Standard Bidding Document

Procurement of Goods (NCB)

National Competitive Bidding
Single-Stage: Single Envelope Bidding Procedure
(Procurement without Bidder's Qualification)

Issued by:
Government of Nepal
Office of the Prime Minister and Council of Ministers
Public Procurement Monitoring Office (PPMO)
Tahachal, Kathmandu

August, 2022

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 BIDDING DOCUMENT

for

The Procurement of
Supply, Delivery, Installation, Testing
and Commissioning of Passenger Lift
National Competitive Bidding (NCB)

TRIBHUVAN UNIVERSITY

CENTRAL DEPARTMENT OF JOURNALISM AND

MASS COMMUNICATION
BALKHU, KATHMANDU

Issued on: 2081-10-15 (28th January, 2025)

Issued to: All Eligible Bidders
Invitation for Bids No.: NCB/TUCDJMC/GOODS/2081/082-02
NCB No.: NCB/TUCDJMC/GOODS/2081/082-02
Contract Identification No.: NCB/TUCDJMC/GOODS/2081/082-02
 Abbreviations
BDS...................... Bid Data Sheet
BD ....................... Bidding Document
DCS...................... Delivery and Completion Schedule
DP ……………….Development Partner
EQC ..................... Evaluation and Qualification Criteria
GCC ..................... General Conditions of Contract
GoN1 ..................... Government of Nepal
ICC....................... International Chamber of Commerce
IFB ....................... Invitation for Bids
ITB ....................... Instructions to Bidders
LGRS ................... List of Goods and Related Services
NCB ……………. National Competitive Bidding
PAN ……………..Permanent Account Number
PPMO ……………Public Procurement Monitoring Office
SBD...................... Standard Bidding Document
SBQ...................... Schedule of Bidder Qualifications
SCC……………. Special Conditions of Contract
SR ...................... Schedule of Requirements
TS......................... Technical Specifications
VAT …………… Value Added Tax

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“GoN” word indicates all public entities according to Public Procurement Act, 2063
Table of Contents
Invitation for Bids

PART 1 – Bidding Procedures

Section I. Instructions to Bidders ........................................................................................5
Section II. Bid Data Sheet .................................................................................................34
Section III. Evaluation and Qualification Criteria ............................................................39
Section IV. Bidding Forms ...............................................................................................47

PART 2 – Supply Requirements

Section V. Schedule of Requirements ..............................................................................59

PART 3 – Conditions of Contract and Contract Forms

Section VI. General Conditions of Contract .....................................................................66
Section VII. Special Conditions of Contract.....................................................................86
Section VIII. Contract Forms ............................................................................................93
 Re-Invitation for Bids
TRIBHUVAN UNIVERSITY
CENTRAL DEPARTMENT OF JOURNALISM AND MASS COMMUNICATION
BALKHU, KATHMANDU

Date of publication: 2081/10/15 (28th January, 2025)

Re-Invitation for Bids No: NCB/TUCDJMC/GOODS/2081/082-02
1. Tribhuvan University, Central Department of Journalism and Mass Communication, Balkhu,
Kathmandu has allocated fund towards the cost of Supply, Delivery, Installation, Testing and
Commissioning of Passenger Lift and intends to apply part of the funds to cover eligible payments
under the Contract for NCB/TUCDJMC/GOODS/2081/082-02. Bidding is open to all eligible
Bidders.

2. Tribhuvan University, Central Department of Journalism and Mass Communication, Balkhu,

Kathmandu invites electronic bids from eligible bidders for the procurement of Supply, Delivery,
Installation, Testing and Commissioning of Passenger Lift under National competitive bidding –
Single Stage Single Envelope procedures.

3. Eligible Bidders may obtain further information and inspect the bidding documents at the office of
Tribhuvan University, Central Department of Journalism and Mass Communication, Balkhu,
Kathmandu, [email protected], [email protected], 01-5355212 or may visit
PPMO egp system www.bolpatra.gov.np/egp.

4. Bidder who chooses to submit their bid electronically may download the bidding documents for e-
submission from PPMO’s e-GP system www.bolpatra.gov.np/egp. Bidders, submitting their bid
electronically, should deposit the cost of bidding document NRs. 3000.00 (Rupees Three
Thousand only. non refundable) in the following account as specified below .
Information to deposit the cost of bidding document in Bank:
Name of the Bank: Nepal Bank Limited
Name of Office: Central Department of Journalism and Mass Communication
Office Account no.: 21700100193616000001
5. Electronic bids must be submitted to the office Tribhuvan University, Central Department of
Journalism and Mass Communication, Balkhu, Kathmandu through PPMO’s e-GP system
www.bolpatra.gov.np/egp on or before 12:00 PM on 2081/10/30 (12th February, 2025). Bids
received after this deadline will be rejected.

6. The bids will be opened in the presence of Bidders' representatives who choose to attend at 2:00
PM on 2081/10/30 (12th February, 2025) at the office of Tribhuvan University, Central Department
of Journalism and Mass Communication. Bids must be valid for a period of 90 days from the date
of bid opening and must be accompanied by a bid security or scanned copy of the bid security in
pdf format in case of e-bid, amounting to a minimum of NRs. 83,000.00 which shall be valid for 30
days beyond the validity period of the bid.

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7. If the last date of purchasing and /or submission falls on a government holiday, then the next
working day shall be considered as the last date. In such case the validity period of the bid and bid
security shall remain the same as specified for the original last date of bid submission.

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 Section I. Instructions to Bidders
This section specifies the procedures to be followed by Bidders in the preparation and
submission of their Bids. Information is also provided on the submission, opening, and
evaluation of bids and on the award of contract.

Table of Clauses

A. General
1. Scope of Bid 5
2. Source of Funds 5
3. Fraud and Corruption 5
4. Eligible Bidders 8
5. Eligible Goods and Related Services 10
6. Site Visit 10
B. Contents of Bidding Document 10
7. Sections of the Bidding Document 11
8. Clarification of Bidding Document/Pre-bid meeting 11
9. Amendment of Bidding Document 11
C. Preparation of Bids 11
10. Cost of Bidding 11
11. Language of Bid 12
12. Documents Comprising the Bid 12
13. Letter of Bid and Price Schedules 12
14. Alternative Bids 13
15. Bid Prices and Discounts 13
16. Currencies of Bid 14
17. Documents Establishing the Eligibility of the Bidder 14
18. Documents Establishing the Conformity of the Goods and Related Services to the
Bidding Document 14
19. Documents Establishing the Qualifications of the Bidder 15
20. Period of Validity of Bids 16
21. Bid Security 16
22. Format and Signing of Bid 18
D. Submission and Opening of Bids 19
23. Sealing and Marking of Bids 19
24. Deadline for Submission of Bids 22
25. Late Bids 22
26. Withdrawal, or Modification of Bids 22
27. Bid Opening 24
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E. Evaluation and Comparison of Bids 25
28. Confidentiality 25
29. Clarification of Bids 25
30. Deviations, Reservations, and Omissions 26
31. Examination of Bid 26
32. Determination of Responsiveness 26
33. Non-material Non-conformi-ties 27
34. Correction of Arithmetical Errors 28
35. Goods manufactured in Nepal to be produced 28
36. Evaluation and Comparison of Bids 29
37. Post-qualification of the Bidder 30
38. Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids 30
F. Award of Contract 30
39. Award Criteria 30
40. Purchaser’s Right to Vary Quantities at Time of Award 30
41. Notification of Intention to Award 31
42. Performance Security 31
43. Signing of Contract 32
44. Complaint and Review 32

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 Section I. Instructions to Bidders

A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids indicated in the Bid Data
Sheet (BDS), the Purchaser as indicated in the BDS issues this
Bidding Document for the supply of Goods and Related Services
incidental thereto as specified in Section V, Schedule of
Requirements. The name, identification, and number of contracts
(packages/lots) are indicated in BDS.
1.2 Throughout this Bidding Document :
(a) the term “in writing” means communicated in written form with
proof of receipt;
(b) if the context so requires, singular means plural and vice versa;
and
(c) “day” means calendar day.

2. Source of Funds 2.1 GoN Funded: In accordance with its annual program and budget,
approved by the GoN, the Purchaser intends to apply a portion of the
allocated budget to eligible payments under the contract(s) indicated
in the BDS for which this Bidding Document is issued.
Or
DP Funded: The GoN has applied for or received financing
(hereinafter called “funds”) from the Development Partner
(hereinafter called “the DP”) indicated in the BDS toward the cost of
the project named in the BDS. The GoN intends to apply a portion
of the funds to eligible payments under the contract(s) for which this
Bidding Document is issued.
2.2 DP Funded: Payment by the DP will be made only at the request of
the GoN and upon approval by the DP in accordance with the terms
and conditions of the financing agreement between the GoN and the
DP (hereinafter called the “Loan Agreement”), and will be subject in
all respects to the terms and conditions of that Loan Agreement. No
party other than the GoN shall derive any rights from the Loan
Agreement or have any claim to the funds.

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3. Fraud and 3.1 Procuring Entities as well as Bidders, suppliers and contractors and their
Corruption sub-contractors shall adhere to the highest standard of ethics during the
procurement and execution of such contracts. In pursuance of this:;

(a) the Purchaser adopts, for the purposes of this provision, the terms as
defined below:
(i) “corrupt practice” means the offering, giving, receiving,
or soliciting, directly or indirectly, anything of value to influence
improperly the actions of another party;
(ii) “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;
(iii) “coercive practice” means impairing or harming, or threatening
to impair or harm, directly or indirectly, any party or the
property of the party to influence improperly the actions of a
party;
(iv) “collusive practice” means an arrangement between two or
more parties designed to achieve an improper purpose, including
influencing improperly the actions of another party.
(v) “obstructive practice” means (a) deliberately destroying,
falsifying, altering, or concealing of evidence material to an
investigation; (b) making false statements to investigators in
order to materially impede an investigation; (c) failing to
comply with requests to provide information, documents, or
records in connection with an investigation; (d) 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 (e) materially impeding
GoN/DP’s contractual rights of audit or access to information;
and
(vi) “integrity violation” is any act which violates Anticorruption
Policy, including (i) to (v) above and the following: abuse,
conflict of interest, violations of GoN/DP sanctions, retaliation
against whistleblowers or witnesses, and other violations of
Anticorruption Policy, including failure to adhere to the highest
ethical standard.
(b) the Purchaser will reject a proposal for award if it determines that
the Bidder recommended for award has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices or other integrity violations in competing for the contract;

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 (c) DP will cancel the portion of the financing allocated to a contract if it
determines at any time that representative(s) of the GoN or of a
beneficiary of DP-financing engaged in corrupt, fraudulent,
collusive, or coercive practices or other integrity violations during the
procurement or the execution of that contract, without the GoN
having taken timely and appropriate action satisfactory to DP to
remedy the situation.
(d) DP will impose remedial actions on a firm or an individual, at any
time, in accordance with DP's Anticorruption Policy and related
Guidelines (as amended from time to time), including declaring
ineligible, either indefinitely or for a stated period of time, to
participate in DP-financed, -administered, or -supported activities or
to benefit from an DP-financed, -administered, or -supported contract,
financially or otherwise, if it at any time determines that the firm or
individual has, directly or through an agent, engaged in corrupt,
fraudulent, collusive, coercive, or obstructive practices or other
integrity violations; and
(e) The Supplier shall permit the GoN/DP to inspect the Supplier’s
accounts and records relating to the performance of the Supplier and to
have them audited by auditors appointed by the GoN/DP, if so
required by the GoN/DP.

3.2 The Bidder shall not carry out or cause to carry out the following
acts with an intention to influence the implementation
of the procurement process or the procurement agreement :
(a) give or propose improper inducement directly or indirectly,
(b) distortion or misrepresentation of facts,
(c) engaging in corrupt or fraudulent practice or involving in such
act,
(d) interference in participation of other competing bidders,
(e) coercion or threatening directly or indirectly to cause harm to
the person or the property of any person to be involved in the
procurement proceedings,
(f) collusive practice among bidders before or after submission of bids
for distribution of works among bidders or fixing
artificial/uncompetitive bid price with an intention to deprive
the Purchaser the benefit of open competitive bid price,
(g) Contacting the Purchaser with an intention to influence the
Purchaser with regards to the bids or interference of any kind in
examination and evaluation of the bids during the period from the
time of opening of the bids until the notification of award of
contract.

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 3.3 PPMO, on the recommendation of the Procuring Entity may blacklist
a Bidder for a period of one (1) to three (3) years for its conduct including
on the following grounds and seriousness of the act committed by the
bidder:
(a) if convicted by a court of law in a criminal offence which
disqualifies the Bidder from participating in the contract,
(b) if it is established that the contract agreement signed by the Bidder
was based on false or misrepresentation of Bidder’s qualification
information,
(c)if it at any time determines that the firm has, directly or through an
agent, engaged in corrupt, fraudulent, collusive, coercive, or
obstructive practices in competing for, or in executing, a GoN/DP-
financed contract.
(d) if the Successful Bidder fails to sign the Contract.
3.4 A bidder declared blacklisted and ineligible by the GoN, Public
Procurement Monitoring Office (PPMO) and/or the DP in case of DP
funded project, may be ineligible to bid for a contract during the period
of time determined by the GoN, PPMO and/or the DP including credit
information bureau of Nepal.
3.5 In case of a natural person or firm/institution/company which is already
declared blacklisted and ineligible by the GoN, any other new or existing
firm/institution/company owned partially or fully by such Natural person
or Owner or Board of director of blacklisted firm/institution/company;
shall not be eligible bidder.
3.6 Furthermore, Bidders shall be aware of the provisions of GCC 34.1(c).

4. Eligible Bidders 4.1 This Invitation for Bids is open to eligible Bidders from all countries,
except for any specified in the BDS.
4.2 A Bidder may be a natural person, private entity, government-owned
entity (subject to ITB 4.5) or any combination of them with a formal
intent to enter into an agreement or under an existing agreement in
the form of a Joint Venture (JV). Maximum number of parners in JV
shall be as specified in BDS .In the case of a JV:
(a) all parties to the JV shall be jointly and severally liable; and
(b) a JV shall nominate a representative who shall have the
authority to conduct all businesses for and on behalf of any
and all the parties of the JV during the bidding process and, in
the event the JV is awarded the Contract, during contract
execution.

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 4.3 A Bidder shall not have a conflict of interest. Any Bidders found to
have a conflict of interest shall be disqualified. A Bidder may be
considered to be in a conflict of interest with one or more parties in
this bidding process if, including but not limited to:
(a) have controlling shareholders in common;
(b) receive or have received any direct or indirect subsidy from
any of them;
(c) have the same legal representative for purposes of this Bid;
(d) have a relationship with each other, directly or through
common third parties, that puts them in a position to have
access to information about or influence on the Bid of
another Bidder, or influence the decisions of the Purchaser
regarding this bidding process;
(e) a Bidder participates in more than one bid in this bidding
process. Participation by a Bidder in more than one Bid will
result in the disqualification of all Bids in which it is
involved. However, this does not limit the inclusion of the
same subcontractor, not otherwise participating as a Bidder,
in more than one bid; or
(f) a Bidder or any of its affiliates participated as a consultant in
the preparation of the design or technical specifications of the
goods and services that are the subject of the bid.
(g) a Bidder that has a close business or family relationship with a
professional staff of the Procuring Entity.

4.4 A Bidder that is under a declaration of ineligibility by the GoN/DP in

accordance with ITB 3.4, at the date of the deadline for bid submission
or thereafter, shall be disqualified. The list of debarred firms is
available at the electronic address specified in the BDS.
4.5 A GoN-owned enterprise may also participate in the bid if it is legally
and financially autonomous, it operates under commercial law, and it is
not dependent agency of the Purchaser.

4.6 Bidders shall provide such evidence of their continued eligibility

satisfactory to the Purchaser, as the Purchaser shall reasonably request.
4.7 Firms shall be excluded in any of the cases, if

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 (a) by an act of compliance with a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the
United Nations prohibits any import of goods or Contracting of
works or services from that country or any payments to persons or
entities in that country.
(b) DP Funded: as a matter of law or official regulation, GoN prohibits
commercial relations with that country, provided that the DP is
satisfied that such exclusion does not preclude effective
competition for the supply of goods or related services required;
(c) DP Funded: a firm has been determined to be ineligible by the DP
in relation to their guidelines or appropriate provisions on
preventing and combating fraud and corruption in projects
financed by them.

4.8 A bidder and all parties constituting the Bidder shall have the nationality of
an eligible country as defined by the concerned DP for DP funded
projects.
4.9 The domestic Bidder who has obtained Permanent Account Number
(PAN) and Value Added Tax (VAT) registration certificate(s) and Tax
clearance certificate or proof of submission of tax return from the Inland
Revenue Office shall only be eligible. The foreign bidder submitting the
documents indicated in the BDS at the time of bid submission and a
declaration to submit the document(s) indicated in the BDS at the time of
contract agreement shall only be eligible

5. Eligible Goods 5.1 All goods and related services to be supplied under the contract are
and Related eligible, unless their origin is from a country specified in the BDS.
Services 5.2 For purposes of this clause, “origin” means the place where the goods are
mined, grown, or produced, or the place from which the related services
are supplied
5.3 The nationality of the firm/Bidder that produces, assembles, distributes, or
sells the goods shall not determine their origin.

6. Site Visit 6.1 For goods contracts requiring installation/ commissioning/ networking
or similar services at site, the Bidder, at the Bidder’s own
responsibility and risk, is encouraged to visit and examine the Site and
obtain all information that may be necessary for preparing the Bid and
entering into a contract for the supply of goods and related services.

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 6.2 The Bidder should ensure that the Purchaser is informed of the visit in
adequate time to allow it to make appropriate arrangements.
6.3 The costs of visiting the Site shall be at the Bidder’s own expense.

B. Contents of Bidding Document

7. Sections of the 7.1 The Bidding Document consist of Parts 1, 2, and 3, which include
Bidding all the Sections indicated below, and should be read and construed in
Document conjunction with any Addenda issued in accordance with ITB 9.
PART 1 Bidding Procedures

• Section I. Instructions to Bidders (ITB)

• Section II. Bid Data Sheet (BDS)

• Section III. Evaluation and Qualification Criteria

• Section IV. Bidding Forms

PART 2 Supply Requirements

• Section V. Schedule of Requirements

PART 3 Conditions of Contract and Contract Forms

• Section VI. General Conditions of Contract (GCC)

• Section VII. Special Conditions of Contract (SCC)

Section VIII. Contract Forms
7.2 The Purchaser will reject any Bid submission (in case of hard copy
submission) if the Bidding Document was not purchased directly from
the Purchaser, or through its assigned office as stated in the invitation
for bids or has not deposited (in case of electronically submission) the
cost of Bidding Document as stated in the invitation for bids.
7.3 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Document as well as in Amendments, if
any. Failure to furnish all information or documentation required by
the Bidding Document may result in the rejection of the Bid.
7.4 The Invitation for Bids issued by the Purchaser is not part of the Bidding
Document

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8. Clarification 8.1 A prospective Bidder requiring any clarification of the Bidding
of Bidding Document shall contact the Purchaser in writing at the Purchaser’s
Document/Pre address indicated in the BDS or raise any question or curiosity
-bid meeting during the pre-bid meeting if provided for in accordance with ITB
8.2. The Purchaser will respond in writing to any request for
clarification, provided that such request is received within the time
limit specified in the BDS prior to the deadline for submission of
Bids. The Purchaser shall forward copies of its response to all
Bidders who have acquired the Bidding Document directly from it,
including a description of the inquiry but without identifying its
source. Should the Purchaser deem it necessary to amend the Bidding
Document as a result of a clarification, it shall do so following the
procedure under ITB 9 and 24.2.
8.2 The purchaser may organize a pre-bid meeting of Bidders at least ten (10)
days before the deadline for submission of Bids at the place, date, and
time as specified in the BDS to provide information relating to Bidding
Documents, Technical specifications and the like matters. Should the
purchaser deem it necessary to amend the Bidding Document as a result
of a clarification, it shall do so following the procedure under ITB 9 and
ITB 24.2.

9. Amendment of 9.1 At any time prior to the deadline for submission of the Bids, the
Bidding Purchaser may amend the Bidding Document by issuing addenda.
Document
9.2 Any addendum issued shall be part of the Bidding Document and
shall be communicated in writing to all who have obtained the
Bidding Document directly from the Purchaser.
9.3 To give prospective Bidders reasonable time in which to take an
addendum into account in preparing their Bids, the Purchaser may, at
its discretion, extend the deadline for the submission of the Bids,
pursuant to ITB 24.2.

C. Preparation of Bids
10. Cost of 10.1 The Bidder shall bear all costs associated with the preparation and
Bidding submission of its Bid, and the Purchaser shall not be responsible or
liable for those costs, regardless of the conduct or outcome of the
bidding process.

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11. Language of 11.1 The Bid, as well as all correspondence and documents relating to
Bid the Bid exchanged by the Bidder and the Purchaser, shall be
written in the language specified in the BDS. Supporting
documents and printed literature that are part of the Bid may be in
another language provided they are accompanied by an accurate
translation of the relevant passages in the language specified in
the BDS, in which case, for purposes of interpretation of the Bid,
such translation shall govern.

12. Documents 12.1 The Bid shall comprise the following:

Comprising
the Bid (a) Letter of Bid and the applicable Price Schedules, in
accordance with ITB Clauses 13, 15, and 16;
(b) Bid Security in accordance with ITB 21;
(c) alternative bids, at Bidder’s option and if permissible, in
accordance with ITB 14;
(d) written confirmation authorizing the signatory of the Bid to
commit the Bidder, in accordance with ITB 22;
(e) documentary evidence in accordance with ITB 17 establishing
the Bidder’s eligibility to bid;
(f) documentary evidence in accordance with ITB Clauses 18 and
31, that the Goods and Related Services conform to the
Bidding Document;
(g) documentary evidence in accordance with ITB 19 establishing
the Bidder’s qualifications to perform the contract if its Bid is
accepted; and
(h) any other required documents, which is not against the
provision of Procurement Act/Regulation/Directives and
Standard Bidding Document issued by PPMO, required in the
BDS.
12.2 The Bidder is solely responsible for the authenticity of the submitted
documents.

13. Letter of Bid 13.1 The Bidder shall submit the Letter of Bid using the form furnished in
and Price Section IV, Bidding Forms. This form must be completed without
Schedules any alterations to its format, and no substitutes shall be accepted. All
blank spaces shall be filled in with the information requested.

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 13.2 The Bidder shall submit the Price Schedules for Goods and Related
Services, according to their origin as appropriate, using the forms
furnished in Section IV, Bidding Forms
14. Alternative Bids 14.1 Unless otherwise indicated in the BDS, alternative bids shall not be
considered.

15. Bid Prices and 5.1 The prices and discounts quoted by the Bidder in the Letter of Bid and in
Discounts the Price Schedules shall conform to the requirements specified below.
15.2 The Bidder shall complete the appropriate Price Schedule and the sources
of Goods schedules included herein, stating the unit prices, total cost per
item, the total Bid amount, and the expected countries of origin of the
Goods to be supplied under the contract.
15.3 Prices quoted in the Price Schedules shall be included the cost of
goods, other taxes already paid or payable on the components and
raw material used in the manufacture or assembly of the item, the
customs duties, transportation cost up to final delivery, insurance
cost, unloading, and any other cost for (incidental) services, if any,
related to the delivery of goods. All risks and responsibilities up to
the final destination including installation and commissioning of
Goods, if applicable, shall be borne by the Supplier. All items in the
Schedule of Supply must be listed and priced separately in the Price
Schedules. If a Price Schedule shows items listed but not priced, their
prices shall be assumed to be included in the prices of other items.
Items not listed in the Price Schedule shall be assumed not to be
included in the Bid, and provided that the Bid is substantially
responsive, the corresponding adjustment shall be applied in
accordance with ITB 36.3. Unit rates and prices for all items in the
Schedule of Supply shall be expressed in positive values. If unit rates
and prices are expressed in negative values, the bid will be rejected.
15.4 Prices quoted by the Bidder shall be fixed during the Bidder’s
performance of the Contract and not subject to variation on any
account, unless otherwise specified in the BDS. A Bid submitted
with an adjustable price quotation shall be treated as non responsive
and shall be rejected, pursuant to ITB 32. However, if in accordance
with the BDS, prices quoted by the Bidder shall be subject to
adjustment during the performance of the Contract, a Bid submitted
with a fixed price quotation shall not be rejected, but the price
adjustment shall be treated as zero.

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 15.5 The Bidder's separation of price components in accordance with ITB
15.2 above will be solely for the purpose facilitating the comparison of
bids by the Purchaser and will not in any way limit the Purchaser's
right to contract on any of the terms offered.
15.6 The price to be quoted in the Letter of Bid shall be the total price of
the Bid excluding any discounts offered. Absence of the total bid
price in the Letter of Price Bid may result in the rejection of the Bid.
15.7 If the Bidder intends to offer any unconditional discount, it shall always
be expressed in fixed percentage and that shall not vary as the quantity
varies and be applicable to each unit rate. The discount and
methodology for its application shall be quoted in Letter of Bid.
15.8 If so indicated in ITB 1.1, Bids are being invited for individual
contracts (lots) or for any combination of contracts (packages).
Bidders wishing to offer any price discount for the award of more
than one Contract shall specify in their Bids the price discount
applicable to each package, or alternatively, to individual Contracts
within the package. Price discounts shall be submitted in accordance
with ITB 15.7, provided the Bids for all lots are submitted and
opened at the same time.

16. Currencies of 16.1 All Prices shall be quoted in Nepalese Rupees.

Bid

17. Documents 17.1 To establish their eligibility in accordance with ITB 4, Bidders shall:
Establishing
the Eligibility (a) complete the eligibility declarations in the Letter of Bid,
of the Bidder included in Section IV, Bidding Forms; and
(b) if the Bidder is an existing or intended JV in accordance with
ITB 4.2, submit a copy of the JV Agreement, or a letter of intent
to enter into such an Agreement. The respective document shall
be signed by all legally authorized signatories of all the parties
to the existing or intended JV, as appropriate.
(c) submit the copy of the documents as specified in Section III,
Evaluation and Eligibility Criteria.

18. Documents 18.1 To establish the conformity of the Goods and Related Services to the
Establishing Bidding Document, the Bidder shall furnish as part of its Bid the
the documentary evidence that the Goods and Related Services conform
Conformity of to the requirements specified in Section V, Supply Requirements.

15
 the Goods and 18.2 The documentary evidence may be in the form of literature, drawings
Related or data, and shall consist of a detailed item-by-item description of the
Services to the essential technical and performance characteristics of the Goods and
Bidding Related Services, demonstrating substantial responsiveness of the
Document Goods and Related Services to those requirements, and if applicable,
a statement of deviations and exceptions to the provisions of Section
V, Schedule of Requirements.
18.3 The Bidder shall also furnish a list giving full particulars, including
available sources and current prices of spare parts, special tools, etc.,
necessary for the proper and continuing functioning of the Goods
during the period specified in the BDS following commencement of
the use of the goods by the Purchaser.
18.4 Standards for workmanship, process, material, and equipment, as well
as references to brand names or catalogue numbers specified by the
Purchaser in the Section V, Schedule of Requirements, are intended
to be descriptive only and not restrictive. The Bidder may offer other
standards of quality, brand names, and/or catalogue numbers,
provided that it demonstrates, to the Purchaser’s satisfaction, that the
substitutions ensure substantial equivalence or are superior to those
specified in Section V, Schedule of Requirements.

19. Documents 19.1 The documentary evidence of the Bidder’s eligibility to perform the
Establishing contract, if its bid is accepted, shall establish to the Purchaser’s
the Eligibility satisfaction that the Bidder meets each of the Eligibility criterion
of the Bidder specified in Section III, Evaluation and Eligibility Criteria.
19.2 If so required in the BDS, a Bidder that does not manufacture or produce
the Goods it offers to supply shall submit the Manufacturer’s
Authorization using the form included in Section IV, Bidding Forms to
demonstrate that it has been duly authorized by the manufacturer or
producer of the Goods to supply these Goods in Nepal and take care of
the warranty provided.
19.3 If so required in the BDS, a Bidder that does not conduct business
within Nepal shall submit evidence that it will be represented by an
Agent in Nepal equipped and able to carry out the Supplier’s
maintenance, repair and spare parts-stocking obligations prescribed
in the Conditions of Contract and/or Technical Specifications.
19.4 A foreign Bidder wishing to have or already having a local agent shall
state the following:
a. Name and address of the Agent/Representative,

16
 b. The Agent/Representative providing type of services,
c. Amount of commission if the Agent/Representative is entitled to
get such payment and if it participates in the procedure of
payment,
d. Other agreement with Agent/Representative, if any,
e. Bidder shall certify in the Letter of Authorization as follows:
"We certify that the statement and disclosure made by us on the above are
complete and true to the best of our knowledge and belief",
If the agent has not been appointed:
a. Source of information about tender invitation,
b. The remuneration given to the individual or firm/company or
organization to work on its behalf for submitting tender,
representation in the bid opening and other required action in
connection with the tender,
c. Transfer or handover an evidence of foreign currency exchanged
which required to be submitted with the tender,
d. If the bank account of any Nepali citizen has been used for the
exchange of foreign currency specify the name of the individual
and his address. If the foreign currency has been exchanged by
self then the certificate of currency exchange.
19.5 If a foreign Bidder in its Bid, has not provided the information
mentioned in ITB 19.4 or has submitted its bid stating that the Bidder
does not have a local agent and later it is proved that the bidder has a
local agent or it is proved that the commission mentioned in the Bid
is less than the commission received by the local agent then the
Purchaser shall initiate proceedings to blacklist such bidder in
accordance with ITB 3.3.

20. Period of 20.1 Bid shall remain valid for a period specified in the BDS after the bid
Validity of submission deadline date prescribed by the purchaser. If the
Bids prescribed bid submission deadline date falls on a government holiday,
then the next working day shall be considered as the bid submission
deadline date. In such case the validity period of the bids shall be
considered from the original bid submission deadline date. A bid valid
for a shorter period shall be rejected by the purchaser as
nonresponsive.

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 20.2 In exceptional circumstances, prior to the expiration of the bid validity
period, the Purchaser may request Bidders to extend the period of
validity of their Bids. The request and the responses shall be made in
writing. If a Bid Security is requested in accordance with ITB 21, it
shall also be extended for a corresponding period. A Bidder may
refuse the request without forfeiting its Bid Security. A Bidder
granting the request shall not be required or permitted to modify its
Bid and to include any additional conditions against the provisions
specified in Bid Documents.

21. Bid Security 21.1 The Bidder shall furnish as part of its bid, in original form a Bid
Security as specified in the BDS. In case of e-submission of bid, the
Bidder shall upload scanned copy of Bid security letter at the time of
electronic submission of the bid. The Bidder accepts that the scanned
copy of the Bid security shall, for all purposes, be equal to the original.
The details of original Bid Security and the scanned copy submitted
with e-bid should be the same otherwise the bid shall be non-
responsive.
21.2 If a bid security is specified pursuant to ITB 21.1, the bid security
shall be a demand guarantee in any of the following forms at the
Bidder’s option:

(a) original copy of an unconditional bank guarantee from

Commercial Bank or Financial Institution eligible to issue Bank
Guarantee as per prevailing Law or;

(b) original copy of cash deposit voucher in the Purchaser 's Account
as specified in BDS.

In case of a bank guarantee, the Bid Security shall be submitted

either using the Bid Security Form included in Section IV, Bidding
Forms or in another form acceptable to the purchaser. The form must
include the complete name of the Bidder. The Bid Security shall be
valid for minimum thirty (30) days beyond the end of the validity
period of the bid, or beyond any period of extension if requested under
ITB 20.2.
The bid security issued by any foreign Bank outside Nepal must be
counter guaranteed by an Commercial Bank or Financial Institution
eligible to issue Bank Guarantee as per prevailing Law in Nepal.

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21.3 If a bid Security is required in accordance with ITB 21.1, any Bid not
accompanied by an enforceable and substantially compliant Bid
Security in accordance with ITB 21.2, shall be rejected by the
Purchaser as nonresponsive. In case of e- Submission, if the scanned
copy of an acceptable bid security letter is not uploaded with the
electronic bid then bid shall be rejected.
21.4 If a Bid Security is specified pursuant to ITB 21.1, the Bid Security of
unsuccessful Bidders shall be returned within three (3) days upon the
successful Bidder’s` furnishing of the required performance security
and signing of the Contract Agreement pursuant to ITB 42.1 and 43.1.
21.5 If a Bid Security is specified pursuant to ITB 21.1, the Bid Security of
the successful Bidder shall be returned as promptly as possible once
the successful Bidder has signed the Contract Agreement and
furnished the required Performance Security.
21.6 The Bid Security may be forfeited:
(a) a Bidder requests for withdrawal or modification of its bid, except as
provided in ITB 20.2

(i) during the period of bid validity specified by the Bidder on the
Letter of Bid, in case of electronic submission;

(ii) from the period twenty-four hours prior to bid submission deadline
up to the period of bid validity specified by the Bidder on the Letter
of Bid, in case of hard copy submission.

(b) a Bidder changes the prices or substance of the bid while providing
information pursuant to clause 29.1;

(c) a Bidder involves in fraud and corruption pursuant to clause 3.1;

(d) the successful Bidder fails to:

(i) furnish a performance security in accordance with ITB 42.1;
(ii) sign the Contract in accordance with ITB 43.1; or
(iii) accept the correction of arithmetical errors pursuant to clause
34.

21.7 The Bid Security of a JV must be in the name of the JV that submits the
bid. If the JV has not been legally constituted at the time of bidding, the
Bid Security shall be in the names of all future partners as named in the
letter of intent mentioned in ITB 17.1 (b).

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22. Format and 22.1 The Bidder shall prepare one original set of the documents comprising
Signing of Bid the bid as described in ITB 12 and clearly mark it “ORIGINAl".
Alternative bids, if permitted in accordance with ITB 14, shall be
clearly marked “ALTERNATIVE”. In addition, the Bidder shall
submit copies of the bid, in the number specified in the BDS and
clearly mark each of them “COPY NO… - BID”. In the event of any
discrepancy between the original and the copies, the original shall
prevail.
In case of e-submission of bid, the Bidder shall submit his bid
electronically in PDF or online forms files as specified in ITB
Clause 23.1(b). If a Bidder submits both the electronic bid and a bid in
hard copy within the bid submission deadline, then the submitted Bids
shall be accepted for evaluation provided that the facts and figures in
hard copy confirm to those in electronic bid. If there is any major
discrepancy in fact and figures in the electronic bid and bid in hard
copy, it shall be treated as two separate bids from one Bidder and both
the Bids shall be disqualified, as per ITB Clause 4.3 (e).
22.2 The original and all copies of the bid shall be typed or written in
indelible ink and shall be signed by a person duly authorized to sign
on behalf of the Bidder. This authorization shall consist of a written
confirmation as specified in the BDS and shall be attached to the
Bid. The name and position held by each person signing the
authorization must be typed or printed below the signature. All pages
of the bid, except for un amended printed literature, shall be signed or
initialed by the person signing the bid.
22.3 Any amendments such as interlineations, erasures, or overwriting shall
be valid only if they are signed or initialed by the person signing the
Bid.
D. Submission and Opening of Bids
23. Sealing and 23.1 Unless otherwise specified in BDS, Bidders shall submit their bids by
Marking of electronic or by mail/ by hand/ by courier. Procedures for submission,
Bids sealing and marking are as follows:

(a) Bidders submitting bids by mail, by hand or by Courier shall enclose

the original and each copy of the Bid, including alternative bids,
if permitted in accordance with ITB 14, in separate sealed
envelopes, duly marking the envelopes as “ORIGINAL”,
“ALTERNATIVE” and “COPY No…. –BID” as appropriate.
These envelopes containing the original and the copies shall then be
enclosed in one single envelope.
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 (b) Bidders submitting Bids electronically shall follow the electronic bid
submission procedure specified in this clause.

i. The bidder is required to register in the e-GP system

https://www.bolpatra.gov.np/egp following the procedure
specified in e-GP guideline.

ii. Interested bidders may either purchase the bidding

document from the Employer's office as specified in the
Invitation for Bid (IFB) or bidders may download the IFB
and bidding document from e-GP system.

iii. The registered bidders need to maintain their profile data

required during preparation of bids.

iv. In order to submit their bids the cost of the bidding

document can be deposited as specified in IFB. In
addition, electronic scanned copy (.pdf format) of the
bank deposit voucher/cash receipt should also be
submitted along with the technical bid.

v. The bidder can prepare their technical and price bids using
data and documents maintained in bidder’s profile and
forms/format provided in bidding document by
Employer. The bidder may submit bids as a single entity
or as a joint venture. The bidder submitting bid in joint
venture shall have to upload joint venture agreement
along with partner(s) Bolpatra ID provided during
bidder’s registration.

vi. Bidders (all partners in case of JV) should update their

profile data and documents required during preparation
and submission of their technical bids.

vii. In case of bid submission in JV, the consent of the partners

shall be obtained through the confirmation link sent to the
registered email address and the partners shall have to
acknowledge their confirmation.

The required documents and forms shall be prepared in PDF form and/or
shall be filled in the web forms in the e-GP system as specified below.

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No. Document Requirement Remarks

1. Letter of Bid Mandatory PDF

2. Bid Security/Bank Mandatory PDF
Guarantee
3. Company registration Mandatory PDF
Certificate
4. VAT registration
Mandatory PDF
Certificate (for domestic
bidders only)
5. Business Registration Mandatory PDF
Certificate
6. Tax Clearance Mandatory PDF
Certificate/Tax return (for domestic
submission bidders only)
evidence/evidence of
time extension
7. Power of Attorney of Mandatory PDF
Bid signatory
8. Bank Voucher for Mandatory PDF
cost of bid document
9. Joint venture Mandatory in PDF
agreement case of
JV Only
10. Eligibility Mandatory PDF
Documents
11. Completed Price Mandatory Online Forms
Schedule
12. Technical Mandatory PDF or Online
Specification Forms
13. Delivery and Mandatory PDF or Online
Completion Schedule Forms
14. Additional Mandatory (If PDF
documents] any)
specified in ITB 12.1
(h)

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Note:
a) The documents specified as “Mandatory” should be
included in e-submission and non-submission of the
documents shall be considered as non-responsive bid.
b) Bidders (all partners in case of JV) should verify/update their
profile documents as appropriate for the specific bid before
submitting their bid electronically.
viii. After providing all the details and documents, two separate
bid response documents i.e technical bids and price bids
will be generated from the system. Bidders are advised to
download and verify the response documents prior to bid
submission.
ix. For verifying the authentic user, the system will send one
time password (OTP) in the registered e-mail address of
the bidder. System will validate the OTP and allow
bidder to submit their bid.
x. Electronically submitted bids can be modified and/or
withdrawn through system. The bidder may modify their
bids multiple times online within bid submission date and
time specified in e-GP system. Once a Bid is withdrawn,
bidder won’t be able to submit another bid response for
the same bid.

xi. The Bidder / Bid shall meet the following requirements and
conditions for e-submission of bids;
aa) The e-submitted bids must be readable through PDF
reader.
bb) The facility for submission of bid electronically
through e-submission is to promote transparency, non-
discrimination, equality of access, and open
competition in the bidding process. The Bidders are
fully responsible to use the e- submission facility
properly in e-GP system as per specified procedures
and in no case the Employer shall be held liable for
Bidder's inability to use this facility.
cc) When a bidder submits electronic bid through the
PPMO e-GP portal, it is assumed that the bidder has
prepared the bid by studying and examining the
complete set of the Bidding documents including
specifications, drawings and conditions of contract.

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 23.2 The inner and outer envelopes shall:
(a) bear the name and address of the Bidder;
(b) be addressed to the Purchaser in accordance with ITB 24.1; and
(c) bear a warning "NOT TO OPEN BEFORE THE TIME AND
DATE FOR BID OPENING"
(d) bear the specific identification of this bidding process
indicated in BDS 1.1.
23.3 If all envelopes are not sealed and marked as required, the Purchaser
will assume no responsibility for the misplacement or premature
opening of the bid.

24. Deadline for 24.1 Bids must be received by the Purchaser at the address and no later than
Submission of the date and time indicated in the BDS. In case of e-submission, the
Bids standard time for e-submission is Nepal Standard Time as set out in
the server. The e-procurement system will accept the e-submission of
bid from the date of publishing of notice and will automatically not
allow the e-submission of bid after the deadline for submission of
bid.
24.2 The Purchaser may, at its discretion, extend the deadline for the
submission of Bids by amending the Bidding Document in
accordance with ITB 9, in which case all rights and obligations of the
Purchaser and Bidders previously subject to the deadline shall
thereafter be subject to the deadline as extended. However, the time
available to submit bids shall not be less than five (5) days since
amendment in bidding document.

25. Late Bids 25.1 The Purchaser shall not consider any Bid that arrives after the deadline
for submission of Bids, in accordance with ITB 24. Any Bid received
by the Purchaser after the deadline for submission of Bids shall be
declared late, rejected, and returned unopened to the Bidder.

26. Withdrawal, 26.1 A bidder may withdraw, or modify its bid after it has been submitted
or either in hard copy or by e-Submission. Once a Bid is withdrawn,
Modification bidder shall not be able to submit another bid for this bidding
of Bids process. Procedures for withdrawal or modification of submitted bids
are as follows:
GoN Funded:
(i) Bids submitted in hard Copy

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 a) Bidders may withdraw or modify its bids by sending a written
notice in a sealed envelope, duly signed by an authorized
representative, and shall include a copy of the authorization in
accordance with ITB 22.2 before 24 hours prior to the last
deadline of submission of bid. The corresponding modification of
the bid must accompany the respective written notice. All notices
must be:
(aa) prepared and submitted in accordance with ITB 22 and ITB
23, and in addition, the respective envelopes shall be clearly
marked “WITHDRAWAL”, “MODIFICATION;” and
(bb) received by the Purchaser 24 hours prior to the deadline
prescribed for submission of bids, in accordance with ITB 24.
DP Funded:
Bidders may withdraw or modify its Bid – Technical or Price – after it
has been submitted by sending a written notice, duly signed by an
authorized representative, and shall include a copy of the authorization
in accordance with ITB 22.2. The corresponding modification of the
Bid must accompany the respective written notice. All notices must be
(aa) prepared and submitted in accordance with ITB 22 and ITB
23, and in addition, the respective envelopes shall be clearly
marked “WITHDRAWAL,” and “MODIFICATION;” and
(bb) received by the Employer prior to the deadline prescribed
for submission of Bids, in accordance with ITB 24.
ii) E-submitted bids.
a) Bidder may submit modification or withdrawal prior to the
deadline prescribed for submission of bids through e-GP system by
using the forms and instructions provided by the system. Once a
Bid is withdrawn, bidder shall not able to submit another bid for
the same bid.
26.2 Bids requested to be withdrawn in accordance with ITB 26.1 (i)
shall be returned unopened to the Bidders after the end of bid
opening process.

26.3 The following provisions apply for withdrawal or modification of the

Bids:
GoN Funded
i. In case of bids submitted in hard copy no bid shall be
withdrawn or modified in the interval between 24 hours
prior time of the deadline for submission of bids and the
expiration of the period of bid validity specified by the
Bidder on the Letter of Bid or any extension thereof.

25
 ii. In case of e-submitted bids no bids shall be withdrawn or
modified in the interval between deadline for submission of
bids and the expiration of the period of bid validity specified
by the Bidder on the bid submission form or any extension
there of.

DP Funded
No Bid may be withdrawn or modified in the interval between the
deadline for submission of Bids and the expiration of the period of bid
validity specified by the Bidder on the Letters of Technical Bid and
Price Bid or any extension thereof.
26.4 Except in case of any modification or correction in bid document
made by procuring entity, Bidder may submit request for withdrawal or
modification only one time.

26.5 In case of hard copy bid, no bid may be withdrawn if the bid has
already been modified; except in case of any modification or
correction in bid document by procuring entity.
26.6 Request for withdrawal or modification must be made through the
same medium of submission. Request for withdrawal or
modifications through different medium shall not be considered.

27.Bid Opening 27.1 The Purchaser’s bid opening committee shall conduct the opening of
Bids in public in the presence of bidder or its representative who
choose to attend at the address, date and time specified in the BDS.
27.2 The opening committee shall download the e-submitted Bid files. The
e-procurement system allows the Purchaser to download the e-
submitted Technical Bid files (report) only after bid opening date and
time after login simultaneously by two members of the Bid Opening
Committee.
27.3 Electronically submitted Bid shall be opened at first in the same time
and date as specified above. Electronic Bids shall be opened one by
one and read out. The e-submitted Bids must be readable through
open standards interfaces. Unreadable and or partially submitted bid
files shall be considered incomplete.
27.4 Before opening the bids, the opening committee shall separate the
envelopes of the bids received after the deadline of bid submission,
the envelopes containing an application given for WITHDRAWAL,
MODIFICATION of bids and the envelopes of bids duly registered.
The bids received after the deadline of submission shall be returned
to the concerned bidder unopened. Then envelopes marked
“WITHDRAWAL” shall be opened first, read out, and recorded, and

26
 the envelope containing the corresponding Bid shall not be opened,
but returned to the Bidder. If the withdrawal notice is not
accompanied by a copy of the valid authorization pursuant to ITB
22.2, the withdrawal shall not be permitted and the corresponding Bid
will be opened. Next, envelopes marked “MODIFICATION” shall be
opened, read out, and recorded with the corresponding Bid. No Bid
shall be modified unless the corresponding Modification Notice
contains a valid authorization to request the modification and is read
out and recorded at bid opening. Only envelopes that are opened, read
out, and recorded at bid opening shall be considered further.
27.5 All other envelopes shall be opened one at a time, and the following
read out and recorded: the name of the Bidder; the Bid Price(s) (per
lot/package if applicable), including any discounts and alternative bids
and indicating whether there is a modification;; the presence of a Bid
Security, and any other details as the Purchaser may consider
appropriate. Only discounts and alternative offers read out and
recorded at bid opening shall be considered for evaluation. No Bid
shall be rejected at bid opening except for late bids, in accordance
with ITB 25.1.
27.6 The opening committee shall prepare a record of the bid opening that
shall include, as a minimum: the name of the Bidder and whether
there is a withdrawal, or modification; the Bid Price, per lot if
applicable, any discounts and alternative offers if they were
permitted; and the presence or absence of a Bid Security. The
Bidders’ representatives who are present shall be requested to sign
the record. The omission of a Bidder’s signature on the record shall
not invalidate the contents and effect of the record. A copy of the
record shall be distributed to all Bidders who submitted bids in time,
and posted online when electronic bidding is permitted. The Bidders’
representatives who are present shall also be requested to sign an
attendance sheet.

E. Evaluation and Comparison of Bids

28.Confidentiality 28.1 Information relating to the examination, evaluation, comparison, and
recommendation of contract award, shall not be disclosed to Bidders
or any other persons not officially concerned with such process until
publication of the Contract award; thereafter, information will be
disclosed in accordance with ITB 41.1.
28.2 Any attempt by a Bidder to influence the Purchaser in the
examination, evaluation, and comparison of the Bids or Contract
award decisions may result in the rejection of its Bid.

27
 28.3 Notwithstanding ITB 28.2, from the time of bid opening to the time
of Contract award, if any Bidder wishes to contact the Purchaser on
any matter related to the bidding process, it should do so in writing.

29.Clarification of 29.1 To assist in the examination, evaluation, and comparison of the Bids,
Bids the Purchaser may, at its discretion, ask any Bidder for a
clarification of its Bid. Any clarification submitted by a Bidder with
regard to its Bid and that is not in response to a request by the
Purchaser shall not be considered. The Purchaser’s request for
clarification and the response shall be in writing. No change in the
prices or substance of the Bid shall be sought, offered, or permitted,
except to confirm the correction of arithmetic errors discovered by
the Purchaser in the evaluation of the Bids, in accordance with ITB
34. In case of e-submission of bid, upon notification from the purchaser,
the bidder shall also submit the original of documents comprising the
Bid as per ITB 12.2 and ITB 12.3 for verification of submitted
documents for acceptance of the e-submitted bid.
29.2 If a Bidder does not provide clarifications of its Bid by the date and
time set in the purchaser’s request for clarification, its Bid may be
rejected.

30.Deviations, 30.1 During the evaluation of bids, the following definitions apply:
Reservations, (a) “Deviation” is a departure from the requirements specified in the
and Omissions Bidding Document;

(b) “Reservation” is the setting of limiting conditions or withholding

from complete acceptance of the requirements specified in the
Bidding Document; and
(c) “Omission” is the failure to submit part or all of the information or
documentation required in the Bidding Document.

31. Examination 31.1 The purchaser shall examine the Bid to confirm that all documents and
of Bid technical information requested in ITB 12.1 have been submitted. If
any of these documents or information (except alternative Bid which
is optional) is missing, the bid shall be rejected.
31.2 In case of e-submission bids, the Employer shall confirm that all the
documents and information requested in ITB 23.1 have been
submitted. If any of these documents or information is missing, the
bid shall be rejected.

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32. Determination 32.1 The Purchaser’s determination of the responsiveness of a Bid is to be
of based on the contents of the Bid itself, as defined in ITB 12.1.
Responsiveness 32.2 A substantially responsive bid is one that meets the requirements of the
Bidding Document without material deviation, reservation, or
omission. A material deviation, reservation, or omission is one that,
(a) if accepted, would:
(i) affect in any substantial way the scope, quality, or
performance of the Goods and Related Services specified in
Section V, Schedule of Requirements; or
(ii) limits in any substantial way, inconsistent with the Bidding
Document, the Purchaser’s rights or the Bidder’s obligations
under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of other
Bidders presenting substantially responsive bids.
32.3 The Purchaser shall examine the technical aspects of the bid in
particular, to confirm that all requirements of Section V, Schedule of
Requirements have been met without any material deviation or
reservation.
32.4 If a bid is not substantially responsive to the requirements of the
Bidding Document, it shall be rejected by the Purchaser and may not
subsequently be made responsive by correction of the material
deviation, reservation, or omission.
32.5 In case of e-submission bids, the purchaser evaluates the bid on the
basis of the information in the electronically submitted bid files. If the
Bidder cannot substantiate or provide evidence to establish the
information provided in e-submitted bid through documents/
clarifications as per ITB Clause 29.1, the bid shall not be
considered for further evaluation.

32.6 In Case, a corruption case is being filed to Court against the Natural
Person or Board of Director of the firm/institution /company or any
partner of JV, such Natural Person or Board of Director of the
firm/institution /company or any partner of JV such bidder’s bid shall be
excluded from the evaluation, if public entity receives instruction from
Government of Nepal.

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33. Non-material 33.1 The Purchaser may regard a Bid as responsive even if it contains
Non-conformi- minor deviations that do not materially alter or depart from the
ties characteristics, terms, conditions and other requirement set forth in
the Bidding Document or if it contains errors or oversights that are
capable of being corrected without affecting the substance of the Bid.
33.2 Provided that a Bid is substantially responsive, the Purchaser may
request that the Bidder submit the necessary information or
documentation, within a reasonable period of time, to rectify non-
material non-conformities or omissions in the Bid related to
documentation requirements. Requesting information or
documentation on such non-conformities shall not be related to any
aspect of the price of the Bid. Failure of the Bidder to comply with
the request may result in the rejection of its Bid.
33.3 Provided that a Bid is substantially responsive, the Purchaser shall
rectify non-material non-conformities or omissions. To this effect,
the Bid Price shall be adjusted, for comparison purposes only, to
reflect the price of the missing or non-conforming item or
component. The adjustment shall be made using the method
indicated in Section III, Evaluation and Qualification Criteria.
33.4 If small differences are found such as in technical specification,
description, feature which does not make the bid to be rejected, then
the cost, which is calculated to the extent possible due to such
differences, shall be included while evaluating bid.
33.5 If the value is found fifteen percent more than the quoted amount of
the bidder on account of small differences pursuant to ITB 33.4, such
bid shall be considered irresponsive in substance and shall not be
considered for evaluation.

34.Correction of 34.1 Provided that the Bid is substantially responsive, the Purchaser shall
Arithmetical correct arithmetical errors on the following basis:
Errors
a) if there is a discrepancy between the unit price and the total price
that is obtained by multiplying the unit price and quantity, the unit
price shall prevail and the total price shall be corrected, unless in
the opinion of the Purchaser there is an obvious misplacement of
the decimal point in the unit price, in which case the total price as
quoted shall govern and the unit price shall be corrected;
b) if there is an error in a total corresponding to the addition or
subtraction of subtotals, the subtotals shall prevail and the total
shall be corrected;

30
 c) If there is a discrepancy between the bid price in the Summary of
price schedule and the bid amount in item (c) of the Letter of Bid,
the bid price in the Summary of price schedule will prevail and
the bid amount in item (c) of the Letter of Bid will be corrected;
and
d) if there is a discrepancy between words and figures, the amount in
words shall prevail, unless the amount expressed in words is
related to an arithmetic error, in which case the amount in figures
shall prevail subject to (a) and (b) above.
34.2 If the Bidder that submitted the lowest evaluated Bid does not accept
the correction of errors, its Bid shall be rejected and the bid security
shall be forfiteed.

35. Goods 35.1 If the price of goods manufactured in Nepal, are higher up to fifteen
manufactured percent than that of manufactured in foreign countries, the goods
in Nepal to be manufactured in Nepal shall be prefered in the evaluation of the Bids.
procured 35.2 For granting such preference pursuant to 35.1, the bidder must submit
the country of origin issued by competent authority stating that the
value added of the goods in Nepal is more that 30 percent.
35.3 In case of granting preference, responsive bids shall be classified in
one of the two groups; Group A (bids offering Goods manufactured
in Nepal) and Group B (bids offering Goods manufactured outside
Nepal). Lowest evaluated bids from each group shall be identified
and compared. If as a result of the comparison, the lowest evaluated
bid is a bid from group B, the lowest evaluated bid from group B
shall be compared with the lowest evaluated bid from group A after
adding to the evaluated price of goods offered in the bid from group
B, for the purpose of this comparison only, an amount equal to
fifteen (15%) percent of the bid price. The lowest evaluated bid
determined from this last comparison shall be selected.
35.4 In supply, delivery and installation contracts in which there are a
number of items of Goods and Related Services, preference margin
shall not be applied to the whole package but only to the eligible
domestically produced Goods within the package. In the comparison
of Bids, only the price in each Bid of the Goods offered from outside
Nepal shall be increased by fifteen (15%) percent.

36.Evaluation and 36.1 The Purchaser shall evaluate and compare all substantially responsive
Comparison of Bids to determine the lowest evaluated bid.
Bids

31
36.2 To evaluate a Bid, the Purchaser shall only use all the criteria and
methodologies defined in this Clause and in Section III, Evaluation
and Eligibility Criteria. No other criteria or methodology shall be
permitted.
36.3 To evaluate a Bid, the Purchaser shall consider the following:

(a) the bid price as quoted in accordance with ITB 15 as specified

in BDS;
(b) adjustment for correction of arithmetic errors in accordance
with ITB 34.1;
(c) adjustment due to discounts offered in accordance with ITB
15.7;
(d) adjustment for nonmaterial nonconformities in accordance with
ITB 33.3 ; and
(e) adjustment due to application of the evaluation criteria
specified in the BDS from amongst those set out in Section III
(Evaluation and Eligibility Criteria). These criteria may include
factors related to the characteristics, performance, and terms
and conditions of purchase of the Goods and Related Services
which shall be expressed to the extent practicable in monetary
terms to facilitate comparison of bids unless otherwise
specified in Section III.
(f) adjustment due to the application of a margin of preference in
accordance with ITB clause 35.

36.4 Any allowance for price adjustment during the period of performance
of the Contract, if provided in the Bid, shall not be taken into account in
bid evaluation.

36.5 If this Bidding Document allows Bidders to quote separate prices

for different lots/packages, and to award multiple Contracts to a single
Bidder, the methodology to determine the lowest evaluated price of
the Contract combinations, including any discounts offered in the
Letter of Bid, is specified in Section III (Evaluation and Eligibility
Criteria).

36.6 In Case, a corruption case is being filed to Court against the Natural
Person or Board of Director of the firm/institution /company or any
partner of JV, such Natural Person or Board of Director of the
firm/institution /company or any partner of JV such bidder’s bid shall be

32
 excluded from the evaluation, if public entity receives instruction from
Government of Nepal.

37.Post- 37.1 The Purchaser shall determine to its satisfaction whether the Bidder
qualification of that is selected as having submitted the lowest evaluated and
the Bidder substantially responsive Bid is qualified to perform the Contract
satisfactorily.
37.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s eligibility submitted by the
Bidder, pursuant to ITB 19.
37.3 An affirmative determination shall be a prerequisite for award of the
Contract to the Bidder. A negative determination shall result in
disqualification of the Bid, in which event the Purchaser shall
proceed to the next lowest evaluated bid to make a similar
determination.
38.Purchaser’s 38.1 The Purchaser reserves the right to accept or reject any Bid, and to
Right to Accept cancel the bidding process and reject all Bids at any time prior to
Any Bid, and to Contract award, without thereby incurring any liability to the
Reject Any or Bidders.
All Bids

F. Award of Contract
39.Award Criteria 39.1 The Purchaser shall select to award the Contract to the Bidder whose
offer has been determined to be the lowest evaluated Bid and is
substantially responsive to the Bidding Document, provided further
that the Bidder is determined to be qualified to perform the Contract
satisfactorily.

40.Purchaser’s 40.1 At the time the Contract is awarded, the Purchaser reserves the right to
Right to Vary increase or decrease the quantity of Goods and Related Services
Quantities at originally specified in Section V, Schedule of Requirements,
Time of Award provided this does not exceed the percentages indicated in the BDS,
and without any change in the unit prices or other terms and
conditions of the Bid and the Bidding Document.

41.Notification of 41.1 The Purchaser shall notify the concerned Bidder whose bid has been
Intention to selected in accordance with ITB 39.1 within seven days of the
Award selection of the bid, in writing that the Purchaser has intention to
accept his/her bid and shall Inform via the Letter of Intention
included in the Contract Forms and the information of name, address
and amount of selected bidder shall be given to all other bidders who
submitted the bid.

33
 41.2 If no bidder submits an application pursuant to ITB 44.1 within a period
of seven days of providing the notice under ITB 41.1 the Purchaser shall
accept the bid selected in accordance with ITB 39.1 prior to the expiry
of bid validity period, and notification of award shall be communicated
to the bidder to furnish the performance security and sign the contract
within fifteen days.
41.3 In Case, a corruption case is being filed to Court against the Natural
Person or Board of Director of the firm/institution /company or any
partner of JV, such Natural Person or Board of Director of the
firm/institution /company or any partner of JV such bidder’s bid shall
be excluded from the evaluation, if public entity receives instruction
from Government of Nepal.

42.Performance 42.1 Within fifteen (15) days of the receipt of notification of award from the
Security Purchaser, the successful Bidder shall furnish the Performance Security in
accordance with the GCC, as specified below from Commercial Bank
or Financial Institution eligible to issue Bank Guarantee as per prevailing
Law in Nepal using Sample Form for the Performance Security included
in Section VIII (Contract Forms) or another form acceptable to the
Purchaser.

i) If bid price of the bidder selected for acceptance is up to 15 (fifteen)

percent less than the approved cost estimate, the performance security
amount shall be 5 (five) percent of the bid price.
ii) For the bid price of the bidder selected for acceptance is more than 15
(fifteen) percent below of the cost estimate, the performance security
amount shall be determined as follows:
Performance Security Amount = [(0.85 x Cost Estimate –Bid Price) x
0.5] + 5% of Bid Price.
The Bid Price and Cost Estimate shall be exclusive of Value Added Tax.

42.2 Failure of the successful Bidder to submit the above-mentioned

Performance Security or sign the Contract Agreement shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the Bid Security and black listing. In that event the Purchaser shall
award the Contract to the next lowest evaluated Bidder whose offer
is substantially responsive and is determined by the Purchaser to be
qualified to perform the Contract satisfactorily.

34
43. Signing of 43.1 The successful Bidder shall sign the contract in the form included in
Contract section VIII after the submission of performance security in accordance
with ITB 42.

43.2 At the same time, the Employer shall affix a public notice on the result of
the award on its notice board and make arrangement for causing such
notice to be affixed on the notice board also of the District
Coordination Committee, District Administration Office, Provincial
Treasury and Controller Office and District Treasury and Controller
Office. The Employer may make arrangements to post the notice into
its website, if it has; and if it does not have, into the website of the Public
Procurement Monitoring Office, identifying the bid and lot/package
numbers and the following information: (i) the result of evaluation of
bid; (ii) date of publication of notice inviting bids; (iii) name of
newspaper; (iv) reference number of notice; (v) item of procurement;
(vi) name and address of bidder making contract and (viii) contract
Price.

43.3 The Purchaser shall promptly respond in writing to any unsuccessful

Bidder who, within thirty days from the date of issuance of notification
pursuant to ITB 41.1, requests in writing the grounds on which its bid
was not selected.

43.4 If the bidder whose bid has been accepted fails to sign the contract as
stated ITB 43.1, the Public Procurement Monitoring Office shall blacklist
the bidder on recommendation of the Public Entity.

44.Complaint and 44.1 If a Bidder dissatisfies with the Procurement proceedings or the
Review decision made by the Purchaser in the intention to award the
Contract, it may file an application to the Chief of the concerning
Public Entity of the Purchaser within seven (7) days of having,
receipt of such notice or decision making, for review of the
proceedings stating the factual and legal grounds.

44.2 An application filed after the deadline pursuant ITB 44.1 shall not be
processed.

44.3 The chief of Public Entity of the Purchaser shall, within five (5) days
after receiving the application, give its decision with reasons, in
writing pursuant to ITB 44.1:

35
 (a) whether to suspend the procurement proceeding and the
procedure for further proceedings to be adopted; or
(b) whether or not to reject a application.
No application can be submitted before the Review Committee for
review against the decision made by the chief of the Public Entity for
the Bid amount up to the value as stated in BDS.

44.4 If the Bidder is not satisfied with the decision of the Public Entity in
accordance with ITB 44.3, or the decision by the Public Entity is not
given within five (5) days of receipt of application pursuant to ITB
44.1, it can, within seven (7) days of receipt of such decision, file an
application to the Review Committee of the GoN, stating the reason
of its disagreement on the decision of the chief of Public Entity and
furnishing the relevant documents, provided that its Bid amount is
above the amount as stated in ITB 44.3. The application may be sent
by hand, or by post, or by courier, or by electronic media at the risk
of the Bidder itself.

44.5 Late application filed after the deadline pursuant to ITB 44.4 shall not
be processed.

44.6 Within three (3) days of the receipt of application from the Bidder,
pursuant to ITB 44.4, the Review Committee shall notify the
concerning Public Entity of the Purchaser to furnish its procurement
proceedings and comments on the issue, pursuant to ITB 44.3.

44.7 Within three (3) days of receipt of the notification pursuant to ITB
44.6, the Public Entity shall furnish the copy of the related documents
along with its comment or reaction of complaint to the Review
Committee.

44.8 The Review Committee, after inquiring from the Bidder and the
Public Entity, if needed, shall give its decision within one (1) month
after receiving the application filed by the Bidder, pursuant to ITB
44.4.

44.9 The Bidder, filing application pursuant to ITB 44.4, shall have to
furnish a cash amount or Bank guarantee from Commercial Bank or
Financial Institution eligible to issue Bank Guarantee as per
prevailing Law as stated in BDS with the validity period of at least
ninety (90) days from the date of the filing of application pursuant to
ITB 44.4. Application filed without furnishing the security deposit
shall not be processed.

36
44.10 If the claim made by the Bidder pursuant to ITB 44.4 is justified, the
Review Committee shall have to return the security deposit to the
applicant, pursuant to ITB 44.9, within seven (7) days of such
decision made.

44.11 If the claim made by the Bidder pursuant to ITB 44.4 is rejected by
the Review Committee, the security deposit submitted by the Bidder
pursuant to ITB 44.9 shall be forfeited.

37
 Section II. Bid Data Sheet
A. Introduction
ITB 1.1 The number of the Re-Invitation for Bids (IFB) is:
NCB/TUCDJMC/GOODS/2081/082-02
ITB 1.1 Name of the Purchaser: Tribhuvan University, Central Department of
Journalism and Mass Communication, Balkhu, Kathmandu.
ITB 1.1 Name and Identification number of the Contract/s (Packages/Lots): NA
ITB 2.1 Source of Fund: Internal
Name of contract/s: Supply, Delivery, Installation, Testing and
Commissioning of Passenger Lift
ITB 4.1 Bidders from the following countries are not eligible: NA

ITB 4.2 For GoN Funded:

Maximum number of partner in a joint venture shall be: 3 (three)
ITB 4.4 A list of debarred firms is available at http:\\www.ppmo.gov.np

ITB 4.9 The foreign Bidder at the time of bid submission: NA

ITB 5.1 Goods and related services to be supplied from following countries are not
eligible: NA
B. Bidding Document
ITB 8.1 For clarification purposes only, the Purchaser’s address is:
Attention: Head of Department.
Name of the Purchaser: Tribhuvan University, Central Department of
Journalism and Mass Communication.
City/Town: Balkhu
District: Kathmandu
Country: Nepal
Telephone: 01-5355212
Electronic Mail Address: [email protected],
[email protected]

38
ITB 8.1 The purchaser will respond in writing to any request for clarification
provided that such request is received no later than 10 days prior to the
deadline date for submission of bid.
ITB 8.2 Pre-Bid meeting shall not be organized.

C. Preparation of Bids
ITB 11.1 The language of the Bid is: Nepali or English
ITB 12.1 (h) The Bidder shall submit the following additional documents with its Bid:
i. Manufacturer's Authorization Letter
ii. The unit should be ISO 9001 AND 14001 certified, EN81
elevator standard code, Occupational Health and Safety
Certified management system, Energy saving – Grade A
certified product along with valid US FDA with valid
certificate.
iii. Provide major Spares parts Tentative price list for at least 5
years after warranty period
iv. Original brochure or e-copy.
v. Should have local authorized distributor for Nepal. Valid
Authorization letter should be attached for the same.
vi. The Bidder should atleast have installed more than 10 units
of proposed brand in Nepal in last 3 Years.
vii. The principal company should be responsible of fulfilling
warranty / guarantee, in case local authorized agent is not
able to achieve the same. The commitment letter of the same
should be attached.
viii. Design and layout of the lift
ix. Assurance of providing spares parts at least for 10 years
from mother company after handover date
x. Bidder shall visit to inspect site condition for shaft size for
their appropriate dimension of shaft and should submit
visiting proof from Purchaser.

ITB 14.1 Alternative Bids shall not be permitted

39
ITB 15.3 The prices quoted by the Bidder shall not be adjustable.
ITB 19.2 A Manufacturer’s Authorization letter is only required for the following
items:
(i) Passenger Lift
ITB 19.3 The Bidder is required to include with its bid, evidence that it will be
represented by an Agent in Nepal.
ITB 20.1 The bid validity period shall be 90 days.
ITB 21.1 The bid must be accompanied by bid security, amounting to a minimum
of NRs 83,000.00 which shall be valid for minimum 30 days beyond the
bid validity period.
ITB 21.2 If the Bidder wishes to submit the Bid Security in the form of cash, the cash
should be deposited in Deposit Account No.: 21700100193616000001 at
Nepal Bank Ltd., Katipath and submit the receipt of the deposited amount of
cash along with the bid.
ITB 22.2 The written confirmation of Authorization to sign on behalf of the Bidder
shall consist of: Power of Attorney to sign the bid

D. Submission and Opening of Bids

ITB 23.1 Bidders shall have the option of submitting their bids: by electronic only.
ITB 24.1 For bid submission purposes only, the Purchaser’s address is: Tribhuvan
University, Central Department of Journalism and Mass Communication,
Balkhu, Kathmandu
ITB 24.1 The deadline for bid submission is:
Date: 2081-10-30
Time: 12:00 PM
ITB 24.1 If the last date of purchasing, submission and opening of Bid falls on a
government holiday then the next working day shall be considered as the
last day without any change in the time and place as fixed.
ITB 27.1 The bid opening shall take place at:
Date: 2081-10-30
Time: 2:00 PM
Place: Tribhuvan University, Central Department of Journalism and Mass
Communication, Balkhu, Kathmandu

40
 E. Evaluation and Comparison of Bids
ITB 36.3 (a) Bids will be evaluated lot by lot/package (may be multiple or single). If a
Price Schedule shows items listed but not priced, their prices shall be
assumed to be included in the prices of other items. An item not listed in
the Price Schedule shall be assumed to be not included in the bid, and
provided that the bid is substantially responsive, the average price of the
item quoted by substantially responsive bidders will be added to the bid
price and the equivalent total cost of the bid so determined will be used for
price comparison.
ITB 36.3 (e) The adjustments shall be determined using the following criteria, from
amongst those set out in Section III, Evaluation and Qualification Criteria:
[refer to Schedule III, Evaluation and Qualification Criteria; insert
complementary details if necessary]
(a) Deviation in Delivery schedule: No
(b) Deviation in payment schedule: No
(c) the cost of major replacement components, mandatory spare parts,
and service: No
(d) the availability of spare parts in Nepal and after-sales services for the
equipment offered in the bid: No
(e) the projected operating and maintenance costs during the life of the
equipment: No
(f) the performance and productivity of the equipment offered: No
F. Award of Contract
ITB 40.1 The maximum percentage by which quantities may be increased is: 15%
The maximum percentage by which quantities may be decreased is: 15%
ITB 44.3 No application can be submitted before the Review Committee for review
against the decision made by the chief of the Public Entity for the bid
amount less than the value of Twenty Million (NRs. 20,000,000)
ITB 44.9 The bidder, filling application pursuant to ITB 44.4, shall have to furnih a
cash amount ot Bank guarantee equal to 1 % of its bid price

41
 Section III. Evaluation and Eligibility Criteria
The purpose of the Evaluation and Eligibility Criteria (EEC) is to specify the criteria that the
Purchaser will use to evaluate the Bids to determine the lowest evaluated substantially
responsive bid and the eligibility of the Bidder to perform the contract. The Purchaser must
prepare the EEC and include it as a part of the Bidding Document. The EEC is not a Contract
document and, therefore, it is not a part of the Contract.

Table of Criteria
1. Evaluation Criteria

1.1 Technical Criteria

1.2 Economic Criteria

1.3 Multiple Contracts

2. Eligibility Criteria

42
 1. Evaluation Criteria
Criteria for Bid evaluation are to be determined case by case basis. Select from following the
appropriate criteria according to the provisions specified in ITB 36. Retain only the relevant
parameters and evaluation methods to apply corresponding to the retained criteria.

1.1 Technical Criteria

These criteria should specify the minimum technical level that the Goods and Related Services
shall have in order to comply with the Section V. Schedule of Requirements. Whenever possible,
these criteria should be evaluated on a pass–fail system, with a minimum acceptable level for
each criteria enumerated.

However, a minor deficiency in technical compliance may not be cause for rejection of the Bid.
The cost of making good any deficiency should likewise be added to the Bid Price concerned.
The most frequently used methods assign to the non-conforming items or components, prices
based on similar methods described above under Scope, with the price of the nonconforming
items or components deducted.

1.2 Economic Criteria

The economic criteria are most important when evaluating a Bid. In most cases, they are the only
criteria for evaluating Bids that have passed the technical evaluation. Price, however, may not be
the only criterion, as there could be other criteria that may be expressed in monetary terms. For
energy consuming equipment and facilities, adjustment for efficiency over and above the
minimum functional guarantees specified in the specifications (e.g. generators, pumps), losses
(e.g. transformers), and future operating costs of the equipment may be taken into account in the
determination of the evaluated Bid Price. The financial cost for these adjustments (added to or
deducted from the Bid Price as the case may be) shall be made only when it is specified in the
Bidding Document that these functional guarantees and projected operating costs are factors in
bid evaluation. The methods of calculation for these evaluation factors shall be clearly specified
in the Bidding Document. Deviations from the specified manner of cost calculation shall not be
introduced.

Examples of such criteria appear below:

1.2.1 Adjustment for Scope

43
1.2.1.1 Local Handling and Inland Transportation
If the Procuring Entity wishes to consider during bid evaluation the costs for inland
transportation, insurance, and other services within Nepal incidental to delivery of the goods to
their final destination, then the Procuring Entity must define these service items in Section V.
Schedule of Requirements, List of Goods and Related Services; and
Bidders must be required to quote for these service items as part of their bid price in the PRICE
SCHEDULE FOR RELATED SERVICES TO BE OFFERED FROM OUTSIDE AND WITHIN
NEPAL provided in Section IV, Bidding Forms.
In such case, the following provision should be used:
1.2.1.2 .Minor Omissions or Missing Items
The cost of minor omissions or missing items in the scope of supply, services, etc. should be
added to the Bid Price to allow for Bid comparison on an equal basis. The price adjustment
should be based on a reasonable estimate of the cost by the executing agency, engineer,
consultant or bid evaluation committee, taking into consideration the corresponding quoted
prices from other conforming Bids. The price adjustment should be based on the fair price of the
omitted item. The most frequently used methods assign to the missing item a price:
(ii) equal to the highest price quoted for the same item by the other Bidders; or
(iii) equal to the average price quoted for the same item by the other Bidders; or
(iv) estimated by the Procuring Entity.
Of these three methods the Procuring Entity should preferably use (i) or (ii), as Bidders
frequently challenge (iii) because of its lack of transparency.
1.2.2 Adjustment for Deviations from the Terms of Payment

The Procuring Entity must state here whether deviations from the terms of payment as specified
in Special Conditions of Contract, Sub-Clause 15.1, are permitted or not. If permitted, the
Procuring Entity shall evaluate deviations from the terms of payment in the following manner.
The Procuring Entity shall first evaluate the Bids based on the terms of payment specified in the
Special Conditions of Contract, Clause 15.1. The Procuring Entity shall then add an adjustment
to the Bid Price to take into account the differences in cash flows. The adjustment shall be
calculated as the discounted cash flow of the incremental payments of the alternative compared
with those of the terms of payment specified by the Procuring Entity.

44
1.2.3 Adjustment for Deviations in the Delivery and Completion Schedule

Bidders are required to base their prices on the Delivery and Completion Schedule specified in
Section V. Schedule of Requirements. The Procuring Entity must state here whether deviations
from the specified Delivery and Completion Schedule are permitted or not. If permitted, the
Procuring Entity shall evaluate deliveries by adding the corresponding price adjustment in
accordance with the procedure outlined below.

1.2.4 Operating and Maintenance Costs

The Operating and Maintenance costs (O&M) need to be taken into account for bid evaluation
purposes when such costs over the life cycle of the Goods represent an important cost in relation
to the capital or investment cost of the Goods. Different technologies may involve large
variations in the capital costs of the Goods and the costs associated with their O&M. Normally,
more elaborate technologies and materials used in the manufacturing of the Goods involve
higher investment costs and lower O&M costs. O&M costs are evaluated at their present value
over the life cycle of the Goods and then added to the price of the Goods.

Typical O&M cost factors for calculation are:

(a) Number of years for initial period of operation. It is recommended that the initial
period of operation does not exceed the usual period before a major overhaul of
the Goods is required, usually between five and ten years. The load or working
cycle (hourly, daily, monthly, seasonal) of the Goods shall be as specified by the
Procuring Entity).

(b) Operating costs such as fuel, electricity, spare parts, labour and/or other inputs
required for the operation of the Goods.

(c) Rate (normally prevailing commercial interest rate), in percent, to be used to

discount to present value, all of the annual future costs calculated under (b) above
for the period specified in (a).

1.2.5 Spare Parts and after Sales Service Facilities

Only those spare parts and tools which are specified on an item-wise basis in the List of Goods
and Related Services in Section V. Schedule of Requirements, shall be taken into account in the
bid evaluation. Supplier-recommended spare parts for a specified operating requirement shall not
be considered in bid evaluation.

45
1.2.6 Performance and Productivity of the Goods

The adjustment factor for the performance or productivity of the Goods shall be calculated based
on the difference between the reference value or norm (i.e. the efficiency) as specified in Section
V. Schedule of Requirements, and the corresponding value guaranteed by the Bidder in its Bid.
Choose and insert one of the following:

(i) Performance and productivity of the equipment. An adjustment representing the

capitalized cost of additional operating costs over the life of the plant will be added to the
bid price, for evaluation purposes if specified in the BDS Sub-Clause 36.3 (e). The
adjustment will be evaluated based on the drop in the guaranteed performance or
efficiency offered in the bid below the norm of 100, using the methodology specified in
BDS Sub-Clause 36.3(e).

or

(ii) An adjustment to take into account the productivity of the goods offered in the bid
will be added to the bid price, for evaluation purposes only, if specified in BDS Sub-
Clause 36.3 (e). The adjustment will be evaluated based on the cost per unit of the actual
productivity of goods offered in the bid with respect to minimum required values, using
the methodology specified in BDS Sub-Clause 36.3 (e).

1.2.7 Specific additional Criteria

Other specific additional criteria to be considered in the evaluation, and the evaluation method
shall be detailed in BDS sub douse 36.3(e)

1.3 Multiple Contracts

If Goods and Related Services are grouped in multiple lots/packages, the following provision
must be used:

[Insert: “Goods are grouped in lots/packages. The Purchaser will evaluate and compare Bids on
the basis of a lot/package, or a combination of lots/packages, or as a total of lots/packages to
arrive at the least cost combination for the Purchaser by taking into account discounts offered by
Bidders in case of award of multiple contracts.”]

If a Bidder submits successful Bids for multiple lots/packages (lowest evaluated substantially
responsive Bids), the evaluation will also include an assessment of the Bidder’s capacity to meet
the aggregated qualifying requirements relating to [Purchaser to list here the qualifying
requirements set for individual contracts/lots/packages, i.e., production capacity, size of
operation].

46
 2. Eligibility
Except Qualification Requirements mentioned as optional, which may be specified as per
requirements, the Procuring Entity shall specify the following Qualification Requirements
without any substantial deviation.

2.1 Eligibility

Criteria Compliance Requirements Documents

Joint Venture
Single Submission
Requirement All Partners Each One
Entity Requirements
Combined Partner Partner

2.1.1 Conflict of Interest

No conflicts of interest in Must meet Must meet Must meet Not Letter of
accordance with ITB 4.3. requirement requirement requirement applicable Technical Bid

2.1.2 Government/DP Eligibility

Not having been declared Must meet Must meet Must meet Not Letter of
ineligible by government /DP, as requirement requirement requirement applicable Technical Bid
described in ITB Sub-Clause 4.4.

2.1.3 Government-Owned Entity

Bidder required to meet conditions Must meet Must meet Must meet Not Letter of
of ITB 4.5. requirement requirement requirement applicable Technical Bid;
Forms ELI – 1
and ELI - 2

2.1.4 UN Eligibility

Not having been excluded by an Must meet Must meet Must meet Not Technical Bid
act of compliance with a United requirement requirement requirement applicable Submission Sheet
Nations Security Council
resolution in accordance with ITB
4.7.

47
2.1.5 Nationality

Nationality in accordance with Must meet Must meet Must meet Not Letter of
ITB 4.8. requirement requirement requirement applicable Technical Bid;
Forms ELI – 1
and ELI – 2 with
attachments

2.1.6 Other Eligibility

Firm Registration Certificate must meet not must meet not Document
requirement applicable requirement applicable attachment

Business Registration Certificate must meet not must meet not Document
requirement applicable requirement applicable attachment

VAT and PAN Registration must meet not must meet not Document
certificate (only for domestic requirement applicable requirement applicable attachment
bidders)

Tax Clearance Certificate for the must meet not must meet not Document
F/Y 2080/081 (Only for domestic requirement applicable requirement applicable attachment
bidders)

48
 Section IV. Bidding Forms

Notes on Bidding Forms

The Purchaser shall include in the Bidding Documents all Bidding Forms that the Bidder shall
fill out and include in its Bid. The forms contained in this section are to be completed by the
Bidder and submitted as part of its Bid. As specified in this Section, these forms are the Letter of
Technical Bid, Letter of Price Bid, the Bid Security, Price Schedules and the Bidder’s
Qualification Information Forms.

Table of Forms

Letter of Bid....................................................................................................................... 48

Bidder's Information Form………………………………………………………………51

Joint Venture Information Form ................................................................................... 52

Bidder's proposed Specification Form ........................................................................... 53

Bidder's proposed Delivery Date .................................................................................... 54

Price Schedule For Goods ................................................................................................ 55

Bid Security ........................................................................................................................ 56

Manufacturer’s Authorization Letter .............................................................................. 58

49
 Letter of Bid

(The Bidder shall accomplish the Letter of Bid in its Letter Head Clearly showing the Bidders
Complete name and address)

Date:
Contract No.:
Invitation for Bid No.:
To: _______________________________________________________________________

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Document, including Addenda
issued in accordance with Instructions to Bidders (ITB) Clause 9;

(b) We offer to supply in conformity with the Bidding Document and in accordance with the
delivery schedule specified in the Section V (Schedule of Requirements), the following
Goods and Related Services: [insert a brief description of the goods and related services];

(c) The total price of our Bid, excluding any discounts offered in item (d) below is:
[Incase of only one lot/package, insert the total Bid Price in words and figures];

[Incase of multiple lots/packages, insert the total price of each lot/package];

(d) The discounts offered and the methodology for their application are:
The discounts offered are: [specify in detail each discount offered;

The exact method of calculations to determine the net price after application of discounts is
shown below: [specify in detail the method that shall be used to apply the discounts];

(e) Our Bid shall be valid for a period of ….. [insert validity period as specified in ITB 20.1 of
the BDS] days from the date fixed for the bid submission deadline in accordance with the
Bidding Document, and it shall remain binding upon us and may be accepted at any time
before the expiration of that period;

(f) If our Bid is accepted, we commit to obtain a Performance Security in accordance with the
Bidding Document;

(g) Our firm, including any subcontractors or suppliers for any part of the Contract, have nationalities
from eligible countries in accordance with ITB 4.8 and meet the requirements of ITB 3.4 & 3.5;

50
(h) We are not participating, as a Bidder or as a subcontractor/supplier, in more than one Bid in
this bidding process in accordance with ITB 4.3(e), other than alternative Bids in accordance
with ITB 14;

(i) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any part
of the contract, has not been declared ineligible by DP, under the Purchaser’s country laws or
official regulations or by an act of compliance with a decision of the United Nations Security
Council;

(j) We are not a government owned entity/We are a government owned entity but meet the
requirements of ITB 4.5;2

(k) We declare that, we including any subcontractors or suppliers for any part of the contract do
not have any conflict of interest in accordance with ITB 4.3 and we have not been punished for
an offense relating to the concerned profession or business.

(l) The following commissions, gratuities, or fees, if any, have been paid or are to be paid with
respect to the bidding process or execution of the Contract:

Name of Recipient Address Reason Amount

(If none has been paid or is to be paid, indicate “none.”)

(m) We declare that we are solely responsible for the authenticity of the documents submitted by
us. The document and information submitted by us are true and correct. If any
document/information given is found to be concealed at a later date, we shall accept any legal
actions by the purchaser.

(n) We understand that this Bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal Contract
is prepared and executed.

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bid that
you may receive.

2
Slect one of the options
51
(p) We agree to permit GoN/DP or its representative to inspect our accounts and records and
other documents relating to the bid submission and to have them audited by auditors
appointed by the GoN/DP.

Name

In the capacity of

Signed

Duly authorized to sign the Bid for and on behalf of

Date

52
 ELI-1: Bidder's Information Form

[The Bidder shall fill in this Form. No alterations to its format shall be permitted and no substitutions
shall be accepted.]

1. Bidder’s Legal Name: [insert full name]

2. In case of JV, legal name of the representative [insert full name of each member in the JV and
member and of each member: specify the representative member]

3 Bidder’s Country of Registration: [insert country of registration]

4. Bidder’s Year of Registration: [insert year of incorporation]

5. Bidder’s Legal Address in Country of [insert street/number/town or city/country]

Registration

6. Bidder’s trading address: [insert street/number/town or city/country]

7. Bidder’s Telephone/Fax numbers: [insert telephone/fax numbers, including country

and city codes]

8. Bidder’s Email Address: [insert email address]

9. Bidder’s Authorized Representative Information:

Name: [insert full name]

Address: [insert street/number/town or city/country]

Telephone/Fax numbers: [insert telephone/fax numbers, including country

and city codes]

Email Address: [insert email address]

Attached are copies of the following documents:

1. In case of a single entity, articles of incorporation or constitution and company incorporation/registration of the legal entity
named above, in accordance with ITB 4.2 and ITB 4.8
2. Authorization to represent the firm or Joint Venture named above, in accordance with ITB 22.2
3. In case of a Joint Venture, a letter of intent to form a Joint Venture or Joint Venture agreement, in accordance with ITB 4.2
4.In case of a government-owned enterprise, any additional documents not covered under 1 above required to comply with ITB
4.5

53
 ELI-2: Joint Venture Information Form

Each member of the Joint Venture must fill out this form separately to provide information
relating to each JV member.

1. Bidderʼs legal name: [insert full name]

2. Joint Venture Partner's legal name: [insert full name of Joint Venture
Partner]
3. Joint Venture Partner's Country of [insert country of registration]
Registration:
4. Joint Venture Partner's Legal Address in [insert street/number/town or city/country]
Country of Registration:
5. Joint Venture Partner's Trading address [insert street/number/town or city/country]
6. Joint Venture Partner's Year of [insert year of registration]
Registration:
7. Joint Venture Partner's Telephone/Fax [insert telephone/fax numbers,
numbers: including country and city codes]
8. Joint Venture Partner's Email Address: [insert email address]
9. Joint Venture Partner's Authorized Representative Information:
Name: [insert full name]

Address: [insert street/number/town or city/country]

Telephone/Fax numbers: [insert telephone/fax numbers, including

country and city codes]

Email Address: [insert email address]

1. Articles of incorporation or constitution and company incorporation/registration of the legal entity named above, in
accordance with ITB 4.2 and ITB 4.8
2. Authorization to represent the firm named above, in accordance with ITB 22.2
3. In the case of a government-owned enterprise, documents establishing legal and financial autonomy and compliance with
commercial law, in accordance with ITB 4.5

54
 Form Spec-1: Bidder's proposed Specification Form
The bidder shall fill this form to provide the information on technical specifications and
standards of offered goods. Bidder's Proposed Technical Specifications and Standards in
column 4 shall comply with the Purchaser Requirement (Specifications and standards)
specified by the Purchaser in the Schedule of Requirements.

Item Name of Country of Bidder's Reference

No. Goods or Origin and Proposed TS page ̸ no. ̸ Status of
Related Brand and Catalogue compliance3
Service Standards page ̸ no.

1 2 3 4 5 6

[insert [insert [insert [insert TS and [insert reference [insert status]

item name] country of Standards] page or no. /
No.] Origin and catalogue page
Brand name] or no. if any]]

3
The bidder shall state as Fully compliance or Partially compliance or Compliance
55
 Form Del-1: Bidder's proposed Delivery Date
The bidder shall fill this form to provide the information on delivery date of offered goods.
Bidder's offered delivery date in column 4 shall comply with the Purchaser Requirement
(Delivery and Completion Schedule) specified by the Purchaser in the Schedule of
Requirements.

Final Bidder’s offered

Line Item Description of Physical Delivery date [to be
Quantity Destination as
No Goods unit provided by the bidder]
specified in BDS
1 2 3 4 5 6
[insert [insert description [insert [insert [insert place of [insert the number of
item No] of Goods] quantity of physical delivery] days following the date of
item to be unit for effectiveness the
supplied] the Contract]
quantity]

Note: The date of effectiveness of contract shall be as of signing the contract

56
 Price Schedule for Goods
The Bidder shall fill in these Price Schedule Forms in accordance with the instructions
indicated. The list of line items in column 1 of the Price Schedules shall coincide with the List of
Goods and Related Services specified by the Purchaser in the Schedule of Requirements.

Name of Bidder _____________________ Invitation for Bid No.:___________

Country Unit price Total price

Item Description of Quantity (in NRs) (in NRs)
Origin In Figure In Words (cols. 4x5)
1 2 3 4 5 4x5=6
1 Supply, Delivery, Installation, Testing and 1 SET
Commissioning of Passenger Lift
Machine: Machine room less, Gear less with
permanent magnet motor
Capacity: min. 544 kg (8 Persons)
Speed : 1 m/s
Approximate total height lift height building
(Basement floor to sixth floor ceiling) : 23.3 m
Stops: 6 stop opening same side
Drive: Regenerative
Power supply: 380 /415 Volts, 3 Phase
Power Fluctuation : + / - 2%
Controller: Microprocessor based modular
Machine : Gearless
Traction: Flat belt/grooved belt
Belt Inspection Device
Internal FinishAll inside Panels: Stainless Steel
Matt finish
Ceiling: Mirror
Hand rails: Stainless Steel Mirror Finish
Handrails
Floor: Vinyl Tiles Steel Grey
Door and landing door finish: Stainless Steel
Door operator: DC power operated automatic
sliding
Position Indicator: LED Scrolling Display
Face Plate: Stainless Steel
Ventilation Fan : Cross flow fan
Door: Fire rating– 1 hour
Car & Hoist way Door type: Centre opening
Door opening: W x H - mm : As per site
Hoist way size W x D in mm:1800 W x 1800 D
Features Mandatory: Overload Device,
Emergency Car Light Unit, Infrared Curtain
Door Protection, Door Time Protection, Battery
operated Emergency Alarm Button, Extra Door
Time of Lobby , Door Open/Close Button,
Manual Rescue System , Auto Fan Cut Off,
Earthquake sensors, Automatic Rescue

57
 operation, Voice Synthesizer, Two-way
Intercom, Emergency Firemen’s Service, Micro
stroke push button
Essintial Certificate Required Mandotary:
i, ISO 9001 or with certificate no, Issue date
and expiry date ( Selected only within Issue
date and expiry date)
ii, ISO 14001 with certificate no, Issue date and
expiry date ( Selected only within Issue date
and expiry date)
iii, EN 81
iv, Occupational Health and Safety Certified
management system or ISO 45001 ( Selected
only within Issue date and expiry date)
v, Energy saving – Grade A certified product
along with valid US FDA.
2 Granite Laying Works 71.46
Providing and laying 16 mm thick granite SQM
laying in (1:4) cement mortar on Wall, Jamb,
soffit etc in perfect line and level including
moulding, grinding, polishing and finishing as
per drawing specification and instruction of the
Consultant/Engineer, all complete.
3 Electrical work: Power supply from main DB to 1 LOT
Elevator including all necessary work to
function of elevator.

Total

VAT

Grand Total

Name:

In the capacity of:

Signed:

Duly authorized to sign the Bid for and on behalf of:

Date:

58
 Bid Security
Bank Guarantee
Bank’s Name, and Address of Issuing Branch or Office
(On Letter head of the Bank)

[This is the format for the Bid Security to be issued on the letterhead by a Commercial Bank or
Financial Institution eligible to issue Bank Guarantee as per prevailing Law of Nepal]

insert Bank’s Name, and Address of Issuing Branch or Office]

Date: [insert date]

Beneficiary: [insert Name and Address of Purchaser]
BID GUARANTEE No.: [insert number]
We have been informed that [insert name of the Bidder] (hereinafter called "the Bidder") intends to
submit its bid to you (hereinafter called "the Bid") for the execution of [insert name of contract]
under Invitation for Bids No. [insert IFB number] (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid
guarantee.
At the request of the Bidder, we [insert name of Bank] hereby irrevocably undertake to pay you
any sum or sums not exceeding in total an amount of [insert amount in figures, (insert amount in
words)] upon receipt by us of your first demand in writing accompanied by a written statement
stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the Bidder:

(a) has withdrawn or modifies its Bid:

i) during the period of bid validity specified by the Bidder on the Letter of Bid, in case of
electronic submission
(ii) from the period twenty-four hours prior to bid submission deadline up to the period of bid
validity specified by the Bidder on the Letter of Bid, in case of hard copy submission; or

(b) does not accept the correction of errors in accordance with the Instructions to Bidders
(hereinafter “the ITB”); or
(c) changes the prices or substance of the bid while providing information pursuant to clause 29.1
of ITB; or
(d) having been notified of the acceptance of its Bid by the Purchaser during the period of bid
validity, (i) fails or refuses to execute the Contract Agreement, or (ii) fails or refuses to furnish
the performance security, in accordance with the ITB.
(e) is involved in fraud and corruption in accordance with the ITB.
59
This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of copies of
the contract signed by the Bidder and the performance security issued to you upon the instruction of
the Bidder; and (b) if the Bidder is not the successful Bidder, upon the earlier of (i) our receipt of a
copy of your notification to the Bidder of the name of the successful Bidder; or (ii) thirty (30) days
after the expiration of the Bidder’s bid which comes to be [insert the date].
Consequently, any demand for payment under this guarantee must be received by us at the office on
or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 7584.

. . .Bank’s seal and authorized signature(s) . . .

[Note: All italicized text is for use in preparing this form and shall be deleted from the final
product.]

4
As the case may be, ICC Publication No. 758 (or subsequent ICC Publications) may be used. In such cases, modify
the Publication number.
60
 Manufacturer’s Authorization Letter
[This letter of authorisation should be on the letterhead of the manufacturer and should be signed
by the person with the proper authority to sign documents that are binding on the manufacturer]

Date: [insert date of Bid Submission]

IFB No.: [insert number]

To: [insert complete name and address of Purchaser]

WHEREAS [insert complete name of Manufacturer or Manufacturer’s authorized agent] who are
official manufacturers of [insert type of goods manufactured] having factories at [insert full
address of Manufacturer’s factories], do hereby authorize [insert complete name of Bidder]
exclusively to submit a Bid in relation to the Invitation for Bids indicated above, the purpose of
which is to provide the following Goods, manufactured by us [insert name and/or brief description
of the goods] and to subsequently sign the Contract.

We hereby extend our full guarantee and warranty in accordance with Clause 27 of the General
Conditions of Contract, with respect to the Goods offered by the above firm.

Name: [insert complete name of person signing the Authorization]

In the capacity of: [insert legal capacity of person signing the Authorization]

Signed: [insert signature of person whose name and capacity are shown above]

Duly authorized to sign the Authorization for and on behalf of: [insert complete name of
Manufacture]

Date: [insert date of signing]

61
 Section V. Schedule of Requirements

The Schedule of Requirements shall be included in the Bidding Documents by the Purchaser, and
shall cover, at a minimum, a description of the Goods and Related Services to be supplied and the
Delivery Schedules.

The objective of the Schedule of Requirements is to provide sufficient information to enable

Bidders to prepare their Bids efficiently and accurately, in particular, the Price Schedule, for which
a form is provided in Section IV.

Contents

1. List of Goods and Related Services ............................................................................... 60

2. Delivery and Completion Schedule ............................................................................... 61

3. Technical Specifications ................................................................................................. 62

4. Purchaser Requirement.................................................................................................. 64

5. Drawings .......................................................................................................................... 65

62
 List of Goods and Related Services
The purpose of the List of Goods and Related Services (LGRS) is to briefly describe and
specify the quantities of each of the Goods and Related Services that the Purchaser requires
the Bidder to include in its Bid. As a part of the SR, the LGRS constitutes a Contract
document and, therefore, it is a part of the Contract. The Purchaser must prepare the LGRS
and include it as a part of the SR.

If the Goods and Related Services are grouped in lots/packages, the Purchaser must state
here whether Bidders are permitted to submit Bids for individual lots/packages or not. For
example:

63
Lot/ Package No. : Single Lot
Lot/ Package Name :
Item Name of Goods Description Unit of Quantity
No. or Related Measurement
Services
1 Supply, Delivery, Supply, Delivery, Installation, Testing and SET 1
Installation, Commissioning of Passenger Lift
Testing and Machine: Machine room less, Gear less with
Commissioning of permanent magnet motor
Passenger Lift Capacity: min. 544 kg (8 Persons)
Speed : 1 m/s, Approximate total height lift height
building (Basement floor to sixth floor ceiling) : 23.3
m, Stops: 6 stop opening same side
Drive: Regenerative.
Power supply: 380 /415 Volts, 3 Phase, Power
Fluctuation : + / - 2%
Controller: Microprocessor based modular
Machine : Gearless, Traction: Flat belt/grooved belt,
Belt Inspection Device
Internal FinishAll inside Panels: Stainless Steel Matt
finish, Ceiling: Mirror
Hand rails: Stainless Steel Mirror Finish Handrails,
Floor: Vinyl Tiles Steel Grey
Door and landing door finish: Stainless Steel
Door operator: DC power operated automatic sliding,
Position Indicator: LED Scrolling Display
Face Plate: Stainless Steel, Ventilation Fan : Cross
flow fan, Door: Fire rating– 1 hour, Car & Hoist way
Door type: Centre opening, Door opening: W x H -
mm : As per site, Hoist way size W x D in mm:1800
W x 1800 D, Features Mandatory: Overload Device,
Emergency Car Light Unit, Infrared Curtain Door
Protection, Door Time Protection, Battery operated
Emergency Alarm Button, Extra Door Time of Lobby
, Door Open/Close Button, Manual Rescue System ,
Auto Fan Cut Off, Earthquake sensors, Automatic
Rescue operation, Voice Synthesizer, Two-way
Intercom, Emergency Firemen’s Service, Micro
stroke push button
Essintial Certificate Required Mandotary:
i, ISO 9001 or with certificate no, Issue date and
expiry date ( Selected only within Issue date and
expiry date)
ii, ISO 14001 with certificate no, Issue date and
expiry date ( Selected only within Issue date and
expiry date)
iii, EN 81
iv, Occupational Health and Safety Certified
management system or ISO 45001 ( Selected only
within Issue date and expiry date)
v, Energy saving – Grade A certified product along
with valid US FDA.

64
2 Granite Laying Granite Laying Works SQM 71.46
Works Providing and laying 16 mm thick granite laying in
(1:4) cement mortar on Wall, Jamb, soffit etc in
perfect line and level including moulding, grinding,
polishing and finishing as per drawing specification
and instruction of the Consultant/Engineer, all
complete.
3 Electrical work Electrical work: Power supply from main DB to LOT 1
Elevator including all necessary work to function of
elevator.

65
 Delivery and Completion Schedule
Delivery shall take place in compliance with the dates, duration, and locations indicated below:

(I) in case of Delivery schedule is not determined as evaluation criteria

[The Purchaser shall fill in this table from column 1 to 6]

Line
Physical Final Delivery
Item Description of Goods Quantity
unit Destination Date
No
1. 2 3 4 5 6
1. Supply, Delivery, Installation, Testing and Commissioning of Passenger Lift 1 SET T.U., CDJMC, Within 90
Machine: Machine room less, Gear less with permanent magnet motor Balkhu, Kathmandu. Days
Capacity: min. 544 kg (8 Persons)
Speed : 1 m/s, Approximate total height lift height building (Basement floor to
sixth floor ceiling) : 23.3 m
Stops: 6 stop opening same side, Drive: Regenerative.
Power supply: 380 /415 Volts, 3 Phase
Power Fluctuation : + / - 2%, Controller: Microprocessor based modular
Machine : Gearless, Traction: Flat belt/grooved belt, Belt Inspection Device,
Internal FinishAll inside Panels: Stainless Steel Matt finish
Ceiling: Mirror, Hand rails: Stainless Steel Mirror Finish Handrails
Floor: Vinyl Tiles Steel Grey, Door and landing door finish: Stainless Steel
Door operator: DC power operated automatic sliding
Position Indicator: LED Scrolling Display, Face Plate: Stainless Steel
Ventilation Fan : Cross flow fan, Door: Fire rating– 1 hour
Car & Hoist way Door type: Centre opening, Door opening: W x H - mm : As per
site, Hoist way size W x D in mm:1800 W x 1800 D
Features Mandatory: Overload Device, Emergency Car Light Unit, Infrared
Curtain Door Protection, Door Time Protection, Battery operated Emergency
Alarm Button, Extra Door Time of Lobby , Door Open/Close Button, Manual
Rescue System , Auto Fan Cut Off, Earthquake sensors, Automatic Rescue
operation, Voice Synthesizer, Two-way Intercom, Emergency Firemen’s Service,
Micro stroke push button
Essintial Certificate Required Mandotary:
i, ISO 9001 or with certificate no, Issue date and expiry date ( Selected only
within Issue date and expiry date)
ii, ISO 14001 with certificate no, Issue date and expiry date ( Selected only within
Issue date and expiry date)
iii, EN 81
iv, Occupational Health and Safety Certified management system or ISO 45001 (
Selected only within Issue date and expiry date)
v, Energy saving – Grade A certified product along with valid US FDA.
Granite Laying Works 71.46 SQM T.U., CDJMC, Within 90
2.
Providing and laying 16 mm thick granite laying in (1:4) cement mortar on Wall, Balkhu, Kathmandu. Days
Jamb, soffit etc in perfect line and level including moulding, grinding, polishing
and finishing as per drawing specification and instruction of the
Consultant/Engineer, all complete.

3. Electrical work: Power supply from main DB to Elevator including all necessary 1 LOT T.U., CDJMC, Within 90
work to function of elevator. Balkhu, Kathmandu. Days
Note: The date of effectiveness of contract shall be as of signing the contract

66
 Technical Specification

Notes on Technical Specifications

The purpose of the Technical Specifications (TS) is to define the technical
characteristics of the Goods and Related Services required by the Purchaser. The TS,
as a part of the schedule of Requirements (SR), constitute a Contract document and
are, therefore, a part of the Contract. The Purchaser must prepare the TS and include
them as a part of the Procurement Document, as applicable to each Contract.The
Purchaser shall prepare the detailed TS by taking into account that:

• The TS constitute the benchmarks against which the Purchaser will verify the
technical responsiveness of Bids and subsequently evaluate the Bids. Therefore,
well-defined TS will facilitate preparation of responsive Bids by Bidders, as well
as examination, evaluation, and comparison of the Bids by the Purchaser.

• The TS shall require that all Goods and materials to be incorporated in the Goods
be new, unused, and of the most recent or current models, and that they
incorporate all recent improvements in design and materials, unless provided for
otherwise in the contract.

• The TS shall make use of best practices. Samples of specifications from successful
similar procurements in the same country or sector may provide a sound basis for
drafting the TS.

• The use of metric units is encouraged.

• Standardizing technical specifications may be advantageous, depending on the

complexity of the Goods and the repetitiveness of the type of procurement. The
TS should be broad enough to avoid restrictions on workmanship, materials, and
equipment commonly used in manufacturing similar kinds of goods.

• Standards for equipment, materials, and workmanship specified in the Bidding

Documents shall not be restrictive. Recognized international standards should be
specified as much as possible. Reference to brand names, catalogue numbers, or
other details that limit any materials or items to a specific manufacturer should be
avoided. Where unavoidable, such item description should always be followed by
the words “or equivalent.” When other particular standards or codes of practice
are referred to in the TS, a statement should follow other authoritative standards
that ensure at least a substantially equal quality, then the standards mentioned in
the TS will also be acceptable.

67
• The TS shall be fully descriptive of the requirements in respect of, but not limited
to, the following:

(a) Standards of materials and workmanship required for the production and
manufacturing of the Goods.

(b) Detailed tests required (type and number).

(c) Other additional work and/or Related Services required to achieve full
delivery.

(d) Detailed activities to be performed by the Supplier, and participation of the

Purchaser thereon.

(e) List of detailed functional guarantees covered by the Warranty and the
specification of the penalties to be applied in the event that such guarantees are
not met.

• The TS shall specify all essential technical and performance characteristics and
requirements, including guaranteed or acceptable maximum or minimum values,
as appropriate. The Purchaser shall include an additional Bidding Form, Form
Spec-1 (to be an Attachment to the Letter of Bid), where the Bidder shall provide
detailed information on such technical performance characteristics in respect to the
corresponding acceptable or guaranteed values.

When the Purchaser requests that the Bidder provides in its Bid a part or all of the TS,
technical schedules, or other technical information, the Purchaser shall specify in
detail the nature and extent of the required information and the manner in which it has
to be presented by the Bidder in its Bid (Form Spec-1).

68
 Purchaser Requirement
The Goods and Related Services shall comply with following Technical Specifications and
Standards:

1. Summary of Technical Specifications.

Item No Name of Goods or Related Technical Specifications and Standards

Service

1 Supply, Delivery, Installation, See Under “Detailed Technical Specifications

Testing and Commissioning of and Standards”
Passenger Lift

2. Detailed Technical Specifications and Standards.

SPECIFICATION FOR PASSENGER LIFT

1.0 GENERAL
1.1 Related Work
The Contractor shall make himself familiar with other Divisions of this specifications and
affecting the work of this Section and shall coordinate work between Divisions as required.

1.2 Power Supply

1. Equipment power 400V, 3 phase, 4 wire, 50 Hz, alternating current.

2. Lighting 230V, single phase, 50 Hz, alternating current.

1.3 Source Quality Control

a. Use major elevator components from standard product lines of manufacturer unless
approved otherwise by the Engineer.

69
 b. Manufacturer to be a major international manufacturer, such as, Otis, Schindler,
Mitsubishi or obtained following certificates.

i. ISO 9001:2020 or 2024 with certificate no, Issue date and expiry date

ii. ISO 14001 with certificate no, Issue date and expiry date

iii. EN 81

iv. Occupational Health and Safety Certified management system or ISO 45001

v. Energy saving – Grade A certified product along with valid US FDA.

c. The manufacturer shall have a licensed agent in Kathmandu. Manufacturer’s agent shall
have been licensed by the manufacturer for a minimum of three years and must
demonstrate to the satisfaction of the Engineer sufficient experience and capability
including factory trained personnel to provide complete maintenance capability.

d. Installation shall be undertaken by the manufacturer or an agent satisfactory to the

Engineer. Installation shall be overseen by a named person employed by the
Manufacturer or agent acceptable to the Engineer.

e. Use components which have performed satisfactorily together under conditions of

normal use in not less than five other elevator installations of similar design and for at
least one year.

f. Upon request, furnish Engineer names and addresses of Owners or managers of

buildings, in which proposed combination of major components has so performed. At
least one installation, continuously operating for a year, shall have been in Kathmandu.

1.4 Shop Drawings and Product Data

1. Submit shop drawings in accordance with this Section.

2. Include on shop drawings as appropriate to each elevator installation:

(a) Size and location of machine, controller and piping.

(b) Size and location of car, hoisting beam, guide rails, buffers and other
components in hoistway.

(c) Rail bracket spacing and maximum loads on guide rails.

(d) Reactions at points of support.

70
 (e) Weights of principal components.

(f) Top and bottom clearance and overtravel of car.

(g) Location of circuit breaker, switchboard panel or disconnect switch, light

switch and feeder extension points in machine room.

(h) Location in hoistway and machine room for connection of travelling cables
for car light and telephone.

(i) Location and size of access doors.

(j) Each shop drawing submitted shall bear stamp of qualified professional
engineer.

(k) Include on general arrangement drawing type, size, location of hoistway

entrances showing details of fastening to hoistway structure.

(l) Signal and operating fixtures, operating panels, indicators.

(m) Cab design and components.

(n) Doors and frame details.

1.5 Samples
1. Submit samples illustrating, floor material, cab interior, cab ceiling, cab door,
hoistway entrance door and frame finished.

1.6 Project Record Documents

1. Record actual locations of equipment, names of equipment manufacturers and
suppliers, concealed conduit and boxes, concealed devices and disconnects. Include
in Maintenance Manual as required.

1.7 Operation and Maintenance Data

1. Provide operation and maintenance data for incorporation into Maintenance Manual
specified.

2. Include description of elevator system’s method of operation and control including

motor unit, door operation, signals, emergency power operation and special or non-
standard features provided.

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 3. Provide parts catalogues with complete list of equipment replacement parts with
equipment description and identifying numbers.

4. Lubrication chart.

5. Planned maintenance tasks and their frequencies.

6. Maintenance of special finishes.

1.8 Maintenance Service

1. Furnish complete service and maintenance of elevator system for a period of 5 Years
from date of Final Certificate.

2. Systematically, weekly, examine, clean, adjust, and lubricate equipment as per

planned maintenance tasks and frequencies.

3. Maintenance to include systematic examination, adjustment and lubrication of

elevator equipment, repair or replace parts whenever required. Use genuine parts
produced by the manufacturer of specific equipment.

4. Provide emergency call back service for full maintenance period.

5. Maintain locally, near the place of work, an adequate stock of parts for replacement
or emergency purposes and have qualified installation personnel available to ensure
fulfillment of this maintenance service without unreasonable loss of time.

6. Maintenance service shall not be assigned or transferred to any agent or

subcontractor without prior written consent of Employer.

7. Perform routine maintenance work outside peak operating hours.

8. Provide emergency call-back at all times at no extra charge and ensure fulfillment of
maintenance and emergency service without undue loss of time in reaching job site.

9. Ensure that maintenance personnel register with designated building personnel at

time of inspections and maintenance.

10. Employer assumes responsibility for cleaning elevator finishes.

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2.0 GENERAL
2.1 General Specification of Passenger Elevator

Passenger Elevator
: Machine room less
Machine Gear less with permanent magnet motor
:
Capacity 544 kg (8 Persons)
:
Speed 1 m/s
:
Approximate total height lift
height building (Basement floor to 23.3 m
sixth floor ceiling)
:
Stops 6 stop opening same side
:
Drive Regenerative.
:
Power supply 380 /415 Volts, 3 Phase
:
Power Fluctuation + - 2%
:
Controller Microprocessor based modular
:
Machine Gearless
:
Traction Flat belt/grooved belt
:
Belt Inspection Device Belt Inspection Device
: All inside Panels: Stainless Steel Matt finish
Internal Finish
:
Ceiling Mirror
:
Hand rails Stainless Steel Mirror Finish Handrails
:
Floor Vinyl Tiles Steel Grey
:
Door and landing door finish Stainless Steel

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 :
Door operator DC power operated automatic sliding
:
Position Indicator LED Scrolling Display
:
Face Plate Stainless Steel
:
Ventilation Fan Cross flow fan
:
Door Fire rating– 1 hour
:
Car & Hoist way Door type Centre opening
:
Door opening: W x H - mm As per site
:
Hoist way size W x D in mm 1800 W x 1800 D
▪ Car Call Protection
:
▪ Overload Device,
▪ Emergency Car Light Unit,
▪ Infrared Curtain Door Protection,
Features
▪ Door Time Protection,
▪ Battery operated Emergency Alarm Button,
▪ Extra Door Time of Lobby
▪ Door Open/Close Button,
▪ Manual Rescue System
▪ Auto Fan Cut Off
▪ Earthquake sensors
▪ Automatic Rescue operation,
▪ Voice Synthesizer,
▪ Two-way Intercom,
▪ Emergency Firemen’s Service,
▪ Micro stroke push button
▪ Inter facing device

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 Essential Certification
Required i. ISO 9001:2020 or 2024 with certificate no,
Issue date and expiry date

ii. ISO 14001 with certificate no, Issue date

and expiry date

iii. EN 81

iv. Occupational Health and Safety Certified

management system or ISO 45001

v. Energy saving – Grade A certified product

along with valid US FDA

2.2 Elevator Performance After Installation to be check.

1. Provide smooth acceleration and deceleration of car without perceptible steps so
adjusted as not to cause passenger discomfort.

2.3 Elevator Control Operation After Installation to be check.

1. Elevator operation is to be microprocessor controlled and capable of on site
programming.

2. Sequence and features of control are to be suitable to each application, subject to

Engineer’s approval.

2.4 General Components After Installation to be check.

1. Roller Guides:
(a) Equip car with roller guides mounted on top and bottom of car frame and
counter weight frames.

(b) Provide each guide with durable, oil resistant, rollers running on three-
finished rail surfaces.

(c) Maintain each roller on its respective guide in uniform contact with rail
surface at all times by means of substantial springs or by resilient mountings.

(d) Provide guide operation which is inaudible to passengers in car or outside

hoistway with car operating at rated speed and car fan turned off.

(e) Use tire material which will not develop flat spots after standing idle for 24
hour under average environmental conditions.

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2. Guide Shoes After Installation to be check.:
(a) Use swivel type guide shoes for car. Assemble on metal base to permit self-
alignment.

(b) Equip each shoe with renewable, non-metallic wearing gibs or inserts and
spring take-up for side play between guide rails.

(c) Include renewable wearing gibs made of durable non-metallic material

having low coefficient of friction and long wearing qualities when operated
on guide rails receiving infrequent light applications of rail lubricant.

(d) Do not use gibs containing graphite or extreme pressure type lubricants
which may adversely affect performance of safety.

(e) Use solid type guide shoes for car, of metal construction, fitted with
renewable cast-iron wearing gibs or inserts.

3. Guide Rail Lubricators After Installation to be check.:

(a) Include guide rail lubricators to distribute oil evenly.

5. Electrical Components After Installation to be check.:

(a) Steel compression fittings where electrical metallic tubing is used. Fittings
with set screws are acceptable only with separate grounding conductor
installed in same raceway.

(b) 10% spare conductors and two pairs of shielded audio cables in travelling
cable.

(c) Do not use armoured flexible metal conduit as grounding conductor.

(d) Do not parallel conductors to increase current carrying capacity unless

individually fused.

(e) Additional disconnects switches and wiring as required, to suit machine room
layout.

(f) Wiring and connections to elevator devices remote from hoistway and
between elevator machine rooms.

6. Car Platform After Installation to be check.:

(a) Made of steel securely welded and bolted together and suitable to receive
finish floor.

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7. Car Enclosure After Installation to be check:
(a) Enclosure: stainless steel matt finish.

(b) Enclose car on all sides. Enclosure suitable for removing or resurfacing for
maintenance purposes.

(c) Ceiling: mirror

(d) Operating panel and face plate: stainless with illuminating call buttons.

(e) Indicator panel: above operating panel with illuminating position indicators.

(f) Where required by enforcing authority furnish license holders in each

elevator car to suit certificate issued by enforcing authority. Design holder
with hidden or tamperproof fastening.

(g) Car doors and frames: stainless steel doors of sandwich panel construction
flush design. Frames of rolled sections, rigid construction.

(h) Ventilate through roof.

8. Hoistway Entrances:

(a) Door and frame construction: 1 hour fire rating.

(b) Weather-strip entrance door and frames to minimize audible noise caused by
air pressure differential between hoist way and landing floors.

9. Frames and Sills After Installation to be check:

(a) Include structural or fabricated frames and 6mm minimum stainless steel
plate sills designed to suit wall thickness and to support hoistway door
system. Set in plumb alignment.

(b) Extend frames from floor to floor beam above where non-load bearing walls
are provided.

10. Operating Panel and Buttons After Installation to be check:

(a) One recessed mounting operating panels per car with stainless steel faceplate
in each car, containing buttons with integral illumination corresponding to
floors served, emergency stop switch, alarm button and “DOOR OPEN”
“DOOR CLOSE” buttons.

(b) Emergency stop switch and alarm button: locate where they are unlikely to
be accidentally actuated and not more than 1000 mm above car floor.

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11. Car Gate Operator After Installation to be check:
(a) Fully open and close by car gate electric power simultaneously with hoistway
doors at average opening speed not greater than 0.6 m/s and not less than 0.5
m/s.

(b) Design gate to withstand damage to operating mechanism if it meets an

obstruction in closing.

(c) Permit opening by hand in case of power failure.

12. Gate Protective Device After Installation to be check:

(a) Provide automatic car gate reopening device on bottom of car gate so
arranged that, if gate meets an obstruction when closing, gate will
automatically stop and reopen.

(b) Device to stop and reopen gate before gate body comes in contact with
obstructing object or person. Do not project device into clear hoistway
opening when gate is open.

13. Lubrication After Installation to be check:

(a) Grease fittings: which fit same gun, for lubricating bearings requiring
periodic lubrication.

(b) Grease cups: automatic feed compression type.

(c) Lubrication points: visible and easily accessible.

14. Emergency System After Installation to be check:

(a) Each elevator installation shall be equipped with an emergency power supply
and control system capable of automatically returning an elevator to the
nearest floor in the event of a power failure.

15. Emergency Lighting After Installation to be check:

(a) Include key operated switch for manual testing of unit from within car.

(b) Battery unit to be of sufficient strength to support without causing

malfunction of damage.

(c) Provide means to contain leakage or spillage of electrolyte.

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2.5 Traction Elevator Components
1. Hoisting Belt /Steel Rope
(a) Hoisting Belt / steel rope, installed on elevator from same factory production.

2. Oil Buffers:
(a) Do not compress oil buffers when car is level with bottom landing.
(b) Reduced stroke buffers and emergency terminal stopping devices where pit
depth or overhead height does not permit installation of normal stroke
buffers.
(c) Buffer extensions where necessary to suit pit depth.
(d) Buffer switch on spring return buffers.

3. Counterweight:
(a) Counterweight of structural or formed metal frame type with metal filler
weights equal to mass of complete car and approximately 40% of rated load.

5. Safeties:
(a) Car and Counterweight safety to release when car or counterweight moves
up.

6. Motor:
(a) Reversible type motor designed for elevator service.

7. Motor Generator Starting:

(a) Protect motor generator set against damage caused by transfer of power from
or to emergency power supply.

2.6 Next Floor Stop Feature

1. In case of over-speed, tripping of overload relay, or opening of motor-generator
switch in corridor control panel, stop car at next floor rather than make emergency
stop between floors when serving between local floors.

2.7 Automatic Self Levelling Features

1. Self-levelling feature to automatically bring car to floor landings. Correct for over-
travel, independent of operating device.

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 2. Maintain car floor level within 10mm of landing floor with two-way automatic
maintaining levelling device.

2.8. Required Spare parts for maintenance. Adequate Spare parts should be available for
emergency maintenance without disturbing the operation for more than 12 hours.

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After awarding contract, following requirement should be fulfilled by suppliers.

a. Compulsory 5 years of annual maintanance (payable) to maintain the system upto date
b. The bidder should complete installation and commissioning of all the civil work,
Grouting, electrical work (including electrical wiring from the nearest electrical
junction) & Water proofing.
c. The bidder should complete the installation and commission of wiring, installation of
Passenger Lift system to function the system.
d. Onsite repair & maintenance training and operational training to the Institute personels,
Technicians, Electricians, liftman and users.
e. The cost of AMC & CMC should be submitted.
f. Copy of Service & operating manual in English should be provided at the time of
installation.
g. Cost of spares, important parts and tools necessary for servicing should be included.
h. Quality assurance certificate to be provided by manufacturing company after completion
of job.

81
 Drawings

The purpose of drawings is to specify locations, dimensions, materials to be used, stages of

manufacturing, and other characteristics of the Goods and Related Services. The Purchaser should
prepare such drawings, as needed, and include them in the Procurement Document. Such drawings,
as part of the SR, are Contract documents and, therefore, shall be part of the Contract. Similarly, the
Purchaser may request the Supplier to provide drawings either with its Bid or for approval during
Contract execution.

It is essential that the Purchaser prepares a List of Drawings showing all drawings it supplied and
issued as part of the Procurement Document.

82
 Section VI. General Conditions of Contract

The GCC contain standard provisions that have been designed to remain unchanged and to be used
without modifying their text. The GCC clearly identify the provisions that may normally need to
be specified for a particular bidding process and require that such specification be introduced
through the SCC.

The GCC are a Contract document and, therefore, are a part of the Contract.

Table of Clauses

1. Definitions ................................................................................................................ 68
2. Contract Documents ................................................................................................. 69
3. Fraud and Corruption ............................................................................................... 69
4. Interpretation ............................................................................................................ 71
5. Language .................................................................................................................. 72
6. Joint Venture, Consortium or Association ............................................................... 72
7. Notices ...................................................................................................................... 72
8. Governing Law ......................................................................................................... 72
9. Settlement of Disputes.............................................................................................. 72
10. Scope of Supply........................................................................................................ 73
11. Delivery .................................................................................................................... 73
12. Supplier’s Responsibilities......................................................................................... 73
13. Purchaser’s Responsibilities ...................................................................................... 73
14. Contract Price ........................................................................................................... 73
15. Terms of Payment .................................................................................................... 74
16. Taxes and Duties ...................................................................................................... 74
17. Performance Security ............................................................................................... 74
18. Copyright .................................................................................................................. 75
19. Confidential Information .......................................................................................... 75
20. Subcontracting ........................................................................................................... 76
21. Specifications and Standards .................................................................................... 76
22. Packing and Documents ........................................................................................... 77
23. Insurance .................................................................................................................. 77
24. Transportation ............................................................................................................ 77
25. Inspections and Tests................................................................................................ 77
26. Liquidated Damages ................................................................................................. 79

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27. Warranty .................................................................................................................. 79
28. Patent Indemnity ...................................................................................................... 80
29. Limitation of Liability.............................................................................................. 81
30. Change in Laws and Regulations ............................................................................. 81
31. Force Majeure .......................................................................................................... 81
32. Change Orders and Contract Amendments.............................................................. 82
33. Extensions of Time .................................................................................................. 83
34. Termination .............................................................................................................. 83
35. Assignment .............................................................................................................. 85

84
 Section VI. General Conditions of Contract

1. Definitions 1.1. The following words and expressions shall have the meanings
hereby assigned to them:
(a) “Contract” means the Agreement entered into between
the Purchaser and the Supplier, together with the
Contract Documents referred to therein, including all
attachments, appendices, and all documents incorporated
by reference therein.
(b) “Contract Documents” means the documents listed in
the Agreement, including any amendments thereto.
(c) “Contract Price” means the price payable to the Supplier
as specified in the Agreement, subject to such additions
and adjustments thereto or deductions there from, as
may be made pursuant to the Contract.
(d) “Day” means calendar day.
(e) “Delivery” means the transfer of the Goods from the
Supplier to the Purchaser in accordance with the terms
and conditions set forth in the Contract.
(f) “Completion” means the fulfillment of the Related
Services by the Supplier in accordance with the terms
and conditions set forth in the Contract.
(g) “GCC” means the General Conditions of Contract.
(h) “Goods” means all of the commodities, raw material, machin-
ery and equipment, and/or other materials that the Supplier is
required to supply to the Purchaser under the Contract.
(i) “Purchaser’s Country” is the country specified in the
Special Conditions of Contract (SCC).
(j) “Purchaser” means the entity purchasing the Goods and
Related Services, as specified in the SCC.
(k) “Related Services” means the services incidental to the
supply of the goods, such as insurance, installation,

85
 training and initial maintenance and other similar
obligations of the Supplier under the Contract.
(l) “SCC” means the Special Conditions of Contract.
(m) “Subcontractor” means any natural person, private, or
government entity, or a combination of the above, including
its legal successors or permitted assigns, to whom any part
of the Goods to be supplied or execution of any part of the
Related Services is subcontracted by the Supplier.
(n) “Supplier” means the natural person, private or government
entity, or a combination of the above, whose bid to
perform the Contract has been accepted by the Purchaser
and is named as such in the Agreement, and includes the
legal successors or permitted assigns of the Supplier.
(o) “GoN” means the Government of Nepal.
(p) “The Site,” where applicable, means the place named in the SCC.
2. Contract 2.3 Subject to the order of precedence set forth in the Agreement, all
Documents documents forming the Contract (and all parts thereof) are
intended to be correlative, complementary, and mutually
explanatory.
3. Fraud and 3.1 If the Purchaser determines that the Supplier has engaged in
Corruption corrupt, fraudulent, collusive, coercive, or obstructive
practices, in competing for or in executing the Contract, then
the Purchaser may, after giving 14 days notice to the
Supplier, terminate the Supplier's employment under the
Contract and the provisions of GCC Clause 34.1 shall apply.
For the purposes of this Sub-Clause:
(i) “corrupt practice” is the offering, giving, receiving or
soliciting, directly or indirectly, of anything of value to
influence improperly the actions of another party;
(ii) “fraudulent practice”5 is 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;

5
a “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or
contract execution; and the “act or omission” is intended to influence the procurement process or contract execution.
86
 (iii) “collusive practice”6 is an arrangement between two or
more parties designed to achieve an improper purpose,
including to influence improperly the actions of another
party;
(iv) “coercive practice”7 is impairing or harming, or
threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence improperly
the actions of a party;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation or making false
statements to investigators in order to materially impede a
GoN/DP investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; and/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
(bb) acts intended to materially impede the exercise of the
GoN/DP’s inspection and audit rights provided for under
ITB Clause 3.5 and GCC Clause 25.
3.2 Without prejudice to any other rights of the Purchaser under
this Contract, on the recommendation of the Purchaser, Public
Procurement Monitoring Office may blacklist a
Bidder/Supplier for its conduct for a period of one (1) to three
(3) years on the following grounds and seriousness of the act
committed by the bidder:
(a) if it is established that the Supplier committed acts
specified in ITB 3.2,
(b) if it is established later that the Bidder has committed
substantial defect in implementation of the contract or
has not substantially fulfilled its obligations under the
contract or the completed work is not of the specified
quality as per the contract.
3.3 Incase of DP funded bid, DP:

6
“parties” refers to participants in the procurement process (including public officials) attempting to establish
bid prices at artificial, non competitive levels.
7
a “party” refers to a participant in the procurement process or contract execution.
87
 (a) will cancel the portion of the loan allocated to a contract
if it determines at any time that representatives of the
Borrower or of a beneficiary of the loan engaged in
corrupt, fraudulent, collusive or coercive practices
during the procurement or the execution of that
contract, without the Borrower having taken timely and
appropriate action satisfactory to the Bank to remedy
the situation;

(b) will sanction a firm or individual, including declaring them

ineligible, either indefinitely or for a stated period of time,
to be awarded a Bank-financed contract if it at any time
determines that they have, directly or through an agent,
engaged, in corrupt, fraudulent, collusive or coercive
practices in competing for, or in executing, a Bank-financed
contract; and
(c) will have the right to require that Suppliers to permit the
Bank to inspect their accounts and records and other
documents relating to the bid submission and contract
performance and to have them audited by auditors
appointed by the Bank.
4. Interpretation 4.1 If the context so requires it, singular means plural and vice
versa.
4.2 Entire Agreement
The Contract constitutes the entire agreement between the
Purchaser and the Supplier and supersedes all communications,
negotiations and agreements (whether written or oral) of parties
with respect thereto made prior to the date of Contract.
4.3 Amendment
No amendment or other variation of the Contract shall be valid
unless it is in writing, is dated, expressly refers to the Contract, and
is signed by a duly authorized representative of each party thereto.
4.4 Nonwaiver
(a) Subject to GCC Sub-Clause 4.5(b) below, no relaxation,
forbearance, delay, or indulgence by either party in
enforcing any of the terms and conditions of the
Contract or the granting of time by either party to the
other shall prejudice, affect, or restrict the rights of that
party under the Contract, neither shall any waiver by

88
 either party of any breach of Contract operate as waiver
of any subsequent or continuing breach of Contract.
(b) Any waiver of a party’s rights, powers, or remedies
under the Contract must be in writing, dated, and signed
by an authorized representative of the party granting
such waiver, and must specify the right and the extent to
which it is being waived.
4.5 Severability
If any provision or condition of the Contract is prohibited or
rendered invalid or unenforceable, such prohibition, invalidity
or unenforceability shall not affect the validity or enforceability
of any other provisions and conditions of the Contract.
5. Language 5.1 The Contract as well as all correspondence and documents
relating to the Contract exchanged by the Supplier and the
Purchaser, shall be written in the language specified in the
SCC. Supporting documents and printed literature that are part
of the Contract may be in another language provided they are
accompanied by an accurate translation of the relevant
passages in the language specified in the SCC, in which case,
for purposes of interpretation of the Contract, this translation
shall govern.
5.2 The Supplier shall bear all costs of translation to the
governing language and all risks of the accuracy of such
translation.
6. Joint Venture, 6.1 If the Supplier is a joint venture, consortium, or association,
Consortium or all of the parties shall be jointly and severally liable to the
Association Purchaser for the fulfillment of the provisions of the
Contract and shall designate one party to act as a leader with
authority to bind the joint venture, consortium, or
association. A bidder can submit only one bid either as a
partner of the joint venture or individually. The composition
or the constitution of the joint venture, consortium, or
association shall not be altered without the prior consent of
the Purchaser.
6.2 The contractor shall not handover the responsibility of the
contract to any one member or some members of Joint
Venture or any other parties, not involved in the contract.
7. Notices 7.1 Any Notice given by one party to the other pursuant to the
Contract shall be in writing to the address specified in the
89
 SCC. The term “in writing” means communicated in written
form with proof of receipt.
7.2 A Notice shall be effective when delivered or on the
Notice’s effective date, whichever is later.
8. Governing Law 8.1 The Contract shall be governed by and interpreted in
accordance with the laws of Nepal.
9. Settlement of 9.1 The Purchaser and the Supplier shall make every effort to
Disputes settle amicably by direct negotiation any disagreement or
dispute arising between them under or in connection with
the Contract.
9.2 Any dispute between the Parties as to matters arising
pursuant to this Contract which cannot be settled amicably
within thirty (30) days after receipt by one Party of the other
Party‘s request for such amicable settlement may be referred
to Arbitration within 30 days after the expiration of
amicable settlement period as specified in SCC.
10. Scope of Supply 10.1 Subject to the SCC, the Goods and Related Services to be
supplied shall be as specified in Section V, Schedule of
Requirements.
10.2 Unless otherwise stipulated in the Contract, the Scope of
Supply shall include all such items not specifically
mentioned in the Contract but that can be reasonably
inferred from the Contract as being required for attaining
Delivery and Completion of the Goods and Related Services
as if such items were expressly mentioned in the Contract.
11. Delivery 11.1 Subject to GCC Sub-Clause 31.1, the Delivery of the Goods
and Completion of the Related Services shall be in accordance
with the Delivery and Completion Schedule specified in the
Section V, Schedule of Requirements. The details of
documents to be furnished by the Supplier are specified in the
SCC.
12. Supplier’s 12.1 The Supplier shall supply all the Goods and Related
Responsibilities Services included in the Scope of Supply in accordance with
GCC Clause 10, and the Delivery and Completion Schedule,
as per GCC Clause 11.
13. Purchaser’s 13.1 Whenever the supply of Goods and Related Services
Responsibilities requires that the Supplier obtain permits, approvals, and
import and other licenses from public authorities in Nepal,
the Purchaser shall, if so required by the Supplier, make its
90
 best effort to assist the Supplier in complying with such
requirements in a timely and expeditious manner.
13.2 The Purchaser shall pay all costs involved in the
performance of its responsibilities, in accordance with GCC
Sub-Clause 13.1.
14. Contract Price 14.1 The Contract Price shall be as specified in the Agreement
subject to any additions and adjustments thereto, or
deductions there from, as may be made pursuant to the
Contract.
14.2 Prices charged by the Supplier for the Goods delivered and
the Related Services performed under the Contract shall not
vary from the prices quoted by the Supplier in its bid, with
the exception of any price adjustments authorized in the
SCC.
15. Terms of 15.1 The Contract Price shall be paid as specified in SCC.
Payment 15.2 The Supplier’s request for payment shall be made to the
Purchaser in writing, accompanied by invoices describing, as
appropriate, the Goods delivered and Related Services
performed, and by the documents submitted pursuant to GCC
Clause 11 and upon fulfillment of all the obligations
stipulated in the Contract.
15.3 Unless otherwise specified in the SCC, the Purchaser shall
retain from each payment due to the Contractor the
proportion stated in the SCC. Half of the total amount
retained shall be repaid to the Supplier not later than thirty
(30) days following the date of completion of the Supplier’s
performance obligations under the Contract, including any
warranty obligations and half when the supplier has
submitted the evidence of submission of tax return to the
concerned Internal Revenue Office.
15.4 Payments shall be made promptly by the Purchaser, no later
than thirty (30) days after submission of an invoice or
request for payment by the Supplier, and the Purchaser has
accepted it.
15.5 Payments shall be made to the Supplier under this Contract
in Nepalese Currency.
15.6 In the event that the Purchaser fails to pay the Supplier any
payment by its due date or within the period set forth in the
GCC 15.4, the Purchaser shall pay to the Supplier interest
on the amount of such delayed payment at the rate shown in
91
 the SCC, for the period of delay until due payment has been
made.
16. Taxes and 16.1 For goods supplied, the Supplier shall be entirely
Duties responsible for all taxes, duties, license fees, etc., incurred
until delivery of the contracted Goods to the Purchaser
17. Performance 17.1 The Supplier shall, within fifteen (15) days of the receipt of
Security notification of Contract award, provide a Performance
Security for the due performance of the Contract in the
amounts and currencies specified in the SCC.
17.2 The proceeds of the Performance Security shall be payable to
the Purchaser as compensation for any loss resulting from the
Supplier’s failure to complete its obligations under the
Contract.
17.3 The Performance Security shall be denominated in the
currency of the Contract, or in a freely convertible currency
acceptable to the Purchaser, and shall be in one of the forms
stipulated by the Purchaser in the SCC, or in another form
acceptable to the Purchaser.
17.4 The Performance Security shall be discharged by the
Purchaser and returned to the Supplier not later than thirty
(30) days following the date of completion of the Supplier’s
performance obligations under the Contract, including any
warranty obligations.
18. Copyright 18.1 The copyright in all drawings, documents, and other materials
containing data and information furnished to the Purchaser by
the Supplier herein shall remain vested in the Supplier, or, if
they are furnished to the Purchaser directly or through the
Supplier by any third party, including suppliers of materials,
the copyright in such materials shall remain vested in such
third party.
19. Confidential 19.1 The Purchaser and the Supplier shall keep confidential and
Information shall not, without the written consent of the other party
hereto, divulge to any third party any documents, data, or
other information furnished directly or indirectly by the other
party hereto in connection with the Contract, whether such
information has been furnished prior to, during or following
completion or termination of the Contract. Notwithstanding
the above, the Supplier may furnish to its Subcontractor such
documents, data, and other information it receives from the

92
 Purchaser to the extent required for the Subcontractor to
perform its work under the Contract, in which event the
Supplier shall obtain from such Subcontractor an undertaking
of confidentiality similar to that imposed on the Supplier
under GCC Clause 19.
19.2 The Purchaser shall not use such documents, data, and other
information received from the Supplier for any purposes
unrelated to the Contract. Similarly, the Supplier shall not use
such documents, data, and other information received from the
Purchaser for any purpose other than the design, procurement, or
other work and services required for the performance of the
Contract.
19.3 The obligation of a party under GCC Sub-Clauses 19.1 and
19.2 above, however, shall not apply to information that:
(a) the Purchaser or Supplier need to share with the Donor
for Donor funded project or other institutions
participating in the financing of the Contract;
(b) now or hereafter enters the public domain through no
fault of that party;
(c) can be proven to have been possessed by that party at
the time of disclosure and which was not previously
obtained, directly or indirectly, from the other party; or
(d) otherwise lawfully becomes available to that party from
a third party that has no obligation of confidentiality.
19.4 The above provisions of GCC Clause 19 shall not in any
way modify any undertaking of confidentiality given by
either of the parties hereto prior to the date of the Contract
in respect of the Supply or any part thereof.
19.5 The provisions of GCC Clause 19 shall survive completion
or termination, for whatever reason, of the Contract.
20. Subcontracting 20.1 The Supplier shall notify the Purchaser in writing of all
subcontracts awarded under the Contract if not already
specified in the Bid. Subcontracting shall in no event relieve
the Supplier from any of its obligations, duties,
responsibilities, or liability under the Contract.
20.2 Subcontracts shall comply with the provisions of GCC
Clauses 3.

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21. Specifications 21.1 Technical Specifications and Drawings
and Standards
(a) The Supplier shall ensure that the Goods and Related
Services comply with the technical specifications and
other provisions of the Contract.
(b) The Supplier shall be entitled to disclaim responsibility
for any design, data, drawing, specification, or other
document, or any modification thereof provided or
designed by or on behalf of the Purchaser, by giving a
notice of such disclaimer to the Purchaser.

(c) The Goods and Related Services supplied under this

Contract shall conform to the standards mentioned in
Section V, Schedule of Requirements and, when no
applicable standard is mentioned, the standard shall be
equivalent or superior to the official standards whose
application is appropriate to the country of origin of the
Goods.
21.2 Wherever references are made in the Contract to codes and
standards in accordance with which it shall be executed, the
edition or the revised version of such codes and standards
shall be those specified in the Section V, Schedule of
Requirements. During Contract execution, any changes in
any such codes and standards shall be applied only after
approval by the Purchaser and shall be treated in accordance
with GCC Clause 32.
22. Packing and 22.1 The Supplier shall provide such packing of the Goods as is
Documents required to prevent their damage or deterioration during
transit to their final destination, as indicated in the Contract.
During transit, the packing shall be sufficient to withstand,
without limitation, rough handling, and exposure to extreme
temperatures, salt and precipitation, and open storage.
Packing case size and weights shall take into consideration,
where appropriate, the remoteness of the final destination of
the Goods and the absence of heavy handling facilities at all
points in transit.
22.2 The packing, marking, and documentation within and
outside the packages shall comply strictly with such special
requirements as shall be expressly provided for in the
Contract, including additional requirements, if any, specified
in the SCC, and in any other instructions ordered by the

94
 Purchaser.
23. Insurance 23.1 Unless otherwise specified in the SCC, the Goods supplied
under the Contract shall be fully insured against loss or
damage incidental to manufacture or acquisition,
transportation, storage, and delivery, in the manner specified
in the SCC.
24. Transportation 24.1 The supplier is required under the contract to transport the
Goods to a specified place of final destination, defined as
the project site, transport to such place of destination
including insurance and storage, as shall be specified in the
contract, shall be arranged by the supplier, and related costs
shall be included in the contract price.
25. Inspections and 25.1 The Supplier shall at its own expense and at no cost to the
Tests Purchaser carry out all such tests and/or inspections of the
Goods and Related Services as are specified in Sections V,
Schedule of Requirements.
25.2 The inspections and tests may be conducted on the premises
of the Supplier or its Subcontractor, at point of delivery,
and/or at the final destination of the Goods, or in another
place in Nepal as specified in the SCC. Subject to GCC Sub-
Clause 25.3, if conducted on the premises of the Supplier or
its Subcontractor, all reasonable facilities and assistance,
including access to drawings and production data, shall be
furnished to the inspectors at no charge to the Purchaser.
25.3 The Purchaser or its designated representative shall be
entitled to attend the tests and/or inspections referred to in
GCC Sub-Clause 25.2, provided that the Purchaser bear all of
its own costs and expenses incurred in connection with such
attendance including, but not limited to, all traveling and
board and lodging expenses.
25.4 Whenever the Supplier is ready to carry out any such test
and inspection, it shall give a reasonable advance notice,
including the place and time, to the Purchaser. The Supplier
shall obtain from any relevant third party or manufacturer
any necessary permission or consent to enable the Purchaser
or its designated representative to attend the test and/or
inspection.
25.5 The Purchaser may require the Supplier to carry out any test
and/or inspection not required by the Contract but deemed
necessary to verify that the characteristics and performance of
the Goods comply with the technical specifications, codes and

95
 standards under the Contract, provided that the Supplier’s
reasonable costs and expenses incurred in the carrying out of
such test and/or inspection shall be added to the Contract Price.
Further, if such test and/or inspection impede the progress of
manufacturing and/or the Supplier’s performance of its other
obligations under the Contract, due allowance will be made in
respect of the Delivery Dates and Completion Dates and the
other obligations so affected.
25.6 The Supplier shall provide the Purchaser with a report of the
results of any such test and/or inspection.
25.7 The Purchaser may reject any Goods or any part thereof that
fail to pass any test and/or inspection or do not conform to
the specifications. The Supplier shall either rectify or
replace such rejected Goods or parts thereof or make
alterations necessary to meet the specifications at no cost to
the Purchaser, and shall repeat the test and/or inspection, at
no cost to the Purchaser, upon giving a notice pursuant to
GCC Sub-Clause 25.4.
25.8 The Supplier agrees that neither the execution of a test
and/or inspection of the Goods or any part thereof, nor the
attendance by the Purchaser or its representative, nor the
issue of any report pursuant to GCC Sub-Clause 25.6, shall
release the Supplier from any warranties or other obligations
under the Contract.
26. Liquidated 26.1 Except as provided under GCC Clause 31, if the Supplier
Damages fails to deliver any or all of the Goods or perform the
Related Services within the period specified in the Contract,
the Purchaser may without prejudice to all its other remedies
under the Contract, deduct from the Contract Price, as
liquidated damages, a sum equivalent to the percentage
specified in the SCC of the Contract Price for each day of
delay until actual delivery or performance, up to a maximum
deduction of the percentage specified in the SCC. Once the
maximum is reached, the Purchaser may terminate the
Contract pursuant to GCC Clause 34.
27. Warranty 27.1 The Supplier warrants that all the Goods are new, unused,
and of the most recent or current models, and that they
incorporate all recent improvements in design and materials,
unless provided otherwise in the Contract.
27.2 Subject to GCC Sub-Clause 21.1, the Supplier further

96
 warrants that the Goods shall be free from defects arising
from any act or omission of the Supplier or arising from
design, materials, and workmanship, under normal use in the
conditions prevailing in Nepal.
27.3 Unless otherwise specified in the SCC, the warranty shall
remain valid for twelve (12) months after the Goods, or any
portion thereof as the case may be, have been delivered to
and accepted at the final destination indicated in the SCC.
27.4 The Purchaser shall give Notice to the Supplier stating the
nature of any such defects together with all available
evidence thereof, promptly following the discovery thereof.
The Purchaser shall afford all reasonable opportunity for the
Supplier to inspect such defects.
27.5 Upon receipt of such Notice, the Supplier shall, within the
period specified in the SCC, expeditiously repair or replace
the defective Goods or parts thereof, at no cost to the
Purchaser.
27.6 If having been notified, the Supplier fails to remedy the
defect within the period specified in the SCC, the Purchaser
may proceed to take within a reasonable period such
remedial action as may be necessary, at the Supplier’s risk
and expense and without prejudice to any other rights which
the Purchaser may have against the Supplier under the
Contract.
28. Patent 28.1 The Supplier shall, subject to the Purchaser’s compliance with
Indemnity GCC Sub-Clause 28.2, indemnify and hold harmless the
Purchaser and its employees and officers from and against any
and all suits, actions or administrative proceedings, claims,
demands, losses, damages, costs, and expenses of any nature,
including attorney’s fees and expenses, which the Purchaser
may suffer as a result of any infringement or alleged
infringement of any patent, utility model, registered design,
trademark, copyright, or other intellectual property right
registered or otherwise existing at the date of the Contract by
reason of:
(a) the installation of the Goods by the Supplier or the use
of the Goods in the country where the Site is located;
and
(b) the sale in any country of the products produced by the

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 Goods.
Such indemnity shall not cover any use of the Goods or any
part thereof other than for the purpose indicated by or to be
reasonably inferred from the Contract, neither any
infringement resulting from the use of the Goods or any part
thereof, or any products produced thereby in association or
combination with any other equipment, plant, or materials not
supplied by the Supplier, pursuant to the Contract.
28.2 If any proceedings are brought or any claim is made against
the Purchaser arising out of the matters referred to in GCC
Sub-Clause 28.1, the Purchaser shall promptly give the
Supplier a notice thereof, and the Supplier may at its own
expense and in the Purchaser’s name conduct such
proceedings or claim and any negotiations for the settlement
of any such proceedings or claim.
28.3 If the Supplier fails to notify the Purchaser within thirty (30)
days after receipt of such notice that it intends to conduct
any such proceedings or claim, then the Purchaser shall be
free to conduct the same on its own behalf.
28.4 The Purchaser shall, at the Supplier’s request, afford all
available assistance to the Supplier in conducting such
proceedings or claim, and shall be reimbursed by the
Supplier for all reasonable expenses incurred in so doing.
28.5 The Purchaser shall indemnify and hold harmless the
Supplier and its employees, officers, and Subcontractors
from and against any and all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs, and
expenses of any nature, including attorney’s fees and
expenses, which the Supplier may suffer as a result of any
infringement or alleged infringement of any patent, utility
model, registered design, trademark, copyright, or other
intellectual property right registered or otherwise existing at
the date of the Contract arising out of or in connection with
any design, data, drawing, specification, or other documents
or materials provided or designed by or on behalf of the
Purchaser.
29. Limitation of 29.1 Except in cases of gross negligence or willful misconduct :
Liability
(a) neither party shall be liable to the other party for any
indirect or consequential loss or damage, loss of use,

98
 loss of production, or loss of profits or interest costs,
provided that this exclusion shall not apply to any
obligation of the Supplier to pay liquidated damages to
the Purchaser; and
(b) the aggregate liability of the Supplier to the Purchaser,
whether under the Contract, in tort, or otherwise, shall
not exceed the total Contract Price, provided that this
limitation shall not apply to the cost of repairing or
replacing defective equipment, or to any obligation of
the Supplier to indemnify the Purchaser with respect to
patent infringement.
30. Change in Laws 30.1 Unless otherwise specified in the Contract, if after the date of
and Regulations the Invitation for Bids, any law, regulation, ordinance, order
or bylaw having the force of law is enacted, promulgated,
abrogated, or changed in Nepal where the Site is located
(which shall be deemed to include any change in
interpretation or application by the competent authorities) that
subsequently affects the Delivery Date and/or the Contract
Price, then such Delivery Date and/or Contract Price shall be
correspondingly increased or decreased, to the extent that the
Supplier has thereby been affected in the performance of any
of its obligations under the Contract. Notwithstanding the
foregoing, such additional or reduced cost shall not be
separately paid or credited if the same has already been
accounted for in the price adjustment provisions where
applicable, in accordance with GCC Clause 14.
31. Force Majeure 31.1 The Supplier shall not be liable for forfeiture of its
Performance Security, liquidated damages, or termination
for default if and to the extent that its delay in performance
or other failure to perform its obligations under the Contract
is the result of an event of Force Majeure.
31.2 For purposes of this Clause, “Force Majeure” means an
event or situation beyond the control of the Supplier that is
not foreseeable, is unavoidable, and its origin is not due to
negligence or lack of care on the part of the Supplier. Such
events may include, but not be limited to, acts of the
Purchaser in its sovereign capacity, wars or revolutions,
fires, floods, epidemics, quarantine restrictions, and freight
embargoes.
31.3 If a Force Majeure situation arises, the Supplier shall
promptly notify the Purchaser in writing of such condition
99
 and the cause thereof. Unless otherwise directed by the
Purchaser in writing, the Supplier shall continue to perform
its obligations under the Contract as far as is reasonably
practical, and shall seek all reasonable alternative means for
performance not prevented by the Force Majeure event.
32. Change Orders 32.1 The Purchaser may at any time order the Supplier through
and Contract Notice in accordance GCC Clause 7, to make changes within
Amendments the general scope of the Contract in any one or more of the
following:
(a) drawings, designs, or specifications, where Goods to be
furnished under the Contract are to be specifically
manufactured for the Purchaser;
(b) the method of shipment or packing;
(c) the place of delivery; and
(d) the Related Services to be provided by the Supplier.
32.2 If any such change causes an increase or decrease in the cost
of, or the time required for, the Supplier’s performance of
any provisions under the Contract, an equitable adjustment
shall be made in the Contract Price or in the Delivery and
Completion Schedule, or both, and the Contract shall
accordingly be amended. Any claims by the Supplier for
adjustment under this Clause must be asserted within thirty
(30) days from the date of the Supplier’s receipt of the
Purchaser’s change order.
32.3 Prices to be charged by the Supplier for any Related
Services that might be needed but which were not included
in the Contract shall be agreed upon in advance by the
parties and shall not exceed the prevailing rates charged to
other parties by the Supplier for similar services.
33. Extensions of 33.1 If at any time during performance of the Contract, the
Time Supplier or its Subcontractors should encounter conditions
impeding timely delivery of the Goods or completion of
Related Services pursuant to GCC Clause 11, the Supplier
shall promptly, and at least twenty one (21) days before the
expiry of procurement contract, notify the Purchaser in
writing of the delay, its likely duration, and its cause. As
soon as practicable after receipt of the Supplier’s notice, the
Purchaser shall evaluate the situation and may at its

100
 discretion extend the Supplier’s time for performance, in
which case the extension shall be ratified by the parties by
amendment of the Contract.
33.2 Except in case of Force Majeure, as provided under GCC
Clause 31, a delay by the Supplier in the performance of its
Delivery and Completion obligations shall render the
Supplier liable to the imposition of liquidated damages
pursuant to GCC Clause 26, unless an extension of time is
agreed upon, pursuant to GCC Sub-Clause 34.1.
34. Termination 34.1 Termination for Default
(a) The Purchaser, without prejudice to any other remedy
for breach of Contract, by Notice of default sent to the
Supplier, may terminate the Contract in whole or in part:
(i) if the Supplier fails to deliver any or all of the
Goods within the period specified in the Contract,
or within any extension thereof granted by the
Purchaser pursuant to GCC Clause 33;
(ii) if the Supplier fails to perform any other
obligation under the Contract.
(iii) The supplier uses the advance payment for
matters other than the contarctual obligations.
(iv) The purchaser may terminate the contract at any
time in the following condition.
(a) does not commence the work as per the
contract,
(b) abandons the contract with out completing,
(c) fails to achieve progress as per the contract.
(b) In the event the Purchaser terminates the Contract in
whole or in part, pursuant to GCC Clause 34.1(a), the
Purchaser may procure, upon such terms and in such
manner as it deems appropriate, Goods or Related
Services similar to those undelivered or not performed,
and the Supplier shall be liable to pay to the Purchaser
for whole costs for such similar Goods or Related
Services. However, the Supplier shall continue
performance of the Contract to the extent not terminated.

101
 (c) if the Supplier, in the judgment of the Purchaser has
engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices, as defined in GCC Clause 3, in
competing for or in executing the Contract.

34.2 Termination for Insolvency

The Purchaser may at any time terminate the Contract by giving
Notice to the Supplier if the Supplier becomes bankrupt or
otherwise insolvent. In such event, termination will be without
compensation to the Supplier, provided that such termination
will not prejudice or affect any right of action or remedy that
has accrued or will accrue thereafter to the Purchaser.
34.3 Termination for Convenience
(a) The Purchaser, by written Notice sent to the Supplier,
may terminate the Contract, in whole or in part, at any
time for its convenience. The Notice of termination shall
specify that termination is for the Purchaser’s
convenience, the extent to which performance of the
Supplier under the Contract is terminated, and the date
upon which such termination becomes effective.
(b) The Goods that are complete and ready for shipment
within seven (7) days after the Supplier’s receipt of the
Notice of termination shall be accepted by the Purchaser
at the Contract terms and prices. For the remaining
Goods, the Purchaser may elect:
i. To have any portion completed and delivered at
the Contract terms and prices; and/or
ii. To cancel the remainder and pay to the Supplier
an agreed amount for partially completed Goods
and Related Services and for materials and parts
previously procured by the Supplier.
35. Assignment 35.1 Neither the Purchaser nor the Supplier shall assign, in whole
or in part, their obligations under this Contract, except with
prior written consent of the other party.

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 Section VII. Special Conditions of Contract
The following Special Conditions of Contract (SCC) shall supplement the General Conditions of
Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the
GCC.

GCC 1.1(i) The Purchaser’s country is: Nepal

GCC 1.1(j) The Purchaser is: Tribhuvan University, Central Department of
Journalism and Mass Communication, Balkhu, Kathmandu.
GCC 1.1 (p) The Site is: Balkhu, Kathmandu.
GCC 5.1 The language shall be: English
GCC 7.1 For notices, the Purchaser’s address shall be:
Name and Address of the Purchaser: Tribhuvan University, Central
Department of Journalism and Mass Communication, Balkhu,
Kathmandu.
Telephone number: 01-5355212
e-mail Address: [email protected]
For notices, the Suppliers’s address shall be:
Name and Address of the Supplier:
Telephone number:
Facsimile number:
e-mail Address:
GCC 9.2 In case of arbitration, the arbitration shall be conducted in accordance
with the arbitration procedures in accordance with law of Nepal at
NEPCA, Lalitpur.
GCC 10.1 The Scope of Supply shall be defined in: “Section V, Schedule of
Requirements”
GCC 11.1 Upon delivery of the Goods to the transporter, the Supplier shall notify
the Purchaser and send the following documents to the Purchaser:
a) Copies of the Supplier’s invoice showing the description of the
Goods, quantity, unit price, and total amount;
b) Copy of packing list indentifying the contents of each package;
c) Delivery note, railway receipt, or truck receipt;
d) Manufacturer’s or Supplier’s warranty certificate;
e) Certificate of origin; and

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 f) Inspection certificate issued by the nominated inspection
agency, and the Supplier’s factory inspection report;
The Purchaser shall receive the above documents before the arrival of
the Goods and, if not received, the Supplier will be responsible for any
consequent expenses.
[Note: The above requirements should be reviewed on a case-by-case
basis, with amendments being made as necessary]
GCC 14.2 Price adjustment is not allowed.
GCC 15.1 The terms of payment to be made to the Supplier under the contract
shall be as follows:
1. The payment shall be made:
(a) through accounts division/unit of the Purchaser
GCC 15.1 2. Payments shall be made in Nepalese Rupees in the following
manner:
a. Advance Payment: shall not be made to the supplier.
b. Milestone 1 [Delivery, installation, acceptance]: 100% of
contract price.
GCC 15.3 The proportion of payments retained is: 5 (five)) percent.

GCC 15.6 The interest rate that shall be applied for payment delay is: 0%

GCC 17.1 The Supplier shall provide a Performance Security as follows:

I. If bid price of the bidder selected for acceptance is up to 15
(fifteen) percent less than the approved cost estimate, the
performance security amount shall be 5 (five) percent of the bid
price.
II. For the bid price of the bidder selected for acceptance is more than
15 (fifteen) percent below of the cost estimate, the performance
security amount shall be determined as follows:
Performance Security Amount = [(0.85 x Cost Estimate –Bid Price)
x 0.5] + 5% of Bid Price.
The Bid Price and Cost Estimate shall be exclusive of Value Added Tax.

The Performance Security shall be valid for the period of 13 months

from final delivery of goods.

The performance security shall be forfeited, in case the Supplier fails to

complete the contractual obligation and rectify the defects within
warranty period.

104
GCC 17.3 The types of acceptable Performance Securities are: A bank guarantee
issued by Commercial Bank or Financial Institution eligible to issue
Bank Guarantee as per prevailing Law located in Nepal or commercial
bank located abroad, acceptable to the Purchaser, in the format
included in Section VIII, Contract Forms, Performance Security issued
by foreign Bank must be counter – guaranteed by Commercial Bank or
Financial Institution eligible to issue Bank Guarantee as per prevailing
Law in Nepal.
GCC 22.2 A complete packing list indicating the content of each package shall be
enclosed in a water proof envelope and shall be secured to the outside
of the packing case. In addition, each package shall be marked with
indelible ink/paint in bold letters, as follows:
a. Contract number:
b. Name and address of the Purchaser:
c. Country of origin,
d. Gross weight
e. Net weight
f. Package number of total number of packages
g. Brief description of content
h. [Insert any other additional marking]
Upright markings, where appropriate, shall be placed on all four
vertical sides of the package.
All materials used for packing shall be environmentally neutral.
[Note: The above requirements should be reviewed on a case-by-case
basis, with amendments being made as necessary]

GCC 23.1 The insurance coverage shall be in an amount equal to 110 percent of
the contract price of the Goods on “All Risks” basis, including War
Risks, riots and/or Strikes.
GCC 25.2 Tests and Inspections specified in Section V, Schedule of
Requirements, shall be carried out at the following times or milestones,
and places:
Goods: As Stated in Schedule of Requirements
Type of Test: Visual Inspection and Operational Test
Time or Milestone: After installation in site
Place: Tribhuvan University, Central Department of Journalism and
Mass Communication, Balkhu, Kathmandu.

105
GCC 26.1 The applicable rate of liquidated damages shall be: 0.05 percent of the
Contract Price per day.
GCC 26.1 The maximum amount of liquidated damages shall be: ten (10) percent
of the Contract Price.
The contract shall be terminated, if liquidated damages exceeds 10
percent of the Contract Price and blacklisting process shall be initiated
for the Supplier's failure to complete the contractual obligations.
GCC 27.3 The period of validity of the Warranty shall be: 12 months
For the purposes of the Warranty, the place of final destination shall
be: Tribhuvan University, Central Department of Journalism and Mass
Communication, Balkhu, Kathmandu.
GCC 27.5 & 27.6 The Supplier shall correct any defects covered by the Warranty within:
15 days of being notified by the Purchaser of the occurrence of such
defects.

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 Section VIII. Contract Forms

Table of Forms

Letter of Intent …………………………………………………………………………….94

Letter of Acceptance………………………………………………………………………..95

Agreement Form ................................................................................................................... 96

Performance Security ........................................................................................................... 97

Advance Payment Security .................................................................................................. 98

107
 Letter of Intent
[on letterhead paper of the Purchaser]

. . . . . . . date. . . . . . .

Notes on Letter of Intent

The issuance of Letter of Intent is the information of the selection of the bid of the successful bidder by
the Purchaser and for providing information to other unsuccessful bidders who participated in the bid as
regards to the outcome of the procurement process. This standard form of Letter of Intent to Award
should be filled in and sent to the successful Bidder only after evaluation and selection of substantially
responsible lowest evaluated bid.

To: . . . . . . . . . . name and address of the Supplier . . . . . . . . . .

Subject: Issuance of letter of intent to award the contract

This is to notify you that, it is our intention to award the contract. for execution of the . . . . . . . . .name
of the contract and identification number, as given in the Contract Data/SCC to you as your bid price . . . . . .
. . .amount in figures and words in Nepalese Rupees ………………. as corrected and modified in accordance with
the Instructions to Bidders is hereby selected as substantially responsive lowest evaluated bid.

Authorized Signature: .........................................................................

Name: .................................................................................................

Title: ....................................................................................................

CC:
[Insert name and address of all other Bidders, who submitted the bid]

108
 Letter of Acceptance
[on letterhead paper of the Purchaser]

. . . . . . . date. . . . . . .

To: . . . . . . . . . . name and address of the Supplier . . . . . . . . . .

Subject: .Notification of Award

This is to notify that your Bid dated . . . . date . . . . for execution of the . . . . . . . . . .name of the contract
and identification number, as given in the Contract Data/SCC . . . . . . . . . . for the Contract price of Nepalese
Rupees [insert amount in figures and words in Nepalese Rupees], as corrected in accordance with the
Instructions to Bidders is hereby accepted in accordance with the Instruction to Bidders.

You are hereby instructed to contract this office to sign the formal contract agreement within 15 days.
As per the Conditions of Contract, you are also required to submit Performance Security, as specified
in SCC, consisting of a Bank Guarantee in the format included in Section VIII (Contract Forms) of the
Bidding Document.

The amout of performance security shall be NRs……………….[Insert amount] and validity period of
performance security shall be ………[insert validity period].

The Purchaser shall forfeit the bid security, in case you fail to furnish the Performance Security and to
sign the contract within specified period.

Authorized Signature: .........................................................................

Name and Title of Signatory:

109
 Agreement Form

THIS AGREEMENT made on the [insert number] day of [insert month], [insert year], between
[insert complete name of Purchaser] of [insert complete address of Purchaser] (hereinafter “the
Purchaser”), of the one part, and [insert complete name of Supplier] of [insert complete address of
Supplier] (hereinafter “the Supplier”), of the other part:
WHEREAS the Purchaser invited Bids for certain Goods and Related Services, viz., [insert brief
description of the Goods and Related Services] and has accepted a Bid by the Supplier for the
supply of those Goods and Related Services in the sum of NRs ……..[insert amount of contract
price in words and figures including taxes] (hereinafter “the Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz.:
(a) the Purchaser’s Notification to the Supplier of Award of Contract;
(b) the Bid Submission Form and the Price Schedules submitted by the Supplier;
(c) the Special Conditions of Contract;
(d) the General Conditions of Contract;
(e) the Schedule of Requirements; and
(f) [indicate any other documents required as appropriate]
This Contract shall prevail over all other Contract documents. In the event of any discrepancy or
inconsistency within the Contract documents, then the documents shall prevail in the order
listed above.
3. In consideration of the payments to be made by the Purchaser to the Supplier as indicated in this
Agreement, the Supplier hereby covenants with the Purchaser to provide the Goods and Related
Services and to remedy defects therein in conformity in all respects with the provisions of the
Contract.
4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the
Goods and Related Services and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance
with the laws of “Nepal” on the day, month, and year indicated above.
Signed by [insert authorized signature for the Purchaser] (for the Purchaser)
Signed by [insert authorized signature for the Supplier] (for the Supplier)

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 Performance Security
[insert complete name and number of Contract]

To: [insert complete name of Purchaser]

WHEREAS [insert complete name of Supplier] (hereinafter “the Supplier”) has received the
notification of award for the execution of [insert identification number and name of contract]
(hereinafter “the Contract”).

AND WHEREAS it has been stipulated by you in the aforementioned Contract that the Supplier
shall furnish you with a security [insert type of security] issued by a reputable guarantor for the
sum specified therein as security for compliance with the Supplier’s performance obligations in
accordance with the Contract.

AND WHEREAS the undersigned [insert complete name of Guarantor], legally domiciled in
[insert complete address of Guarantor], (hereinafter the “Guarantor”), have agreed to give the
Supplier a security:

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of
the Supplier, up to a total of [insert currency and amount of guarantee in words and figures]
and we undertake to pay you, upon your first written demand declaring the Supplier to be in
default under the Contract, without cavil or argument, any sum or sums within the limits of
[insert currency and amount of guarantee in words and figures] as aforesaid, without your
needing to prove or to show grounds or reasons for your demand or the sum specified therein.

This security is valid until the [insert day, month, year].

Name: [insert complete name of person signing the Security]

In the capacity of: [insert legal capacity of person signing the Security]

Signed: [insert signature of person whose name and capacity are shown above]

Duly authorized to sign the security for and on behalf of: [insert seal and complete name of
Guarantor]

Date: [insert date of signing]

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 Advance Payment Security

[insert complete name and number of Contract]

To: [insert complete name of Purchaser]

In accordance with the payment provision included in the Contract, in relation to advance
payments, [insert complete name of Supplier] (hereinafter called “the Supplier”) shall deposit
with the Purchaser a security consisting of [indicate type of security], to guarantee its proper
and faithful performance of the obligations imposed by said Clause of the Contract, in the
amount of [insert currency and amount of guarantee in words and figures].

We, the undersigned [insert complete name of Guarantor], legally domiciled in [insert full
address of Guarantor] (hereinafter “the Guarantor”), as instructed by the Supplier, agree
unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the
payment to the Purchaser on its first demand without whatsoever right of objection on our part
and without its first claim to the Supplier, in the amount not exceeding [insert currency and
amount of guarantee in words and figures].

This security shall remain valid and in full effect from the date of the advance payment being
received by the Supplier under the Contract until [(insert day, month, year) Contract
completion date may be a basis for this date].

Name: [insert complete name of person signing the Security]

In the capacity of: [insert legal capacity of person signing the Security]

Signed: [insert signature of person whose name and capacity are shown above]

Duly authorized to sign the security for and on behalf of: [insert seal and complete name of
Guarantor]

Date: [insert date of signing]

112