E- Bidding Document

For

The Procurement, Supply and Installation of

Medical Equipment

National Competitive Bidding (NCB)

IFB No.: RM/NCB/Goods/02/077-78

Issued by:
Ratnanagar Municipality, Ratnanagar (Chitwan), Bagmati, Nepal
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
GoN ..................... 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
Table of Contents

Invitation for Bids

PART 1 – Bidding Procedures

Section I. Instructions to Bidders.................................................................................... 6
Section II. Bid Data Sheet .............................................................................................. 28
Section III. Evaluation and Qualification Criteria ..................................................... 34
Section IV. Bidding Forms ............................................................................................ 38

PART 2 – Supply Requirements

Section V. Schedule of Requirements ........................................................................... 52

PART 3 – Conditions of Contract and Contract Forms

Section VI. General Conditions of Contract ................................................................ 58
Section VII. Special Conditions of Contract ................................................................ 75
Section VIII. Contract Forms ....................................................................................... 82
 Ratnanagar Municipality, Ratnanagar (Chitwan), Bagmati, Nepal

Invitation for Bids

Invitation for Bids for the the Procurement, Supply and Installation of Medical Equipment

Contract Identification No: RM/NCB/Goods/02/077-78

Second Date of publication: 27th June 2021 (2078/03/13)

1. Ratnanagar Municipality, Office of Municipal Executive invites electronic bids from eligible bidders for the
procurement, supply and installation of Medical Equipment under National competitive bidding procedures
specified in Public Procurement Act and Regulations.
2. Eligible Bidders may obtain further information and inspect the bidding documents at Office of Ratnanagar
Municipality, Ratnanagar (Chitwan), Bagmati, Nepal, or may visit PPMO egp system www.bolpatra.gov.np/egp
3. Bidder should submit their bid electronically by downloading 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 in the following Rajaswa (revenue) account as specified below .
Information to deposit the cost of bidding document in Bank:
Name of Office: Ratnanagar Municipality, Bakulahar, Chitwan
Account Name: RATNANAGAR NA.PA. (GA-1-1)- AANTARIK
Office Account no.: 1830100301010003
Cost of Bidding Document: NRs. 3000.
4. Electronic bids must be submitted through PPMO‟s e-GP system www.bolpatra.gov.np/egp on or before 12:00
PM of 5th July 2021. Bids received after this deadline will be rejected.
5. The bids will be opened in the presence of Bidders' representatives who choose to attend at 5th July 2021, 1:00
PM at Office of Ratnanagar Municipality, Ratnanagar (Chitwan), Bagmati, Nepal. Bids must be valid for a
period 120 days from the date of bid opening and must be accompanied by scanned copy of the bid security in
pdf format of e-bid, amounting to a minimum of NRs.2,10,000.00 (Two lakh Ten Thousand only) which shall
be valid for 30 days beyond the validity period of the bid.
6. If the last date of pruchase 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 security shall remain the same as specified
for the original last date of bid submision.
7. The purchaser reserve the right to accept or reject, wholly, partly any or all bid documents without assigning any
reasons, whatsoever. In case of discrepancies or error in bid notice or any other documents purchaser reserve the
right to amend or correct any time.

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 Section I. Instructions to Bidders

Table of Contents

A. General 6
1. Scope of Bid 6
2. Source of Funds 6
3. Fraud and Corruption 6
4. Eligible Bidders 9
5. Eligible Goods and Related Services 10
6. Site Visit 10
B. Contents of Bidding Document 11
7. Sections of the Bidding Document 11
8. Clarification of Bidding Document/Pre-bid meeting 12
9. Amendment of Bidding Document 12
C. Preparation of Bids 12
10. Cost of Bidding 12
11. Language of Bid 12
12. Documents Comprising the Bid 13
13. Bid Submission Letter and Price Schedules 13
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 17
D. Submission and Opening of Bids 18
23. Sealing and Marking of Bids 18
24. Deadline for Submission of Bids 18
25. Late Bids 18
26. Withdrawal, or Modification of Bids 18
27. Bid Opening 18
E. Evaluation and Comparison of Bids 19
28. Confidentiality 20

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29. Clarification of Bids 20
30. Deviations, Reservations, and Omissions 21
31. Determination of Responsiveness 21
32. Non-material Non-conformi-ties 22
33. Correction of Arithmetical Errors 22
34. Goods manufactured in Nepal to be produced 23
35. Evaluation and Comparison of Bids 23
36. Post-qualification of the Bidder 23
37. Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids 23
F. Award of Contract 24
38. Award Criteria 24
39. Purchaser’s Right to Vary Quantities at Time of Award 24
40. Notification of Intention to Award 24
41. Performance Security 24
42. Signing of Contract 25
43. Complaint and Review 25
44. Publication of contract award notice 26
45. Provision of PPA and PPR 27

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 Section I. Instructions to Bidders

A. General
1. Scope of Bid 1.1 The Purchaser 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 and
identification of contracts 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.
2.3 Public Entity's Resources Funded.

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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
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 obstructive practices or other integrity violations in competing for
the contract;
(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

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 contract.
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 28.3.

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 4.4) 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

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 execution.
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.
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.
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
(a) by an act of compliance with a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the
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 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 origin of goods and services is distinct from the nationality of the
Bidder.

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.
6.2 The Bidder should ensure that the Purchaser is informed of the visit in
adequate time to allow it to make appropriate arrangements.

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 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
8. Clarification of 8.1 A prospective Bidder requiring any clarification of the Bidding

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 Bidding Document shall contact the Purchaser in writing at the Purchaser’s
Document/Pre- address indicated in the BDS. The Purchaser will respond in writing
bid meeting 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 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. Such Addendum
notice shall also be published in the National newspaper.
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 Bidding 10.1 The Bidder shall bear all costs associated with the preparation and
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.

11. Language of 11.1 The Bid, as well as all correspondence and documents relating to the
Bid 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
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 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) Bid Submission Letter 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, 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. Bid Submission 13.1 The Bidder shall submit the Bid Submission Letter using the form
Letter and furnished in Section IV, Bidding Forms. This form must be
Price Schedules completed without any alterations to its format, and no substitutes
shall be accepted. All blank spaces shall be filled in with the
information requested.
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.

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15. Bid Prices and 15.1 The Bidder shall complete the appropriate Price Schedule and the
Discounts 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.
15.2 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. 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
32.3
15.3 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 31. 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.
15.4 The Bidder's separation of price components in accordance with ITB
15.1 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.
15.5 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 methodology
for its application shall be provided in bid submission letter.

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

Bid

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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 Bid Submission
of the Bidder Letter, 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 BDS.

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 Conformity documentary evidence that the Goods and Related Services conform
of the Goods to the requirements specified in Section V, Supply Requirements.
and Related
Services to the 18.2 The documentary evidence may be in the form of literature, drawings
Bidding or data, and shall consist of a detailed item-by-item description of
Document the essential technical and performance characteristics of the Goods
and Related Services, demonstrating substantial responsiveness of
the 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 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 qualifications to perform
Establishing the contract, if its bid is accepted, shall establish to the Purchaser’s
the satisfaction that the Bidder meets each of the qualification criterion
Qualifications specified in Section III, Evaluation and Qualification Criteria.
of the Bidder
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

14
 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,
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",
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. A bid valid
Bids for a shorter period shall be rejected by the purchaser as
nonresponsive.
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

15
 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.
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

using the Bid Security Form included in Section IV, Bidding Forms.
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. This shall also apply if the period
for bid validity is extended.
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.
21.3 If a bid Security is required in accordance with ITB 21.1, any Bid not
accompanied by an enforceable and 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 furnishing of the signed Contract Agreement and the
Performance Security pursuant to ITB 42.
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

16
 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 41.1;

(ii) sign the Contract in accordance with ITB 42.1; or

(iii) accept the correction of arithmetical errors pursuant to

clause 33.

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).

22. Format and 22.1 The Bidder shall prepare bid as described in ITB 12 and shall be
Signing of Bid 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.
22.2 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

17
 Marking of electronic or by mail/ by hand/ by courier. Bidders submitting bids
Bids electronically shall follow the electronic bid submission procedures
specified in the BDS.
23.2 Bidders submitting bids by mail or 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.” These envelopes containing the
original and the copies shall then be enclosed in one single
envelope. The rest of the procedure shall be in accordance with ITB
23.2.1 and 23.2.2.
23.2.1 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 23.1; and
(c) bear a warning "NOT TO OPEN BEFORE THE TIME AND
DATE FOR BID OPENING".
23.2.2 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
Submission of than the date and time indicated in the BDS. In case of e-
Bids submission, the 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.

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.

18
26. Withdrawal, or 26.1 A bidder may withdraw, or modify its bid after it has been submitted
Modification of either in hard copy or by e-Submission. Procedures for withdrawal
Bids or modification of submitted bids are as follows:
(i) Bids submitted in hard Copy
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 20.2 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 20 and ITB
21,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.
ii) E-submitted bids.
26.1 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 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.

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.

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

19
 bid document by procuring entity.

27.Bid Opening 27.1 The Purchaser’s bid opening committee shall conduct the bid opening
in public in the presence of bidder or its representative who choose to
attend at the address, date and time specified in the BDS. The
opening committee shall download the e-submitted bid files. The e-
procurement system allows the Purchaser to download the e-
submitted bid files (report) only after bid opening date and time after
login simultaneously by two members of the Bid opening committee.
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.
27.2 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
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. 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.
27.3 All other envelopes shall be opened one at a time, and the following
read out and recorded: the name of the Bidder and whether there is a
modification; the Bid Prices (per lot if applicable), any discounts and
alternative offers; the presence of a Bid Security, if required; if there
is discrepancy between figure and words, description of such
discrepancy; whether the bid form is signed by the bidder or his
agent; 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

20
 with ITB 25.1.
27.4 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 on line 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
post-qualification of Bids, 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 40.1.
28.2 Any attempt by a Bidder to influence the Purchaser in the
examination, evaluation, comparison, and post-qualification of the
Bids or Contract award decisions may result in the rejection of its
Bid.
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, comparison and post-

Bids qualification of the 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 33.

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30.Deviations, 30.1 During the evaluation of bids, the following definitions apply:
Reservations,
and Omissions (a) “Deviation” is a departure from the requirements specified in
the 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.Determination of 31.1 The Purchaser’s determination of the responsiveness of a Bid is to be

Responsiveness based on the contents of the Bid itself, as defined in ITB 12.
31.2 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,
(d) 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
(e) if rectified, would unfairly affect the competitive position of
other Bidders presenting substantially responsive bids.
31.3 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.

31.4 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

22
 from Government of Nepal.

32.Non-material 32.1 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.
32.2 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.
32.3 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.
32.4 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.
32.5 If the value is found fifteen percent more than the quoted amount of
the bidder on account of small differences pursuant to ITB 32.4,
such bid shall be considered irresponsive in substance and shall not
be considered for evaluation.

33.Correction of 33.1 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;

23
 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; and
c) 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.
33.2 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.

34. Goods 34.1 If the price of goods manufactured in Nepal, are higher up to fifteen
manufactured in percent than that of manufactured in foreign countries, the goods
Nepal to be manufactured in Nepal shall be prefered in the evaluation of the
procured Bids.
34.2 for granting such preference pursuant to 34.1, 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.
34.3 In case of granting preference, the bid shall be compared (for bid
comparison only) by adding an amount equal to 15 percent of the
bid price of the such Goods manufactured in Nepal to the bid price
of Goods manufacture outside Nepal and lowest evaluated bid shall
be determined.

35.Evaluation and 35.1 The Purchaser shall evaluate and compare each Bid that has been
Comparison of determined, up to this stage of the evaluation, to be substantially
Bids responsive.
35.2 To evaluate a Bid, the Purchaser shall only use all the criteria and
methodologies defined in this Clause and in Section III, Evaluation
and Qualification Criteria. No other criteria or methodology shall be
permitted.

35.3 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.

36.Post- 36.1 The Purchaser shall determine to its satisfaction whether the Bidder

24
 qualification of that is selected as having submitted the lowest evaluated and
the Bidder substantially responsive Bid is qualified to perform the Contract
satisfactorily.
36.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications submitted by
the Bidder, pursuant to ITB 19.
36.3 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 of that Bidder’s capabilities to perform satisfactorily.
37.Purchaser’s 37.1 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
38.1 The Purchaser shall select to award the Contract to the Bidder whose
offer has been determined to be the lowest evaluated Bid and is
38.Award Criteria substantially responsive to the Bidding Document, provided further
that the Bidder is determined to be qualified to perform the Contract
satisfactorily.

39.Purchaser’s 39.1 At the time the Contract is awarded, the Purchaser reserves the right
Right to Vary to 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.

40.Notification of 40.1 The Purchaser shall notify the concerned Bidder whose bid has been
Intention to selected in accordance with ITB 38.1 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.
40.2 If no bidder submits an application pursuant to ITB 43.1 within a period
of seven days of providing the notice under ITB 40.1 the Purchaser
shall accept the bid selected in accordance with ITB 38.1 prior to the
expiry of bid validity period, and notification of award shall be
25
 communicated to the bidder to furnish the performance security and
sign the contract within fifteen days.
40.3 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.

41.Performance 41.1 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, using for that purpose the Performance Security
Form 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.

41.2 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 may 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.
42. Signing of 42.1 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 41.

42.2 At the same time, the Purchaser shall also notify all other Bidders of the
results of the bidding, and shall publish in an English/Nepali language
newspaper or well-known and freely accessible website the results
identifying the bid and lot numbers and the following information: (i)

26
 name of each Bidder who submitted a Bid; (ii) bid prices as read out at
Bid Opening; (iii) name and evaluated prices of each Bid; (iv) name of
bidders whose bids were rejected and the reasons for their rejection; and
(v) name of the winning Bidder, and the Price it offered, as well as the
duration and summary scope of the Contract awarded.

43.Complaint and 43.1 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.

43.2 An application filed after the deadline pursuant ITB 43.1 shall not be
processed.

43.3 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 43.1:
(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.

43.4 If the Bidder is not satisfied with the decision of the Public Entity in
accordance with ITB 43.3, or the decision by the Public Entity is not
given within five (5) days of receipt of application pursuant to ITB
43.1, 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 43.3. The application may be sent
by hand, or by post, or by courier, or by electronic media at the risk
of the Bidder itself.

43.5 Late application filed after the deadline pursuant to ITB 43.4 shall
not be processed.

43.6 Within three (3) days of the receipt of application from the Bidder,
pursuant to ITB 43.4, the Review Committee shall notify the
27
 concerning Public Entity of the Purchaser to furnish its procurement
proceedings and comments on the issue, pursuant to ITB 43.3.

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

43.8 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
43.4.

43.9 The Bidder, filing application pursuant to ITB 43.4, shall have to
furnish a cash amount or Bank guarantee 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 43.4. Application filed without
furnishing the security deposit shall not be processed.

43.10 If the claim made by the Bidder pursuant to ITB 43.4 is justified, the
Review Committee shall have to return the security deposit to the
applicant, pursuant to ITB 43.9, within seven (7) days of such
decision made.

43.11 If the claim made by the Bidder pursuant to ITB 43.4 is rejected by
the Review Committee, the security deposit submitted by the
Bidder pursuant to ITB 43.9 shall be forfeited.

44. Publication of 44.1 Within three days of contract signing, the Public Entity shall publish a
contract award notice on the contract award with following information:in its notice
notice board as well as shall manage to publish the notice on the notice board
of District Coordination Committee, District Administration
Office, Provincial Treasury and Controller Office and District
Treasury and Controller Office., Such notice shall also be posted
in its website and PPMO’s website.
a. name of the procurement,
b. IFB number,
c. date and name of newspaper published the IFB notice,
d. name of the successful Bidder, and the contract price.
44.2 The Purchaser shall promptly respond in writing to any unsuccessful
Bidder who, within thirty days from the date of publication of contract
award notice in accordance with ITB 44.1, requests in writing the

28
 grounds on which its bid was not selected.

45.Provision of PPA 45.1 If any provision of this document are inconsistent with Public
and PPR Procurement Act (PPA), 2063 or Public Procurement Regulations
(PPR), 2064, the provision of this documents shall be void to the
extent of such inconsistency and the provision of PPA and PPR shall
prevail.

29
 Section II. Bid Data Sheet
A. Introduction
ITB 1.1 Name of the Purchaser: OFFICE OF RATNANAGAR MUNICIPALITY,
RATNANAGAR (CHITWAN), NEPAL, OFFICE OF
RATNANAGAR MUNICIPALITY, RATNANAGAR (CHITWAN),
NEPAL
ITB 1.1 Name and Identification number of the Contracts:
Procurement, Supply and installation of Medical Equipment
Contract Identification No: RM/NCB/Goods/02/077-78
ITB 2.1 Source of Fund: GoN Funded
ITB 4.1 Bidders from the following countries are not eligible: Not Applicable

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

 shall submit Not Applicable
 shall declare to submit at the time of contract agreement Not
Applicable
ITB 5.1 Goods and related services to be supplied from following countries are not
eligible:Not Applicable
B. Bidding Document
ITB 8.1 For clarification purposes only, the Purchaser’s address is:
Attention: CHIEF ADMINISTRATIVE OFFICER
Name of the Purchaser: OFFICE OF RATNANAGAR MUNICIPALITY,
RATNANAGAR (CHITWAN), NEPAL
City/Town: RATNANAGAR, CHITWAN
District: CHITWAN
Country:Nepal
Telephone: +977-056-560529,056-560506,056-562436
Electronic Mail Address: ratna.municipal@gmail.com
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.
If a Pre-Bid meeting will take place, it will be at the following date, time

30
 and place:
NA
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(s) (Such authorization letter shall be
furnished in accordance to the sample format of bid document).
ii. Detailed Technical Specifications / Catalogues / Leaflet etc., including
performance curve and operating characteristics. (All such technical
catalogues, charts etc. must be manufacturer’s standard publications,
without any alterations).
iii. Statement and disclosure of local agent (if any), A local agent bidding
on behalf of the Supplier shall also furnish Agency registration, VAT
registration and Income tax clearance / Submission certificates.
ITB 14.1 Alternative Bids are not permitted.
ITB 15.3 The prices quoted by the Bidder shall be: Fixed
ITB 17.1 (c) The Bidders shall submit:
 Copy of Firm Registration Certificate
 Copy of Business Registration Certificate
 Copy of VAT and PAN Registration Certificate,
 Tax Clearance Certificate/Tax return submission evidence/evidence of time
extension for the F/Y 2076/77
 Letter of Authorization.

ITB 19.2 Manufacturer Authorization: Required

ITB 19.3 n/a
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
2,10,000.00 ( Two Lakh Ten Thousand) ], 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 Rastriya Banijya Bank, Ratnanagar branch in the
RATNANAGAR NA.PA. (GA-3)- DHARAUTI AC: 1830100303000003 on

31
 behalf of OFFICE OF RATNANAGAR MUNICIPALITY, RATNANAGAR
(CHITWAN), NEPAL, and submit the receipt of the deposited amount of
cash along with the bid.
ITB 22.1 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 23.1 If the bidders shall have electronically option them insert a description of the
electronic bidding submission prcedure othrtwise delete the procedure.
(a) If bidders submit their bids electronically, the electronic bidding
submission procedures shall be: 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
Purchaser'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 bids using data and documents maintained in
bidder’s profile and forms/format provided in bidding document by
Purchaser. 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

32
 obtained through the confirmation link sent to the registered email
address and the partners shall have to acknowledge their confirmation.
The required forms and documents shall be part of bids.
No. Document Requirement Remarks

1. Letter of Bid Mandatory PDF

2. Bid Security Mandatory PDF

3. Company registration Mandatory PDF

4. VAT registration Mandatory for PDF

domestic bidders
5. Business Registration if required, PDF
Certificate Mandatory
6. Tax clearances Mandatory for PDF
certificate or evidence of domestic bidders
tax return submission or
extension of time for F/Y
2076-77.
7. Power of Attorney of Mandatory PDF
Bid signatory
8. Bank Voucher for cost of Mandatory PDF
bid document
9. Joint venture agreement Mandatory in case PDF
of JV Bid
10. Completed Price Mandatory PDF or Web
Schedule Forms

11. Qualification Documents Mandatory PDF

12. Technical specifications Mandatory PDF or Web

Forms
13. Delivery and Completion Mandatory PDF or Web
Schedule Forms

14. Additional Documents If applicable PDF

specified in ITB 12.1 (h)
15. Letter of Authorization. Mandatory PDF

viii. 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.
ix. 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

33
 bid.
x. 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 Purchaser 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.
ITB 24.1 For bid query purposes only, the Purchaser’s address is: OFFICE OF
RATNANAGAR MUNICIPALITY, RATNANAGAR (CHITWAN), NEPAL
ITB 24.1 The deadline for bid submission is: As per Notice.
Date:As per ‘invitation to bids’
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 and time :
As per Notice.

ITB 27.1 If electronic bid submission is permitted in accordance with ITB 23.1, the
specific bid opening procedures shall be:
The e-procurement system allows the Purchaser to download the e-
submitted bid files (report) only after bid opening date and time after
login simultaneously by two members of the Bid opening committee.

E. Evaluation and Comparison of Bids

F. Award of Contract
ITB 39.1 The maximum percentage by which quantities may be increased is: 15%
The maximum percentage by which quantities may be decreased is: 15%
ITB 43.3 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)

34
ITB 43.9 The bidder,filling application pursuant to ITB 43.4,shall have to furnih a
cash amount ot Bank guarantee equal to 1 % of its bid price

35
 Section II. Evaluation and Qualification Criteria
Evaluation Criteria
Criteria for Bid evaluation are to be determined case by case basis. Select as appropriate from
criteria listed in ITB 35.2. Retain only the evaluation method to apply and the relevant
parameters in ITB 35.2 corresponding to the retained criteria.

a) Delivery schedule : Relevant parameters of delivery :

(i) Earliest:…………………………………….
(ii) Acceptable:…………………………………….
(iii) Final:…………………………………….
[Specify relevant parameters, if any required.]
No credit will be given to deliveries before the earliest date, and bids offering
delivery after the final date shall be treated as non responsive. Within this
acceptable period, an adjustment of 0.05 percent of the bid price per day will be
added, for evaluation purposes only, to the bid price of bids offering deliveries
later than the “Earliest Delivery Date”
b) Reduction in Bid Price for
Deviation in payment schedule: [enter by application of annual interest rate]
c) Cost of spare parts: NRs…………………………..[in total]
Initial year of operation is: 2 years
List of items required is annexed to the technical Specifications.
d) Spare parts and after sales service facilities …….:
[Insert……Minimum service facilities and parts inventories or reference to the
Technical Specifications.]
e) Operating and maintenance costs.
Factors for calculation of the life cycle cost:
i. number of years for life cycle [it is recommended that the life cycle period
should not exceed the usual period before a planned major overhaul of
the goods];
ii. operating costs [e.g., fuel and/or other input, unit cost, and annual and
total operational requirements];
iii. maintenance costs [e.g., spare parts—without duplication of spare parts
mentioned above in (d) requirements—and/or other inputs]; and
iv. rate, as a percentage, to be used to discount all annual future costs calculated
under (ii) and (iii) above to present value.
Or,
Reference to the methodology specified in the Technical Specifications or
elsewhere in the Procurement documents.
[The contractual liquidated damages specified in the SCC shall be higher than
the evaluation advantage.]

36
 Qualification Criteria

a) The offered Processing Equipment and Dryer shall be latest and in current production for
a minimum of TWO years. If the offered model is a new, the manufacturer must have
experience in producing the similar model for a minimum of ONE years.

b) The Bidder shall have a minimum of last 5 years overall experience in the supply of Goods
and related services.
c) Bids submitted by an agent other than the manufacturer shall be accompanied by a letter from
the manufacturer stating that the Bidder is the authorized agent of the said manufacturer for this
bid. The letter of authorization should clearly state the extent of power delegated to such agent
with respect to price quotation and negotiation. The principal / manufacturer is bound to honour
any commitment of whatever nature made by his agent so authorized on behalf of his principal.

d) The Bidder is required to state clearly the specifications of his proposed good alternatives, if
any. Compliance with or variation from the buyer’s requirement of the technical specifications
shall be duly filled in and signed in the offered specification column of the technical
Specification supported by relevant Technical Catalogues/ Leaflets.
e) Any additional terms and conditions contradictory to those stipulated in the bid document and
which might involve hidden additional financial liabilities on the Purchaser’s side shall not be
included.

f) The bidder shall submit a list of standard Accessories and cost of such accessories should be
included in bid price.

g) No bid will be considered if the offered quantity is different from that specified in the
Technical Specifications.

h) The Bidder must sign the Bid Form, Bid Data Sheet and the Price Schedules of the Bid
Document. Any erasures or change shall be initiated by the person signing the Bid.

i) An agent can submit bids on behalf of more than one manufacturer but separate complete bids
including bid security shall be submitted for each manufacturer.

j) The bidder must provide documentary evidence that they have supplied at least 50 number of
Processing Equipment and Dryer of same brand in last 3 years.
k) The bidder must provide the Audit report of last 3 years with positive net-worth statement.

37
l) The bidder must provide the financial source for his/her company/firm for the completion of
the work.
m) The bidder must provide average annual turnover for the last 3 years.
n) The bidder must provide documentary evidence that they have been providing after sales
service with 3S (Sales, service and spares) Facility.
o) The bidder must provide authorized test reports of the offered model along with the bid.

38
 Section IV. Bidding Forms

Table of Forms

Bid Submission Form ......................................................................................................... 39

Bidder's Information Form………………………………………………………………41

Joint Venture Information Form .................................................................................... 42

Financial Situation Form ................................................................................................. 43

Average Annual Turnover Form ..................................................................................... 44

Financial Resources Form ................................................................................................ 45

Pending Litigation Form .................................................................................................. 46

Specific Experience Form ................................................................................................. 47

Price Schedule For Goods ................................................................................................. 48

Bid Security ......................................................................................................................... 49

Manufacturer’s Authorization Letter .............................................................................. 51

39
 1. Bid Submission Form

(The Bidder shall accomplish the Bid Submission Form 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 No.:
;

(b) We offer to supply in conformity with the Bidding Document and in accordance with the delivery
schedule specified in the Schedule of Requirements, the following Goods and Related Services:

(c) The total price of our Bid, excluding any discounts offered in item (d) below is:
;

(d) The discounts offered and the methodology for their application are:

(e) Our Bid shall be valid for a period of ….. [Insert 90 or 120] 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 the amount as specified in
ITB 41 for the due performance of the Contract;
(g) We are not participating, as Bidders, in more than one Bid in this bidding process, other than
alternative offers in accordance with the Bidding Document;
(h) 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

40
 (If none has been paid or is to be paid, indicate “none.”)

(i) 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.

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

(k) We declare that, we have not been black listed as per ITB 3.4 and no conflict of interest in the
proposed procurement proceedings and we have not been punished for an offense relating to the
concerned profession or business.

(l) 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

41
 2. 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. In case of joint venture, each partner shall fill the information in separate form.]

Date: ...................[insert date (as day, month and year) of Bid Submission]

Page ________ of_ ______ pages

1. Bidder’s Legal Name

2 Bidder’s Address:

3 Bidder’s Country of Registration:

4. Bidder’s Year of Registration:

5. Bidder’s Legal Address in Country of

Registration

6. Bidder’s Authorized Representative

Information:
…..Name:
Address:
Telephone/Fax numbers:

Email Address

7 Bidder’s Telephone/Fax numbers:

8 Bidder’s Email Address:

42
 3. Joint Venture Information Form
Lead Name of the Lead Partner in Joint Venture:
Partner

Place of Firm Registration:

Place of Business Registration:

Percentage of Partnership:
Partner Name of the Partner in Joint Venture:

Place of Firm Registration:

Place of Business Registration:

Percentage of Partnership:
Partner Name of the Partner in Joint Venture:

Place of Firm Registration:

Place of Business Registration:

Percentage of Partnership:

Name of the partner authorized to sign the

Bid:

43
 4. Financial Situation Form

Financial Data for Previous 3 Years (in NRs)

Year 1: Year 2: Year 3:

Information from Balance Sheet

Total Assets

Total Liabilities

Net Worth

Current Assets

Current Liabilities

Information from Income Statement

Total Revenues

Profits Before Taxes

Profits After Taxes

 Attached are copies of financial statements (balance sheets including all related notes, and income
statements) for the last three or above years, as indicated above, complying with the following
conditions?

 Historic financial statements must be audited by a certified accountant.

 Historic financial statements must be complete, including all notes to the financial statements.

 Historic financial statements must correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).

44
 5. Average Annual Turnover Form
The information supplied should be the Annual Turnover of the Bidder in terms of the amounts billed to
clients for each year for work in progress or completed to NRs at the end of the period reported.

Annual Turnover Data for the Last …… Years

Amount
Year
(in NRs)

Average Annual Turnover

45
 6. Financial Resources Form

Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and
other financial means, available to meet the total cash flow requirements of the subject contract

Financial Resources

No. Source of financing Amount (in NRS)

Note : If Bidder's proposed source of financing is Line of Credits, the letter from the
Bank must be in the prescribed format and stated details/terms and conditions as per
the Bid Forms “Letter of Commitment for Bank’s Undertaking for Line of Credit”

46
 7. Pending Litigation Form

Each Bidder or member of a JV must fill in this form

Value of
Value of Pending
Year Matter in Dispute Pending Claim as a
Claim in NRs Percentage of
Net Worth

47
 8. Specific Experience Form
Bidder’s Legal Name: ___________________________ Date: _____________________
IFB No.:
Page _______ of _______ pages

Similar Contract Information

Contract Identification _______________________________________
Award date _______________________________________
Completion date _______________________________________

Total Contract amount __________________________ Currency____

Description of the contract performed by
the Bidder
If partner in a JV or subcontractor,
specify participation of total Contract __________% _____________ Currency____
amount
Purchaser’s Name: _______________________________________
Purchaser’s Address:
Purchaser’s Telephone/fax number: _______________________________________
Purchaser’s E-mail: _______________________________________
_______________________________________
_______________________________________

The Bidder shall complete this form for each contract completed/in progress.

48
49
 Price Schedule for Goods

Name of Bidder _____________________ Invitation for Bid No.:___________

Unit price1
Total price (in
Country of Quantity(
Item Description (in NRs) NRs)
Origin Nos)
In Figure In Words (cols. 4x5)

1 ICU 2
Ventilator

2 GA 1
Machine

3 Central 1
Oxygen
Pipeline
System

Total

VAT (13%)

Grand Total( In Figure)

[If there are more than one lot/slice/package, prepare Price Schedule form for each
lot/slice/package]

Name

1
The price shall include 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.
50
In the capacity of

Signed

Duly authorized to sign the Bid for and on behalf of

Date

51
 Bid Security
[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 specified by Nepal Rastra
Bank]
[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.

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

52
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.

Name
In the capacity of
Signed

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

Date

53
 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:
IFB No.:

To:

WHEREAS___________________________________________________ who are official

manufacturers of ____________________________________________________ having factories at
_______________________________________________________________ do hereby authorize
______________________________________________ exclusively to submit a Bid in relation to the
Invitation for Bids indicated above, the purpose of which is exclusively to provide the following
Goods, manufactured by us ______________________________ and to subsequently negotiate and
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 in reply to this Invitation
for Bids.

Name

In the capacity of:

54
Signed

Duly authorized to sign the Authorization for and on behalf of

Date

55
 Section V. Schedule of Requirements

Contents

1. List of Goods and Related Services ............................................................................... 53

2. Delivery and Completion Schedule ............................................................................... 54

3. Technical Specifications ................................................................................................. 55

4. Drawings .......................................................................................................................... 56

56
 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, the Purchaser must state here
whether Bidders are permitted to submit Bids for individual lots or not. For example:

[Alternative 1. Insert: “The Goods and Related Services are grouped in lots. Bids on
individual lots are not permitted. Only Bids for all of the lots will be accepted.”]

[Alternative 2. Insert: “The Goods and Related Services are grouped in lots. Bidders
shall have the option of submitting Bids for one, any combination, or all of the lots. Lots
shall not be further sub-divided for the purpose of bidding.”]

Lot/Slice/Package No. : [if applicable]

Lot/Slice/Package Name : [if applicable]
Item No. Name of Goods or Description Unit of Quantity
Related Services Measurement

Lot/Slice/Package No. : [if applicable]

Lot/Slice/Package Name : [if applicable]
Item No. Name of Goods or Description Unit of Quantity
Related Services Measurement

Lot/Slice/Package No. : [if applicable]

Lot/Slice/Package Name : [if applicable]
Item No. Name of Goods or Description Unit of Quantity
Related Services Measurement

57
 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

Line
Item Physical Final Delivery Date
Description of Goods Quantity
unit Destination
No
1. 2 3 4 5 6
1. ICU Ventilator 2 Number Ratnanagar 10 days from the date of
Bakulahar signing the contract
Hospital,
Ratnanagar
(Chitwan),
Nepal.

2. GA Machine 1 Number Ratnanagar 10 days from the date of

Bakulahar signing the contract
Hospital,
Ratnanagar
(Chitwan),
Nepal.

3. Central oxygen 1 Number Ratnanagar 10 days from the date of

Pipeline System Bakulahar signing the contract
Hospital,
Ratnanagar
(Chitwan),
Nepal.

58
Central oxygen Unit Quantity
Pipeline System

Includes:
SUPPLY, Delivery,
FIXI NG, TESTI NG
AN D COMMISSIONI
NG OF THE
MEDICAL GRADE
COPPER PIPE,BSI
KITE MARK CERTI
FY

35 mm Meter 100
Full Automatic Set 1
Oxygen Control
Panel with f u l l
automatic swi
tchover from one
bank to other bank
of cyli nders

10+10 size of oxygen Set 1

Manifold complete
with needle frame with
chain for individual
cylinder.
Non- return valve Nos 20
Copper tail pipes. Nos 20
Washer for NRV Nos 20
Port for Air, Nos 20
Oxygen, Vaccum.

59
 3. 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.

Purchaser Requirement

60
 Technical Specification of Ventilator for adult to paediatric

S.N. Purchaser’s Specifications Bidder’s Compliance Sheet

Ventilator Yes Ref Dos Remarks
/No Page No.
Manufacturer
Brand
Type / Model
Country of Origin
1 Description of Function
1.1 A dedicated adult and paediatric ventilators for use in intensive care
unit.
2 Operational Requirements
2.1 It shall operate from the mains supply with central oxygen supply
and oxygen cylinder.
3 System Configuration
3.1 Ventilator unit, 1 unit.
3.2 Trolley, 1 unit.
3.3 Accessories, 1 set.
3.4 Air source (turbine/ Compressor/ blower) with option to operate
with air wall supply.
4 Technical Specifications
4.1 Should be a microprocessor- controlled ventilator with inbuilt in 8”
or more colour TFT screen, integrated graphics and easy to operate
4.2 Ventilator must have following modes:
- Volume control(A/C)
- Volume SIMV
- Pressure A/C
- Pressure SIMV
- CPAP and PS
4.3 Machine should also have Combination/ Dual modes like: PRVC or
APV or auto flow or similar.
4.4 Controls : Tidal volume minimum 50ml to 2000ml in volume
control mode or better
4.5 Respiratory rates 1 to 80 BPM or better
4.6 Ventilator should have flow trigger from 0.1 LPM – 20 LPM
4.7 PEEP: approximately: 0 to 35 cmH20.
4.8 Fio2 : 21 to 100%
4.9 I:E ratio 1:9 to 4:1
4.10 Inspiratory time (T1) 0.2 to 9s or better.
4.11 Pressure control 5 to 60 cmH2O or better.

61
S.N. Purchaser’s Specifications Bidder’s Compliance Sheet
4.12 Pressure Support 0 to 50 cmH2O or better.
4.13 Should have facility of manual breath, standby, apnea backup
ventilation, inspiratory hold, expiratory hold, start-up over body
height.
4.14 Ventilator should supply integrated nebulizer synchronized with
inspiratory cycle or better.
4.15 Alarms : low/high Minute volume, low/high pressure, low/high tidal
volume, low/high Rate, Apnea time, low/high oxygen, Oxygen
concentration, disconnection, loss of PEEP, exhalation obstruction,
flow sensor , power supply, batteries, gas supply etc.
4.16 Input gas source pressure: approximately 280 to 600kPa ( 41 to 87
psi)
4.17 Ventilator should work on low pressure oxygen supply.
5.0 Ventilator must have following Monitoring parameter
- Should have Graphic display of target and actual
parameters for tidal volume, frequency, pressure, and
minute ventilation
- Should have Real-time waveforms Paw, Flow, Volume
- Should have real time loops : P-V, V-Flow, P-Flow,
Volume
- Should have real time loops: P-V, V-Flow, P-Flow
- Should have both graphical and tabular trends for minimum
of 72hrs with 1 minute resolution.
- Display to PEEP Pressure
5.1 Internal rechargeable battery with minimum operating time of
atleast 60minutes full system including Air supply source.
5.2 Ventilator should have volumetric C02 monitoring facility
5.3 Ventilator should have SPO2 monitoring option facility.
5.4 Should have interface connectors USB and RJ45 as standard
6.0 Accessories, spares and consumables
6.1 All standard accessories/consumables/parts required for
the proper operation of the above item shall be included in
the offer. Bidders shall specify, in a separate Excel
Worksheet, the quantity and details of any items included in this
offer which have not been specified in this technical specifications
forms.
6.2 Each ventilator should have supply following standard accessories
- Ventilator Mobile trolley imported.
- Ventilator with all function as per specification.
- Tubing Holder set.
- Servo control auto heated humidifier with accessories.
- Air supply source from same manufacturer.
- Test bag( adult/ paediatric/ neo)
- Air and oxygen hose
- Power cable

62
S.N. Purchaser’s Specifications Bidder’s Compliance Sheet
- Flow sensor
- Patient circuit, reasonable – 1 set each.
- NIV mask, Different size – 1 set each.
- Bacteria filter - 10 pcs
7.0 Operating Environment
7.1 Power supply: 220– 240 VAC, 50Hz fitted with appropriate
plug. The power cable must be at least 3 metre in length.
8.0 Standards and Safety Requirements
8.1 Must submit ISO 13485:2003/AC:2007 for medical devices
AND
8.2 European CE and USFDA approved product certificate, self-
Declaration of CE will not be valid.
8.3 Certified to be compliant with ANS/IEC60601.2.12-01 Medical
Electrical Equipment – Part 2-12; particular requirements for
the safety of lung ventilators – critical care ventilators.
Document evidence shall be submitted for evaluation.
9.0 User Training
9.1 Must provide user training (including how to use and
maintain the equipment).
10.0 Warranty
10.1 Comprehensive warranty for 1 years from acceptance of the
Goods.
11.0 Maintenance Service During Warranty Period
11.1 During the warranty period supplier must ensure
Corrective/breakdown maintenance whenever required.
12.0 Installation and Commissioning
12.1 The bidder must arrange for the equipment to be installed
and commissioned by certified or qualified personnel; any
prerequisites for installation to be communicated to the
Purchaser in advance, in detail.
13.0 Documentation
13.1 The bidder must submit original product Brochure/ catalogue and
data sheet.
13.2 The bidder should submit a valid authorization from the
manufacturer
13.3 User (Operating) Service (Technical / Maintenance)
manual in English

63
 Technical Specification of Anaesthesia gas delivery system

S.N. Purchaser’s Specifications Bidder’s Compliance Sheet

Ventilator Yes/ Ref Docs Remarks
No Page No.
Manufacturer
Brand
Type / Model
Country of Origin
1 Description of Function
1.1 The anaesthesia machine receives medical gases from a gas suppy,
control the flow and reduces the pressure of desired gases to a safe
level, vaporizes volatile anesthetic into the final gas mixture, and
delivers the gases to a breathing circuit that is connected to the
patients airway
2 Operational Requirements
2.1 It should be capable of delivering low flow anaesthesia.

3 System Configuration

3.1 System should have spo2 and etco2 monitoring facility.

4 Technical Specifications
4.1 General
A Should have provision for delivery of Oxygen, Nitrous oxide
and medical Air
B The anesthesia machine with circle absorber, Ventilator and
Vaporiser should be from same/reputed manufacturer and
should be CE approved.
C Should have independent attachments for connecting central
gas supply and pin indexed cylinders.
D Should have Non Interchangeable pipeline hose inlet
connection to pipelines for medical Oxygen, Nitrous Oxide,
and medical AIR
E Should have large size pressure gauges, for easy visibility,
colour coded, two each for Oxygen and Nitrous oxide; One for
AIR
G Anesthesia machine frame shall be manufactured in strong
but lightweight material.
H The machine shall have a maximum of four castors/wheels for
manoeuvrability with all brake on each wheel and the option

64
S.N. Purchaser’s Specifications Bidder’s Compliance Sheet
of a central brake.
I Should have minimum two non-lockable and spacious drawers
for storing accessories
J The frame shall have compatible channels incorporated for
mounting other accessories.
K Frame shall accommodate up to two backup cylinders one
each for Oxygen and Nitrous Oxide
L Should have selector switch for selecting Open and Close
circuit operation
M The common gas outlet shall be mounted at the front of the
machine in order to be easily accessible in the event of an
emergency and for use of alternate breathing circuits
N The option for illumination of the writing table/work surface is
preferable
O The frame should have integrated power outlets to supply a
minimum of three external devices
P Should have Top shelf ,Manoeuvring handle and foot rest
Q Machine should have table top work space to keep drugs.
R The unit should have a battery back-up facility for the
ventilator in the event of power loss. Minimum 60 minutes
battery backup required.
4.2 Gas Flow
A Antistatic and Cascaded dual flow tubes should be available
for all gases (O2, N2O and AIR) to allow suitable resolution and
accurate control at low total fresh gas flows.
B The flow range shall be approximately 150ml at 10 lpm
C Should have N2O cut off facility if O2 supply fails.
D Should have Oxygen failure alarm both Visual and Audible.
E Should have Oxygen Flush facility bypassing Vaporiser. O2
flush switch should be conveniently placed for easy
accessibility. O2 flush switch should be non-lockable.
F The unit shall have a mechanical Anti-Hypoxic Device (AHD)
system to control the ratio of Oxygen and Nitrous oxide. A
completely mechanical AHD system, that requires no
electricity, is mandatory
G It shall be possible to deliver Air with only basal flow oxygen
independent of the above mentioned hypoxic control.
H Gas flow shall be controlled mechanically only

65
S.N. Purchaser’s Specifications Bidder’s Compliance Sheet
I Visual display of individual gas flows is mandatory, this shall be
by physical means such as glass flowmeters independent of
electrical power

J In the event of complete power loss and battery failure it shall

still be possible to set the fresh gas flow accurately for each
gas, manually ventilate (with bag) and continue to keep the
patient anaesthetized.
4.3 Vaporizers
A The unit should accommodate at least two vaporizers for
Anesthetic agent delivery.
B Vaporizers supplied with the unit shall be routine
maintenance free for the life of the product
C Vaporizers supplied with the unit shall be manufactured from
lightweight materials to aid in fitting and removal
D Should have an operating flow range of approximately 0.2 –
15 L/min and nominal capacity 250 ml
4.4 Ventilator
A Ventilator shall cater for a diverse range of patient groups
from neonates to adult patients with restrictive airways

B Ventilator should be Pneumatically driven and controlled

electronically
C Ventilator shall have a 7.0”or more colour TFT display, for
exclusive use of ventilator control and monitoring.
D Control of the ventilator user interface shall be by touch
screen and rotary dial
E Ventilator shall have the following ventilation abilities, volume
control (VCV), Pressure Control ventilation (PCV), SIMV-V and
SIMV-P , Spont/Pressure Support Ventilation (PSV) ,Manual
F Assisted modes of breathing shall be flow triggered.
G On power up, in the case of an emergency mechanical
ventilation shall be available without the need to carry out
user or machine self-checks
H Ventilator shall compensate for fresh gas flow and compliance
of the entire circuit.
I Should have user adjustable alarms for major parameters such
as Tidal Volume, Minute Volume,FiO2,Airway Pressure,

66
S.N. Purchaser’s Specifications Bidder’s Compliance Sheet
Frequency
J Apnea alarms must be user adjustable to allow for all
operating conditions and phases during Anesthesia
K Ventilator should have the ability to display Patient
Spirometery loop.
L Ventilator should also display waveforms for Pressure, Flow
Rate, Volume, P-V loop, F-V loop
M Ventilator shall display Compliance and Resistance
measurement
N Volume measurement shall by flow sensors for inspiratory and
expiratory breathing paths.
P Volume measurement sensors should not be disposable type.
4.5 Ventilator Parameters
A Tidal Volume - 10ml-1400 ml or more
B Frequency - 4-100bpm
C I:E Ratio -4:1 to 1:8 or more
D Inspiratory Pause - 10-60% of Ti or better
E PEEP - OFF, 3-30 cmH2O
F Pressure Limit - 5-70 cmH2O
G Minute Volume - approximately 0.5 to 60 lpm
4.6 Breathing System
A The breathing system designed so that it can be removed and
replaced as a complete unit without the use of tools
B All parts of the breathing system that are in contact with
patient gas shall be latex free and Autoclavable except for non
autoclavable removable part like O2 sensor and Pressure
manometer.
C Bag/Vent switch shall be integrated on the absorber and
should activate ventilator in vent mode and vice versa (One
step operation).
D Should have quick release canister for sodalime , capacity
minimum 1.5 litre
E The breathing system absorber canisters shall have a bypass
67
S.N. Purchaser’s Specifications Bidder’s Compliance Sheet
system to allow for canister change mid-case without loss of
ventilation pressure. The requirement for an automatic bypass
without extra input from the user is mandatory
F The ventilator bellows shall be clearly visible and be of upright
design. The bellows should ascend on expiration to provide a
quick visual indicator for assisted breathing, spontaneous
breathing and system leaks.
G Same bellows shall be used for Adult and Pediatric application
H Should have provision for FiO2 monitoring cell and FiO2 value
should be monitored on the main screen.
5 Accessories, spares and consumables
5.1 All standard accessories, consumables and parts required to operate
the equipment, including all standard tools and cleaning and
lubrication materials, to be included in the offer. Bidders must
specify the quantity of every item included in their offer (including
items not specified above).
6 Operating Environment
6.1 The system offered shall be designed to be stored and to operate
normally under the conditions of the purchaser's country. The
conditions include Power Supply, Climate, Temperature, Humidity,
etc.
6.2 Power supply: 220 – 240 VAC, 50Hz fitted with appropriate plug.
The power cable must be at least 3 metre in length.
7 Standards and Safety Requirements
7.1 Must submit ISO13485for better Medical Devices AND
7.2 Must submit CE (93/42 EEC Directives) and USFDA approved
product certificate.
8 User Training
8.1 Must provide user training (including how to use and maintain the
equipment).
9 Warranty
9.1 Comprehensive warranty for 1 years after acceptance.
10 Maintenance Service During Warranty Period
10.1 During the warranty period supplier must ensure
corrective/breakdown maintenance whenever required.
11 Installation and Commissioning
11.1 The bidder must arrange for the equipment to be installed and
commissioned by certified or qualified personnel; any prerequisites
for installation to be communicated to the purchaser in advance, in
detail.
12 Documentation
12.1 User (Operating) manual in English.
12.2 Service (Technical / Maintenance) manual in English

68
S.N. Purchaser’s Specifications Bidder’s Compliance Sheet
12.3 Must submit valid authorization
12.4 Certificate of calibration and inspection from factory.

69
 Technical Specification of medical gas pipeline equipments

S.N. Purchaser’s Specifications Bidder’s Compliance Sheet

SUPPLY, Delivery, FIXI NG, TESTI NG AN D COMMISSIONI Yes/ Ref Docs Remarks
NG OF THE MEDICAL GRADE COPPER PI PE,BSI KITE MARK No Page No.
CERTI FY

1 35 mm
2 Semi Automatic Oxygen Control Panel with
automatic swi tchover from one bank to other bank of cyli
nders

3 10+10 size of oxygen Manifold complete with needle frame with

chain for individual cylinder.
4 Non- return valve
5 Copper tail pipes.

6 Washer for NRV

7 Port for Air, Oxygen, Vaccum.

70
4. 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.

71
 Section VI. General Conditions of Contract
Table of Clauses

1. Definitions ................................................................................................................ 58
2. Contract Documents ................................................................................................. 59
3. Fraud and Corruption ............................................................................................... 59
4. Interpretation ............................................................................................................ 60
5. Language .................................................................................................................. 61
6. Joint Venture, Consortium or Association ............................................................... 61
7. Notices...................................................................................................................... 62
8. Governing Law......................................................................................................... 62
9. Settlement of Disputes ............................................................................................. 62
10. Scope of Supply ....................................................................................................... 62
11. Delivery .................................................................................................................... 62
12. Supplier’s Responsibilities ........................................................................................ 62
13. Purchaser’s Responsibilities ...................................................................................... 63
14. Contract Price ........................................................................................................... 63
15. Terms of Payment .................................................................................................... 63
16. Taxes and Duties ...................................................................................................... 63
17. Performance Security ............................................................................................... 63
18. Copyright ................................................................................................................. 64
19. Confidential Information .......................................................................................... 64
20. Subcontracting ........................................................................................................... 65
21. Specifications and Standards ................................................................................... 65
22. Packing and Documents ........................................................................................... 66
23. Insurance .................................................................................................................. 66
24. Transportation............................................................................................................ 66
25. Inspections and Tests ............................................................................................... 66
26. Liquidated Damages................................................................................................. 68
27. Warranty................................................................................................................... 68
28. Patent Indemnity ...................................................................................................... 69
29. Limitation of Liability .............................................................................................. 70
30. Change in Laws and Regulations ............................................................................. 70
31. Force Majeure .......................................................................................................... 70
32. Change Orders and Contract Amendments .............................................................. 71
33. Extensions of Time .................................................................................................. 72
34. Termination .............................................................................................................. 72

72
35. Assignment ............................................................................................................... 74

73
 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,
training and initial maintenance and other similar

74
 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”2 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;

2
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.
75
 (iii) “collusive practice”3 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”4 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, GoN 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.

4. Interpretation 4.1 If the context so requires it, singular means plural and vice

3
“parties” refers to participants in the procurement process (including public officials) attempting to establish bid
prices at artificial, non competitive levels.
4
a “party” refers to a participant in the procurement process or contract execution.
76
 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
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,

77
 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
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

78
 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
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 in Nepalese Currency.

79
 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 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.

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, unless specified otherwise in the SCC.

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.

80
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
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.

81
 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.

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 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.

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 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
Purchaser.
23. Insurance 23.1 Unless otherwise specified in the SCC, the Goods supplied
under the Contract shall be fully insured, in a freely
convertible currency against loss or damage incidental to
manufacture or acquisition, transportation, storage, and
delivery, in the manner specified in the SCC.

24. Transportation 24.1 Unless otherwise specified in the SCC, obligations for
transportation of the Goods shall be in accordance with the
Incoterms specified in Sections V, Schedule of
Requirements.

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
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 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
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
84
 specified in the SCC of the Contract Price for each week or
part thereof 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
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

85
 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
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

86
 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,
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.

87
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
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

88
 (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
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; or
(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.

89
 (iv) The purchaser may terminate the contract at any
time in the following condition incase contract is
terminated.supplier shall obliged to pay whole
amount of remaining work or supply or fulfill the
any Supplier obligation.
(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 the Purchaser for any
additional costs for such similar Goods or Related
Services. However, the Supplier shall continue
performance of the Contract to the extent not terminated.
(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

90
 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: OFFICE OF RATNANAGAR MUNICIPALITY,
RATNANAGAR (CHITWAN), NEPAL
RATNANAGAR CHITWAN)
GCC 1.1 (p) The Site is: Place of Delivery,
RATNANAGAR BAKULAHAR HOSPITAL, RATNANAGAR
(CHITWAN), NEPAL
RATNANAGAR CHITWAN)
GCC 5.1 The language shall be: English
GCC 7.1 For notices, the Purchaser’s address shall be:

OFFICE OF RATNANAGAR MUNICIPALITY, RATNANAGAR

(CHITWAN), NEPAL
RATNANAGAR CHITWAN)
Phone No: +977-056-560529,056-560506,056-562436
Email Id : : ratna.municipal@gmail.com
For notices, the Suppliers’s address shall be: [insert full name and
address of Suppliers including telephone number, facsimile number
and electronic mail address (if applicable)]
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 published by the Nepal Council of
Arbitration (NEPCA).
GCC 10.1 The scope of supply shall be defined in : See Schedule of Requirements

92
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 identifying the contents of each package;
c) Certificate of origin;
GCC 14.2 The prices charged for the Goods delivered and the Related Services
to be performed shall be fixed for the duration of the contract.
GCC 15.1 The terms of payment to be made to the Supplier under the contract
shall be as follows:

GCC 15.1 The terms of payment to be made to the Supplier under the contract
shall be as follows:

1. Payments shall be made in Nepalese Rupees in the following

manner :
On Delivery and acceptance: One Hundred (100%) percent. of the
Contract Price of the Goods and related services delivered shall be
paid within thirty (30) days of receipt of the Goods and related
services and upon submission of a claim supported by the
documents specified in GCC 11.1.

In case supplier provides bank guarantee of contract agreement

amount valid till last delivery day, advance payment of One Hundred
(100%) percent of the Contract Price of the Goods and related
services can be done after contract agreement.

93
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 inclusive of Value Added Tax.

The amount of the Performance Security shall be in Nepalese

Rupees, and shall be valid for the period of ………..[insert the
period of validity of performance security]

The performance security shall be forfeited, in case the Supplier

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

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
reputable 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 17.4 Discharge of the Performance Security shall take place: [insert (a) in
accordance with GCC Sub-Clause 17.4; or (b) indicate how the
Performance Security shall be discharged]
[For example insert: “Pursuant to GCC Sub-Clause 17.4, after
delivery and acceptance of the Goods, the performance security shall
be reduced to (specify percentage figure, i.e. 3) percent of the Contract
to cover the Supplier’s warranty obligations in accordance with GCC
Clause 27.3.”]

94
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 24.1 Obligations for transportation of the Goods shall be in accordance with:

[indicate whether the responsibility for transportation shall be in accordance with

Incotems or other trade terms, such as “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.]

GCC 25.2 Tests and Inspections specified in Section V, Schedule of

Requirements, shall be carried out at the following place: OFFICE OF
RATNANAGAR MUNICIPALITY, RATNANAGAR (CHITWAN),
NEPAL RATNANAGAR CHITWAN)
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.

95
GCC 27.3 The period of validity of the Warranty shall be: Minimum of One year after
acceptance.

GCC 27.5 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

96
 Section VIII. Contract Forms

Table of Forms

Letter of Intent …………………………………………………………………………….83

Letter of Acceptance………………………………………………………………………..84

Agreement Form .................................................................................................................. 85

Performance Security .......................................................................................................... 86

Advance Payment Security .................................................................................................. 87

97
 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]

98
 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:

99
 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)

100
 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]

101
 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]

102