Local Bidding Documents

LOCAL BIDDING DOCUMENTS

TENDER NO. 1943/DIST.

FOR THE SUPPLY OF

T & P ITEMS

MATERIAL MANAGEMENT DIRECTORATE LAHORE ELECTRIC SUPPLY COMPANY 22-A Queens Road, Lahore

1 INVITATION FOR BIDS

Lahore Electric Supply Company (LESCO) invites sealed bids from PEPCO / WAPDA / DISCO’s Pre-qualified / Registered manufacturers or Suppliers, registered with Income Tax and Sales Tax Department, for supply of following material:- TENDE Date & Time UNI R DESCRIPTION OF STORE QTY Submission of Opening of T NO. Bids Bids Nos Earth Resistance Tester 50 . Nos Magger 1000 V 150 . 20.04.2017 20.4.2017 1943 Nos At 10:30 A.M At 11:00 A.M Clip on Meter (Volt Amp) 500 . Nos Voltage Detector 200 .

Bidding documents, containing detailed terms and conditions, method of procurement, procedure for submission of bids, bid security, bid validity, opening of bid, evaluation criteria, clarification / rejection of bids, performance guarantee etc., are available for the interested bidders at 3rd Floor, Room No.312 office of the Chief Engineer (Material Management) LESCO Ltd., 22-A Queens Road, Lahore. Price of bidding documents is Rs.1,000/- for each tender (non- refundable). Bidding documents can also be downloaded from website at www.lesco.gov.pk free of cost just for reading / information. Un-registered firms with WAPDA/ PEPCO/DISCOs can also participate in the above tenders by depositing 4% amount of the quoted price in shape of earnest money (valid for 120-days) along-with their tender bid.

The bids, prepared in accordance with the instructions in the bidding documents, must reach at 3rd Floor, Room No.312 office of the Chief Engineer (Material Management) LESCO Ltd., 22-A Queens Road, Lahore on or before above mentioned closing time & date of each tender. Bids will be opened on the same day at aforesaid date & time. This advertisement is also available on PPRA website at www.ppra.org.pk

3 LAHORE ELECTRIC SUPPLY COMPANY MATERIAL MANAGEMENT DIRECTORATE 22-A Queens Road Lahore Ph. # 99204842, Fax # 99204843

BID SCHEDULE FOR TENDER NO.1943 / LESCO  Due by 10:30 AM on 20.04.2017  Tender will be opened at 11:00 AM on 20.04.2017 Dy. Manager (M.M)  Tender shall remain valid for 120-days after opening date. LESCO Ltd. Lahore Name of Bidder ______FCS Unit Rate in Item Specification Qty Description of Stores Pak Rs. W/O No (amended to date) Nos 17% GST 1 Earth Resistance Tester PD-89 : 2003 50 2 Magger 1000 V DD-PD-72:02 150 3 Clip on Meter (Volt Amp) PD-67 500 4 Voltage Detector PD-96 200

Note:- i- This tender is governed by General Conditions of Contract for purchase by WAPDA dated 12/8/1984, amended to date and latest purchase procedure PPRA-2004 amended to date. ii- Samples of offered material is compulsory along-with the bid otherwise will be declared as “Non Responsive”. iii- In case of any change in the specification, the latest amended specification shall govern accordingly. Delivery Period:- “50% quantity of each item shall be supplied within 60-days and 50% quantity from 61st day to 120-day. Early supply shall also be acceptable. The delivery period shall commence from the date of issue of purchase order or date of Establishment of L/C or from the date of approval of Prototype (if applicable). SPECIAL CONDITIONS: 1. In case of any specific occurrence the shares will be distributed on the basis of previous performance in supplies against DISCOs Purchase Orders, manufacturing capacity / capability etc. 2. Conditional Bids / Rates will not be entertained / accepted. 3. Bid submission / Tender opening date & timings shall be observed strictly. 4. You have to submit the requisite Certificate dully filled in, regarding the Declaration of Fees, Commission & Brokerage etc paid by you about Goods, Services & Works. 5. Cartel / pool rates are strictly prohibited. The firms found involved in collusive practice shall be dealt under PPRA Rules / PEPCO instructions. 6. In case of holiday announced by the Govt. of Pakistan, strike in LESCO or any other reasons what so ever due to which this office remains closed on the above scheduled tender opening date, the tender will be opened on next working day at same time and place / venue. Stamp & Signature of bidders

4 GENERAL CONDITIONS: 1. Method of Procurement: Single stage one envelope procedure as per PPRA Clause-36(a) shall be adopted for open competitive bidding. Each bid shall comprise one single envelope containing financial proposal and technical proposal (if any).

2. Only one FCS rate should be quoted for supply of Stores at Regional Store Shalamar, Lahore without involving any foreign exchange element. The rate shall be quoted for full quantity of respective items and the bidders shall not be allowed to quote partial quantity in an item / the tender. 3. The quoted FCS prices, exclusive of applicable percentage of sales tax shall be firm and final and not subject to escalation for any reason what so ever. The conditional prices shall not be accepted. 4. The prices include the present duties, taxes and 0.5% inspection fee. In case however the present duties and taxes are increased or new taxes/duties are imposed on finished goods by the Govt. during the currency of the Contract, the same will be paid extra on production of documentary evidence. In case of decrease in duties/taxes by Govt., the price will be decreased accordingly.

5. Bid Bond / Security: In order to be considered, the tender must be accompanied by bid security equal to 2% (for registered suppliers/manufacturers) and 4% (for un-registered suppliers / manufacturers) of the total amount quoted by a bidder valid for 120-days after the date of tender opening in the form of Bank Draft or Pay Order drawn on a schedule Bank of Pakistan or in lieu thereof a Bank / Bid Guarantee issued by a Schedule Bank of Pakistan on the specified Proforma. The same should be attached with financial proposal. In case, the tenderer withdraws his tender / offer during the period of tender validity or successful tenderer fails to furnish the required Performance Security or sign the Contract Agreement/ Acknowledgment of the Purchase Order, the amount of Bid Bond / Tender Security will be forfeited in favour of LESCO. The Bid Security from any Insurance Company will not be acceptable in any case and Bid will be liable for rejection.

6. Performance Bond / Security: Successful bidder will have to submit a Performance Security in the shape of Bank Draft / Bank Guarantee from a Scheduled Bank of Pakistan on the prescribed form valid for 12-months from the receipt of last consignment, equal to 5% (for registered suppliers / manufacturers) and 10% (for un-registered suppliers / manufacturers) of the total value of contract within 7-days from the date of issue of LOI. In case of further delay due to late submission of performance bond, Purchase Order may be issued after deducting the delayed period from the legitimate delivery schedule mentioned in the LOI or bidding documents. Bank Guarantee shall be furnished on non-judicial stamp paper of value as prescribed by the Government. The Performance security shall be furnished with the acceptance of Letter of Intent and before the formal issuance of the Purchase Order. WAPDA Bonds, as security in lieu of tender/bid guarantee/earnest money or performance bond as per procedure in vogue, are also acceptable.

7. The material shall be strictly according to WAPDA / PEPCO Standard Specifications (amended-to-date). For items necessitating prototype approval;

a) If you do not possess the prototype approval for the offered material within last three (3) years, you shall have to obtain the prototype approval from the office of C.E. (D&S) NTDC / PEPCO before start of mass production. Drawings and prototype samples for prototype testing shall be submitted within 30-days from the date of issue of purchase order to Chief Engineer (D&S) NTDC / PEPCO. The Chief Engineer (D&S) NTDC / PEPCO will accord approval of offered prototype within 30-days from the date of receipt of prototype sample. All expenses including testing charges, Traveling, Boarding / Loading & Daily Allowance etc, of two PEPCO Engineers shall be borne by the manufacturer. The testing will be carried out at manufacturer’s premises/HV&SC Lab Rawat/RTL Faisalabad or any other Lab of International repute like KEMA Holland, CRIEPI Lab Japan, CESI Lab Italy to be approved by Chief Engineer (D&S) NTDC / PEPCO.

5 b) If the prototype sample fails, the material shall be improved and re-offered for prototype testing to Chief Engineer (D&S) NTDC / PEPCO. The time taken for improvement in sample and re-submission of drawings will not entitle the manufacturer to claim extension in delivery period on this account. c) Any changes suggested in the material and drawings during prototype testing for compliance of specifications and purchase orders shall have to be incorporated without any extra price claim. 8. The word WAPDA E.D. for marking if specified in the specification shall be replaced with the word “THE LAHORE ELECTRIC SUPPLY COMPANY” or LESCO, with PO No. & year of manufacturing together with other essential markings.

9. Warranty: Warranty and Packing of the offered material shall govern as per above mentioned standard specification. 10.Evaluation Criteria: a) Technical and Commercial Evaluation / Comparison of tender bids will be carried out on item / lot-wise FCS unit price basis.

b) Bid will be considered non-responsive if the bidder’s previous two-year performance against WAPDA/DISCOs/ local / international contracts is not satisfactory.

c) The material shall be supplied as per legitimate delivery schedule strictly according to WAPDA Standard specifications (amended-to-date).

d) Any deviations in tender specification shall be liable for the rejection of tender.

e) Arithmetical errors will be rectified on the following basis:- i. If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected. If there is a discrepancy between the words and figures the amount in words shall prevail. ii. If there is a discrepancy between the total Tender price entered in Form of Tender and the total shown in Schedule of Prices. The amount stated in the Form of Tender will be corrected by the Purchaser/Engineer in accordance with the Corrected Schedule of Prices. iii. If the Tenderer does not accept the corrected amount of Tender, his Tender will be rejected and his Tender Security forfeited. iv. Tenders indicating the delivery beyond date specified in Tender Schedule will be declared non-responsive. v. The bidder must be registered with Income Tax and Sales Tax Department. 10.1. Bid may be rejected forthwith if:- i- The bidder submits substantially incomplete bid or only the copies of the bid are submitted without original bid. ii- The bid is submitted on other than the prescribed from or is incomplete or conditional. iii- The bid is illegible in any material, part or contains alternations, additions, deletions, erasers or other irregularities. iv- Not accompanied with a bid guarantee or with insufficient or unacceptable bid guarantee. v- Submitted by a bidder who has previously failed to perform properly works of similar nature vi- Bid is in some way connected with bids submitted under names different from his own. vii- The offer is not accompanied with schedule of technical data and schedule of deviation (if any) duly filled in and signed (in duplicate).

6 7 11. INSPECTION:- Inspection of the material will be carried out at your works by the authorized representatives of Chief Engineer (MI) NTDC and LESCO, if required by the purchaser / competent authority. Notice in writing shall have to be given to the office of C.E (M.I) NTDC by you under intimation to this office when the store against the order is ready for inspection. All reasonable facilities as provided in the specifications or followed by the Industry or Trade in General shall have to be afforded to the Inspecting Officer by you at your expense for carrying out inspection. Stage inspection can also be carried out if necessary. 12. PAYMENT CLAUSE: 100% payment (against T&P head) will be made directly by Chief Financial Officer LESCO Limited Lahore or through confirmed & irrevocable inland letter of credit at sight from nationalized bank of Pakistan. All charges relating to L/C opening and negotiation together with subsequent amendments shall be borne by the contractor. The payment / negotiation of L/C will be made on presentation of following documents:- a) Invoice of the supplied material in triplicate duly approved by Sr. Manager (M.M) LESCO and pre-audited by the Chief Financial Officer LESCO. b) Delivery Challan duly acknowledged by the consignee. c) GRN issued by Regional Store Manager Shalamar LESCO Ltd. Lahore. d) Warranty Certificate. e) Inspection Certificate issued by authorized representative of Chief Engineer, Material Inspection NTDC / LESCO inspection team. f) Confirmation letter of acceptance of performance Security by the Sr. Manager (MM) LESCO. g) Copy of General Sales Tax / Excise Duty Invoice. h) 1/5th of GST amount will be deducted at the time of making payment as per FBR rules. i) The manufacturer / supplier in its invoices shall also give an undertaking, in case of omission of any deduct-able amount; LESCO’s claim at any later stage (through pre-audit / post audit) shall be acceptable to them. j) While raising invoice for the material supplied, the firm shall vividly mention the account number as well as the name of the bank and branch enabling CFO office to release payment thereof accordingly. k) As per directions of FBR dated. 3.9.2015 conveyed vide C.E (Operation) PEPCO vide letter No. 1918-28 dated. 17.09.2015, the payment to the registered persons may be linked with the active taxpayer status of the suppliers as per FBR database. If any registered supplier is not in ATL his payment should be stopped till he files his mandatory returns and appears on ATL of FBR. PARTIAL DELIVERIES AND PARTIAL PAYMENTS ARE ALLOWED. ( A) The payment of Sales Tax shall be made on production of Sales Tax return cum payment Challan. In case of manufacturers who pay lump sum sales tax, they shall also submit an affidavit on non-judicial paper that the Challan includes the amount of Rs. ______of Sales tax for supply of the mentioned items.

13. In case of receipt of payment through L.C, the delivery period shall be commenced from the date of establishment of L/C. On receipt of the P.O. the bidder shall submit copy of the P.O. accepted on each page and other information/documents for establishment of letter of credit directly to Chief Financial Officer LESCO within 07 days otherwise the commencement of delivery period shall be reckoned from the date of issue of this purchase order.

14. LESCO reserves the right to increase / decrease the quantities upto 15% at the time of placing award or through repeat order after award / issue of Purchase Order during the currency of contract or within 6-months from the date of issue of P.O which ever is later.

15. LESCO reserves rights to accept or reject any tender and to annul the tender process and reject all tenders, at any time, prior to award of contract, without thereby incurring any liability or obligation to inform to Tenderers and the grounds for the purchaser’s action. 8 16. Tenders submitted through FAX or E.Mail shall not be considered.

17. After opening the tender if it is established that the bidders have quoted a Single price then LESCO reserves the right either to scrap the tender and invite fresh tender or to take any decision as deemed fit for LESCO.

18. Over and above normal inspection, the office of Chief Engineer (MI) Lahore will carry out all type tests including the routine tests once during the currency of P.O. at RTL Faisalabad / HVSC Rawat or any other independent laboratory approved by the department. The testing charges of the offered material, if any, shall be borne by the bidder

19. SUBMISSION OF BID: The complete offer in Triplicate (Original & Two Copies) should be filled as under:-

i) The original Bid and other enclosed documents shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the bidder to the Contract. The letter of authorization shall be indicated by written power-of-attorney accompanying the Bid. All pages of the bid, except for un- amended printed literature, shall be initialed by the person or persons signing the Bid. ii) The Bid shall contain no interlineations, erasures or over-writing except as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the person or persons signing the Bid. iii) The bidder shall clearly mention all information precisely regarding bid validity, delivery schedule, terms of payment and the schedule of technical data / Literature. Any incomplete information as required shall render the offer for rejection. iv) The tender prepared by the tenderer and all correspondences and documents relating to the tender shall be written in English Language. v) No tender may be modified by a tenderer after dead line for submission of tender.

20. SEALING & MARKING OF BIDS:

i. The bidder shall seal the original and each copy of the bid in an inner envelope, duly marking the envelope as “Original” or “Copy”. The inner envelope shall then be enclosed in an outer envelope. In the event of discrepancy between them the Original shall prevail. ii. The inner and outer envelopes shall be: a) addressed to the purchaser at the following address. b) Sr. Manager Material Management LESCO Limited, 22-A Queens Road, Lahore, Tender No.(tender No.)__ and the words “DO NOT OPEN BEFORE _(Opening time)_ ON _(Opening date)_” shall be written on them. c) In addition to above, the inner envelope shall indicate the name and address of the Bidder to enable the bid to be returned unopened in case it is declared “Late.” iii. If the outer envelope is not sealed and marked, the purchaser will assume no responsibility for the bid’s misplacement or its premature opening.

21. LATE BID:

Bidder will himself be responsible for ensuring that his bid is submitted in accordance with the instructions stated herein. Any bid not submitted by the deadline prescribed for submission of Bids will not be considered even if it becomes late as a result of circumstances beyond the Bidder’s control. Any tender received by the purchaser after the date and time of tender opening will be returned un-opened to such tenderer. 9 10 22. CLARIFICATIONS / AMENDMENT OF BID SCHEDULE: i- At any time prior to the deadline for submission of Bids, the purchaser may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the Bidding Documents by amendment. ii- The prospective Tenderers requiring any clarification (s) in respect of tender documents may notify the purchaser i.e Sr. Manager (M.M) LESCO Ltd. Lahore with a copy to Chief Engineer (Design & Standard) PEPCO / WAPDA in writing or by Telex or FAX at the mailing address of said offices. Purchaser will examine the request for clarification of the Tender Documents which it receives not later than 7- days prior to the dead-line for the submission of tenders and if needed will issue the clarification/amendment of the Tender Documents at-least 7-days before the date of submission of Tenders (without identifying the source of enquiry) to all prospective tenderers who have purchased the Tender Documents. iii- The amendment will be notified in writing or by telex or cable to all prospective Bidders who have received the Bid schedule / Bidding documents and will be binding on them. iv- In order to afford prospective bidders reasonable time in which to take the amendment into account in preparing their Bids, the purchaser may at its discretion extend the deadline for the submission of Bids. 23. FORCE MAJEURE: The right of LESCO to terminate the Contract, or to claim penalty or liquidated damages shall be subject to the following circumstances, provided as a result of all or any of these events there has been delay in the Performance of the Contract by the Manufacturer or Supplier, or the Contract has become incapable of being performed:- i. Act of God; ii. Act of State, War or any Act of the Enemy; iii. Lock outs, Riots or Civil Commotion; iv. Injuction granted by a Court of Competent jurisdiction not resulting from any fault of the Manufacturer or Suppliers; v. Restriction imposed by the Government on the Import of any material relating to the manufacture of goods. vi. Diversion of supplies by the Carrier without any fault or knowledge of the manufacturer or supplier. Provided further that the Manufacturer or supplier has given notice to LESCO within 14-days of the happening of any such event. 24. RESPONSIBILITY FOR EXECUTING THE CONTRACT: You are entirely responsible for the successful execution of the contract in all respects in accordance with the terms and conditions as specified in the contract including the schedule. 25. FAILURE AND TERMINATION: A) If you fail to deliver the stores or any consignment thereof within the specified delivery period, the purchaser shall be entitled at his option either: I) To recover from you liquidated damages levied at the rate of two percent (2%) per month or a fraction, thereof subject to a maximum of ten percent (10%) of the contract price, except; a) Where un-delivered stores hold up the use of other Stores, liquidated damages shall be levied on the total value of the Contract. b) The recovery of liquidated damages mentioned above can be effected from any payment due to you from any unit of LESCO/DISCOs/GENCOs/NTDC/ WAPDA, or II) to purchase from elsewhere without notice to you at your risk and cost, the stores not delivered, without cancelling the contract in respect of the consignment not yet due for delivery. III) to cancel the contract at your risk and cost; In the event of action being taken under (ii) or (iii) above, you shall be liable for any loss which the purchaser may suffer on the account; but you shall not be entitled to any gain on repurchase made against the supply order.

11 B) If during the course of execution of contract, you are black-listed by DISCOs/GENCOs/NTDC/WAPDA/LESCO, or any other Electric Supply Company, the purchaser may proceed with all or any of the actions detailed below:- i) to allow the contract to run its course till completed in accordance with the terms and conditions of Contract; ii) to stop further supplies with or without financial repercussions; iii) to cancel the contract with or without reservation or rights. NOTE:- While determining liquidated damages the purchaser shall not consider any of the following circumstances, a cause under “FORCE MAJEURE” and shall not allow any relaxation in the liquidated damages on the account:- i) Delay on the part of the Contractor in the arrangement of raw materials. ii) Defect or failure occurring to any machinery or equipment installed at the contractor works during the currency of the Contract. 26. FORFEITURE OF PERFORMANCE BOND / GUARANTEE The contracting officer will have the right to forfeit the security Bond/Guarantee (performance bond). A) If the Contractor:- i) fails to supply the goods within the time specified; ii) commits any breach of contract; iii) fails to account for the Import License issued on account of the purchaser; iv) fails to account for the raw material secured by the contractor against any License or permit issued on account of the Contracting officer; v) fails to return drawings, design or any material belonging to the Contracting officer which was to be returned in good condition to the Contracting Officer after the successful termination of the contract. B) for other reasons specified in the Purchase Order by the contracting officer for forfeiting the Security deposit. If the forfeiture of the security deposit does not compensate the contracting officer for losses suffered due to non-delivery or breach of contract for any other reasons, the Contracting Officer will have a right to forfeit other security deposits or to recover the same from any other security deposit made in favour of any other unit of DISCOs/GENCOs/NTDC/WAPDA/LESCO, or from any money due to the Contractor from any unit of WAPDA/LESCO/ DISCOs/ GENCOs /NTDC. 27. DOCUMENTS / CERTIFICATES TO BE SUBMITTED WITH THE BID: i) Certificate that General Conditions of Contract for purchases by WAPDA dated 12/08/1984 amended up to date and latest purchase procedure are acceptable to the bidder and are hereby agreed to by the bidder. ii) Bid Security of an amount not less than 2% for registered and 4% for unregistered firms of the total value of tender issued by a Scheduled Bank of Pakistan only. Attached with financial proposal. iii) Certificate that the material offered is in accordance with the WAPDA / Tender Specifications amended to date. iv) Copy of letter of Prequalification/Registration with WAPDA/DISCO. v) Technical data as required in the WAPDA / PEPCO specification and Literature in English giving out salient feature of the quoted items. vi) Copy of last Prototype approval from Chief Engineer (D&S) NTDC / PEPCO (if applicable). vii) Deposit receipt of tender fee in original. viii) Samples of the all the quoted items should be submitted with the bid otherwise the bid shall be liable for rejection. ix) Make, Model and Country of origin of all the quoted items should also be clearly mentioned in the bid. x) Authorization letter of the foreign principal / manufacturer for local agents if any. xi) Declaration of fees, commission and brokerage etc. payable by the suppliers of goods, services and works in contracts worth Rs 10 Million or more.

12 SIGNATURE OF BIDDER ADDRESS WITH OFFICE STAMP

13 To Whom It May Concern:

i. It is certificate that General Conditions of Contract for purchases by PEPCO / WAPDA dated 12/08/1984 amended up to date and latest purchase procedure PPRA-2004 (amended to date) are acceptable / agreed. ii. Certificate that the material offered is in accordance with the latest WAPDA/ PEPCO / Tender Specifications (amended to date).

Signature of bidders ADDRESS WITH OFFICE STAMP

14 Annexure-A

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

Contract Number: Dated: Contract Value: Contract Title:

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 of any other entity owned or controlled by it (GoP) through any corrupt business practice.

Without limiting the generality of the forgoing Name of Supplier represents and warrants that it has fully declared the brokerage, commission, fees 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 consultants 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, representation or warranty.

Name of Supplier accepts full responsibility and strict liability for making any false declaration, not making full disclosure, misrepresenting facts 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.

[Buyer] [Seller Supplier]

15 FORM OF TENDER SECURITY (Bank Guarantee) Guarantee No.______Executed on______Expiry Date______Letter by the Guarantor to the Purchaser. Name of Guarantor (Bank) with address:______Name of Principal (Tenderer ) with address: ______Penal Sum of Security (express in words and figures): ______Tender Reference No.______Date of Tender______

KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the Tender and at the request of the said Principal, we the Guarantor above-named are held and firmly bound unto the ______(hereinafter called the “Purchaser”) in the sum stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Tender numbered dated as above for ______(Particulars of Tender) to the said Purchaser; and

WHEREAS, the Purchaser has required as a condition for considering said Tender that the Principal furnish a Tender Security in the above said sum to the Purchaser, conditioned as under:

(1) that the Tender Security shall remain valid for a period _____days beyond the period of validity of the tender; (2) that in the event of; a) the Tenderer withdraws his Tender during the period of validity of Tender, or b) the Tenderer does not accept the correction of his Tender Price. c) failure of the successful tender to i. furnish the required Performance Security. ii. sign the proposed Contract Agreement/ Acceptance of P.O. Then the entire sum be paid immediately to the said Purchaser as Liquidated Damages and not as penalty for the successful tenderer’s failure to perform.

PROVIDED THAT the Guarantor shall forthwith pay to the Purchaser the said sum stated above upon first written demand of the Purchaser without cavil or argument and without requiring the Purchaser to prove or to show grounds or reasons for such demand notice of which shall be sent by the Purchaser by registered post duly addressed to the Guarantor at its address given above.

PROVIDED ALSO THAT the Purchaser shall be the sole and final judge for deciding whether the Principal has duly performed his obligation to sign the Contract Agreement and to furnish the requisite Performance Security within the time stated above, or has defaulted in fulfilling said requirements and the Guarantor shall pay without objection the sum stated above upon first written demand from the Purchaser forthwith and without any reference to the Principal or any other person.

IN WITNESS WHEREOF, the above bounden Guarantor has executed the instrument under its seal on the date indicated above, the name and seal of the Guarantor being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

______(Guarantor (Bank) Witness: 1. Signature______

1. ______2. Name. ______

______3. Title. ______(Corporate Secretary (Seal)

2. ______

______(Name, Title & Address) (Corporate Guarantor (Seal) (Seal)

16 FORM OF PERFORMANCE SECURITY (Bank Guarantee) Guarantee No.______Executed on______Expiry Date______Letter by the Guarantor to the Purchaser.

Name of Guarantor (Bank) with address:______Name of Principal (Tenderer) with address: ______Penal Sum of Security (express in words and figures): ______L.O.I/Contract No.______Dated ______Letter of Acceptance No.______Dated ______

KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the Tender Documents and above said Letter of Acceptance (hereinafter called the Documents) and at the request of the said Principal, we the Guarantor above- named are held and firmly bound unto the ______(hereinafter called the “Purchaser”) in the sum of the amount stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has accepted the Purchaser’s above said Letter of Acceptance for ______(name of Contract) for the ______(Name of Project)

NOW WHEREAS, if the Principal (Contractor) shall well and truly perform and fulfill all the undertakings, covenants, terms and conditions of the said Documents during the original terms of the Said Documents and any extensions thereof that may be granted by the Purchaser, with or without notice to the Guarantor, which notice is, hereby, waived and shall also well and truly perform and fulfill all the undertakings, covenants terms and conditions of the Contract and of any and all modifications of said Documents that may hereafter be made, notice of which modifications to the Guarantor being hereby waived, then, this obligation to be null and void; otherwise to remain in full force and effect till______(Date).

Our total liability under this Guarantee is limited to the sum stated above and it is a condition of any liability attaching to us under this Guarantee that the claim for payment in writing shall be received by us within the validity period of this Guarantee, failing which we shall be discharged of our liability, if any, under this Guarantee.

We, ______(the Guarantor), waiving all objections and defenses under the Contract, do hereby irrevocably and independently guarantee to pay to the Purchaser without delay upon the Purchaser’s first written demand without cavil or arguments and without requiring the Purchaser to prove or to show grounds or reasons for such demand any sum or sums up to the amount stated above, against the Purchaser’s written declaration that the Principal has refused or failed to perform the obligations under the Contract which payment will be effected by the Guarantor to Purchaser’s designated Bank & Account Number i.e ______

PROVIDED ALSO THAT the Purchaser shall be the sole and final judge for deciding whether the Principal (Contractor) has duly performed his obligation under the Contract or has defaulted in fulfilling said obligations and the Guarantor shall pay without objection any sum or sums up to the amount stated above upon first written demand from the Purchaser forthwith and without any reference to the Principal or any other person.

IN WITNESS WHEREOF, the above bounden Guarantor has executed this Performance Guarantee under its seal on the date indicated above, the name and corporate seal of the Guarantor being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

______(Guarantor) (Bank) Witness: 1. Signature______

1. ______2. Name. ______

______3. Title. ______(Corporate Secretary (Seal)

2. ______

______

17 (Name, Title & Address) (Corporate Guarantor) (Seal) (Seal)