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Request For Proposal For Resident Construction Supervision
Request For Proposal For Resident Construction Supervision
TENDER # 2024/RFP/33
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IDAP
E- PROCUREMENT
Date: ………………..
1. The ‘Infrastructure Development Authority of the Punjab’ (IDAP) has been established as an
autonomous body under the Infrastructure Development Authority of the Punjab Act, 2016 (Act IV of
2016) by the Government of Punjab for planning, designing, construction and maintenance of
Infrastructure in Punjab in line with best international practices to cope with future development needs.
2. The Infrastructure Development Authority Punjab (IDAP) invites proposals through its E-Procurement
Portal for “RESIDENT CONSTRUCTION SUPERVISION FOR ESTABLISHMENT OF NAWAZ
SHARIF INSTITUTE OF CARDILOGY, SARGODHA”. Details on the services are provided in the
Terms of Reference
3. This Request for Proposal (RFP) is addressed to the competent and qualified Consulting Firms meeting
the Eligibility & Qualification Criteria as per Instruction to Consultant 21.1.
4. A firm will be selected under Quality & Cost Based Selection (QCBS) method and procedures described
in this RFP, in accordance with the Punjab Procurements Rules, 2014 and procedures described in this
RFP.
Yours sincerely,
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
(k) “LOI” (Section 1 of the RFP) means the Letter of Invitation sent
by the Procuring Agency to the shortlisted Consultants.
(l) “Non-Key Expert(s)” means an individual professional provided
by the Consultant and who is assigned to perform the Non-Key
Services or any part thereof under the Contract.
(m) “Proposal” means the Technical Proposal and the Financial
Proposal of the Consultant.
(n) “RFP” means the Request for Proposal to be prepared by the
Procuring Agency for the selection of consultants, based on the
STANDARD RFP.
(o) “Services” means the work to be performed by the Consultant
pursuant to the Contract.
(p) “STANDARD RFP” means the Standard Request For Proposal,
which must be used by the Procuring Agency as the basis for the
preparation of the RFP.
(q) “Sub-Consultant” means an entity to whom the Consultant sub-
contract any part of the Services while remaining responsible to
the Procuring Agency during the performance of the Contract with
prior approval of the Procuring Agency.
(r) “TORs” (Section 7 of the RFP) means the Terms of Reference
that explain the objectives, scope of work, activities, and 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 intends to select
a Consultant in accordance with the method of selection specified in the
Data Sheet.
2.2 The Consultants are invited to submit a Technical Proposal and a
Financial Proposal, or a Technical Proposal only, as specified in the Data
Sheet, for consulting services required for the assignment named in the
Data Sheet. The Proposal will be submitted on IDAP’s E-Procurement
Portal only. The Proposal will be the basis for negotiating and ultimately
signing the Contract with the selected Consultant.
2.3 The Consultants should familiarize themselves with the local
conditions and take them into account in preparing their Proposals,
including attending a pre-proposal conference if one is specified in the Data
Sheet. Attending any such pre-proposal conference is optional and is at
the Consultants’ expense.
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
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4. Unfair 4.1 Fairness and transparency in the selection process require that the
Competitive Consultants or their Affiliates competing for a specific assignment do not
Advantage derive a competitive advantage from having provided consulting services
related to the assignment in question. To that end, the Procuring Agency
shall indicate in the Data Sheet and make available to all shortlisted
Consultants together with this RFP all information that would in that respect
give such Consultant any unfair competitive advantage over competing
Consultants.
5. Corrupt 5.1 The Authority requires compliance with its Regulatory Framework in
Practices regard to corrupt practices as set forth in Section 6.
5.2 In further pursuance of this Regulatory Framework, Consultants shall
permit and shall cause their agents (where declared or not), sub-
Contractors, sub-Contractors, Consultants, suppliers, and personnel, to
permit the Procuring Agency to inspect all accounts, records and other
documents relating to any shortlisting process, Proposal submission, and
Contract performance (in the case of award), and to have them audited by
auditors appointed by the Procuring Agency.
6. Eligibility 6.1 Unless stated otherwise in the Data Sheet, The Procuring Agency
permits Consultants (individuals and firms, including Joint Ventures,
Consortium and their individual members from all countries (which fulfill the
required criteria and registered with relevant authorities) except (countries
to mentioned as per policy of the government) to offer consulting services
for the project.
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
d. Restrictions for 6.3.4 Government officials and civil servants are not eligible to be
public employees included as Experts in the Consultant’s Proposal unless such
engagement does not conflict with any employment or other laws,
regulations, or policies of the Government. However, they are
eligible if they:
(i) are on leave, or have resigned or retired;
(ii) are not being hired by the same agency they were working for
before going on leave, resigning, or retiring
(in case of resignation or retirement, a period of at least two years, or the
period established by statutory provisions applying to civil servants or
government employees whichever is longer, should pass before working
as Consultants for the same agency); and
(iii) would not create a conflict of interest if hired.
B. Preparation of Proposals
7. General 7.1 In preparing the Proposal, the Consultant is expected to examine
Consideration the RFP in detail. Material deficiencies in providing the information
s requested in the RFP may result in rejection of the Proposal.
8. Cost of 8.1 The Consultant shall bear all costs associated with the preparation
Preparation of and submission of its Proposal, and the Procuring Agency shall not be
Proposal responsible or liable for those costs, regardless of the conduct or outcome
of the selection process. The Procuring Agency is not bound to accept any
proposal, and reserves the right to annul the selection process in
accordance with the procurement regulatory framework at any time prior to
Contract award, without thereby incurring any liability to the Consultant.
9. Language 9.1 The Proposal, as well as all correspondence and documents
relating to the Proposal exchanged between the Consultant and the
Procuring Agency, shall be written in the language(s) specified in the Data
Sheet.
10. Documents 10.1 The Proposal shall comprise the documents and forms listed in the
Comprising the Data Sheet.
Proposal
10.2 If specified in the Data Sheet, the Consultant shall include a
statement of an undertaking of the Consultant to observe, in competing for
and executing a Contract, the Procuring Regulatory Framework regarding
corrupt practices.
10.3 The Consultant shall furnish information on commissions,
gratuities, and fees, if any, paid or to be paid to agents or any other party
relating to this Proposal and, if awarded, Contract execution, as requested
in the Financial Proposal submission form (Section 4).
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
11. Only One 11.1 The Consultant (including the individual members of any Joint
Proposal Venture/ Consortium) shall submit only one Proposal, either in its own
name or as part of a Joint Venture/ Consortium in another Proposal. If a
Consultant, including any Joint Venture / Consortium member, submits or
participates in more than one proposal, all such proposals shall be
disqualified and rejected. This condition also applies on a Sub-Consultant,
or the Consultant’s staff, Key Experts and Non-Key Experts not to
associate with more than one Consultant.
12. a. Proposal 12.1 Proposals shall remain valid for the period specified in the Data
Validity Sheet after the Proposal submission deadline prescribed by the Procuring
Agency.
12.2 During this period, the Consultant shall maintain its original
Proposal without any change, including the availability of the Key Experts,
the proposed rates and the total price.
12.4 The Bid Security [to be is required to protect the Procuring Agency
against the risk of Consultant’s conduct which would warrant the
Consultant to face the blacklisting or debarment proceedings in
accordance with regulatory framework.
b. Bid security 12.7 The successful Consultant’s /Bid Security will be discharged upon
signing of the Contract with the Successful Consultant.
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12.11 The Consultant has the right to refuse to extend the validity of its
Proposal in which case such Proposal will not be further evaluated.
d. Substitution of 12.12 If any of the Key Experts become unavailable for the extended
Key Experts at validity period or during the continuation of consultancy services, the
Validity Extension Consultant shall provide a written adequate justification and evidence
satisfactory to the Procuring Agency together with the substitution request.
Finally, the Procuring Agency shall decide whether to accept the substitute
or otherwise. In such case, a replacement Key Expert shall have equal or
better qualifications and experience than those of the originally proposed
Key Expert. The technical evaluation score, however, will remain to be
based on the evaluation of the CV of the original Key Expert.
e. Sub-Contracting 12.14 The Consultant shall not sub-contract the whole of the Services.
13. Clarification 13.1 The Consultant may request a clarification of any part of the RFP
and to be received by the Procuring Agency at least three (03) days before the
Amendment of Proposals’ submission deadline thorough E-Procurement Portal . Any
RFP request for clarification must be sent thorough E-Procurement Portal using
the TAB “Clarification” to the Procuring Agency.. The Procuring Agency
will respond through E-Procurement Portal, and will send the response
(including an explanation of the query but without identifying its source) to
all shortlisted Consultants. Should the Procuring Agency deem it
necessary to amend the RFP as a result of a clarification or at its own
initiative, it shall do so following the procedure described below:
13.1.1 At any time before the proposal submission deadline, but
not later than three (03) Working Days prior to the Proposals’
submission deadline, the Procuring Agency may amend the RFP by
issuing an amendment in “Addendum” section of E-Procurement
Portal. The amendment shall be sent to all Consultants and will be
binding on them.
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b. Currency of 16.3 The Consultant may express the price for its Services in the
Proposal currency or currencies as stated in the Data Sheet. If indicated in the Data
Sheet, the portion of the price representing local cost shall be stated in the
national currency.
c. Currency of 16.4 Payment under the Contract shall be made in the currency or
Payment currencies in which the consultant is required to submit the financial
proposal
17.5
18. Confidentiality 18.1 From the time the Proposals are opened to the time the
Evaluation Report is published, the Consultant should not contact the
Procuring Agency on any matter related to its Technical and/or Financial
Proposal. Information relating to the evaluation of Proposals shall not
be disclosed to the Consultants who submitted the Proposals or to any
other party not officially concerned with the process, until the publication
of the Evaluation Report.
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21. Evaluation of 21.1 The Procuring Agency’s evaluation committee shall evaluate
Technical the Technical Proposals on the basis of their responsiveness to the
Proposals Terms of Reference and the RFP, applying the evaluation criteria, sub-
criteria, and point system specified in the Data Sheet. Each responsive
Proposal will be given a technical score. A Proposal shall be rejected at
this stage if it does not respond to important aspects of the RFP or if it
fails to achieve the minimum technical score indicated in the Data
Sheet.
22. Financial 22.1 Following the ranking of the Technical Proposals, when the
Proposals for QBS selection is based on quality only (QBS), the top-ranked Consultant is
invited to negotiate the Contract.
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b. Lump-Sum Contracts 24.2 If a Lump-Sum Contract form is included in the RFP, the
Consultant is deemed to have included all prices in the Financial
Proposal. The total price, net of taxes understood as per Clause ITC 25
below, specified in the Financial Proposal (Form FIN-1) shall be
considered as the offered price. [Details to be provided by the procuring
agency]
25. Taxes 25.1 The Procuring Agency’s evaluation of the Consultant’s Financial
Proposal shall include applicable taxes and duties in accordance with
the instructions in the Data Sheet as the same are constant for all.
26. Conversion to 26.1 For the evaluation purposes, prices shall be converted to a
Single Currency single currency using the selling rates of exchange, source and date
indicated in the Data Sheet.
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29. Conclusion of 29.1 The negotiations are concluded with a review of the finalized
Negotiations draft Contract, which shall then be initialed by the Procuring Agency and
the Consultant’s authorized representative.
29.2 If the negotiations fail, the Procuring Agency shall inform the
Consultant in writing of all pending issues and disagreements and
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Instructions to Consultants
E. Data Sheet
A. General
ITC Clause
Reference
2.1 Name of the Procuring Agency: Infrastructure Development Authority of the Punjab
(IDAP)
Method of selection: Quality & Cost Based Selection (QCBS)
General Manager
Procurement & Contracts
Infrastructure Development Authority of the Punjab (IDAP)
+9242 99332631-42
procurement@idap.pk
2.4 The Procuring Agency will provide the following inputs, project data, reports, etc. to
facilitate the preparation of the Proposals: (N/A)
4.1 N/A
6.3.1 A list of debarred firms and individuals is available at the PPRA website:
ppra.punjab.gov.pk
B. Preparation of Proposals
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Financial Proposal
FIN-1 Financial Proposal Submission Form
FIN-2 Summary of Costs
FIN-3 Breakdown of Renumartion
FIN-4 Breakdown of Reimbursable
11.1 Association of Sub-Contractors, Key Experts and Non-Key Experts with more than one
Consultant in a Proposal is not permissible.
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12.1 Proposals shall be valid for 120 days after the submission date
13.1 Clarifications may be requested no later than 03 (Three) days prior to the submission
deadline.
15.2 The format of the Technical Proposal to be submitted is: Full technical Proposal as per
attached forms.
Submission of the Technical Proposal in a wrong format may lead to the Proposal being
deemed non-responsive to the RFP requirements.
16.2 Consultant submitting bis is responsible for meeting all taxes. Proposal shall be
submitted inclusive of all applicable taxes and duties etc.
16.3 Price for all Services shall be submitted in Proposal in PKR only.
16.4 The Financial Proposal shall be stated in the following currencies: PKR
The Financial Proposal should state local costs in the Procuring Agency’s country
currency (local currency): Yes (PKR)
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17.1 The Consultants shall have the only option of submitting their Proposals electronically
using E-Procurement Portal of Procuring Agency
19.1 An online option of the opening of the Technical Proposals is offered: Yes
19.2 In addition, the following information will be read aloud at the opening of the Technical
Proposals: No additional information
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and/or refer the case to the concerned forum(s). Upon such reference, the
concerned forum(s) in accordance with its rules, procedures and relevant
laws of the land take such action as may be deemed appropriate under the
circumstances of the case including blacklisting of such Bidder and debarring
him from participation in future bidding for similar works.
v. Affidavit on non-judicial stamp paper (of value PKR 300/-) declaring
“Applicant/Company is currently not blacklisted/ defaulted by the Employer
and/or Procurement Regulatory Authorities in Pakistan all procuring
agencies.
vi. Provide a separate affidavit on non-judicial stamp paper (of value PKR 300/-
that the information supplied by the firm is correct. (Form GEN - 3)
A Financial Soundness 10
B Experience Record 60
C Personnel Capabilities 30
Total 100
Marks shall only be given if the Forms are filled as per the instructions given in this Document.
No compromise shall be made on the minimum requirements of 50% marks in each
Category (A, B, C) and an overall minimum of 70% marks required to qualify in the
aforesaid qualification criteria.
Criteria, sub-criteria and marking system for the evaluation of Consultants shall be as under:
For financial soundness, audited financial statements for the last three financial
years shall be submitted. No marks shall be given if audited financial statements of
the last three financial years are not attached.
Marks shall be awarded on the basis of the following criteria:
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S. Marks
Category Criteria for Marks
No Assigned
Average Annual turnover for the Full marks if the average annual turnover
last three financial years of the last three financial years is PKR
commencing from 1st July and 200 million or above.
ending on 30th June for each For average annual turnover of less than
I year. 10 PKR 200 million, marks shall be
awarded as per the following formula: (A
Form TECH-01 shall be filled / 200) x 10
‘A’ is the average annual turnover
No marks if the average annual
turnover is less than PKR 100 million.
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Note:
1. Key professional staff proposed shall be permanent employees having a minimum stay with
the firm for such persons is Six months of the firm which shall be established by satisfactory proof
i.e., valid PEC certificate, Salary slips or any other document. No alternative to key professional
staff may be proposed and only one CV shall be submitted for each position. If the employment
of any Employee with the firm is less than 6 months or in the absence of the proof 33% marks
will be deducted.
*2. The Employer shall not consider the Key Personnel already proposed in other proposals
under evaluation with IDAP, or to be awarded/awarded recently/In-Hand by the IDAP. This will
affect adversely the marking of these professionals in the evaluation of the technical proposal.
Their secured points shall be liable to be reduced by 100% if their name appears in more than
one (01) proposal.
*It is only applicable to Key Personnel mentioned at Sr. no. (i) to (v)
No of Marks Education &
S. No. Description Professionals Experience (Mandatory
Assigned
Requirement)
C Key Personnel – Resident Construction Supervision
B.Sc. Civil Engineering with
minimum 15 years of relevant
experience OR Masters in
relevant field (Civil
Engineering/Project
i) Resident Engineer 01 04 Management etc.) with
minimum 13 years of relevant
experience. The individual
must be registered as
“Professional Engineer” with
the PEC.
B.Sc. Civil Engineering with
minimum 8 years of relevant
experience OR Masters in
relevant field (Civil
Engineering/Project
Assistant Resident
ii) 01 02 Management etc.) with
Engineer
minimum 6 years of relevant
(Civil)
experience. The individual must
be a Registered Engineer with
the PEC.
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B.Sc. Civil
Engineering/Geological
Engineering with minimum 8
QA/QC & Material
iv) 01 02 years of relevant experience.
Engineer
The individual must be
registered with the Pakistan
Engineering Council.
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Bachelor's in Architecture or
Architectural Engineering with
minimum 10 years relevant
experience or Masters in
relevant discipline with
vi) Architect 01 02 minimum 08 years relevant
experience. The individual
must be registered with the
Pakistan Council for
Architects & Town Planners
(PCATP).
B.Sc. Biomedical/Electrical
Engineering with a minimum
of 10 years total experience or
Masters in relevant discipline
vii) Biomedical Specialist 01 02 with a minimum of 08 years
total experience. Total
experience shall include a
minimum of 06 years of
relevant experience.
Non-Key Personnel
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02
DAE Civil with minimum 10
v) Quantity Surveyor 02 (01 Marks for years of relevant experience
each)
Sub-category C Total 30
23.1 An online option of the opening of the Financial Proposals is offered: Yes
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“The online opening procedure shall be done publicly on E-Procurement Portal at least
five days after Technical Evaluation announcement to bidders in the presence of the
consultants’ representatives who choose to attend. One Time Password will be sent to
the bidder Authorized Email and/or SMS for Opening of Financial Proposal. Proposal will
be opened through that one Time Password.
25.1
Consultant’s Financial Proposal shall include all applicable taxes and duties in accordance with
the prevailing Laws, Rules, and Regulations.
27.1 The lowest evaluated Financial Proposal (Fm) is given the maximum financial score (Sf)
(QCBS only) of 100.
The formula for determining the financial scores (Sf) of all other Proposals is calculated
as following:
Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest price, and “F” the price
of the proposal under consideration.
The weights given to the Technical (T) and Financial (P) Proposals are:
T =80%, and
P =20%
Proposals are ranked according to their combined technical (St) and financial (Sf) scores using
the weights (T = the weight given to the Technical Proposal; P = the weight given to the Financial
Proposal; T + P = 1) as following: S = St x T% + Sf x P%.
The Consultant achieving the highest combined technical and financial score (S) will be
considered for award of the Contract.
30.1, 12.4, Amount of Bid Security shall be PKR 1,000,000 (One Million only)
12.5 & 12.6
31.1 Successful consultant shall be required to submit Stamp duty (under Stamp Duty Act 1899) within
Seven (07) days of the demand by the procuring agency for signing of contract.
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GEN-1 Technical Proposal Submission Form along with Power of Attorney to sign the Proposal.
GEN-2 General Information Form
GEN-3 Affidavit of Correctness
GEN-4 Litigation History
TECH-2 Consultant’s Experience (Summary of Similar Nature Project Completed in Last 10 Years)
TECH-3 Consultant’s Experience (Detail of Similar Nature Project Completed in Last 10 Years)
TECH-6 Consultant’s Experience (Summary of Civil Works Consultancy & Resident Construction
Supervision Completed in Last 10 Years)
TECH-7 Consultant’s Experience (Detail of Civil Works Consultancy & Resident Construction
Supervision Completed in Last 10 Years)
All pages of the original Technical and Financial Proposal shall be initialed by the same
authorized representative of the Consultant who signs the Proposal.
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FORM GEN-1
{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. [Select appropriate
wording depending on the selection method stated in the RFP] We are hereby submitting our Proposal
on E-Procurement Portal of IDAP, which includes Technical Proposal and a Financial Proposal
{If the Consultant is a Joint Venture/ Consortium, insert the following:} We are submitting our
Proposal a Joint Venture/ Consortium with: {Insert a list with full name and the legal address of each
member, and indicate the lead member}. We have attached a Original copy of the JV/ Consortium
agreement signed by every participating member, which details the legal structure of and the confirmation
of joint and severable liability of the members of the said Joint Venture/ Consortium.
(a) All the information and statements made in this Proposal are true and we accept that any
misinterpretation or misrepresentation contained in this Proposal may lead to our
disqualification by the Procuring Agency.
(b) Our Proposal shall be valid and remain binding upon us until {insert day, month and year
in accordance with ITC 12.1}.
(d) In competing for and, if the award is made to us, in executing the Contract, we undertake
to observe the laws against fraud and corruption, including bribery, in force in the
Province of the Procuring Agency.
(e) Except as stated in the Data Sheet, Clause 12.7, we undertake to negotiate a Contract
on the basis of the proposed Key Experts. We accept that the substitution of Key Experts
for reasons other than those stated in ITC Clause 12 and ITC Clause 28.4 may lead to
the termination of Contract negotiations.
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
(f) Our Proposal is binding upon us and subject to any modifications resulting from the
Contract negotiations.
We undertake, if our Proposal is accepted and the Contract is signed, to initiate the Services
related to the assignment no later than the date indicated in the Contract.
We understand that the Procuring Agency is not bound to accept any Proposal that the Procuring
Agency receives.
We remain,
Yours sincerely,
Address:
Contact information {phone and e-mail}:
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Applicant applying for consultancy services is required to complete the information in this form.
Nationality information is also to be provided for foreign owners or Consultants who are forming part
of the Joint Venture as required under the PEC Bye-Laws for Joint Venture.
1. Name of Consultant
3. Telephone
4. Fax
5. Type of Organization
7. NTN#
1.
2.
3.
4.
5.
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Name:
(Applicant)
I (we), the undersigned, do hereby certify that all the statements made in the Qualification Forms and in the
supporting documents are true, correct and valid to the best of my knowledge and belief and may be verified
by Employer if the Employer, at any time, deems it necessary.
The undersigned hereby authorizes and request the bank, person, firm or corporation to furnish any additional
information requested by the Infrastructure Development Authority of the Punjab (IDAP) deemed necessary to
verify this statement regarding my (our) competence and general reputation.
The undersigned understands and agrees that further qualifying information may be requested and agrees to
furnish any such information at the request of the IDAP.
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Name: (Applicant)
Name of
Client, Disputed Award FOR or
Cause of amount
Description of (Current value in PKR AGAINST Remarks by
Year litigation and
Contract or US$ equivalent) Applicant Applicant
matter in dispute
Attach an Affidavit on non-judicial stamp paper that non-performance of a contract has not occurred
within the last ten years based on information on all settled disputes or litigation.
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The consultant will provide financial information to demonstrate that they meet the requirements of the
Evaluation Criteria. If necessary, use separate sheets to provide complete information. A copy of the
audited financial statements of the past three (3) financial years must be attached.
Turnover
Year Rupees in Million
(in Actual Currency)
2022 – 2023
2021 – 2022
2020 – 2021
Average of above
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Name of Applicant
*Each project provided in this form requires a corresponding Form TECH-3 and adequate documentary
evidence in order to be eligible for consideration
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Name of Applicant
A separate form with adequate documentary evidence (Completion Certificate/ Contract Agreement
indicating Consultancy Cost) shall be provided for each project in Form TECH-2.
1. Name of Contract
Location
2. Name of Employer
3. Employer Address
....................................................................................................................
....................................................................................................................
....................................................................................................................
PKR…………. USD……………
8. Date of Award
9. Date of Completion
10. Name of senior professional staff of your firm involved and functions performed in this
project (indicate most significant profiles such as Project Director/Coordinator, Team
Leader):
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Name of Applicant
*Each project provided in this form requires a corresponding Form TECH-5 and adequate
documentary evidence in order to be eligible for consideration.
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Name of Applicant
A separate form with adequate documentary evidence (Letter of Award/ Agreement indicating
Consultancy Cost) shall be provided for each project in Form TECH-4.
1. Name of Contract
Location
2. Name of Employer
3. Employer Address
....................................................................................................................
....................................................................................................................
....................................................................................................................
PKR…………. USD……………
8. Date of Award
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Name of Applicant
*Each project provided in this form requires a corresponding Form TECH-7 and adequate documentary
evidence in order to be eligible for consideration
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Name of Applicant
A separate form with adequate documentary evidence (Completion Certificate/ Contract Agreement
indicating Consultancy Cost) shall be provided for each project in Form TECH-6.
1. Name of Contract
Location
2. Name of Employer
3. Employer Address
....................................................................................................................
....................................................................................................................
....................................................................................................................
PKR…………. USD……………
8. Date of Award
9. Date of Completion
10. Name of senior professional staff of your firm involved and functions performed in this
project (indicate most significant profiles such as Project Director/Coordinator, Team
Leader):
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
Professional Staff
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
Form TECH-9
Curriculum Vitae (CV) for Proposed Professional Staff
6. Education:
8. Other Training [Indicate significant training since degrees under 6 - Education were obtained]:
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 Position From (MM/YYYY) To (MM/YYYY)
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
12. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned
[Among the assignments in which the staff has been involved, indicate the following information for
those assignments that best illustrate staff capability to handle the tasks listed under point 11.]
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes my
qualifications, my experience, and myself. I understand that any wilful misstatement described herein may lead
to my disqualification or dismissal, if engaged.
Date:
[Signature of staff member] Day/Month/Year
Full name and signatures of authorized representative:
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
9
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 fieldwork.
3. Fieldwork means work carried out at a place other than the Consultant's home office.
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
Year:
__________
Months2
N° Activity1
Aug Sep Oct Nov Dec Jan Feb Mar April May June July
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 Employer’s review of reports and 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.
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
Annex-A
BID SECURITY
(Bank Guarantee)
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Bidder has submitted
the accompanying Bid dated ______ for Bid No. _______ for_______(Particulars of Bid) to
the said Employer; and
WHEREAS, the Employer has required as a condition for considering said Bid that the Bidder
furnishes a Bid Security in the above said sum from a Scheduled Bank in Pakistan or from a
foreign bank duly counter-guaranteed by a Scheduled Bank in Pakistan, to the Employer,
conditioned as under:
that the Bid Security shall remain in force up to and including the date 28 days after the deadline
for the validity of bids as stated in the Instructions to Bidders or as it may be extended by the
Employer, notice of which extension(s) to the Surety is hereby waived;
that the Bid Security of unsuccessful Bidders will be returned by the Employer after the expiry
of the grievance period; and
that in the event of failure of the successful Bidder to execute the proposed Contract Agreement
for such work, the entire said sum be paid immediately to the said Employer pursuant to Clause
9.1 of the Instruction to Consultant for the successful Bidder's failure to perform.
NOW, THEREFORE, if the successful Bidder shall, within the period specified therefore, on
the prescribed form presented to him for signature enter into a formal Contract with the said
Employer in accordance with his Bid as accepted and proper fulfilment of the said Contract or
in the event of non-withdrawal of the said Bid within the time specified for its validity then this
obligation shall be void and of no effect, but otherwise to remain in full force and effect.
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
PROVIDED THAT the Surety shall forthwith pay the Employer the said sum upon first written
demand of the Employer (without cavil or argument) and without requiring the Employer to
prove or to show grounds or reasons for such demand, a notice of which shall be sent by the
Employer by registered post duly addressed to the Surety at its address given above.
PROVIDED ALSO THAT the Employer shall be the sole and final judge for deciding whether
the Principal (Bidder) has duly performed his obligations to sign the Contract Agreement, or
has defaulted in fulfilling said requirements and the Surety shall pay without objection the said
sum upon demand from the Employer forthwith and without any reference to the Principal
(Bidder) or any other person.
IN WITNESS WHEREOF, the above bounden Surety has executed the instrument under its
seal on the date indicated above, the name and seal of the Surety being hereto affixed and these
presents duly signed by its undersigned representative pursuant to authority of its governing
body.
SURETY (Bank)
WITNESS: Signature
1. Name
Title
2.
__________________________
Name, Title & Address
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
{Notes to Consultant shown in brackets { } to provide guidance to the Consultant to prepare the Financial
Proposals; they should not appear on 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 in Section 2.
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
FORM FIN-1
FINANCIAL PROPOSAL SUBMISSION FORM
{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 amount of {Indicate the corresponding to the amount(s)
currency (ies)} {Insert amount(s) in words and figures},This amount is inclusive of all applicable taxes. .
{Please note that all amounts shall be the same as in Form FIN-2}.
Our Financial Proposal shall be valid and remain binding upon us, subject to the modifications
resulting from Contract negotiations, until [in accordance with ITC 12.1].
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
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Appendices Lump-Sum
Costs
Item
Pak Rupees
PRA @16%
1. Indicate the total costs, including of local taxes, such total costs must coincide with the sum of the
relevant Subtotals indicated in all Forms FIN-3 provided with the Proposal.
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
Costs
Item
Pak Rupees
Remunerations
Construction Supervision Phase
(Inclusive of all taxes)
Direct Cost
Remunerations
Defect Liability Phase (Inclusive of all
taxes)
Direct Cost
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. 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-11.
3. Short description of the activities whose cost breakdown is provided in this Form.
4. Remuneration and Direct Expenses must respectively coincide with relevant Total
Costs indicated in Forms FIN-4, and FIN-5.
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Appendices Lump-Sum
1. Professional Staff should be indicated individually; Support Staff should be indicated per
category.
2. Indicate separately staff-month rate and currency for home and fieldwork
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
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Appendices Lump-Sum
All the Consultants are allowed to participate in the subject procurement without regard to nationality, except
consultants of some nationality, prohibited in accordance with policy of the Government.
Ministry of Interior, Government of Pakistan has notified List of Business-Friendly Countries (BVL), Latest
information may be confirmed from the relevant quarter.
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
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Appendices Lump-Sum
21. Blacklisting.–(1) A procuring agency may, for a specified period, debar a bidder
or Contractor from participating in any public procurement process of the procuring
agency, if the bidder or Contractor has:
(a) acted in a manner detrimental to the public interest or good practices;
(b) consistently failed to perform his obligation under the Contract;
(c) not performed the Contract up to the mark; or
(d) indulged in any corrupt practice.
(2) If a procuring agency debars a bidder or Contractor under sub-rule (1), the
procuring agency:
(a) shall forward the decision to the Authority for publication on the
website of the Authority; and
(b) may request the Authority to debar the bidder or Contractor for
procurement of all procuring agencies.
(3) The Managing Director may debar a bidder or Contractor of any procuring
agency from participating in any public procurement process of all or some of the
procuring agencies for such period as the Managing Director may determine.
(4) Any person aggrieved by a declaration made under rule 20 or a decision
under sub-rule (1) of this rule may, within thirty days from the date of the publication
of the information on the website of the Authority, file a representation before the
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
Managing Director and the Managing Director may pass such order on the
representation as he may deem fit.
(5) Any person or procuring agency aggrieved by an order under sub-rule (3) or
(4) may, within thirty days of the order, file a representation before the Chairperson
and the Chairperson may pass such order on the representation as he may deem
appropriate.
(6) The mechanism or process for barring a bidder or Contractor from
participating in procurement process of a procuring agency, procuring agencies and a
representation under this rule is specified in the Schedule appended to these rules.
As per Schedule appended with PPR-14:
SCHEDULE
see sub-rule (6) of rule 21
BLACKLISTING MECHANISM OR PROCESS
1. The procuring agency may, on information received from any resource, issue
show cause notice to a bidder or Contractor.
2. The show cause notice shall contain:
(a) precise allegation, against the bidder or Contractor;
(b) the maximum period for which the procuring agency proposes to debar
the bidder or Contractor from participating in any public procurement of
the procuring agency; and
(c) the statement, if needed, about the intention of the procuring agency to
make a request to the Authority for debarring the bidder or Contractor
from participating in public procurements of all the procuring agencies.
3. The procuring agency shall give minimum of seven days to the bidder or
Contractor for submission of written reply of the show cause notice.
4. In case, the bidder or Contractor fails to submit written reply within the
requisite time, the procuring agency may issue notice for personal hearing to
the bidder or Contractor/ authorize representative of the bidder or Contractor
and the procuring agency shall decide the matter on the basis of available record
and personal hearing, if availed.
In case the bidder or Contractor submits written reply of the show cause notice, the
procuring agency may decide to file the matter or direct issuance of a notice to
the bidder or Contractor for personal hearing.
6. The procuring agency shall give minimum of seven days to the bidder or
Contractor for appearance before the specified officer of the procuring agency
for personal hearing.
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Appendices Lump-Sum
7. The procuring agency shall decide the matter on the basis of the available record
and personal hearing of the bidder or Contractor, if availed.
8. The procuring agency shall decide the matter within fifteen days from the
date of personal hearing unless the personal hearing is adjourned to a next
date and in such an eventuality, the period of personal hearing shall be reckoned
from the last date of personal hearing.
9. The procuring agency shall communicate to the bidder or Contractor the order
of debarring the bidder or Contractor from participating in any public
procurement with a statement that the bidder or Contractor may, within thirty
days, prefer a representation against the order before the Managing Director of
the Authority.
10. The procuring agency shall, as soon as possible, communicate the order of
blacklisting to the Authority with the request to upload the information on its
website.
11. If the procuring agency wants the Authority to debar the bidder or Contractor
from participating in any public procurement of all procuring agencies, the
procuring agency shall specify reasons for such dispensation.
12. The Authority shall immediately publish the information and decision of
blacklisting on its website.
13. In case of request of a procuring agency under para 11 or representation of any
aggrieved person under rule 21, the Managing Director shall issue a notice for
personal hearing to the parties and call for record of proceedings of blacklisting.
The parties may file written statements and documents in support of their
contentions.
14. In case of representation of any aggrieved person or procuring agency under
rule 21, the Chairperson shall issue a notice for personal hearing to the parties
and may call for the record of the proceedings. The parties may file written
statements and documents in support of their contentions.
15. In every order of blacklisting under rule 21, the procuring agency shall record
reasons of blacklisting and also reasons for short, long or medium period of
blacklisting.
16. The Authority shall upload all the decisions under rule 21, available with it, on
its website. But the name of a bidder or Contractor shall immediately be
removed from the list of blacklisted persons on expiry of period of blacklisting
or order of the competent authority to that effect, whichever is earlier.
17. An effort shall be made for electronic communication of all the notices and
other documents pursuant to this mechanism or process.
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REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES
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TERMS OF REFERENCE (TORs)
FOR RESIDENT CONSTRUCTION SUPERVISION CONSULTANT
1. INTRODUCTION
1.1. This Section outlines requirements about construction supervision services to be provided by the Consultant.
1.2. The Consultant is required to provide full time Post-Contract Resident Supervision, Quantity Surveying and
Project Management Consultancy Services in accordance with Consultancy Services Agreement (CSA), and
all relevant notices or circulars or directions issued (or will be issued) by the Infrastructure Development
Authority of the Punjab (IDAP), Government of the Punjab.
1.3. The Consultant shall review and assist the IDAP with the coordination and the construction of the Project from
a qualitative perspective, safety and logistical issues. All communication, coordination and management of
issues related to quality, time and cost shall be the responsibility of the Consultant. The Consultant will, as
part of their professional diligence, be expected to identify and report on such items if their observations,
indicate that important issues affecting the success of the Project may have been overlooked. Final Authority
over time and money will however be of the IDAP. The Consultant's staff for the Post Contract and Supervision
Services will supervise the works, make recommendations to the IDAP on contractual issues as and when
requested, and perform quality control reviews as well as advise and assist on cost related issues. Any input,
assistance, collaboration or coordination that may be required to or provided by other consultant(s), shall not
absolve the Consultant from his obligations.
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a. In an emergency situation, as stated here below1, and
b. If sum of all such variations during the Contract Period would increase the Contract Price by
less than the ceiling amount stated in the Appendix-A to Bid.
i) Fixing rates or prices for Variations
j) Extra Payment as a result of the Contractor’s Claims under any of the conditions of Construction Contract
or otherwise in connection with the Construction Contract
k) Release of Retention Money to the Contractors
l) Issuance of “Final Payment Certificate(s)”
m) Issuance of “Defects Liability Certificate(s)”
n) To use “Termination Clause” of the Conditions of Contract.
o) Any other limitation(s) indicated in Construction Contract(s) or requirements specified by the Employer at
any time during the CSA.
2.1.2 The Consultant shall have no authority to relieve the Contractor(s) of any of the obligations under the
Construction Contract(s).
2.1.3 Advise IDAP and the Contractors on all matters regarding the requirements and interpretation of the
Construction Contract documents.
2.1.4 Provide the services of staff in accordance with the CSA.
2.1.5 Provide complete site supervision services involving, but not limited to, full inspection of materials on site and
at materials batching/manufacturing/supply plants, equipment, goods, machinery, and all other manufactured
goods, monitoring the schedule, arranging trade tests and samples for testing, evaluating and interrogating
all necessary testing, and verify accurate calibration of equipment and staff. Conduct full inspection, check
and verify requirements of the contractors temporary and permanent works-in-progress, including review and
approval of shop drawings, and all works items and components finished both on site and off site –
prefabrication yards etc. - to confirm and audit works construction quality to specification, drawings and
Contractual requirements. Inspection of the Works, amongst other inspection requirements, shall cover all the
stages of construction and in particular pre and post stages for all embedded and covered works, excavations,
foundations, reinforcement quality and placement, piling, MEP, finishing, architectural, structural, HVAC, Fire
Fighting, IT, Biomedical, Supply & Installation of Fixed & Loose Furniture etc. Responding to the contractors’
clarification requests (Requests for Information-RFIs) in liaison with the designer, as required.
2.1.6 The Consultant may propose any alterations to the design necessitated by the site conditions throughout the
Contract Duration. Such alterations shall be submitted to the designer (IDAP) for review and approval.
2.1.7 The Consultant shall comply with the provisions of the Specifications regulations, terms and conditions,
standard procedures and requirements stipulated within the documents of CSA and the Conditions of
Construction Contracts.
2.1.8 The Consultant shall exercise all reasonable skill, duty of care and due diligence in the performance of the
Services and shall carry out his duties and obligations as set out in the Agreement.
1
If in the opinion of the Engineer an emergency occurs affecting the safety of life or of the Works or of adjoining property, the
Engineer may, without relieving the Contractor of any of his duties and responsibilities under the Construction Contract, instruct
the Contractor to execute all such work or to do all such things as may, in the opinion of the Engineer, be necessary to abate or
reduce the risk.
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2.2.1 The Site Supervision Services to be carried out by the Consultant shall involve, but not limited to, the following
for the duration of the Construction Contracts. The Consultant shall provide the necessary supervisory staff
to be employed during the period of implementation in executive and supervisory capacities in respect of the
construction contracts.
2.2.2 The Consultant shall be appointed to act as “the Engineer" and/or the “Engineer’s Representative” for the
implementation of the Project. The individual who will be nominated by the Consultant to act as “the Engineer”
/ the “Engineer’s Representative” will be subject to approval by IDAP and IDAP may require the Consultant to
replace the individual if he fails to perform to the satisfaction of IDAP. The Consultant shall be fully and
independently responsible for all actions of the appointed individuals.
2.2.3 It will be the responsibility of the Consultant to supervise all operations on behalf of IDAP and to ensure that
the work of the Contractors is carried out in a proper workmanlike manner, with best quality, in an expeditious
manner and in accordance with the contract documents. During the course of providing Services, the
Consultant shall be obligated to abide by and adhere to any standard operating procedures as may be
specified by IDAP. The Consultant shall be responsible for:
a. Issuing Notice to Proceed to the Contractor as per the general conditions of contract in coordination
with the IDAP.
b. Supervising the Setting-out of the buildings within the site as per the Master Plan.
c. Review, scrutinize and approve all Shop drawings submitted by the Contractors.
d. Review, approval and monitoring of Contractors' construction method statements, risk assessments,
shop drawings, project execution plan, project quality assurance & quality control plan, inspection
and test plans and the like.
e. Review, approval and monitoring of the Contractors’ site management plans and diversions and their
maintenance.
f. Inspection of all temporary and permanent works, materials, manufactured goods, Plant & Equipment
arranging sampling and testing as appropriate, Factory Acceptance Testing (FAT), Site Acceptance
Testing (SAT), rejection sub-standard/non- conforming works and materials, enforcing construction
to highest qualitative specification, ensuring appropriate Consultant supervision resources present
on site for duration of the Construction Contracts.
g. Review and processing/approval of Contractors’ materials submittals in accordance with the
Specifications and the procedure specified by IDAP.
h. Review and approval of Contractors proposed sub-contractors and make recommendations to IDAP.
i. Attending and reviewing FAT of the Equipment including preparation of FAT Plan, physically
attending pre-shipment inspection at Original Equipment Manufacturer (OEM) factory, vet the
manufacturing against approved design, drawings, specifications and boundary conditions, certify
the executed tests, identify punch lists & oversee its completion and issuance of the FAT Reports in
the template approved by IDAP.
j. Evaluating and monitoring added value requirements and in particular undertake value engineering
evaluations of Contractors’ proposals (if any).
k. Reviewing, analyzing, approving and monitoring the Contractors’ Work programmes, their updates
and revisions, procedures for cost control, change control, risk management, document management
and reporting, advising on logic, misnomers, rescheduling requirements all in accordance with
industry best practices.
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l. Keeping complete records of Project documents which include but are not limited to: records of work
executed (daily and contemporaneously), Test Results, Drawings, Material Inspection Reports and
other similar documents. Such records shall be kept in both hard copy and electronic format and
must be furnished to IDAP, as needed.
m. Advising IDAP in the event of persistent failure by a contractor to comply with the Construction
Contract Documents and in the event of unsatisfactory rate of progress and poor quality of the Works
n. Reviewing and recommending alteration proposals for proposed changes and preparing Site
Instructions as directed by the Engineer and/or IDAP, as the case may be.
o. Reviewing and assessing Contractors’ submittals regarding correction of non-conforming works.
p. Evaluation and recommendation of the cost of Contractors’ design/alteration proposals and
Variations.
q. Reviewing the Contractors’ Project Specific Plans in accordance with their contractual requirements
r. Review, evaluation, approval, implementation and regular monitoring of the Contractors’ site Health,
Safety & Environment (HSE) and Quality Assurance / Quality Control procedures & processes and
advise for improving standards, as directed by IDAP. This also includes reviewing and ensuring
compilation of the HSE file and Quality Assurance Records.
s. Preparing and delivering presentations and reports to IDAP and higher authorities.
t. Coordination with other authorities, outside agencies and departments within or outside IDAP, as
directed/required by IDAP.
u. Periodic checking of the principal survey points and line and level of works to ensure work is carried
out as per the Contract Documents.
v. Evaluation, verification, scrutiny, certification and approval of monthly interim payment requests by
the Contractors. The Consultant will ensure and certify the running /interim Certificates for
progressive payments based on BOQ rates and final payment to the Contractor that the Works
executed by the Contractor has been completed in all respects. The Consultant shall ensure
certifying the monthly statements and final statements within the times specified in the respective
Construction Contracts and forward the same to IDAP for arranging payment.
w. Preparation of, and review/evaluation/recommendation of, Variation Orders including determination
of Unit Rate(s) and justification for the variation Items.
x. Review, evaluation and recommendation of Contractors’ claims.
y. Advising IDAP on the contractual matters, as and when requested.
z. Advising IDAP, at appropriate time, whenever any contractual action or obligation is due or about to
become due on part of the IDAP
aa. Reviewing Contractors’ Guarantees, Securities and Insurances and keeping a track of expiries
thereof.
bb. Participation, as necessary, at dispute resolution / arbitration proceedings.
cc. Adhering and ensuring compliance with standard policies, guidelines, manuals (such as QA/QC
manual etc.), procedures and forms prepared by IDAP for Project Management purposes. Upon
commencement of services, the Consultant may request IDAP for a copy of such documents.
dd. Arranging for the commissioning of permanent Works including electrical and mechanical
installations and arrange and supervise all required commissioning/acceptance tests including Tests
on Completion, by all concerned parties.
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ee. Evaluation at Practical/Substantial Completion and issuance of Taking Over Certificate(s),
Maintenance Certificate(s), Defects Liability Certificate(s) and Performance Certificate(s), as
applicable, after approval of IDAP.
ff. Preparing lists of defective and incomplete works (snag lists) and arranging for maintenance work
during the maintenance or defects liability or defects notification periods and arrange final
inspections.
gg. Producing, agreeing and managing procedures for handover to operation and maintenance in
accordance with applicable contracts
hh. Certification of Final account including analysis and recommendation on all claims.
ii. Reviewing and revising Contractors’ As-built Drawings and Records reflecting in detail as-built
conditions and preparing all Documents to allow the Government to operate and maintain the works.
Delivering the aforesaid documents to IDAP after scrutiny and within the time to be indicated by IDAP
Project Team.
jj. All the above responsibilities shall cover the entire Project Duration starting from the Commencement
Date till the issuance of last Taking Over Certificate.
IDAP reserves the right to assign any of the duties of the Consultant, as indicated herein, to any other individual or firm
as deemed appropriate. Such decision shall be taken by IDAP at its sole discretion.
2.3. Project Controls
2.3.1 The Consultant shall be responsible for controlling the time and cost of the Project. The Consultant shall
closely monitor the Progress of Works, cashflow requirements, etc. in accordance with the requirements of
the Construction Contracts. The Consultant shall obtain and maintain all necessary software/ computer
programs, licenses and documents associated with complying to such requirements.
2.3.2 IDAP is using Primavera Systems’ enterprise-level scheduling tool, Primavera P6. The Consultant shall use
Primavera P6 for all planning and scheduling needs and advise the Contractors to use the same application.
2.3.3 Within 07 days of receipt of the Contractors’ updated work programs (every month), the Consultant shall
review and analyze the same and forward it to IDAP. The Consultant shall also provide its
comments/recommendations to IDAP for recovering any delays or lags in the planned progress of the Project.
After consultation with IDAP, the Consultant shall follow up with the Contractors for compliance with such
recovery schedules.
2.3.4 The Consultant shall be responsible for review, evaluation, scrutiny and analysis of the Contractors’ Extension
of Time Claims (using Primavera P6) and submit their detailed recommendations with delay analysis to IDAP,
duly supported by cogent justifications.
2.3.5 The Consultant shall review the Project Execution Plan (PEP), to be prepared by the General Contractor, for
the Project detailed methodologies and project control systems.
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d) Recommending Corrective Actions for the NCRs and ensuring that all NCRs are closed as per the
recommended corrective actions in a timely manner.
e) Periodic checking of calibration & certification, as applicable, of all laboratory equipment.
f) Reviewing of materials testing results to ensure compliance with Specifications. Recommendations
to the Engineer and IDAP regarding how corrective action is implemented in the case of unacceptable
results, and how borderline materials are dealt with.
g) Sample taking jointly with Contractors’ staff for required independent testing.
h) Reviewing of all independent laboratory test results submitted by the Contractors as part of the
material approval process.
i) Witnessing of all tests required as part of the commissioning of the works.
j) Ensuring the compliance by the Consultant’s own staff and by the Contractors of the Health, Safety
& Environment (HSE) Specification requirements as per the Contract Documents and applicable
laws.
2.4.2 The Consultant shall be fully responsible to ensure that the Works are executed by the Contractor(s) strictly
in accordance with the contract documents.
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j) Attending and making measurements and computation of quantities of the completed works as per
requirements of the Construction Contracts and those of IDAP’s, computing quantities and costs of the
balance works or any work which is about to be covered and maintain permanent records of all such
measurements as basis for progressive payments to the Contractors and keep the measurement
documents and records in safe custody.
k) Providing Cost to Complete as and when requested. This shall include, without limitation, cost forecast,
price adjustment projections, potential variations & claims, balance works etc.
l) Reviewing and verifying Cashflow projections prepared by the Contractor(s).
m) Preparing revision(s) in PC-I, as may be required by IDAP.
a) Managing coordination of all elements of the Project i.e., coordinating tasks, resources, stakeholders,
and any other project elements
b) Identifying and managing interface risks between the stakeholders
c) Anticipating interface issues or scenarios that can or will impede progress, and have advance
measures in place to avoid situations that could negatively impact IDAP’s projected completion goals
and budget
d) Convening regular meetings between stakeholders to identify and manage new interfaces and
issuing collaborative interface reports to capture particular interface workings or outcomes and
mutual distribution of work requirements as per respective contracts
e) Identifying and assessing mutual dependencies and sequencing the Works in a manner to avoid any
delays, rework, extra work or any oversight
f) Managing coordination and sequencing among Civil, MEP, Biomedical Equipment Works and
Furniture Installation & Supply, as the case may be.
2.6.4 The Consultant shall be responsible to prepare, update (monthly) and revise a Master Baseline Schedule
using Primavera P6. The Master Baseline Schedule would be an Integrated Project Schedule (IPS), in which
all tasks, activities, resources, stakeholders, work packages, disciplines, phases, processes, etc. must be
taken into account. The IPS should be prepared within the first month after commencement and it should be
revised, as and when needed, particularly whenever a new stakeholder joins the Project. The IPS should be
so designed that it provides complete information regarding the below:
a) Independent Progress Status of various work packages
b) Mutual dependencies of various stakeholders
c) Status of key milestones
d) Overall progress status of the Project
e) Project Completion Date and budget
f) Earned Value Measurement Parameters (Schedule Performance Index-SPI, Cost
Performance Index-CPI, Schedule Variance-SV, Cost Variance-CV etc.)
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2.6.5 IDAP’s Project Management team, at its discretion, may identify further requirements to the Consultant for
preparation, revision and updating of the IPS.
2.8. Ownership
All data, drawings and documents prepared under this project shall, after being approved by the IDAP, become the
property of IDAP. Such data, drawings and documents shall not be subsequently altered without the prior permission
of IDAP.
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2.9.7 The Consultants site staff shall be responsible for checking all data gathered by the Contractors in the
development of the data base for the preparation of the As-built drawings, and for conducting checks of actual
works for the determination of the accuracy of the data collected and approve and stamp the drawings
prepared by the Contractors.
2.9.8 As built drawings shall be prepared in the latest version of AutoCAD and shall be in a suitable format for use
of IDAP
2.9.9 The Consultant shall ensure that as-built drawings and records are produced as the work progresses and that
a final and completed set of as built drawings are provided within time to be specified by IDAP.
2.9.10 On completion of his Services, the Consultant shall deliver to IDAP in digital form on CD the complete file
system for the project, fully indexed and cross referenced, together with original drawings provided for the
purpose of execution.
3. REVIEW PERIOD
The Consultant is expected to provide reviews, feedbacks and approvals to the Contractors (and IDAP) in a timely
manner to allow the execution of the Works in an expeditious manner and without delay. Unless otherwise specified in
the Construction Contracts or specifically required by IDAP on case-to-case basis, the Consultant shall not consume
more than fourteen (14) calendar days, in total, to review any of the documents/submittals/claims etc. that will be
submitted to the Consultant. IDAP may reduce this period to from fourteen (14) days to seven (07) days, at its sole
discretion, depending upon requirements of the Project.
2
The word ‘minimum’ shall not restrict IDAP’s discretion stipulated at Article 4.2.5 of these Terms of Reference.
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4.1.7 IDAP shall have the full authority to disqualify any staff (whether Key Personnel or Non-Key Personnel) on
the technical grounds or if one is not performing his duties to the satisfaction of IDAP.
4.1.8 If the Project is not completed within the original “Time for Completion” due to the delays on the Project, the
remuneration for the extended period will be paid based on the original billing rates stipulated in CSA. The
original billing rates shall be deemed to be fixed for the original as well as the extended period, unless stated
otherwise in the conditions of the CSA. However, the team definition may be re-adjusted by IDAP as per
budget requirements.
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4.4.4 In case of resignation/departure of any of the Consultant’s staff, the Consultant shall be obligated to provide
a suitable replacement. For smooth transition, project knowledge sharing and continuity of services, the
Consultant shall ensure that there should be an overlap of at least fourteen (14) days between the predecessor
and his successor.
4.5. Attendance Requirements
4.5.1 The Consultant shall maintain daily attendance record for the staff deployed on site and shall provide the
records to IDAP on monthly basis. The attendance record shall be retained by the Consultant and made
available for audit as and when required. Invoice for monthly payments, time spent in offices or sites must be
supported by a ‘Monthly Timesheet’ transcribed from the ‘Daily Attendance Record’ maintained in the site
offices.
4.5.2 Full deduction shall be made for unauthorized absence of staff. For deduction purposes, the daily rate shall
be calculated by dividing the Monthly Rate by no. of days in the corresponding month.
4.5.3 For periods of vacation, the Consultant shall provide a x advance about staff vacations of anticipated long
periods of absence. Replacements shall only be placed after their approval by IDAP. The alternative staff shall
be required to overlap with the relevant permanent staff for at least seven (7) days.
4.5.4 The Consultant shall ensure that during vacations or long periods of absence of the designated and approved
staff; suitable alternative staffing arrangements are made in agreement with IDAP. The replacement staff shall
have prior knowledge of the project and have similar qualifications and experience to ensure continuity of
service.
4.5.5 The Consultant’s staff, where necessary, shall be required to attend all site and other project meetings
throughout the currency of the CSA, including the Period of Maintenance.
4.5.6 In case if the Consultant fails to perform the Services to the satisfaction of IDAP, an appropriate deduction
may be applied by IDAP and recovery thereof shall be made from any monies due to the Consultant. Such
action shall be without prejudice to any other recourse(s) that IDAP may adopt under the CSA.
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5. OTHER CONSIDERATIONS
5.1. The Consultant office shall provide necessary Head/Sub office support to the Engineer, referred in the
fulfilment of their obligations during the Time for Completion and during the maintenance/Defects
Liability/Notification period of the Contracts being supervised. Unless stated otherwise in the conditions of
CSA, the costs of any assistance, input and/or travelling of the Consultant’s head office staff shall be deemed
to be covered in the price of CSA.
5.2. For the duration of the CSA, IDAP may, at its sole discretion, assign up to two (2) engineers to the Site to
work alongside the Consultant's Site staff. The dates, duration and agenda of such secondment shall be
agreed in advance with the Consultant. The seconded staff shall be at IDAP’s payroll however the Consultant
shall be responsible for adjusting these engineers in its office alongside its project team.
5.3. The Consultants will assist IDAP in settlement of Audit Paras and Objections raised (if any) and prepare
replies related to the Project and provide all the relevant documents/papers/letters etc. to support the replies
and shall intimate the IDAP accordingly. The Consultant shall be responsible to provide support, cooperation,
input, documentation and replies during audit(s) conducted by IDAP’s internal or external auditors.
5.4. The Consultant shall coordinate with the end user of the Project to meet any specific requirements of the
Project, as may be required by IDAP.
5.5. All documents, reports, designs, research work and all deliverables prepared by the Consultant shall become
and remain the property of the IDAP. Any future use of these documents and software by the Consultant shall
not be done without permission of IDAP.
5.6. The Consultant is advised to take account of and include the costs relating to running expenses of the Site
Office for the entire period specified in the CSA.
5.7. IDAP may require the Consultant to abide by and adhere to any standard operating procedures as may be
specified by IDAP. This may also include the requirement of using a specified electronic system for performing
any of the Services.
5.8. The Consultant shall, with every invoice, provide an undertaking on IDAP’s specified format affirming that the
remunerations for the Consultant’s entire staff at the Project Site, have been cleared till previous invoice
(against which IDAP has released payment) in accordance with their respective employment contracts. The
Consultant undertakes that the IDAP will be at liberty to take any contractual/legal action against the
Consultant in case the above statement/undertaking is found to be untrue which may be deemed as an action
detrimental to the public interest or good practices. No invoice shall be processed for payment until it is
accompanied with the required undertaking on the specified format.
6. REPORTING REQUIREMENTS
The Consultant will keep IDAP continually informed on the progress of the works and all budgetary & financial matters
pertaining to the project, by submitting the following reports without limitation:
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6.1. Weekly progress reports including: information on measurements of works executed, equipment and material
supplied to site, used and/or stored - quality tests on earthworks, concrete works, steel works, sewage and
water supply, construction materials and equipment – Safety Measures - labor force - variation orders if any
– payments made to the Contractor - acceptance tests of structures problems encountered and
recommendation made by the Consultant - photographs recording (electronic/digital) the progress of work
and other information as required by IDAP.
6.2. Monthly progress reports, indicating the progress made since the submission of the previous report and
commenting on the progress to date in relation to the program and whether completion of the works is likely
to be advanced or delayed. The Consultant shall obtain IDAP’s approval on the template of Monthly Progress
Report.
6.3. All presentation materials using Microsoft Power Point when asked to. He is expected to give several
presentations relating to the works to IDAP officials, Government officials, and other officials. He is also
expected to assist in presentations to be given by IDAP.
6.4. Project Completion Report upon completion of works and/or Consultants' assignment.
6.5. The Consultant is required to submit all project reports, drawings and documents in the format listed below
and recorded on computer media using software and formats standardized and approved by the IDAP. Costs
associated with all items to be provided shall be deemed to be covered in the overall price submitted by the
Consultant.
6.6. In case if the Consultant fails to adequately meet reporting requirements and/or he fails to perform up-to the
satisfaction of IDAP and/or if the Project is adversely affected due to the Consultant’s inadequate project
management, an appropriate deduction may be applied by IDAP and recovery thereof may be made from any
outstanding monies of the Consultant. Such action shall be without prejudice to any other recourse(s) that
IDAP may adopt under the CSA.
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Sr. # Description No. of sets Frequency Size & Color Scale
approved by the Consultant, as stated in
the Construction Contracts
6. Progress Presentations As per IDAP As per IDAP As per IDAP
-
Requirement Requirement Requirement
7. Cost to Complete Report As per IDAP Quarterly or As per As per IDAP
-
Requirement IDAP Requirement Requirement
8. Project Completion Report in a format
agreed with IDAP. This will summarize
all relevant aspects of the Project
As per IDAP
implementation. A suitable selection of 05 At Completion -
Requirement
photographic records shall be
reproduced and included in the Final
Report.
8. PAYMENTS TERMS:
A payment of 10% shall be retained from each Invoice of the Consultant which shall be released as per following
Schedule:
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9. CONSULTANT’S LIABILITY:
Notwithstanding anything contained herein or stated elsewhere in the CSA, the Consultant shall remain completely
responsible for all of his obligations stated in the CSA & these TORs and any failure or breach by the Consultant shall
entitle IDAP to recover the financial losses from any outstanding monies of the Consultant or through encashment of
Performance Guarantee (if furnished under the CSA) or through combination of possible remedies.
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STAFF TO BE ENGAGED FULL TIME
(EXCLUDING DEFECTS LIABILITY PERIOD)
Table 3: Staff to be Engaged Full Time (Excluding DLP)
SR. NO. OF
DESCRIPTION EDUCATION & EXPERIENCE REQUIREMENTS
NO. PROFESSIONAL
Key Personnel:
B.Sc. Civil Engineering with minimum 15 years of
relevant experience OR Masters in relevant field (Civil
Engineering/Project Management etc.) with minimum 13
1 Resident Engineer 01 years of relevant experience. The individual should be
well conversant with FIDIC and Pakistan Engineering
Council (PEC) forms of Contracts. The individual must be
registered as “Professional Engineer” with the PEC.
B.Sc. Civil Engineering with minimum 8 years of relevant
experience OR Masters in relevant field (Civil
Assistant Resident Engineer Engineering/Project Management etc.) with minimum 6
2 01 years of relevant experience. The individual must be a
(Civil)
Registered Engineer with the PEC.
ARE Civil should have expertise in primavera and
capability to prepare Presentations & Progress Reports
B.Sc. Elec/Mech. Engineering with minimum 8 years of
Assistant Resident Engineer relevant experience (PEC Registered) OR M.S in
3 01 Elec/Mech. Engineering/Project Management with
(MEP)
minimum 6 years of relevant experience. The individual
must be a Registered Engineer with the PEC.
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SR. NO. OF
DESCRIPTION EDUCATION & EXPERIENCE REQUIREMENTS
NO. PROFESSIONAL
Key Personnel:
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NO. OF No. of
SR.
DESCRIPTION PROFESSION Input EDUCATION & EXPERIENCE REQUIREMENTS
NO.
ALS Months
Notes:
(i) The Consultant shall provide a deployment schedule for intermittent staff as per Site requirements for concurrence of IDAP.
(ii) Unless otherwise approved by the IDAP’s Project Director, the Intermittent Staff shall be required to be present at Site during the
duration of their work at the Project. The attendance of such staff shall be verified by the Resident Engineer and countersigned by IDAP’s
Site Staff.
Important Notes:
The Consultant is advised to take account of and include the costs relating to running expenses of the Site
Office for the entire period specified in the CSA. For this purpose, the Consultant, in his offer, should specify
a monthly fixed cost to be reimbursed by IDAP on monthly basis. Separate costs should be indicated for
Construction Supervision and Defects Liability Phase.
The Contractors will be obligated to provide and maintain a furnished office with standard facilities at Site for
the Consultant’s Resident Supervision Staff. However, the Consultant shall be responsible to arrange
computers, laptops etc. for its staff. The Consultant shall be responsible to engage administration staff and
office boy(s) for providing general office support services to its staff. An excerpt from the Contractor’s Bidding
Documents is appended with these TOR’s showing Facilities to be provided by the Contractor.
The Consultant’s Price should include the costs related to the travelling needs of its staff. The Consultant shall
provide the following vehicles at Site as a minimum. IDAP may, at any time, require the Consultant to provide
the evidence of the availability of such vehicles at Site. IDAP may, at its discretion, apply reasonable
deductions if the Consultant fails to provide the below-mentioned vehicles at Site:
Vehicle
S/N Cost should cover Quantity/No.
Specifications
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MINIMUM STAFF TO BE ENGAGED ON INTERMITTENT INPUT BASIS
DURING DEFECTS LIABILITY PERIOD
Table 6:Minimum Staff to be Engaged on Intermittent Input Basis during DLP
Tentative Tentative
SR. NO. OF Monthly Input Total No.
DESCRIPTION (man-months) of Man- EDUCATION & EXPERIENCE
NO. PROFESSIONALS
Months
*Illustration: Tentative input taken as 0.33 Man-month per calendar month x 12 = 04 Man-Months for entire 01-year DLP.
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ANNEX-A
EMPLOYER: PROJECT:
TENDER DOCUMENT FOR
Infrastructure Development Authority of the ESTABLISHMENT OF NAWAZ SHARIF
Punjab (IDAP) Government of Punjab CONTRACTOR INSTITUTE OF CARDIOLOGY, SARGODHA
accommodation, site office, other installations and buildings constructed and all facilities provided by the
Contractor under this Clause, and the Site cleared and reinstated to the satisfaction of the Engineer.
The Contractor shall at his own cost and expense, provide and maintain, temporary site office (porta cabin) at
the Site having 04 no. 40 ft containers/porta cabins/equal area temporary building having 5 workstations in each
porta cabin (design/size etc will be subject to approval of the Engineer) for the resident supervision staff. The
site office shall be well furnished and well-equipped including heating cooling arrangement and allied facilities
including generator of appropriate capacity as backup power arrangement at the Site.
The facilities shall be serviced with water supply (portable, hot & cold), sewerage facilities/toilet (with essential
toiletries), janitorial services etc separately for Male and Female Staff.
The Contractor shall maintain the office and bear all charges in respect of providing and maintaining, among
others, utilities such as electricity (including fuel for electric generator required to handle full load of the Site
office). Provision of above mentioned facilities shall be subject to approval of the Engineer.
(b) Furniture:
The Contractor shall provide and maintain furniture including but not limited to sufficient number of workstations,
office chairs, visiting chairs & tables etc. and all other allied furniture items for at least 20 persons required for
office use, as directed/approved by the Engineer.
(c) Transport:
NOT USED
Site Office shall be fully equipped with office equipment { Internet, printers (1xA3 Colour Copier & Printer +
2xA4 Printers), stationary etc} necessary to perform the work.
All of the above facilities mentioned under sub-clause 20.1 shall be provided within 30 days from the
Commencement Date and maintained for complete project duration from Commencement Date till completion
of the project and may change as per instructions of the Engineer.
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EMPLOYER: PROJECT:
TENDER DOCUMENT FOR
Infrastructure Development Authority of the ESTABLISHMENT OF NAWAZ SHARIF
Punjab (IDAP) Government of Punjab CONTRACTOR INSTITUTE OF CARDIOLOGY, SARGODHA
20.2
(a) Site offices:
The Contractor shall at his own cost and expense, provide and maintain, temporary site office (porta cabin)
comprising of 02 no. 40ft porta cabin offices/containers/temporary building of similar area each having at least
4 work stations (design/size etc will be subject to approval of the Engineer/Employer). Offices shall be fully
equipped with office equipment necessary to perform the work. The site office shall be well furnished and well
equipped including heating cooling arrangement and allied facilities including generator of appropriate capacity
as backup power arrangement at the Site.
The facilities shall be serviced with water supply (portable, hot & cold), sewerage facilities/toilet (with essential
toiletries), janitorial services etc separately for Male and Female Staff.
The Contractor shall maintain the office and bear all charges in respect of providing and maintaining, among
others, utilities such as electricity (including fuel for electric generator required to handle full load of the Site
office). Provision of above mentioned facilities shall be subject to approval of the Engineer/Employer.
(b) Furniture:
The Contractor shall provide and maintain furniture including sufficient number of workstations office chairs,
visiting chairs & tables etc and all other allied furniture items for at least 4 persons required for office use, or as
directed by the Engineer/Employer, including but not limited to:
i. A separate 20 ft container for kitchen along with all the kitchen supplies (Including fridge and
microwave oven)
ii. 6 no. tables
iii. 6 no. chairs
iv. 12 no. visitor chairs
v. Conference table with 16 no. chairs at least
(c) Transport:
NOT USED
Site Office shall be fully equipped with office equipment (Internet, printers, stationary etc) necessary to perform
the work, including but not limited to:
i. 3 no. Zong/PTCl or equivalent internet devices paid for the complete project duration.
ii. 1 no. A3 size Black & white laser 3 in 1 printer/copier/scanner
iii. Sufficient stationary including papers for printing.
iv. 01 no. A4 colour printer & 01 no. A3 colour printer
v. A conference room with HD Audio Video Conferencing Arrangement.
vi. Personal Protective Equipment (PPEs)
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EMPLOYER: PROJECT:
TENDER DOCUMENT FOR
Infrastructure Development Authority of the ESTABLISHMENT OF NAWAZ SHARIF
Punjab (IDAP) Government of Punjab CONTRACTOR INSTITUTE OF CARDIOLOGY, SARGODHA
The General Contractor shall hire, at his own cost and expense, office boys for site office.
(f) Security:
The General Contractor shall also be responsible for the complete security of the site offices and their contents
at all times. Necessary insurances shall be maintained.
The General Contractor shall be responsible for arranging the site visits of Government Officials in all respects
i.e., Debriefing arrangements, HSE arrangements, Seating arrangements, and Refreshments (if required).
All of the above facilities mentioned under sub-clause 20.2 shall be provided within 30 days from the
Commencement Date and maintained {maintenance not required for transport provide under sub-clause 20.2
(c)} for complete project duration from Commencement Date till completion of the project and may change as
per instructions of the Engineer.
In case of failure of the Contractor to provide any of facilities stipulated under SP-20, the same will be arranged
10% shall be payable by the Contractor and shall be recovered from the Contractor through Interim Payment
No separate payment will be made for the work specified herein and the cost thereof shall be deemed to be
included in the other items of the Bill of Quantities.
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Appendices Lump-Sum
Page 87 of 125
CONTRACT FOR PROCUREMENT OF ENGINEERING
CONSULTANCY SERVICES
BY & BETWEEN
INFRASTRUCTURE DEVELOPMENT
AUTHORITY OF THE PUNJAB
AND
________________________________________
____________________
FOR
Contract No:
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TABLE OF CONTENTS
I. FORM OF CONTRACT
II. GENERAL CONDITIONS OF CONTRACT
1. GENERAL PROVISIONS
1.1 Definitions
1.2 Law Governing the Contract
1.3 Language
1.4 Notices
1.5 Location
1.6 Authorized Representatives
1.7 Taxes and Duties
1.8 Leader of Joint Venture
2. COMMENCEMENT, COMPLETION,
MODIFICATION, AND TERMINATION OF
CONTRACT
2.1 Effectiveness of Contract
2.2 Termination of Contract for Failure to Become Effective
2.3 Commencement of Services
2.4 Expiration of Contract
2.5 Modification
2.6 Extension of Time for Completion
2.7 Force Majeure
2.7.1 Definition
2.7.2 No Breach of Contract
2.7.3 Extension of Time
2.7.4 Payments
2.8 Suspension of Payments by the Client
2.9 Termination
2.9.1 By the Client
2.9.2 By the Consultants
2.9.3 Cessation of Services
2.9.4 Payment upon Termination
2.9.5 Disputes about Events of Termination
3. OBLIGATIONS OF THE CONSULTANTS
3.1 General
3.2 Consultants Not to Benefit from Commissions, Discounts, etc.
3.3 Confidentiality
3.4 Liability of the Consultants
3.5 Other Insurances to be Taken out by the Consultants
3.6 Consultants' Actions Requiring Client's Prior Approval
3.7 Reporting Obligations
3.8 Documents Prepared by the Consultants to be the Property of the Client
3.9 Equipment and Materials Furnished by the Client
3.10 Accounting, Inspection and Auditing
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4. CONSULTANTS' PERSONNEL AND SUB-CONSULTANTS
4.2 Description of Personnel
4.3 Approval of Personnel
5. OBLIGATIONS OF THE CLIENT
5.1 Assistance, Coordination and Approvals
5.1.1 Assistance
5.1.2 Co-ordination
5.1.3 Approvals
5.2 Access to Land
5.3 Change in the Applicable Law
5.4 Services and Facilities
5.5 Payments
6. PAYMENTS TO THE CONSULTANTS
7. SETTLEMENT OF DISPUTES
8. INTEGRITY PACT
IV. APPENDICES
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
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I. FORM OF CONTRACT
This CONTRACT (hereinafter called the "Contract") is made on the _____ day of month of
_________ of 2021, between, on the one hand
Infrastructure Development Authority of the Punjab (IDAP) having its head office at
50-B-3 Gulberg – III Lahore, Pakistan (hereinafter called the "Client" which expression
shall include the successors, legal representatives and permitted assigns) and, on the other
hand,
WHEREAS,
(a) the Client has requested the Consultants to provide consultancy services as defined in this
Contract (hereinafter called the "Services"); and
(b) the Consultants, having represented to the Client that they have the required professional
skills and personnel, and technical resources, have agreed to provide the Services on the
terms and conditions set forth in this Contract;
1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
(a) the Consultants shall carry out the Services in accordance with the provisions of the
Contract; and
(b) the Client shall make p a y m e n t s t o the Consultants in accordance with the provisions
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of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names in two identical counterparts, each of which shall be deemed as the original, as
of the day, month and year first above written.
Witness
Signature ___________________ Signature _________________
Name ______________________ Name ____________________
Title _______________________ Title _____________________
CNIC ______________________ (Seal)
THE CONSULTANTS
Witness
Signature ___________________ Signature _________________
Name ______________________ Name ____________________
Title _______________________ Title _____________________
CNIC ______________________ (Seal)
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II. GENERAL CONDITIONS OF CONTRACT
1. GENERAL PROVISIONS
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 laws and any other instruments having the force of
law in the Islamic Republic of Pakistan, as those may be issued and in force from
time to time;
(b) "Contract" means the Contract signed by the Parties, to which these General
Conditions of Contract (GC) are attached, together with all the documents listed
in Clause 1 of such signed Contract;
(c) "Contract Price" means the price to be paid for the performance of the Services,
in accordance with Clause 6;
(d) "Effective Date" means the date on which this Contract comes into force and
effect pursuant to Sub-Clause 2.1;
(g) "Foreign Currency" means currency other than the currency of Islamic Republic
of Pakistan;
(h) "Local Currency" means the currency of the Islamic Republic of Pakistan;
(i) "Member" in case the Consultants consist of a joint venture of more than one
entity, means any of the entities, and "Members" means all of these entities;
(j) "Party" means the Client or the Consultants, as the case may be, and "Parties"
means both of them;
(m) "Services" means the work to be performed by the Consultants pursuant to this
Contract, as described in Appendix A;
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(n) "Sub-consultant" means any entity to which the Consultants subcontract any part
of the Services in accordance with the provisions of Sub-Clause 3.6;
(o) "Third Party" means any person or entity other than the Client, the Consultants
or a Sub-consultant; and
(p) "Project" means the work specified in SC for which engineering consultancy
services are desired.
This Contract, its meaning and interpretation, and the relation between the Parties shall
be governed by the Applicable Law.
1.3 Language
This Contract has been executed in the English language which shall be the binding and
controlling language for all matters relating to the meaning or interpretation of this
Contract. All the reports and communications shall be in the English language.
1.4 Notices
Any notice, request, or consent made pursuant to this Contract shall be in writing and
shall be deemed to have been made when delivered in person to an Authorized
Representative of the Party to whom the communication is addressed, or when sent by
registered mail, telex, or facsimile to such Party at the address of the Authorized
Representative specified under Sub-Clause SC 1.6. A Party may change its address for
notice hereunder by giving the other Party notice of such change.
1.5 Location
The Services shall be performed at such locations as are specified in Appendix A and,
where the location of a particular task is not so specified, at such locations as mutually
agreed by the Parties.
Any action required or permitted to be taken, and any document required or permitted to
be executed, under this Contract by the Client or the Consultants shall be taken or
executed by the Authorized Representatives specified in the SC.
Unless specified in the SC, the Consultants, Sub-consultants, and their Personnel shall
pay such taxes, duties, fees, and other impositions as may be levied under the Applicable
Law, the amount of which is deemed to have been included in the Contract Price.
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1.8 Leader of Joint Venture
In case the Consultants consist of a joint venture of more than one entity, the Consultants
shall be jointly and severally bound to the Client for fulfillment of the terms of the
Contract and designate the Member named in SC, to act as leader of the Joint Venture,
for the purpose of receiving instructions from the Client.
This Contract shall come into force and effect on the date (the "Effective Date") of the
Client's notice to the Consultants instructing the Consultants to begin carrying out the
Services. This notice shall confirm that the effectiveness conditions, if any, listed in the
SC have been met.
Unless terminated earlier pursuant to Sub-Clause 2.9, this Contract shall expire when,
pursuant to the provisions hereof, the Services have been completed and the payments
of remunerations including the direct costs if any, have been made. The Services shall
be completed within a period as is specified in the SC, or such extended time as may be
allowed under Sub-Clause 2.6.
2.5 Modification
Modification of the terms and conditions of this Contract, including any modification of
the scope of the Services or of the Contract Price, may only be made in writing, which
shall be mutually agreed and signed by both the Parties.
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2.6 Extension of Time for Completion
(a) the Consultants shall inform the Client of the circumstances and probable effects;
(b) the increase shall be regarded as Additional Services; and
(c) the Client shall extend the time for Completion of the Services accordingly.
2.7.1 Definition
(a) For the purposes of this Contract, "Force Majeure" means an event which is
beyond the reasonable control of a Party and which makes a Party's performance
of its obligations under the Contract impossible or so impractical as to be
considered impossible under the circumstances, and includes, but is not limited
to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other
adverse weather conditions, strikes, lockouts or other industrial actions (except
where such strikes, lockouts or other industrial actions are within the power of
the Party invoking Force Majeure to prevent), confiscation or any other action by
government agencies.
(b) Force Majeure shall not include (i) any event which is caused by the negligence
or intentional action of a Party or such Party's Sub-consultants or agents or
employees, nor (ii) any event which a diligent Party could reasonably have been
expected to both
(A) take into account at the time of the conclusion of this Contract and
(B) avoid or overcome in the carrying out of its obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
The failure of a Party to fulfill any of its obligations under the 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 in writing not later than fifteen (15) days following the occurrence of such
an event.
Any period within which a Party shall, pursuant to this Contract, 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.
2.7.4 Payments
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During the period of their inability to perform the Services as a result of an event of
Force Majeure, the Consultants 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 purpose of the Services and in
reactivating the Services after the end of such period.
The Client may, by written notice of suspension to the Consultants, suspend all payments
to the Consultants hereunder if the Consultants fail to perform any of their obligations
under this Contract, including the carrying out of the Services, provided that such notice
of suspension (i) shall specify the nature of the failure, and (ii) shall request the
Consultants to remedy such failure within a period not exceeding thirty (30) days after
receipt by the Consultants of such notice of suspension.
2.9 Termination
The Client may terminate this Contract, by not less than thirty (30) days written notice
of termination to the Consultants, to be given after the occurrence of any of the events
specified in paragraphs (a) through (e) of this Sub-Clause 2.9.1 and sixty (60) days in
the case of the event referred to in paragraph (f):
(a) if the Consultants do not remedy a failure in the performance of their obligations
under the Contract, within thirty (30) days after being notified or within any
further period as the Client may have subsequently approved in writing;
(b) if the Consultants become (or, if the Consultants consist of more than one entity,
if any of their Members becomes) insolvent or bankrupt or enter into any
agreements with their creditors for relief of debt or take advantage of any law for
the benefit of debtors or go into liquidation or receivership whether compulsory
or voluntary;
(c) if the Consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause-7 hereof;
(d) if the Consultants submit to the Client a statement which has a material effect on
the rights, obligations or interests of the Client and which the Consultants know
to be false;
(e) if, as the result of Force Majeure, the Consultants are unable to perform a material
portion of the Services for a period of not less than sixty (60) days;
(f) if the Client, in its sole discretion, decides to terminate this Contract.
Page 97 of 125
The Consultants may terminate this Contract, by not less than thirty (30) days written
notice to the Client, such notice to be given after the occurrence of any of the events
specified in paragraphs (a) through
(d) of this Sub-Clause 2.9.2:
(a) if the Client fails to pay any monies due to the Consultants pursuant to this
Contract and not subject to dispute pursuant to Clause-7 within forty-five (45)
days after receiving written notice from the Consultants that such payment is
overdue;
(b) if the Client is in material breach of its obligations pursuant to this Contract and
has not remedied the same within forty-five (45) days (or such longer period
as the Consultants may have subsequently approved in writing) following the
receipt by the Client of the Consultants' notice specifying such breach;
(c) if, as a result of Force Majeure, the Consultants are unable to perform a material
portion of the Services for a period of not less than sixty (60) days;
(d) if the Client fails to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause-7 hereof.
Upon termination of this Contract pursuant to Sub-Clauses 2.9.1 or 2.9.2, the Client shall
make the following payments to the Consultants:
(a) remuneration and reimbursable direct costs expenditure pursuant to Clause 6 for
Services satisfactorily performed prior to the effective date of termination.
Effective date of termination for purposes of this Sub-Clause means the date
when the prescribed notice period would expire;
(b) except in the case of termination pursuant to paragraphs (a) through (d) of Sub-
Clause 2.9.1, reimbursement of any reasonable cost incidental to the prompt and
orderly termination of the Contract, including the cost of the return travel of the
Personnel, according to Consultants Traveling Allowance Rules.
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2.9.5 Disputes about Events of Termination
If either Party disputes whether an event specified in paragraphs (a) through (e) of Sub-
Clause 2.9.1 or in paragraphs (a) through (d) of Sub- Clause 2.9.2 hereof has occurred,
such Party may, within forty-five (45) days after receipt of notice of termination from
the other Party, refer the matter to arbitration pursuant to Clause 7 hereof, and this
Contract shall not be terminated on account of such event except in accordance with the
terms of any resulting arbitral award.
3.1 General
The Consultants shall perform the Services and carry out their obligations with all due
diligence, efficiency, and economy, in accordance with generally accepted professional
techniques and practices, and shall observe sound management practices, and employ
appropriate advanced technology and safe methods. The Consultants shall always act, in
respect of any matter relating to this Contract or to the Services, as faithful advisers to
the Client, and shall at all times support and safeguard the Client's legitimate interests in
any dealings with Sub-consultants or third parties.
3.3 Confidentiality
The Consultants, their Sub-consultants, and the Personnel of either of them shall not,
either during the term or after the expiration of this Contract, disclose any proprietary or
confidential information relating to the Project, the Services, this Contract, or the
Client's business or operations without the prior written consent of the Client.
The Consultants are liable for the consequence of errors and omissions on their part or
on the part of their employees in so far as the design of the Project is concerned to the
extent and with the limitations as mentioned herein below.
If the Client suffers any losses or damages as a result of proven faults, errors or omissions
in the design of a project, the Consultants shall make good such losses or damages,
subject to the conditions that the maximum liability as aforesaid shall not exceed twice
the total remuneration of the Consultants for design phase in accordance with the terms
of the Contract.
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The liability of the Consultants expires after one (1) year from the stipulated date of
completion of construction or after three (3) years from the date of final completion of
the design whichever is earlier.
The Consultants may, to protect themselves, insure themselves against their liabilities
but this is not obligatory. The extent of the insurance shall be up to the limit specified in
second para above. The Consultants shall procure the necessary cover before
commencing the Services and the cost of procuring such cover shall be borne by the
Consultants up to a limit of one percent of the total remuneration of the Consultants for
the design phase for every year of keeping such cover effective.
The Consultants shall, at the request of the Client, indemnify the Client against any or
all risks arising out of the furnishing of professional services by the Consultants to the
Client, not covered by the provisions contained in the first para above and exceeding the
limits set forth in second para above provided the actual cost of procuring such indemnity
as well as costs exceeding the limits set forth in fourth para above shall be borne by the
Client.
The Consultants (a) shall take out and maintain, and shall cause any Sub-consultants to
take out and maintain, at their (or the Sub-consultants', as the case may be) own cost but
on terms and conditions approved by the Client, insurance against the risks, and for the
coverage, as are specified in the SC; and (b) at the Client's request, shall provide evidence
to the Client showing that such insurance has been taken out and maintained and that the
current premiums have been paid.
The Consultants shall obtain the Client's prior approval in writing before taking any of
the following actions:
(a) appointing such Personnel as are listed in Appendix-C merely by title but not by
name;
(b) entering into a subcontract for the performance of any part of the Services, it
being understood (i) that the selection of Sub-consultants and the terms and
conditions of the subcontract shall have been approved in writing by the Client
prior to the execution of the subcontract, and (ii) that the Consultants shall remain
fully liable for the performance of the Services by the Sub-consultants and its
Personnel pursuant to this Contract;
(c) any other action that may be specified in the SC.
The Consultants shall submit to the Client the reports and documents specified in
All plans, drawings, specifications, reports, and other documents and software prepared
by the Consultants in accordance with Sub-Clause 3.7 shall become and remain the
property of the Client, and the Consultants shall, not later than upon termination or
expiration of this Contract, deliver (if not already delivered) all such documents and
software to the Client, together with a detailed inventory thereof. The Consultants may
retain a copy of such documents and software.
Restriction(s) about the future use of these documents, is specified in the SC.
Equipment and materials made available to the Consultants by the Client, or purchased
by the Consultants with funds provided by the Client, shall be the property of the Client
and shall be marked accordingly. Upon termination or expiration of this Contract, the
Consultants shall make available to the Client an inventory of such equipment and
materials and shall dispose of such equipment and materials in accordance with the
Client's instructions or afford salvage value of the same. While in possession of such
equipment and materials, the Consultants, unless otherwise instructed by the Client in
writing, shall insure them at the expense of the Client in an amount equal to their full
replacement value.
The Consultants (i) shall keep accurate and systematic accounts and records in respect
of the Services hereunder, in accordance with internationally accepted accounting
principles and in such form and detail as will clearly identify all relevant time charges,
and cost, and the basis thereof, and (ii) shall permit the Client or its designated
representatives periodically, and up to one year from the expiration or termination of this
Contract, to inspect the same and make copies thereof as well as to have them audited
by auditors appointed by the Client.
The titles, agreed job descriptions, minimum qualifications, and estimated periods of
engagement in the carrying out of the Services of the Consultants' Key Personnel are
described in Appendix C. The Key Personnel and Sub-consultants listed by title and/or
by name, as the case may be, in Appendix C are deemed to be approved by the Client.
5.1.1 Assistance
The Client shall use its best efforts to ensure that the Client shall:
(b) assist to obtain the existing data relevant to the carrying out of the Services, with
various Government and other organizations. Such items shall be returned by the
Consultants upon completion of the Services under this Contact;
(c) issue to officials, agents and representatives of the concerned organizations, all
such instructions as may be necessary or appropriate for prompt and effective
implementation of the Services;
(d) assist to obtain permits which may be required for right-of-way, entry upon the lands
and properties for the purposes of this Contract.
(e) provide to the Consultants, Sub-consultants, and Personnel any such other assistance and
exemptions as may be specified in the SC;
5.1.2 Co-ordination
5.1.3 Approvals
The Client shall accord approval of the documents within such time as specified in the
SC, whenever these are applied for by the Consultants.
The Client warrants that the Consultants shall have, free of charge, unimpeded access to
all land of which access is required for the performance of the Services.
If, after the date of this Contract, there is any change in the Applicable Law which
increases or decreases the cost of the Services rendered by the Consultants, then the
remunerations and direct costs otherwise payable to the Consultants under this Contract
shall be increased or decreased accordingly, and corresponding adjustment shall be made
to the amounts referred to in Sub-Clause 6.2 (a) or (b), as the case may be.
The Client shall make available to the Consultants, Sub-consultants and the Personnel,
for the purpose of the Services and free of any charge, the services, facilities and property
described in Appendix F at the times and in the manner specified in said Appendix F,
provided that if such services, facilities and property shall not be made available to the
Consultants as and when so specified, the Parties shall agree on; (i) any time extension
that it may be appropriate to grant to the Consultants for the performance of the Services;
(ii) the manner in which the Consultants shall procure any such services, facilities and
property from other sources; and (iii) the additional payments, if any, to be 17 made to
the Consultants as a result thereof pursuant to Clause 6 hereinafter.
5.5 Payments
In consideration of the Services performed by the Consultants under this Contract, the
Client shall make to the Consultants such payments and in such manner as is provided
by Clause 6 of this Contract.
6. PAYMENTS TO THE CONSULTANTS
The Consultants' total remuneration shall not exceed the Contract Price and shall be a
fixed lump sum including all staff costs, incurred by the Consultants in carrying out the
(a) Foreign currency payment shall be made in the currency or currencies specified
as foreign currency or currencies in the SC, and local currency payment shall be
made in Pakistani Rupees.
(b) The SC shall specify the breakup of remuneration to be paid, respectively, in
foreign and in local currencies.
Payment will be made to the account of the Consultants and according to the payment
schedule stated in the SC. Payments shall be made after the conditions listed in the SC
for such payments have been met, and the Consultants have submitted an invoice to the
Client specifying the amount due.
(a) Advance payment to the Consultants shall be affected within the period specified
in the SC, after signing of the Contract Agreement between the Parties.
(b) Any other amount due to the Consultants shall be paid by the Client to the
Consultants within twenty-eight (28) days in case of local currency and fifty-six
(56) days in case of foreign currency after the Consultants' invoice has been
delivered to the Client.
If the Client has delayed payments beyond the period stated in paragraph (b) of Sub-
Clause 6.4, financing charges shall be paid to the Consultants for each day of delay at
the rate specified in the SC.
(a) Services as approved by the Client outside the Scope of Services described in
Appendix A;
(b) Services to be performed during the period extended pursuant to Sub-Clause 2.6,
beyond the original schedule time for completion of the Services; and
(c) any re-doing of any part of the Services as a result of Client's instructions. If, in
the opinion of the Client, it is necessary to perform Additional Services during
the currency of the Contract for the purpose of the Project, such Additional
If the Client fails to make the payment of any of the Consultants' invoice (excluding the
advance payment), within twenty-eight (28) days after the expiry of the time stated in
paragraph (b) of Sub-Clause 6.4, within which payment is to be made, the Consultants
may after giving not less than fourteen (14) days' prior notice to the Client, suspend the
Services or reduce the rate of carrying out the Services, unless and until the Consultants
have received the payment.
This action will not prejudice the Consultants entitlement to financing charges under
Sub-Clause 6.5.
7. SETTLEMENT OF DISPUTES
The Parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Contract or its interpretation.
Any dispute between the Parties as to matters arising pursuant to this Contract which
cannot be settled amicably within thirty (30) days after receipt by one Party of the other
Party's request for such amicable settlement may be submitted by either Party for
settlement in accordance with the provisions of the Arbitration Act, 1940 (Act No. X of
1940) and Rules made thereunder and any statutory modifications thereto.
Services under the Contract shall, if reasonably possible, continue during the arbitration
proceedings and no payment due to or by the Client shall be withheld on account of such
proceedings.
8. INTEGRITY PACT
8.1 If the Consultants 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 Consultants as
Appendix-G to this Form of Contract, then the Client shall be entitled to:
(c) recover from the Consultants any loss or damage to the Client as a result of such
termination or of any other corrupt business practices of the Consultants or any
of his Sub-consultant, agents or servants.
On termination of the Contract under Sub-Para (b) of this Sub-Clause, the Consultants shall
proceed in accordance with Sub-Clause 2.9.3. Payment upon such termination shall be made
under Sub-Claus 2.9.4
(a) after having deducted the amounts due to the Client under Sub- Para (a) and (c) of this
Sub-Clause.
1.1 Definitions
The date on which this Contract shall come into effect is the date when the Contract is
signed by both the Parties.
The period of completion of Services shall be Four Hundred and Fifty Six
(456) days for construction supervision phase plus Three-Hundred Sixty-Five
(365) days for Defect Liability Period from the date of commencement of the
Services or such other period as the Parties may agree in writing.
The text of this sub-Clause is deleted and replaced with the following text
a) the Consultants shall request the Client for such increase and shall
provide sufficient cause for it along with probable effects of such
increase;
b) the Client may accord such extension if deemed
The text of this sub-Clause is deleted and replaced with the following text
If as a result of Force Majeure a party is rendered unable to perform its duties under this
Contract, the Parties shall mutually determine period of extension of time for completion
of such duties.
The text of this sub-Clause is deleted and replaced with the following text
“The Consultants are liable for the consequence of errors and omissions on their part or
on the part of their employees to the extent and with the limitations as mentioned herein
below.
If the Client suffers any losses or damages as a result of proven faults, errors or omissions
by the Consultants, the Consultants shall make good such losses or damages, subject to
the conditions that the maximum liability as aforesaid shall not exceed twice the total
remuneration of the Consultants in accordance with the terms of the Contract.
The liability of the Consultants expires after one (1) year from the stipulated date of
completion of construction.
The Consultants may, to protect themselves, insure themselves against their liabilities
but this is not obligatory. The extent of the insurance shall be up to the limit specified in
second para above. The Consultants shall procure the necessary cover before
commencing the Services and the cost of procuring such cover shall be borne by the
Consultants up to a limit of one percent of the total remuneration of the Consultants for
every year of keeping such cover effective.
The Consultants shall, at the request of the Client, indemnify the Client against any or
all risks arising out of the furnishing of professional services by the Consultants to the
Client, not covered by the provisions contained in the first para above and exceeding the
limits set forth in second para above provided the actual cost of procuring such indemnity
as well as costs exceeding the limits set forth in fourth para above shall be borne by the
Client.”
The Consultants shall seek prior approval from the Client, before any action they propose
to take under the following:
The Consultants shall not use these documents for purposes unrelated to this Contract
without the prior written approval of the Client.
“In case the Consultant fails to provide the Key Personnel in accordance with the
Sub-Clause 4.1 [Description of Personnel] and provision of staff requirement as
mentioned in Annexure A [Scope of Services] the Consultant shall be liable as
under:
1
If in the opinion of the Engineer an emergency occurs affecting the safety of life or of the Works or of adjoining property, the
Engineer may, without relieving the Contractor of any of his duties and responsibilities under the Construction Contract, instruct
the Contractor to execute all such work or to do all such things as may, in the opinion of the Engineer, be necessary to abate or
reduce the risk.
Such deduction shall continue for the period till the provision of the personnel by
the Consultant or any other person having equivalent or better qualification duly
accepted by the Client.
In the event the Consultant does not provide the personnel or any other person
having equivalent or better qualification as accepted by the Client; then the Client
may arrange for the personnel at the risk and cost of the Consultant.
These deductions shall be made without prejudice to any other liability of the
Consultant contained in this Contract. “
“the Client shall accord its approval, or otherwise rejection, within fourteen (14) days of
receipt of the request for replacement from the Consultants”.
5.1.1 Assistance
(a) The Client shall make available to the Consultants within twenty one
(21) days from the Commencement Date, all existing documents, data,
information, studies and reports related to the project available with the Client.
The Client shall also assist the Consultants in obtaining necessary permits
wherever required.
5.1.2 Coordination
The Client shall assist the Consultant in obtaining any data, approval / clearance relating
to the services as required from the concerned departments and other agencies;
5.1.3 Approvals
The text of this sub-Clause is deleted and replaced with the following text
If, after the date of this Contract, there is any change in the law related to Sales Tax only,
The staff month rates for Consultants’ staff set forth in Appendix E, hereof shall be used
for monthly billing purposes on terms stated as under.
Payment for defect liability period (salary cost + direct cost) as stated in Appendix-E
shall be claimed on quarterly basis over total defect liability period
As soon as practicable and preferably within thirty (30) days after the end of each calendar
month during the period of the Services, the Consultants shall submit their bill in duplicate
to the Client. Supporting documents shall be submitted for reimbursable direct costs
expenditure, if any.
All payments in respect of Services shall be made through bank draft/crossed cheque
‘Payees A/C Only’ or through direct transfer in favour of the Consultants.
1. The Consultants may request for an advance payment of an amount upto ten per
cent (10%) of the Contract Price. The time period to request for advance payment
shall be twenty eight (28) days after signing of the Contract. However, advance
payment shall only be released after submission of bank guarantee, securing the
full amount of advance payment. This bank guarantee shall be issued by a
scheduled bank of Pakistan or by an international bank counter- guaranteed by a
scheduled bank of Pakistan, against the requested advance payment in the format
provided at Appendix H.
The advance payment will be set off by the Client in the following manner:
Twenty percent (20%) of advance payment shall be deducted by Client from first
five payments to the Consultants against Consultants’ Invoice within seven (07)
days of full adjustment of the advance payment, the Client shall release the
advance payment guarantee.
Reporting Requirements
NOT USED
Without limiting the generality of the foregoing, M/s _______ 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 GoPb, except that
which has been expressly declared pursuant hereto.
M/s _________ 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 GoPb and has not taken any action or will not
take any action to circumvent the above declaration, representation or warranty.
M/s _______ 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 GoPb
under any law, contract or other instrument, be voidable at the option of GoPb.
Notwithstanding any rights and remedies exercised by GoPb in this regard, M/s _____ agrees to indemnify
GoPb for any loss or damage incurred by it on account of its corrupt business practices and further pay
compensation to GoPb in an amount equivalent to ten time the sum of any commission, gratification, bribe,
finder’s fee or kickback given by M/s ______ 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
GoPb.
Signature: Signature:
[Seal] [Seal]
WHEREAS (hereinafter called the 'Client') has entered into a Contract for (Particulars of
Contract) with (hereinafter called the "Consultants').
AND WHEREAS, the Client has agreed to advance to the Consultants, at the Consultants'
request, an amount of Rupees (Rs
) which amount shall be advanced to the Consultants as per provisions of the
Contract.
AND WHEREAS, the Client has asked the Consultants to furnish Guarantee to secure the
mobilization advance for the performance of his obligations under the said Contract.
AND WHEREAS,
(Scheduled Bank in Pakistan acceptable to the Client)
(hereinafter called the “Guarantor”) at the request of the Consultants and in consideration of
the Client agreeing to make the above advance to the Consultants, has agreed to furnish the said
Guarantee.
NOW, THEREFORE, the Guarantor hereby guarantees that the Consultants shall use the
advance for the purpose of above mentioned Contract and if he fails and commits default in
fulfilment of any of his obligations for which the advance payment is made, the Guarantor shall
be liable to the Client for payment not exceeding the aforementioned amount.
Notice in writing of any default, of which the Client shall be the sole and final judge, on the
part of the Consultants, shall be given by the Client to the Guarantor, and on such first written
demand, payment shall be made by the Guarantor of all sums then due under this Guarantee
without any reference to the Consultants and without any objection.
This Guarantee shall remain in force until the advance is fully adjusted against payments from
the Interim Payment Certificates of the Consultants or until whichever is earlier.
(Date)
The Guarantor's liability under this Guarantee shall not in any case exceed the sum of Rupees
(Rs
).
This Guarantee shall remain valid up to the aforesaid date and shall be null and void after the
aforesaid date or earlier if the advance made to the Consultants is fully adjusted against
payments from Interim Payment Certificates of the Consultants provided that the Guarantor
agrees that the aforesaid period of validity shall be deemed to be extended if on the above
2. _______________________
_______________________ _______________________
Name, Title & Address Corporate Guarantor (Seal)