Islamic Republic of Afghanistan
Afghan Post State enterpriseInternational Competitive Bidding (ICB)
Standard Bidding Documents for Procurement ofGoods

Procurement of Operational equipment to Improve theQuality of Postal Services

Entity Add: Mohamad Jan khan wat Afghan post central office
Bidding RFE No.: Afghanpost/1400/G-2439
Budget: {AFG 200306}
Number of Lots: 1
Issue Date:1 June 2021

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

PrefaceThis Standard Bidding Documents was prepared, by NPA, in line with similar
standard Bidding Documents used by multi-lateral international developing
institutions, and shall be used by procuring entities for the procurement ofGoods financed through public fund1 using procurement methods; Open
Bidding, Restricted Bidding and Single-source procurement.
This document has been prepared in the light of the provisions of the
Procurement Law and Rules of Procedure, and in case of any differences
between the provisions of this bidding document and those of the Procurement
Law and Rules of Procedure, preference shall be given to the Procurement Law
and Rule of Procedure.
On introduction of this Standard Bidding Document for use, the Standard
Bidding Document for Procurement of Goods attached with circular number(PPU/C016/1386, issued by Procurement Policy Unit (PPU) of the Ministry of
Finance (MoF) shall be nullified and unusable.
Compliant to the provisions of article 4.2 of the Procurement Law, procuring
entities can use Standard Bidding Documents (SBD) of concerning donor
agencies in procurements financed by the agencies.
Copies of this Bidding Document shall be obtained from the following
locations:
Office of the Administrative Affairs of the President
National Procurement Authority
Procurement Policy Directorate
Kabul, Afghanistan
www.npa.gov.af

Table of Contents

1

Public Fund refers to the money or other financial assets and revenues of the procuring entity prescribedin article 8th of the Law on Management of Financial Affairs and Public Expenditures, and shall include
any financial resources available to the entity through budget process, as well as, other budgetary funds
comprising grants and cash donations put to the disposal of the entity.

1National Procurement Authority – Standard Bidding Documents for Procurement of Goods

Part One:

Bidding procedures

SECTION 1

INSTRUCTION TO BIDDERS (ITB)SECTION 2

BIDDING DATA SHEET (BDS)SECTION 3

EVALUATION AND QUALIFICATION CRITERIASECTION 4

BIDDING FORMS

Part Two:

Requirements

SECTION 5

SCHEDULES OF REQUIREMENTS

Part Three: Contract
SECTION 6

GENERAL CONDITIONS OF CONTRACT (GCC)

SECTION 7

SPECIAL CONDITIONS OF CONTRACT (SCC)

SECTION 8

CONTRACT FORMS

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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

ACRONYMS

BDS
BRT
GCC
GoA
ITB
JV
MOF
NOT
NOT/G
NPA
NPC
SCC
SBD
TIN
TS

Bidding Data Sheet
Business Receipt Tax
General Conditions of Contract
Government of Afghanistan
Instruction to Bidders
Joint Venture
Ministry of Finance
National Open Tender
National Open Tender for the procurement of Goods
National Procurement Authority
National Procurement Committee
Special Conditions of Contract
Standard Bidding Documents
Tax Identification Number
Technical Specifications

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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

SECTION 1

INSTRUCTION TO BIDDERS
A.

1. Scope of the
Bid

GENERAL

1.1

The Entity issues these Bidding Documents for the supply of Goods, andRelated Services incidental thereto, as specified in Section 5 Schedule ofRequirements. The name and identification number of this Tender are
specified in the BDS. The name, identification, and number of lots areprovided in the BDS.

1.2

Throughout these Bidding Documents:(a)the term “IN WRITING” means communicated in written form
(e.g. by email, fax, telex) with proof of receipt;(b)

if the context so requires, “SINGULAR” means “PLURAL” andvice versa; and(c)“DAY” means calendar day.

2. Source of
Funds

2.1

The Entity guarantees that adequate public funds have been budgeted
and allotted and are also available for managing the procurement
proceedings toward the cost of the project. The Entity intends toapply a portion of the public funds to eligible payments under thecontract for which this Bidding Documents are issued. “PUBLICFUNDS” defines any monetary resources appropriated to procuring
entities under Government budget, or revenues generated by statutory
bodies and corporations or aid grants and credits put at the disposal of
procuring entities by the development partners through theGovernment.

3. Fraud andCorruption

3.1

It is require that Entity, as well as Bidders, Suppliers, and Contractors
and their subcontractors under Government-financed contracts, mustobserve the highest standard of ethics during the procurement andexecution of such contracts. In pursuance of that, the terms set forth asfollows:(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” is any act or omission, including amisrepresentation, that knowingly or recklessly misleads, or attempts
to mislead, a partyto obtain a financial or other benefit or to avoid an
obligation;(iii) “collusive practice” 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” is impairing or harming, or threatening to impair
or harm, directly or indirectly, any party or the property of the party

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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

to influence improperly the actions of a party;(v) ““obstructive practice” is deliberately destroying, falsifying, alteringor concealing of evidence material to the investigation or making
false statements to investigators in order to materially impede aGovernment 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 ofmatters relevant to the investigation or from pursuing theinvestigation; or acts intended to materially impede the exercise of
the Government’s inspection and audit rights.
3.2 will reject a proposal for award if it determines that the Bidder
recommended for award has, directly or through an agent, engaged incorrupt, fraudulent, collusive, coercive or obstructive practices incompeting for the contract in question;
3.3 If the Entity determines at any time that representatives of the Entity
engaged in corrupt, fraudulent, collusive, or coercive practices during the
procurement process , The Entity having taken timely and appropriate
action satisfactory to the Government to address such practices when theyoccur;
3.4 will sanction a firm, including declaring ineligible, either indefinitely or
for a stated period of time, to be awarded a Government financed contract
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 Government financed contract;
3.5 will have the right to require that a provision be included in bidding
documents and in contracts financed by the GoA, requiring Bidders,
suppliers, and contractors and their sub-contractors to permit theGovernment to inspect their accounts and records and other documents
relating to the Bid submission and contract performance and to have themaudited by auditors appointed by the Government.
4. Eligible
Bidders

4.1

A Bidder, and all parties constituting the Bidder, may have thenationality of any country, subject to the restrictions specified in BDS.
A Bidder shall be deemed to have the nationality of a country if the
Bidder is a citizen or is constituted, incorporated, or registered andoperates in conformity with the provisions of the laws of that country.
This criterion shall also apply to the determination of the nationality of
proposed subcontractors or suppliers for any part of the Contract
including Related Services.

4.2

A Bidder shall not have a conflict of interest. All Bidders found to haveconflict of interest shall be disqualified. Bidders may be considered tohave a conflict of interest with one or more parties in this bidding
process, if they are have been affiliated in the past, with a firm or any of
its affiliates which have been engaged by the Entity to provide consulting
services for the preparation of the design, specifications, and other5

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

documents to be used for the procurement of the goods to be purchased
under these Bidding Documents; or submit more than one Bid in thisbidding process, except for alternative offers permitted under ITB Clause
13.

5. Eligible
Goods and
RelatedServices

4.3

The Entity shall not sign of the contract with bidder which is debarred orhave been under debarment process. The list of debarred and underdebarment firms is available at the website of NPA, www.npa.gov.af.

4.4

Government owned enterprises shall be eligible only if they can establishthat they do not have conflict of interest.

4.5

Bidders shall provide such evidence of their continued eligibility
satisfactory to the Purchaser, as the Entity shall reasonably request.

5.1

All the Goods and Related Services to be supplied under the Contract
may have their origin in any country in accordance with specifications
made in BDS.

5.2

For purposes of this Clause, the term “GOODS” includes commodities,raw material, machinery, equipment, and industrial plants; and “RELATEDSERVICES” includes services such as insurance, installation, training, andinitial maintenance.

5.3

The term “ORIGIN” means the country where the goods have been mined,
grown, cultivated, produced, manufactured or processed; or, throughmanufacture, processing, or assembly, another commercially recognized
article results that differ substantially in its basic characteristics from its
components.
B.

6. Sections of
BiddingDocuments

6.1

CONTENTS OF BIDDING DOCUMENTS

The Bidding Documents consist of Parts 1, 2, and 3, which include all
the Sections indicated below, and should be read in conjunction with
any Addendum issued in accordance with ITB Clause 8.
PART 1

Bidding Procedures

Section 1 Instructions to Bidders (ITB)
Section 2 Bidding Data Sheet (BDS)
Section 3 Evaluation and Qualification Criteria
Section 4 Bidding Forms
PART 2

Supply Requirements

Section 5 Schedule of Requirements
PART 3Contract

Section 6 General Conditions of Contract (GCC)

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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

Section 7 Special Conditions of Contract (SCC)
Section 8 Contract Forms

7. Clarificationof Bidding
Documents

6.2

The Invitation for Bids issued by the Entity is not part of the Bidding
Documents.

6.3

The Entity is not responsible for the completeness of the Bidding
Documents and their addendum, if they were not obtained directlyfrom the Entity or though its agent as stated in the BDS.

6.4

The Bidder is expected to examine all instructions, forms, terms, andspecifications in the Bidding Documents. Failure to furnish all
information or documentation required by the Bidding Documents
may result in the rejection of the Bid.

7.1

A prospective Bidder requiring any clarification of the Bidding
Documents shall contact the Entity in writing at the Entity’s address
specified in the BDS. The Entity will respond in writing to any request
for clarification within three (3) days, provided that such request is
received at least seven (7) days in open bidding and four (4) days in
restricted bidding prior to the deadline for submission of Bids. The
Entity shall forward copies of its response to all those who have acquired
the Bidding Documents directly from it, including a description of theinquiry but without identifying its source.

7.2

Should the Entity deem it necessary to amend the Bidding Documents asa result of a clarification, it shall do so following the procedure under
ITB Clause 8 and ITB Sub-Clause 24.2.

7.3

To clarify issues and to answer questions on any matter arising in the
Bidding Documents, the Entity may, if stated in the BDS, invite
prospective Bidders to a Pre-Bidding Meeting at the place, date and timeas specified in the BDS.

7.4

The Bidder is requested to submit any questions in writing so as to reach
the Entity not later than three (3) days prior to the date of the meeting.

7.5

Minutes of the pre-Bidding meeting, including the text of the questions
raised and the responses given, together with any responses preparedafter the meeting, will be transmitted within five (5) days to all those who
received the Bidding Documents.

7.5 Non-attendance at the pre-Bidding meeting will not be a cause fordisqualification of a Bidder.
8. Amendmentof Bidding

8.1(3) Days prior to the deadline for submission of Bids, the Entity may
amend the Bidding Documents by issuing addendum.
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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

Documents

8.2

Any addendum issued shall be part of the Bidding Documents and shallbe communicated in writing to all who have obtained the Bidding
Documents directly from the Entity.

8.3

To give prospective Bidders reasonable time in which to take anaddendum into account in preparing their Bids, the Entity may, at its
discretion, extend the deadline for the submission of Bids, pursuant to
ITB Sub-Clause 24.2.
C.

PREPARATION OF BIDS

9. Cost of
Bidding

9.1

The Bidder shall bear all costs associated with the preparation andsubmission of its Bid, and the Entity shall not be responsible or liable forthose costs, regardless of the conduct or outcome of the bidding process.

10. Language ofBid

10.1 The Bid, as well as all correspondence and documents relating to the Bid
exchanged by the Bidder and the Entity, shall be written in the language
specified in the BDS. Supporting documents and printed literature thatare part of the Bid may be in another language provided they areaccompanied by an accurate translation of the relevant passages into thelanguage specified in the BDS, in which case, for purposes ofinterpretation of the Bid, such translation shall govern.

11. Documents
Comprising theBid

11.1 The Bid shall comprise the following:(a) Bid Submission Form and the applicable Price Schedules, inaccordance with ITB Clauses 12, 14, and 15;(b) Bid Security or Bid-Securing Declaration, in accordance with ITB
Clause 21, if required;(c) written confirmation authorizing the signatory of the Bid tocommit the Bidder, in accordance with ITB Clause 22;(d) documentary evidence in accordance with ITB Clause 16
establishing the Bidder’s eligibility to bid;(e) documentary evidence in accordance with ITB Clause 17, that theGoods and Related Services to be supplied by the Bidder are ofeligible origin;(f) documentary evidence in accordance with ITB Clauses 18 and 30,that the Goods and Related Services conform to the Bidding
Documents;(g) documentary evidence in accordance with ITB Clause 19
establishing the Bidder’s qualifications to perform the contract if
its Bid is accepted;(h) Beneficial Ownership Discloser Form No. SBF/G/11; and(i) any other document required in the BDS.

12. Bid12.1 The Bidder shall submit the Bid Submission Form using the form
8National Procurement Authority – Standard Bidding Documents for Procurement of Goods

Submission
Form and
Price
Schedules

furnished in Section 4 Bidding Forms. And signed by authorized
person, this form must be completed without any alterations to its
format. If not the bidder disqualified.
12.2 The Bidder shall submit the Price Schedules for Goods and Related
Services, according to their origin as appropriately signed byauthorized person (Director, Deputy or Authorized representative)
using the forms furnished in Section 4 Bidding Forms.

13. AlternativeBids

13.1 Unless otherwise specified in the BDS, alternative Bids shall not be
considered.

14. Bid Prices
andDiscounts

14.1 The prices and discounts quoted by the Bidder in the Bid Submission
Form and in the Price Schedules shall conform to the requirements
specified below.
14.2 All lots and items must be listed and priced separately in the Price
Schedules.
14.3 The price to be quoted in the Bid Submission Form shall be the total
price of the Bid, excluding any discounts offered.
14.4 The Bidder shall quote any unconditional discounts and indicate themethod for their application in the Bid Submission Form and priceschedules, if not the proposed discount shall not be acceptable.
14.5 The terms shall be governed by the rules prescribed in the current
edition of Incoterms, published by the International Chamber ofCommerce, Paris, as specified in the BDS.
14.6 Prices quoted by the Bidder are considered fixed and are not subject tovariation on any account during the contract execution, unless otherwise
specified in the BDS. A Bid submitted with an adjustable price istreated as non responsive and pursuant to ITB Clause 30 shall berejected. However, in accordance with the BDS, if fixed prices quoted
by the Bidder subject to adjustment during the Contract execution, then,submitted fixed price quotation shall not be rejected, but the priceadjustment is treated as zero.
14.7 The Entity can divide procurement for lots in accordance to Clause
fifteenth (15) of Procurement Law, prices quoted shall correspond to
100 % of the items specified for each lot and to 100% of the quantities
specified for each item of a lot. If the price unquoted for all items ofeach lot the part 2 sub-rule (1) of rule forty eighth (48) of procurement
procedure shall be applied. Bidders wishing to offer any price reduction(discount) for the award of more than one Contract if the Bids for all lots
are submitted and opened at the same time.

15. Currencies of

15.1 The Bidder shall quote in the currency of the Islamic Republic of
9National Procurement Authority – Standard Bidding Documents for Procurement of Goods

Bid

Afghanistan the portion of the Bid price that corresponds toexpenditures incurred in the currency of the Islamic Republic of
Afghanistan, unless otherwise specified in the BDS.

16. Documents
16.1 To establish their eligibility in accordance with ITB Clause 4, Bidders
Establishing
shall complete the Bid Submission Form, included in Section 4 Bidding
the Eligibility
Forms. If not submitted or submitted incomplete the bidder disqualifiedof the Bidder
17. Documents
17.1 To establish the eligibility of the Goods and Related Services inEstablishingaccordance with ITB Clause 5, Bidders shall complete the country of
the Eligibility
origin declarations in the Price Schedule Forms, included in Section 4of the Goods
Bidding Forms.
and Related
Services
18. Documents
EstablishingtheConformityof the Goods
and Related
Services

18.1 To establish the conformity of the Goods and Related Services to the
Bidding Documents, the Bidder shall furnish as part of its Bid the
documentary evidence that the Goods conform to the technicalspecifications and standards specified in Section 5 Schedule ofRequirements.
18.2 The documentary evidence may be in the form of literature, drawings
or data, and shall consist of a detailed item by item description of theessential technical and performance characteristics of the Goods andRelated Services, demonstrating substantial responsiveness of theGoods and Related Services to the technical specification, and if
applicable, a statement of deviations and exceptions to the provisionsof the Schedule of Requirements.
18.3 The Bidder shall also furnish a list giving full particulars, including
available sources and current prices of spare parts, special tools, etc.,
necessary for the proper and continuing functioning of the Goods
during the period specified in the BDS following commencement of
the use of the goods by the Entity.
18.4 Standards for workmanship, process, material, and equipment, as well
as references to brand names or catalogue numbers specified by the
Entity in the Schedule of Requirements, are intended to be descriptive
only and not restrictive. The Bidder may offer other standards ofquality, brand names, and/or catalogue numbers, provided that itdemonstrates, to the Entity’s satisfaction, that the substitutions ensure
substantial equivalence or are superior to those specified in the
Schedule of Requirements.

19. Documents
Establishingthe
Qualification

19.1 The documentary evidence of the Bidder’s qualifications to perform thecontract if its Bid is accepted shall establish to the Entity’s satisfaction:(a) that, if required in the BDS, a Bidder that does not manufacture or
produce the Goods it offers to supply shall submit the10National Procurement Authority – Standard Bidding Documents for Procurement of Goodss of theBidderManufacturer’s Authorization using the form included in Section 4
Bidding Forms to demonstrate that it has been duly authorized by
the manufacturer or producer of the Goods to supply these Goods in
the Islamic Republic of Afghanistan;(b) that, if required in the BDS, in case of a Bidder not doing businesswithin the Islamic Republic of Afghanistan, the Bidder is or will be(if awarded the contract) represented by an Agent in the country
equipped and able to carry out the Supplier’s maintenance, repair
and spare parts-stocking obligations prescribed in the Conditions ofContract and/or Technical Specifications; and(c) that the Bidder meets each of the qualification criterion specified in
Section 3 Evaluation and Qualification Criteria.
19.2 In case of JV for two or more partners the bidder shall observe thefollowing terms:(a) the bid shall include qualification information of all partners;(b) the bid shall be signed and stamped by all partners for legitimization;(c) all partners are jointly liable for execution of the contract pursuant to its
terms and conditions.
(d) The lead partner is responsible for accepting liabilities, guidelines onbehalf of other partners;(e) Contract execution and payments occur to lead partner;(f) JV agreement shall be signed and stamped by all partners;
91.3 To comply with minimum bidders’ Qualification Requirements, eachpartner shall meet minimum of (25) percent and the lead minimum of (40)percent of eligibility criteria. Eligibility percentage of each partner isadded up and the total percentage of eligibility criteria for all partners shallbe (100) percent. Non-compliance with above requirements results todisqualification of JV’s bid. Subcontractor’s experience and resource are
not considered for meeting the requirements purpose by the bidder.

20. Validity
Period of theBids

20.1 The entity specifies and inserts the Bids validity period in the BDS.
This period in National Competitive Bidding (NCB) cannot be lessthen (90) day just after bid submission date. A Bids not meeting thisperiod are considered non-responsive and are subject to rejection. In
International Competitive Bidding (ICB) the bid submission period
cannot be less then (120) day.
20.2 In exceptional circumstances, prior to the expiration of the Bid
validity period, the entity may request Bidders in written to extend thevalidity period of their Bids. Parallel to extension of bid validity
period, bid Security validity period shall also be extended. The
Bidder cannot amend/modify his bid once extended. Bid security isreleased if bidder refuses to extend validity period of the bid uponrequest.
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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

21. Bid Security

21.1 The Bidder shall furnish as part of its Bid, a Bid Security or a BidSecuring Declaration, the bids without Bid Security or Bid-Securing
Declaration shall be rejected by the Entity as non-responsive.
21.2 The Bid Security shall be in the amount specified in the BDS anddenominated in the currency of the Islamic Republic of Afghanistan or afreely convertible currency, and shall:(a) at the Bidder’s option, be in the form of cash , or a bank guarantee
from a banking institution.;(b) be issued by a reputable institution selected by the Bidder andlocated in any eligible country. If the institution issuing the bid
security is located outside the Islamic Republic of Afghanistan, it
shall have a correspondent financial institution located in the Islamic
Republic of Afghanistan to make it enforceable;(c) be substantially in accordance with one of the forms of Bid Security
included in Section 4 Bidding Forms, or other form approved by
the Entity prior to Bid submission;(d) be payable promptly upon written demand by the Entity in case theconditions listed in ITB Clause 21.5 are invoked;(e) be submitted in its original form; copies will not be accepted;(f) Remain valid for a period of twenty-eight (28) days beyond thevalidity period of the Bids, as extended, if applicable, in accordancewith ITB Clause 20.2.
21.3 If a Bid Security or a Bid-Securing Declaration is required in accordancewith ITB Sub-Clause 21.1, any Bid not accompanied by a substantially
responsive Bid Security or Bid-Securing Declaration in accordance withITB Sub-Clause 21.1, shall be rejected by the Entity as non-responsive.
21.4 The Bid Security of unsuccessful Bidders shall be returned as promptly
as possible upon the successful Bidder’s furnishing of the Performance
Security pursuant to ITB Clause 44.
21.5 The Bid Security may be forfeited or the Bid-Securing Declaration
executed:(a) if a Bidder modifies or withdraws its Bid during the period of Bid
validity specified by the Bidder on the Bid Submission Form, after
the deadline for submission of bids;(b) if a Bidder refuses to accept a correction of an arithmetical error
appearing on the face of the bid;(c) if the successful Bidder fails to sign the Contract in accordance withbidding documents.
(d) if successful bidder unfurnished a Performance Security inaccordance with bidding documents .
12

National Procurement Authority – Standard Bidding Documents for Procurement of Goods(e) if the bidder debarred regarding any violation in this bidding.
21.6 The Bid Security or Bid-Securing Declaration of a JV must be in thename of the JV that submits the Bid. If the JV has not been legallyconstituted at the time of bidding, the Bid Security or Bid-Securing
Declaration shall be in the names of all future partners as named in theletter of intent mentioned in Section 4 Bidding Forms.
21.7 If a Bid security is not required in the BDS, and(a) if a Bidder withdraws its Bid during the period of Bid validity
specified by the Bidder on the Letter of Bid Form, except asprovided in ITB 20.2, or(b) if the successful Bidder fails to sign the Contract in accordance with
ITB 43; or furnish a performance security in accordance with ITB
44;
the GoA may, if provided for in the BDS, declare the Bidder
disqualified to be awarded a contract by the Entity for a period of time asstated in the BDS.
22. Format andSigning ofBid

22.1 The Bidder shall prepare one original of the documents comprising the
Bid as described in ITB Clause 11 and clearly mark it “ORIGINAL”. In
addition, the Bidder shall submit copies of the Bid, in the number
specified in the BDS and clearly mark them “COPY”. In the event ofany discrepancy between the original and the copies, the original shallprevail.
22.2 The original and all copies of the Bid shall be typed or written inindelible ink and shall be signed by a person duly authorized to sign onbehalf of the Bidder.
22.3 Any interlineations, erasures, or overwriting shall be valid only if they
are signed or initialed by the person signing the Bid.
D.

23. Submission,
Sealing andMarking of
Bids

SUBMISSION AND OPENING OF BIDS

23.1 Bidders may always submit their Bids by mail or by hand. When so
specified in the BDS, Bidders shall have the option of submitting theirBids electronically.
(a) Bidders submitting Bids by mail or by hand, shall enclose theoriginal and each copy of the Bid, including alternative Bids, if
permitted in accordance with ITB Clause 13, in separate sealed
envelopes, duly marking the envelopes as “ORIGINAL” and “COPY.”
These envelopes containing the original and the copies shall then be
enclosed in one single envelope. The rest of the procedure shall bein accordance with ITB sub-Clauses 23.2 and 23.3.
(b) Bidders submitting Bids electronically shall follow the electronic

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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

Bid submission procedures specified in the BDS.
23.2 The inner and outer envelopes shall:(a) Bear the name and address of the Bidder;(b) be addressed to the Entity in accordance with ITB Sub-Clause 24.1;(c) bear the specific identification of this bidding process indicated in
ITB 1.1 and any additional identification marks as specified in the
BDS; and(d) bear a warning not to open before the time and date for Bid opening,in accordance with ITB Sub-Clause 27.1.
23.3 If all envelopes are not sealed and marked as required, the Entity willassume no responsibility for the misplacement or premature opening of
the Bid.
24. Deadline for
Submissionof Bids

24.1 Bids must be received by the Entity at the address and no later than thedate and time specified in the BDS.
24.2 The Entity may, at its discretion, extend the deadline for the submissionof Bids by amending the Bidding Documents in accordance with ITB
Clause 8, in which case all rights and obligations of the Entity and
Bidders previously subject to the deadline shall thereafter be subject tothe deadline as extended.

25. Late Bids

25.1 The Entity shall not consider any Bid that arrives after the deadline
for submission of Bids. Any Bid received by the Entity after thedeadline for submission of Bids shall be rejected, and returned
unopened to the Bidder.

26. Withdrawal,
Substitution,
andModificationof Bids

26.1 A Bidder may withdraw, substitute, or modify its Bid after it has been
submitted by sending a written notice, duly signed by an authorized
representative, and shall include a copy of the authorization (the powerof Attorney). The corresponding substitution or modification of the Bid
must accompany the respective written notice. All notices must be:(a) submitted in accordance with ITB Clauses 22 and 23 , and in
addition, the respective envelopes shall be clearly marked“WITHDRAWAL,” “SUBSTITUTION,” or “MODIFICATION;” and(b) Received by the Entity prior to the deadline prescribed forsubmission of Bids.
26.2 Bids requested to be withdrawn shall be returned unopened to the
Bidders.
26.3 No Bid may be withdrawn, substituted, or modified in the interval
between the deadline for submission of Bids and the expiration of theperiod of Bid validity specified by the Bidder on the Bid Submission
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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

Form or any extension thereof.
27. Bid Opening

27.1 The Entity shall conduct the Bid opening in public at the address, date
and time specified in the BDS. Any specific electronic Bid opening
procedures required if electronic bidding is permitted as specified in the
BDS.
27.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out
and the envelope with the corresponding Bid shall not be opened, but
returned to the Bidder. If the withdrawal envelope does not contain acopy of the “power of Attorney” confirming the signature as a person
duly authorized to sign on behalf of the Bidder, the corresponding Bid
will be opened. No Bid withdrawal shall be permitted unless thecorresponding withdrawal notice contains a valid authorization to request
the withdrawal and is read out at Bid opening. Next, envelopes marked“SUBSTITUTION” shall be opened and read out and exchanged with thecorresponding Bid being substituted, and the substituted Bid shall not be
opened, but returned to the Bidder. No Bid substitution shall bepermitted unless the corresponding substitution notice contains a valid
authorization to request the substitution and is read out at Bid opening.
Envelopes marked “MODIFICATION” shall be opened and read out withthe corresponding Bid. No Bid modification shall be permitted unlessthe corresponding modification notice contains a valid authorization torequest the modification and is read out at Bid opening. Only envelopesthat are opened and read out at Bid opening shall be considered further.
27.3 All other envelopes shall be opened one at a time, reading out: the nameof the Bidder and whether there is a modification; the Bid Prices,
including any discounts and alternative offers; the presence of a Bid
Security or Bid-Securing Declaration, if required; and any other details
as the Entity may consider appropriate. Only discounts and alternative
offers read out at Bid opening shall be considered for evaluation. No Bid
shall be rejected at Bid opening except for late Bids, in accordance withITB Sub-Clause 25.1.
27.4 The bid opening committee shall use, sign and scotch tape standard bid
opening forms in bid opening session.
E.

28.
Confidentiality

EVALUATION AND COMPARISON OF BIDS

28.1 Information relating to the examination, evaluation, comparison, andpost-qualification of Bids, and recommendation of contract award, shallnot be disclosed to Bidders or any other persons not officially concernedwith such process until publication of the Contract Award.
28.2 Any effort by a Bidder to influence the Entity in the examination,
evaluation, comparison, and post-qualification of the Bids or contract
award decisions may result in the rejection of its Bid.

15

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

28.3 Notwithstanding ITB Sub-Clause 28.2, from the time of Bid opening to
the time of Contract Award, if any Bidder wishes to contact the Entity on
any matter related to the bidding process, it should do so in writing.
29. Preliminary
evaluation

29.1 The Entity shall conduct preliminary evolution for determine of bid
completion as the following information have been provided.
(a) Offer is submitted properly in accordance to bidding documents;(b) Bid security is submitted properly in form and amount for required
validation time;(c) Offer is submitted without major deviation in accordance to bidding
documents;(d) Offer, properly sign and sealed;(e) Offer is valid for minimum required time; and coincident with otherbiding documents key requirements.
29.2 The offer shall be rejected if not accordance with subclasses 1 of clause29.

30. Clarificationof Bids

31. Responsiveness of Bids

30.1 The Entity may, at its discretion, ask any Bidder for a clarification of its
Bid. Any clarification submitted by a Bidder in respect to its Bid and that is
not in response to a request by the Entity shall not be considered. The Entity’srequest for clarification and the response shall be in writing. No change in theprices or substance of the Bid shall be sought, offered, or permitted, except toconfirm the correction of arithmetic errors discovered by the Entity in the
Evaluation of the Bids.
31.1 The Entity’s determination of a Bid’s responsiveness is to be based on
the contents of the Bid.
31.2 A substantially responsive Bid is one that conforms to all the terms,
conditions, and specifications of the Bidding Documents without material
deviation, reservation, or omission. A material deviation, reservation, oromission is one that:(a) affects in any substantial way the scope, quality, or
performance of the Goods and Related Services specified in
the Contract; or(b) limits in any substantial way, inconsistent with the Bidding
Documents, the Entity’s rights or the Bidder’s obligations
under the Contract; or(c) if rectified would unfairly affect the competitive position ofother Bidders presenting substantially responsive Bids.
31.3 If a Bid is not substantially responsive to the Bidding Documents, it
shall be rejected by the Entity and may not subsequently be made16

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

responsive by the Bidder by correction of the material deviation,
reservation, or omission.
32. Nonconformities,
Errors, andOmissions

32.1
Provided that a Bid is substantially responsive, the Entity may waive
any non-conformities or omissions in the Bid that do not constitute amaterial deviation.
32.2
Provided that a Bid is substantially responsive, the Entity may requestthat the Bidder submit the necessary information or documentation, withina reasonable period of time, to rectify nonmaterial nonconformities oromissions in the Bid related to documentation requirements. Suchomission shall not be related to any aspect of the price of the Bid. Failureof the Bidder to comply with the request may result in the rejection of its
Bid.
32.3
Provided that the Bid is substantially responsive, the Entity shallcorrect arithmetical errors on the following basis:(a) if there is a discrepancy between the unit price and the line
item total that is obtained by multiplying the unit price by thequantity, the unit price shall prevail and the line item total shallbe corrected, unless in the opinion of the Entity there is an
obvious misplacement of the decimal point in the unit price, inwhich case the line item total as quoted shall govern and theunit price shall be corrected;(b) if there is an error in a total or sum total or minus toral of
figures, figures shall be prevailing a the sum and mines total
shall be corrected;(c) if there is a discrepancy between words and figures, theamount in words shall prevail, unless the amount expressed inwords is related to an arithmetic error, in which case theamount in figures shall prevail subject to (a) and (b) above.
32.4
If the Bidder that submitted the lowest evaluated Bid does not accept
the correction of errors, its Bid shall be rejected and its Bid Security
forfeited or Bid-Securing Declaration executed as provided for in SubClause 21.5 (b).

33. Technical
Evaluation

33.1 The entity assesses submitted Bids to ensure acceptance of the bidder onterms and conditions specified in the GCC and SCC. Without any
variation and exceptions.
33.2 The entity shall evaluate the technical aspects of the Bid submitted inaccordance with ITB Clause 18, to ensure all requirements specified in
Section 5 Schedule of Requirements of the Bidding Documents havebeen met without any variation and exceptions.

34. Conversion
to Single

34.1 For evaluation and comparison purposes, the Entity shall convert all Bid
prices expressed in amounts in various currencies into an amount in a17

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

Currency

single currency specified in the BDS, using the selling exchange rates
established by the source and on the date specified in the BDS.

35. Domestic
Preference

35.1 Domestic preference applies in pursuant to rule 4 of procurement
procedure.

36. Financial
Evaluation

36.1 To evaluate a Bid, the Entity shall only use all the factors,
methodologies and criteria defined in this Clause.
36.2 To evaluate a Bid, the Entity shall consider the following:(a) evaluation will be done for Items or Lots, as specified in the
BDS; and the Bid Price as quoted in accordance with clause 14;(b) price adjustment for correction of arithmetic errors;(c) price adjustment due to discounts offered in accordance with ITB
Sub-Clause 14.4;(d) adjustments due to the application of the evaluation criteria
specified in the BDS from amongst those set out in Section 3
Evaluation and Qualification Criteria;(e) Adjustments due to the application of a margin of preference, in
accordance with ITB Clause 35, if applicable.
36.3 The Entity’s evaluation of a Bid will exclude and not take into
account:(a) In the case of Goods manufactured in the Islamic Republic of
Afghanistan, sales and any other tax, which will be payable on the
goods if a contract is awarded to the Bidder;(b) in the case of Goods manufactured outside the Islamic Republicof Afghanistan, already imported or to be imported, customs
duties and other import taxes levied on the imported Good, sales
and other similar taxes, which will be payable on the Goods if thecontract is awarded to the Bidder;(c) any allowance for price adjustment during the period of executionof the contract, if provided in the Bid.
36.4 The Entity’s evaluation of a Bid may require the consideration ofother factors, in addition to the Bid Price quoted in accordance withITB Clause 14. These factors may be related to the characteristics,
performance, and terms and conditions of purchase of the Goods andRelated Services. The effect of the factors selected, if any, shall be
expressed in monetary terms to facilitate comparison of Bids. The
factors, methodologies and criteria to be used shall be as specified in
ITB 36.2 (d).
36.5 If so specified in the BDS, these Bidding Documents shall allow
Bidders to quote separate prices for one or more lots, and shall allow
18

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

the Entity to award one or multiple lots to more than one Bidder. The
methodology of evaluation to determine the lowest-evaluated lot
ombinations is specified in Section 3 Evaluation and Qualification
Criteria.
36.6 No negotiation shall be held with the lowest or any other Bidder,
except negotiation in single source method.
36.7 A Bidder shall not be required, as a condition for award, to undertake
responsibilities not stipulated in the Bidding Documents, to change its
price or otherwise to modify its Bid.
37. Comparisonof Bids

37.1 The entity compares the lowest-evaluated Bid to requirement, criteria
and technical specification of Bids to determine substantially responsive
ones.
37.2 If the lowest evaluated bid determined substantially responsive as a resultof technical evaluation and [detailed evaluation if required], evaluationcommittee can end evaluation process and submit the evaluation report toaward authority. If the lowest evaluated bid determined non responsive,the evaluation committee conduct same process for the second lowest
evaluated bid.

38. Postqualificationof the Bidder38.1 The Entity shall determine to its satisfaction whether the Bidder that isselected as having submitted the lowest evaluated and substantially
responsive Bid is qualified to perform the Contract satisfactorily.
38.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications submitted by the
Bidder, pursuant to ITB Clause 19.
38.3 An affirmative determination shall be a prerequisite for award of theContract to the Bidder. A negative determination shall result in
disqualification of the Bid, in which event the Entity shall proceed to thenext lowest evaluated Bid to make a similar determination of that
Bidder’s capabilities to perform satisfactorily.

39. Entity’s
Right toAccept andto reject any
or All Bids

39.1 when the procurement is not necessary, or significant changes occurredin technical specification, bidding criteria and contract conditions, orlack of sufficient fund and existing of collusion evidence among bidder.
The Entity may reject all bids and cancel the procurement proceedings if
it is justified by national interest, without incurring any liability to
Bidders.
F.

40. Award
Criteria

AWARD OF CONTRACT

40.1 The Entity shall award the Contract to the Bidder whose offer has been
determined to be the lowest evaluated Bid and is substantially
responsive, further that the Bidder is determined to be qualified to19National Procurement Authority – Standard Bidding Documents for Procurement of Goods

perform the Contract satisfactorily.
41. Entity’s
41.1 At the time the Contract is awarded, the Entity reserves the right toRight to Vary
increase or decrease the quantity of Goods and Related Services
Quantities atoriginally specified in Section 5 Schedule of Requirements, provided
Time ofthis does not exceed the percentages specified in the BDS, and withoutAward
any change in the unit prices or other terms and conditions of the Bid andthe Bidding Documents.
42. ContractAward

42.1 After the completion period of notification of award and review ofprotests submitted by bidders, the entity issues offer acceptance letter tosuccessful bidder only if the contract value is within its thresholdauthority. If the contract value is beyond its threshold authority, the offer
acceptance letter is issued to the successful bidder after NPC’s approval.

43. Signing ofContract

43.1 The entity prepares the contract in accordance with biding document,
winning bid and following approval of award authority, sends to thesuccessful bidder within the bid validity period. Similarly, the successful
bidders responsible to sign and return the contract to the entity within(10) day after receipt.
43.2 The entity in accordance to Article 42 of procurement law is obliged to
publish the singed contract with specification of procurement,
specification of entity and contractor, Beneficial Ownership Disclosure
Form of contractor and contract price on the NPA’s websites or otherwebsites which are proposed by NPA within (30) calendar days after
singing the contract.

44. Performance
Security

44.1 The successful Bidder shall within ten (10) days of the receipt of
notification of award, submit the performance Security in accordancewith the GCC and Section 8 Contract Forms.
44.2 Failure of the successful Bidder to submit the above-mentioned
Performance Security or sign the Contract shall constitute sufficientgrounds for the annulment of the award and forfeiture of the Bid Security
or execution of the Bid-Securing Declaration. In that event the Entity
may award the Contract to the next lowest evaluated Bidder, whose offer
is substantially responsive and is determined by the Entity to be qualified
to perform the Contract satisfactorily.

45. Advising
Unsuccessful
Bidders

45.1 Upon the successful Bidder furnishing Performance Security pursuant to
ITB Clause 44, and signing the Contract pursuant to ITB Sub-Clause
43.2, the Entity shall promptly notify all other Bidders that their Bids
have been unsuccessful, and shall discharge their Bid Securities pursuant
to ITB Sub-Clause 21.4.

46. Bidder’s
Right to46.1 If the bidder suffers or may suffer loss or damage due to an act of noncompliance to Public Procurement Law and Rules of Procedure cansubmit his complaint to the procuring entity as well as to Administrative20

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

Complain

Review Committee [if required.]46.2 The Complaint submission mechanism and Review process is illustrated
in the prescribed and enforceable procedure.

21

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

SECTION 2

BIDDING DATA SHEET

Instructions for completing the Bidding Data Sheet are provided, as needed, in the notes initalics mentioned for the relevant ITB clauses.
ITB Clause

Amendments of, and Supplements to, Clauses in the Instruction to
BiddersA.

ITB 1.1

GENERAL

The Entity is {Afghan Post State Enterprise}
The Name and identification of this Tender Process are:Name and identification number of this Bid {procurement of Operational
equipment to Improve the Quality of Postal Services}.
Re no. Afghanpost/1400/G-2439

ITB 4.1
ITB 4.3

Bidders from the following countries are not eligible: {not applicable}
A list of firms debarred from participating in Government Procurement isavailable at:www.npa.gov.af

ITB 5.1

Goods and Related Services from the following countries are not eligible:{not applicable}B.
ITB 6.3

ITB 7.1

CONTENTS OF BIDDING DOCUMENTS

The following are authorized agents of the Entity for the purpose ofproviding the Bidding Documents: NONE
For clarification of Bid purposes only, the Entity’s address is:Attention: Monirullah Hafizi
Address: [Mohammad Jan khan watt Afghan Post central office second
floor]
City: [Kabul Afghanistan]
Telephone: [+93783090022]
Facsimile number: [not applicable]
Electronic mail address: [Monirullah.hafizi@afghanpost.gov.af,Khyber.seddiqi@afghanpost.gov.af]

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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

ITB 7.2

The Pre-Bidding meeting shall be held at:
Address: [Mohammad Jan khan wat Afghan Post central office second
floor]
City: [Kabul]Country: Afghanistan
Telephone: [+93783090022]
Date and Time: [18 June2021 at 10:00 AM]
C.

PREPARATION OF BIDS

ITB 10.1

The language of the Bid is: [English].

ITB 11.1(h)The Bidder shall submit with its Bid the following additional documents:
Updated business license, all filled signed & stamped forms stated in
section 4 (bidding forms) of this bid document, catalogue/brochure of
the equipment offered with detailed technical literature/specification,
bid security (SBD/G/08), bid signatory authority, the updated tax
clearance document for latest financial period before this bid opening
session, JV agreement(in case of two or more companies, copies ofcontracts for completed same nature experiences, copies of completed
contracts in last 5 year, written evidences for financial ability andother required information}

ITB 13.1

Alternative Bids shall not be permitted.

ITB 14.5

The Incoterms edition is: [2010(DDP)}

ITB 14.6 (a)Place of Destination: Afghan Post central office, Kabul Afghanistan

ITB 14.5

Final Destination: {Warehouse of Afghan Post central office, Kabul
Afghanistan }ITB 14.6

The prices quoted by the bidder SHALL NOT be adjustable

ITB 15.1

The Bidder is allowed to quote in the currency of the Islamic Republic of
Afghanistan the portion of the Bid price that corresponds to expenditures
incurred in that currency.
The bidder shall quote in the currency convertible to united stateddolor(USD)

ITB 18.3

Period of time the Goods are expected to be functioning: {5 years}
23

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

ITB 19.1 (a)Manufacturer’s Authorization is, required.

ITB 19.1 (b)After sales service is Required for one year

ITB 20.1

The Bid validity period shall be 120 days after the deadline for bid
submission.

ITB 21.1

Bid security is required
Bid shall include a Bid security issued by bank included in Section 4
Bidding Forms.

ITB 21.2

The amount of the Bid Security shall be $ 8100 USD
Bid security, to be submitted only in the form of a Bank Guarantee andshall remain valid for a period of 28 days beyond the validity period of thebids i.e. (148) days from bid submission deadline.
Note: The bid security shall be submitted in original form. Photocopies/Scanned copies will not be accepted;
Note: Bid Security in the form of a bank guarantee, shall be issued either(a) by a Bank located in Afghanistan, or (b) reputed foreign bank and incase, the Bank guarantee is issued by a Bank situated outside Afghanistan
then it must have correspondent financial institutions in Afghanistan forverification and confirmation. The name of the correspondent Financial
Bank/Institution in such cases must be declared with full address anddetails like phone no., e-mail address etc.

ITB 21.7

If the Bidder incurs any of the actions prescribed in subparagraphs (a) or(b), the Government will declare the Bidder ineligible to be awarded
contracts by the Purchaser for a period to be decided by the procurement
policy department of national procurement authority(NPA).

ITB 22.1

In addition to the original of the Bid, one (1) copies shall be submitted.
Note : bidder MUST ensure that all copies of bids include all the pages/
document submitted in the original bid fully signed and stamped
D.

SUBMISSION AND OPENING OF BIDS

ITB 23.1

Bidders shall not have the option of submitting their Bids electronically.

ITB 23.1 (b)When Bidders have the option to submit their Bids electronically, theprocedure shall be as follow: not applicable

ITB 23.2 (c)The inner and outer envelopes shall bear the following additional
identification marks:
Name of project, reference number, copy or original name and address ofthe bidder24

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

ITB 24.1

For Bid submission purposes only, the Purchaser’s address is:Attention: Monirullah Hafizi

ITB 27.1

Address: Afghan Post central office second floor procurement department
City: Kabul Afghanistan
The deadline for submission of Bids is on [4 July 2021 ] at [10:00 AM
Kabul local time ].
The Bid Opening shall take place at:
Address: {Afghan Post central office Kabul}
Floor-Room number: {Afghan Post central office meeting room}
City: {Kabul}
Date: [4 July 2021]
Time: [10:00 AM Kabul local time]
Note: In case the specified deadline for bid submission is declared aholiday for the purchaser, the bids can be submitted till the deadline time
for bid submission on the next working day and the Bids shall be openedat the specified time on the next working day.
If electronic bid submission is permitted in accordance with ITB subclause 23.1, the specific Bid opening procedures shall be: not applicableE.

ITB 34.1

EVALUATION AND COMPARISON OF BIDS

Bids expressed in different currencies shall be converted in (USD).
The source of exchange rate shall be: {Da Afghanistan bank}.
The date of the exchange rate shall be: {deadline date of bid submission}.

ITB 35.1
ITB 36.3 (a)Domestic preference SHALL be applied in accordance to Rule 4 ofprocurement procedure.
Evaluation will be done for quoted price for the whole project.
Bids will be evaluated items by items. If a Price Schedule shows items
listed but not priced, any item not listed in the Price Schedule shall beassumed to be not included in the Bid, and provided that the Bid issubstantially responsive, the average price of the item quoted bysubstantially responsive Bidders will be added to the Bid price and theequivalent total cost of the Bid so determined will be used for pricecomparison.
If the total price of item or items that not priced is more than (10) percent
of bidder’s offer, it’s bid is disqualified.

ITB 36.3 (c)The adjustments shall be determined using the following criteria, fromamongst those set out in Section 3 Evaluation and Qualification
Criteria:(a) Deviation in Delivery schedule: No(b) Deviation in payment schedule: No
25

National Procurement Authority – Standard Bidding Documents for Procurement of Goods(c) The cost of major replacement components, mandatory spare parts,and service: No(d) The availability in the Islamic Republic of Afghanistan of spare parts
and after-sales services for the equipment offered in the Bid Yes(e) The projected operating and maintenance costs during the life of theequipment No(f) The performance and productivity of the equipment offered; No{Insert any other specific criteria if applicable}
ITB 36.6

Bidders SHALL quote for whole project price.
F.

ITB 41.1

ITB 46.2

AWARD OF CONTRACT

The maximum percentage by which quantities per item may be increasedis {as per percentage mentioned in annual budget decree}
The maximum percentage by which quantities per item may be decreasedis {as per percentage mentioned in annual budget decree}Complaints shall be submitted to:Attention: Monirullah Hafizi
Address: Mohammad Jan khan watt
Floor-Room number: Afghan post central office second floor
City: Kabul Afghanistan

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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

SECTION 3

EVALUATION AND QUALIFICATION CRITERIAThis Section is to be considered as completing the ITB in describing the criteria that the
Entity may use to evaluate a Bid and determine whether a Bidder has the required
qualifications. No other criteria than those listed in this Section shall be used.
Contents
1.

Domestic Preference (ITB 35.1)

2.

Extra Criteria (ITB 36.4)

3.

Multiple Contracts (ITB 36.5)

4.

Post-Qualification Requirements (ITB 38)

1.

DOMESTIC PREFERENCE (ITB 35.1)

The Maximum Margin for the domestic preference in accordance with the rule (4) of
RPPP of Government of Afghanistan is as follow:
1- Classification of bids:
1. The Domestic Products compared to the foreign products (25%).
2. Domestic Firms compared to the non-resident and resident foreign firms in
Afghanistan (10%).
3. Foreign firms that has a domestic partner of the Joint venture (JV) or committed
to the domestic subcontractor, compared to the other foreign firms (5%).
2- Compression of bids:
In the light of Domestic Preference percentage, the Entity shall decrease the real
price of beneficiary bids in accordance with the Preferences percentage andconsider that for compression with other bids.
2.

EXTRA CRITERIA (ITB 36.4){Any other specific extra criteria in evaluation and evaluation method shall be quoted in
the BDS Sub-Clause 36.3(c) comprehensively}
3.

MULTIPLE CONTRACTS (ITB 36.5)

The Entity shall award multiple contracts to the Bidder that offers the lowest evaluatedcombination of Bids (one contract per Bid) and meets the post-qualification criteria
paragraph 4 below.
The Entity shall:(a) Evaluate only the lots or contracts that include at least the percentage of items per lot
and the quantity per item as specified in ITB Sub Clause 14.8.
(b) take into account:(i) the lowest-evaluated Bid for each lot; and27

National Procurement Authority – Standard Bidding Documents for Procurement of Goods(ii) The price reduction per lot and the methodology for its application as
offered by the Bidder in its Bid.
4.

POST-QUALIFICATION REQUIREMENTS (ITB 38)

After determining the lowest-evaluated Bid in accordance with ITB Sub-Clause 37.1, theEntity shall carry out the post-qualification of the Bidder in accordance with ITB Clause
38, using only the requirements specified. Requirements not included in the text below
shall not be used in the evaluation of the Bidder’s qualifications:a) The minimum required average annual volume of turn over for the successful bidder
during the last five years shall be ($ 298,000,00 USD)(b) Financial Capability:
The Bidder shall furnish documentary evidence that it meets the following financial
requirement(s)The Bidder shall include a bank statement, Unconditional line of credit and ability toperform the contract as follow:
Bidder must meet the Cash flow ($ 108,000.00 USD)(c) Experience and Technical Capacity:
The Bidder shall furnish documentary evidence to demonstrate that it meets thefollowing experience requirement(s):The Bidder has satisfactorily completed at least one contract for supply of similar IT
Equipment / goods in size and magnitude during the last 5 years with value of($175,000.00 USD) or
The Bidder has satisfactorily completed 2 contracts for supply of similar IT
Equipment/goods in size and magnitude during the last 5 years with the total value of ($284,000.00 USD)
The Bidder must provide the documents indicating that the proposed items have thefollowing terms of use: (all equipment/ goods)(i) Manufacturers Authorization is Required(ii)The bidder shall confirm the availability of spare parts and after sales service in the
country of the purchaser for the equipment's

28National Procurement Authority – Standard Bidding Documents for Procurement of Goods

SECTION 4

BIDDING FORMSCONTENT
Form

Title
Bid Forms

SBF/G/01

Bidder Information Form

SBF/G/02

JV Partner Information Form

SBF/G/03

Bid Submission Form

SBF/G/04

Price Schedule Form for Goods manufactured outside the Islamic
Republic of Afghanistan to be Imported

SBF/G/05

Price Schedule Form for Goods manufactures outside the Islamic
Republic of Afghanistan already imported

SBF/G/06

Price Schedule Form for Goods manufactures in the Islamic Republicof Afghanistan

SBF/G/07

Price and Completion Schedule for Related Services

SBF/G/08

Bid Security: Bank Guarantee

SBF/G/09

Bid Security: Bid-Security Declaration

SBF/G/10

Manufacturer’s Authorization Letter

SBF/G/11

Beneficial Ownership Discloser

29National Procurement Authority – Standard Bidding Documents for Procurement of Goods

BIDDER INFORMATION FORM
FORM SBF/G/01

Bid Package No:[Afghanpost/1400/G-2439]

Date
Page
1.

General information of the Bidder

1.1

Bidder’s Legal Name: {1.2

In case of JV, Legal Name of each party: {1.3

Bidder’s actual or intended Country of Registration:

1.4

Bidder’s Year of Registration:

1.5

Bidder’s Legal Address in Country of Registration:

1.6

Bidder’s Authorized Representative Information

}

Name:
Address:
Telephone/Fax numbers:
E-mail Address:
Authorized representatives signature sample:

1.7

Bidder’s Income Tax Identification Number (TIN):

30}

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

1.8

Attached are copies of original documents of :
 Articles of Incorporation or Registration of firm named in 1.1, above, in
accordance with ITB Sub-Clauses 4.1 and 4.2.
 In case of JV, letter of intent to form JV or JV agreement, in accordance withITB Sub-Clause 4.1.
 In case of government owned entity from the Islamic Republic of Afghanistan,
documents establishing legal and financial autonomy and compliance withcommercial law, in accordance with ITB Sub-Clause 4.5.
 Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership in accordance with ITB Clause 11.1 (h) [If required, the successful Bidder
shall provide additional information on beneficial ownership using the Beneficial
Ownership Disclosure Form.] Others: [].

2.

Qualification information of the Bidder

2.1

Number of years of overall experience of the Bidder in the supply of goods and related
services: {Insert a value in words and figures}

2.2

Total annual turnover of bidder in last five years: {2.3

Available liquid assets:{

2.4

Major supplies of similar type of Goods over the last five years: [

}
}

]
3.

Financial information of the Bidder

3.1

Financial reports or balance sheets or profit and loss statements or auditors’ reports orbank references with documents or a combination of these demonstrating availabilityof liquid assets. [List below and attach copies.]

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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

3.2

Details of Banks that may provide references if contacted by the Purchaser:
Name:
Address:
Telephone/Fax numbers:
E-mail Address:

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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

JV PARTNER INFORMATION FORM
FORM SBF/G/02[Note on JV Partner Information Form
This note is for information only, to assist the Procuring Entity in the completion of theForm when preparing the Bidding Documents, but this note should NOT be included in
the issued Bidding Documents.
The information to be filled in by Bidders in the following pages will be used for purposesof verification of eligibility and qualification of the Bidder as provided for in relevant
Clauses of the ITB.]

Bid Package No:(Afghanpost/1400/G-2439)

Date
Page
1.

General information of the JV

1.1

Bidder’s Legal Name:

1.2

JV’s Party Legal Name:

1.3

JV’s Party Country of Registration:

1.4

JV’s Party Year of Registration:

1.5

JV’s Party Legal Address in Country of Registration

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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

1.6

JV’s Party Authorized Representative Information
Name:
Address:
Telephone/Fax numbers:
E-mail Address:
Authorized representatives signature sample:

1.7

Attached are copies of original documents of [Check the box(es) of the attachedoriginal documents]:
 Articles of Incorporation or Registration of firm named in 1.2 above, in
accordance with ITB Sub-Clauses 4.1 and 4.2.
 In case of government owned entity from the Islamic Republic of Afghanistan,
documents establishing legal and financial autonomy and compliance withcommercial law.
 Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership in accordance with ITB Clauses 11.1 (h) [If required, the successful Bidder
shall provide additional information on beneficial ownership for each JV member using
the Beneficial Ownership Disclosure Form.]

34

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

BID SUBMISSION FORM
SBF/G/03
To: [Afghan Post State enterprise)
Bid Package No:

Afghanpost/1400/G-2439

DatePage [] of [] pages

We, the undersigned, declare that:
1. We have examined and have no reservations to the Bidding Documents, including Addenda
No.: [];
2. We offer to supply in conformity with the Bidding Documents and in accordance with the
Delivery Schedules specified in the Schedule of Requirements the following Goods andRelated Services [];3. The total price of our Bid, excluding any discounts offered in item 4 below, is:
A: Total bid price in figures: ………………….………………………….
B: Total bid price in words:……………………..……………………….
4. The discounts offered: if our bid is accepted, the following discounts shall apply:
A: Total discount value in words: ……………………………….
B: Total discount value in figures: ……………………
5. Our Bid shall be valid for the period of time specified in ITB Sub-Clause 20.1, from the datefixed for the Bid Submission Deadline in accordance with ITB Sub-Clause 24.1, and it shallremain binding upon us and may be accepted at any time before the expiration of that period;
6. If our Bid is accepted, we commit to obtain a Performance Security in accordance with ITB
Clause 44 and GCC Clause 18 for the due performance of the Contract;
7. We, including any subcontractors or suppliers for any part of the contract, have nationality
from Eligible Countries []8. We have no conflict of interest in accordance with ITB Sub-Clause 4.2;
9. Our firm, its affiliates or subsidiaries, including any subcontractors or suppliers for any partof the contract, has not been declared ineligible by the GoA, under the National laws orofficial regulations, in accordance with ITB Sub-Clause 4.3;
10. We understand that this Bid, together with your written acceptance thereof included in yournotification of award, shall constitute a binding contract between us, until a formal contract isprepared and executed;

11. We understand that you are not bound to accept the lowest evaluated Bid or any other Bid
that you may receive;
Name: …………………………………………….
Signature: ……………………………………………….
Dated: ……………………………………………….

35

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

PRICE SCHEDULE FOR GOODS MANUFACTURED OUTSIDE THE ISLAMIC REPUBLIC OF AFGHANISTANTO BE IMPORTED:GROUP C BIDS – CURRENCIES IN ACCORDANCE WITH ITB SUB-CLAUSE 15
FORM SBF/G/04
Bid Package No:

Afghanpost/1400/G-2439

Date
Pages

Line
item

Description of the item

Quantity1

Baggage and Parcel Inspection System, XIS-7858/ orEquivalent
X-Ray Voltage 180kV, Operating at 165kV
Tunnel Size: 77.8 cm x 58.0 cm
Dimensions: 229.2 cm x 100.6 cm x 140.0 cm
Net Weight: 587 kg (1294 lbs)
Conveyor Speed: 23 cm/s (45 ft/min) Forward or Reverse
Conveyor Height: 69.1 cm (27.2") from Floor.
Wire resolution: 40 AWG Typical, 38 AWG Standard.
Steel penetration: 39 mm Typical, 37 mm Standard.
Film safety: Guaranteed up to ISO 1600 (33DIN).
Duty cycle: 100%, No Warm-Up Procedure Required.
Processor: Intel Core i5
Memory: 4 FB RAM
Storage: 500 GB HDD, 120 GB SSD
Backup: Uninterruptible Power Supply (Computer
Operation- 20 min).
Display type and resolution: Dual 19 LCD Color
Monitors/ 1280 x 1024; 24 bit/pixel Color:
Humidity: Up To 95 Percentage Non-Condensing.
One year Parts Warranty.

3Physical Unit priceunit
in figures

PC

36

Unit pricein words

Total price

MANUFACTURER’SAUTHORIZATIONLETTER

Not Required

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

With all it is installation and configurations.

PowerEdge R940 Rack server.

2

Description:
Processor: Up to four 2nd Generation Intel® Xeon® Scalable
processors, up to 28 cores each.
I/O & Ports: Network daughter card options 4x 1GbE, 4x
10GbE, 2x 10GbE+2x 1GbE, or 2x 25GbE Front ports: 1 x
Dedicated iDRAC Direct USB, 2 x USB 3.0, 1 x VGA Rear
ports: 1 x Dedicated iDRAC network port, 1 x Serial, 2 x USB
3.0, 1 x VGA Video card: 2 x VGA Up to 13 x Gen3 slots, (3 x8+ 10 x16).
RAM: 48 DDR4 DIMM slots, Supports RDIMM /LRDIMM,
128 GB RAM.
Storage: 8TB SSD
Dimensions: Form factor: Rack (3U)2

PC

RequiredServer® LTSC with Hyper-V Oracle® Linux and
VMware ESXI.
Operating system: windows server Standard 64bit 2016.

2

Not Required

4

Antivirus for Server: anti malware Licensed.

4

PC
PC

5

SQL server 2016 64 bit licensed.

1

PC

Not Required3

PC

Not Required

Supported operating systems: Microsoft Windows
3




6





Label PrinterLabel on the go with a rechargeable, handheld printeror customize labels with fonts and graphics on yourcomputer through PC or Mac* connection
Enjoy this portable label maker’s long-lasting
rechargeable battery pack and type text quickly on
the computer-style QWERTY keyboard
Create high-quality labels for all your organizational
needs with font sizes, 7 text styles, 8 boxes plus
underline, and 220 symbols and clip art
With Cartridges(2x) and paper roll (2x) Extra
Includes: Label Manager 280 Label Maker, D1
Starter Tape, Black on White 12 mm x 3 m,
Rechargeable Lithium-Ion Battery, USB Cable,
Charging Adapter, Quick Start Guide, 1-Year37

Not Required

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

Warranty

78

942U Standard-Depth Server Rack
 Smart Rack enclosures are designed for secure, highdensity server and networking applications in IT
environments.
 42U Smart Rack enclosure with doors and sidepanels.
 Adjustable mounting rails with easy view depth index
and tool less mounting slots for PDUs and vertical
cable
Managers; Locking, removable, reversible front
and rear doors.
With All of it is Accessories.
Barcode Scanner Compatible with 2.4G Wireless & Bluetooth
Function & Wired Connection, Connect Smart
Phone, Tablet, PC, CCD Bar Code Reader Work with
Windows, Mac, Android and iOS scanner's CCD sensor Engine Support reading linear
barcode directly from a Computer Screen and mobilephone 2000mAh battery squeeze up to 30 hours ofcontinuous scanning for your inventories or working
hours, easily recharge in only 2 hours via theincluded USB charging cable.
Latest Model With one Year Warranty
Barcode Printer 200 MHz 32-Bit Risc Processor with 8 Mb Sdram, 4
Mb Flash Memory 203 Dpi
 300 Meter Ribbon Supply On A 1" Core (CoatedSide Out) Internally Scalable True Type Fonts
 5 Inches Per Second Print Speed
 USB 2.0 & Rs-232C Interfaces, 300 Meter Ribbon
Supply On A 1" Core (Coated Side Out)

1

PC

Required350

PC

Not Required

60

PC

Not Required38

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

10

 Latest Model With one Year Warranty
Wired mouse and keyboard

50

Unit

Not Required11

Wireless mouse and keyboard

50

Unit

Not Required

12

SHARP Digital Laser Full Color. Multifunction PrinterCopier/or Equivalent.
DX-2000U Sharp, 20 CMP PPM in A4 CPM A3. Control
Panel Display: 7.O Inch Color LCD Touchscreen
DX-2000U (Base Unit),
Network Printer,
Network Scanner,
Built with MX-RP18 Reversing single pass feeder
Warm-Up Time: Less Than 45 Seconds, Paper Size: ax
A3 min A5
Copier/ Printer Memory: Standard: 2GB,
Resolution Scan Color: 600*600DPl,
First copy Time: Full Color 10 Sec B/W 7.4Sec
Continuous paper: 999(Color only) zoom Range: 25
File Formats: TlFF
0/0400 0/0,With one seat toner for sharp DX- 2000U
With it is installation

6

PC

Not Required

13

Sharp DX-2000u Toner

12

Site

Not Required

14

Sharp DX-2000u only black toner

20

PC

Not Required

Total Bid Price

Name of Bidder [] Signature of Bidder[] Date39

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

PRICE SCHEDULE FOR GOODS MANUFACTURED OUTSIDE THE ISLAMIC REPUBLIC OF AFGHANISTANALREADY IMPORTED:GROUP C BIDS – CURRENCIES IN ACCORDANCE WITH ITB SUB-CLAUSE 15
FORM SBF/G/05
Bid Package No:

Afghanpost/1400/G-2439

Date
Pages

1
Line
Item
No.

2
3
4
5
6
Descripti Countr Delivery Quantit Unit priceon of
y of Date as y andincludingGoods Origin defined physica Custom
byl unit Duties andIncoter
Importms
Taxes paid,inaccordancewith ITB
14.6(c)(i)

7
8
9
10
11
CustomUnit Price Price per
Price per line
Sales and
Duties andnet ofline item
item for inland
other taxes
Importcustomnet oftransportation
paid orTaxes paid duties and Custom and other services payable perper unit inimport
Duties and required in theitem ifaccordance taxes, in
ImportIslamic Republic Contract iswith ITB accordanceTaxes
of Afghanistan to awarded (in14.6(c)(ii) with ITB
paid, in convey the goods accordance[to be14.6 (c)accordanc
to their final
with ITB
supported(iii)
e withdestination, as
14.6 (c) (iv)by(Col. 6
ITB
specified in BDS
documentsminus
14.6(c)(i)in accordance]
Col.7)(Col. 58) with ITB 14.6
(c)(v)

40

12
Total Priceper line item(Col. 9+10)

National Procurement Authority – Standard Bidding Documents for Procurement of Goods[Insert [Insert
number name ofof the Goods]
item][Insert [Insert [Insert [Insert unit
countr quoted number price per
y of
Delivery of units unit]
origin Date]to beof thesupplie
Goods
d and
]
name
of thephysical unit][Insertcustomduties andtaxes paid
per unit][Insert unit
price netof customduties andimporttaxes][Insertprice perline item
net ofcustomduties andimporttaxes][Insert price perline item forinlandtransportationand otherservices requiredin the Islamic
Republic of
Afghanistan][Insert sales
and othertaxes
payable peritem if
Contract isawarded][Insert total
price per line
item]

Total Bid
Price
Name of Bidder [Insert the name of the Bidder] Signature of Bidder [Insert the signature of the person signing the Bid] Date [Insert date]41

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

PRICE SCHEDULE FOR GOODS MANUFACTURED IN THE ISLAMIC REPUBLIC OF AFGHANISTAN:
GROUP A AND B BIDS – CURRENCIES IN ACCORDANCE WITH ITB SUB-CLAUSE 15
Bid Package No:

Afghanpost/1400/G-2439

Date
Pages
1
2
3
Line Description Delivery
Itemof Goods
Date asNo.
definedby
Incoterms[Insertnumberof theitem][Insertname of
Goods][InsertquotedDeliveryDate]

4
Quantity andphysical unit

5
6
7
8
9
10
Unit
Total
Price per line item Cost of local labor, raw
Sales andTotal
price EXW pricefor inlandmaterials andother taxes
Price perEXW
per linetransportation andcomponents from withpayable per line item
item
other services
origin in the Islamicline item if(Col.
required in the
Republic of Afghanistan
Contract is
6+7)(Col. 45)
Islamic Republic of% of Col. 5
awarded (inAfghanistan toaccordance
convey the Goods
with ITB
to their final
14.6(a)(ii)
destination[Insert[Insert[Insert[Insert the[Insert cost of local[Insert sales[Insertnumber of
EXW total EXW
corresponding
labor, raw material andand other
total
units to beunit
price per price per line item] components from within taxes payable price persupplied and price] line item]
the Islamic Republic of per line item if
item]
name of the
Afghanistan as a % of the Contract isphysical unit]
EXW price per line item]
awarded]Total Price
Name of Bidder [Insert the name of the Bidder] Signature of Bidder [Insert the signature of the person signing the Bid] Date [Insert date]

42

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

PRICE AND COMPLETION SCHEDULE FOR RELATED SERVICESCURRENCIES IN ACCORDANCE WITH ITB SUB-CLAUSE 15
FORM SBF/G/07
Bid Package No:

Afghanpost/1400/G-2439

Date
Pages
1
ServiceNo.

2
3
Description of Services (excludes Country
inland transportation and otherof Originservices required in the Islamic
Republic of Afghanistan to convey
the goods to their final destination)[Insert[Insert name of Services][Insertnumbercountry ofof theorigin ofService]theServices]

4
Delivery Dateat place of Final
destination

5
Quantity and physical unit

6
Unit price7
Total Price per
Service(Col. 5x6 or
estimate)[Insert delivery
date at place of
final
destination per
Service][Insert number of units to besupplied and name of thephysical unit][Insert unit
price per
item]

[Insert total
price per item]

Total Bid Price
Name of Bidder [Insert the name of the Bidder] Signature of Bidder [Insert the signature of the person signing the Bid] Date [Insert
date]

43

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

BID SECURITY: BANK GUARANTEEFORM SBF/G/08
Invitation for Bid No:

Afghanpost/1400/G-2439

DatePage [] of [] pages[This Bank Guarantee Form for the Bid Security is to be issued by a registered bank inaccordance with the instructions indicated.]
WE, [Insert Bank’s Name and Address of Issuing Branch or Office]Beneficiary: [Insert complete Name and Address of Purchaser]
Date: [Insert the date]
BID GUARANTEE NO.: [Insert the number in figures]
have been informed that [Insert the complete Name of the Bidder], hereinafter called"THE BIDDER", has submitted to you its Bid, hereinafter called "THE BID", for the
execution of [Insert the Name of contract] under Invitation for Bids No. [Insert the FFB
number] hereinafter called “THE IFB”.
Furthermore, we understand that, according to your conditions Bids must be supported bya Bid Guarantee.
At the request of the Bidder, we [Insert the name of the bank] hereby irrevocably
undertake to pay you, without cavil or argument, any sum or sums not exceeding in total
an amount of [Insert amount in figures AND in words] upon receipt by us of your firstdemand in writing accompanied by a written statement that the Bidder is in breach of its
obligation(s) under the Bid conditions, because the Bidder:(a) Has modified or withdrawn its Bid after the deadline for submission of bids
during the period of Bid validity specified by the Bidder in the Form of Bid; or(b) does not accept the correction of errors in accordance with the Instructions to
Bidders of the IFB; or(c) having been notified of the acceptance of the Bid by the Entity during the periodof Bid validity, (i) fails or refuses to furnish the Performance Security inaccordance with the ITB, or (ii) fails or refuses to execute the Contract Form.
(d) Provides bogus information about its eligibility(e) In case of debarment pursuant to provisions of Article 49 of procurement law as aresult of committing any violation in this bidding process.
44

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

This Guarantee will expire:(a) if the Bidder is the successful Bidder, upon our receipt of a copy of the
Performance Security and a copy of the Contract signed by the Bidder issued toyou upon the ITB; or(b) if the Bidder is not the successful Bidder, upon the earlier of (i) our receipt of acopy of your notification to the Bidder of the name of the successful Bidder; or(ii) twenty-eight (28) days after the expiration of the Bidder’s Bid validity period,
being [Insert the date of expiration of the Bid].
Consequently, any demand for payment under this guarantee must be received by us at
the office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758[Insert signature(s) of duly Authorized Authority (ies)]

45

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

BID SECURITY: BID-SECURING DECLARATIONFORM SBF/G/09
Bid No:Afghanpost/1400/G-2439

Alternative No.:

[Insert identification No if this is a Bid for an alternative]

Date[Insert date, as day, month and year of Bid Submission]

Page [Insert the number of page] of [Insert the total number of pages] pages[The Bidder shall fill in this Form in accordance with the instructions indicated.]
To: [Insert the complete name of the Entity]
We, the undersigned, declare that:
We understand that, according to your conditions, Bids must be supported by a BidSecuring Declaration.
We accept that we will automatically be suspended from being eligible for bidding in any
contract with the Entity for the period of time of [Insert the number of months or years]
starting on [Insert the date], if we are in breach of our obligation(s) under the Bid
conditions, because we:(a) have modified or withdrawn our Bid after the deadline for submission of bid during
the period of Bid validity specified in the Form of Bid; or(b) have not accepted the correction of errors in accordance with instructions to biddersof IFB(c) having been notified of the acceptance of our Bid by the Entity during the period of
Bid validity, (i) fail or refuse to execute the Contract; or (ii) fail or refuse to furnish
the Performance Security, if required, in accordance with the ITB.
(d) Provided bogus information about our eligibility(e) Non-provision of the contract performance guarantees in accordance with the terms
specified in the Bidding Document.
This bid declaration form considered nullified as soon as the contract performance
guarantee furnished and the contract signed by us.
Signed: [Insert the signature of the person whose name and capacity are shown]
Name: [Insert the complete Name of person signing the Bid Securing Declaration]
Duly authorized to sign the Bid for and on behalf of: [Insert the complete name of
Bidder]Dated on [Insert the day] day of [Insert the month], [Insert the year][Note: In case of a JV, the Bid-Securing Declaration must be in the name of all partners
to the JV that submits the Bid.]
46

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

MANUFACTURER’S AUTHORIZATION LETTER
FORM SBF/G/10
Bid No:Afghanpost/1400/G-2439

DatePage [] of [] pages[This letter of authorization 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.]
To: [Insert the complete name of the Purchaser]
Whereas, we [Insert complete name and address of Manufacturer] are reputable official
Manufacturers of [Insert type of Goods manufactured], having factories at [Insert full
address of Manufacturer’s factories] do hereby authorize [Insert complete name of the
Bidder] to submit a Bid the purpose of which is to provide the following Goods,
manufactured by us [Insert name and/or a brief description of the Goods], and to
subsequently negotiate and sign the Contract.
We hereby extend our full guarantee and warranty in accordance with GCC Clause 27,
with respect to the Goods offered in the Bid by the above Firm.
Signed: [Insert the signature(s) of authorized representative of the Manufacturer]
Name: [Insert complete name(s) of authorized representatives of the Manufacturer]
Title: [Insert title]
Duly authorized to sign the authorization for and on behalf of: [Insert complete name of
Bidder]Dated on: [Insert date of signing]

47

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

Form SBF/G/11
Beneficial Ownership Disclosure FormA) Instructions:
1- This Form is prepared for collection of Beneficial Ownership information.
2- The Bidder (its president or vice-president) is obliged to completely fill, sign and stamp this form and submit along with theoffer.
3- In case of JV or Consortium, each member has to fill, sign and stamp this form separately.
4- Sub-Contractor (s) has to fill, sign and stamp this form separately.
5- Successful bidder provides additional information/clarification as and when requested.
6- According this form, Beneficial Ownership: the natural person(s) who ultimately owns or controls a customer and/or the natural
person on whose behalf a transaction is being conducted. It also includes those persons who exercise ultimate effective control overa legal person or arrangement including but not limited to; principle owner or its legal representative, members of Board of
Directors/Management, Directors, Senior Managers, Trustee, Shareholders and other person(s) who directly or indirectly, wholly or
partially have control on the Company and/or affects the company’s decisions or affected from company’s benefit or loss.
7- The Contractor's (Successful Bidder) B/O information form is published in NPA website.
8- This form is referred to relevant authorities.
B) Bidder's Identity:
Dari:
Pashto:NameEnglish:License No:
Issuing Authority:
Date of Issue:

Date of Expiry:

Liability Company □LTD □Corporation □Individual Enterprise □ Other:Type ofCompany:…...........................................
C) Company's Authorities (Director, Deputy Director and Board of Directors/Management) Identification:48

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

Fathe Surnam
r
e
Name

Residential
Address

Contact Job title in theNo.
CompanyNo.

ID No.

Given
Name

Holdingshare/s(Directl
y orIndirect
ly)
Yes /
No

Percentage andAmount of
Share

Holdingshare/s(Directl
y orIndirect
ly)
Yes /
No

Percentage andAmount of
Share

Percen Amou
tage
nt

Holding the
VotingRights(Directl
y orIndirect
ly)
Yes /
No

Having theright toappoint theboard ofdirectors or
staff in thecompany(Directly or
Indirectly)
Yes / No

Holding the
VotingRights(Directl
y orIndirect
ly)
Yes /
No

Having theright toappoint theboard ofdirectors or
staff in thecompany(Directly or
Indirectly)
Yes / No123D) Shareholders Identification:
Fathe
r
Name

Surname

Residential
Address

Contact Job title in theNo.
Company(if applicable)

ID No.

No.

Given
Name

1
2
3
E) Beneficial Ownership Identification:

49

Percen Amou
tagent

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

SurnamFathe er
Name

Residential
Address

ID No.

No.

Given
Name

Contact Job
No.
title in
the
Compa
ny
(if
applicable)

Typeof B/O

Holdingshare/s(Directl
y orIndirectly - ifapplica
ble)
Yes /
No

Percentage andAmount of
Share
Percen Amou
tage
nt

Holding the
VotingRights(Directl
y orIndirect
ly)
Yes /
No

Having theright toappoint theboard ofdirectors or
staff in thecompany(Directly or
Indirectly)
Yes / No123F) Declaration
I, hereby, declare that the information provided in this form is true and accurate to the best of my knowledge. In case of hiding,contradiction and/or inaccuracy of provided information, I will be legally held responsible for.
Name:

Signature and Stamp

Job Title:

Date:
National Procurement Authority prepared this form and has the right to amend it, when required.

50

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

PART IISUPPLY REQUIREMENTS

SECTION 5

SCHEDULE OF REQUIREMENTSCONTENT
Title
1.

List of Goods and Delivery Schedule2.

List of Related Services and Completion Schedule

3.

Technical Specifications (TS)4.

Drawings

5.

Inspections and Tests[Notes for Preparing the Schedule of Requirements]
The Schedule of Requirements shall be included in the bidding documents by the
Purchaser, and shall cover, at a minimum, a description of the goods and services tobe supplied and the delivery schedule.
The objective of the Schedule of Requirements is to provide sufficient information to
enable Bidders to prepare their Bids efficiently and accurately, in particular, the Price
Schedule, for which a form is provided in Section 4. In addition, the Schedule ofRequirements, together with the Price Schedule, should serve as a basis in the eventof quantity variation at the time of award of contract pursuant to ITB Clause 41.
The date or period for delivery should be carefully specified, taking into account:(a) the implications of delivery terms stipulated in the ITB pursuant to the Incoterms
rules (i.e., EXW, or CIF, CIP, FOB, FCA terms: that “delivery” takes place whengoods are delivered to the carriers); and(b) the date prescribed herein from which the Entiy’s delivery obligations start (i.e.,
notice of award, contract signature, opening or confirmation of the letter ofcredit).]51

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

1.

LIST OF GOODS AND DELIVERY SCHEDULE
Delivery (as per Incoterms) Date

Line
Item
No.
1

2

3

4

5

6

Description of
Goods

Quantity

Physicalunit

Final (ProjectSite) Destinationas specified in
BDS

Baggage and Parcel
Inspection System,
XIS-7858

3

PC

Afghan post
warehouse

2

PC

Afghan post
warehouse

2

PC

Afghan post
warehouse

PowerEdge
R940Rack
server.
Operating system

Antivirus for Server

SQL server 2016 64
bit licensed.

PC
4

PC
1

Label Printer3

PC

Afghan post
warehouse
Afghan post
warehouse
Afghan post
warehouse

52

Earliest
Delivery Date

LatestDeliveryDate

60 days offer
contract
awarded60 days offer
contract
awarded90 days offer
contract
awarded60 days offer
contract
awarded60 days offer
contract
awarded60 days offer
contract
awarded60 days offer
contract
awarded90 days offer
contract
awarded90 days offer
contract
awarded90 days offer
contract
awarded90 days offer
contract
awarded90 days offer
contract
awardedBidder’s offered
Delivery date [tobe provided by the
Bidder]National Procurement Authority – Standard Bidding Documents for Procurement of Goods

7

8

9

10

11

12

13

14

42U
StandardDepth Server
Rack

BarcodeScanner

Afghan post
warehousePC

Afghan post
warehouse

60

PC

Afghan post
warehouse

50

Unit

Afghan post
warehouse

50

Unit

Afghan post
warehouse

6

PC

Afghan post
warehouse

350

BarcodePrinter
Wired mousekeyboard

PC

1

and

Wireless mouse andkeyboard

SHARP Digital Laser
Full
Color.
Multifunction PrinterCopier

Sharp DX-2000u
Toner

12

Site

Afghan post
warehouse

Sharp DX-2000u
only black toner

20

PC

Afghan post
warehouse53

60 days offer
contract
awarded60 days offer
contract
awarded60 days offer
contract
awarded60 days offer
contract
awarded60 days offer
contract
awarded60 days offer
contract
awarded60 days offer
contract
awarded60 days offer
contract
awarded90 days offer
contract
awarded90 days offer
contract
awarded90 days offer
contract
awarded90 days offer
contract
awarded90 days offer
contract
awarded90 days offer
contract
awarded90 days offer
contract
awarded90 days offer
contract
awardedNational Procurement Authority – Standard Bidding Documents for Procurement of Goods

2.

LIST OF RELATED SERVICES AND COMPLETION SCHEDULE[The Entity shall fill in this table; the required completion dates should be realistic, and consistent with the required Goods Delivery
Dates, as per Incoterms.}

Service

Description of Service[InsertService
No.][Insert description of Related Services]

Quantity(if applicable)[Insert quantityof items to besupplied]54

Physical Unit

[Insert physicalunit for theitems]

Place where
Services shall be
performed[Insert name of thePlace]

Final
Completion
Date(s) of
Services[InsertrequiredCompletion
Date(s)]National Procurement Authority – Standard Bidding Documents for Procurement of Goods

3.

TECHNICAL SPECIFICATIONS[Notes for Preparing Technical Specifications]

The purpose of the Technical Specifications (TS), is to define the technical characteristics of theGoods and Related Services required by the Purchaser. The Purchaser shall prepare the detailed
TS taking into account that:

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



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



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

The Purchaser and Bidder shall use metric units.

Standardizing technical specifications may be advantageous, depending on the complexity of
the goods and the repetitiveness of the type of procurement. TS should be broad enough to
avoid restrictions on workmanship, materials, and equipment commonly used in
manufacturing similar kinds of goods.

Standards for equipment, materials, and workmanship specified in the Bidding Documents
shall not be restrictive. Recognized international standards should be specified as much as
possible. Reference to brand names, catalogue numbers, or other details that limit any
materials or items to a specific manufacturer should be avoided as far as possible. Where
unavoidable, such item description should always be followed by the words “ OR SUBSTANTIALLY
EQUIVALENT”. When other particular standards or codes of practice are referred to in the TS,
whether from the Procuring Entity’s or from other eligible countries, a statement should
follow other authoritative standards that ensure at least a substantially equal quality, thenthe standards mentioned in the TS will also be acceptable.



Reference to brand names and catalogue numbers should be avoided as far as possible;
where unavoidable the words “OR AT LEAST EQUIVALENT” shall always follow such references.

Technical Specifications shall be fully descriptive of the requirements in respect of, but notlimited to, the following:(a) Standards of materials and workmanship required for the production and manufacturing of
the Goods(b) Detailed tests required (type and number).
(c) Other additional work and/or Related Services required to achieve full delivery/completion.
(d) Detailed activities to be performed by the Supplier, and participation of the Purchaser
thereon.
(e) List of detailed functional guarantees covered by the Warranty and the specification of theliquidated damages to be applied in the event that such guarantees are not met.


The TS shall specify all essential technical and performance characteristics and requirements,
including guaranteed or acceptable maximum or minimum values, as appropriate. Whenever55

National Procurement Authority – Standard Bidding Documents for Procurement of Goods
necessary, the Purchaser shall include an additional ad-hoc bidding form (to be an
Attachment to the Bid Submission Form), where the Bidder shall provide detailed information
on such technical performance characteristics in respect to the corresponding acceptable orguaranteed values.
When the Entity requests that the Bidder provides in its Bid a part or all of the TS, technicalschedules, or other technical information, the Purchaser shall specify in detail the nature andextent of the required information and the manner in which it has to be presented by the Bidder
in its Bid.
If a summary of the TS has to be provided, the Purchaser shall insert information in the tablebelow. The Bidder shall prepare a similar table to justify compliance with the requirements.
The Goods and Related Services shall comply with following TS and Standards:
Summary of Technical Specifications
Item No.

Name of Goods or Related Service

Technical Specifications and Standards

1

Baggage and Parcel Inspection System,
XIS-7858

2PowerEdge R940 Rack server.

Baggage and Parcel Inspection System, XIS-7858/ orEquivalent
X-Ray Voltage 180kV, Operating at 165kV
Tunnel Size: 77.8 cm x 58.0 cm
Dimensions: 229.2 cm x 100.6 cm x 140.0 cm
Net Weight: 587 kg (1294 lbs)
Conveyor Speed: 23 cm/s (45 ft/min) Forward or Reverse
Conveyor Height: 69.1 cm (27.2") from Floor.
Wire resolution: 40 AWG Typical, 38 AWG Standard.
Steel penetration: 39 mm Typical, 37 mm Standard.
Film safety: Guaranteed up to ISO 1600 (33DIN).
Duty cycle: 100%, No Warm-Up Procedure Required.
Processor: Intel Core i5
Memory: 4 FB RAM
Storage: 500 GB HDD, 120 GB SSD
Backup: Uninterruptible Power Supply (Computer
Operation- 20 min).
Display type and resolution: Dual 19 LCD Color
Monitors/ 1280 x 1024; 24 bit/pixel Color:
Humidity: Up To 95 Percentage Non-Condensing.
One year Parts Warranty.
With all it is installation and configurations.
PowerEdge R940 Rack server.
Description:
Processor: Up to four 2nd Generation Intel® Xeon® Scalable
processors, up to 28 cores each.
I/O & Ports: Network daughter card options 4x 1GbE, 4x
10GbE, 2x 10GbE+2x 1GbE, or 2x 25GbE Front ports: 1 x
Dedicated iDRAC Direct USB, 2 x USB 3.0, 1 x VGA Rear
ports: 1 x Dedicated iDRAC network port, 1 x Serial, 2 x USB
3.0, 1 x VGA Video card: 2 x VGA Up to 13 x Gen3 slots, (3 x8+ 10 x16).
RAM: 48 DDR4 DIMM slots, Supports RDIMM /LRDIMM,
128 GB RAM.
Storage: 8TB SSD
Dimensions: Form factor: Rack (3U)

Supported operating systems: Microsoft Windows
Server® LTSC with Hyper-V Oracle® Linux and
VMware ESXI.

56

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

3

Operating system

4

Antivirus for Server

5
6Operating system: windows server Standard 64bit 2016.
Antivirus for Server: anti malware Licensed.

SQL server 2016 64 bit licensed.

SQL server 2016 64 bit licensed.

Label Printer






7

42U Standard-Depth Server
Rack

8

Barcode Scanner

9

Barcode PrinterLabel PrinterLabel on the go with a rechargeable, handheld printeror customize labels with fonts and graphics on yourcomputer through PC or Mac* connection
Enjoy this portable label maker’s long-lasting
rechargeable battery pack and type text quickly on thecomputer-style QWERTY keyboard
Create high-quality labels for all your organizational
needs with font sizes, 7 text styles, 8 boxes plus
underline, and 220 symbols and clip art
With Cartridges(2x) and paper roll (2x) Extra
Includes: Label Manager 280 Label Maker, D1 Starter
Tape, Black on White 12 mm x 3 m, Rechargeable
Lithium-Ion Battery, USB Cable, Charging Adapter,
Quick Start Guide, 1-Year Warranty

42U Standard-Depth Server Rack
 Smart Rack enclosures are designed for secure, highdensity server and networking applications in IT
environments.
 42U Smart Rack enclosure with doors and side panels.
 Adjustable mounting rails with easy view depth index
and tool less mounting slots for PDUs and vertical
cable
Managers; Locking, removable, reversible front andrear doors.
With All of it is Accessories.
Barcode Scanner Compatible with 2.4G Wireless & Bluetooth Function& Wired Connection, Connect Smart Phone, Tablet,
PC, CCD Bar Code Reader Work with Windows,
Mac, Android and iOS scanner's CCD sensor Engine Support reading linear
barcode directly from a Computer Screen and mobilephone 2000mAh battery squeeze up to 30 hours ofcontinuous scanning for your inventories or working
hours, easily recharge in only 2 hours via the included
USB charging cable.
Latest Model With one Year Warranty
Barcode Printer 200 MHz 32-Bit Risc Processor with 8 Mb Sdram, 4
Mb Flash Memory 203 Dpi
 300 Meter Ribbon Supply On A 1" Core (Coated SideOut) Internally Scalable True Type Fonts
 5 Inches Per Second Print Speed
 USB 2.0 & Rs-232C Interfaces, 300 Meter Ribbon
Supply On A 1" Core (Coated Side Out)57

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

10

Wired mouse and keyboard

 Latest Model With one Year Warranty
Wired mouse and keyboard

11

Wireless mouse and keyboard

Wireless mouse and keyboard

12

SHARP Digital Laser Full Color.
Multifunction Printer Copier13

Sharp DX-2000u Toner

Sharp DX-2000u Toner

14

Sharp DX-2000u only black
toner

Sharp DX-2000u only black toner

SHARP Digital Laser Full Color. Multifunction PrinterCopier/or Equivalent.
DX-2000U Sharp, 20 CMP PPM in A4 CPM A3. Control
Panel Display: 7.O Inch Color LCD Touchscreen
DX-2000U (Base Unit),
Network Printer,
Network Scanner,
Built with MX-RP18 Reversing single pass feeder
Warm-Up Time: Less Than 45 Seconds, Paper Size: ax A3
min A5
Copier/ Printer Memory: Standard: 2GB,
Resolution Scan Color: 600*600DPl,
First copy Time: Full Color 10 Sec B/W 7.4Sec
Continuous paper: 999(Color only) zoom Range: 25
File Formats: TlFF
0/0400 0/0,With one seat toner for sharp DX- 2000U
With it is installation[Detailed Technical Specifications and Standards: Insert detailed description of TS, whenevernecessary.]
Note: installation and configuration of printers and x ray Machen’s in the post offices is required
to be done by contractor

3.

TECHNICAL DRAWINGS:

These Bidding Documents includes [Insert “THE FOLLOWING” or “NO”] drawings.

[If documents shall be included, insert also the List of Drawings.]
List of Drawings
Drawing No.

Drawing Name

Purpose58

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

5.

INSPECTIONS AND TESTSVerification that the items are new and unused
Confirmation of serial and part number
Inspection for any physical damage;
Verification of serial numbers as per invoice.
Any other test to ensure that the goods supplied are as per technical specification Le.
Brand confirmation, online verification of parts and model number original manufacturer
etc.

59

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

PART IIICONTRACTSECTION 6

GENERAL CONDITIONS OF CONTRACT (GCC)

SECTION 7

SPECIAL CONDITIONS OF CONTRACT (SCC)

SECTION 8

CONTRACT FORMS

60

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

SECTION 6

1.

Definitions

1.1

GENERAL CONDITIONS OF CONTRACT

The following words and expressions shall have the meaning hereby
assigned to them:(a)“GOVERNMENT” means the Government of the Islamic Republicof Afghanistan.

(b)“CONTRACT” means the Contract Agreement entered into
between the Entity and the Supplier, together with the Contract
Documents referred to therein, including all attachments,
appendices, and all documents incorporated by reference
therein.

(c)“CONTRACT DOCUMENTS” means the documents listed in theContract Agreement, including any amendments thereto.

(d)“CONTRACT PRICE” means the price payable to the Supplier as
specified in the Contract Agreement, subject to such additions
and adjustments thereto or deductions there from, as may bemade pursuant to the Contract.

(e)“DAY” means calendar day.

(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,machinery and equipment, and/or other materials that theSupplier is required to supply to the Entity under the Contract.

(i)“ENTITY” means the entity purchasing the Goods and Related
Services, as specified in the SCC.

(j)

“RELATED SERVICES” means the services incidental to the
supply of the goods, such as insurance, installation, training andinitial maintenance and other such obligations of the Supplier
under the Contract.

(k)“SCC” means the Special Conditions of Contract.

(l)“SUBCONTRACTOR” means any natural person, private or
government entity, or a combination of the above, to which any
part of the Goods to be supplied or execution of any part of theRelated Services is subcontracted by the Supplier.

(m)“SUPPLIER” means the natural person, private or government
entity, or a combination of the above, whose Bid to perform theContract has been accepted by the Entity and is named as such in61

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

the Contract Agreement.
(n)“THE PROJECT SITE”, where applicable, means the place namedin the SCC.

2.

Contract
Documents

2.1

Subject to the order of precedence set forth in the Contract Agreement,
all documents forming the Contract (and all parts thereof) are intended tobe correlative, complimentary and mutually explanatory. The Contract
agreement shall be read as a whole.

3.

Fraud andCorruption

3.1

If the Entity determines that the Supplier has engaged in corrupt,
fraudulent, collusive, coercive or obstructive practices, in competing foror in executing the Contract, then the Entity may, after giving 14 days
notice to the Supplier, terminate the Supplier's employment under theContract and cancel the contract, and the provisions of Clause 35 shallapply as if such expulsion had been made under Sub-Clause 35.1.
(a)

For the purposes of this Sub-Clause:(i) “CORRUPT PRACTICE” is the offering, giving, receiving or
soliciting, directly or indirectly, of anything of value toinfluence improperly the actions of another party;(ii) “FRAUDULENT PRACTICE” is any actor omission, including amisrepresentation, that knowingly or recklessly misleads, orattempts to mislead, a party to obtain a financial or otherbenefit or to avoid an obligation;(iii) “COLLUSIVE PRACTICE” is an arrangement between two or
more parties designed to achieve an improper purpose,including to influence improperly the actions of anotherparty;(iv) “COERCIVE PRACTICE” is impairing or harming, or threatening
to impair or harm, directly or indirectly, any party or theproperty of the party to influence improperly the actions of aparty;(v) “OBSTRUCTIVE

PRACTICE” is “OBSTRUCTIVE PRACTICE” isdeliberately destroying, falsifying, altering or concealing ofevidence material to the investigation or making false statements
to investigators in order to materially impede a Government
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 mattersrelevant to the investigation or from pursuing the investigation; oracts intended to materially impede the exercise of theGovernment’s inspection and audit rights.

3.2

Should any employee of the Supplier or the Entity be determined to haveengaged in corrupt, fraudulent, collusive, coercive, or obstructive
practice during the purchase of the Goods, then that employee shall be
62National Procurement Authority – Standard Bidding Documents for Procurement of Goods

removed and is liable to prosecution. As well as payment of penalties
and compensation.
Procurement Officials are also liable toadministrative sanctions.
4.

Interpretation

4.1

If the context so requires it, singular also means plural and vice versa.

4.2

Incoterms(a) Unless inconsistent with any provision of the Contract, the meaningof any trade term and the rights and obligations of parties there
under shall be as prescribed by Incoterms, as stated in the SCC;(b) The terms, when used, shall be governed by the rules prescribed in
the current edition of Incoterms specified in the SCC andpublished by the International Chamber of Commerce in Paris,
France.

4.3

Entire Agreement
The Contract constitutes the entire agreement between the Entity and theSupplier and supersedes all communications, negotiations andagreements (whether written or oral) of the parties with respect thereto
made prior to the date of Contract.

4.4

Amendment
No amendment or other variation of the Contract shall be valid unless it isin writing, is dated, expressly refers to the Contract, and is signed by aduly authorized representative of each party thereto.

4.5

4.6

Non-waiver(a)

Subject to GCC Sub-Clause 4.5(b) below, no relaxation,
forbearance, delay, or indulgence by either party in enforcing anyof the terms and conditions of the Contract or the granting of timeby either party to the other shall prejudice, affect, or restrict therights of that party under the Contract, neither shall any waiver byeither 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 theContract 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.

Severability
If any provision or condition of the Contract is prohibited or renderedinvalid or unenforceable, such prohibition, invalidity or unenforceability
shall not affect the validity or enforceability of any other provisions andconditions of the Contract.
63

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

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 anotherlanguage provided they are accompanied by an accurate translation of
the relevant passages in the language specified, in which case, forpurposes of interpretation of the Contract, this translation shallgovern.

5.2

The Supplier shall bear all costs of translation to the governing
language and all risks of the accuracy of such translation, fordocuments provided by the Supplier.

6.

Joint Venture

6.1

If the Supplier is a joint venture (JV), a consortium, or association, all of
the parties shall be jointly and severally liable to the Entity for thefulfillment of the provisions of the Contract and shall designate one party
to act as a leader with authority to bind the JV, consortium, or
association. The composition or the constitution of the JV, consortium,or association shall not be altered without the prior consent of thePurchaser.

7.

Eligibility

7.1

The Supplier and its Subcontractors shall have the nationality of aneligible country. A Supplier or Subcontractor shall be deemed to havethe nationality of a country if it is a citizen or constituted, incorporated,or registered, and operates in conformity with the provisions of the lawsof that country.

7.2

All Goods and Related Services to be supplied under the Contract andfinanced by the Government shall have their origin in Eligible Countries.
For the purpose of this Clause, origin means the country where the goods
have been grown, mined, cultivated, produced, manufactured, orprocessed; or through manufacture, processing, or assembly, anothercommercially recognized article results that differs substantially in its
basic characteristics from its components.

8.1

Any notice given by one party to the other pursuant to the Contract shallbe in writing to the address specified in the SCC. The term “IN
WRITING” means communicated in written form with proof of receipt.

8.2

A notice shall be effective when delivered or on the notice’s effective
date, whichever is later.

9.1

The Contract shall be governed by and interpreted in accordance withthe laws of the Islamic Republic of Afghanistan.

8.

9.

Notices

Governing
Law

10. Settlement of

10.1 The Entity and the Supplier shall make every effort to resolve amicably
by direct informal negotiation any disagreement or dispute arising64

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

Disputes

between them under or in connection with the Contract
10.2 If, after twenty-eight (28) days, the parties have failed to resolve theirdispute or difference by such mutual consultation, Arbitration
proceedings shall be conducted in accordance with the rules of procedure
specified in the SCC.
10.3 Notwithstanding any reference to arbitration herein,(a) the parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree;and(b) the Entity shall pay the Supplier any monies due the Supplier.

11. Inspections
and Audit by
theGovernment

11.1 The Supplier shall permit the Government and/or persons appointed by
the Government to inspect the Supplier’s offices and/or the accounts andrecords of the Supplier and its sub-contractors relating to theperformance of the Contract, and to have such accounts and records
audited by auditors appointed by the Government if required by theGovernment. The Supplier’s attention is drawn to Clause 3, which
provides, inter alia, that acts intended to materially impede the exerciseof the Government’s inspection and audit rights provided for under SubClause 11.1 constitute a prohibited practice subject to contract
termination (as well as to a determination of ineligibility under theProcurement Guidelines).

12. Scope ofSupply12.1 The Goods and Related Services to be supplied shall be as specified in
the Schedule of Requirements.

13. Delivery andDocuments

13.1 Subject to GCC Sub-Clause 33.1, the Delivery of the Goods andCompletion of the Related Services shall be in accordance with the
Delivery and Completion Schedule specified in the Schedule ofRequirements. The details of shipping and other documents to be
furnished by the Supplier are specified in the SCC.

14. Supplier’s
Responsibilities

14.1 The Supplier shall supply all the Goods and Related Services included in
the Scope of Supply in accordance with GCC Clause 12, and the
Delivery and Completion Schedule, as per GCC Clause 13.

15. ContractPrice

15.1 Prices charged by the Supplier for the Goods supplied 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 priceadjustments authorized in the SCC.

16. Terms ofPayment

16.1 The Contract Price, including any Advance Payments, if applicable, shallbe paid as specified in the SCC.
16.2 The Supplier’s request for payment shall be made to the Entity in
65National Procurement Authority – Standard Bidding Documents for Procurement of Goods

writing, accompanied by invoices describing, as appropriate, the Goods
delivered and Related Services performed, and by the documents
submitted pursuant to GCC Clause 13 and upon fulfillment of all otherobligations stipulated in the Contract.
16.3 Payments shall be made promptly by the Entity, but in no case later than
thirty (30) days after submission of an invoice or request for payment by
the Supplier, Clause 39 of Procurement Law is applicable.
16.4 The currencies in which payments shall be made to the Supplier under
this Contract shall be Afghani unless otherwise those currencies whichstated in BDS.
16.5 In the event that the Entity fails to pay the Supplier any payment by its
due date or within the period set forth in the SCC, the Entity shall pay
to the Supplier interest on the amount of such delayed payment at the rate
shown in the SCC, for the period of delay until payment has been madein full, whether before or after judgment or arbitrage award.
17. Taxes andDuties17.1 For goods manufactured outside the Islamic Republic of Afghanistan, theSupplier shall be entirely responsible for all taxes, including Business
Receipt Tax, stamp duties, license fees, and other such levies imposed
outside the Islamic Republic of Afghanistan.
17.2 For goods Manufactured within the Islamic Republic of Afghanistan, theSupplier shall be entirely responsible for all taxes, duties, license fees,
etc., incurred until delivery of the contracted Goods to the Purchaser.
17.3 If any tax exemptions, reductions, allowances or privileges may beavailable to the Supplier in the Islamic Republic of Afghanistan, theEntity shall use its best efforts to enable the Supplier to benefit from any
such tax savings to the maximum allowable extent.

18. Performance
Security

18.1 As specified in the SCC, the Supplier shall furnish contract performance
security in the amount specified in the SCC. Within ten (10) days of thenotification of award.
18.2 The proceeds of the Performance Security shall be payable to the Entity
as compensation for any loss resulting from the Supplier’s failure tocomplete its obligations under the Contract
18.3 As specified in the SCC, the Performance Security, if required, shall bedenominated in the currency (ies) of the Contract, or in a freely
convertible currency acceptable to the Purchaser; and shall be in one of
the format stipulated by the Entity in the SCC, or in another format
acceptable to the Purchaser.
18.4 The Performance Security shall be discharged by the Entity and returned
66National Procurement Authority – Standard Bidding Documents for Procurement of Goods

to the Supplier not later than twenty-eight (28) days following the date ofCompletion of the Supplier’s performance obligations under theContract, including any warranty obligations, unless specified otherwise
in the SCC.
19. Copyright19.1 The copyright in all drawings, documents, and other materials containing
data and information furnished to the Entity by the Supplier herein shallremain vested in the Supplier, or, if they are furnished to the Entity
directly or through the Supplier by any third party, including suppliers ofmaterials, the copyright in such materials shall remain vested in suchthird party.

20. Confidential
Information

20.1 The Entity and the Supplier shall keep confidential and 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 indirectlyby the other party hereto in connection with the Contract, whether suchinformation has been furnished prior to, during or following completionor termination of the Contract. Notwithstanding the above, the Supplier
may furnish to its Subcontractor such documents, data, and otherinformation it receives from the Entity to the extent required for the
Subcontractor to perform its work under the Contract, in which event theSupplier shall obtain from such Subcontractor an undertaking ofconfidentiality similar to that imposed on the Supplier under GCC
Clause 20.
20.2 The Entity 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 otherinformation received from the Entity for any purpose other than theperformance of the Contract.
20.3 The obligation of a party under GCC Sub-Clauses 20.1 and 20.2 above,
however, shall not apply to information that:(a) the Entity or Supplier need to share with the Government or otherinstitutions participating in the financing of the Contract;(b) now or hereafter enters the public domain through no fault of thatparty;(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.
20.4 The above provisions of GCC Clause 20 shall not in any way modify any
undertaking of confidentiality given by either of the parties hereto prior
67

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

to the date of the Contract in respect of the Supply or any part thereof.
20.5 The provisions of GCC Clause 20 shall survive completion or
termination, for whatever reason, of the Contract.
21. Subcontracting21.1 The Supplier shall notify the Entity in writing of all subcontracts
awarded under the Contract if not already specified in the Bid. The
subcontracts should not alter the bid in any material way. Such
notification, in the original Bid or later shall not relieve the Supplier fromany of its obligations, duties, responsibilities, or liability under theContract.
21.2 Subcontracts shall comply with the provisions of GCC Clauses 3 and 7.
21.3 If any subcontracting valuing up to 20% of the performance of thecontract granted without written consent of the procuring entity, or
subcontracting exceeds 20% of the original contract value or the contract
is granted as a whole to the subcontractor, the provision of this law as
well as the procurement contract signed between the parties involved
shall be breached and considered as violation resulting in forfeiture of theperformance security and termination of the contract whereby thecontractor shall be subject to prosecution under the Law.

22. Specifications andStandards

22.1 Technical Specifications and Drawings(a) The Goods and Related Services supplied under this Contract shallconform to the technical specifications and standards mentioned in
Section 5 Schedule of Requirements and, when no applicablestandard is mentioned, the standard shall be equivalent or superior
to the official standards whose application is appropriate to theGoods’ country of origin(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 thePurchaser, by giving a notice of such disclaimer to the Purchaser.
(c) Wherever references are made in the Contract to codes andstandards in accordance with which it shall be executed, the editionor the revised version of such codes and standards shall be thosespecified in the Schedule of Requirements. During Contract
execution, any changes in any such codes and standards shall beapplied only after approval by the Entity and shall be treated inaccordance with GCC Clause 33.

23. Packing andDocuments

23.1 The Supplier shall provide such packing of the Goods as is required toprevent their damage or deterioration during transit to their finaldestination, as indicated in the Contract. During transit, the packing shallbe sufficient to withstand, without limitation, rough handling and68

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

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 goods’ final destination and theabsence of heavy handling facilities at all points in transit.
23.2 The packing, marking, and documentation within and outside thepackages 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.
24. Insurance

24.1 Unless otherwise specified in the SCC, the Goods supplied under theContract shall be fully insured -in a freely convertible currency froman eligible country- against loss or damage incidental to manufactureor acquisition, transportation, storage, and delivery, in accordancewith the applicable Incoterms or in the manner specified in the SCC.

25. Transportation25.1 Unless otherwise specified in the SCC, responsibility for arranging
transportation of the Goods shall be in accordance with the specified
Incoterms.

26. Inspections
and Tests

26.1 The Supplier shall at its own expense and at no cost to the Entity carryout all such tests and/or inspections of the Goods and Related Services as
are specified in the SCC.
26.2 The inspections and tests may be conducted on the premises of the
Supplier or its Subcontractor, at point of delivery, and/or at the Goods’
final destination, or in another place in the Islamic Republic of
Afghanistan as specified in the SCC. Subject to GCC Sub-Clause 26.3,
if conducted on the premises of the Supplier or its Subcontractor, allreasonable facilities and assistance, including access to drawings andproduction data, shall be furnished to the inspectors at no charge to thePurchaser.
26.3 The Entity or its designated representative shall be entitled to attend thetests and/ or inspections referred to in GCC Sub-Clause 26.2, provided
that the Entity bear all of its own costs and expenses incurred inconnection with such attendance including, but not limited to, alltravelling and board and lodging expenses
26.4 Whenever the Supplier is ready to carry out any such test and inspection,
it shall give a reasonable advance notice, including the place and time, tothe Purchaser. The Supplier shall obtain from any relevant third party or
manufacturer any necessary permission or consent to enable the Entity or
its designated representative to attend the test and/or inspection.
26.5 The Entity may require the Supplier to carry out any test and/or
inspection not required by the Contract but deemed necessary to verify
69National Procurement Authority – Standard Bidding Documents for Procurement of Goods

that the characteristics and performance of the Goods comply with thetechnical specifications codes and standards under the Contract, provided
that the Supplier’s reasonable costs and expenses incurred in the carryingout of such test and/or inspection shall be added to the Contract Price.
Further, if such test and/or inspection impedes the progress ofmanufacturing 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.
26.6 The Supplier shall provide the Entity with a report of the results of any
such test and/or inspection.
26.7 The Entity 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 costto 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 26.4.
26.8 The Supplier agrees that neither the execution of a test and/or inspectionof the Goods or any part thereof, nor the attendance by the Entity or its
representative, nor the issue of any report pursuant to GCC Sub-Clause
26.6, shall release the Supplier from any warranties or other obligations
under the Contract.
27. Penalty

27.1 If the Supplier fails to deliver any or all of the Goods and/or perform therelated Services within the period specified in the Contract, pursuant toarticle [39] of the law and rule [108] of the Rules of Procedure, the entity
deducts penalties from the Contract Price. When the total percentage ofdelay penalty reach [10%] of the contract value, the contract would beterminated pursuant to GCC Clause 35.

28. Warranty

28.1 The Supplier warrants that all the Goods are new, unused, and of themost recent or current models, and that they incorporate all recent
improvements in design and materials, unless provided otherwise in theContract.
28.2 Subject to GCC Sub-Clause 22.1(b), 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, undernormal use in the conditions prevailing in the country of final destination.
28.3 Unless otherwise specified in the SCC, the warranty shall remain valid
for twelve (12) months after the Goods, or any portion thereof as the casemay be, have been delivered to and accepted at the final destination
indicated in the SCC, or for eighteen (18) months after the date of70

National Procurement Authority – Standard Bidding Documents for Procurement of Goods

shipment from the port or place of loading in the country of origin,whichever period concludes earlier.
28.4 The Entity 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 Entity shall afford all reasonable opportunity
for the Supplier to inspect such defects.
28.5 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.
28.6 If having been notified, the Supplier fails to remedy the defect within the
period specified in the SCC, the Entity may proceed to take within areasonable period such remedial action as may be necessary, at theSupplier’s risk and expense and without prejudice to any other rights
which the Entity may have against the Supplier under the Contract.
29. Patent
Indemnity

29.1 The Supplier shall, subject to the Purchaser’s compliance with GCC SubClause 29.2, indemnify and hold harmless the Entity 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 Entity may
suffer as a result of any infringement or alleged infringement of any
patent, utility model, registered design, trademark, copyright, or otherintellectual 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 Goodsin 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 fromthe Contract, neither any infringement resulting from the use of theGoods or any part thereof, or any products produced thereby inassociation or combination with any other equipment, plant, or materials
not supplied by the Supplier, pursuant to the Contract.
29.2 If any proceedings are brought or any claim is made against the Entity
arising out of the matters referred to in GCC Sub-Clause 29.1, the Entity
shall promptly give the Supplier a notice thereof, and the Supplier may atits 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.
29.3 If the Supplier fails to notify the Entity within twenty-eight (28) days
after receipt of such notice that it intends to conduct any such
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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

proceedings or claim, then the Entity shall be free to conduct the same on
its own behalf.
29.4 The Entity shall, at the Supplier’s request, afford all available assistanceto the Supplier in conducting such proceedings or claim, and shall bereimbursed by the Supplier for all reasonable expenses incurred in sodoing.
29.5 The Entity shall indemnify and hold harmless the Supplier and its
employees, officers, and Subcontractors from and against any and allsuits, actions or administrative proceedings, claims, demands, losses,
damages, costs, and expenses of any nature, including Attorney’s feesand 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 arisingout of or in connection with any design, data, drawing, specification, orother documents or materials provided or designed by or on behalf of the
Entity.
30. Limitation of
Liability

30.1 Except in cases of criminal negligence or willful misconduct:(a) the Supplier shall not be liable to the Purchaser, whether incontract, tort, or otherwise, for any indirect or consequential loss
or damage, loss of use, loss of production, or loss of profits orinterest costs, provided that this exclusion shall not apply to any
obligation of the Supplier to pay liquidated damages to thePurchaser; 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 thecost of repairing or replacing defective equipment, or to any
obligation of the supplier to indemnify the entity with respect topatent infringement.
31. Change inLaws and
Regulations

31.1 Unless otherwise specified in the Contract, if after the date of 28 days
prior to date of Bid submission, any law, regulation, ordinance, order,
circular or bylaw having the force of law is enacted, promulgated,abrogated, or changed in the place of the Islamic Republic of
Afghanistan 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 for72National Procurement Authority – Standard Bidding Documents for Procurement of Goodsin the price adjustment provisions where applicable.
32. Force
Majeure32.1 The Supplier shall not be liable for forfeiture of its Performance Security,
liquidated damages, or termination for default if and to the extent that it’sdelay in performance or other failure to perform its obligations under theContract is the result of an event of Force Majeure.
32.2 For purposes of this Clause, “FORCE MAJEURE” means an event or
situation beyond the control of the Supplier that is not foreseeable, isunavoidable, and its origin is not due to negligence or lack of care on thepart of the Supplier. Such events may include, but not be limited to, actsof the Entity in its sovereign capacity, wars or revolutions, fires, floods,
epidemics, quarantine restrictions, and freight embargoes.
32.3 If a Force Majeure situation arises, the Supplier shall promptly notify the
Entity in writing of such condition and the cause thereof. Unlessotherwise directed by the Entity in writing, the Supplier shall continue toperform its obligations under the Contract as far as is reasonably
practical, and shall seek all reasonable alternative means for performancenot prevented by the Force Majeure event.

33. Change
Orders andContract
Amendments

33.1 The Entity may at any time order the Supplier through notice inaccordance GCC Clause 8, to make changes within the general scope of
the Contract in any one or more of the following:(a) drawings, designs, or specifications, where Goods to be furnishedunder 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.
33.2 If any such change causes an increase or decrease in the cost of, or thetime required for, the Supplier’s performance of any provisions under theContract, an equitable adjustment shall be made in the Contract Price orin the Delivery/ Completion Schedule, or both, and the Contract shallaccordingly be amended. Any claims by the Supplier for adjustment
under this Clause must be asserted within twenty-eight (28) days fromthe date of the Supplier’s receipt of the Purchaser’s change order.
33.3 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.
33.4 Subject to the above, no variation in or modification of the terms of theContract shall be made except by written amendment signed by the73National Procurement Authority – Standard Bidding Documents for Procurement of Goods

parties.
34. Extensions of 34.1 If at any time during performance of the Contract, the Supplier or its
Timesubcontractors should encounter conditions impeding timely delivery of
the Goods or completion of Related Services pursuant to GCC Clause
13, the Supplier shall promptly notify the Entity in writing of the delay,
its likely duration, and its cause. As soon as practicable after receipt of
the Supplier’s notice, the Entity shall evaluate the situation and may at its
discretion extend the Supplier’s time for performance, in which case theextension shall be ratified by the parties by amendment of the Contract.
34.2 Except in case of Force Majeure, as provided under GCC Clause 32, adelay 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 isagreed upon, pursuant to GCC Sub-Clause 34.1.
35. Contract
Termination

35.1

Termination due to the contractual violation(a)

The Purchaser, without prejudice to any other remedy forbreach of Contract, by written 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 Entity pursuant to GCC Clause 34;(ii) if the Supplier fails to perform any other obligation under
the Contract; or(iii) if the Supplier, in the judgment of the Entity has engaged infraud and corruption, as defined in GCC Clause 3, incompeting for or in executing the Contract.

(b)

In the event the Entity terminates the Contract in whole or inpart, pursuant to GCC Clause 35.1(a), the Entity 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 Entity for any
additional costs for such similar Goods or Related Services.
However, the Supplier shall continue performance of theContract to the extent not terminated.

35.2 Termination for Insolvency.
(a) The Entity may at any time terminate the Contract by giving noticeto 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 oraffect any right of action or remedy that has accrued or will accrue
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thereafter to the Entity.
(b) Unilateral termination by Entity the Entity, by 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 Entity’s convenience, the extent to which
performance of the Supplier under the Contract is terminated, andthe date upon which such termination becomes effective.
(c) The Goods that are complete and ready for shipment within twentyeight (28) days after the Supplier’s receipt of notice of termination
shall be accepted by the Entity at the Contract terms and prices. For
the remaining Goods, the Entity 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.
36. Assignment

36.1 Neither the Entity nor the Supplier shall assign, in whole or in part, their
obligations under this Contract, except with prior written consent of theother party.

37. Export
Restriction

37.1 Notwithstanding any obligation under the Contract to complete all export
formalities, any export restrictions attributable to the Entity, to theIslamic Republic of Afghanistan, or to the use of the products/ goods,
systems or services to be supplied, which arise from trade regulations
from a country supplying those products/ goods, systems or services, andwhich substantially impede the Supplier from meeting its obligations
under the Contract, shall release the Supplier from the obligation toprovide deliveries or services, always provided, however, that theSupplier can demonstrate to the satisfaction of the Entity and of theGovernment that it has completed all formalities in a timely manner,
including applying for permits, authorizations and licenses necessary forthe export of the products/ goods, systems or services under the terms of
the Contract. .

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SECTION 7

SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract (SCC) shall supplement and/or amend theGeneral Conditions of Contract (GCC). Whenever there is a conflict, the provisions
herein shall prevail over those in the GCC.
[Instructions for completing the SCC are provided, as needed, in the notes in italics
mentioned for the relevant GCC clauses. The Entity shall select insert the appropriate
wording using the samples below or other acceptable wording, and DELETE THE TEXT INITALICS.]GCC Clause

Amendments of, and Supplements to, Clauses in the GCC

GCC 1.1 (i)The Entity is: {Afghan post state enterprise }GCC 1.1 (n)The Project Site(s)/ Final Destination(s) {warehouse of Afghan post
central office}

GCC 4.2 (a)The meaning of the trade terms shall be as prescribed by Incoterms. If themeaning of any trade term and the rights and obligations of the parties there
under shall not be as prescribed by Incoterms, they shall be as prescribed by:[Refer to other internationally accepted trade terms].

GCC 4.2 (b)The version edition of Incoterms shall be: [2010]. DDP

GCC 5.1

The language shall be: [English ].

GCC 8.1

For notices, the Entity’s address shall be:
Attention: Monirullah Hafizi
Street Address Mohammad Jan khan watt Afghan post central office
Floor: second floor
City: Kabul
Country: Afghanistan
Telephone: 0783090022
E-mail address: Monirullah.hafizi@afghanpost.gov.af,

Khyber.seddiqi@afghanpost.gov.af
GCC 10.2

The Rules of Procedure for Arbitration proceedings pursuant to GCC Clause 10.2
shall be as follows:[The Bidding Documents should contain ONE clause to be retained in the eventof a Contract with a FOREIGN Supplier and ONE clause to be retained in the eventof a Contract with a Supplier who is a NATIONAL of the Islamic Republic of
Afghanistan. At the time of finalizing the Contract, the respective applicableclause should be retained in the Contract. The following explanatory noteshould therefore be inserted as a header to GCC 10.2 in the Bidding Document.

76

National Procurement Authority – Standard Bidding Documents for Procurement of Goods“Clause 10.2 (a) shall be retained in the case of a Contract with a foreign
Supplier and clause 10.2 (b) shall be retained in the case of a Contract
with a national of the Islamic Republic of Afghanistan.”](a)Contract with FOREIGN Supplier:[For contracts entered into with foreign suppliers, International
Commercial Arbitration may have practical advantages over other disputesettlement methods.
Among the rules to govern the arbitration
proceedings, the Purchaser may wish to consider the United Nations
Commission on International Trade Law (UNCITRAL) Arbitration Rules of
1976, the Rules of Conciliation and Arbitration of the International
Chamber of Commerce (ICC), the Rules of the London Court ofInternational Arbitration or the Rules of Arbitration Institute of theStockholm Chamber of Commerce.][If the Purchaser chooses the UNCITRAL Arbitration Rules, thefollowing sample clause should be inserted:]
GCC 10.2 (a)Any dispute, controversy or claim arising out of or
relating to this Contract, or breach, termination or invalidity thereof, shallbe settled by arbitration, in a neutral place, i.e. not in the Islamic Republicof Afghanistan, neither in the supplier’s country, in accordance with the
UNCITRAL Arbitration Rules as at present in force.

[If the Purchaser chooses the Rules of ICC, the following sample
clause should be inserted:]
GCC 10.2 (a)All disputes arising in connection with the present
Contract shall be finally settled under the Rules of Conciliation andArbitration of the International Chamber of Commerce by one or more
arbitrators appointed in accordance with said Rules.

[If the Purchaser chooses the Rules of Arbitration Institute of
Stockholm Chamber of Commerce, the following sample clauseshould be inserted:]
GCC 10.2 (a)Any dispute, controversy or claim arising out of or inconnection with this Contract, or the breach termination or invalidity
thereof, shall be settled by arbitration in accordance with the Rules of the
Arbitration Institute of the Stockholm Chamber of Commerce.

[If the Purchaser chooses the Rules of the London Court ofInternational Arbitration, the following clause should be
inserted:]
GCC 10.2 (a)Any dispute arising out of or in connection with thisContract, including any question regarding its existence, validity or
termination shall be referred to and finally resolved by arbitration under
the Rules of the London Court of International Arbitration, which rules are
deemed to be incorporated by reference to this clause.

(b)

Contracts with Supplier NATIONAL of the Islamic Republic of
Afghanistan:In the case of a dispute between the Purchaser and a Supplier who is a nationalof the Islamic Republic of Afghanistan, the dispute shall be referred toadjudication or arbitration in accordance with the laws of the Islamic Republic of77

National Procurement Authority – Standard Bidding Documents for Procurement of Goods
Afghanistan.

GCC 13.1

Details of Shipping and other Documents to be furnished by the Supplier are:a) Copy of the Supplier invoice showing goods description, quality, unit price andtotal Priceb) Delivery received certificate after customs documentsc) Supplier warranty certificated) Certificate of Origine) Inspection Certificate issued by the nominated inspection agency.
The above documents shall be received by the Purchaser before arrival of theGoods and, if not received, the Supplier will be responsible for any consequent
expenses.

GCC 15.1

The prices charged for the Goods supplied and the related Services performed
shall not be adjustable.

GCC 16.1[Sample provision:]
GCC 16.1 The method and conditions of payment to be made to the Supplier
under this Contract shall be as follows:
Payments:
90% payment will be made upon successful submission after inspection test of
the required equipment in Afghan post warehouse and 10% will be made after
completion of warranty/guarantee period. Payment for local Bidders shall bemade in Afghanis (AFN).

GCC 16.5

The payment-delay period after which the Purchaser shall pay interest to the
supplier shall be [not applicable ] days.
The interest rate that shall be applied is [0] percent.

GCC 18.1

A Performance Security is Required[If a Performance Security is required, insert “The amount of the Performance
Security shall be: [7% of Contract Price] valid 28 days after completion ofcontract date

GCC 18.3

If required, the Performance Security shall be denominated in: A freely
convertible currency acceptable to the Purchaser.
If required, the Performance Security shall be in the format of: a demand
guarantee issued by a Bank

GCC 18.4

Discharge of the Performance Security shall take place: as per clause GCC

18.4

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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

GCC 23.2

The packing, marking and documentation within and outside the packages shallbe: [as per standard packing and marking required]

GCC 24.1

The insurance coverage shall be as specified in the Incoterms.

GCC 25.1

Responsibility for transportation of the Goods shall be as specified in the
Incoterms.

GCC 26.1

The inspections and tests shall be:

1. Visual inspection
2. Inspection for Quantity and any physical damage
3. Any other tests to ensure that the Goods supplied are as per Technical
Specifications.
GCC 26.2

The Inspections and tests shall be conducted at: Afghan post central office

GCC 27.1

The liquidated damage shall be: [0.5 percent of contract price per week.

Kabul Afghanistan

The Maximum amount of liquidation damage is 10% of the total contract value.

GCC 28.3

The period of validity of the Warranty shall be: one years after successful

submission of Equipment.
For purposes of the Warranty, the place(s) of final destination(s) shall be:
Afghan post central office Mohammad Jan khan watt Kabul Afghanistan

GCC 28.5

The period for repair or replacement shall be: [30] days.

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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

SECTION 8

CONTRACT FORMS

Contract Forms
SDB/G/11

Notification of Award

SDB/G/12

Contract Agreement

SDB/G/13

Performance Security

SDB/G/14

Bank Guarantee for Advance Payment

80National Procurement Authority – Standard Bidding Documents for Procurement of Goods

OFFER ACCEPTANCE LATTER2
FORM SDB/G/11
Contract No:

Date:

Entity Name:
Address:
Winning bidder name and License number:To:
This Offer Acceptance Latter is issued in accordance to article 23 and rule 85
procurement procedure to notify you that your Bid dated [Insert date, as day, month,year] for the supply of goods and related services for [Insert the name of project orcontract] for the Contract Price of [Insert the amount in figures and in words], ascorrected and modified in accordance with the Instructions to Bidders (ITB) is hereby
accepted by [Insert the name of the Procuring Entity].
You are requested to according with above procurement law and procedure articles andclause 28 of law and rule 78 of procurement procedure within ten (10) calendar days,
affecting the issues date of this letter, submitting the contract performance security whichis stated in biding documents and indicated below, to the Entity. Otherwise inaccordance to clause 29 of procurement law, your bid security shall not be refunded.
More information is stated in below form:
Procurement/Contract Identifications: {insert name and procurement/contract description}
Bidding No.: {insert biding/contract number}
Total Contract Price: {insert total contract price in figure and liter}
Tip of Contract Performance Security: {insert tip of contract performance security whichis stated in bid}
Amount of Contract Performance Security: {insert amount contract performance security
in figure and litter}
Contract Signing Date: {inset date and time}
Place of Signing Contract: {insert the contract signing location }2

In accordance to rule 85 of procurement procedure, Entity Shall submit Offer Acceptance Latter to thewinner after expiration date of notification of award or inquiry bidders petition, if contract award is under
Entity authority threshold, while contract award is in NPC threshold. The Offer Acceptance Latter is After
NPC’s approval sanded to winning bidder.

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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

We attach the Draft Contract Agreement and Contract Documents for you more
information and perusal with this notification.

CONTRACT AGREEMENTFORM SDB/G/ 12[The successful Bidder shall fill in this Form in accordance with the instructions
indicated.]
THIS CONTRACT AGREEMENT is made the [Insert the number] day of [Insert the month],[Insert the year].
BETWEEN(1)[Insert the complete name of the Entiy]of the Government of Afghanistan ,hereinafter called “THE ENTITY”, and(2)[Insert name of the Supplier], a corporation incorporated under the laws of[Insert the country of Supplier] and having its principal place of businessat [Insert the address of the Supplier], hereinafter called “THE SUPPLIER”.

WHEREAS the Entity invited Bids for certain Goods and ancillary services, viz., [Insert abrief description of the Goods and Services] and has accepted a Bid by the Supplier forthe supply of those Goods and Services in the sum of [Insert the Contract Price in words
and figures, expressed in the Contract currency(ies)], hereinafter called “THE CONTRACT
PRICE”.
NOW THIS AGREEMENT WITNESSED AS FOLLOWS:
1.

In this Agreement words and expressions shall have the same meanings as arerespectively assigned to them in the Conditions of Contract referred to.

2.

The following documents shall constitute the Contract between the Entity and theSupplier, and each shall be read and construed as an integral part of the Contract:
(a)
(b)
(c)
(d)

3.

This Contract Agreement
Special Conditions of Contract (SCC)
General Conditions of Contract (GCC)
Technical Requirements (including Schedule of Requirements andTechnical Specifications)(e)
The Supplier’s Bid and original Price Schedules(f)
The Purchaser’s Notification of Award(g)[Add here any other document(s)]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.
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4.

In consideration of the payments to be made by the Entity to the Supplier ashereinafter mentioned, the Supplier hereby covenants with the Entity to provide theGoods and Services and to remedy defects therein in conformity in all respects withthe provisions of the Contract.

5.

The Entity hereby covenants to pay the Supplier in consideration of the provision of
the Goods and Services and the remedying of defects therein, the Contract Price orsuch other sum as may become payable under the provisions of the Contract at thetimes and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed inaccordance with the laws of the Islamic Republic of Afghanistan on the day, month andyear indicated above.
For and on behalf of the Purchaser
Signed: [Insert the authorized authority signature]in the capacity of [Insert the title or other appropriate designation]in the presence of [Insert identification of official witness]
For and on behalf of the Supplier
Signed: [Insert signature of authorized representative(s) of the Supplier]in the capacity of [Insert the title or other appropriate designation]in the presence of [Insert identification of official witness]

83

National Procurement Authority – Standard Bidding Documents for Procurement of GoodsPERFORMANCE SECURITY
FORM SDB/G/13[The bank, as requested by the successful Bidder, shall fill in this Form in accordancewith the instructions indicated.]
Date: [Insert the date (as day/month/year) of Bid Submission]
IFB No. and Title: [Insert the number and title of bidding process]Bank’s Branch or Office: [Insert complete name of Guarantor]
BENEFICIARY: [Insert the complete name of the Purchaser]
PERFORMANCE GUARANTEE NO.: [Insert Performance Guarantee number]
We have been informed that [Insert complete name of Supplier], hereinafter called "THESUPPLIER" has entered into Contract No. [Insert the contract number] dated [Insert day,month and year] with you, for the supply of [Insert a brief description of Goods andRelated Services], hereinafter called "THE CONTRACT".
Furthermore, we understand that, according to the conditions of the Contract, a
Performance Guarantee is required.
At the request of the Supplier, we hereby irrevocably undertake to pay you any sum(s)not exceeding [Insert amount(s) in figures and words] upon receipt by us of your firstdemand in writing declaring the Supplier to be in default under the Contract, without
cavil or argument, neither you needing to prove or to show grounds or reasons for yourdemand or the sum specified therein.
This Guarantee shall expire no later than the [Insert a number] day of [Insert month][Insert year], and any demand for payment under it must be received by us at this officeon or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article
15(a) is hereby excluded.
[Insert the signatures, names and designation of authorized representatives of the bankand the Supplier][Corporate seal]
Note: All italicized text (including footnotes) is for use in preparing this form andshall be deleted from the final product.

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National Procurement Authority – Standard Bidding Documents for Procurement of Goods

BANK GUARANTEE FOR ADVANCE PAYMENTFORM SDB/G/14[The bank, as requested by the successful Bidder, shall fill in this form in accordancewith the instructions indicated.]
Date: [Insert the date (as day/month/year) of Bid Submission]
IFB No. and Title: [Insert the number and title of bidding process][Use the bank’s letterhead]
BENEFICIARY: [Insert the complete name of the Purchaser]
ADVANCE PAYMENT GUARANTEE NO.: [Insert Advance Payment Guarantee number]We, [Insert Legal Name and Address of Bank], have been informed that [Insert thecomplete Name and Address of the Supplier], hereinafter called "THE SUPPLIER", hasentered into Contract No. [Insert the contract number] dated [Insert the date of theAgreement, as day, month, year] with you, for the supply of [Insert types of Goods to bedelivered], hereinafter called "THE CONTRACT".
Furthermore, we understand that, according to the conditions of the Contract, an advanceis to be made against an advance payment guarantee.
At the request of the Supplier, we hereby irrevocably undertake to pay you any sum orsums not exceeding in total an amount of [Insert the amount(s) in figures and words]
upon receipt by us of your first demand in writing declaring that the Supplier is in breachof its obligation under the Contract because the Supplier used the advance payment for
purposes other than toward delivery of the Goods.
It is a condition for any claim and payment under this Guarantee to be made that theadvance payment referred to above must have been received by the Supplier on its
account [Insert the number and domicile of the account].
This Guarantee shall remain valid and in full effect from the date of the advance payment
received by the Supplier under the Contract until [Insert a date].
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article
15(a) is hereby excluded.

[Insert the signature(s) of authorized representative(s) of the bank.]

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