Terms & Conditions |
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1. | SUBMISSION OF BIDS | ||||||||||||||||
1.1 | Bids in sealed envelope shall be dropped in the tender box placed at the Tender Opening Room, Ground Floor SSGC, Head Office |
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1.2 | Bids sent through courier be delivered, at least half an hour before the scheduled time of opening |
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1.3 | After the bids / quotations are opened, no bidder shall be allowed to revise, propose or request any changes in bid |
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1.4 | The bidder or authorized representative shall sign in full with stamp & date on each page of the tender document as well as enclosures vis-a vis, drawings, specifications etc. Any corrections, overwriting shall be duly signed |
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1.5 | Rate shall be item wise, as given in schedule of requirement unless | ||||||||||||||||
1.6 | Bidder is responsible for timely delivery (preferably through local agent) of bids at Procurement Department. Company will not be responsible for misplacement / tampering / non-attendance / delay or any other incident in case the bids are not delivered at the designated place & time |
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FOREIGN BIDS | |||||||||||||||||
1.7 | Bids shall be submitted in two copies, (original + copy) | ||||||||||||||||
1.8 | The price on FOB and C&F basis is to be quoted separately, essentially indicating the following | ||||||||||||||||
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2. | BID BOND | ||||||||||||||||
Bid bond equivalent to two percent (2%) of the total bid value, in favor of Sui Southern Gas Company Ltd, shall accompany the bid if bid value is Rs: 100,000 for local bid in the form of a Pay Order, Demand Draft, Call Deposit Receipt or a Bank Guarantee (specimen attached at Annexure-A), issued by a scheduled bank in Pakistan. The bid bond shall remain valid for 120 days unless specified otherwise. The bid bond shall be returned / refunded to the un-successful bidders while the bid bonds of the successful bidder shall be retained, till submission of performance bond. Bids without bid bond will not be considered. In case the order value is less than Rs. 500,000/- (less than US$ 25,000, in case of foreign bid) the bid bond in lieu of Performance Bond, will be retained till fulfillment of obligations by the supplier. If bid bond submitted by the supplier is more than 2% of ordered value, it may be replaced with appropriate value. If ordered material is less than Rs. 100,000/- the bid bond will be returned along with order. Bid Bond of non-compliant bidders may be released during evaluation process. |
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3. | BID VALIDITY | ||||||||||||||||
All offers shall remain valid for 90 days from the date of opening of bids, until any further extension agreed by the bidder. | |||||||||||||||||
4. | ACCEPTANCE / REJECTION | ||||||||||||||||
The company reserves the right to accept or reject any or all bids or part thereof, without assigning any reasons. | |||||||||||||||||
5. | RATE ESCALATION | ||||||||||||||||
Quoted price shall remain valid, firm, irrevocable and fixed till the fulfillment of obligations by the Supplier and will not be subject to escalation on any account. | |||||||||||||||||
6. | TECHNICAL LITERATURE & SAMPLES | ||||||||||||||||
If applicable / required, the Bidder (s) shall submit the following: | |||||||||||||||||
a. | Samples | ||||||||||||||||
b. | Original technical literature | ||||||||||||||||
c. | Test certificates | ||||||||||||||||
d. | Documentary evidence, will be required for legal import in case of imported material, at the time of delivery when quoted on FOR basis. | ||||||||||||||||
Note: Bidder who does not submit documents, certificates etc., will be considered commercially non-compliant. | |||||||||||||||||
7. | EVALUATION | ||||||||||||||||
Evaluation will be done on item-wise basis unless specified otherwise. The Company for timely delivery or economic reasons / compatibility may : | |||||||||||||||||
7.1 | Split the tendered items / quantities among more than one supplier. | ||||||||||||||||
7.2 | Form package of tendered items / quantities. | ||||||||||||||||
FOREIGN BIDS | |||||||||||||||||
7.3 | Evaluation will be done item wise C&F value, however award of order will be considered on item wise FOB value basis. | ||||||||||||||||
7.4 | Foreign currency exchange rate will be considered as of bid opening date. | ||||||||||||||||
8. | LOADING OF BIDS | ||||||||||||||||
If bidder has quoted his/her price deviating from specification requirements / terms and conditions without indicating the amount of cost compensation / loading will be arrived at in the following manner |
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a. | The cost compensation / loading amount for that item shall be derived | ||||||||||||||||
b. | If (a) is not possible, average of rates of other bidders, who have quoted for that item conforming to technical specification, shall form the basis for cost compensation / loading. |
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c. | The Purchaser shall encourage local participants in the bidding who will enjoy local price preference applicable/prevailing at the time of evaluation of the bids. However, they should submit local value addition on the imported raw material and percentage of locally manufactured part with documentary evidence which should be duly certified by their Company's auditors, along with the bid. |
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Bid will be declared non-compliant if loading results an extensive increase in price of material | |||||||||||||||||
9. | PERFORMANCE BOND | ||||||||||||||||
In case PO value is Rs. 500,000 or above (US $ 25,000 or above, or equivalent for other currencies, in case of foreign bid) letter of intent will be issued to successful bidders for submission of PBG which is to be submitted within ten days (15 days in case of foreign supplier) from receipt of LOI. The successful bidders shall submit a performance bond in the form of pay order or bank guarantee (specimen attached at Annexure-B) issued by a scheduled bank in Pakistan, for an amount equivalent to 10% of the total value of the Purchase Order or as specified, in the letter of intent. The performance bond unless specified otherwise, shall remain valid till: |
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a. | Completion of final satisfactory delivery in case of consumable items. | ||||||||||||||||
OR | |||||||||||||||||
b. | 12 months from the date of satisfactory delivery of the equipment or machinery. | ||||||||||||||||
The guarantee will be released after completion of this period, subject to satisfactory performance of the supplied equipment / machinery. The supplier shall keep the guarantee valid at their cost until fulfillment of the obligations. |
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10. | PURCHASE ORDER | ||||||||||||||||
Purchase order of quoted material may be placed on fulfillment of conditions mentioned at 7 & 9 above | |||||||||||||||||
11. | DELIVERY | ||||||||||||||||
11.1 | Free delivery at any of the following locations, unless specified otherwise: | ||||||||||||||||
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11.2 | Delivery period shall commence after 10 days of the issuance of letter of intent or from the date of Purchase Order which ever is earlier, unless otherwise specified | ||||||||||||||||
11.3 | The Supplier shall replace defective material at his / her risk & cost including transportation, duty, taxes etc. | ||||||||||||||||
11.4 | GST Invoice if applicable be submitted at R&D section alongwith material & delivery challan. | ||||||||||||||||
11.5 | In case of "FOB" order / contract, shipment (s) shall be effected per vessel of Pakistan National Shipping Corporation own or chartered vessels on "Freight to Collect" basis. Bill of lading to indicate "FREIGHT PAYABLE BY THE CONSIGNEE AT DESTINATION" | ||||||||||||||||
11.6 | Delivery is to be made strictly in accordance with "Delivery Schedule" mentioned in Schedule of Requirement | ||||||||||||||||
11.7 | Un-loading facilities i.e. cranes, fork lifters, labor etc., will be arranged by supplier at delivery site | ||||||||||||||||
12. | PACKING | ||||||||||||||||
The material shall be in original / sealed packing to ensure delivery without any damages during transit. | |||||||||||||||||
12.1 | The supplier shall be responsible
for and shall provide part of the work and services
/ functions and equipment related to packing,
handling, loading, lashing and securing in ship's
holds, and generally for supply of goods until
after loading in the vessel |
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12.2 | If any of the goods is discovered
to be damaged or unacceptable at the point of
embarkation, the supplier shall be responsible
for replacement of those goods free of any charges
and costs to the buyer, within the delivery time
schedule of the contract / order |
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12.3 | The supplier shall ensure
that ship's holds in which the goods stored are
clean, dry and otherwise suitably prepared for
carrying goods safely. The supplier shall arrange
for goods to be stored below deck |
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12.4 | The supplier shall ensure that the goods are packed and crated in a manner suitable for ocean shipment from the supplier's country of origin to Karachi, Pakistan. He / She shall ensure that the handling and storage of such goods and its placement in the ship's hold is compatible with good engineering practices and not liable to damage | ||||||||||||||||
12.5 | The identification marks
showing contents, quantity and contract / order
number shall be printed on each skid / metal container
/ case containing one copy of invoice & packing
list |
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13. | INSPECTION | ||||||||||||||||
Pre-delivery
inspection may be carried out at the premises
of Supplier (s) and / or post delivery inspection
at Company's any location, by the appointed inspector
/ inspection team, third party inspectors appointed
by SSGC. |
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14. | PAYMENT | ||||||||||||||||
The supplier
after delivery of goods and its acceptance shall
submit invoice to Finance Department, containing
relevant information i.e. (a) Purchase Order number
(b) Purchase Order date (c) item number (d) quantity
(e) price (f) invoice value (g) point of delivery
(h) delivery challan indicating delivery date.
Payment will be made, within 30 days of completion
of stated formalities. The company may consider
payment through irrevocable letter of credit (LC).
Charges of LC at our end will be borne by SSGC,
and at supplier end will borne by the supplier
and confirmation charges (if desired) shall be
borne by the supplier. |
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FOREIGN BIDS | |||||||||||||||||
14.1 | Payment of FOB price shall be made in the currency of bid through an irrevocable letter of credit established in favor of the supplier negotiable through the Bank of his choice. Bidder must indicate full name and address of the negotiating Bank and the place at which he wishes to negotiate the letter of Credit. All bank charge outside Pakistan will be on beneficiary's account and all bank charges in Pakistan will to opener's account. If letter of Credit is required to be confirmed, then confirmation charges will be on beneficiary account. Freight shall be payable to Pakistan National Shipping Corporation in Pak Rupees. | ||||||||||||||||
14.2 | The Letter of Credit shall be available upon presenting to the negotiating Bank of the following documents within fifteen (15) days of the date of the Bill of lading covering shipment of each consignment | ||||||||||||||||
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14.3 | Without prejudice to the
supplier's responsibility for providing documents
mentioned as at 14.2.1 to 14.2.5 above to bank,
the supplier shall forward the following documents
directly to Buyer immediately after shipment so
as to reach the Buyer at least 15 days prior to
the arrival of the vessel at Karachi. |
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The invoice to
be exactly as per Order. Any deviation which render
or cause the buyer to pay demurrage or any other
charges with respect to Clearance / Handling etc.
will be borne by the supplier |
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14.4 | No Payment hereunder shall be deemed to be accepted by the Buyer of the goods covered by such payment nor release the supplier from responsibility thereof under the terms of the Purchase Order | ||||||||||||||||
14.5 | If the Buyer is compelled to pay demurrage or Storage charges or incurs any loss or suffers any damage at Karachi Port on account of Non- compliance by the Supplier of above requirements, the Buyer shall be entitled at his sole discretion to recover the same amount from the Supplier | ||||||||||||||||
15. | TAXES | ||||||||||||||||
Income Tax @
3.5% or as applicable under the prevailing Government
rules will be deducted at source (except where
the supplier provides an income tax exemption
certificate). Quoted price shall be inclusive
of all taxes, except GST, which shall be mentioned
separately. |
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FOREIGN BID | |||||||||||||||||
Supplier shall
be entirely responsible for all taxes, stamp duties,
license fees and other such levies imposed / incurred
until delivery of the contracted / ordered goods
to the buyer, outside the buyer's country |
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16. | LIQUIDATED DAMAGES | ||||||||||||||||
If Supplier fails
to deliver ordered material within the stipulated
period / scheduled time specified in Purchase
Order, Company, without prejudice to any other
remedies, shall deduct from the bills or any other
due payments / guarantees, as liquidated damages,
a sum equivalent to 0.1% per day of the undelivered
goods upto maximum 10%. The liquidated damages
shall also be applicable for the cancelled quantity
of goods under Clause 17. Whenever liquidated
damages become payable, in the event that delivery
of all goods and equipment is not made within
the time period specified except on account of
force majueure, the buyer shall quantify the same
and shall serve notice to the supplier requiring
payment thereof. If the supplier fails to remit
payment within fifteen (15) days of receipt of
such notice, the buyer shall forth-with become
entitled to recover the same without recourse
to the supplier, by calling upon the performance
security, withdrawals by way of liquidated damages
shall not reduce the value of the performance
security |
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17. | DEFAULT BY SUPPLIER | ||||||||||||||||
The Company may, without prejudice to any other remedy by written notice of default sent to the supplier, cancel the Purchase Order whole or in part | |||||||||||||||||
a. | If the Supplier fails to deliver the ordered quantity as per specified delivery schedule or any extension thereof granted by the Company. | ||||||||||||||||
b. | If the supplier fails to perform any other obligation (s) under the Purchase Order. | ||||||||||||||||
c. | If the Company during the delivery period has reasons to believe that the supplier will not be able to fulfill the obligations under the Purchase Order. | ||||||||||||||||
The company prior
to the exercising its right to cancel the Purchase
Order shall issue notice to the supplier specifying
the default (s) and the supplier shall submit
an explanation within seven (07) days of receipt
of such notice. If such explanation is not furnished
within the stipulated time or if so furnished,
is found to be unsatisfactory and / or the default
(s) continues, Purchase Order may be cancelled.
The company in addition to cancellation of Purchase
order may suspend / cancel the registration of
supplier. |
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17.1 | The buyer shall have the right to terminate / cancel the contract agreement / purchase order concluded between the supplier and buyer if: | ||||||||||||||||
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17.2 | The supplier shall have the right to terminate the contract / order if :- | ||||||||||||||||
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18. | FORFEIT OF SECURITIES | ||||||||||||||||
The Company reserves
the right to forfeit the bid bond / performance
bond, if the supplier fails to accept the purchase
order, fulfillment of the commitment / obligation
or fails to supply the material as per specified
requirement and delivery schedule. |
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19. | DECLARATION | ||||||||||||||||
Bidder must furnish the declaration (specimen attached at Annexure-C) if the quoted amount becomes Rs. 10,000,000/- or above, being mandatory requirement. | |||||||||||||||||
20. | MARINE INSURANCE | ||||||||||||||||
20.1 | Marine Insurance shall be arranged by the buyer | ||||||||||||||||
20.2 | Supplier shall advise buyer by fax /email at least fifteen (15) days before the expected date of delivery on board (vessel) of each consignment the following particulars | ||||||||||||||||
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20.3 | Above details will also be advised by the supplier immediately after shipment direct to | ||||||||||||||||
M/s. National Insurance Corporation. P.O. box # 988, NIC building, 2nd Floor, Abbasi Shaheed Road, Karachi (Fax #92-021-9202779). Telex No. 25750 PK and to the buyer referring to policy No. NIF/M/K/OP/002/73 |