REQUEST FOR EXPRESSION OF INTEREST Policies and … · Income Tax and Sales Tax Departments (FBR /...

REQUEST FOR EXPRESSION OF INTEREST

Policies and Procedures Review and Redesign (Tender No.MRD/PLCP/RD/FIN/211)

1. Pakistan National Shipping Corporation (PNSC) is a National Flag carrier under the administrative control of the Ministry of Maritime Affairs, Government of Pakistan, having its head office at PNSC Building, M.T. Khan Road, Karachi, Pakistan, invites Expression Of Interest (EOI) from the interested consultants/consultant firms, who are on Active Taxpayers List of the Federal Board of Revenue, registered with Income Tax and Sales Tax Departments (FBR / SRB) and have valid Sindh Professional Tax Certificate & valid NTN for review of PNSC’s existing standard operating procedures, propose improvements therein as per the best practice and update or re-design standard operating procedures, under Public Procurement Rules, 2004 36(b) (Single Stage – Two Envelopes procedure).

2. Method of selection will be “Quality and Cost Based Selection” under Regulation 3(B) of the Procurement of Consultancy Services Regulations, 2010 of the PPRA Manual. Interested consultants or consultancy firms must have minimum experience of successful completion of three projects of similar nature in preferably shipping/chartering business interalia including experience and strong knowledge of the international as well as the local factors which have an impact on shipping business. Interested consultant / consultancy firm in the business of shipping sector may have option to associate to complement their respective areas of expertise, strengthening the technical responsiveness of their proposals and make available bigger pool of experts who shall have knowledge of the international or local prospective on the issue.

3. Expression of Interest documents are available at address hereunder from Monday to Friday (during Ramadan 08:00 AM to 01:30 PM) after Ramadan timings during office hours 09:00 AM to 04:30 PM till June 26

th, 2018. EOI documents can also be downloaded from PNSC

website www.pnsc.com.pk free of cost.

4. The expression of interest in separate sealed envelopes “Technical” and “Financial” proposals, duly filled-in, signed and stamped alongwith other documents accompanied with Earnest Money equivalent to 2% of bid value. (refundable to unsuccessful Bidder), through Pay Order, Cash Deposit Receipt CDR, Demand Draft or Bank Guarantee issued only by a scheduled commercial bank operating in Pakistan in favour of “Pakistan National Shipping Corporation” in accordance with the instructions in the EOI documents, shall be received at first floor Conference room PNSC Building by 1100 hours PST on June 27

th, 2018. The expression (Technical Proposal) will be opened o n

the same day at 1130 hours PST in the presence of representative of Consultant/Firm. Tender advertisement i s also available on PPRA website at www.ppra.org.pk.

5. PNSC reserves the right to accept or reject any or all EOI strictly as per PPR, 2004 and no claims whatsoever in this respect shall be entertained. PNSC’s decision in this respect shall be final and binding upon all the participants. Further information can be obtained from following:

Syed Zeeshan Taqvi, General Manager (Finance) Finance Department, 12

th Floor, PNSC Building,

M.T Khan Road, Karachi (Pakistan) Tel: No. + 92-21-99204059, Fax No. + 92-21-99203974

Email: [email protected]

http://www.pnsc.com.pk/http://www.ppra.org.pk/mailto:[email protected]

TENDER NO.MRD/PLCP/RD/FIN/211

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PAKISTAN NATIONAL SHIPPING CORPORATION

EXPRESSION OF INTEREST DOCUMENTS

POLICIES AND PROCEDURES REVIEW AND REDESIGN


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TABLE OF CONTENT

SECTION – A ............................................................................................................................ 3

1 BACKGROUND: ........................................................................................................................... 3

SECTION – B ............................................................................................................................ 4

1 OVERALL OBJECTIVE OF THE PROJECT: ....................................................................................... 4 2 SCOPE OF THE WORK: ................................................................................................................. 4 3 QUALIFICATION CRITERIA AND REQUIREMENT: ............................................................................. 6 4 CONFIDENTIALITY: ...................................................................................................................... 7 5 COST OF BIDDING: ...................................................................................................................... 8 6 CLARIFICATION ON BIDDING DOCUMENT ...................................................................................... 8 7 AMENDMENT / ADDITIONS OR DELETION: ..................................................................................... 8 8 EXTENSION IN SUBMISSION DATES............................................................................................... 8 9 SUBMISSION OF BID .................................................................................................................... 8 10 LANGUAGE OF BIDS .................................................................................................................... 8 11 HOW TO APPLY ........................................................................................................................... 8 12 SINGLE STAGE TWO ENVELOP BID PROCESS ............................................................................... 8 13 CORRECTION IN BIDS ................................................................................................................ 12 14 LETTER OF ACCEPTANCE AND AWARD OF CONTRACT ................................................................ 12 15 PNSC’S RIGHT ......................................................................................................................... 13 16 SIGNING OF CONTRACT AGREEMENT ......................................................................................... 13 17 TRANSPARENCY OF THE PROCESS ............................................................................................. 13 18 COMMENCEMENT & EXECUTION OF WORK ................................................................................. 13 19 COMPLETION PERIOD ................................................................................................................ 13 20 CHANGE IN ORDERS .................................................................................................................. 13 21 TERMINATION OF CONTRACT ..................................................................................................... 14 22 LIQUIDATED DAMAGES .............................................................................................................. 14 23 FORCE MAJEURE ...................................................................................................................... 15 24 SAFETY OF EMPLOYEES AND WORK .......................................................................................... 15 25 DISPUTE RESOLUTION ............................................................................................................... 15 26 BLACKLISTING OF SUPPLIERS AND CONSULTANTS ..................................................................... 15 27 PAYMENTS ................................................................................................................................ 16 28 INCOME TAX AND DUTIES .......................................................................................................... 17 29 GOP’S GOVERNANCE ................................................................................................................ 17 30 INTEGRITY PACT ....................................................................................................................... 17

SECTION – C .......................................................................................................................... 18

1 DEFINITIONS AND INTERPRETATION ............................................................................................ 18

SECTION: D ............................................................................................................................ 20

1 TECHNICAL EVALUATION CRITERIA ................................................................................. 20 2 OVERALL EVALUATION ....................................................................................................... 21

ANNEXURE – A ...................................................................................................................... 22

ANNEXURE – B ...................................................................................................................... 23

ANNEXURE – C ...................................................................................................................... 24

ANNEXURE – E ...................................................................................................................... 28

ANNEXURE – F ....................................................................................................................... 30

SCHEDULE OF REQUIREMENTS .......................................................................................... 30


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SECTION – A PAKISTAN NATIONAL SHIPPING CORPORATION

BUSINESS PROCESS REVIEW AND REDESIGN 1 Background:

Pakistan National Shipping Corporation (the Corporation / PNSC) is the national flag carrier of Pakistan and is principally engaged in the Shipping business including charter of vessels, transportation of cargo and other related services. PNSC is an autonomous corporation, which functions under the control of Ministry of Maritime Affairs, Government of Pakistan being the major shareholder of PNSC. The Group is also engaged in renting out its properties to tenants under lease agreements.

PNSC is a public limited company listed in Pakistan Stock Exchange since 1980. The Corporation has an authorized capital of Rs. 2000 million of which Rs. 1320.63 million is issued and fully paid up. The Government of Pakistan owns majority shareholding of approximately 86.76%. The Corporation is managed by a board of directors constituted by the Federal Government. Five of these directors including the Chairman are nominated by Government of Pakistan (majority share holder), while two directors are elected by remaining Shareholders.

PNSC Group at present owns 19 subsidiaries, incorporated under the provisions of the Pakistan National Shipping Ordinance Corporation Ordinance, 1979 and the Companies Ordinance, 1984 (Now repealed by Companies Act, 2017) respectively. All the wholly owned subsidiaries operate on the concept of one ship one company basis, as directed by the decision of Cabinet Division (Parliament), Government of Pakistan on April 12, 2001. Out of 19 subsidiary companies, 09 companies have ships operating globally in the transportation of dry bulk and liquid cargoes.

The PNSC Group operates as a vessel management company (on one ship, once company model) and manages activities, operations and performs all acts, deeds, matters, statutory compliance and things which are necessary for the better operations of subsidiaries. There are no employees in the subsidiary companies, where as the employees of PNSC are managing the operations of the subsidiary companies.

Subsidiaries Companies: Status of Vessel

Bolan Shipping (Private) Limited Dormant

Chitral Shipping (Private) Limited M.V Chitral

Hyderabad Shipping (Private) Limited M.V Hyderabad

Islamabad Shipping (Private) Limited Dormant

Kaghan Shipping (Private) Limited Dormant

Khairpur Shipping (Private) Limited Dormant

Makran Shipping (Private) Limited Dormant

Malakand Shipping (Private) Limited M.V Malakand

Multan Shipping (Private) Limited M.V Multan

Sargodha Shipping (Private) Limited Dormant

Sibi Shipping (Private) Limited M.V Sibi

Shalamar Shipping (Private) Limited M.T Shalamar

Swat Shipping (Private) Limited Dormant

Lalazar Shipping (Private) Limited Dormant

Johar Shipping (Private) Limited Dormant

Lahore Shipping (Private) Limited M.T Lahore

Karachi Shipping (Private) Limited M.T Karachi

Quetta Shipping (Private) Limited M.T Quetta

The corporation also holds 73% holding in Pakistan Cooperative Ship Stores.


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SECTION – B INSTRUCTIONS TO THE CONSULTANT FIRMS

1 Overall objective of the project: We are aiming to strengthen our internal working processes for enhancing efficiencies and reducing bottlenecks, deficiencies and turnaround time. Our objectives of the Project include:

Review, identify and document deficiencies in current policies, SOPs, systems, processes and protocol, thereby suggesting improvements therein after performing a comprehensive gap analysis.

To develop policies, SOPs, systems, processes and protocols where these do not exist.

To update / upgrade where such processes and pertaining documentation exists but are obsolete and outdated.

To ensure that all SOPs / Business Manuals are in line with Management Information Systems implemented in PNSC and confirms with best business practices followed worldwide.

To achieve these objectives, we invite proposals from interested individual consultants or consultancy firms through this document.

2 Scope of the work: Following are the Corporation‟s five divisions that are involved in the day to day operations of the

business; these divisions are further bifurcated on the basis of departments and sections. To facilitate

the efficient flow of the operations, following areas and functions will be covered in the scope of the

project:

Finance Ship Management

Commercial Administration Special Projects & Planning

- Accounting, Finance & Treasury (Including Vessel Procurement)

- Insurance & Claims

- Corporations Secretariat

- Corporate Affairs & Shares

- Fleet Management

- Maintenance & Repairs

- Bunker - ISM Code /

Training - Ship Personnel - Workshop - Procurement of

Spare parts, Stores Management & Tendering process

- Trade Area (West & East)

- Chartering - Tanker - Container

Logistic - Operations - Bills

- Personnel - Management

Support - Real Estate - Security - Protocol/Public

Relations - Medical - Contributory

Provident Fund - Management

Information System

- Legal - Health, Safety &

Environment

- Special Project - Planning


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The scope of work, methodology, deliverables and timeline includes:

Activity Details Deliverable Timeline

A. Policy review

Review of existing policies, identifying gaps and suggesting recommendations in accordance with best practices and applicable statutes and regulations.

Deliverable: As –Is Business

Process Manuals

Timeline: 6 Months

B. Procedures‟ and control

review

Identify, map and review existing procedures and related controls analyzing gaps and suggesting recommendations in accordance with best practices and applicable statutes and regulations. Understanding of the existing practices and procedures will be obtained by way of walk through testing. At the end of this exercise for each division, as-is procedures / practices, documentation & gap analysis report will be prepared and shared with respective Division Head for his / her agreement after due deliberations.

C. Policies and procedures‟

redesign and redevelopment

(Business process re-engineering)

After Division Head‟s consent existing policies and procedures will be updated on the basis of recommendations as provided in the previous stages (A&B). The procedures‟ development will include design of all related controls to ensure completeness, accuracy and validity of business transaction and information system.

New policies and procedures will be developed where required. The new procedures should be highly optimized and be easy, user-friendly, effective and efficient to implement and operate. These must eliminate all redundancies, deficiencies and bottlenecks in the existing system. The procedures will be mapped via Flow Charts with narrative explanation.

The outcome of this stage will be the revised policies and procedures manual of each division.

Deliverable: Gap Analysis and Recommendation

Report, Remediation

Plans.

Updated Business Process

Manuals/SOPs along with Flow Charts based on existing process as well as best global practices with appropriate control activities.

D. Approval from Audit

Committee

Before implementation, the project manual shall be presented to the Audit Committee for their review and approval for implementation.

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Activity Details Deliverable Timeline

E. Implementation / Deployment and Capacity

building

Implementation / Deployment of Updated / Revised Policies and Training and workshop sessions will be conducted for the operations management of PNSC to acquaint them with the revised policies and procedures.

The consultant will assist the management in resolving their queries so that they can own, implement and operate with and around the revised policies and procedures smoothly and independently after its approval.

Deliverable: Training of staff

as required

Timeline: 3 Months

F. Testing of new procedures and post implementation review

After development of policies and procedures Management will announce its effective date.

As soon the newly developed policies and procedures come into effect, Walk-through procedures will be carried out to evaluate its implementation and monitor the procedures.

Deficiencies, if any, will be reported to Audit committee in form of report highlighting non compliance and their intensity.

This process shall be repeated until a resolved SOP and procedure is reached at for an area concerned.

Deliverable: Department wise Exception Reports

Timeline: 3 Months

Note: Copy rights of all reports / materials produced shall be vested with PNSC. 3 Qualification Criteria and Requirement:

Special Terms:

i. PNSC, as a policy, deals directly with owners or companies, therefore, offers through agents/ brokers/intermediaries will not be considered.

ii. Interested consultants / firms must have minimum experience of atleast three successful projects of similar nature in commercial, operational, technical and financial matters of preferably shipping operations interalia including experience and strong knowledge of the international as well as the local factors which have an impact on shipping business

iii. Team leader of the consultancy team must have experience of leading the team of atleast one successful project of similar nature within the past two years.

iv. Interested consultants / firms must be registered in Pakistan with the presence in Pakistan. v. External auditors of PNSC are not eligible to participate in this assignment. vi. Interested consultant / firms must provide:

a. Detailed CV(s) of member(s) of core team highlighting relevant experience. b. Detail methodology, approach and project plan on how the assignment will be executed

in terms of the deliverables including details of implementation and testing process. c. An affidavit certifying that the consultant / firm never gave up from assignment before its

completion in past for any reason. vii. The consultant will be required to sign a non-disclosure agreement.


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General Terms:

i. Experience of conducting similar assignments like designing, formulating, identifying gaps in the SOPs of corporate entity(ies) (including local / international projects) along with supporting documents is essential.

ii. Interested consultants / firms must be registered with Sindh Revenue Board (SRB), Sales tax, Valid Sindh Professional Tax, Income tax Department and must be enlisted as Active Tax Payer.

iii. Interested consultants / firms should not be black listed by any government/semi government organization neither have been removed from services before completion of project or couldn‟t complete any previous project for any reason.

iv. Bidder shall ensure: a. That no misstatements are made with regard to the information provided and there is no

fact known which if disclosed would affect the Corporation‟s decision with regard to evaluation of the information provided and/or award of the tender.

b. That no proceedings are pending or threatened for the liquidation or insolvency of the firm or that could materially or adversely affect the Corporation‟s decision with regard to the evaluation of the information provided and/or award of the tender; and

c. That the submission of its bid and subsequent performance of its obligations does not constitute a violation of any law, court ruling, Government regulation, decision of arbitrator(s) or contractual obligation applicable or relating to it, its assets or business.

v. Other information as PNSC may deem necessary and appropriate.

4 Confidentiality: A Party shall use the other Party‟s Confidential Information only for the purpose of evaluating, responding to, negotiating and consummating the RFP and/or the response to the RFP, and/or consummating in reviewing and redesigning of the Corporation‟s Standard Operating Procedure and not for any other purpose. Neither Party shall disclose to Third Parties any information about PNSC‟s SOP‟s or RFP Bidder‟s participation in the RFP or execution of a SOPs, or the terms or conditions or any other facts relating thereto, including the fact that discussions are taking place with respect thereto, the status of those discussions, or the fact that Confidential Information has been made available by or to PNSC or RFP Bidder or their Representatives. Notwithstanding the foregoing or any other provision, PNSC may share any Confidential Information with the Consultant, or it‟s Staff as requested by the Consultant. Any such information shared will be designated as confidential, and PNSC will ask the Consultant to hold and use it on a confidential basis. Confidential Information shall consist of oral, electronic and written information that is confidential, proprietary, or generally not available to the public. Confidential Information in the case of information provided by PNSC to the RFP Bidder shall include, without limitation, all data, reports, interpretations, forecasts or records relating to PNSC and/or its customers, and any other document created by PNSC or others which directly or indirectly relates to all or any portion of the bid evaluation information provided to the RFP Bidder by PNSC and any oral discussion carried out. Confidential Information in the case of information provided by the RFP Bidder to PNSC shall include, without limitation, all data, reports, interpretations, forecasts, bids, credit information, credit collateral amounts, bidder identity, and shall also include information prepared by the RFP Bidder that includes directly or indirectly Information furnished by PNSC.


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5 Cost of Bidding: Interest individual consultants or consultancy funds shall bear all costs associated with the preparation and submission of its bid and PNSC will in no case be responsible or liable for any costs to the bidder, regardless of the conduct or outcome of the bidding process. 6 Clarification on Bidding Document

A prospective bidder requiring any clarification(s) in respect of the Bidding Documents shall notify PNSC in writing. PNSC will respond to any request for clarification which it receives earlier than ten (10) days prior to the deadline for the submission of bids. Copies of the PNSC‟s response will be forwarded to all prospective individual consultants / firms, at least five (5) days prior to dead line for submission of bids, who have received the Bidding Documents including a description of the enquiry but without identifying its source. 7 Amendment / Additions or Deletion:

At any time prior to the deadline for submission of bids, PNSC may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the tender document by issuing addendum(s). Any such addendum(s) shall be communicated in writing to all prospective bidder who have obtained the Bidding Document. These addendums shall be construed to be part of Bidding Documents by reference.

PNSC also reserves the right to make addition to or to delete from and/ or amend the work defined in

TOR/SOR as deemed necessary before or after the execution of the contract within the limits defined by PPRA.

8 Extension in Submission Dates

At any time prior to the deadline for submission of bids, PNSC may, for any reason, whether at its own initiative or to provide prospective Consultant firms reasonable time, in which to take an addendum into account, at its discretion extend the deadline for submission of bids.

9 Submission of Bid

Interested individual consultants / consultancy firms will have to submit their offers in sealed envelopes either in person or through courier. Bids submitted through fax or e-mail shall not be considered. Each offer should be clearly marked as “Confidential” & “BID FOR POLICIES AND PROCEDURES REVIEW AND REDESIGN”.

10 Language of Bids The bid prepared by the interested consultants / firms and all correspondence and documents relating to the bid, exchanged between the interested consultants / firms and PNSC shall be written in the „English Language‟, provided that any printed literature furnished by the bidder may be written in another language so long as accompanied by an English translation of its pertinent passages in which case, for purposes of interpretation of the bid, the English translation shall govern. 11 How to apply The offers should be submitted through “Single Stage two Envelope” tender process.

12 Single Stage Two Envelop Bid Process

12.1 Components of the bid package

The bid shall comprise a single package containing two separate sealed envelopes. Each envelope shall contain separately the „FINANCIAL PROPOSAL‟ and the „TECHNICAL PROPOSAL‟. The bids not containing any of the two proposals will be rejected.


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12.2 Documents comprising the Bid

Interested individual consultants / consultancy firms will have to submit:

a) Technical and Financial Proposal: Comprising of information required as per Section D and Annexure “E”. In case the bidder wishes to include additional technical information, it can do so by providing that information on separate papers. i. the envelopes shall be marked as “FINANCIAL PROPOSAL” and “TECHNICAL PROPOSAL”

in bold and legible letters to avoid confusion; ii. Initially, only the envelope marked “TECHNICAL PROPOSAL” will be opened. iii. The envelope marked as “FINANCIAL PROPOSAL” shall be retained in the custody of the

PNSC without being opened.

b) Bid Bond (Earnest Money) The bidder is required to furnish Bid Security strictly in accordance with the prescribed format (annexed hereto as Annexure: A) in the form of Pay Order, Cash Deposit Receipt CDR, Demand Draft or Bank Guarantee issued only by a scheduled commercial bank operating in Pakistan, for an amount equivalent to two (2) percent of the total bid value of tendered work/services quoted by the bidder. No Bid shall be considered without a Bid Security and no cash or cheque or a guarantee issued by an insurance company shall be accepted.

The Bid Bond shall be valid for a period of 150 days from the date of Bid opening. Bid Bonds of the unsuccessful Bidders shall be returned as soon as practicable. The successful Bidder‟s Bid Bond shall be retained by company until execution of a contract for the work/services defined in these documents and the submission of a Performance Bond prior to the execution of Contract.

In the event that the successful Bidder refuses or fails to execute a Contract within fifteen (15) days of the issuance of a Letter of Intent, Company shall be at liberty to forfeit the Bid Bond.

c) Performance Bond The Bidder shall furnish a Performance Bond strictly in accordance with the prescribed format (annexed hereto as Annexure: B) in the form of a bank guarantee issued by a scheduled commercial bank operating in Pakistan for an amount equivalent to Ten (10) percent of the Contract value. Failure to furnish the Performance Bond before execution of the Contract will entitle the Company to consider the Bidder as having abandoned the Contract and to forfeit the Bid Bond. The Performance Bond shall remain valid till after three (03) months of completion of the Work. PNSC‟s right to recover damages from the Bidder for breach of Contract shall not be limited to the value of the Performance Bond or Bid Bond. In the event of the Bidder failing to execute a formal Contract or to submit the Performance Bond in the manner aforesaid and in the period specified, the Company shall be entitled to appropriate the earnest money submitted by the Bidder with his tender without prejudice to its right to claim any further loss or damage which may result to it by reason of the aforesaid default of the Bidder as if Contract is actually executed for the purpose of such claims.

d) Power of Attorney: A power of attorney in the name of the authorized person (who must be an employee of the Consultant firm in case of firm) who has signed the offer on behalf of the Consultant firm, evidencing that the person(s) signing the bid has(ve) the authority to sign the bid and thus that the bid is binding upon the Consultant firm during the full period of its validity.


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12.3 Schedule of Requirement

Description mentioned on Schedule of Requirement is for guidance purpose. Payments shall be made on the basis of actual work quantum done as measured. No claims or adjustments shall be entertained / allowed on account of increase or decrease in the scope of work which has not been duly authorized by PNSC through the issue of change orders as stipulated in the relevant provision.

12.4 Rate

The bidder shall quote lump sum price for entire assignment inclusive of all type of duties and taxes. Nevertheless, the rates quoted by the bidder shall remain fixed and no escalation whatsoever shall be permissible. The rate / prices quoted by the bidder shall be workable.

12.5 Bid Validity

The bids shall have to be valid for a period of 120 days after opening of Financial Proposals.

12.6 Format and Signing of Bid

The interested individual consultants or consultant firms shall prepare one set of the bid typed or written in indelible ink and shall be signed by the Individual Consultant or Authorized Representative of the Consultant firms (who should be an employee of the Consultant firm). All pages of the bid, except for unamended printed literature, shall be initialed by the same person. The bid shall contain no alterations, omissions or additions, unless such corrections are initialed by the person or persons signing the bid.

12.7 Sealing and Marking

The envelope containing the Offer shall be sealed and should bear the bid reference number along with the name and address of the sender and clearly marked as “BID FOR POLICIES AND PROCEDURES REVIEW AND REDESIGN”.

12.8 Deadline for Submission of Bids

Bids must be received by PNSC at the address specified below not later than the date and time

mentioned on “Request for Proposals”.

General Manager Finance

PNSC Head Office, 12th Floor, Finance Department, PNSC Building, M.T Khan Road, Karachi Phone: +92 21 99204059

12.9 Late Bids

Any bid received by PNSC after the bid submission deadline, for any reason whatsoever, shall be rejected and returned to the bidder.

12.10 Opening of Technical Bids

PNSC will open Technical bids on June 27th, 2018 by 11:30 A.M, in the presence of Consultant firms‟ representatives who choose to attend, on the date and time as mentioned on “Request for Proposals”, at First Floor, Conference Room, Pakistan National Shipping Corporation, Head Office, PNSC building, M.T Khan Road, Karachi. Individual Consultants / Representatives of the Consultant firms who choose to attend shall sign an attendance sheet.


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12.11 Bid Read Out

Following details of each bid shall be read out in front of all the Participants present during the bid opening:

a) Bid submission deadline, time and date b) Bid opening date, time (Actual) c) Consultant firms names d) Consultant firms eligibility

12.12 Preliminary Examination of Bids:

a) PNSC will examine the bids to determine whether they are complete and are generally in order. PNSC may, at its discretion, ask the bidder for a clarification of its bid. The request for clarification and the response shall be in writing, and no change in the price or substance of the bid shall be sought, offered or permitted.

b) PNSC may waive any minor informality, nonconformity or irregularity in a bid that does not

constitute a material deviation, and that does not prejudice or affect the relative ranking of any bidder as a result of the technical and financial evaluation.

c) Prior to the detailed evaluation, PNSC will determine whether each bid is of acceptable quality, is

complete, is substantially responsive to the bidding Documents.” For purposes of this determination, a substantially responsive bid is one that conforms to all the terms and conditions of the Bidding Documents without material deviations, objections, conditionality or reservation or is one:

i) That should not affects in any substantial way the scope, quality or performance of the

assignment; ii) That should not limits in any substantial way, inconsistent with the Bidding Documents,

PNSC‟s rights or the successful Consultant firms‟ obligations under the contract; or iii) Whose rectification would not unfairly affect the competitive position of other Consultant

firms who are presenting substantially responsive bids.

d) If a Bid is not substantially responsive, it will be rejected by PNSC and may not subsequently be made responsive by the bidder by correction of the nonconformity. PNSC‟s determination of a bid‟s responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence.

12.13 Technical Evaluation of Bid

PNSC shall carry out detailed evaluation of the bids in order to determine whether the technical aspects are substantially responsive to the requirements set forth in the Bidding Documents. In order to reach such a determination, PNSC shall examine the information supplied by the bidder and also take into account the following factors:

a. Overall experience of the Consultant / Firm related to the assignment; b. Adequacy of the proposed work plan and methodology with respect to the assignment including

proposed technical approach & methodology; c. Any other relevant factor, that PNSC deems necessary or prudent to take into consideration.


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12.14 Technical Evaluation Criteria

In order to ascertain the relative suitability of the offered services, PNSC shall evaluate the bids as per Technical Evaluation Criteria as described in ‘Section D’. During technical evaluation, any Consultant / Firm obtaining less than “50%” marks under any category will be rejected. Subject to the condition above, only those Consultants / Firms obtaining at least 80% marks in the technical criteria on overall basis, shall be further evaluated whereas the remaining bids shall be rejected as being technically not suitable.

12.15 Evaluation of Financial Bid

After short listing the qualified Consultants / Firms, PNSC will open the financial bids, in the presence of Consultants / Firms‟ representatives who choose to attend on the date and time as to be communicated to them in advance. Financial bids will be opened at First Floor, Conference Room, Pakistan National Shipping Corporation, PNSC building, M.T Khan Road, Karachi. Individual consultants / Representatives of the Consultant firms who choose to attend shall sign an attendance sheet.

Those financial bids that have been withdrawn in respect of above articles shall not be opened and returned to the Consultants / Firm. No bid shall be rejected at the time of opening except for those which have been marked “Late”.

12.16 Bid Read Out

Following details of each bid shall be read out in front of all the Participants present during the bid opening:

a) Bid validity period b) Fee quoted c) Currency of Bid

12.17 Unsuccessful Consultant firms

Those Consultant firms whose offers have been rejected on grounds of being substantially non responsive, or that they do not meet the minimum qualification requirements set forth in the technical evaluation criteria, shall be informed accordingly.

12.18 Deliberations with Consultants / Firms

PNSC may conduct clarification / discussions meetings / correspondence with each or any Consultants / Firms to clarify any aspects of its Bid that require explanation at this stage of the evaluation.

13 Correction in Bids In case any arithmetic error is found in the bid, it shall be rectified as follows:

13.1 If there is a discrepancy between the words and figures the amount in words shall prevail.

13.2 If the Consultant firm does not accept the corrected amount of bid, the consultant firm shall be

considered disqualified.

14 Letter of Acceptance and Award of Contract

The bid obtaining the highest marks as per the criteria given in the overall evaluation by PNSC shall be selected and the corresponding Consultant / Firm shall be issued a “Letter of Acceptance”. PNSC shall issue this letter within the period of Bid Validity i.e. 120 days.


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15 PNSC’s Right PNSC reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids,

at any time prior to award of Contract, without thereby incurring any liability to the affected Consultants / Firms or any obligation to inform the affected Consultants / Firms of the grounds of PNSC‟s action except that the grounds for its rejection of all bids shall upon request be communicated, to any Consultant / Firm who submitted a bid, without justification of the grounds. Notice of the rejection of all the bids shall be given promptly to all the Consultants / Firms.

16 Signing of Contract Agreement

16.1 Within seven (7) days from the Award of Contract, the successful Consultant / Firm would be required to send a duly signed copy of the Form of Contract Agreement „Annex- C‟.

16.2 The formal contract between PNSC and the successful Consultant / Firm shall be executed within thirty (30) days of the receipt of duly completed Form of Contract Agreement by PNSC.

16.3 The terms and conditions highlighted under “Section C – General Condition of the Contract” (of this Tender Document) shall form the basis of the contract to be executed between the two parties.

17 Transparency of the Process

17.1 The evaluation result shall be announced at least ten (10) days prior to Award of Contract.

17.2 Any effort by a Consultant / Firm to influence PNSC in the bid evaluation, bid comparison or Contract Award decisions may result in the rejection of his / her bid.

17.3 Any Consultant / Firm feeling aggrieved may lodge a written complaint not later than fifteen (15) days after the announcement of the bid evaluation result.

17.4 However, mere fact of lodging a complaint shall not warrant suspension of procurement process.

18 Commencement & Execution of Work Notwithstanding any delay in the preparation / execution of the Contract the successful bidder shall

commence mobilization / preparations and undertake the work within (15) days after receipt of the letter

to proceed.

19 Completion Period Subject to any requirements as to completion of any portion of the Work before the completion of the whole of work, the work shall be completed within the specified completion period. The work shall not be considered as completed until the Corporation has certified in writing that it has been completed. Should extra, altered or additional work of any kind, or any other cause of delay, which in the opinion of the Corporation could not have been foreseen by the Consultant requires extension in completion time, then on the written request of the Consultant requires extension in completion time, the completion period as provided in the Contract shall be extended by the Corporation. All such extensions shall be allowed in writing by the Corporation‟s representative.

20 Change in Orders The Corporation may at any time, by a written notice to the Consultant, make changes within the general Scope of Work of the Contract subject to requirement of PPRA Rules.

Upon notification by the company of such change, the consultant / firm shall submit to the Corporation an estimate of costs for the proposed change (hereinafter, referred to as a change) within ten (10) calendar days of receipt of notice of the change, and shall include an impact (if any) of the change on the completion date(s) under the Contract, as well as detailed schedule for the execution of the change, if applicable.


14

The Consultant / Firm shall not perform changes in accordance with above, until the Corporation has authorized a Change Order in writing on the basis of the estimate provided by the Consultant / Firm. Changes mutually agreed upon as a change shall constitute a part of the Work under this Contract, and the provisions and conditions of the Contract shall apply to said change.

21 Termination of Contract The Corporation may decide to terminate the Contract in one of the following situation:

I. Termination for Default:

The Corporation may, without prejudice to any other remedy for breach of Contract, by

written notice of default sent to the Consultant / Firm, terminate the Contract in whole or

in part.

a) If the Consultant fails to completed work / services, within the period allowed specified in the Contract or within any extension thereof granted by PNSC;

b) If the Consultant fails to perform any other obligation(s) under the Contract and /

or violation / contravention of any other terms and conditions mentioned therein;

c) If the Consultant assigns any of this service without PNSC consent and / or in case of found corrupt or fraudulent practices in competing for or in executing the Contract;

d) If PNSC during the completion period of the Contract has reason to believe that

Consultant will not be able to fulfill obligations under the Contract.

Prior to the exercising of any right by the Corporation to terminate the Contract, the

Corporation shall issue notice to the Consultant specifying the default(s) and the

Consultant shall submit an explanation within seven (7) days of receipt of such notice. If

such explanation is not furnished within the stipulated time or if so furnished, is found to

be unsatisfactory and / or the default(s) continues, the Contract may be terminated by the

Corporation.

II. Termination for insolvency:

The Corporation may at any time terminate the Contract by giving written notice to the

Consultant, without compensation to the Consultant, if the Consultant becomes bankrupt

or otherwise insolvent. Notwithstanding the above such termination will not prejudice or

affect any right of action or remedy which as accrued or will occur thereafter to the

Corporation.

22 Liquidated Damages If the consultant fails to complete the work or perform the services specified in the Contract within the

stipulated period / scheduled time specified in the Contract, the Corporation, without prejudice to any

other remedies, shall deduct from the bills or any other due payments / guarantees, as liquidated

damages, a sum equivalent to 0.1% per day of the value the Contract, until actual completion of the

work or performance of the services. However if delay of over 100 days takes place (i.e. equal to 10%),

the Corporation reserves the right to terminate the Contract at the risk and cost of Consultant.


15

The payment of liquidated damages shall not relieve the Consultant from performing and fulfilling its

entire obligation under the Contract at its own risk and cost nor shall the rights and entitlements of the

Corporation be affected or reduced in any manner.

23 Force Majeure The parties will not be considered to be in default in the execution of their contractual obligations or any

of them to the extent that the execution of such obligations or any of them is delayed or omitted by

cause of Force Majeure. Each party will advice the other party by written notice within 07 days of the

occurrence of any such case of Force Majeure. The term Force Majeure employed herein shall mean

acts of public enemy, wars (whether declared or not) invasion, hostilities, revolution, epidemics, riots

(other than among the Consultant‟s own employees) fires, flood, earth quake, commotion, disorder and

other causes similar in kind to those herein mentioned, not under the control of either party, which

makes the performance of this contract unfeasible and which by the exercise of due diligence the party

seeking excuse from performance is unable to overcome.

The Corporation shall not be liable to the Consultant for any damage or loss caused by Force Majeure

directly or indirectly.

24 Safety of Employees and Work The consultant shall be responsible to take all necessary precautions for the safety of its employees on

or off the work, and shall comply will all applicable safety laws and codes to prevent accidents or injury

to persons on about or adjacent to the places where the work is being performed. All statutory rules,

orders, regulation from time to time in force relating to taking and observance of all safety precaution

governing or which might be deemed to be given during the execution and performance of the work, the

consultant shall comply with any and all personnel safety regulations. Any person of the Consultant

violating the safety rules shall be removed by the Consultant from site and replaced without delay.

PNSC bears no responsibility and liability related to (any) incidents arising thereby.

25 Dispute resolution If any dispute shall arise as to the interpretation of this contract or any matter or thing arising there from,

the same shall be settled as far as possible by way of amicable resolution. Failing such settlement, the

dispute may be referred for arbitration to two Arbitrators, one to be nominated by each party. The

appointed Arbitrators shall before proceeding on the reference appoint an Umpire. The award given by

the Arbitrators or the Umpire as the case may be shall be governed by The Arbitration Act, 1940 and

any statutory modification thereof. The venue of arbitration shall be Karachi.

All costs of Arbitration shall be borne by the Parties themselves, unless otherwise ordered by the

Arbitrator. Notwithstanding the existence of any difference or dispute, or the commencement or

continuance of any arbitration proceedings, works to be done or services to be provided under this

contract shall not be suspended or discontinued by the consultant nor shall any payment be withheld by

the Corporation except the difference of the amount in dispute, which is the subject matter of such

proceedings.

26 Blacklisting of Suppliers and Consultants The Corporation shall permanently blacklist or temporarily debar (at least for 6-months from participating

in PNSC‟s tender proceeding) if, a supplier or consultant who either constantly fails to perform

satisfactorily or found to be indulged in corrupt and fraudulent practices as defined below:


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26.1 “Corrupt and fraudulent practices” includes the offering, giving, receiving, or soliciting of anything

of value to influence the action of an official/company;

26.2 If the consultant found responsible for the detriment of the Corporation during the proceedings of

contract, its process or execution;

26.3 Misrepresentation of facts in order to influence the procurement process or the execution of the

contract; or

26.4 Collusive practices among bidders (prior to or after bid submission) designed to establish bid

prices at artificial, non-competitive levels and to deprive the Corporation of the benefits of free and

open competitive.

27 Payments Payment will be made within 30 days after the completion of work. Mobilization advance may be granted

subject to submission of bank guarantee against the same by the consultant.

The consultant shall submit to the Corporation during the execution of the work on-account bills along

with a statement / details of executed work. All payments against on-account bills shall be treated as

provisional payments and will be subject to final adjustment.

The Corporation may withhold payment or on-account of subsequently discovered evidence, nullify the

whole or part of any certificate to such extent as may be necessary to protect itself from loss on-account

of:

(a) Defective work not remedied.

(b) Claims filed or reasonable evidence indicating probable filing of claim.

(c) Failure of the consultant to make payments properly to Sub-Consultants.

(d) Damage to another Consultant.

When the grounds are removed payment shall be made for amounts withheld because of them.

Payments in respect of extra / additional work will be made on the basis of the original Contract rates

and the Consultant will not be entitled to any extra compensation / payment including idle charges

because of such delays.

The making and acceptance of the final payment after successful completion of work shall constitute a

waiver of all claims by the Corporation other than those arising from faulty work appearing after final

payment and of all claims by the Consultant, except those previously made and still unsettled.

Consultant is required to submit signed and stamped acknowledgement slip, Sales Tax / Income tax

return, (whichever applicable) in which Sales Tax / Income Tax (of relevant Sales Tax invoice) is paid.

27.1 Payment Terms

a. Currency of Payment: Throughout the terms of contract, all the payments between two parties shall be in Pakistani Rupee.

b. Invoice: The successful Consultant Firm shall send the invoice upon satisfactory completion of their assignment division wise.


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c. Payments: PNSC shall pay the invoice amount within thirty working days of the satisfactory completion of this assignment.

28 Income Tax and Duties All kind of Government Taxes and Duties (including but not limited to income tax, Sindh sales tax (SRB),

sales tax, custom duties, etc.), against any item of the contract, shall be entirely the responsibility of the

Consultant. Income tax, Sindh sales tax or any other statutory deduction applicable thereby will be

deducted as under the prevailing Government Rules. Rate of Income Tax / Sindh sales tax / sales tax

deduction in relation to submission of Income Tax certificate from the Consultant should also be

stipulated.

29 GoP’s Governance The contract shall be governed by the Law of Pakistan. The Consultant is obligated to comply with all

regulations and ordinance in force or to be passed by the Government of Pakistan during the course of

the work to be performed. Any additional financial charges on account of revision in minimum wages by

GoP will be Consultant‟s responsibility while the contract is in operation.

This contract embodies the entire understanding of the parties hereto on this subject and there are no

commitment, terms, conditions or obligations, oral or written, express or implied, other than those

contained herein.

30 Integrity Pact The Consultant firm shall sign and stamp the Form of Integrity Pact provided at „Annexure –D‟, which is

a mandatory requirement of Government of Pakistan. Failure to comply with this requirement shall result in automatic rejection of the bid.


18

SECTION – C

1 Definitions and Interpretation

1.1 In these tender documents (as hereinafter defined) the following words and expressions

shall have the meaning hereby assigned to them except where the Tender requires otherwise.

a) Corporation means the Pakistan National Shipping Corporation; a Company registered

under statutes of Pakistan and includes any successors-in-interest or assignees.

b) Representative of the Corporation means a duly authorized person appointed by the

Corporation.

c) Bidder means any person or persons, firm or company bidding for the Work.

d) Consultant means the individual person, firm or company whose proposal (as hereinafter

defined) has been accepted by the Corporation and includes the Consultant‟s

representatives, sub-Consultants, successors and permitted assignees (Prior to the

execution of the Contract the word “Consultant” also means a Tenderer or Bidder submitting

a proposal in accordance with the Tender Documents).

e) Agent or Representative means person(s) appointed by the Consultant to perform duties as

set forth in the Contract.

f) Laborers/Workmen means such laborers/workmen and staff as may be employed by the

Consultant for purpose of carrying out the Work.

g) Disputes any dispute between the parties shall be resolved under Arbitration Rules, failing

which the parties shall try to resolve these differences through Arbitration which should not

be in conflict with the laws of Pakistan

h) Work mean whole of the Works / Services or part thereof to be executed in accordance with

Tender / Contract documents, whether temporary or permanent and whether original, altered

substituted or additional.

i) Contract Documents shall consist of duly executed Articles of Consultancy Service

Contract, the Tender Documents and the Tender submitted by the successful Bidder

including modifications thereto incorporated in the documents before and after the execution

of the Contract.

j) Contract Price/Value means the sum mentioned in Schedule of Requirements (SOR)

subject to additions thereto or deductions there form as may be made under the provisions

hereinafter contained.

k) Taxes means all taxes, duties, levies or any such regulatory payments arising from or

relating to this engagement whether inside or outside Pakistan. All applicable taxes shall be

borne by the successful Consultant Firm.

l) Termination In the event of failure of any condition given in this Bidding Document / Contract

the PNSC shall have the right to terminate that Contract at any time, but before doing so, the

Consultant will be asked to provide in writing reason for non compliance within 7 days of such

non compliance arise and notified by PNSC.

m) Temporary Works means all temporary works of every kind required in or about the

execution, completion or maintenance of the Work.

n) Location means the land and other places on, under in or through which the Work is to be

executed or carried out and other lands or places provided by the Company for the purpose

of the Contract.


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o) Approved / Approval means approved / approval by the Corporation‟s representative.

p) Tender/Bid/Proposal means the offer tendered by the Bidder for the Work governed by the

Contract.

q) When the term Acceptable, Satisfactory, Proper, or other such general qualifying terms are

used in the Contract, it shall be understood that reference is made to be sole ruling and the

sole judgment of the Corporation.

r) The Work Equivalent or Equal where used in these documents in the general sense shall

not mean Similar but shall mean “Conforming to, like, of Kind/Quality and Function”.

s) Approved Banker wherever occurring in this Contract shall mean a Scheduled Commercial

Bank operating in Pakistan and acceptable to the Corporation.

t) Specification(s) means the standard codes of practice and other specifications issued with

the Tender and any notification such as specifications approved in writing by the Corporation

and other specifications as may from time to time be furnished or approved in writing by the

Corporation.

u) Months means calendar month as per “Gregorian calendar”.

v) Time Schedule is a graphical illustration of the time span of various Work activities defining

starting and completion dates.

w) Bonds mean Bid Bond, Performance Bond or Bank Guarantee and other instruments of

security furnished by the Bidder of his surety in accordance with the Tender / Contract.

x) Completion Date means the date on which the Work has been completed in accordance

with the Contract so that it can be utilized for intended purpose.

y) Day means a day of 24 hour mid night to mid night.

z) Completion period means the time allowed for the execution of the work.


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PAKISTAN NATIONAL SHIPPING CORPORATION

SECTION: D

1 TECHNICAL EVALUATION CRITERIA

S. No. CRITERIA

Maximum Marks

1

Expertise of Personnel for the Project:

Overall team strength in term of Experience & Qualification for Policies and Procedures Review and Redesign with their CV's I. Experience of team leader in Policies and Procedures Review and Redesign :

Experience Marks

1 to 2 Years 4

3 to 5 Years 6

Above 5 Years 8

8

II. Experience relevance of the project team (from CV's) including any experts hired and proposed to the scope of work.

Experience Marks

1 to 2 Years 4

3 to 5 Years 6

Above 5 Years 8

8

III. Number of Qualified Consultants expected to be deputed on the project.

Experience Marks

3 to 5 Consultants 4

6 to 10 Consultants 6

Above 10 Consultants 8

8

2

Expertise of the Organisation:

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I. Number of client / firms in transport (shipping) sector related to process Improvement advisory services / assurance engagement (preferred in Policies and Procedures Review and Redesign.)

Experience Marks

3 to 5 Clients 8

6 to 10 Clients 12

Above 10 Clients 15

II. No. of projects handled single handedly.

Experience Marks

3 to 5 Projects 4

6 to 10 Projects 6

Above 10 Projects 8

8

III. No. of projects handled in Consortium.

Experience Marks

Nil to 3 Projects 1

Above 3 Projects 2

2

Detail methodology, approach and project plan on how the assignment will be executed in terms of the deliverables. Clear skill transfer and capacity building.

15


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S. No. CRITERIA

Maximum Marks

3

Projects completion time in previously executed / completed projects of similar nature and size.

Experience Marks

More than 18 Months 8

12 to 18 Months 12

Less than 12 Months 15

10

4

Quality control system of the consultant:

Description Marks

Existence of separate quality control team to review the deliverables of core team 3

Recognition by a regulatory body / institute for satisfactory quality control rating 3

6

5

Feedback on performance from other clients in similar nature of projects

Experience Marks

3 to 5 Projects 5

6 to 10 Projects 8

Above 10 Projects 10

10

6

Financial Stability: Annual turnover in consulting area (excluding audit & other revenue)

Turnover Marks

5 to 10 Million Rupees 5

11 to 15 Million Rupees 8

Above 15 Million Rupees 10

10

Minimum qualifying marks are 80 out of 100.

(Note: Minimum 50% marks in each category is mandatory for qualification) 100

2 OVERALL EVALUATION

Each firm would be required to make presentation to the Evaluation Committee regarding the methodology.

As per tender terms the contract would be awarded to the bidder securing highest marks on the basis of following criteria:

1. Technical (80% weightage) Technical Weightage of Shortlisted Bidder (X) = Marks obtained by Short-Listed Bidder x 80 Highest marks among the short-listed bidders

2. Financial (20% weightage) Financial Weightage of Short-listed Bidder (Y) = Lowest bid price X 20

Quoted bid price of a bidder

Bidder obtaining the highest marks (X + Y) will be eligible for award of work.


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Annexure – A

(On Stamp Paper @ Rs. 100 for first Rs.100,000 and Rs. 50 per subsequent Rs. 100,000 of Guarantee Value)

BID BOND FORMAT

Pakistan National Shipping Corporation, 12th Floor PNSC Building M.T Khan Road, Karachi. Dear Sirs, In consideration of Messrs _____________________________________________ hereinafter called “The Bidder” having submitted the accompanying bid and in consideration of value received from _________________________________________ we hereby agree to undertake as follows:

1. To make un-conditional payment of Rupees _____________ upon your return demand without further recourse, question or reference to the Bidder or any other person, in the event of the withdrawal of the aforesaid Bid by the Bidder before the end of the period specified in the Bid after the opening of the same for the validity thereof, or if no such period to be specified within 120 days after said opening and or in the event that the Bidder within the period specified thereof, or if no period be specified within 15 days after prescribed forms are presented to the Bidder of signature, the Bidder shall fail to execute such further contractual documents if any as may be required by the Corporation, or on the Bidders‟ failure to give the requisite Performance Bond as may be required for the fulfillment or resulting Contract within 10 days of the acceptance of the Bid.

2. To accept written intimation(s) from you as sufficient evidence of the existence of default or non compliance as aforesaid on the part of the Bidder and to make payment immediately upon receipt of the written intimation.

3. No grant of time or other indulgence to, or composition, or arrangement with the Bidder in respect of the aforesaid Bid with or without notice to us shall in any manner discharge or otherwise, however, affect this guarantee and our liabilities and commitments hereunder.

4. The guarantee shall be binding on us and our successors in interest and shall be irrevocable.

5. This guarantee shall remain valid upto ________________. Yours faithfully, Note: Any extensions / amendments (in all guarantees/bonds) if required shall be made on stamp papers of Rs. 50


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Annexure – B

(On Stamp Paper @ Rs. 100 for first Rs.100,000 and Rs. 50 per subsequent Rs. 100,000 of Guarantee Value)

PERFORMANCE BOND FORMAT

Pakistan National Shipping Corporation, Bank Guarantee # ……………………… 12th Floor PNSC Building, Date of Issue: ...…………………………. M.T Khan Road, Date of Expiry: ………………………….. Karachi. Amount: ………………………………….

Dear Sirs, In consideration of your entering/having entered into Contract No. ____________________________ with M/s. _____________________________ hereinafter called “ The Consultant” and in consideration of value received from the Consultant, we hereby agree and undertake as follows:-

1. To make un-conditional payment of Rupees ______________ and un-conditional payment in such amount as you may require from time to time as and when called upon by you to do so, not exceeding in the aggregate payment of Rupees ____________________ , being the amount covering liquidated damages and security for the due fulfillment by the Consultant of all liabilities, obligations, commitments and total and faithful performance of the above Contract by the Consultant as specified in the above mentioned Contract upon your written demand(s) without further recourse, question or reference to the Consultant or any other person in the event of the Consultant‟s default in compliance with its obligations, liabilities and faithful performance arising under and in pursuance of the Work committed by it in the above mentioned agreement of which you shall be the sole judge.

2. To accept written intimation(s) from you as sufficient evidence of the existence of default or non compliance as aforesaid on the part of the Consultant and to make payment immediately upon receipt of the written intimation.

3. To keep this guarantee in full force from the date of this guarantee till the Consultant‟s obligations as specified in the above referred Contract and all other obligations of the Consultant as are contained in the above contract are duly fulfilled by the Consultant to the satisfaction of the Corporation.

4. No grant of time or other indulgence to, or composition, or arrangement with the Consultant in respect of the performance of its obligation under and in pursuance of the said contract of any clause thereof, with or without notice to us shall in any manner discharge or otherwise howsoever effect this guarantee and our liabilities and commitment there under.

5. The guarantee shall be binding on us and our successors in interest and shall be irrevocable. 6. This guarantee shall not be affected by any in the constitution of the guarantor bank or the

constitution of ______________________________________. 7. This guarantee shall remain valid upto __________________.


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Annexure – C CONTRACT FORM

ARTICLES OF CONSULTING SERVICE CONTRACT

THIS Consulting Service Contract (“CSC”) is made and entered into Karachi on the ______ day of __________, 2018,

~BY & BETWEEN~ PAKISTAN NATIONAL SHIPPING CORPORATION (PNSC) a statutory body incorporated under Pakistan National Shipping Corporation Ordinance 1979 (XX of 1979) having its Head Office in P.N.S.C. Building, Moulvi Tamizuddin Khan Road, Karachi, Pakistan (hereinafter referred to as the “PNSC/Corporation”, which term wherever it occurs in this Contract shall mean and include its successors-in-interest, executors and permitted assigns); party of the FIRST PART.

~AND~

M/s ________________________, a Consultant duly organized and existing under the laws of ____________________________, having its registered office at ________________________ (hereinafter referred to as “Consultant/Advisor” which term wherever it occurs in these presents shall mean and include its successor-in-interest, executors and permitted assigns); party on the SECOND PART. WITNESSETH: WHEREAS, under the procedures, bids have heretofore been received by the Corporation for carrying out “_____________________________________________________________” work and the tender of the Consultant for the said work has been accepted by the Corporation. NOW THEREFORE, for and in consideration of the promises, negotiations, covenants and agreements hereunder contained and to be performed by the parties hereto, the said parties hereby covenant and agree as follows:- Article-1 Work and Cost of the Work:

i. In consideration of the covenants and agreements to be kept and performed by the consultant and for the faithful performance of this Contract and the completion of the work embraced therein according to the specification and condition herein contained and referred to or agreed to in course of subsequent negotiations and in accordance with the Contract, the Corporation shall pay and the Consultant shall receive and accept as full compensation for everything furnish and done by the consultant under this contract as sum of approximately Rs. ___________ ( ___________________________________), or such other sums as may be ascertained in accordance with the conditions of contract, etc. and at rates quoted against each item of work and agreed to and accepted by the parties as one instrument, and at the times and in the manner prescribed by the conditions of the Contract.

ii. The Consultant at his own proper cost and expense shall do all work and furnish all labor, materials, tools, supplies, machinery and other equipment that may be necessary for the satisfactory completion of all the works as set forth in the contract documents. _______________________ __________________________

Initial of the Party at First Part Initial of the Party at Second Part


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Article-2 - Time: The maintenance of a rate of progress in the works at a rate which will result in its completion within the specified time, is of the essence of the contract and the Consultant agrees to proceed with all the due diligence and care at all times to take all precautions to ensure the timely completion as defined herein: time being deemed to be essence of the Contract on part of the Consultant. The said work shall be started on the Consultant‟s receipt from the Corporation of a written order to proceed, and the Consultant shall have the work called for duly and fully complete in total __________ months (including ________ (____) week‟s mobilization period) from the date of issuance of such order.

Article-3 – Contract Documents:

It is understood and agreed that the contract documents which comprise this Contract are attached hereto and made a part hereof and consist of the following:- a) The Article of Consulting Service Contract. b) Bid (submitted vide letter No.___________________, dated ______________ comprising

letter of invitation, instructions to bidders, Scope of Work, General Conditions of Contract, Schedule of requirement etc.).

c) Notice of Award (Letter of Intent (LOI) No. PNSC/MAT/S&C/________, dated ____________. d) Acceptance by the Consultant on the copy of LOI. e) Letter to Proceed No. PNSC/PROC/S&C/_____, dated _______________. f) Performance Bank Guarantee No. _____________, dated ___________, amounting to Rs.

____________ issued by M/s. _______________________________.

Article-4 – Settlements of Dispute:

a) This Contract shall be governed by the laws of the Islamic Republic of Pakistan and the courts at Karachi shall have exclusive jurisdiction.

b) Any claims, demands, cause of action, controversies, dispute(s) in relation to any matter connected with or arising out of this Contract including any question regarding its existence, breach, validity or termination and not amicably settled between the parties themselves shall be referred to arbitration by appointing a Sole Arbitrator mutually acceptable to parties hereto or to two Arbitrators, one each to be appointed by the two parties, and the said Arbitrators shall appoint an Umpire before entering upon the reference, and the award of such Sole Arbitrator or the two Arbitrators or the Umpire, as the case may be, shall be final and binding on both the parties. The arbitration shall be governed by the Arbitration Act 1940 as modified or re-enacted and in force from time to time. The venue of arbitration shall be at Karachi.

Article-5 – Termination for Default:

PNSC, without prejudice to any other remedy for breach of Contract, by giving one month written notice of default sent to the Consultant, may terminate this Contract in whole or in part: a) If the Consultant fails to completed work / services, within the period allowed specified in the

Contract or within any extension thereof granted by PNSC;

_______________________ __________________________ Initial of the Party at First Part Initial of the Party at Second Part


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b) If the Consultant fails to perform any other obligation(s) under the Contract and / or violation / contravention of any other terms and conditions mentioned therein;

c) If the Consultant assigns any of this service without PNSC consent and / or in case of found

corrupt or fraudulent practices in competing for or in executing the Contract;

d) If PNSC during the completion period of the Contract has reason to believe that Consultant will not be able to fulfill obligations under the Contract.

Article-6 – Contract Amendments:

No variation in or modification of the terms of Contract shall be made except by written amendment signed by the parties.

Article-7 – Assignment:

The Consultant shall not assign, in whole or in part, its obligations to perform under this Contract to a third party without the consent of PNSC. It is agreed by the parties to the contract that the contract shall be executed in two counterparts; one copy to be retained in the office of the Pakistan National Shipping Corporation and one given to the Consultant. IN WITNESS WHEREOF, the parties hereto have signed this Contract and has caused the common seal to be affixed on the Contract in the manner hereinafter appearing on the day and year first here-in-above written. For and on behalf of Pakistan National Shipping Corporation (PNSC):

For and on behalf of ____________________ (Consultant):

Signature: : Signature: :

Name:

: Name: :

Designation

: Designation :

TEL

: TEL :

In presence thereof:

Signature:

: Signature: :

Name:

: Name: :

Designation

: Designation :

TEL

: TEL :


27

Annexure – D

Integrity Pact

[Name of Consultant] hereby declares its intention not to obtain or induce the procurement of any contract, right, interest, privilege or other obligation or benefit from Government of Pakistan or any administrative subdivision or agency thereof or any other entity owned or controlled by it (GoP) through any corrupt business practice. Without limiting the generality of the foregoing, [Name of Consultant] represents and warrants that it has fully declared the brokerage, commission, fees etc. paid or payable to anyone and not given or agreed to give and shall not give or agree to give to anyone within or outside Pakistan either directly or indirectly through any natural or juridical person, including its affiliate, agent, associate, broker, consultant, director, promoter, shareholder, sponsor or subsidiary, any commission, gratification, bribe, finder‟s fee or kickback, whether described as consultation fee or otherwise, with the object of obtaining or including 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 Consultant] certifies that it has made and will make full disclosure of all agreements and arrangements with all persons in respect of or related to the transaction with GoP and has not taken any action or will not take any action to circumvent the above declaration, representation or warranty. [Name of Consultant] accepts full responsibility and strict liability for making any false declaration, not making full disclosure, misrepresenting facts or taking any action likely to defeat the purpose of this declaration, representation and warranty. It agrees that any contract, right, interest, privilege or other obligation or benefit obtained or procured as aforesaid shall, without prejudice to any other right 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 Consultant] 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 Consultant] 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. ________________________ Signature of the Consultant (Name, Title and Address) (Official Seal)


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Annexure – E TECHNICAL PROPOSAL

Technical proposal should be submitted on the following format.

Title Page Should indicate name of the project, proponent‟s name, address, telephone number, email, website address, etc

Letter of Recommendation Introduction to the organization signed by the organization‟s partner.

Table of Contents Indicating all sections/subsections with page numbers.

Executive Summary An executive summary of key features contained in the proposal.

Organization Profile An overview of the organization, it‟s standing in Pakistan and at international level, objectives and

experience

General

Type of business entity i.e. sole proprietorship or partnership firm;

Place and year of Registration

Principal place of business

Location of branch offices and/or affiliates

Name of all the key personnel in the organization including their positions and structure within

country of origin

Main business activities and relevant specializations

Relevant Experience Information with respect to experience includes the following:

Client name

Location of the project

Description of work

Year of Assignment

Assignment Duration

Details of manpower deployed

Assignment outcome


29

Existing and past relationship With Corporation The Consultant firm shall provide a statement showing their understanding of corporation‟s business

in particular and Infrastructure projects in general along with a detail of their existing and past

association with the Corporation, if any.

Organization and Capability Proprietary tools, methodology and personnel level by indication category of the specialization

relevant to the assignment.

Financial Credibility The Consultant firm is required to prove their financial credibility to conduct their business. In order

to prove the same, following documents have to be submitted along with the proposal:

Bank Reference Letter

Audited Financial Statements for the last two years

The corporation will evaluate financial credibility of the firm on the basis of above-mentioned

documents.

Additional Information Proposal should be comprehensive and complete in all respect and cover all the information requested in this document. Consultant firm should provide any information that the Consultant firm may deem useful for the Assignment. All additional information should be placed as annexure.


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Annexure – F

FINANCIAL BID

SCHEDULE OF REQUIREMENTS

POLICIES AND PROCEDURES REVIEW AND REDESIGN

Lump sum quotation for engagement relating to policies and procedures review and redesign, which broadly includes following major activities:

S # Description

1 Policy review

2 Procedures‟ and control review

3 Policies and procedures‟ redesign and redevelopment (Business process re-engineering)

4 Implementation / Deployment and Capacity building

5 Testing of new procedures and post implementation review

Quoted Prices: PKR _______________________ Amount in words: ___________________________________________ ___________________________________________ Note:

1. The quoted price shall be inclusive of all duties and Taxes as may be applicable. 2. Bidders are essentially required to quote their rates on bid form. Rates quoted on

other than bid form will not be entertained. 3. The Project to be completed within a period of Eighteen (18) Months from the date of

engagement.

Signature: __________________________________ Name: _____________________________________ Name of Bidder: ______________________________ Stamp: _____________________________________ Date: _______________________________________

INVAT To Bid.pdfPolicies - Redesign.pdf

REQUEST FOR EXPRESSION OF INTEREST Policies and … · Income Tax and Sales Tax Departments (FBR /...

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