REQUEST FOR PROPOSALS (RFP) HIRING OF CONSULTANCY SERVICES   NATCO invites sealed bids from well reputed Consultants for Business process reengineering/restructuring. Consultants shall complete all the steps necessary in preparing SOPs, ERP, Training, Implementation and restructuring for NATCO, its Fuel Pumps, Departmental Stores Courier Service and Security Guards to provide maximum value. The technical and financial proposal along with profile shall be submitted through registered courier in a ‘single stage two separate sealed envelopes’ marked as “Technical Proposal” and “Financial Proposal”. The name of the Bidder and tender description shall be clearly marked on the envelopes both Technical and Financial, separately. Bidders are requested to give their best & final prices as no negotiations will be done.  Bidders are required to submit the documents along with following information:
  1. Name, address, telephone, fax number and E-Mail address of consultants.
  2. Ownership and Organization Structure of the consultants.
  3. Financial Statement Summary for the past three years.
  4. List of major (similar) assignment under-taken over the past 5 years.
  5. Name and short CV’s of Principal Staff.
Please note that: 
  1. The Consultancy Firms / Consultants must submit the valid Registration Certificate along with the copy of National Tax Certificate.
  2. Conditional, optional, incomplete and bid not meeting the Evaluation Criteria shall be considered as ‘Non-Responsive’.
  3. Bidder is required to submit a Pay Order of 5000/- only (Non Refundable) in favor of NATCO along with the RFP.
  4. Further, personal canvassing or recommendations will also disqualify the Bidder.
  5. Bidding documents containing Term of References (TORs), Evaluation Criteria and other terms & conditions can be downloaded from.
  6. Prospective bidders are requested to drop their sealed proposals through registered courier on / before 31-01-2017 from the advertisement in the Office of the Managing Director, NATCO Head Office, Jutial Gilgit, Gilgit -Baltistan.
  7. A pre-bid meeting will be held after completion of prequalification process in which participant will give presentation on their proposal.
  8. Post-bid meeting will be held with short listed participants after three days from the opening of bid documents.
  9. Proposals received after due date / time shall not be considered. NATCO will not be responsible for any postal delay.
    The contract with the successful Consultants will be executed as per the NATCO rules and regulation and harmonized with PPRA Rules.   The queries may be referred to Managing Director at md@natco.gov.pk            Managing Director, NATCO Head Office, Jutial Gilgit, Gilgit -Baltistan. Tel: 05811 920792 Email: md@natco.gov.pk www.natco.gov.pk                                     Annexure-C TOR TERMS OF REFERENCES                                       No. _____________________                Date ___________    M/S. _____________________________________    You are hereby invited to submit a technical and financial proposal for consulting services required for the Assignment in the attached LOI Data Sheet, annexed            herewith. Your proposal could form the basis for future consultations and ultimately a contact between your firm and the Client named in the Data Sheet. 
  • A brief description of the Assignment and its objectives are given in the Data Sheet.
  • The Client is undertaking the duty to implement the Project as Executing Agency.
  • To obtain first-hand information on the Assignment and on the local conditions, you are encouraged to visit to Client before submitting a proposal and attend a pre-proposal conference if specified in the Data Sheet. Your representative shall meet the officials concerned. Please ensure that these officials are advised of the visit in advance to allow adequate time for them to make appropriate arrangements. You must fully inform yourself of local conditions and take them into account in preparing your proposal.
  • The Client shall provide the inputs specified in the Data Sheet.
  • Please note that:
  1. The cost of preparing the proposal and the contract, including a visit to the Client, are not reimbursable as a direct cost for the Assignment and
  2. The Client is not bound to accept any of the proposals submitted.
  3. Also please note that, the evaluation committee will correct any computational errors. When correcting computational errors, in case of discrepancy between a partial amount and the total amount, or between word and figures the former will prevail. In addition to the above correction, activities and items described in the technical Proposals but not priced in the financial proposals shall be assumed to be included in the prices of other activities or times. In case any activity or item is quantified in the financial proposal differently from the technical proposal the evaluation committee shall correct the quantification indicated in the financial proposal to make it consistent with that indicated in the technical proposal.
  • To prepare a proposal, please use the attached forms/documents listed in RFP.
  • Consultants requiring a clarification of the documents must notify the Client, in writing, not later than seven (07) days before the proposal submission date. Any request for clarification in writing, or by email shall be sent to the Client’s address indicated in the Data Sheet. The Client shall respond to such request and copies of the response shall be sent to all invited Consultants.
  • At any time before the submission of proposals, the Client may, for any reason, whether at its own initiative or in response to a clarification requested by consulting firm, modify the Documents by amendment. The amendment shall be sent in writing to all short listed consulting firms and will be binding on them. The Client may at its discretion extend the deadlines for the submission of proposals.
    • You are requested to submit technical & financial proposal. Your proposal shall be written in English language.
    • Technical Proposal
      1. In preparing the technical proposal, you are expected to examine all terms and instructions included in this RFP. Failure to provide requested information shall be at your own risk and may result in rejection of your proposal.
      2. During preparation of the technical proposal you must give particular attention to the followings:
1 Comments of Suggestion on the Terms of Reference
2 Approach Paper on Methodology Proposed for Performing the Assignment including: a)    Understanding of Project Objectives and Scope of Work b)    Technical Approach and Methodology c)    Work Plan d)    Organization and Staffing e)    Understanding of Project Objectives and Scope of Work f)     Technical Approach and Methodology g)    Work Plan h)    Organization and Staffing  
3 CVs signed by an authorized person of the firm. Key information should include number of years with the firm and degree of responsibilities held in various assignments.
4 A work plan, illustrated with a bar chart of activities and graphics of the critical path method (CPM) or project evaluation review techniques (PERT) type.
5 Current commitments of the firm
6 Any additional information as requested in the Data Sheet
  1. The technical proposal shall not include any financial information.
  • Financial Proposal
The financial proposal should be prepared and submitted in accordance with forms provided under Annexure – B.  
    • You shall submit one original technical proposal and one original financial proposal and number of copies of each indicated in the Data Sheet. Each proposal shall be in a separate envelop indicating original or copy, as appropriate. All copies of technical proposal shall be placed in an envelope clearly marked “Technical Proposal” and the financial proposals in the one marked “Financial Proposal”. These two envelops, in turn, shall be sealed in an outer envelope bearing the address and information indicated in the Data Sheet. The envelope shall be clearly marked “DO NOT OPEN, EXCEPT IN PRESENCE OF THE EVELUATION COMMITTEE”.
    • The proposal shall contain no interlineations of overwriting except as necessary to correct errors made by the consultants themselves. Any such corrections shall be initialed by the persons signing the proposal.
    • The completed technical and financial proposals shall be delivered on or before the time and date indicated in the Data Sheet.
    • The proposal shall be valid for the number of days indicated in the Data Sheet from the date of its submission. During this period, you shall keep available the professional staff proposed for the assignment.
  • Technical Proposal
The evaluation committee appointed by the CLIENT shall carry out Technical Proposal Evaluation, applying the evaluation criteria and point system specified in the Data Sheet. Each responsive proposal shall be attributed a technical score (s). Firms scoring less than seventy (75) percent points shall be rejected.
  • Financial Proposal
The financial proposals of the technically qualified consulting firms on the basis of evaluation of technical proposals shall be opened in the presence of the representatives of these firms, who shall be invited for the occasion and care to attend. Client shall inform the technically qualified firms regarding the date and time for opening the financial proposals. The total cost of each proposal shall be publicly announced to the attending representatives of the firms. The evaluation committee shall determine whether the financial proposals are complete and without computational errors. The lowest financial proposal among all the qualified bidders shall be given a financial score of 100 points.  After evaluation of Financial Proposals, final ranking of technically qualified firms shall be worked out for a combined technical and financial score using the weights indicated in the Data Sheet.
The proposal evaluated as combined ranked No.1, will be invited to discuss technical and other terms of the contract without delay. The representatives conducting discussion on your behalf must have written authority to discuss all terms and to conclude a binding agreement failing which proposal evaluated as combined ranked No.2 will be invited.  The discussions will conclude with an agreed form of the contract. On completion of discussions the client and the firm will initial the agreed draft contract. 
NATCO shall issue a Letter of Intent (LoI) to the selected CONSULTANT immediately upon acceptance of the bid/proposal. The selected CONSULTANT will sign the contract as per format prescribed by NATCO is appended with RFP after fulfilling all the formalities/pre-conditions mentioned in the Letter of Intent.   The selected CONSULTANT shall commence the assignment immediately after signing of the contract.  
Information relating to evaluation of proposals and recommendations concerning awards shall not be disclosed to the consultants who submitted the proposals or to other persons not officially concerned with the process, until the successful consultant has been notified and it has been awarded the contract.   The CONSULTANT shall take adequate and timely measures to ensure that information provided through it as part of this agreement shall be kept confidential, secure and protected.    
  1. Fees & Payment
    1. The successful CONSULTANT would be paid the fee, as per the Schedule of Payments given in the Contract. The payment shall be made fortnightly on the basis of services delivered. In this regard, a duly verified certificate in respect of services delivered will be provided by the Training Wing of the Institute.
    2. All the payments shall be made through crossed cheque in Pak Rupees.
  • Taxes will be deducted as per government rules at the time of payment.
  1. No escalation shall be paid to the successful bidder/consultant and rates offered / accepted at the time of evaluation/award of contract shall be deemed final.
  2. No other payment shall be made for any charge or expenditure.
  3. The client reserves the right to modify terms and conditions of the contract which shall be granted to the successful CONSULTANT after the bidding process, if in its opinion, it is necessary or expedient to do so in public interest.
  1. NATCO reserves the right to suspend the bidding process for the award of consultancy services for Training on Legislative Services and cancel the contract with the selected CONSULTANT in part or in whole at any time if in the opinion of the Institute it is necessary or expedient in the public In this regard the decision of the NATCO shall be final and binding. NATCO shall not be responsible for any damage or loss caused or arising out of aforesaid action.
  1. The successful CONSULTANT shall submit a Performance Bank Guarantee (PBG) for an amount equal to 10 % of the bid/contract price in Pak Rupees from the corresponding Pakistani bank & as prescribed in the contract before signing the contract for carrying out the assignment which shall remain valid for the entire duration of consultancy period till the submission of final report to the satisfaction of NATCO and approval of report by the NATCO Board of Director.
  2. The PBG may be encashed in case the CONSULTANT fails to meet its obligations as per this RFP / contract agreement. On satisfactory completion of the project / consultancy services, this PBG shall be released.
      (                                                 ) ________________________ ________________________                  DATA SHEET
1. The name of the Assignment is: Consultancy Services for Business process reengineering/restructuring. Consultants shall complete all the steps necessary in preparing SOPs, ERP, Training, Implementation and restructuring to provide maximum value.
2. The name of the Client is: Northern Areas Transport Corporation (NATCO)
3. The description and the objectives of the assignment are: Objectives of the assignment are to prepare SOPs, ERP Training, Implementation and allied work necessary for completion of assignment.
4. Pre-bid conference: Dated. ——————————– Day ————————— Time ——————
5. The consultants are requested to submit written queries on the content of these documents if they wish. A written addendum can be issued subsequently, to all invited participants, if required necessary.
6. The name(s) and address(es) of the Client’s is: Managing Director, NATCO Head Office, Jutial Gilgit Phone No. 05811 920820
7. The Client shall provide the following inputs: All Data, Record and Reports available with Client
8. Association with other Short Listed Consulting Firms: Not Allowed
9. Post-bid conference: Dated. ——————————– Day ————————— Time ——————
10. The number of copies of the Financial Proposal required are: Original Only
11. The address for writing on the proposal is: Managing Director, NATCO, Head Office, Jutial, Gilgit, Gilgit-Baltistan. Tel. 05811-920820 Fax. 05811-920792.
12. Date and time of proposal submission is 31-01-2017 after publication of advertisement.
13. Method of Evaluation: Proposals will be evaluated in accordance with Quality cum Cost Based Selection Method. Weightings given to Technical & Financial Proposal are as under:   Technical Proposal 70%                        Financial Proposal 30%
14. The evaluation of technical proposal shall be based on the following criteria:                        Description / Items                                                                   Points i)        Profile & Experience                                                                     10 ii)       No. of Assignments / Projects successfully completed                 30 iii)      Qualification and Competency of the Key Staff detailed              30 iv)      Financial Position of the Firm                                                        15 v)       Adequacy of the proposed Work Plan and Methodology in           responding to TORs                                                                       15                                                                                                                 .                                                          Total Point =============>  100 Minimum qualifying technical score is seventy five (75) points
15. Assignment Completion Period                                                      03 Months
                                                            Evaluation Criteria Total Marks:100 Qualification Marks: 75                                                                                                                                                         Participants will be evaluated as per criteria defined below:
  1. Profile & Experience (Marks Allocated 10)
Experience (Years) Marks
15 10
10 05
05 03
  *Experience of the only registered consultants will be accepted from the date of registration. *In case of firm, experience certificate should be signed by CEO / Senior Executive with supporting documents.  
  1. of Assignments / Projects successfully completed        (Marks allocated 30)
Client Details Marks
Over 10, well recognized Assignments undertaken in last 10 years, worth more than or equal to 10 million preferably of same nature. 30
Between 6 to 9 , well recognized Assignments undertaken in last 10 years, worth more than or equal to 10 million preferably of same nature. 20  
05, well recognized Assignments undertaken in last 10 years, worth more than or equal to 05 million preferably of same nature. 10
  *Participant will provide the list of clients along with completion certificates.                       
  1. Qualification and Competence of the Key Staff detailed
(Marks allocated 30) A dedicated team of full time personnel who have adequate exposure to undertake the project. Personnel constituting the team would comprise of Senior Professionals & Lead Consultant.
Personnel Qualification No. Of Personnel Marks
Project Manager / Team Leader ACA or ACMA heaving 06 years experience, minimum 02 years service with existing firm. 01 10
Assistant Manager/ Supervisor Partly qualified CA or CMA having minimum 05 years experience, minimum 01 years service with existing firm. 01 05
IT Supervisor   Master in computer science having minimum 05 years experience, minimum 01 years service with existing firm. 01 05
Support Staff   Relevant Education and experience. 05 05
  1. Financial Position of the Firm
(Marks allocated 15)
Annual Turn Over Marks
Average Annual turnover of last three years > PKR 15 Millions 15
Average Annual Turnover of last three years > PKR 10 Millions 10
Average Annual Turnover of last three years > PKR 05 Millions 05
               * Financial statement duly audited by a firm of chartered accountant registered with institute of chartered of Pakistan (ICAP).  
  1. Adequacy of the proposed Work Plan and Methodology in responding to TORs
                                                                                                     (Marks allocated 15)  
Qualification Marks
Organizational Structure illustrating the composition and reporting relationship of the team 05
Methodology and approach for tasks indentified in TORs  05
Work plan giving comprehensive description of the work activities and time schedule etc. 05
        Annexure-A Technical Proposal Forms                                               Form 1  TECHNICAL PROPOSAL SUBMISSION   LETTER To:  (insert name and address of client)  Sub:                                                                                                                             __ Dear Sir, We, the undersigned, offer to provide the consultancy services for (insert name of project) in accordance with your request for proposal vide Advertisement dated ____________. We are hereby submitting our Proposal which includes this Technical Proposal (insert number of copies) and Financial Proposal sealed under a separate envelope.  We are submitting our Proposal as _____________________ (insert JV or single entity). We hereby declare that all the information and statement made in this proposal are true and accept that any misinterpretation contained in it may lead to our disqualification.  If discussions are held during the period of validity of the Proposal i.e. indicated in the Data Sheet, we undertake to discuss on the basis of the proposed Personnel. Our proposal is binding upon us and subject to the modifications resulting from Contract.  We understand that you are not bound to accept any Proposal you receive.  We remain,  Yours sincerely,  For _______________________  Signature _______________________ Designation Official Stamp                       Form – 2   Registration with ICAP / ICMAP   Provide copies of registration with ICAP or ICMAP.                                                  Form – 3 A Provide brief description of the firm (not more than 02 A4 size pages)     Form – 3B FIRM REFERENCE  RELEVANT SERVICES CARRIED OUT THAT BEST ILLUSTRATE QUALIFICATION  
                                  Form – 4  Comments or Suggestions on TOR It is suggested that any Comments / Observations on Terms of Reference may be presented in this form.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Form – 5   Approach Paper on Methodology Proposed for Performing the Assignment Technical approach, methodology and work plan are key components of the Technical Proposal. You are suggested to present the Technical Proposal, divided into following sections. 
  • Understanding of Project  Objectives  and Scope of Work
  • Technical Approach and Methodology
  • Work Plan
  • Organization and Staffing                                     
                                          Form – 6  FORMAT FOR CURRICULUM VITAE (CV) FOR PROPOSED STAFF
  1. Proposed Position                                   : 
  2. Name of Firm  : 
  3. Name of Staff : 
  4. Date of Birth : 
  5. Years with Firm                          : 
  6. Nationality : 
  7. Membership in Professional Societies :
  8. Tasks Assigned on the Project : 
  9. Education : 
  10. Employment Record:
[Starting with present Position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organization, title of position held and location of assignment. Also give types of activities performed / responsibilities held ].    
  1. Languages:
  2. Certification:
I, the undersigned certify that to the best of my knowledge and belief, these bio-data correctly describe myself, my qualifications and my experience.       Or: _______________________                                ________________________________ Signature of Staff Member                                      Authorized   Representative   of the Firm Date:  Day / Month / Year                 Form – 07 ADDITIONAL INFORMATION It is suggested that any additional information, for which the firm believes that the same may enhance its standing, may be provided under this section.                                                                             Annexure – B Financial Proposal Forms                                                 FORM-1 FINANCIAL PROPOSAL SUBMISSION LETTER To:   Sub:______________________________________________________________________     Dear Sir,    We, the undersigned, offer to provide the Consultancy Services for (insert name of the project) in accordance with your request for Proposal vide Advertisement dated______________ and our Technical Proposal. Our attached Financial Proposal is for the sum or Rs. _____________(in figure) [Pak Rupees __________________ _________________________________________________________­­­­­­­­­­­­ (in words)].  Our financial proposal shall be binding upon us and subject to the modifications resulting from Contract, up to expiration of the validity period of the Proposal i.e. indicated in the Data Sheet.  If discussions are held during the period of validity of the Proposal, we confirm availability of our team of proposed personnel. Our proposal is binding upon us and subject to the modification resulting from Contract.  We understand that you are not bound to accept any Proposal you receive.  We remain,   Yours sincerely,    For  ____________________________     Signature Designation _________________________ Official Stamp                           DRAFT AGREEMENT FOR BUSINESS PROCESS REENGINEERING/RESTRUCTURING SOP’s, ERP, IMPLEMENTATION, TRAINING AND AFTER SALE SERVICE.               —————————————– (Client)               ——————————-     ——————————- (Project Name)               ————– (Month)         (Year)             (Name and address of the Consultant)                 TABLE OF CONTENTS  
        Page No.
    3.1 Effective Date of Commencement 1
    3.2 Time Schedule of Services 1
    3.3 Extension of Time 2
    4.1 Obligations of Consultant 2
    4.2 Obligations of the Client 4
    7.1 End of Services 4
    7.2 Termination by the Client 4
    7.3 Termination by Consultant 5
    AGREEMENT FOR CONSULTANCY SERVICES    THIS AGREEMENT, together with APPENDICES A to D which constitute an integral part thereof (herein referred to as the Agreement), is entered into on this —– day of ——, 2017.  between  ————————————————————————————————————————————————————————————- (herein referred to as the Client) of the first part;  and    —————————————————————————————————– (herein referred to as Consultant), of the second part.   The Parties hereto agree as under:- 
The Project for which Services are required to be performed under this agreement is described in the attached Appendix A.
  2.1       The scope of consultancy and other professional services (herein referred to as “Services”) to be performed by the Consultant for the Project `under this Agreement are described in the attached Appendix A. 
  3.1       Effective Date of Commencement  Effective Date of Commencement of Services shall be as defined in the attached Appendix-B. 
  • Time Schedule of Services
                        The time schedule of Services is given in the attached Appendix B.
  • Extension of Time  
Extension of Time for completion of Services and the terms and conditions thereof shall be mutually agreed between the Client and the Consultant as and when required.           
  • Obligations of CONSULTANT
–     The Consultant shall perform Services as an independent consultant in accordance with recognized international standards, applicable laws and regulations. –     The Consultant shall appoint a Project Manager (professional) named in Appendix D who shall represent the Consultant for purposes of this Agreement and shall be responsible for the administration of the Agreement including performance of Services hereunder. He shall remain in contact with the representative of the Client to keep him fully informed on all matters relating to the provision of Services by the Consultant. –     The Consultant shall carry out the Services with due diligence and efficiency and in conformity with sound professional’s practices. –     The Consultant shall act at all times so as to protect the interests of the Client and shall take all reasonable steps to keep all expenses to a minimum consistent with sound economic and engineering practices. –     The Consultant shall furnish the Client such information relating to the Services as the Client may from time to time reasonably request. –     Except with the prior written approval of the Client, the Consultant shall not assign or transfer the Agreement for Services or any part thereof nor engage any other independent consultant or sub-contractor to perform any part of the Services.
  • The Consultant agrees that no proprietary and confidential information received by the Consultant from the Client shall be disclosed to a third party unless the Consultant receives a written permission from the Client to do so.
    Fraud and Corruption  It is the policy of the NATCO to require its staff and its Vendor/ consultants to observe the highest standard of ethics during the selection and execution of such contracts. In pursuance of this policy NATCO:       (a) Defines, for the purposes of this provision, the terms set forth below:  
  • “Corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, of any thing of value to influence the action of a public official in the selection process or in contract execution; and
  • “Fraudulent practice” means a misrepresentation or omission of facts in order to influence a selection process or the execution of a contract;
  • “Collusive practices” means a scheme or arrangement between two or more consultants with or without the knowledge of NATCO , designed to establish prices at artificial, noncompetitive levels and to deprive  NATCO  of the benefits of free and open competition;
  • “Coercive practices” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract.
  (b) will reject a proposal for award if it determines that the consultant recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for the contract in question;   (c) will sanction a consultant, including declaring the consultant ineligible, either indefinitely or for a stated period of time, to be awarded a NATCO  contract if it at any time determines that the consultant has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices.     Integrity Pact  The Consultants  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 and sign the Integrity Pact.  4.2       Obligations of the Client  The Client shall provide to the Consultant:  –            All necessary data/documents/reports that may be required by the Consultant for performing the Services within the Time Schedule given in Appendix B.   –            The Client shall designate a person named in Appendix D to act as its representative on all matters pertaining to this Agreement and to fully cooperate with the Project Manager of the Consultant.     –            The Client shall take all necessary measures to make timely payments to the Consultant as stipulated in Article 5, hereof.  
  OF PAYMENT   The remuneration for Services rendered by the Consultant and the mode of payment shall be as described in the attached Appendix-C. 
  The Client may ask the Consultant to perform Additional Services during the currency of this Agreement. Such Additional Services shall be performed with the prior concurrence of both the Parties. The Consultant shall submit an estimate of the additional time (if any) and the additional remunerations for such Additional Services which shall be approved in writing by the Client before the commencement of the Additional Services. 
  • End of Services
The Agreement shall terminate when, pursuant to the provisions hereof, the services have been completed and the payment of remunerations have been made.
  • Termination by the Client
The Client may, by a written notice of thirty (30) days to the Consultant, terminate this Agreement. All accounts between the Client and the Consultant shall be settled not later than sixty (60) days of the date of such termination.      7.3  Termination by the Consultant   The Consultant may suspend the Agreement by a written notice of thirty (30) days only if the Consultant does not receive payments due under this Agreement within thirty (30) days of submission of its invoice. If the payment is still not made to the Consultant after thirty (30) days of notice of suspension, the Consultant may terminate this Agreement in whole or in part by giving fifteen (15) days advance notice of intent to terminate. If the Agreement is terminated by the Consultant under such circumstances, the Client shall pay, within a period of thirty (30) days of the date of such notice of intent to terminate referred above, all payments due to the Consultant. 
The term “Force Majeure” as employed herein shall mean acts of God, strikes, lock-out or other industrial disturbances, acts of public enemy, wars, blockades, insurrection, riots, epidemics, landslides, earthquakes, storms, lightning, floods, washouts, civil disturbances, explosions and any other similar events, not within the control of either Party and which by the exercise of due diligence neither Party is able to overcome.   If either Party is temporarily unable by reason of Force Majeure or the laws or regulations of Pakistan to meet any of its obligations under the Agreement, and if such Party gives to the other Party written notice, of the event within fifteen (15) days after its occurrence, such obligations of the Party, as it is unable to perform by reason of the event, shall be suspended for as long as the inability continues. Neither Party shall be liable to the other Party for loss or damage sustained by such other Party arising from any event referred to as Force Majeure or delays arising from such event. Force Majeure shall not include insufficiency of funds or failure to make any payment required under the Agreement. 
 Any dispute or difference arising out of the Agreement which cannot be amicably settled between the Parties, shall be finally settled by Chief Secretary Gilgit-Baltistan. 
This Agreement shall, in all respects, be read and construed and shall operate in conformity with the laws of Pakistan and the courts at the location indicated in Appendix D, Special Conditions shall have exclusive jurisdiction for adjudicating and interpreting the Agreement.  
 No variation in or modifications to the terms of the Agreement shall be made, except by a written amendment signed by the Parties hereto.                           
  1. 12. ARTICLE 12: NOTICES
Any notice given by any of the Parties hereto shall be sufficient only if in writing and delivered in person or through registered mail as follows: 
To: The Client ———————————————————-
To: The Consultant Project Manager, ———————————–
  or to such other address as either of these Parties shall designate by notice given as required herein. Notices shall be effective when delivered.    IN WITNESS WHEREOF, the Parties have executed this Agreement, in two (2) identical counterparts, each of which shall be deemed as original, as of the day and year first above written.   FOR AND ON BEHALF OF                              FOR AND ON BEHALF OF   (The Consultant)                                                               (The Client)     Signed by: —————–                                      Signed by: —————     Designation: —————-                                   Designation: ————–     Seal:                                                                      Seal:     Witness:                                                                Witness:     Signed by: —————-                                                     Signed by: —————-                     APPENDIX A   THE PROJECT & SCOPE OF SERVICES       A-1      THE PROJECT  (Refer Article 1 hereof)             A-2      SCOPE OF SERVICES  Scope of consultancy and other professional services to be performed by the Consultant under this Agreement include the following deliverables for NATCO and its Fuel Stations, Departmental Stores, Courier Service and NATCO Security Guard Service: A-2-1     SOP
  • Service Rule/Structure
  1. Hiring Policy
  2. Promotion & Increment Policy
  • Packages
  1. Medical Policy
  2. Leaves
  3. Insurance Policy
  • Pension Policy
  • Job Specification
  1. Job Description
  2. Code of ethics
  3. Dress Code
  • Powers, Authorities, Responsibilities and Accountability.
  • Article and Memorandum of Association
  • Cash Management at Booking Counters
  • Imprest Management
  • Booking Mechanism
  • Emergencies i.e accidents, vehicle breakdown, law and order etc.
  • Refund and claims
  • Insurance ie vehicles, building and customers
  • Capacity building
  • Theft, Robbery, Embezzlement and disaster policy
  • Record Custodian and access
  • Repair and maintenance policy and procedures
  • Procurement, Auction and Tender Policy
  • Performance evaluation parameters.
  • Internal Audit and performance appraisal Manual
  • IT Manual
  A-2-2     ERP
  • Customized Software
  1. Financial Module
  2. Salary & HR Module
  • Inventory Module
  1. Fixed Assets Module
  2. Budgeting Tools
  3. Vehicle Management
  • Fleet Management
  • Online Booking
  1. Repair and Maintenance Management
  • ERP Manual Book
  • Implementation and Book Keeping
  • Staff Trainings
  • Evaluation
  • After Sale Service for a period of 2 years.
  A-2-3     Service Structure.                                 APPENDIX B TIME SCHEDULE       B-1 Effective Date of Commencement of Services.   (The date on which this Agreement shall come into effect is the date when the Agreement is signed by both the parties and the amount of advance payment due upon signing of the Agreement is received by the Consultant.)                  B-2 Time Schedule of Services    (With reference to Article 3.2 give time schedule of service taking into account data/documents required from the Client and the time of approval(s) by the Client.)                                   APPENDIX C     REMUNERATION FOR SERVICES   &   SCHEDULE OF PAYMENT   (With reference to Article 5)               C-1          Total Remuneration   (lump sum/Cost plus fee)           C-2          Advance Payment   (Generally 10% of the total remuneration)           C-3          Schedule of Payments   (Either in terms of time with respect to Date of Commencement or on submission of deliverables).     APPENDIX D     SPECIAL CONDITIONS                             D-1          PROJECT MANAGER                                    (refer Article 4.1)                       D-2          REPRESENTATIVE OF THE CLIENT         (refer Article 4.2)                       D-3          VENUE OF ARBITRATION                            (refer Article 9)                      
D-4 LOCATION OF THE COURTS (refer Article 10)
                            ANNEXURE   Integrity Pact   DECLARATION OF FEES, COMMISSIONS AND BROKERAGE ETC. PAYABLE BY THE SUPPLIERS/CONTRACTORS OF GOODS, SERVICES & WORKS   ___________________________ [the Seller/Supplier/Contractor] 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, [the Seller/Supplier/Contractor] 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.  [The Seller/Supplier/Contractor] 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.  [The Seller/Supplier/Contractor] 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, [the Seller/Supplier/Contractor] 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 [the Seller/Supplier/Contractor] 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.