A. General

B. Contents of the Prequalification Documents

Sections of Prequalifica¬tion Documents

1. Scope of Application
   1. In connection with the “Invitation for Prequalification”, the Procuring Agency, as defined in Section II (Prequalification Data Sheet abbreviated as PDS), issues this set of  Prequalification Documents (PD) to prospective applicants (also hereinafter referred as Applicants) interested in submitting applications (also hereinafter referred as Applications) to determine the capacity and capability of the Applicant(s) for supply of Goods and Related Services incidental thereto as specified in Section VII (Schedule of Requirements). 
2. Source of Funds
   1. Source of funds is same as referred in Invitation for Pre-qualification.
3. Fraud and Corruption
   1. The Procuring Agency requires that the Applicants /Bidders/ Suppliers/Contractors under Government financed contracts, observe the highest standard of ethics during the procurement and execution of such agreements and contracts.
   2. The Applicants/Bidders shall permit and shall cause their agents (whether declared or not), sub-contractors, sub-consultants, service providers, suppliers, and their personnel, to permit the Procuring Agency to inspect all accounts, records and other documents relating to any, Application/Bid submission, Secondary Procurement process, and to have them audited by auditors appointed by the Procuring Agency.
   3. Any communications between the Applicant and the Procuring Agency related to matters of alleged corrupt and fraudulent practices must be made in writing or in electronic forms that provide record of the content of communication.
   4. Procuring Agency will reject an application or bid or proposal, if it is established that the Applicant or the Bidder or Prosper was engaged in corrupt and fraudulent practices in competing for the contract. 
   5. Procuring Agency will also declare the Applicant as blacklisted in accordance with rules and predefined standard mechanism.
4. Eligible Applicants
   1.  An Applicant may be a private entity, a state-owned enterprise or institution subject to ITB 4.6, or any combination of such entities in the form of a joint venture (JV) under an existing JV agreement or with the intent to enter into such an agreement supported by a letter of intent.
      In case of single (private or state-owned entity), it shall be liable for execution of all the provisions of the Contract Agreement.
      In the case of a joint venture, all members shall be jointly and severally liable for the execution of all the provisions of the Contract Agreement (if signed b/w the Procuring Agency and the JV), in accordance with the Contract conditions that apply.
      The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Prequalification process, Bidding process (in the event the prequalified JV submits a Bid) and during the period of contract agreement and contract execution (in the event the JV is awarded the Contract). Unless specified in the PDS, there is no limit on the number of members in a JV.
   2. An Applicant may apply for Prequalification both individually, and as part of a joint venture, or participate as a subcontractor. If prequalified as a JV only, it will not be permitted to bid for the same contract as an individual entity. Bids submitted in violation of this provision will be rejected.
   3. An Applicant and any of its affiliates (that directly or   indirectly control, are controlled by or are under common control with that entity) may submit its Application for Prequalification either individually, as joint venture or as a sub-contractor among them for the same contract. However, if prequalified only one prequalified Applicant will be allowed to bid for the same contract. All Bids submitted in violation of this provision will be rejected.
   4. Applicants shall be considered to have a conflict of interest, if they participated as a consultant in the preparation of the design or technical specifications or have been hired or proposed to be hired by the Procuring Agency for execution of subsequent Contract Agreement. In addition, Applicants may be considered to have a conflict of interest if they have a close business or family relationship with such professional staff of the Procuring Agency (or a recipient of a part of the funds) who: 
      1. are directly or indirectly involved in the preparation of the Prequalification Documents or Bidding Documents or specifications of Contract and/or the Prequalification or Bid evaluation process of such Contract; or
      2. would be involved in the implementation or supervision of such Agreement t, unless the conflict stemming from such relationship has been resolved throughout the Procurement Process, Bidding.
   5. An Applicant that has been declared debarred or blacklisted shall be ineligible to be prequalified to bid  for such period of time and for such type of procurement for which he has been declared debarred or blacklisted. The list of debarred firms and individuals is available at PPRA’s website.
   6. An Applicant shall provide such documentary evidence for determining the eligibility of the Applicant to the reasonable satisfaction of the Procuring Agency.
5. Eligibility (in terms of Nationality)
   1. Applicants may be ineligible if they are nationals of ineligible countries as indicated in Section V. 

B. Contents of the Prequalification Documents

1. Sections of Prequalification Documents
   1. This set of Prequalification Documents consists of Parts 1 and 2 which comprise all the sections indicated below, and which should be read in conjunction with any Addendum issued in accordance with ITA 8.
      PART 1 Prequalification Procedures PART 2 Supply Requirements
      • Section I -    Instructions to Applicants (ITA)
      • Section II - Prequalification Data Sheet (PDS)
      • Section III - Qualification Criteria and Requirements
      • Section IV - Application Forms
      • Section V - Eligible Countries
      • Section VI - Fraud and Corruption
      • Section VII – Schedule of Requirements 
   2. The Procuring Agency accepts no responsibility for the completeness of the Prequalification documents, responses to requests for clarification, the minutes of the pre-Application meeting (if any), or Addenda to the Prequalification documents in accordance with ITA 8. In case of any discrepancies, documents issued directly through ePADS shall prevail.
   3. The Applicant is expected to examine all instructions, forms, and terms in the Prequalification Documents and to furnish with its Application all information or documentation as is required by the Prequalification Documents.
2. Clarification of Pre-qualification Documents and Pre-Application Meeting
   1. An Applicant requiring any clarification of the Pre-qualification Documents shall contact the Procuring Agency in writing through ePADS as. The Procuring Agency will respond in writing through ePADS to any request for clarification provided that such request is received no later than three (03) days prior to the deadline for submission of the Applications. The Procuring Agency shall forward a copy of its response to all prospective Applicants through ePADS who have obtained the Prequalification Documents from ePADS , including a description of the inquiry but without identifying its source. If so indicated in the PDS, the Procuring Agency shall also promptly publish its response  through ePADS . Should the Procuring Agency deem it necessary to amend the Prequalification Documents as a result of a clarification, it shall do so in accordance with the provisions of ITA 16.2.
   2. If indicated in the PDS, the Applicant’s designated representative is invited at the Applicant’s cost to attend a pre-Application meeting through online platform / EPADS v2.0 as per date and time mentioned in the PDS. During this Pre-Application meeting, prospective Applicants may request clarification of the schedule of requirement, the qualification criteria or any other aspects of the Pre-qualification Documents.
   3. Minutes of the Pre-Application meeting, if applicable, including the text of the questions asked by Applicants, including those during the meeting (without identifying the source) and the responses given, together with any responses prepared after the meeting will be transmitted promptly through ePADS to all prospective Applicants who have obtained the Pre-qualification Documents. Any modification to the Pre-qualification Documents that may become necessary as a result of the pre-Application meeting shall be made by the Procuring Agency exclusively through the use of an Addendum pursuant to ITA 8 and through EPADS v2.0. Non-attendance at the pre-Application meeting will not be a cause for disqualification of an Applicant.
3. Amendment of Prequalifica¬tion Documents
   1. At any time prior to the deadline for submission of Applications, the Procuring Agency may amend the Prequalification Documents by issuing an Addendum through EPADS v2.0
   2. Any Addendum issued shall be part of the Prequalification Document and shall be communicated in writing through ePADS to all Applicants who have obtained the Prequalification Documents from the Procuring Agency. The Procuring Agency shall promptly publish the Addendum at the Procuring Agency’s web page and EPADS v2.0.
      Provided that an Applicant who had already submitted their Applications prior to the issuance of any such addendum shall have the right to withdraw his already submitted Application and submit the revised Application prior to the original or extended Application submission deadline through EPADS v2.0.
   3. To give Applicants reasonable time to take an Addendum into account in preparing their Applications, the Procuring Agency may at its discretion, extend the deadline for the submission of Applications in accordance with ITA 16.2: 
      Provided that the Procuring Agency shall extend the deadline for submission of Applications, if such an addendum is issued within last three (03) days of the Application submission deadline.

C. Preparation of Applications

1. Cost of Applications
   1. The Applicant shall bear all costs associated with the preparation and submission of its Application. The Procuring Agency will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Pre-qualification process.
2. Language of Application
   1. The Application as well as all correspondence and documents relating to the Pre-qualification exchanged by the Applicant and the Procuring Agency, shall be written in the language specified in the PDS. Supporting documents and printed literature that are part of the Application may be in another language, provided they are accompanied by an accurate translation of the relevant passages in the language specified in the PDS, in which case, for purposes of interpretation of the Application, the translation shall govern.
3. Documents Comprising the Application
   1. The Application shall comprise the following:
      1. Application Submission Letter, in accordance with ITA 12.1;
      2. Eligibility: documentary evidence establishing the Applicant’s eligibility, in accordance with ITA 13.1;
      3. Qualifications: documentary evidence establishing the Applicant’s qualifications, in accordance with ITA 14; and
      4. any other document required as specified in the PDS. 
   2. Application Submission Letter
      1. The Applicant shall complete an Application Submission Letter as provided in Section IV (Application Forms). This Form must be completed without any alteration to its format.
   3. Documents Establishing the Eligibility of the Applicant
      1. To establish its eligibility in accordance with ITA 4, the Applicant shall complete the eligibility declarations in the Application Submission Letter and Form ELI-1.1 (eligibility), included in Section IV (Application Forms).
   4. Documents Establishing the Qualifications of the Applicant
      1. To establish its qualifications to perform the contract(s) in accordance with Section III (Qualification Criteria and Requirements), the Applicant shall provide the information requested in the corresponding Information Sheets included in Section IV (Application Forms).
      2. Wherever an Application Form requires an Applicant to state a monetary amount, Applicants should indicate the Pak Rupee equivalent using the rate of exchange determined as follows:
         1. for turnover or financial data required for each year - Exchange rate prevailing on the last day of the respective calendar year (in which the amounts for that year is to be converted).
         2. value of single contract - Exchange rate prevailing on the date of the contract.
      3. Exchange rates shall be taken from the publicly available source identified in the PDS. Any error in determining the exchange rates in the Application may be corrected by the Procuring Agency.
      4. The documentary evidence of the Applicant’s qualifications to conclude a contract Agreement, shall establish to the Procuring Agency’s satisfaction:
         1. that, if required in the BDS, an Applicant that does not manufacture or produce the Goods it offers to supply shall submit the Manufacturer’s Authorization using the form included in Section IV A (Bidding Forms) to demonstrate that it has been duly authorized by the manufacturer or producer of the Goods to supply these Goods in the Procuring Agency’s Country;
         2. that, if required in the BDS, in case of an Applicant not doing business within Islamic Republic of Pakistan (or the country where the procurement is being made), the Applicant is, or will be, (if awarded the call off contract) represented by an Agent in the country, equipped and able to carry out the Supplier’s maintenance, repair, and spare parts stocking obligations in respect of the Goods.

D. Submission of Applications

1. Submission of the Applications through EPADS v2.0
   1. The Bidder shall prepare and submit Bid with due diligence after carefully reading all the terms and condition before submission through ePADS in accordance with the procedures specified in the PDS.
   2. In case the Applicant is a JV, the Application shall submit an authorized representative of the JV on behalf of the JV and so as to be legally binding on all the members as evidenced by a power of attorney signed by their legally authorized signatories.
2. Deadline for Submission of Applications
   1. Applicants shall be submitted through ePADS no later than the deadline indicated in the PDS.
   2. If required in accordance with the provisions of ITA 8.3, the Procuring Agency will extend the deadline for the submission of Applications, in which case all rights and obligations of the Procuring Agency and the Applicants subject to the previous deadline shall thereafter be subject to the deadline as extended.
   3. The deadline will be extended in the same manner as that of original Invitation for Prequalification (or the advertisement) through EPADS v2.0.
3. Opening of Applications
   1. The Procuring Agency shall open all Applications on the date and time specified in the PDS through EPADS v2.0. Late Applications shall be treated in accordance with ITA 16.1.

E. Procedures for Evaluation of Applications

1. Confidentiality
   1. Information relating to the Applications, their evaluation and results of the Prequalification shall not be disclosed to Applicants or any other persons not officially concerned with the Prequalification process until the notification of Prequalification results is made to all Applicants in accordance with ITA 26 through EPADS v2.0.
   2. From the deadline for submission of Applications to the time of notification of the results of the Prequalification in accordance with ITA 26, any Applicant that wishes to contact the Procuring Agency on any matter related to the Prequalification process may do so only in writing through EPADS v2.0
2. Clarification of Applications
   1. To assist in the evaluation of Applications, the Procuring Agency may, ask an Applicant for a clarification (including missing documents) of its Application, to be submitted within a stated reasonable period of time. Any request for clarification from the Procuring Agency and all clarifications from the Applicant shall be in writing through EPADS v2.0
   2. If an Applicant does not provide clarifications and/or documents requested by the date and time set in the Procuring Agency’s request for clarification, its Application shall be evaluated based on the information and documents available at the time of evaluation of the Application.
3. Responsiveness of Applications
   1. The Procuring Agency may reject any Application which is not responsive to the requirements of the Prequalification Documents. In case the information furnished by the Applicant is incomplete or otherwise requires clarification as per ITA 19.1, and the Applicant fails to provide satisfactory clarification and/or missing information within prescribed time, it may result in disqualification of the Applicant.
4. Margin of Preference
   1. Unless otherwise specified in the PDS, a margin of preference shall not apply in the Bidding process resulting from this Pre-qualification.
5. Sub-contractors
   1. Subcontractors’ qualification and experience will not be considered for evaluation of the Applicant. The Applicant on its own (without taking into account the qualification and experience of the Subcontractor) should meet the qualification criteria.

F. Evaluation of Applications and Prequalification of Applicants

1. Evaluation of Applications
   1. The Procuring Agency shall use the factors, methods, criteria, and requirements defined in Section III, Qualification Criteria and Requirements, to evaluate the qualifications of the Applicants, and no other methods, criteria, or requirements shall be used. The Procuring Agency reserves the right to waive minor deviations from the qualification criteria if they do not materially affect the technical capability and financial resources of an Applicant to perform the contract, however subject to the provisions of ITA 25.
   2. Subcontractors proposed by the Applicant shall be fully qualified for their parts of the Scope of Supply of the Goods and Allied Services.
   3. In case of multiple contracts, Applicants should indicate in their Applications the individual contract or combination of contracts in which they are interested.  The Procuring Agency shall prequalify each Applicant for the maximum combination of contracts for which the Applicant has thereby indicated its interest and for which the Applicant meets the appropriate aggregate requirements. The Qualification Criteria and Requirements are mentioned in Section III. 
      Only the qualifications of the Applicant shall be considered.  The qualifications of other related entities such as the Applicant’s subsidiaries, parent entities, affiliates, subcontractors or any other firm(s) different from the Applicant shall not be taken into consideration in determining the qualifications of the Applicant.
2. Procuring Agency’s Right to Accept or Reject Applications
   1. The Procuring Agency reserves the right to accept or reject all the Applications, and to annul the Prequalification process at any time, without thereby incurring any liability to the Applicants.  However, the procuring agency shall record its reasons and justifications on EPADS v2.0, duly approved by the Principal Accounting Officer or Head of Organization.
3. Pre-qualification of Applicants
   1. All Applicants whose Applications substantially meet or exceed the specified qualification requirements will be prequalified by the Procuring Agency.
   2. An Applicant may be “conditionally prequalified,” that is, qualified subject to the Applicant submitting or correcting certain specified nonmaterial documents or deficiencies to the satisfaction of the Procuring Agency. 
   3. Applicants that are conditionally prequalified will be so informed along with the statement of the condition(s) which must be met to the satisfaction of the Procuring Agency before or at the time of submitting their Bids.
4. Notification of Prequalification
   1. The Procuring Agency shall notify all Applicants in writing through EPADS v2.0 indicating the names of those Applicants who have been prequalified or conditionally prequalified. In addition, those Applicants who have been disqualified will be informed separately through EPADS v2.0.
   2. The procuring agency shall communicate to those suppliers or contractors who have not been pre-qualified the reasons for not pre-qualifying them through EPADS v2.0
5. Request for Bids
   1. Promptly after the notification of the results of the Prequalification, the Procuring Agency will invite the Bids from all the Applicants that have been prequalified through EPADS v2.0.
6. Changes in Qualifications of Applicants
   1. Any change in the structure or formation of an Applicant after being prequalified in accordance with ITA 25 and invited to bid (including, in the case of a JV, any change in the structure or formation of any member thereto) shall be subject to the written approval of the Procuring Agency prior to the deadline for submission of Bids. Such approval shall be denied if:
      1. a prequalified Applicant proposes to associate with a disqualified Applicant or in case of a disqualified joint venture, any of its members;
      2. as a consequence of the change, the Applicant no longer substantially meets the qualification criteria set forth in Section III, Qualification Criteria and Requirements; or
      3. in the opinion of the Procuring Agency, the change may result in a substantial reduction in competition. 
   2. Any such change should be submitted to the Procuring Agency before the date of “Invitation to Bids”. 
7. Redressal of Grievances
   1. Procuring agency shall constitute a Grievance Redressal Committee (GRC) and proceed in accordance with the procedure and mechanism defined under Rule-48 of Public Procurement Rules, 2004.
   2. The GRC shall not have any of the members of Procurement Evaluation Committee. The committee must have one subject specialist depending on the nature of the procurement. 
8. Mechanism of Blacklisting
   1. The procuring agency shall initiate blacklisting or debarment proceedings  against any bidder, supplier or contractor in accordance with the mechanism prescribed under Rule-19 of Public Procurement Rules, 2004 read with “Mechanism for Blacklisting Regulations, 2024”.