LESCOLAHORE ELECTRIC SUPPLY COMPANY

LOCAL BIDDING DOCUMENTSTO

TENDER NO. 1883/Dist.

FORTHE SUPPLY OF

LT type CT operated, 4 wire, 3 element, 3 x 230/400 V, 5/10 Amp, 50 Hz Accuracy Class 1.0 (kWh) (Kw (MDI) + kwh) and Accuracy

Class 2.0 (kvarh) 3-Phase Multirate (TOD / TOU) Solid State Energy Meters

Sr.Manager (Material Management) LESCO Ltd. 22-A Queens Road, Lahore

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LAHORE ELECTRIC SUPPLY COMPANYOFFICE OF CHIEF ENGINEER / TECHNICL DIRECTOR

22-A Queens Road Lahore Ph. # 99204842, Fax: 99204843website : www.lesco.gov.pk e-mail : dirictl@lesco.gov.pk

BID SCHEDULE FOR TENDER NO.1883/DIST/ LESCO /MMM

Due by 10:30 A.M on 10.11.2016. Tender will be opened at 11.00 AM on 10.11.2016. Tender shall remain valid for 120-days after opening date. Addl.Manager (M.M)

LESCO Ltd. Lahore

Name of Bidder:________________________________________________

Sr.#

Description Qty.Nos.

Rate/unit in Pak Rs. on FCS basis at R/Store LHR

without 17% GST

Total Amount

(Rs)

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LT type CT operated, 4 wire, 3 element, 3 x 230/400 V, 5/10 Amp, 50 Hz Accuracy Class 1.0 (Kw (MDI) + kwh) and Accuracy Class 2.0 (kvarh) 3-Phase Multirate (TOD / TOU) Solid State Energy Meters, conforming to WAPDA Specification No. DD-S-50:2007 (amended-to-date),

3,000

Note:- This tender is governed by General Conditions of Contract for purchases by WAPDA dated 12.08.1984 amended to date and latest purchase procedure PPRA-2004 amended to date.

Bid Security

Bid Schedule i.e 2% of the bid cost is attached as per details below:-

Bid Security No. & date_______________________________________________

Bid Amount __________________Bid Security Validity______________________

Issuing Authority ____________________________________________________

Delivery Schedule:-

“50% quantity shall be supplied within 60-days and remaining 50% quantity shall be delivered from 61st day to 120th day from the date of issue of purchase order or from the date of approval of prototype subject to clause-13, 14, 15 & 16 of special conditions of contact of the bidding documents or from the date of Establishment of L/C (if applicable).

Stamp & Signature of bidders

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TABLE OF CONTENTS .

Section

Description Page

1. Invitation to Tenderers. 4

2. Instructions to Tenderers. 5

3. Forms of Tender 18

4. Schedules to Tender 20

5. General Conditions of Contract 25

6. Special Conditions of Contract 26

7. Standard Forms:i. Form of Tender Securityii. Form of Performance Security.

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8. List of documents to be submitted alongwith the Tender.

38

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Section-1

INVITATIONS TO TENDERER

Lahore Electric Supply Company (LESCO) invites sealed bids

from PEPCO / WAPDA / DISCO’s Pre-qualified & Registered manufacturers,

registered with Income Tax and Sales Tax Department for supply of following

material:-

Tender# Description of Stores Qty

Nos.Date & Time

Submission of Bids Opening of Bids

1883 LT TOU Meters 3,000 10.11.2016At 10:30 A.M

10.11.2016At 11:00 A.M

Bidding documents, containing detailed terms and conditions, method of

procurement, procedure for submission of bids, bid security, bid validity, opening of

bid, evaluation criteria, clarification / rejection of bids, performance guarantee etc.,

are available for the interested bidders at 3rd Floor, Room No.312 office of the

Manager (Material Management) LESCO Ltd., 22-A Queens Road, Lahore. Price of

bidding documents is Rs.1,000/- (non-refundable). Bidding documents can also be

downloaded from website at www.lesco.gov.pk free of cost just for information.

The bids, prepared in accordance with the instruction in the bidding

documents, must reach at 3rd Floor, Room No.312 office of the Manager (Material

Management) LESCO Ltd., 22-A Queens Road, Lahore on or before above

mentioned closing time & date. Bids will be opened the same day at aforesaid date

& time. This advertisement is also available on PPRA website at www.ppra.org.pk

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Section-2

INSTRUCTIONS

TO TENDERERS

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TABLE OF CONTENTS.

INSTRUCTIONS TO TENDERERS . Clause No.

Description Page No.

IT-1 Scope of Tender and source of Funds. 7IT-2 Eligible Tenderers. 7IT-3 Origin 7IT-4 Cost of Tenders 7IT-5 Contents of Tender Documents. 7IT-6 Clarification of Tender Documents. 8IT-7 Amendment of Tender Documents. 8IT-8 Language of Tender. 8IT-9 Form of Tender & Schedules to Tender. 8IT-10 Documents establishing Tenderer’s Eligibility

and Qualification.8

IT-11 Validity of Tender. 9IT-12 Tender Security. 9IT-13 Format and Signing of Tenders. 10IT-14 Dead Line for submission of Tenders. 11IT-15 Late Tenders. 11IT-16 Modification and withdrawal of Tenders. 11IT-17 Sealing and Marking of Tenders. 11IT-18 Tender Opening. 12IT-19 Clarification of Tenders. 12IT-20 Preliminary examination and determination of

responsiveness of Tenders.12

IT-21 Detailed Evaluation. 12IT-22 Process to be confidential. 13IT-23 Post Qualification. 13IT-24 Purchaser’s Right to Vary Quantities. 13IT-25 Purchaser’s Right to Accept any Tender Or to

Reject any or all Tenders.14

IT-26 Notification of Award/Letter of Intent. 14IT-27 Performance Security 14IT-28 Signing of Contract Agreement/Issuance of

Purchase Order.14

IT-29 WAPDA Bonds. 14IT-30 Redressel of Grievances of complainant. 15IT-31 Documents comprising the Tender. 15IT-32 Tender Prices. 15IT-33 Currency of Tender. 15

(A) INSTRUCTIONS TO TENDERS Clause IT-1 SCOPE OF TENDER AND SOURCE OF FUNDS:

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The scope of the tender is as under:-i) LT type CT operated, 4 wire, 3 element, 3 x 230/400

V, 5/10 Amp, 50 Hz Accuracy Class 1.0 (Kw (MDI) + kwh) and Accuracy Class 2.0 (kvarh) 3-Phase Multirate (TOD / TOU) Solid State Energy Meters, conforming to WAPDA Specification No. DD-S-50:2007 (amended-to-date),

ii) Funds for procurement will be made from LESCO’s own resources.Clause IT-2 ELIGIBLE TENDERERS

Tendering is opened to all local manufacturers, meeting the following requirements:-

i) The local manufacturers who can participate in the tender on providing their Prequalification & Registration under Category M-5 with LESCO/WAPDA/ DISCOs.

ii) The manufacturer shall have been engaged in manufacturing of such Meters for atleast 5-years and such material shall have successfully operated in the field of Power System for at least 3-years. Necessary authenticated documents/ evidences, Copies of Performance Certificate for Contracts shall be submitted with the Tender, otherwise Tender will be rejected.

iii) The local manufacturer /bidders will also ensure that imported components of the meter alongwith its details are from the Principal or from the Vendor approved by their Principal. The list of approved Vendors will be provided to Chief Engineer (Design & Standard) PEPCO / WAPDA as well as Chief Engineer (Material Inspection) PEPCO / WAPDA.

iv) The Tenderer must have the financial, technical, production & testing capability necessary to perform the contract.

Clause-IT-3 ORIGIN3.1 For purpose of this clause “Origin” means the place where the

goods are mined, grown or produced or from where the ancillary services are supplied.Goods are produced when, through manufacturing, processing or substantial or major assembling of component a commercially recognized product results that is substantially different in basic characteristics or in purpose or utility from its components.

3.2 The origin of Goods and services is distinct from the nationality of the Tenderers.

Clause IT-4 COST OF TENDERS.Tenderers shall bear all costs associated with the preparation and submission of its tender and the purchaser will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process.

Clause IT-5 CONTENTS OF TENDER DOCUMENTS.(5.1) Tender documents are those stated below and should be read in

conjunction with any Addenda, if issued by the purchaser in accordance with Clause-7.1.

1. Instructions to Tenderers.2. Form of tender & schedules to tender.3. General Conditions of Contract.4. Special Conditions of Contract.5. Standard Forms:

i. Form of Tender Securityii. Form of Performance Security.

(5.2) The tenderers are expected to examine carefully the contents of all the above documents. Failure to comply with the requirement of tender submission will be at the Tenderer’s own risk. Tenders which are not substantially responsive to the tender documents will be rejected.

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Clause IT-6 CLARIFICATION OF TENDER DOCUMENTS.The prospective Tenderers requiring any clarification (s) in respect of tender documents may notify the purchaser i.e Sr.Manager (M.M) LESCO Ltd. Lahore with a copy to Chief Engineer (Design & Standard) PEPCO / WAPDA in writing or by Telex or FAX at the following address:

1. Sr.Manager (Material Management) LESCO Ltd. Lahore.2. Chief Engineer (Design & Standard) PEPCO / WAPDA, L-48

Block,Model Town Extension Lahore for technical clarification only.

Purchaser will examine the request for clarification of the Tender Documents which it receives not later than 7-days prior to the dead-line for the submission of tenders and if needed will issue the clarification/amendment of the Tender Documents atleast 7-days before the date of submission of Tenders (without identifying the source of enquiry) to all prospective tenderers who have purchased the Tender Documents.

Clause IT-7 AMENDMENT OF TENDER DOCUMENTS.(7.1) At any time prior to the dead line for submission of tenders, the

purchaser may, for any reason whether at his own initiative, or in response to clarification requested by a prospective tenderer, modify the tender documents by issuing Addendum.

(7.2) Any Addendum thus issued shall be part of the tender documents pursuant to sub clause 7.1 hereof, and shall be communicated in writing to all Purchasers of the tender documents. Prospective tenderers shall acknowledge receipt of each addendum in writing to the Purchaser i.e Sr.Manager (M.M) LESCO Ltd. Lahore. The tenderer shall also confirm in the form of tender that the information contained in such addenda have been considered in preparing this tender.

Clause IT-8 LANGUAGE OF TENDERThe tender prepared by the tenderer and all correspondences and documents relating to the tender shall be written in English Language.

Clause IT-9 FORM OF TENDER & SCHEDULES TO TENDER(9.1) The tenderer shall complete, sign and seal the form of tender and

schedule to tender and shall also enclose other information as required in these tender documents.

Clause IT-10

DOCUMENTS ESTABLISHING TENDERER’SELIGIBILITY AND QUALIFICATION.(10.1) The documentary evidence of tenderer’s eligibility to tender shall

be established to the purchaser’s satisfaction at the time of submission of its Tender. Documentary evidence of the tenderer that he possesses all the requirement submitted at the time of prequalification. The tenderer shall furnish documentary evidence of qualification on the Form “Evidence of Tenderer’s Capability”.

(10.2) Tenderer must possess and provide evidence of the following experience:-

i. The manufacturer shall have been engaged in manufacturing of Energy Meters and such meters shall have successfully operated in the field. Necessary authenticated documents/ evidences, Copies of Performance Certificate for Contracts shall be submitted with the Tender, otherwise Tender will be rejected.

ii. The Tenderer has the financial, technical, production & testing capability necessary to perform the contract.

iii. The local manufacturer is registered with Sales Tax Department and must provide the certificate with their

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offer.

(10.3) In addition to the documents required in clause 10.1 & 10.2, the Tenderer shall submit the documents mentioned in the list of documents to be submitted. Tenders not accompanied with the documents such as acceptable Tender Security, Test Sample, Test Report, Certificates and those which required to substantiate the legitimacy of the Tender may result in rejection of Tender.

(10.4) The Tenderer shall clearly mention all information precisely regarding Tender validity, delivery schedule, terms of payment and the schedule of technical data. Any incomplete information or the terms “as per tender” or “ as per clause” if mentioned instead of actual data may render the Tender as liable for rejection.

(10.5) LESCO reserves the right to divide the quantity to be purchased amongst two/more Tenderers in the ratio depending upon production capacity and previous performance.

(10.6) The tenderer must submit the documentary evidence of the goods and services being in conformity to the tendering documents in the form of literature drawings, data etc.

(10.7) The tenderer must submit one (01) number sample of LT type CT operated, 4 wire, 3 element, 3 x 230/400 V, 5/10 Amp, 50 Hz Accuracy Class 1.0 (Kw MDI + kwh) and Accuracy Class 2.0 (kvarh) 3-Phase Multirate (TOD/TOU) Solid State Energy Meters, conforming to WAPDA Specification No. DD-S-50:2007 (amended-to-date) with the tender failing which the bid shall be declared non responsive. The Purchaser reserves the right to carry out tests on these samples as part of evaluation.

Clause IT-11

VALIDITY OF TENDER.

The tender shall remain valid for a period of 120-days after the date of tender opening.

Clause IT-12

TENDER SECURITY

(12.1) Each tenderer shall furnish, as a part of his tender, a tender security in the amount equal to 2% of the total tender price.

(12.2) The Tender Security must be furnished in the form of Deposit at Call or a Bank Guarantee issued by a Scheduled Bank of Pakistan in favour of purchaser valid for a period of 120-days after tender opening date.

(12.3) Any tender not accompanied by an acceptable tender security shall be rejected by the purchaser as non responsive.

(12.4) The Tender Security of successful tenderer will be returned when the tenderer has furnished the required Performance Security.

(12.5) The Tender Security of un-successful tenderer will be returned upon award of contract to the successful tenderer or at the expiry of validity of tender security, which ever is earlier.

(12.6) The Tender Security & Performance Security shall be furnished on non judicial paper of value prescribed by the Government.

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(12.7) The Tender Security may be forfeited:

a) If tenderer withdraws his tender during the period of tender validity.

b) In case of successful tenderer, if he fails to :-i) furnish the required Performance Security

ii) sign the Contract Agreement/ Acknowledgment of the Purchase Order.

Clause IT-13

FORMAT AND SIGNING OF TENDERS.

(13.1) Tenderers are particularly directed that amount entered on the form of tender for performing the contract shall be strictly in accordance with the tender documents.

(13.2) The rates shall be quoted valid for 120-days after tender opening date.

(13.3) Schedule of technical data attached with the Tender Schedule must accompany the Tender duly filled in, signed and stamped, by the Tenderers, otherwise the offer will be considered incomplete/ rejected.

(13.4) Schedules to tender are to be properly completed and signed.(13.5) No alteration is to be made in the form of tender nor in the

schedule thereto except in filling up the blanks as directed. If any alteration be made or if these instructions be not fully complied with, the tender may be rejected.

(13.6) Each tenderer shall prepare one original and two copies of the documents comprising the tender and clearly mark them “ORIGINAL” and “COPY” as appropriate.

(13.7) In the event of discrepancy between them the Original shall prevail.

(13.8) The Original and all copies of the tender shall be typed or written in indelible ink and shall be signed by the person or person(s) duly authorized to sign them. In the case of copies, Photostats are also acceptable. This shall be indicated by submitting a written Power of Attorney authorizing the signatory of the tenderer to act for and on behalf of tenderer. All pages of tender shall be initialed and stamped by the person (s) signing the tender.

(13.9) Tenderer shall indicate in the space provided in the form of tender, their full and proper address at which Notices may be legally served to them and to which all correspondences in connection with their tenders and contract are to be sent.

(13.10)

The technical data duly completed must accompany the tender without which the offer will be considered incomplete and will be liable to be rejected.

(13.11)

After opening the tender if it is established that the Tenderers have quoted same price, then LESCO reserves the right to scrap the tender and invite fresh tender.

(13.12)

Technical Literature in English giving out salient features of LT type CT operated, 4 wire, 3 element, 3 x 230/400 V, 5/10 Amp, 50 Hz Accuracy Class 1.0 (Kw MDI + kwh) and Accuracy Class 2.0 (kvarh) 3-Phase Multirate (TOD/TOU) Solid State Energy Meters, conforming to WAPDA Specification No. DD-S-50:2007 (amended-to-date) must accompany the Tender.

(13.13)

Tenderer shall retain a copy of tender documents as their file copy.

(13.14)

The tender shall contain no alterations, omissions or additions except to comply with the instructions issued by the Purchaser, or as are necessary to correct errors made by the tenderers, in which case such corrections shall be initialed by the person or persons signing the tender.

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Clause IT-14

DEAD LINE FOR SUBMISSION OF TENDERS.

(14.1) Tenders must be received 30-minute before tender opening by the purchaser at the address specified hereto not later than the time and date mentioned in the Invitation to Tenderers:- “Sr.Manager (M.M) LESCO Ltd., 22-A Queens Road Lahore”.

(14.2) Tenders submitted through Telex, Telegraph, FAX or E.Mail shall not be considered.

(14.3) The purchaser may, at his discretion, extend the dead line for submission of tenders by issuing an Addendum, in which case all rights and obligations of the purchaser and tenderer previously subject to the original dead line will thereafter be subject to the dead line as extended.

Clause IT-15

LATE TENDERS.

(15.1) Any tender received by the purchaser after the date and time of tender opening will be returned un-opened to such tenderer.

(15.2) Delay in the mail, delay of parcel in transit or delivery of tender to the wrong office shall not be accepted as the excuse for failure of a tender at a proper place of delivery of tender. It shall be the tenderer’s responsibility to determine the matter in which timely delivery of the tender will be accomplished either in person, by messenger or by mail.

Clause IT-16

MODIFICATION AND WITHDRAWAL OF TENDERS.

(16.1) Any tenderer can modify or withdraw his tender after tender submission provided that written notice of the modification, substitution or withdrawal in his tender received by the purchaser prior to the dead line for submission of the tender.

(16.2) No tender may be modified by a tenderer after dead line for submission of tender.

(16.3) Withdrawal of a tender during the interval between the dead line for submission of tender and the expiration of period of tender validity may result in forfeiture of the tender security.

(16.4) The notice for modification, substitution, or withdrawal of any tender shall be prepared, sealed, marked and delivered in accordance with the provision of clause IT-17 with the inner and outer envelopes additionally marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL” as appropriate. A withdrawal notice may also be sent by Telex or FAX but followed by a signed confirmation copy, post marked not later than the dead line for submission of tenders.

Clause IT-17

SEALING AND MARKING OF TENDERS.

i) The Tenderer shall submit one (1) original and two (02) copies of the Tender. In the event of discrepancy between them, the original shall prevail.

ii) The Tenderer shall seal the original and each copy of the Tender separately in a separate envelope, duly marking the envelopes as “Original” or “Copy”. The envelopes containing the “ORIGINAL” and “COPIES” will be put in one sealed envelope.

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iii) The inner and outer envelopes shall be:a) Addressed to the purchaser at the following address:

“Sr.Manager (M.M) LESCO Ltd. 22-A Queens Road Lahore”.

b) Bear (the Project Name), Tender No., the Advertisement Number, and the Words “DO NOT OPEN BEFORE ________ on _____2016

c) In addition to above, the inner envelope shall indicate the name and address of the Tenderer to enable the Tender to be returned un-opened in case it is declared “Late.”

iv)

If the outer envelope is not sealed and marked as required, the purchaser will assume no responsibility for the Tender’s misplacement or its premature opening.

Clause IT-18

TENDER OPENING.

(18.1)

A committee comprising of nominated members of the purchaser will open the tenders, in the presence of tenderers’ representative who choose to attend at the time, date and location stipulated in the Invitation to the tenders. The tenderer’s representatives who are present shall sign in a register/form evidencing their attendance.

(18.2)

The tenderer’s name, tender price, any discount in price, tender modification and withdrawal, the presence or absence of tender security and such other details, as the purchaser at his discretion may consider appropriate, will be announced by the purchaser at the tender opening.

(18.3)

Any tender price or discount which is not read out and recorded at tender opening will not be taken in account in the evaluation of tender.

(18.4)

Conditional discounts shall not be considered in evaluation.

Clause IT-19

CLARIFICATION OF TENDERS.

The purchaser may, at its discretion, ask the Tenderers for clarification of his tenders. The request for clarification and response shall be in writing and no change in the price or substance of the tender shall be sought, offered or permitted.

Clause IT-20

PRILIMINARY EXAMINATION AND DETERMINATION OF RESPONSIVENESS OF TENDERS.

Prior to detailed evaluation, responsiveness of tenderer to the tender documents shall be examined.

Clause IT-21

DETAILED EVALUATION

(21.1)

FCS unit price/total price shall be considered for evaluated tender price. Comparison of Tenders shall be on the basis of evaluated tender price.

(21.2)

Arithmetical errors will be rectified on the following basis:-If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected. If there is a discrepancy between the words and figures the amount in words shall prevail.

If there is a discrepancy between the total Tender price entered in Form of Tender and the total shown in Schedule of Prices.

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(21.3)

The amount stated in the Form of Tender will be corrected by the Purchaser/Engineer in accordance with the Corrected Schedule of Prices.

If the Tenderer does not accept the corrected amount of Tender, his Tender will be rejected and his Tender Security forfeited.

The following factors will be taken into account in addition to FCS unit rate prices to arrive at the evaluated prices.a) Delivery schedule offered.

i) The material shall be supplied as per delivery schedule already given at page-2, commencing from the date of establishment of Letter of Credit. The L/C will be established by Director Finance of concerned DISCOs within 15-days from the date of issue of Purchase Order or approval of prototype, where it is applicable, and delivery must be completed not later than the dates specified.

ii) Delivery Period is the essence of the Contract and delivery must be completed not later than the dates specified. The term “Delivery Date” shall mean the date of Inspection as indicated in the Inspection Certificate in respect of goods shown as accepted in the Inspection Certificate; provided the goods accepted for supply have been delivered to the Consignees within 20-days of date of Inspection Certificate.

iii) Tenders indicating deliveries in advance of the date specified in Tender Schedule, no credit will be given in tender evaluation. However, a discredit at the rate of 0.05% of FCS value of purchase order per day for a maximum period of 3-months will be added to the corrected total Tender price for deliveries offered late.

iv) Tenders indicating the delivery beyond date specified in Tender Schedule will be declared non-responsive.

b) Deviation from payment schedule. The monetary effect for the earlier payments shall be added in accordance with the prevailing Bank rates on the date of opening of tenders.c) Other specific criteria: Any deviations in tender specification shall be liable for the rejection of tender.

Clause IT-22

PROCESS TO BE CONFIDENTIAL.

No Tenderer shall contact purchaser on any matter relating to his Tender from the time of Tender Opening until Procuring Agency shall announce the result of bid evaluation in the form of a report giving justification for acceptance/rejection of bids. Any effort by a Tenderer to influence purchaser in the Tender Evaluation, Tender Comparison or Contract Award decision(s), may result in rejection of his Tender.

Clause IT-23

POST QUALIFICATION.

i) In absence of prequalification, the purchaser will determine to its satisfaction whether the substantially responsive lowest evaluated tenderer is qualified to satisfactorily perform the contract.

ii) The determination will take into account the Tenderers financial, technical and production capability. It will be based upon an

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examination of the documentary evidence of Tenderers qualifications submitted by the Tenderers with the Tender as well as such other information as Purchaser/Engineer deems necessary and appropriate.

iii) An affirmative determination will be pre-requisite for award of contract to the Tenderer. A negative determination will result in rejection of the Tenderer’s tender in which event, the Purchaser will proceed to the next lowest evaluated tender to under take a similar determination of that Tenderer’s capabilities to perform the contract satisfactorily.

Clause IT-24

PURCHASER’S RIGHT TO VARY QUANTITIES.

LESCO reserves the right to increase / decrease the quantities upto 15% at the time of placing award or through repeat order after award / issue of Purchase Order during the currency of contract or within 6-months from the date of issue of P.O which ever is later on the same rate, terms and conditions.

Clause IT-25

PURCHASER’S RIGHT TO ACCEPT ANY TENDER ORTO REJECT ONE OR ALL TENDERS.The purchaser reserves rights to accept or reject any tender and to annul the tender process and reject all tenders, at any time, prior to award of contract, without thereby incurring any liability or obligation to inform to Tenderers and the grounds for the purchaser’s action.

Clause IT-26

NOTIFICATION OF AWARD/LETTER OF INTENT

(26.1) Prior to expiration of the period of tender validity prescribed by the purchaser, the purchaser will notify successful tender in writing (Letter of Intent) that his tender has been accepted. This letter shall name the sum which the purchaser will pay to the contractor in consideration of the execution and completion of the works by the supplier/ contractor.

(26.2) The Letter of Acceptance and its acceptance by the tenderer within 7-days will constitute the formation of the contract between the purchaser and the supplier / contractor.

Clause IT-27

PERFORMANCE SECURITY.

(27.1) The successful tenderer shall furnish to the purchaser a Performance Security in the shape of Bank Guarantee/ Bank Draft from a scheduled Bank of Pakistan on the prescribed form valid for 24-months from the receipt of last consignment equal to 5% of the total value of contract with the acceptance of Letter of Intent within 7-days from the date of issuance of Letter of Intent.

(27.2) Failure of successful tenderer to comply with the requirement of clause-27.1 shall constitute sufficient grounds for the annulment of award and forfeiture of the Tender Security.

(27.3) The Performance Security shall be furnished on non judicial paper of value prescribed by the Government.

Clause IT-28

SIGNING OF CONTRACT AGREEMENT/ISSUANCE OF PURCHASE ORDER.After furnishing of acceptable Performance Security, the purchaser will issue the Purchase Order /signed Contract Agreement provided in these documents.

Clause IT-29

WAPDA BONDS.

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(29.1) The local Tenderers/suppliers shall have the option to submit WAPDA Bonds as security in lieu of Tender/Guarantee/ Earnest Money or Performance Bond. An additional clause entitled WAPDA Bonds in lieu of Securities is attached herewith as ANNEXURE-A.

(29.2) The Bank shall be National Bank of Pakistan, WAPDA House Branch, Lahore.

(29.3) The Contractor will open an Account with that Bank where the “WAPDA BONDS” would be deposited to enable Bank to collect profit after every 6-months for credit to his account.

(29.4) The Bank charges in this respect shall be borne by the contractor and debited to his Bank Account by the Bank.

(29.5) The WAPDA BONDS would be deposited with the Bank under covering memo duly signed by the Officer Incharge of that formation for safe custody in the Bank.

(29.6) In case of default of the Contractors in fulfillment of obligations as specified in the Tender/Contract Documents, WAPDA would encash the WAPDA BONDS by giving a letter to the Bank concerned to this effect, because WAPDA BOND is bearer one and encashable by the Person/Authority who is in possession of the relevant bond.

Clause IT-30

REDRESSAL OF GRIEVANCES OF COMPLAINANT

Any bidder feeling aggrieved by any act of the Procuring Agency after the announcement of Bid Evaluation Report pursuant to clause-IT-22 may lodge a written complaint concerning his grievances not later than 15-days after the announcement of bid evaluation report.

Clause IT-31

DOCUMENTS COMPRISING THE TENDER

The tender prepared by the tenderer shall comprise the following components:

a. Covering Letterb. Form of Tender duly filled, signed and sealed.c. Schedules (i, ii & iii) to Tender duly filled and signed, in

accordance with the instructions contained therein.d. Schedule of Prices completed.e. Tender Security.f. Power of Attorney.g. Joint Venture Agreement (if applicable).h. Documentary evidence that the tenderer is eligible to

tender and is qualified to perform the contract if its tender is accepted.

i. Any other documents prescribed in Particular Conditions of Contract or Technical Provisions to be submitted with the Tender.

Clause IT-32

TENDER PRICES.

32.1 The tenderer shall fill up the Schedule of Prices attached to these documents indicating the unit rates and prices of the Works to be performed under the Contract. Prices on the Schedule of Prices shall be entered keeping in view the instructions contained in the Schedule of Prices.

32.2 Unless otherwise stipulated in the Conditions of Contract, prices quoted by the tenderer shall remain fixed during the tenderer’s performance of the Contract and not subject to variation on any account. Since only fixed price contract will be considered, a tender submitted with an adjustable price quotation will be

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treated as non responsive and rejected.32.3 Any discount offered shall be valid for at least the period of

validity of the tender. A discount valid for lesser period shall be considered null and void.

Clause IT-33

CURRENCY OF TENDER

33.1 Prices shall be quoted in the following currency:-

“For Goods and Services which the tenderer will supply from within Pakistan, the prices shall be quoted in the Pak. Rupees”.

33.2 The currency of payment shall be as stated in Particular Conditions of Contract. However, shall not in any way constitute a contractual or legal binding on the Employer for the payment in the currencies required by the Contractor.

ANNEXURE-”A” 1. In addition to the existing provisions in the various Documents concerning

Securities, the local Contractors shall have the option to make use of WAPDA Bearer Bonds as Security in lieu of the aforementioned provisions. The local Contractors who desire to make use of the Bonds as aforesaid, shall be required to deposit their Bonds equal to the value of Security, in the Bank specified in sub clause (2) hereof, and obtain Bank Receipts and Letters of Undertaking from the Bank in the form stated in sub clause(3) hereof, for submission to LESCO/WAPDA formation subject to the following terms and conditions:

1.1 The Bank Receipts alongwith the Letters of Undertaking for Bid Guarantee/Tender Security/Earnest Money shall be attached with the Tenders. The Bank Receipts of the unsuccessful Contractors will be returned after the acceptance of the Tender of the successful Contractor as soon as possible but not later than 30-days after the expiration of the Tender validity, alongwith a written authorization addressed to the Bank issued by LESCO/WAPDA formation for release of the Bonds to the Contractors. In case of the successful Contractor, the Bonds will be released only upon signing of the Contract.

1.2 If the successful Contractor also desires to make use of his Bonds in lieu of Performance Bond / Performance Security/ Security Deposit, he shall be required to deposit his Bonds in the specified Bank for the amount of the aforementioned Security and obtain Bank Receipt and the Letter of Undertaking which shall be submitted to LESCO/WAPDA formation for acceptance in lieu of the Security. These Bonds will be released with the permission of the competent authority after the expiry of the period specified in the Contract. For this purpose, the LESCO/WAPDA formation will return the Bank Receipt alongwith a letter of authorization in the name of the Bank to release the Bonds to the Contractor.

1.3 The Contractor who desires to avail the use of his Bonds in lieu of Bank Guarantee shall deposit his Bonds equal to the value of the required guarantee in the specified Bank and obtain Bank Receipt and the Letter of Undertaking which shall be submitted to the LESCO/WAPDA

17

formation for acceptance against Bank Guarantee. These Bonds will be released after the period specified in the Contractor or the fulfillment of the requirement of the guarantee. For this purpose, the LESCO/WAPDA formation will return the Bank Receipt alongwith a letter of authorization in the name if the Bank to release the Bonds to the Contractor.

1.4 In case of default of the Contractor in fulfillment of his obligations as specified in the Tender/Contract/Documents concerning various Securities, the LESCO/WAPDA formation shall have the right to immediately withdraw/encash the Bonds, retain the money due to LESCO/WAPDA and pay to the Contractor any surplus return on the Bonds which may have occurred upto the date of withdrawal/ encashment of the Bonds. Such Contractor will, however, have the option to pay the money due to LESCO/WAPDA in cash, prior to the encashment of the Bonds and get the Bonds released upon the specific authorization from the LESCO/WAPDA formation issued in the name of the Bank to release the Bonds to the Contractor.

2. For the purposes of depositing the Bonds as Securities in lieu of the Tender/Contract requirements, the LESCO/WAPDA formation and the Bank are specified herein below:-

1.1. Name and Address of the LESCO/WAPDA Formation _____________1.2 Name, Branch and Address of the Bank __________________

18

3. The Bank’s Letter of Undertaking issued in the name of LESCO/WAPDA formation should confirm that the Bonds in the value of Rs.________________ have been deposited by the Contractor __________________________ (Name of Contractor) as _____________________________ (Name of Security) against Tender/Contract No.______________________________ for the ___________________ (Name of Works) and that the said Bonds shall be released to the Contractor or LESCO/WAPDA Representative (as the case may be) on upon the written authorization issued by the LESCO/WAPDA formation.

4. The following words used in sub-clauses(1), (2) and (3) shall have the meanings hereby assigned to them:-

1.1 “Security” means Bid Guarantee or Tender Security or Earnest Money or Bank Guarantee or Performance Bond or Performance Security or Security Deposit.

1.2 “Documents” mean Bid Documents or Tender Documents or Purchase Orders.

1.3 “Contractors” mean Bidders or Tenderers or Contractors or Suppliers.

1.4 “Bonds” mean WAPDA Bearer Bonds.1.5 “Tender” means Bid or Tender or Quotation or Offer.1.6 “Contract” means Contract Agreement or Purchase Order.

19

Section-3

FORM OF TENDER

20

FORM OF TENDER (LETTER OF OFFER)

Tender Reference No._______________________________________________________________

(Name of Works)To

________________________________________________________________________

Gentlemen,

1. Having examined the Tender Documents including Instructions to Tenderers, Conditions of Contract, Specifications, Drawings, Schedule of Prices and Addenda Nos.________________ for the execution of the above named Works, we, the undersigned, being a company doing business under the name of and address___________________________________________________ _____________________________________________________________ and being duly incorporated under the laws of __________________________ hereby offer to execute and complete such Works and remedy any defects therein in conformity with the said Documents including Addenda thereto for the Total Tender Price comprising ______________ ( _________________________ ________________________________________).

2. We understand that all the Schedules attached hereto form part of this Tender.3. As security for due performance of the undertakings and obligations of this Tender,

we submit herewith a Tender Security in the amount of _____________ drawn in your favour or made payable to you and valid for a period 30-days beyond the period of validity of Tender.

4. We undertake, if our Tender is accepted, to commence the Works and to deliver and complete the whole of the Works comprised in the Contract within the time(s) stated in the Tender Documents.

5. We agree to abide by this Tender for the period of ______days from the date fixed for receiving the same and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

6. Unless and until a formal Agreement is prepared and executed, this Tender, together with your written acceptance thereof, shall constitute a binding contract between us.

7. We undertake, if our Tender is accepted to execute the Performance Security for the due performance of the Contract.

8. We understand that you are not bound to accept the lowest or any Tender you may receive.

9. We do hereby declare that the Tender is made without any collusion, comparison of figures or arrangement with any other person or persons making a Tender for the Works.

Dated this ___________________________ day of___________________20_____

Signature________________________ in the capacity of ___________________ duly

authorized to sign tenders for and on behalf of ________________________________ (Name of Tenderer in Block Capitals)

Address:_______________________________________________________________________________________________________________________________________________________________________________________________________________

Witness:__________________________________________________________________________________________________________________________________________Address: __________________________________________________________________________________________________________________________________Occupation:___________________________________________________________

21

Section-4

SCHEDULES TO

TENDER

22

SCHEDULES TO TENDERTABLE OF CONTENTS

Sr. No.

Description Page No.

i) Schedule of Tender Price. 22ii) Schedule of Technical Deviation. 23iii) Schedule of Deviation from Contractual

Conditions.24

23

(i) Schedule of Tender Price.LOT No.

Description of Stores Quantity

required

(Nos.)

Rate per unit for free delivery at

Consignee stores, without 17% GST and

without involving any

foreign exchange.

Total price in Pak

Rupees.

1

LT type CT operated, 4 wire, 3 element, 3 x 230/400 V, 5/10 Amp, 50 Hz Accuracy Class 1.0 (Kw MDI + kwh) and Accuracy Class 2.0 (kvarh) 3-Phase Multirate (TOD/TOU) Solid State Energy Meters, conforming to WAPDA Specification No. DD-S-50:2007 (amended-to-date),

3,000

NOTEi. Only one FCS rate should be quoted for supply of Stores at Regional Store

Shalamar, Lahore. The rate shall be quoted for full quantity and the bidders shall not be allowed to quote partial quantity in the tender.

ii. The quoted FCS price in Pak Rupees shall be firm and final and not subject to escalation for any reason what-so-ever. The Tenderer shall be entirely responsible for all duties and Taxes and other such levies on finished goods/ components and raw material of the Contracted goods until delivery to the consignee(s). The Sales Tax be quoted separately.

iii. A penalty of Rs 1,000/- will be imposed for each reported defective LT TOU Meter besides its replacement during warranty period

iv. You will arrange comprehensive practical training as per clause-14 of the specification.

v. Provision of facility for retrieval of data / downloading of data in case of damage of meter P.T circuit of LCD / Display wash. In case of damage of meter the security of EEPROM must be ensured and data should be readable from EEPROM

vi. Specification No. DDS-50:2007 (amended to date) along-with latest instructions issued by the office C.E (D&S) NTDC are the integral part of this tender.

vii. In case of any specific occurrence the shares will be distributed / allocated on the basis of previous performance in supplies against DISCOs Purchase Orders, manufacturing capacity / capability etc.

viii. Conditional Bids / Rates will not be entertained / accepted.ix. Bid submission / Tender opening date & timings shall be observed strictly.x. You have to submit the requisite Certificate dully filled in, regarding the Declaration

of Fees, Commission & Brokerage etc paid by you about Goods, Services & Works.xi. Cartel / pool rates are strictly prohibited. The firms found involved in collusive

practice shall be dealt under PPRA Rules / PEPCO instructions.xii. The manufacturer is required to print necessary bar code to be provided by

LESCO on two suitable places of the meter i.e on front or any other side of body and on cartridge / packing box.

xiii. In order to ensure the quality in procurement of Energy Meters, necessary instructions issued by the office of C.E (D&S) NTDC vide memo No.4331-41 dated. 19.12.2014 shall be implemented in true letter and spirit. As per these instructions / suggestions, the firm having no past supply record should be considered for an educational order of a limited quantity and regular order will be placed after establishing the satisfactory field performance of the educational order. If an education order of limited quantity has already been issued to the manufacturer by any DISCO, further educational order will not be awarded. However, to avoid any complication to be faced at later stage, the manufacturer would have to submit an

24

undertaking in advance that he has not taken more than one educational order before.

Stamp & Signature of biddersContd…..P/2

25

(ii) Schedule of Technical Deviations

DEVIATIONS FROM

TECHNICAL PROVISIONS

It is presumed that the tenderer shall not take any deviation. However, if he intends to take deviations to the specified terms, those must be listed in the space provided below:-

Sr.No. Clause No./Section No. Deviations/Clarifications

Note:- Attach additional sheets, if necessary.

26

(iii) Schedule of Deviation from Contractual Conditions.

DEVIATIONS FROM

CONTRACTUAL CONDITIONS

It is presumed that the tenderer shall not take any deviation. However, if he intends to take deviations to the specified Contractual/Commercial Conditions, those must be listed in the space provided below:-

Sr.No. Clause No./Section No. Deviations/Clarifications

Note:- Attach additional sheets, if necessary.

27

Section-5

GENERAL CONDITIONS OF CONTRACT

28

Section-6

SPECIAL CONDITIONSOF CONTRACT

29

TABLE OF CONTENTS

Sr No.

Description Page No.

1. Special Conditions of Contract.

i) Definitions:ii) Paymentiii) Inspectioniv) Warrantyv) Liquidated Damagesvi) Resolution of Dispute

28

282930303031

30

SPECIAL CONDITIONS OF CONTRACT.

NOTE: THESE SPECIAL CONDITIONS SHALL PREVAIL WHERE-EVER CONTRADICTION ARE EXISTING WITH GENERAL CONDITIONS OF CONTRACT.

1. Definitions:-The text of sub clause-1(i) of General Conditions of Contract is substituted by the following:

(a) “Contract” means the agreement between the Purchaser and the Supplier/Contractor for the execution of works incorporating the conditions, specifications, purchaser drawings, supplier/contractor drawing, priced and completed schedules, tender, Letter of Intent and such further documents as may be expressly incorporated by Letter of Intent.

(b) “Contract Agreement” means the documents recording the terms of the Contract/ Purchase Order between the Purchaser and the Supplier/Contractor.

(c) “Contract Price” means the sum stated in the Letter of Intent as payable to the Supplier/Contractor for the execution of the works.

2. (a) In the text of clause-4 “Submission of Tenders” of General Conditions of Contract, wherever the words “DGM (I.C) Dist WAPDA” exists, be replaced by “Sr.Manager (M.M) LESCO Ltd. Lahore”.

(b) Para E(a) of clause-4 of General Conditions of Contract is deleted and substituted as under:-

An acceptable Tender Security for an amount equal to 2% of the total tender price to be valid for a period of 30-days beyond the tender validity date must be furnished alongwith the tender in the form of Deposit at Call or a Bank Guarantee by a Scheduled Bank of Pakistan in favour of Purchaser, prepared as per Format of Tender Security provided in the Tender Documents.

3. In the text of Clause-6C (ix) of General Conditions of Contract, replace “ 200 days from the date of opening” by “120-days after the date of Tender Opening”.

4. In the text of clause-7(A) of General Conditions of Contract replace “200 days from the date of opening” by “ 120-days after the date of tender opening” wherever exists.

5. Clause-8(B) of General Conditions of Contract is deleted and substituted as under:-“Delivery”1st day of Inspection or 15th day of Inspection Call whichever is earlier, shall be reckoned as date of delivery of stores to LESCO consignee provided the goods accepted for supply have been delivered within 20-days of issue of Inspection Certificate subject to the condition that the supplier/ manufacturer offers the material for Inspection atleast 15-days prior to the due date and the offer is not rejected due to being a fake call or material not conforming to the specification.

6. Paras of clause-18(F) (H) and (I) of General Conditions of Contract are deleted.

7. Add at the end of clause-19 of General Conditions of Contract as under:-“However the Purchaser assumes no responsibility for the arrangement/payment of Foreign Exchange.”

8. Text of clause-23 “Payment” of General Conditions of Contract is deleted and substituted as clause-11 of Special Conditions of Contract.

8 (a) In case of receipt of payment through L.C, the delivery period shall be commenced from the date of establishment of L/C. On receipt of the P.O. the bidder shall submit copy of the P.O. accepted on each page and other information/documents for establishment of letter of credit directly to Finance Director LESCO within 07 days otherwise the commencement of delivery period shall be reckoned from the date of issue of this purchase order

31

32

9. The priority of Contract Documents shall be as follows:-a) Contract Agreement (if completed)/ Purchase Order issued.b) Letter of Intentc) Special Conditions of Contract.d) General Conditions of Contract.e) Tender.f) Specification.g) Drawing.h) Schedule of prices.

Any other documents forming part of the Contract except any subsequent amendment in the Contract Agreement / Purchase Order.

10. The tenderer should provide valid proof for ISO certification of the manufacturer.11. PAYMENT

(a) All the payments due under this Purchase Order will be made through confirmed & irrevocable Letter of Credit for Contract Price i.e. Rs.__________ to be established by Director Finance of concerned DISCOs according to their share allocation through any Scheduled Bank of Pakistan in your’s favour. The amount of material excluding Sales Tax i.e. Rs.___________ in the Letter of Credit shall be available for negotiation and encashment on the production of documents mentioned as under:-

i- Bill in triplicate for 100% claim, approved by the Sr. Manager Material Management LESCO and pre-audited by office of Finance Director LESCO.

ii- Delivery Challan and GRN duly stamped and signed by the consignee.iii- 24-Months Warranty Certificate.iv- Confirmation of Sr. Manager (MM) LESCO about acceptance of Performance

Bond in case of the first claim only.v- Inspection Certificate issued by C.E (MI) NTDC or his authorized representative.vi- 1/5th of GST amount will be deducted at the time of making payment as per

FBR rules.vii- Professional Tax Paid Certificate by the firm.viii- The manufacturer in its invoices shall also give an undertaking that in case of

omission of any deduct-able amount, LESCO’s claim at any later stage (through / pre-audit or post audit) shall be acceptable to you.

ix- While raising invoice for the material supplied, the firm shall vividly mention the account number as well as the name of the bank and branch enabling CFO LESCO office to release payment thereof accordingly.

x- As per directions of FBR dated. 3.9.2015 conveyed vide C.E (Operation) PEPCO vide letter No. 1918-28 dated. 17.09.2015, the payment to the registered persons may be linked with the active taxpayer status of the suppliers as per FBR database. If any registered supplier is not in ATL his payment should be stopped till he files his mandatory returns and appears on ATL of FBR.

(b) The amount of Sales Tax i.e. Rs.______________ in the Letter of Credit shall be available for negotiation and encashable on production of following documents “DULY PRE-AUDITED” by the office of Director Finance of concerned DISCOs but Finance Directorate will take maximum 7-days for pre-audit:-

i) Sales Tax Return-cum-Payment challan for the month of delivery of material.

ii) Copy of GRN duly stamped and signed by respective consignees.

iii) Sales Tax invoice as per GRN above (Item-ii)iv) In case the manufacturers who pay lump sum Sales Tax, they shall also submit

an affidavit on on-judicial paper that “the Challan includes the amount of Rs.__________of Sales Tax for supply of the quantity of Meter to LESCO against P.O. No._______ dated __________”.PARTIAL DELIVERIES AND PARTIAL PAYMENTS ARE ALLOWED.

NOTE:- All charges relating to L/C opening and negotiation shall be borne by the Supplier.

12. The material shall be supplied strictly according to WAPDA Specification No.DD-S-50:2007 (amended to date).

13. If the Contractor/Supplier do not possess the prototype approval of the meter for last three years then he shall have to obtain the same from the office of Chief Engineer (Design & Standard) PEPCO / WAPDA WAPDA before start of mass production.

14. After signing of the contract the successful tenderer/manufacturers shall have to get the prototype approval from Chief Engineer (Design & Standard) PEPCO / WAPDA WAPDA as per WAPDA Specification before the start of mass production without affecting the delivery schedule. The supplier shall have to submit atleast 3 Nos complete samples for prototype testing to Chief Engineer (Design & Standard) PEPCO / WAPDA WAPDA within 30-days from issue of Purchase Order. Further delay shall be on account of supplier and WAPDA reserve

33

the rights to deduct the Liquidated Damages according to relevant clause of the Purchase Order. Chief Engineer (Design & Standard) PEPCO / WAPDA WAPDA will approve prototype sample within 30-days after its submission.

15. In case of failure of first prototype sample, the supplier may submit second sample within 10-days and get prototype approval within 20 days after its submission. In case of failure of second sample in prototype testing, the purchase order will stand cancelled with forfeiture/encashment of Performance Bond in favour of LESCO and LESCO reserves the right to place purchase order on second lowest bidder. Any further delay shall be on the account of supplier and LESCO reserves the right to deduct the Liquidated Damages according to relevant clause of the Purchase Order.

16. The supplier/manufacturer shall have to carry out specified type tests & sample tests at manufacturer’s premises as described in WAPDA Specification No.DD-S-50:2007(amended to-date) in the presence of LESCO/WAPDA Engineer(s) before mass production.

17. The manufacturer will have to develop/establish in house testing facilities for all the type tests as per WAPDA Specification No.DD-S-50:2007(amended to-date). These facilities should be approved by the Chief Engineer (Design & Standard) WAPDA / PEPCO.

18. Joint Type tests except EMC tests be valid for a period of 12- months and be carried after expiry (one year), whereas EMC tests to be carried at AWC which should be valid for 18- months, once during the validity of prototype.

19. The meters supplied by the manufacturer should have the embossing/ printing/ punching/engraving of P.O. No., Date and Name of the Manufacturer at suitable location on meter frame, name plate and Polycarbonate housing. Further the word “Warranty upto _________” shall also be embossed / printed / Stamped with bold black colour on the name plate of the meter. Note: Mention last date of expiry of warranty as per 24-month warranty period.

20. Any changes suggested by the Chief Engineer (Design & Standard) PEPCO / WAPDA WAPDA during prototype testing for compliance of Specification and Purchase Order shall have to be incorporated without any extra price claim.

21. The testing charges of the material, if any, shall be borne by the tenderer.22. All the meters shall be locally manufactured at your Works or approved facilities in Pakistan

under your quality control. Representative of Chief Engineer (MI) NTDC / WAPDA, Chief Engineer (Design & Standards) NTDC / WAPDA & Director (Purchase) PEPCO / WAPDA shall verify the local manufacturing of parts/components at your Works or facilities elsewhere in Pakistan and assembly of complete meter at your works during Stage Inspection of mass production once in every two months duration.

23. The tenderer shall provide free of charge all such assistance, instruments, machines, labour & material as are normally required for carrying out such tests.

24. The tenderer shall submit the delivery schedule with offer.25. The Contractor/Supplier have to submit the requisite Certificate (attached as Annexure-B),

duly filled in, regarding the Declaration of Fees, Commission & Brokerage etc paid by you about Goods, Services & Works.

26. INSPECTION:Inspection of offered material will be carried out at the manufacturer’s premises by the C.E (MI) NTDC and LESCO team or his / their authorized representatives if required by the purchaser / competent authority. All expenses of Inspectors / Engineers will be born by the Tenderer. Boarding/Lodging, Daily Allowance etc. shall have to be Borne by the Tenderers/Supplier. The manufacturer shall allow to Inspector(s) the use of his laboratory material, instruments & labour free of cost as per provision of the specification /usual trade practice. The manufacturer/Supplier will have to deposit Inspection Fee @ 0.5% of the cost of material on order while offering material for inspection in the Account of Chief Engineer (Material Inspection) NTDC.

27. WARRANTY:-Successful Tenderer (supplier) will furnish a Warranty Certificate, certifying that the goods supplied conform exactly to the Specifications laid down in the Contract and are brand new and that in the event of the material being found defective or not conforming to the Specifications/Particulars governing supply at the time of delivery and for a period of 24-months from the date of completion of supply, supplier will be held responsible for all losses and that the unacceptable goods shall be substituted/ replaced with the acceptable goods at his expense and cost.

28. LIQUIDATED DAMAGES:-Late delivery of stores, the Liquidated Damages levied @ 2% per month or a fraction thereof subject to a maximum of 10% of the Contract value.

34

35

29. RESOLUTION OF DISPUTE.29.1 Engineer’s Decision (C.E Design Distt.)

If a dispute of any kind whatsoever arises between the Purchaser and the Manufacturer/ Supplier in connection with the Works, the matter in dispute shall, in the first place, be referred in writing to the Engineer, with a copy to the other party. Such reference shall state that it is made pursuant to this Clause. No later than the twenty eight (28) days after the day on which he received such reference, the Engineer shall give notice of his decision to the Purchaser and the Contractor.

29.2 Unless the Contract has already been repudiated or terminated, the Contractor shall, in every case, continue to proceed with the Work with all due diligence, and the Contractor and the Purchaser shall give effect forthwith to every such decision of the Engineer unless and until the same shall be revised, as hereinafter provided in an arbitral award.

29.3 Notice of Dissatisfaction.If a Party is dissatisfied with the decision of the Engineer or if no decision is given within the time set out in Sub-Clause 29.2 here-above, the Party may give notice of dissatisfaction referring to this Sub-Clause within 14 days of receipt of the decision or the expiry of the time for the decision. If no notice of dissatisfaction is given within the specified time, the decision shall be final and binding on the Parties. If notice of dissatisfaction is given within the specified time, the decision shall be binding on the Parties who shall give effect to it without delay unless and until the decision of the Engineer is revised by an arbitrator.

29.4 ArbitrationA dispute which has been the subject of a notice of dissatisfaction shall be finally settled as per provisions of Arbitration Act 1940 (Act No. X of 1940) and Rules made thereunder and any statutory modifications thereto. Any hearing shall be held at Lahore Pakistan.

30. The In-house laboratory equipment for local manufacturer must hold certification of calibration from its original manufacturer with date of calibration and expiry or from any independent testing and calibration agency.

31. The manufacturer/supplier shall provide valid proof of his ISO Certification of the manufacturer.

36

Section-7

STANDARD FORMS

37

TABLE OF CONTENTS

Sr No.

Description Page No.

1. Form of Tender Security 34-352. Form of Performance Security 36-37

38

FORM OF TENDER SECURITY(Bank Guarantee)

Guarantee No.______________Executed on________________Expiry Date________________

Letter by the Guarantor to the Purchaser.Name of Guarantor (Bank) with address:___________________________Name of Principal (Tenderer ) with address: ____________________________________________________________________________________Penal Sum of Security (express in words and figures): _____________________________________________________________________________Tender Reference No.____________________Date of Tender__________KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the Tender and at the request of the said Principal, we the Guarantor above-named are held and firmly bound unto the _______________________________________ (hereinafter called the “Purchaser”) in the sum stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Tender numbered dated as above for _________________ __ __________________________(Particulars of Tender) to the said Purchaser; andWHEREAS, the Purchaser has required as a condition for considering said Tender that the Principal furnish a Tender Security in the above said sum to the Purchaser, conditioned as under:(1) that the Tender Security shall remain valid for a period of _____days after tender opening date. (2) that in the event of;

a) the Tenderer withdraws his Tender during the period of validity of Tender, or b) the Tenderer does not accept the correction of his Tender Price.c) failure of the successful tender to

i. furnish the required Performance Security.ii. sign the proposed Contract Agreement/ Acceptance of P.O.

then the entire sum be paid immediately to the said Purchaser as Liquidated Damages and not as penalty for the successful tenderer’s failure to perform.

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

PROVIDED ALSO THAT the Purchaser shall be the sole and final judge for deciding whether the Principal has duly performed his obligation to sign the Contract Agreement and to furnish the requisite Performance Security within the time stated above, or has defaulted in fulfilling said requirements and the Guarantor shall pay without objection the sum stated above upon first written demand from the Purchaser forthwith and without any reference to the Principal or any other person.

IN WITNESS WHEREOF, the above bounden Guarantor has executed the instrument under its seal on the date indicated above, the name and seal of the Guarantor being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

(Guarantor (Bank)

Witness: 1. Signature__________________

1. ______________________ 2. Name. ____________________

______________________ 3. Title. ___________________ (Corporate Secretary (Seal)

2. ______________________ ____________________________

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

39

40

FORM OF PERFORMANCE SECURITY(Bank Guarantee)

Guarantee No.______________Executed on________________Expiry Date________________

Letter by the Guarantor to the Purchaser.

Name of Guarantor (Bank) with address:__________________________________________________________Name of Principal (Tenderer ) with address: ________________________________________________________Penal Sum of Security (express in words and figures): _______________________________________________Contract No.____________________Date __________ Letter of Acceptance No.____________Dated__________

KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the Tender Documents and above said Letter of Acceptance (hereinafter called the Documents) and at the request of the said Principal, we the Guarantor above-named are held and firmly bound unto the _______________________________________ (hereinafter called the “Purchaser”) in the sum of the amount stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has accepted the Purchaser’s above said Letter of Acceptance for _____________________ ________________________ (name of Contract) for the _________________ ____________________________(Name of Project)

NOW WHEREAS, if the Principal (Contractor) shall well and truly perform and fulfill all the undertakings, covenants, terms and conditions of the said Documents during the original terms of the Said Documents and any extensions thereof that may be granted by the Purchaser, with or without notice to the Guarantor, which notice is, hereby, waived and shall also well and truly perform and fulfill all the undertakings, covenants terms and conditions of the Contract and of any and all modifications of said Documents that may hereafter be made, notice of which modifications to the Guarantor being hereby waived, then, this obligation to be null and void; otherwise to remain in full force and effect till________________(Date).

Our total liability under this Guarantee is limited to the sum stated above and it is a condition of any liability attaching to us under this Guarantee that the claim for payment in writing shall be received by us within the validity period of this Guarantee, failing which we shall be discharged of our liability, if any, under this Guarantee.

We, _____________________________________(the Guarantor), waiving all objections and defences under the Contract, do hereby irrevocably and independently guarantee to pay to the Purchaser without delay upon the Purchaser’s first written demand without cavil or arguments and without requiring the Purchaser to prove or to show grounds or reasons for such demand any sum or sums up to the amount stated above, against the Purchaser’s written declaration that the Principal has refused or failed to perform the obligations under the Contract which payment will be effected by the Guarantor to Purchaser’s designated Bank & Account Number.

PROVIDED ALSO THAT the Purchaser shall be the sole and final judge for deciding whether the Principal (Contractor) has duly performed his obligation under the Contract or has defaulted in fulfilling said obligations and the Guarantor shall pay without objection any sum or sums up to the amount stated above upon first written demand from the Purchaser forthwith and without any reference to the Principal or any other person.

IN WITNESS WHEREOF, the above bounden Guarantor has executed this Performance Guarantee under its seal on the date indicated above, the name and corporate seal of the Guarantor being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

(Guarantor (Bank)Witness: 1. Signature__________________

1. ______________________ 2. Name. ____________________

______________________ 3. Title. ___________________ (Corporate Secretary (Seal)

41

2. ______________________ ____________________________

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

42

Section-8

LIST OF DOCUMENTS TO BE SUBMITTED ALONGWITH THE

TENDER

43

LIST OF DOCUMENTS TO BE SUBMITTED

1. Tender Security of an amount not less than 2% of the total tender price.2. Technical Literature of LT type CT operated, 4 wire, 3 element, 3 x

230/400 V, 5/10 Amp, 50 Hz Accuracy Class 1.0 (Kw MDI + kwh) and Accuracy Class 2.0 (kvarh) 3-Phase Multirate (TOD/TOU) Solid State Energy Meters, conforming to WAPDA Specification No. DD-S-50:2007 (amended-to-date),

3. Deposit Receipt of Tender Fee in original.4. Schedule of Technical Data duly filled-in, signed and stamped in

quadruplicate by the manufacturer.5. Schedule of Deviations.6. Schedule of qualification of tenderer.7. The manufacturers can participate in the tender on providing their current

Prequalification/Registration with LESCO/WAPDA/ DISCOs under Category M-5.

8. Certificate of registration with Sales Tax Department.9. One No. sample LT type CT operated, 4 wire, 3 element, 3 x 230/400

V, 5/10 Amp, 50 Hz Accuracy Class 1.0 (Kw MDI + kwh) and Accuracy Class 2.0 (kvarh) 3-Phase Multirate (TOD/TOU) Solid State Energy Meters, conforming to WAPDA Specification No. DD-S-50:2007 (amended-to-date).

10. Copy of ISO Certification.11. Copy of valid Prototype approval from Chief Engineer (Design & Standard)

PEPCO / WAPDA, if applicable12. Declaration of fees, commission and brokerage etc. payable by the

suppliers of goods, services and works in contracts worth Rs 10 Million or more

13. Certificate that General Conditions of Contract for purchases by PEPCO / WAPDA dated 12/08/1984 amended up to date and latest purchase procedure PPRA-2004 (amended to date) are acceptable to the bidder and are hereby agreed to by the bidder

14. Last three year satisfactory performance

SIGNATURE OF TENDERER ADDRESS WITH OFFICE

STAMP

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