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Request for Proposal (RFP) for

Recruitment of Police Constables in

Khyber Pakhtunkhwa Police

____________________________________________________

Last Date for Submission: 25 /01 / 2017 at 11:00 hours

____________________________________________________

Inspector General of Police,

CPO, Khyber Road, Peshawar

Phone: 091-9210931 / 9211653

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Table of Contents

Section-I

Expression of Interest

Section -II

Instruction to Firms

Section -III

Terms of References &Evaluation Methodology

Section-IV

General Condition of Contract

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Section-I

Expressions of Interest (EOI)

Khyber Pakhtunkhwa Police is interested in engaging the services of a reputed and experienced

testing agency for conducting Physical & Written test for recruitment of Constables. Expressions

of interest (EOI) are, therefore, invited from registered testing firms/agencies for the forthcoming

recruitment in Police Department against the posts of constable.

Request for proposal (RFP) containing complete scope of assignment and shortlisting/evaluation

criteria can be obtained from the office of AIG/Establishment or can be downloaded from Police

Website www.kppolice.gov.pk from date of publication of this advertisement in the newspaper

till last day for submission of bids.

Expression of Interests along with requisite documents/profile may be submitted in the office of

undersigned on or before 25/01/2017 at 11:00 am which will be opened on the same day at

1130am at CPO Conference Room in the presence of members of the committee and the bidders

who choose to be present. The following document will be submitted along with the EOI/RFP

i. Firm/Agency profile. ii. Specific/similar experience with LEAs. iii. General experience of the firm with other Govt. departments. iv. Proposed methodology. v. Qualification/competence and ready availability of team to conduct tests. vi. Capacity & capability of the firm’s project team to conduct test as per general

accepted standards throughout KPK within the given time frame.

vii. Only registered testing firms/agencies who are on active tax payers list (ATL) of FBR are eligible.

viii. Audit reports / statement for the last 3 years.

The competent authority may reject all proposals at any time prior to the acceptance of proposal

as per rule 47 of KP Procurement Rule 2014. The competent authority shall upon request

communicate the grounds for rejection of proposal.

AIG/Establishment

For Provincial Police Officer,

Khyber Pakhtunkhwa, Peshawar

http://www.kppolice.gov.pk/

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Section II

Instruction to the Firms

1. Introduction

Khyber Pakhtunkhwa Police is interested in engaging the services of a reputed and

experienced testing agency under Quality and Cost Based System for conducting

Physical, Written test for recruitment of Constables. Expressions of interest (EOI) are,

therefore, invited from registered testing firms/agencies for the forthcoming

recruitment in Police Department against the posts of constable.

2. It would be deemed that by submitting a proposal, the bidder has:

made a complete and careful examination of the RFP/TOR document and agrees

to all conditions and implications that arise from it;

sought, obtained and perused all relevant information for the submission of the

proposal;

3. Eligible Bidders

The Testing Agency must be registered under the law of Pakistan or have an agreement to work in Pakistan. Documentary evidence must be provided.

The Testing Agency with minimum 3 year experience of conducting tests of general cadres with different public/semi Govt. departments.

The Testing Agency with minimum 2 year experience should have credible and strong indications of their capability to conduct fair, valid and reliable physical and written tests’s

experiences with different departments/organizations.

The Testing Agency must have their own established set up with latest equipment’s to manage both physical and written test in agreed 10 Districts (as mentioned above) of

Khyber Pakhtunkhwa for more than 30,000 candidates at a time.

The Testing Agency should be registered with Income Tax and Sales Tax Departments (Registration Numbers should be clearly mentioned and valid documentary evidence be

attached).

The Testing Agency shall not presently black-listed by any of the Federal/Provincial Government in Pakistan.

The Testing Agency may not be defaulter of the Government or any Scheduled Commercial Bank.

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4. Costs and Liabilities

No financial liabilities incurred by Testing Agency before, during or after the process

of recruitment shall lie against the Police Department in relation to any activity

carried out, task performed or process completed by the Testing Agency.

The Police Department will not pay to Testing Agency any expenses or costs incurred

by Testing Agency before, during or after the process of recruitment on account of

any activity carried out, tasks performed or processes completed by the Testing

Agency.

5. Taxes

The Consultant will be subject to all admissible taxes including stamp duty and service charges at a

rate prevailing on the date of contract agreement unless exempted by relevant tax authority.

6. Proposal Validity

The price shall remain valid for a period of 90 days from the date of opening of technical

proposal.

7. Currency

All currency in the proposal shall be quoted in Pakistan Rupees (PKR).

8. Bid Rejection

Procuring Agency may reject all or any bid subject to the relevant provisions of Khyber

Pakhtunkhwa Public Procurement Rules 2014.

9. Preparation of Proposals The technical bid shall comprise the following details/documents:

i. Form TECH-1. Technical Proposal Submission Form ii. Form TECH-2. Consultant’s Organization and Experience

a. A-Consultant’s Organization

b. B-Consultant’s Experience iii. Form TECH-3. Description of Approach, Methodology and Work Plan for Performing

the Assignment

iv. FORM TECH-4. TEAM COMPOSITION AND TASK ASSIGNMENTS v. Form TECH-5. Curriculum Vitae (CV) for Proposed Professional Staff

vi. FORM TECH-6. STAFFING SCHEDULE vii. FORM TECH-7. WORK SCHEDULE

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viii. Documentary evidence of income tax and sales tax paid during the last three financial years.

ix. Undertaking to the effect that the Testing Agency is not presently black-listed by any of the Federal/Provincial Government in Pakistan.

x. Undertaking to the effect that the Testing Agency is not defaulter of the Government or any Scheduled Commercial Bank.

xi. Proof of registration of Testing Agency under the law of Pakistan or have an agreement to work in Pakistan. Documentary evidence must be provided.

10. Financial Proposal

The Financial Proposal shall be prepared using the tabular forms. It shall list all costs

associated with the assignment. If appropriate, these costs should be broken down by

activity. All activities and items described in the Technical Proposal must be priced

separately; activities and items described in the Technical Proposal but not priced, shall

be assumed to be included in the prices of other activities or items.

The financial proposal should be submitted for the whole project with a component wise

breakup. The total price quoted for the project will be considered for comparison of

quotes. Price quoted will be firm for the entire contract. All prices to be quoted in Pak-

rupee, and must clearly state all applicable taxes which must be included in the quoted

price.

11. Submission of Proposal and opening of proposal

The technical and financial proposals sealed in separate envelope clearly marking as

“Technical Proposal” and ”Financial Proposal” in bold letters should be delivered on or

before 11:00AM, 25-01-2017. The technical proposals shall be opened on the same day at

11:30 am in the presence of representatives of testing services who choose to be present. The

financial proposals of only technically qualified firm will be opened at a given date and time

to be communicated to the technically qualified bidders.

12. Evaluation Criterion (Technical and Financial)

A complete technical and financial criteria is provided in the TOR.

13. Professional liability of a consultant

The testing service shall be held liable for all losses or damages and short comings in

deliverance etc. suffered by the procuring entity as a result of mis-conduct or inadequate

services in performing the testing services in accordance with rule 29 of KP Procurement

Rules, 2014.

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Section III

Terms of References

1. Introduction/Background

The Police Department of Khyber Pakhtunkhwa affirming that the engagement of Testing

Agency in the process would ensure the conduct and completion of recruitment in a manner that

is fair, merit-based, transparent and verifiable;

The Government of Khyber Pakhtunkhwa is seeking proposals for the conduction of physical

and written tests of eligible candidates having domicile of Khyber Pakhtunkhwa in professional

manner.

2. Objectives

Acknowledging that employment opportunity in the Police Department is the equal right of all eligible candidates;

Recognizing that the aims and objectives of good governance in Police Department can be achieved partially by streamlining and improving the process of recruitment of

constables;

Assuring that the process of recruitment shall be conducted in such a manner that external influence and interference of any kind is fully done away with;

Advertisement vetted by police in leading newspapers;

3. Scope of Work Testing Agency will directly receive applications from candidates for recruitment as

constables.

Testing Agency will upload application form along with guidelines/instructions for

candidates on the Testing Agency website.

Testing Agency will be entitled to receive a processing fee per application to be

collected directly by Testing Agency in a suitable manner.

Testing Agency will not claim any other fee from the candidate or from the Police

Department on account of any activity carried out, any process conducted or task

performed before, during or after the process of recruitment.

Eligibility of candidates for recruitment as constable shall be as under:-

o Qualification: Matriculation o Age: 18-25 years o District: District of Domicile

(Permanent Address in the CNIC of a candidate shall be accepted as a proof of domicile)

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o Minimum Height Male: 5 Ft &7 Inches and Female: 5 Ft & 1 Inch o Minimum Chest Male only: 33 x 34 ½ Inches

Relaxation in age-limit, condonation in physical measurement or quotas allotted to

certain categories of candidates shall apply in accordance with rules/policy approved

by the Government or the Police Department. The Police Department will provide

details of such categories of candidates to the Testing Agency.

Testing Agency will be solely responsible for the identification of candidates, vetting

of their document and processing of their applications.

Testing Agency will carry out and complete the physical measurement, physical

endurance test and written test in the following ten (10) testing centers, covering the

Districts mentioned against each:

DI Khan: Covering DI Khan and Tank Districts;

Bannu: Covering Bannu and Lakki Marwat Districts;

Kohat: Covering Kohat, Hangu and Karak Districts;

Peshawar: Covering Peshawar District only;

Mardan: Covering Mardan, Nowshera, Charsadda and Sawabi Districts;

Mingora: Covering Swat, Bunir and Shangla Districts;

Timargara: Covering Lower Dir, Upper Dir Districts;

Chitral: Covering Chitral District only;

Abbottabad: Covering Abbottabad and Haripur Districts; and

Mansehra: Covering Mansehra, Kohistan, Batagram and Torghar Districts.

Testing Agency will upload downloadable Application Form and

Guidelines/Instructions on the Testing Agency website for the candidates. Testing

Agency will also provide a limited number of application forms (150-200) to the

concerned DPO office from where the candidates can collect them.

Physical Measurement of Candidates

Testing Agency shall carry out physical measurement of all applicants in accordance

with the eligibility criteria of physical measurement.

Testing Agency will also hire the services of retired army officers, not below the rank

of a Lt. Colonel for each testing centre for conducting the physical measurement.

Relaxation/condonation in the required physical measurement to certain categories of

candidates shall apply in accordance with the rules/policy approved by the

Government or the Police Department. The Police Department will provide details of

such categories of candidates to Testing Agency.

Candidates will appear for physical measurement and tests only in the test centres

allocated to their Districts of Domicile.

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Physical Endurance Test

Testing Agency will conduct a physical endurance test only for those candidates who

stand eligible for recruitment in accordance with the eligibility criteria.

Candidate shall undergo a physical endurance test as per the following detail:

Male candidate: Shall complete 1 Mile run in 7 minutes time

Female candidate: Shall complete 1 Mile run in 9 minutes time

Written Test

Testing Agency shall conduct a written test only of those candidates who qualify the

physical endurance test.

The written test, based on the standard of Matric syllabus, shall consist of one paper

carrying 100 marks and shall be taken in the following subjects:

English Comprehension: 20 Marks

Urdu Comprehension: 20 Marks

Islamiyat: 20 Marks

General Knowledge (Including Pak Studies): 20 Marks

Essay Writing: 20 Marks

Total Marks: 100 Marks

Essay writing will be in urdu and it will be compulsory to attempt.

Additional qualification marks will be added to the total numbers obtained in the

written test as per the following criteria:

Intermediate: 2 Marks

Bachelor Degree: 2 Marks

Masters Degree and above: 1 Mark only

Additional qualification marks shall not exceed a total of 5 marks in any case

4. Deliverables Compilation of Lists of Qualified Candidates in the Order of Merit

Testing Agency will compile the results of the selection process District-wise and

submit the same within the stipulated time to the Police Department in the following

formats:

List of all candidates applying for recruitment;

List of all candidates appearing in the Testing Agency tests, both physical and

written;

List of all candidates appearing in the written test;

Open Merit List for all candidates qualifying written test;

Merit List for Police Sons;

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Merit List of female candidates.

The lists shall provide details of each individual candidate, including his/her name,

father name, date of birth, address, district, highest qualification, height & chest

measurement, result of physical endurance test, marks obtained in the written test,

qualification marks, total marks and merit position.

The Police Department and Testing Agency separately will establish a

helpline/service centre for providing information in connection with recruitment to

the Applica Testing Agency. The phone numbers of these help-lines will be

mentioned in the advertisement.

Testing Agency will, in addition to the application form and guidelines/instructions

for candidates, upload sample papers and paper composition on its website. The

Police Department will provide a link on its own website to the Testing Agency

website for public information.

Testing Agency will compile and maintain lists/records of all candidates joining the

recruitment process in a manner that these records are transparent and verifiable.

Testing Agency will arrange/provide staff and make other administrative, logistic and

other necessary arrangement for processing all applications, conduct and completion

of physical measurement, physical endurance test and written test.

Testing Agency will be responsible to transmit all necessary information to

candidates, including Roll No. Slips, Application Form, Guidelines/Instructions,

Sample Papers and other relevant information well in time

Video making of all activities will be ensured & will be produced to Police

Department for record.

Special Measures will be taken to foil impersonation by the candidates.

CNIC of candidates will be checked through vyrasis system at each stage i.e

finalization of physical measurement before physical endurance test, in written test

and psychological assessment test.

Finger prints of candidates will be obtained at each stage i.e finalization of physical

measurement, before physical endurance test, in written test & in psychological

assessment test. The finger prints so obtained will be get matched and verified before

finalization of results.

The testing agency will be responsible to explain and clarifying to police department

in cases of discrepancies detected at any stage in measurement or identity of

candidates.

12. Schedule of delivery

The entire selection process conducted by Testing Agency shall be completed by Testing Agency

within 60 days, counted from the date of advertisement till the final submission of the final merit

lists to the Police Department.

Drawal/payment of process fee

There shall be a joint account of the parties i.e. Testing Agency & the Police Department

wherein approved process fee will be deposited by the candidates. The fee will be drawn

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by the agency in the following percentage of the total fee on achieving the milestone

given as under:-

a. Completion of Physical measurement test 20%

b. Completion of Physical Endurance Test 20%

c. Completion of Written Test 30%

d. Result announcement 10%

e. Quarries clearance and completion of the whole process 20%

13. Evaluation Criterion (Technical and Financial) Detailed technical evaluation will be done on the following criteria where the firm/agency gives

its work experience. It will also attach successful completion of the project certificate by the

concerned hiring organization.

Ratings for the technical and financial proposal will be as follows:

Sr. No. Description Evaluation Weight-age

1. Technical Proposal 70%

2. Financial Proposal 30%

(i) Technical Evaluation

Technical scoring out of 100 = A

Carried Forward & Prorated Technical scoring = A x 0.7

1.2 Financial Evaluation

Financial bids of The Technically qualified Firms will be opened before the

representatives who wish to attend the tender opening. The Firm must obtain sixty marks

in Technical Evaluation. 30% weight-age will be given to Financial Proposals of the

Firms. The formula for financial scoring is that the lowest bidder gets 30 points and for

the other bidders (Quoted bid of the bidder, Divided by lowest bid, multiplied by 30).

Value quoted by lowest bidder = A

Value quoted by second lowest bidder = B

Value quoted by third lowest bidder = C

Financial scoring of the lowest bidder will be = 30

Financial scoring of the second lowest bidder will be= (A/B)*30

Financial scoring of the third lowest bidder will be = (A/C)*30

1.3 Total Score

(70% of Technical Score + Financial Score) = Total Score

Points obtained in the detailed technical evaluation will be carried forward & prorated. Tender will be awarded to the Firm with maximum accumulative points (Technical Score + Financial Score

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Technical Proposal Marking Criteria

1.Experience of the Firm 30 marks i. Year of Experience (2 for each year up to Max 10) 10

ii. Total No. of Projects handled (2 for each project up to Max 10) 10

ii. No. of Projects handling 30000 plus candidates at a time (1 for each project up to Max 5) 5

iv. No of successfully completed Projects in Public Sector (1 for each up to Max 5) 5

2. Financial Strength 30 marks Balance sheet of the Bidder (1 point for each Rs. 2 million in positive consolidated net worth of the bidder) 20

3. HR Capacity of the Bidder 25 marks i. Team comprising of System Analyst/ Programmer/Database Administrator/Network Administrator 10

a. Experience (2 marks for each year) 4

b. Academics (2 marks for MS, MIT, MCS or higher) 6

ii. Team for Physical measurement, Efficiency & Endurance tests 5

a. Experience (1 mark for each year), (preferably comprising of Ex-ISSB/Ex-Army Selection & Recruitment Centre) 3

b. Academic (2 marks for MSc Health & Physical Education) 2

iii. Team comprising of supervisors & Invigilators (One invigilator for 30 candidates) 5

iv. Examiners/Paper Checkers 5

a. Experience (1 mark for each year) 3

b. Academic (2 mark for MS, MIT, MCS or higher) 2

4.Project Plan 10 marks Over all implementation plan of the project including time lines for Need Analysis, description of system as per activities given in RFP including Capacity, evaluation, ongoing technical support, video making of all activities, standardized equipment for physical measurement, identity verification system, time frame for each activity, computerized system of paper checking, web portal and any other etc.

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5. Methodology 15 marks

a. Understanding of the Project 5

b. Proposal Presentation 5

c. implementation Methodology 5

Total 100

Note:- Minimum Marks Required for Technical Qualification are 70.

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Technical Proposal - Standard Forms

FORM TECH-1. TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date] To: [Name and address of PE ] Dear Sirs:

We, the undersigned, offer to provide the services for [Insert title of assignment] in

accordance with your Request for Proposal dated [Insert Date] and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal, and a Financial Proposal sealed

under a separate 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 all the information and statements made in this Proposal are true and accept that any misinterpretation contained in it may lead to our disqualification.

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

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

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

We remain,

Yours sincerely, Authorized Signature [In full and initials] '. ____________________________

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

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For FTP Only

Form TECH-2. Firm’s Organization and Experience

A – Firm’s Organization

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

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B - Firm’s Experience

[Using the format below, provide information on each assignment for which your firm, and each associate for this assignment, was legally contracted either individually or as a corporate entity or as one of the major companies within an association, for carrying out testing services similar to the ones requested under this assignment. Use 20Pages.]

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

Country: Duration of assignment (months): Location within country:

Name of PE: Total No of staff-months of the assignment:

Address: Approx. value of the services provided by your firm

under the contract (in PKR)

Start date (month/year): Completion date No of professional staff -months provided by (month/year): associated Consultants:

Name of associated Consultants, if any: Name of senior professional staff of your firm involved and functions Performed (indicate most significant profiles such as Project Director/Coordinator, Team Leader):

Narrative description of Project:

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

Firm’s Name:

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Form TECH-3. Description of Approach, Methodology and Work Plan for Performing the Assignment

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

a) Technical Approach and Methodology,

b) Work Plan, and

c) Organization and Staffing, a) Technical Approach and Methodology. In this chapter you should explain your understanding of the objectives of the assignment, approach to the services, methodology for carrying out the activities

and obtaining the exacted output, and the degree of detail of such output. You should highlight the

problems being addressed and their importance, and explain the technical approach you would

adopt to address them. You should also explain the methodologies you propose to adopt and

highlight the compatibility of those methodologies with the proposed approach. b) Work Plan. In this chapter you should propose the main activities of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the PE), and delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing understanding of the TOR and ability to translate them into a feasible working plan. A list of the final documents, including reports, drawings, and tables to be delivered as final output, should be included here. The work plan should be consistent with the Work Schedule of Form TECH-8. c) Organization and Staffing. In this chapter you should propose the structure and composition of your team. You should list the main disciplines of the assignment, the key expert responsible, and proposed technical and support staff.]

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FORM TECH-4. TEAM COMPOSITION AND TASK ASSIGNMENTS

Professional Staff

Name of Staff Firm Area of Expertise Position Assigned Task Assigned

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FORM TECH-5. CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

1. Proposed Position [only one candidate shall be nominated for each position]: _________ 2. Name of Firm [Insert name of firm proposing the staff]: ___________________________

3. Name of Staff [Insert full name]: _______________________________________________

4. ____________________________________ Date of Birth: ______________________________________ Nationality: __________________________

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

6. Membership of Professional Associations: _____________________________________

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

obtained]: _______________________________________________________________________

8. Countries of Work Experience: [List countries where staff has worked in the last ten years]: 9. Languages [For each language indicate proficiency: good, fair, or poor in speaking,

reading, and writing]: 10. Employment Record [Starting with present position, list in reverse order every employment held by staff

member since graduation, giving for each employment (see format here below): dates of employment, name of employing organization, positions held. ]:

From [Year]: ____ To [Year]:

Employer: __ Positions held: _________

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11. Detailed Tasks Assigned [List all tasks to be Performed under this assignment]

12. Work Undertaken that Best Illustrates Capability to

Handle the Tasks Assigned [Among the assignments in which the staff has been involved, indicate the following information for those assignments that best illustrate staff capability to handle the tasks listed under point 11.]

Name of assignment or project: Year: Location: PE: Main project features: Positions held: Activities Performed:

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12. Certification:

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

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

Full name of authorized representative: _______

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Form Tech 6. Staff

N° Name of Staff 2

Staff input (in the form of a bar chart) Total staff-month input

i 2 3 4 5 6 7 8 9 10 11 12 n Home Field3 Total

Foreign(if any)

1

2

3

n

Local

1

2

n

[Home] [Field\

1

Subtotal

[Home] [Field\

Subtotal

Total |

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

Full time input Part time input

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Form Tech 7. Work Schedule

No Activity Weeks

1 2 3 4 5 6 7 8

1

2

3

4

5

n

1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports),

and other benchmarks such as PE approvals. For phased assignments indicate activities, delivery of reports, and

benchmarks separately for each phase. 3

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3 Duration of activities shall be indicated in the form of a bar chart.

Section-V

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 Khyber Pakhtunkhwa Public Procurement Rules,

thereunder Rules 2014.

(b) “Procuring Entity PE” means the implementing department which signs the contract

(c) “Contract” means the Contract signed by the Parties and all the attached documents listed in its Clause 1, which is General Conditions (GC), the Special Conditions (SC), and the Appendices.

(d) “Effective Date” means the date on which this Contract comes into force and effect

pursuant to Clause GC 2.1.

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(e) “Foreign Currency” means any currency other than the currency of the PE’s country.

(f) “GC” means these General Conditions of Contract.

(g) “Government” means the Government of Khyber Pakhtunkhwa.

(h) “Local Currency” means Pak Rupees.

(i) “Member” means any of the entities that make up the joint venture/consortium/association, and “Members” means all these entities.

(j) “Party” means the PE or the contractor, as the case may be, and “Parties” means both of

them.

(k) “BOT” means billing on transaction.

(l) “Personnel” means Persons hired by the contractor or by any Sub contractors and assigned to the Performance of the Services or any Part thereof.

(m) “SC” means the Special Conditions of Contract by which the GC may be amended or

supplemented. (n) “Services” means the testing services to be performed by the contractor pursuant to this

Contract, as described in the Terms of References. (o) “Sub-contractors” means any Person or entity to whom/which the contractor subcontracts

any Part of the Services. (p) “In writing” means communicated in written form with proof of receipt.

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General Condition of Contract 1.2 Law Governing

Contract

1.3 Language

1.4 Notices 1.5 Location

This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the applicable law. This Contract is executed in the language specified in the SC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. 1.4.1. Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in Person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in the SC.

1.4.2 A Party may change its address for notice hereunder by giving the other Party notice in writing of such change to the address specified in the SC.

The Services shall be performed at such locations as are specified in special condition of contract and, where the location of a Particular task is not so specified, at such locations, whether in the Government’s country or elsewhere, as the PE may approve.

1.6 Authority of Member in

Charge

In case the contractor consists of a joint venture/ consortium/ association of more than one individual firms, the Members hereby authorize the individual firms or specified in the SC to act on their behalf in exercising all the contractor’s rights and obligations towards the PE under this Contract, including without limitation the receiving of instructions and Payments from the PE.

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General Condition of Contract

1.7Authorized

Representatives

1.8 Taxes & Duties

1.9 Fraud Corruption

Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the PE or the contractor may be taken or executed by the officials specified in the SC.

The contractor, Sub-contractor, and their Personnel shall pay such direct or indirect taxes, duties, fees, and other impositions levied under the Applicable Law, the amount of which is deemed to have been included in the Contract Price. A. If the PE determines that the contractor and/or its Personnel, sub-contractors, sub-contractors, services providers and suppliers has engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices, in competing for or in executing the Contract, then the PE may, after giving 14 days’ notice to the contractor, terminate the contractor's employment under the Contract, and may resort to other remedies including blacklisting/disqualification as provided in KPPR 2014. Any Personnel of the contractor, who engages in corrupt, fraudulent, collusive, coercive, or obstructive practice during the execution of the Contract, shall be removed in accordance with Sub-Clause 4.2. Integrity Pact B. If the contractor or any of his Sub-contractors, agents or servants is found to have violated or involved in violation of the Integrity Pact signed by the contractor, then the Client shall be entitled to:

(a) recover from the contractors an amount equivalent to ten times the sum of any commission, gratification, bribe, finder’s fee or kickback given by the contractor or any of his Sub-contractor, agents or servants; (b) terminate the Contract; and (c) Recover from the contractor any loss or damage to the Client as a result of such termination or of any other corrupt business practices of the contractor or any of his Sub-contractor, agents or servants.

Termination of the Contract shall be made according to KPPRA Rules 2014.

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General Condition of Contract

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT

2.1 Effectiveness of This Contract shall come into effect on the date the Contract is signed by

Contract either Parties or such other later date as may be stated in the SC. The date the Contract comes into effect is defined as the Effective Date.

2.2 Commencement The contractor shall begin carrying out the Services not later than the

Services number of days after the Effective Date specified in the SC. 2.3 Expiration of

Contract

2.4 Modifications or Variations

2.5 Force Majeure

Unless terminated earlier pursuant to Clause GC 2.6 hereof, this Contract

shall expire at the end of such time period after the Effective Date as specified in the SC.

Any modification or variation of the terms and conditions of this

Contract, including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties. However, each Party shall give due consideration to any proposals for modification or variation made by the other Party.

The failure on the Part of the Parties to Perform their obligation under the contract will not be considered a default if such failure is the result of natural calamities, disasters and circumstances beyond the control of the parties.

2.5.2 No Breach

of Contract

2.5.3 Extension

of Time

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 as soon as possible about the occurrence of such an event.

Any period within which a party shall, pursuant to this Contract, complete any action or task, will be extendable as deemed fit by PE.

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General Condition of Contract 2.6 Termination 2.6.1 By the PE

The PE may terminate this Contract in case of the occurrence of any of the events specified in Paragraphs (a) through (f) of this Clause GC 2.6.1. In such an occurrence the PE shall give a not less than thirty (30) days’ written notice of termination to the contractor, and sixty (60) days’ in the case of the event referred to in (e). (a) If the contractor does not remedy the failure in the Performance of

their obligations under the Contract, within thirty (30) days after being notified or within any further period as the PE may have subsequently approved in writing. (b) If the contractor becomes insolvent or bankrupt. (c) If the contractor, in the judgment of the PE has engaged in corrupt

or fraudulent practices in competing for or in executing the Contract. (d) If, as the result of Force Majeure, the contractor(s) are unable to

perform a material portion of the Services for a period specified by PE. (e) If the PE, in its sole discretion and for any reason whatsoever,

decides to terminate this Contract.

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General Condition of Contract 3.1 General

3.1.1 Standard of

Performance

3.2 Conflict of Interests

3.2.1 Prohibition of

Conflicting Activities

3.2.2 Contractors not to Benefit from payment / Commissions, Discounts, etc other than those specified in contract

3.3. Confidentiality

3.4. Contractor’s Actions

Requiring PE’s Prior Approval

3. OBLIGATIONS OF THE Contractor

The contractor shall Perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The contractor shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the PE, and shall at all times support and safeguard the PE’s legitimate interests in any dealings with Sub-contractors or third parties. The contractor shall hold the PE’s interests Paramount, without any consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests. The Contractor shall not engage, and shall cause their Personnel as well as their Sub-Contractors and their Personnel not to engage, either directly or indirectly, in any business or professional activities which would conflict with the activities assigned to them under this Contract. The contractor not to benefit from payments, commissions, discounts etc other than those specified in the contract.

Except with the prior written consent of the PE, the Contractor and the Personnel shall not at any time communicate to any Person or entity any confidential information acquired in the course of the Services, nor shall the Contractor and the Personnel make public the recommendations formulated in the course of, or as a result of, the Services.

The contractor shall obtain the PE’s prior approval in writing before taking any of the following actions: (a) entering into a subcontract for the Performance of any Part of

the Services, (b) any other action that may be specified in the SC.

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General Condition of Contract 3.5. Reporting

Obligations

(a) The contractor shall submit to the PE the reports and documents

specified in agreement. 3.7 Documents (a) All plans, drawings, specifications, designs, reports, other

Prepared by the documents and software submitted by the contractor under this

Contractor to be Contract shall become and remain the property of the PE, and the Property of the contractor shall, not later than upon termination or expiration

the PE of this Contract, deliver all such documents to the PE, together

with a detailed inventory thereof.

(b) The contractor may retain a copy of such documents and software. Restrictions about the future use of these documents, if any, shall be specified in the SC.

3.8.1. The contractor shall keep, and shall cause its Sub-contractor to keep, accurate and systematic accounts and records in respect of the Contract, in accordance with internationally accepted accounting principles and in such form and detail as will clearly identify relevant time changes and costs.

3.8.2. The contractor shall Permit, and shall cause its Sub-contractor to Permit, the PE and/or Persons appointed by the PE to inspect its accounts and records relating to the Performance of the Contract and the submission of the Proposal to provide the Services, and to have such accounts and records audited by auditors appointed by the PE.

3.8. Accounting,

Inspector and Auditing

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General Condition of Contract

4. Contractor’s PERSONNEL

4.1 Description of Personnel

4.2 Removal and/or

Replacement of

Personnel

The Contractor shall employ and provide such qualified and experienced Personnel and Sub-Contractors as are required to carry out the Services. (a) Except as the PE may otherwise agree, no changes shall be made in the Key Personnel. If, for any reason beyond the reasonable control of the Contractor, such as retirement, death, medical incapacity, among others, it becomes necessary to replace any of the Key Personnel, the Contractor shall provide as a replacement a Person of equivalent or better qualifications. (b) If the PE finds that any of the Personnel have (i) committed serious misconduct or have been charged with having committed a criminal action, or (ii) have reasonable cause to be dissatisfied with the Performance of any of the Personnel, then the Contractor shall, at the PE’s written request specifying the grounds thereof, provide as a replacement a Person with qualifications and experience acceptable to the PE. (c) The Contractor shall have no claim for additional costs

arising out of or incidental to any removal and/or

replacement of Personnel.

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General Condition of Contract 5.1 Assistance

5. OBLIGATIONS OF THE PE

The PE shall use its best efforts to ensure that the Government shall provide the Contractor such assistance as specified in the SC.

7. GOOD FAITH

7.1 Good Faith 8.1 Amicable

Settlement

The parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.

8. SETTLEMENT OF DISPUTES The parties agree that the avoidance or early resolution of disputes is crucial for a smooth execution of the Contract and the success of the assignment. The parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or its interpretation.