REQUEST FOR PROPOSAL - Ignite · 2018-12-17 · REQUEST FOR PROPOSAL ICT FOR WOMEN ENTREPRENEURSHIP DEVELOPMENT PROGRAM ... 2.4 The firms are invited to submit a Technical Proposal

“ICT FOR WOMEN ENTREPRENEURSHIP DEVELOPMENT PROGRAM” Page 1 of 60

REQUEST FOR PROPOSAL

ICT FOR WOMEN ENTREPRENEURSHIP DEVELOPMENT PROGRAM

ICT R&DF/WEDP/2017/0004/Proc.


CONTENTS SECTION 1. INFORMATION TO BIDDERS SECTION 2. TECHINCAL PROPOSAL – STANDARD FORMS SECTION 3. FINANCIAL PROPOSALS – STANDARD FORMS

Note: 1 – Scope of Work is the basic document, which the bidder is required to comply with as spelled out in the RFP and the contract along with deliverables where specified. 2-Additional information in RFP is provided for submission of the complete bid documents in respect of the technical bid. 3- In case of any contradiction between Scope of Work /deliverables and RFP, conditions mentioned in Scope of Work and deliverable will have priority. 4- Issues, if any, may be raised with in specified time for verification and clarification.


REQUEST FOR PROPOSALS ICT FOR Women Entrepreneurship Development Program Section 1. Company Background 1.1 Pakistan has witnessed a phenomenal growth in its telecom industry. The Government of Pakistan (GoP) has mandated that a certain percentage of gross revenue generated by all telecom service providers be allocated to development and research of information and communication technologies with the vision to transform Pakistan’s economy into a knowledge based economy by promoting efficient, sustainable and effective ICT initiatives through synergic development of industrial and academic resources. To achieve this vision National ICT R&D Fund, hereafter referred as the Company, has been created. This vision will be realized by pursuing the following goals:

Cultivate industry-academia partnership by funding concrete development and research initiatives.

Enhance the national ICT related human resource development capacity manifolds by facilitating industrial demand focused human resource capacity building and R&D capabilities in the country and promoting ICT related educational programs and activities.

Make Pakistan an attractive destination for service oriented and research and development related outsourced jobs.

Use ICT as a tool for wealth creation and upward mobility for economically challenged groups of citizens.

Spread the ICT activities on a true national level.

2. Assignment Background and Needs: 2.1 Entrepreneurship in Pakistan is still an emerging area and women entrepreneurship is in its native stages. It is noteworthy to consider that out of approximately 400 million entrepreneurs in the world; more than half are women, however, where women across the globe are utilizing the potential of entrepreneurial world, only 1% of women population in Pakistan is engaged in entrepreneurship as compared to 23% globally. Pakistan ranks last on the Female Entrepreneurship Index (FEI) developed by the Global Entrepreneurship and Development Institute (GDI). There are many types of barriers that affect women entrepreneurs in Pakistan, however, a concrete and focused analysis of such barriers is still a missing link in the country. A careful analysis about women across the world having various success stories reveals that utilizing the potential of Information and Communication Technologies (ICTs) at all stages of entrepreneurship is a key contemporary reason behind overcoming these barriers and achieving successful entrepreneurial activity. National ICT R&D Fund in this regard has planned to initiate a program with aim to leverage utilization of ICTs for women entrepreneurship.


2.2 In context of Pakistan, due to various cultural and socio-economic variables women generally are not encouraged to explore the path to become entrepreneurs. 2.3 The desired outcomes of the program are as follows:

Empowering women to become entrepreneurs and start their own business and enabling them to overcome traditional barriers by leveraging ICT.

Awareness of ICT for Women Entrepreneurship in major cities of Pakistan.

Awareness of tools and agencies available for ICT & Entrepreneurship endeavors.

Use of ICT for business ventures in complete value chain starting from analysis of

demand side, identification of opportunity and its effective utilization through

development of product/service to fill the gap of supply side.

Informing women about new forms of running businesses due to availability of

ICT and increasing their capacity to generate more income, develop a more

competitive business and become more profitable.

Information about free lancing opportunities for women in Pakistan.

Information about legal aspects of setting up a business venture.

Introduction about development of business plans and turning idea in to

business and viable products.

Introduction about marketing and product development.

Information about marketing channels to acquire users and drive sales.

2.4 The firms are invited to submit a Technical Proposal with project design proposal (SECTION 2E) along with a Financial Proposal as per the Scope of Work given in this RFP. The proposal will be the basis for contract finalization with the selected firm (the executing agency). 2.5 The intended firms must demonstrate that it has experience for ‘focused ICT for Women Entrepreneurship’ capacity building initiatives and take it into account while preparing their proposals. 2.6 Please note that (i) the costs of preparing the proposal and of finalizing the contract, including visits for discussion with R&D Fund are not reimbursable and (ii) the company reserves the rights to accept or reject any or all of the proposals submitted, without assigning any reason thereof. 2.7 The Company requires that the hired firm provides professional, objective, impartial advice and services and at all times hold the Company’s interests paramount, without any consideration for future work, and strictly avoid conflicts with other assignments or their own corporate interests. The Firm shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of not being able to carry out the assignment in the best interest of the Company.


3. Scope of Work:

The selected executing agency shall be responsible for the following activities:

i. To develop and submit the project proposal on “ICT for Women

Entrepreneurship Development Program”.

ii. To develop and conduct a comprehensive ICT for Women Entrepreneurship

Development Training Program in Federal and Provincial Capitals of Pakistan.

The executing agency is encouraged to identify and propose activities to be

included in the Program.

iii. The program should focus on addressing specific issues that become major

impediments for entrepreneurship developments for women including lack of

access to finances, time constraints or time poverty for women, constraints for

women access to education and skills, and constraints on women mobility etc.

iv. As a mandatory requirement of the program, firms need to develop two

separate focused and customized training programs of minimum two weeks

duration (10 working days, 9:00 am to 5:00 pm with 1hr 30 minutes of break per

day) on potential of ICTs tools in the entire supply chain of women

entrepreneurship including idea generation, accessing suppliers, accessing all

types relevant information, developing and marketing products, accessing

market, building capacity in ICTs etc. The proposed methodology should have

demonstrable potential for scalability and sustainability.

v. To develop a complete curriculum for the program before initiation of the

trainings and the firm is expected to submit a sample of curriculum along with

the proposal.

vi. To develop two mandatory comprehensive training manuals based on

international best practices/models and success stories of ICT for Women

Entrepreneurs on:

a) Role of ICTs for existing women entrepreneurs in Pakistan.

b) Power of ICTs to enable women to become potential entrepreneurs in

Pakistan.

vii. The curriculum to be developed must also focus on improving following skills and

knowledge area of participants:

a. Inculcating better understanding of business operations in both a

national and international context.


b. How to use ICTs to explore existing & potential opportunities and develop

new markets.

c. Enhance the digital communication skills, social networking, online

presentation, information protocol and digital documentation.

d. Use of Internet for the tools and services that can be used to further the

development of local businesses. Overview of the Internet players, trends

analysis and relevant information resources.

e. Imparting knowledge about complete Tool box including the use of new,

easily available and widely used relevant digital tools including

community radio, cable TV networks etc. Maximize the use of the mobile

and internet to establish an efficient receipts and payment system

(internet, mobile and branchless banking etc.) such as make phone calls

by Voice over IP (VoIP) channel and send/receive fax by Fax over IP

channel (FoIP)

f. Inculcate the ability to explore programs and services that improve

business operations, enable efficient logistics, distribution and delivery

systems.

g. Overview and training of the digital tools that further enable the

administration and record keeping process.

viii. To implement the specialized ICT for Women Entrepreneurship Development in

all four provincial capitals and federal capital. In total, 500 women are expected

to benefit from the program with at least 70 in each province/area. Similarly,

preferably 50% of the beneficiaries of the program would be existing

entrepreneurs and remaining would be potential entrepreneurs in each

province/region.

ix. To ensure that the designated/proposed personnel/consultants are specialized

subject matter experts in ICT for Women Entrepreneurship and have

international and national experience of ICT for Women Entrepreneurship

projects and training experience.

x. To manage all logistics of capacity building program including inviting and

selecting women entrepreneurs (preferably from existing women entrepreneurs

networks), selection of training venue; providing meals and refreshments,

printing and distribution of training modules, training kits and relevant material

including training certificates; facilitating training sessions with the help of

relevant subject matter experts/consultants; building capacity of participants by


developing practical action plans for utilizing ICTs in all relevant areas of their

entrepreneurial activity etc.

xi. To develop complete evaluation criteria and process for selection of participants

of the programme so that in addition to attainment of quantitative targets as

outlined in RFP, the quality of the program is also maintained.

xii. To arrange the training venues preferably at Public Sector Women Universities

and or educational institutions.

xiii. To arrange the training venues preferably having following facilities:

a. Proper class room style seating arrangement. b. One power strip per table. c. High speed Wifi connectivity. d. High Quality sound system. e. Accessible entrance and wheel chair friendly seating space. f. Hygienic, clean and accessible washrooms.

xiv. To prepare following documents for smooth execution of the program but not

limited to:

a. Training Manuals

b. Detailed Curriculum

c. Trainee Feedback form

d. Trainee Evaluations Forms

e. Attendance sheets

f. Daily execution plan

g. Training Schedule

h. Project Timeline

xv. To develop and manage program’s promotion and marketing strategy in an

effective and efficient manner in order to ensure that benefits and outcome of

the program is disseminated to all relevant stakeholders. In all relevant

promotional materials the logo and brand of National ICT R&D Fund is to be

included.

xvi. To devise the strategy for maximum participation and to plan and manage

enrollment drive for the targeted audience of the program.

xvii. Proper record keeping and maintenance of all official and project record for at

least two years after completion of the project and provision of record to Fund

as and when requested. All the official record, data and correspondence will be

exchanged in a proper recorded manner.

xviii. To facilitate the Fund’s project team as and when required and to provide them

access to the record and data for project management purpose. The project


team will have right to evaluate the ongoing activities and profile of relevant

experts for improvement and quality checks.

xix. To ensure that executing agency will provide periodic progress and relevant

customized reports as determined by National ICT R&D Fund. Similarly, a post

evaluation report after six months of completion of the program also needs to

be submitted.

xx. The whole ICT for Women Entrepreneurship Development Program shall

preferably be completed within six months from the date of award of contract.

3.1 General Instructions

i. The target audience i.e.:

a. “Existing Women Entrepreneurs” for this program is defined as: “women

who have initiated an entrepreneurial venture or a new business in the

form of a company, a partnership or temporary organization formed to

search for a scalable and repeatable business model”.

b. “Potential Women Entrepreneurs’’ for this program is defined as: “women

who have the potential/intend to startup a business and are ICT savvy.

Young graduates having basic knowledge of ICT having potential including

a business idea for a startup would be preferred”

ii. The bidder should ensure that participants for both the segments are ICT savvy and

have basic education/understanding of ICT.

iii. It is envisaged that at maximum 500 women are to be trained in total with at least

70 in each center.

iv. In each center preferably 50% of women should be existing women entrepreneurs

and remaining should be potential women entrepreneurs.

v. A minimum of 80% of attendance will be the mandatory requirement for awarding

the certificate to a participant of training.

vi. The successful bidder should ensure that at least 80% of the enrolled participants in

a venue complete the training program.

vii. National ICT R&D Fund estimates the maximum cost of Rs. 30,000 per participant (inclusive

of all cost elements and all applicable taxes) for a maximum of 500 participants. It also

includes allowance of Rs.300/- per day per participant for a maximum of 500 participants.

This may be included in the budget by the firm.

viii. The whole training program is expected to be completed within six months from

date of award of contract.

ix. Successful bidder must ensure that a conducive training environment is provided to

maximize the value of this training;

https://en.wikipedia.org/wiki/Entrepreneurship

https://en.wikipedia.org/wiki/Business

https://en.wikipedia.org/wiki/Company

https://en.wikipedia.org/wiki/Partnership


x. The successful bidder shall provide reasonable quality meals (tea & refreshments,

working lunch) to the trainees during currency of the training. Make appropriate yet

cost effective arrangements for the refreshment and meals. Final menu shall be

decided in consultation with National ICT R&D Fund;

xi. The successful bidder is not responsible to make any arrangement for boarding &

lodging of trainees;

xii. The bidder must fulfill the following conditions:

a) Must agree to open a separate bank account for funds provided by National ICT

R&D Fund.

b) Must agree to allow National ICT R&D Fund assigned auditors to check the

accounts opened for National ICT R&D Fund funding, as and when required.

c) Must not be blacklisted by any organization or faced contract cancellation for

contractual violations by NATIONAL ICT R&D FUND in any previous program.

3.2 Mandatory requirements Proposal must include:

1 Proof of Certificate of Incorporation or Registration or equivalent

2 Proof of NTN/FTN Certificate and GST Registration Certificate (if applicable), and Proof of inclusion in Active Taxpayers List (ATL)

3 Affidavit on Rs. 100 stamp paper that the Bidder is not insolvent and bankrupt and that the Bidder has not been blacklisted or debarred by Public Procurement, Government, Semi-Government, Private, Autonomous body or any other international organization.

4 Call Deposit (in the form bank draft) @ 2% of the Bid Value

4. Clarification and Amendment of RFP Documents 4.1 Firms may request in writing for clarification of any of the provisions of the RFP documents no later than 10 (ten) days before the proposal submission date. Any subsequent queries will neither be entertained nor responded. Any request for clarification must be sent in writing by mail, facsimile, or electronic mail to the Company’s address indicated below. The Company will respond by facsimile or electronic mail to such requests and may choose to place written copies of the response (including an explanation of the query but without identifying the source of inquiry) at the website. The address for requesting clarifications is:


Manager Procurement National ICT R&D Fund 6th Floor, HBL Tower, Jinnah Avenue, Blue Area Islamabad, Pakistan Tel: (92-51) 9215360-65, Fax: (92-51) 9215366 Cell: +92-306-199-1234 Email: [email protected] 4.2 At any time before the submission of proposals, the Company may, for any reason, whether at its own initiative or in response to a clarification requested by an intended firm, amend the RFP and notify the parties. Any amendment shall be issued in writing through addenda and it shall be sent by mail, facsimile, or electronic mail to all interested firms and will be binding on them. The Company may at its sole discretion extend the deadline for the submission of proposals. 5. Preparation of Proposal 5.1 Firms are requested to submit their proposals before but not later than 3.00 pm, March 06, 2017. Proposals must be in English language and the financial proposal must be in Pak Rupees irrespective of origin of the intended firms. Technical Proposal 5.2 In preparing the Technical Proposal, intended firms are expected to examine the scope of work and all related documents constituting this RFP in detail. Material deficiencies in providing the information requested may result in rejection of the proposal. Core Team Members: 5.3 The firm will ensure availability of a dedicated professional team with relevant specialized qualifications. The resumes/CVs of the professional team and members of the program should also be provided along with the proposals. Team Leader: 5.4 The firm will nominate team lead/focal person responsible for overall management and completion of the program, he can be a member of the dedicated professional team referred above. The team lead/focal person will have good experience in lead position and considerable experience in carrying out tasks of similar nature and of similar or bigger scope.

mailto:[email protected]


5.5 Other requirements for the staff are enumerated as follows:

i. It is the company’s preference that majority of the key professional staff proposed be permanent employees of the firm or have an extended and stable working relationship with the firm.

ii. It is mandatory for this Program that involved experts/consultants should have prior ICT for Women Entrepreneurship experience with international/National project and training experience in ICT for Women Entrepreneurship.

iii. Professional staff must have the experience indicated in the RFP preferably working under conditions similar to the assignment at hand.

iv. It is desirable that, if not all, some of the firm’s personnel possess working knowledge of the Company working.

5.6 Technical Proposal shall provide following information as per Standard Forms (Section 2). Filling up of these forms is mandatory:

i. Background information of the Consultancy firm including Registration Certificate, location and branches along with number of employees and financial position of the Company/firm (Section 2B).

ii. Brief description of the organization for this assignment, outline of general experience on assignments (Section 2D) and specific/similar experience of the firm relating to this assignment should be provided. (Section 2C)

iii. A project design and methodology of the proposed assignment should be provided (Section 2E).

iv. Details of the proposed core team members to each task that would be assigned and their timing (Section 2F).

v. One pager CVs of proposed professional staff and the authorized representative submitting the proposal should be attached. Key information should be entered into the table in (Section 2F) which will include total number of years work experience and qualification. vi. A summary of all the proposed team members including Consultants/Trainers information (Section 2G)


vii. Information regarding Presence of the Firm in major cities of Pakistan may also be provided. The details of Firms own offices or offices of their partners may kindly be mentioned. It is necessary that detailed address alongwith contact details of Focal Person may be provided for verification, if necessary (Section 2H). viii. Information to demonstrate existing collaboration of the firm with various entrepreneurship network (Section 2I).

5.7 The Technical Proposal shall not include any information related to the Financial Proposal Separate Financial Proposal 5.8 In preparing a separate Financial Proposal, firms are expected to take into account the requirements and conditions outlined in the RFP documents. The Financial Proposal should follow Standard Forms (Section 3) and include all costs associated with the assignment supported with breakup like: (a) remuneration for staff (b) expenses on services with allied costs. If appropriate, these costs should be broken down by activity. 5.9 The proposal should clearly state that the fee and price quoted is inclusive of all local taxes, duties, fees, levies, and other charges under the Pakistani law, on the firms, the sub-firms, and their personnel, as applicable during the currency of proposal submission. The firm should further state that deposit of all such taxes, duties, fees, levies and other charges shall be the sole responsibility of the firm and company will not be held responsible for any short/excess payment of any of the aforementioned charges. 5.10 The proposal must remain valid for a period of 90 days after the submission date. The firm is expected to keep available the professional staff proposed for the assignment during this period. If the company wishes to extend the validity period of the proposals, the firms who do not agree have the right not to extend the validity. 5.11 Call deposit, in the form of a separate demand draft valuing 2% of the bid amount as earnest money in favor of National ICT R&D Fund must be attached with the proposal. The call deposit must be in a separate sealed envelope clearly marked as “Earnest Money” and not inside technical or financial proposal envelopes. Failure to enclose earnest money will result in automatic disqualification. 6. Submission, Receipt, and Opening of Proposals 6.1 Original proposals (Technical and Financial) be prepared without any interlineations or overwriting.


6.2 An authorized representative of the intended firm will initial all pages of the proposal with official stamp affixed on the same. The representative’s authorization should be confirmed by a written power of attorney accompanying the proposal. 6.3 For both Technical and Financial proposals, the firms shall prepare three copies including any computer models used in developing the proposals. Each Technical and Financial Proposal shall be marked “ORIGINAL” or “COPY” as appropriate. If there are any discrepancies between the original and the copies the proposal marked original governs. 6.4 Original and two copies of the Technical Proposal shall be placed in a sealed envelope clearly marked as “Technical Proposal,” and the original and all copies of the Financial Proposal shall be placed in a sealed envelope clearly marked as “FINANCIAL PROPOSAL” Financial proposal envelope should bear warning: “DO NOT OPEN WITH THE TECHNICAL PROPOSAL.” Both envelopes, along with a sealed earnest money envelope, shall be placed into an outer envelope and sealed. The proposal submission address is: Manager Procurement, National ICT R&D Fund Ministry of Information Technology 6th Floor, HBL Tower, Jinnah Avenue, Blue Area, Islamabad, Pakistan. Tel: (92-51) 9215360-65, Fax: (92-51) 9215366 Cell:+92-306-199-1234 Email: [email protected] The outer envelope should bear the following: ICT FOR WOMEN ENTREPRENEURSHIP DEVELOPMENT PROGRAM 6.5 Completed Technical and Financial Proposals must be delivered at the submission address on or before 3.00 pm, March 06, 2017. No proposal shall be accepted after mentioned closing time for submission. 6.6 Technical Proposal shall be opened at 3.30 pm, March 06, 2017. Financial Proposal shall remain sealed till finalization of technical evaluation. Financial proposals of technically disqualified firms will be returned unopened. 7. General Terms of Proposed Evaluation 7.1 From the time the bids are opened to the time the contract is awarded, if any firm wishes to contact the Company on any matter related to its proposal, it should do so in writing at the above mentioned address.

mailto:[email protected]


7.2 Any effort by the bidders to influence the Company, in the proposal evaluation, proposal comparison or contract award process shall result in automatic disqualification. 7.3 Evaluators of Technical Proposals shall have no access to the Financial Proposals until the technical evaluation is concluded. Evaluation of Technical Proposals 7.4 The evaluation committee, appointed by the company as a whole, and each of its members individually, evaluates the proposals on the basis of their responsiveness to the scope of work, applying the evaluation criteria, sub-criteria and point system as specified below. Each responsive proposal will be given a technical score A proposal shall be rejected at this stage if it does not respond to the important aspects of the RFP or if it fails to achieve the minimum technical score indicated below:

# Criteria Points Marks Obtained

Remarks

1 Completeness and quality of Project Design Document (SECTION 2E)

20

2 Relevant Experience of the Firm regarding conducting assignments of similar nature specially training experience with women entrepreneurs and demonstration of experience in managing nationwide training and capacity building program (SECTION 2C)

20

3. General Experience of the Firm (SECTION 2D)

5

4. Qualifications/competence and ready availability of relevant team members/experts/ consultants/trainers on ICT for Women Entrepreneurship with International and National Experience (SECTION 2F a,b 2 G)

10


5. Presence of the Firm in major cities of Pakistan. 2 marks for demonstrating presence in each area. (SECTION 2H)

10

6. Collaboration and working relationship with network of entrepreneurs. (SECTION 2I)

10

The minimum technical score required to qualify: 70% Public Opening and Evaluation of Financial Proposals: 7.5 After the technical evaluation is completed, the company shall notify those firms whose proposals did not attain the minimum technical score or were considered non-responsive to the RFP, indicating that their Financial Proposals will be returned unopened after completing the evaluation process. The company shall simultaneously notify the firms that have secured the minimum qualifying mark, indicating the date and time set for opening of the Financial Proposals. The notification may be sent by registered letter, facsimile, or electronic mail. 7.6 The Financial Proposals shall be opened publicly in the presence of the firms’ representatives who choose to attend. Name of the firm, technical scores, and the proposed prices shall be read aloud and recorded when the Financial Proposals are opened. The Company shall prepare minutes of the public opening. 7.7 Single stage – two envelope procedure as laid down in Public Procurement Rules 2004 and attached at Annex A would be followed for the evaluation and final selection of the firm for the award of this consultancy. The weights given to the Technical (T) and Financial (F) proposals are: T= 75 F= 25 7.8 The lowest priced Financial Proposal (Fm) will be given a financial score (Sf) of 100 points. The financial scores (Sf) of the other Financial Proposals will be computed as per the formula i.e. Sf = 100*Fm/F, in which Sf is the financial score, Fm is the lowest price and F the proposal under consideration. 7.9 The Proposals will be ranked according to their combined technical (St) and financial (Sf) scores using the weights (T & F) in the formula i.e. S=St*T%+Sf*F%. The firm achieving the highest combined technical and financial score i.e. Lowest Evaluated Bid, as per QCBS (Quality and Cost Based Selection).formula, will be awarded the contract.


7.10 Tentative Payment Terms:

No. Project Milestone Amount Payable

1 Mobilization Advance 15%

2. Upon Submission and approval of Training Curriculum, Training

Manual, Participants Selection Criteria and Methodology.

10%

3. Upon completion of Training at major city 1 and submission of

Post Training Report along with all associated deliverables and

its acceptance

10%

4. Upon completion of Training at major city 2 and submission of Post Training Report along with all associated deliverables and its acceptance

10%


10%


10%


10%

8. Submission of final comprehensive Post Training Report 20%

9. Submission of Post Impact Evaluation Report after six months

of completion of project and closure

5%

Note: Actual Payment Terms and Disbursement Schedule will be finalized at the time of contract 8. Award of Contract 8.1 The contract will be awarded upon completion of evaluation of Technical & Financial bids and the company will promptly notify unsuccessful firms and shall also return unopened Financial Proposals (Para. 6.4) along with their call deposit fee. 9. Confidentiality 9.1 Information relating to evaluation of proposals and recommendations concerning awards shall not be disclosed to the firms who submitted their proposals or to any person not officially concerned with the process, until the successful firm has been notified that it has been selected and awarded the contract.


Section 2. Technical Proposal - Standard Forms 2A. Technical Proposal submission form

2B. Company Profile

2C. Specific experience of the Firm/Agency

2D. General experience relating to assignment

2E. Project Design Document containing Description of the methodology and work plan for performing the assignment. 2F(a) & (b). Core Team and Consultants/Trainer Details

2G. Total Team and Consultants/Trainers Details

2H. Presence of Company/Firm in major cities of Pakistan 2I. Collaboration and working relationship with network of entrepreneurs


2A. TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date]

To:

Manager Procurement

National ICT R&D Fund

6th

Floor, HBL Tower, Jinnah Avenue, Blue Area

Islamabad, Pakistan

Tel: (92-51) 9215360-65

Fax: (92-51) 9215360

Email: [email protected]

Sir,

We, the undersigned, offer to provide the consulting services for ICT for Women

Entrepreneurship Development Program in accordance with your Request for

Proposal dated [Advertisement Date]. We are hereby submitting our Proposal, which

includes this Technical Proposal, and a Financial Proposal sealed under a separate

envelope.

We understand and agree that negotiations can be held during the period of validity of the

Proposal, i.e., before [Date]. Our Proposal is binding upon us and subject to the

modifications resulting from such negotiations.

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

We remain,

Yours sincerely,

Authorized Signature:

Name and Title of Signatory:

Name of Firm:

Address:


2B. COMPAMY/FIRMS PROFILE

S # Documents

1 Profile of the agency: i. Registered age of Company

ii. Names of Managers/ Owners/ CEO/ Directors/ Partners

2 i. Location of agency office/sub office

ii. Number of branches iii. Number of employees

3 Financial Position i. Name of Banks ii. Certificate of Financial position

from bank iii. Copy of Annual Accounts iv. Tax Registration (NTN/STN) v. Certificate of ATL


2 C. SPECIFIC/SIMILAR EXPERIENCES

Relevant Services carried out in the Last Five Years that best illustrate qualifications

Using the format below, provide information on each assignment for which your

firm/entity, either individually, as a corporate entity, or as one of the major companies

within a legally formed association, was legally contracted. A separate form shall be

filled for each assignment

Assignment Name:

Professional Staff provided by your

Firm/Entity (profiles):

Name of Client:

No. of Staff:

Address:

No. of Staff Months; Duration of

Assignment:

Start Date (Month/Year):

Completion Date (Month/Year):

Approx. value of Services (in PKR):

Contact person details of Client:

Name of Senior Staff (Project Director/Coordinator, Team Leader) involved and

functions performed:

Narrative Description of the Project:

Description of Actual Services Provided by Your Firm/Staff:


2D. – GENERAL EXPERIENCE RELATING TO ASSIGNMENT

(Up to a maximum of 10 assignments with most recent at the top)

SR. NO.

NAME OF CLIENT NAME OF ASSIGNMENT/ PROJECT PERIOD OF

ASSIGNMENT/ PROJECT

VALUE OF ASSIGNEMNT /

PROJECT

PRESENT STATUS OF THE ASSIGNMENT/

PROJECT


2E. – PROJECT DESIGN DOCUMENT CONTAINING DESCRIPTION OF THE

METHODOLOGY AND WORK PLAN FOR PERFORMING THE

ASSIGNMENT

1. Project title:

2. Project goals/objectives:

3. Expected impact of the project (300 words):

4. How to Reach Target group (detailed outreach methodology for maximum

participation of target participants of the program):

5. Detailed Methodology (description of the approach, tools and techniques for

implementing the assignment, including curriculum and comprehensive training

manuals, including proposed locations/venues of training across Pakistan, proposed

eligibility and selection criteria of trainees)

6. Key activities and description, including outputs/deliverables and indicators being

used:

7. Implementation plan and schedule (please attach training plan and training schedule):

7.1. Experience of Key Personnel/consultants’ similar work

7.2 Internal Monitoring & Evaluation mechanism and criteria

8. Project partners (other organizations that will be involved in the grant and their role):

9. Sustainability (attach your plans for sustainability of project outputs, clearly

indicating the mechanism for beneficiaries to sustain the benefits beyond project

timeline):


2F (a). – CORE TEAM (TEAM LEAD, MEMBERS)

Personnel Summary (Complete for Team Lead, and each Core Team Member and attach one pager CV’s)

Name of Employee:

Position:

General Information

Name: Date of Birth:

Telephone:

Fax:

Years with Present Employer:

Total years of experience:

Employment Record: Summarize professional experience in reverse chronological order. Indicate particular technical and managerial experience relevant to the project:

DD/MM/YY Company/Project Position Specific Tech experience

From To

Education:

Highest Level of Degree

Relevance of Degree to the Assignment

PhD

MPhil

Masters

Certification: I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and my experience. Date: [Signature of staff member and authorized representative of the firm] Day/Month/Year


Full name of staff member:______________________________________ Full name of authorized representative: ___________________________


2F (b). – LEAD TRAINER(S) PROFILE

Personnel Summary (Complete specifically for Lead Trainer(s) and attach CV’s)

Name of Lead Trainer(s):

Position:

Relationship with Bidding Organization: Employee of the Bidding Organization Consultant Employee of the Partner Organization Others (Please specify)

General Information

Name: Date of Birth:

Telephone:

Fax:

Years with Present Employer:

Total years of experience:

Employment & Training Record: Summarize professional experience of trainings imparted in reverse chronological order. Indicate particular technical and managerial experience relevant to the project:

DD/MM/YY Title of Training with

brief description of

training

Name of Organization for which Training was provided

Name, Designation & Contact Detail

of Focal Person from Organization

for which Training was

provided

Duration of Training (in hours)

No of Participants

From To

Education:

Highest Level of Degree

Relevance of Degree to the Assignment

PhD

MPhil

Masters


Relevant Training Certifications:

Title of Certification

Year of Certification Obtained Authorized Body

Certification: I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and my experience. Date: [Signature of staff member and authorized representative of the firm] Day/Month/Year Full name of staff member:______________________________________ Full name of authorized representative: ___________________________


2G. – CORE TEAM MEMBERS, CONSULTANTS/TRAINERS INFORMATION

Sr No.

Name Qualification Position/ Organization

No. of years of

Experience

Relevance to the

Assignment

Role in this

Project

1

2

3

4

5

6

7

8

9

10


2H: PRESENCE OF THE FIRM IN MAJOR CITIES OF PAKISTAN

S # Venue of Training Presence of the Firm If Yes Type of Presence

Office Address, Focal Person, Name, Designation and Contact Details

1. Islamabad Yes No

Main Office Sub Office Partners Office

2. Karachi Yes No


3. Peshawar Yes No


4. Lahore Yes No


5. Quetta Yes No



2I: COLLABORATION AND WORKING RELATIONSHIP WITH NETWORK

OF ENTREPENEURS (Maximum up to 10)

Sr No.

Name of Entrepreneur

Network

Address of Network

Focal Person of Network

No. of years of

Relationship

Details of Relationship

Role of the

Firm

1

2

3

4

5

6

7

8

9

10


Section 3. Financial Proposal - Standard Forms

3A. Financial Proposal submission form

3B. Summary of costs

3C. Breakup of price per activity

3D. Breakup of remuneration per activity


3A. – Financial Proposal Submission Form [Location, Date] To:

Manager Procurement

National ICT R&D Fund

6th

Floor, HBL Tower, Jinnah Avenue, Blue Area

Islamabad, Pakistan

Tel: (92-51) 9215360-65

Fax: (92-51) 9215360

Email: [email protected]

Sir, We, the undersigned, offer to provide the consulting services for ICT for Women Entrepreneurship Development Program in accordance with your Request for Proposal dated [Date of Advertisement] and our Proposal (Technical and Financial Proposals). Our attached Financial Proposal is for the sum of [Amount in words and figures]. This amount is inclusive of all the local taxes, duties, fees, levies and other charges applicable on our company, our sub-contractors and collaborations under the Pakistani law. Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the validity period of the Proposal, i.e., [Date]. Though included in the above mentioned fee, Commissions and gratuities, if any, paid or to be paid by us to agents relating to this Proposal and Contract execution, if we are awarded the Contract, are listed below:

Name and Address of Agents

Amount in Pak Rs. Purpose of Commission or Gratuity

___________________ _________________ __________________ ___________________ _________________ __________________ ___________________ _________________ __________________

We understand you are not bound to accept any Proposal you receive. We remain, Yours sincerely, Authorized Signature: Name and Title of Signatory: Name of Firm: Address:

“National ICT For Women Entrepreneurship Program” Page 32 of 60

3B. – Summary of Costs

Costs Pak Rupees

Subtotal Local Taxes Total Amount of Financial Proposal

“National ICT For Women Entrepreneurship Program” Page 33 of 60

3C. – Breakup of Price per Activity

Activity No.:____________________

Activity No.:____________________ & Description

Price Component Pak Rupees.

34

3D. – Breakup of Remuneration per Activity

Activity No.____________________________ Name:___________________________

Names

Position

Input1

Remuneration Currency(ies) Rate

Amount

Regular staff Local staff Consultants Grand Total

_________________

1 Staff months, days, or hours as appropriate.

35

Annex A

Single Stage Two envelope Procedure for Bidding

Public Procurement Rules 2004

Single stage - Two envelope procedure:

(i) The bid shall comprise a single package containing two separate envelopes. Each envelope shall contain separately the financial proposal and the technical proposal;

(ii) The envelopes shall be marked as “FINANCIAL PROPOSAL” and “TECHNICAL PROPOSAL” in bold and legible letters to avoid confusion;

(iii) Initially, only the envelope marked “TECHNICAL PROPOSAL” shall be opened;

(iv) The envelope marked as “FINANCIAL PROPOSAL” shall be retained in the custody of the procuring agency without being opened;

(v) The procuring agency shall evaluate the technical proposal in a manner prescribed in advance, without reference to the price and reject any proposal which do not conform to the specified requirements;

(vi) During the technical evaluation no amendments in the technical proposal shall be permitted;

(vii) The financial proposals of bids shall be opened publicly at a time, date and venue announced and communicated to the bidders in advance;

(viii) After the evaluation and approval of the technical proposal the procuring agency, shall at a time within the bid validity period, publicly open the financial proposals of the technically accepted bids only. The financial proposal of bids found technically non-responsive shall be returned un-opened to the respective bidders; and

(ix) The bid found to be the lowest evaluated bid shall be accepted.

36

Annex B Following deliverables, but not limited to, are required from selected executing agency:

1 Project Commencement Report

2 Project Periodic Progress Report

3 Training Curriculum

4 Training Manual For each of the Component

5 Attendance Sheet of Participants

6 Post Training Report after each training

7 Complete List and copies of Certificate distributed to the Participants

8 Post Training/Workshops Evaluation Forms

9 Project Completion Reports

10 Periodic Financial Reports

DRAFT

37

AGREEMENT

BETWEEN

THE NATIONAL ICT R&D FUND, ISLAMABAD

AND

[SUCCESSFUL BIDDER]

Dated ____________________

DRAFT


(Kindly remove all Square Brackets after insertion of relevant/required

information through typing; avoid hand writing if possible; please do not

over-write)

THIS AGREEMENT (this “Agreement”) is made at Islamabad on this day of ,

2016

BY AND BETWEEN

THE NATIONAL ICT R&D FUND, a company registered under Section 42 of the Companies

Ordinance, 1984, with its offices at 6th floor, HBL Tower, Blue Area, Islamabad, Pakistan

(hereinafter referred to as the “Company” which expression shall, where the context so

permits, mean and include its successors-in-interest, administrators and assigns), of the One

Part;

AND

[please insert name of entity], [a company incorporated under the laws of Pakistan, having

its registered office at [please insert address] with incorporation No: [please insert

incorporation number], (hereinafter referred to as the “Successful Bidder”), of the Other

Part.

(The Company and the [“Successful Bidder”] are hereinafter collectively referred to

as the “Parties” and individually as the “Party”, wherever the context so requires).

WHEREAS the Company wishes to promote efficient, sustainable and effective information

and communication technology initiatives through synergic development of industrial and

academic resources;

DRAFT


WHEREAS the Company had solicited proposals from potential bidders for the “ICT for

Women Entrepreneurship Program” (as hereinafter defined) vide Request for Proposal

dated ________________;

WHEREAS the [Successful Bidder] has submitted a proposal for the “ICT for Women

Entrepreneurship Program” which has been subsequently reviewed and approved by the

Company;

WHEREAS the Company has vide letter dated [____________] accepted the proposal dated

[Insert date] submitted by the [Successful Bidder] and has accordingly accepted to obtain

services of the [Successful Bidder] for implementing the “ICT for Women

Entrepreneurship Program”.

AND WHEREAS the Parties are now desirous of reducing into writing their agreement on their

respective rights and obligations in relation to the execution of the Project and matters related

thereto.

NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set

forth and for other good and valuable consideration the adequacy of which is hereby

acknowledged by the Parties and the mutual benefits to be derived therefrom, the

representations and warranties, covenants, conditions and promises contained herein below and

intending to be legally bound, the Parties agree as follows:

1. DEFINITIONS AND INTERPRETATION

1.1. Definitions: In this Agreement, the following terms shall have the meaning ascribed

thereto below:

a) "Agreement" means this signed agreement together with the Project Portfolio and

Appendices, which form an integral part of this Agreement;

b) “Appendix” means an Appendix attached to the Project Portfolio, which shall be

considered an integral part of the Project Portfolio, in the hierarchy as set forth in Section

1.2 (viii);

c) "Project Documents" means:

(i) this Agreement; and

(ii) the Project Portfolio

d) “Deliverables” means the tasks, activities, trainings, reports, curriculum, manuals,

documents, forms, information and the like, whether in draft or final form, required to

be performed and/or delivered by the [Successful Bidder] under the Project Documents;

DRAFT


e) "Disclosing Party" means the Party which discloses Information to the Receiving

Party;

f) "Effective Date" means a) the date when mobilization advance as mentioned in

Appendix D is released to the Successful Bidder or b) the date of actual commencement

of the Project as determined and approved by the Company through information

submitted by the Successful Bidder and/or the Successful Bidder;

g) "Grant" or “ Approved Cost” means the approved cost/funds/budget for the

Project, as more fully set forth in the Project Portfolio;

h) "Information" means all information or data (whether provided orally, visually, in

writing or in any other method) which is directly or indirectly disclosed to or made

available to a Party (including its employees, officers, advisers, agents or representatives)

hereto by the other Party (including its employees, officers, advisers, agents or

representatives) in relation to this Agreement or the Deliverables. Without prejudice to

the generality of the foregoing definition, the “Information” shall include but not be

limited to:

(i) Information contained in and/or ascertainable from samples, stored in and

transmitted via electronic medium, letters, papers, drawings, manuals,

technical and test reports, proposals, financing and legal information; and

(ii) any information relating to any Party's processes, procedures, plans,

intentions, products and services information, know-how, Intellectual

Property and Intellectual Property Rights, market opportunities, customers

or other business affairs.

i) "Intellectual Property Rights" means rights in intellectual property, including,

but not limited to, patent rights, industrial designs, software codes, algorithms

developed, lay-out designs of integrated circuits, copyright and related rights, service

marks, trademarks, trade names, trade secrets, inventions, discovered or invented

knowledge, geographical indications, technical know-how and ideas for new products

and markets or any combinations thereof, whether or not any of these rights is/are

registered and all rights or forms of protection of a similar nature or having equivalent or

similar effect to any of these rights which may subsist anywhere in the world;

j) “Monitoring Team” means the team nominated by the Projects Division of the

Company to monitor the Project;

k) “Project” means the project titled as “ICT for Women Entrepreneurship

Development Program” as more fully described in the Project Portfolio;

l) "Project Portfolio" means the detailed description and plan for the Project

DRAFT


approved by the Company and attached to this Agreement as Annexure 1. The Project

Portfolio consists of:

(i) Project Proposal approved by the Company (Appendix A);

(ii) Project Monitoring Schedule (Appendix B);

(iii) Milestones Chart (Appendix C);

(iv) Payment Schedule (Appendix D);

(v) The Request for Proposal dated [Insert Date] (RFP) (Appendix E).

m) "Receiving Party" means the Party to whom the Information is disclosed by the

Disclosing Party;

n) "Term" means the period for completion of the Project given in the Project Proposal

(Appendix A) as Project Duration starting from the Effective Date of this Agreement

and/or till delivery of the Deliverables by the [Successful Bidder].

1.2. Interpretation: In this Agreement (except where the context otherwise requires):

(i) Words and expressions defined in any provision of this Agreement, other than Section 1.1

hereinabove, shall bear the respective meanings assigned to them in the relevant

Sections.

(ii) Any phrase introduced by the terms “including”, “include”, “in particular” or any similar

expression shall be construed as illustrative and shall not limit the sense of the words

preceding those terms.

(iii) Any reference to a statute or law shall include that statute or law as amended, re-enacted

or extended.

(iv) The headings in the Agreement are included for ease of reference only and shall not be

used in its interpretation.

(v) Words importing persons shall include firms and corporations, the masculine shall

include the feminine and the singular includes the plural and vice versa, all where the

context so requires.

(vi) Approval as required under this Agreement, shall mean approvals (including

confirmations) which are to be obtained in writing, as agreed between the Parties;

(vii) The Recitals, Appendices and Annexes form an integral part of this Agreement and shall

have effect as if set out in full in the body of this Agreement and any reference to this

Agreement includes the Recitals, Appendices and Annexes.

DRAFT


(viii) Unless otherwise qualified, reference to days, months or years shall be read to mean

calendar days, months or years of the Gregorian Calendar.

(ix) All references to reports, intimation, information and/or communication to the

Company hereunder shall mean reports, intimation, information and/or communication

to the Projects Division of the Company.

(x) In case of any conflict and/or inconsistency between any statements, terms or provisions

contained in the Project Documents and/or the Appendices thereto, the order of

precedence shall be as follows:

(a) The Request for Proposal dated [Insert Date] (Appendix E);

(b) This Agreement;

(c) Payment Schedule (Appendix D of the Project Portfolio);

(d) Project Monitoring Schedule (Appendix B of the Project Portfolio);

(e) Milestones Chart (Appendix C of the Project Portfolio); and

(f) Project Proposal approved by the Company (Appendix A of the Project

Portfolio).

2. MUTUAL REPRESENTATIONS, WARRANTIES AND COVENANTS

2.1. Both parties, to their respective extent, represent, warrant and covenant, as

applicable, as follows:

(i) Each party has the full corporate power and authority to enter into this

Agreement and perform its obligations hereunder as a body

corporate/corporation, duly formed, validly existing and in good standing under

the laws of Pakistan and is duly authorized and qualified to conduct

transactions/business in Pakistan;

(ii) The execution, delivery, and performance of this Agreement has been duly

authorized by all requisite corporate/administrative action and this Agreement

constitutes a legal, valid and binding obligation of each party, enforceable against

it in accordance with its terms;

(iii) Neither the execution, delivery nor performance of this Agreement conflicts with,

or results in a violation or breach of the terms, conditions or provisions of, or

constitutes a default under, the organizational documents of either party or any

contract or other instrument under which either party or its assets are bound, nor

violates or conflicts with any applicable law or any judgment, decree, order, writ,

injunction or award applicable to either party;

DRAFT


(iv) Neither party is in violation of any applicable law, which violation, individually or

in the aggregate, would affect the performance of its obligations under this

Agreement;

(v) There is no pending controversy, legal action, arbitration proceeding,

administrative proceeding or investigation instituted, or to the best of either

party’s knowledge threatened, against or affecting, or that could affect, the

legality, validity and enforceability of this Agreement, nor does either party know

of any basis for any such controversy, action, proceeding or investigation; and

(vi) Each party has examined this Agreement, including the Project Portfolio attached

hereto, thoroughly and become familiar with all its terms and provisions.

3. BASIC SCOPE

3.1. Subject to and in accordance with the terms of this Agreement:

(i) the [Successful Bidder] perform all tasks and activities in accordance with the

RFP and the Scope of Work mentioned therein, which is attached as Annexure A

to this Agreement;

(ii) the [Successful Bidder] shall execute and implement the Project and shall

perform and deliver all Deliverables in accordance with the Project Portfolio with

due care and without negligence; and

(iii) the Company shall disburse the Grant to the [Successful Bidder] in accordance

with the schedule given in the Payment Schedule subject to verification of

deliverables accomplished (Appendix D of the Project Portfolio).

4. PRINCIPAL DUTIES OF THE PARTIES

4.1. Duties of the [Successful Bidder]

The [Successful Bidder] shall:

(i) Maintain detailed records of all acts and things done in relation to the Project

and, at the Company's request, shall either make all such records available for

inspection or shall provide the Company with true and accurate copies thereof;

(ii) Facilitate the Monitoring Team and provide team access to the record and data for

purpose of management of the Project;

(iii) Provide periodic progress and relevant customized reports as determined by the

DRAFT


Company;

(iv) Submit Project post evaluation report to the Company within thirty (30) days after

six months of the completion of the Project;

(v) Complete the Project within six months from date of award of the Agreement;

(vi) Appoint a dedicated professional management team having relevant experience

and specialized qualification for the Project to effectively manage the Project and

it’s completion;

(vii) perform and deliver the Deliverables listed in the Project Portfolio with care,

skill, diligence, honesty and integrity and with generally accepted standards of

good practice and prudence;

(viii) complete and deliver all Deliverables and perform all its obligations under this

Agreement within the time stipulated in the Project Portfolio. Time shall be of the

essence of this Agreement;

(ix) shall fully comply with any representations, warranties and undertakings

provided in the Project Portfolio relating to the quality and contents of the

Deliverables;

(x) use its reasonable endeavors for the successful and timely completion of the

activities, tasks or deliverables which are not quantified or for which no

measurable indices are given in the Project Portfolio;

(xi) comply with all applicable laws, as they exist in Pakistan from time to time,

including safety and security standards applicable to the activities and tasks

covered under the Project;

(xii) promptly and accurately respond to the review of the Deliverables by the

Company, either by providing explanations of information or by responding to

reasonable requests for revisions to the Deliverables.

4.2. Duties of the Company

The Company shall:

(i) disburse the Grant in accordance with the schedule given in Appendix D and

clause 7 hereunder;

(ii) respond to requests for information (which the [Successful Bidder] is not

reasonably expected to obtain itself within the scheme of the Project Portfolio) in

DRAFT


a timely and proper manner; and

(iii) exercise all powers and discretion vested in it under this Agreement reasonably

and with the objective of realization of the aims and objectives of the Project.

5. MONITORING PROJECT PERFORMANCE

Monitoring of the project will be done by the Monitoring Team in line with the

policies of the Company.

6. CHANGES IN PROJECT SCOPE OR METHODOLOGY

6.1. Change in scope

Neither the phenomena nor the objectives of the Project stated in the Project

Portfolio should be changed without prior Company approval. Significant

changes in methods or procedures should be reported to the Company. Such

changes should be proposed to the Company by the [Successful Bidder], and the

approval thereof shall be at the sole discretion of the Company.

6.2. Significant Changes, Delays or Events of Unusual Interest

In the event there are problems, delays or adverse conditions that will materially

affect the ability to attain the objectives of the Project or to meet such time

schedules as may have been proposed, the [Successful Bidder] should, as soon as

reasonably/practically becoming aware of the same, inform the Company of such

event(s), and propose a reasonably detailed mechanism to remedy such event.

6.3. Changes in [Successful Bidder] or Person-Months Devoted to the Project

6.3.1. Basic Requirements

As soon as the [Successful Bidder] becomes aware that the [any of the Key Personnel ]

will: (i) devote substantially less effort to the Project than anticipated and/or set forth in

the Project Portfolio; or (ii) otherwise relinquish active direction of the Project, the

[Successful Bidder] shall immediately advise the Company of the remedial measures so

that proper and appropriate action can be undertaken by the Successful Bidder with the

consent of the Company and the Successful Bidder ensuring at all times that the Project

continues uninterrupted in accordance with the Project Portfolios.

DRAFT


7. DISBURSEMENT OF THE GRANT

7.1. Disbursements of the Grants shall be based on submission of invoices raised in

accordance with the Payment Schedule along with the Milestones Chart with

deliverables (Appendix C) and Clause 8 of this Agreement. Invoices shall duly list

the work performed by the [Successful Bidder]. The Company may at its

discretion withhold payment against an invoice pending satisfactory compliance

of the relevant Deliverable with the Project Portfolio.

7.2. The [Successful Bidder] shall be responsible to comply with the relevant tax laws

as applicable in Pakistan. All taxes shall be deducted as per applicable laws of

Pakistan.

8. FINANCIAL

8.1. All invoices shall be raised by the Successful Bidder duly signed by its authorized

signatory. Besides any other relevant information, the invoices shall contain title

and number of the bank account and the breakup of the cost heads against which

the amount is required.

8.2. The Company will sponsor the Project in accordance with the details given in the

Project Proposal. All disbursements will be made according to the Payment

Schedule along with the Milestones Chart with deliverables (Appendix C)

attached herewith as Payment Schedule (Appendix D).

8.3. The amount to be paid by the Company as mentioned in the Payment Schedule is

the maximum Approved Cost and cannot be modified/altered/changed without

the Company’s prior approval/written consent. Any other expenses whether

associated with the Project or otherwise, not mentioned in this Agreement and its

attachments shall be borne by the Successful Bidder.

8.4. Notwithstanding anything to the contrary contained in this Agreement, all

payments shall be subject to the proper and timely performance of the Project by

the Successful Bidder in accordance with the terms and conditions of this

Agreement.

9. REPORTING

The Successful Bidder shall prepare and submit the following reports to the

Company for the Project including but not limited to:

DRAFT


a. Project Commencement Report fifteen days after commencement of the Project

b. Customized Reports as determined by the Company

c. Post Training Reports after each training

d. Project Periodic Progress Reports

e. Comprehensive Training Impact Report after six months

f. Post Evaluation Report six months after Completion of the Project

10. TITLE TO PROPERTY, DELIVERABLES

All property, movable, immovable, tangible or otherwise acquired or purchased

by utilizing sums representing the Grant, and all Deliverables at any stage of the

progress of the Project and whether in draft form or completed (the

“Equipment”) shall be and remain the absolute property of the Company,

provided that, the Company may, in its sole discretion, upon successful

completion of the Project, transfer title to some or all of the movable and

immovable properties to the Successful Bidder.

11. INTELLECTUAL PROPERTY RIGHTS

Copyrights of the curriculum/content developed in the Project shall vest in and

be the absolute property of the Company.

12. TERM, CONTRACT CLOSURE, SUSPENSION & TERMINATION

12.1. Term

The period for completion of the Project shall be the Project Duration as given in

the Project Proposal (Appendix A) starting from the Effective Date of this

Agreement. However, the duration of the Term may be extended by agreement of

the Parties in writing.

12.2. Contract Closure

The Contract shall be formally closed after due compliance with all closure

requirements of the Company as provided for within the Company’s manuals and

procedures available at the Company and upon issuance of closure notification

issued by the company to the Successful Bidder.

12.3. Suspension

DRAFT


12.3.1. The Project may be suspended or terminated in whole or in part in any of the

following situations by;

(i) the Company when the Successful Bidder has materially failed to comply

with the terms and conditions of this Agreement;

(ii) the Company when the Company has other reasonable cause;

(iii) the Company when the Company prima facie believes that there has been

‘misconduct’ on part of the Successful Bidder;

(iv) by mutual agreement, however, if the Company and the Successful Bidder

cannot reach an agreement, the Company reserves the right to unilaterally

terminate the Project.

12.3.2. Generally, the action to suspend or terminate the Project, by the Company, will

be taken only after the Successful Bidder has been informed by the Company of

the proposed action, or informed of any deficiency on its part and given an

opportunity to correct it. The Company, however, may immediately suspend or

terminate the Project without notice when it believes such action is reasonable to

protect the interests of the Company and or the Government.

12.3.3. No costs incurred during a suspension period or after the effective date of a

termination will be allowable, except those costs which, in the opinion of the

Company, the Successful Bidder could not reasonably avoid or eliminate, or

which were otherwise authorized by the suspension or termination notice,

provided such costs would otherwise be allowable under the terms of the Grant.

12.4. Termination

12.4.1. Termination by mutual consent

This Agreement shall also terminate where (i) both Parties agree that the Project

is no longer technically feasible and mutually agree to terminate the Agreement

in writing, or (ii) upon the continuance of an event of Force Majeure in terms of

Clause 15.1.1.

12.4.2. Termination for material breach

DRAFT


(i) The Company may, by issuing a written notice of termination, terminate

this Agreement forthwith if the Successful Bidder:

(a) is in material breach of any of its obligations under this Agreement, which breach, if

capable of remedy, is not cured by the Successful Bidder within a period of Seven

(07) days after receipt of a written notice by the Company noting the breach and

demanding remedy thereof; or

(b) has delayed the performance or delivery of any Deliverable beyond fifteen (15) days

of the due date thereof under the Project Portfolio, provided such delay is not

attributable to an event of Force Majeure or has not been consented to in writing by

the Company; or

(c) other than for the purposes of a voluntary reconstruction or amalgamation, makes

any composition or arrangement with its creditors; enters into any voluntary

arrangement or a composition of debts with its creditors; has an application made

under the applicable laws in respect of itself to the Court for the appointment of an

Administrator or liquidator; has a winding up order made or a resolution for a

voluntary winding up passed or a receiver or manager of its business or undertaking

appointed.

(ii) The Successful Bidder may, by issuing a written notice of termination,

terminate this Agreement forthwith if the Company:

(a) is in material breach of any of its obligations under this Agreement which breach, if

capable of remedy, is not cured by the Company within a period of twenty one (21) days

after receipt of a written notice by the Successful Bidder noting the breach and

demanding remedy thereof;

(b) delays, without cause, the release of any disbursement of the Grant beyond fourteen

(14) days of the due date of payment thereof in accordance with Appendix D, provided

such delay is not attributable to an event of Force Majeure or has not been consented to

in writing by the Successful Bidder.

12.4.3. Termination of this Agreement shall be in addition to, and not in substitution for,

any other remedies that may be available to the Party serving such notice, and

any termination of this Agreement by the exercise of such right shall not relieve

any Party from any obligations accrued prior to the date of such termination or

relieve the Party in default from liability and damages for breach of this

Agreement.

12.4.4. Consequences of Termination

DRAFT


In the event of termination of this Agreement under Clauses 12.4.1 or 12.4.2:

(ii) the obligation of the Company to release any disbursement under the Grant shall

terminate, provided that, the Company shall remain responsible to make

payments due and outstanding for the Deliverables (draft or final) performed and

delivered to the Company up to the date of termination unless such Deliverables,

in the opinion of the Company reasonably exercised, are not meaningful or

incapable of use on their own without the completion of the remaining

Deliverables under the Project;

(iii) subject to clause (a) above, the Successful Bidder shall forthwith refund any sums

disbursed under the Grant which have not been accounted towards a Deliverable

(draft or final) accepted by the Company;

(iv) the Successful Bidder shall forthwith return all Information provided by the

Company and provide a written undertaking that no copies or other

reproductions of the Information have been retained; and

(v) the Successful Bidder shall cease all contact with third parties on Company's

behalf or in relation to the Agreement and notify the Company (with details) of

the then current status of all work-in-progress. The Successful Bidder shall, upon

request, co-operate with and afford the Company all such assistance as the

Company may reasonably require to procure, where possible, the completion of

the Project by a third party.

(i) In the event of termination of this Agreement under Clause 12.4.2(ii), subject to

the Successful Bidder performing the duties listed in this Agreement, the

Company shall pay to the Successful Bidder (i) all sums under the Grant then due

and outstanding for completed Deliverables performed and delivered to and

accepted by the Company (ii) such sum as shall be fair and reasonable for the

work satisfactorily began and performed at the date of termination of the

Agreement and, (iii) the reasonable, additional costs directly incurred by the

Successful Bidder in terminating the Project which are notified to the Company

within three (3) working days after the effective date of termination, such

payment being in full and final settlement of any claim which the Successful

Bidder may have in respect of such termination. Termination of this Agreement

shall be without prejudice to the rights and obligations which accrued prior to the

termination or which by their terms are intended to arise or operate upon or after

termination.

13. PERSONNEL

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13.1. The Key Personnel

13.1.1. If the Project Portfolio identifies (including by reference to the proposal for the

Project) any personnel whose qualifications, skill or experience are integral to the

approval of the Project by the Company, such personnel shall be referred to as the

"Key Personnel".

13.1.2. The Successful Bidder and/or the Project Director shall insure that the

Deliverables are performed personally by the Key Personnel and that they

observe and are bound by all provisions of this Agreement.

13.1.3. The Successful Bidder shall not change or replace any of the Key Personnel

without the prior consent in writing of the Company, provided that, the Company

shall be entitled to withhold its consent where the proposed change is likely, in

the reasonable opinion of the Company, to have an adverse impact on the quality

or timely completion of the Deliverables.

13.2. General

The Company shall, subject to consultation with the Successful Bidder, be at

liberty to object by notice in writing to the Successful Bidder to any person used

by the Successful Bidder in the performance of the Deliverables who shall, in the

reasonable opinion of Company, misconduct himself / herself or be incompetent

or negligent and the Successful Bidder shall forthwith remove such person from

the Project and provide an appropriate replacement and that person shall not be

again used on the Project without the prior written consent of the Company.

14. CONFIDENTIALITY

14.1.1. Save as otherwise permitted by this Clause 14, the Receiving Party undertakes

and agrees in respect of the Disclosing Party’s Information:

(i) that it shall receive and maintain such Information in confidence and shall not

publish or disclose such Information or permit the same;

(ii) to apply to the Disclosing Party’s Information no lesser security measures and

degree of care than those which the Receiving Party applies to its own confidential

information and which it warrants as adequate for the purposes thereof;

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(iii) that it shall use the Disclosing Party’s Information only for the purposes of the

Agreement; and

(iv) not to copy, reproduce, decompile or reduce to writing or permit the same of any

part of the Disclosing Party’s Information except as may be reasonably necessary

for the performance of the Deliverables or where contemplated or permitted in

terms of this Agreement.

14.1.2. The Successful Bidder may disclose the Company's Information only to such of

the Successful Bidder’s directors, officers and employees ("Permitted

Persons") who need to know the Company's Information for the purposes of the

Agreement. The Successful Bidder:

(i) shall ensure that each Permitted Person is aware of and complies with the

obligations of confidentiality set out in this Clause 14; and

(ii) shall be vicariously liable for any breach of the obligations of confidentiality

contained in the Agreement by such Permitted Person and shall enforce such obligations

at its own expense upon the request of the Company.

14.1.3. The obligations contained in this Clause 14 shall survive the termination or expiry

of this Agreement for a period of ten (10) years.

14.1.4. The obligations of confidentiality under this Clause 14 shall not apply to any

Information, which:

(i) at the time of receipt by the Receiving Party:

(a) is in the public domain or thereafter becomes part of the public domain;

or

(b) is lawfully already in the possession of the Receiving Party without

limitation on disclosure (as evidenced by the written records of the

Receiving Party existing on the date of receipt) or subsequently becomes

free of limitation on disclosure, in each case, otherwise than in

consequence of breach of the Agreement. For the avoidance of doubt,

possession of any Information by any third party who is bound by similar

obligations of confidentiality shall not constitute Information in the

public domain;

(ii) was lawfully obtained by the Receiving Party from a person (other than the

Disclosing Party) under no obligation of confidentiality to the Disclosing Party in

respect thereof;

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(iii) the Receiving Party is required to disclose by any applicable law, regulation, court

order or by any competent judicial, governmental or other authority or to a

Court, arbitration or administrative tribunal in the course of proceedings before

it provided that the Receiving Party shall, as soon as possible after becoming

aware of such required disclosure, notify the Disclosing Party thereof. The

Receiving Party shall be entitled only to furnish that portion of the Disclosing

Party's Information which is necessary to comply with the relevant order or

requirement;

(iv) the Disclosing Party has approved the release of by written authorization; or

(v) the Receiving Party wishes to disclose to its professional advisers in connection

with the interpretation or operation of the Agreement or any dispute arising

therefrom, provided that the Receiving Party shall ensure that such advisers are

aware of and comply with the obligations of confidentiality set out in this Clause

14 and shall be responsible for any breach of the obligations of confidentiality

contained in this Clause 14 by such advisors.

14.1.5. The Successful Bidder agrees that it will not, without the prior written consent of

the Company or as otherwise permitted by this Agreement, disclose to any third

party the nature or content of the Agreement or the Deliverables. It shall fully

indemnify the Company, without limit, against all losses, costs, damages and/or

expenses (including legal fees on an indemnity basis) arising from any breach of

this Clause 14.

14.1.6. Nothing contained herein shall prevent the Company in any manner whatsoever

from publishing or disseminating in whole or in part the Deliverables for general

information in such manner as the Company may in its absolute discretion deem

fit.

15. FORCE MAJEURE

15.1.1. If either Party to this Agreement is prevented or delayed in the performance of

any of its obligations under this Agreement by an event of Force Majeure and if

such Party gives written notice thereof to the other party, promptly and without

delay and in any case within two (2) working days of the earlier of the occurrence

of the event of Force Majeure or the affected Party becoming aware thereof,

specifying the matters constituting the event of Force Majeure together with such

evidence as it reasonably can give and specifying the period for which it is

estimated that such prevention or delay will continue, then the Party so

prevented or delayed shall be excused the performance as from the date of such

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notice for so long as such cause or delay shall continue and the respective dates

for performance set out in the Project Portfolio shall be extended on a day-for-

day basis during the continuance of the event of Force Majeure. If the event of

Force Majeure continues to have effect for a period of more than ninety (90) days

the Party not claiming relief under this Clause 11 shall have the right to terminate

this Agreement upon giving a notice of termination to the other Party, such notice

to take effect fourteen (14) days after the date thereof, but such notice shall not

take effect if the Party claiming relief gives notice within that period that the

event of Force Majeure has ceased and that it is capable of resuming its

performance under this Agreement.

15.1.2. For the purposes of this Agreement, “event of Force Majeure” means any event or

circumstance, or combination of events or circumstances, that that is beyond the

reasonable control of a Party that materially and adversely affects the

performance by that Party of its obligations under or pursuant to this Agreement;

provided that such event or circumstance, or combination of events or

circumstances, shall not constitute an event of Force Majeure to the extent that it,

or such material adverse effect, could have been prevented, overcome or

remedied in whole or in part by the affected Party through the exercise of

diligence and reasonable care. In particular, events of Force Majeure shall

include, but not be limited to, strikes, lockouts, industrial action (that is

widespread and not limited to the affected Party), civil commotion, riot, invasion,

act of terrorism, war, threat of or preparation for war, fire, explosion, storm,

flood, cyclone, typhoon, tornado, earthquake, subsidence, epidemic or other

natural physical disaster or political interference with the normal operation of the

affected Party, provided that, Force Majeure shall not include the lack of financial

means for the affected Party to perform its obligations under this Agreement or

events or circumstances that would have been reasonably foreseeable and capable

of mitigation or prevention by the affected Party.

16. RESOLUTION OF DISPUTES

16.1. Mediation by Expert

16.1.1. All disputes which shall at any time arise between the Parties hereto in relation to

or in any manner connected with this Agreement ("Dispute") shall, in the first

instance, be resolved in accordance with the procedures for appeal stated in the

Operations Manual of the Company.

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16.1.2. In the event that either Party is dissatisfied with the outcome of the decision in

appeal under the Operations Manual, it may, within twenty one (21) days of such

decision, issue a written notification of the Dispute ("Dispute Notification") to the

other Party along with a request for mediation by an Expert. A Dispute

Notification shall be effective once given and shall not be questioned by either

Party for the reason that attempts at internal resolution by the officials or

representatives of the Parties are being undertaken. Subject to Clause 16.1.4,

mediation by an Expert shall be a condition precedent to any arbitration or other

legal proceedings by a Party for the resolution of the Dispute.

16.1.3. An "Expert" means a person with appropriate qualifications and experience in

the field of information and communications technology who is included in a

roster maintained by the Company.

16.1.4. Within ten (10) days of issuance of the Dispute Notification, the Parties shall

jointly agree upon and select an individual to act as the Expert under this

Agreement. However, in the event that the Parties are unable to agree upon an

Expert acceptable to both parties, within the aforementioned time period, the

process of mediation under this Clause 16.1 shall terminate and the affected Party

shall be free to initiate arbitration proceedings against the other Party under

Clause 16.2 hereunder.

16.1.5. The Parties shall promptly furnish to the Expert all information reasonably

requested by such Expert relating to the particular Dispute. The Expert shall be

required by the Parties to use all reasonable endeavors to render his decision

within thirty (30) days following the referral of the Dispute to him. In the event of

any Party's failure or refusal to furnish the information promptly to enable the

Expert to give his decision within the afore-said time limit, the Expert shall note

such refusal or failure and shall base his decision on the information made

available, provided that, genuine reasons (as determined by the Expert) for the

inability of a Party to furnish the requested information shall not be a cause for

adverse inferences by the Expert against such Party. The Parties shall co-operate

fully with the Expert to achieve a determination within the afore-said period of

thirty (30) days.

16.1.6. Each Party shall bear its own costs incurred in the process of mediation, provided

that, the fees of the Expert shall be borne by the Company.

16.2. Arbitration

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If the Parties cannot agree upon the selection of an Expert under Clause

16.1.4hereinabove or a Party is dissatisfied with the decision of the Expert, such

Party may refer the Dispute for resolution through arbitration by a sole arbitrator

appointed by the consent of both Parties or, if the Parties cannot agree on the

appointment of a sole arbitrator, then by two arbitrators, one to be appointed by

each Party and, in case of disagreement between them, by an umpire who shall be

appointed by the said two arbitrators before entering on the reference. The

decision of the arbitrators or the umpire, as the case may be, shall be final and

binding upon the Parties. The place of arbitration shall be Islamabad and shall be

held in all respects in accordance with the Arbitration Act, 1940 or any statutory

modification or re-enactment thereof.

17. MISCELLANEOUS

17.1. Publicity / Media Releases

No publicity releases, including news releases relating to this Agreement and the

Project shall be issued by the Successful Bidder or by any person on its behalf

without the prior written approval of the Company, which shall not be

unreasonably withheld.

17.2. Remedies Cumulative

The specific remedies detailed in this Agreement shall be in addition to and not in

derogation of any other remedies provided in law or equity.

17.3. Notices

All notices and documents required to be given under this Agreement and all

other communications between the Parties hereto with respect to this Agreement

shall be in writing and may, at the option of the sender, be sent by hand,

registered post, courier or other postal service, telex or facsimile at the addresses

given above (or to such other addresses or numbers as notified by the parties

hereto in accordance with this Clause):

A notice or communication given pursuant to this Agreement shall be deemed to

be served and received by the addressee:

(i) if delivered by hand, at the time of delivery; or

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(ii) if sent by registered post, courier or other postal service, within five (5) days of dispatch

or posting; or

(iii) if transmitted by telex or facsimile, the business day following transmission by telex or

by facsimile.

17.4. Waiver

Any failure to enforce at any time or for any period any one or more of the terms

or conditions of this Agreement shall not be a waiver of them or of the right at

any time subsequently to enforce all terms and conditions of this Agreement.

17.5. Severability

In the event that any provisions of this Agreement is declared by any judicial or

other competent authority to be void, voidable, illegal or otherwise

unenforceable, such provisions shall be deemed amended in such reasonable

manner as would achieve the intention of the Parties as closely as possible to the

original intent or, at the discretion of the Party affected thereby, may be severed

from this Agreement and the remaining provisions shall remain in full force and

effect.

17.6. Sufficiency of Project Documents

The Project Documents set forth the entire agreement and understanding

between the Parties as to the subject matter of this Agreement and merge all prior

discussion between them and neither of the Parties shall be bound by any

conditions, definitions, warranties or representations with respect to the subject

matter of this Agreement other than as expressly provided in the Project

Documents or subsequent to the date hereof set in writing and signed by a proper

and duly authorized representative of the Party to be bound thereby. The Project

Documents supersede any prior agreement between the Parties whether written

or oral and any such prior agreement is cancelled as at the Effective Date.

17.7. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of Pakistan and the Parties consent

to the jurisdiction of the Civil Court at Islamabad.

17.8. Time of the essence

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Time shall be of the essence for all performances by a Party where a time limit for

the relevant performance is stipulated in the Project Documents.

17.9. Further Assurances

Each Party shall do all things necessary (including, but not limited to, executing

all documents) as may be required to give effect to this Agreement.

17.10. Assignment

Neither Party may assign this Agreement and the rights and/or obligations

arising out of this Agreement without the prior consent in writing of the other

Party.

17.11. Successors

This Agreement shall be binding on the heirs, personal and legal representatives,

estate, successors-in-title and permitted assigns (where applicable) of the Parties.

17.12. Independent Contractors

The Parties are independent contractors. Nothing contained in this Agreement

shall constitute or to be deemed to constitute a partnership, joint venture,

consortium or a principal / agent relationship between the Parties and none of

the Parties shall have any authority to bind or commit the other save as

authorized by this Agreement.

17.13. Indemnity

Successful Bidder shall defend, indemnify and hold the Company, its officers,

employees and agents harmless from and against any and all liability, loss,

damages, expense, costs, fees, charges (including reasonable lawyer’s fees) or

claims for personal injury or death, caused by or arising out of the negligent or

intentional acts or omissions of the Successful Bidder, its officers, agents,

employees or independent contractors employed by the Successful Bidder.

17.14. Personal Liability

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Nothing in this Agreement shall impose any liability on any officer, employee or

agent of either Party, in their personal capacity, for any action done in good faith.

IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the dates

written below:

Signed for & on behalf of the Company

By:

Title: Chief Executive Officer

CNIC:

Date: ___/___/2016

Signed for & on behalf of the Successful

Bidder

By:

Title:

CNIC:

Date: ___/___/2016

Witness - 1

Name: _______________________

Designation:___________________

Signature:____________________

CNIC: ______-__________-___

Witness – 1

Name: ______________________

Designation:__________________

Signature:____________________

CNIC: ______-__________-___

Witness - 2

Name: _______________________

Designation:___________________

Witness – 2

Name: ______________________

Designation:__________________

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Signature:____________________

CNIC: ______-__________-___

Signature:____________________

CNIC: ______-__________-___

(For Company’s Official Use Only)

Effective Date of the Agreement i.e. Date of commencement for the Project is ____ ____ ____

____, based upon:

a) Commencement date conveyed By the Successful Bidder through letter dated ____

____ ____ with reference No. ____ ____ ____ ____ ____.

OR

b) Mobilization Advance issued by the Company dated ____ ____ ____.