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The key takeaways are that the document outlines the request for proposal for consultancy services related to the implementation of Gwadar Smart Port City Master Plan in Balochistan, Pakistan. It discusses the scope of work, terms and conditions, and standard contract forms.

The purpose of the document is to provide instructions to consultants for applying for consultancy services related to the implementation of Gwadar Smart Port City Master Plan. It outlines the scope of work, bidding process, terms and conditions for interested firms.

The main sections covered in the document include instructions to consultants, technical and financial proposal forms, terms of reference, general contract conditions, and the standard contract form. It also discusses the scope of work in detail under different tasks.

GWADAR DEVELOPMENT AUTHORITY

GOVERNMENT OF BALOCHISTAN

Consultancy Services
for
Implementation of Gwadar
Smart Port City Master Plan

Request for Proposal

MAY 2020
Ccontents

NOTICE INVITING TENDERS (NIT) ................................................ Error! Bookmark not defined.

SECTION-1: INSTRUCTIONS TO CONSULTANTS (INCLUDING DATA SHEET) ...................... 5

SECTION-2: TECHNICAL PROPOSAL - STANDARD FORMS ..................................................... 21

SECTION-3: FINANCIAL PROPOSAL - STANDARD FORMS ...................................................... 32

SECTION-4: TERMS OF REFERENCE ............................................................................................. 42

SECTION 5 : GENERAL CONDITIONS OF CONTRACT ............................................................... 74

SECTION-6 : STANDARD FORM OF CONTRACT INCLUDING INTEGRITY PACT ................ 87

(i)
Section-1: Instructions to Consultants (including Data Sheet)

NOTICE INVITING TENDERS (NIT)

Consultancy Services for


Implementation of Gwadar Smart Port City Master Plan

Gwadar Development Authority (GDA), hereinafter called “Procuring Agency" intends to hire
the services of Consultants for Implementation of Gwadar Smart Port City Master Plan.

TORs/RFP shall be available in the office of undersigned and also on the website of BPPRA.
The consultancy firms interested in the assignment with experience of similar nature of
assignments may apply for selection containing the following information/particulars duly
supported with necessary documents. A brief description of the Assignment and its objectives
are given in the Data Sheet. Scope of Work is provided in the attached TOR.

Sealed Bids are invited from Reputable National & International Firms. Competitive bidding
shall be held under the Quality and Cost Based Selection Method (QCBS) as per BPPRA
Rules.

Scope of Work:

Brief Scope of work is as follows; however detailed Scope of Work is provided in the RFP.

a. TASK I: TECHNICAL SURVEYS


i. Detailed Topographic/GIS Surveys including contour plan & Field Survey

b. TASK II: REVITALIZATION AND URBAN PLANNING OF OLD TOWN AND


PRESERVATION OF HERITAGES

c. TASK III: DETAILED PLANNING AND DESIGNING OF PROJECT AREA


INCLUDING CBD
i. Task III. 1 Detailed Planning and Designing of Project Area and Master
Planning of Oil City Area.
ii. Task III.2 Detailed Planning and Designing of Central Business District (CBD)

d. TASK IV: PREPARATION OF SED GOVERNMENT STRUCTURE IN DETAIL


INCLUDING RESTRUCTURING OF GDA

e. TASKV: CONSULTANCY SERVICES FOR GIS PLANNING,


COMPUTERIZATION, LAND DOCUMENTATION, ETC. AND SETTING UP OF
INFORMATION & COMMUNICATION CENTER IN GDA
i. Task V.I: GIS (Geographic Information System) Planning Consultancy
ii. Task V.II Planning Consultancy on Setting Up of Information &
Communication Center (Data Center) in GDA.
f. TASKVI: OTHER IMPLEMENTATION & PLANNING DOCUMENTS/ACTIVITIES

(2)
Section-1: Instructions to Consultants (including Data Sheet)

Terms & Conditions:


1. All Interested Firms are required to be registered with Pakistan Engineering Council
(PEC) in categories of 1201, 1203, 1204 and 0507.
2. The Consultants are required to be registered with both PEC and PCATP. In case of a
Joint venture / consortium / Association, the lead partner must possess a valid license
from PEC with categories 1201, 1204, 1205 and 0507, whereas at-least one of the J.V.
Partner must be registered with PCATP.
3. Detailed RFP can be obtained from the office of undersigned on any Working Day
During Office Hours on Payment of RFP Document Fee of PKR 3,000/-
4. Firms are required to submit their Bids by 1:00 PM on 28th June, 2020 in the office of
the Director Town Planning, Gwadar Development Authority, Marine Drive, Gwadar.
Technical Bid will be opened on the same day at 2:00 PM. Financial Bid must include
2% Bid Security in shape Deposit at Call or Bank Guarantee issued by a scheduled
Bank in Pakistan.
5. BID Validity should be 120days.
6. Joint Venture Agreement or M.O.U. between National or Local and International
Consultants should comply the PEC Rules, Regulations & PEC Guidelines.
7. The Procurement Agency reserves the rights to annul the Bidding Process as per
BPPRA Rules 2014.
8. The Bidders, who download the Documents from Website, should submit the Tender
Fee of Rs. 3,000/- In shape of PO/DD at the time of Submission of Bid Document.
9. The method of procurement will be Single Stage Two Envelope. Technical and
financial proposals shall be clearly marked on envelope.
10. Firms shall be required to establish that they meet the Requirements of the Tender in
their Technical Bid, before their Financial Bid is opened. Firms are required to submit
following mandatory requirement and other requirement, Legal Particular / Documents
as mentioned RFP:
i. Valid PEC and PCATP Registration Certificate.
ii. Valid National Tax No. (NTN)
iii. Valid BRA Registration.
iv. Average Annual Turnover for Consultancy Service PKR 150.00 Million
v. Average Net worth for last Three-year PKR 20.00 Million
vi. Average Working Capital for last Three-year PKR 10.00 Million
vii. Undertaking that they have NEVER BEEN BLACKLISTED, by a Public
Sector Entity.
viii. Affidavit that all documents, statement submitted are true.
11. Pre-bid Meeting will be held on 5th June, 2020 at Director Town Planning office,
Gwadar Development Authority, Gwadar.

Director Town Planning,


Gwadar Development Authority
Marine Drive, Gwadar
Tel: +92-86-9201010-11
Fax: +92-86-9201020

(3)
Section-1: Instructions to Consultants (including Data Sheet)

SECTION-1: INSTRUCTIONS TO CONSULTANTS


(INCLUDING DATA SHEET)

(4)
Section-1: Instructions to Consultants (including Data Sheet)

INSTRUCTIONS TO CONSULTANTS
[Note to the Procuring Agency, this Section 1 - Instructions to Consultants shall not be modified. Any
necessary changes, acceptable to the Procuring Agency, shall be introduced only through the Data Sheet
(e.g., by adding new reference paragraphs)]

1. Definitions

(a) “Client/Procuring Agency (PA)” means the department with which the selected Consultant
signs the Contract for the Services.

(b) “Consultant” means a professional who can study, design, organize, evaluate and manage
projects or assess, evaluate and provide specialist advice or give technical assistance for making
or drafting policies, institutional reforms and includes private entities, consulting firms, legal
advisors, engineering firms, construction managers, management firms, procurement agents,
inspection agents, auditors, international and multinational organizations, investment and
merchant banks, universities, research institutions, government agencies, nongovernmental
organizations, and individuals.

(c) “Contract” means an agreement enforceable by law and includes General and Special
Conditions of the contract.

(d) “Data Sheet” means such part of the Instructions to Consultants that is used to reflect specific
assignment conditions.

(e) “Day” means calendar day including holiday.

(f) “Government” means the Government of Balochistan.

(g) “Instructions to Consultants” (Section 1 of the RFP) means the document which provides short
listed Consultants with all information needed to prepare their Proposals.

(h) “LOI” means the Letter of Invitation sent by the procuring agency to the Consultant.

(i) “Proposal” means the Technical Proposal and the Financial Proposal.

(j) “RFP” means the Request for Proposal prepared by the Procuring Agency for the selection of
Consultants.

(k) “Sub-Consultant” means any person or entity to whom the Consultant subcontracts any part of
the Services.

(l) “Terms of Reference” (TOR) means the document included in the RFP as Section 4 which
explains the objectives, scope of work, activities, tasks to be performed, respective
responsibilities of the procuring agency and the Consultant, and expected results and
deliverables of the assignment.

(5)
Section-1: Instructions to Consultants (including Data Sheet)

2. Introduction 2.1 The Procuring agency named in the Data Sheet will select a consulting
firm/organization (the Consultant) from those listed in the Letter of
Invitation, in accordance with the method of selection specified in the Data
Sheet.
2.2 The eligible Consultants (shortlisted if so) are invited to submit a Technical
Proposal and a Financial Proposal, or a Technical Proposal only, as specified
in the Data Sheet. The Proposal will be the basis for contract negotiations and
ultimately for a signed Contract with the selected Consultant.
2.3 Consultants should familiarize themselves with rules / conditions and take
them into account while preparing their Proposals. Consultants are
encouraged to attend a pre-proposal conference if one is specified in the Data
Sheet. Attending the pre-proposal conference is, however optional.
Consultants may liaise with procuring agency’s representative named in the
Data Sheet for gaining better insight into the assignment.
2.4 Consultants shall bear all costs associated with the preparation and
submission of their proposals and contract negotiation. The Procuring
Agency reserves the right to annul the selection process at any time prior to
Contract award, without thereby incurring any liability to the Consultants.
2.5 Procuring Agency may provide facilities and inputs as specified in Data
Sheet.

3.Conflict of 3.1.1 Consultants are required to provide professional, objective, and impartial
Interest advice and holding the Procuring Agency interest paramount. They shall
strictly avoid conflict with other assignments or their own corporate interest.
Consultants have an obligation to disclose any situation of actual or potential
conflict that impacts their capacity to serve the best interest of the Procuring
Agency, or that may reasonably be perceived as having such effect. Failure
to disclose said situations may lead to the disqualification of the Consultant
or the termination of its Contract.
3.1.2 Without limitation on the generality of the foregoing, Consultants, and any
of their affiliates, shall be considered to have a conflict of interest and shall
not be recruited, under any of the circumstances set forth below:
(i) A consultant that has been engaged by the procuring agency to
provide goods, works or services other than consulting services for a
project, any of its affiliates, shall be disqualified from providing
consulting services related to those goods, works or services.
Conversely, a firm hired to provide consulting services for the
preparation or implementation of a project, any of its affiliates, shall
be disqualified from subsequently providing goods or works or
services other than consulting services resulting from or directly
related to the firm’s consulting services for such preparation or
implementation.
(ii) A Consultant (including its Personnel and Sub-Consultants) or any of
its affiliates shall not be hired for any assignment that, by its nature,
may be in conflict with another assignment of the Consultant to be
executed for the same or for another Procuring Agency.
(iii) A Consultant (including its Personnel and Sub-Consultants) that has a
business or family relationship with a member of the Procuring
Agency’s staff who is directly or indirectly involved in any part of (i)
the preparation of the Terms of Reference of the assignment, (ii) the
selection process for such assignment, or (iii) supervision of the
Contract, may not be awarded a Contract, unless the conflict
stemming from this relationship has been resolved.
(6)
Section-1: Instructions to Consultants (including Data Sheet)

Conflicting 3.2 Government officials and civil servants may be hired as consultants only if:
Relationships (i) They are on leave of absence without pay;

(ii) They are not being hired by the agency they were working for, six
months prior to going on leave; and

(iii) Their employment would not give rise to any conflict of interest.
4. Fraud and It is Government’s policy that Consultants under the contract(s), observe the highest
Corruption standard of ethics during the procurement and execution of such contracts. In pursuit
of this policy, the Procuring Agency follows the instructions contained in PPRA 2013
which defines:
“ corrupt and fraudulent practices” includes the offering, giving, receiving, or
soliciting, directly or indirectly of anything of value to influence the act of another
party for wrongful gain or any act or omission ,including misrepresentation, that
knowingly or recklessly misleads or attempt mislead a party to obtain a financial or
other benefit or to avoid an obligation;
Under Rule 35 of PPRA 2013, “The PA can inter-alia blacklist Bidders found to be
indulging in corrupt or fraudulent practices. Such barring action shall be duly
publicized and communicated to the PPRA. Provided that any supplier or contractor
who is to be blacklisted shall be accorded adequate opportunity of being heard”.

5. Integrity Pact Pursuant to Rule 89 of PPR 2015 Consultant undertakes to sign an Integrity pact in
accordance with prescribed format attached hereto for all the procurements estimated
to exceed Rs. 2.5 million. (Annex-A).

6. Eligible 6.1 If short listing process has been undertaken through Request of Expression
Consultants of Interest (REOI), as outlined in PPRA 2013 for the Contract(s) for which
these RFP documents are being issued, those firms - in case of Joint Ventures
with the same partner(s) and Joint Venture structure - that had been pre-
qualified are eligible.
6.2 Short listed consultants emerging from request of expression of interest are
eligible.
7. Eligibility of A short listed Consultant would not be allowed to associate with Consultants who
Sub-Consultants have failed to qualify the short listing process.

8. Only one Short listed Consultants may only submit one proposal. If a Consultant submits or
Proposal participates in more than one proposal, such proposals shall be disqualified.
Participation of the same Sub-Consultant, including individual experts, to more than
one proposal is not allowed.

9. Proposal 9.1 The Data Sheet indicates Proposals validity that shall not be more than 90
Validity days in case of National Competitive Bidding (NCB) and 120 days in case of
International competitive Bidding (ICB). During this period, Consultants
shall maintain the availability of Professional staff nominated in the Proposal.
The Procuring Agency will make its best effort to complete negotiations
within this period. Should the need arise; however, the Procuring Agency
may request Consultants to extend the validity period of their proposals.
Consultants who agree to such extension shall confirm that they maintain the
availability of the Professional staff nominated in the Proposal, or in their
confirmation of extension of validity of the Proposal, Consultants may submit
new staff in replacement, who would be considered in the final evaluation for
contract award. Consultants who do not agree have the right to refuse to
extend the validity of their Proposals.

(7)
Section-1: Instructions to Consultants (including Data Sheet)

9.2 Consultants shall submit required bid security along with financial proposal
defined in the data sheet (which shall not be less than two percent and shall
not exceed five percent of bid amount).

10. Clarification 10.1 Consultants may request for a clarification of contents of the bidding
and Amendment document in writing and procuring agency shall respond to such queries in
in RFP Documents writing within three calendar days, provided they are received at least five
calendar days prior to the date of opening of proposal. The procuring agency
shall communicate such response to all parties who have obtained RFP
document without identifying the source of inquiry. Should the PA deem it
necessary to amend the RFP as a result of a clarification, it shall do so.

10.2 At any time before the submission of Proposals, the Procuring Agency may
amend the RFP by issuing an addendum/ corrigendum in writing. The
addendum shall be sent to all Consultants and will be binding on them.
Consultants shall acknowledge receipt of all amendments. To give
Consultants reasonable time in which to take an amendment into account in
their Proposals the Procuring Agency may, if the amendment is substantial,
extend the deadline for the submission of Proposals.

11. Preparation of 11.1 In preparing their Proposal, Consultants are expected to examine in detail the
Proposals documents comprising the RFP. Material deficiencies (deviation from scope,
experience and qualification of personnel) in providing the information
requested may result in rejection of a Proposal.

11.2 The estimate number of professional staff months or the budget required for
executing the assignment should be shown in the data sheet, but not both.
However, proposal shall be based on the professional staff month or budget
estimated by the consultant.
12. Language The Proposal as well as all related correspondence exchanged by the Consultants and
the Procuring Agency shall be written in English However it is desirable that the
firm’s Personnel have a working knowledge of the national and regional languages
of Islamic Republic of Pakistan.

13. Technical 13.1 While preparing the Technical Proposal, consultants must give particular
Proposal Format attention to the following:
and Content (i) If a consultant considers that it does not have all the expertise for the
assignment, it may obtain a full range of expertise by associating with
individual consultant(s) and/or other firms or entities in a joint venture or
sub-consultancy, as appropriate. The international consultants are
encouraged to seek the participation of local consultants by entering into a
joint venture with, or subcontracting part of the assignment to, national
consultants.

(ii) For assignments on a staff-time basis, the estimated number of professional


staff-months is given in the Data Sheet. The proposal shall, however, be
based on the number of professional staff-months estimated by the firm.
For fixed-budget-based assignments, the available budget is given in the
Data Sheet, and the Financial Proposal shall not exceed this budget.

(iii) It is desirable that the majority of the key professional staff proposed be
permanent employees of the firm or has an extended and stable working
relationship with it.

(8)
Section-1: Instructions to Consultants (including Data Sheet)

(iv) Proposed professional staff must, at minimum, have the experience


indicated in the Data Sheet, preferably working under similar geographical
condition.

(v) Alternative professional staff shall not be proposed, and only one
curriculum vita (CV) shall submitted for each position.

13.2 The Technical Proposal shall provide the following information using the
attached Standard Forms (Section 2):

(i) A brief description of the consultant organization and an outline of recent


experience on assignments (Section 2) of a similar nature. For each
assignment, the outline should indicate, inter alia, the profiles of the staff,
duration of the assignment, contract amount, and firm’s involvement.

(ii) Any comments or suggestions on the Terms of Reference and on the data, a
list of services, and facilities to be provided by the PA (Section 2).

(iii) The list of the proposed staff team by specialty, the tasks that would be
assigned to each staff team member, and their timing (Section 2).

(iv) CVs recently signed by the proposed professional staff and the authorized
representative submitting the proposal (Section 2). Key information should
include degree and responsibility held in various assignments during the
last.___ (Refer Data Sheet) Years.

(v) Estimates of the total staff input (professional and support staff; staff time)
needed to carry out the assignment, supported by bar chart diagrams
showing the time proposed for each professional staff team member
(Sections 2).

(vi) A detailed description of the proposed methodology, work plan for


performing the assignment, staffing, and monitoring of training, if the
Data Sheet specifies training as a major component of the assignment
(Section 2).

(vii) Any additional information requested in the Data Sheet.

13.3 The Technical Proposal shall not include any financial information

14. Financial 14.1 The Financial Proposal shall be prepared using the attached Standard Forms
Proposals (Section 3). It shall list all costs associated with the assignment, including (a)
remuneration for staff (in the field and at the Consultants’ office), and (b)
reimbursable expenses indicated in the Data Sheet (if applicable).
Alternatively, Consultant may provide their own list of cost. If appropriate,
these costs should be broken down by activity. All activities and items
described in the Technical Proposal must be priced separately; activities and
items described in the Technical Proposal but not priced, shall be assumed to
be included in the prices of other activities or items.

15. Taxes 15.1 The Consultant will be subject to all admissible taxes including stamp duty
and service charges at a rate prevailing on the date of contract agreement
unless exempted by relevant tax authority.

(9)
Section-1: Instructions to Consultants (including Data Sheet)

16. Submission, 16.1 Proposal shall contain no interlineations or overwriting. Submission letters
Receipt, and for both Technical and Financial Proposals should respectively be in the
Opening of format of TECH-1 of Section 2, and FIN-1 of Section 3. All pages of the
Proposals original Technical and Financial Proposals will be initialed by an authorized
representative of the Consultants (Individual Consultant). The authorization
shall be in the form of a written power of attorney accompanying the
Proposal.

16.2 All required copies of the Technical Proposal are to be made from the
original. If there are discrepancies between the original and the copies of the
Technical Proposal, the original governs.

16.3 The original and all copies of the Technical Proposal shall be placed in a
sealed envelope clearly marked “TECHNICAL PROPOSAL” Similarly, the
original Financial Proposal (if required under the selection method indicated
in the Data Sheet) shall be placed in a sealed envelope clearly marked
“FINANCIAL PROPOSAL” followed by name of the assignment, and with
a warning “DO NOT OPEN WITH THE TECHNICAL PROPOSAL.” If the
Financial Proposal is not submitted in a separate sealed envelope duly marked
as indicated above, this will constitute grounds for declaring the Proposal
non-responsive.

16.4 The Proposals must be sent to the address indicated in the Data Sheet and
received by the PA no later than the time and the date indicated in the Data
Sheet, or any extension to this date. Any proposal received by the PA after
the deadline for submission shall be returned unopened. In order to avoid any
delay arising from the postal or PA’s internal dispatch workings, Consultants
should ensure that proposals to be sent through couriers should reach a day
before the deadline for submission

17. Proposal 117.1 From the time the Proposals are opened to the time the Contract is awarded,
Evaluation the Consultants should not contact the PA on any matter related to its
Technical and/or Financial Proposal. Any effort by Consultants to influence
the PA in the examination, evaluation, ranking of Proposals, and
recommendation for award of Contract may result in the rejection of the
Consultants’ Proposal.

Evaluators of Technical Proposals shall have no access to the Financial


Proposals until the technical evaluation is concluded.

(10)
Section-1: Instructions to Consultants (including Data Sheet)

18. Evaluation of 18.1 The evaluation committee shall evaluate the Technical Proposals on the basis
Technical Proposals of their responsiveness to the Terms of Reference, applying the evaluation
criteria, sub-criteria, and point system specified in the Data Sheet. Each
responsive Proposal will be given a technical score (St). A Proposal shall be
rejected at this stage if it fails to achieve the minimum technical score
indicated in the Data Sheet.

In the case of Quality-Based Selection, Selection Based on Consultant’s


Qualifications, and Single-Source Selection, the highest ranked consultant or
firm selected on a single-source basis is invited to negotiate its proposal and
the contract on the basis of the Technical Proposal and the Financial Proposal
submitted.

Public Opening and Evaluation of Financial Proposals: (LCS , QCBS, and


Fixed Budget Selection Methods Only)

18.2 After the technical evaluation is completed, the PA shall notify in writing
Consultants that have secured the minimum qualifying marks, the date, time
and location, allowing a reasonable time, for opening the Financial Proposals.
Consultants’ attendance at the opening of Financial Proposals is optional.
Financial proposals of those consultants who failed to secure minimum
qualifying marks shall be returned un opened.

19. Evaluation of 19.1 Financial Proposals shall be opened publicly in the presence of the
Financial Proposals Consultants’ representatives who choose to attend. The name of the
Consultants and the technical scores of the Consultants shall be read aloud.
The Financial Proposal of the Consultants who met the minimum qualifying
mark will then be inspected to confirm that they have remained sealed and
unopened. These Financial Proposals shall be then opened, and the total
prices read aloud and recorded. Copy of the record shall be sent to all
Consultants.

19.2 The Evaluation Committee will correct any computational errors. When
correcting computational errors, in case of discrepancy between a partial
amount and the total amount, or between word and figures the formers will
prevail. In addition to the above corrections, activities and items described in
the Technical Proposal but not priced, shall be assumed to be included in the
prices of other activities or items.

19.3 In case of Least Cost Selection LCS Method, the bid found to be the lowest
evaluated bid shall be accepted.

19.4 In case of Quality and Cost Based Selection QCBS Method the lowest
evaluated Financial Proposal (Fm) will be given the maximum financial score
(Sf) of 100 points. The financial scores (Sf) of the other Financial Proposals
will be computed as indicated in the Data Sheet. Proposals will be 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) indicated in the Data Sheet: S = St x T%
+ Sf x P%. The firm achieving the highest combined technical and financial
score will be invited for negotiations.

19.5 In the case of Fixed-Budget and Quality Based Selection, the Procuring
Agency will select the firm that submitted the highest ranked Technical
Proposal.

(11)
Section-1: Instructions to Consultants (including Data Sheet)

20. Negotiations 20.1 Negotiations will be held at the date and address indicated in the Data Sheet.
The invited Consultant will, as a pre-requisite for attendance at the
negotiations, confirm availability of all Professional staff. Failure in
satisfying such requirements may result in the PA proceeding to negotiate
with the next-ranked Consultant. Representatives conducting negotiations on
behalf of the Consultant must have written authority to negotiate and
conclude a Contract.

21. Technical 21.1 Technical Negotiations will include a discussion of the Technical Proposal,
negotiations the proposed technical approach and methodology, work plan, organization
and staffing, and any suggestions made by the Consultant to improve the
Terms of Reference. The PA and the Consultants will finalize the Terms of
Reference, staffing schedule, work schedule, logistics, and reporting. These
documents will then be incorporated in the Contract as “Description of
Services”. Minutes of negotiations, which will be signed by the PA and the
Consultant, will become part of Contract Agreement.

22. Financial 22.1 If applicable, it is the responsibility of the Consultant, before starting
negotiations financial negotiations, to contact the local tax authorities to determine the tax
amount to be paid by the Consultant under the Contract. The financial
negotiations will include a clarification (if any) of the firm’s tax liability, and
the manner in which it will be reflected in the Contract; and will reflect the
agreed technical modifications in the cost of the services. Consultants will
provide the PA with the information on remuneration rates described in the
Appendix attached to Section 4 (i.e. Financial Proposal - Standard Forms of
this RFP.

23. Availability of 23.1 Having selected the Consultant on the basis of, among other things, an
Professional evaluation of proposed Professional staff, the PA expects to negotiate a
staff/experts Contract on the basis of the Professional staff named in the Proposal. Before
contract negotiations, the PA will require assurances that the Professional
staff will be actually available. The PA will not consider substitutions during
contract negotiations unless both parties agree that undue delay in the
selection process makes such substitution unavoidable or for reasons such as
death or medical incapacity. If this is not the case and if it is established that
Professional staff were offered in the proposal without confirming their
availability, the Consultant may be disqualified. Any proposed substitute
shall have equivalent or better qualifications and experience than the original
candidate and be submitted by the Consultant within the period of time
specified in the letter of invitation to negotiate.

24. Award of 24.1 After completing negotiations, the Procuring Agency shall award the
Contract Contract to the selected Consultant and within seven of the award of contract,
Procuring Agency shall publish on the website of the Authority and on its
own website, if such a website exists, the result of the bidding process,
identifying the bid through procuring identifying number, if any and the
following information, evaluation report, form of contract and letter of award,
bill of quantity or schedule of requirement, as the case may be.
24.2 After publishing of award of contract consultant required to submit a
performance security at the rate indicated in date sheet.
24.3 The Consultant is expected to commence the assignment on the date and at
the location specified in the Data Sheet.

(12)
Section-1: Instructions to Consultants (including Data Sheet)

25. Confidentiality Information relating to evaluation of Proposals and recommendations


concerning awards shall not be disclosed to the Consultants who submitted
the Proposals or to other persons not officially concerned with the process,
until the publication of the award of Contract. The undue use by any
Consultant of confidential information related to the process may result in the
rejection of its Proposal.

(13)
Section-1: Instructions to Consultants (including Data Sheet)

DATA SHEET

The following specific data for the Works to be bid shall complement, amend, or supplement the
provisions in the Instructions to Consultants. Wherever there is a conflict, the provisions herein shall
prevail over those in the Instructions to Bidders and wherever there is a conflict with BPPRA, BPPRA
shall prevail. Also, words PPRA 2013 should be replaced with BPPRA 2014 where ever applicable)
Clause Description
No
2
Name of the Assignment is: Consultancy Services for Implementation of
Gwadar Smart Port City Master Plan.

The Name of the PA’s official (s): Gwadar Development Authority (GDA)

Address: Office of the Director Town Planning,


Gwadar Development Authority
Marine Drive, Gwadar.
Telephone No: +92-86-9201010-11
Fax No: +92-86-9201020
2.1 The method of selection is: Quality and Cost Based Selection Method
2.2 Technical and Financial Proposals (both) /
Financial Proposal to be submitted together with Technical Proposal Yes √ No__.
(Use Separate Envelope for each sealed Proposal)
2.3 Pre-proposal conference will not be held
2.5 The Client will provide the following inputs & facilities:
Refer to TOR
4 Replace “PPRA 2013” with “BPPRA 2014” and “Rule 35 of PPRA” with “Rule 23 of
BPPRA”
5 Replace “Rule 89 of PPRA 2015” with “Rule 79 of BPPRA”
5.1 Consultant undertake to sign Integrity Pact for the procurement estimated to exceed Pak
Rs.2.5 million as per form attached in this RFP
6.1 Replace “PPRA 2013” with “BPPRA 2014”
Shortlisted Consultants may associate with other shortlisted Consultants: No
9.1 Proposals validity: 120 days (International Bidding)
9.2 Bid Security: 2%
10.1 Clarifications may be requested not later than Five (05) days before the submission date.
The address for requesting clarifications is: same as provided in Clause 2 above
11.2 Please refer to the RFP for estimate number of Professional Staff Months
Refer Section RFP
12 The Proposal as well as all related correspondence exchanged by the Consultants and the
Procuring Agency shall be written in English. However it is desirable that the firm’s
Personnel have a working knowledge of the national and regional languages of Islamic
Republic of Pakistan.
13.1 (i) Sub Letting any part of the scope of work to any other Sub Consultant is not allowed.
13.1 (ii) For Staff Months on the prject, Please Refer to TOR.
13.1(iii) Proposed Key Staff shall be preferably be permanaent employee, who are employed with
the Consultant alleast 02 Years prior to the submission of Proposal. False statement will
lead to proposal rejection.
13.2 (i) Firms should submit details of Similar Assignments related to Town Planning;
City Planning & Urban Planning (Min. 02 Projects) completed during the last
10 years.

(14)
Section-1: Instructions to Consultants (including Data Sheet)

13.2 (iii) CVs should contain details of Similar Assignments related to Town Planning;
City Planning & Urban Planning (Min. 02 Projects) done by the individuals in
the past 10 years.
13.2(vi) Training is a specific component of this assignment: Yes _ No √
15.1 Amounts payable by the PA to the Consultant under the contract to be subject to local
taxation, stamp duty and service charges, if applicable: YES
16.2 Consultant must submit the original and one (01) copy of the Technical Proposal, and
the original of the Financial Proposal.
16.4 The Proposal submission address is same as provided in Clause 2 above
Proposals must be submitted not later than: Refer NIT.

18.1 Criteria, sub-criteria, and point system for the evaluation of Technical Proposals are:

Sr. Criteria Points

(i) Specific / Relevent Experience of the Consultant [20]

(ii) Key Project Team of the Consultant [50]

(iii) Approach & Methodology of the Consultant [10]

(iv) Financial Capabilities of the Consultant [20]

Total [100]

Points
(i) Specific / Relevent Experience of the Consultant [20]
related to Town Planning, City Planning &
Urban Planning completed or in hand during
last 10 Years:

(a) Projects of Similar Assignment related Town Planning, [20]


City Planning & Urban Planning (National &
International Experience)

The number of points to be assigned to each of the above


position shall be determined considering the following sub-
criteria

(1) Two Projects [20 Points]


(2) One Project [10 Points]

Total 20
Total A1

(15)
Section-1: Instructions to Consultants (including Data Sheet)

(ii) Key Project Team [50]


(Qualifications and Competence for the assignment)

List of Key Professionals

Sr. Description Marks


Team Leader / Architect or Town Planner
(Architecture / Town Planning / City & Regional Planning)
(Valid Registration in PCATP)
(Experience in Architecture, Town Planning, City & Regional Planning,
Old Town Rehabilitation)
1 2
(Ph.D. with 10 Years Relevant Experience)

(M.Arch. / ME / M.S / MURP with 15 Years Relevant Experience)

(B-Arch / BE – CRP with 20 Years Relevant Experience)

Principal GIS Specialist / Expert (GIS / Remote Sensing / Geography /


Space Science)
(Experience in GIS / Remote Sensing Data Acquisition & Modeling)
2 2
(Ph.D. with 10 Years Relevant Experience)
(M.Sc. / M.S with 15 Years Relevant Experience)
(BSc. / BS with 20 Years Relevant Experience)
Sr. Institutional / Capacity Building Specialist
(Economics / Public Administration / Business Administration)
(Experience in Institutional & Capacity Building)
3 (Ph.D. with 10 Years Relevant Experience) 2

(MA / M.Sc. / M.S with 15 Years Relevant Experience)


(BA / BSc. / BS with 20 Years Relevant Experience)
Sr. Social Sector Specialist
(Applied Social Sciences, Sociology, Economics & Anthropology,
Development or Human Geography)
(Experience in Social Sector Reforms & Policy Making)
4 2
(Ph.D. with 10 Years Relevant Experience)
(MA / M.Sc. / M.S with 15 Years Relevant Experience)
(BA / BSc. / BS with 20 Years Relevant Experience)

(16)
Section-1: Instructions to Consultants (including Data Sheet)

Sr. PPP / BOT Mode Contract Specialist (Civil / Contract Mgmt. Business
Administration & Management)
(Valid Registration in PEC)
(Experience in PPP / BOT Contract Management & Administration)
5 2
(Ph.D. with 10 Years Relevant Experience)
(ME. / M.Sc. / M.S/ MBA/CA with 15 Years Relevant Experience)
(BE. / BSc. / BS / BBA with 20 Years Relevant Experience)
Sr. Financial Analyst
(Economics / Statistics / Accounting)
(Experience in Financial Modeling & Analysis)
6 (Ph.D. with 10 Years Relevant Experience) 2

(M.A / MBA/ CA with 15 Years Relevant Experience)


(BA / BBA with 20 Years Relevant Experience)
Sr. Legal Expert (Law)
(Valid Registration in PBC)
(Experience Legal Matters of Land Management and Other Implementation
Sectors)
7 2
(Ph.D. with 10 Years Relevant Experience)
(LLM with 15 Years Relevant Experience)
(LLB with 20 Years Relevant Experience)

Sr. Systems Developer (IT / Software)


(Experience in ERP Software & System Development & Implementation)

8 (Ph.D. with 10 Years Relevant Experience) 2

(M.Sc. / M.S with 15 Years Relevant Experience)


(BSc. / BS with 20 Years Relevant Experience)

Revitalization & Urban Planning Expert


(Architecture / Town Planning / City & Regional Planning)
(Valid Registration in PCATP)
9 (Experience in Architecture, Town Planning, City & Regional Planning) 2

M. Arch. / MURP / ME / M.S with 10 Years Relevant Experience


B-Arch / BE-CRP 15 Years Relevant Experience
Architect / Conservationist (Architecture / Heritage & Conservation) (Valid
Registration in PCATP) (Experience in Architecture, Heritage /
Conservation)
10 2
(M. Arch. / MURP with 10 Years Relevant Experience)
(B.Arch. / BE in CRP with 15 Years Relevant Experience)

Town Planner (Town Planning / City & Regional Planning) (Valid


Registration in PCATP)
(Experience in Architecture, Town Planning, City & Regional Planning)
11 2
(MURP with 10 Years Relevant Experience)
(BE in CRP with 15 Years Relevant Experience)
Civil Engineer (Civil / Project Management)
(Valid Registration in PEC)
(Experience in Project Management)
12 2
(ME / M.S Civil with 10 Years Relevant Experience)
(BE / BS Civil with 15 Years Relevant Experience)

(17)
Section-1: Instructions to Consultants (including Data Sheet)

Civil Engineer (Cost & Contract Specialist) (Civil)


(Valid Registration in PEC)
(Experience in Cost & Contract Mgmt &Administration)
13 2
(ME / MS with 10 Years Relevant Experience)
(BE / BS Civil with 15 Years Relevant Experience)
Civil Engineer (Structure)
(Valid Registration in PEC)
(Experience in Structure Design)
14 2
(M.E / M.S with 10 Years Relevant Experience)
(BE / BS with 15 Years Relevant Experience)
Geo Technical Engineer (Civil / Geo-Technical Engg.)
(Valid Registration in PEC)
(Experience in Geo-Technical Engineering)
15 2
(ME / M.S with 10 Years Relevant Experience)
(BE / BS with 15 Years Relevant Experience)
Disaster / Risk Management Specialist ( Social Sciences / Environmental
Sciences)
(Experience in Disaster / Risk Management)
16 2
(M.E. / M.S / MSc. with 10 Years Relevant Experience)
(BE / BS / BSc. with 15 Years Relevant Experience)

Alternate Energy Expert / Specialist (Mechanical / Electrical / Energy


Engineering) (Valid Registration in PEC)
(Experience in Alternate Energy Design / Development / Implementation)
17 2
(M.E. / M.S with 15 Years Relevant Experience)
(BE. / BS with 20 Years Relevant Experience)
Survey Engineers (Civil / Survey Engineering)
(Valid Registration in PEC)
(Experience in Topographic Surveys / Land Surveys)
18 (Minimum relevant experience of 20Years 2
(M.E. / M.S with 10 Years Relevant Experience)
(BE / BS with 15 Years Relevant Experience)

System Application & Operation Management System (IT / Software)


(Experience in Software & System Application & Management)
19 2
(M.E. / M.S / MSc./MBA IT with 10 Years Relevant Experience)
(BE / BS / BSc. with 15 Years Relevant Experience)
System Analyst / Database Engineers (IT / Software)
(Experience in System Analysis & Database Working)
20 (M.E. / M.S / MSc./MBA IT with 10 Years Relevant Experience) 2

(BE / BS / BSc. with 15 Years Relevant Experience)


Quality Assurance & Network Security Engineers (IT / Software)
(Experience in QA & Network Security)
21 (M.E. / M.S / MSc./MBA IT with 10 Years Relevant Experience) 2

(BE / BS / BSc. with 15 Years Relevant Experience)


Smart Technology Specialist (IT / Software / Electrical )
(Experience in Smart Technology Design Development & Integration with
Other Systems)
22 2
(M.E. / M.S / MSc. with 10 Years Relevant Experience)
(BE / BS / BSc. with 15 Years Relevant Experience)

(18)
Section-1: Instructions to Consultants (including Data Sheet)

Environmentalist (Environmental Sciences / Studies / Environmental


Engineering)
(Experience in Environmental Sciences / Studies / Environmental
23 Engineering) 2
(M.E. / M.S / M.Sc. with 10 Years Relevant Experience)
(BE / BS / B.Sc with 15 Years Relevant Experience)
HR Professional (Human Resource Management)
(Experience in Human Resource Management)
24 (MBA / M.S with 10 Years Relevant Experience) 1

(BBA / BS / with 15 Years Relevant Experience)


Transport Planner / Engineer (Civil / Transportation )
(Valid Registration in PEC)
25 (ME / M.S Civil with Specialization in Transportation with 10 Years 1
Relevant Experience)
(BE / BS Civil / BE Urban with 15 Years Relevant Experience)
MEP (Mechanical / Electrical / Plumbing)
(Valid Registration in PEC)
26 (ME / M.S with 10 Years Relevant Experience) 1

(BE / BS / with 15 Years Relevant Experience)


Urban Infrastructure Engineer ( Urban & Infrastructure Engineering)
(Valid Registration in PEC)
27 1
(ME / M.S / MEM with 10 Years Relevant Experience)
(BE - Civil / BE - Urban / BS with 15 Years Relevant Experience)
Total 50
Total A2

The Markings to be assigned to each of the above position shall be determined considering
the following sub-criteria

a) For Education in the respective field [50 % Marking]

b) For Relevant Experience [40% Marking]

c) For Association /Attachment with the Firm [10% Marking]

(iii) Approach & Methodology [10]

a) Technical Approach & Methodolgy: [05]


b) Work Plan & Time Schedule [05]
Total A3

(iv) Financial Capabilities [20]

a) Consultancy Turnover [10]


The number of points shall be determined considering the
following sub-criteria
Consultancy Turnover 150 Millions or Above [5 Points]
Consultancy Turnover More than 100 upto 150 Millions [4 Points]
Consultancy Turnover More than 75 upto 100 Millions [3 Points]

(19)
Section-1: Instructions to Consultants (including Data Sheet)

Consultancy Turnover More than 50 upto 75 Millions [2 Points]


Consultancy Turnover 50 Milions [1 Points]
Consultancy Turnover Less than 50 Milions [0 Points]

b) Working Capital of the Consulting Firm: [05]


The number of points shall be determined considering the
following sub-criteria
Working Capital More than 40 Millions [5 Points]
Working Capital More than 30 upto 40 Millions [4 Points]
Working Capital More than 20 upto 30 Millions [3 Points]
Working Capital More than 30 upto 40 Millions [2 Points]
Working Capital 10 Millions [1 Points]
Working Capital Less than 10 Millions [0 Points]

c) Net Worth of the Consulting Firm: [05]


The number of points shall be determined considering the
following sub-criteria
Net Worth More than 50 Millions [5 Points]
Net Worth More Than 40 upto 50 Millions [4 Points]
Net Worth More Than 30 upto 40 Millions [3 Points]
Net Worth More Than 20 upto 30 Millions [2 Points]
Net Worth 20 Millions [1 Points]
Net Worth Less than 20 Millions [0 Points]
Total 20
Total A4
Total Points (i) + (ii) + (iii) + (iv)
Total Points (20) + (50) + (10) + (20) = (100)
[100]

Total weight: 100%

The minimum Technical Score St required to pass is: 75 Points


For Joint Venture

Note: In case of a Joint venture, the combined credentials of all members will be
taken into account for scoring under the relevant criteria.

Weightage Technical = 80%


Financial = 20%

20.1 Expected date and address for contract negotiations: To be notified to succesful
consultants
24.2 Successful consultant is required to submit performance security in form of pay order,
demand draft or bank guarantee or AA Rating inssurance company : 10%
24.3 Expected date for commencement of consulting services: To be notified to the succesfull
consultant
Location of Services: Gwadar

(20)
Section-2: Technical Proposal – Standard Forms

SECTION-2: TECHNICAL PROPOSAL - STANDARD FORMS

(21)
Section-2: Technical Proposal – Standard Forms

Section 2. Technical Proposal - Standard Forms

Form TECH-1. Technical Proposal Submission Form ........................................... 21


Form TECH-2. Consultant’s Organization and Experience.................................... 22
A - Consultant’s Organization ..............................................................................22
B - Consultant’s Experience..................................................................................23
Form TECH-3. Comments and Suggestions on the Terms of Reference and
on Counterpart Staff and Facilities to be provided by the PA ... 24
A - On the Terms of Reference.......................................................................... .24
B - On Counterpart Staff and Facilities.............................................................. .25
Form TECH-4. Description of Approach, Methodology and Work Plan for
Performing the Assignment ..................................................... .26
Form TECH-5. Team Composition and Task Assignments ...................... ..........27
Form TECH-6. Curriculum Vitae (CV) for Proposed Professional Staff ........ .. 28
Form TECH-7. Staffing Schedule1................................................................... 30
Form TECH-8. Work Schedule ....................................................................... .. 31

(22)
Section-2: Technical Proposal – Standard Forms

FORM TECH-1. TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date]

To: [Name and address of PA]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in
accordance with your Request for Proposal dated [Insert Date] and our Proposal. We are hereby
submitting our Proposal, which includes this Technical Proposal, and a Financial Proposal sealed under
a separate envelop.

We are submitting our Proposal in association with: [Insert a list with full name and address of
each associated Consultant] 1

We hereby declare that all the information and statements made in this Proposal are true and
accept that any misinterpretation contained in it may lead to our disqualification.

If negotiations are held during the period of validity of the Proposal, i.e., before the date
indicated in the Data Sheet, we undertake to negotiate on the basis of the proposed staff. Our Proposal
is binding upon us and subject to the modifications resulting from Contract negotiations.

We undertake, if our Proposal is accepted, to initiate the consulting services related to the
assignment not later than the date indicated in the Data Sheet.

We understand you are not bound to accept any Proposal you receive.

We remain,
Yours sincerely,

Authorized Signature [In full and initials]:


Name and Title of Signatory:
Name of Firm:
Address:

________________
1 [Delete in case no association is foreseen.]

(23)
Section-2: Technical Proposal – Standard Forms

FORM TECH-2. CONSULTANT’S ORGANIZATION AND EXPERIENCE

A - Consultant’s Organization

[Provide here a brief (two pages) description of the background and organization of your firm/entity
and each associate for this assignment along with organogram.]

1. Firm Background:

2. Chief Executive Officer:

3. Board of Directors / Partners.

4. Departmental Structure of the Firm

5. Organogram

6. Annual Turnover supported with Financial Statements of last 3 years.

A-I

Whether your Firm is ISO Certified? If so, provide a copy of ISO Certification.

(24)
Section-2: Technical Proposal – Standard Forms

B - Consultant’s Experience

[Using the format below, provide information on each assignment for which your firm, and each
associate for this assignment, was legally contracted either individually or as a corporate entity or as
one of the major companies within an association, for carrying out consulting services similar to the
ones requested under this assignment.]

Assignment name: Approx. value of the contract (in Pak Rs.):

Country: Duration of assignment (months):


Location within country:
Name of PA: Total No of staff-months of the assignment by your
firm on the Assignment:
Address of PA: Approx. value of the Consultancy Services provided by
your firm under the contract (in Pak Rs.):
Start date (month/year): No of professional staff-months provided by associated
Completion date (month/year): Consultants:
Name of associated Consultants, if Name of senior professional staff of your firm involved
any: and functions performed (indicate most significant
profiles such as Project Director/Coordinator, Project
Manager/ Team Leader):
Narrative description of Project:

Description of actual services provided by your staff within the assignment:

1. Firm’s Name:
2. Certified by the Client / Employer that the work was successfully completed by the Consultant.

(25)
Section-2: Technical Proposal – Standard Forms

FORM TECH-3. COMMENTS AND SUGGESTIONS ON THE TERMS


OF REFERENCE AND ON COUNTERPART STAFF
AND FACILITIES TO BE PROVIDED BY THE PA

A - On the Terms of Reference

[Present and justify here any modifications or improvement to the Terms of Reference you are
proposing to improve performance in carrying out the assignment (such as deleting some activity you
consider unnecessary, or adding another, or proposing a different phasing of the activities). Such
suggestions should be concise and to the point, and incorporated in your Proposal.]

(26)
Section-2: Technical Proposal – Standard Forms

B - On Counterpart Staff and Facilities

[Comment here on counterpart staff and facilities to be provided by the PA according to the Data Sheet
including: administrative support, office space, local transportation, equipment, data, etc.]

(27)
Section-2: Technical Proposal – Standard Forms

FORM TECH-4. DESCRIPTION OF APPROACH, METHODOLOGY AND


WORK PLAN FOR PERFORMING THE ASSIGNMENT

[Technical approach, methodology and work plan are key components of the Technical Proposal. You
are suggested to present your Technical Proposal (max 50 pages, inclusive of charts and diagrams)
divided into the following three chapters:

a) Technical Approach and Methodology,


b) Work Plan, and
c) Organization and Staffing,

a) Technical Approach and Methodology. In this chapter you should explain your
understanding of the objectives of the assignment, approach to the services, methodology for carrying
out the activities and obtaining the expected output, and the degree of detail of such output. You should
highlight the problems being addressed and their importance, and explain the technical approach you
would adopt to address them. You should also explain the methodologies you propose to adopt and
highlight the compatibility of those methodologies with the proposed approach.
b) Work Plan. In this chapter you should propose the main activities of the assignment, their
content and duration, phasing and interrelations, milestones (including interim approvals by the PA),
and delivery dates of the reports. The proposed work plan should be consistent with the technical
approach and methodology, showing understanding of the TOR and ability to translate them into a
feasible working plan. A list of the final documents, including reports, drawings, and tables to be
delivered as final output, should be included here. The work plan should be consistent with the Work
Schedule of Form TECH-8.
c) Organization and Staffing. In this chapter you should propose the structure and composition
of your team. You should list the main disciplines of the assignment, the key expert responsible, and
proposed technical and support staff.]

(28)
Section-2: Technical Proposal – Standard Forms

FORM TECH-5. TEAM COMPOSITION AND TASK ASSIGNMENTS

Professional Staff

Name of Staff Firm Area of Expertise Position Assigned Task Assigned

(29)
Section-2: Technical Proposal – Standard Forms

FORM TECH-6. CURRICULUM VITAE (CV) FOR PROPOSED


PROFESSIONAL STAFF

1. Proposed Position [only one candidate shall be nominated for each position]:

2. Name of Firm [Insert name of firm proposing the staff]:

3. Name of Staff [Insert full name]:

4. Date of Birth: Nationality:

5. Education [Indicate college/university and other specialized education of staff member, giving
names of institutions, degrees obtained, and dates of obtainment]:

6. Membership of Professional Associations:

7. Other Training [Indicate significant training since degrees under 5 - Education were obtained]:

8. Countries of Work Experience: [List countries where staff has worked in the last ten years]:

9. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and
writing]:

10.Employment Record [Starting with present position, list in reverse order every employment held
by staff member since graduation, giving for each employment (see format here below): dates of
employment, name of employing organization, positions held.]:

Employer Position From To


(MM/YYYY) (MM/YYYY)

(30)
Section-2: Technical Proposal – Standard Forms

11. Detailed Tasks Assigned 12. Work Undertaken that Best Illustrates
Capability to Handle the Tasks Assigned
[List all tasks to be performed
[Among the assignments in which the staff has been
under this assignment] involved, indicate the following information for those
assignments that best illustrate staff capability to handle
the tasks listed under point 11.]

Name of assignment or project:

Year:

Location:

PA:

Main project features:

Positions held:

Activities performed:

13. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes me,
my qualifications, and my experience. I understand that any willful misstatement described herein may
lead to my disqualification or dismissal, if engaged.

Date:
[Signature of staff member or authorized representative of the staff] Day/Month/Year

Full name of authorized representative:

(31)
Section-2: Technical Proposal – Standard Forms

FORM TECH-7. STAFFING SCHEDULE

Full time input


Part time input

Year: __________

Staff input (in the form of a bar chart)2 Total staff-month input
Name of Staff
3
No Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Home Field Total
Foreign
[Home]
1
[Field]

Subtotal
Local
[Home]
1
[Field]

Subtotal
Total

1 For Professional Staff the input should be indicated individually; for Support Staff it should be indicated by category (e.g.: draftsmen, clerical staff, etc.).
2 Months are counted from the start of the assignment. For each staff indicate separately staff input for home and field work.
3 Field work means work carried out at a place other than the Consultant's home office.

(32)
Section-2: Technical Proposal – Standard Forms

FORM TECH-8. WORK SCHEDULE

Months2
N° Activity1
1 2 3 4 5 6 7 8 9 10 11 12 n
1
2
3
4
5

1 Indicate all main activities of the assignment, including delivery of reports (e.g.: vetting, bid evaluation, monthly, and final reports), and other benchmarks
such as PA approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in the form of a bar chart

(33)
Section-3: Financial Proposal - Standard Forms

SECTION-3: FINANCIAL PROPOSAL - STANDARD FORMS

(34)
Section-3: Financial Proposal - Standard Forms

Section 3. Financial Proposal - Standard Forms

[Comments in brackets [ ] provide guidance to the shortlisted Consultants for the preparation of
their Financial Proposals; they should be deleted from the Financial Proposals to be submitted.]

Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal
according to the instructions provided under para. 14.1 of Section 1. Such Forms are to be used
whichever is the selection method indicated in para. 4 of the Letter of Invitation.

Form FIN-1. Financial Proposal Submission Form


Form FIN-2. Summary of Costs
Form FIN-3. Breakdown of Costs by Activity1
Form FIN-4. Breakdown of Remuneration1
Form FIN-5. Breakdown of Reimbursable Expenses
Appendix: Financial Negotiations – Breakdown of Remuneration Rates

(35)
Section-3: Financial Proposal - Standard Forms

FORM FIN-1. FINANCIAL PROPOSAL SUBMISSION FORM

[Location, Date]

To: [Name and address of PA]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in
accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal. Our attached
Financial Proposal is for the sum of [Insert amount(s) in words and figures1].

Our Financial Proposal shall be binding upon us subject to the modifications resulting from
Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before the date indicated
in Paragraph Reference 9.1 of the Data Sheet.

Commissions and gratuities paid or to be paid by us to agents relating to this Proposal and Contract
execution, if we are awarded the Contract, are listed below²:

Name and Address of Agents Amount and Currency Purpose of Commission or Gratuity
_______________________
_______________________
_______________________

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Firm:

Address:

1 Amounts must coincide with the ones indicated under Total Cost of Financial proposal in Form FIN-2.
2 If applicable, replace this paragraph with: “No commissions or gratuities have been or are to be paid by
us to agents relating to this Proposal and Contract execution.”

(36)
Section-3: Financial Proposal - Standard Forms

FORM FIN-2. SUMMARY OF COST

Item
Costs
Indicate Local Currency

FORM FIN-4. BREAKDOWN OF REMUNERATION1 (Total Indirect Cost)


FORM FIN-5. BREAKDOWN OF REIMBURSABLE EXPENSES (Total Direct Cost)

a). Total Costs of Financial Proposal including all taxes and expenses

b). Balochistan Sales Tax

c). Grand Total (a+b)

1 Indicate the total costs in (a) above excluding Balochistan Sales Tax to be paid by the PA. However total cost in (a) will include all other taxes
such as withholding tax and stamp duties etc. Such total costs must coincide with the sum of the relevant Subtotals indicated in all Forms FIN-
3 provided with the Proposal
2 The Cost is for comparison of bids only. The staff input in man months and direct cost using rates providing in relevant form will be negotiated
and contract will be signed according to which payment to the successful consultant will be made.
3 The rates quoted in relevant forms are fixed for two years from the date of signing of the consultancy agreement.

(37)
Section-3: Financial Proposal - Standard Forms

FORM FIN-3. SUMMARY OF COST BREAKDOWN OF COSTS BY ACTIVITY

Costs
Group of Activities (Phase):2 Description:3 Pak Rupees

1 Form FIN-3 shall be filled at least for the whole assignment. In case some of the activities require different modes of billing and
payment (e.g.: the assignment is phased, and each phase has a different payment schedule), the Consultant shall fill a separate
Form FIN-3 for each group of activities. For each currency, the sum of the relevant Subtotals of all Forms FIN-3 provided must
coincide with the Total Costs of Financial Proposal indicated in Form FIN-2.

2 Names of activities (phase) should be the same as, or correspond to the ones indicated in the second column of Form TECH-8.

3 Short description of the activities whose cost breakdown is provided in this Form. If any.

(38)
Section-3: Financial Proposal - Standard Forms

FORM FIN-4. BREAKDOWN OF REMUNERATION1

FORM FIN-4. BREAKDOWN OF REMUNERATION1


(Page -1)
Input5
(Staff-months) [Indicate [Indicate [Indicate
Staff-
Foreign Foreign Foreign [Indicate Local
Sr. Position3 month
Total Currency Currency Currency Currency]6
Rate4
Staff Month Staff # 1]6 # 2]6 # 3]6
Month
1 Team Leader
Principal Architect or Principal Urban Planner / Urban Development Expert 1 24 24

2 Deputy Team Leader / Project Manager


1 24 24
(Sr. Civil Engineer)
3 Principal GIS Specialist 1 24 24
4 Principal Architect 1 24 24
5 Sr. Institutional / Capacity Building Specialist 1 12 12
6 Sr. Social Sector Specialist 1 12 12
7 Sr. PPP / BOT Mode Contract Specialist 1 12 12
8 Sr. Financial Analyst 1 12 12
9 Sr. Legal Expert (Law) 1 24 24
10 Sr. Revitalization & Urban Planning Expert 1 12 12
11 Sr. Architect ( Heritage / Conservation) 1 12 12
12 Sr. Disaster / Risk Management Specialist 1 12 12
13 Sr. Alternate Energy Expert / Specialist 1 12 12
14 Sr. Smart Technology Specialist (IT / Software / Electrical) 1 24 24
15 Sr. City Information Modeling Specialist 1 24 24
16 Sr. Environmentalist / Environment Engineer 1 12 12
17 Sr. HR Professional (Human Resource Management) 1 24 24
18 Sr. Transport Planner / Engineer (Civil / Transportation) 1 12 12
19 Sr. Civil Engineer (Civil / Project Management) 1 24 24
20 Sr. Civil Engineer (Cost & Contract Specialist) (Civil) 1 24 24
21 Sr. Civil Engineer (Structures) 1 12 12
22 Sr. Geo Technical Engineer (Civil / Geo-Technical Engg.) 1 12 12

(39)
Section-3: Financial Proposal - Standard Forms

FORM FIN-4. BREAKDOWN OF REMUNERATION1


(Page -2)

Input5
(Staff-months) [Indicate [Indicate [Indicate
Staff-
Foreign Foreign Foreign [Indicate Local
Sr. Position3 month
Total Currency Currency Currency Currency]6
Rate4
Staff Month Staff # 1]6 # 2]6 # 3]6
Month
23 Sr. Strategic Planner 1 12 12
24 Sr. Survey Engineers 1 12 12
25 Surveyors / Field Technicians 2 12 24
26 Sr. MEP Engineer 1 12 12
27 Sr. Electronic Engineer (Communication) 1 12 12
28 Sr. Water Management Specialist 1 12 12
29 Sr. Hydrologist 1 12 12
30 Sr. Geologist 1 12 12
31 Sr. Meteorologist 1 12 12
32 Sr. Town / Urban Planners 2 12 24
33 Town / Urban Planners 2 12 24
34 Sr. Architect 1 24 24
35 Architect 4 24 96
36 Civil Engineer (Structure Enginner) 1 12 12
37 Civil Engineer (Contract Specialist) 1 12 12
38 Civil Engineer (Cost Engineer) 1 12 12
39 Urban Infrastructure Engineer 1 12 12
40 Planning Engineer 1 12 12
41 CAD Draftsman 5 12 60
42 GIS Specialist / Experts 1 24 24
43 GIS Technician 1 24 24
44 Document Controller 1 24 24

(40)
Section-3: Financial Proposal - Standard Forms

FORM FIN-4. BREAKDOWN OF REMUNERATION1


(Page -3)
Input5
[Indicate [Indicate [Indicate
(Staff-months) Staff-
Foreign Foreign Foreign [Indicate Local
Sr. Position3 month
Total Currency Currency Currency Currency]6
Rate4
Staff Month Staff # 1]6 # 2]6 # 3]6
Month
45 Chief Systems Developer 1 24 24
46 System Analysts
4 8 32
(ERP / LMS / CMS / CRM) (1 each)
47 Database Engineers
4 8 32
(ERP / LMS / CMS / CRM) (1 each)
48 System Developers
4 8 32
(ERP / LMS / CMS / CRM) (2 each)
49 Quality Assurance Engineer
4 8 32
(ERP / LMS / CMS / CRM) (1 each)
50 System Tester
4 8 32
(ERP / LMS / CMS / CRM) (1 each)
51 Chief Operations & Management Systems 1 24 24
52 System Analysts 3 8 24
53 Database Engineers 2 10 20
54 System Developers 3 14 42
55 Quality Assurance Engineer 2 14 28
56 System Tester 3 14 42
57 Chief Application Systems for Urban Management & Public Services: 1 24 24
58 System Analysts 3 8 24
59 Database Engineers 2 10 20
60 Application Developers 3 14 42
61 Quality Assurance Engineer 2 14 28
62 System Tester 3 14 42
63 Chief Data Center and Communication System 1 24 24
64 Project Manager 2 24 48
65 Network Engineers 3 24 72
66 Network Security Engineers 2 24 48
67 Data Security Engineers 2 24 48
68 Facility Technicians 2 24 48

(41)
Section-3: Financial Proposal - Standard Forms

FORM FIN-4. BREAKDOWN OF REMUNERATION1


(Page -4)

1 Form FIN-4 shall be filled for each of the Forms FIN-3 provided.
2 Professional Staff should be indicated individually; Support Staff should be indicated per category (e.g.: draftsmen, etc).
3 Positions of Professional Staff shall coincide with the ones indicated in Form TECH-5.
4 Indicate separately staff-month rate and currency for home and field work.
5 Indicate, separately for home and field work, the total expected input of staff for carrying out the group of activities or phase indicated in the
Form.
6 Indicate between brackets the name of the foreign currency. Use the same columns and currencies of Form FIN-2. For each staff indicate the
remuneration in the column of the relevant currency, separately for home and field work. Remuneration = Staff-month Rate x Input.
7 All man-months and positions are fixed. Upwards arithmetic will be done by evaluation committee in case of discrepancy. Additional positions
and man-months may be proposed by the Applicant if required.

(42)
Section-3: Financial Proposal - Standard Forms

FORM FIN-4. BREAKDOWN OF REMUNERATION1

(This Form FIN-4 shall only be used when the Lump-Sum Form of Agreement has been included in the RFP. Information to be provided in this Form
shall only be used to establish payments to the Consultant for possible additional services requested by the Client)

Name2 Position3 Staff-month Rate4


Local Staff
[Home]
[Field]

Foreign Staff
[Home]
[Field]

1. Form FIN-4 shall be filled in for the same Professional and Support Staff listed in Form TECH-7

2. Professional Staff should be indicated individually; Support Staff should be indicated per category (e.g. Draftsmen, Clerical Staff)

3. Positions of the Professional Staff shall coincide with the ones indicated in For, TECH-5

4. Indicate separately staff month rate and currency for Home & Field Work.

(43)
Section-3: Financial Proposal - Standard Forms

FORM FIN-5. BREAKDOWN OF REIMBURSABLE EXPENSES

(This Form FIN-5 shall only be used when it is indicated in the Data Sheet that remuneration shall
be Time Based)

Group of Activities (Phase):


[Indicate [Indicate [Indicate [Indicat
Unit Qua Foreign Foreign Foreign e Local
No Description2 Unit
Cost3 ntity Currenc Currenc Currenc Curren
y # 1]4 y # 2]4 y # 3]4 cy]4
1 Per diem allowances Day 25
2 International flights Trip 10
3 Miscellaneous travel expenses Trip 10
4 Communication costs between Month
(From any place of Pakistan to Gwadar or 24
From Gwadar to Any place of Pakistan)
5 Drafting, reproduction of reports L.S. 1
6 Equipment, instruments, materials, LS NOT NOT NOT
1
supplies, etc. APPLIC APPLIC APPLIC
7 Shipment of personal effects Trip 5 ABLE ABLE ABLE
8 Use of computers, Hardware’s & Month
24
Software’s
9 Laptop Core i5 Nos 10
10 Laptop Core i7 Nos 10
11 Data Servers with Central Storage Nos 1
12 Network Equipment’s Nos. 1
13 Survey Equipment’s Set (Total Station, Set.
Prism, Rod Tripod & Level Machine 4
with Leveling Staff)
14 Laboratory tests. L.S. 1
15 Sub Agreements L.S. 1
16 Local Transportation costs Month 24
17 Office Rent, Clerical assistance Month 24
18 Local Training of GDA Staff L.S. 1
19 High Resolution Satellite Imagery Sq.
485
(1mtr Resolution) (Pre & Post Settlement) Km.
Total Costs
Note: 1. The quantities given above are maximum and GDA will not be liable to pay above than the mentioned quantities.
2. All the above-mentioned Equipment’s, Machines including Computers etc. shall be handed over to GDA after completion
of project in excellent running conditions.
1 Form FIN-5 should be filled for each of the Forms FIN-3 provided, if needed.
2 Delete items that are not applicable or add other items according to Paragraph Reference 3.6 of the Data Sheet.
3 Indicate unit cost and currency.
4 Indicate between brackets the name of the foreign currency. Use the same columns and currencies of Form FIN-2.
Indicate the cost of each reimbursable item in the column of the relevant currency. Cost = Unit Cost x Quantity.
5 Indicate route of each flight, and if the trip is one- or two-ways.
6 Only if the training is a major component of the assignment, defined as such in the TOR
7 All items provided in form FIN-5 are fixed and need to be quoted. All items not quoted will be taken as “zero” and deemed
to have been included in the overall cost. Applicants may add essential items if required at their own discretion.

(44)
Section-3: Financial Proposal - Standard Forms

FORM FIN-5. BREAKDOWN OF REIMBURSABLE EXPENSES

(This Form FIN-5 shall only be used when the Lump-Sum Form of Agreement has been included
in the RFP. Information to be provided in this Form shall only be used to establish payments to the
Consultant for possible additional services requested by the Client)

No Description2 Unit Unit Cost3


1 Per diem allowances Day
2 International flights5 Trip
3 Miscellaneous travel expenses Trip
4 Communication costs between Month
(From any place of Pakistan to Gwadar or
From Gwadar to Any place of Pakistan)
5 Drafting, reproduction of reports L.S.
6 Equipment, instruments, materials, supplies, etc. LS
7 Shipment of personal effects Trip
8 Use of computers, Hardware’s & Software’s Month
9 Laptop Core i5 Nos
10 Laptop Core i7 Nos
11 Data Servers with Central Storage Nos
12 Network Equipment’s Nos.
13 Survey Equipment’s Set (Total Station, Prism, Rod Tripod & Set.
Level Machine with Leveling Staff)
14 Laboratory tests. L.S.
15 Sub Agreements L.S.
16 Local Transportation costs Month
17 Office Rent, Clerical assistance Month
18 Local Training of GDA Staff L.S.
High Resolution Satellite Imagery (1mtr Resolution) (Pre & Sq. Km.
19
Post Settlement)
Total

1 Delete items that are not applicable or add other items according to Paragraph Reference 3.6
of the Data Sheet.
2 Indicate unit cost and currency.
3 Indicate route of each flight, and if the trip is one- or two-ways.
4 Only if the training is a major component of the assignment, defined in the TOR.
5 All items provided in form FIN-5 are fixed and need to be quoted. All items not quoted will be
taken as “zero” and deemed to have been included in the overall cost. Applicants may add
essential items if required at their own discretion.

(45)
Section-3: Financial Proposal - Standard Forms

Consultant’s Representations Regarding Costs and Charges


(Expressed in [insert name of currency])

Personnel 1 2 3 4 5 6 7 8
Away Proposed Proposed
Basic
from Fixed Rate Fixed Rate
Salary per Social
Na Posit Overhe Subt Fe Headqua per per
Working Charg
me ion ad1 otal e2 rters Working Working
Month/Da es1
Allowan Month/Day Month/Day/
y/Year
ce /Hour Hour1
Home
Office

Field

1. Expressed as percentage of 1
2. Expressed as percentage of 4

(46)
Section-4: Terms of Reference

SECTION-4: TERMS OF REFERENCE

(47)
General Conditions of Contract

Section 4: TERMS OF REFERENCE (TOR)

1. BACKGROUND

The Government of Pakistan has initiated the construction of the country’s third deep-sea port
project at Gwadar in 2002. The Phase-I of the port was completed in 2006. This mega will not
only give stimulus to the development activities in Gwadar town itself but also with the
completion of Makran Coastal Highway, M-8/N-85, New Gwadar International Airport, Free
Zone, Export Processing Zone, Industrial Park and Oil City it act as further catalyst for
development of the entire country, especially, the Coastal areas of Balochistan.

CPEC pushed Gwadar’s development forward in the shape of major projects and infrastructures
such as Gwadar free zone, East Bay Expressway and power plants, as well as the highways,
expressways, railways and optical fibers connecting Kashgar with Gwadar.

In light of the above stated parameters a need was felt for a new Smart Port City Master Plan. To
ensure that the master plan of Gwadar City is consistent with the political consensus on CPEC
and enhance cooperation on the exploitation and construction of Pakistan and China in Gwadar.
Government of China supported to undertake the task in the shape of no reimbursable assistance
balance and in localized implementation assistance mode. In May 15, 2017, CCCC-FHDI
Engineering Co., Ltd. formally signed the project contract on the master plan of Gwadar Smart
Port City with GDA. In August 14, 2017, GDA and CCCC-FHDI Engineering Co., Ltd. formally signed
the Commencement Letter. On August 23rd 2019 the Master Plan was approved by the
Governing Body.

The Gwadar Smart Port City Master Plan is aimed at developing visions and goals for urban
development based on new situations and trends, work out strategic measures by integrating
the Gwadar Port Master Plan and updating the Gwadar Master Plan, and provide guidance for
the development of Gwadar.

It contains such sections as land use planning, transport planning, infrastructure planning,
energy, technical and connectivity infrastructure planning, Socio-Economic Planning,
environment, disaster risk management, community participation and empowerment,
guarantee system development for vulnerable areas, recommendations on the development of
non-concession areas, and business development planning.

In addition, recommendations are also provided to guide the implementation and management
of the master plan as regards SED, development of the Free Port, laws on common ownership of
properties and their legal framework, the institutional framework of GDA, responsibilities of
government agencies, the city’s financial management framework, and policy interventions.

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General Conditions of Contract

The Report is an outcome of scientific analysis and research using enormous resources and close
communication and collaboration with GDA focusing key relevant issues. It is composed of 19
sections in three chapters, including the Background, Planning and Regulation chapters. The
Planning Chapter contains 12 sections to recommend development guidance and steps for
specific urban systems. The Regulation Chapter contains 5 sections to provide recommendations
on government structures, systems and policies related to the implementation and management
of the master plan.

In light of the above submitted Integrated Smart Port City Master Plan & its recommendations
and guide lines for its implementation, GDA has prepared this PCII for further work such as
detailed planning and detailed technical surveys, etc. GDA is submitting this PCII for its approval
so that further work for the implementation of prepared master plan will carried on time.

2. THE PROJECT

In light of above background and pursuance of that, Gwadar Development Authority (GDA) intends
to hire the services of Consultants for the project “Implementation of Gwadar Smart Port City
Master Plan”

3. PROJECT OBJECTIVES

The project provides major tangible and intangible benefits enumerated below;

b) To implement the Gwadar Smart Port City Master Plan as per the guide lines
provided in the Master Plan prepared by CCCC-FHDI
c) To provide all types of Detailed Technical Surveys including, topo, GIS of Entire
Planned Area of Master Plan
d) To provide different suggestions for the Restructuring of GDA.
e) To provide detail planning in the selected area in master plan & also under take
detail engineering for selected projects
f) To provide detailed planning for establishing the CBD as proposed in Master Plan
g) To prepare different documents based on implementation suggestion and
recommendation mentioned in master plan.
h) To prepare documentation formats for the different types of planning &
construction.

4. SCOPE OF WORK

TASK 1: TECHNICAL SURVEYS


The following Detailed Topographical Surveys will be required for entire old city and detailed
Physical Surveys of existing and built up area.

S. No Item Specification

1 Topography Survey Land use classification and contour mapping (spacing


5 meter). Drawing scale 1/2000

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General Conditions of Contract

4 surveyors with 6 hours per day for more than 60


2 Field Survey days for in field recording and preparing of data for
analysis and cross-verification
3 High Resolution Satellite Imagery 0.3 m resolution satellite imagery for land use
planning and management (Pre & Post Settlement)
4 As built survey of old town area Ultra-high-resolution aerial mapping of old town area
for cadaster survey
5 Capacity Building & training of Work shop/Seminar for department officials by
Government Officials consultant

Further details above stated surveys carry out by consultant and its team are given below
Task 1.1: Detailed Topographic/GIS Surveys including contour plan & Field Survey

Detailed Topographic Survey and Detailed Physical Survey for existing area / old city area / built
up area whereas the Detailed Topographic Survey shall be carried out of only old city area by using
geo-referencing, GPS and on-site ground verification by survey expert. All the observations will be
counterchecked in existing topographic survey drawings based up on if any previous record is
available. All the important features like roads, electric lines, shops, water tanks, houses, etc. will
be carried out & corrected if any discrepancy found with previous surveys record.
The scope of work includes the following.
 Carrying out topographical survey and preparation of plans (maps)
and report of the entire area/areas.
 Carrying out bench mark (GTS / any other reference bench mark) to
site/sites under survey by parallel levelling, establishing and
constructing bench mark, grid and reference pillars in the field.
 Spot level survey of the entire area/areas at specified intervals and
development of contours.
 Carrying out cross-section of canal/nallah as specified in the schedule
of quantities by taking spot levels at 5m interval or less depending
upon the site conditions.
 Furnishing all field data and drawings on CD apart from hard copies.
 Furnishing survey report as described in details in the succeeding
paragraphs is also included in the scope of work.
 The surveyor will survey all linear features nominated, typically top
and bottom of kerb, at the contract survey interval.
 The surveyor will additionally survey at least ten discrete features of
hard detail, typically square manhole covers or street furniture.
 All checked points are to be unambiguous, in that they lie on readily
located positions such as the intersection or corners of features, or
clearly marked points on the ground. They should also be selected to
be less than 50 meters from the set-up station.
 The observations will be used to determine the typical pointing error
present when checking topography and elevations, such that this error
can be eliminated when computing relative accuracies in the main
survey.
 At the start and end of each instrument set-up the checking surveyor
will observe a minimum of two other stations. The two observations
taken at the start of the set-up will be used to compute a mean
orientation for the set-up, and station mis-closures will be reported.
 Where rectangular features such as inspection covers are present in
the survey, they are to be observed using three total station points,
with a check spot elevation taken on the fourth point.

(50)
General Conditions of Contract

 Features usually shown only at 1:250 scale and above.


 Topographical Contours: Differences in elevation shall be shown by
contours and spot elevations. The area to be described shall extend at
least 3 m onto adjacent properties and completely across adjacent
streets.
 The contour interval shall not exceed 250 mm.
 In open areas, the cross-section grid shall be spaced not more than 15
meters apart, and the elevations shall be measured at each intersection
of the grid line. Also, elevations shall be measured at breaks in grades,
center line of surface, tops and inverts of structures, top of curbs, top
and bottom of slopes, walls and along flow line of ditches.
 Two permanent benchmarks shall be set on the property. Benchmark
elevations (altitude) may be referred to height above mean sea level
(MSL).
 GPS coordinates must be based on the WGS84 datum.
 The preferred coordinate format is: Degrees, minutes, seconds in the
following format:
Latitude: xx deg, xx min, xx.xxx sec N/S; Longitude: xxx deg, xx min, xx.xxx sec E/W. i.e. 05 deg,
19 min 22.000 sec N, 004 deg, 01 min, 12.000 sec W.
The following categories of topographic detail shall be surveyed:
 Permanent buildings/structures
 Temporary/mobile buildings
 Visible boundary features: walls, fences, hedges
 Roads, tracks, footways, paths
 Street furniture
 Statutory Authorities' plant and service covers where visible
 Changes of surface
 Isolated trees/wooded areas/limits of vegetation
 Pitches/recreation
 Private gardens or grounds (off-site areas)
 Water features
 Earth works
 Industrial features
 Railway features with arranged access
 Other
Where static GPS is used to establish plan control, the following criteria must be met:
 All survey control stations to be coordinated by Static GPS observations with a minimum
of twenty minutes continuous observations per station. ·
 Special attention to GDOP value (<3.5) in the field at time of observation. ·
 Static control observations should be by leap-frog method.
 Processing of GPS Control should be post processed by downloading relevant data
Independent checks should be carried out at time of processing e.g. using two
independent OS base stations to calculate co-ordinates. ·
 All raw observation data and correction data used must be supplied in format along with
all grid, correction, and adjustment parameters used.

(51)
General Conditions of Contract

 Plans shall be 11" x 17" size drawings and include: Topographic and contour maps,
Cross-sections, Plan views (Overlay on aerial or satellite photography and the Projection,
Plane Coordinate System, Property and Right-of-Way Maps Plans shall be submitted.
Digital copies of plans shall also be submitted digitally in AutoCAD (.dwg) format, and
pdf formats.

TASK II: REVITALIZATION AND URBAN PLANNING OF OLD TOWN AND


PRESERVATION OF HERITAGES
Old Town to be marked and achieve the following:
 Detailed Designing of the streetscape and master planning of the Old Gwadar Area
 Identification and signifying importance for historic landmarks
 Marking and declaring heritage sites which are to be protected and preserved.
 Market place to become a landmark to improve and maintain the historic city character
 Detailed planning and revitalization plan design & drawing
 Renovate the old town by keeping heritages protection and its renovations.
 Site Supervision of construction work on Marine Drive and Shahi Bazar of old town

TASK III: DETAILED PLANNING AND DESIGNING OF PROJECT AREA INCLUDING


CBD
Based up on above stated technical surveys and data the detailed planning work will be required on
the proposed master plan and different land use proposed for different purposes of its development.
The details of stated planning of different land use including CBD with each aspects of their
development are described below:
Task III. 1Detailed Planning and Designing of Project Area
The entire town planning will be carried out as per the guide lines of the proposed Master Plan which
will be comprises of:
 Master planning of oil City and Detail planning of Master Plan area including existing
area and Sanghar.
 Design of land use including air, water, and the infrastructure, municipal or
Transportation connection within and outside the proposed land use area.
 Detail planning for selected projects (Public Buildings not Commercial) which will
includes architecture, planning, engineering designs, BOQs, engineer’s estimates,
tenders etc.
 Detailed Planning of transportation, communications, and distribution networks etc. in
different proposed land uses in Master Plan including the old city, existing area &
Sangar housing scheme.
 Detailed planning physical layout of human settlements which includes considerations
of efficiency, sanitation, protection and use of the environment, as well as effects on
social and economic activities.
 Detailed Urban planning & its design interdisciplinary field that includes social,
engineering and design It also provide designs for streets, parks, buildings and other
urban areas as proposed in Master Plan.
 Detailed planning is also provide for the planning and development of water use and
resources, rural and agricultural land, parks and conserving areas of natural
environmental significance.
 Preparation of urban design, include governmental zoning, planning permissions, etc.
 Provide detailed planning on Public Building architecture, landscape architecture, civil
engineering, and public administration to achieve strategic, policy and sustainability
goals.

(52)
General Conditions of Contract

 Provide land-use planning, zoning, economic development, environmental planning, and


transportation planning as per the guide lines of master plan.
 Provide planning on horticulture & land scaping in different project area as suggested
in master plan
 Provide scientific, technical processes and features that are involved in planning for
land use, urban design, natural resources, transportation, and infrastructure.
 Provide Building related regulations dovetail with urban planning by governing how
cities are constructed and used from the individual level.
 Detailed Planning and designing also include:

- Water Supply Network


- Sewerage System
- Storm Water Drain & Storage
- Electrification (including Solar Power and alternate energy solutions)
- Landscaping
- Desalination Plant.
- Waste Water Treatment plant

Task III.2 Detailed Planning and Designing of Central Business District (CBD)

A central business district (CBD) is the commercial and business center of a city, often referred to
as the ‘financial district’.

This distance from the center of a city to a CBD can be due to strong preservation laws and maximum
building height restrictions that seek to preserve the historic character of the center, e.g. Paris and
Vienna. In the 21st century megacities of Asia, it is quite common for there to be several CBDs
located across an urban area.

CBD is usually the most concentrated area within the city. It has business offices, hotels, business
apartments and municipal public service facilities, but also an area with the highest land value and
development intensity. It should actively develop modern services such as finance, trade, insurance
and banking, as well as economical headquarters.
The following uses are to be planned in the area:
• High concentration of offices, banks, financial institutions, and so on.
• High density and high-rise buildings.
• High land values.
• Lack of open and/or green space.
• Department stores and high-end shops.
• Multi-storey car parks.
• Well-managed infrastructure links with other parts of the city.
• Lack of people outside of business hours and at weekends.

The detailed planning for CBD as per the guide lines of master plan will consist of:

(53)
General Conditions of Contract

a) Detailed Technical Surveys of the Proposed Area.


b) Proper zoning and planning of land use allocated for CBD as per master plan guide lines for
building structures and heights.
c) Detailed Planning & suggestions (Public Buildings) with Architectural design and drawings
of different proposed structures.
d) Proper Zoning and allocation of land use as proposed in Master plan.
e) Proper planning and architectural design for different infrastructures required for its
development. Procedures for documentation & Pre-Feasibility for some selected JV and PPP
projects.
f) Detail planning and preliminary engineering design for CBD area which will also include
water front development, master planning, preliminary engineering designs of all CBD area
infra structure, including water retaining structures. Also including cost estimates, PC 1,
tender documents, BOQs, etc.
g) Preparation of pre-feasibility studies for selected projects in CBD area. These will include
preliminary architecture, planning, engineering designs and all related documents i.e. cost
estimates, BOQs, Tender Documents, PC 1 and /or JV/PPP mode documents for the selected
projects
h) Development of different PPP/BOT/JV models for development of different commercial
ventures in CBD.
TASK IV: PREPARATION OF SED GOVERNMENT STRUCTURE IN DETAIL
INCLUDING RESTRUCTURING OF GDA
The activities for Preparation of SED Government Structure & Restructuring of GDA will be carried
as per the guide lines proposed in Master Plan. Align all organizational structure including GDA as
per recommendations of Smart Port City Master Plan or the new proposal which to be accepted by
the Department. The activities will be carried out comprises on:
• Cut down on the complexity.
• Focus on having better activity.
• Creating roles that are feasible.
• Capacity Building & Training aspects
• Reorganizing the legal, ownership, operational, or other structures for the purpose of making
it more profitable, or better organized for its present needs.
• Update detailed business plan and considerations.
• Computerization of all societies including the allottees plot registration that will be provided
by developers which NOCs issues and monitoring their development work through networking
arrangement with them.
• Prepare a land management system and suggestions for its implementation.
• Computerization facilities and capacity building for proper land management & its record
keeping
• Prepare a computer-based data system of different proposed land use areas allocated in
master plan based on technical surveys results, etc.
• Land Document of all private development projects.
• Setting up legal & law Department
TASK V: CONSULTANCY SERVICES FOR GIS PLANNING, COMPUTERIZATION,
LAND DOCUMENTATION, ETC. AND SETTING UP OF INFORMATION &
COMMUNICATION CENTER IN GDA
Task V.1: GIS (Geographic Information System) Planning Consultancy
Introduction:
The smart city concept is developing very quickly around the world, because it provides a
comprehensive digital environment that improves the efficiency and security of urban systems and

(54)
General Conditions of Contract

reinforces the involvement of citizens in urban development. This concept is based on the use of
geospatial data concerning the urban built environment, the natural environment and urban services.
The successful implementation of a smart city project requires the development of a digital system
that can manage and visualize the geospatial data in a user-friendly environment. The geographic
information system (GIS) offers advanced and user-friendly capabilities for smart city projects.
The ‘smart city’ concept aims at developing a comprehensive system that uses geospatial data to
enhance the understanding of complex urban systems and to improve the efficiency and security of
these systems. This geospatial data concerns:
(i) the urban built environment such as infrastructure, buildings and public spaces,
(ii) the natural environment such as biodiversity, green spaces, air quality, soil and water,
(iii) urban services such as transport, municipal waste, water, energy, health and education.

GIS in Smart City

The implementation of smart city projects is based on a number of steps including the construction
of the urban digital model, data collection using the sensing layer, then data analysis, interactive data
visualization and system control. GIS plays a role in these steps, which will be implemented as per
the system will be designed by consultant and equipment will be procure and installed as per IT
expert design and consultancy work will carried out for its system development as details given
below:
Design of the urban digital model

The first step in the implementation of smart city projects concerns the design of the urban digital
model that describes the components of the urban built and natural environments. GIS is generally
used for the operation of the digital model of urban ‘horizontal components’ such as urban networks,
transport facilities and natural environment, while building information modelling (BIM) is used for
the description of ‘vertical components’ such as buildings.
Develop Sensing layer
The second step in smart city projects concerns the design network of the sensing layer that transfers
urban operating data to the smart city information system. This layer includes sensors used for
monitoring urban networks and infrastructures. GIS offers the possibility to visualize the monitoring
system. It also provides the possibility to visualize real-time and historical data on GIS maps.
Modul for Data analysis
In smart city projects, GIS provides tools for (i) geospatial data analysis (distance and directional
analysis, geometrical processing, grid models), (ii) spatiotemporal analysis, (iii) spatial statistics
(spatial autocorrelation and egression), (iv) surface analysis (surface form and flow analysis,
gridding and interpolation methods) and, (v) location analysis (shortest path calculation, facility
location).which will be design and identified by consultant.
Design of Interactive data visualization
This design step will allow Interactive data visualization and users to interact with the smart city’s
components and the stakeholders in a user-friendly environment. Web applications are used to create
this interactive environment. The use of HTML popups enables users to access web-based content
such as graphics referenced by URLs. The interactive GIS graphic environment allows the
visualization of urban components and sensors maps. Users and managers can utilize these maps to
access static and dynamic data concerning urban systems as well as to update the data.
Modul for Control layer
The Control layer Modul will be designed by consultant for Data analysis of historical and real-time
data results in commands for the optimal and safe management of urban systems. These commands
are transmitted to the control layer, which includes different electronic devices such as smart valves,
pumps, motors, switches, breakers and locks.
Design of Monitoring Systems
Following monitoring system design by Consultant which will provide huge benefits to Smart City.
 Water Tracking & Monitoring
 Drainage Tracking & Monitoring
 Electrical Grid Monitoring
 Heating System Monitoring

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General Conditions of Contract

 Transport Monitoring
 Network & Communication Monitoring.

Deliverables at this Stage:


1. GIS Master Planning.
2. Implementation & Execution Strategy (Phase – Wise).
3. GIS Control Center Planning & Designing.

Task V.II Planning Consultancy on Setting Up of Information & Communication Center


(Data Center) in GDA
The smart city is a new concept to enhance the intelligence of urban planning, construction,
management and services by using new generation of information and communicate on
technologies. It includes four levels.
 Information & Communication Technology (ICT)
 Geospatial Technology
 Datacenter
 Communication Infrastructure

 Interaction between GDA and private housing scheme for data


Information & sharing/accessibility.
Communication  ICT builds a smart bridge between citizen and government where citizens
Technology can interact with the government and in return the government builds the
(ICT) city as per the choice of its citizens.
 ICT builds smart applications like E.R.P. System, Land management system
(LMS), Complaint management system (CMS) and Customer relationship
management (CRM).

Geospatial  Geospatial technologies provide the underlying foundation and ultimately


Technology the fabric upon which solutions for smart cities can be built. It provides
location information which allows pinpointing exactly on the need so that
better solution can be applied to it.

 Centralized datacenter from GDA should be centrally deployed for


Datacenter information sharing
 Due to energy shortage at Gwadar, green datacenter is proposed
 Datacenter should be constructed based on Tier 5 level
 Datacenter should be build based on primary, Disaster Recovery and Could
computing platform

 MAN (Metropolitan Area Network) should be build using fiber
Communication
technology.
Infrastructure
 Telecom operators are encouraged to build broadband network for
interaction with worldwide network.
 Network security should be implemented to secure both government
and public data . (56)

General Conditions of Contract

The Consultant will review the above stated four level of information and communication
technologies with the role of GDA, its quantum of date, etc. Consultant will identify the requirements
of GDA in ICT and provide its complete solutions. Based upon above evaluation consultant will
prepare a project document for setting of Information & Communication Center in GDA and Site
Supervision of GDA Data Center Work

TASK VI: OTHER IMPLEMENTATION & PLANNING DOCUMENTS/ACTIVITIES

The master plan also provides many guide lines for its implementation which will also be reviewed
and proper documents will be prepared for its implementation from different forums

• Suggestions on government structures as proposed in master plan (SED) and some other
suggestions e.g. change tomorrow, CDA, etc.
• Prepare financial model & identification of the projects for revenue generation according to
DHA, CDA, LDA and other departments.
• For Special Economic District (SED) prepare incentives for key industries, Tax exemption,
exchange control, administrative services.
• For Administrative frame work prepare functions responsibilities and physical boundaries of
urban functional departments.
• Prepare innovation of Land Policy
• Prepare land acquisition and joint property right in light of guidelines of master plan
• Prepare document in light of master plan recommendation on optimizing land use and
approval supervision
• Prepare document comprise of multiple ownership regulations for high rise buildings.
• Prepare document for structuring of urban planning commission, think tank and body to
regular review/ revision of master plan.
• Prepare document for legal and supervision planning as proposed in master plan
• Prepare document on planning system, such as its optimization, building control mechanism,
etc.
• Identification and finalization of key areas of urban design and selection of control factor of
major coastal area, ecological corridors and mountainous areas, major street front area, urban service
centers, and entrance area of city.
• Preparation of TOR for
 Urban Planning Commission along with key performance indicators
 Feasibility Study and Finalization of TOR for Gwadar Economic District
A detail feasibility will be made for establishing Gwadar Economic District. A detail proposal will
be prepared which will also help in formation of Gwadar Economic District in accordance to the
timelines guided by consultants and approved by the authority. Documents will be prepared to
establish Gwadar Economic District and for which a detail study including existing practices will be
made.
A detail proposal for establishing the GED along with related TOR including administrative setup
also covering financial aspects will also be covered in the documents
ii. Implementation Period

(57)
General Conditions of Contract

Twenty-Four Months
6. DELIVERABLES

The outcome will be detailed planning aspects for implementation of Gwadar Smart Port City
Master Plan prepared by CCCC-FHDI. The details of the different deliverables and their time line
is tabulated below:

Time Frame
(From
S. No Deliverables Sub Deliverables
Effectiveness of
the Contract)
1 Inception Report Inception Report 01 Month
Preparation of SED Government Structure &
Restructuring of GDA as per the guide lines
Proposals for SED Govt. proposed in Smart Port City Master Plan /
Structure in detail & Capacity Building & Training aspects / Setting
Restructuring of GDA & up legal & law Department
Preparation of Rules &
Reorganizing the legal, Ownership, Operational
Regulations and
and other structures for the purpose of making it
2 amendments in Bye 04 Months
more organized and effective.
Laws of Various
Data Digitization of all Societies including the
Departments connected
Allottees plot registration that will be provided
with SED & Training
including ERP by developers having NOCs. / Finalizing
programing. Documentation Systems / Computerization
Facilities & Capacity for proper Land
Management System and record keeping.
Preliminary Designing of the streetscape and
master planning of the Old Gwadar Area
Identification of historic landmarks and Survey
of Old Town.
Making Guidelines for Preservation and
declaring Heritage sites which are to be
Revitalization and Urban protected and preserved.
Planning of Old Town
3 07 Months
and Preservation of Preliminary planning and revitalization plan
Heritages design & drawing
Rehabilitation plan of the old town by keeping
heritages protection and its renovations.
Preparation of Tender Documents, BOQ
Estimates of Rehabilitation Works.
Site Supervision of construction work on Marine
Drive and Shahi Bazar of old town
Time Frame
(From
S. No Deliverables Sub Deliverables
Effectiveness of
the Contract)
Detail Master Planning Preliminary Design Concept Plan for all Project
4 Area including Oil City Area. 16 Months
of Project Area

(58)
General Conditions of Contract

Final Detail Master Plan of Project Area and


Master Planning of Oil City Area.
Design of Selected Public Buildings

Detail Plan of Infrastructure.


Detail Urban Design & Planning of Project Area.

Submission of final report including Zoning,


Planning Permissions, Building Codes &
Regulations.
Tender Documents, BOQs & Estimates of
selected projects i.e. Buildings & Infrastructure.

Detail Technical Surveys of the Proposed Area


of CBD.
Detail Planning including Zoning, and allocation
of land use allocated for CBD in Master Plan.
Detail Planning & Architectural Designs of
Different Proposed Structure.
Detail Planning including Zoning, and
Detail Master Planning Allocation of Land use as proposed in Master
of Central Business Plan.
Districts (CBD) Preparation of Feasibility Studies for Selected
Projects in CBD Area.
Development of Different PPP/BOT/JV Models
for Development of Different Commercial
Ventures in CBD.
Tender Documents, BOQs & Estimates of
selected projects i.e. Buildings & Infrastructure.

Detail Topographic Survey of Old City / existing


Detailed Area and Contouring of Oil city area.
Topographic/GIS Detail GIS Planning 12 Months
5 Surveys including Preparation of Contour Plan. (Carried out in
contour plan & Field different stages)
Field Survey
Survey

Time Frame
(From
S. No Deliverables Sub Deliverables
Effectiveness of
the Contract)
Consultancy Services for GIS Master Planning / Implementation & Execution
GIS planning, Strategy (Phase-Wise) / GIS Control Center Planning
Computerization, Land & Designing.
6 Documentation etc. and Consultant will identify the requirements of GDA in 21 Months
Setting up of Information & ICT and provide its complete solutions. Based upon
Communication Center study & prepare a project document for setting of
(Data Center) in GDA

(59)
General Conditions of Contract

Information & Communication Center in GDA and


Site Supervision of GDA Data Center Work

Urban planning, construction, management and


services by using new generation of information and
communicate on technologies. It includes four
levels.
• Information & Communication
Technology (ICT)
• Geospatial Technology
• Datacenter
• Communication Infrastructure
Information & Communication Technology (ICT)
Smart applications like E.R.P. System,
Land management system (LMS),
Complaint management system (CMS)
Customer relationship management (CRM). )
Suggestions on government structures as proposed in
master plan (SED) and some other suggestions e.g.
change tomorrow, CDA, etc. / Prepare financial
model & identification of the projects for revenue
generation according to DHA, CDA, LDA and other
departments. / For Special Economic District (SED)
prepare incentives for key industries, Tax exemption,
exchange control, administrative services. / For
Administrative frame work prepare functions
responsibilities and physical boundaries of urban
functional departments.
Prepare innovation of Land Policy / Prepare land
acquisition and joint property right in light of
guidelines of master plan / Prepare document in light
of master plan recommendation on optimizing land
Others Implementation use and approval supervision / Prepare document
7 comprise of multiple ownership regulations for high 23 Months
Planning Documents
rise buildings / Prepare document for structuring of
urban planning commission, think tank and body to
regular review/ revision of master plan / Prepare
document for legal and supervision planning as
proposed in master plan / Prepare document on
planning system, such as its optimization, building
control mechanism, etc. / Identification and
finalization of key areas of urban design and selection
of control factor of major coastal area, ecological
corridors and mountainous areas, major street front
area, urban service centers, and entrance area of city.
Preparation of TOR for Urban Planning Commission
along with key performance indicators & Feasibility
Study and Finalization of TOR for Gwadar Economic
District
8 Final Report Final Report 24 Months
SECTION 5 : GENERAL CONDITIONS OF CONTRACT

(60)
General Conditions of Contract

General Conditions of Contract


TABLE OF CONTENTS

1. 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 Authorised Representatives
1.7 Taxes
1.8 Leader of Joint Venture
1.9 Relation between the Parties
1.10 Headings

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
3.1.1 Standard of Performance
3.1.2 Law Governing Services
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
General Conditions of Contract

4. CONSULTANTS' PERSONNEL AND SUBCONSULTANTS


4.1 General
4.2 Description of Personnel
4.3 Approval of Personnel
4.4 Working Hours, Leave, Overtime, etc.
4.5 Removal and/or Replacement of Personnel
4.6 Resident Project Manager
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
5.6 Counterpart Personnel
6. PAYMENTS TO THE CONSULTANTS
6.1 Cost Estimates, Ceiling Amount
6.2 Remuneration and Reimbursable Direct Costs (Non-salary Costs)
6.3 Currency of Payment
6.4 Mode of Billing and Payment
6.5 Delayed Payments
6.6 Additional Services
6.7 Consultants' Entitlement to Suspend Services
7. FAIRNESS AND GOOD FAITH
7.1 Good Faith
7.2 Operation of the Contract
8. SETTLEMENT OF DISPUTES
8.1 Amicable Settlement
8.2 Dispute Settlement
9. INTEGRITY PACT
II. SPECIAL CONDITIONS OF CONTRACT
IV. APPENDICES

Appendix A- Description of the Services


Appendix B- Reporting Requirements
Appendix C- Key Personnel and Subconsultants
Appendix D- Breakdown of Contract Prices in Foreign Currency
Appendix E- Breakdown of Contract Prices in Local Currency
Appendix F- Services and Facilities to be Provided by the Client
and Counterpart Personnel to be Made Available to the
Consultants by the Client.
Appendix G- Integrity Pact
General Conditions of Contract

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;

(e) "GC" means these General Conditions of Contract;

(f) "Government" means the Government of the Islamic Republic of Pakistan;

(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;
General Conditions of Contract

(k) "Personnel" means persons hired by the Consultants or by any Subconsultant as


employees and assigned to the performance of the Services or any part thereof;

(l) "SC" means the Special Conditions of Contract by which the GC are amended
or supplemented;

(m) "Services" means the work to be performed by the Consultants pursuant to this
Contract, as described in Appendix A;

(n) "Subconsultant" 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 Subconsultant; and

(p) "Project" means the work specified in SC for which engineering consultancy
services are desired.

1.2 Law Governing the Contract


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 Authorised
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 Authorised
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.

1.6 Authorized Representatives


General Conditions of Contract

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 Authorised Representatives specified in the SC.
1.7 Taxes
Unless specified in the SC, the Consultants, Subconsultants, and their Personnel shall
pay such taxes, fees, and other impositions as may be levied under the Applicable Law.

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.

1.9 Relation between the Parties


Nothing contained herein shall be construed as establishing a relation of master and
servant or of principal and agent as between the Client and the Consultants. The
Consultants, subject to this Contract, have complete charge of Personnel and
Subconsultants, if any, performing the Services and shall be fully responsible for the
Services performed by them or on their behalf hereunder.

1.10 Headings
The headings shall not limit, alter or affect the meaning of this Contract.

2. COMMENCEMENT, COMPLETION, MODIFICATION,


AND TERMINATION OF CONTRACT

2.1 Effectiveness of Contract


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.

2.2 Termination of Contract for Failure to Become Effective


If this Contract has not become effective within such time period after the date of the
Contract signed by the Parties as shall be specified in the SC, either Party may, by not
less than twenty eight (28) days written notice to the other Party, declare this Contract
to be null and void, and in the event of such a declaration by either Party, neither Party
shall have any claim against the other Party except for the work (if any) already done
or costs already incurred by a Party at the request of the other Party.
2.3 Commencement of Services The Consultants shall begin carrying out the Services
at the end of such time period after the Effective Date as shall be specified in the SC.
General Conditions of Contract

2.4 Expiration of Contract


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.

The term "Completion of Services" is as specified in the SC.

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.

2.6 Extension of Time for Completion


If the scope or duration of the Services is increased:

(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 Force Majeure


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 Subconsultants 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.
General Conditions of Contract

2.7.2 No Breach of Contract


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.

2.7.3 Extension of Time


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
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.

2.8 Suspension of Payments by the Client


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

2.9.1 By the Client


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;
General Conditions of Contract

(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 8 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.

2.9.2 By the Consultants

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 8 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 8 hereof.
General Conditions of Contract

2.9.3 Cessation of Services


Upon receipt of notice of termination under Sub-Clause 2.9.1, or giving of notice of
termination under Sub-Clause 2.9.2, the Consultants shall take all necessary steps to
bring the Services to a close in a prompt and orderly manner and shall make every
reasonable effort to keep expenditures for this purpose to a minimum. With respect to
documents prepared by the Consultants, and equipment and materials furnished by the
Client, the Consultants shall proceed as provided, respectively, by Sub-Clauses 3.8 or
3.9.
2.9.4 Payment upon Termination
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.
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 8 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. OBLIGATIONS OF THE CONSULTANTS


3.1 General
3.1.1 Standard of Performance
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 Subconsultants or third parties.
3.1.2 Law Governing Services
The Consultants shall perform the Services in accordance with the Applicable Law and
shall take all practicable steps to ensure that any Subconsultants, as well as the
Personnel of the Consultants and any Subconsultants, comply with the Applicable Law.
General Conditions of Contract

3.2 Consultants Not to Benefit from Commissions, Discounts, etc.

The remuneration of the Consultants pursuant to Clause 6 shall constitute the


Consultants' sole remuneration in connection with this Contract or the Services, and the
Consultants shall not accept for their own benefit any trade commission, discount, or
similar payment in connection with activities pursuant to this Contract or to the Services
or in the discharge of their obligations under the Contract, and the Consultants shall use
their best efforts to ensure that the Personnel, any Sub consultants, and agents of either
of them similarly shall not receive any such additional remuneration.

3.3 Confidentiality

The Consultants, their Subconsultants, 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.

3.4 Liability of the Consultants

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.

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
General Conditions of Contract

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.

3.5 Other Insurances to be Taken out by the Consultants

In addition to the insurance stated in Sub-Clause 3.4 above, the Consultants shall take
out and maintain the various insurances as are specified in the SC, at the cost and
expense of the Client.

3.6 Consultants' Actions Requiring Client's Prior Approval

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 Subconsultants 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 Subconsultants
and its Personnel pursuant to this Contract;
(c) any other action that may be specified in the SC.

3.7 Reporting Obligations

The Consultants shall submit to the Client the reports and documents specified in
Appendix B in the form, in the numbers, and within the periods set forth in the said
Appendix.

2.8 Documents Prepared by the Consultants to be the Property of the Client

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.
3.9 Equipment and Materials Furnished by the Client
General Conditions of Contract

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.

3.10 Accounting, Inspection and Auditing

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.

4. CONSULTANTS' PERSONNEL AND SUBCONSULTANTS

4.1 General

The Consultants shall employ and provide such qualified and experienced Personnel
and Subconsultants as are required to carry out the Services.

4.2 Description of Personnel

(a) The title, activities of job description and estimated period of engagement in the
carrying out of the Services of each of the Consultants' Personnel are described
in Appendix C.

(b) Adjustment with respect to the estimated periods of engagement of various


salary grades of the Personnel set forth in Appendix C may be made by the
Consultants in accordance with the actual requirements of the Contract to ensure
efficient performance of the Services, provided that the aggregate of such
adjustments shall not cause payments under this Contract to exceed the ceilings
set forth in Sub-Clause 6.1(a) of this Contract.
4.3 Approval of Personnel
General Conditions of Contract

The Key Personnel and Subconsultants listed by title as well as by name in Appendix
C are deemed to be approved by the Client. In respect of other Key Personnel which
the Consultants propose to use in carrying out of the Services, the Consultants shall
submit to the Client for review and approval a copy of their biographical data. If the
Client does not object in writing (stating the reasons for the objection) within fourteen
(14) calendar days from the date of receipt of such biographical data, such Key
Personnel shall be deemed to have been approved by the Client.

4.4 Working Hours, Leave, Overtime, etc.

Working Hours for Key Personnel are set forth in Appendix-C hereto.

Except for the staff covered under reimbursable direct costs expenditure, the
Consultants' remuneration given in Appendix D and Appendix E shall be deemed to
cover paid casual leave, sick leave and earned leave. The Client will reimburse
overtime payments to eligible Personnel provided by the Consultants, in respect of
support staff and work charged staff. Any taking of leave by Personnel shall be subject
to the prior approval by the Consultants who shall ensure that absence for leave
purposes will not delay the progress and adequate supervision of the Services. Such
leave taking of the Authorised Representative of the Consultants at site, if any, shall be
preceded by the Client informed in writing.

4.5 Removal and/or Replacement of Personnel

(a) Except as the Client may otherwise agree, no changes shall be made in the Key
Personnel. If, for any reason beyond the reasonable control of the Consultants,
it becomes necessary to replace any of the Key Personnel, the Consultants shall
provide as a replacement a person of equivalent or better qualifications.

(b) If the Client; (i) finds that any of the Personnel has committed serious
misconduct or has been charged with having committed a criminal action; or
(ii) has reasonable cause to be dissatisfied with the performance of any of the
Personnel, then the Consultants shall, at the Client's written request specifying
the grounds therefor, provide as a replacement a person with qualifications and
experience acceptable to the Client.

(c) Any of the Personnel provided as a replacement under Sub-Clauses (a) and (b)
above, the rate of remuneration applicable to such person as well as any
reimbursable expenditures (including expenditures due to the number of eligible
dependents) the Consultants may wish to claim as a result of such replacement,
shall be subject to the prior written approval by the Client. Except as the Client
may otherwise agree, (i) the Consultants shall bear all additional travel and other
costs arising out of or incidental to any removal and/or replacement, and (ii) the
remuneration to be paid for any of the Personnel provided as a replacement shall
General Conditions of Contract

not exceed the remuneration which would have been payable to the Personnel
replaced.

4.6 Resident Engineer

If required by the SC, the Consultants shall ensure that at all times during the
Consultants' performance of the Services, a Resident Engineer acceptable to the Client,
shall take charge of the performance of such Services

5. OBLIGATIONS OF THE CLIENT

5.1 Assistance, Coordination and Approvals

5.1.1 Assistance

The Client shall use its best efforts to ensure that the Client shall:
(a) provide at no cost to the Consultants, Subconsultants and Personnel such
documents prepared by the Client or other consulting engineers appointed by
the Client as shall be necessary to enable the Consultants, Subconsultants or
Personnel to perform the Services. The documents and the time within which
such documents shall be made available, are as specified in the SC;
(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) provide to the Consultants, Subconsultants, and Personnel any such other
assistance and exemptions as may be specified in the SC;

(e) assist to obtain permits which may be required for right-of-way, entry upon the
lands and properties for the purposes of this Contract.

5.1.2 Co-ordination

The Client shall:


General Conditions of Contract

(a) co-ordinate and get or expedite any necessary approval and clearances relating
to the work from any Government or Semi-Government Agency, Department
or Authority, and other concerned organization named in the SC.

(b) co-ordinate with any other consultants employed by him.

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.

5.2 Access to Land

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.

5.3 Change in the Applicable Law

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 6.1 (a). Rate in the Appendix-E shall be
revised in case of revision in salary made in an organization due to statutory
Notification. Such revised rate(s) shall be applicable from the respective date(s) of
implementation of such Notification by the concerned organizations for which
necessary proof shall be provided to the Client.

5.4 Services and Facilities

The Client shall make available to the Consultants, Subconsultants 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 made to the Consultants as a result thereof pursuant to Sub-Clause 6.1(b)
hereinafter.
General Conditions of Contract

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.
5.6 Counterpart Personnel

(a) If so provided in Appendix-F hereto, the Client shall make available to the
Consultants, as and when provided in such Appendix-F, and free of charge, such
counterpart personnel to be selected by the Client, with the Consultants' advice,
as shall be specified in such Appendix-F. Counterpart personnel shall work
under the exclusive direction of the Consultants. If any member of the
counterpart personnel fails to perform adequately any work assigned to such
member by the Consultants which is consistent with the position occupied by
such member, the Consultants may request the replacement of such member,
and the Client shall not unreasonably refuse to act upon such request.

(b) If counterpart personnel are not provided by the Client to the Consultants as and
when specified in Appendix-F, the Client and the Consultants shall agree on; (i)
how the affected part of the Services shall be carried out; and (ii) the additional
payments, if any, to be made by the Client to the Consultants as a result thereof
pursuant to Sub-Clause 6.1(c) hereof.

6. PAYMENTS TO THE CONSULTANTS

6.1 Cost Estimates, Ceiling Amount

(a) An estimate of the cost of Services payable in foreign and local currencies is set
forth in Appendices D and E respectively. Except as may be otherwise agreed
under Sub-Clause 2.5 and subject to Sub-Clause 6.1 (b), payments under this
Contract shall not exceed the ceilings in foreign currency in Appendix D and in
local currency in Appendix E, excluding adjustments made under Sub-Clause
6.2(a) of the SC. The Consultants shall notify the Client as soon as cumulative
charges incurred for the Services have reached 80% of either of these ceilings.

(b) Notwithstanding Sub-Clause 6.1(a) hereof, if pursuant to any of the Sub-


Clauses 5.3, 5.4 or 6.6 hereof, the Parties shall agree that additional payments
in local and/or foreign currency, as the case may be, shall be made to the
Consultants in order to cover any necessary additional expenditures relating to
remuneration not envisaged in the cost estimates referred to in Sub-Clause
6.1(a) above, and the ceiling or ceilings, as the case may be, set forth in Sub-
Clause 6.1(a) above shall be increased by the amount or amounts, as the case
may be, of any such additional payments.
General Conditions of Contract

(c) Notwithstanding Sub-Clause 6.1(b) hereof, if pursuant to any of the Sub-


Clauses 5.3, 5.4 or 5.6 hereof, the Parties shall agree that additional payments
in local and/or foreign currency, as the case may be, shall be made to the
Consultants in order to cover any necessary additional expenditures relating to
reimbursable direct cost not envisaged in the cost estimates referred to in Sub-
Clause 6.1(a) above, the ceiling or ceilings, as the case may be, set forth in Sub-
Clause 6.1(b) above shall be increased by the amount or amounts, as the case
may be, of any such additional payments.

6.2 Remuneration and Reimbursable Direct Costs (Non-salary Costs)

(a) Subject to the ceilings specified in Sub-Clause 6.1(a) hereof, the Client shall
pay to the Consultants; (i) remuneration as set forth in Sub-Clause 6.2(b); and
(ii) reimbursable direct costs expenditure as set forth in Sub-Clause 6.2(c).
Remuneration shall be subject to price adjustment as specified in the SC.

(b) Remuneration for the Personnel shall be determined on the basis of time actually
spent by such Personnel in the performance of the Services after the date
determined in accordance with Sub-Clause SC 2.3 (including time for necessary
travel via the most direct route) at the rates referred to, and subject to such
additional provisions as are set forth in the SC.

(c) Reimbursable direct costs (non-salary costs) actually and reasonably incurred
by the Consultants in the performance of the Services. The reimbursable direct
costs expenditure shall be for the items specified in the SC.

6.3 Currency of Payment

(a) Foreign currency payment shall be made in the currency or currencies specified
as foreign currency or currencies in Appendix D, and local currency payment
shall be made in Pakistani Rupees.

(b) The SC shall specify which items of remuneration and reimbursable


expenditures shall be paid, respectively, in foreign and in local currency.
General Conditions of Contract

6.4 Mode of Billing and Payment

Billing and payments in respect of the Services shall be made as follows:

(a) To cover payments due under Sub-Clauses 6.1 and 6.2 of this Contract, the
Client shall establish a revolving fund in foreign currency and local currency
accounts, each account to be separately and distinctly maintained by the
Consultants, and shall deposit into the said accounts, amounts in the currencies
specified above as follows:

(i) Not later than thirty (30) days following the signing of Contract by both
the Parties amounts estimated to be the requirements in the respective
currencies for the three (3) months of the Services immediately
following the signing of Contract calculated on the basis of the
applicable estimates set forth in Appendices D and E.

(ii) Not later than the 15th day of each succeeding month, the amount equal
to the preceding monthly estimate in accordance with Appendices D and
E shall be recouped by the Client in the revolving fund against foreign
currency and local currency amounts.

Any bank interest accruing in a revolving fund shall be credited by the


Consultants to the Client.

(b) 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 to the Client, in duplicate, itemized statements, accompanied by copies
of receipted invoices, vouchers and other appropriate supporting materials, of
the amounts payable pursuant to Sub-Clauses 6.3 and 6.4 for such month.
Separate monthly statements shall be submitted in respect of amounts payable
in foreign currency and in local currency. Monthly statement shall distinguish
that portion of the total eligible costs which pertains to remuneration from that
portion which pertains to reimbursable direct costs expenditure.

In case of a joint venture, separate monthly statements shall be submitted in


respect of amounts payable to each Member of the joint venture of the
Consultants.

(c) The Client shall cause the payment of the Consultants' monthly statements
within twenty-eight (28) days for amounts in local currency and within fifty six
(56) days for amounts in foreign currency after the receipt by the Client of such
statements with supporting documents. Only such portion of a monthly
statement that is not satisfactorily supported may be withheld from payment.
Should any discrepancy be found to exist between actual payment and costs
authorized to be incurred by the Consultants, the Client, after seeking
clarification from the Consultants, may add or subtract the difference from any
subsequent payments.
General Conditions of Contract

(d) The final payment under this Clause shall be made only after the final report
and a final statement, identified as such, shall have been submitted by the
Consultants and approved as satisfactory by the Client. The Services shall be
deemed completed and finally accepted by the Client and the final report and
final statement shall be deemed approved by the Client as satisfactory ninety
(90) calendar days after receipt of the final report and final statement by the
Client unless the Client, within such ninety (90) days period, gives written
notice to the Consultants specifying in detail deficiencies in the Services, the
final report or final statement. The Consultants shall thereupon promptly make
any necessary corrections, and upon completion of such corrections, the
foregoing process shall be repeated. Any amount which the Client has paid or
caused to be paid in accordance with this Clause in excess of the amounts
actually payable in accordance with the provisions of this Contract shall be
reimbursed by the Consultants to the Client within thirty (30) days after receipt
by the Consultants of notice thereof. Any such claim by the Client for
reimbursement must be made within fifty six (56) days after receipt by the
Client of a final report and a final statement approved by the Client in
accordance with the above. The Client shall cause the final payment to the
Consultants within fifty six (56) days of receipt of final invoice from the
Consultants, after completion of Services finally accepted alongwith the final
report and statement of the Consultants by the Client.

(e) All payments under this Contract shall be made to the bank account of the
Consultants to be notified later.

6.5 Delayed Payments


If the Client has delayed payments beyond the period stated in paragraph (c) of Sub-
Clause 6.4, interest charges shall be paid to the Consultants for each day of delay at the
rate specified in the SC.

6.6 Additional Services


Additional Services means:

(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, the Consultants, with the prior
written authorization of the Client, shall carry out such Additional Services on the basis
of the billing rates set out in the Contract. In case for any reasons these rates and prices
are determined by both the Parties to be not applicable for said Additional Services,
then suitable billing rates and the additional time, shall be agreed upon between the
Client and the Consultants.
General Conditions of Contract

6.7 Consultants' Entitlement to Suspend Services


If the Client fails to make the payment of any of the Consultants' invoice within twenty-
eight (28) days after the expiry of the time stated in paragraph (c) of Sub-Clause 6.4,
within which payment is to be made, the Consultants may after giving not less than
twenty-eight (28) 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. FAIRNESS AND GOOD FAITH


7.1 Good Faith
The Parties undertake to act in good faith with respect to each other's rights under this
Contract and to adopt all reasonable measures to ensure the realization to the objectives
of this Contract.

7.2 Operation of the Contract


The Parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties hereby
agree that it is their intention that this Contract shall operate fairly as between them,
and without detriment to the interest of either of them, and that, if during the term of
this Contract either Party believes that this Contract is operating unfairly, the Parties
will use their best efforts to agree on such action as may be necessary to remove the
cause or causes of such unfairness, but no failure to agree on any action pursuant to this
Sub-Clause shall give rise to a dispute subject to arbitration in accordance with Clause
8 hereof.

8. SETTLEMENT OF DISPUTES

8.1 Amicable Settlement


The Parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Contract or its interpretation.

8.2 Dispute Settlement


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.
General Conditions of Contract

9. INTEGRITY PACT

9.1 If the Consultant or any of his Subconsultants, agents or servants is found to have
violated or involved in violation of the Integrity Pact signed by the Consultant as
Appendix-G to this Form of Contract, then the Client shall be entitled to:

(a) recover from the Consultant an amount equivalent to ten times the sum of any
commission, gratification, bribe, finder’s fee or kickback given by the
Consultant or any of his Subconsultant, agents or servants;

(b) terminate the Contract; and

(c) recover from the Consultant any loss or damage to the Client as a result of such
termination or of any other corrupt business practices of the Consultant or any
of his Subconsultant, agents or servants.

On termination of the Contract under Sub-Para (b) of this Sub-Clause, the Consultant
shall proceed in accordance with Sub-Clause 2.9.3. Payment upon such termination
shall be made under Sub-Clause 2.9.4 (a) after having deducted the amounts due to the
Client under Sub-Para (a) and (c) of this Sub-Clause.
Special Conditions of Contract

III. SPECIAL CONDITIONS OF CONTRACT

Clause No. Amendments of, and Supplements to, Clauses in the General Conditions of
Contract
of GC

1.1 Definitions

(f) “Government” add, Government of Balochistan also


(p) "Project" means: ___________

1.2 Authorised Representatives

The Authorised Representatives are the following:

For the Client:

For the Consultants:

1.3 Leader of Joint Venture

-----------------------------

2.1 Effectiveness of Contract

The date on which this Contract shall come into effect is the date when the Contract is
signed by both the Parties.

2.2 Termination of Contract for Failure to Become Effective

The time period shall be 60 days or such other period as the Parties may agree in writing.

2.3 Commencement of Services


The Consultants shall commence the Services within twenty-one (21) days after receipt
of Letter of Commencement issued by the Client, or such other time period as the
Parties may agree in writing.
2.4 Expiration of Contract
Special Conditions of Contract

The period of completion of Services shall be six (06) months for design phase, 18
months for supervision and 12 months for DLP from the Commencement Date of the
Services or such other period as the Parties may agree in writing. The Services are
estimated to be completed before ______.
"Completion of Services" means submission of all prescribed reports and documents
and receiving of all payments by the Consultant as stated in this Contract Agreement.

3.1 Insurance to be Taken out by the Consultants

The risks and the coverages shall be as follows:


(a) Professional liability insurance, with a minimum coverage of two times the
design fee.

(b) Third Party motor vehicle liability insurance in respect of motor vehicles
operated in Pakistan by the Consultants or their Personnel or any Subconsultants
or their Personnel, with a minimum coverage of Rs 100,000.

(b) Insurance against loss of or damage to equipment purchased in whole or in part


with funds provided under the Contract.

3.2 Documents Prepared by the Consultants to be the Property of the Client

The Client and the Consultants shall not use these documents for purposes unrelated to
this Contract without the prior written approval of the other Party.

4.1.1 Assistance

(a) The Client shall make available within fifteen (15) days from the
Commencement Date, the documents as described in Terms of Reference
(Appendix-A) from the date of request by the Consultant as per requirement of
the of the documents from time to time.
This list if warranted shall be supplemented subsequently.
(b) Other assistance and exemptions to be provided by the Client are: as per Terms
of reference (Appendix-A)
4.1.2 Coordination
(a) The departments and agencies include: All those related to the Project.
4.1.3 Approvals
The Client shall accord approval of the documents immediately but not later than
fourteen (14) days from the date of their submission by the Consultants. Delay in
approval by the Client will be consider as delay event in completion of services.

5.1 Cost Estimates, Ceilling Amount


Special Conditions of Contract

The ceiling amount in Pak Rupees is ___________/-

5.2 Remuneration and Reimbursable Direct Costs (Non-Salary Costs)

5.2(a) Payments for remuneration made in accordance with Sub-Clause 6.2(a) shall be
adjusted as follows:

(i) Remuneration paid in local currency pursuant to the billing rates agreed for each
person shall be adjusted in July of every year (and, for the first time, with effect
from the remuneration earned in July following submission of financial
proposal) by considering the following subject to maximum of prevalent CPI as
per given formula

RI = Rio x II/IIo

Where RI is the adjusted billing rate, RIo is the billing rate payable on the basis of the
agreed billing rate in local currency as on July (i.e. the year in which the Consultants
submitted its financial proposal to the Client). II is the Combined Consumer Price
Index (CPI) "General" for Government employees as published by the Federal Bureau
of Statistics, Government of Pakistan for the month of July for which the adjustment
is to have effect, and IIo is the Consumer Price Index "General" for Government
employees as published by the Federal Bureau of Statistics Government of Pakistan for
the month of July (i.e. the Year in which the Consultants submitted its financial proposal
to the Client).

5.2(b) The rates for local Personnel set forth in Appendix E, after adjustments, if any, pursuant
to Sub-Clause 6.2(a) hereof shall be used for billing purposes.

It is understood that the remuneration rates shall cover salary and allowances as the
Consultants shall have agreed to pay to the Personnel as well as factors for social
charges and overhead based on the Consultants' average cost as represented by the
financial statements of Consultants' latest three fiscal years and fee of the Consultants.

The remuneration rates have been agreed upon based on the representations made by
the Consultants during finalization of this Contract with respect to the Consultants' costs
and charges as referred above as such representations are evidenced by the form
"Breakdown of Agreed Fixed Rates in Consultants' Contract".

Remuneration for periods of less than one month shall be calculated on hourly basis for
the time spent by the Head Office staff or Project Office staff and directly attributable
to the Services (one hour being equivalent to 1/170 of a month) and on calendar day
Special Conditions of Contract

basis for time spent by the Site Office staff (one day being equivalent to 1/30th of a
month).

5.2(c) Reimbursable Direct Costs (Non Salary Costs)

Refer to Appendix ---

6.1 Currency of Payment

6.1(a) Currency of payment is Pak Rupees.

6.2 Mode of Billing and Payment Schedule


Payments shall be made according to the following schedule as per work done:

Payment Payment
Percentages as Percentages as
S. No Deliverables Sub Deliverables per Sub per
Deliverables in Deliverables in
%age %age
1 Inception Report Inception Report 8 8
Preparation of SED Government
Structure 2

Restructuring of GDA as per the


guide lines proposed in Smart Port
City Master Plan / Capacity Building 2
Proposals for SED Govt. & Training aspects / Setting up legal
Structure in detail & & law Department
Restructuring of GDA & Reorganizing the legal, Ownership,
Preparation of Rules & Operational and other structures for
3
2 Regulations and amendments in the purpose of making it more 10
Bye Laws of Various organized and effective.
Departments connected with SED Data Digitization of all Societies
& Training including ERP including the Allottees plot
programing. registration that will be provided by
developers having NOCs. /
Finalizing Documentation Systems / 3
Computerization Facilities &
Capacity for proper Land
Management System and record
keeping.
Detailed Designing of old city and
its street scaping. 3
Revitalization and Urban Identification of historic landmarks
3 Planning of Old Town and 2 15
and Survey of Old Town.
Preservation of Heritages Making Guidelines for Preservation
and declaring Heritage sites which 2
are to be protected and preserved.
Special Conditions of Contract

Preliminary planning and


2
revitalization plan design & drawing
Rehabilitation plan of the old town
by keeping heritages protection and 2
its renovations.
Preparation of Tender Documents,
BOQ Estimates of Rehabilitation 2
Works.
Site Supervision of construction
work on Marine Drive and Shahi 2
Bazar of old town
Preliminary Design Concept Plan
for all Project Area including Oil 2
City Area.
Final Detail Master Plan of Project
Area and Master Planning of Oil 2
City Area.
Design of Selected Public Buildings 1
Detail Master Planning of Project Detail Plan of Infrastructure. 1 10
Area Detail Urban Design & Planning of
1
Project Area.
Submission of final report including
Zoning, Planning Permissions, 2
Building Codes & Regulations.
Tender Documents, BOQs &
Estimates of selected projects i.e. 1
Buildings & Infrastructure.
Detail Technical Surveys of the
2
4 Proposed Area of CBD.
Detail Planning including Zoning,
and allocation of land use allocated 2
for CBD in Master Plan.
Detail Planning & Architectural
Designs of Different Proposed 1
Structure.
Detail Planning including Zoning,
Detail Master Planning of and Allocation of Land use as 1
10
Central Business Districts (CBD) proposed in Master Plan.
Preparation of Feasibility Studies for
1
Selected Projects in CBD Area.
Development of Different
PPP/BOT/JV Models for
2
Development of Different
Commercial Ventures in CBD.
Tender Documents, BOQs &
Estimates of selected projects i.e. 1
Buildings & Infrastructure.
Detail Topographic Survey of Old
City / existing Area and Contouring 5
Detailed Topographic/GIS of Oil city area.
5 Surveys including contour plan & Detail GIS Planning 5 15
Field Survey Preparation of Contour Plan. 2.5
Field Survey 2.5
Consultancy Services for GIS GIS Master Planning /
planning, Computerization, Land Implementation & Execution
6 2 17
Documentation etc .and Setting Strategy (Phase-Wise) / GIS Control
up of Information & Center Planning & Designing.
Special Conditions of Contract

Communication Center (Data Consultant will identify the


Center) in GDA requirements of GDA in ICT and
provide its complete solutions.
Based upon study & prepare a
5
project document for setting of
Information & Communication
Center in GDA and Site Supervision
of GDA Data Center Work
Urban planning, construction,
management and services by using
new generation of information and
communicate on technologies. It
includes four levels.
2
• Information & Communication
Technology (ICT)
• Geospatial Technology
• Datacenter
• Communication Infrastructure
Information & Communication
Technology (ICT) Smart 2
applications like E.R.P. System,
Land management system (LMS), 2
Complaint management system
2
(CMS)
Customer relationship management
2
(CRM). )
Suggestions on government
structures as proposed in master plan
(SED) and some other suggestions
e.g. change tomorrow, CDA, etc. /
Prepare financial model &
identification of the projects for
revenue generation according to
DHA, CDA, LDA and other
departments. / For Special Economic 3
District (SED) prepare incentives for
key industries, Tax exemption,
exchange control, administrative
services. / For Administrative frame
work prepare functions
responsibilities and physical
boundaries of urban functional
Others Implementation Planning
7 departments. 7
Documents
Prepare innovation of Land Policy /
Prepare land acquisition and joint
property right in light of guidelines
of master plan / Prepare document in
light of master plan recommendation
on optimizing land use and approval
supervision / Prepare document
comprise of multiple ownership
3
regulations for high rise buildings /
Prepare document for structuring of
urban planning commission, think
tank and body to regular review/
revision of master plan / Prepare
document for legal and supervision
planning as proposed in master plan
/ Prepare document on planning
Special Conditions of Contract

system, such as its optimization,


building control mechanism, etc. /
Identification and finalization of key
areas of urban design and selection
of control factor of major coastal
area, ecological corridors and
mountainous areas, major street
front area, urban service centers, and
entrance area of city.

Preparation of TOR for Urban


Planning Commission along with
key performance indicators & 1
Feasibility Study and Finalization of
TOR for Gwadar Economic District
8 Final Report Final Report 8 8
Total 100 100

The accounts for local currency is:


Title of Account ___________
SWIFT Address (code) ______________
Bank Name ___________
IBAN _____________
Account Number ________

6.3 Delayed Payments

The compensation on delayed payments shall be as follows:


(i) for local currency = eight percent (8%) per annum.

7.1 Dispute Settlement


Disputes shall be settled by Complaint Redressal Committee define in BPPR or through
arbitration Act of 1940 in accordance with the following provisions:
The Arbitration shall take place in Karachi and in English language.

8.0 Priority of Documents


Special Conditions of Contract

Following is to indicate priority of documents forming part of this Contract to resolve


an ambiguity or non-clarity in the provision:

i) Contract Agreement
ii) Minutes of Contract Negotiation
iii) The Special Conditions of Contract
iv) The General Conditions of Contract
v) Appendix-A
vi) Appendix-B
vii) Appendix-C
viii) Appendix-D (NOT USED)
ix) Appendix-E
x) Appendix-F
xi) Appendix-G
Standard Forms of Contract

SECTION-6: STANDARD FORM OF CONTRACT


INCLUDING INTEGRITY PACT
Standard Forms of Contract

FORM OF CONTRACT
This CONTRACT (hereinafter called the "Contract") is made on the _____day of ____ of 2019,
between, on the one hand, --------------- (hereinafter called the "Client" which expression shall
include the successors, legal representatives and permitted assigns) and, on the other hand, ---
--------------- (hereinafter called the "Consultants" which expression shall include the
successors, legal representatives and permitted assigns).

WHEREAS

(a) the Client has requested the Consultants to provide certain consulting services as
defined in the General Conditions of Contract attached to 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;

NOW THEREFORE the Parties hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:

(a) the General Conditions of Contract;


(b) the Special Conditions of Contract;
(c) the following Appendices:
Appendix A: Terms of Reference / Description of Services
Appendix B: Reporting Requirements
Appendix C: Key Personnel and Subconsultants
Appendix D: Breakdown of Contract Price in Foreign Currency (NOT USED)
Appendix E: Breakdown of Contract Price in Local Currency
Appendix F: Services & Facilities to be Provided by the Client and Counterpart
Personnel to be Made Available to the Consultants by the Client.
Appendix G: Integrity Pact
Appendix H: Minutes of Negotiation Meeting

2. The mutual rights and obligations of the Client and the Consultants shall be as set forth
in the Contract, in particular:
Standard Forms of Contract

(a) the Consultants shall carry out the Services in accordance with the provisions
of the Contract; and
(b) the Client shall make payments to the Consultants in accordance with the
provisions 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.

For and on behalf of

_____________
Witness
Signatures___________________ Signatures ________________
Name ______________________ Name ____________________
Title ________________________ Title:
(Seal)
For and on behalf of
Witness _________________

Signatures___________________ Signatures ________________

Name: Name: __________


Title: Title: ________
(Seal)
Standard Forms of Contract

(Integrity Pact)
DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.
PAYABLE BY THE SUPPLIERS OF GOODS, SERVICES & WORKS IN
CONTRACTS WORTH RS. 10.00 MILLION OR MORE

Contract No.________________ Dated __________________


Contract Value: ________________
Contract Title: _________________
[name of Supplier] hereby declares that it has not obtained or induced the procurement of any
contract, right, interest, privilege or other obligation or benefit from Government of Pakistan (GoP)
or any administrative subdivision or agency thereof or any other entity owned or controlled by GoP
through any corrupt business practice.

Without limiting the generality of the foregoing, [name of Supplier] represents and warrants that it
has fully declared the brokerage, commission, fees etc. paid or payable to anyone and not given or
agreed to give and shall not give or agree to give to anyone within or outside Pakistan either directly
or indirectly through any natural or juridical person, including its affiliate, agent, associate, broker,
consultant, director, promoter, shareholder, sponsor or subsidiary, any commission, gratification,
bribe, finder’s fee or kickback, whether described as consultation fee or otherwise, with the object
of obtaining or inducing the procurement of a contract, right, interest, privilege or other obligation
or benefit in whatsoever form from GoP, except that which has been expressly declared pursuant
hereto.

[name of Supplier] certifies that it has made and will make full disclosure of all agreements and
arrangements with all persons in respect of or related to the transaction with GoP and has not taken
any action or will not take any action to circumvent the above declaration, representation or
warranty.

[name of Supplier] accepts full responsibility and strict liability for making any false declaration,
not making full disclosure, misrepresenting facts or taking any action likely to defeat the purpose
of this declaration, representation and warranty. It agrees that any contract, right, interest, privilege
or other obligation or benefit obtained or procured as aforesaid shall, without prejudice to any other
rights and remedies available to GoP under any law, contract or other instrument, be voidable at
the option of GoP.

Notwithstanding any rights and remedies exercised by GoP in this regard, [name of Supplier] agrees
to indemnify GoP for any loss or damage incurred by it on account of its corrupt business practices
and further pay compensation to GoP in an amount equivalent to ten time the sum of any
commission, gratification, bribe, finder’s fee or kickback given by [name of Supplier] as aforesaid
for the purpose of obtaining or inducing the procurement of any contract, right, interest, privilege
or other obligation or benefit in whatsoever form from GoP.

Name of Buyer: ……………… Name of Seller/Supplier: …………

Signature: …………………… Signature: …………………………

[Seal] [Seal]

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