Bidding Documents For Jahangira Nowshera For Contract No. PM 2018 19 KPK 07

GOYERNMENT OF PAKISTAN
MINISTRY OF COMMUNICATION
National Highway AuthoritY

28-MauveArea, G-91I,Islamabad
- Fax 051-9260419
Phone:051-9032727
ri$r.^.Arr
FPi[xa"Y
BIDDING DOCUME,NT
for
PeriodicMaintenance(StructuralOverlay)Projects
for KPK Regionfrom Km 164l+000- 1654+000
NBC on N-5 (Jahangira- Nowshera)(AMP 2018-19)
ContractNo.PM-2018-19-KPK-07
(single StageTwo EnvelopeBidding Procedure)
February - 2020
Contract No. PM-20 18- 19-KPK-07

TABLE OF CONTENTS
Description
INVITATION FOR BIDS
Form
INSTRUCTIONS TO BIDDERS
A. General
IB.1 Scopeof Bid

lB.2 Sourceof Funds
IB.3 Eligible Bidders
IB.4 One Bid Per Bidder
IB.5 Cost of Bidding
IB.6 Site Visit
B. Bidding Documents
IB.7 Contentsof Bidding Documents

IB.8 Clarificationof Bidding Documents
IB.9 Amendment of Bidding Documents
C. Preparation of Bids
IB.10. Languageof Bid

IB.11 DocumentsComprisingthe Bid
18.12 Bid Prices
18.13 Currenciesof Bid and Payment
IB.14 Bid Validity
I8.15 Bid Security
I8.16 AlternateProposalsby Bidder
IB.17 Pre-BidMeeting
18.18 Formatand Signing of Bid
D. Submission of Bids for Single Stage Two Envelope Bidding

Procedure
IB.l9 Sealingand Marking of Bids

IB.20 Deadlinefor Submissionof Bids
18.21 Late Bids
I8.22 Modification. Substitution and Withdrawal of Bids
Contract No. PM-20 18- 19-KPK-07 Page 2

E. Bid Opening and Evaluation for Single Stage Two Envelope
Bidding Procedure
18.23 Bid Opening

18.24 Processto be Confidential
18.25 Clarificationof Bids
18.26 Examination of Bids and Determination of Responsiveness
18.27 Correction of Errors
18.28 Evaluationand Comparisonof Bids
F. Award of Contract
18.29 Award
18.30 Employer'sRight to Accept any Bid and to Rejectany or all
Bids
IB.31 Notificationof Award
18.32 PerformanceSecurity
IB.33 Signingof ContractAgreement
18.34 GeneralPerformanceof the bidders
IB.35 Integrity Pact
18.36 Instructionsnot Partof Contract
BIDDING DATA SHEET
LETTERS OF TECIINICAL BID/PRICE BID ANDAPPENDICESTO BID
Letterof TechnicalBid
Letterof PriceBid
Appendix-Ato Bid SpecialStipulations
Appendix-Bto Bid Foreign CurrencyRequirements
Appendix-Cto Bid Price Adjustment Under Clause 70 of
Conditionsof Contract
Appendix-Dto Bid Bill of Quantities
Appendix-Eto Bid ProposedConstructionSchedule
Appendix-Fto Bid Methodof Performingthe Work
Appendix-Gto Bid List of Major Equipment- Related
Items
Appendix-Hto Bid ConstructionCampandHousing
Facilities
Appendix-Ito Bid List of Subcontractors
Appendix-Jto Bid EstimatedProgressPayments
Appendix-Kto Bid Chartof the Supervisory
Organization
Staff and Labor
Appendix-Lto Bid Integrity Pact
-\.- . ) - * - -
t

Appendix-M to Bid : Financial competenceand accessto
financial resources
Appendix-N to Bid : PastPerformance,Current commitment,
Qualifi cation and Experience
FORMS Bid Security

Form of Performance Security
Form of Contract Agreement
Mobilization Advance Guarantee
Indemnity Bond for Secured Advance Against Material Brought at
Site
Part-I: GENERAL CONDITIONS OF CONTRACT

Part-II: PARTICULAR CONDITIONS OF CONTRACT
Part-III: SPECIAL PROVISIONS (CONTRACTUAL)
SPECIFICATIONS _SPECIAL PROVISIONS
SPECIFICATIONS _TECHNICAL PROVISIONS
DRAWINGS

INSTRUCTIONS
TO
BIDDERS

INSTRUCTIONS TO BIDDERS
(Note: These Instructions to Bidders along with Bidding Data Sheetwill not be part
of the Contract and will ceaseto have effect once the contractis signed.)
A. GENERAL
IB.1 Scopeof Bid
1.1 The Employer as defined in the Bidding Data Sheethereinaftercalled "the Employer"
wishes to receive bids for the construction and completion of works as describedin
these Bidding Documents, and summarized in the Bidding Data Sheet hereinafter
referredto as the "'Works".
t.2 The successfulbidder will be expectedto completethe Works within the time
specifiedin Appendix-Ato Bid.
lB.2 Source of Funds
2.1 The Employer has applied for/received a loan/uedit from the source (s) indicated in
the Bidding Data Sheetin various currenciestowards the cost of the project specified
in the Bidding Data Sheet and it is intended that part of the proceeds of this
loan/credit will be applied to eligible paynents under the Contract for which these
Bidding Documentsare issued.
IB.3 Eligible Bidders
3.1 This Invitation for Bids is open to all bidders meeting the requirementsas mentioned
in Bidding DataSheet:
Duly licensedby the Pakistan Engineering Council (PEC) in the category relevant to
the value of the Works.
lB.4 One Bid per Bidder
4.1 Each bidder shall submit only one bid either by himself, or as a partner in a joint
venture. A bidder who participates in more than one bid(other than alternatives
pursuantto ClauseIB.16) will be disqualified.
IB.5 Cost of Bidding
5.1 The bidders shall bear all costs associatedwith the preparation and submission of
their respective bids and the Employer will in no case be responsible or liable for
those costs,regardlessof the conduct or outcome of the bidding process.
Contract No. PM-20 18- 19-KPK-07 ,

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18.6 SiteVisit
6.1 The bidders are advisedto visit and examine the Site of Works and its surroundings
and obtain for themselveson their own responsibility all information that may be
necessaryfor preparing the bid and entering into a contract for construction of the
Works. A11cost in this respectshall be at the bidder's owrr expense.
6.2 The bidders and any of their personnel or agents will be granted permission by the
Employer to enter upon his premisesand lands for the purposeof such inspection,but
only upon the express condition that the bidders, their personnel and agents, will
release and indemnify the Employer, his personnel and agents from and against all
liability in respectthereof and will be responsiblefor death or personalinjury, loss of
or damageto property and any other loss, damage, costs and expensesincurred as a
result of such inspection.
B. BIDDING DOCUMENTS
IB.7 Contents of Bidding Documents
7.7 The Bidding Documents,in addition to invitation for bids, are those statedbelow and
should be read in coniunction with anv Addenda issued in accordancewith Clause
I8.9.
1. Instructions to Bidders.
2. Bidding Data Sheet.
a
J. GeneralConditions of Contract,Pafi-I(GCC).
4. Particular Conditions of Contract,Part-II(P CC).
5. Specifications- SpecialProvisions.
6. Specifications- Techni'calProvisions.
7. Form of Bid & Appendicesto Bid.
8. Bill of Quantities(Appendix-D to Bid).
9. Form of Bid Security.
10. Form of ContractAgreement.
11. Forms of Performance Security and Mobilization Advance Guarantee/Bond
and Form of Indemnity Bond for SecuredAdvance
12. Drawings.
7.2 The bidders are expected to examine carefully the contents of all the above
documents.Failure to comply with the requirementsof bid submissionwill be at the
Bidder',s own risk. Pursuant to Clause 18.26, bids which are not substantially
responsiveto the requirementsof the Bidding Documentswill be rejected.
IB.8 Clarification of Bidding Documents
8.1 Any prospective bidder requiring any clarification (s) in respect of the Bidding
Documentsmay notify the Employer in writing at the Employer's addressindicated in
the Invitation for Bids. The Employer will respond to any request for clarification
which he receivesearlier Ihan28 days prior to the deadlinefor submissionof bids.
Copiesof the Employer's responsewill be forwardedto all purchasersof the Bidding

Documents,including a description of the enquiry but w (lgltit ing its source.
Contract No. PM-20 18-I9 -KPK-O7

IB.9 Amendment of Bidding Documents
9.1 At any time prior to the deadline for submission of bids, the Employer may, for any
reason,whether at his own initiative or in responseto a clarification requestedby a
prospectivebidder, modify the Bidding Documentsby issuing addendum.
9.2 Any addendumthus issuedshall be part of the Bidding Documentspursuantto IB 7.1

hereof and shall be communicated in writing to all purchasers of the Bidding
Documents. Prospective bidders shall acknowledge receipt of each addendum in
writing to the Employer.
9.3 To afford prospective bidders reasonabletime in which to take an addendum into

accountin preparing their bids, the Employer may extend the deadline for submission
of bids in accordancewith Clause18.20
C. PREPARATION OF BIDS
18.10 Language of Bid
1 0 . 1 The bid and all correspondenceand documents related to the bid exchangedby a
bidder and the Employer shall be in the bid language stipulated in the Bidding Data
Sheet and Particular Conditions of Contract. Supporting documents and printed
literature furnished by the bidders may be in any other language provided the same
are accompaniedby an accuratetranslation of the relevant parls in the bid language,
in which case, for purposes of evaluation of the bid, the translation in bid language
shall prevail.
IB.11 Documents Comprising th,eBid
11.1 The Bid shall comprise two envelopessubmitted simultaneously,one called the
Technical Bid and the other the Price Bid, containing the documentslisted in Bidding
Data Sheetunder the headingof IB 11.1 A & B respectively.Both envelopesto be
enclosedtogether in an outer single envelopecalled the Bid. Each bidder shall fumish
all the documentsas specifiedin Bidding Data Sheet11.1A& B.
lI.2 Bids submitted by a JV shall include a copy of the Joint Venture Agreement entered
into by all partners. Alternatively, a Letter of Intent to execute a Joint Venture
Agreenrent in the event of a successful bid shall be signed by all partners and
submitted with the bid, together with a copy of the proposed agreement.The role to
be played by eachpartner to be specifiedtherein. Bids submittedby a joint venture of
.two (2) or more firms shall comply with the following requirements:
(a) In caseof a successfulbid, the Form of JV Agreement shall be signed so as to

be legally binding on all partners within 7 days of the receipt of letter of
acceptancefailing which the contract and the letter of acceptanceshall stand
void and redundant.
(b) One of the joint venture partners shall be nominated as being in charge; and
this authorization shall be evidencedby submitting a power of attorney signed
by legally authorizedsignatoriesof all the joi rtners;

(c) The partner-in-charge shall always be duly authoized to deal with the
Employer regarding all matters related with andlor incidental to the execution
of Works as per the terms and Conditions of JV Agreement and in this regard
to incur any and all liabilities, receive instructions, give binding undertakings
and receivepaymentson behalf of the joint venture;
(d) All partnersof the joint venture shall at all times and under all circumstances
be liable jointly and severally for the execution of the Contract in accordance
with the Contract terms and a statementto this effect shall be included in the
authorization mentioned under Sub-Para(b) above as well as in the Form of
Bid and in the Form of JV Agreement (in caseof a successfulbid); and
(e) A copy of JV agreementshall be submitted before signing of the Contract,

stating the conditions under which JV will function, its period of duration, the
persons authorized to represent and obligate it and which persons will be
directly responsible for due performance of the Contract and can give valid
receipts on behalf of the joint venture, the proportionate participation of the
severalfirms forming the joint venture, and any other information necessaryto
permit a full appraisalof its functioning. The JV Agreement shall be made part
of the contract. No amendments / modifications whatsoever in the joint
venture agteement shall be agreed to between the joint venture partners
without prior written consentof the Employer.
11.3 The Bidder shall furnish, as part of the Technical Bid, a Technical Proposalincluding
a statement of work methods, equipment, personnel, schedule and any other
information as stipulated Bidding Forms, in sufficient detail to demonstrate the
adequacyof the Bidders' proposal to meet the work requirementsand the completion
time referredto in Sub-Clause1.2hereof.
lB..l2 Bid Prices
l2.I Unless statedotherwisein the Bidding Documents,the Contract shall be for the whole
of the Works as described in IB 1.1 hereof, based on the unit rates and / or prices
submittedby the bidder.
12.2 The bidders shall fill in rates and prices for all items of the Works describedin the
Bill of Quantities. Items againstwhich no rate or price is enteredby a bidder will not
be paid for by the Employer when executedand shall be deemedcoveredby rates and
prices for other items in the Bill of Quantities.
123 All duties, taxes and other levies payable by the Contractor under the Contract, or for
any other cause,as on the date 28 days prior to the deadline for submission of bids
shall be included in the rates and prices and the total Bid Price submittedby a bidder.
Additional / reducedduties, taxes and levies due to subsequentadditions or changesin
legislation shall be reimbursed / deducted as per Sub-Clause 70.2 of the General
Conditions of Contract Part-I.
Contract No. PM-20 1B-19-KPK-07

12.4 The rates and prices quoted by the bidders are subject to adjustment during the
performance of the Contract in accordancewith the provisions of Clause 70 of the
Conditions of Contract. The bidders shall furnish the prescribed information for the
price adjustmentformulae in Appendix C to Bid and shall submit with the bids such
other supportinginformation as required under the said clause.
IB.13 Currencies of Bid and Pavment
13.1 The unit rates and the prices shall be quoted by the bidder entirely in Pak
rupees.A bidder expectingto incur expendituresin other currenciesfor inputs to the
Works supplied from outside the Employer's country (refened to as the 'oForeign
Currency Requirements") shall indicate the same in Appendix-B to Bid. The
proportion of the Bid Price (excluding Provisional Sums) needed by him for the
payrnent of such Foreign Currency Requirementseither (i) entirely in the currency of
the Bidder's home country or, (ii) at the bidder's option, entirely in Pak rupees
provided always that a bidder expecting to incur expenditures in a currency or
currencies other than those stated in (i) and (ii) above for a portion of the foreign
cuffency requirements, and wishing to be paid accordingly, shall indicate the
respectiveportions in his bid.
13.2 The rates of exchangeto be used by the bidder for currency conversion shall be the
TT & OD Selling Rates published or avtborized by the State Bank of Pakistan
prevailing on the date 28 days prior to the deadline for submission of bids. For the
pulpose of payments, the exchangerates used in bid preparation shall apply for the
duration of the Contract.
18.14 Bid Validity
l4.I Bids shall remain valid for the period stipulated in the Bidding Data Sheet after the
Date of Bid Openingspecifiedin ClauseI8.23.
14.2 In exceptional circumstances,prior to expiry of the original bid validity period, the
Employer may request that the bidders extend the period of validity for a specified
additional period which shall in no casebe more than the original bid validity period.
The request and the responsesthereto shall be made in writing. A bidder may refuse
the request without forfeiting his Bid Security. A bidder agreeingto the requestwill
not be required or permitted to modify his bid, but will be required to extend the
validity of his Bid Security for the period of the extension, and in compliance with
' ClauseI8.15 in all respects.
18.15 Bid Security
15.1 Each bidder shall furnish, as part of his bid, a Bid Security in the amount stipulatedin
the BiddingDala Sheetin Pak Rupeesor an equivalent amount in a freely convertible
curency. '#
Contract No. PM-20 18-19-KPK-07

15.2 The Bid Security shall be, at the option of the bidder, in the form of Deposit at Call or
a Bank Guaranteeissued by a ScheduledBank in Pakistan or from a foreign bank
duly counter guaranteedby a ScheduledBank in Pakistan or an insurancecompany
having atleast AA rating from PACRA/JCR in favour of the Employer valid for a
period 28 days beyond the Bid Validity date.
15.3 Any bid not accompaniedby an acceptableBid Security shall be rejectedby the
Employer as non-responsive.
15.4 The bid securitiesof unsuccessful bidderswill be returnedas promptly as

but not laterthan28 daysafterthe expirationof theperiodof Bid Validity.
15.5 The Bid Security of the successfulbidder will be returned when the bidder has
furnished the required PerformanceSecurity and signedthe Contract Agreement.
15.6 The Bid Securitvmav be forfeited:
(a) If the bidder withdraws his bid except as provided in

(b) If the bidder doesnot acceptthe correction of his Bid Fricepursuantto IB 27.2
hereof; or
(c) In the caseof successfulbidder, if he fails within the specifiedtime limit
(i) Furnish the required PerformanceSecurity;

(ii) Sign the ContractAgreement,or
(iii) Furnish the required JV agreementwithin 7 days of the receipt of letter
ofacceptance.
IB.16 Alternate Proposals by Bidder
t6.l Should any bidder consider that he can offer any advantagesto the Employer by a
modification to the designs,specificationsor other conditions, he may, in addition to
his bid to be submitted in strict compliancewith the Bidding Documents,submit any
Alternate Proposal(s) containing (a) relevant design calculations; (b) technical
specifications; (c) proposed construction methodology; and (d) any other relevant
details / conditions, provided always that the total sum enteredon the Letter of Price
Bid: shall be that which represents complete compliance with the Bidding
Documents. The technical details and financial implication involved are to be
submitted in two separate.sealed envelopesas to be followed in main bid proposals.
16.2 Alternate Proposal(s),if any, of the lowest evaluatedresponsivebidder only may be

consideredby the Employer as the basis for the award of Contract to suchbidder.
IB.I7 Pre-Bid Meeting
T7,I The Employer may, on his own motion or at the requestof any prospectivebidder(s),
hold a pre-bid meeting to clarify issues and to answer any questions on matters
related to the Bidding Documents. The date, time and venue of pre-bid meeting, if
convened,is as stipulatedin the Bidding Data Sheet.All prospectivebidders or their
authorizedrepresentatives shall be invited to attendsucha pre-bidmeeting.
Contract No. PM-20 18- i9-KPK-07 Page 11

1 7 . 2 The bidders are requestedto submit questions,if any, in writing so as to reach the
Employer not later than seven(7) days before the proposedpre-bid meeting.
17.3 Minutes of the pre-bid meeting, including the text of the questions raised and the
replies given, will be transmitted without delay to all purchasers of the Bidding
Documents.Any modification of the Bidding Documentslisted in IB 7.1 hereof,
which may become necessaryas a result of the pre-bid meeting shall be made by the
Employer exclusively through the issue of an Addendum pursuantto ClauseIB.9 and
not through the minutes of the pre-bid meeting.
17.4 Absence atthe pre-bid meeting will not be a causefor disqualification of a bidder.
IB.18 Format and Signing of Bid
1 8 . 1 Bidders are particularly directed that the amount enteredon the Letter of Price Bid
shall be for performing the Contract strictly in accordance with the Bidding
Documents.
18.2 All appendicesto Bid are to be properly completedand signed.
1 8 . 3 No alteration is to be made in the Letters of Price and Technical Bids nor in the
Appendicesthereto except in filling up the blanks as directed. If any such alterations
be made or if theseinstructions be not fully cor,npliedwith, the bid may be rejected.
1 8 . 4 The Bidder shall prepare one original of the Technical Bid and one original of the
Price Bid comprisingthe Bid as describedin BiddingData SheetagainstIB 11 and
clearly mark it "ORIGINAL - TECHNICAL BID" and "ORIGINAL - PRICE BID".
In addition, the Bidder shall submit two (2) copies of the Bid and clearly mark each
of them "COPY." In the event of any discrepancy between the original and the
copies,the original shall prevail.
1 8 . 5 The original and all copies of the Bid shall be typed or written in indelible ink and
shall be signed by a person duly authorized to sign on behalf of the Bidder. This
authorizationshall consist of a written confirmation as specified in the Bidding Data
Sheet and shall be attachedto the bid. The name and position held by each person
sig{ng the authorization must be typed or printed below the signature.All pagesof
the Bid, except for unamendedprinted literafure, shall be signed or initialed by the
personsigning the bid.
18.6 Any amendmentssuch as interlineations, erasures,or overwriting shall be valid only

if they are signed or initialed by the person signing the bid.
18.7 Bidders shall indicate in the spaceprovided in the Letter of Technical and Price Bids,
their full and proper addressesat which notices may be legally servedon them and to
which all correspondencein connectionwith their bids and the Contract is to be sent.
1 8 . 8 Bidders should retain a copy of the Bidding Documentsas their file copy.

D. SUBMISSIONOF BIDS FOR SINGLE STAGE TWO ENVELOPEBIDDING
PROCEDURE
IB.19 Sealing and Marking of Bids
19.1Eachbidder shall submithis bid asunder:
(a) ORIGINAL and each copy of the Bid shall be separatelysealed and put in
separateenvelopesand marked as such.
(b) The envelopescontainingthe ORIGINAL and copieswill be put in one sealed

envelopeand addressed/ identified as given inIB I9.2 hereof.
(c) The technicalbid should comprise of documentslisted in IBll.l (A) &the

pricebid should compriseof documentslisted in IB 11.1 (B) which shall be
placedin separateenvelopesin accordancewith IB 11.1.
l9.2The inner and outer envelopesshall:
(a) Be addressedto the Employer at the addressprovided in the Bidding Data

Sheet:
(b) Bear the name and identification number of the contract as defined the
Bidding Data Sheet;and
(c) Provide a warning not to open before the time and date for bid opening, as
specifiedin the Bidding Data Sheet.
lg.3 In addition to the identification required inIB 19.2 hereof, the inner envelope shall
indicate the name and addressof the bidder to enablethe bid to be returnedunopened
in caseit is declared"Iate" pursuantto ClauseIB.2I
19.4 If the outer envelope is not sealedand marked as above, the Employer assume
no responsibility for the misplacementor prematureopening of the Bid.
18.20 Deadline for Submissionof Bids
20.1 (a) Bids must be received by the Employer at the address no later than
the time and date stipulatedin the Bidding Data Sheet.
(b) Bids with charges payable will not be accepted,nor will arrangementsbe
undertakento collect the bids from any delivery point other than that specified
above. Bidders shall bear all expensesincurred in the preparationand delivery
of bids. No claims will be entertainedfor refund of such expenses.
(c) Where delivery of a bid is by mail and the bidder wishes to receive an
acknowledgment of receipt of such bid, he shall make a request for such
acknowledgmentin a separateletter attachedto but not included in the sealed
bid package.
(d) Upon request, acknowledgmentof receipt of bids will be vided to those

making delivery in person or by messenger.

20.2 The Employer may, at his discretion, extend the deadline for submissionof Bids by
issuing an amendmentin accordancewith Clause IB.9, in which case all rights and
obligations of the Employer and the bidders previously subject to the original
deadlinewill thereafterbe subiectto the deadlineas extended.
18.21 Late Bids
2t. (a) Any bid received by the Employer after the deadline for submission of bids
prescribedin Clause18.20 will be returnedunopenedto suchbidder.
(b) Delays in the mail, delays of personin transit, or delivery of a bid to the wrong
office shall not be acceptedas an excuse for failure to deliver a bid at the
proper place and time. It shall be the bidder's responsibilityto determinethe
manner in which timely delivery of his bid will be accomplished either in
person,by messengeror by mail.
1B..22Modificationo Substitution and Withdrawal of Bids
2 2 . 1 Any bidder may modify, substituteor withdraw his bid after bid submissionprovided
that the modification, substitution or written notice of withdrawal is received by the
Employer prior to the deadline for submissionof bids.
22.2 The modification, substitution, or notice for withdrawal of any bid shall be prepared,
sealed,marked and deliveredin accordancewith the provisionsof ClauseI8.19 with
the outer and inner envelopes additionally marked "MODIFICATION",
"SUBSTITUTION" or "WITHDRAWAL" as appropriate.
22.3 No bid may be modified by a bidder after the deadline for submission of bids except
in accordancewith IB 22J attd27.2.
22.4 Withdrawal of a bid during the interval between the deadline for submission of bids
and the expiration of the period of bid validity specified in the Form of Bid may result
in forfeitureof the Bid Securityin pursuanceto ClauseIB.15.
E. BID OPENING AND EVALUATION FOR SINGLE STAGE TWO ENVELOPE

BIDDING PROCEDURE
18.23 Bid Opening
23.I The Employer will open the Technical Bids in public at the address,date and time
:
specified in the Bidding Data Sheet in the presence of Bidders' designated
representatives and anyone who choose to attend. The Price Bids will remain
unopenedand willbe held in custody of the Employer until the specified time of their
opening.
23.2 First, envelopes marked "WITHDRAWAL" shall be opened and read out and the
envelope with the correspondingbid shall not be opened,but returned to the Bidder.
No bid withdrawal shall be permitted unless the corresponding Withdrawal Notice
contains a valid authoization to request the withdra ip readout at bid opening.
Contract No. PM-2018- 19-KPK-07 Page 14

23.3 Second, outer envelopesmarked "SUBSTITUTION" shall be opened. The inner
envelopes containing the Substitution Technical Bid andlor Substitution Price Bid
shall be exchangedfor the correspondingenvelopesbeing substituted,which are to be
returned to the Bidder unopened.Only the Substitution Technical Bid, if any, shall be
opened, read out, and recorded. Substitution Price Bid will remain unopened in
accordancewith IB 23.1No envelopeshall be substitutedunlessthe corresponding
Substitution Notice contains a valid authoizatron to request the substitution and is

read out and recordedat bid opening.
23.4 Next, outer envelopesmaTked"MODIFICATION" shall be opened.No TechnicalBid

andlor Price Bid shall be modified unless the corresponding Modification Notice
contains a valid authorizationto requestthe modification and is read out and recorded
at the opening of Technical Bids. Only the Technical Bids, both @ginal as well as
Modification, are to be opened,readout, and recordedat the opening.Price Bids, both
Original and Modification, will remain unopenedin accordancewith IB 23.1. The
Bidders' representativeswho are present shall be requestedto sign the record. The
omission of a Bidder's signature on the record shall not invalidate the contents and
effect of the record. A copy of the record shall be distributed to all Bidders.
23.5 Other envelopesholding the Technical Bids sha-llbe opened one at a time, and the
followine read out and recorded:
(a) the name of the Bidder:

(b) whether there is a modification or substitution;
(c) the presenceof a Bid Security, if required; and
(d) Any other details as the Employer may considerappropriate.
No Bid shall be rejeoted at the opening of Technical Bids except for late bids, in
accordancewith IB 21.1. Qnly Technical Bids read out and recorded at bid opening
shall be consideredfor evaluation.
Prelimin4ry Examination of Technical Bids
23.6 a) The Employer shall first examine qualification and experience Dataas per
appendix M and N submitted by the Bidder. The technical proposal
examination of those bidders only shall be taken in hand who meet the
, minimum requirementas mentioned in appendix M and N. Only substantially
responsivequalification shall be consideredfor further evaluation.
b) The Employer shall examine the Technical Bid to confirm that all the
documents have been provided, and to determine the completenessof each
document submitted.
23.7 The Employer shall confirm that all the documents and information have been
provided for evaluationof Technical bid as required under thesebidding documents.
PM-2018-19-KPK-07
2 3 . 8 At the end of the evaluationof the Technical Bids, the Employer will invite only those
bidders who have submitted substantially responsive Technical Bids and who have
been determinedas being qualified for award to attendthe opening of the Price Bids.
The date,time, and location of the opening of Price Bids will be advisedin writing by
the Employer. Bidders shall be given reasonablenotice for the opening of Price Bids.
2 3 . 9 The Employer will notiS Bidders in writing who have been rejected on the grounds
of their Technical Bids being substantially non-responsiveto the requirementsof the
Bidding Document and return their Price Bids unopenedbefore inviting others, who
are determinedas being qualified, to attendthe opening of Price Bids.
23.10 The Employer shall conductthe openingof Price Bids of all Bidders who submitted
substantially responsive Technical Bids publically in the presence of Bidders'
representativeswho choose to attend at the address,date and time specified by the
Employer. The Bidder's tepresentativeswho are present shall be requestedto sign a
register evidencing their attendance.
23.11 All envelopescontainingPrice Bids shall be openedone at a time and the

read out and recorded:
(a) The name of the Bidder;

(b) Whether there is a modification or substitution;
(c) The Bid Prices,including any discountsand alternativeoffers; and
(d) Any other details as the Employer may consider appropriate.
Only Price Bids and discounts,read out and recordedduring the opening of Price Bids
shall be considered for evaluation. No Bid shall be rejected at the opening of Price
Bids.
23.12 If this Bidding Document allows Bidders to quote separate prices for different
contracts,and the award to a single Bidder of multiple contracts,the methodology to
determine the lowest evaluated price of the contract combinations is that which is
most economicalto the Employer.
1B..24 Processto be Confidential
24.1 Information relating to the examination, clarification, evaluation and comparison of

,61a andrecommendationsfor the award of a contract shall not be disclosedto bidders
od arry other person not officially concerned with such process before the
announcementof bid evaluation report which shall be done at least ten 10 days prior
to issue of Letter of Acceptance. The announcementto all Bidders will include
table(s) comprising read out prices, discountedprices, price adjustmentsmade, final
evaluatedprices and recommendationsagainst all the bids evaluated.Any effort by a
bidder to influence the Employer's processingof bids or award decisionsmay result
in the rejection of such bidder's bid. Whereasany bidder feeling aggrievedmay lodge
a written complaint not later than fifteen (15) days after the announcementof the bid
evaluation report. However mere fact of lodging a complaint shall not warrant
of theprocurement
suspension process.

IB.25 Clarification of Bids
25.1 To assistin the examination,evaluation andcomparisonof bids, the Employer may, at

his discretion, ask any bidder for clarification of his bid, including breakdownsof unit
rates. The request for clarification and the responseshall be in writing but no change
in the price or substanceof the bid shall be sought, offered or permitted except as
required to confirm the correction of arithmetic effors discoveredby the Employer in
the evaluationof the bids in accordancewith ClauselB.28,
25.2 If a Bidder does not provide clarifications of its Bid by the date and time set in the
Employer's requestfor clarification,its bid may be rejected.
18,26 Examination of Bids and Determination of Responsiveness
26.1 Prior to the detailed evaluationof bids, the Employer will determinewhether eachbid
is substantiallyresponsiveto the requirementsof the Bidding Documents.
26.2 A substantially responsivebid is one which (i) meets the eligibility criteria; (ii) has
been properly signed; (iii) is accompaniedby the required Bid Security; (iv) Includes
signed Integrity Pact where required as per clause 18.35 and (v) Conforms to all the
terms, conditions and specifications of the Bidding Documents, without material
deviation or reservation.A material deviation or reservationis one (i) which affect in
any substantialway the scope, quality or performance of the Works; (ii) which limits
in any substantial way, inconsistent with the Bidding Documents, the Employer's
rights or the bidder's obligations under the Contract; (iii) adoption/rectification
whereof would affect unfairly the-competitive position of other bidders presenting
substantially responsivebids. Only substantially responsive bid shall be considered
for further evaluation.
26.3 If a bid is not substantiallyresponsive,it may not subsequentlybe made responsiveby

correction or withdrawal of the non-conforming material deviation or reservation.The
Employer may, however, seek confirmationl clarification in writing which shall be
respondedin writing.
18,27 Correction of Errors
2 7 . 1 Bids determinedto be substantiallyresponsivewill be checkedby the Employerfor

any arithmeticerrors.Errorswill be correctedby the Employerasfollows:
(a) Where there is a discrepancybetweenthe amountsin figures and in words, the

amount in words will govern; and
(b) Where there is a discrepancy between the unit rate and the line item total
resulting from multiplying the unit rate by the quantity, the unit rate as quoted
will govern, unlessin the opinion of the Employer there is an obviously gross
misplacementof the decimal point in the unit rate, in which casethe line item
total as quotedwill govern and the unit rate will be corrected.
Contract No. PM-20 1B- 79 -KPK-OT

2'7.2 The amount stated in the Letter of Price Bid will be adjusted by the Employer in
accordance with the above procedure for the correction of errors and with the
concunence of the bidder, shall be considered as binding upon the bidder. If the
bidder does not accept the correctedBid Price, his Bid will be rejected, and the Bid
Securityshallbe forfeited in accordancewith I8.15.6 (b) hereof.
18.28 Evaluation and Comparison of Bids
28.I The Employer will evaluateand compareonly the Bids determinedto be substantially
responsivein accordancewith Clause18.26.
28.2 In evaluating the Bids, the Employer will determine for each Bid the evaluatedBid
Price by adjustingthe Bid Price as follows:
(a) Making any correction for errors pursuantto ClauseI8.27;
(b) Excluding Provisional Sums and the provision, if any, for contingenciesin the
Summary Bill of Quantities,but including competitively priced Day work; and
(c) Making an appropriate adjustment for any other acceptable variation or
deviation.
28.3 The estimatedeffect of the price adjustmentprovisions of the Conditions of Contract,

applied over the period of execution of the Contract, shall not be taken into accountin
Bid evaluation.
28.4 If the Bid of the successful bidder is seriously unbalanced in relation to the
Employer's estimate of the cost of work to be performed under the Contract, the
Employer may require the bidder to produce detailed price analyses for any or all
items of the Bill of Quantities to demonstratethe internal consistencyof those prices
with the construction methods and scheduleproposed.After evaluation of the price
analyses,the Employer may require that the amount of the Performance Security set
forth in Clause 18.32 be increasedat the expenseof the successfulbidder to a level
sufficient to protect the Ernployer against financial loss in the event of default of the
successfulbidder under the Contract.
F. AWARD OF CONTRACT
18.29 Award
29.1 Subject to ClausesIB.30 and IB.34, the Employer will award the Contract to the
bidder whose bid has been determined to be substantially responsive to the Bidding
Documents and who has offered the lowest evaluatedBid Price, provided that such
bidder has been determinedto be eligible in accordancewith the provisions of Clause
IB.3 and qualify pursuanttolB 29.2.
29.2 The Employer, at any stageof the bid evaluation,having credible reasonsfor or prima
facie evidenceof any defect in bidder's capacities,may require the bidders to provide
information concerning their professional, technical, financial, legal or managerial
competencewhether alreadypre-qualified or not:
Provided that such qualification shall only be laid ng reasonsin

writing. They shall form part of the recordsof that

IB.30 Employer's Right to Accept any Bid and to Reject any or all Bids
30.1 NotwithstandingClause18.29, the Employer reservesthe right to acceptor reject

any Bid, and to annul the bidding process and reject all bids, at any time prior to
award of Contract, without thereby incurring any liability to the affected bidders or
any obligation except that the grounds for rejection of all bids shall upon requestbe
communicated to any bidder who submitted bid, without justification of grounds.
Rejection of all bids shall be notified to all bidders promptly.
18.31 Notification of Award
31.1 Prior to expiration of the period of bid validity prescribedby the Employer, the
Employer will notify the successfulbidder in writing ("Letter of Acceptance") that
his Bid has been accepted.This letter shall name the sum which the Ernployer will
pay the Contractor in considerationof the execution and completion of the Works by
the Contractor as prescribed by the Contract (hereinafter and in the Conditions of
Contract called the "Contract Price").
31.2 No Negotiation with the bidder having evaluated as lowest responsiveor any other
bidder shall be permitted.
31.3 The notification of award and its acceptanceby the bidder will constitute the
formation of the Contract, binding the Employer and the bidder till signing of the
formal Contract A greement
31.4 Upon furnishing by the successfulbidder of a PerformanceSecurity, the Employer

will promptly notify the other bidders that their Bids have been unsuccessfuland
return their bid securities.
1B.32 Performance Security
32.I The successfulbidder shall furnish to the Employer a PerformanceSecurity in the

form and the amount stipulated in the Bidding Data Sheet and the Conditions of
Contract:within a period of 28 days after the receipt of Letter of Acceptance.
32.2 Failure of the successfulbidder to comply with the requirementsof IB.32.1 or IB.33
or IB.35 shall constitute sufficient grounds for the annulment of the award and
forfejture of the Bid Security.
18.33 Signing of Contract Agreement
33.1 Within 14 days from the date of fumishing of acceptablePerformanceSecurity under

the Conditions of Contract,the Employer will send the successfulbidder the Contract
Agreement in the form provided in the Bidding Documents, incorporating all
agreementsbetweenthe parties.
33.2 The formal Agreementbetweenthe Employer and the successfulbidder shall be

executedwithin 14 daysof the receiptof the ContractAgreementbythe successful
bidder from the Employer.
Contract No. PM-20 18- i9-KPK-07 Page 19

IB. 34 General Performance of the Bidders
The Employer reservesthe right to obtain information regarding performance of the

bidders on their previously awarded contracts/works.The Employer may in case of
consistent poor perfonnance of any Bidder as reported by the employers of the
previously awarded contracts, interalia, reject his bid and/or refer the case to the
Pakistan Engineering Council (PEC). Upon such reference,PEC in accordancewith
its rules, proceduresand relevant laws of the land take such action as may be deemed
appropriateunder the circumstancesof the caseincluding black listing of such Bidder
and debarring him from participation in future bidding for similar works.
18.35 Integrity Pact
The Bidder shall sign and stamp the Integrity Pact provided at Appendix-L to Bid in
the Bidding Documents for all Federal Govemment procurementeontractsexceeding
Rupeesten million. Failure to provide such Integrity Pact shall make the bidder non-
responsive.
18.36 Instructions not Part of Contract
Bids shall be preparedand submitted in accordancewith these Instructions which are

provided to assistbidders in preparing their bids, and do not constitutepart of the Bid
or the Contract Documents

BIDDING DATA SHEET
Contract No. PM-20 1B-19-KPK-07 Page2I

Bidding Data Sheet
The Following specific data for the works to be bid shall compliment, amend or supplement
the provisions in the instructions to bidder. Wherever, there is a conflict, the provisions
herein shall prevail over thesein the instructions to bidders.
Instructions to Bidders
ClauseReference
1.1 Name and Address of the Employer:

National Highway Authority
28-MauveArea, G-9/1,lslamabad
Islamic Republic of Pakistan
Tel: +92 519032727
Fax: r92 51 9260419
Email: gmpca.nha@smail.com
1.1 Name of the Project and Summary of the Works
PeriodicMaintenance(StructuralOverlay)Projectsfor KPK R.egionfrom Km i641+000-

1654+000 NBC on N-5 (Jahangira- Nowshera)(AMP 2018-19)
2.1 Name of the Borrower/Source of Financing/Funding Agency
The Employer is funding the project through funds availableunder Road Maintenance
Account (RMA) of National Highway Authority.
3. Eligible Bidders (and Qualification Criteria)
Each individual bidder and all membersof JV must have valid registration by
PEC:
b. Must be registeredwith Income Tax Department;
Each individual bidder and all members of JV must have valid PEC
registrationin the following categories;
PEC Category & Specialization

Individual Fhm lLead firm of Joint
Venture. in CE-01&CE-l0.
C-3,with Specialization
Member Firm(s) in Joint Venture.
d. An individualbidderor JV meetingthe above said conditions under Clause-3

(a), (b) & (c) will be consideredfor further evaluation and will be qualified if
it meetsthe followins Criteria:
Contract No. PM-20 1B-19-KPK-07 Page 22

D SimilarWork Experience:
Firm that hascompletedat leastTwo (02) Contracts(but not more than

one contract summed up for their values in this regard for each
completedcontracts)ofsimilar size(50o/oof Engineer'sEstimate)and
complexity as a contractoror managementcontractor(but not as Sub-
Contractor)of Rs. 103.00Million duringlast Seven(07) yearsby one
of the JV partner oR each partner shall fulfill the condition as per
sharein JV.
ii) Has an AverageAnnual ConstructionTurnoverof m

Million. In case of fV each partner must fulfill the
respectto its sharein the JV Agreement'
iii) Has a minimumCashFlow of Rs. 103.00M ofJV each

partner must fulfill the Criteria with re in the JV
Agreement.
iv) Has a minimum Net Working latestyear of Rs. 21.00

Million. In case of fV each fulfill the Criteria with
respectto its sharein the JV
v) Pastor present bidder as contractor(individual or

all partnersof a with NHA or any other executing
agency and the has not been blacklisted earlier by any
4.1
ion and / or being sister organizations,all such Bids shall be rejectedto

flict of Interest.
tents of Bidding Documents
The Bidding Documents,in additionto invitation for bids, arethosestatedbelow and

shouldbe readin conjunctionwith any Addendaissuedin accordancewith ClauseIB'
l. Instructionsto Bidders.
2. BiddingDataSheet.
3. Letter of TechnicalBid.
4. Letterof PriceBid.
5. Appendicesto Bid (A throughP to Bid).
Contract No. PM-20 18- 19-KPK-07 Page23

6. Forms of Bid Security, Credit Line Facility and Income Tax Exemption.
- Form of PerformanceSecurity.
8. Forms of Contract Agreement,and Mobilization Advance Guarantee.
9. GeneralConditions of Contract,Part-I (GCC).
10. Particular Conditions of Contract,Part-II (PCC)&
SpecialProvisions (Contractual).
11. NHA GeneralSpecifications-l998and its Addenda.
T2, SpecialProvisions(Specification)
13. Drawinss.
8.1 Time Limit for Clarification
Minimum number of days to seekclarification by the prospectivebidder is seven(7)

daysbeforethe latestdeadlinefor submissionof Bids.
10.1 Bid Language
The samelanguage,in which the Bidding Documentsare written i.e English, should
be usedfor preparationof Bid.
11.1 (A) The Bidder shall submit with its Technical (Envelope A) the following
documentsdetailedin11.1 (C) hereunder:
(a) Written confirmation (Power of Attorney) authorizing a personto submit the

Bid.
(b) Written confirmation (Power of Attorney) authoizingthe signatory of the
Bid to commit the Bid on behalf of the Bidder.
(c) Letter of Technical Bid.
(d) Bid Security.
(e) Copy of Articles of Incorporation or Constitution of the Bidder as a legal
entity.
(0 Valid Certificate of Registrationfrom PakistanEngineering Council.
(e) Certified audit reports for last three (3) years.
(h) Joint Venture Agreement or the Letter of Intent to executethe JV Agreement
(if applicable).
(i) Pending litigation and No Blacklisting information.
CI) Special Stipulations (as issuedwith the bidding documents). (Appendix-A)
(k) List of Major Equipment- RelatedItems. (Appendix- G)
(m) Organizalion Chart for SupervisoryStaff and Labour. (Appendix- K)
(n) Integrity Pact. (Appendix- L)
(o) Financial Competenceand Accessto Financial Resources. (Appendix- M)
(p) Past Performance/Experience. (Appendix-N)
(q) Qualification of Key Staff. (Appendix- O)
(r) CurrentCommitments
/ Proiectsin Hand. (Appendix- P)
Contract No. PM-20 1B- 19-KPK-07 Page 24

f l.l(B)The Bidder shall submit with its Price Bid (Envelop B) the following documents:
(a) Letterof PriceBid

(b) Bill of Quantities (Appendix-D)
(c) EstimatedProgress Payments (Appendix-J)
r1.1(c)
i. Written confirmation (Power of Attornev) authorizing a personto submit the Bid
The Bid must accompanya Power of Attorney issuedby authorizedrepresentative

of the Firm / Company/ (for all partnersof a JV) having the nameand CNIC No. of
the person to whom Power of Attorney has been issued to submit the bid to the
Employer on behalf of the Firm / Company / JV etc.
11. Written confirmation (Power of Attornelz) authorizine thg sienatory of the Bid to
commit the Bidder
Original Power of Attorney on Judicial Stamp Paper duly attested by Notary

Public with original signaturesto sign/commit the bid on following format must
accompanythe bid:
documentsestablishinghis / her authority of issuing the Power of Attomey

on behalf of Firm I Company'/ (for all partnersof JV);
person issuing the Power of Attomey must be mentioned on the Power of

Attorney;
initial of the signatory of the Bid as well as his designation/ title in the
Firm / Companyand country identification number / CNIC No.
iii. Coplr of Articles of Incorporation or Constitution of the Bidder as a legal entity
entity shall be submitted. The document shall indicate the Bidder's name,
address and its representative Personnel. In case of Joint Venture, the
copies of suchdocumentof all the partnersfirms shall be submitted.
lv. Valid Certificate of Registrationfrom PakistanEngineerins Council
V. Certified Audit Reports
Individual Bidder I Lead Partner of JV and JV members of JV have to submit

along with his bid Audit Reports for last three years as per Table-I, to evaluate;
a. CashFlow
b . AveraseAnnualConstructionTurnover&
c. Net WorkingCapital

vi. Joint Venture Aereement/ Letter of Intent to Execute the JV Asreement
a. This part is applicableonly to Bidders who submittedbids as Joint Ventures.
b. Attached to Bid shall be a Power of Attomey from each of the Joint Venture
partners, appointing and authorizing tbe named person to act as their
representatrve.
c. The authorizedrepresentativeand the Project Manager will be from the lead

partner having greater%oor abovesharein JV.
d. The JV partnersclearly define the type, extent, quantum and proportionateof

resourcesto be mobilizedby each partner to ensuresubsequentmobilization
of resourcesat site which shouldbe in accordancewith JV share.
vii. List of Major Equipment- RelatedItems
The Bidder shall provide a list of all major equiprnentand related items owned, to
be purchasedor to be leasedby the bidder in carrying out the work in on judicial
StampPaper accordingto Appendix-G to Bid.
Bidders shall list down the equipments which must support the construction
schedule.
vii. PastPerformance/Experience
General Construction Experience: Experience under construction contractsin

the role of Contractor, Subcontractoror Management Contractor for at least the
last ten (10) years prior to the bid submissiondeadline as per Appendix - N to
Bid.
Contract of Similar Size and Nature: Bidder must have experience as

'3
mentionedin the clause d i' of Bidding Data as per Appendix - N to Bid.
ix. Qualification of Key Staff
, List of Technical Staff be provided on Judicial Stamp Paper as per Appendix-O.

The bidder shall also submit CV and other related documentsof these staff with
Technical Bid.
xi. Current Commitments/ Projectsin Hand
The Bidder shall enclosedetails of Projects in hand whether of similar nature or

not. The details must be submittedin line with the format of Appendix - P to Bid.

12.3 Bid Prices
Add following at the endof 2ndparugtaph:
"However,increase/ decreasein IncomeTax is not coveredin this clause."
13.1 Currenciesof Bid and PaYment
The unit ratesand pricesshallbe quotedby the bidderentirelyin Pak Rupeesan{.will

be paid in PakRuPeesonlY.
/*%Y'
E
l4.l Period of Bid ValiditY
*"ryd L
Bid shall remain valid and open for acceptancefor a period gfery Iffindred and
Twenty (120) calendardaysafterthe latestdeadline for sub-ffion ffibiO.
4.v 7t
15.1 Amountof BidSecurity ,4"'%*n"*
\
,yqA
The amount of Bid Securityshall be Rs. 4.0 -Miilig,{'.*Idcaseof non-registeredJV,
either each partner gives bid securityequat*SSg sfitireor the lead partner/ maior
15.2
k*d
TheBid Securityshallbe, +k opEffiof thebidder,in theform of Depositat Call
or a Bank Guaranteeissu$ ffq S.n"Ouled Bankin Pakistanor froma foreignbank
Bankin Pakistanor an insurancecompany
duly counterguaranteS4fblfo*Sefreduled
guaranteffilfo-Sefleduted
o'NationalIlighway
having atleastAA fafrfu" from PACRA/JCRinfavour of
Authority, Rogd+{IaintefianceAccount,Islamabad"valid for a period28 days
beyond rhe -Bd V&i V date i.e the Bid Security shall remain valid for 148 days
(One Hu-il'dtaftu*fforty Eight) calendar days beyond the latest deadline for
submi
Returned
As presqibedunderitem 11.1(C) (ii) of the BiddingDataSheethereinabove.
19.2(a)Employer'sAddressfor the Purposeof Bid submission
Venue:NHA Auditorium,28-Mauve Area,G-9/l Islamabad
PM-2018-19-KPK-07
19.2(b)Name and the Number of the Contract
Periodic Maintenance (Structural Overlay) Projects for KPK Region from Km

1641+000- 1654+000NBC on N-5 (Jahangira - Nowshera)(AMP 2018-19)
ContractNo: PM-2018-19-KPK-07
20.1(a)Deadlinefor Submissionof Bids
Not laterthan 1100hourson March 16,2020

t'-'%
23.1 Venue,Time, and Date of Bid Opening("EnvelopA") d L 3
*"-\:*
Venue: NHA Auditorium, 27 Mauve Area,G'9/l Islamab"bdfo Fr
Time: 1130hours C*? ?'
Date: March16,2020 4." %'
" q'%-f
};'l
'e'-..r
23,L1 Add the following text at the end of Clause; ir''%
'-"*}
Any discount/ premiumofferedby the nffieftnltS

ff quotedprices,shall only be
if such
considered discount shoyrkdQ!3mffilled ':
iseither
of Price Bid or on the summary
. :111.1111_1,.?Try1
df qfrotedamountfor bill of quantitiesas
Letter dug"
applicable. Discount / Premium, i though a separateletter of discount
submittedwith the Bid, will not enteltainedand shall be considerednull & void.
However, envelope ON" or "MODIFICATION" shall be
consideredasper IB-22 &
28 Evaluationand C
28.4 The amountoffrrmance Securityshallbe increased to two (02) times of that

which is se{obdclause 18.32wherethe detailedpriceanalysisproducedby the
bidder*q"fteaffi"red by theEmployerasreasonable i justified.
'd \."
32.1 S.tan&ard
^,qq4$. lior. and Amount of Performance Security Acceptable to the
6pmpldler
the option of the bidder, be in the form of either (a) bank guaranteefrom any
ScheduledBank in Pakistan or (b) bank guaranteefrom a bank located outside
pakistanduly counter-guaranteed by a ScheduledBank in Pakistanor (c) an insurance
companyhavingatleastAA rating from PACRA/JCR'
PM-2018-19-KPK-07
Basis of
Type of Minimum requirement Basis of preparation of
Sr preparation of
Organization of Auditors Financial Statements
Audit Reports
Licensed Chartered i. Companies Ordinance
Corporate entities Accountant Firms 1984 or Companies Act
(duly registered (Minimum Partnership 2OI7 (whicheveris
with Securities Firm with international
applicable).
and Exchange affiliation) enlisted and
1. ii. International accounting
Commission of appearing on the list of
and financial reporting
Pakistan) firms in ICAP directory
as at the finalization of starrdards as applicable
procurement. in Pakistan at the time of
issuance of the reports.
Licensed Chartered
Accountant Firms International accounting
Partnership (Minimum Partnership
and financial reporting
Firm/ Firm) enlisted and
2. standards as applicable
AOPs/Joint appearing on the list of
in Pakistan at the time of
Ventures firms in ICAP directory
as at the finalization of issuance of the reports.
procurement. International
Licensed Cost & auditing
Management standards as
Accountant Firms applicable in
enlisted and appgaring Pakistan.
on the list of firms in
ICMAP directory as at
the finalization of
orocurement for
organbations of net
worth up to 10 million
Individuals/Sole Consistent and acceptable
3. only.
Proprietorship Accounting policies.
In all other cases
Licensed Chartered
Accountant Firms
enlisted and appearing
on the list of firms in
ICAP directory as at the
finalization of
procurement,

Letters of Technical Bid/ Price Bid,
And
Appendicesto Bid

LTB-1
Letter of TechnicalBid
Date:.
Bid ReferenceNo. PM-2018-19-KPK-07
To:............
We, the undersigned,declarethat:
(a) We have examined and have no reservations to the Bidding Documents,

including Addenda issuedin accordancewith Instructionsto Bidders (IB) 9;
(b) We offer to executeand complete in conformity with the Bidding Documentsthe

following Works:
(StructuralOverlal Projectsfor KPK Regionfrom Km 1641+000-

"PeriodicMaintenance
1654+000NBC on N-5 (Jahangira - Nowshera)(AMP 2018-19)"
(c) Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a
period of ......... days from the date fixed for the bid submissiondeadlinein
accordancewith the Bidding Documents, atd it shall remain binding upon us and
may be acceptedat anytime before the expiration of that period;
(d) As security for due performanceof the under takings and obligations of our bid,
we submit hpre wlth a Bid security, in the amount specified in Bidding Data
Sheet,which is valid (at least) 28 days beyond validity of Bid itself'
(e) We are not participaling, as a Bidder or as a subcontractor,in more than one bid
in this bidding process,other than alternativeoffers submittedin accordancewith
IB16 {as applicable).

LTB'.2
(0 We agreeto permit Employeror its representativeto inspectour accountsand

recordsand other documentsrelatingto the bid submissionand to have them
audited by auditors. This permission is extendedfor verification of any
information provided in our Technical Bid which comprisesall documents
enclosedherewithin accordancewith I8.11.1of theBiddingDataSheet.
[In case of JV, anotherparagraph (g) shall be added, in compliance of GCC 11.2(d), to
read asfollows:
All partners of our JV shall at all times and under all circumstancesbe liable jointly and
severallyfor the executionof the Contract in accordancewith the Contract terms.J
Name
In the capacityof .............
Siened
Duly authoizedlo sign the Bid for and on behalf of

Date
Address.
PM-2018-19-KPK-07
Letter of PriceBid
Date:
Bid Reference
No. PM-z018-19-KPK-0
7
To:............
We, the undersigned,declarethat:
(a) We have examined and have no reservations to the Bidding Documents,

including Addenda issuedin accordancewith Instructionsto tsidders(IB)9;
(b) The total price of our Bid, excluding any discountsoffered in item (c) below rs:
Rupees
(c) The discountsoffered and the methodology for their application are:
(d) Our Bid shall be valid for a period of ........days from the date fixed for the bid
submission deadline in accordancewith the Bidding Documents, and it shall
remain binding upon us and may be acceptedat arrytime before the expiration of
that period;
(e) If our Bid is accepted,we commit to obtain a performancesecurity in accordance

with the Bidding Documents;
PM-2018-19-KPK-07
LPB.2
(0 We understand that this bid, together with your written acceptancethereof

included in your notification of award, shall constitute a binding contract
between us, until a formal contract is prepared and executedand we do hereby
declare that the Bid is made without any collusion, comparison of figures or
arrangementwith any other bidder for the Works.
(e) We understandthat you are not bound to acceptthe lowest evaluatedbid or any
other bid that you may receive.
(h) We agree to permit Employer or its representativeto inspect our accounts and
records and other documents relating to the bid submission and to have them
audited by auditors. This permission is extended for verification of any
information provided in our Technical Bid which comprises all documents
enclosedherewithin accordancewith IB.1 1.1 of the Biddine Data Sheet.
(i) If awarded the contract, the person named below shall act as Contractor's
Representative.
[In caseof JV, anotherparagraph (i) shall be added, in complianceof GCC I 1.2(d), to
read asfollows:
All partners of our JV shall at all times and under all circumstancesbe liable jointly
and severally for the execution of the Contract in accordance with the Contract
terms.J
Name
In the capacity of
Signed
Duly authoizedto sign the Bid for and on behalf of

Date
Address.

BA-T
Appendix-A to Bid
SPECIAL STIPULATIONS
Clause
Conditionsof Contract
Engineer's Authority to issue 2Yo of the Contract Price stated in the Letter of
2.1
Variation in emergency AcceDtance.
Amount of PerformanceSecuriW l0% of Contract Price stated in the Letter of
) 10.1
Acceotance.
Time for FumishineProsramme Within 42 daysfrom the dateof receip{of Letter of
3. 14.1
Acceptance. ;i*-i*ix'l3;
(OO OflO (Dqt<
Minimum amount of Third-Partv Pqlz Pc Rrrneec
^---re---ai. ftve
--{,i hrrndred
+. Insurance 23.2 thousand) per occurrencej witli'r riirmber of

occurencesunlimited. ;ii "tr.. ^,?
Time for Commencement Within fourteen(l4) iiate of receiptof
Engineer'sNotice which shall be
5. 4t.1
issued within fo after signing of
Contract
Time for Completion 43.l 178 days tpm tlW ilfie of receipt of Engineer's
6.
48.2 Notice to C6hnrend'e.
a) Amountof LiquidatedDamages 0.22 ofe6ntract Price for eachday ofdelay
ln the Works subiectto a maximumof
47.1
f Price stated in the Letter of
1
b) Amount of Bonus N6,t .&plicable. No bonus for early completion is

ta4
+ LJ.'.
paigable.
'365
DefectsLiability Period 'i days from the effective date of Taking Over
8. :., 49.t
''
. Certificate.
?:
9. Percentage of RetentionMoney'..-'. 60.2 l0% of the amountof Interim PaymentCertificate.

':l 5% of Contract Price stated in the Letter of
Limit of RetentionMoney i:'t1.,.-
10. 60.2
.,r?' ^; Acceotance.
Minimum amount bfY,*Interim
11 i Ils) 60.2 15.83" of ContractPrice.
PaymentCertificates(Running''ts
12. Minimum amoun{of Fihal Bill 60.8 57o of Contract Price
delivery of
Time of Pay,**r,eiit..f9rii 42 days (subjectto appearanceof Contractor'sname
1 3 . Engineer'9;;r''1*.[4Jeiiin Payment 6 0 . 1 0 on Active Tax Payers list as per S.R,O.
Certificatetb,.thtiiJmplover. 1093fi\ 120| s-PublicProcurementRegulation-2015).
1 4 . MobilizationAdvance(InterestFree) 6 0 . 1 r LOo/oof Contract Price
,i,:u.r,_.,
'!
,.:':i.
{'*:r*'t r'
nri:;i':r
PM-2078-19-KPK-O7
BB.1
Appendix-B to Bid
FOREIGN CURRENCY REQUIREMENTS

(If required and only in caseof International Bidding)
1. The Bidder may indicate here in below his requirementsof foreign culrency (if any),
with reference to various inputs to the Works.
Foreign Currency Requirement as percentageof the Price excluding Provisional

Sums
a
J. Table of ExchanseRates
AustralianDoll
Euro
JapaneseYen
U.K. Pound
U.S.Dollars
Contract No. PM-20 18- 19-KPK-07 * A\\t

Appendix-Cto Bid
SCHEDULE OF SPECIFIED IYIATERIALS

.F.ORTHE PT'RPOSE OF CI,AUSE 7O.COC PART.II
Value of
Item Descrlption of TVpes of Materlal and Source
Unit Factor
JVo. Specified Materlal of Rates ..ctt
7 2 3 4 5
Non-Adjustable (Fked)
1. Steel
a \
2. Cement
IAD
a Bihtmen
Labor
+.
)
5. Fuel
Total
Notes:
i. The base prices of Specified Materials shall be as of actually prevailing on
the date falling on 28 days prior to latest date of submission of Bids and
shall be obtained from the respective sources and to be verified and notified
by the Engineer after consent of the Employer.
2. The current price of Specified material shall be as actually prevailing on 28
days prior to submitted date of IPC (Price Adjustment shall be processed
month wise).
3. Adjustment of increase/decrease shall only be admissible for the material
listed above.
4. Value of work done for escalation purpose shall be value of permanent works
(Excluding Bill for General Items & Provisional Sums).
5. All amount in Pak Rupees only

BILL OF QUANTITIES
A. Preamble
1. The Bill of Quantities shall be read in conjunction with the Conditions of Contract,
Specificationsand Drawings.
2. The quantities given in the Bill of Quantities are estimatedand provisional, and are
given to provide a common basis for bidding. The basis of payment will be the actual
quantities of work executed and measured by the Contractor and verified by the
Engineer and valued at the rates and prices entered in the priced Bill of Quantities,
where applicable, and otherwise at such rates and prices as the Engineer may fix as
per the Contract.
J. The rates and prices enteredin the priced Bill of Quantities shall, except insofar as it
is otherwise provided under the Contract include all costs of Contractor's plant,
labour , supervision, matenals,execution, insurance,profit, taxes and duties, together
with all general risks, liabilities and obligations set out or implied in the Contract.
Furthermore, all duties, taxes and other levies payable by the Contractor under the
Contract, or for any other cause, as on the date 28 days prior to deadline for
submission of Bids, shall be included in the rates and prices and the total Bid Price
submittedby the Bidder.
4. A rate or price shall be entered on the basis of ohageabove / below on Bill of
Quantities. Rates quoted on Bill of Quantities shall be considered as final and no
separatePremium / Rebateletters shall be accepted.
5. The whole cost of complying with the provisions of the Contract shall be included in
the items provided in the priced Bill of Quantities, and where no items are provided,
the cost shall be deemedto be distributed among the rates and prices entered for the
related items of the Works.
6. General directions and description of work and materials are not necessarilyrepeated
nor summarisedin the Bill of Quantities. Referencesto the relevant sections of the
Bidding Documents shall be made before entering rate and price against each item in
the priced Bill of Quantities.
7. Provislonal sums included and so designated in the Bill of Quantities shall be
expended in whole or in part at the direction and discretion of the Engineer in
accordancewith Sub-Clause58.2 of Part I, General Conditions of Contract.
8. %oageand final bid amount must be quoted in figures as well as in words, non-
compliant bids in this regardmay becomenon-responsive.
Contract No. PM-2018-19-KPK-07 Page 38

BILL OF OUANTITIES
Periodic Maintenance (Structural Overlayl Projects for KPK Region from Kr-n
1641+0OO - 1654+OOONBC on N-5 (Jahaneira - Nowsheral (AMP 2O18-191
Contract No.PM-2O18- 19-KPK-O7
Item Amount
Descrlptlon Unit Quantity Rate (Rs.l
No.
309b lold Millins 0 - 50 mm SM 51,100.00 i86.08 9,508.688.00
309c lold Millins 0 - 70 mm SM 51.100.00 279.1.1 14,262,52r.OO
lOTa Structural Excavation CM 210.00 360.77 75.76L70
206b Water Bound Macadam CM 210.00 2.r89.97 459.893.70
304b Double Surface Treatment SM 69.100.00 465.90 32,793,690.0O
lut Back Asphalt for Bitumineous
3Q2a CM 51.100.00 L2I,52 6,209,672.OO
:rime Coat
\sphaltic Concrete for Wearing Course
203a CM 3,577.0O 18,756.47 67 ,O91,893.19
Class-A)
lut Back Asphalt for Bitumineous
303a SM 5 1 ,1 0 0 . 0 0 48.67 2,487,037.00
lack Coat
\sphaltic Concrete for Wearing Course
305a CM 2,555.00 19,874.21 50,778,606.55
Class-A)
ravement Marking in Reflective TP
60BtQ
laint for lines of 15cm width
M 2A,25O.OO t69.9I 3,440"677.50
Reflectorized Plastic Pavement Studs
609ci Each 1,500.00 281.53 422,295.0O
lSinele)
Breaking of Existing Road Pavement
2O9a CM 1,460.00 608.52 888,439.20
Structure
Sub-Grade Preparation in Existing
109bi SM 3,650.00 51.38 187,537.00
Road without anv fill
40tf Lean Concrete CM 365.00 6.095.65 2,224,9t2.25
4 0 1 a 1 i i loncrete Class A- 1 on sround CM r.o90.62 t1,It4.32 12.721.499.68
4O4a Steel Reinforcement G-40 Ton 24.54 rro.994.99 2,723.8I7.O5
NSI-1 Polvthene on Lean concrete SM 3.650.00 46.OO 167.900.00
Estimated Cost (Rs.| 2O5,244,840.A2
o/oageAbove/
BrD COST (RS.l
Amount in Words:
Contractor's
Signatu

BE.1
Appendix-E to Bid
PROPOSED CONSTRUCTION SCHEDULE
Pursuant to Sub-Clause 43.1 of the General Conditions of Contract, the Works shall be
completed on or before the date stated in Appendix-A to Bid. The Bidder shall provide as
Appendix-E to Bid, the Construction Schedulein the bar chart (CPM, PERT or any other to
be specifiedherein) showing the sequenceof work items and the period of time during which
he proposesto complete each work item in such a manner that his proposedprogramme for
completion of the whole of the Works and parts Works may meet Employer's
completion targets in days noted below and the date of receipt of Engineer's
Notice to Commence (Attach sheets as requ ified form of Construction
Schedule):
Description Time for Completion
a) Who
b) Part- days (If applicable)
c) Part-B days (If applicable)
d)
e)

BF-1
Appendix-Fto Bid
METHOD OF PERFORMINGTHE WORK
The Bidder is required to submit a na,'rativeoutlining the method of performing the Work.
The narrative should indicate in detail and include but not be limited to:
l. Organization Chart indicating head office and fiel-d office personnel involved in
managementand superuision,engineering, intenanceand purchasing.
2. Mobilization in Pakistan. the t nnel accommodation,

office accommodation,provi communications,
securityandotherseryicesto
J. The method of e es for installation of equipment and

machinerv and and materials to the site.
4. Quality control / assurancemeasuresto be adoptedincluding proceduresto be

followed for out all testsrequired under specifications.

BG .1
Appendix-G to Bid
LIST OF MAJOR EQUIPMENT - RELATED ITEMS
LIST OF MAJOR EQUIPMENT TO BE MADE AVAILABLE AT SITE
Description
Owned Capacity Present Date of Period of
of Unit
Purchased HP Condition Location or Delivery Work on
(Make,
or Leased Rating Source at Site ProJect
Model, Year)
1 2 3 4 5 6 7
a. Owned
b. To be
Purchased
c. To be
arranged
on Lease

BH-1
Appendix-Hto Bid
CONSTRUCTION CAMP AND HOUSING FACILITIES
The Contractor in accordancewith Clause 34 of the Conditions of Contract shall provide

description of his construction camp's facilities and staff housing requirements.
The Contractor shall be responsible for pumps, electrical power, water and electrical
distribution systems, and sewerage system including all fittings, pipes and other items
necessaryfor servicing the Contractor's constructionca
The Bidder shall list or explain his plans- pro for the service of the
Contract as follows:
1. SiteP
2. Provisionof
a) power load, etc.).

b)
c) Sanitation (sewagedisposalsystem,etc.).
J. Constructionof Facilities
a) Contractor's Office. Workshop and Work Areas (areasrequired and proposed

layout, type of constructionof buildings, etc.).
b) Warehousesand StorageAreas (arearequired,type of constructionand
layout).
c) Housing and Staff Facilities (Plansfor housing for proposedstaff, layout, type
of construction,etc.).
4. (detailedplansfor carryingout
ConstructionEquipmentAssemblyandPreparation
this activity).
./-\
l1
/\-

BIJ.z
Appendix-H to Bid
5. Other Items Proposed(Security services,etc.). ntractor should mention here

what are his proposed environmental measu project as per EPA rules like
treatment of wastewaterand water quality shall submita detailed
EMP (Environmental )to terials are removed from
site and disposed off at a sa contamination of sround
and surfacewater in neishbori measuresfor adoption.
6.. Detailof testins
Contract No. PM-2018- 19-KPK-07

BI.1
Appendix-I to Bid
LIST OF SUBCONTRACTORS
IAVe intend to subcontract the following parts of the Work to subcontractors.In my/our
opinion, the subcontractorsnamed hereunderare reliable and competentto perform that part
of the work for which eachis listed.
Enclosed are documentrtion outlining experienceof subcontractors,the curriculum vitae and

experience of their key personnel who will be assignedto the Contract, equiprnent to be
suppliedby them, size, location and type of contractscarried out in the past.
Part of Works Subcontractor

(Give Details) (With Complete Address)
I 2

BJ-1
Appendix-Jto Bid
ESTIMATED PROGRESS PAYMENTS
Bidder's estimate of the value of work which would be executedby him during each of the
periods stated below, based on his Program of the Works and the Rates in the Bill of
Quantities,expressedin thousandsof PakistaniRupees:
Amounts
Quarter/ Year/Period
(1,000Rs.)
,,
I
l"Month
2"dMonth
3'dMonth
4tl'Month
5thMonth
6tl'Month
Bid Price

Appendix-K to Bid
ORGANIZATION
CHART
FORTHE
STAFFAND LABOUR
SUPERVISORY
Contract No. PM-20 18-19-KPK-07

BL-1
Appendix-L to Bid
(INTEGRITY PACT)
DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.
PAYABLB BY THB SUPPLIERSOF GOODS,SERVICES& WORKS IN
CONTRACTSWORTH RS. IO.OOMILLION OR MORE
ContractNo. PM-2018-19-KPK-07 Contract Value:

ContractTitle:
induceclil;;;;*;;;;;f ;;i;;;*"t"ffiffi lffii3J.i".":1i";Hi;",iril::f *si?i#

Government of Pakistan(GoP) or any administrative subdivision or agencythereof or any other entity
owned or controlled by GoP through any comrpt businesspractice.
Without limiting the generality of the foregoing, [name of Supplier] representsand warrants
that it has fully declaredthe 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 orjuridical person, including its affiliate, agenl, associate,
broker, consultant, director, promoter, shareholder, sponsor or subs,idiaryo&ny commission,
gratification, bribe, finder's fee or kickback, whether describedas consultation fee or otherwise, with
the object of obtaining or inducing the procurement of a contract, right, interest, privilege or other
obligation or benefit in whatsoever form from GoP, except that which has been expressly declared
pursuant hereto.
[name of Supplier] cefiifies that it has made and will make full disclosure of all agreements
and arrangementswith all persons in respect of or related to the transaction with GoP and has not
taken any action or will not take any action to circumvent the above declaration, representationor
warranty.
tqaag__sf_Slpplisrl accepts full responsibility and strict liability for making any false
declaration, not making full disclosure,misrepresentingfacts or taking any action likely to defeat the
pulpose of this declaration, representationand warranty. It agrees that any contract, right, interest,
privilege or other obligation or benefit obtained or procured as aforesaid shall, without prejudice to
any other rights and remedies available to GoP under any law, contract or other instrument, be
voidable at the option of GoP.
Notwithstanding any rights and remediesexercisedby GoP in this regard, fname of Supplierl
agrees to indemnify GoP for any loss or damage incurred by it on account of its comrpt business
practices and further pay compensationto GoP in an amount equivalent to ten time the sum of any
commission, gratification, bribe, finder's fee or kickback given by [name of Supplier] as aforesaidfor
the purpose of obtaining or inducing the procurementof any contract,right, interest,privilege or other
obligation or benefit in whatsoeverform from GoP.
Name of Buyer: Name of Seller/Supplier:

Signature: Signature:
ISeal]
Note: The term "Buyer" means "Employer" and the term "Seller / Supplier" means "Bidder /
Contractor". The bidder must filI in its name, wherever required, while filling other blanks
and submit it with its Technical Bid after signing by thg ized person and affixing its
sealto makethebid responsive(referITB 26.2).
BM.1

Appendix-M to Bid
FINANCIAL COMPETENCE AND ACCESS TO FINANCIAL RESOURCES
The financial position of the bidder shall be checkedas per following details:
1. SOUNDNESS AND ACCESS TO FINANCIAL RESOURCES (CASH FLOW)
The Bidder must demonstrateaccessto, or availability o{ financial resourcessuch as

liquid assets,unencumberedreal assets,lines of credits*, and other financial means,
other than any contractual advancepayments, to meet the financial requirementsof
the contract in the amount to satisfy the Cash Flow requirement. As a rninimum the
Bidder must show that his resources,in term of at least his latest year's working
capital and line of credits, will be adequateto cover an amount equivalent to his bid
price and current work commitmentsi.e.
[ThreeYearsAverageWorkingCapita|+Projectspecific>
Credit line Facility - One month's average invoicing of
cumentcontract commitments]
Working capital is the difference between current assetsand current and

measuresthe firm's ability to genente cashin the short term.
*Any Credit Line Facility indicated

for this Contract needsto have been certified by
theBankfor the Contractand thesaid certificate(s)be enclosedwith thisAppendix.
) AVERAGE ANNUAL CONSTRT}CTIONTURNOVER
Biddersoto list their certified yearly

Criteria Construction Turnover for last 3 years
Minimum Average Annual

Construction Turnover of Pak.
Rupees 410.00 Million calculated
as total certified paymentsreceived
for contracts in progress or
completed,within the last 3years.

BN-1
Appendix-N to Bid
PASTPERFORMANCE/EXPERIENCE
l)General Construction Experience
Requirement Bidder to Role

Provide details
Experience under construction contracts in Certificate of Contractor,

the role of Contractor, Subcontractor, or registration of Subcontractor,or
Management Contractor for at least the last Firm/ PEC Management
L0 years prior to the bid submissiondeadline. registrationalong Contractor
with experience
record
2) Contracts of Similar Size and Nature
Requirement Bidder to Role

provide specific
details
Bidder must have similar experience as Letterof Contractor or
mentioned in Biddine Data acceptance Management
SignedBill of Contractor
Quantities (but not as Sub-
(BOQ) Contractor)
Completion
certificate

BN-2
Appendix-N to Bid
QUALIF'ICATION OF KEY STAFF
Sr. Experience (Years)

Designation No. Qualification
No. Overall Snecific
B.Sc(Civil Enee.) 10 08
1 Project Manger 01
M.Sc (Civil Enee.) 08 06
B.Sc(Civil Enee.) 07 05
2 Site Engineer 01
DAE (Civil) l0 07
B.Sc(Civil Enes.) 03
a
QuantitySurveyor 01
DAE (Civil)
J
05
B.Sc (Civil Engg.) 05
4 Surueyor 01
DAE (Civil) 08
Note:
The above mentioned staffs are the minimum required key staff for this project
that must be available at construction site all the time during the currency of the
Contract. In case any of these staffs abandons the project site for any reason
whatsoever the Contractor must immediately affange his equivalent replacement
with prior approvalof the Employer.
The staff other than above mentioned key staff e.g. supervisors, assistants,
operatorsand laborers etc. must also be available in accordanceto the Contractors
Work Program.

BN-3
Appendix-Nto Bid
CURRUNT COMMITTEMENTS
o
z
9
ilo
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Far
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vc, (!
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G
o ()
fi nE Fl
L=
F= K= (H-
A B C D E G H I J M=K/L
(DxE) tr -l Base
Date)/30
Note: * Latest completion dateto be mentioned

Base date will be the date 28 daysprior to the latest date for submissionof bid.
Contract No. PM-20 18- 19-KPK-07 llf(-1tl\ Page 52

FORMS
BTDSECURITY
PERFORMANCESECURITY
CONTRACT AGREEMENT
MOBILTZATTONADVANC E GUARANTBE/BOND
,AND
INDEMNITY BOND FOR SECUREDADVANCE
BS.1
BID SECURITY
(Bank Guarantee)
SecurityExecutedon
(Date)
Name of Surety (Bank) with Address:
(ScheduledBank in Pakistan)
Name of Principal (Bidder) with Address
Penal Sum of Security Rupees. (Rs.

Bid Reference No.
KNOW ALL MEN BY THESE PRESENTS,that in pursuanceof the terms of the Bid and at
there quest of the said Principal (Bidder)we, the Surety above named, are held and firmly
bound unto (hereinafter
called the'Employer') in the sum statedabovefor 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 thesepresents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Bidder has
submitted the accompanyingBid dated for Bid No. for (Particulars
of Bid) to the said Employer; and
WHEREAS, the Employer has requiredas a condition for consideringsaid Bid that the Bidder
furnishesa Bid Security in the above said surn from a ScheduledBank in Pakistanor from a
foreign bank duly counter-guaranteed by a ScheduledBank in Pakistan, to the Employer,
conditionedasunder:
(1) that the Bid Security shall remain in force up to and including the date28 days after the
deadline for validity of bids as stated in the Instructions to Bidders or as it may be
extendedby the Employer,notice of which extension(s)to the Suretyis herebywaived;
(2) that the Bid Security of unsuccessfulBidders will be returnedby the Employer after
expiry of its validity or upon signingof the ContractAgreement;and
(3) that in the event of failure of the successfulBidder to executethe proposedContract

Agreementfor such work and fumish the requiredPerformanceSecurity,the entire said
sum be paid immediatelyto the said Employerpursuantto Clause15.6of the lnstruction
to Bidders for the successfulBidder'sfailure to perform.
NOW TIIEREFORE, if the successfulBidder shall, within the period specifiedtherefore,on the
prescribed form presentedto him for signature enter into a formal Contract with the said
Employer in accordancewith his Bid as acceptedand fuinish within twenty eight (28) daysof his
being requestedto do so, a PerformanceSecurity with good and sufficient surety, as may be
required,upon the form prescribedby the said Employer for the faithful perfotmanceand proper
fulfilment of the said Contractor in the eventof non-withdrawalof the saidBid within the time
specified for its validity then this obligation shall be void and of no effect, but otherwiseto
remainin full force and effect.

BS-2
PROVIDED THAT the Surety shall forthwith pay the Employer, the said sum upon first
written demand of the Employer (without cavil or argument) and without requiring the
Employer to prove or to show grounds or reasonsfor such demand,notice of which shall be
sent by the Employer by registered post duly addressedto the Surety at its addressgiven
above.
PROVIDED ALSO THAT the Employer shall be the sole and final judge for deciding
whether the Principal (Bidder) has duly performed his obligations to sign the Contract
Agreement and to furnish the requisite PerformanceSecurity within the time statedabove,or
has defaulted in fulfilling said requirementsand the Surety shall pay without objection the
said sum upon demand from the Employer forthwith and without any reference to the
Principal (Bidder) or any other person.
IN WITNESS WHEREOF, the above bounden Surety has executedthe instrument under its
seal on the date indicated above, the name and seal of the Surety beir,rghereto affixed and
these presents duly signed by its undersigned representativepursuant to authority of its
governing body.
SURETY (Bank)
WITNESS: Signature
1. Name
Title
CorporateSecretary(Seal) CorporateGuarantor(Seal)
2.
Name,Title & Address
Contract No. PM-20 1B-19-KPK-07 . : #

\ i i
Page 55
.t,t .-r<)'<,)
-,1.i!*'---
CREDIT LINE FACILITY
(BankosUndertaking)
To,
GeneralManager (P&CA)
28-Mauve,Area, G-gll
ISLAMABAD
This is to certifv thatM/s (Name & addressof the Bidder) is maintaining

their Account No. since with our
Bank / Branch.
We also certify that our Bank (Bank name & address)has committed a credit line facility
upto Pak.Rs. to M/s (Name of the Bidder) for the project (Project Name)
from on the basis of their financial streneth. market
reputationandsecuritieswith us.
1. Name l. Name
2. Designation 2. Designation
J. Official Seal J. Official Seal
of AuthorizedSignatory of Authorized Signatory

PS.1
FORM OF PERFORMANCE SECURITY

(Bank Guarantee)
GuaranteeNo.
Executedon
Expiry date
fl-etterby the Guarantorto the Employer]
Name of Guarantor(Bank) with address:

(ScheduledBank in Pakistan)
Name of Principal (Contractor) with address:
Penal Sum of Security (expressin words and figures)
Letter of AcceptanceNo. Dated
KNOW ALL MEN BY THESE PRESENTS, that in pursuanceof the terms of the Bidding
Documents and above said Letter of Acceptance (hereinafter called the Documents) and at
the request of the said Principal we, the Guarantor above nanted, are held and firmly bound
unto the (hereinaftercalled the
Employer) in the penal sum of the amount statedabove for the payment of which sum well
and truly to be made to the said Employer, we bind ourselves, our heirs, executors,
administratorsand successors,jointly and severally,firrnly by thesepresents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
accepted the Employer's above said Letter of Acceptance for
(Name of Contract) for the
(Name of Project).
NOW THEREFORE, 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
Employer, with or without notice to the Guarantor,which notice is, hereby, waived and shall
also well and truly perform and fulfill all the undertakings,covenantsterms and conditions of
the Contract and of any and all modifications of said Documentsthat may hereafterbe made,
notice of which modifications to the Guarantorbeing hereby waived, then, this obligation to
be void; otherwise to remain in full force and virtue till all requirements of Clause 49,
DefectsLiability, of Conditions of Contract are fulfilled.
Our total liability under this Guaranteeis limited to the sum statedabove and it is a condition
of any liability attaching to us under this Guaranteethat the claim for payment in writing
shall be received by us within the validity period of this Guarantee,failing which we shall be
dischargedof our liability, if any,under this Guarantee.
PM-2018-19-KPK-07
PS.2
We, (the Guarantor),waiving all objections and

defencesunder the Contract,do hereby irrevocably and independentlyguaranteeto pay to the
Employer without delay upon the Employer's first written demandwithout cavil or arguments
and without requiring the Employer to prove or to show grounds or reasonsfor such demand
any sum or sums up to the amount stated above, against the Employer'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 Employer's designated Bank & Account
Number.
PROVIDED ALSO THAT the Employer shall be the sole and final judge for deciding
whether the Principal (Contractor) has duly performed his obligations 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 Employer
forthwith and without any referenceto the Principal or any other person.
IN WITNESS WHEREOF, the above-boundenGuarantorhas executedthis Instrument under

its seal on the date indicated above, the name and corporate seal of the Guarantor being
hereto affixed and these presentsduly signed by its undersignedrepresentative,pursuant to
authority of its goveming body.
Guarantor(Bank)
Witness:
1. Signature
Name
Corporate Secretary(Seal)
Title
2.
Name,Title & Address CorporateGuarantor(Seal)
\'-
Ix-
I
/il
<s\//

CA.1
CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT (hereinafter called the "Agreement") made on the

day of (month) 20- between
(hereafter called the "Employer") of the one paft and

(hereafter called the "Contractor") of the other
parr.
WHEREASthe Employeris desirousthat certainWorks, viz should be
executedby the Contractor and has accepteda Bid by the Contractor for the execution and
completion of such Works and the remedying of any defectstherein.
NOW this Agreementwitnessethas follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectivelyassignedto them in the Conditions of Contract hereinafterreferred to.
2. The following documents after incorporating addenda, if any, except those parts
relating to Instructions to Bidders shall be deemedto form and be read and construed
as part of this Agreement,viz:
(i) The Contract Agreement;

(ii) The Letter of Acceptance;
(iii) The completedForm of Bid (Letter of Technical Bid and Letter of Price Bid);
(iv) Addendum/ Corrigendum,if any,pertaining to Contract documents;
(v) Special Stipulations (Appendix-A to Bid);
(vi) SpecialProvisions (Contractual)
(vii) The Particular Condi,tionsof Contract- Part-II;
(viii) The GeneralConditions- Part I;
(ix) The priced Bill of Quantities (Appendix-D to Bid);
(x) The completedAppendicesto Bid (C, E to P);
(xi) SpecialProvisions (Specification);
(xii) NHA General Specificationsand its Addenda;
(xiii) The Drawings; and
(xiv) Any other documents
3. In consideration of the payments to be made by the Employer to the Contractor as

hereinaftermentioned, the Contractor hereby covenantswith the Employer to execute
and complete the Works and remedy defectstherein in conformity and in all respects
with the provisions of the Contract.
PM-2018-19-KPK-07
CA.2
4. The Employer hereby covenants to pay the Contractor, in consideration of the

execution and completion of the Works as per provisions of the Contract,the Contract
Price or such other sum as may becomepayable under the provisions of the Contract
at the times and in the mannerprescribedby the Contract.
IN WITNESS WHEREOF the parties hereto have causedthis Agreement to be executedon

the day, month and year first before written in accordancewith their respectivelaws.
Signatureof the Contactor Signatureof Employer
(Seal) (Seal)
Signed, Sealedand Delivered in the presenceof:
Witness: Witness:
(Name, Title and Address) (Name, Title and Address)
PM-2018-19-KPK-07
MG.I
NTOBTLTZATI ON AD VANCE GUARANTEE
GuaranteeNo. Date
WHEREAS (hereinaftercalled the 'Employer')has enteredinto a Contract

for
(Particularsof Contract)
wirh - (hereinaftercalledthe "Contractor'). ,{.
,:i.-.r.re,...rg
AND WHEREAS, the Employerhasagreedto advanceto the Contractor,at the."eqsfrrytoi's
request,an amountof RuPees (Rs - ) fthic$pnfbunt
shall be advancedto the Contractoras per provisionsof the Contract.
u*lq..r'"
!e
the
AND WHEREAS.
(ScheduledBank in Pakistanacceptable )
(hereinaftercalled the 'oGuarantor")at the requestof and in considerationof
the Employeragreeingto makethe aboveadvance
said Guarantee.
NOW, THEREFORE,the Guarantorhere.!,y.. bya-uft..t that the Contractorshall usethe

advancefor the purposeof above mentio4€d andif he fails andcommitsdefaultin
Cqritf6ct
fulfilmentof any oihis obligationsfor whigfi.theadvancepaymentis.made,the Guarantor
amount'
n6[ exceedingthe aforementioned
shall be liable tothe EmployJrfor payqloent
ri .?:.
i{ il
iven by the Employerto the Guarantor,and on suchfirst
until the advanceis fully adjustedagainstpayments

Certificates of the Contractor or until
whicheveris earlier.
(Date)
i'tiuUitity und"t this Guaranteeshall not in any caseexceedthe sum of Rupees
tiierduuruntee shall remainvalid up to the aforesaiddateand shall be null and void afterthe
aforesaid date or earlier if the advancemade to the Contractor is fully adjustedagainst
paymentsfrom Interim PaymentCertificatesof the Contractorprovided that the Guaruntor
ugr""r that the aforesaidp-eriodof validity shall be deemedto be extendedif on the above
mentioneddatethe advancepaymentis not full
PM-2018-19-KPK-O7
MG-2
GUARANTOR
1. Signature
2. Name
a
J, Title
WITNESS
l.
CorporateSecretary(Seal)
2.
(NameTitle & Address)
-jlli...
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FORM IT-1
CERTIFICATE
(On company's LetterheadPad)
In accordancewith Clause IB 12.3 "Bid Prices", we, M/s . do here by

certify that the cost of risk of variation in rate of income tax has been inbuilt in our quoted
item rates.Our firm is exempted/not exempted* from the paynent of income tax.
2.We understandthat the Employer shall deduct from our invoice Withholding tax
As per prevailing rates and depositit with Governmentof Pakistanas per income tax
ordnance.
Signature
Seal of the company
Note: (1) Please attachNTN Certiftcate, and Exemption Certificate (if applicable).
(2)Pua2 is not required for the bidders who are exemptedfrom income tax.
(3) This Certificatesis mandatoryto be included in Technical Bid, failing

Which the Bid will be declaredas non-responsive.
*Delete whichever is not relevant.

IB.1
INDEMNITY BOND
FOR SECUREDADVANCE
AGAINST MATERIALS BROUGIIT AT SITE
(oN RS.40NONJUDICIALSTAMPPAPER)
This Deed of Indemnity is issued by M/s.

Q{ame of the Contractor) favor
of M/s. Q{ameof the Employer).
Whereas (hereinafter called the Employer) has paid

the SecuredAdvance against the cost of material through any Bank or like agency by any
other method by virtue of the terms of the contract existing betweenthe parties. The details of
the material and their price for which secured advance is being sought for the period
till consumption of the material is as
under:-
1. at Rs. : Rs.
2. at Rs.
3. at Rs. : Rs.
4. at Rs.
THEREFORE THIS DEED OF IN FOLLOWS:

I/We
do hereby indemnify M/s arson,pilferage, loss due
to flood and inundation. iation etc. through any act of Man
or God or slump in the ials financed or paid by the Employer
on our request for fi
I/We irdemnify against
any or all claims, action arising out of or resulting to the said material.
IAVe furtherdeclarethat we will faithfullv abideby the
above declaration and y affirm that we will not remove, sell, pilferage any of the
materials againstwhich M/s has paid us such a secured advance and will not
pledge the samewith any Bank, Finance Corporation, Firm, Company, Individual or the like
agency or create any change whereon in any from what so ever.
IAVe do hereby also declare that in the event of
mylour infringement of the declaration made above will be entitledto
forfeit all such material and also proceed against me/usaccording to the relevant clause
perlaining to breach of contract and further invoke the power or seek any remediessecuredof
under the contract Agreement signed with us or otherwise available
under law.
Place Dated
Contractor

6
FT DIC FEDERATION INTERNATIONAL DES INGENIEURS-CONSEILS
\g/
ICONDITIONSOF CONTRAC.T
|FOR'WORKS:OFCIVIL
ENGINEERING CONSTRUCTION
PART I GENERAL CONDITIONS
WITH FORMS OF TENDER AND AGREEMENT
FOURTHEDITION 1987
Reprinted1988with,editorialamendments
Reprintedin1992 with furtheramendments
"Copies of the FIDIC Conditions of Contract can be obtainedfrom:

FIDIC Secretariat
P.O,tsox 86
1,000T ausanne12
Switzerland
e-mail: fi dic.pub@fidic.org - FIDIC.org/book
Contract No. PM-20 18- 19-KPK-O7

PART II: PARTICULAR CONDITIONS OF CONTRACT

TABLE OF CONTENTS
PART II - PARTICULAR CONDITIONSOF CONTRACT
Clause Title
1.1 Definitions
2,1 Engineer's Duties and Authority
2.2 Engineer's Representative
2.7 EngineerNot Liable
2.8 Replacementof the Engineer
5.1 Language(s)and Law
5.2 Priority of Contract Documents
6.6 Shop Drawings
6.7 As-Built Drawings
9.r Contract Agreement
1 0 . 1 PerformanceSecurity
t0.4 PerformanceSecurity Binding on Variations and Changes
t 4 . r Programmeto be Submitted
14.3 Cash Flow Estimateto be Submitted
14.5 Detailed Programmeand Monthly ProgressReport
15.2 LanguageAbility of Contractor's Representative
1 5 . 3 Contractor's Representative
r 6 . 3 LanguageAbility of SuperintendingStaffof Contractor
16.4 Emplo5rmentof Local Personnel
19.3 SafetyPrecautions
19.4 Lighting Works atNight
20.4 Employer'sRisks
2 r . 4 Exclusions
25.5 InsuranceCompany
3r.3 Co-operationwith Other Contractors
34.2 Ratesof Wages and Conditions of Labour
34.3 Employrnent of Personsin the Serviceof Others
34.4 Housing for Labour
34.5 Health and Safety
34.6 Epidemics
34.7 Supply of Water
34..8 Alcoholic Liquor or Drugs
34.9 Arms and Ammunition
34JA Festivals and Religious Customs
3 4 , T 1 Disorderly Conduct
34.12 Compliance by Subcontractors
35.2 Records of Safety and Health
35.3 Reporting of Accidents
36.6 Use of PakistaniMaterials and Services
4 T . T Commencementof Works
47.3 Bonusfor Early Completionof Works
48.2 Taking Overof Sectionsor Parts
51.2 Instructionsfor Variations

52.1 Valuation of Variations
52.2 Powerof Engineerto Fix Rates
53.4 Failure to Comply
54.5 Conditions of Hire of Contractor's Equipment
59.4 Paymentsto Nominated Subcontractors
59.5 Certification of Paymentsto Nominated Subcontractors
60.1 MonthlyStatements
60.2 Monthly Payrnents
60.10 Time for Payrnent
60.11 FinancialAssistanceto Contractor
63.1 Default of Contractor
65.2 SpecialRisks
67.3 Arbitration
68.1 Notice to Contractor
68.2 Notice to Employer and Engineer
70.1 Increaseor Decreaseof Cost
72.2 Currency Proportions
72.3 Currenciesof Paymentfor Provisional Sums
73.I Paymentof IncomeTax
73.2 CustomsDuty & Taxes
74.1 Integrity Pact
75.1 Terminationof Contractfor Employer'sConvenience
76.1 Liability of Contractor
77.1 Joint and SeveralLiability
78.1 Details to be Confidential
PM-2018,19-KPK-07
PART II . PARTICULAR CONDITIONS OF CONTRACT
1.1 Definitions
(a) (i) The Employeris Chairman NHA,28-Mauve Area, G-911,National Highway
Authorityo Islamabad.
(a) (iv) The Engineer is the concerned Member (Zone) or any other competent person
appointedby the Employer, and notified to the Contractor,to act in replacementof the
Engineer. Provided always that except in cases of professional misconduct, the
outgoing Engineer is to formulate his certifications/recommendationsin relation to all
outstandingmatters, disputesand claims relating to the executionof the Works during
his tenure.
The following paragraphis added:
(a)(vi) "Bidder or Tenderer" means any person or persons,company, corporation, fitm or

joint venture submitting a Bid or Tender.
(b)(v) The following is addedat the end of the paragraph:
The word "Tender" is synonymous with "Bid" and the word "Tender Documents"
with "Biddins Documents".
The followingparagraph is added:
(bXix) 'oProgramme"meansthe programmeto be submitted by the Contractor in accordance

with Sub-Clause14.1 and any approvedrevisions thereto.
(eXi) The text is deletedand substitutedwith the following:
"Contract Price" meansthe sum statedin the Letter of Acceptanceas payable to the
Contractor for the execution and completion of the Works, subject to such additions
thereto or deductions there from as may be made, and remedying of any defects
therein in accordancewith the provisions of theContract.
2.1 Engineer's Duties and Authority
With referenceto Sub-Clause2.1(b), the following provisions shall also apply;
The Engineer shall obtain the specific approval of the Employer before carrying out
his duties in accordancewith the following Clauses as por provisions of NHA Code
1355:
(i) Consentingto the sub-lettingof any part of the Works under Sub-Clause4.1
'oSubcontracting".
(ii) Certifying additional cost determined 12.2"Not Foreseeable

PhysicalObstructionsor Conditions"

(iiD Any actionunderClausel0 "Performance
Security"and Clauses21,23,24&
25 "Insurance'o
of sorts.
(iv) Any action underClause40'oSuspension".
(v) Any action under Clause44 'oExtensionof Time for Completion".
(vi) Any action under Clause 47 "Liquidated Damages for Delay" or Payment of
Bonus for Early Completionof Works (PCC Sub-Clause47.3).
(vii) Issuanceof "Taking Over Certificate" under Clause48.
(viii) Issuinga Variation Order underClause51,except:
a) in an emergency* situation, as statedhere below, or
b) if such variation would increase the Contract Price by less than the
amount statedin the Appendix-A to Bid.
(ix) Fixing rates or prices under Clause52.
(x) Extra payment as a result of Contractor's claims under Clause53.
(xi) Release of Retention Money to the Contractor under Sub-Clause 60.3

'oPaymentof
RetentionMoney".
(xii) Issuanceof "Final PaymentCertificate" under Sub-Clause60.8.
(xiii) Issuanceof ooDefect

Liability Certificate"under Sub-Clause62.1.
(xiv) Any change in the ratios of Contract currency proportions and payments
thereof under ClauseT2 "Currency and Rate of Exchange".
(xv) Certify additionalcostunder Clauses6, 20,27, 42, 65, 69 and70.
(xvi) Issuing instructionsunder Clause58.
* (If in the opinion of the Engineer an emergencyoccurs affecting the safety of life or
of the Works or of adjoining property, the Engineer may, without relieving the
Contractor of any of his duties and responsibilities under the Contract, instruct the
Contractor to executeall such work or to do all such things as may, in the opinion of
the Engineer,be necessaryto abateor reduce the risk. The Contractor shall forthwith
comply with any such instruction of the Engineer. The Engineer shall detennine an
addition to the Contract Price, in respect of such instruction, in accordancewith
Clause52 and shall noti$z the Contractoraccordingly, with a copy to the Employer.)

2,2 Engineer's Representative
The Employer shall ensure that the Engineer's Representative is a professional

engineeras defined in the PakistanEngineeringCouncil Act L975 (V of 1976).
The following Sub-Clauses

2.7 and2.8
2.7 Engineer Not Liable
Approval, reviews and inspection by the Engineer of any part of the Works does not
relieve the Contractor from his sole responsibility and liability for the supply of
materials, plant and equipment for construction of the Works and their parts in
accordancewith the Contract and neither the Engineer's authority to act nor any
decision made by him in good faith as provided for under the Contract whether to
exerciseor not to exercisesuch authority shall give rise to any duty or responsibility
of the Engineer to the Contractor,any Subcontractor,any of their representativesor
employeesor any other personperforming any portion of the Works.
2.8 Replacement of the Engineer
If the Employer intends to replace the Engineer, the Employer shall, not less than 14
days before the intended date of replacement,give notice to the Contractor, of the
name, address and relevant experience of the intended replacement Engineer. The
Employer shall not replace the Engineer with a person against whom the Contractor
raisesreasonableobjection by notice to the Employer, with supportingparticulars.
5.1 Language(s) and Law
(a) The Contract Documentsshall be drawn up in the English language.

(b) The Contract shall be subject to the Laws of Islamic Republic of Pakistan.
<7 Priority of Contract Documents
The documentslisted at (1) to (6) of the Sub-Clauseare deleted and substitutedwith

the following:
(i) The Contract Agreement;

(ii) The Letter of Acceptance;
(iii) The cornpleted Form of Bid (Letter of and Letter of Price
Bid);
(iv) Addendum / Corrigendum, if any, pertaining to Contract documents;
(v) Special Stipulations (Appendix-A to Bid);
(vD SpecialProvisions (Contractual);
(vii) The Particular Conditions of Contract - Part-II;
(viii) The General Conditions - Part-I;
(ix) The Priced Bill of Quantities (Appendix-D to Bid);
(x) The completedAppendicesto Bid (C, E to P);
(xi) SpecialProvisions(Specifications);
(xii) NHA GeneralSpecifications-
1998
(xiii) TheDrawings;
Contract No. PM-20 1B-19-KPK-07 Page71

In case of discrepanciesbetween drawings, those of larger scale shall govern unless
they are supersededby a drawing of later date regardlessof scale.All Drawings and
Specifications shall be interpreted in conformity with the Contract and these
Conditions. Addendum, if any, shall be deemed to have been incorporated at the
appropriateplaces in the documentsforming the Contract.
6.6 and6.7 are added:
6.6 Shop Drawings

The Contractor shall submit to the Engineer for review 3 copies of all shop and
erection drawings applicable to this Contract as per provision of relevant Sub-Clause
of the Contract.
Review and approval by the Engineer shall not be construedas a complete check but
will indicate only that the generalmethod of construction and detailing is satisfactory
and that the Engineer's review or approval shall not relieve the Contractor of any of
his responsibilitiesunder the Contract.
6.7 As-Built Drawings
At the completion of the Works under the Contract, the Contractor shall furnish to the
Engineer 6 copies and one reproducible of all drawings amendedto conform with the
Works as built. The price of such Drawings shall be deemed to be included in the
Contract Price.
9.1 Contract Agreement

The words "cost of the Employer" are deletedand substitutedwith the words "cosl of
the Contractor including StampPapersrequired to executethe Contract Agreement".
10.1 PerformanceSecurity
The text is deletedand substitutedwith the following:
The Contractor shall provide PerformanceSecurity to the Employer in the prescribed

form. The said Security shall be fumished or causedto be furnished by the Contractor
within 28 days after the receipt of the Letter of Acceptance.The PerformanceSecurity
shall be of an amount equal to ten per cent (10%) of the Contract Price statedin the
Le.tterof Acceptance. Such Security shall, at the option of the bidder, be in the form
of either (a) bank guarantee from any Scheduled Bank in Pakistan or (b) bank
guarattee from a bank located outside Pakistan duly counter-guaranteedby a
ScheduledBank in Pakistan or (c) an insurance company having atleast AA rating
.from PACRA/JCR acceptableto the Employer.
The cost of complying with requirements of this Sub-Clauseshall be borne by the

Contractor.
The followine Sub-Clause10.4is added:
a{$
Contract No. PM-20 18- i9-KPK-07

10.4 Performance Security Binding on Variations and Changes
The PerformanceSecurity shall be binding inespective of changesin the quantities or

variations in the Works or extensionsin Time for Completion of the Works which are
grantedor agreedupon under the provisions of the Contract.
I4.l Programme to be Submitted
The programmeshall be submittedwithin 42 daysfrom the date of receipt of Letter of

Acceptance,which shall be in the form of:
i) aBar Chart identifying the critical activities.
Only those items or works taken from the Bills of Quantities and specified and
containedin each Interim and the Final Work Scheduleissuedby the Engineer during
the Contract Period, will be required to be done by the Contractor for subsequent
measurementsand payments.No Works additional to the ScheduledWorks as issued
by the Engineer will be paid for, even if they are included in the total quantities
containedwithin the Bill of Quantities
14.3 Cash FIow Estimate to be Submitted
The detailed Cash Flow Estimate shall be subrnittedwithin 42 daysfiom the date of
receipt of Letter of Acceptance.
The followins Sub-Clause14.5is added:
14.5 Detailed Programme and Monthty ProgressReport
a) For purposes of Sub-Clause 14.I, the Contractor shall submit to the Engineer
detailedprogrammefor the following:
(1) Executionof Works;

(2) Labour Employment;
(3) Local Material Procurement;
(4) Material Imports, if any; and
(5) Other details as required by the Engineer including Environmental
ManagementPlan
b) During the period of the Contract,the Contractor shall submit to the Engineernot
later than the 8t" day of the following month, 03 copies each of Monthly Progress
Reportscovering:
(1) A ConstructionScheduleindicating the monthly progressin percentage;

(2) Description of all work carried out sincethe last report;
(3) Description of the work planned for the next 56 days sufficiently detailed to
enablethe Engineerto determinehis programmeof inspection and testing;
(4) Monthly summaryof daily job record;
(s) Photographsto illustrate progress;and
(6) Information and video about problems and difficulties encountered,if any,
and proposalsto overcomethe

c) During the period of the Contract,the Contractor shall keep a daily record of the
work progress, which shall be made available to the Engineer as and when
requested. The daily record shall include particulars of weather conditions,
number of men working, deliveries of materials, quantity, location and
assignmentof Contractor's equipment.
The following Sub-Clauses15.2and 15.3are added:
15.2 Language Ability of Contractor's Representative
The Contractor's authorized representativeshall be fluent in the English language.

Alternately an interpreter with ability of English language shall be provided by the
Contractoron fuIl time basis.
15.3 ContractorosRepresentative
The Contractor's authorised representative and his other professional engineers

working at Site shall register themselveswith the PakistanEngineering Council.
The Contractor's authorised representativeat Site shall be authorised to exercise

adequateadministrative and financial powers on behalf of the Contractor so as to
achievecompletion of the Works as per the Contract.
The following Sub-Clauses16.3 and 16.4are added:
16.3 Language Ability of Superintending Staff of Contractor
A reasonableproportion of the Contractor'ssuperintendingstaff shall have a working

knowledge of the English language. If the Contractor's superintending staff are not
fluent in English langaage,the Contractor shall make competentinterpretersavailable
during all working hours in a nurnberdeemedsufficient by the Engineer.
16.4 Employment of Local Personnel
The Contractor is encouraged,to the extent practicable and reasonable,to employ

staff and labour from sourceswithin Pakistan.
The following Sub-Clauses19.3 and 19.4are added:
l'9.3 SafetvPrecautions
In order to provide for the safety,health and welfare of persons,and for prevention of
damage of any kind, all operations for the purposes of or in connection with the
Contract shall be carried out in compliance with the Safety Requirements of the
Government of Pakistan with such modifications thereto as the Engineer may
authorise or direct and the Contractor shall take or cause to be taken such further
measuresand comply with such further requirementsas the Engineer may determine
to be reasonablynocessaryfor suchpurpose.

The Contractor shall make, maintain and submit reports to the Engineer concerning
safety, health and welfare of persons and damage to property, as the Engineer may
from time to time prescribe.
19.4 Lighting Work at Night
In the event of work being carried out at night, the Contractor shall at his own cost,
provide and maintain such good and sufficient light as will enable the work to proceed
satisfactorily and without danger. The approachesto the Site and the Works where the
night-work is being carried out shall be sufficiently lighted. All arrangementadoptedfor
such lighting shall be to the satisfactionof the Engineer's Representative.
20.4 EmployerosRisks
The Employer'srisks are:
Delete the text and substitutewith the following:
a) insofar as they directly affect the execution of the Works in Pakistan:
(i) war and hostilities (whether war be declared or not), invasion, act of foreign
enemies,
(ii) rebellion, revolution, insurrection, or military or usurpedpower, or civil war,
(iii) ionizingradiations, or contaminationby radioactivity from any nuclear fuel, or
from any nuclear waste from the combustion of nuclear fuel, radioactive toxic
explosive or other hazardousproperties of any explosive nuclear assemblyor
nuclear componentthereof,
(iv) pressurewaves causedby urcraft. or other aeial devicestravelling at sonic or
supersonicspeeds.,
(v) riot, commotion or disorder, unless solely restricted to the employeesof the
Contractor or of his Subcontractorsand arising from the conductof the Works;
(b) loss or damagedue to the use or occupationby the Employer of any Section or part of
the PermanentWorks, exceptas may be provided for in the Contract;
(c) loss or damageto the extent that it is due to the design of the Works, other than any
part of the design provided by the Contractor or for which the Contractor is
responsible;and
(d) any operation of the forces of nature (insofar as it occurs on the Site) which an
experiencedcontractor:
(i) could not have reasonablyforeseen,or
(ii) could reasonably have foreseen,but against which he could not reasonably
have taken at least one of the followine measures:
(a) prevent loss or damageto physical property from occurring by taking

appropnatemeasures,or
(b) insure against.

21.4 Exclusions

There shall be no obligation for the insurancesin Sub-Clause2l.l to include loss or
damagecausedby the risks listed under Sub-Clause20.4 paras(a) (i) to (iv).
The followins Sub-Clause25.5 is added:
25.5 Insurance Company
The Contractor shall be obliged to place all insurances relating to the Contract
(including, but not limited to, the insurancesreferred to in Clauses 2I,23 and 24) with
either National Insurance Company of Pakistan or any other insurance company
operatingin Pakistanand acceptableto the Employer.
Costs of such insurancesshall be borne by the Contractorhaving at least AA Rating.
The following Sub-Clause31.3 is added:
31.3 Co-operation with other Contractors
During the execution of the Works, the Contractor shall co-operatefully with other
contractorsworking for the Employer at and in the vicinity of the Site and also shall
provide adequateprecautionary facilities not to make himself a nuisance to local
residentsand other contractors.
34.2to 34.12are added:

34.2 Rates of Wages and Conditions of Labour
The Contractor shall pay rates of wages and observe conditions of labour not less
favourable than those establishedfor the trade or industry where the work is carried
out. In the absenceof any rates of wages or conditions of labour so established,the
Contractor shall pay rates of wages and observe conditions of labour which are not
less favourable than the general level of wages and conditions observed by other
employers whose general circumstancesin the trade or in industry in which the
Contractor is engagedare similar.
34.3 Employment of Persons in the Service of Others
The Contractor shall not recruit his staff and labour from amongstthe personsin the
servicesof the Employer or the Engineer; except with the prior written consentof the
Employer or the Engineer,as the casemay be.
34.4 Housing for Labour
Save insofar as the Contract otherwise provides, the Contractor shall provide and
maintain such housing accommodationand amenities as he may consider necessary
for all his supervisorystaff and labour, employed for the purposesof or in connection
with the Contract including all fencing, electr$i fire
. sanitation.cookhouses.
4,,.
+
prevention, water supply and other requirements in connection with such housing
accommodationor amenities.On completion of the Contract, these facilities shall be
handed over to the Employer or if the Employer so desires,the temporary camps or
housing provided by the Contractor shall be removed and the Site reinstated to its
original condition, all to the approval of the Engineer.
34.5 Health and Safety
Due precautions shall be taken by the Contractor, and at his own cost, to ensurethe
safety of his staff and labour at all times throughout the period of the Contract. The
Contractor shall further ensurethat suitable alrangementsare made for the prevention
of epidemicsand for all necessarywelfare and hygiene requirements.
34.6 Epidemics
In the event of any outbreak of illness of an epidemic nature, the Contractor shall
comply with and carry out such regulations,orders and requirementsas may be made
by the Government,or the local medical or sanitary authorities, for purpose of dealing
with and overcomins the same.
34.7 Supply of Water
The Contractor shall, so far as is reasonably practicable, having regnd to local

conditionso provide on the Site, to the satisfaction of the Engineer or his
representative,adequatesupply of drinking and other water for the use of his staff and
labour.
34.8 Alcoholic Liquor or Drugs
The Contractor shall not, otherwise than in accordancewith the Statutes,Ordinances

and Government Regulations or Orders for the time being in force, import, sell, give,
barter or otherwise dispose of any alcoholic liquor or drugs, or permit or suffer any
such importation, sale, gift, barter or disposal by his Subcontractors,agents,staff or
labour.
34.9 Arms and Anmunition
The Contractor shall not give, or otherwise disposeof to any person or persons,any
afirls or ammunition of any kind or permit or suffer the sameas aforesaid.
34JA Festivalsand Religious Customs
The Contractor shall in all dealings with his staff and labour have due regard to all
recognizedfestivals, days of rest and religious and other customs.

34.11 Disorderly Conduct
The Contractor shall aI all times take all reasonable precautions to prevent any
unlawful, riotous or disorderly conduct by or amongst staff and labour and for the
preservationofpeace and protection ofpersons and property in the neighborhood of
the Works againstthe same.
34.12 Compliance by Subcontractors
The Contractor shall be responsible for compliance by his Subcontractorso the

provisionsof this Clause.
The fbllowins Sub-Clauses35.2 and 35.3 are added:
35,2 Records of Safety and llealth
The Contractor shall maintain such records and make such reports concerning safety,
health and welfare of personsand damageto property as the Engineermay from time
to time prescribe.
35.3 Reporting of Accidents
The Contractor shall report to the Engineerdetails of any accidentas soon as possible
after its occuffence. In the case of any fatahty or serious accident, the Contractor
shall, in addition, notify the Engineerimmediately by the quickest availablemeans.
The followine Sub-Clause36.6 is added:'
36.6 Use of Pakistani Materials and Services
The Contractor shall , so far as may be consistent with the Contract, make the
maximum use of materials, supplies,plant and equipment indigenousto or produced
or fabricated in Pakistan and services,available in Pakistanprovided such materials,
supplies,plant, equipmentand servicesshall be of required standard.
4l,l Cornmencernent of Works
The Contractor shall commence the Works on Site within the period named in
Appendix-A to Bid from the date of receipt by him from the Engineer of a written
Notice to Commence. Thereafter, the Contractor shall proceed with the Works with
due expedition and without delay.
45.1, Restriction on Working llours
After the first paragraphadd the following paragraph:
If as a result of carrying out the Works on or locally recognizeddays ofrest

or at night or after the normal wor$ assistantsto the Ensineer's

Representativeperform supervision of the Works, the additional supervision cost
based on hourly rates shall be determinedby the Engineer after due consultation with
the Employer and the Contractor which shall be paid by the Contractor to the
assistantsthrough the Engineer's Representative;this mode of compensationshall be
applicablealsounder Sub-Clause46.1.
48.2 Taking Over of Sectionsor Parts
For the pu{posesof para (a) of this Sub-Clause,separateTimes for Completion shall
be provided in the Appendix-A to Bid "Special Stipulations".
51.2 Instructions for Variations
At the end of the first sentence,after the word o'Engineer",the words "in writing" are
added.
52.1 Valuation of Variations
In the tenth line, after the words ooEngineer

shall" the following is added:
Within a period not exceeding one-eighth of the completion time subject to a

minimum of 56 days from the date of disagreementwhichever is later.
52.2 Power of Engineer to Fix Rates
At the end of the first paragraphadd:,
Provided further that no change in the rate or price for any item contained in the
Contract shall be consideredunless such item (varied quantity only) accountsfor an
amount more than 2 pwcerrt of the Contract Price, and the actual quantity of work
executed under the itern exceeds or falls short of the quantity set out in Bill of
Quantities by more than 30% and applicable to the varied quantity only i.e. starting
from 130 percent to onward (In case the quantity of an item exceeds)provided the
conditions set above are fulfilled and if the quantity of a BOQ item is reduced more
than 30 (thirty) percent the change in rate will be applicable to all the leftover
/remaining quantity.
53.4 Failure to Comply
This Sub-Clauseis deletedin its entirety.
54.5 Conditions of Hire of Contractor's Equipment
The Contractor shall, upon requestby the Engineer at any time in relation to any item
of hired Contractor's Equipment, forthwith notifu the Engineer in writing the name
and addressof the Owner of the equipment and shall certify that the agreementfor the
hire thereof containsa provision in accordancewith the requirementsset forth above.
PM-2018-19-KPK-O7
with the following:
& 59.5aredeletedandsubstituted
The Sub-Clauses59.4
59 NominatedSubcontractors
This Clauseis deletedin its entiretv.
60.1 MonthlyStatements
In the first line afterthe word 'oshall",the following is added'

,
"on the basisof thejoint measurement
of work doneunderClause56.1,- ,'i'*;'',,1.'o*,,*.
60.2 Monthly Payments
by "14"
In the first line, "28" is substituted
60.10 Time for Payment
The text is deletedand substitutedwith the follow
The amount due to the Contractorunder any ment Certificateissuedby

the Engineerpursuantto this Clause,or tq, terms of the Contract,shall ,
subject to Clause 47, be paid bY the Contractor within 30 daysafter
such Interim Paymeflt Certificate h$ y verified by Employer and
Contractor,or, in the caseof the .P*"tfC"dfiiate
'':-,- referred to in Sub Clause60.8,
within 60 days after such Final Payment Certificate has been jointly verified by
Employerand Contractor;Provided.thatthe Interim Paymentshall be causedin 42
daysand Final Paymentin in caseofforeign fundedproject.In the eventof
the failure of the Em paymentwithin the times stated,the Employer
shall pay to the C ion at the 28 days rate of KIBOR+2Yoper
annumfor local LIBOR+I% for foreigncurrency,uponall sumsunpaid
60.11is added:
the folldffti$g'$..pb-Clause
j '0.r','
60.11 Finaiicial
,._,,rrl!t
Adsistanceto Contractor
l.it.
:ll z'
:iF-ina-ncfal shallbe madeavailableto the Contractorby the Employerby
assistance
.-. :.;/.
following MobilizationAdvanceClause:
' :d.{opting
,., " .,.. '
"''MbbilizationAdvance
(a) An interest-freeMobilization Advanceup to 10%of the ContractPrice stated

in the Letter of Acceptanceshall be paid by the Employerto the Contractorin
two equalpartsupon submissionby the Contractorof a Mobilization Advance
Guaranteefor the full amount of the Advance in the specifiedform from a
ScheduledBank in Pakistanacceptableto the Employer:
Contract No. PM-2O18- 19-KPK-07 Page 80

(1) First part within 14 days after signing of the ContractAgreementor
date of receipt of Engineer's Notice to Commence,whichever is
earlier;and
(2) Secondpart within 42 daysfrom the dateof paymentof the first part,
subjectto the satisfactionof the Engineeras to the stateof mobilization
of the Contractor.
(b) This Advanceshall be recoveredin equalinstallments;first installmentat the

expiry of third month after the date oi paymentof first part of Advand6uand
the last installmenttwo monthsbeforethe dateof completionof the Qdrki*as
perClause43 hereof. j"*\='u',
:^
,,t 2
63.1 Default of Contractor '}'
".*:t*u*tt'"*'u
utr{*"1\.,
The followingparaisaddedatthe endof the Sub-Clause: r"'oli
,- ",t,,r."
Provided further that in addition to the action taken py the E.mployeragainst the
contractor under this clause, the Employer may also-re'ietthii case of default of the
Contractorto PakistanEngineeringCouncil for pur.r[{iv{acfiOriunder the Construction
and Operationof Engin"".ing Works Bye-Laws Uffhded from time to time.
ltet
.d;,.,.+*..t".
65.2 Special Risks .,,.'j,'ii,-!,.:.
r i B
*ith"the.fu.lgwi;g'
Thetextis deletedandsubstituted
:,i t
The SpecialRisks are the r'sks defineh'runderSub-Clause20.4 sub paragraphs(a) (i) to
(a) (v).
..,*. ;t-;
,.,/rt
""r:n
67,3 Arbitration -,1l1*
.:j;
In the sixth to eight.liqes,the words "shall be finally settled appointedunder such

Rules" aredeleted{pnd iti.bstitutedwith the following:
t{;,,....-o{
'"'-.,.
shall be nnrf$'Set'ttedunderthe provisionsof the Arbitration Act, 1940as amendedor

any statl4orymlbdificationor re-"nu.tmentthereoffor the time being in force.
The f€llo. ing paragraPhis added:
. t::,.,
,t11.,..
Thqp:laosof arbitrationshallbe Islamabad,Pakistan'

'
-,:.;i!; j.
:
'Notice
68.1 ..,r,r,ti." to Contractor
The following paragraphis added:
For the purposesof this Sub-Clause,the Contractorshall, immediatelyafter receipt of

Letter of Acceptance,intimate in writing to the Employerand the Engineerby registered
post,the addreisofhis principalplaceofbusinessor any changein suchaddressduring
the periodof the Contract.
PM-2018-19-KPK-07
68.2 Notice to Employer and Engineer
For the purposesof this Sub-Clause,the respectiveaddressesare:
a) The Employer :
Chairman,
28-MauveArea, G-9I l, Islamabad
b) The Engineer
ConcemedMember (Zone)
70.1 Increaseor Decreaseof Cost
70.1is deletedin its entirety,

Sub-Clause ith the following:
The amountspayableto the 60.1,shallbe adjusted

in respectof the riseq fall i ials, and other inputs to the
Works,by applyi prescribedin this Sub-Clause.
(a) Other Chan
To the extent compdnsationfor any rise or fall in coststo the Contractoris

not coveredbv visionsof this or otherClausesin the Contract,the unit rates
and prices incl in the ContracJshall be deemedto include amounts to cover
the contingencyof such other rise or fall of costs.
(b) Adjustment Formula
The adjustment to the monthly statementsin respect of changesin cost shall be

determinedfrom the following formula:-
-Ln Mn
Pn=A + b-+ C--t
Lo
Where.:
Pn is a price adj the amount for the payment of the

work carried ined in accordancewith Paragraph
60.1 (a), and wi f?[ ("), where any vaiations and daywork
are not otherwi ; but excluding Provisional Sums and Bill
No.07;
A is a constant. to Bid, representingthe nonadjustable

portion in cont I payments;
b, c, d, etc., are weightagesor coefficients representingthe estimatedproportion

of each cost element (labour, cement and reinforcing steel etc.) in the Works or
Sectionsthereof,net of ProvisionalSums and Bill No. 07; the sum of A, b, c, d,
etc."shall be one:

Ln, Mq En, etc., are the current cost indices or reference prices of the cost
elementsfor month "n", detemined pursuantto Sub-Clause70.1(d),applicableto
eachcost element; and
Lo, Mo, Eo, etc., are the base cost indices or referenceprices correspondingto the
abovecost elementsat the datespecifiedin Sub-Clause70.1(d).
(c) Sourcesof Indices and Weightages
The sourcesof indices shall be those listed ix-C to Bid, as approvedby

the Engineer.As theproposedbasisfor pri t, the Contractor shall have
submittedwith his bid the tabulationof; and Source of Indices if
different than those eiven in I be subjectto approval
by the Engineer.
(d) Base,Current, a
The basecost prevailing on the day 28 days prior to

the latest date idls.Currentindices or prices shall be those
prevailing on ilrior to the last day of the period to which a
particularmont is related. If at anv time the current indices are not
available,provi ndices as determinedby the Engineer will be used, subject
to subsequent of the amounts paid to the Contractor when the current
indices become available.
(e) Adjustment after Completion
If the Contractor fails to complete the Works within the Time for Completion
prescribedunder Clause43, adjustmentof prices fter until the date of
completion of the Works shall be made using ei ces or prices relating to
the prescribed time for eompletion, or the prices, whichever is
more favorableto the Employer, that of time is granted
pursuantto Clause44, the above iustmentsmade
aftertheexpiry of suchextension
(f) Weightages
The weightagesfor gtven in Appendix-C to Bid shall be

adjustedif, in the opi . thev have been renderedunreasonable.
unbalanced,or inappl as a reEult of varied or additional work executedor
instructedunder Such adjustment(s) shall have to be agreed in the
variationorder.
72,2 CurrencyProportions
All paymentsshallbe in local currencyonly.
72.3 Currenciesof Paymentfor ProvisionalSums
All paynents shall be in local currency only.
fug*'
T h ef o l l o w i n gS u b - C l a u s e
7 s3 . 1, 7 3 . 2 , 7 4 . I , 7 5 . 1 , 7 6 . 1 , 7 7 . 1 a n
7d8 . 1a r ea d d e d :
73.1 Payment of Income Tax
The Contractor, Subcontractorsand their employeesshall be responsiblefor payrnent

of all their income tax, supertax and other taxes on income arising out of the Contract
and the rates and prices statedin the Contract shall be deemedto cover all suchtaxes.
73.2 Customs Duty & Taxes
The prices tendered by the Contractor shall include all import license fees, custom
duties, excise duties, sale taxes, surcharges,business taxes, income and other taxes
that are levied according to the laws and regulations of Pakistan on the Contractor's
Equipment, materials, and supplies (both permanent, temporary and consumable)
acquired for the purpose of the Contract and on the seruicesperformed under the
Contract. Nothing in the Contract shall relieve the Contractor from his responsibility
to pay any tax that may be levied in the country on profits madeby him in respectof
the Contract whatsoever is the rate of the tax durine execution of the Works and
payment for the sameto the Contractor.
74.1 Integrity Pact
If the Contractor or any of his Subcontractors,agents or servantsis found to have

violated or involved in violation of the Integrity Pact signed by the Contractor as
Appendix-L to his Bid, then the Employer shall be entitled to:
(a) recover from the Contractor an amount equivalent to ten times the sum of any
commission, gratification, bribe, finder's fee or kickback given by the
Contractor or any ofhis Subcontractors,agentsor servants;
(b) terminate the Contract; and
(c) recover from the Contractor any loss or damageto the Employer as a result of
such termination or of any other comrpt businesspracticesof the Contractoror
any of his Subcontractors,agentsor seryants.
The termination under Sub-Para(b) of this Sub-Clauseshall proceed in the manner

prescribedunder Sub-Clauses63.1 to 63.4 and the payment under Sub-Clause63.3
shall be made after having deductedthe amountsdue to the Employer under Sub-Para
(a) and (c) of this Sub-Clause.
75.1 Termination of Contract for Employer's Convenience
The Employer shall be entitled to terminate the Contract at any time for the
Employer's convenience after giving 56 days prior notice to the Contractor, with a
copy to the Engineer. In the event of such termination, the Contractor:
(a) Shall proceedas provided in Sub-Clause65.7 hereof; and
(b) Shall be paid by the Employer as -Clause65.8 hereof.

76.1 Liability of Contractor
The Contractor or his Subcontractorsor assigns shall follow strictly, all relevant
labour laws including the Workmen's CompensationAct and the Employer shall be
fully indemnified for all claims, damagesetc. arising out of any dispute between the
Contractor,his Subcontractorsor assignsand the labour employedby them.
77.1 Joint and Several Liability
If the Contractor is a joint venture of two or more persons,all such personsshall be

jointly and severally bound to the Employer for the fulfilment of the terms of the
Contract and shall designateone of such persons to act as leader with authority to
bind the joint venture. The composition or the constitution of the joint venture shall
not be alteredwithout the prior consentof the Employer.
78.1 Details to be Confidential
The Contractor shall treat the details of the Contract as private and confidential, save
in so far as may be necessaryfor the purposes thereof, and shall not publish or
disclose the same or any particulars thereof in any trade or technical paper or
elsewherewithout the prior consentin writing of the Employer or the Engineer.If any
dispute arises as to the necessityof any publication or disclosure for the purpose of
the Contract, Ihe same shall be referred to the decision of the Engineer whose award
shall be final.

PART II -PARTICULAR CONDITIONS OF CONTRACT
Index Clause
Alcoholic Liquor or Drugs 34 .8

Arbitration 67.3
Arms and Ammunition 34.9
As-Built Drawings 6. 7
Bonus for Early Completion of Works 4:1,3
Cash Flow Estimate to be Submitted 14,3
Certification of Payment& Nominated Subcontractors 59.s
Commencementof Works 4T,I
Complianceby Sub-Contractors 34.12
Conditions of Hire of Contractor'sEquipment 54.5
Contract Agreement 9.1
Contractor's Representative 15.3
Co-operationwith Other Contractors 31.3
Currenciesof Payrnentfor Provisional Sums 72.3
Currency Proportions 72.2
CustomsDuty and Taxes 73 .2
Default of Contractor 63.r
Definitions 1.1
Detailed Programme and Monthly ProgressReport 14.5
Details to be Confidential 78.r
Disorderly Conduct 34.r1
Employer's Risks 20.4
Employment of Local Personnel 16.4
Employment of Personsin the Serviceof Others 34.3
EngineerNot Liable 2. 7
Engineer'sDuties and Authority 2.1
Engineer's Representative 2.2
Epidemics 34.6
Exclusions 21.4
Failureto Comply 53.4
Festivals and Religious Customs 34.r 0
Financial Assistanceto Contractor 60.11
Health and Safety 34.5
Housing for Labour 34.4
Increaseor Decreaseof Cost 70.1
Instructions for Variations 5r.2
InsuranceCompany 25.5
Integrity Pact 74.1
Joint and SeveralLiability 77.1
LanguageAbility of Contractor's Representative 15.2
LangaageAbility of SuperintendingStaff of Contractor 16.3
Language(s)and Law 5.1
Liability of Contractor 76.1
Lighting Work at Night 19.4

Monthly Paynents 60.2
Monthly Statements 60.1
Notice to Contractor 68.1
Notice to Employer and Engineer 68.2
Payment of Income Tax 73.1
Paymentsto Nominated Subcontractors 59.4
PerformanceSecurity 10.1
PerformanceSecurity Binding on Variation and Changes 10.4
Power of Engineerto Fix Rates s2.2
Priority of Contract Documents 5 .2
Programmeto be Submitted t4.l
Ratesof Wages and Conditions of Labour 34.2
Recordsof Safety and Health 35.2
Replacementof the Engineer 2.8
Reporting of Accidents 35.3
Restriction on Workins Hours 4s.l
Safety Precautions 19.3
Shop Drawings 6 .6
SpecialRisks 65.2
Supply of Water 34.7
Taking Over of Sectionsor Pafts 48.2
Termination of Contract for Employer's Convenience 75.r
Time for Pa5rment 60.10
Use of Pakistani Materials and Services 36 .6
Valuation of Variations 52.r
PM-2018-19-KPK-07
SPECIAL PROVISIONS(CONTRACTUAL)
TABLE OF CONTENTS
SPECIAL PROVISIONS(CONTRACTUAL)
sP(c)- 6.1 Custody and Supply of Drawings and Documents

sP(c)- 6.6 Shop Drawings
sP(c)- r4.s Detailed Programmeand Monthly ProgressReport
sP(c)- 1e.3 SafetyPrecautions
sP(c)- te.4 Lighting Work at Night
sP(c)-22.r Damageto Personsand Property
sP(c)-31.4 Railway Traffic
sP(c)-34.4 Housing for Labor
sP(c)-34.s Health and Safety
sP(c)-36.r Quality of Material, Plant and Workmanship.
sP(c)-36.6 Use of PakistaniMaterials and Services
sP(c)- 60.1 Monthly Statements
sP(c)- 60.11 FinancialAssistanceto Contractor
sP(c)- 62.r Defect Liability Certifi cate
sP(c)-10.2 SubsequentLegislation
sP(c)-73.2 CustomsDtrty and Taxes
PM-2018-19-KPK-07
SPECIAL PROVISIONS (CONTRACTUAL)
These Special Provisions (Contractual) shall supplement the Particular Conditions of

Contract.
SP(C) 6.1 Custody and Supply of Drawings and Documents:
The Contractor along-with the hard copies must provide duly certified Soft / Scannedcopies
of all the documentsprepared/ used / referred etc during the contract period.
The soft / scannedcopies shall be stored in the appropriatestoragemedia like
external hard disk in a secureand structuredmanner. The scannedcopies must
have proper file names / titles etc in appropriate folders for quick retrieval.
Tlre soft I scannedprovided by the contractor / consultant must have third
party certification and traceability.
sP(c) 6.6 Shop Drawings:
All the shop drawings/fabrication drawings shall be prepared by the

Contractor and submitted to the Engineer at least fifteen (15) days before the
start of the work. The Engineer shall check and approve or return the same to
the Contractor for correction/modification within the period of fifteen (15)
days from the day of receipt of the drawings. All work is to be executedby the
Contractor in accordance with the drawings approved before the
commencementof the works.
sP(c)14.s Detailed Programme and Monthly ProgressReport:
(d) The Contractor shall attend and shall causehis Sub-Contractorsto attend
any or all meelings when called by the Employer or the Engineer to
discussprogressof the Works and other matters re,latedto the Works and
the Contract,without any compensationfrom the Employer.
(e) The Contractor shall bear all expenses of the Employer and
representativesand the Engineer, and representativesfor any meetings
requestedby the Contractor for instructions and approvalsaway from the
site within or outside Pakistan.
The submission of the progress reports shall be condition precedent to the

payment of ContractorsBills by the Employer.
Format of the Monthly ProgressReport will be subject to the modification by

the Employer, if deemedappropriate.
sP(c)1e.3 Safety Precautions:
The Contractor shall adequately provide for the prevention of damage to

works, material, and equipment for the purpose of or in'.connectionwith the
Contract.
Contract No. PM-20 18- 19-KPK-07 t"'1'I):; Page 90

The Contractor and his Subcontractorshall transport,store and make use of all
explosives, dangerous petroleum, acetylene, carbide of calcium and other
similar material provided by them for use in or on the works in strict
accordancewith the provision of all laws, orders and regulations that are in
force at the Site or may be issuedfrom time to time by the Government.
SP(C) 19.4 Lighting Work at Night:
The Contractor shall make arrangement for the electric power supply and
distribution of the same at the site of Works for the completion of the Works
at his own expense.
SP(C) 22.1 Damage to Personsand Property:
The Contractor shall make good, at his own cost, all damagesto telephone,
telegraph and electric cables or wires, sewers,water or olher pipes which are
disturbed by the Works, except where the authority, Employer or other Party
owing or responsible for the same elects to make good the damage, cost of
which shall be borne bv the Contractor.
All injury to the surface of the land, to the beds of water courses,protecting
banks, riverbeds etc. where disturbed by the Works, shall be repaired by the
Contractor or the authorities concerned,at the Contractor's expense.All such
making good shall be to the approval of the Engineer.
SP(C) 31.4 Railway Traffic:
Where constructionworkor operationsof the Contractor are performed within

the limits of the right-of-way of the Pakistan Railways, the Contractor shall
cooperatewith the rulway administrationin order to expeditethe work and to
avoid interference with the operation of the railway. Before performing any
work on his sidings yards or on other transportation facilities adjacent to
existing railways, the Contractor shall enter into an agreementwith and shall
meet all,requirements of the railway administration within the area of the
Contractor's operation for the protection of its lines against damage,
interferencewith traffic or service thereon by the operationsof the Contractor
under this Contract. The Contractor shall not store or place any materials or
equipment on the right-of-way of the existing railway in such a manner as to
interfere with the operations of trains or the maintenance of the rail bed and
track. In advanceof any operation which may unavoidably interfere with the
operation of the railway, the Contractor shall notify the superintendentof the
corresponding Railway division in order that proper flagging or other
protection may be provided. The cost of providing and maintaining all
necessarysafety measures,watchman guards,signalsand temporary structures
or making any necessary repairs, replacements or similar operations or
furnishing indemnity or other required by this article shall be borne by the
Contractor and the Contractor shall save harmless and indemnify the
Employer in respect of all claims, demands ings, damagescosts,
charges and expenseswhatsoever arisi relation to any such
operationsor interference.

SP(C)34.4 Housingfor Labor:
The location of houses,barracks,storesand offices, etc., shall be determined

in agreementwith Employer; Installation for the supply of elechicity and
water,fuel, lightingoetc.,must be presentto the necessaryextent.
SP(C)34.5 Health and Safety:
Add following sentenceafterthe first sentence:
The Contractor shall provide and maintain adequateFirst

convenientto the Siteto the satisfactionof the Engineeror his
SP(C)36.1 Quality of Material, Plant and Workmanship:

measuringand
SP(C)36.6 Use of PakistaniMaterials
The Contractor shall ensuretimely procurementof Bitumen.

Cementand other sffiuired for the Works. The Employer doesnot
assumeanv for the supplyof materials.However,the Employer
shall issue a of the estimatedrequirement of the quantity of
Bitumenand at the specificrequestof the Contractor.
SP(C)60.1 Mon
six (6) copiesof

will supplyto the Employer'sRepresentative
of Contractor's monthly statementalong with two copies of
€ detafud measurements, quality control tests and cross sections with
"de*,fualculations,and any other documentor informationwhich form the basisof
q-. ]pbyment.
_
f,.%,
Itr4yrut
? .4t86!
u\7J
SP(C)'60.11 FinancialAssistanceto Contractor:
{-**r-"+ ''
*1 Secondpart within 42 daysfrom the dateof paymentof the first part, subject
to the satisfactionof the Engineerwhich shallbe communicatedthrough
issuanceof certification.
Secondinstallmentshall be paid after the Contractorcompletesmobilization

and the Engineerissuesa certificationto the Employer of such completion.
For the avoidanceof doubt (i) the Advance PaymentGuaranteerequiredto
releasethe first installmentshall be in an amountequalto the total amountof
the advancepayment (ii) the completemobilization required to releasethe
second installment shall mean the Contractor's of all of the

equipmentand humanresourcesrequiredfor the executionof the first three
(03) months of the PermanentWorks in accordancewith the programme
submittedby the Contractorunder Sub-clause14.1 (Programme);and (iii) if
the Contractoris a joint venture,the releaseof the secondinstallmentshall be
further conditionedupon the certification of the Engineerthat all resources
have been mobilized to site bv JV Partnerin accordancewith their sharein
joint ventureagreement.
SP(C)62.1 DefectLiability Certificate:
At the end of the Defects Liability Period stipulated in the

Employer on applicationof the Contractor,shall decidethe
final hand over committee and announcethe same to the
committee, after investigation of work, if satisfied
deficienciesor defectsdue to work of the Contractor,;fifu[l
hand-over,andthe Engineerwill then issuea DefectsJsiapil
SP(C)70.2 SubsequentLegislation: , \
Increasein rateof incometax is not ijtut. 70.2ofConditions
of Contract,andthecostof risk of "ou.r.fufu:
increasSn&leffincome tax is to bebuilt-
in in thequotedbid amount 45fttr
F-EE
Yt,
ue3
l!
"%.jm@a/
it W
B
SP(C)73.2 CustomsDuty and Taxes: ,E'
!38 f
In respectof any Contracto{ in general,exceptas providedfor in

theseDocuments,which Con r shall be requiredto have availableat
Site for executionof W rdancewith the Drawings,Specifications
or as directed by [h€Qqnployer,he shall make his own arrangementsfor
foreignexchangAiippori$formalities, customs,transportto the Site of Works
at his own costandresponsibility.
and all otherfglfuahlfusE{'hatsoever
q€
}E
The Contractor ffiatt Ue deemed to have taken into consideration all

Local Bodies regulations, for the time being in force,
re-exportof any plant and equipmentwhich he may have to
ion with the works. Any amendmentsto the existing rules
ant4ffirther regulationsimposedin this respectby the Governmentot
"
- t patisTanshall be strictly followed by the Contractor.
,iuxa$^
,...
9*r* %. sum in PakistaniRupees,in accordance
ffi. with the prevailingincometax laws
"t.b. Y""p" of Pakistanshall be deductedfrom all actualpaymentsmadeto the Contractor
t*-,"*t 1 and be depositedwith the Governmentof Pakistantowardspaymentof income
-.
*t tax by the Contractor.When such deductionis made from the paymentsa
certificateto that effect shallbe issuedby the Employerto the Conhactor.
Notwithstandingsuchdeductionof income tax at source,the Contractorshall
be liable to pay the balanceincometax, supertax and othertaxeson incomeor
his profits arising out of the Contract, and his employees on their
remunerationset, in accordance with the prevailingincomeand othertax laws
of Pakistan.

-SPECIF'ICATIONS.
GENERAL SPECIFICATIONS.

NHA GENERAL SPECIFICATION.I99SAND
ITS ADDENDUMS

TENDER DRAWINGS
(Attached)

7.30m
and 5cm AWC 1m Innershoulder

2m DSTon outershoulder 0-50mm cold milling followed by tack coat
0-70mm cold milling followed by 7cm Asphaltic Base
4r
\sr{'-
Assistant Director (Maint)
NHA.Peshawar
,'qIG
X-Section
NBCt on N'5
Fo, D.t"rior"t"d Portion b/wGl641+ooo'1642+000
3.65m
scm AWC 1m Innershoulder
2m DSTon outershoulder O-50mmcold millingfollowedby tack coatand
A 0-70mmcold followed
milling by 7cm AsphalticBase
,/
//
#,
Inspector
NHA,Peshawar
Assistant Director (Maint)
NHA,Peshawar
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Bidding Documents For Jahangira Nowshera For Contract No. PM 2018 19 KPK 07

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Bidding Documents For Jahangira Nowshera For Contract No. PM 2018 19 KPK 07

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GOYERNMENT OF PAKISTAN

National Highway AuthoritY

(single StageTwo EnvelopeBidding Procedure)

Contract No. PM-20 18- 19-KPK-07

INVITATION FOR BIDS

IB.1 Scopeof Bid

IB.7 Contentsof Bidding Documents

IB.10. Languageof Bid

D. Submission of Bids for Single Stage Two Envelope Bidding

IB.l9 Sealingand Marking of Bids

Contract No. PM-20 18- 19-KPK-07 Page 2

18.23 Bid Opening

BIDDING DATA SHEET

LETTERS OF TECIINICAL BID/PRICE BID ANDAPPENDICESTO BID

Contract No. PM-20 18- 19-KPK-07

FORMS Bid Security

Part-I: GENERAL CONDITIONS OF CONTRACT

Part-III: SPECIAL PROVISIONS (CONTRACTUAL)

SPECIFICATIONS _SPECIAL PROVISIONS

SPECIFICATIONS _TECHNICAL PROVISIONS

Contract No. PM-20 18- 19-KPK-07

Contract No. PM-20 18- 19-KPK-07 Page 5

IB.1 Scopeof Bid

lB.2 Source of Funds

IB.3 Eligible Bidders

lB.4 One Bid per Bidder

IB.5 Cost of Bidding

Contract No. PM-20 18- 19-KPK-07 ,

IB.7 Contents of Bidding Documents

IB.8 Clarification of Bidding Documents

Copiesof the Employer's responsewill be forwardedto all purchasersof the Bidding

Contract No. PM-20 18-I9 -KPK-O7

9.2 Any addendumthus issuedshall be part of the Bidding Documentspursuantto IB 7.1

9.3 To afford prospective bidders reasonabletime in which to take an addendum into

18.10 Language of Bid

IB.11 Documents Comprising th,eBid

(a) In caseof a successfulbid, the Form of JV Agreement shall be signed so as to

Contract No. PM-20 18- 19-KPK-07

(e) A copy of JV agreementshall be submitted before signing of the Contract,

lB..l2 Bid Prices

Contract No. PM-20 1B-19-KPK-07

IB.13 Currencies of Bid and Pavment

18.14 Bid Validity

18.15 Bid Security

Contract No. PM-20 18-19-KPK-07

15.4 The bid securitiesof unsuccessful bidderswill be returnedas promptly as

15.6 The Bid Securitvmav be forfeited:

(a) If the bidder withdraws his bid except as provided in

(i) Furnish the required PerformanceSecurity;

IB.16 Alternate Proposals by Bidder

16.2 Alternate Proposal(s),if any, of the lowest evaluatedresponsivebidder only may be

IB.I7 Pre-Bid Meeting

Contract No. PM-20 18- i9-KPK-07 Page 11

IB.18 Format and Signing of Bid

18.2 All appendicesto Bid are to be properly completedand signed.

18.6 Any amendmentssuch as interlineations, erasures,or overwriting shall be valid only

Contract No. PM-20 18- 19-KPK-07

IB.19 Sealing and Marking of Bids

19.1Eachbidder shall submithis bid asunder:

(b) The envelopescontainingthe ORIGINAL and copieswill be put in one sealed

(c) The technicalbid should comprise of documentslisted in IBll.l (A) &the

l9.2The inner and outer envelopesshall: