Rfpdocumentmvi
Rfpdocumentmvi
Rfpdocumentmvi
Address: Room No. 350, 2nd Floor, Tughlaq House, Sindh Secretariat Building No. 2,
Kamal-Atta-Turk Road, Karachi
Website: https://transport.sindh.gov.pk/ E-mail: [email protected]
Telephone: +92 21 99211017 Fax: +92 21 99222193
2
Important Notice
This Request for Proposal document ('RFP Document') is provided to the Bidders –
individual firms or consortia as the case may be – solely for use in preparing and
submitting their Bids in connection with the Bidding Process relating to the feasibility
study and transaction advisory services for the development of motor vehicles
inspection project in Sindh under public-private partnership mode ('Assignment').
This RFP Document is being issued by the Transport & Mass Transit Department,
Government of Sindh ('Procuring Agency'), solely for use by the Bidders in
considering the Assignment in accordance with the Sindh Public Procurement Rules,
2010 ('SPP Rules').
Unless expressly specified otherwise, all capitalized terms used herein shall bear the
meaning ascribed thereto in the RFP Document.
For this Assignment, the RFP Document was prepared by the Procuring Agency and
then reviewed and approved by the Procuring Agency consultant selection committee
constituted in accordance with SPP Rules. Neither any of these entities nor their
employees, personnel, or agents make any representation (expressed or implied) or
warranties as to the accuracy or completeness of information contained herein or in
any other document made available to a Person in connection with the Assignment's
Bidding Process and the same shall have no liability for this RFP Document or any
other written or oral communication transmitted to the recipient in the course of the
recipient's evaluation of Bids. Neither any of these entities nor their employees,
personnel, agents, consultants, advisors, contractors, etc., will be liable to reimburse
or compensate the recipient for any costs, fees, damages, or expenses incurred by
the recipient in evaluating or acting upon this RFP Document or otherwise in
connection with Assignment as contemplated herein.
The Bids submitted in response to the RFP Document by any of the Bidders shall be
upon the full understanding and agreement of all terms & conditions of the RFP
Document, and such submission shall be deemed as an acceptance of all the terms
and conditions stated in the RFP Document. Any Bid submitted by a Bidder in
response to the RFP Document shall be construed based on the understanding that
the Bidder has done a complete and careful examination of the RFP Document,
including its clarification and/ or addenda and/ or corrigenda if any issued by the
Procuring Agency, and has independently verified all information received (whether
written and verbal) from Procuring Agency (including from its employees, personnel,
agents, consultants, advisors and contractors, etc.).
This RFP Document does not constitute a solicitation for transaction advisory services
or otherwise participate in the Assignment, nor shall it constitute a guarantee or
commitment in any manner on the part of the Procuring Agency that the Assignment's
Contract will be awarded. The Procuring Agency reserves its right, in its full discretion,
to modify the RFP Document and/ or the Assignment and/ or cancel the Bidding
Process at any time to the fullest extent permitted by the SPP Rules and shall not be
liable to reimburse or compensate the recipient for any costs, taxes, expenses or
damages incurred by the recipient in such an event.
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TABLE OF CONTENTS
The USP comprises feasibility with the supporting documents detailing therein the
Project's technical, financial, and legal aspects, etc., for the establishment of eight (8)
motor vehicle inspection centers (fixed and mobile centers, initially at Karachi and then
rest of the districts/ divisions of Sindh), each with a maximum of thirty-two (32) lanes,
in three (3) sequential phases with a total construction period of two years and three
months (2¼ years) and operation period of seventeen years nine months (17¾ years).
The USP Developer has proposed to establish the centers with advance technological
equipment for the vehicles' better visibility and fitness inspection checks using the
industry's best approaches to achieve the multifaceted objectives, which inter alia
include creating an enabling environment for climate-neutral action, ensuring road
safety measurements, achieving social and economic benefits, etc., as part of Project.
Initially, the Project Agency, to ascertain the Project's viability in terms of the applicable
laws, appointed a Technical Committee, which recommended engaging Consultants
to assist them throughout completing the due diligence process, i.e., initially
conducting the legal assessment and, if found viable, then undertaking financial and
technical assessment considering all the associated factors laid down under the SPP
Act, 2009, Sindh PPP Act, 2010. These recommendations were placed before the PPP
Policy Board, which approved the Procuring Agency’s request to hire the Consultants
to assess USP and, if found legally viable, conduct the Project's detailed assessment.
The Procuring Agency now invites the sealed Bids from the Eligible Bidders (individual
firms or their Consortia, as the case may be) for conducting a feasibility study and
providing transaction advisory services to undertake the Project under a public-private
partnership or any other suitable modality considering the Project's sustainability,
viability, and value for money analysis in accordance with SPP Rules ('Assignment').
The consulting scope of services concerning the Project under this Assignment
includes, but is not limited to the:
Analyze PPP options with various structuring and risk allocation matrix;
Prepare and deliver presentations and reports on the Project-related
documents before the PPP Policy Board and any other fora for seeking
necessary approvals required under SPP Act, 2009, and Sindh PPP Act, 2010;
Prepare bidding documents for bids solicitation from a private party under the
preferred PPP or any other suitable modality;
Perform the tasks described in RFP Document and proposed by the successful
Bidder in Technical Proposal while collaborating closely with the Project's key
stakeholders, mainly Procuring Agency, at all stages of Project's development.
The Bidding Procedure will be conducted through National Competitive Bidding using
the Quality and Cost Based Selection method as prescribed under Rules 15(2)(b) &
72(3) of SPP Rules and is open to all Eligible Bidders. The Contract will be awarded
to a Bidder whose Bid found as the Most Advantageous Bid, i.e., a Bid attaining the
highest combined weighted technical and financial score following the criteria set out
in the RFP Document, subject to the Competent Authority's approval.
The prospective Bidders may seek further information by obtaining the RFP Document
free of cost with effect from 19th January to 19th February 2024, either (a) physically,
by submitting a written application during office hours at the address given below or
(b) electronically, by downloading from the websites of the Procuring Agency
https://transport.sindh.gov.pk/ or https://www.pppunitsindh.gov.pk/ or SPPRA
https://ppms.pprasindh.gov.pk/PPMS/ or by sending email at [email protected].
The prospective Bidders are required to submit Bids comprising one (1) original
Technical Proposal, one (1) original Financial Proposal, and one (1) soft copy of the
Technical Proposal (USB/ DVD) containing all the supporting documents, as
applicable and identified in the RFP Document, no later than 16:30 Hrs. PST on 20th
February 2024 ('Bids Submission Deadline') at the submission address given below.
Any Bid received late due to any reason will be rejected.
The Bids (Technical Proposals only) will be opened publicly in the presence of the
Bidders' representatives, who may wish to attend on the Bids Submission Deadline at
16:45 Hrs. (PST) at the office address given below. The Bids submitted must remain
valid for ninety (90) Days effective from the Bids Submission Deadline and must be
accompanied by a bid security equivalent to 5% of the total quoted Bid Price in the
shape of a pay order/ demand draft/ bank guarantee, valid for twenty-eight (28) Days
beyond bid validity period, issued by the scheduled bank of Pakistan in favor of
'Secretary, Transport & Mass Transit Department'.
The Procuring Agency reserves the right to reject any or all Bids subject to the relevant
provisions of the SPP Rules and may cancel the Bidding Process at any time prior to
the acceptance of a Bid in terms of Rule 25 of the SPP Rules.
The address referred to above for the RFP Document issuance and bids submission is:
Table of Contents
1. Definitions ............................................................................................................. 8
2. Introduction ......................................................................................................... 13
3. Conflict of Interest............................................................................................... 14
15. Taxes.................................................................................................................. 21
1. Definitions 1.1 The following words and expressions shall have the
meanings hereby assigned to them:
1.2 The words and expressions used but not defined in the
RFP Document shall have the same meaning as
assigned to them in the Sindh Public-Private
Partnership Act, 2010, and SPP Rules, 2010, and, if not
defined there, as in the ordinary use of language.
2. Introduction 2.1 The Procuring Agency named in the Data Sheet will
select a consulting individual firm(s) (‘Bidder/
Consultant’) in accordance with the selection method
and criteria specified in the Data Sheet.
4. Fraud and 4.1 It is the Government’s policy that Consultants under the
Corruption contract(s) observe the highest standard of ethics
during the procurement and execution of such
contracts. In pursuit of this policy, the Procuring Agency
follows the instructions contained in the Rules, which
define:
9. Proposal Validity 9.1 The Data Sheet indicates Proposal validity that shall
not be more than ninety (90) Days in the case of
National Competitive Bidding (NCB) and one-hundred-
twenty (120) Days in the 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 the extension of validity of the Proposal,
Consultants may submit new staff in replacement that
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.
10. Clarification and 10.1 Consultants may request for a clarification of the
Amendment in contents of the bidding document in writing, and
RFP Documents Procuring Agency shall respond to such queries in
writing within three Calendar Days, provided they are
received at least five Days prior to the date of opening
of the Proposal. The Procuring Agency shall
communicate such a response to all parties who have
obtained the RFP document without identifying the
source of inquiry. Should the Procuring Agency deem
it necessary to amend the RFP Document as a result
of a clarification, it shall do so.
14. Financial Proposal 14.1 The Financial Proposal shall be prepared using the
attached Standard Forms (Section IV). 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 and as applicable).
Alternatively, the Consultant may provide its own list of
costs. 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.
Section II – Instructions to Consultants 21
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 the Contract unless exempted
by the relevant tax authority.
17. Proposals 17.1 From the time the Proposals are opened to the time
Evaluation the Contract is awarded, the Consultants should not
contact the Procuring Agency on any matter related to
Section II – Instructions to Consultants 22
18. Evaluation of 18.1 The evaluation committee shall evaluate the Technical
Technical Proposals on the basis of their responsiveness to the
Proposals 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.
20. Negotiations 20.1 Negotiations will be held on the date and address
indicated in the Data Sheet. The invited Consultant will,
as a pre-requisite for attendance at the negotiations,
confirm the availability of all the Professional Staff.
Failure to satisfy such requirements may result in the
Procuring Agency 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.
23. Availability of 23.1 Having selected the Consultant on the basis of, among
Professional Staff/ other things, an evaluation of the proposed
Experts Professional Staff, the Procuring Agency expects to
negotiate a Contract on the basis of the Professional
Staff named in the Proposal. Before contract
negotiations, the Procuring Agency will require
assurances that the Professional Staff will be available.
The Procuring Agency 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, if accepted by the Procuring Agency, shall
have equivalent or better qualifications and experience
than the original candidate and be submitted by the
Consultant within the period specified in the letter of
invitation to negotiate.
24. Award of Contract 24.1 After completing negotiations, if any held, the
Procuring Agency shall award the Contract to the
selected Consultant and within fifteen (15) Days of the
Contract’s signing, the 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
Section II – Instructions to Consultants 25
ITC 2.5 The Procuring Agency may provide facilities and inputs that
may include:
ITC 9.1 The Proposals must remain valid for ninety (90) days effective from
the Technical Bids’ opening date or up to 19th May 2024, whichever
is later.
ITC 9.2 The original sealed Financial Proposal must contain a bid security
equivalent to 5% of the total quoted bid price in the form of a
Deposit at Call or Pay Order or Demand Draft or a Bank
Guarantee, valid for a period of twenty-eight (28) days beyond bid
validity period, issued by a scheduled bank in Pakistan in favor of
'Secretary, Transport & Mass Transit Department'.
ITC 10.1 Clarifications may be requested not later than five Calendar Days
prior to the date of opening of bids. The address for requesting
clarifications is:
ITC 10.2 Any information deemed mandatory to extend the Bids Submission
Deadline or amend the RFP Document after its issuance and before
the Bids Submission Deadline shall be circulated through advertising
notice in newspapers and posted on SPPRA and Procuring Agency
websites per the SPP Rules. Similarly, the Procuring Agency will
communicate this information among all the prospective Bidders
following ITC Clause 10.1 above of the RFP Document.
ITC 13.1(a) Maximum number of Consortium total members shall be: Four (4)
ITC 1.1(n)
ITC 1.1(bb) In the case of a Consortium, the Technical Proposal shall be
accompanied by a certified true copy of the Consortium Agreement
that shall contain the following requirements:
ITC 13.2 The format of the Technical Proposal to be submitted is: A Full
Technical Proposal (FTP) containing all the information, including a
description of the approach, methodology, work plan for performing
the Assignment, team composition, task assignments, work
schedule, CVs of the proposed Key Professional Staff, Consultant's
organization and experience, comments on the TOR and comments
on the counterpart staff and/ or facilities.
ITC 14.1 Bidders shall quote their Bids in Pak Rupees (PKR), using standard
forms as applicable, while submitting Bids to the Procuring Agency.
ITC 16.2 Consultants must submit one original and one softcopy (scanned
ITC 16.3 copy of the original) of the Technical Proposal and one original
copy of the Financial Proposal. Each proposal must contain in a
separate and sealed envelope clearly marked with the Assignment
title and other information as provided under ITC Clause 16.3.
ITC 16.4 For Bids submission and opening purposes only, the Procuring
Agency’s address is:
ITC 18.1 Eligibility Criteria: The Bidder (individual firm or Consortium as the
ITC 13.1 case may be) must qualify the following requirements as of the Bids
ITC 6.1 Submission Deadline for further assessment (technical evaluation
ITC 2.2 and marking):
Section II – Instructions to Consultants (Bid Data Sheet) 30
ITC 18.1 Eligibility Criteria (Mandatory Documents): Bidder (in the case of
ITC 13.1 a Consortium, each member as applicable) must enclose, along with
ITC 6.1 Technical Proposal, copies of the following documents, including but
ITC 2.2 not limited to (refer to the Eligibility and Technical Evaluation Criteria
1
For eligibility of the Key Professional Staff, refer to the note (eligibility conditions) listed on page # 36 onwards
Section II – Instructions to Consultants (Bid Data Sheet) 32
ITC 19.4 The lowest evaluated Financial Proposal (Fm) is given the
maximum financial score (Sf) of 100.
The formula for determining the financial scores (Sf) of all other
Proposals is calculated as follows:
Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest
price, and “F” is the price of the Proposal under consideration.
ITC 20.1 The expected date and address for contract negotiation is 03rd
ITC 23.1 May 2024 or immediately after the issuance of the Letter of Award to
the Bidder whose bid found the Most Advantageous Bid at the
Committee Room of the Transport & Mass Transit Department, 2nd
Floor, Tughlaq House, Sindh Secretariat Building No. 2, Kamal-Atta-
Turk Road, Karachi.
ITC 24.1 The Procuring Agency shall award the procurement Contract to a
Bidder qualifying the eligibility or preliminary evaluation criteria and
attaining the highest combined technical and financial score using the
Quality & Cost Based Selection (QCBS) method – Most
Advantageous Bid.
ITC 24.2 Successful Bidder, whose bid found and declared by the Procuring
Agency as the Most Advantageous Bid, upon receiving the Letter of
Award, shall be required to furnish performance security equivalent
to 5% of the contract amount in the shape of a Bank Guarantee
valid for a period of twenty-eight (28) days beyond the specified
Contract duration, issued by a scheduled bank in Pakistan in favor of
‘Secretary, Transport & Mass Transit Department’.
ITC 24.3 The expected date for commencement of services is 13th May
2024 or immediately after the signing of the Contract by both parties.
Section II – Instructions to Consultants (Bid Data Sheet) 35
Points
Max
Sr. Sub-Criteria and Points
1. Firm’s experience (Max. Points = 1.1 General Experience (Maximum Points = 12)
50) 1.1.1 Bidder’s (in case of a Consortium, technical member) experience in developing 04
Note: standards or conducting technical due diligence or auditing compliance checks for
i. Points will be assigned only once for the industrial automation safety project with each assignment minimum contract value
same project or milestone completed by
more than one Consortium member firm.
of PKR 10 million completed during the last ten (10) years [2 points for each
Furthermore, if a milestone is completed or project]
achieved through a Consortium member
firm (for instance, a legal or financial firm), 1.1.2 Bidder’s (in case of a Consortium, legal member) experience in preparing bidding 04
the points will be assigned to that package (bid document and draft agreement) for an infrastructure development3 or
Consortium member firm only, subject to
that firm’s participation as a Consortium EPC or turnkey projects, with each assignment’s minimum contract value of PKR
member under instant procurement; 10 million or project’s minimum estimated value of PKR 1000 million completed
ii. Project(s) containing various milestones of during the last ten (10) years [2 points for each project]
a similar or varied nature under a single
project will be considered separately for
awarding the points; 1.1.3 Bidder’s (in case of a Consortium, financial member) experience in developing the 04
iii. Bidders’ experience will be considered for financial model and/ or project structuring for any infrastructure development or EPC
completed milestones of projects under or turnkey projects, with each assignment’s minimum contract value of PKR 10
public or private sector organizations unless
expressly specified otherwise; million or project’s minimum estimated value of PKR 1,000 million, completed during
iv. Bidders’ experience to the extent of PPP the last ten (10) years [2 points for each project]
projects listed in 1.2.3 & 1.2.4 will only be
considered for public sector clients, i.e., the 1.2 Relevant Experience (Maximum Points = 38)
completed milestone counterparty or client
must be a public sector organization as 1.2.1 Bidder’s (in case of a Consortium, technical members) experience in conducting 15
verified from the contract documents; feasibility study and/ or detailed design and/ or developing safety and technical
v. Scores will be awarded to a Bidder based standards relating to the vehicle fitness inspection project completed during the last
on milestones achieved for a project as
verifiable from the Bidder’s submitted ten (10) years [5.0 points for each project]
document, i.e., work orders, contract
agreement (with a clear scope of work), and 1.2.2 Bidder’s (in case of a Consortium, technical members) experience in developing or 05
completion certificate or any other
substantial evidence against the completion enforcing standards/ regulations relating to the vehicle safety and emission project
certificates; completed during the last ten (10) years [2.5 points for each project]
3
Infrastructure projects include canals, dams, power generation, sewerage, drainage, bridges, highways, motorways, communication, power, aviation, railroad, roads, waste, tourism, urban development, water, civil
works
Section II – Instructions to Consultants (Bid Data Sheet) 36
vi. For completion of projects/ assignments 1.2.3 Bidder’s (in case of a Consortium, legal member) experience in preparing bidding 09
other than the PKR, the historical exchange
rate prevailing on the completion date of the package [RFP and draft PPP concession agreement (including key performance
respective milestone will be used to convert indicators and risk sharing)] for infrastructure development project under the PPP
foreign currency into PKR, as notified by the modality, completed during the last ten (10) years [3 points for each project]
State Bank of Pakistan;
vii. For the purpose of assigning points for the
projects or assignments completed, it shall 1.2.4 Bidder’s (in case of a Consortium, financial member) experience in developing the 09
be assigned only once in the respective financial model and project structuring for infrastructure development projects under
category, i.e., either general or relevant the PPP modality, completed during the last ten (10) years [3 points for each
experience, as passing the criteria
mentioned thereunder, and project]
viii. Bidders shall attach supporting documents/
evidence of experience and indicate such
reference within the Checklist submitted
along with the Technical Proposal.
3. Financial Capability (Max. Marks 3.1 Average annual turnover of last three (3) years 03
= 3)
i. ≥ PKR 300 million 3.0 points
Note: Bidder (in the case of Consortium, each ii. ≥ PKR 200 million and < PKR 300 million 2.0 points
member as applicable) to submit audited
financial statements of the last three years. iii. ≥ PKR 100 million and < PKR 200 million 1.0 points
However, In a Consortium case, the
Consortium members' financial capability will
be considered collectively to the extent of the
given criterion.
4. Understanding of the 4.1 Understanding of the Assignment and Proposed Methodology with Work Plan 12
Assignment and Proposed containing pragmatic approaches, including those mentioned below, towards
Methodology (Max. Marks = 12) achieving the Assignment’s desired objectives and targeted milestones set in TOR
within the stipulated timelines:
i. Appreciation and clarity of the Project; 2.0 points
ii. Understanding of the Assignment’s objectives; 2.0 points
iii. Proposed quality methodology (concise, clear, and complete) for 4.0 points
undertaking the Assignment;
iv. Suggested changes with valid value additions for improvements 2.0 points
in the Assignment’s TORs;
v. Work plan and staffing schedule; 1.0 point
vi. Existing commitments, engagements, and available strength with 1.0 point
justification to complete the existing Assignment on time.
Total Points (Financial Capability plus Understanding of the Assignment and Proposed Methodology) 15
Grand Total Points (Technical Evaluation Criteria) 100
Qualifying Points 70
Note: Bidder (individual firm or Consortium) must attain at least 70 points St to qualify for the opening of its Financial Proposal.
Section II – Instructions to Consultants (Bid Data Sheet) 38
Key Professional Staff (Points Weightage Assigned to Each Individual based on Qualification and Experience)
Sr. Key Professional Maximum Weightage (Qualification 25% and Relevant Experience 75%)
Staff
1. Financial Team Qualification Relevant Experience
Weight
Weight
1.1 Financial Team CA/ CFA/ ICMA/ ACCA/ MBA 25% ≥ 15 years’ experience in infrastructure related 75%
Leader (Finance) or equivalent transaction advisory services
Bachelor in Finance/ Accounting/ BA 15% ≥ 10 years and < 15 years 60%
(Finance) or equivalent ≥ 7 years and < 10 years 40%
≥ 5 years and < 7 years 20%
1.2 Project Finance CA/ CFA/ ICMA/ ACCA/ MBA 25% ≥ 15 years’ experience in developing financial models/ 75%
Specialist (Finance) or equivalent financial structuring for infrastructure related projects
Bachelor in Finance/ Accounting/ BA 15% ≥ 10 years and < 15 years 60%
(Finance) or equivalent ≥ 7 years and < 10 years 40%
≥ 5 years and < 7 years 20%
2. Technical Team
2.1 Technical Team Master in Project Management/ Quality 25% ≥ 20 years of experience in leading or executing 75%
Leader Assurance/ Information Technology/ infrastructure and/ or IT and/ or mechanical engineering
Business Administration/ Mechanical projects; or ≥ 7 years of experience in leading vehicle
Engineering or equivalent inspection or quality checks projects
Bachelor in Project Management/ 15% ≥ 15 years and < 20 years of experience in leading or 60%
Quality Assurance/ Information executing infrastructure and/ or IT and/ or mechanical
Technology/ Business Administration/ engineering projects; or ≥ 5 years of experience in
Mechanical Engineering or equivalent leading vehicle inspection or quality checks projects
2.2 Mechanical/ Senior Master in Mechanical Engineering or 25% ≥ 20 years of experience in vehicle quality checking or 75%
Automotive equivalent safety inspection
Engineer Bachelor in Mechanical Engineering or 15% ≥ 15 years and < 20 years 60%
equivalent ≥ 10 years and < 15 years 40%
≥ 7 years and < 10 years 20%
2.3 Quality Assurance Master in Mechanical Engineering/ 25% ≥ 15 years of experience in vehicle equipment quality 75%
Manager/ Motor Social Sciences with Six Sigma Black inspection; or ≥ 7 years of experience in working vehicle
Vehicle Specialist Belt certification or equivalent fitness inspection or quality checks projects
Section II – Instructions to Consultants (Bid Data Sheet) 39
Bachelor in Mechanical Engineering/ 15% ≥ 10 years of experience in vehicle equipment quality 60%
Social Sciences with Six Sigma Green inspection; or ≥ 5 years of experience in working vehicle
Belt certification or equivalent fitness inspection or quality checks projects
2.4 Software Architect Master in Computer Science/ 25% ≥ 20 years of experience in design and/ or develop and/ 75%
Information Systems/ Software or maintain the software structure projects
Engineering or equivalent
Bachelor in Computer Science/ 15% ≥ 15 years and < 20 years 60%
Information Systems/ Software ≥ 10 years and < 15 years 40%
Engineering or equivalent ≥ 7 years and < 10 years 20%
2.5 Software Engineer Master in Computer Science/ Software 25% ≥ 20 years of experience in design and maintain/ 75%
Engineering or equivalent upgrade computer software or automation suites or
mobile applications projects
Bachelor in Computer Science/ 15% ≥ 15 years and < 20 years 60%
Software Engineering or equivalent ≥ 10 years and < 15 years 40%
≥ 7 years and < 10 years 20%
2.6 Civil Engineer Master in Civil Engineering/ 25% ≥ 20 years of experience in preparing and assessment 75%
Construction Management or of plans, schedules, budgets, and bill of quantities
equivalent relating to infrastructure development projects
Bachelor in Civil Engineering 15% ≥ 15 years and < 20 years 60%
≥ 10 years and < 15 years 40%
≥ 7 years and < 10 years 20%
2.7 Quantity Surveyor Bachelor/ B-Tech in Civil Engineering 25% ≥ 20 years of experience in preparing budget plans, 75%
category schedules, assessment of claims, estimates of
quantities, and various payments certificates relating to
infrastructure development projects
DAE in Civil Engineering 15% ≥ 15 years and < 20 years 60%
≥ 10 years and < 15 years 40%
≥ 7 years and < 10 years 20%
2.8 HSE Engineer Master in Environmental Sciences/ 25% ≥ 20 years experience in conducting environment- 75%
Social Sciences or equivalent (in case related assessment studies for infrastructure projects or
of social sciences, OSHA/ IOSH/ designing & implement safety standards and protocols
NEBOSH certification is mandatory) in any automotive sector organization
Master in Environmental Sciences/ 15% ≥ 15 years and < 20 years 60%
Social Sciences or equivalent (in case ≥ 10 years and < 15 years 40%
Section II – Instructions to Consultants (Bid Data Sheet) 40
Table of Contents
Refer to Reference Paragraph 13.2 of the Data Sheet for format of Technical Proposal
to be submitted, and/ or paragraph 13.2 of Section 2 of the RFP for Standard Forms
required and number of pages recommended.
Form TECH-4. Description of Approach, Methodology, and Work Plan for Performing
the Assignment…………………………………………………………..47
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, each sealed under a separate envelope.
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 understand you are not bound to accept any Proposal you receive.
We remain,
A. Consultant’s Organization
[Provide here a brief (preferably not more than five pages) description of the
background and organization of your firm/ entity and each associate for this
Assignment.]
Section III – Technical Proposal (Standard Forms) 44
B. Consultant’s Experience
[Using the format below, provide information on each assignment for which your firm,
and each associate for this Assignment, was legally contracted either individually or
as a corporate entity or as one of the major companies within an association, for
carrying out consulting services similar to the ones requested under this Assignment.
Use 50 pages.]
Firm’s Name:
___________________________________________________________________
Section III – Technical Proposal (Standard Forms) 45
[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. Suggested changes for
the improvement of the Assignment’s Terms of Reference as part of the Form Tech-4
may also be reflected under this section.]
Section III – Technical Proposal (Standard Forms) 46
a) Technical Approach and Methodology. In this chapter, the Bidder should explain
the understanding 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. The Bidder should highlight the problems being addressed and their
importance and explain the technical approach the Bidder would adopt to address
them. The Bidder should also explain the methodologies proposed to adopt and
highlight the compatibility of those methodologies with the proposed approach. In
addition, the Bidder shall suggest and address the following components
separately using the bullet points (mention ‘None’ against the respective heading
if no explanation or comments are required to be proposed by a Bidder):
b) Work Plan. In this chapter, the Bidder should propose the main activities of the
Assignment, their content and duration, phasing and interrelations, milestones
(including interim approvals by the Procuring Agency), and delivery dates of the
reports. The proposed work plan should be consistent with the technical approach and
methodology, showing an understanding of the TOR and the 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, the Bidder should propose the structure
and composition of the team. The Bidder should list the main disciplines of the
Assignment, the key expert responsible, and proposed technical and support staff.]
Section III – Technical Proposal (Standard Forms) 48
Professional Staff
Name of Staff Firm Area of Position Task
Expertise Assigned Assigned
Section III – Technical Proposal (Standard Forms) 49
8. Countries of Work Experience [List countries where staff has worked in the last
ten years]: ________________________________________________________
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]: ____________________________________________________
From [Year]: ___________ To [Year]: __________
Employer: ______________________________ Positions held: _______
11. Detailed Tasks Assigned [List all tasks to be performed under this Assignment]:
12. Work Undertaken that Best Illustrates Capability to Handle the Tasks
Assigned [Among the Assignments in which the staff has been involved, indicate
following information for those Assignments that illustrate staff capability to handle
tasks listed under point 11.]:
Name of Assignment or project: ________________ Year: ______________
Location: __________________________________ PA: _______________
Main project features: ________________________ Positions held: _______
Activities performed: ________________________________________________
13. Certificate
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes me, my qualifications, and my experience. I understand that any wilful
misstatement described herein may lead to my disqualification or dismissal, if
engaged.
_____________________________________________________ Date: _________
[Signature of staff member or authorized representative of the staff] Day/Month/ Year
No Name of Staff Staff Input (in the form of bar chart)5 Total Staff-Month
Input
1 2 3 4 5 6 7 8 9 10 11 12 N Home Field6 Total
Foreign
1 [Home]
[Field]
Subtotal
Local
1 [Home]
[Field]
Subtotal
Total
Full time input Part time input
4
For Professional Staff the input should be indicated individually; for Support Staff it should be indicated by category (e.g.: draftsmen, clerical staff, etc.).
5
For Months are counted from the start of the Assignment. For each staff indicate separately staff input for home and field work.
6
Field work means work carried out at a place other than the Consultant's hom/e office.
Section III – Technical Proposal (Standard Forms) 51
No Activity7 Months8
1 2 3 4 5 6 7 8 9 10 11 12 N
1
2
3
4
5
7
Indicate all main activities of the Assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other benchmarks such as Procuring Agency approvals. For phased Assignments indicate
activities, delivery of reports, and benchmarks separately for each phase.
8
Duration of activities shall be indicated in the form of a bar chart.
Section IV – Financial Proposal (Standard Forms) 52
Standard Forms
[Comments in brackets [ ] provide guidance to the 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 in accordance with ITC Clauses 13.2 & 24.1 of Section 2 of the RFP
Document.]
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 figures9].
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
9
Amounts must coincide with the ones indicated under Total Cost of Financial proposal in Form FIN-2
10
If applicable, replace this paragraph with: “No commissions or gratuities have been or are to paid by us to agents relating to
this Proposal and Contract execution.”
Section IV – Financial Proposal (Standard Forms) 54
11
The Bidder may update this form considering its own requirement; however, the payment shall be made as per the milestones
satisfactory completed and defined under the Conditions of Contract of RFP Document.
12
Total cost must be inclusive of all applicable taxes as payble by the Consultant according to law of the land. This cost shall
cover all the costs associated with performing the Assignment as detailed under the TOR. The Contract Price payments shall
be made in accordance with the Conditions of Contract available with the RFP.
Section IV – Financial Proposal (Standard Forms) 55
NOT APPLICABLE
13
Form FIN-3, if applicable, 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.
14
Names of activities (phase) should be the same as, or correspond to the ones indicated in the second column of Form TECH-8
15
Short description of the activities whose cost breakdown is provided in this Form.
16
Indicate between brackets the name of the foreign currency. use the same columns and currencies of Form FIN-2.
17
For each currency, Remuneration and Reimbursable Expenses must respectively coincide with relevant total costs indicated in Forms FIN-4, and FIN-5.
Section IV – Financial Proposal (Standard Forms) 56
Foreign Staff
[Home]
[Field]
Local
[Home]
[Field]
Total Costs
NOT APPLICABLE
18
Form FIN-4 shall be filled for each of the Forms FIN-3 provided.
19
Professional Staff should be indicated individually; Support Staff should be indicated per category (e.g.: draftsmen, clerical staff).
20
Positions of Professional Staff shall coincide with the ones indicated in Form TECH-5.
21
Indicate separately staff-month rate and currency for home and field work.
22
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.
23
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.
Section IV – Financial Proposal (Standard Forms) 57
Local Staff
[Home]
[Field]
24
Form FIN-4 shall be filled in for the same Professional and Support Staff listed in Form TECH-7.
25
Professional Staff should be indicated individually; support staff should be indicated per category (e.g. draftsmen, clerical staff).
26
Positions of the Professional Staff shall coincide with the ones indicated in Form TECH-5.
27
Indicate separately staff-month rate and currency for home and field work.
Section IV – Financial Proposal (Standard Forms) 58
NOT APPLICABLE
28
Form FIN-5 should be filled for each of the Forms FIN-3 provided, if needed.
29
Delete items that are not applicable or add other items according to Paragraph Reference 3.6 of the Data Sheet.
30
Indicate unit cost and currency.
31
Indicate between brackets the name of the foreign currency. Use the same columns and currencies of Form FIN2. Indicate the cost of each reimbursable item in the column of the relevant currency. Cost = Unit Cost
x Quantity.
32
Indicate route of each flight, and if the trip is one- or two-ways.
33
Only if the training is a major component of the Assignment, defined as such in the Data Sheet or TOR.
Section IV – Financial Proposal (Standard Forms) 59
NOT APPLICABLE
34
Delete items that are not applicable or add items according to Paragraph Reference 3.6 of the Data Sheet.
35
Indicate unit cost and currency.
36
Indicate route of each flight, and if the trip is one- or two-ways.
37
Only if the training is a major component of the Assignment, defined as such in the Data Sheet or TOR.
Section IV – Financial Proposal (Standard Forms) 60
1.1 The remuneration rates for staff are made up of salary, social costs, overheads,
fee that is profit, and any premium or allowance paid for Assignments away from
headquarters. To assist the firm in preparing financial negotiations, a Sample
Form giving a breakdown of rates is attached (no financial information should be
included in the Technical Proposal). Agreed breakdown sheets shall form part of
the negotiated contract.
1.2 The Procuring Agency is charged with the custody of funds from Government of
Sindh and is expected to exercise prudence in the expenditure of these funds.
The Procuring Agency is, therefore, concerned with the reasonableness of the
firm’s Financial Proposal, and, during negotiations, it expects to be able to review
audited financial statements backing up the firm’s remuneration rates, certified
by an independent auditor. The firm shall be prepared to disclose such audited
financial statements for the last three years, to substantiate its rates, and accept
that its proposed rates and other financial matters are subject to scrutiny. Rate
details are discussed below.
i. Salary: This is the gross regular cash salary paid to the individual in the firm’s
home office. It shall not contain any premium for work away from
headquarters or bonus.
ii. Social Costs: Social costs are the costs to the firm of staff’s non-monetary
benefits. These items include, inter alia, social security including pension,
medical and life insurance costs, and the cost of a staff member being sick
or on vacation. In this regard, the cost of leave for public holidays is not an
acceptable social cost nor is the cost of leave taken during an Assignment if
no additional staff replacement has been provided. Additional leave taken at
the end of an Assignment in accordance with the firm’s leave policy is
acceptable as a social cost.
iii. Cost of Leave: The principles of calculating the cost of total days leave per
annum as a percentage of basic salary shall normally be as follows:
It is important to note that leave can be considered a social cost only if the
Procuring Agency is not charged for the leave taken.
NOT APPLICABLE
iv. Overheads: Overhead expenses are the firm’s business costs that are not
directly related to the execution of the Assignment and shall not be
38
Where w = weekends, ph = public holidays, v = vacation, and s = sick leave.
Section IV – Financial Proposal (Standard Forms) 61
reimbursed as separate items under the contract. Typical items are home
office costs (partner’s time, nonbillable time, time of senior staff monitoring
the project, rent, support staff, research, staff training, marketing, etc.), the
cost of staff not currently employed on revenue-earning projects, taxes on
business activities and business promotion costs. During negotiations,
audited financial statements, certified as correct by an independent auditor
and supporting the last three years’ overheads, shall be available for
discussion, together with detailed lists of items making up the overheads and
the percentage by which each relates to basic salary. The Procuring Agency
does not accept an add-on margin for social charges, overhead expenses,
etc., for staff who are not permanent employees of the firm. In such case,
the firm shall be entitled only to administrative costs and fee on the monthly
payments charged for subcontracted staff.
v. Fee or Profit: The fee or profit shall be based on the sum of the salary, social
costs, and overhead. If any bonuses paid on a regular basis are listed, a
corresponding reduction in the profit element shall be expected. Fee or profit
shall not be allowed on travel or other reimbursable expenses, unless in the
latter case an unusually large amount of procurement of equipment is
required. The firm shall note that payments shall be made against an agreed
estimated payment schedule as described in the draft form of the contract.
viii. Standard rates for the particular country may be used as reference to
determine subsistence allowances.
2. Reimbursable Expenses
3.1 The Payments to the firm, including payment of any advance based on cash flow
projections covered by a Procuring Agency guarantee, shall be made according
to an agreed estimated schedule ensuring the Consultant regular payments in
local and foreign currency, as long as the services proceed as planned.
NOT APPLICABLE
Section IV – Financial Proposal (Standard Forms) 62
Sample Form
a. the basic salaries indicated in the attached table are taken from the firm’s payroll
records and reflect the current salaries of the staff members listed which have
not been raised other than within the normal annual salary increase policy as
applied to all the firm’s staff;
b. attached are true copies of the latest salary slips of the staff members listed;
c. the away from headquarters allowances indicated below are those that the
Consultants have agreed to pay for this Assignment to the staff members listed;
d. the factors listed in the attached table for social charges and overhead are based
on the firm’s average cost experiences for the latest three years as represented
by the firm’s financial statements; and
e. said factors for overhead and social charges do not include any bonuses or other
means of profit-sharing
___________________________________
[Name of Consulting Firm]
___________________________________ _____________________________
Signature of Authorized Representative Date
Name: _____________________________
Title: _____________________________
NOT APPLICABLE
Section IV – Financial Proposal (Standard Forms) 63
Personnel 1 2 3 4 5 6 7 8
Name Position Basic Salary Social Overhead Subtotal Fee40 Away from Proposed Proposed
per Working Charges39 Headquarter Fixed Rate Fixed Rate
Month/ Day/ Allowance per Working per Working
Year Month/ Day/ Month/ Day/
Hour Hour
Head Office
Field
NOT APPLICABLE
39
Expressed as percentage of 1
40
Expressed as percentage of 4
Section V – Terms of Reference 64
1. PROJECT BACKGROUND
Sindh is the third-largest province of Pakistan by total area, with an area of 140,914
km² and the second-largest province by population after Punjab, with a population of
47.89 million (2017 Census). Karachi, the financial hub of Pakistan, alone accounts
for 14.91 million people, which makes it the 12th largest city in the world.
The number of vehicles in the province is also increasing with the increasing
population rate. Most of these vehicles emit fumes much higher than the standard level
of emissions due to various factors such as vehicle age or lack of regular repairs and
maintenance. With increased air pollution, there is a need to reduce unfit vehicles on
the roads to control pollution and the accidents caused by these unfit vehicles.
Under the Provincial Vehicles Ordinance of 1965 and the Motor Vehicle Rules, 1969,
the Provincial Transport Authority, Transport & Mass Transit Department, Government
of Sindh, is responsible for inter alia controlling and regulating the private sector
transport, including vehicles fitness and certification, within the province. Currently,
vehicle fitness certification, i.e., the periodic requirement for inspection and
certification, applies only to commercial vehicles that are done by the Motor Vehicle
Examiners (MVEs) at the district levels using the traditional approaches without any
access to the technology and/ or physical equipment to measure the vehicles' fitness
appropriately that inadvertently affecting the health, safety, environment standards. As
such, there is a dire need to implement effective integrated vehicle fitness inspection
and certification applicable to all the categories and classes of vehicles in Sindh.
In this regard, the Transport & Mass Transit Department, Government of Sindh
('Procuring Agency') has received an Unsolicited Proposal ('USP') from a private
entity comprising a consortium of national and international firms ('USP Developer'),
seeking to design, finance, build, operate, maintain, and transfer a motor vehicle
inspection project under public-private partnership mode in terms of Rule 15(A) of the
SPP Rules ('Project'). The USP comprises a feasibility report detailing therein the
Project's technical, financial, and legal aspects, etc., for the establishment of eight (8)
motor vehicle inspection centers41 (fixed and mobile centers, initially at Karachi and
then rest of districts/divisions of Sindh), each with a maximum of thirty-two (32) lanes,
in three (3) sequential phases with a total construction period of two years and three
months (2¼ years) and operation period of seventeen years nine months (17¾ years).
In the first phase, sixteen (16) lanes will be installed in four (4) testing centers;
Construction of the second phase will start as soon as the testing sites in the
first phase are operational. In the second phase, eight (8) more lanes will be
added within two (2) testing centers;
After eighteen (18) months from the start of construction for the first phase,
construction of the third phase will start with the installation of eight (8)
additional lanes in two (2) testing centers;
41
In each testing center, one (1) lane will be installed for Heavy Transport Vehicles (HTV), and three (3) lanes will be established
for Light Transport Vehicles (LTV) based on the vehicle population of Sindh. Although the Project targets all types of vehicles
(passenger, commercial, and motorbikes) to be inspected, the testing centers established will be used to inspect only
passenger, commercial, and public service vehicles.
Section V – Terms of Reference 66
Overall, eight (8) testing centers will be established with four (4) lanes, each
adding up to a total of thirty-two (32) lanes, bringing the construction period of
the Project to twenty-seven (27) months.
2. PROJECT CONCEPTUALIZATION
The Project had been conceived by the USP Developer, which approached the
Procuring Agency via the USP under Rule 15(A) of the SPP Rules. While unsolicited
bids are permitted under the Sindh Public Procurement Act, 2009, and the SPP Rules
framed thereunder, which prescribes a mechanism to initially ascertain the Project's
USP viability through a Technical Committee and then, subject to the Project's viability,
initiating procurement process through open competitive bidding to achieve the
competitive bid ('Best Evaluated Bid') for the Government. Under the SPP Rules, the
USP Developer will have the first right of refusal/ match in case of bidding competition
and seek other benefits, including exemption from the prequalification process.
In compliance with the SPP Rules, the Procuring Agency formulated a Technical
Committee, which recommended engaging Consultants to assist them through
completing the due diligence process, i.e., initially conducting the legal assessment
and, if found viable, then undertaking financial and technical assessment considering
all the associated factors and parameters, as applicable under the SPP Act and Sindh
PPP Act, and keeping in view the objectives for undertaking the Project's USP or
standalone basis. The Procuring Agency, through the PPP Unit of the Finance
Department, placed the Technical Committee's recommendations before the PPP
Policy Board, which approved the Procuring Agency's request to hire the Consultants
to assess USP and, if found legally viable, conduct the Project's detailed assessment.
In this regard, the Procuring Agency now invites the sealed Proposals from the Eligible
Bidders (individual firms or Consortia, as the case may be) to conduct the feasibility
study and transaction advisory services for the development of motor vehicles
inspection project under the public-private partnership mode ('Assignment') in
accordance with the SPP Rules.
The Procuring Agency is exploring various opportunities to address the public health,
safety, and environmental challenges posed by transportation in Sindh by leveraging
private sector expertise, improving infrastructure, ensuring financial sustainability, and
delivering positive social, economic, and ecological outcomes for the community.
In line with the objectives, the Procuring Agency has received a USP developed by a
private sector entity, highlighting the Project's indicative objectives mentioned below:
The Consultant/ Bidder, whose bid found and declared as the Most Advantageous Bid,
shall provide/ conduct the Assignment's feasibility study and transaction advisory
support to the Procuring Agency in the:
Review the USP objectively and independently, considering the best practices;
Structure a viable and bankable private sector concession;
Select an experienced and credible private sector developer, through a
transparent and competitive process, to undertake the Project and associated
infrastructure in a financially, technically, environmentally sustainable manner.
The Bidder will assist the Procuring Agency in structuring and implementing the
Project in a manner that achieves its objectives and provides the framework for a fair
and transparent selection process for a private developer in line with good international
industry practices and applicable rules. The Bidder (in the case of a Consortium, the
Lead Member) will perform the functions by mobilizing a team of specialized
Consultants, including financial, legal, and technical, in the Assignment's preparation
and execution.
4. ASSIGNMENT SCOPE
The Consultant shall be required to conduct the Assignment in three (3) dependent
and sequential phases. However, the Government reserves the right to terminate the
Contract at the end of any phase if it is satisfied that proceeding further will not help
achieve its objectives or other conditions stipulated in the Contract.
Given the Consultant's report, the Procuring Agency's Technical Committee shall
review it and offer its recommendations on the USP's viability to proceed ahead with
a detailed study or assessment of the Project, which shall require the Consultant to
conduct or re-assess baseline surveys/ studies/ data, review the existing and previous
relevant studies, prepare a conceptual plan while conducting feasibility assessment,
develop & evaluate/ prioritize various options to achieve objectives of Project and to
provide a clear cut way forward or recommendations to the Government, with regard
to master planning, institutional arrangement, transaction structure, financial viability
and socioeconomic & environmental viability of the proposed Project's development.
Consultants shall collect relevant data from all concerned departments, other relevant
authorities, records of ongoing litigations, and other relevant/ pertinent information
which may become useable in later stages of the work. Based on the acquired data,
prepare a detailed plan and PPP project proposal with the most preferred option for
undertaking the Project. The reports, submitted from time to time, shall also fully
capture all the information as necessary or available from the Procuring Agency in the
form of previous studies/ reports (such as pre-feasibility and/ or feasibility studies
concerning and/ or other reports concerning the vehicle fitness inspection system).
Section V – Terms of Reference 69
Specially, this phase shall include but not be limited to the following components:
4.1.1 Inception Report: The Consultant under this stage would be required to
provide a detailed work breakdown structure, schedules with timelines
along with critical milestones and methodology, team details, logistics
plans, requirements from the Procuring Agency, and anticipated issues of
initiating work for the Project. The report shall be prepared after conducting
a detailed visit of the Project's sites/ existing working environment by the
successful Bidder's Key Professional Staff. However, the Consultant shall
prepare a detailed analysis and plans for the Project's existing and
proposed facilities during the technical feasibility.
The inception report shall also contain the monthly working plan/timesheet
prepared using the Procuring Agency’s standardized reporting template,
highlighting detailed description of tasks planned, completed, challenges,
recommendations, etc., for the performance check and record purposes.
After signing the Contract, the Bidder shall submit such a report at the start
of each month during the Contract as condition for payments release by the
Procuring Agency.
III. Review of Planned Facility & Whole Life Cycle Cost Estimates
V. Preliminary Review for the Fatal Flaw in the Project Documents (draft
Concession Agreement/ Head of Terms), including
o Review and identify any gaps in the technical bankability aspects of the
draft Concession Agreement, including proposed performance/ output
indicators, responsibilities, and risk allocation between the private entity
and the Procuring Agency;
o Review the Project implementation plan, if or as available, especially
regarding its robustness, proposed construction completion period, and
segregation of Project milestones.
o What laws, rules, and regulations (thoroughly examining case laws and
statutes) will be involved in the Project implementation and draft laws,
rules, or regulations, if required, or otherwise any exemption required
by the Government?
Section V – Terms of Reference 71
4.1.3 Technical Feasibility Study: This shall require the Consultant to conduct
the activities, which include but are not limited to the following:
o Recommend the most favorable and suitable option for vehicle fitness
inspection test;
o Propose modular development so the required interventions may be
considered in terms of those that are considered essential. A
comparative evaluation of all facility development options, including the
'Do-Minimum scenario', where applicable, be carried out for each such
alternative, considering operational, engineering, and other factors;
o Prepare and submit a detailed technical viability report of the Project.
Technical viability assessment should comply with the technical
requirements as applicable under the regulatory standards and policy
directives for the respective sector and should cover the following:
- Project's design and output requirements, including major works and
structures for each option;
- Minimum performance standards and specifications;
- Cost estimate (for each development alternative that identifies all
major elements, including engineering, environmental mitigation,
service diversion, accommodation works, land, and resettlement);
- Operational & maintenance costs should be determined for each
element of the alternative technical solutions;
- Project lifecycle costs, including service requirements (scope and
minimum characteristics of verifiable preliminary output
specifications; requirements for an effective performance evaluation
system that will create adequate and effective incentives during the
life of the concession);
o Advise on requirements, as applicable, about the service handover to
the Procuring Agency at the end of the concession.
o Financial Model:
- Develop financial models of the Project covering projected revenues
and cost estimates of construction/ development (EPC), non-EPC,
interest during construction and operations & maintenance cost
estimates over the life of the Project;
- Must cover the entire term of the proposed concession agreement;
Section V – Terms of Reference 73
o Project Risks:
- Identify the project risks;
- Make an assessment of each risk;
- Allocation of each risk to the party that can best able to manage it;
- Develop risk matrix;
- Comment on project viability under PPP modality;
o Economic Analysis:
- Thorough analysis of the viability of the proposed Project, including
a complete economic analysis, identifying economic risks associated
with the Project and undertaking sensitivity and risk analysis;
- Value for Money analysis based on public sector comparator model;
- Comprehensive economic cost-benefit analysis,
- Identify contingent costs and risks;
- Economic IRR;
- Economic NPV;
- Sensitivity and scenario analysis with impact on payback and IRR.
o Demand-Supply Analysis
- Conduct demand and affordability analysis.
4.2. Phase II – Bid Management: If the Procuring Agency decides to proceed with
Phase II, the Consultant shall be required to perform functions including, but not limited
to, the following:
4.2.1 Marketing and Bidding Document: The Consultant shall be required to:
and direct agreement and any other agreements required for the Project in
compliance with the procurement laws, regulations, policy and international
best practice;
IX. Develop and finalize evaluation criteria and the terms of the bid documents;
X. Assist the Procuring Agency in preparing, population, hosting, and
managing an online data room to the preparation, population, hosting, and
management of an online data room to facilitate bidders' due diligence,
including drafting procedures governing the use of the data room.
4.2.2 Bidding Process: The Consultant shall be require to assist the Procuring
Agency:
4.3. Phase III – Transactions Negotiations & Financial Closure: This phase shall
include, but not be limited to, the following:
I. Review and provide feedback on the draft financing term sheet and assess
compliance with the Concession Agreement and other procurement
parameters of the Project in the financing term sheet;
II. Review and finalize concession direct agreement;
III. Review and provide feedback on the fulfilment of CPs of the concession
agreement and those related to financial close;
IV. Assist the Government in achieving financial close;
The Consultant shall achieve the Assignment's milestones and deliverables in three
phases within a cumulative duration of fourteen (14) months, effective from the
Contract signing expected in the second week of May 2024. The first phase will begin
as soon as possible and will be completed within three (3) months following the
Agreement's signing. The Assignment's proposed implementation schedule with
indicative deliverables under all the phases is tabulated below:
43
Payment schedule is mentioned as a percentage (%) of the total Contract Price
Section V – Terms of Reference 78
5.2 Phase II – Bid Management (T2 = Effective from Transaction Structure & Approval)
5.2.1 Marketing and Submission of Bidding T2 + 1 Month 10%
Package
5.2.2 Submission of Bid Evaluation Reports T2 + 4 Months 5%
5.2.3 Issuance of Letters for Award of Contracts T2 + 5 Months 5%
5.3 Phase III – Transaction Negotiation(s) & Financial Closure(s) (T3 =
Effective from the Issuance of Letters for Award of Contracts)
5.3.1 Transaction negotiation and signing of T3 + 1 Month 10%
Concession(s)
5.3.2 Financial Closure(s) T3 + 6 Months 10%
Total Contract Duration 14 Months 100%
NOTE: In case the Project is found unviable or unfeasible, considering either USP or
standalone basis, during the legal viability assessment stage, as ascertained by the
Consultant or decided by the Procuring Agency, then the Procuring Agency in such a
case shall release the Consultant 15% (including 5% of the Inception Report and 5%
of the USP Preliminary Review Report) of the Contract Price by terminating the
Assignment's Contract. The Procuring Agency shall not offer any mobilization advance
to the Consultant. The Procuring Agency shall ensure the release of the payments to
the Bidder (in case of the Consortium, the Consortium respective member) within thirty
(30) Days following the payment schedule mentioned above subject to the satisfactory
completion of the respective milestones for the Project as verified and recommended
by the Procuring Agency's authorized representative(s).
Requests for clarification shall always be made in writing at least five (5) calendar days
prior to the date of opening of bids and must be addressed or sent via mail or fascimile
and e-mail (both) mentioned below:
7. RELEVANT INFROMATION
For more information relating to the Bidding Process, please keep visiting the
websites: https://transport.sindh.gov.pk/ and https://www.pppunitsindh.gov.pk/ .
Section VI – Conditions of Contract and Standard Forms 79
Table of Contents
1. General Provisions…………………………………………………………………… 81
1.1. Definitions………………………………..…………………………………………… 81
1.2. Law Governing Contract…………………………………………………………….. 82
1.3. Language.…………………………………………………………………………….. 82
1.4. Notices………………………………………………………………………………… 82
1.5. Location………………………………………..……………………………………… 83
1.6. Availability of Member in Charge…………………………………………………… 83
1.7. Authorized Representatives…………………………………………………........... 83
1.8. Taxes and Duties……………………………….……………………...................... 83
1.9. Fraud and Corruption…………………………..……………………………………. 83
1. General Provisions
1.1. Definitions 1.1.1. Unless the context otherwise requires, the following
terms whenever used in this Contract have the
following meanings:
1.2. Law Governing 1.2.1. This Contract, its meaning and interpretation, and the
Contract relation between the Parties shall be governed by the
applicable law.
1.7. Authorized 1.7.1. Any action required or permitted to be taken, and any
Representatives document required or permitted to be executed under
this Contract by the Procuring Agency or the
Consultant may be taken or executed by the officials
specified in the SC.
1.8. Taxes and Duties 1.8.1. The Consultant, Sub-Consultants, and their Personnel
shall pay such direct or indirect taxes, duties, fees, and
other impositions levied under the Applicable Law as
specified in the SC, the amount of which is deemed to
have been included in the Contract Price.
1.9. Fraud and 1.9.1. If the Procuring Agency determines that the Consultant
Corruption and/or its Personnel, sub-contractors, sub-
Consultants, services providers and suppliers has
engaged in corrupt, fraudulent, collusive, coercive, or
obstructive practices, in competing for or in executing
the Contract, then the Procuring Agency may, after
giving 14 days' notice to the Consultant, terminate the
Consultant's employment under the Contract, and may
resort to other remedies including blacklisting/
disqualification as provided in the SPP Rules.
1.1. Effectiveness of 2.1.1. This Contract shall come into effect on the date the
Contract Contract is signed by either Parties or such other later
date as may be stated in the SC. The date the Contract
comes into effect is defined as the Effective Date.
2.2. Commencement 2.2.1. The Consultant shall begin carrying out the Services
of Services not later than number of days after the Effective Date
specified in the SC.
2.5. Force Majeure 2.5.1. The failure on the part of the parties to perform their
obligation under the contract will not be considered a
default if such failure is the result of natural calamities,
disasters and circumstances beyond the control of the
parties.
3.2. Conflict of 3.2.1. The Consultant shall hold the PA's interests
Interests paramount without any consideration for future work
and strictly avoid conflict with other Assignments or
their own corporate interests.
3.3. Confidentiality 3.3.1. Except with the prior written consent of the PA, the
Consultant and the Personnel shall not at any time
communicate to any person or entity any confidential
information acquired in the course of the Services, nor
shall the Consultant and the Personnel make public
the recommendations formulated in the course of, or
as a result of, the Services.
3.4. Insurance to be 3.4.1. The Consultant (a) shall take out and maintain, and
Taken Out by the shall cause any Sub-Consultants to take out and
Consultant maintain, at their (or the Sub-Consultants', as the case
may be) own cost but on terms and conditions
approved by the PA, insurance against the risks, and
for the coverage, as shall be specified in the SC; and
(b) at the PA’s request, shall provide evidence to the
Procuring Agency showing that such insurance has
been taken out and maintained and that the current
premiums have been paid.
3.5. Consultant’s 3.5.1. The Consultant shall obtain the Procuring Agency's
Actions Requiring prior approval in writing before taking any of the
PA’s Prior following actions:
Approval
(a) entering into a subcontract for the performance
of any part of the Services;
3.6. Reporting 3.6.1. The Consultant shall submit to the Procuring Agency
Obligations the reports and documents specified in (Procuring
Agency may insert appendix) hereto, in the form, in
Section VI – Conditions of Contract and Standard Forms 89
3.8. Accounting, 3.8.1. The Consultant shall keep, and shall cause its Sub-
Inspection and Consultants to keep, accurate and systematic
Auditing accounts and records in respect of the Contract, in
accordance with internationally accepted accounting
principles and in such form and detail as will clearly
identify relevant time changes and costs.
3.8.2. The Consultant shall permit, and shall cause its Sub-
Consultants to permit, the Procuring Agency and/or
persons appointed by the Procuring Agency to inspect
its accounts and records relating to the performance of
the Contract and the submission of the Proposal to
provide the Services, and to have such accounts and
records audited by auditors appointed by the
Procuring Agency if requested by the PA. The
Consultant's attention is drawn to Clause 1.9.1 which
provides, inter alia, that acts intended to materially
impede the exercise of the PA's inspection and audit
rights provided for under Clause 3.8 constitute a
prohibited practice subject to contract termination (as
well as to a determination of ineligibility pursuant to the
PA's prevailing sanctions procedures).
4. Consultant Personnel
4.1. Description of 4.1.1. The Consultant shall employ and provide such
Personnel qualified and experienced Personnel and Sub-
Consultants as are required to carry out the Services.
The titles, agreed job descriptions, minimum
qualifications, and estimated periods of engagement in
the carrying out of the Services of the Consultant's Key
Personnel are described in Appendix C. The Key
Section VI – Conditions of Contract and Standard Forms 90
4.2. Removal and/or 4.2.1. Except as the Procuring Agency may otherwise
Replacement of agree, no changes shall be made in the Key
Personnel Personnel. If, for any reason beyond the reasonable
control of the Consultant, such as retirement, death,
medical incapacity, among others, it becomes
necessary to replace any of the Key Personnel, the
Consultant shall provide as a replacement a person of
equivalent or better qualifications.
5. Obligations of the PA
5.1. Assistance and 5.1.1. The Procuring Agency shall use its best efforts to
Exemptions ensure that the Government shall provide the
Consultant such assistance and exemptions as
specified in the SC.
5.2. Change in the 5.2.1. If, after the date of this Contract, there is any change
Applicable Law in the Applicable Law with respect to taxes and duties
Related to Taxes which increases or decreases the cost incurred by the
and Duties Consultant in performing the Services, then the
remuneration and reimbursable expenses otherwise
payable to the Consultant under this Contract shall be
increased or decreased accordingly by agreement
between the Parties, and corresponding adjustments
shall be made to the amounts referred to in Clauses
GC 6.2 (a) or (b), as the case may be.
5.3. Services and 5.3.1. The Procuring Agency shall make available free of
Facilities charge to the Consultant the Services and Facilities
listed under the Bid Data Sheet.
Section VI – Conditions of Contract and Standard Forms 91
6.1. Security 6.1.1. The Consultant has to submit the performance security
at the rate mention in SC.
6.2. Lump-Sum 6.2.1. The total payment due to the Consultant shall not
Contract exceed the Contract Price which is an all-inclusive
fixed lump-sum covering all costs required to carry out
the Services described in Appendix A. Except as
provided in Clause 5.2, the Contract Price may only be
increased above the amounts stated in Clause 6.2 if
the Parties have agreed to additional payments in
accordance with Clause 2.4.
6.3. Contract Price 6.3.1. The price payable in Pak Rupees/ foreign currency is
set forth in the SC.
6.4. Payment for 6.4.1. For purpose of determining remuneration due for
Additional additional services as may be agreed under Clause
Services 2.4, a breakdown of the lump sum price is provided in
Appendices D and E.
6.5. Terms and 6.5.1. Payments will be made to the account of the
Conditions of Consultant and according to the payment schedule
Payment stated in the SC. Unless otherwise stated in the SC,
the first payment shall be made against the provision
by the Consultant of an advance payment guarantee
for the same amount, and shall be valid for the period
stated in the SC. Such guarantee shall be in the form
set forth in Appendix G hereto, or in such other form,
as the Procuring Agency shall have approved in
writing. Any other payment shall be made after the
conditions listed in the SC for such payment have been
met, and the Consultant has submitted an invoice to
the Procuring Agency specifying the amount due.
7. Good Faith
7.1. Good Faith 7.1.1. 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 realization of
objectives of this Contract.
8. Settlement of Disputes
8.1. Amicable 8.1.1. The Parties agree that the avoidance or early
Settlement resolution of disputes is crucial for a smooth execution
of the Contract and the success of the Assignment.
The Parties shall use their best efforts to settle
Section VI – Conditions of Contract and Standard Forms 92
8.2. Dispute 8.2.1. Any dispute between the Parties as to matters arising
Resolution pursuant to this Contract that cannot be settled
amicably within thirty (30) days after receipt by one
Party of the other Party's request for such amicable
settlement may be submitted by either Party for
settlement in accordance with provisions specified in
SC.
Section VI – Conditions of Contract and Standard Forms 93
GCC Clause Amendments of, and Supplements to, Clauses in the General
Conditions of Contract
GCC 1.1.1(a) The Applicable Procurement Law is: Sindh Public Procurement
Act and Sindh Public Procurement Rules (as prevails at the RFP
advertisement time)
GCC 1.1.1(b) The Procuring Agency's Name is: Transport & Mass Transit
Department
GCC 1.2.1. The Contract shall be construed in accordance with the law
of: Islamic Republic of Pakistan.
Procuring Agency:
Attention: ____________________________________________
Address: ___________________________________________
City: ___________________________________________
Phone No: ___________________________________________
E-mail: ___________________________________________
Consultant:
Attention: ____________________________________________
Address: ___________________________________________
City: ___________________________________________
Phone No: ___________________________________________
E-mail: ___________________________________________
GCC 1.5.1. The services shall be performed at: Karachi and the Project's
locations as further specified in the TOR.
GCC 1.8.1. All the taxes and duties including income, service, stamp duty, and
those as applicable on the offered services under this Contract shall
be borne by the Consultant. The applicable taxes shall be deemed
as part of the Consultant's total quoted bid.
GCC 2.1.1. The date for effectiveness of contract shall start with effect from the
date of agreement signing by both the Parties.
GCC 2.1.2. The Consultant shall commence contractual services within ten
(10) days or immediately after signing of agreement. Confirmation
of the Professional Staff/ Key Experts' availability to start the
Assignment shall be submitted to the Procuring Agency in writing
(also along with the Proposal) as a written statement signed by
each Expert.
GCC 2.3.1. The Contract shall remain effective for fourteen (14) months;
however, this stipulated period may be extended at no-cost or
without any change in the Contract Price in case of a reasonable
delay, acceptable to the Procuring Agency, in the Project's
execution subject to the terms and conditions laid down in the RFP.
GCC 2.4.1. Any modification or variation of terms and conditions of this Contract,
including any modification or variation of the scope of Services
(except the Proposed Concessions), if required, will be made through
an addendum to agreement with mutual consent of both the parties.
GCC 3.6.1. Reporting obligations include but is not limited to the following (refer
to the TOR's and GCC 6.5.1. for further details):
Inception Report
USP Preliminary Review Report
Technical Feasibility Report
Economic Financial Viability Assessment
PPP Option Analysis with Risk Matrix
Market Viability Assessment
USP Detailed Review Report
Institutional & Regulatory Assessment Report
PPP Options, Risk Matrix & Value for Money Analysis Report
Project Preparation & Approval
Bid documents package, including concession agreements; and
Any other report as part or falling within the Assignment's scope.
Section VI – Conditions of Contract and Standard Forms 95
GCC 6.1.1. Successful Consultant, upon fourteen (14) days of issuance of the
Letter of Award, shall require submitting performance security
equivalent to 5% of the Contract Price in shape of Bank
Guarantee issued by a scheduled bank in Pakistan in favor of
'Secretary, Transport & Mass Transit Department'. Discharge of
the security shall take place within twenty-eight (28) days following
satisfactory completion of the PA's performance obligations.
GCC 6.3.1. The Procuring Agency shall release the payments to the successful
Bidder (in case of a Consortium, respective members including a
National Company or a foreign firm) in Pak Rupees only.
GCC 6.5.1. The payments shall be made according to deliverables and schedule
as specified under Section V – Terms of Reference of RFP
Document.
GCC 8.2.1. Disputes shall be settled in accordance with the Arbitration Act,
1940.
Section VI – Conditions of Contract and Standard Forms 96
Contract
THIS CONTRACT (“Contract”) is entered into this [insert starting date of Assignment],
by and between [insert PA‟s name] (“PA”) having its principal place of business at [insert
PA's address], and [insert Consultant's name] (“Consultant”) having its principal office
located at [insert Consultant's address].
WHEREAS, the Procuring Agency wishes to have the Consultant performing the
services hereinafter referred to, and
2. Term 2.1 The Consultant shall perform the Services during the
period commencing [insert start date] and continuing
through [insert completion date] or any other period as
may be subsequently agreed by the parties in writing.
7. Confidentiality 7.1 The Consultants shall not, during the term of this
Contract and within two years after its expiration,
disclose any proprietary or confidential information
relating to the Services, this Contract or the Procuring
Agency's business or operations without the prior written
consent of the PA.
9. Consultant Not to 9.1 The Consultant agrees that, during the term of this
be Engaged in Contract and after its termination, the Consultants and
Certain Activities any entity affiliated with the Consultant, shall be
disqualified from providing goods, works or services
(other than the Services or any continuation thereof) for
any project resulting from or closely related to the
Services.
10. Insurance 10.1 The Consultant will be responsible for taking out any
appropriate insurance coverage for their personnel and
equipment.
Section VI – Conditions of Contract and Standard Forms 98
11. Assignment 11.1 The Consultant shall not assign this Contract or
Subcontract any portion thereof it without the PA's prior
written consent.
12. Law Governing 12.1 The Contract shall be governed by the laws of Islamic
Contract and Republic of Pakistan, or the Provincial Government and
Language the language of the Contract shall be English.
13. Dispute 13.1 Any dispute arising out of this Contract, which cannot be
Resolution amicably settled between the parties, shall be referred to
adjudication/arbitration in accordance with the
Arbitration Act of 1940.
Appendices
Standard Forms
[Note: Standard Forms provided in this RFP Document for securities are to be issued
by an eligible bank mentioned in the Data Sheet. In case, a Bidder chooses to submit
bid or performance security using Bank Guarantee, the relevant format shall be
tailored accordingly without changing the spirit of the Forms of securities].
Appendices 100
(Bank Guarantee)
Guarantee No. _________________
Executed on ___________________
KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the RFP/
Bid and at the request of the said Principal, we the Guarantor above-named are held
and firmly bound unto the __________________________________, (hereinafter
called the 'Procuring Agency') in the sum stated above, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying RFP/ Bid numbered and dated as above for
________________________________________ (Particulars of Bid) to the said
Procuring Agency; and
WHEREAS, the Procuring Agency has required as a condition for considering the said
Bid that the Principal furnishes a bid security in the above said sum to the Procuring
Agency, conditioned as under:
(1) that the bid security shall remain valid for a period of twenty eight (28) days
beyond the period of validity of the bid;
(a) the Principal withdraws his Bid during the period of validity of Bid, or
(b) the Principal does not accept the correction of his Bid Price, or
(c) failure of the successful bidder to
(i) furnish the required performance security, in accordance with Sub-
Clause ITC-24.2 of Instructions to Consultants, or
(ii) sign the proposed Contract Agreement, in accordance with Sub-Clauses
ITC-9.1 & 9.2 of Instructions to Consultants,
the entire sum be paid immediately to the said Procuring Agency for delayed
completion and not as penalty for the successful Bidder's failure to perform.
NOW THEREFORE, if the successful bidder shall, within the period specified
therefore, on the prescribed form presented to him for signature enter into a formal
Contract Agreement with the said Procuring Agency in accordance with his Bid as
Appendices 101
accepted and furnish within fourteen (14) days of receipt of Letter of Acceptance, a
performance security with good and sufficient surety, as may be required, upon the
form prescribed by the said Procuring Agency for the faithful performance and proper
fulfillment of the said Contract or in the event of non-withdrawal of the said Bid within
the time specified then this obligation shall be void and of no effect, but otherwise to
remain in full force and effect.
PROVIDED THAT the Guarantor shall forthwith pay to the Procuring Agency the said
sum stated above upon first written demand of the Procuring Agency without cavil or
argument and without requiring the Procuring Agency to prove or to show grounds or
reasons for such demand, notice of which shall be sent by the Procuring Agency by
registered post duly addressed to the Guarantor at its address given above.
PROVIDED ALSO THAT the Procuring Agency shall be the sole and final judge for
deciding whether the Principal has duly performed his obligations to sign the Contract
Agreement and to furnish the requisite performance security within the time stated
above, or has defaulted in fulfilling said requirements and the Guarantor shall pay
without objection the sum stated above upon first written demand from the Procuring
Agency forthwith and without any reference to the Principal or any other person.
IN WITNESS WHEREOF, the above bounded Guarantor has executed the instrument
under its seal on the date indicated above, the name and seal of the Guarantor being
hereto affixed and these presents duly signed by its undersigned representative
pursuant to authority of its governing body.
________________________
Guarantor (Bank)
2. ________________________
________________________
(Name, Title & Address) Corporate Guarantor (Seal)
Appendices 102
(Bank Guarantee)
KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the RFP
Document and above said Letter of Acceptance (hereinafter called the Documents)
and at the request of the said Principal we, the Guarantor above named, are held and
firmly bound unto the __________________________________________________
(hereinafter called the Procuring Agency) in the penal sum of the amount stated above,
for the payment of which sum well and truly to be made to the said Procuring Agency,
we bind ourselves, our heirs, executors, administrators and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
accepted the Procuring Agency's above said Letter of Acceptance for ________
__________________________________ (Name of Contract) for the
________________ _______________________________ (Name of Assignment).
NOW THEREFORE, if the Principal (Consultant) shall well and truly perform and fulfill
all the undertakings, covenants, terms and conditions of the said Documents during
the original terms of the said Documents and any extensions thereof that may be
granted by the Procuring Agency, with or without notice to the Guarantor, which notice
is, hereby, waived and shall also well and truly perform and fulfill all the undertakings,
covenants terms and conditions of the Contract and of any and all modifications of the
said Documents that may hereafter be made, notice of which modifications to the
Guarantor being hereby waived, then, this obligation to be void; otherwise to remain
in full force and virtue till all requirements and Conditions of Contract are fulfilled.
Our total liability under this Guarantee is limited to the sum stated above and it is a
condition of any liability attaching to us under this Guarantee that the claim for payment
in writing shall be received by us within the validity period of this Guarantee, failing
which we shall be discharged of our liability, if any, under this Guarantee.
to the amount stated above, against the Procuring Agency's written declaration that
the Principal has refused or failed to perform the obligations under the Contract, for
which payment will be effected by the Guarantor to Procuring Agency‘s designated
Bank & Account Number.
PROVIDED ALSO THAT the Procuring Agency shall be the sole and final judge for
deciding whether the Principal (Consultant) has duly performed his obligations under
the Contract or has defaulted in fulfilling said obligations and the Guarantor shall pay
without objection any sum or sums up to the amount stated above upon first written
demand from the Procuring Agency forthwith and without any reference to the
Principal or any other person.
IN WITNESS WHEREOF, the above bounded Guarantor has executed this Instrument
under its seal on the date indicated above, the name and corporate seal of the
Guarantor being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
________________________
Guarantor (Bank)
2. ___________________________
___________________________
(Name, Title & Address) Corporate Guarantor (Seal)
Appendices 104
Without limiting the generality of the foregoing, [name of Consultant] 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 object of
obtaining or inducing procurement of contract, right, interest, privilege or other
obligation or benefit in whatsoever form from GoS, except that which has been
expressly declared pursuant hereto.
[name of Consultant] certifies that it has made and will make full disclosure of all
agreements and arrangements with all persons in respect of or related to the
transaction with GoS and has not taken any action or will not take any action to
circumvent above declaration, representation or warranty.
[name of Consultant] 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 as
aforesaid shall, without prejudice to any other rights and remedies available to GoS
under any law, contract or other instrument, be voidable at option of GoS.
Notwithstanding any rights and remedies exercised by GoS in this regard, [name of
Supplier] agrees to indemnify GoS for any loss or damage incurred by it on account of
its corrupt business practices and further pay compensation to GoS in an amount
equivalent to ten time sum of any commission, gratification, bribe, finder’s fee or
kickback given by [name of Supplier] as aforesaid for purpose of obtaining or inducing
the procurement of any contract, right, interest, privilege or other obligation or benefit
in whatsoever form from GoS.
[Location, Date]
Re: Feasibility study and transaction advisory services for the development
of motor vehicles fitness inspection project in Sindh under public-private
partnership mode.
Dear Sir:
Pursuant to the Request for Proposal Document dated [insert the date] in
respect of the Project, [Insert Name of the Attorney] hereby represents and warrants
that, as of the date of this letter, [Insert Name of Bidder/ Member of Consortium]:
(b) has not been convicted of, fraud, corruption, collusion, or money laundering
during the last five (5) years;
(c) is not aware of any Conflict of Interest or potential Conflict of Interest arising
from prior or existing contracts or relationships which could materially affect
its capability to comply with the obligations under the Consultancy Contract;
and
(e) does not fall within any of the circumstances for ineligibility listed in
Instructions to Consultants Clauses 18.1, 13.1, 6.1, and 2.2 (Eligibility
Criteria – Bid Data Sheet) of the RFP Document;
Yours sincerely,
[Location, Date]
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney
pursuant to this Power of Attorney and that all acts, deeds, and things done by our
aforesaid attorney shall and shall always be deemed to have been done by us.
Witnesses:
44
In case of a Consortium, a separate power of attorney (on this format) to be provided/ executed by each member of the
Consortium (including the Lead Member) in favor of a representative and attorney of the Lead Member of the Consortium. The
mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable
law and the charter documents of the executant(s) and when it is so required the same should be under common seal affixed
in accordance with the required procedure. For a power of attorney executed and issued overseas, the same will also have to
be legalized by the Pakistan Embassy and notarized in the jurisdiction where the power of attorney is being issued.
Appendices 107
the Bidder (in case of a Consortium, each member) must consult the RFP Document for checking the documents’ requirement against each criterion
and sub-criterion;
the documents are placed in order as listed below (and those as deemed necessary for qualifying the eligibility and technical evaluation criteria);
the documents contain substantial evidence (work orders, contracts with a clear scope, and completion certificates or any other substantial evidence if
the completion certificates are not available) against the claimed projects’ experience and its milestones achieved;
the documents are printed using paper’s double sides, where possible;
the documents are indexed with page numbers repeat with page numbers as mentioned below;
the documents (Technical Proposal) do not disclose any information relating to the Financial Bid;
the documents are submitted, preferably using two-holes file folders/ pockets.
the Bidder must note that the Procuring Agency’s Committee, during the evaluation process, shall rely on the following information provided
by the Bidder. It is the sole responsibility of the Bidder to provide the information in a proper manner as required under the Checklist.
Stamp: ________________________________________________