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 also available on EPADS v2.0 as well as Authority’s website at (www.ppra.org.pk).
Material Management (Tribal Areas Electric Supply Company (TESCO)), Assistant Private Secretary
307, TESCO H/Q, WAPDA House., Peshawar City, Peshawar (District), Peshawar Division (Division), Khyber Pakhtunkhwa (KP) (Province).
+92-330-505-9033
tesco.mm2026@gmail.com
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
BDS Clause Number 1
ITB Number 1.1
Name of Procuring Agency: Material Management (Tribal Areas Electric Supply Company (TESCO))
The subject of procurement is: Hiring of Company for providing manpower to TESCO
Expected commencement date: Monday, June 15, 2026
BDS Clause Number 2
ITB Number 2.1
Financial year for the operations of the Procuring Agency: 2025-26
Name and identification number of the Contract: P28985
BDS Clause Number 3
ITB Number 4.6
JV/Consortium or Association Allowed: Yes
Number of JV/Consortium Members: 2
BDS Clause Number 4
ITB Number 7.1
The Bidders may seek clarifications through EPADS v2.0: Clarification Date: Monday, May 18, 2026
Pre-Bid Meeting: Thursday, May 14, 2026 10:00 AM
Venue: 307, TESCO H/Q, WAPDA House.
BDS Clause Number 5
ITB Number 8.1
Any addendum, in case issued, shall be published on Material Management (Tribal Areas Electric Supply Company (TESCO)) website and on EPADS v2.0.
BDS Clause Number 6
ITB Number 9.1
List of documents required along with the bid:
BDS Clause Number 7
ITB Number 11.1
The qualification criteria to establish the supply / production capability of the bidder.
see Eligibility Criteria
BDS Clause Number 8
ITB Number 7.6
Services and Their related documents:
See section Required Services and Scope of Work
BDS Clause Number 9
ITB Number 13.1 & 13.2
Price schedule will be provided according to the format defined and acquired.
see section price schedule.
BDS Clause Number 10
ITB Number 7.6.2
Specifications:
see section of specifications.
BDS Clause Number 11
ITB Number 13.5
The price shall be Fixed.
BDS Clause Number 12
ITB Number 15.1
Currency of the Bids shall be : PKR
BDS Clause Number 13
ITB Number 16.1
The Bids/Bid Validity period shall be: 60 Days
BDS Clause Number 14
ITB Number 17.1
The amount of Bid Security shall be as defined in Bid Security Section for items and lots given in BDS 6
The Bid Security shall be in the form of: Pay Order, Banker's Cheque, Call at Deposit, Bank Guarantee, Demand Draft
BDS Clause Number 15
ITB Number 17.3
The Bids security shall be valid for twenty-eight (28) days beyond the expiry of the Bids validity period specified in the bidding documents, for example the bid validity is 180 days so the bid security shall be valid for 180+28 = 208 days.
BDS Clause Number 16
ITB Number 18.1
Alternative Bids to the requirements of the bidding documents will not be permitted.
BDS Clause Number 17
ITB Number 21.1
Bid shall be submitted online on EPADS v2.0 whereas hard copy of the bid security should be submitted to the following;
307, TESCO H/Q, WAPDA House., Peshawar City, Peshawar (District), Peshawar Division (Division), Khyber Pakhtunkhwa (KP) (Province).
Bids that are not submitted on EPADS v2.0 shall be disqualified.
The deadline for Bids submission is: Thursday, May 21, 2026 10:30 AM
BDS Clause Number 18
ITB Number 26.1
The Bids opening shall take place on EPADS v2.0.
Day : Thursday
Date: Thursday, May 21, 2026
Time : 11:00 AM
BDS Clause Number 19
ITB Number 32.1
Selection technique adopted will be: Quality and Cost Based Selection (QCBS)
see Evaluation Criteria
BDS Clause Number 20
ITB Number 49.1
The Performance guarantee shall: 10.00%.
The Performance Guarantee shall be acceptable in the form of: Pay Order, Banker's Cheque, Call at Deposit, Bank Guarantee, Demand Draft
21.
51.1
Arbitrator shall be appointed by mutual consent of the both parties.
BDS Clause Number 22
ITB Number 53.1
Grievence against this procurement shall be submitted online on EPADS v2.0.
| 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) |
NADRA CITIZENSHIP (CNIC/NICOP) FBR (NTN) FBR (GSTN) KPK (KPRA) |
| Eligibility Criteria | Document |
|---|---|
| BASIC ELIGIBILITY CRITERIA FOR SUBMISSION OF BID: a. Name, address & legal status, years of operations of the Company. b. Company profile with relevant experience in Govt/Semi-Govt Companies with description, cost and scope of works / services provided etc. c. Affidavit that the Company has neither been blacklisted nor involved in any corrupt practices. d. Any other information in support of capability and experience of the Company. | Yes |
| e. Minimum 03 Years’ experience in HR Outsourcing preferably with government Sector. f. Registration with SECP, FBR, KPRA, EOBI & KPESSI etc. is compulsory/mandatory. g. The HR Services provider should have a minimum Annual Turnover of Rs.300 million during the last one financial year and shall submit audited financial statements along with tax returns. | Yes |
| GENERAL CONDITIONS: 7.1 The competing Companies should be listed with SECP, FBR, KPRA, EOBI & KPESSI as applicable. 7.2 Only E-Bid will be accepted through EPADs. 7.3 TESCO shall not be responsible for any incomplete bid, which shall be liable to be declared as non-responsive. 7.4 Bidders shall bear all costs associated with the preparation and submission of their Bid and contract signing. | Yes |
| 7.5 TESCO is not bound to accept any proposal and reserves the right to annul the selection process at any time prior to Contract award, without thereby incurring any liability to the Bidders or giving any reason, thereof. 7.6 Any effort by Bidders to influence TESCO in the examination, evaluation, ranking of Bid, and recommendation for award of Contract may result in the rejection of the Bidder’s Proposal. 7.7 All queries must be sent through EPADs. | Yes |
| SCOPE OF WORK: The Manpower providing Company shall provide adequately trained and well-disciplined technical personnel to TESCO in respect of the following categories. The manpower shall be increased / decreased as per the requirement of TESCO during the period of contract. | Yes |
| The Company shall provide manpower to TESCO. The skills of the manpower will be assessed by the Circle committee and thereafter the Company shall be responsible to provide a suitable substitute within one week in the light assessment committee report. | Yes |
| Area Skilled Unskilled Physical & Mental Fitness Fit for live-line operations, emergency response Fit for climbing poles, field assistance Technical Knowledge Distribution system, maintenance, testing equipment etc. Basic Distribution system, climbing, basic awareness Safety & Compliance Full safety codes, SOPs, PPE, rescue operations Safety rules awareness, PPE, basic first aid | Yes |
| Field Skills Fault location/repair, preventive maintenance, independent operations, installation / removal of HT & LT poles/transformer/conductor/energy meters, patrolling & customer care etc. Assisting skilled staff in installation/removal of HT & LT poles/transformer/conductor/energy meters and other allied equipment, patrolling etc. Tools & Equipment Handling/testing of T&P & electrical instruments Handling of T&P under supervision of senior staff Emergency Response Lead role in resto | Yes |
| Matric shall be minimum qualification. The Company shall ensure that the engaged staff is well suited and performs as per scope of work and maintains harmonious and cordial relationships with TESCO employees and consumers. The Company shall always be responsible for any illegal action/ damage or loss to the installed equipment, furniture & | Yes |
| fixtures or to TESCO image by the deployed personnel by means of corruption, bribery, antisocial behavior, harassment at workplace, delayed response, disruptive attitude, undisciplined and un-mannerism etc. The Company undertakes to indemnify TESCO against all or any losses arising out or due to the commission or omission of the engaged staff. The Company shall be responsible to provide a suitable substitute within one week in case of any adverse report against the resource(s) provided. | Yes |
| PROCESS OF HIRING AND BID INSTRUCTION: The interested Bidders shall strictly follow PPRA Rule 36 (b) Single Stage Two Envelopes Procedure for hiring method. The bids shall be evaluated through a separate technical and financial appraisal with 60% and 40% weightage, respectively. Financial bids of only Technically Qualified/Responsive Bidders shall be opened on EPADs. Selection of the Company will strictly be made in accordance with the procedure of Quality and Cost Based Selection (QCBS). | Yes |
| Quality Assurance Guidelines: The Personnel / Staff deputed by Company should be medically fit (Category A as per TESCO Medical Attendance Rules) and should not have any chronic disease/disability/ any other physical & mental health issues that may affect his duty/performance/service. This has to be certified by the concerned District Headquarter Hospital (DHQ). If during the contract period any resource is replaced upon TESCO direction, no additional cost will be charged. | Yes |
| Failure by Company to meet TESCO’s quality requirements shall constitute breach of contract and shall entitle TESCO to terminate the contract, without notice & make good any loss suffered consequently. | Yes |
| TECHNICAL EVALUATION CRITERIA (TEC) i. The Technical bid shall not include any financial information regarding the offered price. A Technical bid containing financial information will be declared non-responsive. ii. The technical bid must contain experience of the Company in Government / semi government organization. iii. The Compulsory required documents list and Marking Criteria are mentioned at Annexure-A and Annexure-B. iv. Bidders fulfilling the Technical Criteria with at least 60 ma | Yes |
| v. Each responsive Bidder will be given Technical Marks (TM). Proposal(s) shall be rejected at that stage if it does not respond to important aspects of the Bid document, and particularly the Terms of Reference (TOR) or if it fails to achieve the minimum technical score indicated above. | Yes |
| FINANCIAL EVALUATION CRITERIA (FEC) The quoted prices shall be in Pak Rupees (PKR) (inclusive of all taxes). i. All the taxes will be deducted at the time of payment as per applicable Laws/Rules. ii. In case of WHT exemption, provide exemption certificate or Government SRO, as the case may be. iii. In case of GST/ST exemption/percentage differentiation, Provide Certificate or Government SRO, as the case may be. i | Yes |
| iv. Within fifteen (15) days of receipt of the notification of contract award, the successful bidder shall furnish to TESCO, the Bank Guarantee / Performance Bond for an amount equivalent to 10% of contract value (tentative value for 1 year). v. The Bank Guarantee / Performance bond shall remain valid and in full force during validity of the contract. vi. The validity of Bank Guarantee / Performance Bond shall be extended by the Bidder if the contract is extended with mutual consent of the par | Yes |
| vii. The cost incurred for establishing the Bank Guarantee / Performance Bond or any extension thereof shall be born the Bidder. viii. The Bank Guarantee / Performance Bond will be discharged after completion of the contract subject to satisfactory performance. | Yes |
| ix. The lowest evaluated Financial Proposal (FL) will be given the maximum financial score of 100 %. The financial bids will be evaluated as follows for respective bidders: FM = 100 x FL / F Where: FM = Financial Marks FL = Lowest financial bid F = Cost of the proposal under consideration | Yes |
| . TERMS & CONDITIONS i. The Company shall ensure the regular supervision and control on the staff deployed by them under due intimation to TESCO management. The staff provided shall carry out all instructions given by the concerned TESCO authorities. The service providing Company shall at all times enforce strict discipline and good order among his employees and shall not employ any unfit person or anyone unskilled and inexperienced in the assigned task. | Yes |
| The Company shall ensure that the staff deployed by it behaves decently and does not indulge themselves in any such activities which are unbecoming behavior on the part of a person working in a Government Office. | Yes |
| ii. The Company shall ensure that the staff engaged by them are not having any adverse police records or criminal cases pending against them or any affiliation with proscribed organizations. The Company shall ensure to obtain the police verification certificates of the staff prior to deployment in TESCO. | Yes |
| iii. Company shall be responsible to make good to any damages, pilferage or loss caused by the personnel engaged to TESCO property. iv. Company shall strictly confine to the indicated places of work and should not be permitted to visit any restricted area premises. Decisions of TESCO regarding the place of work and the restricted areas will be final and binding on the Company. | Yes |
| v. The Company will provide essential tools, techniques, training or other necessary equipment (s) in order to execute their jobs. vi. The Company shall also submit the names, present and permanent residential addresses, CNIC and two copies of the passport size photographs and phone numbers, medical fitness certificate, and police character certificate of its staff to TESCO as per Annexure (hard and soft). | Yes |
| vii. The staff employed by the Service Provider for performance of the contract, shall be of sound health, be mentally alert and physically fit and provide medical certificate to that effect from the concerned District Headquarter Hospitals. The Service Provider shall be bound to change the personnel deployed, if found unsuitable by TESCO and decision of TESCO in this regard shall be final and binding on the Company without any questioning. | Yes |
| viii. The Company shall engage sufficient skilled staff as per requirements to carry out the day-to-day operations. It will adhere to all local laws, Acts, Regulations as laid down by the authorities and shall indemnify the client against breach of Acts, Rules, Laws and Regulations and/or non-compliance thereto by its staff. | Yes |
| ix. The staff will work in an orderly manner without causing damage / loss to TESCO’s property or equipment. The Company is responsible for making good any damage / loss to TESCO’s property / equipment in case of such damage by his staff, the amount as determined by TESCO shall be recovered from the monthly bill. | Yes |
| x. The Company shall issue the identity cards at its own cost and shall be duly intimating TESCO’s Officer In-charge as and when new staff is deployed by him for carrying out the job in TESCO formations. | Yes |
| xi. The staff may be deputed in any shift (morning / evening / night) for 8 working hours and as per requirement of TESCO Field Formations. | Yes |
| xii. Third-party insurance will be provided along with the performance security to TESCO before signing the contract which shall cover the following events: a. Fatal Accident. b. Non-fatal Accident. c. Permanent Disability. d. Temporary Disability. e. Minor/Major Injuries etc. | Yes |
| xiii. During the term of the contract, the Company shall arrange for appropriate E.O.B.I contribution & Social Security. xiv. The Company shall be responsible for compliance of the following: • The contract shall be governed by and interpreted in accordance with the laws of Pakistan bid document and contract document. | Yes |
| • The Company shall, in all matters arising out in the performance of the contract, conform, in all respects, with the provisions of all Federal, Provincial and Local Laws, Statutes, Regulations and By-laws in force in Pakistan and shall give all notices and pay all fees required to be given or paid and keep TESCO indemnified against all penalties and liabilities of any kind for breach of any of the same. | Yes |
| The courts at Peshawar shall have the exclusive territorial jurisdiction in respect of any dispute or difference of any kind arising out of or in connection with the Contract. | Yes |
| • The Company shall be responsible for required contributions towards any other statutory payment and shall deposit these amounts on or before the due dates. It is the duty of the Company to ensure timely payment of statutory dues and in no case, TESCO shall bear any liability in this regard. Any dispute related to these payments shall be dealt with by the Company entirely at his risk and costs. | Yes |
Quality and Cost Based Selection (QCBS)
| Technical Marks | 100 | |
|---|---|---|
| Passing Marks | 60 | |
| Technical Evaluation Criteria for Company Hiring for the supply of Manpower | ||
| Average Annual Turnover: The Company/ Company/Agency having annual turnover of last one year: (Attach Certified audited financial statements, Income Tax Returns and bank statements as proof.) Weightage Above 900 million: 20 marks Above 700 and up to 900 million: 15 marks Above 500 and up to 700 million: 10 marks 300 to 500 million: 05 Marks In Case of no documentary Evidence zero marks shall be awarded. (Quantitative)(Doc Required) | 20 | |
| Years in Business: Weightage Above 11 years : 20 Marks 8 years or more but less than 11 years: 15 marks 5 years or more but less than 8 years: 10 marks 3 years or more but less than 5 years: 5 marks In Case of no documentary evidence zero marks shall be awarded. (SECP registration date) (Quantitative)(Doc Required) | 20 | |
| ISO Certification 19001 Quality Management System 7 ISO 45001 Occupational Health and Safety 7 ISO 14000 Environmental Management System 6 weightage Attached Certificate. In Case of no documentary evidence, zero marks shall be awarded. (Quantitative)(Doc Required) | 20 | |
| Experience of providing manpower: (Copy of Work order/ certificate of completion) Technical experience in Outsourcing of HR services for Governmental Entities/Semi Governmental entities/Industrial Plants. List of clients with address and details weightage 16 and above: 20 marks 11-15: 15 marks 6-10: 10 marks 1-5: 05 marks (At least 100 No. Manpower work order shall be considered) In Case of no documentary evidence zero marks shall be awarded. (Quantitative)(Doc Required) | 20 | |
| Total Number of Outsourced Resources (Copy of Work order/ certificate of completion) Weightage Outsourced staff 1500-2000: 20 marks 1000-1500: 15 marks 500-1000: 10 marks Up to 500: 5 marks In Case of no documentary evidence zero marks shall be awarded. (Quantitative)(Doc Required) | 20 | |
Positions Without Lots :
| Position | Delivery Schedule | Quantity | Bid Security |
|---|---|---|---|
| Lineman |
Address: 307, TESCO H/Q, WAPDA House., Peshawar City, Peshawar (District), Peshawar Division (Division), Khyber Pakhtunkhwa (KP) (Province). Schedule: 45 Days Quantity: 36 |
36 | 842400 |
| Assistant Line man |
Address: 307, TESCO H/Q, WAPDA House., Peshawar City, Peshawar (District), Peshawar Division (Division), Khyber Pakhtunkhwa (KP) (Province). Schedule: 45 Days Quantity: 36 |
36 | 777600 |
Yes
| Position | Related Services |
|---|---|
| Lineman | Maintenance and fault clearance and new assigned job. |
| Assistant Line man | As a helper work with lineman. |
Positions Without Lots :
Position: Lineman
Specifications / Requirements:
As per eligibility criteria .Position: Assistant Line man
Specifications / Requirements:
As per eligibility criteria.SCOPE OF WORK:
The Manpower providing Company shall provide adequately trained and well-disciplined technical personnel to TESCO in respect of the following categories. The manpower shall be increased / decreased as per the requirement of TESCO during the period of contract.
The Company shall provide manpower to TESCO. The skills of the manpower will be assessed by the Circle committee and thereafter the Company shall be responsible to provide a suitable substitute within one week in the light assessment committee report.
|
Area |
Skilled |
Unskilled |
|
Physical & Mental Fitness |
Fit for live-line operations, emergency response |
Fit for climbing poles, field assistance |
|
Technical Knowledge |
Distribution system, maintenance, testing equipment etc. |
Basic Distribution system, climbing, basic awareness |
|
Safety & Compliance |
Full safety codes, SOPs, PPE, rescue operations |
Safety rules awareness, PPE, basic first aid |
|
Field Skills |
Fault location/repair, preventive maintenance, independent operations, installation / removal of HT & LT poles/transformer/conductor/energy meters, patrolling & customer care etc. |
Assisting skilled staff in installation/removal of HT & LT poles/transformer/conductor/energy meters and other allied equipment, patrolling etc. |
|
Tools & Equipment |
Handling/testing of T&P & electrical instruments |
Handling of T&P under supervision of senior staff |
|
Emergency Response |
Lead role in restoration of power supply and fault clearance |
Support role in emergencies |
For Individual Positions
| # | Position 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] |
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
Definitions
The Procuring Agency is: Material Management (Tribal Areas Electric Supply Company (TESCO)), Assistant Private Secretary 307, TESCO H/Q, WAPDA House., Peshawar City, Peshawar (District), Peshawar Division (Division), Khyber Pakhtunkhwa (KP) (Province).
The Supplier is:
The title of the subject procurement is:Hiring of Company for providing manpower to TESCO
Number of GC Clause 2
Applicable/Governing Law:
The Contract shall be interpreted in accordance with the laws of Islamic Republic of Pakistan
Number of GC Clause 3
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.
Number of GC Clause 4
Notices:
The addresses for the notices are:
Procuring Agency:
Material Management (Tribal Areas Electric Supply Company (TESCO)), Assistant Private Secretary
307, TESCO H/Q, WAPDA House., Peshawar City, Peshawar (District), Peshawar Division (Division), Khyber Pakhtunkhwa (KP) (Province).
+92-330-505-9033
tesco.mm2026@gmail.com
Contractor/ Bidder:
[Name, address and telephone number].
The Contractor/ Bidder’s Representative(s)
[Name, address, telephone number and e-mail address]
Number of GC Clause 6.1
The Authorized Representatives are:
For the Procuring Agency:
Material Management (Tribal Areas Electric Supply Company (TESCO)), Assistant Private Secretary
307, TESCO H/Q, WAPDA House., Peshawar City, Peshawar (District), Peshawar Division (Division), Khyber Pakhtunkhwa (KP) (Province).
+92-330-505-9033
tesco.mm2026@gmail.com
For the Bidder:
Name: ………………………
Designation: ……………..
Address: ……………………………..
Number of GC Clause 7
Effectiveness of the contract
The Contractor/Bidder shall be effective within ….. days from the date of signature of the Contract by both parties
Number of GC Clause 8
Commencement of Contract:
The Contractor/ Bidder shall provide Non-Consultancy Services from the effective date of contract.
Number of GC Clause 10.2
Expiration of Contract:
The time period shall be ………………….
Number of GC Clause 14
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.
Number of GC Clause 16
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.
Number of GC Clause 20
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 0.50% to 10.00% of the Contract value, in accordance with the extent of performance failure & the cost of investigating such incidents as judged by the Authority.
Number of GC Clause 21
Performance Guarantee:
The amount of performance guarantee shall be 10.00% of the contract price in acceptable form of Pay Order, Banker's Cheque, Call at Deposit, Bank Guarantee, Demand Draft
Number of GC Clause 27
Currency of Payment:
All the payment to be released to the contractor/Bidder shall be in Pakistani Rupees.
Number of GC Clause 28
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.
Number of GC Clause 29
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.
Number of GC Clause 31
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.
Arbitrator’s fee:
The fee shall be specified in Pak Rupees, as determined by the Arbitrator, which shall be shared equally by both parties.
Appointing Authority for Arbitrator:
By the Mutual Consent or in accordance with the provisions of Arbitration Act, 1940, in case the parties fail to reach a consensus on the name of sole arbitrator, any party may submit an application to the Chief Justice Islamabad High Court for appointment of sole arbitrator. The Chief Justice IHC may appoint a former judge of any High Court or Supreme Court as the sole arbitrator to resolve the dispute between the parties.
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.:P28985
To: Material Management (Tribal Areas Electric Supply Company (TESCO)), Assistant Private Secretary 307, TESCO H/Q, WAPDA House., Peshawar City, Peshawar (District), Peshawar Division (Division), Khyber Pakhtunkhwa (KP) (Province).
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 Material Management (Tribal Areas Electric Supply Company (TESCO)), Assistant Private Secretary 307, TESCO H/Q, WAPDA House., Peshawar City, Peshawar (District), Peshawar Division (Division), Khyber Pakhtunkhwa (KP) (Province).
(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., Hiring of Company for providing manpower to TESCO (P28985) 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: Material Management (Tribal Areas Electric Supply Company (TESCO)), Assistant Private Secretary 307, TESCO H/Q, WAPDA House., Peshawar City, Peshawar (District), Peshawar Division (Division), Khyber Pakhtunkhwa (KP) (Province).
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}