REQUEST FOR PROPOSAL (RFP)

FOR

PROCUREMENT OF CONSULTANCY SERVICES

ForCommercial Study, Financial Models, Operations

and Management Models regarding Shopping Mall industry

ForMultipurpose Cineplex and Commercial Complex

At I-8 Markaz –Islamabad.

REQUEST FOR PROPOSAL(Technical & Financial Proposals)

SINGLE STAGE, TWO ENVELOPE SYSTEM

PAKISTAN REAL ESTATE INVESTMENT & MANAGEMENT COMPANY (PVT.) LTD

(A Wholly Owned Subsidiary of Employee’s Old-Age Benefits Institution, Government of Pakistan)

ADVERTISEMENT

SECTION – I

LETTER OF INVITATION

SUBJECT: Procurement of Consultancy Services for Commercial Study,

Operations/Management Models, Financial Models, and Concessionaire

Agreements Services of Multipurpose Cineplex and Commercial Complex

located on I-8 –Islamabad.

1. On Behalf of Employee’s Old Age Benefits Institutions (EOBI), Pakistan Real Estate

Investment & Management Company (Pvt) Ltd – PRIMACO (A Wholly Owned

Subsidiary of Employee’s Old-Age Benefits Institution, Government of Pakistan)

invites Technical & Financial proposals from Consultants / Firms / JV’s to Provide

Commercial Study, Study on Operations/Management/Financial Models as well as

Bidding Documents for Multipurpose Cineplex and Commercial Complex at I-8

Markaz –Islamabad- Pakistan

2. Consultants may obtain further information and the Request for Proposal (RFP) from

the office of the Senior Manager-Operations and Management- PRIMACO,2ndFloor,

EOBI House, Plot No. 32, 33 & 34, G-10 /4, Mauve Area, Islamabad, Pakistan

without any cost.

3. Technical and Financial Proposals ( Single Stage – Two Envelope System) will be

received at the office of the Chief Executive Officer of PRIMACO,2nd floor, EOBI

House, Plot no. 32, 33 & 34, G-10 /4, Mauve Area, Islamabad, Pakistan on April 18,

2014, until 1500 hours.

4. Technical Proposals will be opened on the same day at 1545 hours, whereas financial

proposals shall be witnessed in the presence of Bidder’s representatives who choose

to attend.

5. Pakistan Real Estate Investment & Management Company (Pvt.) Ltd. reserves the

right to accept / reject any or all Proposals as per PPRA rules. (Note: Late

submissions will not be entertained and thereof will be a direct rejection.)

DEFINITIONS

“Client / Employer” means the agency with which the selected Consultant signs the

Contract for the Services. PRIMACO – Pakistan Real Estate Investment & Management

Company (PVT) Ltd. which is client’s complete official name

“Consultant” means any entity or person or JV/Firm/Firm with Associates that may

provide or provides the Services to the Client under the Contract.

“Contract” means the Contract signed by the Parties and all the attached documents listed

in the General Conditions (GC), the Special Conditions (SC), and the Appendices.

(Proposed draft agreement will be submitted by the Consultant along with

Technical Proposal)

“Data Sheet” means such part of the Information to Firms used to reflect assignment

conditions and other relevant information.

“Day” means calendar day.

“Government” means the government of the Client’s country.

“Information to Firms” (Section 1 of the RFP) means the document which provides

Consultants with all information needed to prepare their Proposals.

“Personnel” means professionals and support staff provided by the Consultant or by any

Sub-Consultant and assigned to perform the Services or any part thereof;

“Foreign Personnel” means such professionals and support staff who at the time of being

so provided had their domicile outside the Government’s country;

“Local Personnel” means such professionals and support staff who at the time of being so

provided had their domicile inside the Government’s country.

“Proposal” means the Technical Proposal and the Financial Proposal.

“RFP” means the Request for Proposal to be prepared by the Client for the selection of

Consultants.

“Services” means the work to be performed by the Consultant pursuant to the Contract.

“Sub-Consultant” means any person or entity with which the Consultant subcontracts any

part of the Services.

“Terms of Reference” (TOR) means the document included in the RFP as Section V

which explains the objectives, scope of work, activities, tasks to be performed, respective

responsibilities of the Client and the Consultant, and expected results and deliverables of

the assignment.

Instruction to Bidders (ITB)

A.G E N E RA L

IB.1 Scope of Bid and Source of Funds

1.1 Scope of Bid;Pakistan Real Estate Investment and Management Company (PRIMACO) (hereinafter called “the Owner”) ) invites proposals from Consultants to Provide Consultancy Services for Commercial Study,Shopping Mall industry report, operational and management models of Shopping mall industry as well Financial Models for Cineplex and Commercial Complex in i-8 Markaz ,Islamabad.

IB.2 Qualified Bidders

2.1 Bidding is open to all pre-qualified firms and companies meeting the following requirements:

a) Duly licensed by the respective forums in the appropriate Category relevant to the value of the Works/Services

b) Post Qualification of Bidders in accordance to Appendix A

IB.3 Cost of Bidding

3.1 The Bidder shall bear all costs associated with the preparation and submission of its respective bid and the Owner will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

B. B ID D IN G D O CU ME N T S

IB.4 Contents of Bidding Documents

4.1 In addition to Invitations for Bids, the Bidding Documents are those stated below,

1. Instructions to Bidders with Appendices to ITB

Appendices to Bid are the following:

i. Evaluation Criteriaii. Duration of Assignment

iii. Term of Payment

(i) Form of Contract Agreement(ii) Financial Bid Form

4.2 The Bidders are expected to examine carefully the contents of all the above Documents. Failure to comply with the requirements of bid submission will be at the bidders own risk. Pursuant to Clause

IB.18, bids which are not substantially Responsive to the requirements of the Bidding Documents will be rejected.

IB.5 Clarification of Bidding Documents

5.1 A prospective Bidder requiring any clarification(s) in respect of the Bidding Documents may notify the Owner in writing or fax at the address:

a) Senior manager-operations and managementPRIMACO, Second Floor, EOBI House, G-10/4, Mauve Area, Islamabad

Owner will examine the request for clarification of the Bidding Documents which it receives not later than Fourteen (14) days prior to the deadline for the Submission of bids and if needed will issue the clarification/amendment of the Bidding Documents at least Seven (07) days before the date of submission of Bids (without identifying the source of enquiry but including its description) to all Prospective Bidders who have purchased the Bidding Documents

C. P R E P A R A T I O N O F B I D S

IB.6 Language of Bid

6.1 The Bid prepared by the Bidder and all correspondence and documents related to the Bid, exchanged by the Bidderand the Owner shall be written in the English language, provided that any printed literature furnished by the Bidder may be written in any other language so long as accompanied by an English translation of its pertinent passages in which case, for purposes of interpretation of the Bid, the English translation shall govern.

IB.7 Technical and Financial Bid

7.1 The Bidder shall complete Appendices (A to C, or as modified) to Bid and financial proposal furnished in the Bidding Documents.

IB.8 Bid Prices

8.1 The Bidder shall fill up the Financial Proposal attached to these documents indicating the lump sum price of the Services to be performed under the Contract. The lump sum Bid Prices shall be payable according to the term of payment (Appendix - C)

IB.9 Currencies of Bid and Payment

9.1 Prices shall be quoted in the following currencies:

(a) For Services which the Bidder will supply from within Pakistan, the prices shall be quoted in the Pak. Rupees.

9.2 The currencies of payment shall be Pak. Rupees only.

IB.10 Validity of Bids:

10.1 Bids shall remain valid for 120 (One Hundred Twenty ) days after the date of bid opening as prescribed in Clause IB.13.

10.2 In exceptional circumstances prior to expiry of original bid validity period, the Owner may request the Bidders to extend the period of validity for a specified additional period which shall in no case be more than the original bid validity period. The request and the responses thereto shall be made in writing.

IB.11 Format and Signing of Bid

11.1 Bidders are particularly directed that the amount entered on the financial proposal shall be for performing the Contract strictly in accordance with the Bidding Documents.

11.2 All Appendices to Bid are to be properly completed and signed.

11.3 Each Bidder shall prepare one (1) Original and ___1 (One) Copies, of the documents comprising the bid as described in Clause IB.8 and clearly mark them “ORIGINAL” and ‘COPY” as appropriate. In the event of discrepancy between them, the original shall prevail.

11.4 The original and all copies of the bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign (in the case of copies, Photostats are also acceptable). This shall be indicated by submitting a written Power of Attorney authorizing the signatory of the Bidder to act for and on behalf of the Bidder. All pages of the bid shall be initialled and stamped by the person or persons signing the bid.

11.5 The bid shall contain no alterations, omissions or additions, except to comply with instructions issued by the Owner, or as are necessary to correct errors made by the Bidder, in which case such corrections shall be initialled by the person or persons signing the bid.

11.6 Bidders shall indicate in the space provided in the Evidence of Bidders capacity their full and proper addresses at which notices may be legally served on them and to which all correspondence in connection with their bids and the Contract is to be sent.

11.7 Bidders should retain a copy of the Bidding Documents as their file copy.

D.SUBMISSION OF BIDS

IB.12 Sealing and Marking of Bids

12.1 Each bidder shall submit his bid as under:

(a) ORIGINAL and each COPY of the Bid shall be separately sealed and put in separate envelopes and marked as such.

(b) The envelopes containing the ORIGINAL and COPIES will be put in one sealed envelope and addressed / identified as given in Sub- Clause 12.2 hereof.

12.2 The inner and outer envelopes shall;

(a) Be addressed to the Owner at the address given in Sub-Clause 5.1heretofore.

(b) Bear the Project name, Bid No. and Date of opening of Bid.

(c) Provide a warning not to open before the time and date for bid opening. If not, the Employer will not be responsible if the bid is opened before date.

12.3 The Bid shall be delivered in person or sent by registered mail at the address to Owner as given in Sub-Clause 5.1 heretofore.

12.4 In addition to the identification required in Sub-Clause 12.2 hereof, the inner envelope shall indicate the name and address of the Bidder to enable the bid to be returned unopened in case it is declared “late” pursuant to Clause IB.14.

12.5 If the outer envelope is not sealed and marked as above, the Owner will assume no responsibility for the misplacement or premature opening of the bid.

IB.13 Deadline for Submission of Bids

13.1 Bids must be received by the Owner at the address specified in Sub-Clause 5.1 hereof not later than the time and date stipulated in the Invitation for Bids.

Bids with charges payable will not be accepted, nor will arrangements be undertaken to collect the bids from any delivery point other than that specified above. Bidders shall bear all expenses incurred in the preparation and delivery of bids. No claims for refund of each expense will be entertained.

Where delivery of a bid is by mail and the Bidder wishes to receive an acknowledgment of receipt of such bid, he shall make a request for such acknowledgment in a separate letter attached to but not included in the sealed bid package.

Upon request, acknowledgment of receipt of bids will be provided to those making delivery in person or by messenger.

13.2 Bids submitted through telegraph, telex, fax or e-mail shall not be considered.

IB.14LateBids

14.1 Any bid received by the Owner after the deadline for submission of bids prescribed in Clause IB.13 will be returned unopened to such Bidder.

14.2 Delays in the mail, delays of person in transit, or delivery of a bid to the wrong office shall not be accepted as an excuse for failure to deliver a bid at the proper place and time. It shall be the Bidder’s responsibility to determine the manner in which timely delivery of his bid will be accomplished either in person, by messenger or by mail.

IB.15 Modification, Substitution and Withdrawal of Bids

15.1 Any Bidder may modify, substitute or withdraw his bid after bid submission provided that modification, substitution or written notice of the withdrawal is received by the Owner prior to the deadline for submission of bids.

15.2 The modification, substitution or notice for withdrawal of any bid shall be prepared, sealed, marked and delivered in accordance with the provisions of Clause IB.12 with the outer and inner envelopes additionally marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

E. B ID O P E N I NGA N D E V A L U A T I O N

IB.16BidOpening

16.1 A committee consisting of nominated members by the Owner will open the bids, including withdrawals, substitution and modifications made pursuant to Clause IB.15, in the presence of Bidders’ representatives who choose to attend, at the time, date and location stipulated in the Invitation for Bids.

The Bidders’ representatives who are present shall sign in a register evidencing their attendance.

16.2 Envelopes marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL” shall be opened and read out first and the name of the Bidder shall be read out. Bids for which an acceptable notice of withdrawal has been submitted pursuant to Clause IB.15 shall not be opened.

Any Bid Price or discount which is not read out and recorded at bid opening will not be taken into account in the evaluation of bid.

IB.17ClarificationofBids

17.1 To assist in the examination, evaluation and comparison of Bids the Owner may, at his discretion, ask the Bidder for a clarification of his Bid. The request for clarification and the response shall be in writing and no change in the price or substance of the Bid shall be sought, offered or permitted.

IB.18PreliminaryExamination&DeterminationofResponsivenessofBids

18.1 Prior to the detailed evaluation of bids, pursuant to Clause IB.20:

(a) The Owner will examine the Bids to determine whether;

i. The Bid is complete and does not deviate from the scope, ii. Any computational errors have been made,

iii. Required sureties have been furnished, iv. The documents have been properly signed, v. The Bid is valid till required period.

vi. The Bid prices are firm during currency of contract if it is a fixed price bid,

vii. Completion period offered is within specified limits, viii. The Bidder/Consultant is eligible to Bid and possesses the

requisite experience, ix. The Bid does not deviate from basic technical requirements, and x. The Bids are generally in order.

18.2 Prior to the detailed evaluation pursuant to Clause IB.20, the Owner will determine the substantial responsiveness of each Bid to the Bidding Documents. For purpose of these Clauses, a substantially responsive Bid is one which conforms to all the terms and conditions of the Bidding Documents without material deviations.A material deviation or reservation is one;

a. Which affects in any substantial way the scope, quality or performance of the Works/Services.

b. which limits in any substantial way, inconsistent with the Bidding Documents, the Owner’s rights or the Bidder’s obligations under the Contract; or

c. Whose rectification / adoption would affect unfairly the competitive position of other bidders presenting substantially responsive bids.

d. The Owner’s determination of a Bid’s responsiveness will be based on the contents of the Bid itself without recourse to extrinsic evidence.

18.3 A Bid determined as substantially non-responsive will be rejected

and will not subsequently be made responsive by the Bidder by correction of the non-conformity.

IB 19 Least Cost:

This method will only be used for assignment of standard or routine nature, where well established practices and standards exist;

19.1 Procedures for selection under least cost selection:

(a) Following evaluation of technical proposals and opening of financial proposals, the applicant offering the lowest evaluated price shall be selected for discussions on technical issues if deemed necessary, and

(b) Under this method proposals passing the technical score threshold shall then be treated equally and evaluated on the cost only.

IB.20 Detailed Evaluation of Bids

20.1 The Owner will evaluate and compare only the bids previously determined to be substantially responsive pursuant to Clause IB.18 as per requirements given hereunder.

20.2 Evaluation and Comparison of Bids

a. Bids will be evaluated for each item and/or complete scope of work/Services.

b. Technical Evaluation: It will be examined in detail whether the Services offered by the Bidder comply with the Technical Provisions of the Bidding Documents. For this purpose, the Bidder’s data submitted with the bid will be compared with the specific scope of Services prescribed by the Owner and technical features/criteria of the Services detailed in the Technical Provisions. Other technical information submitted with the bid regarding the Scope of Work/Services will also be reviewed. Bids will be rejected if the bidders fail to score at least 70 marks.

c. Commercial Evaluation: It will be examined in detail whether the bids comply with the commercial/contractual conditions of the Bidding Documents. It is expected that no major deviation/stipulation shall be taken by the Bidders. Commercial Bids will be evaluated according to least cost method.

F. A W A RD O F C O N T RAC T

IB.21 Post-Qualification21.1 The Owner, at any stage of the bid evaluation, having credible

reasons for or primafacie evidence of any defect in Consultants

capacities, may require the Consultants to provide information concerning their professional, technical, financial, legal or managerial competence whether already pre-qualified or not: Provided that such qualification shall only be laid down after recording reasons therefore in writing. They shall form part of the records of that bid evaluation report.

21.2 An affirmative determination will be a pre-requisite for award of the Contract to the lowest evaluated Bidder. A negative determination will result in rejection of that Bidder’s bid in which event, Owner will proceed to undertake a similar determination of the next lowest evaluated Bidder's capabilities to perform the Contract satisfactorily.

IB.22 Award Criteria

22.1 Subject to Clause IB.23, the Owner will award the Contract to the Bidder whose bid has been determined to be substantially responsive to the Bidding Documents and who has offered the lowest evaluated Bid Price, provided that such Bidder has been determined to be eligible in accordance with the provisions of clause IB.2 qualified to satisfactorily perform the Contract in accordance with the provisions of Clause IB.21.

IB.23 Owner’s Right to Accept any Bid and to Reject any or all Bids

23.1 Notwithstanding Clause IB.22, the Owner reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of Contract, without thereby incurring any liability to the affected Bidders or any obligation to inform the affected Bidders of the grounds for the Owner’s action except that the grounds for its rejection shall upon request be communicated, to any Bidder who submitted a bid, without justification of grounds. Rejection of all bids shall be notified to all Bidders promptly.

23.2 No negotiations with the Bidder having been evaluated as lowest responsive or any other Bidder shall be permitted. However, the Owner may have clarification meeting(s) to get clarify any item(s) in the bid evaluation report.

IB.24 Notification of Award

24.1 Prior to expiration of the period of bid validity prescribed by the Owner, the Owner will notify the successful Bidder in writing (“Letter of Acceptance”) that his bid has been accepted. This letter shall name the sum which the Owner will pay the Contractor in consideration of the execution and completion of the Works/Services by the Contractor as prescribed by the Contract (hereinafter and in the Conditions of Contract called the “Contract Price”).

24.2 The Letter of Acceptance and its acceptance by the Bidder will constitute the formation of the Contract, binding the Owner and the Bidder till signing of the formal Contract Agreement.

IB.25 Signing of Contract Agreement

25.1 The formal Agreement between the Owner and the successful Bidder shall be executed within fourteen (07) days of the receipt of such Form of Contract Agreement by the successful Bidder from the Owner.

G . A D DI T I O NA L I NS T RUC T I O N S

IB.26 Instructions not Part of Contract:

26.1 Bids shall be prepared and submitted in accordance with these Instructions which are provided to assist Bidders in preparing their bids, and do not constitute part of the Bid or the Contract Documents.

IB.27 Sufficiency of Bid:

27.1 Each Bidder shall satisfy himself before Bidding as to the correctness and sufficiency of his Bid and of the rates and prices entered in the financial proposal. Except insofar as it is otherwise expressly provided in the Contract, the rates and prices entered in the financial proposal shall cover all his obligations under the Contract and all matters and things necessary for the proper completion of the Works/Services.

IB.28 One Bid per Bidder:

28.1 Each Bidder shall submit only one bid either by himself, or as a partner in a joint venture. A Bidder who submits or participates in more than one bid will be disqualified and bids submitted by him shall not be considered for evaluation and award.

IB.29 Bidder to Inform Himself

29.1 The Bidder is advised to obtain for himself at his own cost and responsibility all information that may be necessary for preparing the bid and entering into a Contract for execution of the Works/Services. This shall include but not being limited to the following:

(a) Inquiries on Pakistani Income Tax/Sales Tax to the Commissioner of the Income Tax and Sales Tax, Pakistan.

(b) Inquiries on customs duties and other import taxes, to the concerned authorities of Customs and Excise Department.

IB.30 Pre-Bid Meeting

A Pre-Bid meeting shall be held on April 10, 2014 at 1100 hours in the office of PRIMACO, EOBI House, G-10/4, Mauve Area, Islamabad.

IB .31Clientwill select a Consultancy Firm / JV’s among the three top ranking

consultants selected on the basis of evaluation of submitted Technical Proposals

for consultancy services.

a) Consulting Firms are invited to submit both “Technical Proposal” and Financial

Proposal” for Consultancy Services required for the assignment in separate double

sealed envelopes. The Proposal will form the basis for contract negotiations and

award of the contract to the selected firm.

b) The assignment shall be implemented in accordance with the logical sequence of

the work / consultancy services.

c) The Consulting Firm shall familiarize themselves with local conditions and take

them into account in preparing the proposals. To obtain first hand information on

the assignment and on the local site conditions the Firms are encouraged to visit

the site as well as office of the Client who will assist them in obtaining

information needed to carry out the services and make available relevant project

data and report.

d) The cost of preparing the proposals and negotiating the contract including any

visit to the office of the Client or site are not reimbursable

e) Consulting Firms or any of their affiliates shall not be hired for any assignments,

which, by its nature may be conflicting with another assignment of the firm.

f) The Consulting Firm shall observe the highest standard of ethics during the

selection and execution of such contracts in pursuance of the policy where

i. Corrupt practice means offering, giving, receiving or soliciting of

anything of value of influence the action of a public official in the

selection process or in contract execution and fraudulent practice or

misrepresentation of facts in order to influence selection process of the

execution of contract to the detriment of the Client which includes

collusive practices among firms (prior to or after submission of proposals)

design to establish prices at artificial, non-competitive levels and to

deprive the executing agency of the benefits of free and open competition.

ii. Client will reject proposal for award if it determines fast the firm

recommended for award has engaged in corrupt or fraudulent activities in

completing for the contract in question.

iii. The firm will be declared ineligible either indefinitely or for stated period

of time, to be awarded a contract if it any time determines that the firm

has engaged in corrupt or fraudulent practices in completing for or in

executing the contract.

iv. Client will reject proposal of award if extra ordinary high man-month

rates, not compatible with the existing market rates, are quoted by the

consulting firm

v. Client reserves the right to acquire that in the contract provision be

included requiring Consulting Firms to permit the ADG to inspect

their accounts and records relating to the performance of the

contract.

vi. The “Integrity Pact” has to be signed by the Firm / Consortium at

the time of submitting Technical / Financial Proposal for the

invited Consultancy Services which will form pact of the contract.

vii. In case of default by the Consulting firm causing any delay in the project

implementation no cost escalation will be allowed under any

circumstance.

g) The Consulting Firm shall furnish information as required through Technical and

Financial Proposal for the Project.

IB .32 DOCUMENTS COMPRISING THE PROPOSAL

a) The Consulting Firms may request for clarifications of any documents up to at

least 10 (TEN days) before proposal submission date. Any request for

clarifications must be sent in writing by paper mail, facsimile to the Department

on the indicated address. The Department will respond to all such firms who

intend to submit proposals for Consultancy Services.

b) Department may for any reason whatsoever at its own initiative or in response to

the clarifications by the prospective firm may modify the documents by

amendments at any time before the submission of proposals. The amendment will

be sent in writing by paper mail, e-mail, cable, telex facsimile to the firms and will

be binding upon them. The Department may at its own discretion extend the

deadline for the submission of the Proposals.

IB 33. ACKNOWLEDGEMENT OF LETTER OF INTENT OF

PROPOSAL

a) The consultant should immediately after the receipt of this letter of invitation of

proposal should confirm by Letter / Fax to Department by acknowledgment of

receipt of this letter.

IB 34.CONSULTANT’S ASSOCIATES:

a) The consultants associated with any manufacturing or construction firms relating

to the Consultant’s assignment will not be eligible to participate.

IB 35.CONSULTANTS TO INSPECT SITE:

a) The Consultants as well as their Associates are suggested to satisfy themselves

with the local conditions and the work and should preferably pay a visit to the site

at their own expenses to appraise themselves with the conditions of work and get

further information, if required.

b) As evaluation of proposals will be undertaken on the assumption that

familiarization of site and project has been undertaken and that local conditions

are fully reflected in the proposal.

IB 36.NO CLAIM FOR EXTRA:

a) Any claim for extras for variation from the price resulting from incomplete

inspection of the site before submission of the proposal will not be entertained.

The consultants should study the conditions thoroughly and make allowance in the

price offered for the proposal.

IB 37.LOCAL LAWS, RULES & REGULATIONS

a) The Consultants should appraise themselves with the local laws, rules and

regulations, which are relevant to the proposed consultancy, contract particularly

the contract Act. Etc.

IB 38. INFORMATION REQUIRED:

a) The consultant shall furnish all information required under each head. Incomplete

or nil information may render the proposal able to be rejected. Statements must

be completed with all details and all signatures and other documents must be

properly executed.

IB 39.EXAMINATION OF PROJECT DOCUMENTS

a) The consultant shall examine all Project Documents and shall certify that they

have received and read all the Documents. Thus it shall be the responsibility of

the Consultant to request to Department for copies of any listed document that are

missing and failure to do so will at the Consultant risk.

IB 40.CERTIFICATE OF REGISTRATION

a) Local (Pakistani) consultants shall submit attested copy of the Certificate of

Registration in duplicate. The original Certificate of Registration shall be

produced whenever called for and will be returned. In case of unregistered

partnership firms, special Power of Attorney signed by all other partners

authorizing one partner duly attested by a Magistrate on stamp paper shall be

enclosed.

b) Corporation or limited company shall indicate their Registration number and name

of personal and his designation that is authorized to sign documents on behalf of

Corporation or limited Company. In the absence of above documents the

Department reserves the right to reject the Proposal.

IB 41.PRICE:

a) The consultants shall base their cost of Consultancy exclusively on the basis of

Terms of Reference of Assignment (Section-V). The price shall be deemed to

cover all obligations set-out in the Project Document, including all necessary

professional, technical, administration and supporting staff with logistics such as

transportation, office space and equipment etc. and all matters and things

necessary for execution of the proposed Contract Agreement including all

incidental items, i.e. surveys, preparation of drawings, charts, Fortnightly

meetings / monthly meetings at PRIMACO Office or Site Office, testing,

computer services, vehicles and reproduction facilities etc. the consultants shall

quote for full assignment and the price offered shall be complete in all respect and

shall be firm and final.

IB 42.LEVY OF TAXES AND DUTIES:

a) The firms and their persons will not be tax-free and the prevailing rules and

regulations of the country for levy of taxes etc, will apply. However more

information in this regard may be obtained from Director, Land Customs and

income Tax Department, Government of Pakistan and any other agencies. Thus

for this reason it is advisable that the consultant should include a reasonable

amount in their proposal to over taxes etc.

IB 43.WORKS SCHEDULE:

a) Consultants are required to submit Work Schedule for detailed scrutiny along with

the proposal to assist Employer for the Deliverables & Corresponding Activities

within reasonable time to Complete these deliverables / Activities.

IB 44.SIGNATURE ON PROPOSAL:

a) The proposal must include full name and business address of the Consultants and

must be signed by duly authorized persons whose titles shall be stated in the

proper spaces provided for this purpose in the proposal forms. The name of each

person signing shall be given and the proposal shall be signed with the partnership

name by an active partner and in such case a certification authorizing to submit

proposal and execute the contract on behalf of all partners should be enclosed. If

the Consultant is a corporation, the name of corporation and the name of titles of

all officers of the corporation shall be given. The company seal shall be affixed to

the signature on the proposal and satisfactory evidence shall be furnished with the

Proposal of the authority of the person signing on behalf of the corporation. The

signing of the proposal forms guarantee the accuracy of all statements and of all

answers to questions made therein.

IB 45.PERSONS OF THE CONSULTANTS TO BE CONTACTED:

a) The consultants should give the name, position and address and telephone number

of the person or persons who may be contacted for further details required in

respect of technical and financial proposals.

IB 46.WITHDRAWAL OF PROPOSAL:

a) Consultant may withdraw their proposal by written notice to the office designated

for receipt of proposal provided that withdrawal is received prior to the dead line

hour and the date specified for receipt of proposal.

IB 47.DISQUALIFICATION OF CONSULTANT:

(A) CAUSE FOR AUTOMATIC DISQUALIFICATION:

The following circumstance will result in automatic disqualification of

consultant. The decision of Department will be final.

Failure to submit the proposal before the designated closing date and time

for the receipt of proposal.

Any of the following circumstances may result in disqualification if the

Department decides that sufficient reason for disqualification has been

caused, and the decision of Client will be final.

(i) Failure to complete in a satisfactory way all requirements of the

proposal documents.

(ii) Failure to sign the proposal forms by authorized representatives of

the firms.

(iii) Erasures on the proposal forms which have not been properly

initiated and or overwriting of any word or figure in the proposal.

(iv) Attachment to or inclusion in the proposal of any qualifying

conditions not authorized by the Department.

(v) If associated firm involves in other joint ventures with other

consultants for the same assignment.

(vi) If consultants are not registered with the Pakistan Engineering

council and Pakistan Council of Architect and Town Planner.

IB 48.FURTHER INFORMATION, IF REQUIRED:

a) The consultants may also be required to submit further information on financial

position and other information etc. if necessary, during negotiations for the

contract. All correspondence will be addressed to principal firm.

b) The Client will be at liberty to make reference to any Government, Semi-

Government agency, authority, corporation, public, official, consultant, planner,

engineer, architect, surveyor, banker, manufacturer, supplier etc., for further

information or to verify the particulars of the proposal.

IB 49.DOCUMENTS NOT TO BE RETURNED:

a) The proposal Documents submitted by prospective consultants in connection with

the proposal will be treated as confidential and will not be returned.

IB 50.CONSULTANTS OFFICE:

a) After signing the contract Agreement and receipt of letter of Award the successful

consultants will be required to establish full-fledged office fully equipped with

men and supporting facilities for execution of the assignment through the General

Contractor, if procured. All work relating to the schemes and study both by local

and expatriate Consultants e.g. Marketing Research, Coordination, Design of

Marketing Campaigns for Electronic Media and Print media, Operations of Sales

Office, management of sales and transfer of plots, issue of transfer and possession

letters, arrangement of possession of plots, collection of sales finance for EOBI

and formulation of marketing & Sales Policies etc. shall be done in Office and

however, printing can be done aboard. The consultants will allow access to the

staff and Officials of PRIMACO and for examination and review of work at all

times during the currency of the project.

IB 51.The Data Sheet indicates how long Consultants’ Proposals must remain valid after

the submission date PROPOSAL VALIDITY

a) . During this period, Consultants shall maintain the availability of

Professional staff nominated in the Proposal. The Client will make its best

effort to complete negotiations within this period. Should the need arise;

however, the Client may request Consultants to extend the validity period

of their proposals. Consultants who agree to such extension shall confirm

that they maintain the availability of the Professional staff nominated in

the Proposal, or in their confirmation of extension of validity of the

Proposal, Consultants could submit new staff in replacement, which would

be considered in the final evaluation for contract award. Consultants who

do not agree have the right to refuse to extend the validity of their

Proposals.

IB 52. CLARIFICATION AND AMENDMENT OF RFP DOCUMENTS

a) Consultants may request a clarification of any of the RFP documents up to

the number of days indicated in the Data Sheet before the proposal

submission date. Any request for clarification must be sent in writing, or

by standard electronic means to the Client’s address indicated in the Data

Sheet. The Client will respond in writing, or by standard electronic means

and will send written copies of the response (including an explanation of

the query but without identifying the source of inquiry) to all Consultants.

b) At any time before the submission of Proposals, the Client may amend the

RFP by issuing an addendum in writing or by standard electronic means.

The addendum shall be sent to all Consultants and will be binding on

them. Consultants shall acknowledge receipt of all amendments. To give

Consultants reasonable time in which to take an amendment into account

in their Proposals the Client may, if the amendment is substantial, extend

the deadline for the submission of Proposals.

IB 53.PREPARATION OF PROPOSALS

a. The Proposal, as well as all related correspondence exchanged by the

Consultants and the Client, shall be written in the language (s) specified in

the Data Sheet.

b. In preparing their Proposal, Consultants are expected to examine in detail

the documents comprising the RFP. Material deficiencies in providing the

information requested may result in rejection of a Proposal.

c. While preparing the Technical Proposal, Consultants must give particular

attention to the following:

i. If a Consultant considers that it may enhance its expertise for the

assignment by associating with other Consultants in a joint venture or

sub-consultancy, it may associate with either other Consultants. The

main/primary Consultant must first obtain the approval of the Client if

it wishes to enter into a joint venture with other Consultant(s). After

entering joint venture, all partners shall be jointly and severally liable

and shall indicate who will act as the leader of the joint venture.

ii. The estimated number of Professional staff-months or the budget for

executing the assignment shall be shown in the Data Sheet, but not

both. However, the Proposal shall be based on the number of

Professional staff-months or budget estimated by the Consultants.

iii. Alternative professional staff shall not be proposed, and only one

curriculum vitae (CV) may be submitted for each position.

a) IB 54. LANGUAGE Documents to be issued by the Consultants as part of

this assignment must be in the English.

IB 55.TECHNICAL PROPOSAL FORMAT AND CONTENT

1. The Data Sheet indicates the format of the Technical Proposal to be

submitted. Submission of the wrong type of Technical Proposal will result

in the Proposal being deemed non-responsive. The Technical Proposal

shall provide the information indicated in the following paras from (a) to

(g) using the attached Standard Forms.

a) A brief description of the Consultants’ organization and an outline of

recent experience of the Consultants and, in the case of joint venture,

for each partner, on assignments of a similar nature is required in Form

TECH-2 of Section 3. For each assignment, the outline should indicate

the names of Sub-Consultants/ Professional staff who participated,

duration of the assignment, contract amount, and Consultant’s

involvement. Information should be provided only for those

assignments for which the Consultant was legally contracted by the

Client as a corporation or as one of the major firms within a joint

venture. Assignments completed by individual Professional staff

working privately or through other consulting firms cannot be claimed

as the experience of the Consultant, or that of the Consultant’s

associates, but can be claimed by the Professional staff themselves in

their CVs. Consultants should be prepared to substantiate the claimed

experience if so requested by the Client.

b) Comments and suggestions on the Terms of Reference including

workable suggestions that could improve the quality/ effectiveness of

the assignment; and on requirements for counterpart staff and facilities

including: administrative support, office space, local transportation,

equipment, data, etc. to be provided by the Client (Form TECH-3 of

Section 3).

c) A description of the approach, methodology and work plan for

performing the assignment covering the following subjects: technical

approach and methodology, work plan, and organization and staffing

schedule. Guidance on the content of this section of the Technical

Proposals is provided under Form TECH-4 of Section 3. The work

plan should be consistent with the Work Schedule (Form TECH-8 of

Section 3) which will show in the form of a bar chart the timing

proposed for each activity.

d) The list of the proposed Professional staff team by area of expertise,

the position that would be assigned to each staff team member, and

their tasks (Form TECH-5 of Section 3).

e) Estimates of the staff input (staff-months of foreign and local

professionals) needed to carry out the assignment (Form TECH-7 of

Section 3). The staff-months input should be indicated separately for

home office and field activities, and for foreign and local Professional

staff.

f) CVs of the Professional staff signed by the staff themselves or by the

authorized representative of the Professional Staff (Form TECH-6 of

Section 3).

g) A detailed description of the proposed methodology and staffing for

training, if the Data Sheet specifies training as a specific component of

the assignment.

2. The Technical Proposal shall not include any financial information. A

Technical Proposal containing financial information may be declared non

responsive.

IB 56.FINANCIAL PROPOSALS

a. The Financial Proposal shall be prepared using the attached Standard

Forms (Section 4). It shall list all costs associated with the assignment,

including (a) remuneration for staff (foreign and local, in the field and at

the Consultants’ home office), and (b) reimbursable expenses indicated in

the Data Sheet. If appropriate, these costs should be broken down by

activity and, if appropriate, into foreign and local expenditures. All

activities and items described in the Technical Proposal must be priced

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

priced, shall be assumed to be included in the prices of other activities or

items.

b. Commissions and gratuities, if any, paid or to be paid by Consultants and

related to the assignment will be listed in the Financial Proposal Form

FIN-1 of Section 4.

IB 57.SUBMISSION, RECEIPT AND OPENING OF PROPOSALS

a) Submission letters for both Technical and Financial Proposals should

respectively be in the format of TECH-1 of Section 3, and FIN-1 of

Section 4.

b) An authorized representative of the Consultants shall initial all pages of

the original Technical and Financial Proposals. The authorization shall be

in the form of a written power of attorney accompanying the Proposal or in

any other form demonstrating that the representative has been dully

authorized to sign. The signed Technical and Financial Proposals shall be

marked “Original”.

c) The Technical Proposal shall be marked “Original” or “Copy” as

appropriate. The Technical Proposals shall be sent to the addresses

mentioned on the data sheet and in the number of copies again indicated in

the Data Sheet. All required copies of the Technical Proposal are to be

made from the original. If there are discrepancies between the original and

the copies of the Technical Proposal, the original governs.

d) The original and all copies of the Technical Proposal shall be placed in a

sealed envelope clearly marked “Technical Proposal” Similarly, the

original Financial Proposal (if required under the selection method

indicated in the Data Sheet) shall be placed in a sealed envelope clearly

marked “Financial Proposal” followed by the name of the assignment, and

with a warning “Do Not Open With The Technical Proposal.” The

envelopes containing the Technical and Financial Proposals shall be

placed into an outer envelope and sealed. This outer envelope shall bear

the submission address and title of the assignment, and be clearly marked

“Do Not Open, Except in Presence of the Official Appointed, before

[insert the time and date of the submission deadline indicated in the Data

Sheet]”. The Client shall not be responsible for misplacement, losing or

premature opening if the outer envelope is not sealed and/or marked as

stipulated. This circumstance may be case for Proposal rejection. If the

Financial Proposal is not submitted in a separate sealed envelope duly

marked as indicated above, this will constitute grounds for declaring the

Proposal non-responsive.

e) The Proposals must be sent to the address/addresses indicated in the Data

Sheet and received by the Client no later than the time and the date

indicated in the Data Sheet, or any extension in this date granted thereafter.

Any proposal received by the Client after the deadline for submission shall

be returned unopened.

f) The Client shall open the Technical Proposal immediately after the

deadline for their submission. The envelopes with the Financial Proposal

shall remain sealed and securely stored.

IB 58.PROPOSAL PRESENTATION

a) The Consultants are required to present their technical proposal to

Client’smanagement/authorised committee through a presentation on

multimedia at the address given in the data sheet. The date of this will be

communicated to each consultant separately.

IB 59.PROPOSAL EVALUATION

a) From the time the Proposals are opened to the time the Contract is

awarded, the Consultants should not contact the Client on any matter

related to its Technical and/or Financial Proposal. Any effort by

Consultants to influence the Client in the examination, evaluation, ranking

of Proposals, and recommendation for award of Contract may result in the

rejection of the Consultants’ Proposal.

IB 60.EVALUATION OF TECHNICAL PROPOSALS

a) The evaluation committee shall evaluate the Technical Proposals on the

basis of their responsiveness to the Terms of Reference, applying the

evaluation criteria, sub criteria, and point system specified in the Data

Sheet. Each responsive Proposal will be given a technical score (St). A

Proposal shall be rejected at this stage if it does not respond to important

aspects of the RFP, and particularly the Terms of Reference or if it fails to

achieve the minimum technical score indicated in the Data Sheet.

IB 61.PUBLIC OPENING AND EVALUATION OF FINANCIAL

PROPOSALS

a) (QUALITY & COST BASED SELECTIONS - QCBS) After the technical

evaluation is completed the Client shall inform the Consultants who have

submitted proposals the technical scores obtained by their Technical

Proposals, and shall notify those Consultants whose Proposals did not

meet the minimum qualifying mark or were considered non responsive to

the RFP and TOR, that their Financial Proposals will be returned unopened

after completing the selection process. The Client shall simultaneously

notify in writing Consultants that have secured the minimum qualifying

mark, the date, time and location for opening the Financial Proposals. The

opening date should allow Consultants sufficient time to make

arrangements for attending the opening. Consultants’ attendance at the

opening of Financial Proposals is optional.

b) Financial Proposals shall be opened publicly in the presence of the

Consultants’ representatives who choose to attend. The name of the

Consultants and the technical scores of the Consultants shall be read aloud.

The Financial Proposal of the Consultants who met the minimum

qualifying mark will then be inspected to confirm that they have remained

sealed and unopened. These Financial Proposals shall be then opened, and

the total prices read aloud and recorded. Copy of the record shall be sent to

all Consultants.

c) 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 formers will

prevail. In addition to the above corrections, activities and items described

in the Technical Proposal but not priced, shall be assumed to be included

in the prices of other activities or items. In case an activity or line item is

quantified in the Financial Proposal differently from the Technical

Proposal, no corrections are applied to the Financial Proposal in this

respect.

d) The lowest evaluated Financial Proposal (Fm) will be given the maximum

financial score (Sf) of 100 points. The financial scores (Sf) of the other

Financial Proposals will be computed as indicated in the Data Sheet.

Proposals will be ranked according to their combined technical (St) and

financial (Sf) scores using the weights (T = the weight given to the

Technical Proposal; P = the weight given to the Financial Proposal; T + P

= 1) indicated in the Data Sheet: S = St x T% + Sf x P%. The firm

achieving the highest combined technical and financial score will be

invited for negotiations.

1.

IB 62.NEGOTIATIONS

a. Negotiations will be held at the date and address indicated in the Data

Sheet. The invited Consultant will, as a pre-requisite for attendance at the

negotiations, confirm availability of all Professional staff. Failure in

satisfying such requirements may result in the Client proceeding to

negotiate with the next-ranked Consultant. Representatives conducting

negotiations on behalf of the Consultant must have written authority to

negotiate and conclude a Contract.

IB 63.TECHNICAL NEGOTIATIONS

a. Negotiations will include a discussion of the Technical Proposal, the

proposed technical approach and methodology, work plan, and

organization and staffing, and any suggestions made by the Consultant to

improve the Terms of Reference. The Client and the Consultants will

finalize the Terms of Reference, staffing schedule, work schedule,

logistics, and reporting. These documents will then be incorporated in the

Contract as “Description of Services”. Special attention will be paid to

clearly defining the inputs and facilities required from the Client to ensure

satisfactory implementation of the assignment. The Client shall prepare

minutes of negotiations which will be signed by the Client and the

Consultant.

IB 64.AVAILABILITY OF PROFESSIONAL STAFF/EXPERTS

a) Having selected the Consultant on the basis of, among other things, an

evaluation of proposed Professional staff, the Client expects to negotiate a

Contract on the basis of the Professional staff named in the Proposal.

Before contract negotiations, the Client will require assurances that the

Professional staff will be actually available. The Client will not consider

substitutions during contract negotiations unless both parties agree that

undue delay in the selection process makes such substitution unavoidable

or for reasons such as death or medical incapacity. If this is not the case

and if it is established that Professional staff were offered in the proposal

without confirming their availability, the Consultant may be disqualified.

Any proposed substitute shall have equivalent or better qualifications and

experience than the original candidate and be submitted by the Consultant

within the period of time specified in the letter of invitation to negotiate.

IB 65.CONCLUSION OF THE NEGOTIATIONS

a) Negotiations will conclude with a review of the draft Contract. To

complete negotiations the Client and the Consultant will initial the agreed

Contract. If negotiations fail, the Client will invite the Consultant whose

proposal received the second highest score to negotiate a Contract.

IB 66.AWARD OF CONTRACT

a) After completing negotiations the Client shall award the Contract to the

selected Consultant, and promptly notify all Consultants who have

submitted proposals. After Contract signature, the Client shall return the

unopened Financial Proposals to the unsuccessful Consultants.

IB 67.CONFIDENTIALITY

a) 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 publication of the award of Contract. The undue use by any

Consultant of confidential information related to the process may result in

the rejection of its Proposal and may be subject to the provisions of the

Client’s antifraud and corruption policy.

GENERAL Conditions of Contract

1. DEALING OF CONSULTANT’S STAFF AND

LANGUAGE:

a) The Consultancy Contract will be interpreted in accordance with the law of

Islamic Republic of Pakistan. The language of the Contract will be English and

the Consultant’s senior staff shall speak, read and write English language fluently.

2. EMPLOYMENT OF STAFF BY CONSULTANTS:

a) The Consultants will observe the following regulations:

i. In respect of staff employed either directly or indirectly in connection with

the performance of the contract the Consultants shall pay rates / wages

paid and time worked by staff in and about execution of the Contract and

shall be bound wherever required to produce such wage book and time

sheet for the inspection of any person authorized by the Directorate of

labour, Government of Pakistan.

ii. NO labour below the age of 18 years shall be employed on the work.

iii. All persons employed on the work shall be competent to perform the

assignment, and in case of skilled trade they shall qualify to the particular

skill. The Consultants shall discharge from the work any person found

incompetent to perform the assigned work.

iv. The client shall have full powers at all time to object to the employment of

any person on the work and if the Consultants are served notice in writing

from the Engineer in-charge giving reason for, asking the removal of any

su0ch man from the work the Consultants shall comply with the order

forthwith and will discharge the person from the work, immediately and

same person shall not be re-employed without permission of client. Non-

compliance to this provision will give Engineer-in-charge in right to

suspend the work or withhold money due to the Consultants, or both, until

the person objected are removed. In case of disagreement the Consultants

has the right to represent his case to the CEO PRIMACOwhose decision

shall be final.

3. CONSULTANT’S COSTS FOR MOBILIZATION AND TEMPORARY

WORKS:

a) No additional payment shall be made to the Consultants for mobilization i.e.

travelling for arrival, transportation, light, power, equipment, furniture, office

building, sanitary conveniences, disposal work, water supply, fire protection,

guard trestles, telephone system and other temporary structure, plant and material,

health protection, watchman or guards, or any other service, things or material

unless any such item is specifically provided in the proposal documents. The cost

of all such services, facilities, things or materials necessary or required to execute

the work in accordance with the provisions of the Contract shall be considered to

have been included in the price stipulated for the proposal.

4. TRANSPORT:

a) The Consultants are to make their own arrangement wherever necessary for

transport of man, equipment and machinery to the site for survey and investigation

etc. if required. The transport facilities and to conduct all hauling operations in

accordance with the local regulations.

5. SUB-CONSULTANTS:

a) The Consultants may not assign or sublet the contract to another firm but they

may form an association with other firm to participate in the project.

b) Before entering into any sub-contract for services the consultants shall submit

names and address of such-consultants to Client for approval. The Consultants

will remain fully responsible for all work called for under this contract whether or

not the said work is sub-contracted. The consultants shall fully inform their sub-

consultants of the terms and scope of this contract and shall make available to

them all contract Documents affecting their work. Client will not communicate

directly with any sub-consultants nor make any direct payment to sub-consultants.

All communications will be between owner and original consultants.

6. INTERFERENCE:

a) All operations necessary for execution of survey and investigations and other

work are to be carried out so as not to interfere unnecessarily or improperly with

the public convenience e.g. use and occupation of public or private roads and

Footpaths and / or properties whether in possession of Client or other persons, and

the consultants shall save harmless and indemnify Client in respect of all claims,

actions or suits arising out of or in relation to any such matters.

7. OBSERVANCE OF LOCAL LAWS AND ORDINANCE:

a) The Consultants shall observe and comply with all federal Government,

Provincial government and Municipal Law, Ordinances and rules and regulations

which may in any manner effect those engaged or employed on the work to be

done or to which may in any respect Government control or otherwise effect to

conduct of such work or any part thereof and they shall protect and indemnify

Client against any claim or liability arising from or based on violation of any such

laws, ordinances and rules and regulations etc. whether by themselves of other

sub-consultants or any of their employees or agents.

8. VARIATION ORDER:

a) Work required by Client to be done by the consultants and involving changes or

variations from the original work shall be made a formal part of the Contract

Agreement by means of variation order. Each variation order shall be approved

by the competent Authority/Forum and accepted by the consultants after which it

shall become an integral part of the contract document and shall include adequate

identification of the contract, brief description of the changes statement of the

price change (if any), extension of completion time (if any) and all attachments

needed to fully explain nature of the variation and not involving cumulative

change in the total contract price.

9. LAWS GOVERNING CONTRACT:

JURISDICTION OF LOCAL COURTS:

a) The Contract Agreement shall be governed and construed according to the Laws

in force of Pakistan at the time of signing of the Contract Agreement, and the

Pakistani Courts shall have exclusive Jurisdiction to hear determine all action and

proceeding arising out of the Contract, and the Consultants will submit to

jurisdiction of the Pakistani Courts for the purpose of any such actions and

proceedings.

10. CHANGES BY CONSULTANTS:

a) All changes in work proposed by the Consultants shall be submitted for approval

to Client before commencing such work under this contract. Such submittals shall

be in writing and substantiated by drawing and all other data including all reports,

if required. Changes proposed by the Consultants will be allowed only after

receipts of Owner’s written approval in the form of variation order.

11. AUTHORIZATION OF ADDITIONAL PAYMENT OF EXTENSION OF

TIME:

a) No additional payment of extension of time due to change will be made unless

such changes including Price or time extension thereof have been authorized in

writing by Client through an applicable variation order.

12. WORK SCHEDULE & WORK PROGRESS:

a) Work Plan

(i) Immediately upon award of the contract or within (2) two weeks

after commencing work the Consultants shall prepare Work

Schedule for the approval of Client.

(ii) The Consultants shall furnish to Client with a Work Plan including

detailed information in narrative form and with bar diagrams as

applicable by contract.

b) Progress

(i) On or about the first working day of every month, the Consultants

shall furnish progress report with following information to the

owner:

(ii) Progress of activity on times achieved since the last report with

narration and charts.

(iii) Individual% ages of simultaneous elements of works, Total

progress achieved in percentage, Change in work plan, if any,

Reasons of delay, if any.

13. WORK REVIEW MEETINGS:

a) Work review meetings will be held from time to time during the currency of the

work. The meetings will be attended by seniors of the consultants and Client. The

senior staff of the Consultants shall always be available to present the work for

review and the orders and instructions given in the meetings shall be fully

complied with and the same be incorporated in the work.

14. METHOD OF PAYMENT:

a) The Consultants shall submit the bill for work done to the Client as per agreed

payment schedule. The payment shall be prepared in duplicate (02 copies) on

standard payment forms. Each copy shall be signed by the Consultant’s

authorized representative. (Project Manager of the Consultants).

b) Upon receiving the Consultant’s Payment form, the concerned Department of

Client will make necessary adjustments and certify approval of payment of the

instalment due.

c) The bills from the Consultants shall be entertained only when they are verified

and signed by the Project Manager of the Consultants.

15. EXCESS PAYMENTS:

a) Any excess payment made to the Consultants inadvertently or otherwise under

this contract or any other account whatsoever and other sum found to be due to the

consultants by the client in respect of this contract or any other contract or / any

account whatsoever may be deducted from any sum whatsoever payable by the

client to the consultants either in respect of this contract or any work order or

contract or any other account by any other department of Government and the

Consultants will refund the amount.

16. PAYMENT FOR THE ITEMS NOT INCLUDED IN THE PROPOSAL:

1. Any work required to be executed for the completion of the work and not

considered included in the proposal shall be paid through Variation order as per

the following:

a- Extra Work:

Extra work shall not vitiate the Contract. The Consultants shall be bound to

execute extra work as directed by the client. The rate of extra work to be mutually

agreed to:

b- Ancillary items:

All items of assignment required and not covered under the proposal and which

are considered ancillary to the main assignment shall be done by the Consultants.

The Consultancy Charge for the said work is paid to consultant by the client on

mutually agreed to.

17. LIQUIDATED DAMAGE AND DEFAULT:

A. DEFAULT OF CONTRACT:

I- The Owner may at any time serve written notice upon the

consultants for default of contract and intention to terminate the

contract in ten (10) days or more as decided by Client from the date

of the written notice, for any one or combination of the following

reasons:

(i) If the Consultants are adjudged as bankrupt or insolvent or

if they are financially unable in Client opinion to make

necessary payments to his creditors or Sub-Consultants / or

staff.

(ii) If the Consultants refuse or are unable in Client opinion to

supply sufficient skilled staff or suitable material and

equipment for progress of the work.

(iii) If the Consultants fail in Client opinion to show adequate

progress on the assignment in preparation to the elapsed

part of the contract time.

(iv) If the Consultants disregard laws, ordinances or the

authority of the concerned department or if they otherwise

violate any provisions of the contract Document.

(v) If the Consultants fail to complete the assignment within

the time specified or any extension thereof. The Owner

without prejudice of other rights of Client resulting from

breach of the conditions of contract agreement may give

written notice to terminate the right of the Consultants to

proceed with any or all of the remaining part of the

assignment.

II- Action in case of Default Not Removed:

(i) Notice of default of the contract Agreement shall contain

reasons for the Owner’s intention to terminate the contract

unless the Consultants within ten (10) days or more time as

allowed by the Owner after serving such notice of default

shall mention all violations and make arrangements

satisfactory to the owner for correction of all reason under

which he is in default of the contract. The owner shall have

powers to adopt the following course as may deem suited to

the best interest of Client

(ii) To rescind the contract of which rescission notice in writing

to the consultants under the hand of the CEO PRIMACO

shall be conclusive evidence.

B. CIRCUMSTANCE BEYOND CONSULTANT’S CONTROL FORCE

MAJEURE:

a) The Consultants shall not be charged with the liquidated damage when

failure of the consultants in completing the assignment was due to any

event which interfered with performance of work and which was beyond

the imagination of the consultants and could not have been foreseen,

prevented or avoided by the prudent Consultants. These include, but are

not restricted to, acts of God, acts of public enemy, curfew, fires,

earthquakes, storms, floods, epidemics, strikes, freight embargoes and

unusual severe weather.

C. RIGHT OF CLIENT:

a) The rights and remedies of Concerned Authority provided in this regard

shall not be exclusive and are in addition to other rights and remedies

provided by law or under this contract.

18. EXTENSION OF TIME FOR COMPLETION OF ASSIGNMENT:

a) In all cases where the Consultants have been unavoidably hindered all

execution of the work, reasonable extension of time for completion of the

assignment will be granted only by Client. An extension of time may also

be granted by Client because of change in the scope of work.

19. NOTICE OF DELAY:

a) Should the consultants encounter delay in performance which may be

excusable under force Major they shall, as a condition precedence to,

being relieved from liabilities for actual damages, liquidated damage and

excess costs, the consultants will notify Client in writing of the cause of

and such delay within 30 days from the beginning of the delay or within

such further period as the Concerned Authority may allow. Such notice

shall be given by the consultants regardless of whether the delay is

encountered by the Consultant or the sub-contractors. As soon as

practicable after receipt of the consultants notice of delay and Client will

ascertain the facts and the extent of delay and will extend the time for

performance when in Client judgments the facts justify such an extension.

The findings thereon shall be conclusive subject only to the Consultants

right of appeal under the arbitration provisions of the contract Agreement.

20. TERMINATION OF CONTRACT FOR CLIENT’S CONVENIENCE:

a) The Client may terminate this contract agreement whole or in part at any

time upon one month’s written notice to the Consultants.

21. SUSPENSION OR TERMINATION OF SERVICES BY THE OWNER :

a) Client may at any time suspend or terminate, in whole or in part, the

performance of services to be supplied by the consultants whenever Client

determines that such action is in the best interest of the Owner. Such right

of suspension or termination shall not be construed as denying the

Consultants, the actual, reasonable and necessary expenses resulting from

such suspension or termination of the work. In case of disagreement as to

the amount of such expenses, the issue shall be subject to arbitration.

22. ARBITRATION :

a) If any dispute arises between the Consultant and the client in connection

with this contract, the parties shall attempt in good faith to settle the same

by negotiation. Any dispute not settled by negotiation shall be submitted to

arbitration in accordance with the following:

i. PROCEDURE:

The demand for arbitration shall be in writing and shall be served

on the other party and shall specify the arbitrator chosen by the

party making the demand. Within thirty (30) days after receipt of

the demand, the other party shall appoint an arbitrator by the

written notice served on the party making the demand. The two

members of the Arbitration Committee thus appointed shall agree

upon a third member to act as the Chairman. If agreement on the

third member cannot be reached within fifteen (15) days from the

date of the appointment of the second arbitrator, the case will be

referred to the Civil Court having jurisdiction for the appointment

of the third member to act as Chairman. If the other party fails to

appoint as arbitrator within 30 days of the demand then the case

will be referred to the civil court having jurisdiction for

appointment of second arbitrator and Chairman by the Party

making the demand. Arbitration shall be conducted in Pakistan in

accordance with the Laws of Pakistan. The award of the

Arbitration Committee shall be final and binding on all parties.

Pending final decision of a dispute, the Consultant shall proceed

with the performance of the Contract or otherwise instructed by the

client. In no case shall submission of dispute of arbitration because

for delay or discontinuance of any part of the work and no payment

due or payable under the contract shall be withheld unless it is a

matter under arbitration.

ii. REMUNERATION OF ARBITRATORS:

Arbitrators shall be remunerated for their services at reasonable

rates, as quoted by each arbitrator in accordance with the laws of

Pakistan.

Each party shall be reasonable for payment of fees to the arbitrator

appointed by it. The fees of the Chairman shall be paid one-half by

each party. Other costs shall be shared by the parties as may be

determined by the arbitration Committee.

23. TAXES:

a) The Consultants and their other staff shall be subject to and required to pay

all taxes, assessments of whatever nature levied or assessed by the

Government of Pakistan or other Local Bodies or Corporation whether

collected in cash, by stamps or by other means and whether called contract

tax, corporate tax, Capital Tax, remittance Tax, Levies, Licenses or

otherwise applying to payment made under the contract to the Consultants

or to any profit derived by the Consultants as a result of the Contract.

24. INCOME TAX:

a) A deduction of Income Tax at the prevailing rates shall be made from the

gross amount of each bill.

25. WARRANTY AGAINST BENEFITS:

a. The Consultants warrant that they have not given or promised to give any

money or gift to any official or employees of Client or any Government

Instrumentality or employee thereof with the intent or objective of

securing the Contract.

b. Any violation of this warranty shall be sufficient grounds for cancellation

or revocation of the contract Agreement without any claim against the

Owner.

26. OUTPUT:

a) A comprehensive report including drawings and other relevant information

on the possible alternative solution is expected as specified in T.O.R.

27. SUBMITTAL OF REPORTS:

a) All correspondence and submittal of reports shall be in English language.

b) Each copy of report shall be identified as having received for approval of

Client being so signed, stamped and dated.

c) If a submittal is returned for correction the Consultants shall submit

corrected document in the same quantity as originally submitted except as

otherwise directed, within 14 calendar days after receipt by them of the

disapproved documents.

28. DEFECTIVE AND UNAUTHORIZED WORK:

a) All documents shall be rectified by the Consultants without extra cost in a

manner acceptable to the Owner. Any work done beyond the terms of

reference or any extra assignment done not covered in the Contract

Agreement without written authority will be considered as unauthorized

assignment and will not be paid for.

29. RIGHT TO WITHHOLD PAYMENT:

a) The owner may withhold any payment to be made hereunder to such

extent as any be reasonably necessary to protect Client from loss on

account of any failure to execute the assignment in accordance with the

work schedule / or any failure of consultants to modify and replace any

defective and non-confirming work, as required.

30. ESCALATION:

a) It must be clearly understood that no claim on account of fluctuations in

market prices in respect of material and labour of any kind will be

entertained.

31. GUARANTEES:

a) The consultants shall guarantee in writing to modify or rectify all defects

found in the report. The guarantee shall state that Consultants agree to

modify / rectify the part which proved to be defective or which failed to

meet the design requirements.

32. FINAL CERTIFICATE

a) The Agreement shall not consider complete until the Final Certificate shall

have been issued by the CEO stating that the assignment has been

completed to his satisfaction. This Certificate shall be given when all

liabilities under the Agreement have been completed by the Consultants

including review / updating of the report, if any.

33. STANDARDTOWN PLANNING REGULATIONS AND SOUND

ENGINEERING PRINCIPLES:

a) The consultants shall carryout planning of the scheme based upon the land

use planning percentages of building control and town planning

regulations latest. The consultants work shall be carried out in accordance

with sound planning and engineering principles and shall be of standard

such that the level of preparation will deemed adequate for the execution

of the project.

34. RESPONSIBILITY OF CONSULTANTS:

a) The consultant shall be responsible to for the accurate preparation and

timely delivery of the required Survey, Planning and Marketing & Sales

Strategies.

b) The consultants will provide all necessary professional, technical,

administrative and support staff including transfers of plots, arrangements

of plots & Issue of transfer and possession letter. The consultant will

obtain specific approvals of the Client for each stage of consultancy

services.

c) The consultant shall coordinate with Electric Media as well as Print Media

according to the Clients Requirements

d) Consultants shall provide Professional liability in Accordance with PPRA

rules 2010 of amount twice the remuneration of Design Cost for the Period

until one year after the expiry of Defects Liability Period or in accordance

with PPRA Rule – 2010.

35. RESPONSIBILITY OF CLIENT:

a) The Client, will provide the consultant with any data, plans, surveys,

drawing, reports or other documents that are available and relevant to the

project. It is the responsibility of the consultant to satisfy himself as to the

accuracy and validation of such information. No responsibility will be

assumed by the Client, for any errors, inaccuracies or omissions in the

Consultant’s work arising from incorrect data supplied. The Client will

respond with its comments to the Consultant’s work in a timely manner at

the end of each stage.

36. COORDINATION WITH OTHER AGENCIES:

a) The consultants will coordinate the planning and design of the project with

any government agencies or other consultants who are responsible for

planning, implementation or operation of any project, facilities or services

that may be affected by or have an impact on the proposed project. The

consultants shall also prepare plans showing all underground and overhead

services based on the information received from Client for the existing

buildings which can safely be accommodated in the overall planning of the

project.

37. ELIGIBILITY OF SUB-CONSULTANTS

a) In case a Consultant intends to associate with other Consultants or

individual expert(s), such other Consultants and/or individual expert(s)

shall be subject to the eligibility criteria set forth in the Guidelines.

DATA SHEET -

Clause

Reference No.

DESCRIPTION

Invitation to Bidders

1.IB 2.1 (a)

a. Duly licensed by respective forums.

IB.44.1

Appendix A to HForm Tech 1 to Tech 8AForm of Contract agreementFinancial Bid form along with ToR and Scope of Services

2.IB 31

Name of the Client:

Pakistan Real Estate Investment & Management Company ( Pvt ) Ltd (PRIMACO

IB 31. (a)

Method of Selection of Consultants:

Quality and Cost Based Selection

IB 31. (b)

Financial Proposal to be submitted together with Technical Proposal:

Yes No

IB 31.(b)

Name of the assignment:

Procurement of Consultancy Services Regarding Commercial Study,

Shopping Mall Industry report, its various operational, management and financial

models, preparation of Bidding documents, Concessionaire agreements.

IB 31 (v) Clause is Deleted

IB 32.(a) Documents Comprising the Proposal:

Delete 10 days and substitute with 14 DAYS .Delete “Email, Cable, Telex and Facsmile”

IB 34. (a)

Consultant’s Associates:

Delete Para and Substitute Text with “ The consultants associated with any

manufacturing relating to the Consultants assignment will not be eligible to

participate”

IB 35

Focal Person for Project Details1. Mr. Bhagwandas (Project Director for Cineplex and

Commercial Complex in i-8 Markaz) Phone # 92-51-9108251-54-55

IB 50 Consultants Office:

Delete Entire Paragraph.

IB 51 Proposal Validity:

Proposals must remain valid until120 days after the proposal submission date

IB52 Clarification and Amendment of RFP Documents:

Consulting Firms may request for any clarification of any RFP Document up to 10

(ten) days before the Proposal Submission Date.

IB 57 Submission, Receipt and Opening of Proposals:

Consultant must submit the Original and 01 Copy of the Technical Proposal, and

the original of the Financial Proposal.

IB 57 E Technical and Financial Proposal submission is to be made on address:

Chief Executive Officer – PRIMACO(Pvt.)Ltd.

2nd floor, EOBI House, Plot # 32, 33 & 34, Sector G-10/4, Mauve Area Islamabad-Pakistan

IB 57 (f) Proposals must be submitted no later than April 18, 2014 at 1500 hrs

1. Language of Request of Proposal:

Reading, Writing, Speaking and Communication Mode of Language Shall be

English

34 Delete Para a,b,c,d and substitute text with

“Consultant shall provide all the services mentioned in TOR”.

37 Eligibility of Sub – Consultants:

Delete Para and Substitute Text with

“In case a Consultant intends to associate with other Consultants or individual

expert(s), such other Consultants and/or individual expert(s) shall subject their

Credentials prior to association and shall be subject to the same eligibility criteria

set forth in the Evaluation Criteria.”

65 Proposal Presentation deleted.

Evaluation of Technical Proposals:

Criteria, sub-criteria, and point system for the evaluation of Full Technical Proposals are:

MAIN CRITERIA

2. Specific experience of the Consultants relevant to the assignment:30

3. Adequacy of the proposed methodology and work plan: 50

4. Qualification and Competence of the key professional staff 20

for the assignment:

Total Points: 100

SUB-CRITERIA

1. Specific Experience of the Consultants Relevant to the Assignment: [ 30 ]

Points

If Experience of at least 5 commercial studies done in last 3 years 30If Experience of at least 3 commercial studies in last 3 years 20If Experience of 01 commercial study in 3 years 10

2. Adequacy of the Proposed Methodology and Work Plan [50] in Responding to the Terms of Reference:

a. Quality/Details of Methodology: 55% of 50

- Proposal for conversion of Office block into commercial block and other proposal for maximum revenue generation………………………….5%

- Mall zoning 5%- Selection of brands/operational phase………………………………5% - Interior Design5%- Tenants and occupancy management5%- Operational / Facility management5%- Branding /Marketing/ Exterior Design 5%- Role of Operator/concessionaire /Technical assistance 5%- Independent operators or single operator 5%- Innovation / creative ideas for revenue generation………………….5%- Suggested revenue stream /investment options /equipment details….5%

b.Draft agreements: 15% of 50.

- Draft of Rental agreements 25%- Bidding Documents / Request for Proposals 25%- Draft of Concessionaire or Operations/Mgmt Agreement 10%- Improvement in TOR and Draft of consultancy agreement ………..40%

b. Work Programme/Work Plan: 20% of 50

- Activity Schedule for Mall Zoning, Occupancy Management, Operations Management 35%

- Team organization for all scope of services in TOR 15%- Staffing Schedule for all services as per TOR 30%- Estimate of Staff Months for entire Assignment 20%

c. Proposal Presentation: 10% of 50

- Conciseness 30%- Clarity 30%- Completeness 40%

3. Qualification and Competence of the Key Professional Staff for the [20] Assignment:

- Senior Manager- [02]

- Chartered Accountant[04]- Interior designer/architect[02]- Financial Expert [02]- Retail Consultant (with background of retail/ Mall industry) [02]- Legal Expert on contracts/ agreements[02]- Manager with operations background[02]- IT Manager[02]- Security Expert[02]

Total points for the three criteria: 100

The minimum technical score (St) required to pass is: 7 0 Points.

The formula for determining the financial scores is the following:

Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest price and F

the price of the proposal under consideration.

The weights given to the Technical Proposal (T) and Financial Proposals (P) are:

T = 0.8

P = 0.2

SECTION-III

TECHNICAL PROPOSAL - STANDARD FORMS

[Comments in brackets [ ] provide guidance to the Consultants for the preparation of their Technical Proposals; they should not appear on the Technical Proposals to be submitted.]

TECH-1 Technical Proposal Submission Form

TECH-2 Consultant’s Organization and ExperienceA Consultant’s OrganizationB Consultant’s Experience

TECH-3 Comments or Suggestions on the Terms of Reference and on Counterpart Staff and Facilities to be provided by the ClientA On the Terms of ReferenceB On the Counterpart Staff and Facilities

TECH-4 Description of the Approach, Methodology and Work Plan for Performing the Assignment

TECH-5 Team Composition and Task Assignments

TECH-6 Curriculum Vitae (CV) for Proposed Professional Staff

TECH-7 Staffing ScheduleA Operational /Financial team staffing schedule.

TECH-8 Work ScheduleA Operational/ Financial/Legal Team Schedule

FORM TECH-1

TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date]

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposal dated [Insert Date] and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal, and a Financial Proposal sealed under a separate envelope.

We are submitting our Proposal in association with: [Insert a list with full name and address of each associated Consultant]2

We hereby declare that all the information and statements made in this Proposal are true and accept that any misinterpretation contained in it may lead to our disqualification.

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

We undertake, if our Proposal is accepted, to initiate the consulting services related to the assignment not later than the date indicated in Paragraph Reference 7.2 of the Data Sheet.

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

We remain,

Yours sincerely,

Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm: Address:

FORM TECH-2

CONSULTANT’S ORGANIZATION AND EXPERIENCE

A - Consultant’s Organization

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

B - Consultant’s Experience

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

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

Country:Location within country:

Duration of assignment (months):

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

Address: Approx. value of the services provided by your firm under the contract (in Pak Rs.):

Start date (month/year):Completion date (month/year):

No. of professional staff-months provided by associated Consultants:

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

Narrative description of Project:

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

Specific Experience Relevant to the Assignment (Minimum 3 Projects):

Firm’s Name:

FORM TECH-3

COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE AND ON COUNTERPART STAFF AND FACILITIES TO BE PROVIDED BY THE CLIENT

A - On the Terms of Reference

[Present and justify here any modifications or improvement to the Terms of Reference you are proposing to improve performance in carrying out the assignment (such as deleting some activity you consider unnecessary, or adding another, or proposing a different phasing of the activities). Such suggestions should be concise and to the point, and incorporated in your Proposal.]

B - On Counterpart Staff and Facilities

[Comment here on counterpart staff and facilities to be provided by the Client].

FORM TECH-4

DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR PERFORMING THE ASSIGNMENT

(For small or very simple assignments the Client should omit the following text in Italic)

[Technical approach, methodology and work plan are key components of the Technical Proposal. You are suggested to present your Technical Proposal (20-40 pages, inclusive of charts and diagrams) divided into the following three chapters:

a) Technical Approach, Work Plan and Methodology,b) Organization Chart & Professional Affiliations

a) Technical Approach, Work Plan and Methodology. In this chapter you should explain your understanding of the objectives of the assignment, approach to the services, methodology for carrying out the activities and obtaining the expected output, and the degree of detail of such output. You should highlight the problems being addressed and their importance, and explain the technical approach you would adopt to address them. You should also explain the methodologies you propose to adopt and highlight the compatibility of those methodologies with the proposed approach. Work Plan activity of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Client), and delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing understanding of the TOR and ability to translate them into a feasible working plan. A list of the final documents, including reports, drawings, and tables to be delivered as final output, should be included here. The work plan should be consistent with the Work Schedule of Form TECH-8

b) Organization Chart & Professional Affiliations. In this chapter you should provide anagrams showing and representing different divisions of your organization. Professional Affiliation with Authorities & Organizations Nationally / Internationally.

FORM TECH-5A

RESEARCH AND CONSULTANT TEAM

COMPOSITION AND TASK ASSIGNMENTS

Professional Staff

Name of Staff Firm Area of Expertise Position Assigned Task Assigned

Section 3 – Technical Proposal – Standard Forms 1

FORM TECH-6

CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

1. Proposed Position [only one candidate shall be nominated for each position]:

2. Name of Firm [Insert name of firm proposing the staff]:

3. Name of Staff [Insert full name]:

4. Profession: 5. Years with Firm:

6. Date of Birth: 7. Nationality:

8. Education[Indicate college/university and other specialized education of staff member, giving names of institutions, degrees obtained, and dates of obtainment]:

9. Membership of Professional Associations(If Any):

10. Key Qualifications: [Give an Outline of Staff Member’s Experience and training in most pertinent to tasks on assignment, describe degree of responsibility held by staff member on relevant assignments and give dates and locations. use up to one page

11. Detailed Tasks Assigned on the Project:

12. Countries of Work Experience:[List countries where staff has worked in the last ten years]:

13. Languages: (English & Urdu) [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]:

14. Specific Experience Related to the Assignment:i. Experience

15. Employment Record[Starting with present position, list in reverse order every employment held by staff member since graduation, giving for each employment (see format here below): dates of employment, name of employing organization, positions held.]:

From [Year]: To [Year]: Employer: Positions held:

16. Certification:

Section 3 – Technical Proposal – Standard Forms 2

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

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

Full name of authorized representative:

FORMTECH-7A

CONSULTANTS TEAM STAFFING SCHEDULE1

N° Name of Staff Staff input (in the form of a bar chart)2 Total staff-month input

1 2 3 4 5 6 7 8 9 10 11 12 n Home Field3 TotalForeign

1[Home][Field]

2

3

N

SubtotalLocal

1[Home][Field]

2

N

SubtotalTotal

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

FORMTECH-8A

CONSULTANT’S TEAM WORK SCHEDULE/STAFF MONTHS

N° Activity1Months2

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

12345

N1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other benchmarks such as Client

approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately for each phase.

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

SECTION - IV

FINANCIAL PROPOSAL – STANDARD FORMS

[Comments in brackets [ ] provide guidance to the Consultants for the preparation of their Financial Proposals; they should not appear on the Financial Proposals to be submitted.]

Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal.

FIN-1 Financial Proposal Submission Form

FIN-2 Summary of Costs

FIN-3 Breakdown of Costs by Activity

FIN-4 Breakdown of Remuneration

FORM FIN-1

FINANCIAL PROPOSAL SUBMISSION FORM

[Location, Date]

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal. Our attached Financial Proposal is for the sum of [Insert amount(s) in words and figures1].

Our Financial Proposal shall be binding upon, up to expiration of the validity period of the Proposal, i.e. before the date indicated in the Data Sheet.

Commissions and gratuities paid or to be paid by us to agents relating to this Proposal and Contract execution, if we are awarded the Contract, are listed below2:

Name and Address Amount and Purpose of Commissionof Agents Currency or Gratuity

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

We remain,

Yours sincerely,

Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm: Address:

1 Amounts must coincide with the ones indicated under Total Cost of Financial proposal in Form FIN-2.2 If applicable, replace this paragraph with: “No commissions or gratuities have been or are to paid by us to

agents relating to this Proposal and Contract execution.”

FORM FIN-2A COMMERCIAL STUDY, OPERATIONS, FINANCIAL AND

MGMT MODELS,

TOTAL FINANCIAL COST AS PER TOR

LUMP SUM AMOUNT IN PAK. RUPEES

AMOUNT IN FIGURES

AMOUNT IN WORDS

MODE OF PAYMENT

UPON SUBMISSION OF DELIVERABLES 25%

ON APPROVAL OF ALL REPORTS/DELIVERABLES (EXCLUDING INTERIOR DESIGN)

50%

INTERIOR DESIGN 15%

TOP SUPERVISION OF INTERIOR DESIGN 10%

FORM FIN-3BREAKDOWN OF COSTS BY ACTIVITY1

Group of Activities (Phase):2 Description:3

Cost component

Costs

Remuneration4

Subtotals

1Form FIN-3 shall be filled at least for the whole assignment. In case some of the activities require different modes of billing and payment (e.g.: the assignment is phased, and each phase has a different payment schedule), the Consultant shall fill a separate Form FIN-3 for each group of activities.

2Names of activities (phase) should be the same as, or correspond to the ones indicated in the second column of Form TECH-8.3Short description of the activities whose cost breakdown is provided in this Form.4Remuneration must respectively coincide with relevant Total Costs indicated in Form FIN-4.

SECTION V

A. Terms of Reference (TOR)

1. INTRODUCTION

On behalf of EOBI, PRIMACO is developing a high end commercial activity centre

comprising 4 Screens- Cineplex, Play land, a shopping mall, fine dining area and office

complex in the heart of a buzzing business sector of Islamabad. It is intended for this

commercial venture to become the most attractive place to visit, entertain, relax and shop

in climate controlled, state of the art, high end centre and completely secure place to draw

maximum crowd and earn maximum revenue.

The site is in Sector I-8 Markaz Islamabad and comprises of six commercial plots of land

located in a row with a couple of two adjacent plots numbering 17 & 18, 38 & 39 and 41 &

42.

Each plot having a dimension of 80 ft x 140 ft has an area of 1244.44 sq.yds with a total

site area equal to approx 7466.64 sq.yds.The topography of the site is generally level,

utilities are available in the area with a normally a FAR (Floor Area Ratio) allow ground

plus four floors.

Project consists of Super Market, 4 Screens Cineplex, Indoor Children Play Land, Offices

and Restaurant. Each component constitute of 5 story high structure (Basement + Ground

+3 Story). Basement of Super Market, Cineplex and Indoor Children Play Land are

connected to make a Parking Area.

2. TITLE FOR REQUEST OF PROPOSAL

Procurement of Consultancy Services regarding Commercial Study, Shopping Mall

industry report, its various operational and management models for Cineplex and

Commercial Complex located on I-8, Markaz-Islamabad

3. SCOPE OF SERVICES

Study is desired to be carried out to in order to achieve the objective. As such, a TOR as

mentioned below has been developed for the study. The Consultants shall encompass all

areas that may influence meeting the objective but not limited to the following:

a) Suggest optimization of Mall Zoning etc.

b) Study and suggest Selection of brands for the clientele frequenting the area.

c) Study and suggest the Operational Phase activity.

d) Study and suggest Tenants & Occupancy Management for the facility.

e) Study and suggest Operational Management techniques/models and framing SOP.

f) Study and suggest best Facility Maintenance Management methods suitable for the

facility.

g) Study and suggest Branding & Marketing Management SOP.

h) Current or most successful methods in vogue in country and worldwide to run

/operate/manage a Mall Operation being practiced in shopping mall industry.

i) Design of SWOT analysis of Shopping Mall industry and suggest optimum model

for EOBI.

j) Provide Advisory on Independent or combined/joint Operations/Management of

entire business segments such as Cineplex,Playland, Supermarket, Fashion brands,

Food Court brands,

k) Suggest a financial model for Single Operator as well as for independent operators.

l) Study various revenue stream scenarios/options/financial models and suggest

optimum stream this venture for the Client.

m) Study and suggest conversion of Office Complex into Commercial Plaza

or mixed use development.

n) Study and suggest whether the owner should invest in Cineplex and Playland

equipment or concessionaire to be acquired who shall invest ,with investment

estimates.

o) Preparation of Draft rental agreements between EOBI and the brands/chains.

p) Preparation of Draft concessionaire/operation and management agreements.

q) Preparation of bidding documents, Request for Proposals.

r) Innovative/ creative ideas for generating Revenues.

s) Study and suggest interior design along withwith top supervision for Cineplex,

Food Court, Play land, and Supermarket.

t) Review of exterior design and galleries along withimplementation strategy and

reviewed work.

u) Submit the draft agreement to be signed for the Consultancy between PRIMACO

and the Consultant’s firm.

v) Technical assistance in procurement of operators or operating concessions( as the

case may be), floating of tenders, pre-qualification, bid evaluation and

recommendations.

4. You are hereby invited to submit Technical & Financial Proposals for consultancy

services for above assignment, based on Technical Evaluation & Financial Opening of

bids in accordance with Clause 68 – General conditions of Contract which would

form the basis for future negotiations and ultimately to a contract agreement between

your firm and the PRIMACO.

5. A Consultancy Firm / JV’s will be selected in accordance with the Procedures and the

method of selection mentioned in the Evaluation Criteria annexed in the Data Sheet of

the Consultancy Services for the aforesaid Multipurpose Cineplex and commercial

complex in I-8 Markaz-Islamabad.

6. To enable you to submit Technical & Financial Proposals, EOBI provides the

following suggested information as under:-

Section – 1 Letter of Invitation

Section – 2 General Conditions to Contract

Data Sheet

Section – 3 Technical Proposal – Standard Form

Section – 4 Financial Proposal – Standard Forms

Section – 5 Terms Of Reference (TOR)

Appendices

7. In order to familiarize yourself with the project and to assess the extent of services to

be provided by your firm, you may wish to visit the project area. However, it should

be clearly understood that any cost incurred by you for the collection of preliminary

information, preparation of the proposal(s) or the subsequently negotiations will not

be reimbursed to you.

8. In the event that you desire additional information, PRIMACO would endeavour to

provide such information expeditiously if available with them but any delay in

providing such additional information will not be considered as a reason for extending

submission date of your proposal.

9. Your detailed Technical Proposal should be submitted (original and one copy) along

with Financial Proposal (original) in separate double sealed envelope to reach the

office of PRIMACO 2nd Floor, EOBI House, Plot # 32, 33 & 34, Sector G-10/4,

Mauve Area Islamabad on April 18, 2014 until 1500 hours.

10. A proposal will be treated as non-responsive and not considered for evaluation if any

of the information requested in this letter of invitation is omitted or not complied with.

No proposals will be accepted upon expiry of deadline date and time.

11. STAFF

The Consultant’s personnel (including any replacement personnel) occupying the

following positions in the provision of that part of the Services relating to design shall

meet the criteria described below and shall subject to the prior approval of the

Employer. No such approval or otherwise shall release the Consultant from any of its

obligations or liabilities under this Agreement.

Sr # Key Professional Staff Qualification Minimum Experience1 Senior Manager MBA or Equivalent At least 15 years experience2 Chartered Accountant ACCA, ICMA At least 15 years experience3 Interior Designer/Architect Bachelors in Architecture At least 15 years experience4 Financial Expert MBA-Finance /Accounts At least 10 years experience5 Retail Consultant MBA-Marketing/Management At least 15 years experience6 Legal Expert on

Contracts/AgreementsLLB or Equivalent At least 10 years experience

7 Operations Expert MBA or Equivalent At least 15 years’ experience8 IT Expert MCS or Equivalent At least 10 years’ experience9 Security Expert Bachelors Degree or

EquivalentAt least 15 years experience or Armed Forces Background

The Consultant in their proposal has to identify the Staff deployment schedule of each

speciality which they intend to provide during the complete Phase of Project.

If, in the opinion of the Employer, operational and financial models generated are not

being met as stipulated by the Consultant is inadequate, the Consultant shall provide

such additional staff as are deemed by the Employer to be necessary at no additional

cost to the Employer.

12. DISPUTE RESOLUTION

Any dispute which cannot be amicably settled between the parties within twenty eight

(28) days after such dispute arising may be referred by either party to conciliation in

accordance with the provision set forth in the Pakistan arbitration Act 1940. The

language of the arbitration shall be English. Governing Procedural law and number of

arbitrators shall be agreed between the parties. The venue for Arbitration shall be

Islamabad, Pakistan.

APPENDICES

Appendix A: Deliverables

Appendix B: Time Schedule

Appendix C: Breakdown of Contract Price in Local Currency

Appendix D: Services & Facilities to be provided by the Client

Appendix E: List of Associate Consultants & their services

Appendix F: Agreement between Consultant & Associate Consultants

Appendix G: Integrity Pact

APPENDIX A

DELIVERABLES

The Consultant shall Prepare, Manage& Co-ordinate, for providing the following deliverables to the Employer in the number of copies specified below.

Sr #

Deliverable Scale& Size

Format RequiredNo ofCopies

(Hard + Soft)1 Mall Zoning Report Suitable Soft & Hard 3 + 22 Work Plan Report Suitable Soft & Hard 3 + 23 Selection of Brands Report Suitable Soft & Hard 3 + 24 Operational Activity Report Suitable Soft & Hard 3 + 25 Occupancy Management Report Suitable Soft & Hard 3 + 26 Facility Maintenance Management

ReportSuitable Soft & Hard 3 + 2

7 SOP of Branding & Marketing Management

Suitable Soft & Hard 3 + 2

8 Best Local Practice Mall Operation Report

Suitable Soft & Hard 3 + 2

9 SWOT Analysis and Optimum Model Report

Suitable Soft & Hard 3 + 2

10 Single Operator Financial Model Suitable Soft & Hard 3 + 211 Comparison of Various Revenue

Stream ReportSuitable Soft & Hard 3 + 2

12 Preparation of draft rental agreement between Client and Brands/Chains

Suitable Soft & Hard 3 + 2

13 Preparation of draft Concessionaire agreement/O&M Agreement

Suitable Soft & Hard 3 + 2

14 Bidding Documents for operation and management

Suitable Soft & Hard 3 + 2

15 Interior Design Report and Drawings with Top Supervision

Suitable Soft & Hard 3 + 2

16 Preparation of Innovation report/Revenue ideas

Suitable Soft & Hard 3 + 2

17 Monthly Progress Reports Suitable Soft & Hard 3 + 218 Report on conversion of Office

complex to commercial plaza or mixed use development.

Suitable Soft & Hard 3 + 2

19. List of Equipment required for Cineplex and children Play land along with detailed specifications and Engineer’s estimates.

Suitable Soft & Hard 3 + 2

20 Technical assistance in procurement of Operators report( Pre-qualification, bid evaluation etc)

Suitable Soft and Hard

3+2

21 Consultancy agreement draft report Suitable Soft and hard 3+2

22 Exterior Design report Suitable Soft and hard 3+2

APPENDIX B

TIME SCHEDULE

Effective Date of Commencement of Services:

The effective date of commencement of Services will be the date of issuance of letter of

intent to the Consultants.

Schedule of Services

The Consultant shall communicate to the Client a schedule of services for their

concurrence and the said finalized schedule shall be followed by the Consultants for

provision of Services. The Client, however, reserves the right to arrange the scheduled

tasks in such manner & in consultation with Consultants such that the deadline set for the

completion of Services are expediently met.

Duration of Consultancy Services for Operations, Financial and Management Models

The period of Consultancy services shall be up to the time till the completion of the Project.

However, the Consultants and their Associates shall make all efforts for the Successful

Completion of all deliverables required for Project Planning Phase.

The period of Consultancy services shall be for 75 calender days.

The duration for top supervision services for interior design shall be for six months.

APPENDIX C

BREAK DOWN OF CONTRACT PRICE IN LOCAL CURRENCY

1 GENERAL

1.1 ln consideration of the Consultants and their associate Consultants performing the

Services, the Client shall pay to the Consultants remuneration calculated and payable

in accordance with Clauses 2 to 5 inclusive below.

2 LUMP SUM FEES

2.1 The Consultants’ and their associate Consultants’ fees (inclusive of all relevant taxes

applicable in doing business in the Islamic Republic of Pakistan) for the performance

of the whole of the Services on a fixed price lump sum fee basis in Pakistani Rupees

(PKR) for:

APPENDIX D

SERVICES AND FACILITIES TO BE PROVIDED BY THE CLIENT

1. Temporary weather proof / air conditioned, lockable site office fully serviced with

furniture, power, lighting, fax (on separate lines), voltage stabilizer, water,

sewerage and waste disposal facilities of suitable size will be provided by the

Client at site to the Consultant. All utility charges for the site office will also be

borne by the Client.

APPENDIX E

LIST OF ASSOCIATES CONSULTANT AND THEIR SERVICES

APPENDIX F

AGREEMENT BETWEEN CONSULTANT & ASSOCIATE CONSULTANT

APPENDIX GINTEGRITY PACT

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.

PAYABLE BY THE SUPPLIERS OF GOODS, SERVICES & WORKS IN

CONTRACTS WORTH RS. 10.00 MILLION OR MORE

Contract No.________________ Dated __________________

Contract Value: _____________

Contract Title: ______________

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

obtained or induced the procurement of any contract, right, interest, privilege or

other obligation or benefit from Government of Pakistan (GoP) or any

administrative subdivision or agency thereof or any other entity owned or

controlled by GoP through any corrupt business practice.

Without limiting the generality of the foregoing, [name of Supplier] represents

and warrants that it has fully declared the brokerage, commission, fees etc. paid or

payable to anyone and not given or agreed to give and shall not give or agree to

give to anyone within or outside Pakistan either directly or indirectly through any

natural or juridical person, including its affiliate, agent, associate, broker,

consultant, director, promoter, shareholder, sponsor or subsidiary, any

commission, gratification, bribe, finder’s fee or kickback, whether described as

consultation fee or otherwise, with the object of obtaining or inducing the

procurement of a contract, right, interest, privilege or other obligation or benefit in

whatsoever form from GoP, except that which has been expressly declared

pursuant hereto.

[name of Supplier] certifies that it has made and will make full disclosure of all

agreements and arrangements with all persons in respect of or related to the

transaction with GoP and has not taken any action or will not take any action to

circumvent the above declaration, representation or warranty.

[Name of Supplier] accepts full responsibility and strict liability for making any

false declaration, not making full disclosure, misrepresenting facts or taking any

action likely to defeat the purpose of this declaration, representation and warranty.

It agrees that any contract, right, interest, privilege or other obligation or benefit

obtained or procured as aforesaid shall, without prejudice to any other rights and

remedies available to GoP under any law, contract or other instrument, be voidable

at the option of GoP.

Notwithstanding any rights and remedies exercised by GoP in this regard, [name of

Supplier] agrees to indemnify GoP for any loss or damage incurred by it on

account of its corrupt business practices and further pay compensation to GoP in an

amount equivalent to ten time the sum of any commission, gratification, bribe,

finder’s fee or kickback given by [name of Supplier] as aforesaid for the purpose of

obtaining or inducing the procurement of any contract, right, interest, privilege or

other obligation or benefit in whatsoever form from GoP.

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

Signature: …………………… Signature: …………………………

[Seal] [Seal]

APPENDIX HCONTRACT AGREEMENT

This CONTRACT (hereinafter called the Contract) is made on the ___ day of the month of ________, at Lahore, between, on the one hand, EMPLOYEES OLD – AGE BENEFITS INSTITUTION (EOBI) having their Regional Office at _____________________________________________________, through their authorized agent PAKISTAN REAL ESTATE INVESTMENTS & MANAGEMENT COMPANY (PVT) Ltd (PRIMACO) represented by Chief Executive Officer, (hereinafter called the "Client" which expression shall include the successors, legal representatives and permitted assigns) and on the other hand, ________________________________, having their branch office at ______________________________________, representing team of Consultants as defined inGeneral Provisions with all their legal assignees (hereinafter called the "Consultants" which expression shall include the successors, legal representatives and permitted assigns).

WHEREAS

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

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

NOW THEREFORE the parties hereby agree as follows:

1. The following documents attached hereto shall also be deemed to form an integral part of this Contract:

(a) Letter of Intent No. _________________________________dt.______________ to the Consultants

(b) Section 1A – Information to Firms/ Terms of Reference of Request for Proposal

(c) The General Conditions of Contract

(d) The following Appendices:

Appendix A: DeliverablesAppendix B: Time ScheduleAppendix C: Breakdown of Contract Price in Local CurrencyAppendix D: Services & Facilities to be provided by the Client

Appendix E: List of Associate Consultants & their servicesAppendix F: Agreement between Consultant & Associate ConsultantsAppendix G: Integrity Pact

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

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

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

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

For & on Behalf of Client’s Name:

Witness: Client’s Name: _______________________

Sign:_________________ Sign:_______________________

Name:________________ Name:_______________________

Title:_________________ Title:________________________(SEAL)

For & on Behalf of Consultant’s Name:

Witness: Consultant’s Name:______________________

Sign:_________________ Sign:_______________________

Name:________________ Name:_______________________

Title:_________________ Title:________________________