University of Education
Terms of Reference
“Enlistment of Contractors Rules 2019”
For Works Costing Up to Rs. 100 million
University of Education, Lahore.
Name of Work “Enlistment of Contractors Rules 2019” For Works Costing Up to Rs. 100 million
Dead line of issuance of tender 25 June, 2019 up to 4:00 PM
Date for Submission of Tender 27 June, 2019 up to 12:00 PM
Issued to
Issued by
Signature: ______
Date: ______
Office Stamp
Note: The officer opening the tender shall reject the tender which does not bear the stamp and signature of the issuing official and which is not submitted by the same contractor to whom the tender form was issued.
Contractor Engineer
Part 1 Title, Commencement and Its Application 1.1 The Rules may be called the University of Education “Enlistment of Contractors Rules 2018” 1.2 They shall come into force at once. These Rules shall apply to make Enlistment/ Renewal of contractors for categories mentioned here under for execution of M&R/ Original works of University of Education and in all its Campuses:- i. CE-09 Sewerage/ water supply works. ii. CE-10 General civil Engineering works etc. iii. EE-02 Security, safety surveillance system. iv. EE-03 Building automation system & Energy generation system. v. EE-04 Low voltage installation. vi. EE-06 Specialized lightening system. Any other category as deemed by Competent Authority.
1.3 Location of Campuses . University of Education, College Road Township, Lahore. . University of Education, Lower Mall Campus, Lahore. . University of Education, Bank Road Campus, Lahore. . University of Education, Samnabad Road Campus Faisalabad. . University of Education, Johrabad. . University of Education, Education Road, Attock. . University of Education, Officers Colony, Vehari. . University of Education, Bossan Road, Multan. . University of Education, Kangan Road, DG Khan. Part 2 DEFINITIONS . Government means Government of the Punjab. . Campus means Under administrative Control of UE mentioned at Part 2. . UE means University of Education, Lahore. . Enlistment Authority means Vice Chancellor of UE. . Chief Engineer means UE Chief Engineer. . Enlistment Committee means the Committee to be constituted by the Vice Chancellor. . Rules mean UE Enlistment Rules. . MRS means Market Rate System. . Contractor means Any person/ firm processing such qualification & experience as specify here under may apply to University of Education authorized Officer for the registration of his name as a contractor in specified category. . P&D means UE Planning & Development. . CDGL means City District Government Lahore. . LDA means Lahore Development Authority. . LESCO means Lahore Electric Supply Company. . PTCL means Pakistan Telecommunication Corporation Limited. . PHA means Parks and Horticulture Authority. . SNGPL means Sui Northern Gas Pipelines Limited. . TMA means Town/Tehsil Municipal Administration Lahore. . TEPA means Traffic Engineering and Planning Agency. . WAPDA means Water and Power Development Authority. . WASA means Water and Sanitation Agency. . C&W means Communication & Work Department. PEC means Pakistan Engineering Council All other words and expressions used here but not defined shall have same meanings as have respectively assigned in University of Education calendar or corresponding Government Rules. Part 3 Eligibility Criteria: Terms & Conditions
3.1 A person applying may be registered as University of Education contractor shall full the criteria, lay down in these Enlistment Rules.
3.2 The contractor shall have a valid registration from PEC. The limit of registration with PEC shall be maximum tendering limit of contractor.
3.3 Any individual, or a firm having such individual as one of the partners, who is a dismissed Government servant or has been removed from the approved list of contractors; or demoted to lower class; or having business banned/suspended by any government department or convicted by a court of law shall not be entitled for enlistment. However, in case the disciplinary action was taken against the contractor for a specified period and such penalty period is already over, his case for enlistment / renewal shall be considered.
3.4 If two or more individuals form a partnership firm, and if any of the partners possesses the required work experience to become eligible for enlistment in any category in which enlistment is sought, their case shall be considered for enlistment of the partnership firm subject to fulfillment of other laid down criteria.
3.5 No engineer or any other official employed in the UE can act either as contractor or as employee of a contractor for a period of two year after his retirement. Even after enlistment, if either the contractor or any of his employees is found to be a person who had not obtained the prior permission of Government of Punjab or UE as aforesaid, the name of the contractor shall be removed from the list of enlisted contractors. 3.6 A contractor is not permitted to have enlistment in more than one name/ category. 3.7 A partner of a firm or a Director of a company enlisted as a contractor cannot be a partner/director in any other enlisted firm/company. 3.8 All verifications, submission of reports etc. are to be pursued by the applicant. Any delay on account of delay in verification, submissions of reports etc. will not entitle the applicant for any type of enlistment. 3.9 The financial soundness of the contractor shall be judged on the basis of the Banker’s certificate or statement of account for the last three years. 3.10 The contractor/firm shall not modify the existing partnership or enter into any fresh partnership or change the name of the firm without the prior approval of the Competent Authority. Such proposal, if any, shall be submitted in advance giving full details of the intended partnership/sole proprietorship along with the draft partnership deed/affidavit and documents. Any change in status of the contractor as an ‘Individual’ or in constitution of the firm or change in the name of firm without prior approval of the Enlistment Authority will render the contractor/firm liable to be removed from the approved list of contractors. 3.11 If a firm is split up in two or more firms by any action of its partners, the new firms or any separated partners in his their individual/joint capacity shall have to apply for the enlistment afresh on the basis of work experience gained as a separate entity. 3.12 If the number of original partners of a firm reduces to less than half due to any reason including the death of partners, the enlistment of the firm shall be cancelled. Original partners means constituents at the time of enlistment and those who have remained as constituent for more than 4 years. 3.13 Any individual/ firm annunciated or sister concern whose any work was/ has been rescinded by UE or any other department shall not be entitled for enlistment. 3.14 While applying for enlistment, the contractor shall mention address of his registered office as well as head office, if different. All documents shall bear one of the above addresses, otherwise the same shall not be accepted 3.15 The contractor shall intimate the change, if any, in any of the above addresses, in advance or maximum within one month of such change along with acknowledgement of noting down of such change in address from the Bank, Income Tax, Sales Tax authorities etc. Failure to do so may result in removal of his name from the approved list of contractors. 3.16 Contractors whose near relatives are working in the UE Finance Department/ Engineering Cell or Planning & Development Department will not be allowed for enlistment of works. For this purpose a near relative shall mean wife, husband, parents, grandparents, children, grandchildren, siblings, uncles, aunts, nephews, nieces, cousins and their corresponding in- laws. 3.17 The enlisting authority reserves the right to limit the number of contractors to be enlisted as decided by the department. Part 4 Enlistment Rules 4.1 These rules shall be called the University of Education “Rules of Enlistment of Contractors, University of Education, 2018” and shall come into force with immediate effect. The contractor shall be categorized as under: - i. CE-09 Sewerage/ water supply works. ii. CE-10 General civil Engineering works etc. iii. EE-02 Security, safety surveillance system. iv. EE-03 Building automation system & Energy generation system. v. EE-04 Low voltage installation. vi. EE-06 Specialized lightening system. Any other category as deemed by Competent Authority.
4.2 The enlistment shall be valid up to end of each fiscal year i.e. 30th June. The enlistment can, however, be renewed in accordance with rules. The enlistment shall be open to review by the Competent Authority and liable to termination, suspension or any other such action at any time if considered necessary by the Competent Authority. 4.3 The enlistment of contractor shall be approved by enlistment authority on recommendation of Enlistment Committee. However, the contractors who are presently doing business with University of Education whose behavior and performance have been found satisfactory shall be enlisted on the recommendation of Enlistment Committee subject to fulfillment of condition provided in the enlistment rules 4.4 The Enlistment Committee shall be constituted by Competent Authority from time to time who shall analyze the case of new contractors for enlistment and submit its recommendation to the Competent Authority for approval. 4.5 The enlistment committee shall have the right to verify the details furnished by the contractor or any other report as it may deem fit. 4.6 In case the contractor is found suitable for enlistment, Chief Engineer shall issue the enlistment order after completing the codal formalities. Otherwise, a letter of rejection of the application shall be sent to the contractor. The decision of the University shall be final and binding on the contractor. 4.7 The University reserves the right to modify, add, delete and/or change any of the rules and same shall be binding on all enlisted contractors. Part 5 Fee Structure 5.1 The contractor shall have to pay a non-refundable processing fee of Rs.1000/- along with request/ Performa and refundable security by crossed Demand Draft drawn in favour of the Treasurer, University of Education. Fee for various categories and classes of enlistment is given below. Category Limit Security refundable Annual/Renewal Fee A up to 100million Rs. 140,000/- Rs. 60,000/- B up to 40million Rs. 90,000/- Rs. 30,000/- C up to 20 million Rs. 40, 000/- Rs. 14,000/- Part 6 Renewal Procedure The registration of University of Education contractors shall be subject to the renewal by 31st July of each Year. 6.1 If the contractor fails to apply by 31st July of each year, the application will be accepted on payment of double renewal fee. 6.2 The renewal shall be done on the basis of review of performance of the contractor during the period of enlistment/renewal by the enlistment committee. Part 7 Contractor’s Obligations 7.1 The contractor shall fulfill all his obligations under these rules in time and manner as specified, failing which he shall be liable for the action as mentioned therein. Some of the obligations are summarized below in addition the SOP of Government for the purpose: - a. Prior approval shall be obtained from the enlisting authority before changing the name or constitution of the firm/company. b. Intimation of change of address shall be given in advance or within one month along with acknowledgement from Banker, Income Tax and Sales Tax authorities. c. He shall secure works of specified magnitude during the period of enlistment/renewal d. He shall not indulge in unethical practices and maintain good conduct. e. He shall execute the works awarded to him strictly as per the terms and conditions of the contract and specifications. Part 8 Disciplinary Actions 8.1 The contractor shall have to abide by all the rules of enlistment and also by the terms and conditions of the contract and the Notice Inviting Tenders. He shall have to execute the works as per contract in time and with good quality. The enlisting authority shall have the right to demote a contractor to a lower class, suspend business with him for any period, debar him or remove his name from the approved list of contractors indefinitely or for a period as decided by enlisting authority after issuance of show cause notice. Decision of the enlisting authority shall be final and binding on the contractor. The following actions of the contractor shall, in general, make him liable to disciplinary actions: - a. Fails to execute a contract or executes it unsatisfactorily or is proved to be responsible for constructional defects; or no longer has adequate equipment, technical personnel or financial resources are litigious by nature. b. Violates any important condition of contract; or his staff misconducts or misbehaves with UE officials c. Is responsible for a conduct which may justify his demotion to a lower class; or any other reason which in view of enlisting authority is adequate for his demotion to a lower class. 8.2 Removal from the approved list: The name of the contractor may be removed from the approved list of Contractors, by the enlisting authority, if he: a. Has, on more than one occasion, failed to execute a contract or has executed it unsatisfactorily; or b. Is proved to be responsible for constructional defects in two or more works; or c. Persistently violates any important conditions of the contract; or d. Fails to abide by the conditions of enlistment; or e. Is found to have given false particulars at the time of enlistment; or f. Has indulged in any type of forgery or falsification of records.