Bidding Document For Consultancy Services by SPPRA
Bidding Document For Consultancy Services by SPPRA
Bidding Document For Consultancy Services by SPPRA
DOCUMENT
SELECTION OF CONSULTANTS
i
Foreword
This Standard Request for Proposals is applicable to consultant assignments by the procuring
agencies of Sindh province whose legal agreement makes reference to the Sindh Public
Procurement Rules, 2010
ii
CONTENTS
iii
Preface
1. This document Standard Request for Proposals (SRFP) is to be used for various selection
methods described in the SPPR 2010.
2. Before preparing an RFP, the procuring agency/ user must be familiar with the SPPR
2010, and Rule No 72
3. Rule No 72 (1) shall be adopted for assignments of standard or routine nature where well-
established practices and standards exist.
3. In case Rule No 72 (1) is not to be used, as the assignment is not an standard or routine nature,
and standards and practices are not well-established, and procuring agency choses other method
of selection according to Rule No 72 (2), (3), (4), (5), and (6), the reason shall be recorded in
writing by the competent authority, and also sent to SPPRA with RFP.
4. The SRFP includes a standard Letter of Invitation, standard Instructions to Consultants, Terms
of Reference, and a standard Form of Contract. The standard Instruction to Consultants and the
standard General Conditions of Contract may not be modified under any circumstances.
However, the Data Sheet and the Special Conditions of Contract may be used to reflect particular
assignment conditions.
iv
v
Section 1- Letter of Invitation
Letter of Invitation
Yours sincerely,
Instructions to Consultants
[Note to the Procuring Agency, this Section 2 - Instructions to Consultants shall not be
modified. Any necessary changes, acceptable to the Procuring Agency, shall be introduced
only through the Data Sheet (e.g., by adding new reference paragraphs)]
Definitions
(a) “Procuring Agency (PA)” means the department with which the selected Consultant
signs the Contract for the Services.
(b) “Consultant” means a professional who can study, design, organize, evaluate and
manage projects or assess, evaluate and provide specialist advice or give technical
assistance for making or drafting policies, institutional reforms and includes private
entities, consulting firms, legal advisors, engineering firms, construction managers,
management firms, procurement agents, inspection agents, auditors, international and
multinational organizations, investment and merchant banks, universities, research
institutions, government agencies, nongovernmental organizations, and individuals
(c) “Contract” means an agreement enforceable by law and includes General and Special
Conditions of the contract.
(d) “Data Sheet” means such part of the Instructions to Consultants that is used to reflect
specific assignment conditions.
(e) “Day” means calendar day including holiday.
(f) “Government” means the Government of Sindh.
(g) “Instructions to Consultants” (Section 2 of the RFP) means the document which
provides shortlisted Consultants with all information needed to prepare their
Proposals.
(h) “LOI” (Section 1 of the RFP) means the Letter of Invitation sent by the procuring
agency to the Consultant.
(i) “Proposal” means the Technical Proposal and the Financial Proposal.
(j) “RFP” means the Request For Proposal prepared by the procuring Agency for the
selection of Consultants.
(k) “Sub-Consultant” means any person or entity to whom the Consultant subcontracts
any part of the Services.
(l) “Terms of Reference” (TOR) means the document included in the RFP as Section 5
which explains the objectives, scope of work, activities, tasks to be performed,
respective responsibilities of the procuring agency and the Consultant, and expected
results and deliverables of the assignment.
2. Introduction 2.1 The Procuring agency named in the Data Sheet will select a
consulting firm/organization (the Consultant) from those listed in
the Letter of Invitation, in accordance with the method of selection
specified in the Data Sheet.
6. Eligible 6.1 If short listing process has been undertaken through REOI, as
Consultants outlined under Rule 73 and 74 of SPPR2010 for the Contract(s)
for which these RFP documents are being issued, those firms -
in case of Joint Ventures with the same partner(s) and Joint
Venture structure - that had been pre-qualified are eligible.
less than one percent and shall not exceed five percent of bid
amount).
10. Clarification 10.1 Consultants may request for a clarification of contents of the
and Amendment in bidding document in writing, and procuring agency shall
RFP Documents respond to such queries in writing within three calendar days,
provided they are received at least five calendar days prior to
the date of opening of proposal. The procuring agency shall
communicate such response to all parties who have obtained
RFP document without identifying the source of inquiry.
Should the PA deem it necessary to amend the RFP as a result
of a clarification, it shall do so.
10.2 At any time before the submission of Proposals, the Procuring
Agency may amend the RFP by issuing an addendum/
corrigendum in writing. The addendum shall be sent to all
Consultants and will be binding on them. Consultants shall
acknowledge receipt of all amendments. To give Consultants
reasonable time in which to take an amendment into account in
their Proposals the Procuring Agency may, if the amendment is
substantial, extend the deadline for the submission of Proposals.
12. Language The Proposal as well as all related correspondence exchanged by the
Consultants and the Procuring Agency shall be written in English
However it is desirable that the firm’s Personnel have a working
knowledge of the national and regional languages of Islamic Republic
of Pakistan.
13. Technical 13.1 While preparing the Technical Proposal, consultants must give
Proposal Format particular attention to the following:
and Content
(i) If a consultant considers that it does not have all the
expertise for the assignment, it may obtain a full range of
expertise by associating with individual consultant(s)
and/or other firms or entities in a joint venture or sub-
14. Financial 14.1 The Financial Proposal shall be prepared using the attached
Proposals Standard Forms (Section 4). It shall list all costs associated with
the assignment, including (a) remuneration for staff (in the field
and at the Consultants’ office), and (b) reimbursable expenses
indicated in the Data Sheet (if applicable). Alternatively
Consultant may provide their own list of cost. If appropriate,
these costs should be broken down by activity. All activities and
items described in the Technical Proposal must be priced
separately; activities and items described in the Technical
Proposal but not priced, shall be assumed to be included in the
prices of other activities or items.
15. Taxes 15.1 The Consultant will be subject to all admissible taxes including
stamp duty and service charges at a rate prevailing on the date
of contract agreement unless exempted by relevant tax
authority.
16. Submission, 16.1 Proposal shall contain no interlineations or overwriting.
Receipt, and Submission letters for both Technical and Financial Proposals
Opening of should respectively be in the format of TECH-1 of Section 3,
Proposals and FIN-1 of Section 4. All pages of the original Technical and
Financial Proposals will be initialed by an authorized
representative of the Consultants (Individual Consultant). The
authorization shall be in the form of a written power of attorney
accompanying the Proposal
16.2 All required copies of the Technical Proposal are to be made
from the original. If there are discrepancies between the original
and the copies of the Technical Proposal, the original governs.
16.3 The original and all copies of the Technical Proposal shall be
placed in a sealed envelope clearly marked “TECHNICAL
PROPOSAL” Similarly, the original Financial Proposal (if
required under the selection method indicated in the Data Sheet)
18. Evaluation of 18.1 The evaluation committee shall evaluate the Technical
Technical Proposals Proposals on the basis of their responsiveness to the Terms of
Reference, applying the evaluation criteria, sub-criteria, and
point system specified in the Data Sheet. Each responsive
Proposal will be given a technical score (St). A Proposal shall
be rejected at this stage if it fails to achieve the minimum
technical score indicated in the Data Sheet.
19. Evaluation of 19.1 Financial Proposals shall be opened publicly in the presence of the
Financial Proposals Consultants’ representatives who choose to attend. The name of
the Consultants and the technical scores of the Consultants shall be
read aloud. The Financial Proposal of the Consultants who met the
minimum qualifying mark will then be inspected to confirm that
they have remained sealed and unopened. These Financial
Proposals shall be then opened, and the total prices read aloud and
recorded. Copy of the record shall be sent to all Consultants.
19.3 In case of Least Cost Selection LCS Method, the bid found to
be the lowest evaluated bid shall be accepted.
20. Negotiations 20.1 Negotiations will be held at the date and address indicated in the
Data Sheet. The invited Consultant will, as a pre-requisite for
attendance at the negotiations, confirm availability of all
Professional staff. Failure in satisfying such requirements may
result in the PA proceeding to negotiate with the next-ranked
Consultant. Representatives conducting negotiations on behalf
of the Consultant must have written authority to negotiate and
conclude a Contract.
21. Technical 21.1 Technical Negotiations will include a discussion of the
negotiations Technical Proposal, the proposed technical approach and
methodology, work plan, organization and staffing, and any
suggestions made by the Consultant to improve the Terms of
Reference. The PA and the Consultants will finalize the Terms
of Reference, staffing schedule, work schedule, logistics, and
reporting. These documents will then be incorporated in the
Contract as “Description of Services”. Minutes of negotiations,
which will be signed by the PA and the Consultant, will become
part of Contract Agreement.
23. Availability of 23.1 Having selected the Consultant on the basis of, among other
Professional things, an evaluation of proposed Professional staff, the PA
staff/experts expects to negotiate a Contract on the basis of the Professional
staff named in the Proposal. Before contract negotiations, the
PA will require assurances that the Professional staff will be
actually available. The PA will not consider substitutions during
contract negotiations unless both parties agree that undue delay
in the selection process makes such substitution unavoidable or
for reasons such as death or medical incapacity. If this is not the
case and if it is established that Professional staff were offered
in the proposal without confirming their availability, the
Consultant may be disqualified. Any proposed substitute shall
have equivalent or better qualifications and experience than the
original candidate and be submitted by the Consultant within
Data Sheet
1.1 Name of the Assignment is: ______________________________
The Name of the PA’s official (s):
Address:______________________________________________
Telephone: ____________________ Facsimile: ______________
E-mail: ______________________________________________
1.2
The method of selection is:
Proposals must be submitted no later than the following date and time:
_____________________________________________________________
10.1 Clarifications may be requested not later than five days before the
submission date.
or:
[In the case of Selection under a Fixed Budget (FBS), select the following
sentence] The Financial Proposal shall not exceed the available budget of:
14.1 [List the applicable Reimbursable expenses in foreign and in local currency.
A sample list is provided below for guidance: items that are not applicable
should be deleted, others may be added. If the PA wants to define ceilings for
unit prices of certain Reimbursable expenses, such ceilings should be
indicated in this Section]
(1) a per diem allowance in respect of Personnel of the Consultant for every
day in which the Personnel shall be absent from the home office and, as
applicable, outside the beneficiary country for purposes of the Services;
(7) other allowances where applicable and provisional or fixed sums (if any);
and
(8) cost of such further items required for purposes of the Services not
15.1 Amounts payable by the PA to the Consultant under the contract to be subject
to local taxation, stamp duty and service charges, if applicable ______ :
6.3 Consultants to state local cost in the national currency (in case of ICB only):
Yes_____ No __
16.2 Consultant must submit the original and [Insert number] copies of the
Technical Proposal, and the original of the Financial Proposal.
13.1 Choose only one of the below options:
Option A
Criteria, sub-criteria, and point system for the evaluation of Full Technical
Proposals are:
Points
The number of points to be assigned to each of the above positions or disciplines shall
be determined considering the following three sub criteria and relevant percentage
weights:
Criteria, sub criteria, and point system for the evaluation of Simplified
Technical Proposals are:
Points
(i) Adequacy of the proposed technical approach, methodology
and work plan in responding to the Terms of Reference 1: [20 – 40]
(ii) Key professional staff qualifications and competence for the assignment:
a) Team Leader [Insert points]
b) [Insert position or discipline as appropriate] [Insert points]
c) [Insert position or discipline as appropriate] [Insert points]
d) [Insert position or discipline as appropriate] [Insert points]
e) [Insert position or discipline as appropriate] [Insert points]
Total points for criterion (ii): [60 - 80]
The number of points to be assigned to each of the above positions or disciplines shall
be determined considering the following three subcriteria and relevant percentage
weights:
1) General qualifications [Insert weight between 20 and 30%]
2) Adequacy for the assignment [Insert weight between 50 and 60%]
3) Experience in region and language [Insert weight between 10 and 20%]
Total weight: 100%
Total points for the two criteria: 100
When sub criteria are provided, which is always the case for “adequacy of the
proposed methodology and work plan” and “qualifications and competence
of key staff” , for practical reasons the number of sub-criteria should be kept
to a minimum (typically no more than three for each criterion).
Since sub criteria and their weighting determine the outcome of the
evaluation, they should be chosen considering the aspects that are critical to
the success of the assignment.
Evaluation criteria and sub-criteria, associated points, and the rating system
form an arithmetic model to assess the technical merit of the proposals.
1
Consideration may also be given to the number of pages submitted as compared to the number recommended
under para. 3.4 (c) (ii) of these Instructions.
All adopted sub-criteria should be specified in the RFP. The points allocated
to each of the sub-criteria under “qualifications and competence of key staff”
must be indicated in the RFP.
Refer to Reference Paragraph 3.4 of the Data Sheet for format of Technical Proposal to be
submitted, and paragraph 3.4 of Section 2 of the RFP for Standard Forms required and
number of pages recommended.
[Location, Date]
Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Request for Proposal dated [Insert Date] and our
Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal,
and a Financial Proposal sealed under a separate envelope1.
We are submitting our Proposal in association with: [Insert a list with full name and
address of each associated Consultant] 2
We hereby declare that all the information and statements made in this Proposal are
true and accept that any misinterpretation contained in it may lead to our disqualification.
If negotiations are held during the period of validity of the Proposal, i.e., before the
date indicated in the Data Sheet, we undertake to negotiate on the basis of the proposed staff.
Our Proposal is binding upon us and subject to the modifications resulting from Contract
negotiations.
We undertake, if our Proposal is accepted, to initiate the consulting services related to
the assignment not later than the date indicated in the Data Sheet.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
________________
1 [In case Paragraph Reference 1.2 of the Data Sheet requires to submit a Technical Proposal only, replace
this sentence with: “We are hereby submitting our Proposal, which includes this Technical Proposal only.”]
2 [Delete in case no association is foreseen.]
[Provide here a brief (two pages) description of the background and organization of your
firm/entity and each associate for this assignment.]
B - Consultant’s Experience
[Using the format below, provide information on each assignment for which your firm, and
each associate for this assignment, was legally contracted either individually or as a
corporate entity or as one of the major companies within an association, for carrying out
consulting services similar to the ones requested under this assignment. Use 20 pages.]
Assignment name: Approx. value of the contract (in current US$ or Euro):
Name of associated Consultants, if any: Name of senior professional staff of your firm
involved and functions performed (indicate most
significant profiles such as Project
Director/Coordinator, Team Leader):
Firm’s Name:
[Present and justify here any modifications or improvement to the Terms of Reference you are
proposing to improve performance in carrying out the assignment (such as deleting some
activity you consider unnecessary, or adding another, or proposing a different phasing of the
activities). Such suggestions should be concise and to the point, and incorporated in your
Proposal.]
(For small or very simple assignments the PA should omit the following text in Italic)
[Technical approach, methodology and work plan are key components of the Technical
Proposal. You are suggested to present your Technical Proposal (50 pages, inclusive of
charts and diagrams) divided into the following three chapters:
a) Technical Approach and Methodology,
b) Work Plan, and
c) Organization and Staffing,
a) Technical Approach and Methodology. In this chapter you should explain your
understanding of the objectives of the assignment, approach to the services, methodology for
carrying out the activities and obtaining the expected output, and the degree of detail of such
output. You should highlight the problems being addressed and their importance, and explain
the technical approach you would adopt to address them. You should also explain the
methodologies you propose to adopt and highlight the compatibility of those methodologies
with the proposed approach.
b) Work Plan. In this chapter you should propose the main activities of the assignment, their
content and duration, phasing and interrelations, milestones (including interim approvals by
the PA), and delivery dates of the reports. The proposed work plan should be consistent with
the technical approach and methodology, showing understanding of the TOR and ability to
translate them into a feasible working plan. A list of the final documents, including reports,
drawings, and tables to be delivered as final output, should be included here. The work plan
should be consistent with the Work Schedule of Form TECH-8.
c) Organization and Staffing. In this chapter you should propose the structure and
composition of your team. You should list the main disciplines of the assignment, the key
expert responsible, and proposed technical and support staff.]
Professional Staff
Name of Staff Firm Area of Expertise Position Assigned Task Assigned
1. Proposed Position [only one candidate shall be nominated for each position]:
5. Education [Indicate college/university and other specialized education of staff member, giving names of
institutions, degrees obtained, and dates of obtainment]:
7. Other Training [Indicate significant training since degrees under 5 - Education were obtained]:
8. Countries of Work Experience: [List countries where staff has worked in the last ten years]:
9. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]:
10. Employment Record [Starting with present position, list in reverse order every employment held by staff
member since graduation, giving for each employment (see format here below): dates of employment, name of
employing organization, positions held.]:
Employer:
Positions held:
11. Detailed Tasks Assigned 12. Work Undertaken that Best Illustrates Capability to
Handle the Tasks Assigned
[List all tasks to be performed
[Among the assignments in which the staff has been involved, indicate
the following information for those assignments that best illustrate
under this assignment]
staff capability to handle the tasks listed under point 11.]
13. Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes me, my qualifications, and my experience. I understand that any wilful misstatement
described herein may lead to my disqualification or dismissal, if engaged.
Date:
[Signature of staff member or authorized representative of the staff] Day/Month/Year
2
Name of Staff Staff input (in the form of a bar chart) Total staff-month input
N°
3
1 2 3 4 5 6 7 8 9 10 11 12 n Home Field Total
Foreign
[Home]
1
[Field]
n
Subtotal
Local
[Home]
1
[Field]
n
Subtotal
Total
1 For Professional Staff the input should be indicated individually; for Support Staff it should be indicated by category (e.g.: draftsmen, clerical staff, etc.).
2 Months are counted from the start of the assignment. For each staff indicate separately staff input for home and field work.
3 Field work means work carried out at a place other than the Consultant's home office.
2
1
Months
N° Activity
1 2 3 4 5 6 7 8 9 10 11 12 n
1
2
3
4
5
1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other benchmarks such as PA
approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in the form of a bar chart.
[Comments in brackets [ ] provide guidance to the shortlisted Consultants for the preparation of
their Financial Proposals; they should be deleted from the Financial Proposals to be submitted.]
Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal
according to the instructions provided under para. 3.6 of Section 2. Such Forms are to be used
whichever is the selection method indicated in para. 4 of the Letter of Invitation.
[Location, Date]
Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Request for Proposal dated [Insert Date] and our Technical
Proposal. Our attached Financial Proposal is for the sum of [Insert amount(s) in words and
figures1].
Our Financial Proposal shall be binding upon us subject to the modifications resulting
from Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before the
date indicated in Paragraph Reference 1.12 of the Data Sheet.
Commissions and gratuities paid or to be paid by us to agents relating to this Proposal
and Contract execution, if we are awarded the Contract, are listed below2:
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
_______________________
1 Amounts must coincide with the ones indicated under Total Cost of Financial proposal in Form FIN-2.
2 If applicable, replace this paragraph with: “No commissions or gratuities have been or are to paid by us to
agents relating to this Proposal and Contract execution.”
Costs
1 Indicate between brackets the name of the foreign currency. Maximum of three currencies; use as many columns as needed, and delete the others.
2 Indicate the total costs excluding local taxes to be paid by the PA in each currency. Such total costs must coincide with the sum of the relevant Subtotals
indicated in all Forms FIN-3 provided with the Proposal.
Costs
Cost component [Indicate Foreign [Indicate Foreign [Indicate Foreign [Indicate
Currency # 1]4 Currency # 2]4 Currency # 3]4 Local Currency]
Remuneration5
Reimbursable Expenses 5
Subtotals
1 Form FIN-3 shall be filled at least for the whole assignment. In case some of the activities require different modes of billing and payment (e.g.: the
assignment is phased, and each phase has a different payment schedule), the Consultant shall fill a separate Form FIN-3 for each group of activities. For
each currency, the sum of the relevant Subtotals of all Forms FIN-3 provided must coincide with the Total Costs of Financial Proposal indicated in Form
FIN-2.
2 Names of activities (phase) should be the same as, or correspond to the ones indicated in the second column of Form TECH-8.
3 Short description of the activities whose cost breakdown is provided in this Form.
4 Indicate between brackets the name of the foreign currency. Use the same columns and currencies of Form FIN-2.
5 For each currency, Remuneration and Reimbursable Expenses must respectively coincide with relevant Total Costs indicated in Forms FIN-4, and FIN-5.
Local Staff
[Home]
[Field]
Total Costs
1 Form FIN-4 shall be filled for each of the Forms FIN-3 provided.
2 Professional Staff should be indicated individually; Support Staff should be indicated per category (e.g.: draftsmen, clerical staff).
3 Positions of Professional Staff shall coincide with the ones indicated in Form TECH-5.
4 Indicate separately staff-month rate and currency for home and field work.
5 Indicate, separately for home and field work, the total expected input of staff for carrying out the group of
activities or phase indicated in the Form.
6 Indicate between brackets the name of the foreign currency. Use the same columns and currencies of Form
FIN-2. For each staff indicate the remuneration in the column of the relevant currency, separately for home and
field work. Remuneration = Staff-month Rate x Input.
Foreign Staff
[Home]
[Field]
Local Staff
[Home]
[Field]
1 Form FIN-4 shall be filled in for the same Professional and Support Staff listed in Form TECH-7.
2 Professional Staff should be indicated individually; Support Staff should be indicated per category (e.g.:
draftsmen, clerical staff).
3 Positions of the Professional Staff shall coincide with the ones indicated in Form TECH-5.
4 Indicate separately staff-month rate and currency for home and field work.
1 Form FIN-5 should be filled for each of the Forms FIN-3 provided, if needed.
2 Delete items that are not applicable or add other items according to Paragraph Reference 3.6 of the Data Sheet.
3 Indicate unit cost and currency.
4 Indicate between brackets the name of the foreign currency. Use the same columns and currencies of Form FIN-
2. Indicate the cost of each reimbursable item in the column of the relevant currency. Cost = Unit Cost x
Quantity.
5 Indicate route of each flight, and if the trip is one- or two-ways.
6 Only if the training is a major component of the assignment, defined as such in the TOR.
1.1 The remuneration rates for staff are made up of salary, social costs, overheads, fee that is
profit, and any premium or allowance paid for assignments away from headquarters. To
assist the firm in preparing financial negotiations, a Sample Form giving a breakdown of
rates is attached (no financial information should be included in the Technical Proposal).
Agreed breakdown sheets shall form part of the negotiated contract.
1.2 The PA is charged with the custody of funds from Government of Sindh and is expected to
exercise prudence in the expenditure of these funds. The PA is, therefore, concerned with
the reasonableness of the firm’s Financial Proposal, and, during negotiations, it expects to
be able to review audited financial statements backing up the firm’s remuneration rates,
certified by an independent auditor. The firm shall be prepared to disclose such audited
financial statements for the last three years, to substantiate its rates, and accept that its
proposed rates and other financial matters are subject to scrutiny. Rate details are
discussed below.
(i) Salary
This is the gross regular cash salary paid to the individual in the firm’s home office.
It shall not contain any premium for work away from headquarters or bonus.
1
Where w = weekends, ph = public holidays, v = vacation, and s = sick leave.
It is important to note that leave can be considered a social cost only if the PA is not
charged for the leave taken.
(iv) Overheads
Overhead expenses are the firm’s business costs that are not directly related to the
execution of the assignment and shall not be reimbursed as separate items under the
contract. Typical items are home office costs (partner’s time, nonbillable time, time
of senior staff monitoring the project, rent, support staff, research, staff training,
marketing, etc.), the cost of staff not currently employed on revenue-earning
projects, taxes on business activities and business promotion costs. During
negotiations, audited financial statements, certified as correct by an independent
auditor and supporting the last three years’ overheads, shall be available for
discussion, together with detailed lists of items making up the overheads and the
percentage by which each relates to basic salary. The PA does not accept an add-on
margin for social charges, overhead expenses, etc., for staff who are not permanent
employees of the firm. In such case, the firm shall be entitled only to
administrative costs and fee on the monthly payments charged for subcontracted
staff.
Standard rates for the particular country may be used as reference to determine
subsistence allowances.
2. Reimbursable expenses
2.1 The financial negotiations shall further focus on such items as out-of-pocket expenses
and other reimbursable expenses. These costs may include, but are not restricted to, cost
of surveys, equipment, office rent, supplies, international and local travel, computer
rental, mobilization and demobilization, insurance, and printing. These costs may be
either unit rates or reimbursable on the presentation of invoices, in foreign or local
currency.
3. PA Guarantee
3.1 Payments to the firm, including payment of any advance based on cash flow projections
covered by a PA guarantee, shall be made according to an agreed estimated schedule
ensuring the consultant regular payments in local and foreign currency, as long as the
services proceed as planned.
Sample Form
(a) the basic salaries indicated in the attached table are taken from the firm’s payroll records and
reflect the current salaries of the staff members listed which have not been raised other than within
the normal annual salary increase policy as applied to all the firm’s staff;
(b) attached are true copies of the latest salary slips of the staff members listed;
(c) the away from headquarters allowances indicated below are those that the Consultants have
agreed to pay for this assignment to the staff members listed;
(d) the factors listed in the attached table for social charges and overhead are based on the
firm’s average cost experiences for the latest three years as represented by the firm’s financial
statements; and
(e) said factors for overhead and social charges do not include any bonuses or other means of
profit-sharing.
Name:
Title:
Personnel 1 2 3 4 5 6 7 8
Home Office
Field
1. Expressed as percentage of 1
2. Expressed as percentage of 4
1.1 Definitions Unless the context otherwise requires, the following terms whenever
used in this Contract have the following meanings:
(a) “Applicable Law” means the Sindh Public Procurement Act,
thereunder Rules 2010.
(b) “Procuring Agency PA” means the implementing department
which signs the contract
(c) “Consultant” means a professional who can study, design,
organize, evaluate and manage projects or assess, evaluate and
provide specialist advice or give technical assistance for making or
drafting policies, institutional reforms and includes private entities,
consulting firms, legal advisors, engineering firms, construction
managers, management firms, procurement agents, inspection
agents, auditors, international and multinational organizations,
investment and merchant banks, universities, research institutions,
government agencies, nongovernmental organizations, and
individuals.
(d) “Contract” means the Contract signed by the Parties and all the
attached documents listed in its Clause 1, that is General
Conditions (GC), the Special Conditions (SC), and the Appendices.
(e) “Contract Price” means the price to be paid for the performance of
the Services, in accordance with Clause 6;
(f) “Effective Date” means the date on which this Contract comes into
force and effect pursuant to Clause GC 2.1.
(g) “Foreign Currency” means any currency other than the currency of
the PA’s country.
(h) “GC” means these General Conditions of Contract.
(i) “Government” means the Government of Sindh.
(j) “Local Currency” means Pak Rupees.
(k) “Member” means any of the entities that make up the joint
venture/consortium/association, and “Members” means all these
entities.
(l) “Party” means the PA or the Consultant, as the case may be, and
“Parties” means both of them.
1.2 Law Governing This Contract, its meaning and interpretation, and the relation between
Contract the Parties shall be governed by the applicable law.
1.3 Language This Contract is executed in the language specified in the SC, which
shall be the binding and controlling language for all matters relating to
the meaning or interpretation of this Contract.
1.4 Notices 1.4.1 Any notice, request or consent required or permitted to be given
or made pursuant to this Contract shall be in writing. Any such
notice, request or consent shall be deemed to have been given or
made when delivered in person to an authorized representative of
the Party to whom the communication is addressed, or when sent
to such Party at the address specified in the SC.
1.4.2 A Party may change its address for notice hereunder by giving
the other Party notice in writing of such change to the address
specified in the SC.
1.5 Location The Services shall be performed at such locations as are specified in
special condition of contract and, where the location of a particular task
is not so specified, at such locations, whether in the Government’s
country or elsewhere, as the PA may approve.
1.6 Authority of In case the Consultant consists of a joint venture/ consortium/ association
Member in of more than one individual firms, the Members hereby authorize the
Charge individual firms or specified in the SC to act on their behalf in exercising
all the Consultant’s rights and obligations towards the PA under this
Contract, including without limitation the receiving of instructions and
payments from the PA.
1.7 Authorized Any action required or permitted to be taken, and any document required
Representatives or permitted to be executed under this Contract by the PA or the
Consultant may be taken or executed by the officials specified in the SC.
1.8 Taxes and The Consultant, Sub-Consultants, and their Personnel shall pay such
Duties direct or indirect taxes, duties, fees, and other impositions levied under
the Applicable Law as specified in the SC, the amount of which is
deemed to have been included in the Contract Price.
1.9 Fraud and A. If the PA determines that the Consultant and/or its Personnel,
Corruption sub-contractors, sub-consultants, services providers and suppliers
has engaged in corrupt, fraudulent, collusive, coercive, or
obstructive practices, in competing for or in executing the
Contract, then the PA may, after giving 14 days notice to the
Consultant, terminate the Consultant's employment under the
Contract, and may resort to other remedies including
blacklisting/disqualification as provided in SPPR 2010.
Any personnel of the Consultant who engages in corrupt, fraudulent,
collusive, coercive, or obstructive practice during the execution of the
Contract, shall be removed in accordance with Sub-Clause 4.2.
Integrity Pact
B. If the Consultant or any of his Sub-consultants, agents or
servants is found to have violated or involved in violation of the
Integrity Pact signed by the Consultant as Appendix-G to this
Form of Contract, then the Client shall be entitled to:
2.1 Effectiveness of This Contract shall come into effect on the date the Contract is signed
Contract by both Parties or such other later date as may be stated in the SC. The
date the Contract comes into effect is defined as the Effective Date.
2.2 Commencement The Consultant shall begin carrying out the Services not later than the
of Services number of days after the Effective Date specified in the SC.
2.3 Expiration of Unless terminated earlier pursuant to Clause GC 2.6 hereof, this Contract
Contract shall expire at the end of such time period after the Effective Date as
specified in the SC.
2.4 Modifications or Any modification or variation of the terms and conditions of this
Variations Contract, including any modification or variation of the scope of the
Services, may only be made by written agreement between the Parties.
However, each Party shall give due consideration to any proposals for
modification or variation made by the other Party.
2.5 Force Majeure The failure on the part of the parties to perform their obligation under the
contract will not be considered a default if such failure is the result of
natural calamities, disasters and circumstances beyond the control of the
parties.
2.5.2 No Breach of The failure of a Party to fulfill any of its obligations under the contract
Contract shall not be considered to be a breach of, or default under, this Contract
insofar as such inability arises from an event of Force Majeure, provided
that the Party affected by such an event (a) has taken all reasonable
precautions, due care and reasonable alternative measures in order to
carry out the terms and conditions of this Contract, and (b) has informed
the other Party as soon as possible about the occurrence of such an event.
2.5.3 Extension of Any period within which a Party shall, pursuant to this Contract,
Time complete any action or task, shall be extended for a period equal to the
time during which such Party was unable to perform such action as a
result of Force Majeure.
2.5.4 Payments During the period of their inability to perform the Services as a result of
an event of Force Majeure, the Consultant shall be entitled to continue to
be paid under the terms of this Contract, as well as to be reimbursed for
additional costs reasonably and necessarily incurred by them during such
period for the purposes of the Services and in reactivating the Service
after the end of such period.
2.6 Termination
2.6.1 By the PA The PA may terminate this Contract in case of the occurrence of any of
the events specified in paragraphs (a) through (f) of this Clause GC
2.6.1. In such an occurrence the PA shall give a not less than thirty (30)
days’ written notice of termination to the Consultant, and sixty (60)
days’ in the case of the event referred to in (e).
(a) If the Consultant does not remedy the failure in the performance of
their obligations under the Contract, within thirty (30) days after
being notified or within any further period as the PA may have
subsequently approved in writing.
(b) If the Consultant becomes insolvent or bankrupt.
(c) If the Consultant, in the judgment of the PA has engaged in corrupt
or fraudulent practices in competing for or in executing the Contract.
(d) If, as the result of Force Majeure, the Consultant(s) are unable to
perform a material portion of the Services for a period of not less
than sixty (60) days.
(e) If the PA, in its sole discretion and for any reason whatsoever,
decides to terminate this Contract.
(f) If the Consultant fails to comply with any final decision reached as a
result of arbitration proceedings pursuant to Clause GC 8 hereof.
The Consultants may terminate this Contract, by not less than thirty (30)
2.6.2 By the days’ written notice to the PA, such notice to be given after the
Consultant occurrence of any of the events specified in paragraphs (a) through (c) of
this Clause GC 2.6.2:
(a) If the PA fails to pay any money due to the Consultant pursuant to
this Contract without consultants fault.
(b) Pursuant to Clause GC 7 hereof within forty-five (45) days after
receiving written notice from the Consultant that such payment is
overdue.
(c) If, as the result of Force Majeure, the Consultant is unable to
perform a material portion of the Services for a period of not less
than sixty (60) days.
(d) If the PA fails to comply with any final decision reached as a result
of arbitration pursuant to Clause GC 8 hereof.
3.2 Conflict of The Consultant shall hold the PA’s interests paramount, without any
Interests consideration for future work, and strictly avoid conflict with other
assignments or their own corporate interests.
The payment of the Consultant pursuant to Clause GC 6 shall constitute
3.2.1 Consultants not to
Benefit from
the Consultant’s only payment in connection with this Contract or the
Commissions, Services, and the Consultant shall not accept for their own benefit any
Discounts, etc. trade commission, discount, or similar payment in connection with
activities pursuant to this Contract or to the Services or in the discharge
of their obligations under the Contract, and the Consultant shall use their
best efforts to ensure that the Personnel, any Sub-Consultants, and agents
of either of them similarly shall not receive any such additional payment.
The Consultant agrees that, during the term of this Contract and after its
3.2.2 Consultant and
Affiliates not to be
termination, the Consultant and any entity affiliated with the Consultant,
Otherwise as well as any Sub-Consultants and any entity affiliated with such Sub-
Interested in Consultants, shall be disqualified from providing goods, works or
Project services (other than consulting services) resulting from or directly related
to the Consultant’s Services for the preparation or implementation of the
project.
The Consultant shall not engage, and shall cause their Personnel as well
3.2.3 Prohibition of
Conflicting
as their Sub-Consultants and their Personnel not to engage, either
Activities directly or indirectly, in any business or professional activities which
would conflict with the activities assigned to them under this Contract.
3.3 Confidentiality Except with the prior written consent of the PA, the Consultant and the
Personnel shall not at any time communicate to any person or entity any
confidential information acquired in the course of the Services, nor shall
the Consultant and the Personnel make public the recommendations
formulated in the course of, or as a result of, the Services.
3.4 Insurance to The Consultant (a) shall take out and maintain, and shall cause any Sub-
be Taken Out Consultants to take out and maintain, at their (or the Sub-Consultants’, as
by the the case may be) own cost but on terms and conditions approved by the
Consultant PA, insurance against the risks, and for the coverage, as shall be
specified in the SC; and (b) at the PA’s request, shall provide evidence to
the PA showing that such insurance has been taken out and maintained
and that the current premiums have been paid.
3.5 Consultant’s The Consultant shall obtain the PA’s prior approval in writing before
Actions taking any of the following actions:
Requiring
PA’s Prior (a) entering into a subcontract for the performance of any part of the
Approval Services,
(b) appointing such members of the Personnel not listed by name in
Appendix C, and
(c) any other action that may be specified in the SC.
3.6 Reporting (a) The Consultant shall submit to the PA the reports and documents
Obligations specified in (PA may insert appendix) hereto, in the form, in the
numbers and within the time periods set forth in the said Appendix.
(b) Final reports shall be delivered in CD ROM in addition to the hard
copies specified in said Appendix.
3.7 Documents (a) All plans, drawings, specifications, designs, reports, other
Prepared by documents and software submitted by the Consultant under this
the Consultant Contract shall become and remain the property of the PA, and the
to be the Consultant shall, not later than upon termination or expiration of this
Property of Contract, deliver all such documents to the PA, together with a
the PA detailed inventory thereof.
(b) The Consultant may retain a copy of such documents and software.
Restrictions about the future use of these documents, if any, shall be
3.8.2 The Consultant shall permit, and shall cause its Sub-consultants to
permit, the PA and/or persons appointed by the PA to inspect its
accounts and records relating to the performance of the Contract
and the submission of the Proposal to provide the Services, and to
have such accounts and records audited by auditors appointed by
the PA if requested by the PA. The Consultant’s attention is drawn
to Clause 1.9.1 which provides, inter alia, that acts intended to
materially impede the exercise of the PA’s inspection and audit
rights provided for under Clause 3.8 constitute a prohibited
practice subject to contract termination (as well as to a
determination of ineligibility pursuant to the PA’s prevailing
sanctions procedures.).
4. CONSULTANT’S PERSONNEL
4.1 Description of The Consultant shall employ and provide such qualified and
Personnel experienced Personnel and Sub-Consultants as are required to carry out
the Services. The titles, agreed job descriptions, minimum
qualifications, and estimated periods of engagement in the carrying out
of the Services of the Consultant’s Key Personnel are described in
Appendix C. The Key Personnel and Sub-Consultants listed by title as
well as by name in Appendix C are hereby approved by the PA.
4.2 Removal (a) Except as the PA may otherwise agree, no changes shall be made
and/or in the Key Personnel. If, for any reason beyond the reasonable
Replacement control of the Consultant, such as retirement, death, medical
of Personnel incapacity, among others, it becomes necessary to replace any of
the Key Personnel, the Consultant shall provide as a replacement
a person of equivalent or better qualifications.
(b) If the PA finds that any of the Personnel have (i) committed
serious misconduct or have been charged with having committed
a criminal action, or (ii) have reasonable cause to be dissatisfied
with the performance of any of the Personnel, then the Consultant
shall, at the PA’s written request specifying the grounds thereof,
provide as a replacement a person with qualifications and
(c) The Consultant shall have no claim for additional costs arising
out of or incidental to any removal and/or replacement of
Personnel.
5. OBLIGATIONS OF THE PA
5.1 Assistance and The PA shall use its best efforts to ensure that the Government shall
Exemptions provide the Consultant such assistance and exemptions as specified in
the SC.
5.2 Change in the If, after the date of this Contract, there is any change in the Applicable
Applicable Law with respect to taxes and duties which increases or decreases the
Law Related to cost incurred by the Consultant in performing the Services, then the
Taxes and remuneration and reimbursable expenses otherwise payable to the
Duties Consultant under this Contract shall be increased or decreased
accordingly by agreement between the Parties, and corresponding
adjustments shall be made to the amounts referred to in Clauses GC 6.2
(a) or (b), as the case may be.
5.3 Services and The PA shall make available free of charge to the Consultant the
Facilities Services and Facilities listed under Appendix F.
6.1 Security The consultant has to submit bid security and the performance security
at the rate mention in SC.
6.2 Lump-Sum The total payment due to the Consultant shall not exceed the Contract Price
which is an all inclusive fixed lump-sum covering all costs required to carry
Payment
out the Services described in Appendix A. Except as provided in Clause 5.2,
the Contract Price may only be increased above the amounts stated in Clause
6.2 if the Parties have agreed to additional payments in accordance with
Clause 2.4.
6.3 Contract Price The price payable in Pak Rupees/foreign currency/ is set forth in the
SC.
6.4 Payment for For the purpose of determining the remuneration due for additional
Additional services as may be agreed under Clause 2.4, a breakdown of the lump-
Services sum price is provided in Appendices D and E.
6.5 Terms and Payments will be made to the account of the Consultant and according
Conditions of to the payment schedule stated in the SC. Unless otherwise stated in the
Payment SC, the first payment shall be made against the provision by the
Consultant of an advance payment guarantee for the same amount, and
shall be valid for the period stated in the SC. Such guarantee shall be in
the form set forth in Appendix G hereto, or in such other form, as the
PA shall have approved in writing. Any other payment shall be made
after the conditions listed in the SC for such payment have been met,
and the Consultant has submitted an invoice to the PA specifying the
amount due.
7. GOOD FAITH
7.1 Good Faith The Parties undertake to act in good faith with respect to each other’s
rights under this Contract and to adopt all reasonable measures to ensure
the realization of the objectives of this Contract.
8. SETTLEMENT OF DISPUTES
8.1 Amicable The Parties agree that the avoidance or early resolution of disputes is
Settlement crucial for a smooth execution of the Contract and the success of the
assignment. The Parties shall use their best efforts to settle amicably all
disputes arising out of or in connection with this Contract or its
interpretation.
8.2 Dispute Any dispute between the Parties as to matters arising pursuant to this
Resolution Contract that cannot be settled amicably within thirty (30) days after
receipt by one Party of the other Party’s request for such amicable
settlement may be submitted by either Party for settlement in accordance
with the provisions specified in the SC.
{1.1} Sindh Public Procurement Act and Sindh Public Procurement Rules 2010.
Attention:
Facsimile:
E-mail:
1.8 PA shall specify all relevant taxes including stamp duty and service charges
to be borne by the consultant. In case there is exemption from any rates,
taxes, the same shall be mentioned here.
The Consultant must be informed in Clause Reference 3.7 of the Data Sheet
about which alternative the PA wishes to apply.
The PA warrants that the Consultant, the Sub-Consultants and the Personnel shall
be exempt from (or that the PA shall pay on behalf of the Consultant, the Sub-
Consultants and the Personnel, or shall reimburse the Consultant, the Sub-
Consultants and the Personnel for) any indirect taxes, duties, fees, levies and other
impositions imposed, under the Applicable Law, on the Consultant, the Sub-
Consultants and the Personnel in respect of:
(b) any equipment, materials and supplies brought into the Government’s
country by the Consultant or Sub-Consultants for the purpose of
carrying out the Services and which, after having been brought into
such territories, will be subsequently withdrawn there from by them;
(c) any equipment imported for the purpose of carrying out the Services
and paid for out of funds provided by the PA and which is treated as
property of the PA;
(d) any property brought into the province by the international Consultant, any
Sub-Consultants or the Personnel or the eligible dependents of such
Personnel for their personal use and which will subsequently be withdrawn
there from by them upon their respective departure from the Government’s
country, provided that:
2.3 The time period shall be [insert time period, e.g.: twelve months, eighteen
months ].
{3.7 (b)} Note: If there is to be no restriction on the future use of these documents by
either Party, this Clause SC 3.7 should be deleted. If the Parties wish to
restrict such use, any of the following options, or any other option agreed to
by the Parties, may be used:
{The Consultant shall not use these documents and software for purposes
unrelated to this Contract without the prior written approval of the PA.}
{The PA shall not use these documents and software for purposes unrelated
{Neither Party shall use these documents and software for purposes
unrelated to this Contract without the prior written approval of the other
Party.}
{5.1} Note: List here any assistance or exemptions that the PA may provide under
Clause 5.1. If there is no such assistance or exemptions, state “not
applicable.”
6.1 Procuring Agency shall indicate bid security not less than 1% and above 5%
Performance security shall not exceed 10% of contract amount
(a) Twenty (10) percent of the Contract Price shall be paid on the
commencement date against the submission of a demand guarantee for
the same.
(b) Ten (20) percent of the lump-sum amount shall be paid upon
submission of the inception report.
(c) Twenty-five (25) percent of the lump-sum amount shall be paid upon
submission of the interim report.
(d) Twenty-five (25) percent of the lump-sum amount shall be paid upon
submission of the draft final report.
(e) Twenty (20) percent of the lump-sum amount shall be paid upon
approval of the final report.
(f) The demand guarantee shall be released when the total payments reach
fifty (50) percent of the lump-sum amount.
Note: This sample clause should be specifically drafted for each contract.
Appendix A
(INTEGRITY PACT)
Without limiting the generality of the foregoing, [name of Supplier] represents and warrants that
it has fully declared the brokerage, commission, fees etc. paid or payable to anyone and not
given or agreed to give and shall not give or agree to give to anyone within or outside Pakistan
either directly or indirectly through any natural or juridical person, including its affiliate, agent,
associate, broker, consultant, director, promoter, shareholder, sponsor or subsidiary, any
commission, gratification, bribe, finder’s fee or kickback, whether described as consultation fee
or otherwise, with the object of obtaining or inducing the procurement of a contract, right,
interest, privilege or other obligation or benefit in whatsoever form from GoS, except that which
has been expressly declared pursuant hereto.
[name of Supplier] certifies that it has made and will make full disclosure of all agreements and
arrangements with all persons in respect of or related to the transaction with GoS and has not
taken any action or will not take any action to circumvent the above declaration, representation or
warranty.
[name of Supplier] accepts full responsibility and strict liability for making any false declaration,
not making full disclosure, misrepresenting facts or taking any action likely to defeat the purpose
of this declaration, representation and warranty. It agrees that any contract, right, interest,
privilege or other obligation or benefit obtained or procured as aforesaid shall, without prejudice
to any other rights and remedies available to GoS under any law, contract or other instrument, be
voidable at the option of GoS.
Notwithstanding any rights and remedies exercised by GoS in this regard, [name of Supplier]
agrees to indemnify GoS for any loss or damage incurred by it on account of its corrupt business
practices and further pay compensation to GoS in an amount equivalent to ten time the sum of
any commission, gratification, bribe, finder’s fee or kickback given by [name of Supplier] as
aforesaid for the purpose of obtaining or inducing the procurement of any contract, right, interest,
privilege or other obligation or benefit in whatsoever form from GoS.
CONTRACT
THIS CONTRACT (“Contract”) is entered into this [insert starting date of assignment] , by and
between [insert PA‟s name] (“the PA”) having its principal place of business at [insert PA‟s address] ,
and [insert Consultant‟s name] (“the Consultant”) having its principal office located at [insert
Consultant‟s address].
WHEREAS, the PA wishes to have the Consultant performing the services hereinafter referred
to, and
1. Services (i) The Consultant shall perform the services specified in Annex A,
“Terms of Reference and Scope of Services,” which is made an
integral part of this Contract (“the Services”).
2. Term The Consultant shall perform the Services during the period commencing
[insert start date] and continuing through [insert completion date] or any
other period as may be subsequently agreed by the parties in writing.
3. Payment A. Ceiling
C. Payment Conditions
4. Economic In order to adjust the remuneration for inflation, a price adjustment provision
Price Adjustment has been included if the contract has duration of more than 18 months or if the
inflation is expected to exceed ----% per annum. The adjustment will be made
every 12 months after the date of the contract for remuneration. Remuneration
will be adjusted by using the relevant index as per following provision:
“Payments for remuneration made in accordance with Clause 3 shall be
adjusted as follows:
Il
Rl Rlo
Ilo
where Rl is the adjusted remuneration, Rlo is the remuneration payable on
the basis of the rates set forth in Annex C for payable remuneration, Il is
the official rate of inflation for the first month for which the adjustment is
to have effect and, Ilo is the official rate of inflation for the month of the
date of the Contract.”]
5. Project A. Coordinator
Administratio
n The PA designates Mr./Ms. [insert name] as PA’s Coordinator; the
Coordinator shall be responsible for the coordination of activities
under the Contract, for receiving and approving invoices for payment,
and for acceptance of the deliverables by the PA.
B. Timesheets
During the course of their work under this Contract the Consultant’s
employees providing services under this Contract may be required to
complete timesheets or any other document used to identify time spent,
as instructed by the Coordinator.
6. Performance The Consultant undertakes to perform the Services with the highest standards
Standard of professional and ethical competence and integrity. The Consultant shall
promptly replace any employees assigned under this Contract that the PA
considers unsatisfactory.
7. Confidenti- The Consultants shall not, during the term of this Contract and within two
ality years after its expiration, disclose any proprietary or confidential information
relating to the Services, this Contract or the PA’s business or operations
without the prior written consent of the PA.
8. Ownership of Any studies, reports or other material, graphic, software or otherwise, prepared
Material by the Consultant for the PA under the Contract shall belong to and remain the
property of the PA. The Consultant may retain a copy of such documents and
software.
9. Consultant The Consultant agrees that, during the term of this Contract and after its
Not to be termination, the Consultants and any entity affiliated with the Consultant, shall
Engaged in be disqualified from providing goods, works or services (other than the
Certain Services or any continuation thereof) for any project resulting from or closely
Activities related to the Services.
10. Insurance The Consultant will be responsible for taking out any appropriate insurance
coverage for their personnel and equipments.
11. Assignment The Consultant shall not assign this Contract or Subcontract any portion
thereof it without the PA's prior written consent.
12. Law The Contract shall be governed by the laws of Islamic Republic of Pakistan or
Governing the Provincial Government and the language of the Contract shall be English.
Contract and
Language
13. Dispute Any dispute arising out of this Contract, which cannot be amicably settled
Resolution between the parties, shall be referred to adjudication/arbitration in accordance
with the Arbitration Act of 1940