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Torghar PEC Format RFPs

The Pakhtunkhwa Energy Development Organization (PEDO) is seeking consultancy services for the solarization of mosques, madrasas, and other religious sites in various UCs of District Torghar, Khyber Pakhtunkhwa. Interested consultants are invited to submit technical and financial proposals by December 30, 2022, following the guidelines provided in the Request for Proposal (RFP) document. The selection will be based on a Quality and Cost Based Selection (QCBS) method as outlined in the RFP.

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Rozi Khakwani
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0% found this document useful (0 votes)
18 views94 pages

Torghar PEC Format RFPs

The Pakhtunkhwa Energy Development Organization (PEDO) is seeking consultancy services for the solarization of mosques, madrasas, and other religious sites in various UCs of District Torghar, Khyber Pakhtunkhwa. Interested consultants are invited to submit technical and financial proposals by December 30, 2022, following the guidelines provided in the Request for Proposal (RFP) document. The selection will be based on a Quality and Cost Based Selection (QCBS) method as outlined in the RFP.

Uploaded by

Rozi Khakwani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

GOVERNMENT OF KHYBER PAKHTUNKHWA

PAKHTUNKHWA ENERGY DEVELOPMENT ORGANIZATION


(PEDO)

REQUEST FOR PROPOSAL

Procurement of Consultancy Services


For
“Solarization Of Mosque/Masajid/Madrasa/Janazgah
& Eid-Gah At Uc’s Balkot, Shingal Dra, Bartoni,
Harnail, Shatal, Judba, Manjakot, Palosa, Kand
Akazai, Mera Mada Khel, Shadag Of District
Torghar”
Under
ADP:220679 - District Development Plan for
Torghar

Project Director (Solar)


House No-1, Old Bara Road, University Town Peshawar.
Ph No: (+92-91) 7254668
Facsimile: (+92-91) 9217340
E-mail: [email protected]
PROCUREMENT OF CONSULTANCY SERVICES

FOR

SOLARIZATION OF MOSQUE/MASAJID/MADRASA/JANAZGAH & EID-GAH AT UC’S


BALKOT, SHINGAL DRA, BARTONI, HARNAIL, SHATAL, JUDBA, MANJAKOT,
PALOSA, KAND AKAZAI, MERA MADA KHEL, SHADAG OF DISTRICT TORGHAR
KHYBER PAKHTUNKHWA

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

SECTION 1 LETTER OF INVITATION Page 1

SECTION 2 INSTRUCTIONS TO CONSULTANTS Page 3


Introduction Page 4
Documents Page 5
Preparation Of Proposal Page 5
Submission Of Proposals Page 7
Proposal Evaluation Page 7
Negotiation Page 9
Award Of Contract Page 9
Confirmation Of Receipt Page 9
SECTION 3 DATA SHEET Page 10
Section 4. Formats for Technical Proposal Page 20
Appendix-A Page 23
Appendix-B Page 24
Appendix-C Page 25
Appendix-D Page 26
Appendix-E Page 27
Appendix-F Page 28
Appendix-G Page 30
Appendix-H Page 31
Appendix-I Page 32
Appendix-J Page 33

SECTION 5 FORMAT FOR FINANCIAL PROPOSAL Page 34


Appendix-A Page 36
Appendix-B Page 37
SECTION 6 TERMS OF REFERENCE (TORS) Page 46
Description Page 47
Design /Bidding Phase Page 48
Supervision Stage Page 48
Post Completion Stage Page 49
Schedule Of Payment Page 51
SECTION 6 STANDARD FORM OF CONTRACT Page 52
Letter of Invitation

Section 1. Letter of Invitation

Page |1
Letter of Invitation

Section-01. Letter of Invitation

Attention: Mr./Ms.:

The Pakhtunkhwa Energy Development Organization (PEDO) intends to engage Consultants for
carrying out Solarization of mosque/masajid/madrasa/janazgah & eid-gah at uc’s balkot, shingal dra,
bartoni, harnail, shatal, judba, manjakot, palosa, kand akazai, mera mada khel, shadag of district
Torghar Khyber Pakhtunkhwa ADP 220679
1. .

2. The Pakhtunkhwa Energy Development Organization (PEDO), Government of Khyber Pakhtunkhwa


now invites Technical and Financial proposals for consulting services: Solarization of Masajid and
woship Places in District Torghar.
3. This RFP will be issued to Consultants as per requirement mentioned in advertisement.

4. A firm / Joint venture will be selected for the services under Quality and Cost Based Selection
(QCBS) method and procedures described in this RFP.

5. The RFP document includes the following documents:


Section 1 - Letter of Invitation
Section 2 - Instructions to Consultants (including Data Sheet)
Section 3 - Technical Proposal - Standard Forms
Section 4 - Financial Proposal - Standard Forms
Section 5 - Terms of Reference
Section 6 - Standard Forms of Contract
6. You are invited to submit in English a comprehensive Technical Proposal in Triplicate (ONE
original plus Two additional copies of the Technical Proposal) and ONE original Financial
Proposal, each in sealed Envelope separately clearly mentioning as “Technical Proposal original or
copy” and “Financial Proposal original” with a warning “DO NOT OPEN, EXCEPT IN
PRESENCE OF THE EVALUATION COMMITTEE” for the services required under Term of
Reference (TOR) as provided in Section 5, Not later than 15:00 HRS on December 30th, 2022 at
Committee room of PEDO House, Plot# 38/ B-2, Phase -5 Hayatabad Peshawar and will be opened
on the same day at 15:30 HRS in the main Committee room of PEDO House, Plot# 38/ B-2, Phase
-5 Hayatabad Peshawar.

7. Please inform us in writing at the following address upon receipt:


(a) that you received the Letter of Invitation; and
(b) whether you will submit Technical and Financial Proposals, or not:

Address:
Project Director (Solar)
House No-1, Old Bara Road,
University Town Peshawar.
Ph No: (+92-91) 7254668
Facsimile: (+92-91) 9217340
E-mail: [email protected]

Yours sincerely,

Project Director (Solar)


PEDO Peshawar

Page |2
Instructions to Consultants

Section 2. Instructions to Consultants

Page |3
Instructions to Consultants

Section 2. Instructions to Consultants

1. INTRODUCTION

1.1 You are hereby invited to submit a technical and a financial proposal for consulting services
required for the Assignment named in the attached LOI Data Sheet (referred to as “Data
Sheet” hereafter) annexed with this letter. Your proposal could form the basis for future
negotiations and ultimately a contract between your firm and the Client named in the Data
Sheet.

1.2 A brief description of the Assignment and its objectives are given in the Data Sheet. Details
are provided in the attached TOR.

1.3 The Assignment shall be implemented in accordance with the phasing indicated in the Data
Sheet. (When the Assignment includes several phases, continuation of services for the next
phase shall be subject to satisfactory performance of the previous phase, as determined by the
Client).

1.4 The Client (Pakhtunkhwa Energy Development Organization (PEDO) has been entrusted the
duty to implement the Project as Executing Agency by the Government of Khyber
Pakhtunkhwa and funds for the project have been approved and provided in the budget under
Energy Development Fund (Formerly Hydel Development Fund (HDF) and Annual
Development Programme (ADP) 220679 - District Development Plan for Torghar District,
for utilization towards the cost of the Assignment, and the Client intends to apply part of the
funds to eligible payments under the contract for which this LOI is issued.

1.5 To obtain first-hand information on the Assignment and on the local conditions, you are
encouraged to pay a visit to the Client before submitting a proposal and attend a pre-proposal
conference if specified in the Data Sheet. Your representative shall meet the officials named
in the Data Sheet. Please ensure that these officials are advised of the visit in advance to allow
adequate time for them to make appropriate arrangements. You must fully inform yourself of
local conditions and take them into account in preparing your proposal.

1.6 The Client shall provide the inputs specified in the Data Sheet, assist the Consultants in
obtaining licenses and permits needed to carry out the services, and make available relevant
project data and reports.

1.7 Please note that:


i. The cost of preparing the proposal and of negotiating the contract, including a visit to
the Client, are not reimbursable as a direct cost of the Assignment; and

ii. The Client is not bound to accept any of the proposals submitted.

1.8 An invitation to submit proposals has been sent to the firms as listed/stated in the Data Sheet.

1.9 We wish to remind you that in order to avoid conflicts of interest:


i. Any firm providing goods, works, or services with which you are affiliated or
associated is not eligible to participate in bidding for any goods, works, or services
(other than the Services and any continuation thereof) resulting from or associated
with the project of which this Assignment forms a part; and

ii. Any previous or ongoing participation in relation with the project by your firm, its
professional staff, its affiliates or associates under a contract may result in rejection
of your proposal. You should clarify your situation in that respect with the Client
before preparing the proposal.

Page |4
Instructions to Consultants

2. DOCUMENTS

2.1 To prepare a proposal, please use the attached Forms/Documents listed in the Data Sheet.

2.2 Consultants requiring a clarification of the Documents must notify the Client, in writing, not
later than Five (05) days before the proposal submission date. Any request for clarification in
writing, or by cable, telex or telefax shall be sent to the Client’s address indicated in the Data
Sheet. The Client shall respond by cable, telex or telefax to such requests and copies of the
response shall be sent to all invited Consultants.

2.3 At any time before the submission of proposals, the Client may, for any reason, whether at its
own initiative or in response to a clarification requested by an invited consulting firm, modify
the Documents by amendment. The amendment shall be sent in writing or by cable, telex or
telefax to all invited consulting firms and will be binding on them. The Client may at its
discretion extend the deadline for the submission of proposals.

3. PREPARATION OF PROPOSAL

3.1 You are requested to submit technical and financial proposals. Your proposal shall be written
in English language.
Technical Proposal
3.2 In preparing the technical proposal, you are expected to examine all terms and instructions
included in the Documents. Failure to provide all requested information shall be at your own
risk and may result in rejection of your proposal.

3.3 During preparation of the technical proposal, you must give particular attention to the
following:
i. If you consider that your firm does not have all the expertise for the Assignment you
may obtain a full range of expertise by forming Joint Venture with other firms or
entities. You may also utilize the services of expatriate experts but only to the extent
for which the requisite expertise is not available in any Pakistani Firm. You may not
associate with the other firms invited for this Assignment unless specified in the Data
Sheet.

ii. Subcontracting part of the Assignment to other consultants if considered desirable;


the same sub-consultant may be included in several proposals, subject to limitations
in the Data Sheet.

iii. The estimated number of key professional staff-months required for the Assignment
is stated in the Data Sheet. Your proposal should be based on a number of key
professional staff-months substantially in accordance with the above number.
However, you may propose changes in the light of your experience through your
comments on the TOR.

iv. The key professional staff proposed shall be permanent employees of the firm unless
otherwise indicated in the Data Sheet.

v. Proposed staff should have experience preferably under conditions similar to those
prevailing in the area of the Assignment. The minimum required experience of
proposed key staff shall be as listed in the Data Sheet.

vi. No alternative to key professional staff may be proposed, and only one curriculum
vitae (CV) may be submitted for each position.

Page |5
Instructions to Consultants

vii. Study reports must be in the English Language. Working knowledge of the national
language by the firm’s personnel is recommended. The knowledge of the regional
language where the Assignment is located will be considered additional qualification.

3.4 Your technical proposal shall provide the following and any additional information, using the
formats attached in Appendixes:

I-From-1 A brief description of the Consultant’s organization and an outline of recent


(not older than Fifteen years) experience on assignments of a similar nature.
For each assignment, the outline should indicate, inter alia, the profiles of the
staff provided, duration, contract amount and firm’s involvement.

I-Form-2 A list of projects presently being under taken by the Firm and expertise-wise
total number and number of staff deployed on the projects being presently
under-taken.

I-Form-3 Consultants’ understanding of the objectives of the project, their approach


towards the assignment and a description of methodology that the consultants
propose to perform on the activities and completion of the assignment.

I-Form-4 Any comments or suggestions on the TOR;


The Consultant’s comments, if any, on the data, services and facilities to be
provided by the Client and indicated in the TOR.

I-Form-5 CVs recently signed by the proposed key professional staff or an authorized
manager in the consultant’s head office. Key information should include
number of years with the firm, and degree of responsibility held in various
assignments especially during the last ten (10) years.

I-Form-6 A monthly work plan, illustrated with a bar chart of activities and graphics of
the critical path method (CPM) or Project Evaluation Review Techniques
(PERT) type.

I-Form-7 A schedule for compilation and submission of various types of reports.

I-Form-8 A work plan and time schedule for the key personnel also showing the total
number of person-months by each key person.

I-Form-9 The composition of the proposed staff team, the tasks which would be
assigned to each staff members and their positions.

10. If the Data Sheet specifies training as a major component of the Assignment,
a detailed description of the proposed methodology, staffing, budget and
monitoring.

11. Any additional information as requested in the Data Sheet.

3.5 The technical proposal shall not include any financial information. The Consultant’s
comments, if any, on the data, services and facilities to be provided by the Client and
indicated in the TOR shall be included in the technical proposal.

Page |6
Instructions to Consultants

Financial Proposal

3.6 The financial proposal should list the costs associated with the Assignment. These normally
cover remuneration for staff in the field and at headquarters, per diem, housing, transportation
for mobilization and demobilization, services and equipment (vehicles, office equipment
furniture and supplies), printing of documents, surveys and investigations. These costs should
be broken into foreign (if applicable) and local costs. Your financial proposal should be
prepared using the formats attached as Appendix 2 i.e. Form Nos. 1 through 6.

3.7 The financial proposal shall also take into account the professional liability as provided under
the relevant PEC Bye-Laws and cost of insurances specified in the Data Sheet.

3.8 Costs may be expressed in currency(ies) listed in the Data Sheet.

4. SUBMISSION OF PROPOSALS

4.1 You shall submit one original technical proposal and one original financial proposal and the
number of copies of each indicated in the Data Sheet. Each proposal shall be in a separate
envelope indicating original or copy, as appropriate. All technical proposals shall be placed in
an envelope clearly marked “Technical Proposal” and the financial proposals in the one
marked “Financial Proposal”. These two envelops, in turn, shall be sealed in an outer
envelope bearing the address and information indicated in the Data Sheet. The envelope shall
be clearly marked, “DO NOT OPEN, EXCEPT IN PRESENCE OF THE EVALUATION
COMMITTEE.”

4.2 In the event of any discrepancy between the copies of the proposal, the original shall govern.
The original and each copy of the technical and financial proposals shall be prepared in
indelible ink and shall be signed by the authorized Consultant’s representative. The
representative’s authorization shall be confirmed by a written power of attorney
accompanying the proposals. All pages of the technical and financial proposals shall be
initialed by the person or persons signing the proposal.

4.3 The proposal shall contain no interlineations or overwriting except as necessary to correct
errors made by the Consultants themselves. Any such corrections shall be initialed by the
person or persons signing the proposal.

4.4 The completed technical and financial proposals shall be delivered on or before the time and
date stated in the Data Sheet.

4.5 The proposals shall be valid for the number of days stated in the Data Sheet from the date of
its submission. During this period, you shall keep available the professional staff proposed for
the assignment. The Client shall make its best effort to complete negotiations at the location
stated in the Data Sheet within this period.

5. PROPOSAL EVALUATION
5.1 A two-envelope procedure shall be adopted in ranking of the proposals. The technical
evaluation shall be carried out first, followed by the financial evaluation. Firms shall be
ranked using a combined technical/financial score,1 as indicated below:

Technical Proposal

5.2 The evaluation committee appointed by the Client shall carry out its evaluation, applying the
evaluation criteria and point system specified in the Data Sheet. Each responsive proposal
shall be attributed a technical score (St). Firms scoring less than seventy (70) percent points
shall be rejected and their financial proposals returned un-opened.

Page |7
Instructions to Consultants

Note: The client has to decide, based upon the complexity of the project, what weight ages are
to be assigned to technical and financial components for evaluation/ranking of proposals
which may vary between 80:20 to 100:0 for the technical and financial proposals respectively.
When zero weight age is given to financial proposals, it will be termed only quality based
selection. In case where any weight age is assigned to financial proposals it is known as
Quality cum Cost Based Selection (QCBS).

Financial Proposal

Option-A: For Quality cum Cost Based Selection

5.3 The financial proposals of qualifying consulting firms on the basis of evaluation of technical
proposals shall be opened in the presence of the representatives of these firms, who shall be
invited for the occasion and who care to attend. The Client shall inform the date, time and
address for opening of financial proposals as indicated in the data Sheet. The total cost and
major components of each proposal shall be publicly announced to the attending
representatives of the firms.

5.4 The evaluation committee shall determine whether the financial proposals are complete and
without computational errors. The lowest financial proposal (Fm) among the three shall be
given a financial score (Sf) of 100 points. The financial scores of the proposals shall be
computed as follows:
Sƒ=100 x Fm
F
(F = amount of specific financial proposal)

5.5 Proposals, in the quality cum cost based selection shall finally be ranked according to their
combined technical (St) and financial (Sf) scores using the weights (T- the weight given to the
technical proposal, P = the weight given to the financial proposal; and T+P=1) indicated in
the Data Sheet:
S = St x T %+Sƒ x P%

Option-B: For Quality Based Selection


(when financial proposal is assigned zero percent weightage)

5.6 After evaluation/ranking of technical proposals, only the top-ranking, qualifying firm shall be
invited for opening in presence of representatives formally authorized to negotiate its
financial proposal/contract. These negotiations will focus firstly on the terms of reference and
proposed facilities etc. to be provided by the client. After agreement on these issues, the cost
elements will be discussed and finalized.

In case of failure of these negotiations with the top ranked firm, the second ranked qualifying
firm on the basis of technical proposals will be invited to open and negotiate its financial
proposal/contract. The process shall continue until negotiations with a qualifying consulting
firm is completed successfully.

Page |8
Instructions to Consultants

6. NEGOTIATION

6.1 Prior to the expiration of proposal validity, the Client shall notify the successful Consultant
that submitted the highest ranking proposal in writing, by registered letter, cable telex or
facsimile and invite it to negotiate the Contract.

6.2 Negotiations normally take from two to five days. The aim is to reach agreement on all points
and initial a draft contract by the conclusion of negotiations.

6.3 Negotiations shall commence with a discussion of your technical proposal. The proposed
methodology, work plan, staffing and any suggestions you may have made to improve the
TOR. Agreement shall then be reached on the final TOR, the staffing, and the bar charts,
which shall indicate activities, staff, periods in the field and in the home office, staff months,
logistics and reporting.

6.4 Changes agreed upon shall then be reflected in the financial proposal, using proposed unit
rates (no negotiation of the staff month rates).

6.5 Having selected Consultants on the basis of, among other things, an evaluation of proposed
key professional staff, the Client expects to negotiate a contract on the basis of the staff
named in the proposal. Prior to contract negotiations, the Client shall require assurances that
the staff members will be actually available. The Client shall not consider substitutions of key
staff except in cases of un-expected delays in the starting date or incapacity of key
professional staff for reasons of health.

6.6 The negotiations shall be concluded with a review of the draft form of the contract. The Client
and the Consultants shall finalize the contract to conclude negotiations. If negotiations fail,
the Client shall invite the Consultants that received the second highest score in ranking to
Contract negotiations. The procedure will continue with the third in case the negotiation
process is not successful with the second ranked consultants.

7. AWARD OF CONTRACT

7.1 The contract shall be awarded after successful negotiations with the selected Consultants and
approved by the competent authority. Upon successful completion of negotiations/initialing of
the draft contract, the Client shall promptly inform the other Consultants that their proposals
have not been selected.

7.2 The selected Consultant is expected to commence the Assignment on the date and at the
location specified in the Data Sheet.

8. CONFIRMATION OF RECEIPT

8.1 Please inform the Client by telex/facsimile courier or any other means:

i) That you received the letter of invitation;


ii) Whether you will submit a proposal; and
iii) If you plan to submit a proposal, when and how you will transmit it.

Page |9
Data Sheet

Section 3. Data Sheet

P a g e | 10
Data Sheet

Data Sheet

Clauses Amendments of and Supplements to Clauses in the Instruction to Consultants

1.1 The Name of the Assignement is:

Hiring of Consultancy Services for “Solarization of Masajid, Madrasa, Janaz-Gah & Eid-
Gah at Uc’s Balkot, Shingal Dra, Bartoni, Harnail, Shatal, Judba, Manjakot, Palosa, Kand
Akazai, Mera Mada Khel, Shadag of District Torghar»

The Name of the Client is:

Pakhtunkhwa Energy Development Organization (PEDO), Government of Khyber


Pakhtunkhwa

1.2 The description and the objectives of the Assignment are:

The PEDO intends to implement a project " Solarization of Masajid, Madrasa, Janaz-Gah
& Eid-Gah at Uc’s Balkot, Shingal Dra, Bartoni, Harnail, Shatal, Judba, Manjakot, Palosa,
Kand Akazai, Mera Mada Khel, Shadag of District Torghar."
The scheme is reflected in ADP # 1119/220679 (2022-23). which have solarization
of mosque/ masajid / madras / janazgah & eid gah etc at UC’s Balkot, Shingal Dra,
Bartoni, Harnail, Shatal, Judba, Manjakot, Palosa, Kand Akazai, Mera Mada Khel,
Shadag District Torghar.
Under the scheme the list of one hundred and fifty-four (154) sites have been
identified and list has been forwarded to PEDO through letter No. nil, Dated 26th
June, 2022.The same list has also been forwarded by DC office letter
No.DC(PS)/DC(2022)/2375-79

1.3 Phasing of the Assignment (if any):

A. 09 Months Conducting feasibility site survey (along with contractor


team), Product Approvals, witnessing testing of contractor
Equipment’s samples, product approval Procurement equipment stage
of contractors & Participation in FAT when arranged by contractor
(Supervision during Installation, progress reviews, co-ordination at
sites, Testing, Handing & takings, Closing of Project PC-IV).
B. 12 Months (Supervision of Operation & Maintenance during Defect
Liability Period of Contractor work).

1.5 Pre-Proposal Conference: (Yes / No ) Yes


(if yes, indicate date, time and venue.)

A Pre-proposal conference will be held on Decmeber 20th, 2022 at 14:00 hrs, prior to
deadline for submission of proposals.

The name(s) and address (es) of the Official (s) is (are)

Project Director (Solar)


House No-1, Old Bara Road,
University Town Peshawar.

P a g e | 11
Data Sheet

Clauses Amendments of and Supplements to Clauses in the Instruction to Consultants

Ph No: (+92-91) 7254668


Facsimile: (+92-91) 9217340
E-mail: [email protected]

1.6 The Client will provide the following inputs;

The Procuring Entity will provide assistance with regard to arrangement of NOC, list of
house holds from the respective authority or any documents required.
Security arrangement will be the responsibility of the Contractor.

1.8 The name of invited Firms are: Not Applicable

2.1 The Documents are:


(TOR/Background information, Draft Form of Contract, Sample formats/Appendices etc.)
Section 1 Letter of invitation
Section 2 Instruction to the consultants
Section 3 Format for Technical proposal
Section 4 Format for Financial proposal
Section 5 Terms of References
Section 6 Standard Forms of Contract

2.2 The address for seeking clarification is:

Project Director (Solar)


House No-1, Old Bara Road,
University Town Peshawar.
Ph No: (+92-91) 7254668
Facsimile: (+92-91) 9217340
E-mail: [email protected]

Note: Clarifications may be requested not later than five (05) days before proposals
submission date.

3.3 (i) A short-listed firm may associate with another short-listed firm. (Yes/No) NO

(ii) The same sub-consultant may participate in several proposals firm. (Yes/No) NO

(iii) The estimated number of Key Professional staff months is; 46.

(iv) Proposed Local key staff shall be permanent employee who are employed with the
consultants at least six months prior to submission of proposal (Yes/No) Yes

(v) The minimum required experience of proposed key staff is;

(Position; minimum academic qualification, special training etc., number of years of


professional experience, number of years/minimum number of similar projects for
specific expertise)
See “Part-II: Qualification and Experience of Consultant’s Key personnel” below.

Break up of indicative man-months input by various work activities, of key personal


and their required qualifications and experience are given below

P a g e | 12
Data Sheet

Clauses Amendments of and Supplements to Clauses in the Instruction to Consultants

Part-I Estimated Man months of Key and other Personnel

S.
Detail of Technical Staff Total MM
No. Qty
A. KEY PERSONNEL - LOCAL Construction DLP total
1 Team Leader/Project Manager: 1 09 12 21
Contract Expert / Procurement 03
2 1 - 03
Engineer:
3 Solar System Design Engineer: 1 01 - 01
Assistant Project Managers/Project
4 2 09 12 21
Engineers
Sub-Total (A) 5 22 36 46
B TECHNICAL/ SUPPORT STAFF
1 Sub Engineer: 4 06 12 18
2 Office Assistant/Accountant 1 09 12 21
3 Computer Operator 1 09 12 21
3 Office Boy 2 09 12 21
4 Driver 2 09 12 21
5 Chowkidar 2 09 12 21
Sub Total (B) 12 51 72 123
Grand Total (A+B) 17 73 108 169

1. All local key staff of the consultant should be nominated by name in the proposal.
Negative marking equivalent to 25% of that position marks will be applied if the key
position is mentioned as TBN.

2. The key staff of the consultant must be proficient in written and spoken English.

The consultants may come up with any adjustment of man-months / disciplines in local key
personnel, as they consider conducive to the objectives of the assignment, so far as total
man-months anticipated for the key personnel remain same.

Part-II: Qualification and Experience of Consultant’s Key personnel

Consultant will assign adequately qualified personnel to carry out the implementation of
project as described in TOR. Man-month input for which are indicated in Part-I “Estimated
Man months of Key and other Personnel” above.
CV of each individual (duly signed by the individual/counter signed by CEO),
Undertaking/Affidavit of availability for the project, Valid PEC Card and
Degree/Certificates by the firm shall be provided as proof in the technical proposal for each
position. No Marks will be awarded for incomplete documents. Proof of Employment as
specified in CV with Reputed Registered Firms/Organization Experience must be provided
else no marks will be awarded.

P a g e | 13
Data Sheet

Clauses Amendments of and Supplements to Clauses in the Instruction to Consultants

In particular, the key personnel should possess the qualifications and experience as indicated
in following.

Key Staff:

1- Team Leader/Project Manager: (01 Position)


He/ She should be at least Bachelor in Electricals/Electronics. Master would be given
additional weightage. The incumbent should have minimum overall experience of 12
years with at least 05 years’ experience in solar projects. The incumbent must have
completed at least 08 Nos. of Solar Building Projects. Proof of Employment with
Reputed Registered Firms/Organization Experience must be provided.

2- Contract Expert / Procurement Engineer: (01 Position)


He/ She should be at least Bachelor in Electricals/Mechanical/Civil. Master
would be given additional weightage. The incumbent should have minimum
overall experience of 12 years with at least 03 years’ experience in procurement
and contract Management. Proof of Employment with Reputed Registered
Firms/Organization Experience must be provided.

3- Solar System Design Engineer (Professional): (01 Position)


He/ She should be at least Bachelor in Electricals/Electronics. Master would be
given additional weightage. The incumbent should have minimum overall
experience of 05 years with at least 03 years’ experience in Solar PV System
Design. The incumbent must have completed at least 05 Nos. of Solar Building
Projects. Proof of Employment with Reputed Registered Firms/Organization
Experience must be provided.

4- Assistant Project Managers/Project Engineers: (02 Position)


He/ She should be at least Bachelor in Electricals/Electronics. Master would be
given additional weightage. The incumbent should have minimum overall
experience of 05 years with at least 03years’ experience in solar projects. The
incumbent must have completed at least 03 Nos. of Solar Building Projects.
Proof of Employment with Reputed Registered Firms/Organization Experience
must be provided.

Non Key Staff:

1- Sub Engineer: (04 Position)


He/ She should be at least Diploma of Associate Engineer in
Electricals/Electronics/B-Tech. The incumbent should have minimum overall
experience of 05 years with at least 03years’ experience in solar projects. The
incumbent must have completed at least 03 Nos. of Solar Building Projects.
Proof of Employment with Reputed Registered Firms/Organization Experience
must be provided.

2- Office Assistant/Accountant / Computer Operator (01 Position)


He/ She should be at least BA/BCS/BBA respectively. The incumbent should
have minimum overall experience of 05 years.

3- Office Boy (02 Position)

P a g e | 14
Data Sheet

Clauses Amendments of and Supplements to Clauses in the Instruction to Consultants

He/ She should be at least middle/matric pass.

4- Driver (02 Position)


He/ She should be at least middle/matric pass.

5- Chowkidar (02 Position)


He/ She should be at least middle/matric pass

3.4 (10) Training is an important feature of this assignment (Yes/No) No


(11) Additional information in the technical proposal includes: (if any)

3.7 Professional liability, insurances (description or reference to appropriate


documentation):

1. Payment of all taxes / duties and other imposition as may be levied under the Applicable
law, in respect of Consultants, sub consultant and their Personnel shall not be the
responsibility of the client.
2. Cosnultant shall have to submit 10% performance security of the bid cost in shape of
bank gurentee acceptable to the employer after the issueance of LOA and before signing
the Contract Agreement and which will be release after the completion of (01)Year DLP.

4.1 The number of copies of the Proposal required is;

Consultant must submit ONE original plus Two additional copies of the Technical Proposal
and ONE original Financial Proposal each in sealed Envelope separately clearly mentioning
as “Technical Proposal original or copy” and “Financial Proposal original with a warning
“DO NOT OPEN, EXCEPT IN PRESENCE OF THE EVALUATION COMMITTEE”.

4.2 The address for writing on the proposal is:


Address: Committee Room of PEDO, located at plot No. 38/B-2, PEDO House
Phase V, Hayatabad, Peshawar.
Telephone: (+92-91) 7254668
Facsimile: (+92-91) 9217340

4.3 Proposals must be submitted not later than the following date and time:

Dec 30th, 2022 on or before 15:00 HRS on and will be opened on the same day at 15:30 HRS
in the main Committee room of PEDO House, Plot# 38/ B-2, Phase -5 Hayatabad Peshawar.

4.4 The address for submission of proposal is:


Committee Room of PEDO, located at plot No. 38/B-2, PEDO House Phase V,
Hayatabad, Peshawar.
4.5 Validity period of the proposal is (days, date):
180 days after the last date of submission of proposal.

5.2 Criteria, sub-criteria, and point system for the evaluation of Technical Proposals are:
Step No.01: Examination for Responsiveness:
The Technical Proposals of the bidder shall be subjected to the following mandatory
Eligibility Criteria to determine the initial Responsiveness of each Proposal.
Note No.01: The Consultancy firms either Single Entity or JV (Both lead and partner)

P a g e | 15
Data Sheet

Clauses Amendments of and Supplements to Clauses in the Instruction to Consultants

must comply with each of the responsiveness requirement listed below.


Note No.02: The applicant will be eligible for further evaluation only when they earn
“YES” in all responsiveness requirements.

i) Consultancy firms either Single Entity or JV (lead and partner) must have Valid PEC
Registration with Code -1210 & 1235 for Renewable Energy (PEC Registration
must be attached).
ii) Consultancy firms either Single Entity or JV (Both Lead and Partner) Must have
valid Registration with Khyber Pakhtunkhwa Revenue Authority (KPRA) on
Proposal Submission Date. (KPPRA Registration must be attached)
iii) Consultancy firms either Single Entity or JV (Both Lead and Partner) Must have
valid Registration with Federal Board of Revenue (FBR) with Active Tax Payer
Status on Proposal Submission Date. (FBR Registration and ATL must be
attached)
iv) The firm should not be black listed from any Government or Autonomous Body
(Affidavit on Original Stamp Paper that firm is not blacklisted must be
attached).
v) Income tax returns for last Year should be submitted
vi) Audit Report of Last Year Should be submitted
vii) In case of firms entering into JV, the JV agreement must be produced on stamp paper
as per PEC Bye-Laws format including all Schedules. All those JVs for which JV
agreement has not been converted into a legal agreement, Must attach MOU/ Letter
of intent.

Step No.02: Evaluation Criteria, Sub Criteria and Point System

Mandatory Requirements:
(i). Experience of the Consultancy Firm with Government. /Semi Government Departments
/SECP Registered client/ International NGOs and Donor Agencies shall be considered
for evaluation. LOA, Signed “Form of Contract Agreement”, Completion
Certificates/Performance Certificate should be attached as evidence. International
Completion Certificates must be verified from Pakistan Embassy in the host country.
Value of Each Consultancy project should be equal or more than Five (05) millions.

(ii). The minimum Over all Technical Score (St) required to pass is: Points 70% (combined)
and 60% marks are mandatory for passing in Category I, II and III separately.

Note: Method of Selection is;

Quality and cost Based selection (QCBS): under this method of selection the evaluation of
the technical and financial proposal will be done by weighting and adding the quality and
cost scores in ration of 80:20 (80% for technical proposal and 20 % of Financial proposal)

Points
Category I: Specific experience of the Consultants relevant to the assignment [30]

a) Experience in Specific Projects 20


Experience in 04 Specific Projects 500 KW or above (Solar Home Systems/Solar

P a g e | 16
Data Sheet

Clauses Amendments of and Supplements to Clauses in the Instruction to Consultants

Buildings) completed during the last Five years, each consultancy project will be
given 5 marks.

b) Experience in General Solar Projects 10


Experience in 02 General Electric Projects any capacity (other than Solar
projects) with a minimum value of Pak Rupees 2.0 Million Consultancy Cost,
completed during the last Five years, each consultancy project will be given 5
marks.

Category II: Approach & Methodology and Work Plan as per TORs [25]

a) Understanding of objective 02
b) Quality of Methodology 08
c) Work plan 03
d) Innovativeness 02
e) Proposal presentation 02
f) Offices Availability at Peshawar 02
g) Testing Equipment (Quantity & Detail As per TORs) 06

Testing Equipment Description: Consultant to provide original pictures


Qty Marks
of the testing tools showing model number/serial number etc.
PV Analyzer 01 01
Irradiance Meter = 01 Mark 01 01
Digital Multi/Clamp Meter (0.25 Mark each) 04 01
Thickness Gauge (0.25 Mark each) 02 0.5
Galvanization meter (0.25 Mark each) 02 0.5
Earth resistance measuring tester 01 0.25
Compass (0.25) Mark each 03 0.75
Digital Tachometer 01 0.25
Equipment Testing Lab (Provide coordinates and Original Pictures) 01 0.25
02 no. of Vehicles (Affidavit for availability for project along with
02 0.5
original pictures) = 0.25 mark each
Total 06

Category III: Key professional Staff Qualifications and competence for the assignment:
[45]

Evaluation of Key Staff


Individual Key staff Evaluation
1 Team Leader / Project Manager 15
a. General Qualification Where Basic
Requirement is
Graduation
i. Basic Degree (B.Sc.) 15%
ii. M.Sc. 5%
Sub Total (a) 20%
b. Adequacy for Assignment/ Experience
i. Overall Experience 20%

P a g e | 17
Data Sheet

Clauses Amendments of and Supplements to Clauses in the Instruction to Consultants

ii. Solar Project Related Experience 35%


iii. Specialized Training in relation to field (> 3 5%
months)
iv. Working as Team / Deputy Team/Senior Techno 15%
Managerial Position
v. Permanent Status 5%
Sub Total(b) 80%
Total (1) (a+b) 100%
2 Other Key personnel 30

(i). Contract Expert / Procurement Engineer 10


(ii). Solar System Design Engineer 04
(iii). Asstt Project Managers/Project Engineers (04) 16
a. General Qualification Where Basic
Requirement is
Graduation
i. Basic degree (Bachelors) 15%
ii. M.Sc. 5%
Sub Total(a) 20%
b. Adequacy for Assignment / Experience
i. Overall Experience 20%
ii. Solar Related Experience 50%
iii. Specialized Training related to field 5%
Sub Total (b) 75%
c. Status with the Firm (income tax returns of last 5%
six months must be attached).
Total (2) (a+b+c) 100%

Note-1
Only Key Staff CVs would be evaluated. All Key Staff CVs must be duly signed and as
per format attached in this RFP. CVs not submitted on the given format or unsigned in the
proposal shall not be evaluated. The copies of degrees / certificates MUST be attached
for Foreign and Local Key Staff. Where copies of Degree of Key Personnel is not
attached, Marks for Qualification (20%) shall not be awarded.

Note-2
Key Staff will be awarded 5% marks in “Status with the Firm” if income tax returns for the
last six months are attached in addition to requirements stated under Note-1 above.

Note-3
No marks will be awarded to an incumbent who is already engaged as full time on
currently ongoing project with other firm at the time of evaluation of technical proposal.

Note-4
No marks will be awarded to person who is presently employee of Government / Semi
Government / public department unless NOC from parent department is provided.

5.3 The Expected date and address for Financial Proposal opening:

As notified after Technical Evaluation of proposal. The Financial proposal shall be opened
in presence of authorised representative of Firms

5.4 The formula for determining the financial score is following:

P a g e | 18
Data Sheet

Clauses Amendments of and Supplements to Clauses in the Instruction to Consultants

Sf = 100 FM/F

In which Sf is financial score. FM is the lowest price and F is the price of the proposal
under consideration. The Weightage given to Technical and Financial Proposal are
TP = 80% FP= 20%

The firm achieving the highest combined technical and financial score and stand first
ranked will be invited for negotiation.

7.2 Expected date and location for commencement of Assignment:


Consulting services will up to March, 2023 at District Torghar, Khyber Pakhtunkhwa.

P a g e | 19
Formats For Technical Proposal

Section 4. Formats for Technical Proposal

P a g e | 20
Formats For Technical Proposal

SECTION 4- FORMAT FOR TECHNICAL PROPOSAL

1. Technical proposal will be in English language and submitted with Form sample at
Appendix-A to this section. It will demonstrate knowledge of the consultants
regarding services requirements and understanding of the tasks set forth in Term of
Reference (TOR) for consultants (Section 6)

2. The proposal should be based on the following format:

i. Background and experience of the Joint Venture Partners for the purpose of
providing the services for this assignment, including any overseas work
experience. A list of past and present references covering major assignment of
similar nature carried out per sample at Appendix-B to this section.

ii. Information on the staff deployment on the existing assignment by the firm/
consortium at the time of submitting this proposal (sample at Appendix-C to
this section).

iii. General approach and methodology proposed for carrying out the services
including such detailed information as deemed relevant (sample from an
Appendix-D to this section).

iv. Comments, if any, regarding the Terms of Reference (ToR) etc. to improve
performance in carrying out assignment (sample at Appendix-E to this
section).

v. Name, age, background, employment records and detailed professional


experience of the key staff to be assigned for providing proposed services,
with particular reference to the kind of experience required for the project
(sample of CV Appendix-F to this section).

vi. Supportive illustrations by way of (separate for each project):

a. Implementation work plan / schedule of principle activities indicating


those on the critical path (sample at Appendix-G to this section).
b. A schedule of composition and submission of reports (sample at

P a g e | 21
Formats For Technical Proposal

Appendix-H to this section).


c. A bar-chart manning schedule indicating the estimated duration
(separately key personnel, head office/ project office and filed staff)
sample at Appendix-I to this section.
d. Composition of team personnel and the task to be assigned (sample at
Appendix-J to this section).

vii. Proposed Joint Venture arrangement in accordance with requirement of the


Pakistan Engineering council Act, supported with:
a. M.O.U of Joint Venture Members duly signed by all the JV members
giving percentage sharing. Associates / Sub Consultants are not
required to sign the JV agreement but the share should be mentioned.
b. Certified Audited Statement of the Lead Firm should be attached. A
Lead Firm must have annual average turnover of more than 100
Million Rupees for the last three years.
c. Sub consultancy or Associations should not be more than 15%.
Remaining 85% should be shared among the JV Members.
d. An organization chart along with detail of association arrangement to
show equitable and effective participation of the members and regional
representative, if any.
e. A chart to show total staff breaks up committed on other projects and
allotted to this assignment.
f. Status of registration with Pakistan Engineering council.
viii. Estimate for office space, vehicle, office and field equipment for carrying out
the proposed assignment.

P a g e | 22
Formats For Technical Proposal

Appendix-A to section 4
Page 1 of 1
TECHNICAL PROPOSAL SUBMISSION FORM

(Location, Date)
To,

Project Director (Solar)


House No-1, Old Bara Road,
University Town Peshawar.
Ph No: (+92-91) 7254668

Dear Sir,

We the undersigned, offer to provide the consulting services for Solarization


Of masajid & worship places In District Torghar, Khyber Pakhtunkhwa, 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 proposals sealed under separate envelope.

We are submitting our proposal in association with:( Insert a list with full
name and address of each associated consultant)

We hereby declare that 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 proposal i-e before the
date indicated in paragraph 4.4 of Data sheet, we undertake to negotiate on the basis
of proposed staff. Our Proposal is biding upon us subject to the modification resulting
from contract negotiations.

We undertake, if our proposal is accepted, to initiate the consulting services


related to the assignment not later than the date indicated in paragraph Reference 7.2
of the Data Sheet.

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

We remain,

Yours sincerely
Authorized Signature (In full and initials): _______________________
Name and Title of Signatory: _________________________________
Name of the Firm: __________________________________________
Address: __________________________________________________

P a g e | 23
Formats For Technical Proposal

Appendix-B to Section 4
Page 1 of 1
Form-1
FIRM’S REFERENCE

RELEVANT SERVICES CARRIED OUT IN THE LAST TEN YEARS


WHICH BEST ILLUSTRATE QUALIFICATIONS

Using in the format below, provide information on each reference assignment for which your
firm, either individually as a corporate entity or as one of the major companies within a
consortium, was largely contracted.

Assignment Name: Country:


Percentage Share in Project:
Lead Partner or Other:
Location within Country: Professional Staff Provided by
Your Firm:

Name of Client: No of Staff:

Address: No of Staff Months:

Start Date (Month/Year): Completion Date Approx. Value of Services (in


(Month/Year): Current USD/Rs.)

Name of Associated No. of Months of Professional


Firm (s), if any: Staff Provided by Associated
Firm(s)
Name of Senior Staff (Project Director/Coordinator, Team Leader) involved and functions
performed:

Narrative Description of Project& salient Features of the components of Project:


Description of Actual Services (with salient features of component handled) Provided by Your
Firm also showing percentage share and the position in joint venture / consortium, if applicable;

Firm / Consultants’ Name: ______________________________

P a g e | 24
Formats For Technical Proposal

Appendix-C to Section 4
Page 1 of 1
FORM 2
PRESENT STAFF DEPLOYMENT
(As of ________________)
I projects in hand

S.No Project Name Client Location Associate(s) Expected


date of
completion

II Overall staff deployment

S.No Field of Experts Total Number of Staff Assigned to


Permanent staff Above Projects

III Professional / Technical Staff Deployed on Projects in Hand (up to Junior Level)

S.No Field of Experts Total Number of Staff Assigned to


Permanent staff Above Projects

P a g e | 25
Formats For Technical Proposal

Appendix-D to Section 4
Page 1 of 1
FORM 3
APPROACH PAPER ON METHODOLOGY PROPOSED
FOR PERFORMING THE ASSIGNMENT

P a g e | 26
Formats For Technical Proposal

Appendix-E to Section 4
Page 1 of 1
FORM 4

COMMENTS/SUGGESTIONS OF CONSULTANT

On the Terms of Reference (TOR)

1.

2.

3.

4.

5.

6.

Etc.

On the data, services and facilities to be provided by the Client indicated in the TOR:-

1.

2.

3.

4.

5.

Etc.

P a g e | 27
Formats For Technical Proposal

Appendix-F to Section 4
Page 1 of 1
FORM 5

FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED KEY STAFF

1. Proposed Position: ________________________________________________

2. Name of Firm: ___________________________________________________

3. Name of Staff: ___________________________________________________

4. Profession: ______________________________________________________

5. Date of Birth: _____________________________________________________

6. Years with Firm: ___________________________________________________

7. Nationality: ______________________________________________________

8. Membership in Professional Societies: ________________________________


(Membership of PEC is Mandatory with Number)

9. Detailed Tasks Assigned on the Project: ________________________________


_______________________________________________________________

10. Key Qualifications:

[Give an outline of staff member’s experience and training most pertinent to tasks on
assignment. Describe degree of responsibility held by staff member on relevant previous
assignments and give dates and locations. Use up to one page].

11. Education:

[Summarize college/university and other specialized education of staff member, giving


names of institutions, dates attended and degrees obtained.]

12. Employment Record:

[Starting with present position, list in reverse order every employment held. List all
positions held by staff member since graduation, giving dates, names of employing
organizations, title of positions held and location of assignments. For experience in last
ten years, also give types of activities performed and client references, where
appropriate.

13. Languages:-

[Indicate proficiency in speaking, reading and writing of each language: excellent, good,
fair, or poor].

P a g e | 28
Formats For Technical Proposal

14. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, these bio-data
correctly describe me, my qualifications and my experience.

15. Total Experience (Year):_______________________________________

16. Relevant experience (Year):______________________________________

____________________ Date: ____________


Signature of Staff Member Day/Month/Year

P a g e | 29
Formats For Technical Proposal
Appendix-G to Section 4
Page 1 of 1
FORM 6
WORK PLAN/ACTIVITY SCHEDULE

Items of Work/Activities Monthly Program from date of assignment (in the form of a Bar Chart)

- - - - -
1 2 3 4 5 6 7 8 9 10 11 12 24

P a g e | 30
Formats For Technical Proposal

Appendix-H to Section 4
Page 1 of 1
FORM 7
Completion and Submission of Reports

Reports Date
1. Inception Report
2. Interim Progress Report(s)

- Monthly
- Quarterly
- Mid term

3. Field Investigation Report

4. Draft and Final Feasibility report

5. Draft &Final Detailed


DesignReport and Tender
Document
6. Draft and Final PC-I

P a g e | 31
Formats For Technical Proposal

Appendix-I to Section 4
Page 1 of 1
FORM 8
WORK PLAN AND TIME SCHEDULE FOR KEY PERSONNEL

S.No Number of
Name Position Months (in the form of a Bar Chart) Months

- -
1 2 3 4 5 6 7 8 9 10 11 12 - - - 24

I Project Office

Project Manager

____________

_____________

Sub Total

II Filed Office
----------------------

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

Sub Total

Total (I+II)

Legend
Full Time: _________________
Part Time: _________________ Activities Duration ____________ Yours faithfully,
Signature _________________
(Authorized Representative)
Full Name ________________
Designation ________________
Address ________________
P a g e | 32
Formats For Technical Proposal

Appendix-J to Section 4
Page 1 of 1
FORM 9
COMPOSITION OF THE TEAM PERSONNEL AND THE TASKS TO
BE ASSIGNED TO EACH TEAM MEMBER

1. Technical/Managerial Staff

Name Position Task Assignment

2. Support Staff

Name Position Task Assignment

P a g e | 33
Formats for Financial Proposal

Section 5. Formats for Fianancial Proposal

P a g e | 34
Formats for Financial Proposal

SECTION 5 – FORMATS FOR FINANCIAL PROPOSAL

1. Financial proposal expressed in local currency (PKR) should be prepared on “cost plus-
Fee: basis and submitted with Form samples at Appendix-A to this section and be
accompanied by supporting documents as per sample at Appendix-B to this section.
2. The proposal should show in detail:
i. The man-months for each consultant’s personnel proposed to be assigned to
various activities.
ii. It should contain:
a. A breakdown of all time based rates as per samples at Forms 1A, 1B, 2B
& 3 of Appendix-B to this section.
b. The breakdown of all times based rates including actual salary (this must
be supported by certified pay roll sheets), fringe benefits (with detailed
description), firms overhead (with detail description) and fee to justify
the billing rate. Certification on breakdown of fringe benefits and
overheads by as independent firm of auditors must also be submitted (if
the certification cannot be made available, the reason must be given).

3. The proposal should contain:


i. An estimate of salary costs/ remuneration of consultant’s personnel, as per
sample at Form 4 of the Appendix-B to this section.
ii. An estimate of direct cost/ non salary cost tighter with breakdown for various
items as per sample at Form 5 of Appendix to this section.

4. The proposal should also contain summary of the costs as per sample at Form 6 of
Appendix to this section.

P a g e | 35
Formats for Financial Proposal

Appendix-A to section 4
Page 1 of 1
Financial proposal Submission Form
(Place and Date)

From: To:

___________________
Project Director (Solar)
___________________
House No-1, Old Bara Road,
___________________
University Town Peshawar.
___________________
Ph No: (+92-91) 7254668
Subject:- CONSULTANCY SERVICES FOR SOLARIZATION OF
MOSQUE/MASAJID/MADRASA/JANAZGAH & EID-GAH AT UC’S
BALKOT, SHINGAL DRA, BARTONI, HARNAIL, SHATAL, JUDBA, MANJAKOT,
PALOSA, KAND AKAZAI, MERA MADA KHEL, SHADAG OF DISTRICT TORGHAR

Sir,

I/ We ________________________________________________ enclose herewith Financial


proposal of our Firm/ consortium for the subject service, amounting to total cost of services as
Rs. (Rupees)………………………. We understand that you are not bound to accept any
proposal receives.

The Financial Proposal details are presented in Appendix-B to Section-4. The Appendix-B
includes the following:

• Breakdown of Consultants Bill Rate


Form 1A and 1B
(Local)
• Breakdown of consultants social Charges Form 2
• Breakdown of Consultants Overhead Costs Form 3
• Estimated Salary cost/ Remuneration of Consultants Form 4
• Estimated Direct / Non Salary cost of Consultants Form 5
• Summary of Consultancy Services Cost Form 6

Yours Faithfully Signature_________________


Full Name__________________
Designation________________
Address: ___________________
(Authorized Representative)

P a g e | 36
Formats for Financial Proposal

Appendix-B to Section 5
Page 1 of1
Form 1
BREAKDOWN OF RATES FOR CONSULTANCY CONTRACT

Project:____________________________________Firm:_____________________________
_____

Name Position Basic Social Overhead Sub- Fee Rate per Field Rate per
Salary Charges (%age of Total (%age Month Allow. Month
perCal. (%age of 1+2) (1+2+3) of 4) for (%age of for Field
Month 1) project 1) Work
Office
(1) (2) (3) (4) (5) (6) (7) (8)

Notes:

Item No. 1 Basic salary shall include actual gross salary before deduction of taxes. Payroll
sheet for each proposed personnel should be submitted at the time of negotiations.

Item No. 2 Social charges shall include Client’s contribution to social security, paid vacation,
average sick leave and other standard benefits paid by the company to the
employee. Breakdown of proposed percentage charges should be submitted and
supported (see Form 2).

Item No. 3 Overhead shall include general administration cost, rent, clerical and junior
professional staff and business getting expenses, etc. Breakdown of proposed
percentage charges for overhead should be submitted and supported (see Form 3).

Item No. 5 Fee shall include company profit and share of salary of partners and directors (if
not billed individually for the project) or indicated in overhead costs of the
Company.

Item No. 7 Normally payable only in case of field work under hard and arduous conditions.

Full Name:__________________________
Signature:__________________________
Title:______________________________

P a g e | 37
Formats for Financial Proposal

Appendix-B to Section 5
Page 1 of 1
Form 2
BREAKDOWN OF SOCIAL CHARGES

S.No. Detailed Description As a %age of Basic Salary

P a g e | 38
Formats for Financial Proposal

Appendix-B to Section 5
Page 1 of 1
Form 3
BREAKDOWN OF OVERHEAD COSTS

As a %age of Basic Salary


S.No. Detailed Description
and Social Charges

P a g e | 39
Formats for Financial Proposal
Appendix-B Section 5
Form 4
Page 1 of 2

ESTIMATED LOCAL CURRENCY SALARY COSTS/REMUNERATION

S.No. Name Position Staff-Months Monthly Billing Total Estimated


Rate Amount (Rs.)
I. Professional Staff

Sub-Total:

P a g e | 40
Formats for Financial Proposal
Appendix-B to section 5
Form 4
Page 2 of 2

ESTIMATED LOCAL CURRENCY SALARY COSTS/REMUNERATION

S.No. Name Position Staff-Months Monthly Billing Total Estimated


Rate Amount (Rs.)
II Non-Technical Staff

Sub-Total:

P a g e | 41
Formats for Financial Proposal

Appendix-B to Section 5
Form 5
Page 1 of 2
DIRECT (NON-SALARY) COST of Consultants
Firm _--------------------------------

S. No Description Unit
1. Project Office at Peshawar
1. Rent of Office Accommodation at L-Sum
Peshawar
2. Office Furnishing and Furniture with Air L-Sum
conditioning, Heaters installation etc.

L-Sum
3. Electricity,water and Gas charges

No
4. Latest Scanner (A3 Size)
5. Vechiles, Running and Maintenance of L-Sum
Office Equipment

6. Office Supplies and Stationery L-Sum


7. Printing, Photocopying and Binding of L-Sum
Reports
8. Telefax, Postage, Courier, Telephone L-Sum
Charges and Internet etc.
9. Data Collection L-Sum
10. Software L-Sum
11. Any Other item/activity/work etc L-Sum
12. Data Collection L-Sum

13. Software L-Sum


14. Any Other item/activity/work etc L-Sum

Sub Total-1

Note: The cost of the above mentioned works/assigments shall be adjusted in the salary
cost/remuneration head

P a g e | 42
Formats for Financial Proposal

Page 2 of2
2. Field Office (Survey and Investigation)

S.No. Description Unit

2 1. Office cum Residential


Accommodation PM

2. Electricity, Water and Gas/Fuel


Wood Charges, for Office and L-sum
Mess
3. Office Equipment
L-sum

4. Office Supplies and Stationery


L-sum

5. Printing, Photocopying of
Data/Reports etc. L-sum

6. Telefax, Postage, Courier,


Telephone Charges L-Sum

7. Travelling and Field Allowances


for field staff L-sum
8. Field Survey & Investigations

9. Geo Tagging/Mapping & Soft


Screen collection
As per TORS/Project Requirement

10. Presentation & Justification of


unfeasible spots
As per TORS/Project Requirement

11. Preparation and Submission of all


Reports
As per TORS/Project Requirement

12. L-Sum Cost of any other missing


activity/work if deems necessary
for this project As per TORS/Project Requirement

P a g e | 43
Formats for Financial Proposal

S.No. Description Unit

Sub- Total 2

Grand Total = 1+2

Note: The cost of the above mentioned works/assigments shall be adjusted in the salary
cost/remuneration head

P a g e | 44
Formats for Financial Proposal

Appendix-B to Section 4
Page 1-1
Form 6

SUMMARY OF COST OF CONSULTANT

S.No. Description Amount

1. Salary Cost / Remuneration Rs.

Grand Total Rs.

P a g e | 45
TORs for services

Section 6. TORs

P a g e | 46
TORs for services

Section 6. TORs FOR SERVICES

Terms of References for Consultancy services for Energy Audit, Design/Review and
Supervision during installation & Defect Liability Period (DLP) of the Project
"Solarization of mosque/masajid/madrasa/janazgah & eid-gah at uc’s
Balkot, shingal dra, bartoni, harnail, shatal, judba, manjakot,
Palosa, kand akazai, mera mada khel, shadag of district torghar”

2.1 Description:

The PEDO intends to implement a project "Solarization of Masajid & Worship Places
in District Torghar”
The scheme will provide not only ease in performing religious obligations to the
local community and but will also promote social harmony among the community.
The following criteria is adopted for selection of site:
i. The first priority will be given to the site located in the un-electrified (off-grid)
areas of the subject location.
ii. Second priority will be given to sites situated in the heavy loadshedding
areas or low voltage areas.
iii. The site which has weak ceiling structure i.e., wooden, muddy, TR Gardar
(Girder) etc. the PV structure will be installed on ground inside the
premises of the desired site. if the site has limited area of space, then it will
be considered infeasible due to unavailability of space and weak ceiling
structure.
iv. Under construction site feasibility status will be subject to approval of the
project consultant and concerned technical official.
In acse of technically non-feasible sites duly recommended by the project consultant,
the concern project authority will have to approve the replacemnets of sites upon the
recommendation of consultants.

2.2 Location & Technical Parameters:

The scheme includes solarization of 154 No’s of Solarization of masajid,


madrasaa, janaz-gah & eid-gah at uc’s balkot, shingal dar, bartoni, harnail, shatal,
judba, manjakot, palosa, kand akazai, mera mada khel, shadag of District Torghar
as per need and requirements of the local community through concerned
representative.

This scheme includes 154 No’s of units for Solarization of subject sites mentioned

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TORs for services

above at UCs of District Torghar, Khyber Pakhtunkhwa. 3 KW solar system is


designed for the 153 Masjids and Madrasa, while one special separate 15 KW (02
Units of 7.5 KW) Solar System is designed for Tablighi Markaz, district Torghar
1.3 Scope & Duration of Services:

After contract signing the scope is as under:


A. 09 Months Conducting feasibility site survey (along with contractor team),
Product Approvals, witnessing testing of contractor Equipment’s samples,
product approval Procurement equipment stage of contractors & Participation
in FAT when arranged by contractor (Supervision during Installation, progress
reviews, co-ordination at sites, Testing, Handing & takings, Closing of Project
PC-IV).
B. 12 Months (Supervision of Operation & Maintenance during Defect Liability
Period of Contractor work).
Note: Scope can increase/decrease

A. 03 Months for Procurement stage for Hiring of contractors and


review/vetting of design.

2. DESIGN /BIDDING PHASE


2.1 Conducting Initial Site Survey and submitting a detail report.
2.2 Preparation and Submission of Inception report.
2.3 Preparation and Submission of reports related to PV system Design, complete
technical details / specifications.
2.4 Preparation/Submission of reports of detailed working drawings and modifycation (if
required).
2.5 Preparation/Submission of Technical Sanction estimates.
2.5.1 Pre-qualification of contractors if required.
2.6 Preparation/Submission of tender/bidding documents of project.
2.7 Preparation and submission of bid evaluation report.
2.8 Preparation and submission of Minutes of meetings.
2.9 Preparation and submission of Contractor’s Contract Agreement.
2.10 Preparation of Detail mechanism for services during Supervision, DLP (Defective
Liability Period) and complaints resolution.
3 SUPERVISION STAGE:
3.1 Submission of Pre-supply inspection report.
3.2 Submission of Equipment assessment and testing reports and recommendation to
client.
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TORs for services

3.3 Establishment of site/ regional office and submission of duly approved authentic
record to the client.
3.5 The quality and quantity assurance shall be the sole responsibility of the consultants
being the Engineer in charge of the project.
3.6 Supervision of the schemes since start of the work till final satisfactory completion of
all components as mentioned in the scope of the work.
3.7 Developing and ensuring Quality Assurance mechanism as per standards.
3.8 Expediting progress at the site as per work plan for timely completion of the project.
3.9 Preparation and Presentation of monthly progress report or any other review/report
requested by the client of the project.
3.10 Taking measurements of work carried out by the Contractors, preparations,
submissions and verification of interim payment certificate (IPCs) including final bill with all
supporting documents, security and any other advances extended to the
ccontractor/Subcontractor (if any) as per Government rules.
3.11 The detail installation supervision shall include planning, guidance, programming
approval, inspection, monitoring of construction activities, contractor’s performance,
quality/quantity control, implementation of work plans, drawings, design and specifications,
preparation and verification of variation orders including drawing, correspondence with the
contractor in capacity of the Engineer in charge and to maintain a good liaison with the client
office including all other duties pertinent to the construction phase of the project with the
prime objective to complete the work in the best Govt. interest, including PC-IV Performa
and Handing over, taking over certificate duly signed by the Client Department.
4. POST COMPLETION STAGE:
4.1.1 Submission of as-built drawing for project/completion report/PC-IV after successful
completion of the project and handover the facility to the Cclient Department
thereafter.
4.1.2 The Consultants will periodically visit completed projects during Defect Liability
period for prompt & efficient maintenance work through the contractors.
4.1.3 Processing and recommendation of contractor’s security after successful completion
of Defect Liability Period.
4.2 The Consultants will be responsible for overall financial responsibilities of the project
including availability at the time of external audit and clearance of audit matters with
the Accountant General office.

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TORs for services

4.3 The Consultants will be accountable for any defects or losses or damages as a result
of proven faults, errors or omissions on the part of the Consultants during or after the
completion of the work (DLP) being the Engineer in charge
4.4 Approval of program/schedule of work submitted by the contractor.
4.6 Supervise/ check setting out of all structure/ Equipment’s and general layout of the
Solar Power System.
4.6.1 Approve those items/material fulfilling the specifications spelled out in the tender
documents/ contract Agreement.
4.7 Supervise implementation of the project in the capacity of Engineer to ensure that the
project is being implemented satisfactorily in accordance with approved drawings &
specifications.
4.7.1 Provide instructions to contractor, necessary for proper installation in Solar systems.
4.7.2 Carrying out necessary testing of all Equipment/material (i.e: Cables, Wires, etc) from
Government approved Laboratories according to protocols to ensure quality products
before and after installation of Solar system and related accessories.
4.7.3 Consultants will coordinate with all stakeholders for efficient, quality and timely
completion.
4.7.4 Provide adequate consultation and advice to the Employer in matters that crop up
during implementation stage.
4.7.5 Prepare and submit Monthly reports/PC-III and presentation on progress to PEDO.
4.7.6 Evaluate the user manuals both in Urdu / English languages prepared by the
contractor for handing over to the bbeneficiary.
4.8 Monitor awareness training to be delivered by the contractor to the local staff.
4.8.1 Assist the Employer in Liaison with the contractor.
4.8.2 Participate in coordination and progress review meetings convened at site and
Peshawar as and when required.
4.8.3 Preparation &Verification/Certification of IPC’s& final payments to the contractors
with supporting documents.
4.8.4 Provide adequate consultation and advice to the Employer on contractual issues.
4.8.5 Prepare variation order for approval of the Employer, if required as per site
requirement.
4.8.6 Prepare & submit PC-IV, PC-V of the project after its completion.
4.9 Consultant will arrange training sessions at local level to train the end users or a local
committee for Operation & Maintenance of the Solar Power Plants after completion
of Defect Liability Period of Contractors.

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4.10 RMS mechanism establishment through contractors and monitoring of faults and their
timely rectification
5 5. SCHEDULE OF PAYMENT:
6 As per Appendix-H

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Standard Form of Contract

STANDARD FORM OF CONTRACT


FOR
ENGINEERING CONSULTANCY SERVICES

LUMP SUM ASSIGNMENTS

P a g e | 52
Standard Form of Contract

CONTRACT FOR ENGINEERING CONSULTANCY SERVICES

between

_________________________________________________
(NAME OF THE CLIENT)

and

____________________________________________________
(NAME OF THE CONSULTANTS)

for

_________________________ (BRIEF SCOPE OF SERVICES)


OF __________________________________ (NAME OF PROJECT)

_______________________
Month and Year
Standard Form of Contract

TABLE OF CONTENTS

Page No.

1. FORM OF CONTRACT 1

II. GENERAL CONDITIONS OF CONTRACT 3

1. GENERAL PROVISIONS 3

1.1 Definitions 3
1.2 Law Governing the Contract 4
1.3 Language 4
1.4 Notices 4
1.5 Location 4
1.6 Authorised Representatives 4
1.7 Taxes and Duties 5
1.8 Leader of Joint Venture 5

2. COMMENCEMENT, COMPLETION, MODIFICATION,


AND TERMINATION OF CONTRACT 5

2.1 Effectiveness of Contract 5


2.2 Termination of Contract for Failure to Become Effective 5
2.3 Commencement of Services 5
2.4 Expiration of Contract 6
2.5 Modification 6
2.6 Extension of Time for Completion 6
2.7 Force Majeure 6
2.7.1 Definition 6
2.7.2 No Breach of Contract 7
2.7.3 Extension of Time 7
2.7.4 Payments 7
2.8 Suspension of Payments by the Client 7
2.9 Termination 8
2.9.1 By the Client 8
2.9.2 By the Consultants 8
2.9.3 Cessation of Services 9
2.9.4 Payment upon Termination 9
2.9.5 Disputes about Events of Termination 10

3. OBLIGATIONS OF THE CONSULTANTS 10

3.1 General 10
3.2 Consultants Not to Benefit from Commissions, Discounts, etc. 10
3.3 Confidentiality 10
3.4 Liability of the Consultants 11
3.5 Other Insurance to be Taken out by the Consultants 11
3.6 Consultants' Actions Requiring Client's Prior Approval 12
3.7 Reporting Obligations 12
3.8 Documents Prepared by the Consultants to be the Property
of the Client 12
3.9 Equipment and Materials Furnished by the Client 12
3.10 Accounting, Inspection and Auditing 13

4. CONSULTANTS' PERSONNEL AND SUBCONSULTANTS 13


Standard Form of Contract

4.1 Description of Personnel 13


4.2 Removal and/or Replacement of Personnel 13

5. OBLIGATIONS OF THE CLIENT 14

5.1 Assistance, Coordination and Approvals 14


5.1.1 Assistance 14
5.1.2 Co-ordination 14
5.1.3 Approvals 15
5.2 Access to Land 15
5.3 Change in the Applicable Law 15
5.4 Services and Facilities 15
5.5 Payments 15

6. PAYMENTS TO THE CONSULTANTS 16

6.1 Lump Sum Remuneration 16


6.2 Contract Price 16
6.3 Terms and Conditions of Payment 16
6.4 Period of Payment 16
6.5 Delayed Payments 16
6.6 Additional Services 17
6.7 Consultants' Entitlement to Suspend Services 17

7. SETTLEMENT OF DISPUTES 17

7.1 Amicable Settlement 17


7.2 Dispute Settlement 18

8. INTEGRITY PACT 18

III. SPECIAL CONDITIONS OF CONTRACT 19


[Details to be finalised by the users]

IV APPENDICES 25

Appendix A-Description of the Services 26


Appendix B-Reporting Requirements 27
Appendix C-Key Personnel and Subconsultants 28
Appendix D-Breakdown of Contract Price in Foreign Currency 29
Appendix E-Breakdown of Contract Price in Local Currency 30
Appendix F-Services and Facilities to be Provided by the Client 31
Appendix G-Integrity Pact 32
Appendix H-Payments Terms 33

V ALTRNATE TITLE PAGE IN CASE OF JV 34


ALTERNATE FORM OF CONTRACT IN CASE OF JV 35
Standard Form of Contract

FORM OF CONTRACT

[Notes: 1. Use this Form of Contract when the Consultants perform


Services as Sole Consultants.

2. In case the Consultants perform Services as a Member of the


joint venture, use the Form included at the end.

3. All notes should be deleted in the final text.]

This CONTRACT (hereinafter called the "Contract") is made on the __ day of


__ month) of ___ (year), between, on the one hand
______________________________
(hereinafter called the "Client" which expression shall include the successors,
legal representatives and permitted assigns) and, on the other hand,
______________________________________________________________
____ (hereinafter called the "Consultants" which expression shall include the
successors, legal representatives and permitted assigns).

WHEREAS

(a) the Client has requested the Consultants to provide certain consulting
services as defined in the General Conditions of Contract attached to
this Contract (hereinafter called the "Services"); and

(b) the Consultants, having represented to the Client that they have the
required professional skills, and personnel and technical resources,
have agreed to provide the Services on the terms and conditions set
forth in this Contract;

NOW THEREFORE the Parties hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an


integral part of this Contract:

(a) the General Conditions of Contract;


(b) the Special Conditions of Contract;
(c) the following Appendices:

[Note: If any of these Appendices are not used, the words "Not
Used" should be inserted below/next to the title of the Appendix
and on the sheet attached hereto carrying the title of that
Appendix.]

Appendix A : Description of the Services


Appendix B : Reporting Requirements
Appendix C : Key Personnel and Subconsultants
Appendix D : Breakdown of Contract Price in Foreign Currency

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Standard Form of Contract

Appendix E : Breakdown of Contract Price in Local Currency


Appendix F : Services & Facilities to be Provided by the Client
Appendix G: Integrity Pact (for Services above Rs. 10 million)

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

(a) the Consultants shall carry out the Services in accordance with
the provisions of the Contract; and

(b) the Client shall make payments to the Consultants in accordance


with the provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be


signed in their respective names in two identical counterparts, each of which
shall be deemed as the original, as of the day, month and year first above
written.

For and on behalf of

_________________________

Witness (CLIENT)

Signatures___________________ Signatures
________________

Name ______________________ Name


____________________

Title ________________________ Title


_____________________

(Seal)

For and on behalf of

_________________________

Witness (CONSULTANTS)

Signatures___________________ Signatures
________________

Name ______________________ Name


____________________

Title _______________________ Title _____________________

(Seal)

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Standard Form of Contract

II. GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions

Unless the context otherwise requires, the following terms whenever


used in this Contract have the following meanings:

(a) "Applicable Law" means the laws and any other instruments
having the force of law in the Islamic Republic of Pakistan, as
those may be issued and in force from time to time;

(b) "Contract" means the Contract signed by the Parties, to which


these General Conditions of Contract (GC) are attached,
together with all the documents listed in Clause 1 of such signed
Contract;

(c) "Contract Price" means the price to be paid for the performance
of the Services, in accordance with Clause 6;

(d) "Effective Date" means the date on which this Contract comes
into force and effect pursuant to Sub-Clause 2.1;

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

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


Pakistan and/or Provincial Government(s);

(g) "Foreign Currency" means currency other than the currency of


Islamic Republic of Pakistan.;

(h) "Local Currency" means the currency of the Islamic Republic of


Pakistan;

(i) "Member" in case the Consultants consist of a joint venture of


more than one entity, means any of the entities, and "Members"
means all of these entities;

(j) "Party" means the Client or the Consultants, as the case may be,
and "Parties" means both of them;

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


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

(l) "SC" means the Special Conditions of Contract by which the GC

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Standard Form of Contract

are amended or supplemented;

(m) "Services" means the work to be performed by the Consultants


pursuant to this Contract, as described in Appendix A;

(n) "Subconsultant" means any entity to which the Consultants


subcontract any part of the Services in accordance with the
provisions of Sub-Clause 3.6;

(o) "Third Party" means any person or entity other than the Client,
the Consultants or a Subconsultant; and

(p) "Project" means the work specified in SC for which engineering


consultancy services are desired.

1.2 Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between
the Parties shall be governed by the Applicable Law.

1.3 Language

This Contract has been executed in the English language which shall be
the binding and controlling language for all matters relating to the
meaning or interpretation of this Contract. All the reports and
communications shall be in the English language.

1.4 Notices

Any notice, request, or consent made pursuant to this Contract shall be


in writing and shall be deemed to have been made when delivered in
person to an Authorised Representative of the Party to whom the
communication is addressed, or when sent by registered mail, telex, or
facsimile to such Party at the address of the Authorised
Representatives specified under Sub-Clause SC 1.6. A Party may
change its address for notice hereunder by giving the other Party notice
of such change.

1.5 Location

The Services shall be performed at such locations as are specified in


Appendix A and, where the location of a particular task is not so
specified, at such locations as mutually agreed by the Parties.

1.6 Authorised Representatives

Any action required or permitted to be taken, and any document


required or permitted to be executed, under this Contract by the Client

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Standard Form of Contract

or the Consultants shall be taken or executed by the Authorised


Representatives specified in the SC.

1.7 Taxes and Duties

Unless specified in the SC, the Consultants, Subconsultants, and their


Personnel shall pay such taxes, duties, fees, and other impositions as
may be levied under the Applicable Law, the amount of which is
deemed to have been included in the Contract Price.

1.8 Leader of Joint Venture

In case the Consultants consist of a joint venture of more than one


entity, the Consultants shall be jointly and severally bound to the Client
for fulfillment of the terms of the Contract and designate the Member
named in the SC to act as leader of the Joint Venture, for the purpose of
receiving instructions from the Client.

2. COMMENCEMENT, COMPLETION, MODIFICATION,


AND TERMINATION OF CONTRACT

2.1 Effectiveness of Contract

This Contract shall come into force and effect on the date (the "Effective
Date") of the Client's notice to the Consultants instructing the
Consultants to begin carrying out the Services. This notice shall
confirm that the effectiveness conditions, if any, listed in the SC have
been met.

2.2 Termination of Contract for Failure to Become Effective

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

2.3 Commencement of Services

The Consultants shall begin carrying out the Services at the end of such
time period after the Effective Date as shall be specified in the SC.

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Standard Form of Contract

2.4 Expiration of Contract

Unless terminated earlier pursuant to Sub-Clause 2.9, this Contract


shall expire when, pursuant to the provisions hereof, the Services have
been completed and the payments of remunerations including the direct
costs if any, have been made. The Services shall be completed within
a period as is specified in the SC, or such extended time as may be
allowed under Sub-Clause 2.6.

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

2.5 Modification

Modification of the terms and conditions of this Contract, including any


modification of the scope of the Services or of the Contract Price, may
only be made in writing, which shall be signed by both the Parties.

2.6 Extension of Time for Completion

If the scope or duration of the Services is increased:

(a) the Consultants shall inform the Client of the circumstances and
probable effects;

(b) the increase shall be regarded as Additional Services; and

(c) the Client shall extend the time for Completion of the Services
accordingly.

2.7 Force Majeure

2.7.1 Definition

(a) For the purposes of this Contract, "Force Majeure" means an


event which is beyond the reasonable control of a Party and
which makes a Party's performance of its obligations under the
Contract impossible or so impractical as to be considered
impossible under the circumstances, and includes, but is not
limited to, war, riots, civil disorder, earthquake, fire, explosion,
storm, flood or other adverse weather conditions, strikes,
lockouts or other industrial actions (except where such strikes,
lockouts or other industrial actions are within the power of the
Party invoking Force Majeure to prevent), confiscation or any
other action by government agencies.

(b) Force Majeure shall not include (i) any event which is caused by
the negligence or intentional action of a Party or such Party's
Subconsultants or agents or employees, nor (ii) any event which

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Standard Form of Contract

a diligent Party could reasonably have been expected to both (A)


take into account at the time of the conclusion of this Contract
and (B) avoid or overcome in the carrying out of its obligations
hereunder.

(c) Force Majeure shall not include insufficiency of funds or failure to


make any payment required hereunder.

2.7.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations under the Contract
shall not be considered to be a breach of, or default under this Contract
insofar as such inability arises from an event of Force Majeure, provided
that the Party affected by such an event; (a) has taken all reasonable
precautions, due care and reasonable alternative measures in order to
carry out the terms and conditions of this Contract; and (b) has
informed the other Party in writing not later than fifteen (15) days
following the occurrence of such an event.

2.7.3 Extension of Time

Any period within which a Party shall, pursuant to this Contract,


complete any action or task, shall be extended for a period equal to the
time during which such Party was unable to perform such action as a
result of Force Majeure.

2.7.4 Payments

During the period of their inability to perform the Services as a result of


an event of Force Majeure, the Consultants shall be entitled to continue
to be paid under the terms of this Contract, as well as to be reimbursed
for additional costs reasonably and necessarily incurred by them during
such period for the purpose of the Services and in reactivating the
Services after the end of such period.

2.8 Suspension of Payments by the Client

The Client may, by written notice of suspension to the Consultants,


suspend all payments to the Consultants hereunder if the Consultants
fail to perform any of their obligations under this Contract, including the
carrying out of the Services, provided that such notice of suspension (i)
shall specify the nature of the failure, and (ii) shall request the
Consultants to remedy such failure within a period not exceeding thirty
(30) days after receipt by the Consultants of such notice of suspension.

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Standard Form of Contract

2.9 Termination

2.9.1 By the Client

The Client may terminate this Contract, by not less than thirty (30) days
written notice of termination to the Consultants, to be given after the
occurrence of any of the events specified in paragraphs (a) through (e)
of this Sub-Clause 2.9.1 and sixty (60) days' in the case of the event
referred to in paragraph (f):

(a) if the Consultants do not remedy a failure in the performance of


their obligations under the Contract, within thirty (30) days after
being notified or within any further period as the Client may have
subsequently approved in writing;

(b) if the Consultants become (or, if the Consultants consist of more


than one entity, if any of their Members becomes) insolvent or
bankrupt or enter into any agreements with their creditors for
relief of debt or take advantage of any law for the benefit of
debtors or go into liquidation or receivership whether compulsory
or voluntary;

(c) if the Consultants fail to comply with any final decision reached
as a result of arbitration proceedings pursuant to Clause 7
hereof;

(d) if the Consultants submit to the Client a statement which has a


material effect on the rights, obligations or interests of the Client
and which the Consultants know to be false;

(e) if, as the result of Force Majeure, the Consultants are unable to
perform a material portion of the Services for a period of not less
than sixty (60) days;

(f) if the Client, in its sole discretion, decides to terminate this


Contract.

2.9.2 By the Consultants

The Consultants may terminate this Contract, by not less than thirty (30)
days written notice to the Client, such notice to be given after the
occurrence of any of the events specified in paragraphs (a) through (d)
of this Sub-Clause 2.9.2:

(a) if the Client fails to pay any monies due to the Consultants
pursuant to this Contract and not subject to dispute pursuant to
Clause 7 within forty-five (45) days after receiving written notice

Page |8
Standard Form of Contract

from the Consultants that such payment is overdue;

(b) if the Client is in material breach of its obligations pursuant to this


Contract and has not remedied the same within forty-five (45)
days (or such longer period as the Consultants may have
subsequently approved in writing) following the receipt by the
Client of the Consultants' notice specifying such breach;

(c) if, as a result of Force Majeure, the Consultants are unable to


perform a material portion of the Services for a period of not less
than sixty (60) days;

(d) if the Client fails to comply with any final decision reached as a
result of arbitration proceedings pursuant to Clause 7 hereof.

2.9.3 Cessation of Services

Upon receipt of notice of termination under Sub-Clause 2.9.1, or giving


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

2.9.4 Payment upon Termination

Upon termination of this Contract pursuant to Sub-Clauses 2.9.1 or


2.9.2, the Client shall make the following payments to the Consultants:

(a) remuneration and reimbursable direct costs expenditure pursuant


to Clause 6 for Services satisfactorily performed prior to the
effective date of termination. Effective date of termination for
purposes of this Sub-Clause means the date when the
prescribed notice period would expire;

(b) except in the case of termination pursuant to paragraphs (a)


through (d) of Sub-Clause 2.9.1, reimbursement of any
reasonable cost incidental to the prompt and orderly termination
of the Contract, including the cost of the return travel of the
Personnel, according to Consultants Traveling Allowance Rules.

In order to compute the remuneration for the part of the Services


satisfactorily performed prior to the effective date of termination, the
respective remunerations shall be proportioned.

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Standard Form of Contract

2.9.5 Disputes about Events of Termination

If either Party disputes whether an event specified in paragraphs (a)


through (e) of Sub-Clause 2.9.1 or in paragraph (a) through (d) of Sub-
Clause 2.9.2 hereof has occurred, such Party may, within forty-five (45)
days after receipt of notice of termination from the other Party, refer the
matter to arbitration pursuant to Clause 7 hereof, and this Contract shall
not be terminated on account of such event except in accordance with
the terms of any resulting arbitral award.

3. OBLIGATIONS OF THE CONSULTANTS

3.1 General

The Consultants shall perform the Services and carry out their
obligations with all due diligence, efficiency, and economy, in
accordance with generally accepted professional techniques and
practices, and shall observe sound management practices, and employ
appropriate advanced technology and safe methods. The Consultants
shall always act, in respect of any matter relating to this Contract or to
the Services, as faithful advisers to the Client, and shall at all times
support and safeguard the Client's legitimate interests in any dealings
with Subconsultants or third parties.

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

The remuneration of the Consultants pursuant to Clause 6 shall


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

3.3 Confidentiality

The Consultants, their Subconsultants, and the Personnel of either of


them shall not, either during the term or after the expiration of this
Contract, disclose any proprietary or confidential information relating to
the Project, the Services, this Contract, or the Client's business or
operations without the prior written consent of the Client.

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Standard Form of Contract

3.4 Liability of the Consultants

The Consultants are liable for the consequence of errors and omissions
on their part or on the part of their employees in so far as the design of
the Project is concerned to the extent and with the limitations as
mentioned hereinbelow.

If the Client suffers any losses or damages as a result of proven faults,


errors or omissions in the design of a project, the Consultants shall
make good such losses or damages, subject to the conditions that the
maximum liability as aforesaid shall not exceed twice the total
remuneration of the Consultants for design phase in accordance with
the terms of the Contract.

The liability of the Consultants expires after one (1) year from the
stipulated date of completion of construction or after three (3) years
from the date of final completion of the design whichever is earlier.

The Consultants may, to protect themselves, insure themselves against


their liabilities but this is not obligatory. The extent of the insurance
shall be up to the limit specified in second para above. The Consultants
shall procure the necessary cover before commencing the Services and
the cost of procuring such cover shall be borne by the Consultants up to
a limit of one percent of the total remuneration of the Consultants for the
design phase for every year of keeping such cover effective.

The Consultants shall, at the request of the Client, indemnify the Client
against any or all risks arising out of the furnishing of professional
services by the Consultants to the Client, not covered by the provisions
contained in the first para above and exceeding the limits set forth in
second para above provided the actual cost of procuring such indemnity
as well as costs exceeding the limits set forth in fourth para above shall
be borne by the Client.

3.5 Other Insurance to be Taken out by the Consultants

The Consultants (a) shall take out and maintain, and shall cause any
Subconsultants to take out and maintain, at their (or the
Subconsultants', as the case may be) own cost but on terms and
conditions approved by the Client, insurance against the risks, and for
the coverage, as are specified in the SC; and (b) at the Client's request,
shall provide evidence to the Client showing that such insurance has
been taken out and maintained and that the current premiums have
been paid.

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3.6 Consultants' Actions Requiring Client's Prior Approval

The Consultants shall obtain the Client's prior approval in writing before
taking any of the following actions:

(a) appointing such Personnel as are listed in Appendix-C merely by


title but not by name;

(b) entering into a subcontract for the performance of any part of the
Services, it being understood (i) that the selection of
Subconsultants and the terms and conditions of the subcontract
shall have been approved in writing by the Client prior to the
execution of the subcontract, and (ii) that the Consultants shall
remain fully liable for the performance of the Services by the
Subconsultants and its Personnel pursuant to this Contract;

(c) any other action that may be specified in the SC.

3.7 Reporting Obligations

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

3.8 Documents Prepared by the Consultants to be the Property of the


Client

All plans, drawings, specifications, reports, and other documents and


software prepared by the Consultants in accordance with Sub-Clause
3.7 shall become and remain the property of the Client, and the
Consultants shall, not later than upon termination or expiration of this
Contract, deliver (if not already delivered) all such documents and
software to the Client, together with a detailed inventory thereof. The
Consultants may retain a copy of such documents and software.

Restriction(s) about the future use of these documents is specified in


the SC.

3.9 Equipment and Materials Furnished by the Client

Equipment and materials made available to the Consultants by the


Client, or purchased by the Consultants with funds provided exclusively
for this purpose by the Client, shall be the property of the Client and
shall be marked accordingly. Upon termination or expiration of this
Contract, the Consultants shall make available to the Client an inventory
of such equipment and materials and shall dispose of such equipment
and materials in accordance with the Client's instructions or afford
salvage value of the same. While in possession of such equipment and
materials, the Consultants, unless otherwise instructed by the Client in

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writing, shall insure them at the expense of the Client in an amount


equal to their full replacement value.

3.10 Accounting, Inspection and Auditing

The Consultants (i) shall keep accurate and systematic accounts and
records in respect of the Services hereunder, in accordance with
internationally accepted accounting principles and in such form and
detail as will clearly identify all relevant time charges, and cost, and the
basis thereof, and (ii) shall permit the Client or its designated
representatives periodically, and up to one year from the expiration or
termination of this Contract, to inspect the same and make copies
thereof as well as to have them audited by auditors appointed by the
Client.

4. CONSULTANTS' PERSONNEL AND SUBCONSULTANTS

4.1 Description of Personnel

The titles, agreed job descriptions, minimum qualifications, and


estimated periods of engagement in the carrying out of the Services of
the Consultants' Key Personnel are described in Appendix C. The Key
Personnel and Subconsultants listed by title, as the case may be, in
Appendix C are deemed to be approved by the Client.

4.2 Removal and/or Replacement of Personnel

(a) Except as the Client may otherwise agree, no changes shall be


made in the Key Personnel. If, for any reason beyond the
reasonable control of the Consultants, it becomes necessary to
replace any of the Key Personnel, the Consultants shall provide
as a replacement a person of equivalent or better qualifications;

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

(c) Except as the Client may otherwise agree, the Consultants shall;
(i) bear all the additional travel and other costs arising out of or
incidental to any removal and/or replacement; and (ii) bear any
additional remuneration, to be paid for any of the Personnel
provided as a replacement to that of the Personnel being
replaced.

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5. OBLIGATIONS OF THE CLIENT

5.1 Assistance, Coordination and Approvals

5.1.1 Assistance

The Client shall use its best efforts to ensure that the Client shall:

(a) provide at no cost to the Consultants, Subconsultants and


Personnel such documents prepared by the Client or other
consulting engineers appointed by the Client as shall be
necessary to enable the Consultants, Subconsultants or
Personnel to perform the Services. The documents and the time
within which such documents shall be made available, are as
specified in the SC;

(b) assist to obtain the existing data pertaining or relevant to the


carrying out of the Services, with various Government and other
organisations. Such items unless paid for by the Consultants
without reimbursement by the Client, shall be returned by the
Consultants upon completion of the Services under this Contact;

(c) issue to officials, agents and representatives of the concerned


organisations, all such instructions as may be necessary or
appropriate for prompt and effective implementation of the
Services;

(d) assist to obtain permits which may be required for right-of-way,


entry upon the lands and properties for the purposes of this
Contract;

(e) provide to the Consultants, Subconsultants, and Personnel any


such other assistance and exemptions as may be specified in the
SC.

5.1.2 Co-ordination

The Client shall:

(a) coordinate and get or expedite any necessary approval and


clearances relating to the work from any Government or Semi-
Government Agency, Department or Authority, and other
concerned organisation named in the SC.

(b) coordinate with any other consultants employed by him.

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5.1.3 Approvals

The Client shall accord approval of the documents within such time as
specified in the SC, whenever these are applied for by the Consultants.

5.2 Access to Land

The Client warrants that the Consultants shall have, free of charge,
unimpeded access to all land of which access is required for the
performance of the Services.

5.3 Change in the Applicable Law

If, after the date of this Contract, there is any change in the Applicable
Law which increases or decreases the cost of the Services rendered by
the Consultants, then the remunerations and direct costs otherwise
payable to the Consultants under this Contract shall be increased or
decreased accordingly, and corresponding adjustment shall be made to
the amounts referred to in Sub-Clause 6.2 (a) or (b), as the case may
be.

5.4 Services and Facilities

The Client shall make available to the Consultants, Subconsultants and


the Personnel, for the purpose of the Services and free of any charge,
the services, facilities and property described in Appendix F at the
times and in the manner specified in said Appendix F, provided that if
such services, facilities and property shall not be made available to the
Consultants as and when so specified, the Parties shall agree on; (i)
any time extension that it may be appropriate to grant to the
Consultants for the performance of the Services; (ii) the manner in
which the Consultants shall procure any such services, facilities and
property from other sources; and (iii) the additional payments, if any, to
be made to the Consultants as a result thereof pursuant to Clause 6
hereinafter.

5.5 Payments

In consideration of the Services performed by the Consultants under


this Contract, the Client shall make to the Consultants such payments
and in such manner as is provided by Clause 6 of this Contract.

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6. PAYMENTS TO THE CONSULTANTS

6.1 Lump Sum Remuneration

The Consultants' total remuneration shall not exceed the Contract Price
and shall be a fixed lump sum including all staff costs, incurred by the
Consultants in carrying out the Services described in Appendix A. Other
reimbursable direct costs expenditure, if any, are specified in the SC.
Except as provided in Sub-Clause 5.3, the Contract Price may only be
increased above the amounts stated in Sub-Clause 6.2 if the Parties
have agreed to additional payments in accordance with Sub-Clauses
2.5, 2.6, 5.4 or 6.6.

6.2 Contract Price

(a) Foreign currency payment shall be made in the currency or


currencies specified as foreign currency or currencies in the SC,
and local currency payment shall be made in Pakistani Rupees.

(b) The SC shall specify the break up of remuneration to be paid,


respectively, in foreign and in local currencies.

6.3 Terms and Conditions of Payment

Payment will be made to the account of the Consultants and according


to the payment schedule stated in the SC. Payments shall be made
after the conditions listed in the SC for such payments have been met,
and the Consultants have submitted an invoice to the Client specifying
the amount due.

6.4 Period of Payment

(a) Advance payment to the Consultants shall be affected within the


period specified in the SC, after signing of the Contract
Agreement between the Parties.

(b) Any other amount due to the Consultants shall be paid by the
Client to the Consultants within twenty-eight (28) days in case of
local currency and fifty six (56) days in case of foreign currency
after the Consultants' invoice has been delivered to the Client.

6.5 Delayed Payments

If the Client has delayed payments beyond the period stated in


paragraph (b) of Sub-Clause 6.4, financing charges shall be paid to the
Consultants for each day of delay at the rate specified in the SC.

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6.6 Additional Services

Additional Services means:

(a) Services as approved by the Client outside the Scope of


Services described in Appendix A;

(b) Services to be performed during the period extended pursuant to


Sub-Clause 2.6, beyond the original schedule time for completion
of the Services; and

(c) any re-doing of any part of the Services as a result of Client's


instructions.

If, in the opinion of the Client, it is necessary to perform Additional


Services during the currency of the Contract for the purpose of the
Project, such Additional Services shall be performed with the prior
concurrence of both the Parties. The Consultants shall inform the Client
of the additional time (if any), and the additional remuneration and
reimbursable direct costs expenditure for such Additional Services. If
there is no disagreement by the Client within two weeks of this
intimation, such additional time, remuneration and reimbursable direct
costs expenditure shall be deemed to become part of the Contract.
Such remuneration and reimbursable direct costs expenditure shall be
determined on the basis of rates provided in Appendices D and E, in
case the Additional Services are performed during the scheduled period
of the Services, otherwise remuneration for Additional Services shall be
determined on the basis of Consultants' billing rates prevailing at the
time of performing the Additional Services.

6.7 Consultants' Entitlement to Suspend Services

If the Client fails to make the payment of any of the Consultants' invoice
(excluding the advance payment), within twenty-eight (28) days after the
expiry of the time stated in paragraph (b) of Sub-Clause 6.4, within
which payment is to be made, the Consultants may after giving not less
than fourteen (14) days' prior notice to the Client, suspend the Services
or reduce the rate of carrying out the Services, unless and until the
Consultants have received the payment.

This action will not prejudice the Consultants entitlement to financing


charges under Sub-Clause 6.5.

7. SETTLEMENT OF DISPUTES

7.1 Amicable Settlement

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

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7.2 Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this


Contract which cannot be settled amicably within thirty (30) days after
receipt by one Party of the other Party's request for such amicable
settlement may be submitted by either Party for settlement in
accordance with the provisions of the Arbitration Act, 1940 (Act No.X of
1940) and of the Rules made thereunder and any statutory
modifications thereto.

Services under the Contract shall, if reasonably possible, continue


during the arbitration proceedings and no payment due to or by the
Client shall be withheld on account of such proceedings.

8. INTEGRITY PACT

8.1 If the Consultant or any of his Subconsultants, agents or servants is


found to have violated or involved in violation of the Integrity Pact
signed by the Consultant as Appendix-G to this Form of Contract, then
the Client shall be entitled to:

(a) recover from the Consultant an amount equivalent to ten times


the sum of any commission, gratification, bribe, finder’s fee or
kickback given by the Consultant or any of his Subconsultant,
agents or servants;

(b) terminate the Contract; and

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

On termination of the Contract under Sub-Para (b) of this Sub-Clause,


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

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III. SPECIAL CONDITIONS OF CONTRACT

No. Amendments of, and Supplements to, Clauses in the General


of GC Conditions of Contract
Claus
e

1.1 Definitions

(p) "Project" means "Solarization of masajid, madrasa, janaz-gah &


eid-gah at uc’s balkot, shingal dra, bartoni, harnail, shatal, judba,
manjakot, palosa, kand akazai, mera mada khel, shadag of
district torghar”

1.6 Authorised Representatives

The Authorised Representatives are the following:

For the Client:

Project Director (Solar)


House No-1, Old Bara Road,
University Town Peshawar.
Telephone : (+92-91) 7254668
Facsimile : (+92-91) 9217340
E.Mail : [email protected]

For the Consultants:

_______________________________ (Name of Project


Manager)
_______________________________ (Project)
_______________________________ (Address)
_______________________________
_______________________________
Telephone : ___________________
Facsimile : ___________________
E.Mail : ___________________

1.7 Taxes and Duties

All type of taxes and duties e-g income tax, security etc at the prevailing
Government rate shall be deducted by the client from consultant’s
invoices as per TOR, however payment of other taxes, fees etc as may

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be levied under the applicable e law in Khyber Pakhtunkhwa, in respect


of consultant and sub consultant and their personnel’s shall be
responsibility of the consultants.

1.8 Leader of the Joint Venture

The leader of the Joint Venture is .................................... (name of the


Member of the Joint Venture).

[Note: If the Consultants do not consist of more than one entity, the
Sub-Clause 1.8 should be deleted.]

2.1 Effectiveness of Contract

The date on which this Contract shall come into effect is the date when
the Contract is signed by both the Parties and the amount of advance
payment due upon signing of the Contract is received by the
Consultants.

2.2 Termination of Contract for Failure to Become Effective

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

2.3 Commencement of Services

The Consultants shall commence the Services within seven (07) days
after the date of signing of Contract Agreement, or such other time
period as the Parties may agree in writing.

2.4 Expiration of Contract

The period of completion of Services shall be Thirty Six (36) months


from the Commencement Date of the Services or such other period as
the Parties may agree in writing. The services are estimated to be
completed before_________

"Completion of Services" means: Completion of services as listed in the


Appendix – A

3.4 Risk & Coverage

The risks and the coverage shall be as follows:


(a) Third party motor vehicle liability insurance in respect of motor vehicles
operated by the Consultant or its Personnel or any Sub Consultants or their
Personnel, with a minimum coverage of [insert amount and currency];

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(b) Third party liability insurance, with a minimum coverage of [insert


amount and currency];
(c) professional liability insurance, with a minimum coverage of [insert
amount and currency];
3.6 Consultants' Actions Requiring Client's Prior Approval

The Consultants shall also clear with the Client, before commitments on
any action they propose to take under the following:

i) Issuing Variations Orders in respect of:

- additional items of Works as determined by the Engineer


to be necessary for the execution of Works.

- any new item of the Works not envisaged in the Contract


Documents and which is determined by the Engineer to be
necessary for the execution of Works.

- any item of Works covered under Provisional Sums

ii) Claim from the Contractor for extra payment with full supporting
details and Consultants recommendations, if any, for settlement.

iii) Details approval of any nominated sub-contracts.

iv) Any action under terms of Performance Guarantee or Insurance


Policy.

v) Any action by the Consultants affecting the costs under the


following clauses of Conditions of Contract of the Construction
Contract.

- Adverse Physical Conditions and Artificial Obstructions


- Suspension of Works
- Bonus and Liquidated Damages
- Certificate of Completion of Works
- Defects Liability Certificate
- Forfeiture
- Special Risks
- Frustration

vi) Final Measurement Statement

vii) Release of Retention Money

3.8 Documents Prepared by the Consultants to be the Property of the


Client

The Client and the Consultants shall not use these documents for

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purposes unrelated to this Contract without the prior written approval of


the other Party.

3.9 Liability of the Consultants

(a) The Consultant's liability shall be limited to losses attributable to failure


to exercise due care and diligence, in accordance with generally
accepted professional standards.

The Consultants are liable for the consequence of errors and omissions
on their part or on the part of their employees in the performance of the
Services on the Project to the extent and with the limitations as
mentioned herein below.

Except in case of gross negligence or willful misconduct on the part of


the Consultants or on the part of any person or firm acting on behalf of
the Consultants in carrying out the Services, the Consultants shall not
be liable to the Client for:

(i) Any indirect or consequential loss or damage, including lost


revenue or business interruption; and
(ii) Any direct loss or damage that exceeds:

A) Twice the remuneration of the Consultants


B) Liability that exceeds the proceeds received by the Consultants from
the Insurance procured locally in accordance with the terms of
clause 3.4
(b) This limitation of lability shall not affect the Consultants' liability, if any,
for damage to Third Parties caused by the Consultants or any person or
firm acting on behalf of the Consultants in carrying out the Services.

(c) Except for the delays covered under Clause 2.5, Force Majeure and
other circumstances over which the Consultants have no control, if the
Consultants fail to complete the Services within the period(s) specified
in the Activity Schedule / Work Plan as modified from time to time,
resulting in extra cost, Contractor's claims or deprivation of other
benefits to the Client, the Client shall as its sole remedy under the
Contract, deduct from the Consultancy Contract Price as compensation,
a sum equivalent to the rate specified in Clause 3.9 (d) of the Special
Conditions of Contract for the unperformed Services for each days
delay until actual completion of the activity / activities, up to a maximum
amount specified in Clause 3.9 (d) hereof for that activity. Payment of
compensation shall not affect the Consultant's other liabilities under the
Contract.

The Consultants shall not be held liable for delays attributable to their
exercise of professional due diligence.

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(d) Extent of Compensation

(i) The amount of compensation will be at the rate per day to be


determined on the basis of remuneration of the Consultants for the
delayed activities. The amount shall not exceed PKR 5,000 (Pakistani
Rupees five thousand) per day per activity.

(ii) The maximum limit of compensation will not exceed the total
remuneration for the delayed activities or PKR 50,000 (Pakistani
Rupees fifty thousand) per delay and PKR 500,000 (Pakistani Rupees
five hundred thousand) in the maximum aggregate hereunder,
whichever is less.

5.1.1 Assistance

(a) The Client shall make available within ...... days from the
Commencement Date, the documents namely
........................................................................................................
........................................................................................................
....................

5.1.3 Approvals

The Client shall accord approval of the documents immediately but not
later than Fifteen (15) days from the date of their submission by the
Consultants.

6.1 Lump Sum Remuneration

[Note: In case there are other expenditures in respect of which


reimbursement is allowed in addition to the lump sum
remuneration, details of such reimbursable direct costs
expenditure which may include Subconsultants' costs, printing,
communications, travel, accommodation etc., may be indicated
herein. Each item shall be specified whether it is payable on the
basis of (a) lump sum monthly rate; or (b) reimbursement of
actual expenditures.]

6.2 Contract Price

The amount in Pak Rupees is (Value of Contract) inclusive of all Taxes.

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6.3 Terms and Conditions of Payment

All the payment will be made in the name of “(Name of Consultant)”.


Payments will be made to the Consultant as per details / Schedule
provided in the Appendix-H.
Payments due to the Consultants shall be paid by the Client to the
Consultants within Twenty Eight (28) days after the Consultants' invoice
has been delivered to the Client.

6.4 Period of Payment

(a) The time period for advance payment shall be 45 days after
signing of Contract Agreement by both the Parties.

6.5 Delayed Payments

Financing charges are as under:

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

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IV APPENDICES

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Appendix A

Description of the Services

As mentioned in the TOR (Section 5)

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Appendix B

Reporting Requirements

The Consultant shall submit the following reports (in both Hard and Soft copies):

Sr.N
o Number of
Submission / Report Due Date
Copies
1. Progress Report (Monthly) 01 On every 10th day of the
month

2. Revised PC-1 (if required) 05 01 Week after written


instructions from the client

3. Submission of report of Installation with 01 Along with Submission of


each IPC. each IPC.
(including Handing/Taking Over
Certificate)
4. Project Completion Report 03 On the completion of Project

5. (PC-IV) 03 01 Month after completion


of Project

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Appendix C

Key Personnel and Subconsultants

As per Clause 3.3 of Special Condition of Contract

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Appendix D

Breakdown of Contract Price in Foreign Currency

Not Applicable (NA)

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Appendix E

Breakdown of Contract Price in Local Currency

CONSULTANCY SERVICES FOR PROJECT "SOLARIZATION OF MASAJID, MADRASA, JANAZ-


GAH & EID-GAH AT UC’S BALKOT, SHINGAL DRA, BARTONI, HARNAIL, SHATAL, JUDBA,
MANJAKOT, PALOSA, KAND AKAZAI, MERA MADA KHEL,
SHADAG OF DISTRICT TORGHAR”

SUMMARY OF COSTS

Description Costs (Pak Rupees)

Salary Cost / Remuneration

Total

In Words :

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Appendix F

Services and Facilities to be Provided by the Client

The Client shall make available the following Services and Facilities:

The Procuring Entity will provide assistance with regard to arrangement of NOC, any documents
required by the contractors. Security arrangement will be the responsibility of the Contractor.

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Appendix G

(INTEGRITY PACT)

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.


PAYABLE BY THE SUPPLIERS OF GOODS, SERVICES & WORKS IN
CONTRACTS WORTH RS. 10.00 MILLION OR MORE

Contract No.________________ Dated __________________


Contract Value: ________________
Contract Title: “Solarization Of Masajid, Madrasa, Janaz-Gah & Eid-Gah At Uc’s
Balkot,Shingal dra, Bartoni, Harnail, Shatal, Judba, Manjakot, Palosa, Kand Akazai, Mera
Mada Khel, Shadag Of District Torghar”

………………………………… [name of Supplier] hereby declares that it has not obtained


or induced the procurement of any contract, right, interest, privilege or other obligation or
benefit from Government of Pakistan (GoP) or any administrative subdivision or agency
thereof or any other entity owned or controlled by GoP through any corrupt business
practice.

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

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

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

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

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


Development
Organization
Signature: ……………………
(PEDO), Peshawar Signature: …………………………
[Seal] [Seal]

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Appendix H

A. DESIGN/BIDDING PHASE:
30 % payment on completion of the following activities:

Sr. Percent of
Activity description
No Payment
Upon submission and approval of Inception Report, aprroval of design,
1 10 %
approval/Evaluation of Pre-qualification of Contractor
Upon submission & approval of bidding documents, advertisement for
2 05%
invitation of bids,

3 Upon submission & approval of Contract agreement, LOA 05%

4 Signing of Contract Agreement with contractors 05%

5 Product approval & Commencement orders 05%

A. SUPERVISION & DLP PHASE:


70 % Payment will be made as per details given below:
10 % on completion of 10 % of contractor work. (Complete Units)
10 % on completion of 20 % of contractor work. (Complete Units)
10 % on completion of 30 % of contractor work. (Complete Units)
10 % on completion of 50 % of contractor work. (Complete Units)
10 % on completion of 60 % of contractor work. (Complete Units)
10 % on completion of 80 % of contractor work. (Complete Units)
10 % on completion of 100 % of contractor work. (Complete Units)

Note:
1. The scope of services may increase/decrease as per Government instructions.
The contract cost will be proportionally adjusted accordingly as per
provision of the contract.
2. Each invoice of consultant during the supervision phase shall be accompanied
by the following:
• Project/Site Report along with Pictures
• Quality assurance certificate of installed equipment
• Handing taking certificates/Affidavit
• All documents duly verified by site Engineers and Project Manager/ Team Leader.

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Standard Form of Contract

CONTRACT FOR ENGINEERING CONSULTANCY SERVICES

LUMP SUM REMUNERATION

between

________________________________________________
(NAME OF THE CLIENT)

and

_________________________________________________

(NAME OF THE JOINT VENTURE OF THE CONSULTANTS)

for

_______________________(BRIEF SCOPE OF SERVICES)

OF____________________________(NAME OF PROJECT)

_______________________
Month and Year

___________ (NAME OF THE JOINT VENTURE OF THE CONSULTANTS)


_________________ (Name of Individual Consultants)
_________________ (Name of Individual Consultants)

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FORM OF CONTRACT

[Note: Use this Form of Contract when the Consultants performs Services as Joint
Venture.

This CONTRACT (hereinafter called the "Contract") is made on the ________ day of
____ [month] of ____ [year], between, on the one hand, ___________________
___________________________________________________________________
___________________________________________________________________
________________

(hereinafter called the "Client" which expression shall include the successors, legal
representatives and permitted assigns) and, on the other hand, a joint venture
consisting of the following entities, each of which will be jointly and severally liable to
the Client for all the Consultants' obligations under this Contract, namely:

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________

(hereinafter collectively called the "Consultants" which expression shall include its
successors, legal representatives and permitted assigns).

WHEREAS

(a) the Client has requested the Consultants to provide certain consulting
services as defined in the General Conditions of Contract attached to this
Contract (hereinafter called the "Services"); and

(b) the Consultants, having represented to the Client that they have the required
professional skills, and personnel and technical resources, have agreed to
provide the Services on the terms and conditions set forth in this Contract;

NOW THEREFORE the Parties hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral


part of this Contract:

(a) the General Conditions of Contract;


(b) the Special Conditions of Contract;
(c) the following Appendices:

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[Note: If any of these Appendices are not used, the words "Not Used" should
be inserted below next to the title of the Appendix and on the sheet
attached hereto carrying the title of that Appendix.]

Appendix A: Description of Services


Appendix B: Reporting Requirements
Appendix C: Key Personnel and Subconsultants
Appendix D: Breakdown of Contract Price in Foreign Currency
Appendix E: Breakdown of Contract Price in Local Currency
Appendix F: Services & Facilities to be Provided By the Client
Appendix G: Integrity Pact (for Services above Rs. 10 Million)

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

(a) the Consultants shall carry out the Services in accordance with the
provisions of the Contract; and

(b) the Client shall make payments to the Consultants in accordance with
the provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed
in their respective names in two identical parts each of which shall be deemed as the
original, as of the day, month and year first above written.

For and on behalf of


______________________

CLIENT'S NAME
Witness

Signature ___________________ Signature


________________
Name ______________________ Name
____________________
Title _______________________ Title _____________________
(Seal)

For and on behalf of


_______________________________________________
NAME OF THE JOINT VENTURE OF THE CONSULTANTS

_________________________
Name of Member No. 1

Witness

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Signature ___________________ Signature ________________
Name ______________________ Name ____________________
Title _______________________ Title _____________________
(Seal)
_________________________
Name of Member No. 2

Witness

Signature ___________________ Signature ________________


Name ______________________ Name ____________________
Title _______________________ Title _____________________
(Seal)

________________________
Name of Member No. 3
Witness

Signature ___________________ Signature ________________


Name ______________________ Name ____________________
Title _______________________ Title _____________________
(Se

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