Report for Sindh Bank Limited - Sindh Insurance
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part of the document
Sindh Insurance Limited
Tender Document
For Acquiring of Office Premises on Rental Basis
Contents
TOC \o "1-3" \t "Appendix Heading,1" DEFINITIONS
1 INVITATION FOR BIDS (IFB) PAGEREF _Toc283476676 \h 1
2 INSTRUCTION TO BIDDERS (ITB) PAGEREF _Toc283476677 \h 2
2.1 Correspondence Address PAGEREF _Toc283476678 \h 2
2.2 Eligible Bidders PAGEREF _Toc283476679 \h 2
2.3 Corrupt Practice PAGEREF _Toc283476680 \h 2
2.4 Preparation of Bids PAGEREF _Toc283476681 \h 2
2.4.1 Bidding Process PAGEREF _Toc283476682 \h 2
2.4.2 Cost of Bidding PAGEREF _Toc283476683 \h 2
2.4.3 Language of Bid PAGEREF _Toc283476684 \h 3
2.4.4 Company Profile PAGEREF _Toc283476685 \h 3
2.4.5 Financial Proposal PAGEREF _Toc283476686 \h 3
2.4.6 Bid Currencies PAGEREF _Toc283476687 \h 3
2.4.7 Bid Security PAGEREF _Toc283476688 \h 3
2.4.8 Bid Validity PAGEREF _Toc283476689 \h 4
2.5 Submission of Bids PAGEREF _Toc283476690 \h 4
2.5.1 Sealing and Marking of Bids PAGEREF _Toc283476691 \h 4
2.5.2 Response Time PAGEREF _Toc283476692 \h 4
2.5.3 Extension of Time Period for Submission of Bids PAGEREF _Toc283476693 \h 4
2.5.4 Clarification of Bidding Documents PAGEREF _Toc283476694 \h 4
2.5.5 Late Bids PAGEREF _Toc283476695 \h 5
2.5.6 Withdrawal of Bids PAGEREF _Toc283476696 \h 5
2.5.7 Cancellation of Bidding Process PAGEREF _Toc283476697 \h 5
2.5.8 Mechanism for Redressal of Grievances PAGEREF _Toc283476698 \h 5
2.5.9 Review Panel PAGEREF _Toc283476699 \h 7
2.5.10 Matters not subject to Appeal or Review PAGEREF _Toc283476700 \h 8
2.6 Opening and Evaluation of Bids PAGEREF _Toc283476701 \h 8
2.6.1 Opening of Bids by SIL PAGEREF _Toc283476702 \h 8
2.6.2 Clarification of Bids PAGEREF _Toc283476703 \h 8
2.6.3 Preliminary Examination PAGEREF _Toc283476704 \h 8
2.6.4 Eligibility Criteria PAGEREF _Toc283476705 \h 8
2.6.5 Eligibility Criteria 9
2.6.6 Discussions Prior to Evaluation 10
2.7 Award of Contract PAGEREF _Toc283476708 \h 10
2.7.1 Award Criteria PAGEREF _Toc283476709 \h 10
2.7.2 SILs Right to Accept Any Bid and to reject any or all Bids PAGEREF _Toc283476710 \h 10
2.7.3 Notification of Award PAGEREF _Toc283476711 \h 10
2.7.4 Signing of Contract PAGEREF _Toc283476712 \h 10
2.7.5 Performance Security PAGEREF _Toc283476713 \h 11
2.7.6 General Conditions of Contract PAGEREF _Toc283476714 \h 11
2.7.7 Special Conditions of Contract PAGEREF _Toc283476715 \h 11
2.7.8 Integrity Pact PAGEREF _Toc283476716 \h 11
2.7.9 Non Disclosure Agreement PAGEREF _Toc283476717 \h 11
3 SCOPE OF WORK PAGEREF _Toc283476718 \h 13
4 FINANCIAL PROPOSAL 13
5 CONTRACT 14
5.1 Conditions Of Contract 14
5.1.1 Definitions 14
5.1.2 Law Governing Contract 14
5.1.3 Notice 15
5.1.4 Authorized Representative 15
5.1.5 Taxes and Duties 15
5.1.6 Effectiveness of Contract 15
5.1.7 Expiration of Contract 15
5.1.8 Modifications or Variations 15
5.1.9 Force Majeure 15
5.1.10 Termination 16
5.1.11 Good Faith 16
5.1.12 Settlement of Disputes 16
5.1.13 Data Ownership 16
5.1.14 Obligations of the Supplier 16
Lease Agreement 17
SPECIMEN OF LEASE AGREEMENT (Annexure "A") 18
8. SCHEDULE - AVAILABILITY/SUBMISSION
& OPENING OF BIDS (Annexure "B") 24
DEFINITIONS
Bid means a tender, or an offer by a person, consultant, firm, company or an organization expressing willingness to undertake a specified task at a price, in response to an invitation by SIL.
Bid with Lowest Evaluated Cost means the bid quoting lowest cost amongst all those bids evaluated to be substantially responsive;
Bidder means a person or entity submitting a bid;
Bidding Documents means all documents provided to the interested bidders to facilitate them in preparation of their bids in uniform manner;
Bidding Process means the procurement procedure under which sealed bids are invited, received, opened, examined and evaluated for the purpose of awarding a contract;
Blacklisting means barring a bidder, contractor, consultant or supplier from participating in any future procurement proceedings.
Calendar Days means days including all holidays;
Conflict of Interest means -
(i) where a contractor, supplier or consultant provides, or could provide, or could be perceived as providing biased professional advice to SIL to obtain an undue benefit for himself or those affiliated with him;
(ii) receiving or giving any remuneration directly or indirectly in connection with the assignment except as provided in the contract;
(iii) any engagement in consulting or other procurement activities of a contractor, consultant or service provider that conflicts with his role or relationship with the SILunder the contract;
(iv) where an official of the SIL engaged in the procurement process has a financial or economic interest in the outcome of the process of procurement, in a direct or an indirect manner;
Consultant means a professional who can study, design, organize, evaluate and manage projects or assess, evaluate and provide specialist advice or give technical assistance for making or drafting policies, institutional reforms and includes private entities, consulting firms, legal advisors, engineering firms, construction managers, management firms, procurement agents, inspection agents, auditors, international and multinational organizations, investment and merchant banks, universities, research institutions, government agencies, nongovernmental organizations, and individuals;
Consulting Services means services of an advisory and intellectual nature provided by consultants using their professional skills to study, design, organize, and manage projects, encompassing multiple activities and disciplines, including the crafting of sector policies and institutional reforms, specialist advice, legal advice and integrated solutions, change management and financial advisory services, planning and engineering studies, and architectural design services, supervision, social and environmental assessments, technical assistance, and programme implementation;
Contract means an agreement enforceable by law and includes General and Special Conditions, Specifications, Drawings and Bill of Quantities;
Contractor means a person, firm, company or organization that undertakes to execute works including services related thereto, other than consulting services, incidental to or required for the contract being undertaken for the works;
Corrupt and Fraudulent Practices means either one or any combination of the practices given below;
Coercive Practice means any impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence the actions of a party to achieve a wrongful gain or to cause a wrongful loss to another party;
Collusive Practice means any arrangement between two or more parties to the procurement process or contract execution, designed to achieve with or without the knowledge of the SIL to establish prices at artificial, non-competitive levels for any wrongful
gain;
Corrupt Practice means the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the acts of another party for wrongful gain;
Fraudulent Practice means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;
Obstructive Practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract or deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements before investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or acts intended to materially impede the exercise of inspection and audit rights provided for under the Rules.
Emergency means natural calamities, disasters, accidents, war and breakdown of operational equipment, plant, machinery or engineering infrastructures, which may give rise to abnormal situation requiring prompt and immediate action to limit or avoid damage to person(s), property or the environment;
Goods means articles and object of every kind and description including raw materials, drugs and medicines, products, equipments, machinery, spares and commodities in any form, including solid, liquid and gaseous form, and includes services identical to installation,
transport, maintenance and similar obligations related to the supply of goods, if the value of these services does not exceed the value of such goods;
Government means the Government of Sindh;
Head of the Department means the administrative head of the department or the organization;
Lowest Evaluated Bid means a bid for goods, works and services having the lowest evaluated cost among the substantially responsive bids
Lowest Submitted Price means the lowest price quoted in a bid, which is otherwise not substantially responsive;
Mis-procurement means public procurement in contravention of any provision of Sindh Public Procurement Act, 2010, any rule, regulation, order or instruction made thereunder or any other law in respect thereof, or relating to, public procurement;
Notice Inviting Tender means the notice issued by a SIL through publication in the newspapers or through electronic means for the purpose of inviting bids, or applications for pre-qualifications, or expression of interests, which may include Tender Notice, Invitation for Bids, Notice for Pre-qualifications or Request for Expression of Interests;
Open Competitive Bidding means a fair and transparent specified procedure defined under these Rules, advertised in the prescribed manner, leading to the award of a contract whereby all interested persons, firms, companies or organizations may bid for the contract and includes both National and International Competitive Biddings;
SIL means the Sindh Insurance Limited;
Services means any object of procurement other than goods or works, and includes consultancy services;
Substantially Responsive Bid means the bid that contains no material differences or deviations from, or reservations to, the terms, conditions and specifications given in the bidding documents;
Supplier means a person, firm, company or an organization that undertakes to supply goods and services related thereto, other than consulting services, required for the contract;
Value for Money means best returns for each rupee spent in terms of quality, timeliness, reliability, after sales service, up-grade ability, price, source, and the combination of whole-life cost and quality to meet SILs requirements.
1 INVITATION FOR BIDS (IFB)
Sindh Insurance Limited (SIL) invites proposal for acquiring of premises on rental basis. Details of the specifications of related services to be provided are given in the scope of service in Section [3] hereto.
Bidder will be selected under procedure described in this Tender Document (TD), in accordance with the Sindh Public Procurement Rules 2010 issued thereunder (SPPRA) which can be found at HYPERLINK "http://www.pprasindh.gov.pk/" www.pprasindh.gov.pk. For the purposes of this document, the any reference to the term Act shall mean a reference to the Sindh Public Procurement Act 2009 and any reference to the Rules shall mean a reference to the Sindh Public Procurement Rules 2010 amended (2013).
This TD includes the following Sections:
Instructions to Bidders (ITB)
Eligibility Criteria
Scope of Work
Financial Proposal
Conditions of Contract
Proposals must be submitted at the below mentioned address;
Yours sincerely,
Incharge Administration
SINDH INSURANCE LIMITED
HEAD OFFICE
1st Floor, Imperial court Building,
Dr.Ziauddin Ahmed Road, Karachi
Ph: 35640715-17
2 INSTRUCTION TO BIDDERS (ITB)
2.1 Correspondence Address
The contact number and the correspondence address for submitting the proposals are as follow:
Incharge Administration
SINDH INSURANCE LIMITED
HEAD OFFICE
1st Floor, Imperial court Building,
Dr.Ziauddin Ahmed Road, Karachi
Ph: 35640715-17
2.2 Eligible Bidders
All the bidders duly incorporated and based in Pakistan governed by rules, laws and statutes of Government of Pakistan and Government of Sindh shall be eligible. [SPPRA Rule 29]
2.3 Corrupt Practice
SIL requires that Bidders / Suppliers / Contractors, observe the highest standard of ethics during the procurement and execution of contract and refrain from undertaking or participating in any corrupt or fraudulent practices. [SPPRA Rule 2 (q iii, iv)]
SIL will reject a proposal for award, if it determines that the Bidder recommended for award was engaged in any corrupt or has been blacklisted under the Sindh Public Procurement Rules 2010, in competing for the contract in question.
Any false information or misstatement on the part of the vendor will lead to disqualification/ blacklisting/ legal proceeding regardless of the price or quality of the product.
Preparation of Bids
Bidding Process
This is the Single Stage One Envelope Procedure; the bid shall comprise a single package containing ELIGIBILITY CRITERIA (duly filled in all respect) and FINANCIAL PROPOSAL. [SPPRA Rule 46 (1-a & b)]
Cost of Bidding
The bidder shall bear all costs associated with the preparation and submission of its bid and SIL will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.
Language of Bid
The bid prepared by the bidders as well as all correspondence and documents exchanged by the bidder and SIL must be written in English. [SPPRA Rule 6 (1)]
Company Profile (Not Applicable)
Bidders are required to submit the Technical Proposal stating a brief description of the bidders organization outlining their recent experience, the names of Sub-Bidder/Professional Staff who participates during the assignment, the technical approach, sample templates/prototypes of deliverables, methodology, work plan, organization and staff, including workable suggestions that could improve the quality and effectiveness of the assignment. The Technical proposal shall be duly signed by the authorized representative of the Bidder not including any financial information otherwise it will be declared as non responsive.
Financial Proposal
The Financial Proposal shall be prepared using the standard form attached, duly signed by the bidder or authorized representative. Standard Forms for Financial Proposal are available in Section [4].
Bid Currencies
For the purpose of comparison of bids quoted in different currencies, price shall be converted in PAK RUPEE (PKR). The rate of exchange shall be the selling rate prevailing seven working days before the date of opening of the bids. [SPPRA Rule 42 (2)]
Bid Security
The SIL shall require the bidders to furnish the Earnest Money of 5% of 11 months rent demanded of the premises, in shape of Pay Order or Irrevocable Bank Guarantee acceptable to the bank, which shall remain valid for a period of twenty eight (28) days beyond the validity period for bids, in order to provide the SIL reasonable time to act, if the security is to be called. [SPPRA Rule 37(1)]
Bid Security should be attached with the bidding document.
Any Bid not accompanied by an acceptable Bid Security shall be rejected by the SIL as non responsive.
Bid security shall be released to the unsuccessful bidders once the contract will be signed with the successful bidder or the validity period has expired. [SPPRA Rule 37(2)]
The bid security shall be forfeited:
If a Bidder withdraws its bid during the period of its validity specified by the Bidder on the Bid Form; or
In the case of a successful Bidder, if the Bidder fails to;
Sign the contract in accordance with ITB Section [2.7.4]; or
Does not abide by the terms of Contract Agreement.
Bid Validity
Bids shall remain valid for a period of ninety (90) days, after the date of bid opening prescribed by SIL; [SPPRA Rule 38 (1)]
Whenever an extension of bid validity period is requested, a bidder shall have the right to refuse to grant such an extension and withdraw his bid and bid security shall be returned forthwith; and [SPPRA Rule 38 (6)]
Bidders who agree to extension of the bid validity period shall also extend validity of the bid security for the agreed extended period of the bid validity. [SPPRA Rule 38 (7-a)]
Submission of Bids
Sealing and Marking of Bids
This is the Single Stage One Envelope Procedure; the bid shall comprise a single package containing ELIGIBILITY CRITERIA (duly filled in all respect) and FINANCIAL PROPOSAL. [SPPRA Rule 46 (1-a & b)]
Response Time
Bidders are required to submit their Bids within fifteen (15) calendar days from the date of publication of Notice Inviting Tender as per National Competitive Bidding. Bids will be received by SIL at the address specified under ITB Section [2.1] within office hours. [SPPRA Rule 18 (2)]
Extension of Time Period for Submission of Bids
SIL may extend the deadline for submission of bids only, if one or all of the following conditions exist;
Fewer than three bids have been submitted and SIL is unanimous in its view that wider competition can be ensured by extending the deadline. In such case, the bids submitted shall be returned to the Bidders un-opened; [SPPRA Rule 22 (1)]
If the SIL is convinced that such extraordinary circumstances have arisen owing to law and order situation or a natural calamity that the deadline should be extended. [SPPRA Rule 22 (2)]
Clarification of Bidding Documents
An interested bidder, who has obtained bidding documents, may request for clarification of contents of the bidding document in writing, and SIL shall respond to such queries in writing within three calendar days, provided they are received at least five (5) calendar days prior to the date of opening of bid. [SPPRA Rule 23 (1)]
It should be noted that any clarification to any query by a bidder shall also be communicated to all parties, who have obtained biding documents.
Late Bids
Any bid received by SIL after the deadline for submission of bids prescribed by SIL pursuant to ITB Section [2.5.2] will be rejected and returned unopened to the Bidder. [SPPRA Rule 24 (1)] .The rejection of bids received after the deadline for submission shall apply regardless of any reason whatsoever for such delayed receipt
Withdrawal of Bids
The Bidder may withdraw their bids after it has been submitted by sending a written Withdrawal Notice, duly signed by the Bidder and/or by an authorized representative, and shall include a copy of the authorization. Provided that, written notice of Withdrawal, shall be received by SIL prior to the opening of bids.
No bid shall be withdrawn in the interval between the opening of Bids and the expiration of the period of Bid validity specified in ITB section [2.4.8].
Cancellation of Bidding Process
SIL may cancel the bidding process at any time prior to the acceptance of a bid or proposal; [SPPRA Rule 25 (1)]
SIL shall incur no liability towards the bidders, solely by virtue of its invoking sub-rule (2.5.7 - 1); [SPPRA Rule 25 (2)]
Intimation of the cancellation of bidding process shall be given promptly to all bidders and bid security shall be returned along with such intimation; [SPPRA Rule 25 (3)]
SIL shall, upon request by any of the bidders, communicate to such bidder, grounds for the cancellation of bidding process, but is not required to justify such grounds. [SPPRA Rule 25 (4)]
Mechanism for Redressal of Grievances
SIL has a Committee for Complaint Redressal to address the complaints of bidder that may occur during the procurement proceedings. [SPPRA Rule 31 (1)]
Any bidder being aggrieved by any act or decision of the SIL during procurement proceedings may lodge a written complaint after the decision causing the grievance has been announced. [SPPRA Rule 31(3)]
The complaint redressal committee upon receiving a complaint from an aggrieved bidder may, if satisfied; [SPPRA Rule 31(4)]
prohibit the procurement committee from acting or deciding in a manner, inconsistent with these rules and regulations; [SPPRA Rule 31(4-a)]
annul in whole or in part, any unauthorized act or decision of the procurement committee; [SPPRA Rule 31(4-b)] and
reverse any decision of the procurement committee or substitute its own decision for such a decision;
Provided that the complaint redressal committee shall not make any decision to award the contract. [SPPRA Rule 31(4-c)]
SIL shall announce its decision as to the grievance within seven (7) days. The decision shall be intimated to the Bidder and the Authority within three (3) working days by SIL. [SPPRA Rule 31(5)]
SIL shall award the contract only after the decision of the complaint redressal committee [SPPRA Rule 31 (6)]
More fact of lodging of a complaint by a bidder shall no warrant suspension of the procurement proceedings. [SPPRA Rule 31(7)]
A bidder not satisfied with decision of the SIL complaints redressal committee may lodge an appeal to the Chief Secretary through the Authority, who shall refer the matter to a review panel in accordance with ITB section [2.5.9]; [SPPRA Rule 31(8)]
A bidder may file an appeal to the Chief Secretary provided; [SPPRA Rule 31(9)]
that the bidder has exhausted his complaint to the complaint redressal committee [SPPRA Rule 31(9-a)]; and
That he has not withdrawn the bid security deposited by him during the procurement process. [SPPRA Rule 31(9-b)]
The bidder must submit the appeal to the Chief Secretary with the following documents: [SPPRA Rule 31(10)]
a letter stating his wish to appeal to the Review Panel and the nature of complaint; [SPPRA Rule 31(10-a)]
a copy of the complaint earlier submitted to the complaint redressal committee of the Department and all supporting documents in a sealed envelope; [SPPRA Rule 31(10-b)] and
Upon receipt of an appeal and registration fee, the Chief Secretary shall select a Review Panel to examine the complaint. Simultaneously, the Authority shall inform the bidder and the Head of the concerned Department of the action taken by the Chief Secretary. [SPPRA Rule 31(11)]
On receipt of reference from the Chief Secretary, the Chairperson of the Review Panel shall convene a meeting of the review panel within five working days. [SPPRA Rule 31(12)]
Unless the Review Panel recommends dismissal of the complaint being frivolous, in which case the bidder shall loose the bid security deposited with the SILs, the Review Panel may: [SPPRA Rule 31(13)]
propose rejection of the complaint, stating its reasons; [SPPRA Rule 31(13-a)]
state the rules or principles that govern the subject matter of the complaint; [SPPRA Rule 31(13-b)]
point out the infirmities and breach of rules and regulations by the procuring agencies; [SPPRA Rule 31(13-c)]
suggest annulment in whole or in part of a non-compliant act or decision of a SIL, other than any act or decision bringing the procurement contract into force; [SPPRA Rule 31(13-d)]
if the SIL is in breach of its obligations under the Act, Rules or Regulations, suggest the payment of compensation by the officer(s) responsible for mis-procurement for cost incurred by the bidder on preparation of bid, including the cost of the complaint registration fee paid by the complainant; [SPPRA Rule 31(13-e)]or
Recommends that the procurement proceedings may be terminated, in case the procurement contract has not been signed. [SPPRA Rule 31(13-f)]
It shall be mandatory for both, the complainant and the SIL to appear before the Review Panel as and when called and produce documents, when so required. The Review Panel shall issue the notice of appearance to the Head of the Department for its service who shall ensure the attendance of the Head of SIL along with relevant record. In case of failure of Head of SIL to appear before review panel despite service, the Authority shall bring the matter to the notice of Chief Secretary. In case the complainant fails to appear twice, despite service the reference may be decided ex-parte. The Review Panel shall hear the parties and give its recommendations to the Authority within thirty days of receipt of reference. In case, more time is required, the Review Panel may seek extension from the Chief Secretary through the Authority enumerating the reasons for delay. The Authority shall submit these recommendations to the Chief Secretary who shall decide the appeal keeping in view the recommendations of the Review Panel; Provided that the Chief Secretary may refer the matter back to the Review Panel, if there is some ambiguity or vagueness in the recommendations and a clarification is to be sought. The Review Panel shall clarify the matter within seven calendar days, following which the Chief Secretary would decide the matter; [SPPRA Rule 31(14)]
The decision of the Chief Secretary shall be final and the SNDB shall act upon such findings. After the decision has been issued, the complaint and the decision shall be hoisted by the Authority on its website within three working days; Provided that no information shall be disclosed if its disclosure would be against the public interest or may jeopardize national security. [SPPRA Rule 31(15)]
IMPORTANT
In addition to above it may be added that no complaint will be entertained unless it is:-
Forwarded on company's original letter head, complete address, NTN of the company
and CNIC of the complainant.
b) Incriminating evidence of the complaints.
Review Panel
The Authority shall maintain a list of Review Panelists for the purpose of reviewing a bidders complaint. The Panelist shall be appointed on such terms and conditions as the Authority may from time to time notify with the approval of the Chief Secretary. [SPPRA Rule 32(1)]
The List of Specialists shall be formed from a number [SPPRA Rule 32(2)]
persons who have been legal professionals; [SPPRA Rule 32(2-a)]
persons who have been senior officers in the service of the Government with experience in the procurement area, [SPPRA Rule 32(2-b)]and
Persons from a list of specialists with experience in the relevant field. [SPPRA Rule 32(2-c)]
The Specialists shall be grouped into a number of Review Panels, each with a nominated Chairperson, both as approved by the Chief Secretary. Each panel shall have a minimum of 3 members, one from each of the groups listed in sub rule (2) above and up to 2 co-opted members on a case-by-case basis depending upon the nature of the complaint. [SPPRA Rule 32(3)]
The specialists shall be paid remuneration for their services as determined by the Authority from time to time with the approval of the Chief Secretary. [SPPRA Rule 32(4)]
Matters not subject to Appeal or Review
The following actions of the SIL shall not be subject to the appeal or review: [SPPRA Rule 33]
Selection method adopted by the SIL; [SPPRA Rule 33 (1)]
Decision by the SIL under ITB section [2.5.7]. [SPPRA Rule 33 (2)]
Opening and Evaluation of Bids
Opening of Bids by SIL
The opening of bids shall be as per the procedure set down in Section 2.4.1 dealing with Bidding Process.
Clarification of Bids
No Bidder shall be allowed to alter or modify his bids after the expiry of deadline for the receipt of the bids unless, SIL may, at its discretion, ask a Bidder for a clarification of bid for evaluation purposes. The request for clarification and the response shall be in writing and no change in the prices or substance of bid shall be sought, offered or permitted. [SPPRA Rule 43]
Preliminary Examination
SIL will examine the bids to determine whether the bids are complete and the documents have been properly signed and whether the bids are generally in order.
SIL may waive any minor informality; nonconformity or irregularity in a bid that does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder and further provided that such waiver will be at the complete and sole discretion of SIL.
If a bid is not substantially responsive, it will be rejected by SIL and may not subsequently be made responsive by the Bidder by correction of the nonconformity.
Eligibility Criteria
All bids shall be evaluated as per the criteria given in para 2.6.5.
Eligibility Criteria. SIL shall evaluate the offers using the following eligibility criteria.
S. No.RequisiteMax MarksMarks Obtained as per Documentary EvidenceMarks Obtained After Due Official Visit Marking CriteriaDocuments/
Information to be enclosed
Location
(Please Tick)P.E.C.H.S,
Dr. Ziauddin. Ahmed Road OR
DHA Karachi 1Location20On main location
(Commercial point of view)Site Plan15Away / stride the main location2Area 15
105000 and above sq.ft
Upto 5000 sq ft
Title document of the property
Give details
3Availability of Standby Generator 104Availability of Elevators 105Banks in Close Proximity15
10 Names of the Bank Branch Within 1KM distances from the premises offered
_________________
Above 1KM
6Advance Rent Required101 YearMention rent with or without renovation & Tick the appropriate column 72 Years33 Years7Parking Space (Dedicated to the premises)10 10 and Above Vehicles
Give Numbers
Charged /uncharged Parking5Below 10 Vehicles3Below 5 Vehicles7Condition of Property1015 years
And below Bungalow/
Commercial building
Constructed
Attach completion plan
7Above 15 years Bungalow/
Commercial building
Constructed Total Marks100Qualified / Disqualified
Note
Acquiring of 70% marks (on the information given by the bidder) will make a bidder qualify for visit of the property by the Premises Committee of the SIL.
Subsequently the property will be visited by SIL Premises Selection Committee for physical verification of the information given by the bidder. Location which acquires minimum of 70% marks after due inspection as per the criteria given above will be considered as Qualified Premises / Bid.
Attachment of relevant evidence in each of the above requisite is mandatory. In case of non-provision of evidence to any of the demand, no marks will be awarded.
Discussions Prior to Evaluation
If required, prior to evaluation of the bid, SIL may, within 6-7 days of receipt of the bid, call upon any of the Bidders to discuss or to ask for clarification about anything contained in the bidding document.
Award of Contract
Award Criteria
Subject to ITB Section [2.7.2], SIL will award the contract to the successful Bidder, whose bid has been determined to be substantially responsive and has been determined to be the lowest evaluated bid, provided the information given in the bidding document is on ground verified by the Procurement Committee of the SIL.
SILs Right to Accept Any Bid and to reject any or all Bids
SIL annul the bidding process and reject all Bids at any time prior to Contract award, without thereby incurring any liability to the Bidder(s).
Notification of Award
Prior to the expiration of the period of bid validity, SIL will notify the successful Bidder in writing by letter or by facsimile, to be confirmed in writing by letter, that his/her bid has been accepted.
The notification of award will constitute the formation of the Contract.
Upon the successful Bidders furnishing of the Performance Security pursuant to Section [2.7.5], SIL will promptly notify each unsuccessful Bidder and will discharge his/her bid security, pursuant to ITB Section [2.4.7].
Signing of Contract
Within 5 Days from the date of notification of the award the successful bidder shall furnish to SIL particulars as may be asked by the bank management.
The Contract shall be signed by the parties at Head Office, SIL, Karachi, within 10 Days of award of contract. Copy of the agreement enclosed as Annexure "A" required to be signed by the lessor at this stage.
Performance Security (Not Applicable)
Within 15 DAYS of receipt of the notification of award from SIL, the successful Bidder shall furnish to SIL the Performance Security of 10 % of contract price which shall be valid for at least ninety (90) days beyond the date of completion of contract to cover defects liability period or maintenance period. The Performance Security shall be in the form of a pay order or demand draft or bank guarantee issued by a reputable commercial bank, acceptable to SIL, located in Pakistan. [SPPRA Rule 39 (1)]
Failure of the successful Bidder to comply with the requirement of ITB Section [2.7.4] shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event SIL may make the award to the next lowest evaluated Bidder or call for new bids.
The Performance Security forms at Annexure C shall not be completed by the bidders at the time of their bid submission. Only the successful Bidder will be required to provide Performance Security.
The Performance Security will be discharged by SIL and returned to the Supplier not later than thirty (30) days following the date of successful completion of the Suppliers performance obligation under the Contract.
General Conditions of Contract
For detailed General Condition of Contract refer to Section [5.1] of this TD.
Special Conditions of Contract (Same as General Conditions of the Contract)
For detailed Special Condition of Contract refer to Section [5.2] of this TD.
Integrity Pact (Not Applicable)
The successful bidder shall upon the award of the contract execute an Integrity Pact with SIL. [Specimen is attached in Annexure D] [SPPRA Rule 89]
Non Disclosure Agreement
The successful bidder shall upon the award of the contract execute a Non-Disclosure Agreement with SIL.
3 SCOPE OF WORK
Hiring of premises by Sindh Insurance Limited as per the locations given in the advertisement.
4 FINANCIAL PROPOSAL
PRICE SCHEDULE
Name & Contact Details of the Bidder
Monthly Rent (Lump Sum)
Monthly Rent (Per Square Feet)
(Please mention rent with or without renovation cost)
NOTE
Owner will be liable to pay all municipal, government, non-government and other rates, taxes, stamp duty (as applicable under Stamp Act 1989) duly stamped on the contract agreement and assessment which may be levied in respect of the Demised Premises.
It will be desirable that the property is offered directly by the owners of the premises.
For each property separate pay order has to be enclosed as per the amount mentioned in the advertisement given in the newspaper.
Rent will commence after one month of signing of agreement.
During process of renovation if any NOC is required from the government agencies the lessor is liable to get its approval. 25% amount of the total rent will be withheld till the needful is met.
If the financial evaluation are the same, then then successful bidder will be the one who has
Acquired maximum marks in evaluation phase.
Signature & Stamp of the Bidder
Date
5 Contract (As will be executed if the bid qualifies)
5.1 Conditions of Contract. As per clause 5
5.1.1 Definitions
In this contract, the following terms shall be interpreted as indicated:
Applicable Law means the Sindh Public Procurement Act 2009 and the Sindh Public Procurement Rules 2010.
Procuring Agency or PA means SIL Contractor.
Contract means the Contract signed by the Parties and all the attached documents listed in its Clause 1 that is General Conditions (GC), and the Special Conditions (SC).
Contract Price means the monthly rent of the premises. Effective Date means the date on which this Contract comes into force.
GC mean these General Conditions of Contract.
Government means the Government of Sindh.
Currency means Pak Rupees.
Member means any of the entities that make up the joint venture/consortium/association, and Members means all these entities.
Party means the PA or the Contractor, as the case may be, and Parties means both of them.
Personnel means persons hired by the Contractor or by any Sub- Contractors and assigned to the performance of the Services or any part thereof.
SC means the Special Conditions of Contract by which the GC may be amended or supplemented.
Services means the services to be performed by the Contractor pursuant to this Contract, as described in the scope of services.
In writing means communicated in written form with proof of receipt.
Law Governing Contract
This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the laws of the Islamic Republic of Pakistan.
Notice
Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in the bidding document.
A Party may change its address for notice hereunder by giving the other Party notice in writing of such change to the address specified in the bidding document.
Authorized Representative
Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the SIL or the Supplier may be taken or executed by the officials.
Taxes and Duties
The Lessor shall pay such direct or indirect taxes, duties, fees, and other impositions levied under the Applicable Law as specified in the bidding document, the amount of which is deemed to have been included in the Contract Price.
Effectiveness of Contract
This Contract shall come into effect on the date the Contract is signed by both Parties. The date the Contract comes into effect is defined as the Effective Date.
Expiration of Contract
Unless terminated earlier pursuant to Lease agreement, this Contract shall expire at the end of such time period after the Effective Date as specified in the lease agreement.
Modifications or Variations
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 proposals for modification or variation made by the other Party.
Force Majeure
The failure on the part of the parties to perform their obligation under the contract will not be considered a default if such failure is the result of natural calamities, disasters and circumstances beyond the control of the parties.
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 insofar 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.
Extension of Time
Any period within which a Party 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.
Termination of Contract by lessor/lessee. As per clause 5
Good Faith
The Parties undertake to act in good faith with respect to each others rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.
Settlement of Disputes
Amicable Settlement
The Parties agree that the avoidance or early resolution of disputes is crucial for a smooth execution of the Contract and the success of the assignment. The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or its interpretation.
Arbitration
If the SNDB and the Supplier fail to amicably settle any dispute arising out of or in connection with the Contract within ten (10) days of commencement of such informal negotiations, the dispute shall be referred to arbitration of two arbitrators, one to be appointed by each party, in accordance with the Arbitration Act, 1940. Venue of arbitration shall be Karachi, Pakistan and proceedings of arbitration shall be conducted in English.
Data Ownership (Not Applicable)
The data in the implemented Computer System shall at all times remain the exclusive property of SIL. The Supplier is hereby required to transfer all necessary passwords, access codes or other information required for full access to the data to SIL upon successful commissioning of the Computer System and should not be available to any other party including the employees of the supplier.
Obligations of the Supplier (Not Applicable)
The Supplier shall perform the Services and carry out their obligations hereunder 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 Supplier shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the SIL, and shall at all times support and safeguard the SIL legitimate interests in any dealings with Sub-Suppliers or third Parties.
Conflict of Interest
The Supplier shall hold the SILs interests paramount, without any consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests.
Confidentiality
Except with the prior written consent of the SIL, the Supplier and the Personnel shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Supplier and the Personnel make public the recommendations formulated in the course of, or as a result of, the Services.
6. Lease Agreement
Copy of Agreement is enclosed as Annexure "A" which will be signed between the qualified Lessor & the Sindh Insurance at the time of possession of Premises. It is the mandatory for the lessor to agree all clauses of this agreement. In case of any disagreement at any stage of Contract, the bid will stand cancelled.
Annexure "A"
7. SPECIMEN OF LEASE AGREEMENT
LEASE AGREEMENT
This Lease Agreement is made at ________on this _____day of _________ 201_
BETWEEN
Mr. --------------------- S/o -------------------------, Muslim, adult, holding CNIC No.------------------------------, R/o. --------------------------. (hereinafter referred to as the Lessor) which expression shall, where the context so permits, means and includes its successors, administrators, executors and assigns) of the ONE PART;
AND
SINDH INSURANCE LIMITED, An Non-Life Insurance Company incorporated under the Companies Ordinance, 1984, having its registered office at 1st Floor, Imperial Court, Dr. Ziauddin Ahmed Road, Karachi, as the Lessee which expression shall, where the context so permits, means and includes its successors, administrators, executors and assigns) of the OTHER PART.
WHEREAS the Lessor is fully seized and possessed of and entitled to all that piece and parcel of Property ----------------------------------------------------------------------------------.
AND WHEREAS the Lessor has agreed to let and the Lessee has agreed to take on lease the aforesaid premises measuring ------------- sq.ft. for opening of -----------------------. (hereinafter referred to as the Demised Premises) on the terms and conditions as set forth hereunder:
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AS UNDER:
In consideration of the Lessee paying the rent herein after reserved in the manner hereinafter mentioned and the covenants hereinafter written to be observed by the Lessor and the Lessee, the Lessor doth hereby demise upon the Lessee the Demised Premises for a term of Eleven (11) months commencing from --------------- and ending on ---------------------.
SECTION I
(GENERAL TERMS)
Term
1. The Lessor hereby demises unto the Lessee the Demised Premises for a period of Eleven (11) months commencing from ---------------- and ending on ----------------- (both days inclusive), renovation for further terms as per terms agreed between parties.
Rent
2. The monthly rent of the Demised Premises will be Rs.--------------/- (Rupees -------------------------------------------- only) which shall be subject to 8% increase if the parties agree to renew the lease beyond one year period..
Advance Rent
3. The Lessee will pay the rent to the Lessor on monthly basis/quarterly basis. The Lessee shall deduct income tax from all amounts payable to the Lessor towards rent of the Demised Premises.
Renewal of Lease
3. On expiry of the term of Lease hereunder, the Lease shall be extended at the option of the Lessee on the terms and conditions to be mutually agreed upon by the parties hereto provided the Lessee has served upon the Lessor a notice of its intention to renew the Lease at least 90 days prior to the expiry of the tenure of the Lease as aforesaid.
Termination
4. The Lessee shall have a right to terminate this Agreement upon giving to the Lessor 90 days notice in writing.
Ejectment
5. The Lessor hereby expressly waives all its statutory and other rights of ejecting the Lessee from the Demised Premises except in the event Lessee fails to fulfill its commitments as appearing in Section II hereafter.
Indemnity
3. The Lessor hereby declares that the Demised Premises are free from all encumbrances, charges, claims and demands and that the Lessor have not done or omitted to do any act, deed or thing whatsoever whereby the Demises Premises may be subject to any charge, lien or attachment by any Bank, Court of Law, authority or person whosoever. The copies of title documents provided to the lessee are genuine and valid. If any discrepancy is found at a later stage affecting the lessees rights, the lessor undertakes
to rectify the same with in seven (7) days, failing which the lessee reserves the right to
terminate the agreement, whereupon the lessor shall be bound to immediately refund the
advance rent for the unexpired period.
SECTION II
(LESSEES COVENANTS)
The Lessee hereby covenants with the Lessor that it shall:
i) Not assign or sub let the Demised Premises or any part thereof to any other party;
ii) Use the Demised Premises for exclusive purpose of its office only;
iii) Pay on or before the due date all water, tanker charges, electricity, gas and telephone bills and any incidental charges or amounts claimed in respect thereof pertaining to the term of lease hereunder and handover copies of bills to the Lessor;
iv) Handover vacant and peaceful possession of the Demised Premises to the Lessor on expiry of the lease term as aforesaid or extended lease term as the case may be.
v) On termination of the lease as provided herein above in the same condition in which it was handed over to Lessee; except normal wear and tear;
vi) Carry out at its cost civil and/or electrical repair work as may be necessary for restoration and rehabilitation of the Demised Premises to the same condition when it was taken over by the Lessee if the same are damaged by fire or other mishap during the term of lease;
vii) Not carry out any structural alterations to the Demised Premises without the permission of the Lessor save those expressly authorized hereunder.
viii) To pay timely and regular rent as per lease agreement.
SECTION III
(LESSORS COVENANTS)
The Lessor hereby covenants with the Lessee that he shall:
The Lessor hereby covenants with the Lessee that he shall:
i) Hand over the possession of the Demised Premises to the Lessee at the time of signing of this agreement;
ii) To provide place for Emergency Exit. for any emergency situation in branch;
iii) To provide NOCs/Permissions for establishment of Banks Branch at the Demised Premises from all concerned local/ town/ city administration departments and onward submission to the concerned departments for power, telephone, DXX and ISDN lines, etc., at their cost and risk. In case the branch premises are sealed during construction by any govt. department or stay order is issued by court, the rent will not be paid of the period the premises remained closed.
iv) To provide proper place for Earth Bore/Earth Pits.
v) Be responsible to resolve any issue, if arises regarding ownership of cited property, in case of failure to do so , lessor will be liable to return the advance rent of remaining period along with all expenses incurred by the bank for renovation of its branch at the demised premises.
vi) Allow the Lessee to enjoy peaceful possession of the Demised Premises without any let or hindrance;
vii) Allow the Lessee to construct RCC lockers room/ vaults, toilet(s) and one kitchen in the Demises Premises as per its requirement;
viii) Allow installation of radio/TV/PTCL/DISH antenna and Network Tower (100 feet approximately) on the roof top of the Demised Premises without any extra charges;
ix) Allow installation of Solar PV Panels, at roof top for solar operated power system of Branch, which may take about 400 sq.ft. without any extra charges.
x) Provide suitable space (around the premises or on the roof top ) in Demised Premises without any extra charges for the installation of generator 60 KVA OR below and also provide Tax Certificate for permission of concerned departments for installation of generator.
xi) Pay all municipal, government, non-government and other rates, taxes and assessments which may be levied in respect of the Demised Premises;
xii) Not do or cause to be done by himself or his agent, workman or employee anything which may be or may become a nuisance value for the Lessee and/or its customers;
xiii) Ensure that the Demised Premises are and continue to remain structurally sound and undertake at his cost such major structural repairs as may be deemed necessary by the Lessee;
xiv) Allow installation of outer of the ACs at a technically suitable place without any extra charges;
xv) Allow the placement of Lessees signage/signboard on the roof top and front of the Demised Premises without any monetary claim.
xvi) Keep the Lessee indemnified from any loss(es) sustained on account of any defect in the Lessors title to the Demised Premises or any misrepresentation and concealment of fact at the time of entering into this Lease Agreement;
xvii) Allow installation of any machinery, equipment, apparatuses, communication system etc. as may be required by the Lessee to carry out its normal business and operational activities;
xviii) Allow Lessee to paint, display, affix or exhibit signs and insignia as may be appropriate and necessary for its various activities at its own cost;
xix) Allow Lessee to make partitions in the hall and convert the Demised Premises into workable condition as per its requirement. Any approval or permission required in this respect from any official authority, the lessor will obtain such approval / permission at his own cost.
xx) Provide at his expense running sweet water connection throughout the tenancy period;
xxi) Provide at his expense sewerage line (outer point) and also arrange repairing/shifting of drainage lines of upper floor, from demised premises, if any at lessors expense.
IN WITNESS WHEREOF the parties have signed these presents on the day, month and year first above mentioned.
LESSOR LESSEE
Sindh Insurance Limited
For & behalf of Sindh Insurance Limited
_____________________________ ___________________________
Name :
S/o :
CNIC :
WITNESSES
Full Name: __________________ Full Name: __________________
Signature: __________________ Signature: __________________
NIC No.: __________________ NIC No.: __________________
Address : __________________ Address __________________
IMPORTANT:
It is the mandatory for the lessor to agree all clauses of this agreement. In case of any disagreement at any stage of Contract, the bid will stand cancelled.
Annexure B
8. SCHEDULE OF AVAILABILITY, SUBMISSION & OPENING OF BIDS
For details refer to Newspaper Advertisement published on the subject matter.
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