SECTION-II

INSTRUCTION TO BIDDERS

A]\D APPEI\DICES

TABLE OF CONTBNTS

INSTRUCTIONS TO BIDDERS

Clause No Descr ipt ion

IIItITtIIITIIIItIIIlI

I B . II I ] .2I B . 3IB .4

IB.5IB.6IB.7

I B . 8I B . 9r B . t 0I B , I II B . I 2I B . I 3I B . I 4I B . I 5I B , I 6I B . I 7

I B . I 8I B . I 9I8 .20ul.2 r

18.22I8 .23T8,24I8 .2518.2618,27IB,28

(A) GENERAL

Scope of Bid and Source of FundsEl igible BiddersEl igible Goods and ServicesCost of Bidding

(B) BIDDING DOCUMENTS

Contents of Bidding DocumentsClarification of Bidding DocumentsAmendment of Bidding Documents

(c) PREPARATTON OF BIDS

Language of BidDocuments Comprising the Bidl,etter of Bids and SchedulesBid PricesCurrencies of BidDocuments Establishing Bidder's Eligibility and QualificationDocuments Establishing Plant's Eligibility and Confonnity to Bidding DocumentsBid SecurityValidity of BidsFonnat and Signing of Bid

(D) SUBMISSION OF BrDS

Seal ing and Marl<ing of BidsDeadl ine for Subrnission of BidsI.ate BiclsModif icat ion, Subst i tut ion and Withdrawal of Bids

(E) BID OPENING AND BVALUATION

Bid OpeningClarification of BidsPreliminary Examination & Determination of Responsiveness of BidsConversion to Single CurrencyDetailed Evaluation of BidsDonrestic PreferenceProcess to be Confidential

Construction of China - Pakistan Economic Colridor: Flavelian - Thakot Section ( 120 Knr)

ItI Clause No Descr ipt ion

tIIItIITItIIItIItI

T8,29IB.3OI B . 3 II 8 . 3 2I 8 . 3 3I 8 . 3 4I8 .35

I 8 . 3 6I 8 . 3 7I8 .3 8I 8 . 3 9IB.4OI B . 4 I18,4218.43T8.44I8 .45

(F) AWARD OF CONTRACT

Post-QualificationAward CriteriaEmployer's Right to Vary QuantitiesEmployer's Right to Accept any Bid and to Reject any or all BidsNotification of AwardPerformance SecuritySigning of Contract Agreement

(G) ADDITIONAL INSTRUCTIONS

Instructions not Part ofContractContract DocunrentsSufficiency of BidOne Bid per BidderBidder to Inform HimselfAlternate Proposals by BidderSite Visit and Local ConditionsPost-Bid Meetinglntegrity PactGeneral Performance of the Bidders

(H) APPENDTCES

Appendix A to Instructions to Bidders:Narne of El igible Countr ies

Appendix B to Instructions to Bidders:l lv idence of Bidder 's Capabi l i tv

Construction of China - Pakistan l lconomic Corridor: I-lavelian - "fhakot Section ( 120 Km)

ITlITIIIItIITIITIIIt

INSTRUCTIONS TO BIDDERS AND APPENDICES

(A) GENERAL

IB.1 Scope of Bid and Source of Funds

1.1 Scope of Bid

National Highway Authority, Islarnabad, Pakistan (hereinafter cal led the "Employer")r,vishes to receive Bids on EPC/Turnkey basis using Single Stage Two EnvelopesBidding Procedure for the scope of work which includes, but shall not be l imited tothe project of Construction of China Pakistan Economic Corridor (CPEC): Havelian -Thakot Section located in Pakistan. The Works to be executed under this Contractcomprise the preparation of the Detailed Design, Constnrction and Maintenance of theWorks on EPC / Turnkey basis. The Havelian - Thakot Section of the CPEC is 120I(m long. The Bidder has to prepare a Preliminary Design based on site collected dataand design parameters given and then formulate his costs as per his working. Anyadditional information, geo-technical investigation, surveys including hydraulic, studyor verification of documents provided shall be done by the bidder prior to bidsubmission, This detai led working on costs including Prel iminary Design has to beenclosed with his tender to facilitate tlte evaluation process and shall assume fullresponsibility for the soundness, correctness and safety of the design. The proposedalignment of the project has some sort of existing access from local / provincial roadsand can be further studied by the bidder in this respect.

'[he l<ey design features of the Project are given in the documents listed uncler. Enrployer's Requirement and other sections of the document which the Bidder has tocheck and review and correct after visiting site and accordingly prepare PreliminaryDesign and submit his bid.

The scope of work to be executed inch"rdes but not limited to following:

l. Detai led Engineering Design of Project based on Employer's Requirement andspecif ication. Prior to this, the bidder has to review Employer's Requirementand the Feasibi l i ty Study provided with the bid document. He has tosubsequently prepare his own Prelirninary Design after detai l site studies,investigations and surveys, The bidder has to then base his bid on the basis ofhis own Prelirninary Design rvhich he has to develop into detai led designduring execution stage.

2. Gelling the design vetted from Employer and making necessary correction ifrequired before start of work.

3. Construction and completion of project including maintenance and defectliability period as required including operation phase after Expressway startoperati ng.

Construction work i tems may include but not l imited to fol lowing:

- Site clearance and top soil str ippirrg- Earthwork- Demolish arid removal of substandard structures and vented Causeways if any

4 'nw€J,Construction of China - Pakistan Econornic Corridor: Havelian -' l-hakot Section (120 l(m)

a)

b)

c)

ITIIItIIIIIIIIItTIIII

- Construction of Bridges- Construction of Culverts- Construction of Cattle Creeps and Underpasses- Construction of Minor and Major Drainage and Erosion works- Construction of Road furniture ( included but not l imited to pavement marking,

sign boards, gantries or as approved by the Employer while approving thedesign)

- Construction of any other operation ancillary to the main works- Construction of service areas, rest areas, toll plazas, weigh stations.- Provision of intelligent transport system, landscaping and horliculture.- And other necessary works to meet the Employer's requirement- Keep traffic moving with safety and maximum comfoft to road users during

construction.

Maintenance/Operation and Defect Liabil i ty Period:

i\4aintenance requirement has been provided in detai l in the Employer's I{equirenrent.

A detailed scope of work has been described elsewhere in these docurnents. Thesuccessful I l idder wil l be expected to complete the Works within the stipulated periodof 3em.ohths as specified in these Bidding Documents,

Bidders must quote prices for the complete scope of work. Any Bid covering pafiialscope of work wil l be non-responsive, pursuant to Clause lF-.24.

L,2 Source of Funds

The project will be financed by the Federal Government. The projectirnplemented through the Public Sector Development Programme.

IB.2 Eligible Bidders

Z.l Bidding is open to all pre-qualified firms and conditionally opened for provisionallypre-qualified firms meeting the following requirements:

Duly licensed by the Pakistan Engineering Council (PEC) in Category C-Awith specialization in CE-01, CE-02 & CE-10 for the year 2015. A foreignprequali f ied f irm is entit led to bid only in a joint venture with a Pakistaniconstructor in accordance with the relevant provision of PEC bye-laws. In caseof joint venture with foreign firm, project specific certification of PEC is alsorequired, If such joint venture could not submit the requisite PEC projectspecif ic cert i f icate before the latest deadline for bid submission, such bidder(s)shall provide original cash receipt alongrvith copy of 'application sr"rbnrit ted toPEC for issuance of said l icense alongwith his Technical Bid. Evaluation oftechnical bids of such bidder(s) shall be done condit ionally subject toprovisions of PEC Specific Project License. In case of non submission of PECProject Specific license prior to opening of financial bids, Ernployer mayd isqualifu the respective bidder(s).

Foreign Bidders from eligible countries as per Appendix 'A' to Instructions toBidders.

Any incorrect information provided at any stage is liable for rejection andnecessary action as deenred necessary aI any time at pre-award and post-award

Construction of 'Clr ina - Pakistan l iconorric Colr idor: Havelian - - l 'hakot Section ( 120 Km

l l

stages.

IB.3 Eligible Goods and Services

3.1

TB.4

a a

4 .1

All Goods & ancillary Services to be supplied under this Contp4c t(lhave theirorigin in el igible countries as per Appendix'A'to Instru(f,)\ \ h\ j2'r and al lcxpenditures made under the Contract wil l be I imite;Llqf*\"dp5ervices.

For purpose of this Clause, "origin" meanAth({ fq-\"'er}td Goods are mined,grown or produced or l'rom where th-3\\a\$,I/c6 are supplied. Goods areproduced when, through mgAu(6\u1\)lYrring or substantial and rnajorassembling of compongqts, \ X\ q{reLially recognized product results that issubstantially diffbrflg\ (Uas\ "ro)hdacteristics or in purpose or utility fi'om itscomponenrsr{(

C) U ''2

The origin "\RNr/O

Services is distinct from the nationality of the Bidder.\)

IB.5

5 .1

\ pt t\/- - -"" " 'b

e\Jially recognized product results that is

Cost of Bidding

'fhe Bidder shall bear all costs associated with the preparation and sr"rbmission of its

Bid and the Employer wil l in no case be responsible or l iable for those costs,regardless of the conduct or outcome of the Bidding process.

(B) BIDDING DOCUMENTS

Contents of Bidding Documenfs

In additiorr to Invitation for Bids, the Bidding Documents are those stated below, andshould be read in coniunction with anv Addenda issued in accordance with Clar.rseI8 ,7 .

L Instructions to Bidders (lTB) with Appendices to ITB

2. Letter of Technical Bid & Schedules to Bid

Schedules to Bid are the fol lorving:

(i) Schedule A; Specif ic Works data

(ii) Schedule B: Proposed Organization for the Project

( i i i ) Schedule C: Method of Performing Works

(iv) Schedule D: Proposed Programme of Works

(v) Schedule E: Work to be Performed by Subcontractors

(vi) Schedule F: Deviations from Technical Provisions (such asEmployer's Requirement) & Contractual Provisions in COCPart-ll etc.

(vii) Schedule G:Specific Operation/Plant and Equipment Details

(vi i i ) Schedule H: JV Agreement

(ix) Schedule I: Past Perl 'ormance and Present Commitnrents

(x) Schedule J: Integrity Pact

3. Letter of Price Bid & Schedules to Bid

Construction of China - Pakistan Economic Corridor: I-lavelian - Thakot Section (120 Km)<\

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Schedules to Bid are the fol lowing;

(i) Schedule K: Estirnated Progress Payments

(i i) Schedule L: Lunrp Sum Cost Breakup for Major Cost Items

(i i i)Schedule M: Detai l of Expenditure (Foreign currency component)

( iv)Schedule of Prices, Schedule of Payments (Section V) and ' l 'able ofAdjustment

4. Special Stipulations

5. General Condit ions of Contract (GCC)

6. Part icular Condit ions of Contract (PCC)

7. The Employer's Requirement

8. Standard Forms

Forms include the fol lowing:

(i) Form of Bid Security

(ii) Fonn of Contract Agreenrent

(iii) Form of Performance Security

(iv) Form of Bank Guarantee for Advance Payment

9. Speoif ications including Special Provisions and Supplementary Specif icationsfrom SS-l to SS-29, These provisions are not payable separately but its costsare deenred to be irrcluded in the overheads provision of total contract pricequoted by the bidder.

5,2 ' l 'he

Bidders are expected to examine careful ly the contents of al l the abovedocuments, Failure to cornply with the requirements of Bid submission wil l be at theBidders own risk. Pursuant to Clause IB.Z4, Bids which are not substantiallyresponsive to the requirements of the Bidding Documents wil l be rejected.

IB.6 Clarif ication of Bidding Documents

6.1 A Bidder requir ing any clarif ication(s) in respect of the Bidding Documents nraynotify the Ernployer in writ ing, through email or by fax at the address as providedunder " lnvitat ion for Bids", Employer wil l exarnine the request for clari f ication of theBidding Docunrents which it receives not later than two days before the Pre-BidMeeting and if needed wil l issue the clarif ication/amendment of the BiddingDocurnents to al l the prequali f ied bidders and wil l upload the same on NHA websitewrvu,.nha.gov.pk before the date of submission of bids, I t is expected that bidders wil lthoroughly study the bidding documents and come up with al l their points / non-clarities etc, maximum upto pre,bid rneeting stage.

Employer's Address: General Manager (P&CA), NHA28-Mauve Area, G-9/1, Islamabad, Pakistan.Plrone: +92-51 -9032727. Fax: +92-5 1 -9260419Ernai I : gmpca.nha@grnail .com tr*R

i("L1,Construction of'China - Pakistan Ilcononric Corridor: I Iavelian - ' fhakot

Section { 120 Krn)

7 .1

7.2

a at . )

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IB.7 Amendment of I l idding Documents

At any t ime prior to the deadline for submission of bids, the Employer may, for anyreason, whether at his own initiative or in response to a clarification requested by aprospective Bidder, modify the Bidding Documents by issuing addendum.

Any addendum thus issued shall be part of the Bidding Documents pursuant to Sub-Clause 7.1 hereof, and shall be communicated by uploading the same on the website,communicated in writ ing to prospective bidders. Prospective Bidders shallacknowledge receipt of each addendurn in writ ing to the Employer. The Bidder shallalso confirrn in the Form of Bid that the inforrnation contained in such addenda havebeen considered in preparing his Bid,

To afford prospective Bidders reasonable time in whichaccount in preparing their Bids, the Employer may atdeadline for submission of Bids in accordance with Clause

to take an addendumits discret ion extend

(C) PREPARATION OF BIDS

IB.8 Language of Bid

8.1 The Bid prepared by the Bidder and al l correspondence and documents relatingto theBid, exchanged by the Bidder and the Ernployer shall be written in the Englishlanguage, provided that any printed l i teraturre furrr ished by the Bidder may be rvri t tenin another larrguage so long as accompanied by an Errgl isl i translation of i ts pert inentpassages in which ease, for purposes of interpretation of the Bid, the Englishtranslation shall govern. ' fhe information / documents in non-English languagewitlrout authentic translation and notarization shall not be considered for evaluation.

IB,9 Documents Comprising the Bid

9 . 1 T h e

(a)

(b)

(c)

(d)

(e)

(0(e)

(h)

Bid prepared by the Bidder shall comprise the fol lowirrg components:

Covering Letter

Let ters of B ids dulyIB . l 7 .

Schedules (A to M)instru0tions contained

f i l led, s igned and sealed, accordance Clar"rse

accordance the

I and IB . l 2

and IB

to Bid duly f i t led andtherein.

Schedule of Prices completed in accordance with Clausesseparate sealed envelope.

Bid Security furnished in accordance with Clause

Power of Attorney in accordance witlr Clause IB

Joint Venture Agreement, a foreign Bidder is entit led to bid only in a jointventure with a Pakistani constructor(s) in accordance rvith the provisionS ofrelevant PEC bye-larvs.

Documentary evidence establ ished in accordance with Clause IB, l3 that theBidder is el ig ible to Bid and is qual i f ied to perlornr the Contract i f i ts Bid isaccepted (past performance and present commitments to be l' i l led in as perschedu le I to B id ) .

of Pa*

Construction of'China - Pakistan Economic Corridor: Havelian - "l 'hakot Section (120 Km)

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( i) Documentary evidence established in accordance with Clause I l l . l4 that thePlant and ancil lary Services to be supplied by the Bidder are el igible Plant andServices and conform to the Bidding Documents.

c) Bidders applying for el igibi l i ty for domeq! n bid evaluation shallsupply al l infornration & qW claim for domesticpreference required to satisfy 6s described in Clar"rseIB.Z7. The particulars for in Appendix C to theseInstructions shall alsopreference.

Any other docunrents prescribed in Particular Conditions of Contract orTechnical Provisions to be submitted with the Bid such as compliance withchecklist attached with Invitat ion to Bid.

The bidders are required to subrnit the tentative construction plan for all three(03) sections and commencing work simultaneously on al l sections withindependent resource management, camp offices, surveys and detailed designwork. The design team of the bidder needs to be part icularly highlighted. Thedeliverables for the desisn work in each section to be assessed and dealt withaccordingly.

l'he bidders are required to submit methodology to be adopted for overallquali ty control by bidderwith reference to specif ication and standards given inE,nrployer's requirenrent, traffic management and work safety plans.

I8.10 Letters of Bids and Schedules

l0.l The I l idder shall complete, sign and seal the Letters of Bids, Schedules (A to M, or asrnodif ied) to Bid and Schedule of Prices furnished in the Bidding Documents andshall also enclose other information as detai led in Clause IB.9.

(k)

( t )

components from rvithirr Pakibid price of the products o

ate clairn for domestic

least 20Yo of the ex-factorvGoods for which labour. rar.v

(nr)

10,2 For the purpose of granting a margin of domestic preference;fysuant to Clause lB.27 ,the Employer will classify the Bids, when submitted in on( o*'yee groups as followssubject to change, if any, as per policy of the FederuK\r\V) applicable on thedate of b id opening

(a) Group 'A' Bid. (i) For Goods f(\\ Q D/5ur, raw materials andIIItIIITI

materials and conrponents istan account for over 20Yo and upto 30oh ol'the ex-fact the products offered (ii i) Iror Goods forwlrich labour, raw ponents frorn within Pakistan account forover 30o/o of the ( <a \d\ \bid ce of tlie products offered;

(b) Group 'B ' manufactured Pakistan for which the dornesticthan 20%o of the ex-factory bidufacturing cost is

. For Goods of foreign origin.rrg their bids, the Bidders. whether local or foreign. shall enter in thc

le of Prices, ex-factory price for indigenously manufactured productsCIF price as well as customs duty and sales tax and other inrport charges

for products to be imported from outside Pakistari,

valuepr|9A

Constluctiorr of China - Pakistan Ilcononric Corridor: I lavelian - -lhakot Section ( 120 Km)

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IB.l l Bid Prices

l l . l The Bidder shall f i l l up the Schedule of Prices attached to these documents under the

Contract. Prices on the Schedule of Prices shall be entered keeping in view the

instructions contained in the Preamble to the Schedule of Prices.

I .Z The Bidder shall f i l l in amount for al l i terns of the Works described in the Schedule ofprices. Itenrs against which no rate or price is entered by a Bidder wil l not be paid for

by the Enrployer when executed and shall be deemed covered by rates and prices for

other i tems in the Schedule of Prices'

I I .3 The B idder's breakup of price components in accordance with Sub-Clause I I . I above

wil l be solely forthe purpose of faci l i tat ing the comparison of Bids by the Employer

and will not in any way limit its right to contract on any of the terms offered.

I 1,4 Unless othenvise stipulated in the Conditions of Contract, prices quoted by the Ilidder

shall remairr fixed during the Bidder's performance of the Contract and not subject to

variation on any account. When the Bidders are required to quote only fixed price(s),

a Bid submifted with an adjustable price quotation wil l be treated as non-responsive,

pursuant to Clause 18.24.

l l .5 Any cl iscourrt offered sftal l be valid for at least the period of val idity of the Bid' A

<liscount valicl for lesser period shall be considered null and void.

I8.12 Currencies of Bid

lZ,l 'the prices shall be quoted by the bidder entirely in Pak rupees. A bidder _expecting to

ilcui expenditures in other currencies for inputs to the Works sr"rpplied from outside

the Epployer's country (referred to as the "Foreign Currency Iteqtrirernents") shall

indicate the same in Sthedule M to Bid. The proporl ion of the bid Price (excludingprovisional Sums) needed by Bidder for tlie payment of such foreign cllrrency

Requirement, shall indicate the respective port ions in his bid'

lZ.2 ' l"he rate of exchange to be used by the bidder for currency conversion shall be the'fl'&OD Selling Rates published or ar"rthorized by the State Bank of Pakistan

prevail ing on the date28 days prior to the deadline fol submission of bids.

lZ.3 The currencies of payrnent shall be Pak Rupees btrt the bidder has to indicate his

requirement of foreign exchange currency requirement in Schedule M to Bid so as to

compensate for materiallplant to be imported'

II]. 1 3 f)ocuments Establishing Bidder's Eligibility and Qualifications

I 13.1 pursuant to Clause I8.9, the Bidder shall furnish, as part of i ts Bid, docunrents

I establishipg the Biclder's el igibi l i ty to Bid and its quali f ications to perform the

Contract i f i ts Bid is accepted.

13.2 - i ' [e cJocumentary evicJence of the I] idder's el igibi l i ty to I l id shall establish to the

Employer's satisfaction that the Bidder, at the tinre of submission of its llid is from an

eligible source country as defined under Clause IB'2'

13.3 The documentary evidence of the Bidder's qualifications to perform the Contract if its

Bid is accepted, shall establish to the Employer's satisfaction:

IIIIII

- that the Bidder hasthe Contract.

the financial and technical capability neoessary to perform

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Construction o{ 'China -- Pal<istan I ' lcorromic Corl idor: I- lavel ian - -fhakot Section (120 I(m)

(b)

(c)

(d)

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l 6

13.4 (a) Bidder nrust possess and provide evidence of the fol lowing experience:

i. The prequalification data / documents / clarifications provided earlierby the PQ Applicants needs to be re-submitted with ar-rthentication /notarization from the respective Embassies in Pakistan or their ya _appropriate offices through Pakistan Mission or from the foreignoffices of applicants in the country of origin duly counter attested byEmbassy o1'Pakistan

ii. Design capacity of bidder / JV partner, to undertake the project i.e.experience of designing of highways and bridges. Bio Data ofproposed professional must be attached such as Bridge DesignE,ngineer, I-lighway Design Engineer, Quarrtity Surveyor, QualityControl / Material Engineer, Chief Surveyor, etc.

Documentation regarding the Bidder's experience on previous similarcontracts must acconlpany with each Bid.

Bidder shall also subrnit proof of their f inancial capabil i ty to undertal<e theContract.

In the event that the successful Bidder is a joint venture formed of two or nrorecompanies, the Ernployer requires that the parties to the joint venture acceptjoint and several l iabi l i t ies for al l obl igations under the Contract.

Bidders shall furnish documentary evidence of qr"ral i f ication on the f iornr"Evidence of Bidder's Capabil i ty" (Appendix B to these Instrr"rct ions).

(b) The Bidder should have an Average Annual Turnover and Cash Flow in theIast three years equal to or more than minirnum threshold mentioned in I8.26.Audit Reports / Financial Statement for the last three (03) years must beprovided with the documents, Line of Credit should be project specific andvalid for minimupr one year from the date of bid opening.

13.5 Joinf Venture

In order for a Joint Venture to quali fy:

(a) At least one of the p{gffif qill;fill] fll/pfrD|lsBll satisfy the relevantcx pc r i e n ce c r i te r i a s pe c i fi[N\Y,{ lJ dl;JlIlLfLlS.J t?l ; I.? 115 i n a bo ve.

All f irms cornprising the joint venture shall be legally constituted and shallmeet the el igibi l i ty requirement of Sub-Clause 2.1 hereof,

All parlners of the joint venture shall at al l t irnes and under al l circumstancesbe l iable joint ly and several ly to Employer for the execution of the entireContract in accordance with the Contract terrns and conditions and a statementto this effect shall be included in the authorization mentioned under para (f)belorv as well as in the Form of Bid and Form of Contract Agreement (in caseof a successful Bidder).'fhe

Form of Bid, and in the case of successful Bidder, the Fonn of ContractAgreement, shall be signed so as to be legally birrding on ai l partners.

One ol ' the joint venture paftners shall be nominated as being in-charge andthis authorization shall be evidenced by submitt ing a power of attorney signedby legally authorized signatories of al l the joint venture parlners.

Construction of Clrina - Palcistan Economic Corridor: Havelian - Thakot Section (120 Krn)

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( i i )

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(0 ' fhe partner-in-charge slral l be authorized to incur I iabi l i t ies, receive paymentsand receive instructions for and on behalf of any or al l partners of the jointventure.

A copy of the agreement entered into by the joint venture partners shall besubrnitted with the Bid stating the condit ions under which it wil l function, i tsperiod of duration, the persons authorized to represent and obligate it arrdwhich persons wil l be directly responsible for due performance of the Conlractand can give valid receipts on behalf of the joint venture, the proportionateparticipation of the several firms forming the joint venture, and any otherinformation necessary to permit a full appraisal of its functioning. Noaniendments / modifications whatsoever in the joint venture agreement shallbe agreed to between the joint venture partners without prior written consentof the Employer (Refer Schedule -FI).

13.6 The Bidder shall propose, inmore than three (3) Manufact

A sul'ficienti l lust rat ionsclearly thedimensionsfurnished.

diagranrs, photographs, eatalogues,ation as are necessary to illustrate

istics such as general constructioninformation about the Plant to be

equipmentrisdict ion

or goods of notwi l l evalr"rate the

plant, eqr.r ipment or goods of Manu facturers.

I8.14 f)ocuments Bstablishing Plant's Eligibi l i ty and Confbrmity to I l iddingDocuments

14.l Pursuant to Clause I8.9, the Bidder shall furnish, as part of i ts ff idocumentsestablishing the eligibility and conformity to the Bidding Docunrent/ 4f ll flant andServices which Bidder proposes to perform under the Contract.

\714.2 The documentary evidence of the Plant and Services eligibiliryft]] /)ablish to the

Employer's satisfaction that they wil l have their origin in an el ig\ -y'rce

country as-v^ ,defined under Clause IB,3. A cert i f icate of origin issued att l l /^) ' ldf shiprnent wil lsatisfy the requirenrents of the said Clause.

14,3 l -he docunrentary evidence of the Plant arrd Services' i ty to the Biddingl)ocuments may be in the form of literature, drawings an( * y'd shall furnish:

(a) A detailed description of the Plant. essenfi t"\Iical and perfornrancecharacteristics. / a O"

(b) Complete set of technical information,^-.L)/tion data, literature anddrawings as required in accordance with(Nl. A to Bid, Specif ic WorksData. Drawirrgs and data subrnitted must be\,/sufficient detail and clarity topennit the lSrnployer to verify compliT-<qt/ f t the provisions of the BiddingDocuments. This r,vi l l include but not@'- /edto the fol lowing:

nurrber of dand such

t .

The approximate ( 9z/J"d dimension of the main components, abrief descript ion of t \ f incipal materials and fabrication processes tobe used and recqgrmenMd methods of assembly.

significant /)dRand other{il$nt

Construction ol'China - , 'r( Olnornic Corriclor: [-lavelian -' l 'hakot Section ( 120 l(rrr)

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(c) A clause-by-clause commentary on Technical Provisions, provided with theBidding Documents, demonstrating the Plant's and Service's substantialresponsiveness to those Specifications or a statement of deviations andexceptions to the provisions of the Technical Provisions as required inSchedule F to Bid.

14.4 Iror purpose of the commentary to be furnished pursuant to Sub-Clause 14.3(c) above,the Bidder shall note that standards for workmanship, material and equipment, andreferences to brand nanles or catalogue num designated by the Employer in theTechnical Provisions are intended to ive only and not restr ict ive. TlreBidder rnay substitute alternative mes and/or catalogue numbers inits Bid. provided thar i t the Emolover satisfaction that the

nt or superior to those designated in thestandards proposed by the Bidder other than those

I8.15 Bid Security

l5. l Each Bidder shall furnish, as part of his Bid, a Bid Security of an arnount not less thanRs- 375 Mil l ion in Pak Rupees or an equivalent amourrt in any freely converl ibleclrrrency. In case of joint venture, bid security shall be subrnitted wit l , nanre ofproposed . lV accordingly.

15.2 ' l-he Bid Security shall be, at the option of the Bidder, in the fornr o1'a Banl<

Guarantee issued by a Scheduled Bank in Pakistan or fi'om a foreign banl< dulycounter-guaranteed by a Scheduled Bank in Pal<istan valid for a period fwcnfy eight(28) days beyond the bid validify date.

r 15,3 The Bid Security is required to protect the Employer against the r isk of Bidder's

t conduct which would warrant the security's forfeiture, pursuant to Sub-Clause 15.7hereof.

15.4 Arry Bid not acconrpanied by an acceptable Bid Security shall be considered by theErnployer as non-responsive, pursuant to Clause 18.24.

15.5 - l-he Bid securit ies of unsuccessful Bidders wil l be returned upon award o1'contract to

the successftr l Bidder or on the expiry of val idity of Bid Security whichever is earl ier.

15.6 The Bid Security of the successful Bidder wil l be returned when the Bidder hasfurnished the required Performance Security, pursuant to Clause I8.34 and signed theContract Agreement, pursuant to Clause I8.35.

15.7 The Bid Security may be forfeited:

(a) i f a Bidder withdraws his Bid during the period of Bid val idity;

(b) i f a Bidder does not accept the correction of his Bid Price, pursuant to Sub-Clause 24,2 hereof: or

(c) in the case of a successful Bidder, i f he fai ls to:

( i) lhrrr ish the required Perfornrance Security in accordance with ClauseI8.34. or

(i i) sign the Contract Agreement, in accordance with Clause I8.35.

ocuments shall be furnished.

I

Construction of China - Pakistan Economic Corriclor: I-lavelian - "fhakot Section (120 I(m)

IItTTIIIIIttTtIIITII

t 9

IB.l6 Validify of Bids

16.1 Bids shall remain valid for 180 days after the date of Bid opening as prescribed inClause I I l . l 9 .

16.2 ln exceptional circumstances prior to expiry o1' original Bid val idity period, theEmployer may request the Bidders to extend the period of validity for a specifiedaddit ional period which shall in no case be more than the original Bid val idity period.' The request and the responses thereto shall be made in writing. A Bidder may refusethe request without forfeiture of his Bid Security. A Bidder agreeing to the requestwil l be required to extend the validity of his Bid Security for the period of theextension. and in compliance with Clause IB.l5 in al l respects.

IB. l7 Format and Signing of B id

l7.l Bidders are parl icr"r larly directed that the amount entered on the Fornr of Bid shall befor perfornring the Contract str ict ly in accordance with the Bidding Documents.

17.2 All Schedules to Bid (A to M) are to be properly conipleted and signed.

17.3 No alteration is to be made in the Form of Bid nor in the Schedules thereto except infilling up the blanks as directed. If any alteration be made or if these instructions benot fully complied with, the Bid rnay be rejected,

17.4 Each Bidder shall prepare one (01) Original and trvo (02) Copies, of the documentscomprising the bid as described in Clause IB.9 and clearly mark therr ' .ORIGINAL"

and 'COPY" as appropriate . In the event ol 'discrepancy between them. the originalshall prevail . In addit iot ' t , sol ' t copy of the bidding docunrent complete in al l respect isalso to be provided in CDs.

17.5 l 'he origirral and al l copies of the Bid shall be typed or writ ten in indelible ink andshall be sigrred and stamped by a person or persons duly authorized to sign (in thecase of copies, Photostats are also acceptable). This shall be irrdicated by subrnittinga written Power of Attorney authorizing the signatory of the Bidder to act forand on belialf of the Bidder. Al l pages of the Bid and Sohedules to Bid shall beinitialed and stamped by the person or persons signing the Bid. Each page ofdocuments nrust be signed and stamped by legally authorized representative of the firrn /.lV. For the said purpose, Power of Attorney shall be on judicial stamp paper with originalsignatures (scanned and electronio signatures would not be acceptable),

r Conrplete signatures, initials and other personal details of the attorney should beprovided on Power of Attorney.

. Principal (issLring authority of por,ver o1'attorney) shall provide the legal documentsestablishing his authority to sign power of attorney orr behalf of cornpany / JV.

o Documetrts not duly signed and stamped shall not be consideled for evaluation

, putpose,

/ . Power of Attorney shall be authenticated from the foreign offices of applicantsl. in the country of origin duly counter attested by Ernbassy of Pakistan

The Bid shall contain no alterations, omissions or addit ions, except to comply withinstructions issued by the Ernployer, or as are necessary to correct errors made by theBidder, in which case such corrections shall be init ialed by the person or personssigrr ing the Bid.

I / . 0

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Constt'uction oI China -- Pakistan Econornic Colriclor': I- lavelian - lhakot Section ( I20 I(nr)

20/rIIIIItIIItITIIIIIII

17.7 Bidders shall indicate in the space provided in the Form ol 'Bid their ful l and properaddresses at which notices may be tegally served on thern and to r,vhich allcorrespondence in connection with their Bids and the Contract is to be sent.

17.8 Bidders should retain a copy of the Bidding Documents as their f i le copy.

(D) SUBMTSSTON OF rlrDs

IB. l8 Seal ing and Mark ing of B ids

I 8 . I t lach Bidder shal l subrr r i t h is Bid as under :

(a) ORIGINAL and two COPIES of the original Teohnical Bid and Price Bid sl ial lbe separately sealed and put in separate envelopes and rnarked as such.

(b) I 'he envelopes containing the ORIGINAL and COPY of both Technioal Bidsand Price Bids wil l be put in one sealed envelope and addressed/identif ied asgiven in Sub-Clause 18.2 hereof,

(c) In case the bidder want to submit a completely new alternative as per I-fB 4lr.vith his o'"vn design approaclr and orvn field collected data, he may subnrit aseparate sealed envelope containing ' l 'echnical

and Financial Proposals (threecopics) 1'or consideration of the Employer.

lB.2 The inner and outer envelopes shal l ;

(a) be addressed to the Enrployer at the address given in Sub-Clause 6.Ihereto fore.

(b) bear the Project name, Contract No. and Date of opening of Bid.

(c) provide a warning not to open before the time and date for Bid opening.

18.3 The Bid shall be delivered in person by authorized representative at the address toEmployer as mentioned in relevant clause of this document.

18.4 Irr addit iorr to the identifrcation required in SLrb-Clause 18.2 hereof, the inner envelopeshall indicate the name and address of the Bidder to enable thc Bid to be returnedrunopened in case it is declared "olate" pursuant to Clause 18.20.

18.5 II the outer envelope is not sealed and rnarked as above, the Employer wil l assume noresponsibi l i ty for the misplacenrent or premature opening of the Bid.

IB.l9 Deadline for Submission of Bids

19.1 (a) Bid wil l be submitted by a person duly authorized to submit i t , having awritten power of attorney. Bids must be received by the Ernployer at thefotlor,ving address on I 0'r' July-20 I s.uFito'1100.:hours:

Employer's Address: NIJA Auditorium. Flead Quarter,2&-Mauve AreaG-9 I l, I slanrabad, Pakistan.

(b) Upon request, acknowledgment of receipt of Bids rvi l l be provided to thosemakirrg delivery in person.

19.2 Bids subnrit ted t l irough telegraph, telex, fax or e-mail shall not be considered.

Clonstluct ion of China - Pakistan Economic Colr iclor: Flavel ian - ' fhakot Scction (120 l(nr)

IIIIIIIt

19.3 ' fhe

I inrployer may, at his discretion, extend the deadline for submission of Bids byissuing an addendum in accordance with Clause I8.7, in which case al l r ights andobligations of the l lmployer and the Bidders previously subject to the originaldeadline wil l thereafter be subiect to the deadline as extended.

I8.20 Late

20.1 (a)

(b)

22,3

Bids

Any Bid received by the Employer after the dead l ine for submission of Bidsprescribed in Clause I8.19 wil l be returned unopened to such Bidder,

Delays of person in transit, or delivery of a Bid to the wrong office shall notbe accepted as an excuse for failure to deliver a Bid at the proper place andtime. It shall be the Bidder's responsibi l i ty to deterrnine the manner in whichtimely delivery of his Bid r.vi l l be accomplished in person,

III

llIrllIrIt

I

I I ] .21 Modif ication, Substitut ion and Withdrarval of Bids

21.1 Any Bidder may modify, substitute or withdraw his Bid after Bid submissionprovided that modification, substitution or written notice of the withdrawal is receivedby the Employer prior to the deadline for submission of Bids.

21.2 The modif ication, substitut ion or withdrawal of any Bid shall be prepared, sealed,

I marked and delivered in accordance with the provisions of Clause IB,l8 r,r, i th thet outer and inner envelopes addit ionally marlced "MODIFICATION",

" S [J I] Sl-lTLJTl ON" or " WITFII)RA WAL", as appropriate,

I 21.3 Withclrawal of a Bid during the interval between the deadtine for submission ol 'Bidsr and the expiration of the period of Bid val idity specif ied in the lrorm of Bid nray

result irr forfeiture of the Bid Securitv pursuant to Clause IB.15.

(B) BID OPENING AND EVALUATION

1B.22 Bid Opening

22,1 A committee consist ing of nonrinated members by the Ernployer wil l open the Bids,irrcluding withdrawals, substitut ion and rnodif ications nrade pursuant to Clause 18.21,in t lre presence of Bidders'representatives who choose to attend, atthe t ime, date andlocation stipulated in the relevant clause of this document. Technical Bids wil l beopened f irst, At the end of the evaluation of the

' fechnical Bids. the Ernployer lvi l l

invite Bidders who have subrri t ted substantial ly responsive'fechnical Uids and rvhohave been determined as being quali f ied to atterrd openirrg of the Price Bids.

The Bidclers' representatives who are presentattendance.

a register evidencing

22.2 Envelopes marked "MODIFICATION", "SUBSTITUTION" or "WITHDRAWAL"shall be opened and read out first and the nanre of the Bidder shall be read out, Bidsfor which an acceptable notice of withdrawal has been submitted pursuant to ClauseIB,2 l shal l not be opened.

The Bidder's name, Bid Prices, unit rates, any discount offered, Bid modif ications,substitut ions and withdrawals, the presence or absence of Bid Security, and such otherdetaits as the limployer at its discretion may consider appropriate, will be announcedby the l irnployer at the Bid opening. The Employer wil l record minutes of Bidopening.

ConStruction of China - Pakistan Economic Colridor: Havelian - Thakot Section (120 I(m)

22IItIIIlIIIIIIIIIIIII

Any Bid Price or discount which is not read out and recorded at Bid opening wil l notbe taken into account in the evaluation of Bid. Any discount offered by the Bidder onits quoted prices, shall only be considered if such discount is either shown on the dulyfilled-irr, signed and stamped Fornr of Bid/Letter of price bid or on the Summary Pageof the quoted amount fbr Lumpsum contract/bi l l of quantit ies as applicable. In case ofany discrepancy or difference in the rate or amount of discount mentioned in the Forrnof Bid/l .etter of price bid (as duly f i l led-in and signed), and on the Summary Page ofthe Schedule of Prices, the discount shown on the Schedule of Prices shall prevail .Discount, i f of l 'ered. through a separate letter of discount submitted with the Bid, wil lnot be entertained and shall be considered null & void."

22.4 Discounts offered for lesser period than the Bid val idity shall not be considered inevaluation.

22.5 The alternative offer, i f submitted by bidder as per IB 18.1(c), this wil l be openedonly in case of lowest evaluated bidder in the l ight of provisions in IB 41.

II] .23 Clarif ication of Bids

23.1 To assist in the examination, evah.ration and comparison of Bids, the Enrployer may,at i ts discretion, ask the Bidder for a clarif ication of i ts Bid. l 'he request forclarif ication and the response shall be in writ ing and no change in the price orsubstance of the Bid shall be sought, offered or permitted.

18.24 Prel iminary Examination & Determination of Responsiveness of Bids

24,1 Prior to detai led evaluation pursuant to Clause 18.26, the Enrployer wil l deternrine theresponsiveness of the Bids as fol lows:

(a) If al l data as per Checl<l ist attached to Irrvitat ion to Bidders have beenprovided? If not, what is left out and why?

(b) the Ernployer wil l examine the I l ids to determine whether;

( i) the Bid is complete and does not deviate { iom the scope,(i i) any computational errors have been made,(i i i ) required sureties have been furnished,(iv) the documents have been properly signed,(v) the Bid is val id t i l l required period,(vi) the Bid prices are firm during clrrrency of contract if it is a fixed price

bid.(vi i) completion period offered is within specif ied l imits,(vi i i ) the I l idder is el igible to Bid and possesses the requisite experience,(ix) the Bid does not deviate from basic technical requirements; and(x) the Bids are general ly in order and dully f i l led in K. L & M

corl lponents as per IB-9,(xi) ' l -he checklist needs to be complied with and checked to ensure ful l

submission of documents.

{b) A bid is likely not to lre considered, i1';'

( i) i t is unsigned,(i i) i ts val idity is less than specif ied,( i i i ) i t is subrnitted for incorlplete scope of worl<,( iv) i t indicates completion period later than specif ied,

Construction o l 'China - l)akistan Llconornic Corridor': I l avelian - ' l-hakot Section ( 1 20 l(nr)

L J

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(v) i t indicates that Works and materials to be supplied do not meetel igibi I i ty requirements,

(vi) it indicates that Bid prices do not include the amount of income tax,ano

(vi i) Alteration in Form of Bid as per I8.17.3.

(c) A bid r.vi l l not be considered, i f ;

(i) it is not accompanied with bid security,( i i) i t is submitted by a Bidder who has part icipated in more than one Bid,( i i i ) i t is received after the deadline for subnrission of Bids,( iv) i t is submitted through fax, telex, telegram or enrai l ,(v) i t indicates that prices quoted are not f irm during clrfrency of the

contract whereas the Bidders are required to quote fixed price(s),(vi) the Bidder refuses to accept arithmetic correction,(vii) it is materially and substantially different from the Conditions/

Specif ications of the Bidding Documents depending on the nraterialdeviations made.

It is a{ler review and determination of the responsivencss as per above that furtheraction on technical evaluation wil l be taken.

24.2 Arithrnetical errors wil l be recti f ied on the fol lowing basis:

If there is a discrepancy between the unit price and total price that is obtained byrnult iplying the Lrnit price and cluantity. the urri t price shall prevail and t lre total priceshall be corrected, I l ' there is a discrepancy betweerr the words arrd f igures the amountin words shall prevail . I1'there is a discrepancy between the total Bid price entered inForm of Price I l id and the total shown in Schedule of Prices Sumnrary, the amountstated in the F-orm of Price Bid will be corrected by the Employer in accordance withthe Corrected Schedule of Prices.

If the Bidder does not accept the corrected amount ol 'Bid, his Bid wil l be rejected andhis Bid Security forfeited,

24,3 Prior to the detai led evaluation, pursuant to Clause IB.26 the Ernployer wil l detenlinethe substantial responsiveness of each Bid to the Bidding Documents. For purpose ofthese Clauses, a substantial ly responsive Bid is one which conforms to al l the tertnsand condit ions of the Bidding Documents rvithout nraterial deviations.

A material deviation or reservation is one:

(i) which affect in any substantial way the scope, quality or performarrce of theWorks;

(i i) which l irnits in any substantial way, inconsistent with the Bidding Documents,the Employer's r ights or the Bidder's obligations under the Contract; or

( i i i ) whose recti f ication/adoption would affect r-rnfair ly the competit ive posit ion ofother Bidders presenting substantial ly responsive Bids.

' fhe Enrployer's detenlination of a Bid responsiveness rvi l l be based on the contentsol ' the Bid i tself without recourse to irrelevant evidence .

24,4 A Bid deterrrr ined as substantial ly rron-responsive wil l be rejectecl and wil l notsubsequently be made responsive by the Bidder by correction of the non-conformity.

IIIIIIIIIIII

Construction of China- Pakistan Economic Corridor: I{avelian --lhakot Section (i20 Km)

24IITItIIIItIIttTIItII

24.5 Any minor infonnali ty or non-conforrnity or irregularity in a Bid r.vhich does notconstitute a rnaterial deviation may be waived by Enrployer, as long as the rvaiverdoes not prejudice or affect the relative ranking of any Bidder.

II l .25 Convcrsion to Single Currency

25.1 -fo faci l i tate evaluation and

expressed in the amounts inRupees at the telegr'gpp.\exchange rare pu[\fl(p\Y{ ftsi nr i Iar trunru.iio{\.\\t b U,

compansoll,thevarious c

i l l conver t a l l B id Pr ices,Price is quoted, to PakOD) cornposite sel l ing

nk of Pakistan and appl icable toT

i d open ing .

I8.26 Detai led Evaluation of Bids

26,1 Only the Bids previously determined to be substantial ly responsive pursuant to ClauseI8.24 wil l be evaluated and compared in detai l by the Employer as per thercquirements given hereunder:

26.2 Evaluation and Cornparison of Bids

(a) Bids will be evaluated for each item and / or for conrplete scope of worl<.(b) Basis of Price Comparison

The prices will be compared on the basis of the Evaluated Bid Price pursuantto Para (e) herein below.

(c) Technical Evaluation

(i) I t wil l be examined in detai l r,vhether the bid comply u,i th theTechrrical Provisions of the Bidding Documents. I ior this purpose,design ol ' fered by the Bidder wil l be reviewed for which the Bidder'sdata subrnitted with the Bid under Schedule A to Bid (Specif ic WorksData) will be compared with the technical features/criteria prescribedby the Employer in these documents. Other technical informationsubmitted with the Bid regarding the Scope of Work wil l also bereviewed including importation, i f any, required.

(i i) The Criteria for technical bid evaluation is summari ly described asI'ollou,s:

Sr.# Descript ion Marl<sAllocated

( i ) Prel inrirrary Desigrr forrning basis of the bid (tobe subnrined wirh bid)

20

( i i ) Worl< plan and cash florv aspects rvith details o1'nrachinery avai lable and/or intended to bepurchased to see adequacy of the arrangenlentsmade.

t5

( i i i ) Work methodology and construction plan toensure completion of works within stipulatedtime. If the bidder has planned to start work onall three scctions simultaneously? [{ow it isval idated in i ts technical pronosal,

25

( iv ) Oual i tv control and assLlranae mechanism t5

Clons t ruc t ion o l 'C lh ina- 'Pak is tan Econonr icCo l r idor : I - r lave l ian- ' fhakotSect io r r (120 I (m)

25

ttItIIIIIIIIIt

proposed by the bidder(v) Key proposed personnel and desisn teanr setup 15(vi) Presentation on above aspects to clarify and

answer questions raised by evaluators / NFIAteam

l 0

Total r00

The Bidder having achieved 7\Vo marks or nore shall be con.sicJered"Pass" and only such case shall be processed / considered l 'or nextstage i.e, f inancial bids opening.The gelentation on above shall be arranged to clarify any matter oraspect in construction and desigrr services to be provided as per biclunder examination and is intended to seek clarification / answers to thequestions raised by evaluators / client team to re-veriflz / confirm theprovision made.

(i i i ) Tlre cri teria for prequali f ication was given to Chinese Gorrernment ancli t is hoped that sanre has been used to the selection of three (03)nominated contractors. Flowevel the sarne shall be re-verifed atevaluation stage as per fol lowing table:

II

t

Sr.No,

Gencra l Scrccn ing o t 'Tcchn ica l Eva lua t ion o f var iousDa rit nr cl c rs N{ininrunr lhreshokl dcla i ls as per p lo ject typc*

Pas.s/th i l

I Experience

General Experience of the firrri as perschcdule-l

Part icular Experience oi the f irm as perschedule-l

Bidder has conrpletcd at least one ( l) Contracr ofExpressu,ay / Motorway / Major highwal. includingtunnels with a rninintum value of 'Rs. 7l Bi l l ion durirrg the last ten ),ears. Evidence ofassociat ion or engaging reputed and expcriencedconsult ing f irnr/ in-house capacity that hasdesigned and superviscd sinri lar worl< ofIixpressrvay/ Motorway / Major highu,ay (rninimunr120 Km length - approx 40 Knr - 6 lane, 40 l(rn - 4lanc and 40 l(nr - 2 lane) includinl l tunneis(nt ininrurn 5 Krn length dual / 2-l lanes).

I I Compctence

Desigrr capacity as per I I3 l3.a (a) ( i i )

Constnrct ion Schedule / Worknrcthodology / l tesourcc scheduling planas per schedule B. C and l)Avai lable Resources of the f irrn i .c-Iiquipnrent and Matrporver as perschoclulc-G

nr PerfornrancePast perfornrance as per schedule-l

Current work col'nmitments as perschedule-l

I V F inanc ia l

Financial soundness as per IB 13.4(b)a. nvctage Annual lurnover of last 3

.yearsb. Cash Flor,r,( to be deterrtr ined during evaiuation bylbl lou' ing f irnrr"r laCash Flou, = Worl<ing Cnpital - 30% ofCurrent Comnritntelrts t ' Line of Credit).c. Net worthd. Netrvorl<ing Capital

Its. 5.3

Rs . l 2

I l i i l ion

B i l l i o n

I {s . l8 B i l l i onRs. 09 B i l l i on

ffiConstruction ol 'China - Pakistan l lcononric Corridor.: - "fhakot Section ( 120 I(m)

26

(d)

(e)

ItITlIIIIttITtItIII

The notarization was carried out through private resources and now it isintended to have proper notarization / translation carried out by theconcerned foreign offic.e and counter"signed by Pal<istan Embassy thereand sLrbnr i t i t in or ie ina l .

Commercial Evaluation

It wil l be exarnined in detai l whether the Bids cornply with the commercial/contractual conditions o1'the Bidding Documents, It is expected that no rnajordeviation/stipulation shall be taken by the Bidders.

Evaluated Bid Price

In evaluating the Bids, t l ie Errployer wil l determine for each Bid in addit ion tothe Bid Price, the fol lowing factors (adjustrnents) in the rnanner and to theextent indicated belorv to determine the Evaluated Bid Price:

(i) nral<ing any correction for errors pLlrsuant to Sub-Clat;se24,2 hereol'.

( i i ) excluding Provisional Surrrs, i f any, but including priced Day work.

(iii) nral<irig an appropriate adjustment for any other acceptable variation ordeviation.

26.3 EvaluationMethods

Pursuant to Sub-Clause 26.2, Para (e)(iii) following evaluation nrethods for priceadjustments wil l be fol lowed in the f inancial evaluation of EPC Bid Price:

(a) Price Adjustment for Complcteness in Scope of Worl<(b) Price Adjustment for Technical Corlpl iance(c) Price Adjustnrent for Commercial Cornpliance(d) Price Adjustment for Deviations in Ternrs of Paynrent(e) Price Adjustment for Conrpletion Schedule

(i) Price Adjustment for Completeness in Scope of Work

In case of omission in the scope of work of a quoted item, no price adjustmentfor the omitted item(s) shall be applied provided that the Bidder has mentionedin his Bid that the same is covered in any other item.

The price adjustrnerrt shall not justi f ,y any addit ional payment by theErnployer.

'fhe price(s) of ornitted item(s) shall be deemed covered by otherprices of the Schedule of Prices,

(ii) I'}rice Adjustment for Technical Conrpliance'l-he

cost o1' rnal<ing good any deficiency resulting from technical noncompliance wil l be added to the Corrected Total Bid Price for comparisonpurposes only. The adjr"rstments rvill be applied taking the average pricequoted by other Bidders being evaluated in detai l in their original Bids 1orcorresponding itenr. In case of non availabi l i ty of price from other Bidders, theprice lvill be estimated by the Ernployer.

( i i i ) Price Adjustment for Commercial Corrrpl iarroe

The cost of mal<irrg good any deficiency resulting from any quantifiable

Const luc t ion o{ 'Ch ina - - Pak is tan Econonr ic Cor r idor ' : l i avc l ian - ' l -hakot Sec t ion {120 Km)

27

( iv )

ITIITITIIIIITIItTIII

acceptable variat ions and deviations from the Bid Schedules and Condit ions ofContract, as determined by the Employer will be added to the Corrected TotalBid Price for comparison purpose only. Adjustrnent for commercialcompliance r.vi l l be based on Corrected'fotal Bid Prices.

Price Adiustment for Deviation in Terms of Pavment

I1'a Uid deviates fronr the terms of payment condit ions as specif ied inthe Condit ions of Contract a gt ion is considered acceptable tothe llmployer, marl<-upout l ined in the BidContract shall becurrency componenannum and shall bepurposes only.

osenrarl<-up

OR+3% forthe Corrected

payments involved in the termsstipulated in the Condit ions ofrate of LIBOR+I% for foreignlocal currency cornponent perTotal Bid Price for comparison

(v) Price Adjustrrent f,or Completion Schedule

Bids indicating completion in advance of the dates stated in lnstructiorr toBidders. no credit rvi l l be given in this evaluation.

Bids indicating conrpletion period later than the period set out in Instruction toBiclders shall be adjusted in the evaluation by adding a factor of 0.05% of theCorrected fotal l l id Price for each calendar dav of comnletion later thanspecif ied period of the completion.

Bids indicating completion beyond lB0 days latel than the dates set out irrInstruction to Bidders shall not be considered and rejected as non-responsive,

26.4 If the Bid of the successful Bidder is seriously unbalanced in relatiorr to theEmployer's estirnate of the cost of work to be perl'orrned under the Contract, thelJmployer may require the Bidder to produce detai led price analyses for any or al literns of the Schedule of Prices to denronstrate the internal consistency of those priceswith the construction rrethods and scheclule proposed, Alter evaluation of the priceanalS,ses, the l lmployef may recluire that the amount of t lre Performance Security setforth irr Clause IB.34 be increased at the expense of the successful Biddcr to a levelsuff icient to protect the Employer against f inancial loss in t lre event of del 'ault of thesuccessful Bidder under the Contract.

1B.27 . Domestic Preference

27 .1 In the comparison of evaluated Bids, the Goods manufactured in Pakistan,granted a nrargin of preference in accordanoe with the follorving proceduregthe B idder shall have established to the satisfaction of Emoloveinranufacturing cost of such Coods includes a donrestic value addition equal tob"",Ieast20% of the ex-faotory Bid price of such Goods. Bidclers applyit'\r / lncstic

21.2 Thc Erlployer wi l l f i rst revierv the Bids to determine, theaccordance with Sub-Clause 10.2 hereol ' .

payable on raw materials and components incorporated

sif ication in

27.3 'l-he comparison shall be ex-factory price of the Goodsf he \,/red from withinPakistan (such prices to include al l costs as well as cus( \> J and taxes paid or

tr^$#-#

Construction of China - Pakistan l lconomic Corridor: Hav ot Sect ion (120 I (m)

Z d

( i i )

( i i i )

tITTtIIIIIITTtIIIItI

Goods) and the DDP (CIF -1- Custonrs duty, sales tax and other import charges)Pakistarr seaport price ol'the Goods to be ol'fered from outside Pakistan,

27.4 The lowest evaluated Bid of each Group shall first be determined by comparing allevaluated Bids in each Group among themselves taking into account:

(a) In the case of Goods manufactured in Pakistan, sales tax, local body chargesand other similar taxes which wil l be payable on the furnished Goods inPakistan.

(b) In the case of Goods of foreign origin offered fi'om abroad, customs duties,sales tax and other import charges which wil l be payable on furnished Goodsin Pakistan.

(c) In the case of Goods of foreign origin already located in Pakistan. customsduty, sales tax and inrport charges on CIF price as applicable for SLrb-Clause21 .4(b) here above.

27,5 ' l 'he price preference to Group A bids wil l be:

(i) 15% of the ex-factory bid price, if the value addition through indigenousmanufacturing is at least20Yo;

20% of the ex-factory bid price, i f the value addit ion thror-rgh indigenousmanufacturing is over 20Vo and up to 30Yo; and

25o/o of the ex-factory bid price, i f the value addit ion through indigenor"rsmanufacturing is over 30%.

27.6 "[he applicable price preference i,e., as per Sub-Clause 27.5 here above wil l beapplied to Group A Bid by reducing the ex-factory bid price.

27 .7 l 'he cornputation for the purpose of donrestic preference urider Sub-Clause IB 10.2and Clause lB 27 and award of contract shall subject to change, if any, as per policyof the Federal Government as applicable on the date of bid opening.

18.28 Process to be Confidential

28. 1 Subject to Clause 23 heretofore, no Bidder shall contact Ernployer on any nlatterrelating to i ts Bid from the t irrre of the Bid opening to the t ime the Bid evalLrationresult is announced by the Ernployer. The evaluation result shall be announced at leasften (10) days prior to award of Contract,

28,2 Any el ' fort by a Bidder to inf luence Ernployer in the Bid evaluation, Bid cornparisonor Contract Award deoisions may result in the rejection of his Bid. Whereas anyBidder fbel ing aggrieved may lodge a written conrplaint not later than f i f teen (15)days after the announcement o1'the Bid evaluation result, however, mere fact oflodging a complaint shall not warrant suspension of the procurement process.

(F) AWARD OF CONTRACT

1B.29. Post-Qualilication

29,1 The Ernployer, at any stage of the bid evalr.rat ion, lraving credible reasons for or prinralbcie evidence of any defect in supplier 's or contractor' .s capacit ies, l l ray require thesuppliers or contractot 's to provide information concerning their professional,technical, financial, legal or managerial competence whether already pre-qualified or

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not. Provided that such qualification shall only be laid down after recording reasonsand has to be in writing. They shall forrn part of records of that bid evaluation report.

The determination wil l tal<e into account the Bidder's f inancial, technical andproduction capabil i t ies. I t wil l be based Lrpon an examination of the documentaryevidence o1'the Bidder's quali f ication subrnitted under Appendix B to lnstrucfions toBidders "Evidence of Bidder's Capabil i ty" by the Bidder pursLlant to Clause I8.13, asrvell as such other infonnation as required under the Bidding Documents.

An affirrlative dcternrination r.vill be a pre-requisite for award of the Contract to thelowest evaluated Bidder. A negative determination wil l result in rejection of thatBidder's Bid in which event, Employer wil l proceed to undertal<e a similardetermination of the next lowest evaluated Bidder's capabilities to perforrn tlreContract satisfactorily.

I8.30 Arvard Criteria

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Snbject to Clause 18.32, the llrnployer will award tlie Contract to the Bidder whoseBid has been determined to be substantial ly responsive to the Bidding Docunrents andr,vho has offered the lowest evaluated Bid Price, provided that such Bidder has beendcternrined to be quali f ied to satisfactori ly perfornr the Contract in acoordance withthe prov is ions of Clause I8 .29.

Bmployer's Right to Vary Quantit ies

Enrployer reserves the right at the time of award of Contract to increase or decrease inthe quantity of Work contained in the Schedule of Prices rvithout any change in theunit price or otlrer terms and condit ions.

Bmployer's Right to Accept any Bid and to Rcject any or al l Bids

Notwithstarrding Clause I8,30, the I irnployer reserves the right to accept or leject anyIl id, and to annul the bidding process and reject al l Bids, atany t inre prior to ar,vard ofContract, without thereby incurring any l iabi l i ty to the affected Bidders or anyobligation to inform the affected Bidders of the grounds for the Employer's actionexcept that the grounds for its rejection shall upon request be communicated, to anyBidder who submitted a Bid, without justi f ication of grounds. Rejection of al l Bidsshall be notif ied to al l Bidders pronrptly.

No rregotiation with the Bidder having been evaluated as lowest responsive or anyother Bidder shall be permit led. I- lowever, the Employer may have clarif icationmeeting(s) to get clari f ied any item(s) in the Bid evah.ration report. Prior tof irral ization ol 'evaluation of Bids, t lre lowest evaluatcd responsive Bidcler nray beasked for a presentation regarding his proposal. These meetings must be attended bythe t l idder arrd i ts engineers / consultants. The main purpose of the meeting r.vi l l be toallow the Ernployerto seek clarif ication on any technical and f inancial pacl<age of theb id .

Notification of Award

Prior to expiration of the period of Bid val idity prescribed by the Employer, theErnployer will notify the successful Bidder in ''vriting ("l,etter of Acceptance") thathis Bid has been accepted. This letter slral l nanre the sum which the Enrnlover wil l

I8.32

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pay the Contractor in consideration of the design, execution and completion of theWorks/facility by the Contractor as prescribed by the Contract (hereinafter and in theConditions of Contract called the "Contract Price").

33.2 The Letter of Acceptance and its acceptance by the Bidder will constitute theI formation of the Contract, binding the Employer and the Bidder t i l l signing of the

f formal Contract Agreement.

33.3 Upon l'urnishing by the successful Bidder of a Perfornlance Security, the Ernployerwil l promptly notify the other Bidders that their Bids have been unsuccessful andreturn their Bid securit ies.

II ] .34 Pcrformance Security

34.1 ' fhe

successl 'ul Bidder shall furnish to the Employer a Perfonnance Security in thelbrnr and the amount st ipulated in the Condit iorrs of Contract within a period ol 'twenty eight (28) days alter the receipt of Letter of Acceptance.

34.2 Failure of the successful Bidder to comply with the requirements of Sr"rb-ClausesI8,34,1, I8.35 or Clause IB.44 shall constitute suff icient srounds for the annulment ofthe award and forfeiture of the Bid Security.

18.35 Signing of Contract Agreement

35.1 Within fourteen (14) days l ' rom the date of f trrnishing of acceptable PerformanceSecurity under the Corrdit ions ol 'Contract, the Employer wil l send to t lre successfulBidder the Form ol 'Contract Agreerlent provided in the Bidding Documents, dulyI'illed in and incorporating all agreements between the parties for signing and return itto t l ,e Employer.

35.2 The formal Agreement between the Employer and the successful Bidder shall beexecuted within fourteen (14) days of the receipt of Irorm of Contract Agreement(Performance Security) by the successful Bidder from the Employer.

(G) ADDITIONAL INSTRUCTIONS

18.36 Instructions not Part of Contract

above Instructions toto assist Bidders in

id or the Contract Documents.

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I8.37 Contract I )ocuments

37.1 ' [he

DocLrments which wi l l be included in the Corrtract are l isted in theContract Agreement set ollt in these Bidding Documents.

I8.38 Suf l ic iency of Bid

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3B.l Each Bidder shall satisfy hirnself before bidding as to the correctness and suff iciencyol 'his Bid and of the rates and prices/milestone payments entered in the Schedule ofPrices. Except insofar as it is otherwise expressly provided in the Contract, the ratesand prices entered in the Schedule of Price shall cover al l his obligations under theContraot and all matters and things necessary for the proper completion of theWorks/faci l i ty including al l indirect costs result ing frorn Supplementary Speciationspecial and provisions included in the bid document.

I 18.39 One Bid per Bidder

(d)

(e)

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39.1 Each Bidder shall submit only one Bid either by hinrself, or as a partner in a jointventure. A Bidder who subrnits or part icipates in more than one Bid wil l bedisquali f ied and Bids submifted by hini shall not be considered for evaluation andarvard.

18.40 Bidder to inform himself

40.1 -fhe Bidder is advised to obtain for himself at his own cost and responsibi l i ty al l

in{brrnation that may be necessary for preparing tlie Bid and entering into a Contractfor execution of the Works/faci l i ty, This shall include but not be l imited to thef,ol lowing:

(a) inquir ies on Pakistani Income Tax to the Commissioner of the Incorne Tax andSales Tax

(b) incluilies on custonrs duties and other import taxes, to the concernedauthorities of Customs and Excise'Department.

(c) information regarding port clearance faci l i t ies, loading and unloadingfaci l i t ies, storage faci l i t ies, transportation laci l i t ies and congestiorr at Pakistansca Dorts.

investigations regarding transpoft condit ions and the probabletvhich wil l exist at the t ime the Plant wil l be actuallv transpofted.

EPA regulation,

IB.41 Alternatc Proposals by Biddcr ( in case of completely ncn, design proposed bybidder)

4l. l Should any Bidder consider that he can ofl 'er any advantage to the Ernployer by anrodif ication to the designs, specif ications or other condit ions, he nray, in addit ion tohis Bid to be subnritted in str ict compliance with the Bidding Documents, submit anyAlternate Proposal(s) contairr ing (a) relevant design calculations; (b) technicalspecifications; (c) proposed construction methodology; and (d) any other relevantdetails / conditions, provided always that the total sum entered on the Form of Bidshall be that which represents complete compliance with the Bidding Documents,

41.2 Alternate Proposal(s), if any, of the lowest evaluatedconsidered by the Employer as the basis for tlie award

18.42 Sitc Visi t and Local Condit ions

responsive Bidder only may beof Contract to such B idder.

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42.1 Bidder nrust verify and supplemrent by his own investigations the infornration aboutsite and local condit ions, However, Enrployer wil l assist the Bidder whereverpracticable and possible.

42,2 All Bidders are required to visit the site at their own expense to review the areasrequired for tlie execution and completion of the Work and other related information,i1' any. Bidders may also wish to study local condit ions, available faci l i t ies,communications, craft wages, roads and other transport faci l i t ies. Bidders shall alsoacquaint themselves with the relevant laws, rules, and regulations of Pakistan.

42.3 l 'he Bidders and any of their personnel or agents wil l be granted permission by theEmployer to enter upon his prenrises and lands for the purpose of suclr inspection, butonly upon the express condit ion that the Bidders, their personnel and agents, wil lrelease and indenrnify the Employer, his personnel and agents from and against al ll iabi l i ty in respect thereof and wil l be responsible for death or personal injury, loss ofor damage to property and any other loss, damage, costs and expenses incurred as aresult of such inspection.

IB.43 Pre-Bid Meeting

43.1 Pre-b id meet ing wi l l be held on 30tr ' June-2015 at l l00 hrs. a t NHA Audi tor iumlocated at 28-Mouve Area, G-gll , lslamabad. All Bidders irrvited or their authorizedrepresentatives rnay attend such a Pre-Bid meeting. Employer will exanrine therequest for clari f ication of the Bidding Docunrents which it receives not later than twodays before the Pre-Bid Meeting and if needed wil l issue the clarif ication/amendmentof the Bidding Documents to al l the prequali f ied bidders and wil l upload the sanre onNI-IA website www.nha.gov.pk before the date ol 'subrnission of bids. l t is expectedthat bidders wil l t l ioroughly study the bidding documents and come up with al l theirpoints / non-clarities etc. maximum upto pre-bid meeling stage.

18.44 Integrify Pact

44.1 ' l-he Bidder shall sign and stamp the Integrity Pact provided in Schedule-.I to Bid inthe Bidding Documents for al l Federal Government procurement contracts exceedingRupees ten rni l l ion. Failure to provide such Integrity Pact shall mal<e the Bid non-responsive.

I l ] .45 General Performance of the Bidders

45.1 The Enrployer reserves the right to obtain information regarding performance of theBidders on their previously awarded contracts/works (Schedule-l to bid). TheEmployer may in case of consistent poor performance of any Bidder as reported bythe employers of the previously awarded contracts, interalia, reject his bid and/or referthe case to the Pakistan Engineering Council. Upon such reference, PEC inaccordance r.vith its rules, procedures and relevant laws o{'the land take such action asrnay be deerned appropriate under the circumstances of the case including blackl ist ing o1'such Bidder and debarring him f i 'om part icipation in future bidding forsirni lar rvorks.

It nray l'urther be noted that any fraudulent /by bidders may result in appropriate actionstage dr"rring and after award of the work.

I8.46 Bidding Procedure

false information provided in docunrentsincluding cancellat ion of contract at any

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46.1 Procedure of opening Cornpetit ive Bidding l 'or the Scope of Uid as deflned in clauseIB.l shall be based on Single Stage Two Envelope Bidding Procedure as per Rule 36(c) of Public Procurenrent Rules 2004 issued by Public Procurement RegulatoryAuthority (PPRA), Governrnent of Pal<istan.

0{) APPENDTCES

'fhe Appendices to ITB are as given below:

. Appendix-A: Name of Eligible Countries

. Appendix-B: Ev idence of B idder 's Capabi l i t ies

. Appendix-C: Checklist of Sr"rbnrissions to be rnade wit lr the Bid

Appendices are given lrere below:

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Appendix A toInstructions to Bidclers

NAMB OF BLIGIBLB COUNTRIES

All courrtr ies of the World r,vit lr whonr Islamic Republic of Pakistan has commercial relations.

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Appencl ix B toInstruct ions to Bidders

EVIDENCB OF BIDDER'S CAPABILITY

Note: Bidders to provide the fol lowing information with the Bid separately and indicateherein its references where this information is available.

Sr.No. Information to be Suppl ied Bid References

(a)

(a)

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L Nanre of- Bidder, business address andcountlv of incorporation,

l 'ype of f irm wlrether individr.ral ly owned,partnership, corporation or joint venture andthe narnes of its owners or partners.

Does the company has in-house designsetup/teams or design assignments are to becarried out by sub consultants? If so, pleasename external setups with their profi les andwebsites. Who wil l be involved for vett insol ' the design from contractor side?

The annual repofts giving generaldescript iorr of the f irm, sorl of businesscarried out, balance sheets, profit and lossstatements, turn over and business dorie bythe firnr, duly authenticated, for the lastthree (3) years. Audited Balance Sheets forthe preceding three (3) years shall beprovided.i. Total value of works in harrd on bid

open ing/preparation date.ii. l-otal valr"re of r.vorks conrpleted in

last three years.

Bidder has cornpleted at least one ( l)Tunrkey / t lo' l ' / Design BLri lcl Contract witha nrininrunr value of l ts. 91,000 Mil l ionduring the last seven years.

Design capacity of bidder / JV partner, toundertake the project i.e. experience ofdesigning of highways and bridges, BioData ol' proposed professional nrust beattached rvith Schedule-l to bid, such asIir idge Design Engineer, I l ighrvay DesignEngineer, Quantity Surveyor, QualityControl / Material Engineer, Chief Surveyor,etc. or associated desisn consultant and

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rvhich rvorl< they did for the bidder.Details of projects under executior-r andfuture contractual commitments (for eachpartner, in case ofjoint venture).

tsanking reference. narnes of banks andaddress ma1, [s given to whom referenceregarding f inancial capabil i ty of the Biddermay be made, with authority to makeinquir ies f i 'om the Bidder's bankers andclients regarding any financial and technicalaspects (for each partner, in case of a jointventure).

Detai l of Over Draft (OD) / l ine of credit bythe bank for the business of the bidoerincluding amount and its val idity period,

I lealth, Safety, environnrent and emergencyplan as rvel l as Risl< Management plan forthe project.

Detailed/ Integrated work plan alongwithmethodology to complete the assignnrent.

lnformation on any litigation or adjudication/arbitration resulting from contractscornpleted or under execution by the Bidderovcr the last ten (10) years. The informationshall indicate the pafi ies concerned. thenratter of dispute, the disputed amounts andthe result thereof (for each partner, in caseof a joint venture).

Detai led descript ion of the quali ty controltesting and researclr facilities, If theequipment is manufactured under license,the name of the licensee and details of thelicensing arrangements, such as the durationof the l icense, the faci l i t ies provided to theBidder by the l icensee and whether futureinrprovenrents are available or not etc. Acopy of the l icense agreement nray beattached. Quality Control/ Quality assuranceplan must also be submitted.

(a) Names, quali f ications and experienceof the key technical personnel alongwith Curriculum Vitals (CVs).

(b) (i) Number of total permanent Sta{Ton rol l of the company in varioustrades and specialties such asslrrvey, inspection, testing,contract engineers, and quality

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control engineers etc. ,

( i i ) Nurnber of total quali f iedengineers on rol l of the company,

13. Training and Employment plan of local workforce for which contractor is to atleast have abudget of Rs. 100 Mil l ion lor incurringexpenditures on arranging such trainings forEmployer / Enlployer's Representativeincluding Assistant stafl ' who arc tosupervise the construction activit ies arrd laternraintain and operate the facility afterconstruotion. This is not reimbursable andcontractor has to consider this amountincluded in his overheads,

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