AGRICULTURE &COOPERATIVES DEPARTMENT BLOCK ‘2’, CIVIL SECRETARIAT GOVERNMENT OF BALOCHISTAN
QUETTA.
No. 1181 Dated: 19-6-2017
CONTRACT
FOR
Provision of Solar System for Agriculture Purpose to the Deserving
Farmers of District Kachhi.
MADE BETWEEN
THE DIRECTOR GENERAL, AGRICULTURAL ENGINEERING
DEPARTMENT, BALOCHISTAN, QUETTA.
AND
M/S AL-AKHUWAT ENTERPRISES , QUETTA.
CONTRACT No 1181____ .
THIS CONTRACT made at Quetta on the 19th day of June 2017 between the Director General, Agricultural Engineering Department , Balochistan,
Quetta (hereinafter called “the Purchaser”) of the one part and M/S Al-Akhuwat Enterprises, Quetta registered under the Laws of Pakistan (hereinafter called “the Supplier”) of the other part.
WHEREAS the Purchaser invited bids for SOLAR SYSTEM FOR 5 TUBE WELLS FOR
THE FARMERS OF KACHHI DISTRICT.
WHEREAS the Purchaser has accepted the Supplier’s bid No.AAE/GM/1706-251 dated 7-6-2017 May, 2016 regarding supply and fixing of Solar System for tube wells for the farmers of Kachhi district @
Rs.1704405/per solar system for 3 inches discharge per solar system at Kachhi District in the sum of Rs.8522025/-(Rupees eight million five
hundred twenty two thousand twety five only) (hereinafter called “the Contract Price”).
NOW THIS CONTRACT WITNESSETH AS FOLLOWS:
1. In this Contract words and expressions shall have the same meanings as are respectively assigned to them in the General and Special Conditions of Contract referred hereto.
2. The following documents shall be deemed to form and be read and construed as an integral part of this Contract, viz.:
(a) the Contract;
(b) the General Conditions of the Contract (Annex-I); (c) the Special Conditions of the Contract (Annex-II). (d) the Schedule of Delivery (Annex-III)
(e) the Integrity Pact (Annex-IV).
3. The Supplier hereby covenants with the Purchaser to provide the goods and services and to remedy defects therein in conformity, in all respects, with the provisions of this Contract.
4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods and services and the remedying of defects
therein, the Contract Price or such other sum as may become payable under the provisions of this Contract and in the manner prescribed therein.
5. The Parties agreed that, in the event of dispute between them under or in connection with this Contract, the mechanism for resolution of disputes outlined in the General & Special Conditions of Contract shall be followed in
the manner specified therein.
IN
WITNESS whereof the parties hereto have caused this Contract to be
executed in accordance with their respective laws, on the day and year first above written.
(For & on behalf of the Purchaser) (For & on behalf of the Supplier)
(Abdul Manan Raisani) Director General,
Agricultural Engineering Department, Sariab Link Road,
Quetta
M/S Al-Akhuwat Enterprises,
Quetta
Annexure-I INSTRUCTIONS TO BIDDERS/TENDRERS
A. INTRODUCTION
1. SOURCE OF FUNDS AND SCOPE OF SUPPLY
1.1 Source of Funds
The funds for the said scheme namely “PROVISION SOLAR SYSTEM FOR
AGRICULTURE PURPOSE TO THE DESERVING FARMERS OF DISTRICT KACHHI” have been allocated in the PSDP 2016-17 Government of Balochistan, reflected at PSDP
No.148.
1.2 Scope of Supply
Sealed Tenders are invited from the interesting firms for acquiring the rate of Bid “FOR
SUPPLY AND INSTALATION SOLAR SYSTEM FOR AGRICULTURE PURPOSE FOR
THE FARMERS OF DISTRICT KACHHI”
2. ELIGIBLE BIDDERS, FOR THE WORK
Valid PEC registration /NTN /GST Registration
Sound financial standing
Deposit Renewal fee for the year 2016-17.
Specialization in CE04,EE11(solar energy code)
B. THE BIDDING DOCUMENTS
3. CONTENTS OF BIDDING DOCUMENTS
The goods/services required, bidding procedures and Contract terms are prescribed in
the Bidding Documents. The Bidding Documents include:
(a) Instructions to Bidders/Tenderers
(b) General Conditions of Contract
(c) Special Conditions of Contract
(d) Schedules of:
Prices
Deliveries
Technical Data
Qualification of Bidders
Performance Security
(f) General Specifications
(g) List of Goods/ services
(h) Bid Evaluation Criteria (financial)
C. PREPARATION OF BIDS
4. LANGUAGE OF BID
The bid prepared by the bidder/tenderer and all correspondence and documents
relating to the bid, exchanged by the bidder/tenderer and the Purchaser shall be
written in the English language.
5. DOCUMENTS COMPRISING THE BID
5.1 Each Bid shall comprise of one single envelope containing the financial proposal and
required information,
(a) Bid Form – Letter of Offer (duly filled, signed and stamped)
(b) Bid Bond/Bid Security
(c) Schedule of Qualification of Bidders/Tenderers
(d) Documentary evidence established that the bidder/tenderer is eligible to bid
and is qualified to perform the Contract if its bid is accepted.
(e) Documentary evidence of registration with Income Tax and Sales Tax Deptts.
(f) Schedule of Prices
(g) Schedule of Delivery/Work Done
6. BID SECURITY
6.1 The bidder/tenderer shall furnish as part of its bid, Bid Security equivalent to 2% of
total Bid Price.
6.2 The Bid Security is required against the risk of bidder's/tenderer’s conduct, which
would warrant the security's forfeiture.
6.3 The bid security of technically non-responsive bidders shall be returned within days
of declaration of their bid as non-responsive.
6.4 Bid security of responsive bidders shall be retained by the Procuring Agency till the
time the procurement contract has been signed with the lowest evaluated bidder and
deposit of performance guarantee, if required. Bid security of unsuccessful bidders at
this stage shall not be retained beyond thirty (30) days of award of contract.
6.5 The Bid Security may be forfeited:
withdraws its bid after opening but within the validity period,
does not furnish performance guarantee, if applicable,
does not sign the contract or
does not accept the correction of the quoted amount following the
correction of arithmetic errors.
(a) If a bidder/tenderer withdraws its bid during the period of bid validity
specified by the bidder/tenderer on the Bid Form or extended validity; OR
(b) in the case of a successful bidder/tenderer, if the bidder/tenderer fails:-
(i) to sign the Contract
(ii) to furnish Performance Security
(iii) If the information/data provided in the Bid by the Bidder/Manufacturer
is proved incorrect.
7. PERIOD OF VALIDITY OF BIDS
Bids shall remain valid for forty (90) days after the date of bid opening as prescribed
in the Invitation to Bid pursuant to BRRA Rules 2014.
D. SUBMISSION OF BIDS
8. SEALING AND MARKING OF BIDS
8.1 Each bid shall comprise a single package containing two envelopes in conformity
with Balochistan Public Procurement Rules-2014.
8.2 (a) The inner and outer envelopes shall:
(i) be addressed to Agricultural Engineering Department at the address
given.
(ii) bear the Project Name, Bid No. and Date of Opening of Bid.
(b) The inner envelope shall indicate the name and address of bidder/tenderer to
enable the bid to be returned unopened in case it is declared late.
(c) The bid shall be delivered in person or sent by registered mail at the address as
given.
9. DEADLINE FOR SUBMISSION OF BIDS
Bids must be received by Agricultural Engineering Department at the given address
no later than the time and date as given in Invitation to Bid.
10. LATE BIDS
Bids received after the date and time of bid closing will be returned to the
bidders/tenders unopened.
E. BID OPENING AND EVALUATION
11.2 Single envelope will be opened and Bid will be evaluated as per cost and
specification mentioned in the Bidding Documment.
11. OPENING OF BIDS
11.1 A committee comprising of nominated members as constituted by Agricultural
Department will open bids in the presence of bidder's/tenderer’s representative who
may choose to be present, at date and time and at the address mentioned in the
advertisement for bid invitation. The bidder's/tenderer’s representatives who are
present shall sign an attendance sheet evidencing their attendance.
11.2 The envelope marked “FINANCIAL PROPOSAL” will be retained in the custody of
the the Director General Agricultural Engineering Department Balochistan Quetta
without being opened.
11.3 The bidder's/tenderer’s names, modifications, bid withdrawals and the presence of the
requisite Bid Security and financial proposals and such other details as the Director
General Agricultural Engineering Department Balochistan Quetta at its discretion
may consider appropriate will be announced at the bid opening.
12. EVALUATION AND COMPARISON OF BIDS
12.1 After the evaluation and approval, the Director General, Agricultural Engineering
Department, Quetta will at a time, date and venue announced and communicated to
the bidders/tenderers in advance within the bid validity period publicly open the
financial proposals of the technically accepted bids only. The financial proposal of the
bids found technically non-responsive will be returned unopened to the respective
bidders/tenderers.
12.5 The Director General, Agricultural Engineering Department, Quetta will evaluate
financial proposals responsive bids in accordance with Bid Evaluation Criteria
(Financial). The comparative statement of bid offers based on evaluation shall be
prepared to determine the lowest evaluated bid.
12.6 Evaluation of the bid’s financial proposals will take into account in addition to the bid
price/rate the “Delivery/work Schedule offered in the bid”.
F. AWARD OF CONTRACT
13. POST QUALIFICATIONS
In the absence of pre-qualification, Agricultural Engineering Department will
determine to its satisfaction whether the bidder/tenderer selected as having submitted
the lowest evaluated bid is qualified to satisfactorily perform the Contract.
14. AWARD CRITERIA
Agricultural Engineering Department will award the Contract to the successful
bidder/tenderer whose bid has been determined to be substantially responsive and has
been determined as the most advantageous bid to Agricultural Engineering
Department, provided further that the bidder/tenderer is determined to be qualified to
satisfactorily perform the contract.
15. Agricultural Engineering Department’s RIGHT TO VARY QUANTITIES
Agricultural Engineering Department reserves the right at the time of award of
Contract to increase or decrease by up to 15% the quantity of Goods and Services
specified in the Schedule of Prices without any change in the unit price or other terms
and conditions.
16. Agricultural Engineering Department’s RIGHT TO ACCEPT ANY BID AND
TO REJECT ANY OR ALL BIDS
17. SIGNING OF CONTRACT
Upon presentation to and acceptance by Agricultural Engineering Department, the
Performance Security, the successful bidder/tenderer will be required to send to the
Director General Agricultural Engineering Department ,Balochistan within 7 days of
the receipt of Intimation. A representative with proper power of attorney for the
purpose of executing a Contract Agreement, in the form set-out in the Bidding
Documents, incorporating all agreements between the parties.
18. PERFORMANCE SECURITY
18.1 In case of award of Contract, a Performance Security in the form of pay order or
demand shall be required to be submitted by the supplier or contractor in the name of
Director General, Agricultural Engineering Department , Balochistan, Quetta as
permissible under BPRA Rules 2014..
18.2 The amount of Performance Security shall be ten percent (10%) of the contract price.
18.3 The Performance Security shall be released within 60 days of completion of the
contract subject to clearance of every things else
18.4 Failure to provide Performance Security or to sign the Contract within the period
indicated shall constitute ground for annulment of the award and forfeiture of bid
Security.
18.5 Pursuant to annulment of award and forfeiture of bid security, Agricultural
Engineering Department shall at its discretion, may consider:
i) Award of Contract to the 2nd lowest evaluated bidder; OR
ii) Call for Fresh Tenders
GENERAL CONDITIONS OF CONTRACT
1. DEFINITIONS
In this Contract, the following terms shall be interpreted as indicated:
(a) "The Contract" means the agreement entered into between the Purchaser and
the Supplier, as recorded in the Contract Agreement Form signed by the
parties, including all attachments and schedules thereto and all documents
incorporated by reference therein;
(b) "The Contract Price" means the price payable to the Supplier under the
Contract for the full and proper performance of its contractual obligations;
(c) "The Goods" means all of the equipment, machinery, and/or other materials,
which the Supplier is required to supply to the Purchaser under the Contract;
(d) "Services” means ancillary to supply of Goods, such as designing, detailing,
shop assembling, manufacturing, testing, transportation, insurance and other
obligations of the Supplier covered under the Contract;
(e) "The Purchaser" means the Organization purchasing the Goods under this
Contract
(f) "The Supplier" or "The Contractor" means the Authorized Dealer / Sale Agent
supplying the Goods under this Contract, its successors and assignees.
(h) "Sub-Contractor" means a person or persons, firm or company having a
contract with the Contractor for part of the supply including the supply of
materials, equipment or apparatus thereof;
(i) "Work" means that which is intended to be done by the Contractor in
accordance with the Contract.
2. QUALITY CONTROL, TESTING AND INSPECTION
2.1 The Purchaser or its representative shall have the right to inspect and/or to test the
Goods/services to confirm their conformity to the Contract.
2.2 Should any inspected or tested Goods fail to conform to the Specifications, the
Purchaser may reject these and Supplier shall either replace the rejected Goods or
make all alterations necessary to meet Specification’s requirements free of cost to the
Purchaser.
2.3 Two copies of all the inspection and test reports and certificates including those for
quality control shall be supplied to the Department. All such reports and certificates,
as have been witnessed shall be countersigned by the Engineer.
3. LIQUIDATED DAMAGES
If the Supplier fails to deliver any or all of the Goods or perform the services within
the time period(s) specified in the Contract.
The penalty should be only for the stores supplied late, except where the undelivered
stores hold up the use of delivered stores, in which case the liquidated damages
should be for the total value of the contract. The contractor
who refuses to pay liquidated damages for delayed supplies should be removed from
the list of approved contractors.
The liquidated damages shall be applicable as per BPPRA Rules 2014.
4. TERMINATION FOR DEFAULT
Agricultural Engineering Department may, without prejudice to any other remedy for
breach of Contract, by written notice of default sent to the Supplier, terminate the
Contract in whole or in part.
5. FORCE MAJEURE
5.1 The Supplier shall not be liable for forfeiture of its performance security, liquidated
damages or termination for default, if, and to the extent that, its delay in performance
or other failure to perform its obligations under the Contract is the result of an event
of Force Majeure.
5.2 For purposes of this Clause, "Force Majeure" means an event beyond the control of
the Supplier and not involving the Supplier's fault or negligence. Such events may
include, but are not restricted to, acts of Agricultural Engineering Department either
in its sovereign or contractual capacity, wars or evolutions fires, floods, epidemics,
restrictions and freight embargoes.
5.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Engineer in
writing of such condition and the cause thereof. Unless otherwise directed by the
Engineer in writing, the Supplier shall continue to perform its obligations under the
Contract as far as is reasonably practical, and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event.
6. TERMINATION FOR CONVENIENCE
Agricultural Engineering Department may by written notice sent to the Contractor,
terminate the Contract, in whole or in part, at any time for its convenience. The notice
of termination shall specify that termination is for Agricultural Engineering
Department convenience the extent to which performance of Work under the Contract
is terminated, and the date upon which such termination becomes effective.
7. APPLICABLE LAW
The Contract shall be interpreted in accordance with the Laws of Pakistan.
8. TAXES AND DUTIES
All taxes and duties levied for goods/ services shall be to the account of the
Contractor including income tax @6% and stamp papers @0.25% of the total cost of
contract.
SECTION I
SPECIAL CONDITIONS OF CONTRACT
The following Special Conditions of Contract are deemed to be additional clauses or
shall supplement the "General Conditions of Contract". Whenever there is a conflict, the
provisions herein shall prevail over those in the "General Conditions of Contract".
1. QUALITY CONTROL, TESTING & INSPECTION
1.1 Inspection: Inspection of good/services will be carried out by the Inspection
Committee nominated by the department.
1.2 Acceptance of Materials: The Contractor of any of his responsibilities for meeting all
of the requirements of the Specifications and shall not prevent subsequent rejection if
such material or equipment is later found to be defective or not conforming to the
Specifications.
2 Delivery :- supply and fixing of Solar System for Tube well at Kachhi.
Consignee:- Agricultural Engineer ,Kachhi.
3. Terms of Payment
3.1 The inspection of goods /service will be carried out by the inspection committee and
bill will be submitted to the Director General for payment.
3.2 Liquidated Damages shall be paid to Agricultural Engineering Department by the
Contractor in the currencies mentioned/ approved in schedule of prices.
4. DESCRIPTION AND SCOPE OF GOODS/SERVICES
supply and fixing of Solar System for Tube well at Kachhi.
SCHEDULE OF PRICES
List of Beneficiaries
S.No. Name of Beneficiaries
1 killi Master Inayat
2 Zahir Sumalani, Kirta
3 Mir Shabir Ahmed Bangulzai, kirta
4 Muhammad Ali Jatoi,Saidri Dhadar
5 Muhammad Akram S/O Muhammad Afzal Mithari
SCHEDULE OF DELIVERY
FORM OF INTEGRITY PACT
DECLARATION OF FEES, COMMISSION AND BROKERAGE .ETC.
PAYABLE BY THE SUPPLIERS OF GOODS, SERVICES & WORKS
Contract Number: _____________________ Dated: ____________________
Contract Value: Rs. 8522025/-
ContractTitle: SUPPLY AND FIXING SOLAR SYSTEM FOR THE FARMERS
OF KACHHI DISTRICT.
M/S Al-Akhuwat Enterprises, Quetta (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 Balochistan or any administrative subdivision or agency thereof or any other
entity owned or controlled by it (GoB) through any corrupt business practice.
Without limiting the generality of the foregoing, M/S Al-Akhuwat Enterprises, Quetta (name of
Supplier) represents and warrants that it has fully declared the brokerage, commission, fees etc. paid
or payable to anyone and not given or agreed to give and shall not give or agree to give to anyone
within or outside Pakistan either directly or indirectly through any natural or juridical person,
including its affiliate, agent, associate, broker, consultant, director, promoter, shareholder, sponsor or
subsidiary, any commission, gratification, bribe, finder's fee or kickback, whether described as
consultation fee or otherwise, with the object of obtaining or inducing the procurement of a contract,
right, interest; privilege or other obligation or benefit in whatsoever form from GoB; except that
which has been expressly declared pursuant hereto.
M/S Al-Akhuwat Enterprises, Quetta (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 tile
transaction with GoB and has not taken any action or will not take any action to circumvent the above
declaration, representation or warranty.
M/S Al-Akhuwat Enterprises, Quetta (name of Supplier) accepts full responsibility and strict
liability for making any false declaration; not making full disclosure, misrepresenting facts or taking
any action likely to defeat the purpose of this declaration, representation and warranty. It agrees that
any contract, right, interest, privilege or other obligation or benefit obtained or procured as aforesaid
shall, without prejudice to any other right and remedies available to GoB under any law, contract or
other instrument, be voidable at the option of GoB.
Notwithstanding any rights and remedies exercised by GoB in this regard, M/S Al-Akhuwat
Enterprises,Quetta (name of Supplier) to indemnify GoB for any loss or damage incurred by it on
account of its corrupt business practices and further pay compensation to GoB in an amount
equivalent to ten time the sum of any commission, gratification, bribe, finder's fee or kickback given
by M/S Al-Akhuwat Enterprises, Quetta (name of Supplier) as aforesaid for the purpose of
obtaining or inducing the procurement of any contract, right, interest, privilege or other obligation or
benefit in whatsoever form from GoB.
Director General Agricultural Engineering Department Balochistan Quetta
_
M/S Al-Akhuwat Enterprises, Quetta
Composition of Technical/Inspection Committee
Technical /Inspection Committee comprising of the following
a) Agricultural Engineer, Kachhi Chairman b) Assistant Agricultural Engineer Kachhi I & II Member
The Technical Committee will supervise the work and submit Progress Report of Solar System for tubewell.
* Note:-1. The following document may be collected from the beneficiaries
Copy of CNIC Land ownership record
Affidavit of farmers that work done satisfactorily
Original coupon/receipt showing purchase of Tender Documents
PROGRESS REPORT OF SUPPLY AND FIXING OF SOLAR SYSTEM FOR TUBE WELLS FOR THE FARMERS OF KACHHI DISTRICT.
S.No. Name of
Beneficiaries
Location Solar System fixing date Signature of
Farmer
Signature of
Contractor
Signature of Technical
Committee