REQUEST FOR BIDS

Bids Data Sheet (BDS)

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: Bacha Khan International Airport, Peshawar (Pakistan Airports Authority (PAA)) The subject of procurement is: Provisioning of New Earthing Pits for CNS equipment at Cherat Approach, Saidu Sharif and BKIAP Peshawar Expected commencement date: Monday, September 21, 2026
2.	2.1	Financial year for the operations of the Procuring Agency: 2026-27 Name and identification number of the Contract: P24029
3.	3.1	JV/Consortium or Association Allowed: No Number of JV/Consortium Members: Nil
B. Bidding Documents
4.	6.2 & 6.4	The Bidders may seek clarifications through EPADS v2.0: Clarification Date: Tuesday, September 1, 2026
5.	7.2	Any addendum, in case issued, shall be published on Bacha Khan International Airport, Peshawar (Pakistan Airports Authority (PAA)) website  and on EPADS v2.0.
C. Preparation of Bids
6.	8.1	List of documents required along with the bid: (a) Company Profile. (b) Certificate of incorporation /Memorandum & Article of Association or Partnership Deed / Sole Proprietorship etc. (as applicable) (c) Active Taxpayer Status (ATL), NTN and Professional Tax Certificates. (d) Valid Certification/ License by the Pakistan Engineering Council (PEC) i.e. C-6 (or above). (e) PEC relevant Specialization Codes EE-04 & EE-11. (f) Affidavit on non-judicial stamp paper to the effect that the firm has not been blacklisted by any Government, Semi Government and Autonomous Body. (g) Details of any arbitration / litigation of similar proceeding against any Govt. / Autonomous / Private body showing extent and results. (h) List of equipment and machinery owned / leased by the firm. (i) Details of technical staff including Engineers / Diploma Holders
7.	9.1	The qualification criteria to establish the supply / production capability of the bidder. see Eligibility Criteria
8.	11.2	Works and Their related documents: See section Required Scope of Work
9.	11.1	Price schedule will be provided according to the format defined and acquired. see section price schedule.
10.	11.4	Specifications: see section of specifications.
11.	11.5 & 13.5	The price shall be Fixed. The bid price shall be adjusted in accordance with Appendix provided – Formula for Price Adjustment.
12.	14.1	Currency of the Bids shall be : PKR
13.	16.1	The Bids/Bid Validity period shall be: 180 Days
14.	17.1	The amount of Bid Security shall be as defined in Bid Security Section for items and lots given in BDS 6
15.	17.2	The Bid Security shall be in the form of:
16.	15.1	Alternative Bids to the requirements of the bidding documents will not be permitted.
D. Submission of Bids
17.	18.1 & 21.1	Bid shall be submitted online on EPADS v2.0 whereas hard copy of the bid security should be submitted to the following; Bacha Khan International Airport, Peshawar - Pakistan Airports Authority, 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, September 3, 2026 11:00 AM
E. Opening and Evaluation of Bids
18.	24.1	The Bids opening shall take place on EPADS v2.0. Day : Thursday Date: September 03, 2026 Time : 11:30 AM
19.	30.2	Selection technique adopted will be: Least Cost Based Selection (LCBS) see Evaluation Criteria
F. Award of Contract
20.	41.1 & 41.2	The Performance guarantee shall: 5.00%. The Performance Guarantee shall be acceptable in the form of: Pay Order, Call at Deposit, Bank Guarantee
21.	45.1	Arbitrator shall be appointed by mutual consent of the both parties.
G. Review of Procurement Decisions
22.	37	Grievance against this procurement shall be submitted online on EPADS v2.0.

A. General

1. Definitions
   1. Unless the context otherwise requires, the following terms whenever used in this Contract shall have the same meaning and shall be interpreted as  indicated
      1. “Applicable Law” means the laws and any other instruments having the force of law in the Government’s Country, or in such other country as may be specified in the Special Conditions of the Contract (SC), as they may be issued and in force from time to time;
      2. “The Contract” means an agreement enforceable by law;
      3. “The Contract Price” means the price payable to the Contractor under the Contract for the full and proper performance of its contractual obligations;
      4. “The Services” means the work to be performed by the Contractor pursuant to this Contract and as prescribed in the Specifications and Schedule of Activities included in the Contractor’s Bid;
      5. “Ancillary Services” means those services ancillary to the provision of Services, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance, training, and other such obligations of the Contractor covered under the Contract;
      6. “GCC” means the General Conditions of Contract contained in this section;
      7. “SCC” means the Special Conditions of Contract by which the GCC may be amended or supplemented;
      8. “Day” means calendar day unless indicated otherwise;
      9. “Effective Date” means the date on which this Contract comes into force and effect;
      10. “The  Contractor” means the individual or corporate body whose Bids to provide the Services has been accepted by the Procuring Agency;
      11. “The Project Site,” where applicable, means the place or places named in Bid Data Sheet and technical Specifications;
      12. “Government” means the Government of Pakistan;
      13. “Local Currency” means the currency of Pakistan;
      14.  “In Writing” means communicated in written form with proof of receipt;
      15. “Completion Date” means the date of completion of the Services by the Contractor  as certified by the Procuring Agency;
      16. “Foreign Currency” means any currency other than the currency of the country of the Procuring Agency;
      17. “Party” means the Procuring Agency or the Contractor, as the case may be, and “Parties” means both of them;
      18.  "Service" means any object of procurement other than goods or works;
      19. “Subcontractor” means any entity to which the Bidder subcontracts any part of the Services.
2. Applicable Law
   1. The contract shall be governed and interpreted in accordance with the laws of Pakistan, unless otherwise specified in SCC.
3. Language
   1. The Contract as well as all correspondence and documents relating to the Contract exchanged between the Contractorand 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.
4. Notices
   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.
5. Location
   1. The Services shall be performed at such locations as the Procuring Agency may approve and as specified in SCC.
   2. A {DOCUMENTS}
6. Authorized Representatives / Authority of Member in charge
   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 Contractor may be taken or executed by the officials specified in the SCC.

B. Commencement, Completion, Modification, and Termination of Contract

7. Effectiveness of Contract
   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.
8. Commencement of Services
   1. The Contractor 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.
9. Program schedule
   1. Before commencement of the Services, the Contractor 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.
10. Starting Date/Expiration Date
    1. The Contractor 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.
    2. Unless terminated earlier pursuant to Clause GCC 14 hereof, this Contract shall expire at the end of such time period after the Effective Date as specified in the SCC.
11. Entire Agreement
    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.
12. Modification
    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 modification(s) or variation(s) made by the other Party.
    2. In cases of any modification(s) or variation(s), the prior written consent of the Procuring Agency is required.
13. Force Majeure
    1. Definition
       For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Contractor and which makes a Contractor’s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances.
    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.
    3. Extension of Time
       Any period within which a Contractor 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.
    4. Payments
       During the period of their inability to perform the Services as a result of an event of Force Majeure, the Contractor 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.
14. Termination
    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 Contractor 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);
       1. If the Contractor fails to remedy a failure in the performance of its obligations hereunder, as specified in a notice of suspension;
       2. If the Contractor becomes (or, if the Contractor consists of more than one entity, if any of its members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary;
       3. If the Contractor fails to comply with any final decision reached as a result of arbitration proceedings;
       4. If, as the result of Force Majeure, the Contractor is unable to perform a material portion of the Services for a period of not less than sixty (60) calendar days;
       5. If the Procuring Agency, in its sole discretion and for any reason whatsoever, decides to terminate this Contract;
    2. By the Contractor
       The Contractor 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.
       1. If the Procuring Agency fails to pay any money due to the Contractor pursuant to this Contract and not subject to dispute within forty-five (45) calendar days after receiving written notice from the Contractor that such payment is overdue;
       2. If, as the result of Force Majeure, the Contractor is unable to perform a material portion of the Services for a period of not less than sixty (60) calendar days;
       3. If the Procuring Agency fails to comply with any final decision reached as a result of arbitration;
       4. If the Procuring Agency is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty-five (45) days (or such longer period as the Bidder may have subsequently approved in writing) following the receipt by the Procuring Agency of the Contractor’s notice specifying such breach.

C. Obligations of the Contractor

15. General
    1. Standard of Performance
       1. The Contractor shall perform the Services and carry out the Services with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Contractor shall always act, in respect of any matter relating to this Contract or to the Services, as a faithful adviser to the Procuring Agency, and shall at all times support and safeguard the Procuring Agency’s legitimate interests in any dealings with the third parties;
       2. The Contractor shall employ and provide such qualified and experienced Experts and Sub-Contractors as are required to carry out the Services.
    2. Law Applicable to Services
       The Contractor shall perform the Services 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. 
16. Conflict of Interests
    1. Contractor Not to Benefit from Commissions and Discounts
       The remuneration of the Contractor shall constitute the Contractor’s sole remuneration in connection with this Contract or the Services, and the Contractor 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 Contractor 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.
    2. Contractor and Affiliates Not to be Otherwise Interested in Project
       The Contractor agree that, during the term of this Contract and after its termination, the Contractor and its affiliates, as well as any Subcontractor and any of its affiliates, shall be disqualified from providing Services (other than the Services and any continuation thereof) for any project resulting from or closely related to the Services.
    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:
       1. during the term of this Contract, any business or professional activities in the Government’s country which would conflict with the activities assigned to them under this Contract;
       2. during the term of this Contract, neither the Contractor nor their Subcontractors shall hire public employees in active duty or on any type of leave, to perform any activity under this Contract;
       3. after the termination of this Contract, such other activities as may be specified in the SCC.
17. Insurance to be Taken Out by the Contractor
    1. The Contractor(a) shall take out and maintain, and shall cause any Subcontractors to take out and maintain, at its (or the Sub-contractors’, as the case may be) own cost but on terms and conditions approved by the Procuring Agency, insurance against the risks, 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.
18. Contractor’s Actions Requiring Procuring Agency’s Prior Approval
    1. The Contractor shall obtain the Procuring Agency’s prior approval in writing before taking any of the following actions:
       1. appointing such members of the Personnel not provided by the Contractor;
       2. changing the Program of activities; and
       3. any other action that may be specified in the SCC.
19. Reporting Obligations
    1. The Contractor shall submit to the Procuring Agency the reports and documents in the numbers, and within the periods as prescribed by the Procuring Agency.
20. Liquidated Damages
    1. Payments of Liquidated Damages
       The Contractor shall pay liquidated damages to the Procuring Agency at the rate per day stated in the SCC for each day that the Completion Date is later than the Intended Completion Date.  The total amount of liquidated damages shall not exceed the amount defined in the SCC.  The Procuring Agency may deduct liquidated damages from payments due to the Contractor.  Payment of liquidated damages shall not affect the Contractor’s liabilities.
    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 Contractor by adjusting the next payment certificate.  The Contractor shall be paid interest on the overpayment, calculated from the date of payment to the date of repayment, at the rates specified in SCC.
    3. Lack of performance penalty
       If the Contractor 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 Contractor. The amount to be paid will be calculated as a percentage of the cost of having the Defect corrected, assessed as specified in the Contractor
21. Performance Guarantee
    1. Within the time stipulated in the acceptance letter from the Procuring Agency, the successful Bidder shall furnish the Performance Guarantee in shape and amount specified in SCC.
    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.
    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.
    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.
22. Sustainable Procurement
    1. The Contractor shall conform to the sustainable procurement contractual provisions, if and as specified in the SCC.

D. Contractor’s Personnel

23. Description of Personnel
    1. The titles, agreed job descriptions, minimum qualifications, and estimated periods of engagement in the carrying out of the Services of the Contractor’s Key Personnel.  The Key Personnel listed by title as well as by name are hereby approved by the Procuring Agency.
24. Removal and / or Replacement of Personnel
    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 Contractor, it becomes necessary to replace any of the Key Personnel, the Contractor shall provide as a replacement a person of equivalent or better qualifications.
    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 Contractor 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.
    3. The Contractor shall have no claim for additional costs arising out of or incidental to any removal and/or replacement of Personnel.

E. Obligations of the Procuring Agency

25. Change in the Applicable Law
    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 Services rendered by the Contractor, then the remuneration and reimbursable expenses otherwise payable to the Contractor 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.
26. Services and Facilities
    1. The Procuring Agency shall make available to the Contractor and the Experts, for the purposes of the Services and free of any charge, the services, facilities and property described in the Terms of Reference, at the times and in the manner specified in the Terms of Reference.
    2. In case that such services, facilities and property shall not be made available to the Contractor, the Parties shall agree on (i) any time extension that it may be appropriate to grant to the Contractor for the performance of the Services, (ii) the manner in which the Contractor shall procure any such services, facilities and property from other sources, and (iii) the additional payments, if any, to be made to the Contractor as a result thereof.

F. Payments to the Contractor

27. Contract Price
    1. The price payable shall be in Pakistani Rupees unless otherwise specified in the SCC.
28. Terms and Conditions of Payment
    1. Payments will be made to the Contractor according to the payment schedule stated in the SCC and as per actual invoice submitted by the Contractor.
    2. Unless otherwise stated in the SCC, the advance payment shall be made against the provision by the Contractor 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 Contractor have submitted an invoice to the Procuring Agency specifying the amount due.
29. Quality Control Identifying Defects
    1. The principle and modalities of Inspection of the Services by the Procuring Agency shall be as indicated in the SCC. The Procuring Agency shall check the Contractor’s performance and notify him of any Defects that are found.  Such checking shall not affect the Contractor’s responsibilities.  The Procuring Agency may instruct the Contractor 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.
    2. A {INSPECTION}
30. Correction of Defects, and Lack of Performance Penalty
    1. The Procuring Agency shall give notice to the contractor 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.
    2. Every time notice a Defect is given; the contractor shall correct the notified Defect within the length of time specified by the Procuring Agency’s notice.
    3. If the contractor 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 contractor will pay this amount, and a Penalty for Lack of Performance.
31. Settlement of Disputes Amicable Settlement
    1. The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or its interpretation.
32. Dispute Settlement
    1. Arbitration
       If any dispute of any kind whatsoever shall arise between the procuring agency and the contractor in connection with or arising out of the Contract, including without prejudice to the generality of the foregoing, any question regarding its existence, validity or termination, or the execution of the contract, the parties shall seek to resolve any such dispute or difference by mutual consultation. If the parties fail to resolve such a dispute or difference even after negotiations or mediation, then the dispute shall be referred within fourteen (14) days in writing by either party to the Arbitrator, with a copy to the other party.
       Any dispute in respect of which a notice of intention to commence arbitration has been given, in accordance with GCC sub-clause 32.1, shall be finally settled by arbitration. Arbitration may be commenced prior to or after completion of the Contract. Arbitration proceedings shall be conducted in accordance with Arbitration Act 1940.
       Notwithstanding any reference to arbitration herein, the parties shall continue to perform their respective obligations under the Contract unless otherwise agreed. The Procuring Agency shall continue to pay the Contractor any undisputed amounts due under the Contract during the resolution of any dispute.

SECTION VIII. SPECIAL CONDITIONS OF CONTRACT

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

Number of GC Clause 1

Definitions

The Procuring Agency is: Bacha Khan International Airport, Peshawar (Pakistan Airports Authority (PAA)), Divisional Engineer Bacha Khan International Airport, Peshawar - Pakistan Airports Authority, Peshawar City, Peshawar (District), Peshawar Division (Division), Khyber Pakhtunkhwa (KP) (Province).

The Supplier is:

The title of the subject procurement is: Provisioning of New Earthing Pits for CNS equipment at Cherat Approach, Saidu Sharif and BKIAP Peshawar

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:

Bacha Khan International Airport, Peshawar (Pakistan Airports Authority (PAA)), Divisional Engineer
Bacha Khan International Airport, Peshawar - Pakistan Airports Authority, Peshawar City, Peshawar (District), Peshawar Division (Division), Khyber Pakhtunkhwa (KP) (Province).
+92-312-914-8869
meetkarim015@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:

Bacha Khan International Airport, Peshawar (Pakistan Airports Authority (PAA)), Divisional Engineer
Bacha Khan International Airport, Peshawar - Pakistan Airports Authority, Peshawar City, Peshawar (District), Peshawar Division (Division), Khyber Pakhtunkhwa (KP) (Province).
+92-312-914-8869
meetkarim015@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 0.05% 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 5.00% of the contract price in acceptable form of Pay Order, Call at Deposit, Bank Guarantee

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.

Inspections & Tests Requirements

For the Country of Origin as quoted by the Supplier (Certificate from manufacturer)

For 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)

Possession of Site(Substitute the clause 6 with following text)6.1 The Divisional Engineer shall, together with the written order to commence the Works, grant the Contractor possession of such portions of the Site as are necessary to enable the Contractor to commence and carry out the Works in accordance with the programme referred to in Clause 10, subject to any sequencing or phasing requirements prescribed in the Contract.

Thereafter, and from time to time as the Works progress, the Divisional Engineer shall grant possession of further portions of the Site, as required for execution of the Works with due dispatch, provided such possession aligns with the Contractor’s reasonable proposals as approved by the Divisional Engineer.

The Contractor shall submit any such proposals for staging of site possession in writing to the Divisional Engineer for review and approval, and no right to possession shall arise unless and until expressly granted by the Divisional Engineer.

PAA shall not be liable for any delay or claim arising from staged or partial possession of the Site, provided such staging is consistent with the Contract or approved programme.

The Contractor shall, within fifteen (15) days of receiving the Letter of Acceptance, submit a detailed Programme of Works to the Divisional Engineer for approval. The Programme shall include all activities, including mobilization, and clearly identify critical path items using a computerized Critical Path Method (CPM) format. The Programme shall be updated monthly, incorporating a chart of forecasted principal activities, an updated cash flow schedule for payments.

Necessary to reflect actual progress. It shall serve as the baseline for assessing progress and determining Liquidated Damages under Clause 29. Monthly progress reports shall include an up-to-date analysis of actual versus planned progress, identification of current or emerging critical items, and the Contractor’s proposed measures for mitigation.

Expenditure on account of laboratory testing to ascertain suitability of materials and all other required tests etc. shall be borne by the Contractor

Extension of time for completion: (For works with a contract price exceeding the financial limit prescribed for PEC Constructor Registration Category C-6, as revised from time to time, Clause 24 shall be substituted with the following text)

24.1 In the event of: (a) the amount or nature of extra or additional work, (b) exceptionally adverse climatic conditions, (c) any delay, impediment or prevention by the PAA, or (d) other special circumstances which may occur, other than through a default of or breach of contract by the Contractor for which he is responsible, being such as fairly to entitle the Contractor to an extension of the Time for Completion of the Works, or any Section or part thereof,

the Divisional Engineer shall, after due consultation with the Contractor, determine the amount of such extension and shall notify the Contractor accordingly. Provided that the Divisional Engineer is not bound to take into account any extra additional work or other special circumstances unless the Contractor has within fourteen (14) days after such work has been commenced or such circumstances have arisen,

delivered to the representative of the Divisional Engineer full and detailed particulars of any claim for extension of time to which he may consider himself entitled in order that such claim may be investigated at the time.

In the event of termination by the Divisional Engineer, the Contractor shall have the right to file an appeal before the Director General PAA, within seven (07) days from the receipt of such termination notice. The decision of the Director General PAA shall be final and binding.

Liquidated damages for delay : The amount of Liquidated Damages for each day of delay in completion of the whole of the Works, or if applicable for any Section thereof, shall be imposed at the rate of 0.05% of Contract Price as stated in Letter of Acceptance for each day of delay in completion of the Works. Provided that the amount of Liquidated Damages for delay shall not exceed ten(10) per cent of the Contract Price as stated in Letter of Acceptance in all cases.

In cases where liquidated damages have been imposed or have been proposed to be imposed, the amount to be retained in lieu of Security Deposit during the Maintenance Period shall be based on the cost of works executed, and not the reduced amount to be paid to the Contractor after imposition of liquidated damages.

Where a work has been delayed beyond the stipulated date of completion, the Contractor shall be required to extend the securities and insurances as per the revised dates at his own cost.

Suspension of Works: Partial / complete suspension in work is likely to take place during emergency operations and VIP movements etc. labour, equipment, and material, etc. shall be removed from the site of work during such suspension periods to a distance for essential security requirements. No compensation whatsoever on this account shall be claimed by the Contractor for those losses likely to occur.

All such unforeseen disruptions during working hours may result in idleness of manpower and equipment and waste of material, etc. for which no compensation shall be paid to the Contractor.31.3 No compensation is payable for interruption in the work due to any reason beyond the control of PAA.

Care of Works: The Construction materials should be stacked at a suitable place as per the direction of the Divisional Engineer or his representative. The work shall be so arranged as not to cause any disturbance to the passengers / functionaries and other agencies working at the airport.

Valuation of Works: For works items described in the priced bill of quantities (BoQ), the valuation of works shall be made as per the evaluated rates provided in the corrected priced BoQ, and For work items not described in the priced bill of quantities (BoQ) but available in the Pak PWD Schedule of Rates (SoR), the valuation of works shall be made on pro rata basis, and For work items neither described in the priced bill of quantities (BoQ) nor available in the Pak PWD Schedule of Rates .

The valuation of works shall be made on the basis of actual cost (market rates) plus a lumpsum of twenty-five per cent (25%) as overheads and profit.

Period of Maintenance: Period of Maintenance or Defects Liability Period shall be of Twenty Four months duration.

Increase or Decrease of Cost: The Price Adjustment shall be applicable only for the Contracts having stipulated completion period greater than eighteen months and contract price exceeding financial limit of PEC Constructor’s Registration Category C-3 as amended from time to time. Contracts having stipulated completion period less than or equal to eighteen months and value equal to or less than the abovesaid limit will be considered as fixed price contracts.

Payments to Contractor: PAA shall release payment to the Contractor within fifty-six (56) calendar days from the date of certification of the Contractor’s bill by the Divisional Engineer. Should payment be delayed beyond this period, a simple interest at the rate of zero-point zero five percent (0.05%) per annum shall accrue on the unpaid amount, calculated from the day immediately following the due date until the date of actual payment.

Settlement of Disputes: Any difference or dispute arising between the PAA and the Contractor regarding the interpretation, execution, or performance of any provision of this Contract shall be referred exclusively to the Director General PAA, whose decision shall be final, conclusive, and binding on both parties. The Contractor shall not initiate or pursue any legal proceedings or remedies in relation to such matters.

This shall be without prejudice to the rights of the parties under the applicable laws.

Authenticity of Financial Instruments: Any financial instrument, submitted by the Contractor as Bid Security, and Performance Guarantee, if found fake or dishonoured by the issuing bank / financial institution at any pre- / post-contractual stage shall, in addition to any criminal liability, call for blacklisting of the Contractor.

Obligations of the Contractor: The Contractor, during the execution of works, shall be responsible for following the instructions and directions of the Divisional Engineer or his representative only.

The Contractor shall be responsible to provide and use quality construction material as per the specifications, and to the satisfaction of the Divisional Engineer. The Contractor shall strictly adhere to all design requirements and technical specifications established by the Design Engineer and approved by PAA. The charges of which shall be borne by the Contractor, but the additional quantity of any materials used in executing the Works shall be paid as per Contractor’s quoted rate.

The Contractor shall clean the existing rusty steel by approved means at his own cost and no compensation whatsoever shall be given to the Contractor. The Contractor will be fully responsible to arrange security clearance of his workmen employed on the job in accordance with the rules requirements enforced at the time of execution and shall not be entitled for any compensation whatsoever on account of wastage of time and labour due to any reason.

The Contractor shall enclose the work / site area as per direction of the Divisional Engineer or his representative at his own cost. He will also ensure safety of workers as well as passenger(s) and airport staff during and after the work hours. The Contractor shall submit a list of fittings, fixtures, equipment etc.to be dismantled as approved by Engineer In charge accordingly.

Generally, the works will be carried in accordance with Electrical Act 1910 read with Electricity Rules 1937 and any amendments thereto, Pak PWD Specifications for Electrical Works & latest editions of I.E.E rules of Building Equipment. All wires & Cables to be used for executions of work will be copper conductors

Damages done by the contractor during execution of work will be made good by the Contractor as per Engineering specifications and to the complete satisfaction of the Divisional Engineer. The contractor will perform all types of tests as directed by E&M Engineer In charge after/ before executions of his work & will submit test reports in this regard if required.

Cost of samples of materials will not be claimed & test charges for all required tests as instructed by the E&M Engineer from Govt. or other authorities will be borne by the contractor without any extra claim of this effect.

Any equipment / items during execution / testing / commissioning & during maintenance period if burnt out / malfunctioning or broken will be replaced by the contractor without any extra cost.

The earth resistance of all earthing pits established must be less than 1 ohm and the same value shall be maintained by the contractor throughout maintenance period.

Materials / Equipments supplied / installed be of the following approved make:-Wires & Cables - AGE,PAK,Newage,Pioneer,AlliedCopper Plate - Pure Copper of mentioned dimensionSaddle - Copper or equivalent

Delivery & Documents

Copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount;

Copies of the packing list identifying contents of each package;

Insurance Certificate;

Manufacturer’s or Supplier’s Valid Warranty Certificate;

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

Number of GC Clause 31

Following is the guidance for Dispute Resolution

1. If any dispute of any kind whatsoever shall arise between the Authority and the Bidder in connection with or arising out of the Contract... (full clause unchanged)
2. At future of negotiation the dispute shall be resolved through mediation...
3. At failure of mediation, arbitration under Arbitration Act 1940...
4. Cost sharing equally...
5. Proceedings may commence before/after completion...

Notwithstanding any reference to the arbitration herein, the parties shall continue to perform their respective obligations under the Contract.

Rules of procedure for arbitration proceedings:

Any dispute between the Authority and a Bidder shall be referred to arbitration under the laws of Pakistan including Arbitration Act 1940.

Place of Arbitration and Award:

The arbitration shall be conducted in English language and place shall be Islamabad. The award shall be final and binding.

Form 9: Bid Securing Declaration

Date: [insert date (as day, month and year)]

Bid No.:P24029

To: Bacha Khan International Airport, Peshawar (Pakistan Airports Authority (PAA)), Divisional Engineer Bacha Khan International Airport, Peshawar - Pakistan Airports Authority, 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:

1. have  withdrawn  or  modified  our  Bid  during  the  period  of  Bid  Validity specified in the Form of Bid;
2. Disagreement to arithmetical correction made to the Bid price; or
3. having been notified of the acceptance of our Bid by the Procuring Agency during the period of Bid Validity, (i) failure to sign the contract if required by Procuring Agency to do so or (ii) fail or refuse to furnish the Performance Security or to comply with any other condition precedent to signing the contract specified in the Bidding Documents.

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.

 

SECTION IX: CONTRACT FORMS

 

THIS AGREEMENT made the _____ day of __________ 20_____ between Bacha Khan International Airport, Peshawar (Pakistan Airports Authority (PAA)), Divisional Engineer Bacha Khan International Airport, Peshawar - Pakistan Airports Authority, 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., Provisioning of New Earthing Pits for CNS equipment at Cherat Approach, Saidu Sharif and BKIAP Peshawar (P24029) 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:-

1. This form of Contract;
2. the Form of Bids and the Price Schedule submitted by the Bidder;
3. the Schedule of Requirements;
4. the Technical Specifications;
5. the Special Conditions of Contract;
6. the General Conditions of the Contract;
7. the Procuring Agency’s Letter of Acceptance; and
8. [add here: any other documents]

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: …………………………………………………

 

 

Integrity Pact

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC. PAYABLE BYTHE SUPPLIERS OF GOODS, SERVICES & WORKS IN  CONTRACTS WORTH RS.10.00 MILLION OR MORE

 

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.

Performance Guarantee Form

 

To:     Bacha Khan International Airport, Peshawar (Pakistan Airports Authority (PAA)), Divisional Engineer Bacha Khan International Airport, Peshawar - Pakistan Airports Authority, 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}

PAA Contract Documents Annexure A

Unknown

Past Experience and Completed Contracts

Historical Contract Non-Performance, and Pending Litigation and Litigation History

Financial Capacity and Net Worth Evaluation Form

Average Annual Turnover