AGRICULTURE &COOPERATIVES DEPARTMENT BLOCK ‘2’, CIVIL SECRETARIAT GOVERNMENT OF BALOCHISTAN

QUETTA.

No. 1181 Dated: 19-6-2017

CONTRACT

FOR

Provision of Solar System for Agriculture Purpose to the Deserving

Farmers of District Kachhi.

MADE BETWEEN

THE DIRECTOR GENERAL, AGRICULTURAL ENGINEERING

DEPARTMENT, BALOCHISTAN, QUETTA.

AND

M/S AL-AKHUWAT ENTERPRISES , QUETTA.

CONTRACT No 1181____ .

THIS CONTRACT made at Quetta on the 19th day of June 2017 between the Director General, Agricultural Engineering Department , Balochistan,

Quetta (hereinafter called “the Purchaser”) of the one part and M/S Al-Akhuwat Enterprises, Quetta registered under the Laws of Pakistan (hereinafter called “the Supplier”) of the other part.

WHEREAS the Purchaser invited bids for SOLAR SYSTEM FOR 5 TUBE WELLS FOR

THE FARMERS OF KACHHI DISTRICT.

WHEREAS the Purchaser has accepted the Supplier’s bid No.AAE/GM/1706-251 dated 7-6-2017 May, 2016 regarding supply and fixing of Solar System for tube wells for the farmers of Kachhi district @

Rs.1704405/per solar system for 3 inches discharge per solar system at Kachhi District in the sum of Rs.8522025/-(Rupees eight million five

hundred twenty two thousand twety five only) (hereinafter called “the Contract Price”).

NOW THIS CONTRACT WITNESSETH AS FOLLOWS:

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

2. The following documents shall be deemed to form and be read and construed as an integral part of this Contract, viz.:

(a) the Contract;

(b) the General Conditions of the Contract (Annex-I); (c) the Special Conditions of the Contract (Annex-II). (d) the Schedule of Delivery (Annex-III)

(e) the Integrity Pact (Annex-IV).

3. The Supplier hereby covenants with the Purchaser to provide the goods and services and to remedy defects therein in conformity, in all respects, with the provisions of this Contract.

4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods and services and the remedying of defects

therein, the Contract Price or such other sum as may become payable under the provisions of this Contract and in the manner prescribed therein.

5. The Parties agreed that, in the event of dispute between them under or in connection with this Contract, the mechanism for resolution of disputes outlined in the General & Special Conditions of Contract shall be followed in

the manner specified therein.

IN

WITNESS whereof the parties hereto have caused this Contract to be

executed in accordance with their respective laws, on the day and year first above written.

(For & on behalf of the Purchaser) (For & on behalf of the Supplier)

(Abdul Manan Raisani) Director General,

Agricultural Engineering Department, Sariab Link Road,

Quetta

M/S Al-Akhuwat Enterprises,

Quetta

Annexure-I INSTRUCTIONS TO BIDDERS/TENDRERS

A. INTRODUCTION

1. SOURCE OF FUNDS AND SCOPE OF SUPPLY

1.1 Source of Funds

The funds for the said scheme namely “PROVISION SOLAR SYSTEM FOR

AGRICULTURE PURPOSE TO THE DESERVING FARMERS OF DISTRICT KACHHI” have been allocated in the PSDP 2016-17 Government of Balochistan, reflected at PSDP

No.148.

1.2 Scope of Supply

Sealed Tenders are invited from the interesting firms for acquiring the rate of Bid “FOR

SUPPLY AND INSTALATION SOLAR SYSTEM FOR AGRICULTURE PURPOSE FOR

THE FARMERS OF DISTRICT KACHHI”

2. ELIGIBLE BIDDERS, FOR THE WORK

Valid PEC registration /NTN /GST Registration

Sound financial standing

Deposit Renewal fee for the year 2016-17.

Specialization in CE04,EE11(solar energy code)

B. THE BIDDING DOCUMENTS

3. CONTENTS OF BIDDING DOCUMENTS

The goods/services required, bidding procedures and Contract terms are prescribed in

the Bidding Documents. The Bidding Documents include:

(a) Instructions to Bidders/Tenderers

(b) General Conditions of Contract

(c) Special Conditions of Contract

(d) Schedules of:

Prices

Deliveries

Technical Data

Qualification of Bidders

Performance Security

(f) General Specifications

(g) List of Goods/ services

(h) Bid Evaluation Criteria (financial)

C. PREPARATION OF BIDS

4. LANGUAGE OF BID

The bid prepared by the bidder/tenderer and all correspondence and documents

relating to the bid, exchanged by the bidder/tenderer and the Purchaser shall be

written in the English language.

5. DOCUMENTS COMPRISING THE BID

5.1 Each Bid shall comprise of one single envelope containing the financial proposal and

required information,

(a) Bid Form – Letter of Offer (duly filled, signed and stamped)

(b) Bid Bond/Bid Security

(c) Schedule of Qualification of Bidders/Tenderers

(d) Documentary evidence established that the bidder/tenderer is eligible to bid

and is qualified to perform the Contract if its bid is accepted.

(e) Documentary evidence of registration with Income Tax and Sales Tax Deptts.

(f) Schedule of Prices

(g) Schedule of Delivery/Work Done

6. BID SECURITY

6.1 The bidder/tenderer shall furnish as part of its bid, Bid Security equivalent to 2% of

total Bid Price.

6.2 The Bid Security is required against the risk of bidder's/tenderer’s conduct, which

would warrant the security's forfeiture.

6.3 The bid security of technically non-responsive bidders shall be returned within days

of declaration of their bid as non-responsive.

6.4 Bid security of responsive bidders shall be retained by the Procuring Agency till the

time the procurement contract has been signed with the lowest evaluated bidder and

deposit of performance guarantee, if required. Bid security of unsuccessful bidders at

this stage shall not be retained beyond thirty (30) days of award of contract.

6.5 The Bid Security may be forfeited:

withdraws its bid after opening but within the validity period,

does not furnish performance guarantee, if applicable,

does not sign the contract or

does not accept the correction of the quoted amount following the

correction of arithmetic errors.

(a) If a bidder/tenderer withdraws its bid during the period of bid validity

specified by the bidder/tenderer on the Bid Form or extended validity; OR

(b) in the case of a successful bidder/tenderer, if the bidder/tenderer fails:-

(i) to sign the Contract

(ii) to furnish Performance Security

(iii) If the information/data provided in the Bid by the Bidder/Manufacturer

is proved incorrect.

7. PERIOD OF VALIDITY OF BIDS

Bids shall remain valid for forty (90) days after the date of bid opening as prescribed

in the Invitation to Bid pursuant to BRRA Rules 2014.

D. SUBMISSION OF BIDS

8. SEALING AND MARKING OF BIDS

8.1 Each bid shall comprise a single package containing two envelopes in conformity

with Balochistan Public Procurement Rules-2014.

8.2 (a) The inner and outer envelopes shall:

(i) be addressed to Agricultural Engineering Department at the address

given.

(ii) bear the Project Name, Bid No. and Date of Opening of Bid.

(b) The inner envelope shall indicate the name and address of bidder/tenderer to

enable the bid to be returned unopened in case it is declared late.

(c) The bid shall be delivered in person or sent by registered mail at the address as

given.

9. DEADLINE FOR SUBMISSION OF BIDS

Bids must be received by Agricultural Engineering Department at the given address

no later than the time and date as given in Invitation to Bid.

10. LATE BIDS

Bids received after the date and time of bid closing will be returned to the

bidders/tenders unopened.

E. BID OPENING AND EVALUATION

11.2 Single envelope will be opened and Bid will be evaluated as per cost and

specification mentioned in the Bidding Documment.

11. OPENING OF BIDS

11.1 A committee comprising of nominated members as constituted by Agricultural

Department will open bids in the presence of bidder's/tenderer’s representative who

may choose to be present, at date and time and at the address mentioned in the

advertisement for bid invitation. The bidder's/tenderer’s representatives who are

present shall sign an attendance sheet evidencing their attendance.

11.2 The envelope marked “FINANCIAL PROPOSAL” will be retained in the custody of

the the Director General Agricultural Engineering Department Balochistan Quetta

without being opened.

11.3 The bidder's/tenderer’s names, modifications, bid withdrawals and the presence of the

requisite Bid Security and financial proposals and such other details as the Director

General Agricultural Engineering Department Balochistan Quetta at its discretion

may consider appropriate will be announced at the bid opening.

12. EVALUATION AND COMPARISON OF BIDS

12.1 After the evaluation and approval, the Director General, Agricultural Engineering

Department, Quetta will at a time, date and venue announced and communicated to

the bidders/tenderers in advance within the bid validity period publicly open the

financial proposals of the technically accepted bids only. The financial proposal of the

bids found technically non-responsive will be returned unopened to the respective

bidders/tenderers.

12.5 The Director General, Agricultural Engineering Department, Quetta will evaluate

financial proposals responsive bids in accordance with Bid Evaluation Criteria

(Financial). The comparative statement of bid offers based on evaluation shall be

prepared to determine the lowest evaluated bid.

12.6 Evaluation of the bid’s financial proposals will take into account in addition to the bid

price/rate the “Delivery/work Schedule offered in the bid”.

F. AWARD OF CONTRACT

13. POST QUALIFICATIONS

In the absence of pre-qualification, Agricultural Engineering Department will

determine to its satisfaction whether the bidder/tenderer selected as having submitted

the lowest evaluated bid is qualified to satisfactorily perform the Contract.

14. AWARD CRITERIA

Agricultural Engineering Department will award the Contract to the successful

bidder/tenderer whose bid has been determined to be substantially responsive and has

been determined as the most advantageous bid to Agricultural Engineering

Department, provided further that the bidder/tenderer is determined to be qualified to

satisfactorily perform the contract.

15. Agricultural Engineering Department’s RIGHT TO VARY QUANTITIES

Agricultural Engineering Department reserves the right at the time of award of

Contract to increase or decrease by up to 15% the quantity of Goods and Services

specified in the Schedule of Prices without any change in the unit price or other terms

and conditions.

16. Agricultural Engineering Department’s RIGHT TO ACCEPT ANY BID AND

TO REJECT ANY OR ALL BIDS

17. SIGNING OF CONTRACT

Upon presentation to and acceptance by Agricultural Engineering Department, the

Performance Security, the successful bidder/tenderer will be required to send to the

Director General Agricultural Engineering Department ,Balochistan within 7 days of

the receipt of Intimation. A representative with proper power of attorney for the

purpose of executing a Contract Agreement, in the form set-out in the Bidding

Documents, incorporating all agreements between the parties.

18. PERFORMANCE SECURITY

18.1 In case of award of Contract, a Performance Security in the form of pay order or

demand shall be required to be submitted by the supplier or contractor in the name of

Director General, Agricultural Engineering Department , Balochistan, Quetta as

permissible under BPRA Rules 2014..

18.2 The amount of Performance Security shall be ten percent (10%) of the contract price.

18.3 The Performance Security shall be released within 60 days of completion of the

contract subject to clearance of every things else

18.4 Failure to provide Performance Security or to sign the Contract within the period

indicated shall constitute ground for annulment of the award and forfeiture of bid

Security.

18.5 Pursuant to annulment of award and forfeiture of bid security, Agricultural

Engineering Department shall at its discretion, may consider:

i) Award of Contract to the 2nd lowest evaluated bidder; OR

ii) Call for Fresh Tenders

GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS

In this Contract, the following terms shall be interpreted as indicated:

(a) "The Contract" means the agreement entered into between the Purchaser and

the Supplier, as recorded in the Contract Agreement Form signed by the

parties, including all attachments and schedules thereto and all documents

incorporated by reference therein;

(b) "The Contract Price" means the price payable to the Supplier under the

Contract for the full and proper performance of its contractual obligations;

(c) "The Goods" means all of the equipment, machinery, and/or other materials,

which the Supplier is required to supply to the Purchaser under the Contract;

(d) "Services” means ancillary to supply of Goods, such as designing, detailing,

shop assembling, manufacturing, testing, transportation, insurance and other

obligations of the Supplier covered under the Contract;

(e) "The Purchaser" means the Organization purchasing the Goods under this

Contract

(f) "The Supplier" or "The Contractor" means the Authorized Dealer / Sale Agent

supplying the Goods under this Contract, its successors and assignees.

(h) "Sub-Contractor" means a person or persons, firm or company having a

contract with the Contractor for part of the supply including the supply of

materials, equipment or apparatus thereof;

(i) "Work" means that which is intended to be done by the Contractor in

accordance with the Contract.

2. QUALITY CONTROL, TESTING AND INSPECTION

2.1 The Purchaser or its representative shall have the right to inspect and/or to test the

Goods/services to confirm their conformity to the Contract.

2.2 Should any inspected or tested Goods fail to conform to the Specifications, the

Purchaser may reject these and Supplier shall either replace the rejected Goods or

make all alterations necessary to meet Specification’s requirements free of cost to the

Purchaser.

2.3 Two copies of all the inspection and test reports and certificates including those for

quality control shall be supplied to the Department. All such reports and certificates,

as have been witnessed shall be countersigned by the Engineer.

3. LIQUIDATED DAMAGES

If the Supplier fails to deliver any or all of the Goods or perform the services within

the time period(s) specified in the Contract.

The penalty should be only for the stores supplied late, except where the undelivered

stores hold up the use of delivered stores, in which case the liquidated damages

should be for the total value of the contract. The contractor

who refuses to pay liquidated damages for delayed supplies should be removed from

the list of approved contractors.

The liquidated damages shall be applicable as per BPPRA Rules 2014.

4. TERMINATION FOR DEFAULT

Agricultural Engineering Department may, without prejudice to any other remedy for

breach of Contract, by written notice of default sent to the Supplier, terminate the

Contract in whole or in part.

5. FORCE MAJEURE

5.1 The Supplier shall not be liable for forfeiture of its performance security, liquidated

damages or termination for default, if, and to the extent that, its delay in performance

or other failure to perform its obligations under the Contract is the result of an event

of Force Majeure.

5.2 For purposes of this Clause, "Force Majeure" means an event beyond the control of

the Supplier and not involving the Supplier's fault or negligence. Such events may

include, but are not restricted to, acts of Agricultural Engineering Department either

in its sovereign or contractual capacity, wars or evolutions fires, floods, epidemics,

restrictions and freight embargoes.

5.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Engineer in

writing of such condition and the cause thereof. Unless otherwise directed by the

Engineer in writing, the Supplier shall continue to perform its obligations under the

Contract as far as is reasonably practical, and shall seek all reasonable alternative

means for performance not prevented by the Force Majeure event.

6. TERMINATION FOR CONVENIENCE

Agricultural Engineering Department may by written notice sent to the Contractor,

terminate the Contract, in whole or in part, at any time for its convenience. The notice

of termination shall specify that termination is for Agricultural Engineering

Department convenience the extent to which performance of Work under the Contract

is terminated, and the date upon which such termination becomes effective.

7. APPLICABLE LAW

The Contract shall be interpreted in accordance with the Laws of Pakistan.

8. TAXES AND DUTIES

All taxes and duties levied for goods/ services shall be to the account of the

Contractor including income tax @6% and stamp papers @0.25% of the total cost of

contract.

SECTION I

SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract are deemed to be additional clauses or

shall supplement the "General Conditions of Contract". Whenever there is a conflict, the

provisions herein shall prevail over those in the "General Conditions of Contract".

1. QUALITY CONTROL, TESTING & INSPECTION

1.1 Inspection: Inspection of good/services will be carried out by the Inspection

Committee nominated by the department.

1.2 Acceptance of Materials: The Contractor of any of his responsibilities for meeting all

of the requirements of the Specifications and shall not prevent subsequent rejection if

such material or equipment is later found to be defective or not conforming to the

Specifications.

2 Delivery :- supply and fixing of Solar System for Tube well at Kachhi.

Consignee:- Agricultural Engineer ,Kachhi.

3. Terms of Payment

3.1 The inspection of goods /service will be carried out by the inspection committee and

bill will be submitted to the Director General for payment.

3.2 Liquidated Damages shall be paid to Agricultural Engineering Department by the

Contractor in the currencies mentioned/ approved in schedule of prices.

4. DESCRIPTION AND SCOPE OF GOODS/SERVICES

supply and fixing of Solar System for Tube well at Kachhi.

SCHEDULE OF PRICES

List of Beneficiaries

S.No. Name of Beneficiaries

1 killi Master Inayat

2 Zahir Sumalani, Kirta

3 Mir Shabir Ahmed Bangulzai, kirta

4 Muhammad Ali Jatoi,Saidri Dhadar

5 Muhammad Akram S/O Muhammad Afzal Mithari

SCHEDULE OF DELIVERY

FORM OF INTEGRITY PACT

DECLARATION OF FEES, COMMISSION AND BROKERAGE .ETC.

PAYABLE BY THE SUPPLIERS OF GOODS, SERVICES & WORKS

Contract Number: _____________________ Dated: ____________________

Contract Value: Rs. 8522025/-

ContractTitle: SUPPLY AND FIXING SOLAR SYSTEM FOR THE FARMERS

OF KACHHI DISTRICT.

M/S Al-Akhuwat Enterprises, Quetta (name of Supplier) hereby declares that it has not obtained

or induced the procurement of any contract, right, interest, privilege or other obligation or benefit

from Government of Balochistan or any administrative subdivision or agency thereof or any other

entity owned or controlled by it (GoB) through any corrupt business practice.

Without limiting the generality of the foregoing, M/S Al-Akhuwat Enterprises, Quetta (name of

Supplier) represents and warrants that it has fully declared the brokerage, commission, fees etc. paid

or payable to anyone and not given or agreed to give and shall not give or agree to give to anyone

within or outside Pakistan either directly or indirectly through any natural or juridical person,

including its affiliate, agent, associate, broker, consultant, director, promoter, shareholder, sponsor or

subsidiary, any commission, gratification, bribe, finder's fee or kickback, whether described as

consultation fee or otherwise, with the object of obtaining or inducing the procurement of a contract,

right, interest; privilege or other obligation or benefit in whatsoever form from GoB; except that

which has been expressly declared pursuant hereto.

M/S Al-Akhuwat Enterprises, Quetta (name of Supplier) certifies that it has made and will make

full disclosure of all agreements and arrangements with all persons in respect of or related to tile

transaction with GoB and has not taken any action or will not take any action to circumvent the above

declaration, representation or warranty.

M/S Al-Akhuwat Enterprises, Quetta (name of Supplier) accepts full responsibility and strict

liability for making any false declaration; not making full disclosure, misrepresenting facts or taking

any action likely to defeat the purpose of this declaration, representation and warranty. It agrees that

any contract, right, interest, privilege or other obligation or benefit obtained or procured as aforesaid

shall, without prejudice to any other right and remedies available to GoB under any law, contract or

other instrument, be voidable at the option of GoB.

Notwithstanding any rights and remedies exercised by GoB in this regard, M/S Al-Akhuwat

Enterprises,Quetta (name of Supplier) to indemnify GoB for any loss or damage incurred by it on

account of its corrupt business practices and further pay compensation to GoB in an amount

equivalent to ten time the sum of any commission, gratification, bribe, finder's fee or kickback given

by M/S Al-Akhuwat Enterprises, Quetta (name of Supplier) as aforesaid for the purpose of

obtaining or inducing the procurement of any contract, right, interest, privilege or other obligation or

benefit in whatsoever form from GoB.

Director General Agricultural Engineering Department Balochistan Quetta

_

M/S Al-Akhuwat Enterprises, Quetta

Composition of Technical/Inspection Committee

Technical /Inspection Committee comprising of the following

a) Agricultural Engineer, Kachhi Chairman b) Assistant Agricultural Engineer Kachhi I & II Member

The Technical Committee will supervise the work and submit Progress Report of Solar System for tubewell.

* Note:-1. The following document may be collected from the beneficiaries

Copy of CNIC Land ownership record

Affidavit of farmers that work done satisfactorily

Original coupon/receipt showing purchase of Tender Documents

PROGRESS REPORT OF SUPPLY AND FIXING OF SOLAR SYSTEM FOR TUBE WELLS FOR THE FARMERS OF KACHHI DISTRICT.

S.No. Name of

Beneficiaries

Location Solar System fixing date Signature of

Farmer

Signature of

Contractor

Signature of Technical

Committee