Definitions

1. "NHA" means National Highway Authority
2. "Vendor" means company, organization or individual that has indicated its acceptance to be bound by this User Agreement and has intention to participate or has participated in bidding process through the System. The term "Vendor" represents Contractor, Consultant, Operator, Supplier or Individual (Specialist, Advisor, Expert, etc)
3. "System" means the NHA e-Bidding system placed at www.ebidding.nha.gov.pk, provided for Vendors to participate in Procurement Exercise.
4. "Procurement Exercise" may include:
   1. the activities in the bidding process by adopting one of the following method of procurement:
      1. Open Competitive Bidding (initiated through 'Invitation for Bid' or 'Request for Proposal') through one of the following procedures:
         • Single Stage One Envelop
         • Single Stage Two Envelop
         • Two Stage Bidding
         • Two Stage Two Envelop
      2. Alternate Method of Procurement
         • Petty Purchases
         • Request for Quotation (RFQ)
         • Direct Contracting
         • Negotiated Tendering
   2. the activities in process of Prequalification (by advertising the Prequalification Notice or Expression of Interest)
5. "Vendor User" means an authorized individual representing the Vendor whose request for creation of User Account is approved and he has been provided access to the System by NHA.
6. "Confidential" means that the information, either in its entirety or in the precise configuration or assembly of its components, is not publicly available.
7. "Confidential Information" means secret, confidential, commercial, financial, marketing, technical or other information, knowhow, trade secrets and other information in any form or medium whether disclosed orally or in writing before or after the date of this user agreement, together with any reproductions of such information in any form or medium or any parties of this information.
8. "Force Majeure" means any cause affecting the performance by either the NHA of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but without limiting the generality thereof) governmental regulations, fire, flood,Pandemic or any disaster or an industrial dispute affecting a third party for which a substitute third party is not reasonably available. Any act, event, omission, happening or non-happening will only be considered Force Majeure if it is not attributable to the willful act, neglect or failure to take reasonable precautions of the affected party, its agents or employees or the failure of either the NHA or NHA to perform its obligations under this User Agreement.
9. "Helpdesk" means the facility provided by NHA to handle and manage support queries and issues raised by Vendor Users.
10. "Intellectual Property" means any patent, copyright, database right, moral right, design right (whether registered or unregistered), trade mark, service mark, domain name, know-how, utility model, unregistered design or, where relevant, any application for any such right, or other industrial or intellectual property right,exclusively held by the party.
11. "Applicable Time" means Pakistan Standard Time (PST) displayed on the System which shall be the reference time for all time-bound activities of procurement processes.
12. "Working Days" means 0930 hrs - 1600 hrs PST Monday to Friday; excluding notified Holidays. NHA will issue notification in case of any change to above said schedule.

1. The Vendor commits a material breach of any of its obligations under the User Agreement; and
2. The Vendor fails to remedy, or persists in, any breach of any of its obligations under this User Agreement after having been notified in writing to remedy or desist such breach within a period of ten (10) Working Days.

1. Manipulate any information supplied on the System in a manner that would lead to inaccurate, misleading or discriminating presentation of information being displayed;
2. Post, transmit or disseminate any information on or via the System which is or may be harmful, obscene, defamatory or otherwise illegal;
3. Use the System in a manner which causes or may cause an infringement of the rights of any other; and
4. Use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the System, including uploading or making available files containing corrupt data or viruses.

1. All information it provides will be accurate and complete and shall accurately represent the Vendor's capabilities;
2. It shall have the right, through actual ownership or otherwise, to provide any product or service that is the subject of any response made by it to any invitation to participate in procurement;
3. It has the ability to sell the product/service/works at the prices offered in any response made by it to any invitation to participate in a procurement and according to the relevant criteria specified by the NHA in the relevant invitation to participate in a procurement.

1. The NHA reserves the right to, at any time prior to the closing date and time for receipt of response by publication of a notification through the System and without incurring any liability whatsoever:
   1. Suspend and re-open or cancel a Procurement Exercise or extend the closing date and time of any Procurement Exercise; and/or
   2. Vary or amend the details of a Procurement Exercise; and
2. In the event of a suspension and subsequent re-opening of a Procurement Exercise, the Procurement Exercise will resume on the basis of the last response recorded by the Vendor through the System.

1. An event of Force Majeure that affects the availability and/or performance of the System;
2. Incorrect use by Vendor Users of the System;
3. Connectivity failures in respect of the equipment used by the Vendor Users;
4. Breakdown of the System for a period of time not exceeding 30 Working Days.

1. The NHA reserves the right to interrupt and/or suspend the availability of the System and/or revoke access at any time by notice to the Vendor without incurring any liability;
2. The NHA provides the System on an 'as is' basis and 'as available' basis without any warranty of any kind;
3. The NHA does not accept any liability for any information or links on the System that may refer Vendor Users to external sources outside of the NHA's reasonable control.

1. treat all sensitive Information as Confidential and safeguard it accordingly;
2. not disclose any Confidential Information to any third party without the prior written consent of the other party, except to such persons and to such extent as may be necessary for the performance of this User Agreement: and
3. not use any Confidential Information otherwise than for the purposes of this User Agreement.

1. is given only to such employee, consultant, sub-contractor, professional advisor or agent engaged to advise it in connection with this User Agreement as is strictly necessary for the performance of this User Agreement and then only to the extent necessary for each employee, consultant, sub-contractor, professional advisor or agent activities in the performance of this User Agreement;
2. is treated as confidential and not disclosed (without prior written approval) or used by any employee, consultant, sub-contractor, professional advisor or agent otherwise than for the purposes of this User Agreement;

1. which is or becomes public knowledge (otherwise than by breach of the obligations of confidentiality under this User Agreement);
2. which is in the possession of the party concerned, without restriction as to its disclosure, before receiving it from the disclosing party;
3. which is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; or
4. is independently developed without access to the Confidential Information.

1. disclosing any Confidential Information which is required to be disclosed by an order of court or other tribunal or required to be disclosed in accordance with any law, statute, proclamation, by-law, directive, decision, regulation, rule, order, notice, rule of court, delegated or subordinate legislation parliamentary obligation; or
2. disclosing any information for the purpose of the examination and certification of the NHA's accounts; or
3. disclosing any information obtained from the Vendor to any person engaged in providing any services to the NHA for any purpose relating to or ancillary to this User Agreement, provided that in disclosing information under this sub-paragraph 13.7.3 the NHA discloses only the information which is necessary for the purpose concerned and requires that the information is treated in confidence and that a confidentiality undertaking is given where appropriate.

1. a contract, including any collateral contract, or any contractual term between the NHA and Vendor or any other party (including any potential service provider) as to the procurement of any goods, services or works; or
2. Any representation by or on behalf of the NHA.

1. Issuing any invitation to participate in a Procurement Exercise;
2. An invitation to submit any proposal in respect of a Procurement Exercise;
3. Communicating with a Vendor in respect of this Procurement Exercise; or
4. Any other communication between the NHA and any other party.

1. Whilst every care has been taken to ensure that the data and information contained within an invitation to participate in a Procurement Exercise is valid, the NHA shall not accept liability for the accuracy, adequacy or completeness of such information and data; and
2. That by issuing an invitation to participate in a Procurement Exercise the NHA shall not be bound to accept any response and it reserves the right to award a contract for some but not all of the requirements specified or not to award any contract at all;
3. The NHA shall not accept any liability for any costs or expenses incurred by a Vendor responding to any invitation to participate in a Procurement Exercise.

1. Served to the Vendor, via e-mail,to address the Vendor has given upon account creation (or to the latest e-mail address that might have been updated following the initial Vendor Account Creation) or through the messaging facility available on the System; or
2. Served to the NHA, via e-mail to support.ebidding@nha.gov.pk or through the messaging facility available on the System; and
3. Deem to be received by the addressee on the same day as the addressor sending such e-mail, subject to the:
   1. Addressor using the addressee's registered e-mail address; and
   2. Addressee, on receipt of such an e-mail, e-mailing an acknowledgement of receipt to the addressor as soon as is practicable and in any event not later than 1630 hrs (Pakistan Standard Time) of the following Working Day after the addressee received such e-mail. If the addressor fails to receive such acknowledgement by 1630 hrs (Pakistan Standard Time) of the next Working Day after the addressee received the e-mail, the addressor may also serve the communication by courier to the Vendor, to the postal address/delivery address the Vendor has given during Account Creation.