7. In terms of Rules 48 of Public Procurement Rules, 2004 Grievance Redressal Committee (GRC) is notified for the subject procurement and notification copy is available on the procuring agency’s website and on Authority’s website at (www.ppra.org.pk).
NTISB (National Telecommunication and Information Technology Security Board (NTISB)), Communication Security Officer
Block-L, Pak-Sectt., Islamabad Capital Territory
+92-333-613-3350
bid@pkcert.gov.pk
1.1 The Procuring Agency (PA), as indicated in the Bids Data Sheet (BDS) invites Bids through EPADS v2.0 for the provision of Goods for as specified in the BDS and in Section V – Evaluation Criteria, Specifications & Schedule of Requirements. The name, identification, and number of items/deliverables are provided in the BDS. The successful Bidders will be expected to provide the goods within the specified period and timeline(s) as stated in the BDS.
2.1 Source of funds is referred in Clause-1 of Invitation for Bids.
3.1 A Bidder may be natural person, company or firm or public or semi-public agency of Pakistan or any foreign country, or any combination of them with a formal existing agreement (on Judicial Papers) in the form of a joint venture, consortium, or association. In the case of a joint venture, consortium, or association, all members shall be jointly and severally liable for the execution of the Contract in accordance with the terms and conditions of the Contract. The joint venture, consortium, or association shall nominate a Lead Member as nominated in the BDS, who shall have the authority to conduct all business for and on behalf of any and all the members of the joint venture, consortium, or association during the Bidding process, and in case of award of contract, during the execution of the contract.
3.2 Verifiable copy of the agreement that forms a joint venture, consortium or association shall be required to be submitted as part of the Bid.
3.3 The appointment of Lead Member in the joint venture, consortium, or association shall be confirmed by submission of a valid Power of Attorney to the Procuring Agency.
3.4 Any bid submitted by the joint venture, consortium or association shall indicate the part of proposed contract to be performed by each party and each party shall be evaluated (or post qualified if required) with respect to its contribution only, and the responsibilities of each party shall not be substantially altered without prior written approval of the Procuring Agency and in line with any instructions issued by the Authority.
(The limit on the number of members of JV or Consortium or Association may be prescribed in BDS, in accordance with the guidelines issued by the PPRA).
3.5 The invitation for Bids is open to all prospective suppliers, manufacturers, or authorized agents / dealers subject to any provisions of incorporation or licensing by the respective national incorporating agency or statutory body established for that particular trade or business. Procuring agencies shall specify the registration/licensing requirements for the foreign bidders keeping in view the requirement of that business.
3.6 A Bidder shall not have a conflict of interest. All Bidders found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest with one or more parties in this Bidding process, if they:
3.7 A Bidder may be ineligible if –
3.8 As and when required, bidders shall provide to the Procuring Agency evidence of their eligibility, proof of compliance with the necessary legal requirements to carry out the contract effectively.
3.9 Bidders shall submit Bids relating to the nature, conditions and modalities of sub-contracting wherever the sub-contracting of any elements of the contract amounting to more than ten (10) percent of the Bid price is envisaged.
4.1 All goods and related services to be supplied under the contract shall have their origin in eligible source countries, and all expenditures made under the contract will be limited to such goods and services. For purpose of this Bid, ineligible countries are the countries declared ineligible by the Federal Government.
5.1 A bidder shall submit only one Bid, in the same bidding process, either individually as a Bidder or as a member in a joint venture or any similar arrangement.
5.2 The Bidder shall not engage a subcontractor for any portion of the contract if the value of such subcontracting exceeds thirty percent (30%) of the total contract amount.
6.1 Any cost incurred by the bidder relating to the preparation and submission of its Bid shall be borne by the bidder, and the Procuring Agency shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.
7.1 The Goods required, Bidding procedures, and terms and conditions of the contract are prescribed in the Bidding Documents. In addition to the Invitation for Bids, the Bidding documents which should be read in conjunction with any addenda issued in accordance with ITB 9.1 include:
Section I -Invitation to Bids
Section II Instructions to Bidders (ITB)
Section III Bid Data Sheet (BDS)
Section IV Evaluation Criteria, Specifications, Schedule of Requirements
Section V Bid Forms
Section VI General Conditions of Contract (GCC)
Section VII Special Conditions of Contract (SCC)
Section VIII Contract Forms
7.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bidding documents. Failure to furnish all the information required in the Bidding documents through EPADS v2.0 will be at the Bidder’s risk and may result in the rejection of his Bids.
8.1 A prospective Bidder requiring any clarification of the Bidding documents may notify the Procuring Agency through EPADS v2.0.
8.2 The Procuring Agency will within three (3) working days after receiving the request for clarification, respond to any request for clarification through EPADS v2.0 provided that such request is received not later than three (03) days prior to the deadline for the submission of Bids as prescribed in ITB 22
8.3 Copies of the Procuring Agency's response will be forwarded to all identified Prospective Bidders through EPADS v2.0, including a description of the inquiry, but without identifying its source.
8.4 Should the Procuring Agency deem it necessary to amend the Bidding document as a result of a clarification, it shall do so following the procedure under ITB 9.
8.5 If indicated in the BDS, the Bidder’s designated representative is invited at the Bidder’s cost to attend a pre-Bid meeting at the place, date and time mentioned in the BDS. During this pre-Bid meeting, prospective Bidders may request clarification of the schedule of requirement, the Evaluation Criteria or any other aspects of the Bidding document.
8.6 Minutes of the pre-Bid meeting, if applicable, including the text of the questions asked by Bidders, including those during the meeting (without identifying the source) and the responses given, together with any responses prepared after the meeting will be uploaded on EPADS v2.0. Any modification to the Bidding documents that may become necessary as a result of the pre-Bid meeting shall be made by the Procuring Agency exclusively through the use of an Addendum pursuant to ITB 9. Non-attendance at the pre-Bid meeting will not be a cause for disqualification of a Bidder.
9.1 Before the deadline for submission of Bids, the Procuring Agency for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder or Pre-Bid meeting may modify the Bidding documents by issuing addenda through EPADS v2.0.
9.2 The Procuring Agency shall promptly publish the addendum through EPADS v2.0.
9.3 Any addendum issued including the notice of any extension of the deadline shall also be communicated through EPADS v2.0 to all the bidders who have already submitted their bids. Such bidders shall have the right to withdraw their already submitted bid and re-submit the revised bid prior to the original or extended bid submission deadline.
9.4 To give prospective Bidders reasonable time in which to take an addendum/corrigendum into account in preparing their Bids, the Procuring Agency may, at its discretion, extend the deadline for the submission of Bids through EPADS v2.0:
Provided that the Procuring Agency shall extend the deadline for submission of Bids, if such an addendum is issued within last three (03) days of the Bids submission deadline.
10.1 The Bid prepared by the bidder, as well as all correspondence and documents relating to the Bids exchanged by the Bidder and the Procuring Agency shall be written in the English language unless otherwise specified in the BDS. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of the relevant pages in the English language unless otherwise specified in the BDS, in which case, for purposes of interpretation of the Bidder, the translation shall govern.
11.1 The Bid prepared by the Bidder shall constitute thedocuments required in the BDS.
Details of sample(s) where applicable and requested in the BDS.
1. Documentary evidence established in accordance with ITB that the Bidder is eligible and/or qualified for the subject bidding process;
2. Documentary evidence establish that the Bidder has been authorized by the manufacturer to deliver the goods into Pakistan, where required and where the supplier is not the manufacturer of those goods;
3. Documentary evidence establish that the goods and related services to be supplied by the Bidder are eligible goods and services, and conform to the Bidding Documents;
4. Bid security or Bid Securing Declaration furnished in accordance with ITB 18.
12.1 To establish the conformity of the bidder to the Bidding document, the Bidder shall furnish as part of its Bids the documentary evidence that Goods provided conform to the technical specifications and standards.
13.1 The Bidder shall furnish, as part of itsBid, all those documents establishing the Bidder’s eligibility to participate in the Bidding process and/or its qualification to perform the contract if its Bid is accepted.
14.1 The Bidder shall fill the Form of Bid furnished in the Bidding documents.The Bids Form must be completed without any alterations to its format and no substitute shall be accepted.
15.1 The Bids Prices quoted by the Bidder in the Form of Bid and in the Price Schedules shall conform to the requirements specified below or exclusively mentioned hereafter in the Bidding documents.
15.2 All items in the Schedule of Requirement must be listed and priced separately in the Price Schedule(s). If a Price Schedule shows items listed but not priced and neither explicitly denied, their prices shall be construed to be included in the prices of other items.
15.3 Items not listed in the Price Schedule shall be assumed not to be included in the Bid, and provided that the Bid is still substantially responsive in their absence or due to their nominal nature, the corresponding average price of the respective item(s) of the remaining substantially responsive Bidder(s) shall be construed to be the price of those missing item(s)
15.4 The Bid price to be quoted in the Form of Bid in accordance with ITB 14.1 shall be the total price of the Bid.
15.5 The Bidder shall indicate on the appropriate Price Schedule, the unit prices (where applicable) and total Bid price of the Goods it proposes to provide under the contract.
15.6 Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the contract and not subject to variation on any account. A Bid submitted with an adjustable price will be treated as non-responsive and shall be rejected.
16.1 Prices shall be quoted in Pakistani Rupees unless otherwise specified in the BDS in accordance with Rule 30 (2) of the Public Procurement Rules, 2004.
17.1 Bids shall remain valid for the period specified in the BDS after the Bid submission deadline prescribed by the Procuring Agency. A Bid valid for a shorter period shall be rejected by the Procuring Agency as non-responsive. The period of Bid validity will be determined from the complementary Bid securing instrument, i.e. the expiry period of Bid Security or Bids Securing Declaration as the case may be.
17.2 The procuring agency shall ordinarily be under an obligation to process and evaluate the bid and to issue letter of award within the stipulated bid validity period.
17.3 Under exceptional circumstances, prior to the expiration of the initial Bid validity period, the Procuring Agency may request the Bidders’ consent to an extension of the period of validity of their Bids only once through EPADS v2.0, for the period not more than the period of initial bid validity. The Bid Security provided under ITB 18 shall also be suitably extended. A Bidder may refuse the request without forfeiting its Bid security or causing to be executed its Bid Securing Declaration. A Bidder agreeing to the request will not be required nor permitted to modify its Bid, but will be required to extend the validity of its Bid Security or Bid Securing Declaration for the period of the extension.
18.1 The Bidder shall furnish as part of its Bid, a Bid Security in accordance with Rule 25 of the Public Procurement Rules, 2004.
18.2 The original Bid Security shall be enclosed within the sealed envelope and to be submitted physically before closing time for submission of bids. Whereas, scanned copy of bid security shall be uploaded electronically through EPADS v2.0 before closing hours for submission of bids.
18.3 The Bidder who failed to submit the original Bids security before the submission deadline shall be disqualified straightaway.
18.4 The Bid Security or Bid Securing Declaration is required to protect the Procuring Agency against the risk of Bidder’s conduct which would warrant the security’s forfeiture, pursuant to ITB 18.7.
18.5 The Bid Security shall be denominated in the local currency, and it shall be a Bank Draft in the name of the Procuring Agency and valid for twenty-eight (28) days beyond the end of the validity of the Bid. This shall also apply if the period for Bids/Bid Validity is extended. In either case, the form must include the complete name of the Bidder.
18.6 The Bid Security shall be payable promptly upon written demand by the Procuring Agency in case any of the conditions listed in ITB 18 are invoked.
18.7 Unsuccessful Bidders’ Bid Security will be discharged or returned as promptly as possible, however in no case later than thirty (30) days after the expiration of the period of Bids Validity prescribed by the Procuring Agency pursuant to ITB 17. The Procuring Agency shall make no claim to the amount of the Bid Security, and shall promptly return the Bid Security document, after whichever of the following that occurs earliest:
18.8 The successful Bidder’s Bids Security will be discharged upon the Bidder signing the contract, or furnishing the Performance Guarantee.
18.9 The Bid Security may be forfeited or the Bid Securing Declaration executed:
19.1 Before Bid submission deadline, any Bidder may withdraw, substitute, or modify its Bid after it has been submitted through EPADS v2.0. Bids requested to be withdrawn, shall be returned unopened to the Bidders through EPADS v2.0.
20.1 The Bidder shall prepare and submit Bids with due diligence after carefully reading all the terms and condition before bid submission deadline through EPADS v2.0.
21.1 The Technical and Financial Bids if required to submitted, shall be submitted on EPADS v2.0.
22.1 Bids shall be received by the Procuring Agency through EPADS v2.0 before bid submission deadline.
22.2 The Procuring Agency may, under exceptional circumstances, extend the deadline for the submission of Bids, after recording reasons in writing and in an equal opportunity manner.
In such case, all rights and obligations of the Procuring Agency and the Bidders that were previously governed by the original deadline shall thereafter be subject to the revised deadline.
23.1 The Bid Evaluation Committee of the Procuring Agency shall open all Bids through the EPADS v2.0, on the date and time specified in the Bid Data Sheet (BDS).
23.2 The Bid Evaluation Committee shall generate minutes through EPADS v2.0 containing brief details of bid opening process. The record of the Bid opening shall include, as a minimum: the name of the Bidder, the Bid price if applicable, and the presence or absence of a Bid Security or Bid Securing Declaration.
23.3 The procuring agency shall live broadcast the opening of bids on national media or on their website or digital channels, if the volume of procurement exceeds five hundred million rupees in case of goods and services and one thousand million rupees in case of works.
23.4 In case the date of opening of bid has been declared as public holiday or the procuring agency fail to open bid due to any EPADS v2.0 related issues, the submission and opening of bids shall be shifted to the next working day on the same time.
23.5 In case of Single Stage One Envelope Procedure, the Bidders names, the Bid prices, the total amount of each Bid and, the presence or absence of Bid Security, Bid Securing Declaration and such other details as the Procuring Agency may consider appropriate, will be announced by the Bid Evaluation Committee.
24.1 To assist in the examination, evaluation and comparison of Bids of the Bidders, the Procuring Agency may, ask any Bidder for a clarification of its Bid including breakdown of prices.
24.2 The request for clarification and the response shall be sought through EPADS v2.0 before three days prior to the deadline for submission of bids. No change in the prices or substance of the Bids shall be sought, offered, or permitted.
24.3 The alteration or modification in the BIDS which in any way affect the following parameters will be considered as a change in the substance of a Bids:
24.4 From the time of Bids opening to the time of Contract award if any Bidder wishes to contact the Procuring Agency on any matter related to the Bids it should do so through EPADS v2.0.
25.1 Prior to the detailed evaluation of Bids, the Procuring Agency will determine whether each Bid:
25.2 The Procuring Agency's determination of a Bid's responsiveness will be based on the contents of the Bid itself.
25.3 A substantially responsive Bid is one which conforms to all the terms, conditions, and specifications of the Bidding documents, without material deviation or reservation. A material deviation or reservation is one that: -
25.3 If a Bids is not substantially responsive, it will be rejected by the Procuring Agency and may not subsequently be evaluated for complete technical responsiveness.
26.1 The Procuring Agency shall examine the Bids to confirm that all terms and conditions specified in the GCC and the SCC have been accepted by the Bidder without any material deviation or reservation.
26.2 The Procuring Agency shall evaluate the technical aspects of the Bids submitted, to confirm that all requirements specified in Schedule of Requirements and Technical Specifications of the Bidding documents have been met without material deviation or reservation.
26.3 If after the examination of the terms and conditions and the technical evaluation, the Procuring Agency determines that the Bid is not substantially responsive in accordance with ITB 25.2, it shall reject the Bid.
27.1 Bids determined to be substantially responsive will be checked for any arithmetic errors. Errors will be corrected as follows: -
27.2 The amount stated in the Bid will, be adjusted by the Procuring Agency in accordance with the above procedure for the correction of errors and, with the concurrence of the Bidder, shall be considered as binding upon the Bidder. If the Bidder does not accept the corrected amount, its Bid will then be rejected, and the Bid Security may be forfeited or the Bids Securing Declaration may be executed.
28.1 To facilitate evaluation and comparison, the Procuring Agency will convert all Bids prices expressed in the amounts in various currencies in which the Bids prices are payable. For the purposes of comparison of bids quoted in different currencies, the price shall be converted into a single currency specified in the bidding documents. The rate of exchange shall be the selling rate prevailing on the date of opening of financial bids specified in the bidding documents, in accordance with weighted average customer exchange rates list issued by the State Bank of Pakistan on that day.
29.1 The Bids, quotations, or proposals shall be evaluated by the respective evaluation committees as per evaluation criteria described in the Bidding Documents in accordance with Rule 29 and 30 of the Public Procurement Rules, 2004.
1. Least Cost Based Selection (LCBS)
After meeting the requirements of eligibility, qualification and substantial responsiveness, the bid in compliance with all the mandatory (technical) specifications/requirements and/or requisite quality threshold (if any), and having lowest evaluated cost (or financial proposal) shall be considered Successful Bid.
2. Quality and Cost Based Selection (QCBS)
In such combination, there shall be some specific weightage of both the technical features and financial aspects of the proposal. The financial marks shall be awarded on the basis of inverse proportion calculations. The successful bid shall be declared, on the basis of combined evaluation.
3. Quality Based Selection (QBS)
Atter meeting the requirements of eligibility, qualification and substantial responsiveness the bid in compliance with all the mandatory (technical) specifications/requirements and attaining highest marks in the Technical Evaluation considering all other qualitative and/or quantitative parameters (or point rated criteria) for technical proposal(s) such as working methodology, implementation plan, resource allocation, additional functionalities, risk management approach, knowledge transfer techniques, post implementation methodology etc. shall be treated as highest ranked bid. Later on, the financial proposal of highest ranked bidder shall be opened, however, in case of failure to proceed further with such a bidder, the procuring agency may resort to second highest bidder and so on.
29.2 In case of tie of bids, the bidders shall be provided an opportunity to offer their best and final monetary offer through EPADS v2.0. However, in no case the rates shall be higher than the original financial bids.
30.1 The procuring agency shall evaluate and compare bids, allow for preference to domestic bidders, while competing with the international bidders in accordance with the policies of Federal Government.
The percentage of preference, to be accorded shall be clearly mentioned in the bidding documents under the bid evaluation criteria.
31.1 Selection technique will be adopted for determining the Successful Bid in accordance with the criteria referred in the BDS or prescribed in the separate section titled as Evaluation Criteria.
31.2 In case where the Procuring Agency adopts the Cost Based Evaluation Technique and, the Bid with the lowest evaluated price from amongst those which are eligible, compliant and substantially responsive shall be the Successful Bid.
31.3 The Procuring Agency may adopt the Quality & Cost Based Selection Technique due to the following two reasons:
1. Where the Procuring Agency knows about the main features, usage and output of the products; however not clear about the complete features, technical specifications and functionalities of the goods to be procured and requires the bidders to submit their proposals defining those features, specifications and functionalities; or
2. Where the Procuring Agency, in addition to the mandatory requirements and mandatory technical specifications, requires parameters specified in Evaluation Criteria to be evaluated while determining the quality of the goods.
31.4 In such cases, the Procuring Agency may allocate certain weightage to these factors as a part of Evaluation Criteria, and may determine the ranking of the bidders on the basis of combined evaluation in accordance with provisions of Rule 2(1)(h) of the Public Procurement Rules, 2004.
32.1Where the Bid price is considered to be abnormally low, the Procuring Agency shall perform price analysis either during determination of Successful Bids or as a part of the post-qualification process.
32.2 The Procuring Agency may reject an Abnormally low financial bids.
32.3 In order to identify the Abnormally Low Bids (ALB) following approaches can be considered to minimize the scope of subjectivity:
32.4 The Procuring Agency will determine to its satisfaction whether the Bidder that is selected as having submitted the successful bid is qualified to perform the contract satisfactorily.
32.5 The determination will take into account the Bidder’s financial, technical, and production capabilities. It will be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder, as well as such other information as the Procuring Agency deems necessary and appropriate. Factors not included in these Bidding documents shall not be used in the evaluation of the Bidders’ qualifications.
32.6 Procuring Agency may seek “Certificate for Independent Price Determination” from the Bidder and the results of reference checks may be used in determining an award of contract.
Explanation: The Certificate shall be furnished by the Bidder. The Bidder shall certify that the price is determined keeping in view of all the essential aspects such as raw material, its processing, value addition, optimization of resources due to economy of scale, transportation, insurance and margin of profit etc.
32.7 An affirmative determination will be a prerequisite for award of the contract to the Bidder. A negative determination will result in rejection of the Bidder’s Bids, in which event the Procuring Agency will proceed to the next ranked Bidder to make a similar determination of that Bidder’s capabilities to perform satisfactorily.
33.1 The Procuring Agency will award the Contract to the Bidder whose Bids has been determined to be substantially responsive to the Bidding documents and who has been declared as Most Advantageous Bidder.
34.1 The procuring agency shall not engage in negotiations with respect to scope and price with the bidder except when the procuring agency conducts a procurement using direct or negotiated contracting or a request for proposals with evaluation based on quality alone.
34.2 The procuring agency may negotiate with the most advantageous bid with a view to streamline the work or task execution, at the time of contract finalization on methodology, work plan, staffing, finalizing payment arrangements, delivery arrangements, minor amendments to the special conditions of the contract.
35.1 The Procuring Agency reserves the right to reject all bids or proposals at any time prior to the issuance of the Letter of Award, without incurring any liability, in accordance with Rule 33 of the Public Procurement Rules, 2004.
36.1 The Procuring Agency reserves the right at the time of contract award to increase or decrease the quantity of Goods originally specified in these Bidding documents provided this does not exceed by 15%, without any change in unit price or other terms and conditions of the Bids and Bidding documents.
37.1 Prior to the award of contract, the procuring agency shall announce and publish the result of bid evaluation on EPADS v2.0 in accordance with Rule 35 of the Public Procurement Rules, 2004.
37.2 The Bidder whose Bids has been accepted will be notified of the award by the Procuring Agency prior to expiration of the Bids/Bid Validity period. The Letter of Award will state the sum that the Procuring Agency will pay the successful Bidder in consideration for the delivery of Goods as prescribed by the Contract (hereinafter and in the Contract called the "Contract Price).
37.3 The Letter of award will constitute the formation of the Contract, subject to the Bidder furnishing the Performance Guarantee and signing of the contract.
38.1 Promptly after issuance of Letter of award, Procuring Agency shall send the successful Bidder the draft Contract, incorporating all terms and conditions as agreed by the parties to the contract.
38.2 Immediately after the Redressal of grievance by the GRC (if any), mandatory standstill period in accordance with Rule 35 of the Public Procurement Rules, 2004 and after fulfillment of all condition’s precedent of the Contract Form, the successful Bidder and the Procuring Agency shall sign the Contract.
39.1 Procuring Agencies (including beneficiaries of Government funded projects and procurement) as well as Bidders/Contractors under Government financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts, and will avoid to engage in any corrupt and fraudulent practices.
40.1 The Grievance Redressal Committee shall address the grievance, if any submitted by any party, including the bidder, in accordance with Rule 48 of the Public Procurement Rules, 2004 to be read with Redressal of Grievances Regulations, 2021.
40.2 In case if any party or the bidder is not satisfied with the decision of the GRC or if it fails to decide within ten days, the bidder or the party may file an appeal before the Appellate Committee of the Authority in accordance with Rule 48 of the Public Procurement Rules, 2004 to be read with Redressal of Grievances Regulations, 2021.
41.1 The Procuring Agency shall initiate blacklisting proceedings against any bidder, supplier, or contractor in accordance with the Mechanism for Blacklisting Regulations, 2024, read with Rule 19 of the Public Procurement Rules, 2004.
41.2 The blacklisted/debarred bidder may file the review petition before the Authority in accordance with Rule 19 of the Public Procurement Rules, 2004 to be read with Procedure of filing and disposal of Review Petitions Regulations, 2021.
The following specific data for the procurement of Goods to be procured shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein shall prevail over those in ITB.
|
BDS Clause Number |
ITB Number |
Amendments of, and Supplements to, Clauses in the Instruction to Bidders |
A. Introduction |
||
|
1 |
1.1 |
Name of Procuring Agency: NTISB (National Telecommunication and Information Technology Security Board (NTISB)) The subject of procurement is: Supply of Software for GRC Expected commencement date: Friday, May 15, 2026 |
|
2. |
2.1 |
Financial year for the operations of the Procuring Agency: 2025-26 Name and identification number of the Contract: P11387 |
| 3. | 3.1 | JV/Consortium or Association Allowed: Yes Number of JV/Consortium Members: 5 see section of eligibility criteria. |
B. Bidding Documents |
||
|
4. |
8.1 |
The Bidders may seek clarifications through EPADS v2.0 : Clarification Date: Monday, March 30, 2026 |
C. Preparation of Bids |
||
| 5. |
10.1 |
The Language of all correspondences and documents related to the Bids shall be in: English List of documents required along with the bid:
|
| 6. | 11.1 |
|
| 7. | 12.1 |
Items / Lots Specifications: see section of items specifications. |
|
8. |
15.6 |
The price shall be Fixed. |
| 9. |
16.1 |
Currency of the Bids shall be : PKR |
| 10. |
17.1 |
The Bids/Bid Validity period shall be: 120 Days |
| 11. |
18.1 |
The amount of Bid Security shall be as defined in Bid Security Section for items and lots given in BDS 6 |
D. Submission of Bids |
||
|
12. |
20.1 |
Bid shall be submitted online on EPADS v2.0 whereas hard copy of the bid security should be submitted to the following; Block-L, Pak-Sectt., Islamabad Capital Territory before bid submission deadline. Bids that are not submitted on EPADS v2.0 shall be disqualified. The deadline for Bids submission is: Thursday, April 9, 2026 05:00 AM |
E. Opening and Evaluation of Bids |
||
|
13. |
23.1 |
The Bids opening shall take place on EPADS v2.0. Day : Thursday Date: Thursday, April 9, 2026 Time : 11:30 AM |
|
14. |
31.1 |
Selection technique adopted will be: Quality and Cost Based Selection (QCBS) |
F. Review of Procurement Decisions |
||
|
15. |
41.1 |
Grievence against this procurement shall be submitted online on EPADS v2.0. Arbitrator shall be appointed by mutual consent of the both parties. |
| Bidder's Type | Required Registration |
|---|---|
|
Individual / Individual Consultant Sole Proprietorship Partnership Firm Company (Private Limited) Company (Public Limited) Company (Holding Company) Company (Limited by Guarantee) State Owned Enterprise (Private Limited) State Owned Enterprise (Public Limited) |
FBR (NTN) FBR (GSTN) SECP |
| Eligibility Criteria | Document |
|---|---|
| 1. TSP / Institution / Firm should have a good / sound financial standing to meet the contract obligations. (Bank / Financial Statement, duly audited, for the last three (3) years to be provided). | Yes |
| 2. TSP / Institution / Firm should certify that the Firm has never been black listed by any of the public sector department / agency. | Yes |
| 3. TSP / Institution / Firm should hold applicable NTN / FTN, Professional Tax and GST registrations. | Yes |
| 4. Valid Incorporation certificate from Securities and Exchange Commission of Pakistan (SECP) Valid NTN and STN Certificates | Yes |
Eligibile bidder(s) with substantially responsive bid(s) offering Quality and Cost Based Selection (QCBS) shall be consider for the award of contract(s).
Quality and Cost Based Selection (QCBS)
| Technical Marks | 75 | |
|---|---|---|
| Passing Marks | 53 | |
| Genral Technical Evaluation Criteria (Note that Marking distribution will be as per the specification of each item) | ||
| Bidder’s experience, deployments in Pakistan or foreign (Qualitative)(Doc Required) | 15 | |
| Presentation to be given by a representative of bidder. • Live demonstration of the platform’s core features.(5) • Presentation of the implementation roadmap. .(5) • Performance during the Q&A session with the technical committee.(5) (Qualitative)(Doc Required) | 60 | |
Items Without Lots :
| Item | UNSPSC | Delivery Schedule | Quantity | Bid Security | Manufacturer / Dealer Authorization | Warranty |
|---|---|---|---|---|---|---|
| GRC Solution | Risk management consultation service |
Address: Block-L, Pak-Sectt., Islamabad Capital Territory
Schedule: 56 Days
Quantity: 1
|
1 | 250000 | Any | 1 Years |
| Nexpose From Rapid7 license | Transaction security and virus protection software |
Address: Block-L, Pak-Sectt., Islamabad Capital Territory
Schedule: 56 Days
Quantity: 1
|
1 | 125000 | Any | 1 Years |
| Acunetix license | Transaction security and virus protection software |
Address: Block-L, Pak-Sectt., Islamabad Capital Territory
Schedule: 56 Days
Quantity: 1
|
1 | 42500 | Any | 1 Years |
| DAST Tool | Transaction security and virus protection software |
Address: Block-L, Pak-Sectt., Islamabad Capital Territory
Schedule: 56 Days
Quantity: 1
|
1 | 17500 | Any | 1 Years |
| Google AI Pro license | Analytical or scientific software |
Address: Block-L, Pak-Sectt., Islamabad Capital Territory
Schedule: 56 Days
Quantity: 1
|
1 | 4750 | Any | 1 Years |
| Hootsuite Professional license | Software as a service |
Address: Block-L, Pak-Sectt., Islamabad Capital Territory
Schedule: 56 Days
Quantity: 1
|
1 | 27622.5 | Any | 1 Years |
| Gamma AI | Web page creation and editing software |
Address: Block-L, Pak-Sectt., Islamabad Capital Territory
Schedule: 56 Days
Quantity: 1
|
1 | 2500 | Any | 1 Years |
| Prezi Premium | Web page creation and editing software |
Address: Block-L, Pak-Sectt., Islamabad Capital Territory
Schedule: 56 Days
Quantity: 1
|
1 | 5000 | Any | 1 Years |
| ChatGPT Suite | Application implementation services |
Address: Block-L, Pak-Sectt., Islamabad Capital Territory
Schedule: 56 Days
Quantity: 1
|
1 | 3750 | Any | 1 Years |
| Microsoft Project Professional 2024 | Project management software |
Address: Block-L, Pak-Sectt., Islamabad Capital Territory
Schedule: 56 Days
Quantity: 1
|
1 | 17500 | Any | 1 Years |
| Cursor Pro+, | Application implementation services |
Address: Block-L, Pak-Sectt., Islamabad Capital Territory
Schedule: 56 Days
Quantity: 2
|
2 | 3878 | Any | 1 Years |
No
Items Without Lots :
Item: GRC Solution
UNSPSC: Risk management consultation service
Specifications / Requirements:
| Specification | Distribution of 60 Marks of Presentation |
|---|---|
| Capability Of The Solution For Scalability And Customization For Organizational Requirements Is Mandatory. | Mandatory |
| Pre-packaged content for industry standards and controls including but not limited to (ISO 27001/2, NIST CSF, SP800-53r4, SOC2, PCI-DSS, CIS, GDPR, PDPL, EU AI, ISO-42001) etc. | 10 |
| Preferred Capability for Cross-Framework Mapping (map one control to multiple standards). Solution must be fully scalable and customizable for local policies. | 10 |
| Configuration & Deployment: • Support for Standalone (On-Premise) configuration. • Support for Cloud model. • Evaluation based on user-uploaded data, imported reports, or recurring assessments. | 10 |
| Unified Management Suite: • Integrated Asset Inventory & Risk Assessment/Management. • Audit Management modules. • Preferred Centralized Policy Management Life Cycle. • Hierarchical Structure to ingest and manage complex organizational sub-entities. | 10 |
| Reporting & Analytics • Graphical dashboards and tabular reports. • Comparative reporting between different organization sections or entities. • Exportable compliance and risk status reports. | 10 |
| Scalable Tiers (Capacity Metrics) – 1 Yr License • Baseline: Min. 10 Frameworks, Min. 100 Organizations. • Enhanced: Min. 15 Frameworks, Min. 300 Organizations. • Bonus: Extra points for exceeding these support categories. Note: i. separate quote for both baseline and enhanced to be provided. ii. 1 x Framework (e.g. ISO-27001) to be deployed in multiple organizations to be considered as 1 framework | Mandatory |
| Support & Maintenance (1-Year Plan) • Provision of Quarterly manual update packages. • Local Technical support availability for troubleshooting. • Specialized Training for CERT personnel on solution management | 10 |
Item: Nexpose From Rapid7 license
UNSPSC: Transaction security and virus protection software
Specifications / Requirements:
The bidder shall provide a one-year subscription/license for a vulnerability scanning solution Nexpose From Rapid7. The proposed solution must comply with the technical specifications outlined in this document also evaluation and scoring shall be conducted in accordance with the criteria mention in this document. Technical Evaluation Criteria (Marks 60): The bidder must provide a 1-year support plan, including: 1. Quarterly manual update packages for vulnerabilities and compliance checks. 2. Technical support availability for troubleshooting 3. Training for CERT personnel on scanner usage and manual update proceduresItem: Acunetix license
UNSPSC: Transaction security and virus protection software
Specifications / Requirements:
The bidder shall provide a one-year subscription/license for Web application scanner Acunetix for vulnerability and security scanning of web based applications, technical specifications, scoring and Evaluation criteria are as follow Technical Evaluation Criteria (Marks 60) The bidder must provide a 1year support plan, including: 1. Quarterly manual update packages for vulnerabilities and attack patterns. 2. Technical support availability for troubleshooting (on-premises & remote support if allowed). 3. Training for CERT personnel on scanner usage and manual update proceduresItem: DAST Tool
UNSPSC: Transaction security and virus protection software
Specifications / Requirements:
The bidder shall provide a one-year subscription/license for a comprehensive Web Application Security Testing and Scanning solution for vulnerability assessment and security testing of web-based applications Like Burp Suite . The proposed solution shall include automated and manual testing capabilities, covering dynamic application security testing (DAST), vulnerability scanning, crawling, and advanced testing features such as interception proxy, traffic analysis, authentication handling, and reporting. The solution must comply with the technical specifications, scoring as defined therein. Evaluation criteria are as follow. Technical Evaluation Criteria (Marks 60): Fully Offline Operations (8) The scanner should be capable of operating without internet connectivity, allowing security assessments in air-gapped environments. Manual updates for web vulnerability signatures and attack payloads must be possible via secure offline transfer (USB, DVD, or internal update servers). Web Vulnerability Coverage (8) The tool must detect OWASP Top 10 vulnerabilities including but not limited to: SQL Injection, Cross-Site Scripting (XSS),CSRF,SSRF,RCE,Insecure Deserialization, and Business logic flaws. The solution should support detection of modern web and API vulnerabilities. Interception Proxy & Traffic Analysis (8) The solution must provide: Intercepting proxy for HTTP/HTTPS traffic. Request/response modification. SSL/TLS inspection. Session handling. Detailed traffic analysis. Manual & Automated Testing Capabilities (8) The platform should support: Automated DAST scanning. Manual penetration testing tools. Repeater, Intruder, Decoder, and Comparer-type capabilities. Support for security researcher workflows. API Security & Modern Application Support (8) The solution must support testing of: REST, SOAP, GraphQL APIs. Single Page Applications (SPA). JavaScript-heavy applications. Modern frameworks (React, Angular, Vue). WebSockets where applicable Presentation & Technical Demonstration (15) The bidder must conduct a live demonstration of the proposed solution, covering: 1. Installation and deployment in an air-gapped environment. 2. Offline scanning capabilities. 3. Authentication & session handling mechanisms. 4. API security testing and dynamic application crawling. 5. Custom scanning policies & reporting features. Support & Maintenance (3-5 Years) (10) The bidder must provide a 1year support plan, including: 1. Quarterly manual update packages for vulnerabilities and attack patterns. 2. Technical support availability for troubleshooting (on-premises & remote support if allowed). 3. Training for CERT personnel on scanner usage and manual update proceduresItem: Google AI Pro license
UNSPSC: Analytical or scientific software
Specifications / Requirements:
The bidder shall provide a one-year subscription/license for Google AI Pro, an advanced artificial intelligence platform designed to support content generation, data analysis, automation, and productivity enhancement across organizational workflows. The proposed solution shall include access to AI-powered tools for text generation, summarization, research assistance, code support, and integration with cloud-based productivity applications. The solution shall support secure usage, collaboration features, and administrative controls for organizational deployment. Technical Evaluation Criteria (Marks 60): The bidder must provide a 1-year support and subscription plan for Google AI Pro, including: 1. Access to Google AI Pro Services: Continuous access to Google AI Pro features, including advanced AI models and productivity tools, throughout the subscription period. 2. Technical Support: Access to vendor or authorized partner technical support for troubleshooting, configuration assistance, and issue resolution through email or online support channels. 3. User Guidance & Training: Basic orientation or guidance session for designated personnel on effective utilization of Google AI Pro features and capabilities. 4. Account & Subscription Management: Assistance with subscription activation, account configuration, and renewal management during the subscription period. 5. Service Availability: Ensuring access to the cloud-based service with high availability as per the provider’s service standards during the subscription term.Item: Hootsuite Professional license
UNSPSC: Software as a service
Specifications / Requirements:
The bidder shall provide a one-year subscription/license for Hootsuite Professional, a comprehensive social media management platform for scheduling, monitoring, analytics, and management of multiple social media accounts. The proposed solution shall include features for automated publishing, unified dashboard management, engagement monitoring, content scheduling, performance analytics, and reporting across supported social media platforms. The solution must support account security, role-based access, and integration with major social media services. Technical Evaluation Criteria (Marks 60): The bidder must provide a 1-year support and subscription plan for Hootsuite License (Professional), including: 1. Access to Hootsuite Professional Platform: Continuous access to the Hootsuite Professional plan for managing social media accounts, scheduling posts, monitoring engagement, and analytics throughout the subscription period. 2. Technical Support: Access to vendor or authorized partner technical support for troubleshooting, account configuration, and issue resolution through email, chat, or online support channels. 3. User Guidance & Training: Basic orientation or guidance session for designated personnel on effective use of the Hootsuite dashboard, scheduling tools, monitoring streams, and reporting features. 4. Account & Subscription Management: Assistance with license activation, configuration of social media accounts, and subscription management during the contract period. 5. Service Availability: Ensuring access to the cloud-based Hootsuite platform with high availability in accordance with the provider’s service standards throughout the subscription period.Item: Gamma AI
UNSPSC: Web page creation and editing software
Specifications / Requirements:
The bidder shall provide a one-year subscription/license for Gamma AI Presentation Generator, an AI-powered platform designed for automated creation of presentations, documents, and visual storytelling content. The proposed solution shall include capabilities for AI-assisted slide generation, automated layout design, content structuring, visual enhancements, and collaborative editing features. The solution shall support export options to commonly used presentation formats and allow integration with organizational workflows. Technical Evaluation Criteria (Marks 60): The bidder must provide a 1-year support and subscription plan for Gamma AI Presentation Generator (Annual License), including: 1. Access to Gamma AI Platform: Continuous access to the Gamma AI presentation generator platform for creating AI-powered presentations, documents, and web pages throughout the subscription period. 2. Technical Support: Access to vendor or authorized partner technical support for troubleshooting, account configuration, and issue resolution through email or online support channels. 3. User Guidance & Training: Basic orientation or guidance session for designated personnel on generating AI- based presentations, editing layouts, and exporting content effectively. 4. Account & Subscription Management: Assistance with license activation, account configuration, and subscription management during the contract period. 5. Template & Design Updates: Continuous access to updated presentation templates, layouts, and design elements available within the Gamma AI platform. 6. Service Availability: Ensuring access to the cloud-based Gamma AI platform with high availability in accordance with the provider’s service standards throughout the subscription period. TableItem: Prezi Premium
UNSPSC: Web page creation and editing software
Specifications / Requirements:
The bidder shall provide a one-year subscription/license for Prezi Premium, an advanced presentation platform enabling dynamic, interactive, and visually engaging presentations. The proposed solution shall include features such as zoom-based presentation design, professional templates, multimedia integration, cloud storage, collaboration capabilities, and analytics for presentation performance. The solution shall support presentation sharing, remote presenting, and export options compatible with widely used presentation environments. Technical Evaluation Criteria (Marks 60): The bidder must provide a 1-year support and subscription plan for Prezi Premium (Annual Subscription), including: 1. Access to Prezi Premium Platform: Continuous access to Prezi Premium services for creating dynamic presentations, videos, and visual content throughout the subscription period. 2. Technical Support: Access to vendor or authorized partner technical support for troubleshooting, account configuration, and issue resolution through email or online support channels. 3. User Guidance & Training: Basic orientation or guidance session for designated personnel on effectively creating interactive presentations, using templates, and integrating multimedia content within the Prezi platform. 4. Account & Subscription Management: Assistance with license activation, account setup, and subscription management during the contract period. 5. Template & Design Library Access: Continuous access to updated presentation templates, design elements, and visual assets available within the Prezi platform. 6. Service Availability: Ensuring access to the cloud-based Prezi platform with high availability in accordance with the provider’s service standards throughout the subscription period.Item: ChatGPT Suite
UNSPSC: Application implementation services
Specifications / Requirements:
The bidder shall provide a one-year subscription/license for ChatGPT Suite, including organizational access and API usage credits for advanced artificial intelligence capabilities supporting productivity, research, automation, and software development tasks. The proposed solution shall include AI-powered conversational assistance, text generation, summarization, code generation, document analysis, and integration through APIs for custom applications and workflows. The solution shall provide administrative controls, secure organizational access, and usage monitoring capabilities. Technical Evaluation Criteria (Marks 60): The bidder must provide a 1-year support and subscription plan for ChatGPT Suite (Organizational License + API Credits), including: 1. Access to ChatGPT Organizational Platform: Continuous access to the ChatGPT organizational workspace for AI-assisted content generation, research support, document drafting, and productivity tasks throughout the subscription period. 2. API Access & Usage Credits: Provision of API access along with allocated usage credits for integration of AI capabilities into internal systems, applications, or workflows as required. 3. Platform Updates & Feature Enhancements: Regular updates and improvements to AI models, platform capabilities, security features, and performance provided automatically by the service provider. 4. Technical Support: Access to vendor or authorized partner technical support for troubleshooting, API integration assistance, configuration support, and issue resolution through email or online support channels. 5. User Guidance & Training: Basic orientation or training session for designated personnel on effective utilization of ChatGPT features, API usage, prompt design, and best practices. 6. Account & Subscription Management: Assistance with organizational account setup, user access management, API key configuration, and subscription administration during the contract period. 7. Security & Compliance Updates: Continuous updates related to security, data protection, and platform reliability as provided by the service provider. 8. Service Availability: Ensuring access to the cloud-based AI platform and API services with high availability in accordance with the provider’s service standards throughout the subscription period.Item: Microsoft Project Professional 2024
UNSPSC: Project management software
Specifications / Requirements:
The bidder shall provide a one-year subscription/license for Microsoft Project Professional 2024, including organizational access and support for project planning, scheduling, resource management, and reporting. The proposed solution shall include advanced project management capabilities such as Gantt charts, task dependencies, milestone tracking, resource allocation, portfolio management, and integration with other Microsoft ecosystem tools like Project Online, Project Server, and Teams. The solution shall provide administrative controls, secure organizational access, and usage monitoring capabilities. Technical Evaluation Criteria (Marks 60): The bidder must provide a 1-year support and licensing plan for Microsoft Project Professional 2024, including: 1. Access to Microsoft Project Professional 2024: Continuous licensed access to Microsoft Project Professional 2024 for project planning, scheduling, resource management, and reporting throughout the license/support period. 2. Technical Support: Access to vendor or authorized partner technical support for troubleshooting installation issues, configuration assistance, and resolving software-related problems via email, phone, or online support channels. 3. User Guidance & Training: Basic orientation or guidance session for designated personnel on effectively using project scheduling tools such as Gantt charts, task dependencies, resource allocation, milestone tracking, and reporting features. 4. License & Activation Support: Assistance with software license provisioning, activation, and configuration on designated systems during the contract period. 5. Updates & Security Patches: Access to official updates, bug fixes, and security patches released by Microsoft during the support period. 6. Compatibility & Integration Guidance: Guidance for integration with other Microsoft ecosystem tools such as Microsoft Project Server, Microsoft Project Online, and Microsoft Teams where applicable.Item: Cursor Pro+,
UNSPSC: Application implementation services
Specifications / Requirements:
The bidder shall provide a one-year subscription/license for Cursor Pro+, including organizational access and support for AI-assisted software development. The proposed solution shall include advanced AI-powered code generation, refactoring, debugging, multi-file editing, and project codebase analysis, along with natural language prompts for accelerated coding workflows. The solution shall support multiple AI models (e.g., GPT, Claude, Gemini) and provide integration capabilities with popular development environments and version control systems. Administrative controls, secure organizational access, and usage monitoring capabilities shall be included. Technical Evaluation Criteria (Marks 60): The bidder must provide a 1-year subscription/license for Cursor Pro+ AI Coding Assistant, including: 1. Access to Cursor Pro+ Platform: Continuous access to the Cursor Pro AI-powered code editor for software development, code generation, debugging, and refactoring throughout the subscription period. 2. AI Code Assistance & Autocomplete: Access to advanced AI-powered code completion, natural language code generation, and intelligent suggestions to assist developers in writing and optimizing code efficiently. Cursor Pro provides unlimited tab completions and extended AI agent limits for professional development workflows. 3. Technical Support: Access to vendor or authorized partner support for installation, configuration, troubleshooting, and issue resolution through email or online support channels. 4. AI Model Access & Integration: Access to multiple AI models supported by the platform (such as GPT, Claude, and Gemini models) to assist with code generation, debugging, and codebase analysis within the IDE environment. 5. Workspace Codebase Understanding: Capability for AI to analyze and understand the entire project codebase, enabling multi-file editing, refactoring, and automated code improvements across the project environment. 6. Updates & Feature Enhancements: Access to software updates, improvements, and new features released during the subscription period, including enhancements to AI capabilities and development workflows.For Individual Items
| # | Item Title | Quantity | Unit Price (PKR) | Total Price (PKR) | Delivery Location | Delivery Period / Year | Country of Origin |
|---|---|---|---|---|---|---|---|
| 1 | |||||||
| 2 |
| # | Lot Title | Total Lot Price (PKR) | Country of Origin |
|---|---|---|---|
| 1 | [Lot 1 Title] |
2.1 These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of the Contract.
2.2 In interpreting these Conditions of Contract headings and marginal notes are used for convenience only and shall not affect their interpretations unless specifically stated; references to singular include the plural and vice versa; and masculine include the feminine. Words have their ordinary meaning under the language of the Contract unless specifically defined.
3.1 The contract shall be governed and interpreted in accordance with the laws of Pakistan, unless otherwise specified in SCC.
4.1 The Contract as well as all correspondence and documents relating to the Contract exchanged between the Bidder and the Procuring Agency, shall be written in the English language unless otherwise stated in the SCC. Supporting documents and printed literature that are part of the Contract may be in another language provided these are accompanied by an accurate translation of the relevant passages in English, in which case, for purposes of interpretation of the Contract, this translation shall govern.
5.1 Any notice, request, or consent made pursuant to this Contract shall be in writing and shall be deemed to have been made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telex, telegram, or facsimile to such Party at the address specified in the SCC.
6. Delivery/Location
6.1 The Goods shall be delivered to such locations as the Procuring Agency may approve and as specified in SCC.
7. Authorized Representatives / Authority of Member in charge
7.1 Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Procuring Agency or the Bidder may be taken or executed by the officials specified in the SCC.
8.1 This Contract shall come into effect on the date the Contract is signed by both parties and such other later date as may be stated in the SCC.
9.1 The Bidder shall confirm availability of Key Experts and begin carrying out the Services not later than the number of days after the Effective Date specified in the SCC.
10.1 Before commencement of the Services, the Bidder shall submit to the Procuring Agency for approval a Program showing the general methods, arrangements, order and timing for all activities. The Services shall be carried out in accordance with the approved Program as updated.
11.1 The Bidder shall start carrying out the Services Five (05) days after the date the Contract becomes effective, or at such other date as may be specified in the SCC.
11.2 Unless terminated earlier pursuant to Clause GCC 15 hereof, this Contract shall expire at the end of such time period after the Effective Date as specified in the SCC.
12.1 This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein.
13.1 Any modification or variation of the terms and conditions of this Contract, including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties. However, each Party shall give due consideration to any Bids for modification or variation made by the other Party.
13.2 In cases of any modifications or variations, the prior written consent of the Procuring Agency is required.
14.1 Definition
For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party and which makes a Party’s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances.
14.2 No Breach of Contract
The failure of a Party to fulfill any of its obligations under the contract shall not be considered to be a breach of, or default under, this Contract in so far as such inability arises from an event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event.
14.3 Extension of Time
Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.
14.4 Payments
During the period of their inability to perform the Services as a result of an event of Force Majeure, the Bidder shall be entitled to continue to be paid under the terms of this Contract, as well as to be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the purposes of the Services and in reactivating the Service after the end of such period.
15.1 By the Procuring Agency
The Procuring Agency may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (e) of this Clause. In such an occurrence the Procuring Agency shall give at least thirty (30) calendar days’ written notice of termination to the Bidder in case of the events referred to in (a) through (d); at least sixty (60) calendar days’ written notice in case of the event referred to in (e);
15.2 By the Bidder
The Bidder may terminate this Contract, by not less than thirty (30) calendar days’ written notice to the Procuring Agency, in case of the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause.
16.1 Standard of Performance
16.2 Law Applicable to Goods
The Bidder shall deliver the goods in accordance with the Contract and in accordance with the Law of Pakistan and shall take all practicable steps to ensure that any of its Experts and Sub-Bidders, comply with the Applicable Law.
17.1 Bidder Not to Benefit from Commissions and Discounts.
The remuneration of the Bidder shall constitute the Bidder’s sole remuneration in connection with this Contract or the Services, and the Bidder shall not accept for their own benefit any trade commission, discount, or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations under the Contract, and the Bidder shall use their best efforts to ensure that the Personnel, any Subcontractors, and agents of either of them similarly shall not receive any such additional remuneration.
17.2 Bidder and Affiliates Not to be Otherwise Interested in Project
The Bidder agree that, during the term of this Contract and after its termination, the Bidder and its affiliates, as well as any Subcontractor and any of its affiliates, shall be disqualified from providing Goods for any project resulting from or closely related to the Services.
17.3 Prohibition of Conflicting Activities
Neither the Bidder nor its Subcontractors nor the Personnel shall engage, either directly or indirectly, in any of the following activities:
18.1 Except with the prior written consent of the Procuring Agency, the Bidder and the Experts shall not at any time communicate to any person or entity any confidential information acquired in the course of the contract.
19.1 The Bidder(a) shall take out and maintain, and shall cause any Subcontractors to take out and maintain, at its (or the Subcontractors’, as the case may be) own cost but on terms and conditions approved by the Procuring Agency, insurance against the risks, loss or damage, and for the coverage, as shall be specified in the SCC; and (b) at the Procuring Agency’s request, shall provide evidence to the Procuring Agency showing that such insurance has been taken out and maintained and that the current premiums have been paid.
20.1 The Bidder shall obtain the Procuring Agency’s prior approval in writing before taking any of the following actions:
(a) appointing such members of the Personnel not provided by the Bidder;
(b) changing the Program of activities; and
(c) any other action that may be specified in the SCC.
21.1 The Bidder shall submit to the Procuring Agency the reports and documents in the numbers, and within the periods as prescribed by the Procuring Agency.
22.1 If the Supplier fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the Contract, the Procuring Agency shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in SCC of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delay until actual delivery or performance, up to a maximum deduction of the performance security (or guarantee) specified in SCC. Once the said maximum is reached, the Procuring Agency may consider termination of the Contract pursuant to GCC Clause 15.
22.2 Correction for Over-payment
If the Intended Completion Date is extended after liquidated damages have been paid, the Procuring Agency shall correct any overpayment of liquidated damages by the Bidder by adjusting the next payment certificate. The Bidder shall be paid interest on the overpayment, calculated from the date of payment to the date of repayment, at the rates specified in SCC.
22.3 Lack of performance penalty
If the Bidder has not corrected a Defect within the time specified in the Procuring Agency’s notice, a penalty for Lack of performance will be paid by the Bidder. The amount to be paid will be calculated as a percentage of the cost of having the Defect corrected, assessed as specified in the SCC.
23.1 Within Seven (07) days from the issuance of acceptance letter from the Procuring Agency, the successful Bidder shall furnish the Performance Guarantee in shape of ------- at the discretion of the PA in the amount specified in SCC. In case the amount of Bids security is equal or greater than
23.2 The proceeds of the Performance Guarantee shall be payable to the Procuring agency as compensation for any loss resulting from the Supplier’s failure to complete its obligations under the Contract.
23.3 The Performance Guarantee shall be denominated in the currency of the Contract, or in a freely convertible currency acceptable to the Procuring agency and shall be in the acceptable form as specified in SCC.
23.4 The Performance Guarantee will be discharged by the Procuring agency and returned to the Supplier not later than thirty (30) days following the date of completion of the Supplier’s performance obligations under the Contract, including any warranty obligations, unless otherwise specified in SCC.
24.1 The Procuring Agency requires the Supplier to disclose any commissions or fees that may have been paid or are to be paid to agents or any other party with respect to the Bidding process or execution of the Contract. The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee.
25.1 The Bidder shall conform to the sustainable procurement contractual provisions, if and as specified in the SCC.
26.1 The titles, agreed job descriptions, minimum qualifications, and estimated periods of engagement in the carrying out of the Services of the Bidder’s Key Personnel. The Key Personnel listed by title as well as by name are hereby approved by the Procuring Agency.
27.1 Except as the Procuring Agency may otherwise agree, no changes shall be made in the Key Personnel. If, for any reason beyond the reasonable control of the Bidder, it becomes necessary to replace any of the Key Personnel, the Bidder shall provide as a replacement a person of equivalent or better qualifications.
27.2 If the Procuring Agency finds that any of the Personnel have (i) committed serious misconduct or have been charged with having committed a criminal action, or (ii) have reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Bidder shall, at the Procuring Agency’s written request specifying the grounds thereof, provide as a replacement a person with qualifications and experience acceptable to the Procuring Agency.
27.3 The Bidder shall have no claim for additional costs arising out of or incidental to any removal and/or replacement of Personnel.
28.1 The Procuring Agency shall use its best efforts to ensure that the Government shall provide the Bidder such assistance and exemptions as specified in the SCC.
29.1 If, after the date of this Contract, there is any change in the Applicable Law with respect to taxes and duties which increases or decreases the cost of the related Services rendered by the Bidder, then the remuneration and reimbursable expenses otherwise payable to the Bidder under this Contract shall be increased or decreased accordingly by agreement between the Parties, and corresponding adjustments shall be made to the amounts referred in the SCC.
30.1 The Procuring Agency shall make available to the Bidder and the Experts, for the purposes of the Services and free of any charge, the services, facilities and property described , at the times and in the manner specified in the SCC or terms of reference.
30.2 In case that such services, facilities and property shall not be made available to the Bidder, the Parties shall agree on (i) any time extension that it may be appropriate to grant to the Bidder for the performance of the Services, (ii) the manner in which the Bidder shall procure any such services, facilities and property from other sources, and (iii) the additional payments, if any, to be made to the Bidder as a result thereof.
31.1 The price payable shall be in Pakistani Rupees unless otherwise specified in the SCC. Prices charged by the Supplier for Goods delivered under the Contract shall not vary from the prices quoted by the Supplier in its Bid.
32.1 Payments will be made to the Bidder according to the payment schedule stated in the SCC and as per actual invoice submitted by the Bidder.
32.2 Unless otherwise stated in the SCC, the advance payment shall be made against the provision by the Bidder of a bank guarantee for the same amount, and shall be valid for the period stated in the SCC. Any other payment shall be made after the conditions listed in the SCC for such payment have been met, and the Bidder have submitted an invoice to the Procuring Agency specifying the amount due.
33.1 Any payment under this Contract shall be made in the currency(ies) specified in the SCC.
34.1 The principle and modalities of Inspection of the Goods by the Procuring Agency shall be as indicated in the SCC. The Procuring Agency shall check the Bidder’s performance and notify him of any Defects that are found. Such checking shall not affect the Bidder’s responsibilities. The Procuring Agency may instruct the Bidder to search for a Defect and to uncover and test any service that the Procuring Agency considers may have a Defect. Defect Liability Period is as defined in the SCC.
Lack of Performance Penalty
35.1 The Procuring Agency shall give notice to the Bidder of any Defects before the end of the Contract. The Defects liability period shall be extended for as long as Defects remain to be corrected.
35.2 Every time notice a Defect is given, the Bidder shall correct the notified Defect within the length of time specified by the Procuring Agency’s notice.
35.3 If the Bidder has not corrected a Defect within the time specified in the Procuring Agency’s notice, the Procuring Agency will assess the cost of having the Defect corrected, the Bidder will pay this amount, and a Penalty for Lack of Performance.
36.1 A Supplier shall be entirely responsible for all taxes, duties, fees, etc., incurred until delivery of the contracted Goods to the Procuring Agency.
37.1 The disputes between the parties to the contract may be settled in accordance with Public Procurement Rules, 2004.
37.2 The procuring agency shall refer the matter to the Chief Justice Islamabad High Court or Managing Director PPRA or the Secretary Ministry of Law & Justice for appointment of Arbitrator.
37.3 The fee for the Arbitrator shall be specified in Pak Rupees as determined by the appointing authority which shall be borne and shared equally by the contracting parties.
The following Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the Conditions of Contract. The corresponding clause number of the GCC is indicated in parentheses.
|
Number of GC Clause |
Amendments of, and Supplements to, Clauses in the General Conditions of Contract |
|
GCC 1 |
Definitions The Procuring Agency is: NTISB (National Telecommunication and Information Technology Security Board (NTISB)), Communication Security Officer Block-L, Pak-Sectt., Islamabad Capital Territory The Supplier is: The title of the subject procurement is: Supply of Software for GRC |
|
GCC 3 |
Applicable/Governing Law: The Contract shall be interpreted in accordance with the laws of Islamic Republic of Pakistan |
|
GCC 4 |
Language: The language of the Contract, all correspondence and communications to be given, and all other documentation to be prepared and supplied under the Contract shall be in English. |
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GCC 5 |
Notices: The addresses for the notices are: Procuring Agency: NTISB (National Telecommunication and Information Technology Security Board (NTISB)), Communication Security Officer Contractor/ Bidder: [Name, address and telephone number]. The Contractor/ Bidder’s Representative(s) [Name, address, telephone number and e-mail address]
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GCC 7.1 |
The Authorized Representatives are:
For the Procuring Agency: NTISB (National Telecommunication and Information Technology Security Board (NTISB)), Communication Security Officer For the Bidder: Name: ……………………… Designation: …………….. Address: ……………………………..
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GCC 8 |
Effectiveness of the contract |
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GCC 9 |
Commencement of Contract: |
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GCC 11.2 |
Expiration of Contract: |
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GCC 15 |
Termination In the event of termination of the contract due to any reason as already defined in the General Conditions of Contract, the Bidder shall be responsible for providing to the Authority the Goods till the time of alternate arrangements. |
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GCC 17 |
Conflict of Interest: The Procuring Agency reserves the right to determine on a case-by-case basis whether the Bidder should be disqualified from providing goods or services due to a conflict of a nature described in Clause GCC 17. |
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GCC 22 |
Liquidated Damages If the Bidder fails to provide services as required under the contract or in case of any data loss/data breach or any incident compromising the data security or other such failures related to any services, the Bidder shall pay to the Procuring Agency as Liquidated Damages at a rate of 0.10% to 0.50% of the Contract value, in accordance with the extent of performance failure & the cost of investigating such incidents as judged by the Authority. |
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GCC 23 |
Performance Guarantee: The amount of performance guarantee shall be 10.00% of the contract price in acceptable form of Pay Order, Bank Guarantee, Demand Draft |
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GCC 32 |
Payment terms: Payment will be made to the Bidder against the procured Goods and services according to the actual invoice or running bills submitted by the Bidder against the services provided within the time given in the conditions of the contract. |
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GCC 33 |
Currency of Payment: All the payment to be released to the contractor/Bidder shall be in Pakistani Rupees. |
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GCC 34 |
Identifying Defects: The Authority reserves the right at any time to inspect the premises of the provider to inspect the goods and monitor the goods being provided. Inspections & Tests RequirementsFor conformance to specifications and performance parameters, through Prior to delivery inspection (Inspection Report by Procurement Committee / Inspection Team) For successful operation at site after complete installation, testing and commissioning of the equipment (Installation, Testing and Commissioning Report by Procurement Committee / Inspection Team) Delivery & DocumentsCopies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount; Certificate of Origin. The above documents would be required even if the equipment has already been imported and is available with the supplier ex-stock |
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GCC 37
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Following is the guidance for Dispute Resolution
Notwithstanding any reference to the arbitration herein, the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree that the Authority shall pay the Bidder any monies due to the Bidder. Rules of procedure for arbitration proceedings: Any dispute between the Authority and a Bidder who is a national of the Islamic Republic of Pakistan arising in connection with the present Contract shall be referred to adjudication or arbitration in accordance with the laws of the Islamic Republic of Pakistan including Arbitration Act 1940, however above provision shall prevail in referring the case to the Arbitrator. Place of Arbitration and Award: The arbitration shall be conducted in English language and place of arbitration shall be at Islamabad. The award of the arbitrator shall be final and shall be binding on the parties. |
Date: [insert date (as day, month and year)]
Bid No.:P11387
To: NTISB (National Telecommunication and Information Technology Security Board (NTISB)), Communication Security Officer Block-L, Pak-Sectt., Islamabad Capital Territory
We, the undersigned, declare that:
We understand that, according to your conditions, Bids must be supported by a Bid Securing Declaration.
We accept that we will be blacklisted and henceforth cross debarred for participating in respective category of public procurement proceedings for a period of (not more than) six months, if fail to abide with a bid securing declaration, however without indulging in corrupt and fraudulent practices, if we are in breach of our obligation(s) under the Bid conditions, because we:
We understand this Bid Securing Declaration shall expire if we are not the successful
Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii) twenty-eight (28) days after the expiration of our Bid.
THIS AGREEMENT made the _____ day of __________ 20_____ between NTISB (National Telecommunication and Information Technology Security Board (NTISB)), Communication Security Officer Block-L, Pak-Sectt., Islamabad Capital Territory
(hereinafter called “the Procuring Agency”) of the one part and [name of Bidder] of [city and country of Bidder] (hereinafter called “the Bidder”) of the other part:
WHEREAS the Procuring Agency invited Bids for provision of goods, viz., Supply of Software for GRC (P11387) and has accepted a Bids by the Bidder for the provision of Goods in the sum of [contract price in words and figures] (hereinafter called “the Contract Price”).
NOW THIS CONTRACT WITNESSETH AS FOLLOWS:
1. In this Contract words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part of this Contract, In the event of any ambiguity or conflict between the Contract Documents listed below, the order of precedence shall be the order in which the Contract Documents are listed below:-
3. In consideration of the payments to be made by the Procuring Agency to the Bidder as hereinafter mentioned, the Bidder hereby covenants with the Procuring Agency to provide the Goods related services and to remedy defects therein in conformity in all respects with the provisions of the Contract.
4. The Procuring Agency hereby covenants to pay the Bidder in consideration of the provision of Goods and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the contract at the times and in the manner prescribed by the contract.
IN WITNESS whereof the parties hereto have caused this Contract to be executed in accordance with their respective laws the day and year first above written.
Signed, sealed, delivered by __________________the ________________ (for the Procuring Agency)
Witness to the signatures of the Procuring Agency:
………………………………………………
Signed, sealed, delivered by __________________the ________________ (for the Procuring Agency)
Witness to the signatures of the Bidder: …………………………………………………
Contract Number: Contract Value: Contract Title:
Dated:
[Name of Supplier] hereby declares that it has not obtained or induced the procurement of any contract, right, interest, privilege or other obligation or benefit from Government of Pakistan or any administrative subdivision or agency thereof or any other entity owned or controlled by it (GoP) through any corrupt business practice.
Without limiting the generality of the foregoing [Name of Supplier] represents and warrants that it has fully declared the brokerage, commission, fee etc. paid or payable to anyone and not given or agreed to give and shall not give or agree to give to anyone within or outside Pakistan either directly or indirectly through any natural or juridical person, including its affiliate, agent, associate, broker, consultant, director, promoter, shareholder, sponsor or subsidiary, any commission, gratification, bribe, finder's fee or kickback, whether described as consultations 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] certifies that it has made and will make full disclosure of all agreements and arrangements with 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, representative or warranty.
[Name of Supplier] accepts full responsibility and strict liability for making and false declaration, not making full disclosure, misrepresenting fact or taking any action likely to defeat the purpose of this declaration, representation and warranty. It agrees that any contract, right interest, privilege or other obligation or benefit obtained or procured as aforesaid shall, without prejudice to any other right and remedies available to GoP under any law, contract or other instrument, be voidable at the option of GoP.
Notwithstanding any rights and remedies exercised by GoP in this regard, [Name of Supplier] agrees to indemnify GoP for any loss or damage incurred by it on account of its corrupt business practices and further pay compensation to 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 aforesaid for the purpose of obtaining or inducing the procurement of any contract, right, interest, privilege or other obligation or benefit in whatsoever form from GoP.
To: NTISB (National Telecommunication and Information Technology Security Board (NTISB)), Communication Security Officer Block-L, Pak-Sectt., Islamabad Capital Territory
WHEREAS [name of Bidder] (hereinafter called “the Bidder”) has undertaken, in pursuance of Contract No. [reference number of the contract] dated [insert date] for provision of Goods(hereinafter called “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish you with a Bank Guarantee by a reputable bank for the sum specified therein as security for compliance with the Bidder’s performance obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the Bidders guarantee:
THEREFORE, WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Bidder, up to a total of [amount of the guarantee in words and figures], and we undertake to pay you, upon your first written demand declaring the Bidder to be in default under the Contract and without cavil or argument, any sum or sums within the limits of [amount of guarantee] as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.
This guarantee is valid until the: [insert date]
Signature and seal of the Guarantors
_____________________________________________________________________
[name of bank or financial institution]
_____________________________________________________________________
[address]
_____________________________________________________________________
[date}