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Table of Contents
Contents
Important Note ........................................................................................................................................ 5
I. General Information ........................................................................................................................ 5
1. Important Dates ............................................................................................................................... 6
2. Invitation to Bid .............................................................................................................................. 6
2.1. PPRA Rules to be followed ........................................................................................................ 6
2.2. Mode of Advertisement(s) .......................................................................................................... 6
2.3. Type of Open Competitive Bidding ............................................................................................ 6
3. Bidding Details (Instruction to Bidders) ......................................................................................... 7
4. Definitions....................................................................................................................................... 8
5. Headings and Titles......................................................................................................................... 9
6. Notice .............................................................................................................................................. 9
7. Tender Scope .................................................................................................................................. 9
8. Overview and Objectives ................................................................................................................ 9
9. Scope of Work .............................................................................................................................. 11
9.1. Public Address System (PAS)................................................................................................... 11
9.2. Key Components of the Solution .............................................................................................. 11
9.3. Integration ................................................................................................................................. 11
9.4. Training ..................................................................................................................................... 12
10. Contract Type and duration....................................................................................................... 12
11. Services Required ..................................................................................................................... 12
12. Key Service-level parameters ................................................................................................... 14
13. PMA's Responsibilities ............................................................................................................. 14
14. Tender/Bidder Eligibility .......................................................................................................... 15
15. Tender Cost ............................................................................................................................... 15
16. Joint Venture / Consortium ....................................................................................................... 15
17. Examination of the Tender Document ...................................................................................... 16
18. Amendment of the Tender Document ....................................................................................... 16
19. Preparation / Submission of Tender .......................................................................................... 16
20. Tender Price .............................................................................................................................. 18
21. Bid/Tender Security .................................................................................................................. 19
22. Tender Validity ......................................................................................................................... 20
23. Modification / Withdrawal of the Tender ................................................................................. 20
24. Opening of the Tender .............................................................................................................. 20
25. Clarification of the Tender by the Purchaser ............................................................................ 20
26. Determination of Responsiveness of the Bid (Tender) ............................................................. 20
27. Correction of errors / Amendment of Tender ........................................................................... 21
28. Rejection & Acceptance of Tender/Bids................................................................................... 21
29. Acceptance Letter (LOA).......................................................................................................... 21
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30. Performance Security ................................................................................................................ 22
31. Redressal of Grievances ............................................................................................................ 22
32. Contract ..................................................................................................................................... 28
33. Contract Documents and Information ....................................................................................... 28
34. Contract Language .................................................................................................................... 28
35. Standards ................................................................................................................................... 28
36. Patent Rights and Rights to the Contents of the Program ......................................................... 28
37. Packing...................................................................................................................................... 28
38. Insurance ................................................................................................................................... 29
39. Warranty ................................................................................................................................... 29
40. Ownership of Spare Parts/Replaced Components..................................................................... 30
41. Execution Schedule ................................................................................................................... 30
42. Software Maintenance............................................................................................................... 30
43. Taking-Over Certificate ............................................................................................................ 30
44. Invoicing ................................................................................................................................... 30
45. Payment..................................................................................................................................... 30
46. Contract Price (Z) ..................................................................................................................... 31
47. Contract Amendment ................................................................................................................ 32
48. Assignment / Subcontract ......................................................................................................... 32
49. Extension in Time for Performance of Obligations Under the Contract................................... 33
50. Liquidated Damages ................................................................................................................. 33
51. Forfeiture of Performance Security........................................................................................... 33
52. Termination for Convenience ................................................................................................... 34
53. Termination for Default ............................................................................................................ 34
54. Termination for Insolvency ....................................................................................................... 35
55. Force Majeure ........................................................................................................................... 35
56. Dispute Resolution .................................................................................................................... 35
57. Statutes and Regulations ........................................................................................................... 36
58. Taxes and Duties ....................................................................................................................... 36
59. Contractor to Inform Himself ................................................................................................... 36
60. Contract Cost ............................................................................................................................ 36
61. Authorized Representative ........................................................................................................ 37
62. Waiver ....................................................................................................................................... 37
63. Training ..................................................................................................................................... 37
64. Commercial Availability ........................................................................................................... 37
65. Labeling .................................................................................................................................... 37
66. Delivery..................................................................................................................................... 38
67. Installation and Implementation................................................................................................ 38
68. Maintenance .............................................................................................................................. 38
69. Updates ..................................................................................................................................... 39
70. Site Preparation ......................................................................................................................... 39
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71. Power ........................................................................................................................................ 39
72. Safety ........................................................................................................................................ 39
73. Support and Maintenance.......................................................................................................... 39
74. Spare Parts and Support ............................................................................................................ 40
75. Inspection and Testing .............................................................................................................. 40
76. Service Level Agreement (SLA)............................................................................................... 40
77. Non-Disclosure Agreement (NDA) .......................................................................................... 41
78. Blacklisting ............................................................................................................................... 41
79. Special Stipulations ................................................................................................................... 41
80. Technical Evaluation Criteria ................................................................................................... 43
81. Financial Cost/ Price Schedule/ Bid Price / Form of Bid.......................................................... 45
Annexure-A: Technical Proposal Submission Form............................................................................. 47
Annexure-B: Financial Proposal Submission Form (Part of Financial Bid Envelope)......................... 48
Annexure-C: Format for Covering Letter ............................................................................................. 49
Annexure-D: Instructions for preparation of power of attorney ........................................................... 50
Format of Power-of-Attorney ............................................................................................................... 51
Annexure-E: Undertaking ..................................................................................................................... 52
Annexure-F: Affidavit .......................................................................................................................... 53
Annexure-G: Tender Security Form ..................................................................................................... 54
Annexure-H: Performance Security ...................................................................................................... 55
Annexure-I: Financial Capacity of the Bidder ...................................................................................... 56
Annexure-J: Service Level Agreement ................................................................................................. 57
Annexure-K: “Responsibility Matrix” .................................................................................................. 68
Annexure-L: Reference Specifications ................................................................................................. 69
Annexure-M: Equipment List ............................................................................................................... 71
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Important Note
Registered companies and Joint ventures complying with criteria given in this document are eligible
for this tender, hereafter referred to as Bidders.
All Systems described hereafter are required for Lahore Metrobus System from Shahdra to
Gajjumatta (hereafter referred to as LMBS)
The Successful bidder shall be required to carry out Operation & Maintenance (hereafter referred to
as O&M) as per SLA for Three 03 years.
I. Procurement
Provision, Installation, Testing, Commissioning, Calibration And Integration of Public
Address System and Allied Equipment (PAS) for Lahore Metrobus System on Single Stage
Two Envelope (SSTE) basis and Operation & Maintenance (O&M) as per SLA for 03 Three
years”.
I. General Information
For a more elaborate list of roles and responsibilities, please refer Clause 9 of the RFP.
The successful bidder shall supply all necessary equipment mentioned in tender documents which
are accordingly annexed as Annex-L (Reference Specifications).
The Bidder scope shall include furnishing, installing and operating all Goods etc. on SSTE basis. In
addition the successful bidder shall configure, customize, deploy, manage and maintain the
equipment by fully utilizing the deployed PAS Systems. For additional details please refer to
Clause 9.
Purchaser, would award accordingly as per rules and while the Purchaser reserves exclusive rights
to cancel/annul or reject all bids submitted at any time before issuance of Acceptance Letter (LOA)
without giving any reason thereof.
Bidders must ensure that they submit all the required documents indicated in the Bidding
Documents without fail. Bids received without, undertakings, valid documentary evidence,
supporting documents and various requirements mentioned in the Bidding Documents or test
certificates are liable to be rejected at the initial stage. The data sheets, valid documentary
evidences for the critical components as detailed hereinafter should be submitted by the Bidder for
scrutiny. It is intimated that no objection/revisions/supplement shall be entertained regarding the
terms and conditions of the Bidding Document submitted by the bidder.
This Bidding Process will be governed under Punjab Procurement Rules, 2014, as amended from
time to time and instructions of the Government of the Punjab received during the completion of
the project
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1. Important Dates
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Clarification meeting:-Monday, 25 April, 2022 (1100 Hours)-
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5 floor Arfa Software Technology Park, Ferozepur Road, Lahore.
Opening shall take place on: - Wednesday, May 11th, 2022 (1530 Hours)-
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5 floor Arfa Software Technology Park, Ferozepur Road, Lahore.
2. Invitation to Bid
The Punjab Masstransit Authority (PMA), Government of the Punjab (the purchaser),
invites bids for the:
“Provision, Installation, Testing, Commissioning, Calibration And Integration of Public
Address System and Allied Equipment (PAS) for Lahore Metrobus System on Single Stage
Two Envelope (SSTE) basis and Operation & Maintenance (O&M) as per SLA for 03 Three
years”.
Punjab Procurement Rules 2014 will be strictly followed. These may be obtained from
PPRA’s website:
http://ppra.punjab.gov.pk/downloads
In this document, unless otherwise mentioned to the contrary, "Rule" means a Rule under
the Punjab Procurement Rules 2014.
As per Rule 12, this Tender is being placed online at PPRA's website, as well as being
advertised in print media.
The bidding document carrying all details can be downloaded from PPRA’s website
www.ppra.punjab.gov.pk, and PMA’s website http://www.pma.punjab.gov.pk.
As per Rule 38(2) (a), Single Stage - Two Envelope Procedure shall be
followed. This is as follows:
i. The proposal/bid shall comprise of FOUR separate envelopes. Each envelope shall
contain separately the financial proposal in ORIGINAL and DUPLICATE; and the
technical proposal in ORIGINAL and DUPLICATE;
ii. The four envelopes shall be marked as “FINANCIAL PROPOSAL-ORIGINAL”, “FINANCIAL
PROPOSAL-DUPLICATE”, “TECHNICAL PROPOSAL-ORIGINAL’’ and “TECHNICAL
PROPOSAL-DUPLICATE” in bold and legible letters to avoid confusion;
iii. Initially, only the envelope marked “TECHNICAL PROPOSAL-ORIGINAL” shall be
opened;
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iv. The envelope marked as “FINANCIAL PROPOSAL-ORIGINAL”&“FINANCIAL PROPOSAL-
DUPLICATE” shall be retained in the custody of the procuring agency without being
opened;
v. The technical proposal will be evaluated in a manner as per the clauses mentioned in
this document; and proposals which do not conform to the specified requirements as
listed in said document will be rejected.
vi. During the technical evaluation, no amendments in the technical proposal shall be
permitted;
vii. The financial proposals of technically qualified bidders shall be opened publicly at a
time, date and venue announced and communicated to the bidders in advance;
viii. After the evaluation and approval of the technical proposal, the procuring agency
shall, at a time within the bid validity period, publicly open the ORIGINAL financial
proposals of the technically accepted and qualified bids only. The ORIGINAL &
DUPLICATE financial proposals of bids found technically non-responsive shall be
returned un-opened to the respective bidders.
ix. The technically qualified bidder with lowest financial bid will be the successful bidder,
subject to approval of the Competent Authority.
All bids must be accompanied by tender security as part of financial proposal in favor of “The
Punjab Masstransit Authority” as per Clause No. 21 (Bid/Tender Security) of this document.
The bids along with the Tender Security, Tender Forms, Affidavits, etc., must reach the office of the
Punjab Masstransit Authority located at the venue and as per schedule at “Important Dates” above.
The Technical bids will be publicly opened at 5th floor Arfa Software Technology Park, Ferozepur
Road, Lahore on May 11th, 2022 at Time: 1530 Hours.
Any Bid received by the Purchaser after the abovementioned deadline for submission of Bids shall
be returned unopened to such Bidder. Delays in the mail, delays of person in transit, or delivery of
a Bid to the wrong office shall not be accepted as an excuse for failure to deliver a Bid at the proper
place and time. It shall be the Bidder’s responsibility to determine the manner in which timely
delivery of his Bid will be accomplished either in person, by messenger, courier service or by mail.
Queries of the Bidders (if any) for seeking clarifications regarding the specifications of the services
must be received in writing to the PMA before the schedule of clarification meeting as per schedule
at “Important Dates” above. All queries shall be responded to within due time.
The bidder must submit bids in full conformity of the requirements mentioned vide this document.
Failure to meet this condition will cause disqualification of the bidder and subsequent rejection of
the relevant bid. The attention of bidders is drawn to the provisions of Clauses 17, 24 & 26 on
“Preparation / Submission of Bid”, “Determination of Responsiveness of Bid” and “Rejection &
Acceptance of Tender/Bids”, respectively, before preparing and submitting their bids.
The contact details for all correspondence in relation to this bid are as follows:
The Punjab Masstransit Authority (PMA)
th
5 Floor, Arfa Software Technology Park,
346-B, Ferozepur Road, Lahore, Pakistan.
Telephone: +92 42 99028000 Ext: 6006
FAX:+92 42 99232541
Email: [email protected]
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Bidders should note that during the period from the advertisement of the tender till the receipt of
the bids, all queries should be communicated in writing via e-mail at the above contact detail.
Bidders are also required to state, in their proposals, the name, title, fax number and e-mail address
of the bidder’s authorized representative through whom all communications shall be directed until
the process has been completed or terminated.
Purchaser will not be responsible for any costs or expenses incurred by bidders in connection with
the preparation or delivery of bids.
As authority competent to accept the tender, Purchaser reserves the right to cancel the tender,
accept or reject all bids without assigning any reason thereof.
4. Definitions
3.1 “PMA” is The Punjab Masstransit Authority, Government of the Punjab.
3.2 “Public Address System and Allied Equipment (PAS)” means Provision, Installation, Testing,
Commissioning, Calibration And Integration of Public Address System and Allied Equipment
for Lahore Metrobus System on Single Stage Two Envelope (SSTE) basis including warranty
and Operation & Maintenance (O&M) as per SLA for 03 Three years as asked for in the
Tender Document. PAS implementation for approximately 27 Metrobus stations in Lahore.
3.3 “Client/Procuring Agency/Purchaser” means The Punjab Masstransit Authority (PMA),
Government of the Punjab or any other person/entity for the time being or from time to
time duly appointed in writing by the Purchaser to act as Purchaser.
3.4 “LMBS” Lahore Metrobus System
3.5 “MBS” Metrobus System
3.6 “PAS Service Provider” or “Successful Bidder”: The technically qualified bidder with lowest
financial bid, who has the probability of award of contract for PAS Project, subject to
approval of the Competent Authority.
3.7 “Confirmation” means confirmation in writing.
3.8 “Bidder/Tenderer” means a Registered Company or Joint Venture that has submitted its bid
as per the criteria/specifications listed.
3.9 “Contractor” means successful Bidder/Tenderer.
3.10 “Contract” means the contract proposed to be entered into between the procuring entity
and the Bidder, including all attachments, appendices, and all documents incorporated by
reference therein.
3.11 “Contract Price” means the price payable to the Contractor under the Contract for the full
and proper performance of its contractual obligations.
3.12 "Clarification Conference/Meeting" means the meeting conducted by the procuring entity
on given date and time prior to actual date of bid opening.
3.13 “Procurement Methods” means any one of the procurement modes / methods as provided
in the Punjab Procurement Rules 2014 published by the Punjab Procurement Regulatory
Authority (PPRA), Government of the Punjab.
3.14 “RFP” means Request for Proposals, including any amendments that may be made by the
procuring entity for the selection of bidder.
3.15 “Proposal” means the Technical Proposal and the Financial Proposal for the provision of the
Services submitted by a bidder in response to this RFP/Tender Document.
3.16 “SBD” means Standard Bidding Documents.
3.17 “SCC” means the Special Conditions of Contract.
3.18 “Services” means the tasks to be performed by the bidder pursuant to the Contract as
mentioned vide this document.
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3.19 “TEC” means the Technical Evaluation Committee, constituted for the purpose of
evaluating the Proposals received.
3.20 “Terms of Reference” or “TOR” means the document which explains the objectives, scope
of work, activities, task to be performed, respective responsibilities of the procuring entity
and the bidder, and expected results and deliverables of the assignment.
3.21 "Works" means work to be done by the Contractor under the Contract.
3.22 "Corridor" means MBS Corridor.
3.23 “GoPb” means Government of the Punjab.
6. Notice
6.1. In this document, unless otherwise specified, wherever provision is made for exchanging notice,
certificate, order, consent, approval or instructions amongst the Contractor and the Purchaser, the
same shall be:
6.1.1. in writing;
6.1.2. issued within reasonable time;
6.1.3. served by sending the same by courier or registered post to their principal office in
Pakistan or such other address as they shall notify for the purpose; and
6.1.4. The words "notify", "certify", "order", “consent”, “approve”, "instruct", shall be
construed accordingly.
7. Tender Scope
7.1 The Punjab Masstransit Authority (PMA)(The Purchaser), invites/requests Proposals
(hereinafter referred to as “the Tenders”) for the Provision, Installation, Testing,
Commissioning, Calibration And Integration of Public Address System and Allied Equipment
(PAS) for Lahore Metrobus System on Single Stage Two Envelope (SSTE) basis including
warranty and Operation & Maintenance (O&M) as per SLA for 03 Three years for the 27
MBS Stations in Lahore.
7.2 The Integrated PAS solution needs to be rolled out for 27 MBS Stations.
7.3 The PAS comprises the following core components along with associated equipment and
services:
Wall Speakers
Amplifiers
Microphones
DVD Players
12 Racks
Connectivity with other systems (as per requirement)
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SALIENT FEATURES OF THE PROJECT
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64 Articulated air conditioned buses (seating capacity 38+1, total capacity 160 per bus). Depot is
located near Nishter Metrobus Station, Ferozepur Road, Lahore.
Terminal stations i.e. Shahdara and Gajjumatta have bus turnarounds and bus parking space
Operations is monitored and controlled through Command & Control Center located in Arfa Karim
Software Technology Park (ASTP), 5th Floor, Ferozpur Road, Lahore
The whole operation will be monitored and controlled by Punjab Masstransit Authority from PMA
Command and Control Centre that is established at Arfa Software Technology Park (ASTP), Lahore.
9. Scope of Work
PMA invites applications from bidders/Consortium (herein after called " Bidder") for the execution
and completion of a project on Turnkey basis involving the Provision, Installation, Testing,
Commissioning, Calibration and Integration of Public Address System and Allied Equipment (PAS)
for Lahore Metrobus System on Single Stage Two Envelope (SSTE) basis including warranty and
Operation & Maintenance (O&M) as per SLA for 03 Three years for the MBS Stations in Lahore,
Pakistan (hereinafter called the "Project"). The scope of work is limited to area of Lahore Metrobus
stations/corridor. The broad scope of the Project by components is as under:
Note: Major components and their quantities are listed in Clause (79); Bidder must provision any
other/more equipment required for the system to make it functional.
• Voice Communication System to provide user interface for Public Address System
communications on Stations.
• Any work related to installation of Public Address System (PAS) like customization, all
types of cabling etc. would be part of bidder’s scope of work.
The overall objective of the project is to have a Public Address System at MBS Stations that consists
of Amplifiers, Microphones, Wall Mounted Speakers, DVD Players etc. and its operational
connectivity at Stations.
9.3. Integration
a. Integration services include complete integration on Turnkey basis of Public Address System
(PAS) System/Components with:
b. Electrical Requirements
i) Cabling requirement
Appropriately rated electrical signal cables shall be used for this purpose. Cables to be
provided shall consist of soft copper conductors (solid or stranded) protected by a
suitable material (core insulation and Jacket combination). The Contactor shall specify
the type of conductors and the material used for the core insulation and the jacket.
Each insulated conductor shall be coded in accordance with a coding scheme to be
defined by the contractor in consultation with the Purchaser prior to cable
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procurement/manufacture. The cable construction shall be such that the conductors
shall be laid concentrically and fillers (shall be of a non-metallic moisture-resistant
material) shall be used where necessary to form a firm and uniformly rounded core. The
cross section of the cable shall have all layers of conductors in concentric circles. Each
conductor in each layer shall maintain its position relative to every other conductor in
the layer throughout the entire length of the cable.
ii) Power
The contractor shall be responsible to follow the already available Earthing at the
stations by using power through station UPS.
c. Communication Standards
The system shall support internationally accepted standards for data transmission
between the system components at the central level, between the central and other
levels as well between the units operating at each level.
9.4. Training
b. The bidders are required to submit a comprehensive detailed system and network
architectures of proposed solution as well as the detailed specifications of proposed
hardware components.
Detail of Services required, roles, responsibilities and scope of work are listed below:
Public Address System (PAS) Solution Deployment and onsite technical support:
1. Provision, Install, configure, customize, deploy, thoroughly test, maintain and operate all
Public Address System (PAS) components –including all related equipment necessary for the
smooth running of the system, in accordance with provisions of this tender document, good
industry practices, applicable laws, and technical specifications of components stated in this
document.
2. Provision, Install, maintain and operate a robust, scalable, secure and efficient Public
Address System (PAS) at PMA Stations.
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3. Deploy suitably skilled personnel (dedicated team) for configuration/customization,
installation and prompt and efficient technical support/maintenance of all Public Address
System (PAS) components.
4. Adequate spare parts must be in place, in order to ensure uptime defined in the Service
Level Agreements. Cost to be borne by service provider/successful bidder.
6. Adhere to time lines of the Public Address System (PAS) project implementation specified in
this Tender Document.
8. Ensure quality, robustness and functionality of all hardware etc. components associated
with the Public Address System (PAS).
9. For all related components impart meaningful, timely and comprehensive training to all staff
associated with Public Address System (PAS) as well as selected staff of PMA.
10. Develop/Document detailed equipment and Public Address System (PAS) component
maintenance plan, in consultation with PMA, and implement it. The plan must cover
procedures and parameters for preventive and break-down maintenance, as well as
maintenance review procedures.
11. Guarantee up-time and adequate performance of Public Address System (PAS) components
at Bus Stations.
12. Guarantee smooth operations and functioning of all Public Address System (PAS)
components during the entire contract period.
13. Plan and conduct regular recovery drills and performance tuning activities. Timely submit
associated plans, schedules, and results for review.
15. Replace faulty equipment, hardware at its own cost so as to ensure adherence to stated
service-level parameters.
16. Regularly check and timely maintain all possible PAS infrastructure including hardware
infrastructure and ensure adherence to stated service-level parameters.
17. Integrate/Connect with other IT Systems i.e. with AFC-BSS e-Ticketing System,
Uninterruptible Power Supply (UPS) and add-ons, if any.
18. Comply with applicable laws, regulations, and permits during the contract period.
19. Cooperate with all other service providers and facilitate their operations in the PMA. In case
of damages to PMA or other Service Provider property on the part of the Public Address
System (PAS) Service Provider the damages shall be recovered from the Public Address
System (PAS) Service Provider by the Purchaser.
20. Be responsible for the conduct and functioning of all staff employed on the Public Address
System (PAS) project towards passengers and PMA staff as well as authorized staff of other
relevant government agencies. The service provider shall ensure efficient services, polite
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and courteous behavior of its employees. The Service Provider shall be liable for any
misconduct or unreasonable offense of its employees and shall take prompt and appropriate
action.
21. Participate in all meetings, committees, etc., as directed by PMA from time to time.
22. Ensure prompt and efficient 'response time' related to all service delivery aspects.
24. Timely raise alerts to the PMA control center staff in case of issues with equipment or
system functioning.
25. Ensure scalability of the Public Address System (PAS) to cater to the future requirements and
needs.
26. Take prompt and reasonable action for resolution of each complaint, received from PMA,
related to Public Address System (PAS) operations and generate log of each complaint along
with the details of the resolution.
27. Adequate resources from the contractor’s side must be available to ensure smooth
operations of Public Address System (PAS).
28. Purchaser reserves the right to purchase additional Public Address System (PAS) solutions
from any other third party through competitive bidding as per the specifications mentioned
in the tender document. The Contractor is responsible to integrate with all such Public
Address System (PAS) solutions in an efficient & timely manner.
29. The Contractor is liable to cooperate fully with the assigned Information System
Auditor’s and shall extend all necessary access, support & cooperation for the completion of
said audits (as and when required).
30. The Contractor is responsible for operating the entire Public Address System (PAS) including
all its components and peripherals, reliably and securely at all times during the course of the
contract. After completing the initial system deployment, User Acceptance Testing (UAT)
and Commissioning of the system, the Contractor shall not make any changes to the system
configuration parameters and security settings without prior written approval of the Client
in a timely manner.
Services are required during operation hours 7 days a week and 365 days a year.
Any breach of defined service level will entail penalties; service level parameters are outlined in
Annexure-J.
a. Provide Public Address System (PAS) service provider necessary project site so that Public
Address System (PAS) service provider can perform its obligations in a timely manner.
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c. Contract signing, Contract Payments and monitoring project and operations.
d. Not hold the Service Provider responsible for delays, if any, in deploying equipment due to
improper/incomplete construction by the Civil works contractor engaged by PMA. Improper
construction shall be deemed to include all equipment/material deployed by the Civil Works
Contractor, that does not meet the design specifications subject to rejection of such
equipment/material by the design/supervision Consultant engaged by the PMA.
The Tenderer/bidder shall bear all costs / expenses associated with the preparation and
submission of the bid and the Purchaser shall in no case be responsible / liable for those costs /
expenses.
Joint venture/Consortium is also eligible for this tender, as long as the joint venture complies with
the following conditions:
a. The Tenderers may form a joint venture of maximum four Tenderers/bidders. An
Agreement Deed legally executed to that effect, or a Memorandum of Understanding
(MOU), signed by all the partners shall be submitted with the Tender and shall remain
valid throughout the currency of the Contract.
b. One partner of formulated joint venture will be designated the lead partner and would be
get into legal contract with the Purchaser and would be liable to incur liabilities, receive
payments and receive instructions for and on behalf of any or all partners. A power of
attorney to that effect, legally executed, signed by all the partners shall be submitted with
the Tender/bid.
c. There must be at least one locally registered company (Partner) of good repute, with
relevant experience and proven track record, in the joint venture.
d. All the partners shall be jointly and severally liable for the execution of the Contract in
accordance with the terms and conditions of the Contract. The Tender, and in case of
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successfully qualifying both technical and financial evaluation, the Contract Deed, to that
effect, shall be signed by the lead partner.
e. Partners other than the lead would also be bound by the terms and conditions of the
contract.
f. No partner of the formulated joint venture can be replaced, removed or added without the
prior approval of purchaser.
The Tenderer is expected to examine the Tender Document, including all instructions and terms
and conditions thereof.
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(CD/DVD/USB) of Microsoft Word/Excel file format (as applicable) of offered bid documents
(technical section only) prepared by the bidder (not manufacturer) must be furnished. Each
proposal shall be in two sets bid i.e. the original and the copy.
19.14 In the event of any discrepancy between the original and the duplicate, the original shall
govern.
19.15 The Technical Proposal shall contain following, without quoting the price:
19.15.1 Technical Proposal Form (Annexure-A)
19.15.2 Bid Security as per Clause 21 of this tender document
19.15.3 Affidavit and Undertaking (All terms & conditions and qualifications listed anywhere
in the RFP have been satisfactorily vetted) (Annexure-E & F)
19.15.4 Covering letter duly signed and stamped by authorized representative. (Annexure-C)
19.15.5 Authorized Certificate / document from the principle / manufacturer / authorized
dealer.
19.15.6 Evidence of eligibility of the Tenderer and the Services.
19.15.7 Evidence of conformity of the Services to the Tender Document
19.15.8 Technical Brochures / Literature
19.15.9 The document must be signed by the authorized representative of the Bidder
19.15.10 Financial Capacity as per Annexure-I
19.15.11 Valid Registration Certificate for Income Tax, Sales Tax and / or other allied
agencies / organizations / regulatory authorities (Principal, Local Representative
Company).
19.15.12 Income Tax & Sales Tax Returns for the last three tax years.
19.15.13 Power of Attorney, if an authorized representative is appointed (Annexure-
D)
19.15.14 Equipment list, as per (Annexure-M)
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19.19 The Tenderer shall follow the same process for the Financial Tender and enclose bid security
in a sealed envelope but as part of the Original Financial Proposal envelope.
19.20 The Tenderer shall again seal the sealed envelopes of Original Technical Proposal and the
Original Financial Proposal in an outer envelope, duly marking the envelope as under:
19.21 The Tenderer shall again seal the sealed envelopes of Duplicate Technical Proposal and the
Duplicate Financial Proposal in an outer envelope, duly marking the envelope as under:
Strictly Confidential
Open on [Last Date of submission of the Tender]
19.22 The Tenderer shall enclose soft copies of the Technical Proposal, including all Forms,
Annexes, Schedules, Charts, Drawings, Documents, Brochures, Literature, etc., in the form of
MS Word Documents, MS Excel Worksheets and Scanned images, with the hard copies.
19.23 This is made obligatory to affix authorized signatures with official seal on all original and
duplicate (copies) documents, annexures, copies, certificates, brochures, literature, drawings,
letters, forms and all relevant documents as part of the bids submitted by the tenderer.
18
20.1.1 best / final / fixed and valid until completion of all obligations under the Contract
i.e. not subject to variation / escalation escalation other than as specified in Clause
46;
20.1.2 Inclusive of all charges up to the delivery point at the Project site in Lahore for
Public Address System (PAS) related components;
20.1.3 in Pak Rupees (PKR);
20.1.4 Is inclusive of all applicable taxes, duties, levies, insurance, freight, etc., as per Laws
of the Government of Pakistan, but shall be exclusive of Sales Tax on Services which
shall be added by the Purchaser over and above the quoted amount, as
applicable/required under the relevant Tax Laws, to arrive at the Contract Price.
Accordingly, the Contract Price shall be subject to adjustments for change in rate of
Sales Tax on Services.
20.1.5 If not specifically mention in the Tender, it shall be presumed that the quoted price
is as per the above requirements.
20.2 Where no prices are entered against any item(s), the price of that item shall be deemed to
have been distributed among the prices of other items, and no separate payment shall be
made for that item(s).
20.3 The price hereby quoted by the Bidders would cover the whole scope of works/services for
the contract period.
19
22. Tender Validity
The Tender shall have a minimum validity period of one hundred and eighty days (180) from the
last date for submission of the Tender. The Procurer may solicit the Tenderer's consent to an
extension of the validity period of the Tender. The request and the response thereto shall be made
in writing. If the Tenderer agrees to extension of validity period of the Tender, the validity period of
the Tender security shall also be suitably extended. The Tenderer may refuse extension of validity
period of the Tender, without forfeiting the Tender security.
23.1 The Tenderer may, by written notice served on the Procurer, modify or withdraw the
Tender after submission of the Tender, prior to the deadline for submission of the Tender.
23.2 The Tender, withdrawn after the deadline for submission of the Tender and prior to the
expiration of the period of the Tender validity, shall result in forfeiture of the Tender Security.
24.1 Tenders shall be opened, at the venue as per schedule stipulated in Section III (in Important
Dates) above, in the presence of the Tenderer(s).If available, all Bidders shall ensure their
presence without further invitation.
24.2 The Tenderer's name, modifications, withdrawal, security, attendance of the Tenderer and
such other details as the Procurer may, at its exclusive discretion, consider appropriate, shall
be announced and recorded.
24.3 No tenderer or its representative shall be allowed to keep any digital device (camera, audio
recorder, cell phone etc.) during tender opening meeting at given time and location. Non-
compliance will cause the rejection of respective bidder.
The Procurer shall have the right, at his exclusive discretion, to require, in writing, further
information or clarification of the Tender, from any or all the Tenderer(s). No change in the price or
substance of the Tender shall be sought, offered or permitted except as required to confirm the
corrections of arithmetical errors discovered in the Tender. Acceptance of any such correction is
sole discretion of the purchaser.
26.1 The Procurer shall determine the substantial responsiveness of the Tender to the Tender
Document, prior to the Tender evaluation, on the basis of the contents of the Tender itself
without recourse to extrinsic evidence. A substantially responsive Tender is one which:
26.1.1 meets the eligibility criteria for the Tenderer for the Services;
26.1.2 meets the Technical Specifications for the Services;
26.1.3 meets the delivery period / point for the Services;
26.1.4 meets the rate and limit of liquidated damages;
26.1.5 offers fixed price quotations for the Services;
26.1.6 is accompanied by the required Tender Security as part of Financial bid envelope;
26.1.7 is otherwise complete and generally in order;
26.1.8 Conforms to all terms and conditions of the Tender Document, without material
deviation or reservation.
26.2 A material deviation or reservation is one which affects the scope, quality or performance
of the Services or limits the Purchaser's rights or the Tenderer's obligations under the Contract.
26.3 The Tender determined as not substantially responsive shall not subsequently be made
responsive by the Bidder by correction or withdrawal of the material deviation or reservation.
However, the Purchaser may waive off any minor non-conformity or inconsistency or
20
informality or irregularity in the Tender; but subject to approvals of Tender Evaluation
Committee.
28.1 The Procurer / Purchasershall have the right, at his exclusive discretion, to increase /
decrease the quantity of any or all item(s) of services required without any change in unit
prices or other terms and conditions, accept a Tender, reject all tender(s), cancel / annul the
Tendering process at any time prior to award of formal Contract, without assigning any reason
or any obligation to inform the Tenderer of the grounds for the Procurer’s/ Purchaser's action,
and without thereby incurring any liability to the Tenderer and the decision of the Purchaser
shall be final.
28.2 The Tender shall be rejected if it is:
28.2.1 substantially non-responsive; or
28.2.2 submitted in other than prescribed forms, annexes, schedules, charts, drawings,
documents / by other than specified mode; or
28.2.3 incomplete, un-sealed, un-signed, printed (hand written), partial, conditional,
alternative, late; or
28.2.4 subjected to interlineations / cuttings / corrections / erasures / overwriting; or
28.2.5 the Tenderer submits more than one Tenders against; or
28.2.6 the Tenderer refuses to accept the corrected Total Tender Price; or
28.2.7 the Tenderer has conflict of interest with the Purchaser; or
28.2.8 the Tenderer tries to influence the Tender evaluation / Contract award; or
28.2.9 the Tenderer engages in corrupt or fraudulent practices in competing for the
Contract award.
28.2.10 there is any discrepancy between bidding documents and bidder’s proposal i.e. any
non-conformity or inconsistency or informality or irregularity in the submitted bid.
28.2.11 the Tenderer submits any financial conditions as part of its bid which are not in
conformity with tender document.
28.2.12 the Tenderer refuses or fails to submit the Performance Security as per agreed
timelines, amount, currency and format.
The Purchaser shall, send the Acceptance Letter (LOA) to the successful Tenderer, prior to the
expiry of the validity period of the Tender, which shall constitute a contract, until execution of the
21
formal Contract. However, the Purchaser reserves exclusive rights to cancel the Acceptance
letter(LOA) at any time without giving any reason thereof.
31.1 The Procurer shall constitute a committee comprising of odd number of persons, with
proper powers and authorizations, to address the complaints of bidders that may occur prior
to the entry into force of the procurement contract.
31.2 Any bidder feeling aggrieved by any act of the Procurer after the submission of his bid may
lodge a written complaint concerning his grievances not later than fifteen days after the
announcement of the bid evaluation report.
31.3 The committee shall investigate and decide upon the complaint within fifteen days of the
receipt of the complaint.
31.4 Mere fact of lodging of a complaint shall not warrant suspension of the procurement
process.
31.5 Any bidder not satisfied with the decision of the committee of the procuring agency may
follow the process mentioned vide Statutes and Regulations.
22
Contract for
Between
[Purchaser]
And
[Contractor]
Dated:
23
Table of Contents
32. Contract .............................................................................................................................................. 28
33. Contract Documents and Information ....................................................................................... 28
34. Contract Language ........................................................................................................................... 28
35. Standards............................................................................................................................................ 28
36. Patent Rights and Rights to the Contents of the Program .................................................. 28
37. Packing ................................................................................................................................................ 28
38. Insurance ............................................................................................................................................ 29
39. Warranty............................................................................................................................................. 29
40. Ownership of Spare Parts/Replaced Components................................................................. 30
41. Execution Schedule ......................................................................................................................... 30
42. Software Maintenance ................................................................................................................... 30
43. Taking-Over Certificate................................................................................................................... 30
44. Invoicing .............................................................................................................................................. 30
45. Payment .............................................................................................................................................. 30
46. Contract Price (Z) ............................................................................................................................. 31
47. Contract Amendment ..................................................................................................................... 32
48. Assignment / Subcontract ............................................................................................................. 32
49. Extension in Time for Performance of Obligations Under the Contract ......................... 33
50. Liquidated Damages ........................................................................................................................ 33
51. Forfeiture of Performance Security ............................................................................................ 33
52. Termination for Convenience....................................................................................................... 34
53. Termination for Default ................................................................................................................. 34
54. Termination for Insolvency ........................................................................................................... 35
55. Force Majeure ................................................................................................................................... 35
56. Dispute Resolution .......................................................................................................................... 35
57. Statutes and Regulations ............................................................................................................... 36
58. Taxes and Duties .............................................................................................................................. 36
59. Contractor to Inform Himself ....................................................................................................... 36
60. Contract Cost ..................................................................................................................................... 36
61. Authorized Representative ........................................................................................................... 37
62. Waiver ................................................................................................................................................. 37
63. Training ............................................................................................................................................... 37
64. Commercial Availability.................................................................................................................. 37
65. Labeling ............................................................................................................................................... 37
66. Delivery ............................................................................................................................................... 38
67. Installation and Implementation ................................................................................................. 38
68. Maintenance ..................................................................................................................................... 38
69. Updates ............................................................................................................................................... 39
70. Site Preparation ................................................................................................................................ 39
71. Power................................................................................................................................................... 39
72. Safety ................................................................................................................................................... 39
73. Support and Maintenance............................................................................................................. 39
74. Spare Parts and Support ................................................................................................................ 40
24
75. Inspection and Testing ................................................................................................................... 40
76. Service Level Agreement (SLA) .................................................................................................... 40
77. Non-Disclosure Agreement (NDA) .............................................................................................. 41
78. Blacklisting ......................................................................................................................................... 41
79. Special Stipulations.......................................................................................................................... 41
80. Technical Evaluation Criteria ........................................................................................................ 43
81. Financial Cost/ Price Schedule/ Bid Price / Form of Bid ....................................................... 45
25
I. Agreement
BY AND BETWEEN
The Punjab Masstransit Authority (PMA), established under The Punjab Masstransit Authority
Act 2015 (ACT XXXIII of 2015), 5th Floor, Arfa Software Technology Park, 346-B, Ferozepur Road,
Lahore,
through Managing Director, PMA (hereinafter referred to as “The Purchaser”), which expression
shall, wherever the context so permits or requires, mean and include its successors-in-interest,
nominees, legal representatives, executors, administrators, transferees, attorneys and permitted
assigns, on the ONE PART;
AND
[full legal name of Contractor], on the other part severally liable to the Purchaser for all of
the Contractor’s obligations under this Contract and is deemed to be included in any
reference to the term “Contractor.”
The Client and The Contractor are hereinafter collectively referred to as the "Parties" and
individually as the "Party"”.
RECITALS
WHEREAS,
(b) The Contractor, having represented to the Purchaser that it has the required
professional skills, personnel and technical resources, has agreed to provide
such Public Address System (PAS) and Services on the terms and conditions
set forth in this Contract.
The Contractor hereby covenants with the Purchaser to provide the Public Address System
(PAS) and Services in conformity in all respects with the provisions of the Contract, in
consideration of the payments to be made by the Purchaser to The Contractor.
The Purchaser 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 Public Address System (PAS) and Services and remedying of defects /
damage.
26
Documents relevant to the Contract
The following shall be deemed to form and be read and construe as part of this Contract:
This Contract shall prevail over all other documents. In the event of any discrepancy /
inconsistency within the Contract, the above Documents shall prevail in the order listed
above.
For [full legal name of the Purchaser]: For [full legal name of the Contractor]:
Signature Signature
Name Name
Witnessed By: Witnessed By:
WITNESSES
27
II. General Conditions of Contract
32. Contract
The Purchaser shall, after receipt of the Performance Security from the successful Tenderer,
send the Contract provided in the Tender Document with any modification mutually agreed
between the Purchaser & successful Tenderer, to the successful Tenderer. Within ten working
days of the receipt of such Contract, the Tenderer shall sign and date the Contract and return it
to the Purchaser.
The Contractor shall not, without the Purchaser'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 by or on behalf of the Purchaser in connection therewith,
except for purposes of performing the Contract or disclose the same to any person other than
a person employed by the Contractor in the performance of the Contract. Disclosure to any
such employed person shall be made in confidence and shall extend only as far as may be
necessary for purposes of such performance.
The Contract and all documents relating to the Contract, exchanged between Contractor and
the Purchaser, shall be in English. The Contractor shall bear all cost of translation to English,
wherever required, and shall be responsible for its accuracy.
35. Standards
a) The Goods and Services supplied under this Contract shall conform to the authoritative
latest/leading industry standards and best practices.
b) The replaced goods shall not generate interference that could adversely influence the
operation of other hardware, whether or not directly interfaced to it. The Service Provider
shall ensure that all replaced parts under this contract work on open communication
standards / protocols enabling connection to central control systems from different
manufacturers.
c) The Service Provider shall submit an undertaking to guarantee the availability of the spare
parts for Public Address System (PAS) offered under this contract for a period of five (05)
years from the date of expiry of initial warranty period of all hardware and goods forming
part of the Public Address System (PAS) to the Client.
d) The Service Provider shall be responsible to take all necessary permissions, no objection
certificates, clearances, etc. with the regional departments and relevant authorities.
The Contractor shall indemnify and hold the Purchaser 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. The Purchaser will hold the exclusive rights to the contents.
37. Packing
28
The Contractor shall provide such packing of the Public Address System (PAS) as is sufficient to
prevent their damage during storage / transit to their final destination as indicated in the
Contract.
Packing case size and weights shall take into consideration, where appropriate, the remoteness
of the final destination and withstand, without limitation, rough handling, exposure to extreme
temperatures, salt and precipitation at all points in storage / transit. The Contractor shall
arrange and pay for the packing of the Public Address System (PAS) to the place of destination
as specified in the Contract, and the cost thereof is included in the Contract Price.
38. Insurance
The Contractor shall provide such insurance of the Goods as is sufficient to protect 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 Purchaser.
39. Warranty
a) All warranties of the Goods/ Services and spare parts furnished to the Purchaser
shall be transferable to the Client.
b) The Contractor shall warrant to the Purchaser that the Goods/Services and spare
parts supplied under this contract are genuine, brand new, 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.
c) The Contractor shall further warrant that the Goods/Services supplied under this
Contract shall have no defects, arising from design, materials, workmanship or from
any act or omission of the Contractor that may develop under normal use of the
supplied Goods/Services.
d) The Contractor shall provide the Manufacturer’s warranty for a period which shall not
be less than three (3) years (hereinafter referred as Warranty Period), after
commissioning in respect of all Goods.
e) The Contractor shall be responsible for onsite warranty for all components, repair or
replacement of defective or damaged Goods or parts thereof, on its own cost and
expense.
f) All replacement Goods supplied under this contract shall include full warranty for the
remaining period of original warranty period. The Contractor shall ensure that
adequate spares are made available at all times to affect any repairs or replacement of
components within the warranty period.
g) All spare parts and component parts that are furnished shall be new, unused and
otherwise meet all requirements of the Contract Documents. All spare parts shall be of
high quality workmanship and no part or attachment shall be applied contrary to the
manufacturer's recommendations or standard practice.
h) The Contractor is encouraged to maintain inventory control of all spare parts. The
spare part inventory preferably should include all the types and quantities of parts
29
identified as spare parts in the "Equipment Manuals/Records" accompanying the
equipment. As a bare minimum, the spare parts' inventory should consist of critical
items whose failure would cause a system failure and items of high cost and/or long
lead-time, i.e. over thirty (30) working days. The spare part quantities determined by
the Service Provider to be below the required/recommended levels may be procured
on immediate basis.
Spare parts to be supplied to the Client, pursuant to this Contract, shall become the property
of the Client when the Goods are taken over by the Client upon expiry of the contract. All
defective components, to be replaced by the Contractor pursuant to the Contract, shall also
become the property of the Client.
The Contractor shall submit an Execution Schedule, giving details of services rendered, as
required under the Contract, to the Purchaser, within five (5) days of the signing of the
Contract.
Where applicable, the software release as deployed will be maintained free of charge
throughout the currency of the contract by the contractor/subcontractor with existing
features without any implications on cost. This is to assure that The Project will stay
operational within the existing scope. The Service Provider shall be responsible for Operations
and Maintenance of the Software during SLA/Operations and Maintenance Period.
a) The Service Provider shall, by written notice served on the Client, apply for a Taking-
Over Certificate at the voluntary or involuntary expiry of the contract.
b) The Client shall, within thirty days of receipt of Contractor's application, either issue
the Taking-Over Certificate to the Service Provider stating the date of successful
inspection / testing of the Public Address System (PAS) or any portion thereof, for their
intended purposes; or reject the application giving the reasons and specifying the work
required to be done by the Service Provider to enable the Taking-Over Certificate to be
issued.
44. Invoicing
The Contractor shall issue invoices to the Purchaser on quarterly basis, subject to payment
Clause # 45.
45. Payment
a) The Payment will be released for each component (as mentioned in financial bid
Performa mentioned in tender document filled by the Contractor ) on the submission
of invoices in duplicate by the Contractor however payment schedule for each
30
component except operation and maintenance part would be made in following
manner after satisfactory inspection report:
b. Deployment/Installation 30%
b) The Contractor shall ensure submission of invoice in duplicate for release of payment
by the Purchaser. The invoice shall accompanied by receipts or other documentary
evidence as the Purchaser may require; stating the amount claimed;
d) The Purchaser shall make payment for the Services provided, to the Contractor, as per
payment schedule through crossed cheque. All payments shall be subject to all taxes
applicable under the laws of Pakistan.
e) The Contractor shall submit a pro forma invoice to the purchaser, in accordance with
Clause No. 44, exclusive of Sales Tax on Services.
f) The Purchaser shall deduct the amount of penalties that may be levied in accordance
with the SLA (Annexure-J) from the amount claimed by the Contractor in the pro forma
invoice and issue a Certificate of Payment (COP) with a copy to the Contractor, so as to
determine/verify/approve the amount due exclusive of Sales Tax on Services, within
seven days of receipt of the pro forma invoice. Upon receipt of the COP, The
Contractor shall, within 03 working days, issue the Sales Tax Invoice equal to the
amount verified/determined/approved in the COP plus Sales Tax on Services.
h) The Purchaser shall pay the amount mentioned in the Sales Tax Invoice in favor of the
Successful Bidder/Service Provider, within twenty one (21) days of receipt of the Sales
Tax Invoice through crossed cheque.
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 Financial Proposal (Form of Bid/Financial Proposal Submission Form) or not agreed by
the Client as per this Contract. The quoted price, in the financial bid, is inclusive of all
applicable taxes, as per Laws of the Government of Pakistan, except Sales Tax on Services
31
which shall be added by the Client over and above the quoted amount, as applicable/required
under the relevant Tax Laws, to arrive at the Contract Price. Accordingly, the Contract Price
shall be subject to adjustments for change in rate of Sales Tax on Services as and when
applicable.
The bidder need not include escalation in cost for the contract period because the bid price
is completely indexed with consumer price index (CPI). All changes in CPI will be passed on
the bidder as per the mechanism given below.
The quarterly operation and maintenance bid price P shall be adjusted at the end of
each fiscal year for the change in consumer price index (CPI) since the bid submission
date.
The quarterly gross amount (exclusive of sales tax on services) Pn shall be as follows:
Where
( )
Where
En is the cumulative escalation in monthly price in PKR since the bid submission date.
CPIn is the value of consumer price index (CPI) on the last date of the previous fiscal
year as published by Pakistan Bureau of Statistics, i.e. 30th June 2021 for invoices
submitted for the period of 1st July 2021 and onwards and 30th June 2022 for invoices
submitted for the period 1st July 2022 and so on.
CPI0 is the value of consumer price index on the date of bid submission.
_______________________________________________________________________
Accordingly, the Contract Price shall be subject to adjustments for changes in:-
i. Sales Tax on Services rate as and when applicable
ii. CPI from every new financial year
a) The Client may, at any time, by written notice served on the Service Provider, alter,
amend, omit, increase, decrease or otherwise change the nature, quality, quantity
and scope, of all / any of the Services / the Works, in whole or in part.
b) The Service Provider shall, within ten working days of receipt of such notice, submit a
cost estimate and execution schedule of the proposed change (hereinafter referred to
as the Change), to the Client.
c) The Service Provider shall not execute the Change until and unless the Client has
allowed the said Change, by written order served on the Service Provider with a copy
to the Client.
d) The Change, mutually agreed upon, by exchange of letters, shall constitute part of the
obligations under this Contract, and the provisions of the Contract shall apply to the
said Change.
e) No variation in or modification in the Contract shall be made, except by written
amendment signed by both the Client and the Contractor.
a) The Service Provider will not assign or sub-contract its obligations under the Contract, in
whole or in part, except with the Client's prior written consent.
b) The Service Provider shall guarantee that any and all assignees/subcontractors of the
Service Provider shall, for performance of any part/whole of the work under the contract,
32
comply fully with the terms and conditions of the Contract applicable to such part/whole
of the work under the contract.
If the Contractor encounters conditions impeding timely performance of any of the obligations,
under the Contract, at any time, the Contractor shall, by written notice served on the
Purchaser, promptly indicate the facts of the delay, its likely duration and its cause(s). As soon
as practicable after receipt of such notice, the Purchaser 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.
b) However, the amount so deducted shall not exceed, in the aggregate, the value of the
performance security. The Liquidated Damages are attributable to such part of the
Services as cannot, in consequence of the failure / delay, be put to the intended use,
for every day between the scheduled delivery date(s), with any extension of time
thereof granted by the Purchaser, and the actual delivery date(s) (This penalty will also
be invoked on the commitments given by the Operator in the technical proposal)
a) If the Service Provider fails/delays in performing any of the obligations under the
Contract or violates any of the provisions of the Contract or commits breach of any of
the terms and conditions of the Contract or declines to comply with any requirements
of the relevant Tender Document and formal contract or fails to renew bank
33
guarantee; the Purchaser may, without prejudice to any other right of action/remedy
it may have, forfeit Performance Security or other security of the Contractor.
b) Failure to supply required Systems/Services within the specified time period shall
invoke penalty, as specified in (reference to Penalty Clauses/Annexure-J) of this
document. In addition to that, the Performance Security amount may also be
forfeited and the Contractor may not be allowed to participate in the Purchaser’s
future tenders as well.
34
appropriate, Public Address System (PAS), similar to those undelivered, and the
Contractor shall be liable to the Purchaser for any excess costs for such similar
Services. However, the Contractor shall continue performance of the Contract to the
extent not terminated.
f) If the Purchaser fails to comply with its obligation to make payments under the
Contract, the Contractor may, after giving not less than twenty one (21) days’ notice
to the
Purchaser, suspend work (or reduce the rate of work) unless and until the Contractor
shall continue performance of the Contract to the extent not terminated.
If the Service Provider becomes bankrupt or otherwise insolvent, the Client may, at any time,
without prejudice to any other right of action or remedy it may have, by a written notice
served on the Service Provider, indicate the nature of the insolvency and terminate the
Contract, in whole or in part, without any compensation to the Service Provider.
a) Force majeure shall mean any event, act or other circumstance not being an event, act or
circumstance under the control of the Client or of the Service Provider. Non-availability of
materials/supplies/spare parts or of import license or of export permit shall not constitute
Force majeure. If by reasons of Force Majeure supplies or services cannot be delivered by
the due delivery date, then the delivery date may be extended appropriately by the Client
keeping in view all the circumstances and requirements of the Client.
b) The Service Provider shall not be liable for liquidated damages, forfeiture of its
Performance Security, blacklisting for future tenders, termination for default, if, and
to the extent, his failure/delay in performance/discharge of obligations under the
Contract is the result of an event of Force Majeure.
c) If a Force Majeure situation arises, the Service Provider shall, by written notice served
on the Client, indicate such condition and the cause thereof. Unless otherwise
directed by the Client in writing, the Service Provider shall continue to perform 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.
d) 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 here under.
e) Force Majeure shall not include insufficiency of funds or failure to make any payment
required hereunder.
a) The Client and the Service Provider 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.
b) If, after thirty (30) working days, from the commencement of such informal
negotiations, the Client and the Service Provider have been unable to amicably
resolve a Contract dispute, either party may, require that the dispute be referred for
35
resolution by arbitration under the Pakistan Arbitration Act, 1940, as amended, by
arbitrators selected in accordance with said Law. The place for arbitration shall be
Lahore, Pakistan. The award shall be final and binding on the parties.
c) If the parties fail to resolve the dispute through mutual consultations then the matter
will be referred to a Dispute Resolution Board consisting of three arbitrators, one to
be appointed by each party and the third by the two appointed arbitrators.
d) If the Dispute resolution Board fails to settle the dispute within ten (10) days, or if the
parties fail to appoint arbitrators, the matter shall be referred to the Court under the
Arbitration Act of 1940. The award given by the arbitrators shall be final and binding
upon the parties to this agreement.
The Service Provider shall be entirely responsible for all taxes except Sales Taxes on Services,
duties and other such levies imposed by the concerned Local, Provincial and Federal authorities
in Pakistan, throughout the currency of the contract.
The Contractor is advised to obtain for himself, at his own cost and responsibility, all
information that may be necessary for execution of the Public Address System (PAS). This shall
include but not be limited to the following:
a) relevant laws, rules, and regulations of Pakistan including tax / sales tax to the
concerned authorities of Income Tax and Sales Tax laws/rules
c) Information regarding port clearance facilities, loading and unloading facilities, storage
facilities, transportation facilities and congestion at Pakistan seaports.
Investigations regarding transport conditions and the probable conditions which will exist at
the time the Equipment will be actually transported.
36
The Contractor shall bear all costs / expenses associated with the preparation of the Contract
and the Purchaser shall in no case be responsible / liable for those costs / expenses e.g.
Contract Stamp duty charges etc.
a) The Client or the Service Provider may, at their exclusive discretion, appoint their
Authorized Representative and may, from time to time, delegate any / 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.
b) 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.
c) Any such delegation or revocation shall be in writing and shall not take effect until
notified to the other parties to the Contract.
d) 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.
e) If the Service Provider questions any decision or instruction of the Authorized
Representative of the Client, the Service Provider may refer the matter to the Client
who shall confirm, reverse or vary such decision or instruction.
62. Waiver
Failure of either party to insist upon strict performance of the obligations of the other party,
under the Contract, shall in no way be deemed or construed to affect in any way the right of
that party to require such performance.
63. Training
a) The Contractor shall arrange and undertake an essential training program locally for
the staff nominated by the Purchaser to ensure that they shall acquire a good working
knowledge of supply of such Services to be supplied under the Contract.
The Public Address System (PAS) supplied under this Contract shall be commercially available
at the time of signing of the contract. Commercial availability means that such Public Address
System (PAS) shall have been sold, installed and operationalized in at least one (01)
installations globally and comply to open standards as listed in the tender document.
65. Labeling
37
The Public Address System (PAS) supplied under the Contract shall be clearly labeled so as to
correspond with the delivered documentation, with proper labeling scheme. All equipment,
cables, connectors, ports, boxes shall be clearly labeled.
66. Delivery
a) The Public Address System (PAS) setup delivery time is Seventy Five (75) calendar days
for delivery of Goods from the issuance of Acceptance Letter (LOA) with complete deployment,
commissioning and installation. The Contractor shall deliver the services at Lahore, as specified
by The Purchaser. The Public Address System (PAS) shall remain at the risk and under the
physical custody of The Contractor until the delivery/commissioning in the live environment is
completed.
b) The Contractor shall ensure that the Public Address System (PAS) shall be delivered
complete to enable the testing to proceed without interruption. If it shall appear to The
Purchaser that the Public Address System (PAS) have been or are likely to be delayed by reason
of incomplete delivery or for any other reasons, he may require the Contractor to dispatch the
missing items of the Public Address System (PAS) or suitable replacements thereof, at the
Contractor's expense, to the site of delivery by the fastest available means including air freight.
c) The Contractor will deliver all the equipment in the contractor warehouse and intimate
the Purchaser to inspect the Public Address System (PAS). Purchaser will nominate the
inspection team and will issue a certificate subject to satisfactory report of the inspection
team. All the expenses related to the warehousing and inspection will be borne by the
Contractor. The Contractor shall notify in writing to the Purchaser regarding its readiness for
such inspection and the Purchaser shall complete the inspection within 15 days of the receipt
of such notice.
a) The Contractor shall ensure that the implementation design of connectivity conforms
to an open standard by which new Public Address System (PAS) can be added without
disruption to existing IT Systems.
b) The Contractor shall deploy a set of programs and procedures to ensure system
recovery or roll back, when a fault is detected.
c) The Contractor shall provide all the recent patches and updates for
Firmware/Hardware, on a reliable media, with proper labeling, during the installation to The
Purchaser on free of Charge basis.
d) The Contractor shall configure the system for high availability and reliability, of
hardware as per Acceptance Letter (LOA) and specifications given in this Contract.
e) The Contractor shall submit detailed and complete installation, transition and cutover
plan for the new system, installation procedures for the new components specifying
equipment checkout, installation constraints, operational cutover, maintenance prior to The
Purchaser acceptance and if special security and/or access arrangements are required.
68. Maintenance
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All the patches updates as deployed shall be maintained free of charge throughout the project
life by the contractor/subcontractor with existing features without any implications on cost.
This is to assure that Public Address System (PAS) will stay operational within the existing
scope.
69. Updates
The Contractor during the contract period shall provide free of charge (FOC) updates for the
Public Address System (PAS), including but not limited to, any changes required due to
operational needs of the Purchaser subject to this Contract.
a) The Contractor shall be responsible to survey the central site, determine power, air
conditioning and floor space requirements etc., identify, for the proposed equipment (if
required).
b) The Purchaser shall facilitate the Contractor in discharge of the above responsibilities
and indemnify the Contractor for any delays in making such arrangements. Deployment time
mentioned in this Contract will be accordingly adjusted (if required).
71. Power
The Public Address System (PAS) supplied under the Contract, unless otherwise specified, shall
be capable of operating normally with single phase AC power, within the range of 220-240V at
50/60 Hz, and should be protected from over-voltage, over-heating and out-of-tolerance
current surges. Purchaser will be responsible for the provisioning of power at all stations.
72. Safety
a) The Contractor shall be responsible for security of all Public Address System (PAS)
equipment installed at the Stations, prior to deployment and commissioning.
b) The Purchaser has provisioned a lockable data cabin at each Metro station for joint use
by the different Contractors of the Project.
c) The Service Provider shall be responsible for the embedding of safety features in the
inherent design of the replaced goods for rectifying the cause of the malfunction and
for elimination of identified hazards, including but not limited to high voltage,
electromagnetic radiation, sharp points and edges, etc., and reduction of associated
risk to personnel and Goods.
d) The Service Provider shall be responsible for the detailed survey and submission of the
report in regards to the protection of the power sources, controls, and critical
components of the redundant systems and subsystems by shielding or physical
separation when possible.
The Contractor will support and maintain Public Address System (PAS) for the period of
contract including all renewals if applicable.
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74. Spare Parts and Support
a) The Contractor shall ensure that the Public Address System (PAS) provided by The
Contractor, under the Contract are standard and may incorporate all recent improvements in
design and materials, unless provided otherwise in the Contract.
b) The Contractor shall further ensure that the Public Address System (PAS) provided by
The Contractor, under the Contract shall have no defects, arising from design, materials,
installation, configuration, or from any act or omission of The Contractor that may develop
under normal use of the Goods.
c) The Contractor shall maintain sufficient backup stock of spare parts and tools, for the
maintenance of the supplied Public Address System (PAS), to be replaced/ repaired at
contractor’s cost for the time of contract including all renewals.
a) The Purchaser shall conduct the quantitative and qualitative inspection of the Public
Address System (PAS) and Services supplied under the Contract, to ensure the complete
delivery as per the Contract.
b) The Purchaser’s post-delivery right to inspect, test and, where necessary, reject the
Public Address System (PAS) shall in no way be limited or waived by reason of pre-delivery
inspection, testing or passing of the Goods.
c) The inspections and tests shall be conducted at the premises of the Contractor / its
subcontractor(s) / at the final destination. Where conducted at the premises of the Contractor
/ its subcontractor(s), / the final destination shall provide all-reasonable facilities and
assistance, including access to drawings, production data and online verification from official
web site of the Manufacturer, to the Inspectors, at no charge to The Purchaser.
d) The Purchaser may reject the Public Address System (PAS) and Services if they fail to
conform to the Technical Specifications/Requirements, in any test(s) or inspection(s) and The
Contractor shall either replace the rejected Public Address System (PAS) and Services or make
all alterations necessary to meet the Technical Specifications/Requirements, within seven (7)
working days, free of cost to The Purchaser.
The Purchaser will sign a Service level Agreement (SLA), attached at Annexure-J to this
contract, with the Contractor; which will be read as part of this Contract. The Purchaser has the
40
right to amend the Service Level Agreement at any time with mutual consent of the Contractor.
The changes will be communicated to the Contractor and shall binding on it.
The Purchaser shall share with the Contractor documentary evidences of all infractions leading
to levy of penalties. The Contractor shall be accorded an opportunity to explain its position and
present compelling counter-evidences. The Purchaser shall consider the Contractor’s
explanation and render its decision, which shall be final and binding upon the Contractor, prior
to finalizing the Certificate of Payment (COP).A Standard Operating Procedure (SOP) mutually
agreed between both parties shall be devised pursuant to signing of the Contract so as to
ensure judicious implication of penalties.
78. Blacklisting
a) If The Contractor fails / delays in performance of any of the obligations, under the
Contract / violates any of the provisions of the Contract / commits breach of any of
the terms and conditions of the Contract The Purchaser may, at any time, without
prejudice to any other right of action / remedy it may have, blacklist The Contractor in
accordance with PPRA Rules 2014, either indefinitely or for a stated period, for future
tenders in Public Sector.
b) The Contractor/Bidder is found to have engaged in corrupt or fraudulent practices in
competing for the award of contract or during the execution and currency of the
Contract, The Purchaser may, at any time, without prejudice to any other right of
action / remedy it may have, blacklist The Contractor/Bidder in accordance with PPRA
Rules 2014, either indefinitely or for a stated period, for future tenders in public
sector.
41
the Tender Document to the Purchaser;
iv. Denominated in Pak Rupees;
v. Having a minimum validity period of one year from the
date of Award Notification or until the date of expiry of
yearly support period.
vi. With an undertaking to renew the Bank Guarantee on a
yearly basis, before the end of each year, one month
before the expiry period of the submitted bank
guarantee.
In order to effect release of main Performance Security, the
successful Tenderer shall be required to submit a request in
writing along with a fresh Bank Guarantee/Pay-order for the
amount of 10% of annual amount of quoted O&M services.
However, the procurer shall not release the main Performance
Security until three year after the commencement of the O&M
services and only subject to satisfactory performance of the
system.
Start operation of Services Fully functional Public Address System (PAS) setup at 27 stations of
after installation, LMBS within 75 Calendar Days from the issuance of LOA.
configuration, deployment,
commissioning, testing,
and training
Liquidated damages for failure a) In case of non-compliance of delivery schedule as per the
/ configuration of Services by tender document/LOA/Contract, if the Contractor fails /delays in
the Contractor performance of any of the obligations, violates any of the provisions
commits breach of any of the terms and conditions mentioned vide
subject tender document, the Purchaser may, without prejudice to
any other right of action / remedy it may have, deduct from the
Contract Price, as liquidated damages, a sum of money as per
following schedule:
LD per day = (Factor F x Performance Guarantee/100)
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80. Technical Evaluation Criteria
A point system will be used for technical qualifying for the contractors.
PASS MARKS: An eligible bidder, based on conditions listed in Section below, not meeting the
60% pass mark limit will be rejected in Technical evaluation, and its Financial Proposal will be
returned to it unopened. All bidders scoring greater than or equal to 60% of the marks will be
accepted in technical proposal, and their respective financial bids will be opened as per rules
and regulations.
According to the Technical Proposal, the Technical bids will be rated as follows. Bidders may
fill in the below evaluation sheet and do their own evaluation for submission, but the
evaluation done by the Procurer/ Evaluator shall be the valid evaluation and shall hold:
For each component listed below, provide detailed specifications with relevant materials including
information on standards compliance.
Max. Documents
Sr No. Criteria Marks Comment/Description required
Number of Similar Contract
Projects Document OR
1 implemented with Letter of Award
25 5 Points per project but no more than
atleast 15 OR Any other
25
Speakers in last 10 valid document
years. for evidence
Number of Completion
Cumulative Project Certificates,
years of O&M Contract
Y=∑ (No. of years of M&S)
Experience of Document OR
Y>10 years (20 points)
Maintenance & Any other valid
Y>06 up to 10 years (15 points)
2 Support (M&S) of 20 document for
Y>03 up to 06 years (10 points)
Public Address evidence
Y>01 up to 03 (5 points)
System of atleast (In case of JV,
Y=0 (zero point)
15 Speakers from applies to all
commencement members
date of project(s). separately)
No. of Project 1 or more PMs = 10 Points 1.Cvs of PMs
Managers (PM) Else = 0 points outlining Project
3 with atleast 3 wise experience
10
years of Project and
Management’s 2. Certification
Experience of Employment
Team members in 4 or greater = 10 Points 1.Cvs of staff
the equipment 3 = 8 points outlining the
maintenance team 2 = 6 Points maintenance
4 with more than 3 10 1 = 3 Points experience and
43
years of Else = 0 Points 2. Certification
experience in the of Employment
related field
(Audited
≥ PKR. 12 M = 10 Points Financial
Average Annual
≥ PKR. 9 M &< PKR. 12 M= 8 Points Statements for
Turnover last
≥ PKR. 6 M&< PKR. 9 M = 5 Points the Fiscal years
5 three years in 10
≥ PKR. 3 M&< PKR. 6 M = 2 Points 2018-2019,
Millions
≥ PKR. 1 M&< PKR. 3 M = 1 Point 2019-2020,
Else = 0 Points 2020-2021 OR
Calendar Years
2017-2018,
2018-2019,
2019-2020
whichever is
applicable in the
country origin of
operations) OR
tax returns.
(Audited
Financial
Statements for
the Fiscal years
2018-2019,
2019-2020,
Average Net 2020-2021 OR
≥ PKR.9 M = 10 Points
Worth Last three Calendar Years
≥ PKR. 7 M&< PKR.9 M = 8 Points
Year in Millions 2017-2018,
6 10 ≥ PKR. 5 M&< PKR. 7 M = 5 Points
(Total Assets - 2018-2019,
≥ PKR. 3 M&< PKR. 5 M = 2 Points
Total Liabilities) 2019-2020
≥ PKR. 1 M&< PKR. 3 M = 1 Point
whichever is
Else = 0 Points
applicable in the
country origin of
operations) OR
wealth
statement filed
with FBR.
TOTAL 85 Minimum Passing Marks = 60%
44
81. Financial Cost/ Price Schedule/ Bid Price / Form of Bid
(Will be used for the purposes of estimating and analyzing solution costs)
Bid Price
Technically qualified bidders with the lowest value in “Z” will be considered
successful.
Price Table:
Unit
Price* Total Price*
Tentative
(inclusive (inclusive of
Item Quantity all taxes)
S No. Particulars of all
No.
taxes)
1 Wall Speakers 162
2 Audio Mixer Amplifiers 54
3 Microphones 54
1 4 DVD Players 54
5 12U Racks 54
Total Price (Supplies) X
Quarterly Operation and Maintenance Cost P
Operation and Maintenance Cost for three (3) years Y=12 x P
Total Bid Price (Supplies & three (3) years O&M Cost) U= X + Y
Z (To be Filled
by
the Purchaser
as
Total Contract Price Listed Below)
Important note:
i. The financial bid is inclusive of all applicable taxes, as per Laws of the Government of
Pakistan, but is exclusive of all Sales Tax on Services which shall be added by the Client over
and above the quoted amount, as applicable/required under the relevant Tax Laws, to arrive
at the contract price. Accordingly, the Contract Price shall be subject to adjustments for
change in rate of Sales Tax on Services as and when applicable.
ii. Z=X + (Y x 1.16)
45
iii. Installation of equipment along with successful testing and commissioning will
be the responsibility of bidder for which bidder may not propose price
separately.
iv. New stations and/or modules may be added at any time during the contract period
(per Station, per module, as the case may be) as mentioned above in Price Table.
v. O&M payments will be made on a prorated basis by the Purchaser subject to un-
availability of systems or portion thereof.
vi. No advance payments will be made. Monthly payments will be made on a prorated basis by
the Client, taking into account the number of stations etc for which PAS services has been
successfully provisioned.
vii.
The bidder need not include escalation in cost for the contract period because the bid
price is completely indexed with consumer price index (CPI). All changes in CPI will be
passed on the bidder as per the mechanism given below.
The quarterly operation and maintenance bid price P shall be adjusted at the end of each fiscal
year for the change in consumer price index (CPI) since the bid submission date.
The quarterly gross amount (exclusive of sales tax on services) Pn shall be as follows:
Where
( )
Where
En is the cumulative escalation in monthly price in PKR since the bid submission date.
CPIn is the value of consumer price index (CPI) on the last date of the previous fiscal year as
published by Pakistan Bureau of Statistics, i.e. 30th June 2021 for invoices submitted for the
period of 1st July 2021 and onwards and 30th June 2022 for invoices submitted for the period
1st July 2022 and so on.
CPI0 is the value of consumer price index on the date of bid submission.
Date ___________
Place __________
Signature of authorized person
Name:
(Company Seal)
__________________
In the capacity of
Duly authorized by
Note: No cutting or overwriting is allowed. Any cutting or overwriting will lead to rejection of the financial bid.
46
Annexure-A: Technical Proposal Submission Form
Dear Sir,
We also confirm that the Government of Pakistan / Punjab has not declared us, or
any, ineligible on charges of engaging in corrupt, fraudulent, collusive or coercive practices.
We furthermore, pledge not to indulge in such practices in competing for or in executing the
Contract, and we are aware of the relevant provisions of the Proposal Document.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature
(In full and initials)
Name and Designation of Signatory
Name of Firm
Address
47
Annexure-B: Financial Proposal Submission Form (Part of Financial Bid
Envelope)
[Location, Date]
To _(Name and address of Procurer/Evaluator)_
Dear Sir,
Our Financial Proposal shall be binding upon us subject to the modifications resulting
from Contract negotiations, up to expiration of the validity period of the Proposal, i.e.
before the date indicated in _______ of the Proposal Data Sheet.
We also declare that the Government of Pakistan / Punjab has not declared us or any
Sub-Contractors for any part of the Contract, ineligible on charges of engaging in corrupt,
fraudulent, collusive, or coercive practices. We furthermore, pledge not to indulge in such
practices in competing for or in executing the Contract, and are aware of the relevant
provisions of the Proposal Document.
We understand you are not bound to accept any Proposal you receive.
Signed
In the capacity of:
48
Annexure-C: Format for Covering Letter
To
(Name and address of Procurer/Evaluator)
Sub: ________________________________________________.
Dear Sir,
a) Having examined the tender document and Appendixes we, the undersigned, in
conformity with the said document, offer to provide the said items on terms of
reference to be signed upon the award of contract for the sum indicated as per
financial bid.
c) We agree to abide by this proposal 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.
e) Unless and until a formal agreement is prepared and executed this proposal together
with your written acceptance thereof shall constitute a binding contract agreement.
f) 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.
g) We would like to clearly state that we qualify for this work as our company meets all
the pre-F criteria indicated on your tender document. The details are as under:
_________________________
Authorized Signatures with Official
Seal
49
Annexure-D: Instructions for preparation of power of attorney
a) To be executed by an authorized representative of the bidder.
b) 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.
c) Also, wherever required, the Bidder 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 Bidder.
50
Format of Power-of-Attorney
POWER OF ATTORNEY
(On a Legal / Revenue Stamp Paper of PAKISTAN / of the bidder’s country in the relevant
value OR on the bidder’s letter head officially signed and stamped)
We (name of the company and address of the registered office) do hereby appoint and
authorize Mr. / Ms. (full name and residential address) bearing Pakistan’s Computerized
National Identity Card (CNIC) no. (complete CNIC no.) who is presently engaged with us and
holding the position of as our attorney, to do in our name and on our behalf, all such acts,
deeds and things necessary in connection with or incidental to our proposal for (name of
the project) in response to the tenders invited by the (name of the Purchaser) including
signing and submission of all documents and providing information/responses to (name of
the Purchaser) in all matters in connection with our Bid.
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney
pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid
attorney shall and shall always be deemed to have been done by us.
For ________________________________
(Signature)
(Name, Designation and Address)
Accepted
(Signature)
(Name, Title and Address of the Attorney)
Date:
51
Annexure-E: Undertaking
UNDERTAKING
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 tender and is liable to any punitive action for furnishing false
information / documents.
Signature
(Company Seal)
__________________
In the capacity of
52
Annexure-F: Affidavit
AFFIDAVIT
Integrity Pact
We _(Name of the bidder / supplier)_ being the first duly sworn on oath submit, that Mr. / Ms.
________ (if participating through agent / representative) is the agent / representative duly
authorized by _(Name of the bidder company)_ hereinafter called the Contractor to submit the
attached bid to the _(Name of the Procurer/Evaluator)_. Affiant further states that the said M/s
(Bidding Firm/Company Name) has not paid, given or donate or agreed to pay, given or donate to
any line officer or employee of the _(Name of the Procurer/Evaluator)_ any money or thing of value,
either directly or indirectly, for special consideration in the letting of the contract, or for giving
undue advantage to any of the bidder in the bidding and in the evaluation and selection of the
bidder for contract or for refraining from properly and thoroughly maintaining projects
implementations, reporting violation of the contract specification or other forms of non-compliance.
_________________
Signature & Stamp
53
Annexure-G: Tender Security Form
GUARANTOR
Signature __________________
CNIC # __________________
Name __________________
Designation __________________
Address__________________
54
Annexure-H: Performance Security
PERFORMANCE SECURITY
Issuing Authority:
Date of Issuance:
Date of Expiry:
Claim Lodgment Date:
WHEREAS [Name and Address of the Contractor] (hereinafter called "the Contractor") has agreed
to supply the Services and render the Services against Tender Name (hereinafter called "the
Contract") for the Contract Value of PKR (in figures ____________________) (in words
___________________________________).
AND WHEREAS it has been stipulated in the Tender Document that the successful Contractor shall
furnish Performance Security, within ten (10) working days of the receipt of the Acceptance Letter
from the Client, in the form of a Bank Guarantee, issued by a scheduled bank operating in Pakistan,
as per the format provided in the Tender Document to the Client, for a sum equivalent to
Rs.____________________( to 10% of the one (01) year contract value, on a yearly basis, with an
undertaking to renew the Bank Guarantee before the end of each year, one month before the
expiry period of the submitted bank guarantee) valid from the date of issue until 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 figures ____________________) (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 / argument and without the Client having to substantiate / prove or to show grounds /
reasons for such claim(s), on the occurrence of any / 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 within
thirty working days after the expiry of the Guarantee.
This guarantee shall remain valid up to ___________________ or all obligations have been fulfilled
in accordance with the Contract, whichever is earlier.
Date this ________________day of 20__.
GUARANTOR
Signature __________________
CNIC # __________________
Name __________________
Designation __________________
Address__________________
55
Annexure-I: Financial Capacity of the Bidder
Additionally, the following financial data form shall be filled out for the Bidder. The
Purchaser reserves the right to request additional information about the financial capacity
of the Bidder. A Bidder that fails to demonstrate through its financial records that it has the
financial capacity to perform the required Supply/Services may be disqualified.
Historical information for the previous three years
Financial Information
(most recent to oldest in (PAK Rupees)
Year 1 (Year) Year 2 (Year) Year 3 (Year)
Information from Balance Sheet:
(1) Total Assets (TA)
(2) Current Assets (CA)
(3) Total Liabilities (TL)
(4) Current Liabilities
(CL)
Information from Income Statement:
(5) Total Revenue (TR)
(6) Profits before Taxes
(PBT)
Net Worth (1) – (3)
Current Ratio (2) / (4)
Provide information on current or past litigation or arbitration over the last three (3) years
as shown in the form below.
Litigation or arbitration in the last three (3) years: No: _____Yes:______ (See below)
Litigation and Arbitration During Last three (3) Years
56
Annexure-J: Service Level Agreement
This SERVICE LEVEL AGREEMENT (SLA) is made on this ________ day of ___________, 2016 (hereafter to as
“SLA”
NOTE: SLA as listed below will be reviewed by PMA periodically and may be updated accordingly with mutual
consent. The amendments as made at the time of review will be binding on the contractor.
Scope:
The SLA describes target performance levels which the contractor must aim to deliver for the Services
outlined in tender document/contract. It also lists the procedures for managing unavailability of Services,
and associated penalties which will be applied if contractor fails to deliver any service performance targets in
accordance with this Agreement.
Service Monitoring:
PMA authorized personnel will check Service Level Compliance of the Contractor through the available
mechanisms, data and systems.
An overall uptime of 99.9% is expected from all components and services associated with PAS
(Components/Modules/Services as listed in tender document/ contract).
The contractor, through the monitoring system must provide the data that is sufficient to allow analysis
and reporting of performance and availability of components, equipment, modules – to the detail and
frequency described in this SLA.
The Contractor will additionally use data gathered from its monitoring of the Components to inform &
take approval from competent authority for its decisions in respect of any changes to its infrastructure
which in its sole discretion, deems necessary to maintain or improve the availability and performance of
the services delivered to PMA.
The contractor must use already available helpdesk / complaint management system i.e. ITMIS with
access to PMA authorized personnel.
Periodic reviews will be scheduled by the Government of the Punjab via its concerned departments and
organizations. The reports from the contractor’s service monitoring system shall form an agenda for such
reviews.
Scheduled Maintenance:
Scheduled maintenance should fall outside normal working hours, and not exceed a total of 4 hours per
month. The contractor must seek approval from the concerned government department and authorities for
all pre-planned/scheduled maintenance work by submitting a detailed maintenance work plan along with
reasons for scheduled maintenance, and impact on services (if any), and on service levels - at least one week
prior to planned execution of the scheduled maintenance work.
After completion of the planned work, the contractor will report the outcome to the concerned
department/authority in writing and by updating contractor’s call management system and associated
website. PMA will have access to call management system to log calls and to assign categories.
The contractor will be responsible for providing a mechanism to the client for taking reliable backups.
The contractor will ensure use of licensed software and products, where applicable.
57
The contractor must ensure that the support personnel are properly qualified to support all
software/hardware related issues.
The contractor will be responsible for providing timely and comprehensive analysis and reports to PMA
or the concerned department based upon the information/data gathered in the system.
The contractor would be responsible for security of the data being entered into and processed by the
applications.
The contractor will provide trainings to the PMA. The training should cover all operations of the system.
The contractor will also document all the training material and provide it to the client in any format
requested by the client.
The contractor will be responsible for timely resolution of reported issues. The contractor will also
ensure timely escalation of issues to the client and concerned government department as and when
required.
The contractor must ensure effective and efficient support via online complaint management system,
phone, email and onsite presence as and when needed throughout the period of contract.
Accurately and thoroughly logging service request into issue tracking system.
The focal person at the client is notified about the creation of all critical service requests through email,
SMS, and phone call and intimation on complaint management system.
Documenting all technical inquiries and developing solutions for the knowledge base.
Updating service requests in the issue tracking system with detail analysis of the issue, documenting each
step as it was solved.
Responding to service request via email, phone or in person.
Raising issues in the timely manner before they become critical show stoppers.
Escalating issues at the appropriate level in a timely and efficient manner.
Resolving issues both on site and remotely.
The contractor will be responsible for providing support throughout the period of contract. Application
support should cover aspects such as performance / load management, system /security hardening,
system configuration, patch management etc.
Contractor must submit and conform to a detailed, agreed upon quality management plan. The
contractor will follow up all closed tickets along with response time and quality services delivered to
ensure level of services provided to the client in reaching resolution.
The Contractor shall provide a step-by-step procedure for application recovery and take all necessary
actions to restore the system in a timely manner.
The IT system alongwith all components and configurations stays as the property of Client and shall be
transferred in fully operational condition on completion of support contract. No further payments will be
made at any time after 03 years warranty/support period.
Fault Level Categories as described below will be assigned by the Client; however Client may
amend based on factors as present on the ground.
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with a part of the
system which impacts
Urgent Within 1 hour Within 3 hours
decision-making and
there is a likelihood of
service loss.
The efficiency of the
system users is being
High Within 2 hours Within 6 hours
impacted, but a viable
workaround exists.
A fault with low
impact and no
Normal possibility of service Within 6 hours Within 12 hours
loss. A viable
workaround exists.
Resolution:
Time it takes to resolve the problem.
Issues as reported must be visible to all stakeholders involved via complaint management system. In
addition contractor must notify the fault to the Authority, via email, fax, and/or telephone, as soon as it
becomes aware of the fault, and must also keep the monitoring cell informed of progress towards
resolution in a timely manner. Any fault that is not fixed within the stated resolution time will be
escalated to the executive management of the contractor.
Faults/Issues/Complaints will not be closed until resolution is verified on the ground by PMA.
In case of breach of SLA parameters, penalties will apply. Depending upon the nature,
severity, and duration of the breach, penalties in the form of stated percentage of monthly
service charges will be imposed. Further to this client may invoke forfeiture of any amount of
performance guarantee deemed suitable, by requesting, purchaser in writing.
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Minimum service levels associated with various key aspects of the services, components, and
operations related to the Public Address System (PAS), are defined below:
Sr. Service
Service Parameter Validation Penalty
No level
Minutes of Meeting
Submission of 2% of monthly
Project (Approval of status
1 weekly status 100% charges for
Management reports by project in-
reports every default
charge)
If 95%-98.99%
calls resolved
on time, then
2% penalty on
monthly
charges.
90%-94.99%
calls resolved
Resolution of on time, then
issues logged as 5% penalty on
Generated from
per fault level monthly
2 Helpdesk 99% complaint
categories charges.
management system
definitions <90% of
above complaints
being resolved
on time, 10%
of monthly
charge.
In case of non-
availability of
Complaint
Management
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System due to
any reason ,
for complaint
lodging 10% of
monthly
charge.
If 95%-98.99%
are resolved
on time, then
System 2% penalty on
Configuration monthly
and Required charges.
System
Report 90%-94.99%
Configurations,
Generation resolved on
Change
3 Resolution 99% Report time, then 5%
Requests
logged as per penalty on
and Report
fault level monthly
Generation
categories charges.
definitions <90% of
above resolved on
time, 10% of
monthly
charge.
Provide
0.2% of
monthly MIS
95% Report monthly
Asset Inventory
charges
Reports
Stock/inventory
not being
Asset/Inventory available/
4 Management faulty must be
Conduct bi-
System Satisfaction report to fixed/
annual physical
100% be signed off by provided/
asset
authorities settled by
verification
contractor.
0.5% of 6
monthly
charges.
Evaluation of Management
contractor’s approval of 5% of
Quarterly
5 performance on 100% contractor’s quarterly
Evaluation
quarterly basis performance charges.
evaluation report
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Every
issue/complaint
reported by any
2% of monthly
stakeholder Status of tickets
charges for
6 Status Reporting must be made 99% logged in complaint
any slippage in
available on the management system
a month.
complaint
management
system
Contractor shall 5% penalty on
provide a route- monthly
cause report charges if the
every month if contractor
there are more does not
than 10 submit a
incidents of the 100% problem
same type. timely report for that
Root cause report
Successful submission month.
Problem incident report
7 Contractor covering all Another 5%
Management Document detailing
must take incidents penalty if
corrective action
appropriate and logged in contractor
timely that month does not
corrective perform
action to corrective
prevent further action for
issues from more than one
same cause. calendar
month.
2% of the
monthly
MIS of
charge on
Equipment 100% Report
every slippage
Malfunction
of one
calendar day
PAS can be considered
as malfunctioning
PAS
8 under the condition
Equipment
that the speakers are 5% of monthly
PAS not working, charge on
Malfunction/ 100% amplifiers, every slippage
Not Operational microphones, DVD of one
players Non- calendar day
operational etc.
Report
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Calculation of Uptime:
[{(Actual Uptime + Scheduled Downtime)/total number of operation hours in a month} * 100]
"Total Operation Hours" means the total hours over the measurement period i.e. one month (24
* number of days in the month for 24 hours operation and
18 * number of days in the month for 18 hours operation).
"Actual Uptime" means, of the Total Operation Hours, the aggregate number of hours in any
month during which each equipment is actually available for use.
"Scheduled Downtime" means the aggregate number of hours in any month during which each
equipment, is down during Total Operation Hours, due to preventive maintenance, scheduled
maintenance, infrastructure problems or any other situation which is not attributable to the
Contractor’s (or Contractor’s) failure to exercise due care in performing Contractor’s responsibilities.
The PMA would provide a maximum of 04 hours of planned downtime for the preventive
maintenance (as part of scheduled downtime) per month per equipment/service.
The downtime for scheduled maintenance would need to be mutually agreed between PMA and the
Contractor for 24/7 hours operation. To reduce this time, various maintenance activities can be
clubbed together with proper planning. The Scheduled Downtime is 0 if we are not having 24/7
hours operation.
Downtime Calculation:
The recording of downtime shall commence at the time of registering it with Contractor for any
downtime situation for the equipment. The registration could be done through auto alert, complaint
logging etc. Downtime shall end when the problem is rectified and the application/ service is
available to the user.
Down time will not be considered for Pre-scheduled preventive maintenance and health checks
(Scheduled Downtime).
If the PMA elects to continue the operation of the machine / equipment, when a part of the machine
is giving problem and leading to downtime, the commencement of downtime shall be deferred until
the PMA releases the machine / equipment to the Contractor for remedial action.
a) The compliance report shall be submitted monthly, by the Contractor.
b) These compliance reports shall be verified by PMA officials or the nominated representatives of
PMA. Any disputes on the compliance report shall be escalated to a nominee of the senior
management of PMA and the decision of that nominee shall be binding on both the parties.
c) The compliance to the SLA metrics as listed above shall be monitored on the monthly basis.
d) If PMA finds that the Contractor has breached any of the SLA Metrics more than three (3) times in
a year then PMA, in its sole discretion, may terminate the Agreement in accordance with the
provisions thereof. Such termination of the Agreement shall be without prejudice to any other rights
available to PMA.
e) The compliance report shall be submitted along with the Quarterly invoice by the Contractor.
Breach of SLA:
In case the Contractor does not meet the service levels mentioned in document, for three (3)
continuous time periods, it will be treated as a breach of the Service Level Agreement. The following
steps will be taken in such a case:
1. A show cause notice will be issued.
2. Contractor must respond to the notice within 3 working days
3. If PMA is not satisfied with the reply, it may initiate contract termination process.
Exclusions:
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The service provider will be exempted from delays or slippages on SLA parameters arising out of
delays in execution due to delay in approval or review from Government of Punjab’s side. Any such
delays will be notified in writing.
Monitoring and Auditing:
PMA will review the performance of Contractor against the SLA parameters each month, or at any
periodicity defined in the contract document. The review / audit report will form basis of any action
relating to imposing penalty or breach of contract.
Any such review / audit can be scheduled or unscheduled. The results will be shared with the
Contractor as soon as possible. PMA reserves the right to appoint a third-party auditor to validate
the SLA.
Reporting Procedures:
The Contractor will prepare and distribute to PMA the SLA performance reports in an agreed upon
format by the 3rd working day of subsequent month of the reporting period. The reports will include
“actual versus target” SLA performance, a variance analysis and discussion of appropriate issues or
significant events.
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Version Control:
All negotiated SLA changes will require changing the version control number. As appropriate, minor
changes may be accumulated for periodic release (e.g. every quarter) or for release when a critical
threshold of change has occurred.
Performance Reporting
The Contractor shall record performance and availability of each of the Client Components and
report this information to the Client. Where periodic account reviews are agreed by both parties
to be held between the Client and the Contractor, these reports will form an agenda for such
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reviews. The Contractor will enable the Client to view the reports via the Contractor’s service
system.
Complaints Procedure
If the Client has any complaints about the way in which the Contractor support facilities are being
managed, the Client Representative should contact the Contractor.
The maintenance shall include both Preventive Maintenance and Corrective Maintenance.
This Service Level Conditions shall cover each and every part/component of the System.
The Contractor shall examine, clean, lubricate and adjust various components/parts of
the entire System including all parts and components every month and shall take
necessary measures to maintain the units in proper working conditions in accordance
with the Specifications in the Service Level Conditions.
The Contractor shall supply and replace any part/components which are discovered to be
potentially detrimental to the safety of the user and/or to the efficient and cost effective
operation of the units and which require immediate replacement.
In case of need to replace any part/component, the Contractor shall provide original
make genuine non-refurbished parts/components of similar/higher quality.
In case of emergencies, the Contractor shall respond immediately to take the necessary
actions irrespective of the provisions regarding time limits.
The Contractor shall be liable for any kind of damage to the user of the units caused by
poor maintenance, delay in any repair/maintenance works and shall pay for the damage.
Repairs may be carried out generally during non-operational hours.
IN WITNESS whereof the parties here to have caused this Contract to be executed in accordance
with their respective laws the day and year first above written.
SIGNATURE: SIGNATURE:
NAME: NAME:
CNIC: CNIC:
DESIGNATION: DESIGNATION:
WITNESSES
SIGNATURE: SIGNATURE:
NAME: NAME:
CNIC: CNIC:
DESIGNATION: DESIGNATION:
66
SIGNATURE: SIGNATURE:
NAME: NAME:
CNIC: CNIC:
DESIGNATION: DESIGNATION:
SIGNATURE: SIGNATURE:
NAME: NAME:
CNIC: CNIC:
DESIGNATION: DESIGNATION:
67
Annexure-K: “Responsibility Matrix”
The responsibility matrix provides the bare minimum interface requirement. The successful bidder
shall interface with other vendors in accordance with the responsibility matrix as under:
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Annexure-L: Reference Specifications
Note: Referenced Specifications of the Major components are listed below. Bidder
should provision and integrate the complete solution on Turnkey basis.
Notes:
1. All Goods supplied as part of Public Address System (PAS) must carry industry standard
certifications to ascertain that the equipment have been manufactured and certified based
on international standards.
2. The Equipment supplied shall withstand the harsh working conditions of vibration, heat,
dust, moisture, rough usage, Radio interference.
Microphone
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Installation / Calibration/ Testing with all types of
required accessories such as all types of cabling 54
Installation of including Piping/Ducting(where required), desktop Nos.
Microphone stand, connector, power adapter (if required) ,
electrification etc. Commissioning and Integration of
entire Site System.
DVD Player
MP3 Yes
4.
1.Composite output
2.Component output
5. Connectivity (I/O)
3.Digital coaxial audio output
4.USB
6. Remote Control Yes
12U Rack
S. No Description Specification
1. Rack 12U Wall Mountable/Floor Standing Metallic
Rack with
1.Lockable glass door,
2.Built in fans
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Annexure-M: Equipment List
MUST BE SUBMITTED AS AN ANNEXURE IN SAME SEPARATE ENVELOPE
HIGHLIGHTED AS TECHINICAL PROPOSAL
Specification
Item Estimated Reference
Particulars Manufacturer Model
No. Quantity document/se
ction
1 Wall Speakers 162
2 Audio Mixer Amplifiers 54
3 Microphones 54
4 54
DVD Players
5 12U Racks 54
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