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BIDDING DOCUMENTBid No. 6t482-Dl
Procurement of IT Senrices
For
DEVELOPMENT AND IMPLEMENTATION OFe-BIDDING SYSTEM
FRi[wY rri$r.-Ars
National Highway Authority28, Mauve Area, G-9/I,Islamabad
Phone: +92-SL-9O327 27, Fax: +92-5I-9260419URL: www.nha.gov.pk
JANUARY,2O2O
Contents
Contents , . . . . . . . . . , . . . .2Inst ruct ions to 8 idders. . . . . . . . . . . . . . . . . . . . . . . . . , .31 Inv i ta t ion to Bid. . . . . , . . . . . . . . . . . . . . . . . . . . . . . . .32 Bidding Deta i ls . . . . . . . . . . . . . . . .43 Def in i t ions . . . . . . . . . . . . . . . . . . . . . . .64 Headings and Titles ........g5 No t i ce . . , , . . . . . . . . . 86 Scope o f B id . . . . . . . . . . . . . . . . . . . . 97 Bid Eligibility/Qualification Criteria.... .,.........,.9B Cos t o f B id . . . . . . . . . . . . . . . . . . . . . 109 Jo int Venture / Consor t ium.. . . . . . . . . . . . . . . . . . . . . . . . . .1010 Examination of the Bidding Document .. . . . . . . . . . . . . . . , . . . . . . .1011 Clarification of the Bidding Document ........1112 Amendment of the Bidding Document ,.......1113 Preparation / Submission of 8id... . . . . . . . . . . , , . . 1174 B id P r i ce . , . . . . . . . , . , . . . . . . . . . 1415 Bid Security (Earnest Money) ....,1516 Bid Val id i ty . . . . . . . . , , , . . . . .15L7 Modification / Withdrawal of the Bid .....,.... 1618 Submission & Opening of the Bid .. . . . . . . . . . . . . .1619 Clarif ication of the 8id... . . . . . . . . . . . . . 1620 Determination of Responsiveness of the Bid... . . . . . . . . . . . . .L721 Correction of Errors / Amendment of Bid... . . . . . . . . . . . . . . . . .L722 TECHNICAL EVALUATION CRITERTA.... . . . . . . . . . . . , . . . . . . . , . .1823 FINANCIAL BID EVALUATION.... . . . . . . . . . . . . . . . . .2L24 Reject ion / Acceptance of the Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2225 Award Criteria... . . . . . . . . .23
26 Acceptance Letter ......23
27 Performance Security .. . . . . . . . . . . . . . . . .23
28 Redressal of grievances by the procuring agency. ........24
29 Impor tant Note: . . . . . . . . . . . . . . . . . . . . . . . . . . .2430 Applicabil i ty of Public Procurement Rules, 2004 ... . , . . . , , . . . . . . . . . . . . . . . .25
Con t rac t Ag reemen t . . . . . . . . . . . . . . . . . . . . . . 26Schedu le 1 -6 . . . . . . . . . . . . . . . . . . . . . . . 50Annexures A to J . . . . . . . . . . . . . . . . . . . . . 76
Append ix -A . . . . . . . . . . . . . . . . . . . . . . 94
Instructions to Bidders
1 Invitation to Bid
1. 1. PPRA Rules to be followed
Public Procurement Rules, 2OO4 will be strictly followed. These mavbe obtained from ppRA,s website. http://ppra.org.pk
In this document, unless otherwise mentioned to the contrary, ,,Rule,'means a Rule under the public procurement Rules.2oo4-
1.2. Mode of Advertisement(s)
As per Rule 12{1 &' 2), the advertisement for the procurement of ITservices for "Development and Implementation of e-Bidding system,, isbeing placed online at NHA website, as well as being advertised. inprint media.
As per Rule 12(3), the said advertisement is also placed online at thewebsite of Client.
The Bidding document is available in the office of GeneralManager(P&cA), NHA, 28, Mauve Area, G-g/1, Islamabad & the samemay be obtained subject to the payment of cost of printing andprovision of the document which is Rs.lOoo/- only in the form ofDemand draft / Pay order in favour of "National Highway Authorie/, .Bidding Document is also available at vru$/.qhA,gpv,l2k and may bedownloaded free of cost.
1.3. 'Ilpe of Open Competitive Bidding
As per Rule 36(b), single Stage - Two Envelope Bidding procedureshall be followed. The said procedure is reproduced as follows:
0 The bid shall comprise a single package containing tuto separateenuelopes. Eqch enuelope shall contqin separatelg the financialproposal qnd the technical proposal;
(iil the enuelopes shall be marked as "FINANCIAL ZRO?OSAL, and"TECHNICAL PROPOSAL" in bold and legible letters to auoidconfusion;
(iit) initiallg, only tLrc enuelope marked "TECHNICAL pRoposAL'
shall be opened;
the enuelope marked as "FINANCIAL PROAOSAL" shatt beretained in the custodg of the procwring a.gencA without beingopened;
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2.3- The bidder shall submit bids which comply with the BiddingDocument. Alternative bids and options shall not be considered.The attention of bidders is drawn to the provisions of this biddocument clause regarding eDetermination of Responsiveness ofBid" and "Rejection / Acceptance of the Bid" for making their bidssubstantially responsive to the requirements of the BiddingDocument.
2'4' It will be the responsibility of the Bidder that all factors have beeninvestigated and considered while submitting the Bid and no claimwhatsoever including those of financial adjustments to the contractawarded under this Bid Process will be entertained by the Client.Neither any time schedule, nor financial ad,justments arising thereofshall be permitted on account of failure by the Bidder.
2'5. It must be clearly understood that the Terms and Conditions andSpecifications are intended to be stricfly enforced. No increase in costexcept arising from increase in scope of work on the demand andapproval of the Client will be permitted tJrroughout the period ofcompletion of the contract.
2'6. The Bidder should be fully and completely responsible for all thedeliveries and deliverables to the Client.
2'7. The Primary Contact & Secondary Contact for all correspondence inrelation to this bid is as follows:
Primarv Contact
Muhammad TalhaDirector (e-Procurement)National Highway Authority28, Mauve Area, G-g lI, IslamabadOffice Phone: +92-5I-90327 19Email : dir_eprocuremen(rynha. gov. pk
Waqas Khalid MalikDeputy Director(Automation)National Highway Authority28, Mauve Area, G-g/1, IslamabadOffice Phone: +92-5I-9032727Email: ddmis2@nha. eov.pk
Secondarv Contact
Muhammad Naveed Iqbal WahlahMember (Planning), NHANational Highway Authority
28, Mauve Area, G-9/1, IslamabadOffice Phone: +92-5 1 -90 32T 02
Hafiz Muhammad Tahir NadeemGeneral Manager (p &CA)National Highway Authority28, Mauve Area, G-9/1, IslamabadOffice Phone: +92-SI-9O322 2Z
2.8. Bidders should note that during the period from the receipt of the bidand until further notice from the Primary Contact, all queries shouldbe communicated via the Primary Contact and in writing (e-mail) only.In the case of an urgent situation where the Primary Contact cannotbe contacted, the bidder may alternatively direct their enquiriesthrough the Secondary Contact.
2.9. Bidders are also required to state, in their proposals, the name, tifle,contact number (landline, mobile), fax number and e-mail address ofthe bidder's authorized representative through whom allcommunications shall be directed until the process has beencompleted or terminated.
2.70 .
2 .LL .
The Client will not be responsible for any costs or expenses incurredby bidders in connection with the preparation or delivery of bids.
Failure to supply required items/services within the specified timeperiod will invoke penalty as specified in this document.
3 Deflnitions
In this document, unless there is anything repugnant in the subject orcontext:
3.1. "Authorized Representative" means any representative appointed, fromtime to time, by the Client or the Contractor, with information to otherparff, in writing.
3.2. "Availability and Reliability'' means the probability that a componentshall be operationally ready to perform its function when called uponat any point in time.
3.3. "client" means the chairman National Highway Authority (NHA) orany other person for the time being or from time to time dutyappointed in writing by the Client to act as Client for the purposes ofthe Contract.
3.4. "Biddef means the interested Firm/Company/Supplier/Distributorswho submits a bid that may provide or provides the softwareapplication and related seruices to any of the public/private sectorotganization under the contract and have registered for the relevantbusiness thereof.
3'5. "Commencement Date of the Contract" means the date of signing ofthe Contract between the Client and the Contractor.
3.6. "Contract" means the agreement'entered into between the Client andthe contractor, as recorded in the contract Form signed by theparties, including all Schedules and Attachments thereto and alldocuments incorporated by reference therein.
3.7. "Contractor" means the Bidder whose bid has been accepted andawarded Letter of Acceptance for "Development & Implementation ofthe e-Bidding System" followed by the signing of Contract.
3.8. "Contract Price" means the price payable to the Contractor under theContract for the full and proper performance of its contractualobligations.
3.9. "Contract Value" means tJ'at portion of the Contract Price adjusted togive effect to such additions or deductions as are provided for in theContract which is properly apportion-able to the Goods or Services inquestion.
3.10. "Defects Liability Expiry Certificate" means the certificate to be issuedby the Client to the Contractor, in accordance \Mith the Contract.
3.11. "Day" means calendar day.
3.I2. "Defects Liability Period" means the warranty period following thetaking over, during which the Contractor is responsible for makinggood, any defects and damages in and services provided under theContract.
3.13. "Goods" means software which the Contractor is required to supply tothe Client under the Contract.
3.r4. "Person" includes individual, association of persons, firm, company,corporation, institution and organizatton, etc., having legal entity.
3.15. "Prescribed" means prescribed in the Bidding Document.
3.16. "Origin" shall be considered to be the place where the Goods areproduced or from where the services are provided. Goods areproduced when, through manufacturing, processing or assembling ofcomponents, a commercially recognized product results that issubstantially different in basic characteristics or in purpose or utilityfrom its components. The origin of Goods and Services is distinct fromthe nationality of the Contractor.
3.L7. "services" means installation, configuration, deployment of software,commissioning, testing, training, support, after sale service, etc. ofother such obligations which the Contractor is required to provide tothe Client under tl:e Contract and as defined in Clause 6 andAnnexure-A.
3.18. "Taking-Over Certificate" means the certificate to be issued by theClient to the Contractor, in accordance with the Contract.
3.19. "'Works" means work to be done by the Contractor under the Contract.
3.2O. "Eligible" is defined as any country or region that is allowed to dobusiness in Pakistan by the law of Government of Pakistan
4 Headings and Titles
In this document, headings and titles shall not be construed to bepart thereof or be taken into consideration in the interpretation of thedocument and words importing the singular only shall also includethe plural and vice versa where the context so requires.
5 Notice
5.1. In this document, unless otherwise specified, wherever provision ismade for exchanging notice, certificate, order, consent, approval orinstructions amongst the Contractor and the Client, the same shallbe:
a. in writing;
b. issued within reasonable time;
c. served by sending the same by courier or registered post to theirprincipal office in Pakistan or such other address as they shallnotify for the purpose; and
d. The words "notify", "certify", "order", ttconsentt', "approve","instruct", shall be construed accordingly.
6 Scope of Bid
6.7. National Highway Authority (NHA), (hereinafter referred to as ,,theClient") requests / invites Bids for "Development and Implementationof e-Bidding System,'.
6-2. Detailed items pertaining to scope are mentioned. in Annexure-A.compliance to which is absolutely essential.
Bid Eligibility/Qualification Criteria
7.I. Eligible Bidder is a Bidder who:a. has a registered/incorporated company/firm in Pakistan with
relevant business experience of at least two (2) years;
b. Must be registered with rax Authorities as per prevailing latesttax rules (only those companies which are validry registeredwith sales tax and income tax departments and having soundfinancial strengths can participate);
c. has valid Registration of sales Tax (sr) & National rax Number(NrN);
d. Has submitted bid for complete items and relevant bid securit5r.
e. Must have ICT/ software development experience of last twoyears;
f. Has not been blacklisted by any of Provincial or FederalGovernment Department, Agency, Organization or autonomousbody or Private Sector Organization an5rlvhere in Pakistan(Submission of undertaking is mandatory), failing which willcause rejection of the bid;
Has the required relevant qualified personnel and enoughstrength to fulfill the requirement of assignment.
Conforms to the clause of "Responsiveness of Bid" given hereinthis Bidding document.
Goods and Services can only be supplied / sourced / routedfrom "origin" in "eligible" countries.
(i) "Eligible" is defined as any country or region thatallowed to do business in Pakistan bv the lawGovernment of Pakistan.
(ii) "Origin" shall be considered to be the place where theGoods are produced or from which the Services areprovided. Goods are produced when, throughmanufacturing, processing or substantial and major
g.
h.
isof
assembling of components, a commercially recognizedproduct results that is substantially different in basiccharacteristics or in purpose or utility from itscomponents.
Note: verifiable documentary proof for a-ll above requirements is amandatory requirement, noncompliance will lead. to disqualification.
8 Cost of Bid
8.1- The Bidder shall bear all costs / expenses associated with thepreparation and submission of the Bid(s) and the Client shall in nocase be responsible / liable for those costs / expenses.
9 Joint Venture / Consortium
Following are minimum requirements for JV:
9.1. The Bidders may form a joint venture. An Agreement Deed to thateffect, legally executed and signed by all the partners shall besubmitted with the bid.
9.2. There must be at least one locally registered company (Partner) ofgood repute, with relevant experience and proven track record, in thejoint venture.
9'3. One partner of the participating Joint Venture shall be designated theLead Partner. If awarded the contract, the Lead Partner would enterinto legal agreement with the Client on behalf of the Joint Venture andwould receive instructions and incur liabilities.
9.4. A11 partners shall be jointly and severally liable for the execution of theContract in accordance with the agreed terms and conditions. In caseof award of Contract, the Contract Agreement shall be signed by theLead Partner. A11 the partners shall be jointly and severally liable forthe execution of the project in accordance government rules andregulations.
10 Examination of the Bidding Document
The Bidder is expected to examine the Bidding Document, includingall instructions and terms and conditions.
10
11 Clarification of the Bidding Document
11.1' The Bidder may require further information or clarification of the BiddingDocument, within 05 (five) calendar days of issuance of Bidding in writinglThe clarification and its replies will be shared with all prospective"bidders.
77.2. Bidders should note that during the period from the receipt of the bidand until further notice from the Primary Contact given herein thisdocument, all queries should be communicated via the primarycontact and in writing (e.g. e-mail & letter) only. In tle case of anurgent situation where the Primary Contact cannot be contacted, thebidder may alternatively direct their enquiries through the SecondaryContact.
t2 Amendment of the Bidding Document
I2.I The Client may, at any time prior to the deadline for submission of theBid, at its own initiative or in response to a clarification requested bythe Bidder(s), amend the Bidding Document, on any account, for anyreason. All amendment(s) shall become part of the Bidding Documentand binding on the Bidder(s).
I2.2 The Client shall notify the amendment(s) in writing to the prospectiveBidders as per Public Procurement Rules, 2Oe4.
r2.3 The client ffi&y, at its exclusive discretion, amend the BiddingDocument to extend the deadline for the submission of the Bid as perRule-26(4) of trublic Procurement Rules,2OO4.
13 Preparation / Submlssion of Bid
13.1 The Bidder must bid for complete scope of this Bidding Document.
13.2 The Bid and all documents relating to the Bid, exchanged between theBidder and the Client, shall be in English. Any printed literaturefurnished by the Bidder in another language shall be accompanied byan English translation which shall govern for purposes ofinterpretation of the Bid.
13.3 The Bid shall be filed in f accompanied by the prescribed Forms,Annexes, Schedules, Charts, Drawings, Documents, Brochures,Literature, etc. which shall be t5rped, completely filled in, stamped andsigned by the Bidder or his Authorized Representative. In case ofcopies, signed and stamped photocopies may be submitted. If volumeof the bid contains various set(s) of documents the same must beproperly numbered and tagged in binding shape.
I3.4 The Bid shall be in two parts i.e. the TechnicalBid. Each proposal shall be in four sets i.e.
e.
f.
g
h .
Bid and the FinancialO1 original and 03
copies. In the event of any discrepancy between the original and theduplicate, the original shall govern.
13.5 Technical Bid shall comprise tlee following, without quoting the price:
13.6 Technical Bid Form (Annexure-B)
undertaking (A11 terms & conditions and qualifications listedanywhere in this Bidding document have been satisfactorilyvetted) and Affidavit (Integrity pact) (Annexure-G & Annexure-Hf
covering letter duly signed and stamped by authorized,representative. (Annexure-E)
certificate of company/ Firm Registration/ Incorporation under thelaws of Pakistan
d. Evidence of eligibility of the Bidder and the Goods / services.
a.
b .
c .
Evidence of conformity of the Goods / the services to the BiddingDocument
Technical Brochures / Literature
List of firm's major international and national client
submission of undertaking that the firm is not blacklisted by anyof Provincial or Federal Government Department, Agency,organizatton or autonomous body or private sector organizationanywhere in Pakistan.
Va-lid Registration Certificate for Income Tax & Sales Tax
Power of Attorney, if an authorized representative is appointed(Annexure-F)
L3.7 The Financial Bid shall comprise the following:
Financial Bid Form (Annexure-C)
Price Schedule (Annexure-D)
Bid security as per provisions of the clause Bid security of thisdocument
13.8 The Bidder shall seal the Original Technical Bid in an envelope dulymarked as under:
Original Technical Bid for:Procurement of IT Services for DEVELOPMENT ANDIMPLEMENTATION OF e-BIDDING SYSTEM
Bid No. 61482-Dl
l .
1J '
a,
b.
c.
:j:j5::a\l
:iii1"'l,':;i'\., l , \
[Name of the Client][Address of the Client][Name of the Bidder][Address of the Bidder][Phone No. of the Bidder]
13.9 The Bidder shall seal tle Duplicate Technical Bid in an envelope dulymarked as under:
Duplicate Technical Bid for:Procurement of IT Services for DEVELOPMENT ANDIMPLEMENTATION OF e-BIDDING SYSTEMBid No. 6|482-Dl[Name of the Client][Address of the Client][Name of the Bidder][Address of the Bidder][Phone No. of the Bidder]
13.10 The Bidder shall follow the same process for the Financial Bid.
13.11The Bidder shall again seal the sealed envelopes of Original TechnicalBid and the Original Financial Bid in an outer envelope, duly markingthe envelope as under:
Original Bid for:Procurement of IT Services for DEVELOPMENT ANDIMPLEMENTATION OF e-BIDDING SYSTEMBid No. 6(482-DlStrictly Confidential[Name of the Client][Address of the Client][Name of the Bidder][Address of the Bidder][Phone No. of the Bidder]
13.12The Bidder shall again seal the sealed envelopes of DuplicateTechnical Bid and the Duplicate Financial Bid in an outer envelope,duly marking the envelope as under:
Duplicate Bid for:Procurement of IT Services for DEVELOPMENT ANDIMPLEMENTATION OF e-BIDDING SYSTEM
Bid No. 61482-DlStricfly Confidential[Name of the Client][Address of the Client][Name of the Bidder] . ::::: ..
13
[Address of t]re Bidderl[Phone No. of the Bidder]
13.13 The Bidder shall enclose soft copies of the Technical Bid, including allForms, Annexes, schedules, charts, Drawings, Documents,Brochures, Literature, etc., in the form of MS word Documents, MSExcel worksheets and scanned images, with the hard copies.
I3-I4 The Bids shall be delivered in the office of GM(P&CA), not later than1500 hours on last date of submission of bids. No late bid shall beaccepted.
13'15 Bidders are advised to affix authorized signatures with official seal onall original and duplicate (copies) d.ocuments, annexure, copies,certificates, brochures, literature, drawings, letters, forms and allrelevant documents as part of the bids submitted by the Bidder.
L4 Bid Price
L4.I The quoted price shall be:
a. in Pak Rupees;
b. inclusive of all taxes, duties, levies, insurance, freight, etc.;
c. best / finaL / fixed and valid until completion of all obligationsunder the Contract;
d. Including all charges up to the delivery point as Prescribed inthe Bidding Document.
L4.2 Where no prices are entered against any item(s), the price of tJlat itemshall be deemed be free of charge, and no separate payment shall bemade for that item(s).
14.3 In case of locally produced Equipment/Service, the price shall includeall customs duties and sales and other taxes already paid or payableon the components and raw materials used in the manufacture orassembly of the item. In case of Contract of importedEquipment/Services offered Ex-Warehouse/Off-the-Shelf from withinthe Client's countr5r, import duties and sales and other taxes alreadypaid shall be shown separately (if required by the Client).
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15 Bid Security (Earnest Money)
15.1 The bid security amount has been calculated as per provisions ofRule-25 "Bid security'' of ppRA Rules, 2oo4 (i.e. not exceeding fivepercent of the estimated cost), the Bidder shall furnish the BidSecurity (Earnest Money) as under:
a. for a sum of 500,000/- (Rupees);
b. denominated in Pak Rupees;
c. As part of Technical Bid envelope, failing which will causerejection of bid;
d. In the form of Demand Draft / Pay order / carr Deposit Receiptor Bank Guarantee in the name of the Client (issued by thescheduled bank operating in Pakistan);
e. have a minimum validity period of one hundred fifty (150) daysfrom the last date for submission of the Bid or until furnishingof the Performance Security, whichever is later.
15.2 The Bid Security shall be forfeited by the Client, on the occurrence ofar:y / all of the following conditions:
15.2.1If the Bidder withdraws the Bid during the period of the Bidvalidity specified by the Bidder on the Bid Form; or
t5.2.2lf the Bidder does not accept the corrections of his Total BidPrice; or
15.2.3If the Bidder, having been notified of the acceptance of the Bidby the Client during the period of the Bid validity, fails orrefuses to furnish the Performance Securitv. in accordancewith the Bidding Document.
15.3 The Bid security shall be returned to the technically unsuccessfulBidder with unopened/sealed financial bid while the unsuccessfulbidders of financial bid opening procedure will be returned the BidSecurity only. The Bid Security shall be returned to the successfulBidder upon furnishing of the Performance Security.
16 Bid Validity
The Bid shall have a minimum validity period of one hundred andtwenty (120) days from the latest date for submission of the Bid. TheClient may solicit the Bidder's consent to an extension of the validityperiod of the Bid. The request and the response thereto shall be madein writing. If the Bidder agrees to extension of validity period of theBid, the validity period of the Bid Security shall also be suitably
15
extended. The Bidder may refuse extension of validity period of theBid, without forfeiting the Bid security.
L7 Modification I Withdrawal of the Bid
17.I The Bidder may, by written notice served on the Client, modify orwithdraw the Bid after submission of tJre Bid, prior to thedeadline for submission of the Bid.
I7.2 The Bid, withdrawn after the deadline for submission of the Bidand prior to the expiration of the period of the Bid validity, shallresult in forfeiture of the Bid Security.
18 Submission & Opening of the Bid
18.1 The complete bids as required under this bidding document must bedelivered to the office of General Manager(P&CA) at NHA Head Office,Islamabad, not later than 15OO hours on last date of submission ofbids i.e. 11tl February, 2O2O, late bids shall not be considered.Technical Bids shall be publicly opened in the NHA Auditorium, NHAHQ, 28, Mauve Area, G-9/L, Islamabad, at 1530 hours on 11thFebruary, 2O2O, in the presence of the Bidder(s) for which they shallensure their presence without further invitation, as per provision ofRule-28 of PPRA Rules, 2OO4. In case the last date of bid submissionfalls in / within the official holidays / weekends of the Client, the lastdate for submission of the bids shall be the next working day.
18.2 The Bidder's name, modifications, withdrawal, security, attendance ofthe Bidder and such other details as the Client ffi&y, at its exclusivediscretion, consider appropriate, shall be announced and recorded.
18.3 No Bidder or its representative will be allowed to keep any digitaldevice (camera, audio recorder, cell phone etc.) during Bid openingmeeting at given time and location.
19 Clarification of the Bid
The Client shall have the right, at his exclusive discretion, to require,in writing, further information or clarification of the Bid, from any orall the Bidder(s). No change in the price or substance of the Bid shallbe sought, offered or permitted except as required to confirm thecorrections of arithmetical errors discovered in the Bid. Acceptance ofany such correction is sole discretion of the Client.
/i:i-.-.-/, (;li'1'! {'
-":" t6
20 Determination of Responsiveness of the Bid
20.1 The Client shall determine the substantial responsiveness of the Bidto the Bidding Document, prior to the Bid evaluation, on the basis ofthe contents of the Bid itself without recourse to extrinsic evidence. Asubstantially responsive Bid is one which:
2o.L.7meets the eligibility criteria given herein this Bidding document/ theGoods / the Services;
2o.r.2 meets the Technical specifications for the Goods / t]ne services
2O.L3 meets the delivery period I point for the Goods / the Services
2O.I.4 in compliance with the rate and limit of liquidated damages;
20.1.5 offers fixed price quotations for the Goods / he Services , whereby nooptional offer / bid or price is allowed;
2o.1..6is accompanied by the required Bid Security as part of Technical Bidenvelope;
2O.l.7In compliance with the Preparation/Submission of Bid in a mannerprescribed in this Bidding document clause-13;
2O.l.BConforms to all terms and conditions of the Bidding Document,without material deviation or reservation.
2O.2 A material deviation or reservation is one which affects the scope,quality or performance of the Services / Goods or limits the Client'srights or the Bidder's obligations under the Contract.
20.3 The Bid determined as not substantially responsive shall notsubsequently be made responsive by the Bidder by correction orwithdrawal of the material deviation or reservation.
Correction of Errors / Amendment of Bid
21.1 The Bid shall be checked for anv arithmetic errors which shall berectified, as follows:
21.I.I If there is a discrepancy between the amount in figures and theamount in words for the Total Bid Price entered in the BidForm, the amount which tallies with the Total Bid Priceentered in the Price Schedule, shall govern.
2l.L.2If there is a discrepancy between the unit rate and the totalprice entered in the price Schedule, resulting from incorrectmultiplication of the unit rate by the quantity, the unit rate asquoted shall govern and the total price shall be corrected,unless there is an obvious and gross misplacement of thedecimal point in the unit rate, in which case the total price as
2L
quoted shall govern and the unit rate shall be corrected.
27.2 It there is a discrepancy in the actual sum of the itemized total pricesand the total Bid price quoted in the Price Schedule, the actual sumof the itemized total prices shall govern.
21.3 The Bid price as determined after arithmetic corrections shall betermed as the Corrected Total Bid Price which shall be binding uponthe Bidder.
2L.4 Adjustment shall be based on corrected Bid Prices. The pricedetermined after making such adjustments shall be termed asEvaluated Total Bid Price.
21.5 No credit shall be given for offering delivery period earlier than thespecified period.
22 TECHNICAL EVALUATION CRITERIA
PASS MARKS: A technicafly eligible bidder, based on conditions listedin this document, not meeting the 7Ao/o pass marks limit will berejected in Technical Evaluation, and its sealed/unopened FinancialBid shall be returned back. All bidders scoring greater than or equalto 7Oo/o of the marks and at least 30% marks in each category asmentioned in the table below will be accepted in Technical Bid, andtheir Financial Bids will be opened.
The Bidders who have duly complied with the Evaluation Criteria willbe eligible for further processing.
The Bids which do not conform to the Technical Specifications or Bidconditions or the Bids from the Bidders without adequate capabilitieswill be rejected.
The Eligible/Technically Qualified Bidders will be considered forfurther evaluation.
The Technical Bids shall be evaluated by the technical evaluation committeein the light of following evaluation criteria:
Category Description Points
Legal(Mandatoryf
Relevant business experience of atleast (02) years Required
Valid Sale Tax/ Income TaxRegistration (Status = Active withRelevant Authorities)
Required
Submission of undertaking that thefirm is not blacklisted by any ofProvincial or Federal GovernmentDepartment, Agency, Organization orautonomous body or Private SectorOr ganization anywhere in Pakistan.
Required
Compliance to the technicalspecifications & Statement to Work ofsoftware to be procured mentionedvide Annexure-A and Schedule-S(Undertaking)
Required
Compliance of the Execution Scheduleand Delivery Period mentioned inBidding document (Undertaking)
Required
Registration with Pakistan SoftwareExport Board (PSEB) or PakistanSoftware Houses Association (PASHA)
Required
FinancialStrength/ExperienceMarks= 40
Average Annual Revenue of last two(O2) years (Verifiable through AuditReports prepared by registeredChartered Accountant.
Rs. 20-30 M 20 MarksRs. 31-50M 30 Marks
Rs. 51 M orabove
4O Marks
PresentationMarks = 10
Bidder shall grve a presentationcovering the following:
i. Similar experienceii. Proposed System
iii. Proposed Security Featuresiv. Support & Maintenance
10Marks
Experienceof executingSimilarProjectsMarks = 50
{Pleaseattachverifiablecopies ofLetters ofAward/Acceptance,CompletionCertificates,PerformanceCertificatesetc.)
Please specify the following in detailfor each reference:1. Name of Reference2. Description of the ApplicationSystem Configuration(Please clearly distinguish items/features for "Built from Scratchsolution" or "Packaged Solution". For'Packaged Solution", please indicateversion number)3. Scope of the Reference4. Application Environment (e.g.System Software, ApplicationSoftware, Hardware used)5. Scope of work.6. Specify the total number ofconcurrent users more than 1500 asper average.7. Did the application system includeinterface with other applications(Including interface for 3rd Partyapplications such as banking systemetc.)? Please describe.8. Application System user base -
Number of users more than 1500 asper average9. Commencement Date10. Implementation Date11. Number of Supplier personnel inthe projects12. Implementation Status13. Customer contact(s)
One Project30
Marks
Two Projects 50 Marks
Note: Verifiable documentarv proof like performance certificates & certifiedaudit reports for all above requirements and criteria points are mandatorvrequirement and marks will be awarded on the basis of these verifiableproofs.
20
23 FINANCIAL BID EVALUATION
23.I Technically qualified/successful Bidder(s) shall be called for openingof the Financial Bid(s). The Financial Bids will be opened in thepresence of the Bidders at the time and venue indicated by the Clientaccordingly. The technically Eligible/Successful Bidder(s) or theirauthorized representatives shall be allowed to take part in theFinancial Bid(s) opening.
23.2 Financial Bid eva,luation will be conducted under the publicProcurement Rules, 2OO4. The Price evaluation will include all duties,taxes and expenses etc. In case of any exemption of duties and taxesmade by the Government in favor of the Client, the contractor shall bebound to adjust the same in the Financial Bid.
23.2.r In cases of discrepancy between the cost/price quotedWords and in Figures, the quoted price in words willconsidered.
23.2.2 In evaluation of the price of an imported item, the price willbe determined and considered inclusive of the customs andother import duties etc.;
23.2.3 In evaluation of the price of articles/goods/services whichare subject to excise duty, sales tax, income tax or any othertax or duty levied by the Government, the price will bedetermined and considered inclusive of such duties andtaxes.
23.3 The Client will not be responsible for any erroneous calculation oftaxes and all differences arising out as above shall be fully borne bythe Successful Bidder. However, any subsequent changes in rates orstructure of applicable taxes by the Govt. at any time duringexecution/evaluation period will be dea-lt as per provision in theContract.
inbe
24 Rejection / Acceptance of the Bid
24.r rhe client may reject all bids or proposals at any time prior to theacceptance of a bid or proposal. The client shall upon request,communicate to any bidder, the grounds for its rejection of all bids orproposals, but shall not be required to justify those grounds. TheClient shall incur no liability, solely, by virtue of its invoking sub-rule(1) of Rule-33 of Public procurement Rules, 2oo4 towards thebidders. However, bidders shall be prompfly informed about therejection of the bids, if any (As per Rule 33 of Public procurementRules, 2OO4).
24.2 The Bid shall be rejected if it is:
24.2.I substantially non-responsive in a manner prescribed in thisBidding document clause-2O; or
24.2.2 Submitted in other than prescribed forms, annexes, schedules,charts, drawings, documents / by other than specified mode;or
24.2.3 Incomplete, partial, conditional, alternative, late; or
24.2.4 subjected to interlineations / cuttings / corrections / erasures/ overwriting; or
24.2.5 bid security is not submitted;
24.2.6 The Bidder refuses to accept the corrected Total Bid Price; or
24.2.7 The Bidder has conflict of interest with the Client; or
24.2.8 The Bidder tries to influence the Bid evaluation / Contractaward; or
24.2.9 The Bidder engages in corrrrpt or fraudulent practices incompeting for the Contract award;
24.2.70 The Bidder fails to meet all the requirements of Bid Eligib llity /Qualification Criteria (Clause-7);
24.2.L1 The Bidder fails to meet the evaluation criteria requirements(clause-22);
24.2.72 The Bidder has been blacklisted by any public or private sectororganization;
24.2.13 The Bidder has been served any legal notices or displeasureletters by any public sector organization on serious failures toprovide satisfactory services;
24.2.L4 The Bidder has mentioned any financial implication(s) in the
22
Financial Bid that is in contradiction to this document andGovernment rules and regulations.
24.2.rs There is any discrepancy between bidding documents andbidder's proposal i.e. any non-conformity or inconsistency orinformality or irregularity in the submitted bid.
24.2.16 The Bidder submits any financial conditions as part of its bidwhich are not in conformity with Bidding document.
24.2.17 Non-submission of verifiable proofs against ttre mandatory aswell as general documentary, qualification and etigibilityrelated requirements.
24.2.18If the rates quoted by vender are not workable or on higher sideetc.
25 Award Criteria
25.I At first step, eligible Bidder(s) as per clause-7 (Bid Eligibility) of thisBidding document fulfilling the qualification and technicalevaluation criteria will stand technically qualified.
25.2 At second step, technically qualified and successful Bidder(s) willbe evaluated in the light of all Pre-Conditions, necessary requisitesand shall be selected on lowest cost quoted as per rrrles andfulfilling all codal formalities, irrespective of their score in theprevious step.
Acceptance Letter
As per provisions of Rule (38) of Public Procurement Rules 2OO4, theClient shall issue the Acceptance Letter to the successful Bidder, atleast after 10 days of announcement of bid evaluation reports (Ref.Rule-35 of PPRA Rules, 2OO4) and prior to the expiry of the originalvalidity period or extended validity period of the Bid, which shallconstitute a contract. until execution of the formal Contract.
27 Performance Security
27.I The successful Bidder/The Contractor shall furnish PerformanceSecurity as under:
27.l.lwithin twenty eight (28) days of the receipt of the AcceptanceLetter from the Client;
27.7.2in ttre form of a Bank Guarantee, issued by a scheduled bankoperating in Pakistan, as per tJre format provided in the BiddingDocument:
26
t:t'':!.:):
iil,'
27.I.3for a sum equivalentto lOo/o of the Contract Price;
27.I.4 denominated in Pak Rupees;
27.r.5have a minimum validity period until the date of expiry ofwarranty period, support period or termination of services, orfulfillment of all obligations under the contract, whichever islater. No other shape or form of performance security shall beacceptable with any validity less than the prescribed timeperiod.
27.2 The Performance Security shall be payable to the Client, onoccurrence of any / all of tl e following conditions:
27.2.1 If the Contractor commits a default under the Contract;
27.2.2 If the Contractor fails to fulfill the obligations under theContract;
27.2.3 If the Contractor violates any of the terms and conditions of theContract.
27.3 The Contractor shall cause the validity period of the performancesecurity to be extended for such period(s) as the contractperformance may be extended.
2a Redressal ofgrievances by the procuring agency
28.1 The Client has constituted a committee comprising of odd number ofpersons, with proper powers and authorizations, to address thecomplaints of bidders that may occur prior to the entry into force of theprocurement contract.
28.2 Any bidder feeling aggrieved by any act of the Client after thesubmission of his bid may lodge a written complaint concerning hisgrievances not later than ten days after the announcement of the bidevaluation report.
28.3 The committee shall investigate and decide upon the complaint withinfifteen days of the receipt of the complaint.
28.4 Mere fact of lodging of a complaint shall not warrant suspension of theprocurement process.
28.5 Any bidder not satisfied with the decision of the committee of theClient may lodge an appeal in the relevant court ofjurisdiction.
29 Important Note:
Bidders must ensure that they submit all the required documents indicatedin the Bidding Documents without fail. Bids received without, undertakings,valid documentary evidence, supporting documents and the manner for thevarious requirements mentioned in the Bidding Documents or test
certificates are liable to be rejected at the initial stage itself. The data sheets,valid documentary evidences for tJ:e critical components as detailed,hereinafter should be submitted by the Bidder for scrutiny.
Applicability of Public Procurement Rules, 2OO4
This Bidding Process will be governed under Public Procurement Rules,2OO4, as amended from time to time.
Contract AgreementBid No. 61482-Dl
Procurement of IT Senrices
For
DEVELOPMENT AND IMPLEMENTATION OFe-BIDDING SYSTEM
National Highway Authority28, Mauve Area, G-9lL,Islamabad
Phone: +92-5I-90327 27, F ax: +92-5I-9260419URL: www.nha;gol{,Pk
JANUARY,2O2O
tFi[xDrY riSr.o.AYs
i - J
26
ContentsDEFrNrTIONS,. . . . . . . . . . . . . . . . . . , . . .28
1 scoPE oF AGRBEMENT . . . . . . . . . . . . . . .31
2 Priority of Contract Documents............. .........31
3 EXECUTION OF THE PROJECT AND RESPONSIBILITIES OF PARTIES .....,,...32
4 PRICE, TERMS OF PAYMENT AND TAXES .. . . . . . . , . . . . . . . , . . . .36
s PAYMENT. . . . . . . . . . . . . . . . . . . . . .36
6 CONFIDENTIALITY . . . . . . .37
7 REPRESENTATIONS, WARRANTIES, COVENANTS AND, DISCLAIMERS;...""'39
8 PACKING AND INSURANCE. . . . , . . . . . . . . . . . . . . , , . . . . . . .40
s INDEMNIFICATION; LIMITATION OF LIABILITY ."'... '.... '40
1 0 T E R M I N A T I O N . . . . . . . . . . . . . . . , . . . . . . . . , , . . 4 1
t t LTQUIDATED DAMAGES. . . . . , . . . . . . . . . . . . . . . . . . . . . . .42
12 PERFORMANCE SECURITY ....,..43
13 Encashment of Performance Security ..'.. '. '.43
t4 FORCE MAJEURE ''".43
15 AMENDMENT OR VARIATION .. . ." . . . . " ' ' ' " . . . .44
16 WAIVERS . . . . . . . . . . ' . . . . . ' . .44
t7 ASSIGNMENT / SUBCONTRACT. . . . . . ' . ' . " . . . . .45
18 ENTIRE AGREEMENTS. . . . . . . . . . " . " . . . ' . . . " " . . . . .45
1 e N O T I C E S . . . . . ' . ' . . . . . . . " " . 4 5
20 SEVERABIL ITY. . . . . . . . . " ' . . . ' . " " ' . . . . .46
21. CoNTRACT LANGUAGE. . . . . . . . . . . . " " . ' . . . " " . " ' .46
22 STATUTES AND REGULATION... . . ' " . . . . . . . ' " . .46
23 DISPUTE RESOLUTION. . , , . . . . . . . . . " ' . ' . ' . . . " . " " .46
25 Prov is iona l Sum. . . . ' . . " " " " " " " " " '47
26 woRK PRODUCTS OWNERSHIP.. . . . . . . . . . . . . . . .47
27 CONTRACT COST ..... '48
2 8 P R I C E . . , , . . . . . . . . . " . ' . . . . " . . 4 8
29 PATENT RIGHTS AND RIGHTS TO THE CONTENT OF THE PROGRAM ...'".48
3 0 S T A N D A R D S . . . . . . . . . . . . . . " . . . " ' . . . . . . . " 4 8
31 SUPPORT AND MAINTENANCE .. . . . . . . . . . . . . . . . . .48
32 BLACKLISTING .. ' ' " . . . .48
33 CoNTRACT DURATION. . . . . . . . . . . . . . . . . " . . . ' . " . " . .49
27
THIS CONTRACT AGREEMENT (hereinafter called the "Agreement") made onthe- day of-2O2O between National Highway Authority, Ministry of
Communications, Government of Pakistan, 28-Mauve Area, G9lI, Islamabad(hereinafter called the "Client" which expression shall include the successors, legal
representatives and permitted assignees) of the one Part andM/s_(hereinafter called the uContractor" which expressionshall include the successors, legal representatives and permitted assignees) of theother part.
WHEREAS,
The Client is desirous that certain IT Services for "DEVELOPMENT &
IMPLEMENTATION OF e-BIDDING SYSTEM" should be executed by the
Contractor and has accepted a Bid by the Contractor for the execution and
completion of such Services (development, implementation, support services and
maintenance) and the remedying of any defects therein.
NOW THEREFORE, the Parties to this Contract agree as follows:
a) The Contractor hereby covenants with the Client to provide the Services and
to remedy defects / damage therein, at the timeb) and in the manner, in conformity in all respects with the provisions of the
Contract, in consideration of the payments to be made by the Client to the
Contractor.
The Client hereby covenants with the Contractor to pay the Contractor, the
Contract Price or such other sum as may become payable, at the times and
in the manner, in conformity in all respects with the provisions of the
Contract, in consideration of provision of the Services and remedying of
defects / damage therein.
The following shall be deemed to form and be read and construed as part of
this Contract:
i. Contract Agreementii. Letter of Acceptance
c)
d)
111.
iv.\ 7
vl.
The completed Forms of Technical BidThe completed Forms of Financial BidAddendum / Corrigendum, if anYSchedules 1 to 6
vii. SoftwareSpecifications (Annex-A)viii. IntegritY Pact
ix. Contractor's Bid
e) This Contract shall prevail over all other documents'
DEFINITIONSIn this Contract the following words and expressions shall have the meanings
ascribed to them below except where the context otherwise requires:
,,Acceptance Period" means a time period laid down in clause 3.7'2 0f this
Contract for acceptance of a deliverable;
"Bidding Documents" means the Bidding Documents issued by the Client titled*DEVELOPMENT & IMPLEMENTATION OF E-BIDDING SYSTEM'.
"Contractor" means [Successful Bidder / Company Name] who will develop therequired software as per SOW;
"Clausett means a clause of this Contract;
"Confidential Informationt means any information disclosed by either party tothe other, either directly or indirectly, in writing, orally or by inspection of tangibleobjects (including without limitation documents, prototypes, samples, plant and
equipment), which is designated as "Confidential," "Proprietary" or some similardesignation. Information communicated orally shall be considered ConfidentialInformation if such information is confirmed in writing as being ConfidentialInformation within a reasonable time after the initial disclosure. Confidential
Information may also include information disclosed to a diselosing party by third
parties. Confidential Information shall not, however, include any information which
(i) was publicly known and made generally available in the public domain prior to
the time of disclosure by the disclosing party; (ii) becomes publicly known and
made generally available after disclosure by the disclosing party to the receiving
party through no action or inaction of the receiving party; (iii) is already in the
possession of the receiving party at the time of disclosure by the disclosing party as
shown by the receiving party's files and records immediately prior to the time of
disclosure; (iv) is obtained by the receiving party from a third party without a
breach of such third party's obligations of confidentiality; (v) is independently
developed by the receiving party without use of or reference to the disclosing party's
Confidential Information, as shown by documents and other competent evidence in
the receiving parLy's possession; or (vi) is required by law to be disclosed by the
receiving party, provided that the receiving party gives the disclosing party prompt
written notice of such requirement prior to such disclosure and assistance in
obtaining an order protecting the information from public disclosure.
33Client" means Chairman, National Highway Authority, which is purchasing
Goods/Services as specified in this Contract;
"Commencement Date" means the date of signing of the Contract between
the Client and the Contractor.
"Contract Agreement" or rContract" means the agreement entered into
between the Client and the Contractor, as recorded in the Contract Form
signed by the parties, including all Schedules and Attachments thereto and
all documents incorporated by reference therein.
"Contract Price" means the price payable to the Contractor under the Contract for
the full and proper performance of its contractual obligations.
"Contract Value" means that portion of the Contract Price adjusted to give effect to
such additions or deductions as are provided for in the Contract which is properly
apportion-able to the Goods or Services in question.
,,Customization" means a customized solution for the implementation of software
modules and applications mentioned in Schedule L, i.e. any modification to existing
screens, functionality or reports delivered by the Software mentioned in Schedule 1
or development of any new component, screen' or report.
t -
*,
29
\
"Custom Extension" means any new development or customizE/ion of aninterdependent set of components or screens, to meet a set of lpgically tiedbusiness requirements. For example, Custom Extensions to build fnterfaces orintegrations with existing systems or Custom Extensions to add/ entirely newfunctionality to the Software; /
"Day" means a calendar day
"Defects Liability Expiry Certiflcate" means the certificate to be issued by theClient to the Contractor, in accordance with the Contract.
"Defects Liability Period" or 3'Warranty Period" means the period following thetaking over, during which the Contractor is responsible for making good, anydefects and damages in and Services prorrided under the Contract.
"Deliverable" means subsets of the Project identified in SOW that will becompleted, delivered and accepted individually;
"Designated site" means the Client premises i.e. Islamabad
"Effective Date" means date from which the time allowed for installation andimplementation of the Software shall be determined. The Effective Date will bewhen all of the following conditions have been fulfilled:
(a) This Contract has been duly executed;
(b) The Client has made the payment due upon Contract Signing toContractor as per Schedule 4;
"Executive Commlttee" has the meaning given to it in clause 3.5.1;
"Intellectual Property Rights" means any and all copyright, moral rights,
trademarks, patent, and other intellectual and proprietary rights, title and interests
worldwide, whether vested, contingent, or future, including without limitation all
economic rights and all exclusive rights to reproduce, fix, adapt, modify, translate,
create derivative works from, extract or re-utilize data from, manufacture,
introduce into circulation, publish, distribute, sell, license, sublicense, transfer,
rent, lease, transmit or provide access electronically, broadcast, display, enter into
computer memory, or otherwise use any portion or copy, in whole or in part, in any
form, directly or indirectly, or to authorize or assign others to do so.
"Parties" means the Contractor and Client collectively unless specifically qualified
such as 'third parties';
"Project" means the provisioning of Services.
"Project Plan" means the document to be developed by the Contractor and
approved by the Client, to be delivered by the Contractor as the first Deliverable
after commencement of the Project when it would be incorporated in this Contract
in Schedule 2;
"Project Organization Structure" means the project team to be appointed or
designated by the Contractor and the Client and as defined during the Project
Initiation Phase;
"Price and Payment Terms" means the price of the Software and Services and its
payment, fully set out in Schedule 4.
"Contractor's Project Manager" means a professional person to be appointed bythe Contractor and approved by the Client to perform such duties and function asassigned to him from time to time for the Project;"Program Manager' means a person appointed by the Contractor to oversee theoverall project management from the Contractor's perspective; meeting with theClient's project management from time-to-time and guiding the Contractor ProjectManager, Functional and Technical leads on critical issues."Provisional Sum" means a sum which is specified in the Contract as a provisionalsum, for the execution of any part of the works or for the supply of Plant, Materialsor services under Sub-Clause 25 [Provisional Sums]
"SOW" means the Statement of Work as set out in Schedule 5;
"Schedules" means Schedule 1 to 6 attached with this Contract;
"Services" means analysis, design, development, deployment, implementation,project management and support & maintenance services. Such Services mayinclude activity management and quality assurance, development, installation,configuration, documentation, training, unit testing and user acceptance testingand are detailed in Schedule 5.
3'Softwaret' or 3'solutiontt or ttSystemtt means the e-Bidding System to bedeveloped and implemented by the Contractor for the Client.
"subject Matter Experts' are employees and/or consultants nominated by theClient who are experts in a particular area or topic of the Client's businessoperations
"Technical Lead" means a professional person to be appointed by the Contractor
and notified to the Client to perform such duties and function as assigned to him
from time to time for the Project;
33Test Plan" means a set of test cases, which will be used to perform the UAT. The
two parties will mutually agree upon the Test Plan.
"UAT" means user acceptance testing. A process to obtain confirmation by SubjectMatter Expert through trial or review that the Software performs as per the agreed
documents as reflected in the Test Plan;
1 SCOPE OF AGREEMENT1.1 The provision of Services for the Project by the Contractor in accordance with
the terms and conditions of this Contract and Schedules attached hereto.
L.2 To set out and define the relationship of the Parties' inter se.
2 Priority of Contract Documents2.L The following Documents shall be deemed to form and be read and
construed as part of this Contract:
a. Contract Agreementb. Letter ofAcceptancec. The completed Forms of Technical Bidd. The completed Forms of Financial Bide. Addendum / Corrigendum, if anyf. statement of work (Schedule 5) & software Specifications (Annex-A)g . S c h e d u l e s 4 & 6
h.i.j .
Financial Cost Sheet /Pice TableIntegrity PactContractor's Bid including schedule l- to 3
The documents forming the Contract are to be taken as mutually
explanatory of one another. If an ambiguity or discrepancy or inconsistencyis found in the documents, the priority of the documents shall be in
accordance with the order as listed above.
EXECUTION OF THE PROJECT AND RESPONSIBILITIES OF
PARTIESThe Client, hereby, agrees to engage the Contractor and the Contractor
agrees to perform the Services in accordance with the terms and conditions
stipulated herein.
Responsibilities of the Contractor
Contractor shall:
3.2.1 be overall responsible for providing Services for the Project as the
lead. party through all stages of the Project as per the Statement of Work in
Schedule 5.
3.2.2 clearly and unambiguously manage the Project by a Project
Organization Structure, reporting lines, activities and deliverables. Project
Organization Structure will be laid out during the initiation phase.
3.2.3 provide project management services, which include:
(a) Implement Contractor Project Management methodologr
(b) Maintain updated project plans and schedule
(c) Establish systematic tracking of time spent and task completion
(d) Regular and timely communication of project status, and estimated
project completion timeline
(e) Provide qualified resources as agreed in the Project Organization
Structure
3.2.4 provide and appoint a Program Manager for the Project;
9.2.5 provide and appoint a Project Manager for the Project;
Obliqations of the Contractor
The Contractor shall provide the services:
3.3.1 in a timely, economic and efficient manner, having regard at any
particular time to the client's obligations, purposes and duties;
3.3.2 by exercising the degree of skill and care reasonably to be expected of
a qualified and competent professional management contractor; experienced
in procuring and managing works of a similat size, nature, scope and
complexity as that of the Project;
3.3.3 in accordance with the terms of this Contract; and
2.2
3 .1
3 .2
3.3
3.4
3.3.4 in accordance with respective duties, obligations and responsibilitiescontained in the Statement of Work as detailed in Schedule 5.
Responsibilities of the Client
The Client shall:
3.4.I provide all information and/or necessary data as may be available inorder to assist the Contractor to deliver the Services as set out in thisagreement;
3.4.2 take reasonable steps to ensure accuracy of all information andf ordata supplied under this Contract;
3.4.3 be responsible for timely provision of all resources, including thefollowing:
. Project Manager dedicated for this project and withoverall delivery responsibility for the project.
. Subject Matter Experts, relevant to the scope of the project.r Decision makers authorized to approve key project related
decisions and deliverables.
The detailed project organizational structure, reflecting the roles,
responsibilities and reporting structure for the Client and Contractorresources will be outlined in the Project L:itiation Phase.
3.4.4 provide necessary and qualified personnel at the appropriate time
to work with Contractor staff to acquire technical and functional
knowledge for implementing the system for additional programs and
campuses not included in the current scope;
3.4.5 shall conform to all the relevant clauses of this Contract to carry out
all responsibilities assigned thereto in a timely manner
Proiect Governance
3.5.1 Project Executive Committee: An "Executive Committee" will be
formed that will oversee the execution of the Project. The committee will
comprise of the following:
1. Member Planning NHA HQ2. General Manager (P&CA) NHA HQ3. Director (e-Procurement) NHA HQ4. Deputy Director (MIS) NHA HQ5. The Project Manager of the Contractor.(Hereinafter collectively referred to as "Executive Committee")
3.5.2 The Executive Committee will meet on regular basis to review
progress on the Project and to resolve any ongoing issues so that the Project
can be smoothly executed.
3,5.3 The Executive Committee will play a key role in identifying causes for
delays and will work collaboratively and proactively to reduce their impact.
3.5
3.6
3.7
3,5.4 The Executive Committee will regularly review the performance of theContractor on the Project and will highlight any deficiencies that need to berectified by the Contractor so as to meet its Project commitments.
3.5.5 The Executive Committee willDeliverables and Project sign-offs arerepresentatives unreasonably.
3.5.6 The Executive Committee will
also ensure that acceptance ofnot withheld by the Client or its
be responsible for authorizing anycustomization to the Software or any changes or variations to the Servicesrequested subsequent to the signoff of the associated deliverable. For theremoval of doubt, it is clarified that any functional changes required by the
Client in the Software or Solution after the signoff of the FunctionalRequirements Document shall constitute a change that shall requireapproval from the Executive Committee and shall be subject to Clause 3.7
and Clause 14.
3.5.7 Any claim as to the quality of any of the performed Services, other
than those claims under clause 3.7.2, shall be made by written notice to the
Executive Committee within 10 working days following the date at which the
relevant unsatisfactory Service is identified. If following investigation the
complaint is found to be genuine by the Executive Committee, Contractor
shall take all necessary steps to cure the deficiencies within a reasonable
time period or as advised by the committee.
3.5.8 There will be a Project Working Committee. Members of this
committee will be finalized by the Client & the Contractor during the Project
Initiation Phase. Project Working Committee will define a group of key
stakeholders for weekly reporting and resolution of issues, if any. An issue
that remains unresolved by the Project Working Committee will be forwarded
to the Project Executive Committee for its resolution.
Execution Schedule
3.6.1 The Contractor shall submit an Execution Schedule giving details of
the services rendered as required under the Contract within two weeks of
the signing of the Contract in accordance with the delivery schedule as
mentioned in the Schedule-4 of Contract'
Delivery of Deliverables, Acceptance. Chanqes. Extension of Time
3.7.L The Contractor will deliver each completed Deliverable on the
stipulated milestone date, as set forth in the Project Plan. Upon delivery the
Client shall, as appropriate, review document based Deliverables and catry
out tests of the software based Deliverables by taking input from the
Security Audit firms (to be hired out of Provisional Sum with the approval of
Client) and in accordance with clause 3.4.8 above and the Project Plan;
3.7.2 Upon completion of the tests in accordance with clause 3.7.1 above,
the Client shall have three weeks to accept or reject ("Acceptance Period") the
relevant Deliverable, using reasonable discretion, based on the requirements
specified and agreed to for such Deliverable in SOW. If the Client notifies
that it has rejected a Deliverable, the Client shall provide written notice
specifying the basis of the rejection. The Contractor shall have a reasonable
34
period, mutually agreed with the Client, to cure such defect and redeliver the
Deliverable for an additional Acceptance Period. If the Client faiis to reject, in
writing specifying the defect(s), any Deliverable within the Acceptance
Period, Client shall be deemed to have accepted such Deliverable as of the
second day of the Acceptance Period. Upon acceptance of a Deliverable, all
Services associated with such Deliverable shall be deemed accepted and the
Contractor shall have no further obligation with respect to an accepted
Deliverable, other than those stipulated in this Contract;
3.7.3 For each deliverable, the Executive Committee will sign off on the
acceptance of the deliverable. Constitution of Executive Committee is
mentioned at para 3.5.1 of this Contract.
3.7.4 The Contractor shall be responsible for achieving the completed
Deliverables and overall completion of the Project within the stipulated time,
provided the Client provides all the necessary project resources' as per the
Project's requirements and specifications, in a timely, dedicated and
complete manner in accordance with this Contract;
3.7.5 The Contractor acknowledge that during this contract period any
change can be made into the requirements or scope approved by the Client'
The Client is not liable to pay the Contractor for any additional products and
services delivered contrary to such approved changes or variations;
3.7.6 The Client shall not PaY thethe deliverables, which fall withinperiod.
3.7.7 If the Contractor encounters conditions impeding timely performance
of any of the obligations, under the Contract, at any time, the Contractor
shal1, by written notice served on the Client, promptly indicate the facts of
the delay, its likely duration and its cause(s). As soon as practicable after
receipt of such notice, the Client shall evaluate the situation and may, at its
exclusive discretion, without prejudice to any other remedy it may have, by
written order served on the Contractor, extend the Contractor 's time for
performance of its obligations under the Contract.
a) If the time for provision of the Goods and/or services is
extended due to delays attributable to the Client, the Client
shall be liable to pay compensation to the Contractor for such
delay in terms of extension in times only in inevitable and
extraordinary circumstances.
For any such delays, the Contracto( will lodge a notice of delay with theproject Executive Committee. Such notice shall not affect the provisioning of
goods and services by the Contractor. If the Project Executive Committee
concludes that such delay is due to the client, the contractor will be
compensated for such delay in the manner as specified above. The
compensation will be mutually agreed by the Contractor and Client'
3.7.8 Except where otherwise specifically provided in this Contract, the
Contractor shall submit to the Client's Project Manager a notice of a request
for an extension of time, together with particulars of the event or
Contractor for any changes required in
the scope of work, during the contract
" r )\ t '\.2
circumstance justifying such request within one weeb4gg commencement
or happening of such event or circumstance. Within seven (07) days ofreceipt of such notice and supporting particulars of the request, the Clientshall analyze the period of such extension and associated costs (if any) andcommunicate the decision regarding its acceptance. In the event that theContractor does not accept the Client's estimate of time extension, they shallbe entitled to resolve the dispute in accordance with clause 1"4 hereof; and
3.7.9 The Contractor shall at all times use its reasonable efforts to minimizeany delay in the performance of their obligations under this Contract.
4 PRICE, TERMS OF PAYMENT AND TAXES4.L The Client shall be responsible to make the payment of the Price in
accordance with Schedule 4 attached herewith;
4.2 The Client shall only be responsible to make all payments, under thisContract, to the Contractor, as per the payment schedule;
4.3 All payments shall be made by the Client after completion of the associated
milestone under the rules;
4.4 The Contractor shall be responsible for all taxes, duties and other levies
imposed by the concerned government department(s). If, after the latest date
for submission of Bids, there occur any introduction or change in any
National or State Statute, Ordinance, Decree or other Law or any regulation
or bye-law of any local or other duly constituted authority, which causes
additional or reduced cost to the Contractor, in the execution of the
Contract, such additional or reduced cost shall, after due consultation in the
Executive Committee, be determined by the Client and shall be added to or
deducted from the Contract Price and the Client shall notify the Contractor
accordingly.
5 PAYMENT5.1 The Contractor shall provide all necessary supporting documents along with
invoice.
5.2 The Contractor shall submit an Application for Payment to the Client. The
Application for Payment shall be accompanied by such invoices, receipts or
other documentary evidence as the Client may require; state the amount
claimed; and set forth in detail, in the order of the Price Schedule,
particulars of the Services provided, up to the date of the Application forpayment and subsequent to the period covered by the last preceding
Payment, if anY.
5.3 The Client shall get verified the details of the Services delivered against the
invoice and Payment shall be made as listed in schedule 4.
5.4 The Client will pay the verified amount within forty five (a5) days' The Client
shall make payment for the Services provided by the Contractor' as per
Government PolicY, in Pak RuPees.
5.5 The Contractor shall cause the validity period of the performance security to
be extended for such period(s) as the contract performance may be extended.
5.6 A11 payments shall be subject to any and all taxes, duties and levies
appli,cable under the laws of Pakistan for the whole period starting from
3 6
66.1
issuance of Letter of Acceptance (LOA) till termination / completion of thesigned contract in this regard.
CONFIDENTIALITYNon-Dlsclosure; Non-Use
6.1.1 As the parties will be cooperating with each other under thisContract, each may reveal Conlidential Information to the other. The Partiesagree, by using the same degree of care as each uses for its own ConfidentialInformation which shall in no case be less than a reasonable degree of care,to hold in confidence any Confidential Information disclosed by the otherParty hereunder, and not to disclose any Conlidential Information to anythird party, and not to use any Confidential Information disclosed by theother Party hereunder for purposes other than carrS.ing out its obligationsunder this Contract, without the express written consent of the other Party.Each Party will disclose Confidential Information only to its employees oragents who have a need to know. Each Party will use ConfidentialInformation only for purposes of the project. With respect to any ConfidentialInformation that is revealed by a Party to the other Party, theconfidentiality/non-use requirement of this clause 6.1 shall survive thisContract.
6.L.2 The Contractor shall not, without the Client's prior written consent,make use of the Contract, or any provision thereof, or any document(s),specifications, drawing(s), pattern(s), sample(s) or information furnished byor on behalf of the Client in connection therewith, except for purposes ofperforming the Contract or disclose the sa.me to any person other than aperson employed by the Contractor in the performance of the Contract.bisclosure to any such employed person shall be made in confidence and
shall extend only as far as may be necessary for purposes of suchperformance.
Injunctive Relief
The Parties hereby agree to advise the other immediately in the event that it
learns or has reason to believe that any person who has access to
Confidential Information, or any portion thereof, has violated or intends to
violate the terms of this Contract; and each Party will, at its expense,
cooperate with the other Party in seeking injunctive relief or other equitablerelief in its own name or that of the other Party against the violator(s) with
mutual consent, if need be so.
Responsibility over Employees and Agents
Each Party will assume individual responsibility for the actions and
omissions of its respective employees, agents and consultants, and to inform
same of the responsibilities under clause 6.1 above, and to obtain their
confidentiality and non-disclosure agreement to be bound in the same
manner that the Partv is bound.
Bankruptcy
All Confidential Information disclosed by one Party to the other will remain
the Intellectual Property of the disclosing Party. A bankrupt or insolvent
Party will, to the extent permitted by law, take all steps necessary and
desiiable to maintain the confidentiality of the other Party's Confidential
Information and. to ensure that the court or other tribunal maintain such
6.2
6.3
6.4
37
6.5
6.6
6.7
information in confidence in accordance with the terms of this Contract. In
the event that a court or other legal or administrative tribunal, directly or
through an appointed administrator, trustee or receiver, assumes partial or
complete control over the assets of a Party to this Contract based on the
insolvency or bankruptcy of such Party, the bankrupt or insolvent Party willpromptly notify the relevant authority:
a) that Confidential Information received from the other Party underthis Contract remains the property of the other Party; and (b) ofthe confidentiality obligations under this Contract.
Publication
The Parties shall not submit for written or oral publication any manuscript,
abstract or the like that includes data or other Confidential Information
generated and provided by the other Party or otherwise developed by either
Farty relating to the Project without first obtaining the prior written consent
of the othei Party, which consent will not be unreasonably withheld or
delayed. If written consent or written denial is not provided by the otherparty within 90 days of a request in writing, the first Party will have the right
to pl6tish. But, the foregoing will not apply to customary literature that is
prepared for marketing and sales purposes and that does not contain
Confidential Information.
Publicity
The Parties or any of its affiliates will not originate any news or any other
public statement or disclosure relating to his Contract without the prior
*ritt"tt approval of the other Party, such approval not to be unreasonably
withheld & detayed, except that nothing in this clause shall prevent anyparty from issuing statements that such Party reasonably determines to be
necessary to coniply with applicable law, provided, however, that, to the
extent piacticable- under the circumstances, such Party shall provide the
other Party with a copy of the proposed text of such statements sufficiently
in advancb of the scheduled release thereof to afford such other Party a
reasonable opportunity to review and comment upon the proposed text.
Rights to Data
The Contractor, in consideration of the Price payable to it by the Client
hereunder, and subject to the succeeding paragraph, hereby assigns to the
Client on an exclusive basis, all right, title and interest, and all proprietary
claims to, the Software with the source code, data and other information (the,,Developments") developed within the scope of the services rendered
p.rr".r.irt to the Sow-. The Contractor agrees that it shall have no
copyrights, patents or trade secrets in such Developments, and agrees that,
.rpon ih" r"q.r""t of the Client, it shall sign any papers reasonably necessary
to effect the foregoing assignment.
The client acknowledges that in developing or furnishing any work product,
the Contractor *.y ",ttilire
pre-existing proprietary methodologies, tools,
models, software, procedures, documentation, know-how and processes
owned. by the Contiactor (the .Contractor Materials"). The Client further
acknowledges that the Contractor may modify or improve the Contractor
Materials during the course of a Project. The Client agrees that all.such
modifications or improvements shall not be a "work-for-hire" or otherwise in
any respect the property of the client, and are and shall remain the sole
38
7 .L
property of the Contractor. If any Contractor Materials are incorporated intoa Deliverable under the SOW, the Contractor will grant to the Client aperpetual, royalty-free, exclusive license to utilize such Contractor Materialsfor its business purposes.
REPRESENTATTONS,DISCLAIMERS;
WARRANTTES, COVENANTS AND,
Each Party represents, warrants and covenants to the other Party that:
7.I.I it has the power and authority and legal right to enter into this
Contract and to perform its obligations hereunder;
7.I.2 the execution and delivery of this Contract and the performance of the
transactions contemplated thereby have been duly authorized by all
necessary action of the Party; and will not;
(a) conflict with, or constitute a breach or violation of any other
contractual obligation to which it is a Party, any judgment of any court or
governmental body applicable to the Party or its properties, or' to the Party's
knowledge, ?oy statute, decree, order, rule or regulation of any court or
governmental agency or body applicable to the Party or its properties; and
(b) require any consent or approval of any external governmental
authority or other Person;
7.1.4 each Party will, to the best of its knowledge without undertaking a
special investigation, disclose to the other Party any material, adverse
proceedings, claims or actions that arise and which may materially interfere
with that Party's performance of its obligations under this Contract;
The Contractor warrants to the Client that the Goods/Services supplied by
the contractor, under the contract are genuine, new (goods), non-
refurbished, un-altered in any way, of the most recent or current model,
imported through proper channel, and incorporate all recent improvements
in design and materials, unless provided otherwise in the Contract.
Except as expressly set forth herein, all warranties, including the implied
warranties of merchantability and fitness for a particular purpose' are
hereby expressly disclaimed. Neither party shall be liable to the other party
or any other entity for any special, indirect, incidental or consequential
damages, including but not limited to loss of revenues and loss of profits,
even if advised of the possibility of such damages.
The warranty provided shall include fixing all defects identified in the
supplied software and fixing any implementation defects identified by the
client free of any cost during the warranty/ Defect Liability Period as
specified in the Contract. For the above warrant5/, the Contractor shall
"ng.g" and deploy suitably skilled'personnel. The warranty excludes making
rny "fr..rges
of any kind in the Solution unless specifically authorized under
Clause 15.
Warranty Period: For the supplied solution, the warranty period shall be
twelve months after development & implementation of e-Bidding System
(complete solution). After expiry of warranty period, provided that thegoods/services
7.2
7 .3
7.4
7.5
contractor has rectified all the defects and
39
88 .1
provided under the Contract, Defect Liability Expiry Certificate shall beissued.
PACKING AND INSURANCEThe Contractor shall provide such packing of the Goods as is sufficient toprevent their damage or deterioration during storage / transit to their finaldestination as indicated in the Contract. Packing case size and weights shalltake into consideration, where appropriate, of the final destination and
withstand, without limitation, rough handling, exposure to extremetemperatures, salt and precipitation at all points in storage / transit. The
Contractor shall arrange and pay for the packing of the Goods to the place of
destination as specified in the Contract, and the cost thereof shall be
included in the Contract Price.
The Contractor shall provide such insurance of the Goods as is sufficient toprotect against their damage or deterioration during course of the project,
storage / transit to their final destination as indicated in the Contract. The
Contractor shall arrange and pay for the insurance of the Goods to the place
of destination and time, as required by the Client.
INDEMNIFICATION; LIilIITATION OF LIABILITY
Contractor's Indemnity
Contractor will defend, indemnify and hold harmless the Client and its
affiliates, and their respective directors, officers, employees and agents, from
and against any judgment, damage, liability, loss, cost or other expense'
including legal fees ("Liability"), arising out of or resulting from any third-
party claims made or proceedings brought against the Client to the extent
that the Liability arises from the following:
o The willful misconduct, recklessness, gross negligence or fraudulent
acrs or omissions of the contractor or its Affiliates, and their
respective directors, officers, employees and agents in connection with
the project; oro from the Contractor 's breach of any warranty set forth in clause 7
above.
Limitation of LiabilitY
The liability of Contractor with respect to any and all suits, actions, legal
proceedings, claims, demands, damages, costs and expenses arising out of
its performance or nonperformance of any obligations under this agreement,
whither based on contract, warranty, tort (including, without limitation,
negligence), strict liability, statutory or otherwise, will be limited to:
9.O.1 Direct, actual damages incurred as a result of the Contractor's failure
to perform its obligations as required by this agreement and will not exceed
in ihe aggregate a sum equal to the contract amount under this agreement'
g.g.2 Client shall not be liable to the Contactor or to any other person or
entity with respect to any subject matter of this agreement, for any:
. Incidental, special, consequential or indirect damages, or
8 .2
99.1
9.2
. Damages resulting from loss of sale, business, profits, opportunity orgoodwill, even if the remedies provided for in this agreement fail in
their essential purpose and even if either party has been advised ofthe possibility of any of the foregoing damages.
10 TERMINATION10,1 Termination for Default
10.1.1 If the Contractor fails in performance of any of the obligations, under the
Contract, or engages in any i1lega1 activities, the Client may, at any time,
without prejudice to any other right of action, remedy it by serving 14 days'
written notice to the Contractor, indicating the nature of the default(s) and
terminate the Contract, in whole or in part, without thereby releasing the
Contractor from any of his obligations or liabilities under the Contract, or
affecting the rights and authorities conferred on the Client by the Contract,
and may himself complete the Services or may employ any other contractor
to complete the Services. The Client or such other contractor may use, for
such completion, so much of the "Contractor Materials" as he or they may
think proper. Provided that the termination of Contract shall be resorted to
only if the Contractor does not cure its default(s), within the notice period (or
such longer period as the Client may allow in writing)'
10.1.2 The Client shall, as soon as may be practicable, after any such termination,
fix and determine, by reference to the Contractor or after such investigation
or enquiries as he may think fit to make or institute, certify:
i. what amount (if any) had, at the time of such termination, been
reasonably earned by or would reasonably accrue to the
contractor in respect of services till-then actually done by him
under the Contract, and
ii. the value of any of the said unused or partially used materials,
any Contractor's EquiPment.
10.1.3 If the Client terminates the Contract on default of the Contractor, in whole
or in part, the client may procure services, equal to those undelivered, and
the contractor shall be liible to the client for any excess costs for such
Services. However, the contractor shall continue performance of the
Contract to the extent not terminated. If the Client terminates the Contract
under this Clause, the Client shall not be liable to pay to the Contractor any
further amount in respect of the Contract until the expiration of the Defects
Liability period and thereafter until the costs of execution, completion and
remedying of any defects, damages for delay in completion and all other
"*p"rr"""-incurred by the client have been ascertained and the amount
thereof certified by thl Executive Committee and approted by the Client' The
Contractor shall ihen be entitled to receive only such sum (if any), as the
client may approve, would have been payable to him upon due completion
by him afier'deducting the said amount. If such amount exceeds the sum
which would have beeri payable to the Contractor on due completion by him'
then the contractor stratt, upon demand, pay to the client the amount of
such excess and it shall be deemed a de6t due by the Contractor to the
Employer and shall be recoverable accordingly'
, f i '
a \ l' - I
CJ
4t
10.2 Termination for InsolvencY
If the Contractor becomes bankrupt or otherwise insolvent, the Client may,
at any time, without prejudice to any other right of action / remedy, by
serving written notice to the Contractor, indicating the insolvency and
terminate the Contract, in whole or in part. Payment shall be finalized as per
clause 10.1 herein above.
10.3 Termination of Contract for Client's Convenience
The Client shall be entitled to terminate the Contract at any time for the
Client's convenience after giving 3O days prior notice to the Contractor. In
the event of such termination, the Contractor shall be paid by the Client,
insofar as such amounts or items have not already been covered by
payments on account made to the Contractor, for all Services executed prior
to the date of termination at the rates and prices provided in the Contract
and in addition:
(a) the amounts payable in respect of any preliminary items
referred to in the Financial Cost sheet/Price Table, so far as the
services comprised therein has been carried out or performed,
and a proper portion of any such items which have been
partially carried out or performed;
(b) the cost of materials, Equipment or goods reasonably ordered
for the services which have been delivered to the contractor or
of which the contractor is legally liable to accept delivery, such
materials, Equipment or goods becoming the property of the
Client upon such payments being made by him;
Any sums payable under this Sub-Clause shall, after due consultation
with the contractor, be determined by the Executive committee and
approved by the Client who shall notify the Contractor accordingly.
L0.4 Project Failure
10.4.1 project Failure is defined. as the inability of the Contractor to complete
the project as per the timelines agreed upon with and subject to any
amendment by the Project Executive committee as per clause 3'5' For the
purpose of this clause 10.4, Project Failure must be determined to be caused
solely due to lack of performance by the contractor in the specific tasks
listed in Schedule 5 (and not for an5r other cause on part of the Client or
failure of performance of any equipment or materials or goods procured or
otherwise provided by the Client for the purposes of said implementation)'
LO.4.2In the event of Project Failure, client may serve 14 days' notice (or
such longer period. as the client may deem appropriate) to the contractor to
cure the Project Failure. Inability of the contractor to cure the Project
Failure may lead the client to invoke clause 10' 1 stated above.
LI LIQUIDATED DAIVIAGES11.1 If the Contractor fails in performance of the contract or any phase/activity
thereof, the client may, without prejudice to any other right of action /
remedy it may have, deduct from the Invoice amount, as liquidated
damages, a sum of money as per following schedule:
42
. @o.25yo per day of the phase-wise contract value, for first 3O-days
. @2%o per day of the phase-wise contract value for, next one week after
expiry of first 3O-daYs. @3Vo per day of the phase-wise contract value for the following period
on which is attributable to such part of the Services / the Works as cannot,
in consequence of the failure / dblay, be put to the intended use, between
the scheduled delivery date(s), with any extension of time thereof granted by
the Client, and the actual delivery date(s). Provided that the amount so
deducted shall not exceed, in the aggregate, 10% of the total Contract Price.
For the purpose of this clause, the effective project schedule will be agreed
as per project plan deliverable referred in Schedule 2'
t2 PER}'ORMANCE SECURITYL2.L Issuance of Performance Security
The Contractor shall provide Performance Security to the Client in the
prescribed form. The said Security shall be furnished or caused to be
iurnished by the Contractor within 28 days after the receipt of the Letter of
Acceptance. The Performance Security shall be of an amount equal to 10% of
the Contract Price stated in the Letter of Acceptance'
Such Security shall, at the option of the Contractor, be in the form of either
(a) bank guarantee from any scheduled Bank in Pakistan or (b) bank
guarantee from a bank located outside Pakistan duly counter-guaranteed by
a Scheduled Bank in Pakistan or (c) an insurance company having atleast
AA rating on the NHA panel. The cost of complying with requirements of this
Sub-Clause shall be borne by the Contractor'
LZ.Z The performance Security is required to remain valid till the date of expiry of
support & maintenance period or futfillment of all obligations under the
contract, whichever is later. However, Performance Security shall be reduced
to the 10% of the annual maintenance & support period cost after issuance
of Defect Liability Expiry Certificate'
L2.3 The Performance security will be released by the client upon successful
completion of Support & Maintenance Period'
13 Encashment of Performance Security
If the Contractor fails in performance of the obligations under the Contract'
the client may, without prejudice to any other right of action / remedy it
may have, proceed for encashment of the Performance security.
T4 FORCE MAJEURE
I4.L For the purpose of this contract "Force Majeure" means an event which is
beyond the reasonable control of a' party and which makes a party's
performance of its obligations under the Contract impossible or so
impractical as to be considered impossible under the circumstances, and
includes, but is not limited to, war, Riots, storm, Flood or other industrial
actions.
43
L4.2
14.3
14.4
14.5
15
15,1
The Contractor shall not be liable for liquidated damages, forfeiture of itsPerformance Security, blacklisting for future tenders, termination fordefault, if and to the extent his failure / delay in performance /discharge ofobligations under the Contract is the result of an event of Force Majeure.
If a Force Majeure situation arises, The Contractor shall, by written notice
served on The Client, indicate such condition and the cause thereof. Unless
otherwise directed by The Client in writing, the Contractor shall continue toperform the Contract as far as is reasonably practical, and shall seek all
reasonable alternative means for performance not prevented by the Force
Majeure event.
Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or Agents or Employees, nor (ii)
any event which a diligent Party could reasonably have been expected to
both (A) take into account at the time of the conclusion of this Contract and
(B) avoid or overcome in the carrying out of its obligations.
Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
AMENDMENT OR VARIATION
This Contract may not be amended in any manner except in writing signed
by Client through duly authorized officers or representatives of each Party in
the form of amendment.
WAIVERSNeither failure nor delay on the part of either Party to exercise any right or
remedy provided by this contract or by law shall be construed or operate as
a waiver thereof nor shall any single or partial exercise of such right or
remedy preclude subsequent exercise of any right or remedy. A waiver of a
breach or default of this Contract does not constitute a waiver of any other
breach or default and shall not affect other terms of this running Contract'
15.2 The Client may, at any time, serve written notice on the Contractor for any
identified need/requirement to alter or amend the Contract in the light of
prevailing rules and regulations.
15.3 The Contractor shall, within ten workjng days of receipt of such notice,
submit a cost estimate and execution schedule of the proposed change if the
proposed change is extraordinary and not covered in the original scope of
work (hereinafter referred to as the Change), to the Client'
15.4 The Contractor shall not execute the Change until and unless the Client has
allowed the said Change, by written order served on the Contractor.
15.5 The Change, mutually agreed upon, shall constitute part of the obligations
under this Contract, and the provisions of the Contract shall apply to the
said Change.
15,6 No variation 6r modification in the Contract shall be made, except by written
amendment signed by both the client and the contractor.
1616.1
16.2 A waiver or a breach or default of this Contract will not prevent a Party fromsubsequently requiring compliance with the waived obligation(s).
16,3 Failure of either party to insist upon strict performance of the obligation(s) of
the other party, under the Contract, shall in no way be deemed or construedto affect in any way the right of that party to require such perforrnance.
L7 ASSIGNMENT / SUBCONTRACTI7.I The Contractor will not assign or sub-contract its obligations under the
Contract, in whole or in part, except with the Client's prior written consent
except if the entire issued share capital of the Contactor is acquired or
merged with a third Party. In such case, Contractor shall have the right to
assign this Contract in favour of such third Party'
L7.2 The Contractor shall guarantee that any and all assignees / sub-Contractors
of the Contractor shall, for performance of any part / whole of the work
under the contract, comply fully with the terms and conditions of the
Contract applicable to such part / whole of the work under the contract.
18 ENTIRE AGREEMENTS18.1 This Contract contains the whole agreement between the Parties in respect
of the subject matter of this Contract and supersedes and replaces any
prior written or oral agfeements, representations or understandings between
the parties relating to the subject matter. The recital and Schedule 1 to 6 of
this Contract shall be considered and deemed to be integral parts of this
Contract. The Parties confirm that they have not entered into this Contract
on the basis of any representation that is not expressly incorporated into
this Contract.
18.2 None of the Parties shall have any remedy in respect of any untrue
statement made to it upon which it may have relied in entering into this
Contract, and a Party's only remedy is for breach of contract'
Notwithstanding the foregoing, nothing in this Contract purports to exclude
liability for any fraudulent misrepresentation, statement or act.
1.9 NOTICES19.1 Any notice or other communication given under this Contract shall be in
*titing and shall be served by delivering it personally or sending it by pre-
paid recorded delivery or registered post or registered airmail or fax to the
address set out at the heading of running Contract (or as otherwise notified
by that PartY in writing).
tg.Z In proving such service it shall be sufficient to prove that the envelope
containing such notice was sent on the address of the relevant Party set out
at the heading of this Contract (or as otherwise notified by that Party under
this Contractf and delivered either to that address or into the custody of the
postal authorities as a pre-paid recorded delivery, registered post or airmail
letter, or that the notice was transmitted by fax to the fax number as
otherwise notified bY that PartY.
19.3 All notices, documents, communications and other data to be provided in
terms of this Contract shall be in the English language and to the addresses
set out at the heading of this Contract.
45
20 SEVERABILITY23.1 If any provision of running Contract is determined to be iilegal, void or
unenforceable by the Parties or any arbitrator / court or administrative bodyof competent jurisdiction, such determination shall not affect the otherprovisions of this Contract which shall remain in full force and effect.
2L CONTRACT LANGUAGEThe Contract and all documents relating to the Contract, exchanged betweenthe Contractor and the Client, shall be in English. The Contractor shall bearall costs of translation to English and all risks of the accuracy of suchtranslation thereof.
22 STATUTES AND REGULATIONZ2.I The Contract shall be governed by and interpreted in accordance with the
laws of Pakistan. The Contractor shall, in all matters arising in the
performance of the Contract, conform, in all respects, with the provisions of
all Central, Provincial and Local Laws, Statutes, Regulations and Bye-Laws
in force in Pakistan, and shall give all notices and pay all fees required to be
given or paid and shall keep the Client indemnified against all penalties and
liability of any kind for breach of any of the same.
22.2 The Arbitrator and Courts at Islamabad shall have the exclusive territorialjurisdiction in respect of any dispute or difference of any kind arising out of
or in connection with the Contract.
23 DISPUTE RESOLUTION23.L The Client and the Contractor shall make every effort to amicably resolve, by
direct informal negotiation, any disagreement or dispute arising between
them under or in connection with the Contract.
23.2 If, after thirty working days, from the commencement of such informal
negotiations, the Client and the Contractor are unable to amicably resolve a
Contract dispute, either party may require that the dispute be referred for
resolution initially by the 'adjudicator'i.e. Member (Engg-Coord) NHA and at
a later stage in the event of non-acceptance of the resolution, any party shall
have exclusive right for invoking arbitration proceedings under the Pakistan
Arbitration Act, 1940, by sole arbitrator selected in accordance with said
Law. The place for arbitration shall be Islamabad, Pakistan.
24 AUTHORIZED REPRESENTATIITE
2+.t The Client, or the Contractor may, at their exclusive discretion, appoint their
Authorized Representative in writing and may, from time to time, delegate
any I all of the duties / authority, vested in them, to their authorized
Representative(s), including but not limited to, signing on their behalf to
legally bind them, and may, at any time, revoke such delegation.
24.2 The Authorized Representative shall only carry out such duties and exercise
such authority as may be delegated to him, by the Client, or the Contractor.
24.3 Any such delegation or revocation shall be in writing and shall not take effect
until notified to the other party to the Contract'
46
24.4 Any decision, instruction or approval given by the Authorized Representative,
in accordance with such delegation, shall have the same effect as though it
had been given by the Principal.
24.5 Notwithstanding above clause, any failure of the Authorized Representative to
disapprove Services or Works shall not prejudice the right of the Client to
disapprove such Services or Works and to give instructions for the
rectification thereof.
24.6 If the Contractor questions any decision or instruction of the Authorized
Representative of the Client, the Contractor may refer the matter to the Client
who shall confirm, reverse or vary such decision or instruction.
25 Provisional SumEach Provisional sum shall only be used, in whole or in part(s), as
designated in the Financial Cost Sheet / Price Table (Annexure D), in
accordance with the Client's instructions and the Contract Price shall be
adjusted accordingly. For Provisional sum, the client may instruct:
a. Services to be executed by the Contractor; and/or
b. Services to be purchased/hired by the Contractor
The Contractor will only receive payment in respect of Provisional Sums if he
has been instructed by the Client to utilize such sums. The amount ofprovisional sum in the invoice shall be determined as under:
(i) the actual amounts paid (or due to be paid) by the Contractor, and
(ii) a sum for overhead charges and profit, calculated as a percentage
of these actual amounts by applying relevant percentage rate equal
to 8o/o.
(iii) no overhead charges & profit shall be paid to the C_ontractor on
account of Sales Tax (i.e. the amount kept as Provisional Sum in price
table).
The Contractor shall produce quotations and seek approval of the Client
prior to incurring expenditures out of the Provisional sum.
Further, the Contractor shall produce invoices, vouchers, accounts and
receipts while raising the invoice(s) for payment'
Payments to "securitli Audit Firm"
Security Audit Firm or Ethical Hacker mentioned in the Provisional Sum,
shall be nominated by the Client, and shall, in the execution of such
services, be deemed to be subcontractor(s) to the Contractor and is referred
to in this Contract as "nominated Subcontractor(s)"'
26 WORK PRODUCTS OWNERSHIP26.L The Work Products, Developments (described in clause 6'71and Deliverables
created by the Contractor in connection with the Services shall belong to
Client under the terms of this Contract.
26.2 For purposes of this agreemeni, a "Work Product" consists of all work
products created for Client in connection with the Services, regardless of the
form, including but not limited to: (i) reports, analysis, logos, source code,
and all (physical and electronic) related materials, papers, and documents,
47
and (ii) patentable or un-patentable ideas or discoveries made or conceivedby the Contractor as a result of performing the Services.
26.3 Client acknowledges and agrees that the Contractor has proprietarymethodologies, techniques and tools which are valuable assets of theContractor and which (together with all enhancements and modifications)shall remain the sole and exclusive property of the Contractor. With theexception of certain Contractor Materials incorporated into a Deliverable asdescribed under clause 6.7.
26.4 The Contractor and its employees providing the Services hereby assign, cedeand grant to the Client, its successors, assigns or nominees, all rights topossession of, and all rights, titles and interest, including all copyrights andthe right to prepare and exploit derivative works, in the Work Product, inwhatever form or medium captured. All Work Product shall be deemed to beworks made for hire exclusively for the Client, with the Client having sole
ownership of such products. However, any Work Product which is identilied
by the Contractor to be based upon any proprietary methodologr owned by
the Contractor shall be licensed to the Client under this Contract with an
irrevocable license.
27 CONTRACT COSTThe Contractor shall bear all costs / expenses associated with the
preparation of the Contract and the Client shall in no case be responsible /liable for those costs / expenses etc.
28 PRICE
The Contractor shall not charge prices for the equipment and services provided and
for other obligations discharged, under the Contract, varying from the prices
quoted by the Contractor in the Price Schedule or not agreed by the Client as per
this Contract.
29 PATENT RIGHTS AND RIGHTS TO THE CONTENT OF THE
PROGRAMThe Contractor shall indemnify and hold the Client harmless against all third party
claims of infringement of patent, trademark or industrial design rights arising from
use of the Service or any part thereof.
30 STANDARDSThe Services provided under this Contract shall conform to the industry standards.
31 SUPPORT AND MAINTENAIVCE
The Contractor shall be responsible for the continuous support and maintenance of
the entire system without disruption to either service or performance during the
contract period.
32 BLACKLISTINGIf the Contractor fails / delays in performance of the obligations, under the
Contract / violates the provisions of the Contract / commits breach of the terms
and conditions of the Contract or found to have engaged in corrupt or fraudulent
practices in competing for the award of contract or during the execution of the
contract, the Client may without prejudice to any other right of action / remedy it
48
may have, blacklist the Contractor, either indefinitely or for a stated period, forfuture tenders in public sector, as per provision of Procurement Rules.
33 CONTRACT DURATIONThe Contract duration will commence from the date of signing of ContractAgreement by both the parties. Contract duration is as under:
a. Time for completion for Development &Implementation of e-Bidding System
18 months i.e. 548 Davs
b. Support & Maintenance Period Two Years i.e. 730 Davs
*Warranty shall be 12 months as stated in the clause above.
Support & Maintenance for applications bug fixing and change request shall becarried throughout the contract period by the Contractor.
The Support & Maintenance Period may be extended up to a further period of 2years with mutual consent of the parties.
IN WITNESS WHEREOF the parties have caused this Contract to be executed in
accordance with the laws of Pakistan as of the day, month and year scribed at the
heading of the Contract.
Signature of the Contactor Signature of Client
(Seal) (Seal)
Signed, Sealed and Delivered in the presence of:
Witness: Witness:
(Name, Title and Address) (Name, Title and Address)
49
SCHEDULE-1:
DETAILS OF ANY SOFTWARE TO BE SUPPLIED
Specify the following:
50
SCHEDULE,-2:The following chapters will be included in the agreed and ftnaLized Project Plan inaccordance with Schedule 5:
a) Task, Time and Resource Schedulesb) The draft schedule provides complete phase wise activity break down
structure along with required resource assignments.c) The finalized Project Plan will be developed during initiation phase of the
Project. In this phase Client will review project dependencies, readinessfactors, and resource requirements that are important for heading asuccessful project execution and rollout.
The Contractor will submit to the Client, the Project Plan prepared in accordancewith the above guidelines, for approval. The approved Project Plan shall become anintegral part of the Contract, as Schedule 2. The Contractor will start furtherProject activities from the Effective Date or upon the date of Client's approval ofProject Plan, whichever date is later.
No. Phase Deliverable Contents
I Phase-I Project Plan Provides complete phase wiseactivity break down structure alongwith required resource assignments.
2 . Phase-l Project Governance Plan Provides details of ExecutiveCommittee, Communication Model,Team Structure & Roles, Issues,Risk Management and ChangeManagement etc.
All Phases Functional RequirementsDocument
Provides analysis & design ofworkflows and business processes ofE-Bidding System.
4 All Phases Functional SpecificationDocument
Provides complete functional detailsof E-Bidding System including usecase document, and interfacecontrol documents with externalsystems.
5 . All Phases Technica-l SpecificationDocument
Technical Specification for modulesof E-Bidding System
6 . All Phases ImplementationTest Plan document includingTest Cases
Detailed Test Plans before the startof User Acceptance Testing.
.7 All Phases TestingUAT Test Status RePorts andTrainings
Test Status Reports afterCompletion of System Tests
R, All Phases RolloutGo-live stratesy
Prerequisites of Go-live.
51
e-Bidd Svstem shall be deve the Contractor in four SCS.
Sr Phases Scope Timelines(Months)
1 Phase-I
11
As-Is & To-Be Analysis for developmentof all 04 phases of e-Bidding Systemshall be carried out by the Contractor.Initially, scope of the System shall coverprocurements carried out at NHA HQ byadopting Single Stage - TWo EnvelopeProcedure under PPRA rule 36(b) whichinclude the followings:a. Maintenance works (Pilot launch by
the end of 14tt'week of Phase-I)b. Contracts for Operation,
Management & Maintenance of TollPlazas, Weigh Stations, ServiceAreas, Police Fine Collection etc.
c. Purchase of goods, stores, plants &equipment.
d. Construction contractse. Consultancy ServicesDashboards shall be developed fortracking by management and procuringofficers.The system shall simultaneouslyimplemented in different sectionsNHA HO.
beof
o6
05 months fordevelopment & O1month for testing
& trainings.
2 Phase-II
i. Implementation of e-Bidding systemshall be extended to zortal, regional andany otJrer NHA designated offices.
ii. Access to the dashboards for above saidoffices shall be eiven.
O1 forimplementation,
testing &trainings.
3. Phase-III
Scope of e-Bidding System shall beenriched by incorporating the followings:i. A11 types of procurement methods
provided in PPRA rulesii. Development of Annual Procurement
Plansii. Auto generation of bidding documentsv. Automation of procurement processes
in Planning dtg, RAMD & otherrelevant sections in NHA HQ, zones,reqions and other designated offices.
o9
08 months fordevelopment & 01month for testing
& trainings.
4 . Phase-IV
i. Review & updating (if required) ofcomplete e-Bidding System.
ii. Software & Hardware maintenancetrainings at NHA HQ to designatedofficers & officials.
02
Total Duration 18 months
52
SCHEDULE.S:
PROJECT ORGANIZATION STRUCTURE
The organization structure mentioned below will be the typical structure for theapplication development services. The typical hierarchical structure within theContractor would be:
a) Senior Management Group: Project owners responsible for Project relateddecisions and involved in Project start reviews.
b) Project Manager- Contractor: Single point of contact of the Contractor onall matters and would convene various project meetings / Executivecommittee meetings.
c) Core Project Team: Consists of Project Development Team, the followingkey member of the Contractor team will be part of the project depending on
the project/component and requirement;o Program Manager. Project Manager. System AnalYsto Domain Experto Quality Assurance Manager. Technical Team Lead
SIGNOFF AUTHORITIES FOR CLIENT
The following individual are authorized by the Client to signoff the associated
deliverable documents.
No. Deliverable Signoff Authorities
I Project Governance Plan, RequirementsDocument and Analysis & DesignDocument (Functional SpecificationDocument and Technical DesignDocument).
Executive Committee
2 User Acceptance Testing Executive Committee
? Pilot Launch (Phase-wise) Executive Committee
4 Implementation (Phase-wise) Executive Committee
5 Maturitv Period Executive Committee
53
SCHEDULE,-42PAYMENT TABLE
Payments to Contractor shall be made as stated in annexure-DContract Conditions).
Lump-sum quoted rate against development & implementation shallContractor by the Client in phases as mentioned hereunder:
(in line with
be paid to the
Sr. Phases Percentage ofDevelopment quoted
amount {a)1 . Phase-I 3OVo2 . Phase-II L5o/o3 . Phase-III 4s%o4. Phase-IV lOo/o
Contractor shall be eligible for payments upon achieving following deliverables ineach phase:
*Phase initiation (As per phases): Project Governance Plan, RequirementsDocument and Analysis & Design Document (Functional Specification Document
and Technical Design Document).
Payment Procedure: Subsequent to signing off of the deliverables as schedule-3,the Contractor shall submit the invoice to Director (e-Procurement) for furtherprocessing and approval of Member (Planning).
Notes:
Milestones will be cleared as soon as the related deliverables arecompleted and signed off by the Client.
For each Deliverable, Client will have the time period given underClause 3.7.2 to accept or reject the Deliverable. When the Deliverableis accepted or deemed accepted, the Client will sign-off the Deliverablewithin 1 week of such acceptance.
For "Maturity Period", Contractor shall be responsible to incorporatechange requests, bug fixing and any new requirement by the Clientwithout any additional cost.
1 .
2,
3.
No. Description Percentage oftotal amount of
each phase
1 Phase Initiation* IOo/o
2 User Acceptance Testing 2oo/o
3 Pilot Launch 4Oo/o
4 Training & Implementation 2OYo5 Maturity Period (Three Months) IOo/o
Total LOOo/o
54
SCHEDULE.S:
Statement of Work (SOWI
1. Introduction
National Highway Authority (NHA) is custodian of about 19,000 km ofNational highways and Motorways across t-|e country. Being anexecution agency under Ministry of Communications, NHA is bound tofollow Rules/ Regulations and established protocols set by theGovernment of Pakistan.
Being a Government department, involved in road construction andasset management, huge amount of finances are involved in planning,design, execution and maintenance of the National highwayinfrastructure. Therefore, it is of prime importance that the utmostefficiency and transparency is ensured at every step of departmentalworking and tendering.
In order to enhance efficient working, prompt decision making and fasttrack the internal and external processes with further transparency,introduction of IT based solution in the Department is desired. In orderto achieve the concepts, services of software developmentfirm/companies are sought to offer a complete solution to be developedin modules and customized interfaces with existing NHA's software.Training and maintenance of the solution is also required.
The intended coverage of this RFP, and any agreement resulting out ofthis solicitation shall be for the use of all departments of National
Highway Authority within the territorial boundaries of Pakistan.
Objectives
The objective of TOR is to develop and implement e-BiddingSystem in phases. It will be a web based user friendly solutionand can work across multiple platforms like desktop PCs,android and iOS applications.
NHA Digital Procurement Portal shall be developed for performingend to end tendering processes (to be developed & implementedin phases) related to the procurement of Equipment, Materials,Works, O&M, Consultancy Services and goods/stores with thefunctionalities aligned with PPRA Rules.
The e-Bidding system shall be developed by the Contractor in five(05) phases which are detailed in scope of work.
55
Phasinge-Biddins System shall be the Contractor in four (04) phases.
Sr Phases Scope Timelines(Months)
1 . Phase-I 1 . As-Is & To-Be Analysis for development of all04 phases of e-Bidding System shall becarried out by the Contractor.Initially, scope of the System shall coverprocurements carried out at NHA HQ byadopting Single Stage - Two EnvelopeProcedure under PPRA rule 36(b) whichinclude the followings:a. Maintenance works (Pilot launch by the
end of 14fr week of Phase-I)b. Contracts for Operation, Management &
Maintenance of To11 Plazas, WeighStations, Service Areas, Police FineCollection etc.
c. Purchase of goods, stores, plants &equipment.
d. Construction contractse. Consultancy ServicesDashboards shall be developed for trackingby management and procuring officers.The system shall simultaneously beimplemented in different sections of NHA HQ.
o605 months
fordevelopment& O1 monthfor testing &
trainings.
2 Phase-II
i. Implementation of e-Bidding system shall beextended to zonal, regional and any otherNHA designated offices.
i. Access to t]'e dashboards for above saidoffices shall be siven.
01 forimplementation, testing& trainings.
3 . Phase-I I I
Scope of e-Bidding System shall be enriched byincorporating the followings :i. All types of procurement methods provided in
PPRA rulesii. Development of Annual Procurement Plansii. Auto generation of bidding documentsv. Automation of procurement processes in
Planning *itg, RAMD & other relevantsections in NHA HQ, zones, regions and otherdesisnated offices.
0908 months
fordevelopment& 01 monthfor testing &
trainings.
AT . Phase-
IVi. Review & updating (if required) of complete e-
Bidding System.ii. Software & Hardware maintenance trainings
at NHA HQ to designated officers & officials.
02
Total Duration 18 months
1fre pfr""ei and Statement of Work given hereunder catr be revisited by NHA
{{ffiAfter completion of "As-Is" & "To-Be" analysis or otherwise.
Phase-I ,
The Contractor shall do the "As-Is" and "To-Be" analysis for development ofe-Bidding System. In Phase-I, tJre Contractor shall develop the followingfunctionalities in the system:First of all, the users shall make user-accounts in the e-Bidding system. Theusers may have different categories i.e. contractor, consultant, supplier etc.
A. ftAs-Is" and ttTo-Be" AnalysisContractor shall carry out detailed analysis for development of e-Bidding System keeping in view all the modules of the systemdescribed in phase-Ill. This will serve as baseline for the wholedevelopment of the project. The Contractor shall submit the workflows and Proof of Concept for approval of NHA.
B. Development of user-account databaseThe Contractor shall develop provision of user-accounts database
in e-Bidding System having following features:i. The system shall have option for the user to choose the
relevant category as contractor, consultant, supplier as thecase may be. Depending on the category; the user can berequired to fill-in the details and attached scanneddocuments as given below:
Sr. RequirementCategory
Contractor Consultant Supplier
1 . Document regarding Company/firm'sresistration/ Incorporation under Lawi. Sole Proprietorii. Partnership deediii. Articles/ Memorandum ofAssociationiv. SECP Certificate
2 . Owner(s) Name
Copies of CNIC2 Document related to Registration with
Income Tax and Sale Tax DepartmentsA Document evidencing active tax payer
status with FBR or tax authoritY ofcountry of origin.
5 . Registration with PEC in relevantcategoryi. PEC Registration as constructor X X
ii. PEC Reeistration as operator x X
iii. PEC Resistration as consultant X
iv. PEC Registration as suPPlier X X x
Flow chart for making a new user-account
Go to NHA Website
Click e-Bidding portal
Basic info:Name, Owner,contact etc.
Registration/inco
rporation detail
Basic info:Name, Owner,contact etc.
Registration/incorporation detail
PEC asConsultant
Basic info:Name, Owner,contact etc.
Registration/incorporation detail
PEC as
Constructor
Tax Registration
Basic Information like company name, owner(s) name,addresses, emails, fax, contact numbers etc.
Written confirmation (Power of Attorney) authorizing aperson to make a user-account with E-Bidding System. (Tobe uploaded in tJre system and hard copy to be sent to NHAHQ)
Affidavit that tl:e statement is correct. Anv mis-informationcan lead to legal action.
Creation of Bidding Document (Single Stage - T\vo EnvelopefContractor shall develop system capable of creating bid documentsat this initial phase as stated below:
i. Uploading of advertisement on e-Bidding system.
ii. Uploading of Bid Documents comprising of ITB, DataSheet, General Conditions, Particular Conditions, Special
11.
111.
IV.
Notes for additional functionalities in svstem:
1 Must meet requirements for each category i.e. contractor,operator, supplier etc. shall be different and system shall havethe capability to incorporate changes where required.
2. The system shall be capable of entertaining electronic requestsfor making user-accounts in the E-Bidding system. Scanneddocuments as stated above shall be attached by the user inthe system The user shall send copies of documents to NHAfor verification. NHA shall have the right to approve theseuser-accounts.
3. The system shall have a two-step authentication procedure tokeep it secure and fool proof.
4 . System shall be capable of recording changes in user-accountdetails by Users with date & time stamp.
5. Checks will be applied to ensure one User is registered onlyonce in the system.
5. System shall reflect the statusduring the processes. In-Process,the submissions.
of user-account approvalApproved or Objection on
6 . Relevant dashboards for prospective bidders, NHA
management, committee members, etc.
7 . In addition to above, user-accounts for procuring officers sha-ll
also be made in the system with different system rotes as per
requirement.
59
Provisions (contractual), General/Particular Specificationsand Drawings etc.
iii. Technical and Financial Forms shall be developed in theSystem.
iv. NHA shall punch-in the required items/BoQ.
v. System shall have the option whether:
a. The Engineer's Estimate are punched-in by NHA or
b. The bidder himself fill-in the item rates.
vi. Uploading of minutes of pre-bid meeting, corrigendum &addendums to the bidding documents.
vii. System shall be capable of modifications in the publishedtechnical & financial forms and BOQs (if any) before bidsubmission.
viii. System shall notify such changes in the bidding documentsto the prospective bidders (email I text messages onregistered numbers) who intends to follow a specific bid.
D. Online Bid Preparation and SubmissionThe system shall have the features regarding bid preparation andsubmission by the bidders having user-accounts prior to thescheduled date/time for bid submission:
11.
111.
The bidders shall log-in to e-Bidding web-portal from theiruser-accounts and shallfill-in the technical & financialforms; hereinafter called "e-Bid".The bidders shall be allowed to attach scanned documents,where required in the specific bid.The bidder shall have the option to save their drafts in theSystem prior to submission of the bids.The bids shall be saved in the System with high-level ofencryptions in the System.System shall enable the bidder to take prints of filled-intechnical & financial e-Bids (Upon the final submission ofthe bid in the system) with watermarks & QR Code.
lV.
V.
E. Bid Opening/ Evaluation proceeds and AwardIn phase-I, capabilities of system to evaluate "single-stage, two-envelope" bids shall be as under:
The committee and bidders (who may choose to attend) shallassemble on the specified date, time and place for opening oftechnical e-Bids which will be opened after dueauthentication procedure.
60
vr.
ii. In phase-I, technical evaluation shall be done manually.However; checks in the system shall be developed forsimultaneous evaluation in the System.
iii. Technical Evaluation results shall be fed into the system.iv. Subsequent to Technical evaluation, notification of technical
evaluation results shall be notified to all tl.e bidders throughthe e-Bidding System.
v. The technically qualified bidders shall be notified forfinancial e-Bid opening date, time & place through thesvstem.Financial e-Bids of technically qualified bidders shall beopened through the system in the presence of committee andbidder's or their authorized representatives (who may chooseto attend) after due authentication procedure.e-Bidding system shall immediately evaluate the financialproposals as per criteria given in the bidding documents.After approval of evaluation results from appropriate forum,results of final evaluation shall be uploaded by the systemunder PPRA 35.Letter of Acceptance shall be issued electronically afternecessary approvals.
vll.
v111.
Notes:i. NHA shall be implementing above features of the system gradually
starting from Periodic Maintenance Works. System shall beextended to further t5rpes of procurements i.e. RoutineMaintenance, Emergency Maintenance and other procurementsrelated Operations, Management & Maintenance contracts.Procurement of goods like Vehicles, store, equipment, plants &machinery shall also be shifted to e-Bidding System.The Contactor shall deploy these systems and train the MasterTrainers at NHA HQ.Development of mobile applications (separate interface for vendors,NHA users and management with different roles) in Android andiOS platforms.This phase shall not include procurement of design-build,EPC/Turnkey & BOT projectsThe system shall be integrated with NHA's HRMIS, e-Billing andother svstems
t1 .
iii.
lv.
V.
vl.
Stage Weeks2 4 6 8 10 I2 L4 I6 18 20 22 24
As-Is andTo-Be Analysis ;$!;ili"ri
' ,itrilti :,:.:lti:t,'t:::j':':::'\'
Development of useraccount databaseCreation of biddingdocumentsOnline preparation &submission of bids , i i , . ,;i.ti
Pilot Launch forMaintenance works
;,1,t!1ffil11,1:.il't:iit4,t;;i 1,,
' , - l
Bid Opening &EvaluationDeployment &Trainins at NHA HO
t.'ili tli ,il
li lltll
Timelines for Phase'I
Note: In phase-I, pilot launch shall be done within a period of 3.5 months toinclude user-account database and bidding for maintenance works.
Phase-II
E-Bidding System shall be extended to cover the procurements in zones &
regions. The contractor shall may review the "As-Is & To-Be" analysis and do
necessary customizations to extend the scope of the e-Bidding System. The
user-accounts will be created for zonalfregional offices. Members of
designated Bid Opening & Evaluation Committees for regional offices shall
be added to the software (Duly integrated with NHA's HRMIS).
Authentication procedures shall be demonstrated to the Bid Opening &
Evaluation Committees.
The Contractor shall be responsible for arranging trainings for users at NHA
HQ and making video tutorials (English & Urdu Language) for all types of
users of the system along witJr FAQs. These video tutorials shall be
uploaded on e-Bidding portal. These tutorials shall be explained to
officers/officials of NHA's regional, zonal and other designated offices
through trainings to be conducted at NHA HQ.
List of offices include the followings:
i. Lahoreii. Multan
iii. Sukkuriv. Karachiv. Quetta
vi. Gawadarvii. Khluzdar
viii. Gilgitix. Abbotabadx. Kalar Kahar
xi. Burhanxii. Any-other as intimated by Client
Timelines for Phase-IIStage Weeks
I 2 3 4Review of existing analysis and development ofdashboards for resional / zonal officesDevelopment of VideoTutorialsTesting, Training & Deployment
63
Phase-III
In this phase comprehensive e-Bidding system shall be developed as given
in the modules below:
Module 1: Improvements in contractors/ consultants / suppliers databaseModule 2: Procurement PlanModule 3: Automation of preparation of Advertisement / Bid DocumentsModule 4: Automation of procurement processes in NHAModule 5: Online Bid (including Application for Prequalification) Preparationand SubmissionModule 6: Bid Opening/ Evaluation proceeds and Contract Award
The detailed description of the modules has been stated in the section
below.
Module 1:Improvements in contractors/ consultants / suppliers database
1. Development of contractors/ consultants/ suppliers complete andcomprehensive database for utllization in the evaluation of bidders'qualification.
2. Effort sha-lI be put in place to enable the E-Bidding software to doonline verification of submitted documents from issuingorganizattons (where possible). In this regard joint meeting withconsultant, NHA and issuing authorities shall be arranged so thatthis feature can be enabled avoiding manual verification hurdles.
3. User can make only one account in the E-Bidding system. Checkswill be applied to ensure one user is registered only once in thesystem.
4. The user-account information shall be extended to include thefollowing:
a. Certified audit reports for last three (3) years.
b. Pending litigation and No Blacklisting information.
c. List of Major Equipment & Related Items.
d. Past Perforrnancef Experience.
e. Qualification of Key Staff.
Module 2:Development of Procurement Plan
Contractor shall make provisions in the system for development of annualprocurement plans shall be developed for all the procurements to be carriedout in a year. Separate procurement plans can be included in tJle system for
64
different sections i.e. P&cA, Revenue, RAMD, Regional offices, stores &Computer equipment etc. The information shall include but not limited to:
. Tifle & description of procurement
. Quantity & Scope of Work
. Type of Procurement
. Procurement Categoryr Source ofFundsr Estimated Costsr Method of Procurementr Tentative schedules
*Sections will be given separate roles for adding the procurement plan inthe system. These procurement plans shall become the basis for mappingand tracking the progress of each section. This will be monitored throughonline dashboards by the management.
Module 3:Automation of preparation of Advertisement I Bid, Documents
' Separate template for Procurement Methods (with or without pe)o Single Stage - One Envelopeo Single Stage - Two Envelopeo Two Stage Biddingo Two Stage - Two Envelopeo Quotation / Limited Biddingo Direct Contracting
. The rules and checks shall be aligned with PPRA
. Bidding Documents Templates in line with PPRA and PEC
. Procurement Process Steps
. Procurement Items and Cost Relationships
. Procurement Items Catalogue
. Catalogue Items Specifrcations' Multiple Currency Bidding functionality for International Bidders
and donor agencies.
Notes for additional functionalities in svstem:
1 . The template documents for Goods, Lump-sum ConsultancyServices, Time Based Consultancy Services, EPC Works,Design Built Works, Revenue Collection (O&M), BOT/PPP, PQDocument, EOI Document etc. shall be added to the system.Further there shall be a provision for applying thequalification criteria as permissible by the PPRA rules whichinclude least cost or combined evaluation.
2. Evaluation criteria include but not limited to a combination ofgeneral & relevant experiences, key personnel, availableequipment, financial strength and other factors.
3. Tender documents related to Revenue collection can be a
monthly net guaranteed arrangement or service charges (fixed
I o/oasel basis.4 . Subsequent to pre-bid
meeting shall be issuedparties..
meeting, minutesto web as well as
of the pre-bidto the interested
5 . Bidding documents can be subjected to change. The system
shall enable such changes in the bidding documents and shall
publish these changes as addendums.
6 . A registered user can subscribe/follow a
for the pre-bid meeting, addendum, bid
shall be sent to such Parties.
specific tender. Alertssubmission date etc
7 . @tocols as per requirements of international
financial institutes.
Module 4:Automation of procurement processes in NHA
1. Automation and enablement of procurement processes in NHA carried
out by P&CA, Planning, Design, Revenue, Establishment sections as
well as regional offices for their prime activities and inter Wing
coordination,
In Planning section, the necessary steps required for projects
implementation from inception to maturity are, but not limited
to; project initiation source, source of funding, internal
processes till formulation of PC-I, approval of PC-I stages till
ECNEC / CDWP / NHA Executive Board. Issuance of
Authorization by Ministry of Planning Development & Reforms;
any covenants, issuance of Administrative approval by Ministry
of Communications and last but not least Technical sanctions
from the respective sections.
Procurement and contract administration (P&cA) section plays
a pivotal role in the procurement and award of services/works
contracts, besides other contractual matters. It follows PPRA
Rules and Regulations for carrying out the detailed tendering
process. Bidding documents are developed including technical
& financial bid evaluations. These evaluations are published to
NHA & PPRA website under the PPRA rules'
Further, the construction drawings/designs are done by
Contractors hired through P&CA. The design Contractors
operate under the administrative control of Design section.
Under activities defined in the respective scope, design
b.
c.
66
f.
submissions are made. Internal review of design submissions
are made with exchange of comments, till the final tender
drawings are developed.It is desired by the Authority that the current processes may be
transformed into electronic documentation. This includes but
not limited to e-document storage, e-Bidding system.NHA has scanned the P&CA record and developed a catalogued
based database in-house. It is required to dovetail the Planning
section record related to e-Bidding into the software with
necessary security and safety checks and accessibility with
permissible hierarchy protocol.
Integration with Finance and Admin wings (FMIS & HRMIS).
Dashboards for senior management, Reporting mechanism as
per hierarchy protocol and clearance will be part of the
proposed solution.
2. Tender Management, including governance and control/approval
protocols, process flow mapPinS, task management, approvals to
Delegation of Authority, os well as associated scheduling with
customizable notifications and alerts to stakeholders for various
procurement related activities throughout the process.
Module 5:Online Bid (inctuding Application for Prequalification) Preparation
and Submissiona. e-Bids shall be called online from the interested parties.
b. The documents including Instructions, conditions, criteria, data
sheets shall be available online.
Interested parties can view the documents and prepare his bid
by filling the document online. (Initially for a specified transition
period both e-bids and manual bids are required to be
submitted).The bid submission process can be long job which can involve
filling up several forms. The process shall facilitate bidder to
prepare his bid in multiple sessions. The bids shall be prepared
in separate sections e.g. bidder's eligibility, qualification,
technical bid and financial bid.
Technical & financial bids shall be encrypted into the system
and shall not be decrypted/ viewed before the specified bid
opening time.f. Mechanism for collection sale of document fee shall be
developed jointly with scheduled banks.
g. configures document forms where required with company 1ogo,
contact information and other details.
d.
e.
c.
d .
e .
h. The system shall be able to submit inquiries and responses rnaddition to encrypted electronic submissions of bids in responseto tender publication. The response may also containinformation regarding required securities and guarantees.
Tender shall be stored in e-procurement database in encryptedform and traceable by the autJr.orized person(s) after expiry ofsubmission deadline.
Module 6:Bid Opening/ E\nluation proceeds and Contract Award1. The system shall automatically generate the eligibility and evaluation
matrices in case of EOI or Prequalification of interested parties.
Moreover, after the decryption of submitted bids, whether or not theprequalification or short listing is done, the system shall be able to
evaluate the technical and financial proposal to the extent possible;
whereas, there shall be the option of manua-l entries for that part(s) of
technical evaluation that cannot be made automatically / through
electronics checks / algorithms.
Mechanism for verification of bid/performance securities (Pay
order/bank guarantee/ insurance bond) shall be developed jointly
with scheduled banks/insurance companies.Implementation of approval workflows for qualification, technical,
financial evaluation and approval from committee members as per
PPRA Rules.
Perform bid evaluation (qualification, technical and financial
comparison) for multiple suppliers as per PPRA Rules.
5. Analysis of bids with estimated costs and available historical data.
2.
3 .
4 .
6 . Prepare Bid Evaluation Report with input from the
committees (supported with two-step authentication) at
stages of the Tender in accordance to NHA requirements.
Advanced negotiation capabilities where allowed under PPRA
Integration with PEC & PPRA systems at the agreed touch points.
Publication of Evaluation reports on PPRA & NHA websites
Grievances Redressal Process (Complaint receiving, hearings,
proceeds of committee and final decision and notification)
Notification of Award
Contract Documents comPilation
Blacklisting & Debarring
respectivedifferent
rules.7 .
8 .
9 .
10 .
11.
12 .
13 .
Stage Months1 2 3 4 5 6 7 8 9
As-Is and To-Be Analvsis llil ,lllii1ra
Improvements in Contractors/consultants and suppliers databaseDevelopment of Procurement Plans
Auto preparation of Advertisement /Bid DocumentsAutomation of procurementprocesses in NHAOnline Bid Preparation andSubmission
:1 ' r ' i
Bid Opening/ Evaluation proceedsand Contract Award t!'i:.
Testing, Training & Deployment
Timelines for Phase-III
Phase-IV
Whole development of e-Bidding System shall be reviewed and necessary
trainings shall be given.
Enhancements:
1. The Contractor shall develop connections with schedule banks/Insurance
companies for verification of Bid & Performance Securities and payments
related to sale of PQ/bidding documents.
General Instructions:
i. The target users for this software would be NHA employees invarious sections, as well contractors and consultants in theirpremises.Dashboards shall be developed for management shall be developedfor all phases. Further, relevant dashboards for NHA management,committee members, etc shall also be developed'Blockchain and Distributed Ledger solution or better shall beimplemented on multiple nodes where required or as directed bythe Client.Based on the understanding and analysis, the Contractor will
submit the Proof of Concept Document (POC).After the approval of the POC other deliverables will needed to be
submit in accordance with the strict compliance of the timelines.Nothing can be deleted from the system and every amendment is
available with its log trail.
Training. The Contractor shall be responsible for arranging trainings for eight
nominated persons related to tools and technologr to be used by Contractor
in the project implementation in RWP/Islamabad.
. Contractor shall develop and update the video tutorials
Language for all the users of the e-Bidding System.
English & Urdu
. Contractor shall also develop FAQs for users of the System.
' The Contractor shall be responsible for arranging trainings for users at
client's Head office for the deveioped modules during the project
implementation.
. Support and Change Management for contractors/consultants/vendors with
regards to on boarding, Training, Refreshers to effectively participate in the
NHA Tenders.
. Training and Change Management support for End users and System
Administrators and provide relevant training material and configuration
documentation.
11.
111.
lV.
vl.
CONTRACT ASSUMPTIONS
Contractor's contract is based on the following assumptions:
General Assumptions. All deliverables will be developed in the English language only.. All communication, meetings, training, and documentations during theimplementation are assumed to be in English.. Project activities will be performed at Client'sand at Contractor development centers by offsite
premises by on-site resources
between onsite and offsite resourcing will beunderstanding.
resources. The resource splitmanaged through mutual
. Contractor shall provide sufficient resources during the maturity period.
. Client will ensure a project office room is available and organized and canaccommodate on-site resources deployed by Contractor. Contractor will ensurea project office room is available and organized for the Client representative forbetter coordination' Client will allow access to buildings, officeContractor staff during working hours.. Client work areas provided for the Contractor team will include normalspeed Internet connections. The Contractor may afiange 4G devices if required.. Information required by the team from organizations or individuals withinClient will be provided in a timely manner consistent with the project plan'. Contractor will assign personnel of appropriate qualifications to fulfill its
contractual obligations. If, for any reason, an individual is no longer available,Contractor will use all reasonable efforts to replace such individual promptly by
another person of equal competence. Contractor will, however, use reasonableefforts to minimize changes in personnel to discharge its obligations.. It is assumed the most of the development & implementation will take place
in Islamabad, Pakistan. However, training shall be required to be conducted at
NHA regional and zonal offices throughout Pakistan. No TA/DA or any type of
other expenses shall be paid by the Client for such visits.
Methodology AssumPtionsThe Contractor's Implementation Methodologr details specific templates and
artifacts across the entire implementation process. Some of these artifacts include:
1,. Project Plan2. Project Governance Plan
Requirements Specification DocumentFunctional Specifi cation Document
and work areas for
deliverables and artifacts. Ifthis will not be treated as a
J .
4.5. Technical Design Document6. Test Plan Document
The Contractor's templates will be utilized for these
Client requires any major modification to the template,
Change Request.
Resources AssumPtions. Client will provide resources to assist Contractor in understanding all the
existing Client systems to the extent this is required in the project'. Contractor resources will be given access to the necessary development andtest environments as per timing to be outlined in the project work products.
. Client resources will be made available for interviews, meetings, workshopsand consultation as necessary in agreement with Client Project Team.
Project Structure and Processes Assumptions' Project decisions will not be revisited, re-evaluated or changed after the
direction has been determined.. The project Executive Committee will be operational at the commencement of
the project, and will have the ability to resolve project issues that are escalatedfrom the project team.
. Executive Committee meetings will be conducted at least once in a month.
Project Scope Assumptions. Client at the start of the project will provide accurate and currentdocumentation of Client's information systems, including platforms,
applications, details of existing interfaces, and physical architecture. Templatewill be provided by Contractor.. All requirements gathering and training will be conducted at Client oflices or
the place as agreed. Client will be responsible for ensuring that the necessary
staff is available for meeting at these locations and that necessary
infrastructure is available for conducting the training.. Contractor will be responsible for making changes to the existing Client
systems which may need modification for integrating any of these systems with
the E-Bidding System.. Any end-user hardware/network upgrades required by the project will be
completed prior to the related go-live and will be the responsibility of Client.
Howlver, the Contractor shall suggest/recommend if such
replacements/upgrades are required.. Technical tr;inings include; routine application administration. Any training
beyond above this scope will not be charged to Client separately. At the end of project there should be a domain transfer to technical team of
Client. It shall inctuae a technical training on tools as well as transfer of domain
knowledge of source code I E-Bidding System solution. It will be a detailed
knowledge transfer sessions and duration of domain transfer sessions will be
decided mutually.. Contractor to ensure that a dedicated core team, consisting of Managers and
Core Development Team are available at all times during the development &
implementation.
Development AssumPtions. tnteiligent Algorithms to extract data and analyze for various reports. Some
reports m-ay alsolontain graphical charts; whereas, export feature must be enabled
in all reports.. The Contractor willagencies shall be madeproposed for this.. The Contractor will
ensure that user-account for procuring and non-procuringsecure & innovative techniques for authentication shall be
be responsible to integrate E-Bidding System with existing
NHA systems.. Access to system will be configured using role-based design.
72
Changes in Project DurationThe following events may trigger a change in project duration with associated
changes in Time required to complete the project. (In all cases, such changes in
Time willbe mutually agreed upon between the Client and the Contractor).
. In event of the UAT being prolonged beyond the planned time period due toproduct issues, Contractor may request an extension in the project duration.. Any delay in hardware, software delivery and installation due to non-availabilityof Data Center or required resources.. Non-Readiness of Data for Live conversion.. Non-adherence of timelines given in the project plan.
Specifications for Development of E-Bidding System
As given in Annex-A.
SCHEDULE-6:
SUPPORT SERVICES
Supported Applications and Equipment
. E-Bidding System and related hardware component
Classification of Issues
. Queries: These are requests for advice on the correct usage of the applicationcovered in the scope. These can be resolved without any change to the
application(s). Queries should be handled at Level 1 support.. Implementation Issues: Any issue arises due to defects in the software as
defined in the Functional Specification Document.. Solution Defect: These are reported when the application or application
modules listed in Schedule 1 do not function as per the functionality described
in the Functional Requirements Document.. Operational Issues: These are issues which may arise from the normal
operation of such systems (e.g. Daily backups, operational maintenance of
hardware and systems including database, application servers, operating
systems etc.)o Enhancements: These are the alterations or enhancements in the functionality
of the application (s).
Support Process
Level 1:
o Contractor shall provide Level L resource (Refer to Annexure-D) at NHA's HQ
who will be responsible to give Level 1 support to system users. This team will
be fully traine& by contractor in functional and technical areas to provide
relevant Level 1 support. The team can be sent to relevant to regional office as &
when required.o All users will report issues to Level I support team or support help desk.
o All efforts shall be made by Level 1 team to analyze and resolve the issue. This
will be done through guidance ovef phone, email or any other communication
and may also include logging the issue into the Issue Tracking System (Issue
Trackeriprovided by Contiacior ( i.e. nTestTrack" or any other similar service) to
reproduc-e and. anaiyze the Issue, perform First Level Analysis (FLA) and offer a
solution.. After Analysis, if issues are identified as Solution Defect or Implementation
Issue tfrey witt Ue forwarded to Contractor via Issue Tracker' Emails or
telephone calls may also be used to propagate the issue to Level 2 support'
o While escalating to Level 2, all steps taken to reproduce the issue will be clearly
specified in Issue Tracker request.. Any analytical data related to an issue will be provided through Issue Tracker
and alternate means will be avoided.
Level 2:
. Level 2 support is provided by Contractor from its work place to support
Implementaiion Deflct, Solution Defect Issues only, collectively termed,,supported Issues". Any other issue will also be supported by the contractor'
such as Queries or Enhancements.
74
a
o
Each supported issue will be assigned to appropriate resources within Level 2pool of resources.Level2 support team will review all Supported Issues and perform Level 2 FLA.Based on the First Level Analysis (FLA), Level 2 support team will provide fixeslocally as appropriate or will provide clarification if there is any understandingissue in the application functionality.If required, issues will be reproduced in a test environment and any and allprogress logged into Issue Tracker with complete details.
75
ANNEXUR.E-A:Specifications for Development of E-Biddine System
User Characteristics:
There will be multiple users and number of stakeholders of the system includinggeneral public & vendors through online portals, NHA management & employees,etc. Each type of users will have their specific role and privileges to the system toperform some particular functions and actions. The Contractor will be required togive a complete list of the users of the system along with their roles andresponsibilities after detailed analysis. The proposed system should be based on
centralized environment with capabilities of handling at least S'OOO or more users
concurrently.
Design and Implementation Constraints:
This section will highlight design and implementation constraints that can be
encountered during the development of software applications under the project.
The Contractor shall resolve and provide the solutions accordingly.
Software Constraints:
. System should support all the major web browsers e.g. Google Chrome,Firefox, Internet Explorer etc.
o Contractor shall study all the business processes and BPR activity to beperformed prior to development of modules of E-Bidding System (A report
of such activity previously done shall be shared for reference only). The
BPR activity shall include but not limited to the following:. Study of current systems used for procurements in different sections
of NHA' Study and map the existing'manual process involved.. Identify the key processes for re-engineering. Design of the re-engineered processes for improving the efficiency of
the procurement process and prevent the information leakage.. Identify the needs and requirement of the interfacing with all
stakeholders.. Identify the MIS requirements of the stakeholders.. Assist the NHA in identification of regulatory/statutory changes and
guide the BOR in drafting the changes in the existing Laws and Rules.. prepare the Solution Architecture Report based on the re-engineered
processes.. Identify workfl.ows and prepare Functional Requirement for new
modules of E-Bidding SYstem.. Prepare the Software Requirements Specification (SRS) and Technical
Design (TD) documents for the Re-engineered processes'. Conduct Training Need Assessment (TNA) for the Change in Business
Processes.. Prepare a Change Management and communication strategies.. suggest hardware / computing requirements sufficient enough to
nanate the needs of the designed entire E-Bidding System in a fault
tolerance manner.. suggest hardware for client machines with minimum set of
specifications to be used.. Information security requirements'
...--!a-:,,. , ..,
',.,i7rll. -::
I : ,.,,- :
l : : r iii.: iC
7 6
The application should be web-enabled developed in a centralizedarchitecture with large number of concurrent users handling.The necessary inputs and the possible outputs that could be generatedfrom the system should strictly conform to the Intbrnational Standard forsimilar projects.The design should follow UML standards and should be documented atevery stage.complete Technical documentation of modules that will be integratedwith existing NHA's systems i.e. HRMIS, FMIS, PMIS, E-Billing witt uerequired.
o Developed application should be upgradeable, configurable and easilymaintainable.Developed application should be tested in alldeployment on the production.
aspects before its
The application should be able to integrate with other relatedapplications where required.The software applications in the project shall have capability to replicatethe data on a specified schedule or on an as-needed basis.A proper audit trail must be built within the proposed system.
Hardware Constraints:
The developed software applications in the project shall be designed to interoperateefficiently and required hardware shall be suggested by the Contractor keeping inview the final design of the modules of E-Bidding System.
Security:
The software must have standard security features inbuilt so that the software hasall the checks and balances to ensure integrity of data and the software does nothave any flaws or bugs which inadvertently or by design, permit the users totamper, alter or modify any data. The Contractor should ensure the confidentiality,integrity and availability of data. At the same time, the Contractor should ensurethat the system is not vulnerable to threats such as unauthorized modification/alteration, repudiation of origin, denial of receipt, delay and denial of service.
The software should provide highest degree of security in the architecture. TheContractor must su$gest a suitable security components required in software.Overall the Application must conform the security features as prescribed inSecurity Standard ISO 27OO1: Information Security Management System(rsMslGiven the sensitivity of the information managed by the new and existing featuresof E-Bidding System, the design of the project must play special attention to thesecurity features of the software applications under the project. The successfulContractor shall engage a Software Security Audit firm to ensure development ofcomplete secured web-based E-Bidding System minimizing the risks of securityhazards. Client shall arrange a 3rd party audit once the software is completelydeveloped.
However, the proposed architecture of software applications in the project mustaddress the following security considerations:
o Authentication: There will be role based authentication and can beimplemented at each leve1 for different stakeholders where it is required. There
' 2 i . . , ;
77
must be different levels of security and privileges according to the use,department and authority of a user.
Online Security Certificates: For highly sensitive information, for instanceright of modifying an existing entry over the Intranet / Internet, the systemprovision for the use of Intranet / Internet securit5r certificates in web browsersmust be explored.
Encryption: In order to protect sensitive data on the network, the system mustuse encrypted connections for all network traffic.
Integrity: The system must include mechanisms for ensuring integrity ofsensitive data by digital checksums and digital fingerprinting.
Persistent Versioning: The system must be designed toand retrievable versions of all data entered in the system.Ability of the system to detect any manual tampering of thesomeone with systems level access.
o Ability of the system to detect and block any unauthoized machine from gettingon the network.
o Ability of the system security supervisor to block any user, machine on thesystem. Or to approve the registration of a new machine or user at one levelbelow.
r Ability of the system to detect any tampering with log files.o Security Protocols should clearly be mentioned in the User Manual.o Logging of all activities in database with complete audit trails & timestamp etc.
Due to the critical nature of data the system should provide:
Data Security
As the data is highly classified field level encryption may be provided, ifdeems appropriate, in the database for storage as well as in thecommunication.
Data Inteerity
The software application in the project must ensure persistence of recordsand log updates to track changes in the system; the system must ensurethat no record is ever deleted, while changes to the database must always betraced back to an authorized person.
Due to the critical nature of data, secure online transactions are required;the digital signature mechanism (or any other securit5r mechanism forsecure online communication) for the secure communication and making thetransactions etc.
o Data Authenticity
Once the data has been entered, no one can modify the original entry; digitalchecksum or message digest mechanism or other appropriate for thepurpose should be used for data authentication.
Customization:
Since the operational users can increase therefore expansion of the systems shouldbe seamless. The System should be flexible and modular, changeable as per
maintain persistent
data at DB level by
requirements since software used in the project shall be operational in completeorganization. The software used in software applications in this system shall beoperated in English language. The report formats will be provided during theanalysis phase of software used in the project. The, customized updates patches ofthe product can be integrated in the system during the maintenance phase.
Perfotmance:
Response time for this application is critical as it deals with highly sensitive andimportant information regardless of the number and type of concurrent users onfull load of the system.
The areas where response time is critical are given below:
. Bid Submission and Opening process
. Reporting Process
. Applicationprocessing
. Communication (Data Ttansfer)o Querj Processingo Form saving. Retrieval of scanned datao Seamless performance on full load with maximum number of users logged on
simultaneouslv
Deliverables
Following are the deliverables to be provided by the successful Contractor:
Business Process Re-Engineering (BPRI, Enhancement / development ofE-Biddine System .
. Proof of Concept Document (POC)r Methodologr / Project Plan for design and implementation. Functional Requirement document that shall cover all new modules
and users.o sRS / Story boards of all the business process after BPR activityo Prototype of business process after BPR activity in demonstration
mock environment with the entire domain related verification todone as per actual scenario
o Functional Specification (ER data dictionary, coding
convention)Source CodeDetailed Test Plan and Detailed Test Cases before the start of System
Test PhaseUAT at user siteDeployment manual, Installation manual, user manual
software package comprising of the software, source code, object
Code, User Manual, Technical Manual, Installation Instructions and
other documents or files to the Cliento Training to all stakeholders as per requirement along with requisite
manuals
Maintenance and support for applications, bug fixing, change request, all
operations and coding related function at least till specified date.
Statement / Scope of Work
1nbe
a
a
a
o
a
As given in Schedule-S
ANNEXURE-B
Technical Bid Submission Form
To:
Date:Bid Reference No: 6(482-D)
(Title of Bid)
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents,in'cluding Addenda issued in accordance with Instmctions to Bidders;"
(bl We offer to execute and complete in conformity with the Bidding Documentsfoi: Development & Implementation of e-Bidding System;
(c) Our Bid consistins of the Technical Bid and the Price Bid shall be valid for aberiod of ......... davs lfom the date fixed for the bid submission deadline inlccordance with theBiddins Documents, and it shall remain binding upon us andmay be accepted at any timd before the expiration of that period;
(d) As securitv for due performance of the undertakings and obligations of ourbid, we submit
-here witli a Bid security, in the amotint specifieA in Bidding
Doiument, which is valid (at least) 30 days beyond validity of Bitl itself;
(e) We are not participatins, as a Bidder or as a Subcontractor, in more thanone Bid in this bidding prbcessl
(fl We asree to permit Client or its representative to inspect our accounts andi6cords and other
'documents relating to the bid submission and to have them
audited bv auditors. This permission i5 extended for verification of any informationproviaea in our Technical Bid which comprises all documents enclosed herewith inhccordance with Bidding Documents.
lln case of JV. another parasraph (e) shall be added, to read as follows:Aii partners 6f our JV shaifl it dll times and uniler all circumstances be liablelolnttv ind- severallv for the execution of the Contract in accordance with the"Contiact terms.l
NameIn the capacitv ofSigned
Duly authonzed to sign the Bid for and on behalf ofDateAddress.. . .
80
ANNEXURE-C
Financial Bid Submission Form {Part of Financial Bid Envelope)
Bid Reference No: 6(482-Dl' (Title'of Bid)
We, the undersigned, declare that:
(al We have examined and have no reservations to the Bidding Documents,in'cluding Addenda issued in accordance with Instructions to Bidders;-
(b) The total price of our Bid, is:
To:
(c) Our Bid shall be valid for a period of ........ days from the date fixed for thebid submission deadline in accordance with the Bidding Documents, and it shallremain binding upon us and may be accepted at any time before the expiration ofthat period;
-
(d) If our Bid is accepted, we commit to obtain a performance security inaicordance with the Bidding Documents;
(e) We understand that this Bid, together with vour written acceptance thereofincluded in vour notification of awaid, Shall constitute a binding Contract betweenus. until a f5rmal Contract is prepared and executed and we do hereby declare thatth6 Bid is made without any bollusion, comparison of figures or arrahgement withany other Bidder for the Services;
(fl We understand that you are not bound to accept the lowest evaluated Bid orb.hy other Bid that you may receive;
{s) We asree to permit Client or its representative to inspect our accounts andiEcords and other
'documents relating td the Bid submission and to h4ve them
auaiteA bv auditors. This permission iE extended for verification of any lnformationrjio"ia"a itr-ouiTechnicalBid which comprises all documents enclosed herewith inb"ccordance with the Bidding Document.
lln case of JV. another parasraph (h) shall be added, , to read as follows:[ii ;art"erl of oui ;V shalf At dtt'times and unddr all circumstances be liablej;inily ind severally for the execution of the Contract in accordance with theContiact terms.l
NameIn the capacitv ofSisnedDrfly authorized to sign the Bid for and on behalf ofDati:Address.. . .
ANNEXURE-DForm 1 of3
Financial Cost Sheet / Price TableThe table is to be read in conjunction with the notes written below and Section 6mentioning the Scope.
TOTAL BID AMOIUNT (In wordsf: Rs.
Notes to the Price Table:l4q * tn" btut Bid. Price uthich shnll determine the lowest bid.
4 n'Le bids shaU be prepared on the units giuen in Table aboue'i1 eog^.nt againit itl aboae mentioned settlces wlll onlg be made as per
pagment table as referred in Schedule-IV.*Clon{ractor shall giue breakup of ttrc costs giuen at sr. (1) in terms of resources in
sample form as giuen at Form 3 of 3.
In the capacity of
Duly authonzedby
Signature of authorized Person
Name & Official Seal:
Date _- Place
Note: No cutting or overwriting is allowed. Any cutting or overwriting may
lead to non-responsiveness of the financial bid'
Sr. Description Unit Qtv QuotedRate (Rs.l
Quoted Amount (Rsf
* 1 . Development &Implementation(04 Phases)
L .S. I
2 . Supply, Installation &Commissioning of ITEquipment, Web/dataHosting Services, Servicesof ethical Hacker/SecurityAudit, etc.
Provisional Sum 70,000,000/-
.). Perpetual Licensing cost(Refer to Contract Clause6.7 &,261
L.S. 1
4 . Support Cost Level-I Month
42 Broughtfrom
Form-2,Annex-D
5 . Support Costs Level-II Month
24
6 . Sub-total (A) =(1)+(2)+(3)+(4)+(5)
7 . Sales Tau..@ L6o/o of (A) which shall be kept asProvisional Sum in Contract
8 . Total {Bf = (6)+(7)
82
Form 2 of 3
Detail of Support CostsLevel-I Support Costs (Development Period + Support & Maintenance Period)The Contractor shall provide following support staff at NHA HQ for this specificproject throughout the project duration. The staff shall be hired with the approvalsfrom NHA.
Support at NHA
Total cost shall be carried over to Payment table Sr. l(al' Form 1, Annex-D
Notes:The implementation will be responsibility of the Contractor covered underthe financial bid at Sr. 1 of Price Table, Form 1 of Annexure-D.The level-I support staff shall be deployed at the direction of NHA and thesalaries of such staff shall be paid from the date of their joining.
These costs shall be paid to the Contractor on monthly basis.The Contractor shall submit proof of salary disbursements along-withinvoice.Biometric device shall be installed at NHA HQ for attendance of staff.The salary of the above staff shall be increased at the rate of 107o annually.Travelling & Daily Allowance for level-I staffs visits (out of station) shall be
charged to Provisional Sum. Daily allowance of the staff shall be as under:Rs. 6000/Manager IT Support
Asst. ManagersData Analyst
Rs. 5000/-Rs. 5000/-
Sr. StaffRequirementat NHA HQ
Quallfication Experience(years)
PayableSalarylRs.l
Billing rate inclOver heads
1 Manager ITSunport
BS (cs)MS (CS)
0503
80,000Rs.
2 . Asst. ManagerIT Support - I
BS (cs) o2 60,000Rs.
3 . Asst. ManagerIT Support - II
BS (cs) o2 60,000Rs.
4 . Asst. ManagerNetwork - IV
BS (CS) o2 50,000Rs.
5. Data Manager -
I(Procurement)
BSc(Engineering)
o2 60,000Rs.
6 . Data Manager -
II(Procurement)
BSc(Engineering)
40,o00Rs.-
7 . QS/DataAnalyst
BSc
/Diploma
03 50,000Rs.
Total Monthly Salary (Al Rs.
' \::;1",
Form 3 of 3
Sample form for detail of Resources to be de Ioved
Sr. Equipment Details / Specs Costs1 .
2 .
J .
Sr. Other Costs/Overheads Details Costs1 .
2 .
J .
Other Cost
Disclaimer: Contractor shall not refer to these costs during the execution of
the Contract
ANNEXURE-E
Format for Covering Letter
To(Name and address of Client)
Sub:
Dear Sir,
Having examined the Bidding Document and Appendixes we, the
undersigned, in conformity with the said document, offer to provide the said
items / Services on terms of reference to be signed upon the award of
contract for the sum indicated as per financial bid.
We undertake, if our Bid is accepted, to provide the items/services comprise
in the contract within time frame specified, starting from the date of receipt
of notification of award from the client Department / Office.
We agree to abide by this Bid for the period of - days (as per requirement
of the project) from the date of bid opening and it shall remain binding upon
us and may be accepted at any time before the expiration of that period.
We agree to execute a contract in the form to be communicated by the
-(insert name of the Client)-, incorporating all agreements with such
alterations or additions thereto as may be necessary to adapt such
agreement to the circumstances of the standard.
e) Unless and until a formal agreement is prepared and executed this Bid
together with your written acceptance thereof shall constitute a binding
contract agreement.
We understand that you are not bound to accept a lowest or any bid you
may receive, not to give any reason for rejection of any bid and that you will
not defray any expenses incurred by us in biding.
Authorized Signatures with Official
a)
b)
c)
dl
Seal
al
b)
ANNEXURE-F
INSTRUCTION FOR PREPARATION OF POWER OF ATTORNEY
To be executed by an authorized representative of the contractor.
The mode of execution of the Power of Attorney should be in accordance with
the procedure, if any, laid down by the applicable law and the charter
documents of the executants and when it is so required the same should be
under common seal affixed in accordance with the required procedure.
Also, wherever required, the Contractor should submit for verification the
extract of the charter documents and documents such as a resolution/power of
attorney in favor of the Person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Contractor'
In case the Application is signed by an authorized Director f Parlner ot
Proprietor of the Applicant, a certified copy of the appropriate resolution /
document conveying such authority may be enclosed in lieu of the Power of
Attorney.
c)
dl
' - - . - '1 ; . : - .
"':.- '1v.n
t z L
..1.--.\
.r/ L- /
86
Format of Power-of-Attorney
POWER OF ATTORNEY
(On Stamp Paper of relevant value)
Know all men by these presents, we (name of the company and address of theregistered office) do hereby appoint and authortze Mr. (full name and residentialaddress) who is presently employed with us and holding the position of as ourattorney, to do in our name and on our behalf, all such acts, deeds and thingsnecessary in connection with or incidental to our Bid for "DEVELOPMENT &IMPLEMENTATION OF E-BIDDING SYSTEM" in response to the Bids invited by the"National Highway Authority" including signing and submission of all documents
and providing information/responses to "National Highway Authority" in all matters
in connection with our Bid.
We hereby agree to ratify all acts, deeds and things lawfully done by our saidattorney pursuant to this Power of Attorney and that all acts, deeds and thingsdone by our aforesaid attorney shall and shall always be deemed to have been doneby us.
Dated this _ day of
For
(Signature)
(Name, Designation and Address)
Accepted
(Signature)
(Name, Title and Address of the Attorney)
Date:
ANNEXURE-G
UNDERTAKINq
It is certified that the information furnished here in and as per the document
submitted is true and. correct and nothing has been concealed or tampered with.
We have gone through all the conditions of the bidding document and are liable to
any punitive action for furnishing false information / documents.
Dated this - day of 20_
Signature
(Company Seal)
In the capacity of
Duly authonzed, to sign bids for and on behalf of:
r:"'9,.
88
ANNEXURE-H
(INTEGRITY PACT)
DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.PAYABLE BY THE SUPPLIERS OF GOODS, SERVICES & IVORKS IN
CONTRACTS WORTH RS. 1O.OO MILLION OR MORE
Contract No. 6(a82-D)Contract Value: (toDated:ContTACt TitlE. DEVELOPMENT & IMPLEMENTATION OF E-BIDDING SYSTEM
.... [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
rgr"" 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, d.irector, promoter, shareholder, sponsor or subsidiary, arry
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 faise 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.
89
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 onaccount of its corrupt business practices and further pay compensation to GoP inan amount equivalent to ten time the sum of any commission, gratification, bribe,finder's fee or kickback grven by [name of Supplier] as aforesaid for the purpose ofobtaining or inducing the procurement of any contract, right, interest, privilege orother obligation or benefit in whatsoever form from GoP.
Name of Buver: Name of Seller/ Supplier:
Signature:Signature:
ISeal] ISeal]
Note: The term "Buyer" means "Client" and the term "Seller / Supplier"means "Bidder / Contractor". The bidder must fillin its name, whereverrequired, while filling other blanks and submit it with its Technical Bid aftersigning by the authorized person and affixing its seal to make the bidresponsive.
90
ANNEXURE.I
WHEREAS [Name and AddressContractor") has agreed to supply
PERI.ORMANCE SECURITYIssuing Authority:Date oflssuance:Date of Expiry:
of the Contractor] (hereinafter cal1ed "thethe Goods and render the Services against
Tender Name. -, Tender No.(hereinafter called "the Contract") for the Contract Value of PKR (in figures
) (in words ) .
AND WHEREAS it has been stipulated in the Bidding Document that the
successful Contractor shall furnish Performance Security, within twenty eight (28)
days of the receipt of the Acceptance Letter (Letter of Acceptance) from the Client,
in the form of a Bank Guarantee, issued by a scheduled bank operating in
Pakistan, as per this format, for a sum equivalent to Rs.
of the contract value) valid from the date of issue until( rc%
all obligations have been
fulfilled in accordance with the Contract;
AND WHEREAS [Name of the Bank] having registered office at [Address of the
Bank] (hereinafter called "the Guarantor") has agreed to give the Contractor a
Guarantee;
THEREFORE the Guarantor hereby affirms to bind himself, his successors and his
assigns to the Client, for the sum of PKR (in ligures ) (in words
) and undertakes to pay to the Client, upon
receipt of his written demand(s), any sum(s) as specified by him, not exceeding the
above limit in aggregate, without cavil I argument and without the Client having
to substantiate I prove or to show grounds / reasons for such claim(s), on the
occurrence of any I all of the following conditions:
1. If the Contractor commits a default under the Contract;
2. If the Contractor fails to fulfill any of the obligations under the Contract;
3. If the contractor violates any of the provisions of the contract.
provided that the Client shall specify the occurred condition(s) owing to which the
said sum is due to him.
provided further that any demand(s) / claim(s) from the Client shall reach the
Guarantor before the expiry of the Guarantee.
This guarantee shall remain valid up to or until expiry of
warranties / support period or all obligations have been fulfilled in accordance
with the Contract, whichever is later.
Date this 2020.
GUARANTOR
Signature
CNIC #
Name
Designation
Address
91
ANNEXURE-J
Securitv Executed on
BID SECURITY
(Bank Guarantee)
(Date)Name of Surety (Bank) with Address:
Name of Principal (Bidder) with Address{Scheduled Bank in Pakistan)
Penal Sum of Security Rupees
KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the Bid
and at the request of the said Principal (Bidder) we, the Surety above named, are
held and firmly bound unlo
(hereinafter called the 'Client') 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
has submitted the accompanying BidSUCH, that whereas the Bidderdated for Bid No.
for (Particulars of Bid'l to the said
Client; and
WHEREAS, the Client has required as a condition for considering said Bid that the
Bidder furnishes a Bid Security in the above said sum from a Scheduled Bank in
Pakistan or from a foreign bank duly counter-guaranteed by a Scheduled Bank in
Pakistan, to the Client, conditioned as under:
(1) that the Bid security shall remain in force up to and including the
date 28 days after the deadline for validity of bids as stated in the
Instructions to Bidders or as it may be extended by the Client, notice of
which extension(s) to the Surety is hereby waived;
(2) that the Bid Security of unsuccessful Bidders will be returned by the
Client after expiry of its validity or upon signing of the Contract
Agreement; and
(3) that in the event of failure of the successful Bidder to execute the
proposed Contract Agfeement for such work and furnish t].e required
92
Performance Security, the entire said sum be paid immediately to the said
Client pursuant to Clause 15.6 of tJle Instruction to Bidders for the
successful Bidder's failure to perform.
NOW THEREFORE, if the successful Bidder shall, within the period specifiedtherefore, on the prescribed form presented to him for signature enter into a formalContract with the said Client in accordance with his Bid as accepted and furnishwithin twenty eight (28) days of his being requested to do so, a PerformanceSecurity with good and sufficient surety, as may be required, upon the formprescribed by the said Client for the faithful performance and proper fulfilment ofthe said Contract or in the event of non-withdrawal of the said Bid within the timespecified for its validity then this obligation shall be void and of no effect, butotherwise to remain in full force and effect.
PROVIDED THAT the Surety shall forthwith pay the Client the said sum upon firstwritten demand of the Client (without cavil or argument) and without requiring theClient to prove or to show grounds or reasons for such demand, notice of whichshall be sent by the Client by registered post duly addressed to the Surety at itsaddress given above.
PROVIDED ALSO THAT the Client shall be the sole and final judge for decidingwhether the Principal (Bidder) 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 Surety
shall pay without objection the said sum upon demand from the Client forthwith
and without any reference to the Principal (Bidder) or any other person.
IN WITNESS WHEREOF, the above bounden Surety has executed the instrument
und.er its seal on the date indicated above, the name and seal of the Surety being
hereto affixed and these presents duly signed by its undersigned representative
pursuant to authority of its governing body.
SURETY (Bank)
WITNESS:1 .
Corporate Secretary (Seal)
2 .
Name, Title & Address
SignatureName
Title
Corporate Guarantor (Seal)
93
APPENDf,K A - Application Functions
C ritic ql Ap p ti c atio n Functio n s
The critical application functions included inthis document are listed below. In the future,planning for appropriate lmowledge transfer.
this agreement at thenew applications can
time of writingbe added by
] l i . . ' Critical Functions
Imp o tt ant App licatlon h,tnctions
The important application functions includedwriting this document are listed below. In theadded by planning for appropriate knowledge
in this agreement at thefuture, new applicationstransfer.
time ofcan be
time ofcan be
Sup p o rtia e Ap p li c atio n Fr.tnctio ns
The supportive application functions included in this agreement at the
writing this document are listed below. In the future, new applications
added by planning for appropriate knowledge transfer.
