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RFP - BESS - 619dd2596b9b9
RFP - BESS - 619dd2596b9b9
LIMITED
NOVEMBER, 2021
CONTENTS
A. Letter of Invitation
B. Annexures
C. Exhibits
Letter of Invitation
M/s _______________
II INTRODUCTION
• Now NTDC invites proposal to provide the consultancy services from local
consultant firms/JV meeting PEC Standard Guidelines criteria for above works.
IV SUBMISSION OF PROPOSAL
The Proposal shall be valid for a period of 120 days after the last date of submission,
extendable further on the expiry of this period through mutual agreement.
You are requested to acknowledge receipt of this letter and indicate whether or not
you intend to submit the proposal.
In the event you desire any explanation to RFP documentation, you may contact
the office of the undersigned not later than one week before submission date of the
Proposal.
1. Project
• NTDC will bear and pay all the costs of the consultant.
• Upon receiving the Proposals on scheduled date & time only Technical
Proposal shall be opened publicly by Committee in the first instance for
evaluation and Financial Proposal shall be kept sealed and unopened.
• Financial proposal of the technically qualified Consultant Firms shall be
publicly opened by Committee after receipt of Technical Evaluation Report.
5. Duty to Inform
The firms are expected to inform themselves fully of all aspects of the assignment,
required consultancy services for the Project and the local conditions before
submitting the Proposal by paying a visit to the Project site(s) and sending written
queries to NTDC.
The consulting firms will have no claim against NTDC or any of its
representatives for damages, losses, costs or expenses, of any nature whatsoever,
incurred by the firm resulting from any misunderstanding as to the nature,
Annex-1
Firms are encouraged to submit their respective Proposals after visiting the Project
site and ascertaining for themselves the site conditions, traffic, location,
surroundings, climate, access to the site, availability of drawings and other data
with NTDC, applicable Laws and regulations or any other matter considered
relevant by them.
i. One original and three copies of the Technical Proposal and one original
Financial Proposal are required to be submitted. The proposal should be
in a sealed envelope indicating original or copy on each enclosure, as
appropriate.
ii. The Proposals will be valid for a period of 120 days after the last date of
submission, extendable further on the expiry of this period through
mutual agreement.
iii. The proposal, after evaluation as per criteria given hereinafter, could
eventually form the basis for a Contract between the Consultant and
NTDC.
iv. The Contract will be governed by Pakistan laws and regulations.
v. Payment of all taxes and duties in respect of Consultant and their personnel
will not be the responsibility of the Client.
7. Evaluation of Proposal
Sf = 100Fm/F
Where:
Sf = Financial score
Fm = is the lowest price
F = The price of the proposal under consideration.
The weights given to the Technical and Financial proposals as per PEC
guidelines are as under:
8. Ranking of Proposals:
ii. The applicant, whose proposal is ranked first, will be invited to negotiate
the terms of the contract to conclude a binding contract agreement. If
negotiations prove unsatisfactory, the next ranked applicant will be invited
for negotiations, and, so on, to pursue finalization of the contract award.
The representative(s) conducting negotiations on behalf of the applicants
must have written authority to negotiate and finalize the terms of the
contract.
And
information in a Proposal.
NTDC may refuse to consider, remove from the evaluation process entirely and
to reject outright any Proposal that NTDC determines is materially incomplete,
obscure or irregular, that contains exceptions or variations not acceptable to
NTDC or that omits any material information required to be submitted by this
RFP. Notwithstanding the foregoing, if a Proposal is received that, in
NTDC’s opinion, is materially incomplete, obscure or irregular, that contains
exceptions or variations not acceptable to NTDC or that omits any material
information required to be submitted by this RFP, then NTDC (taking into
account the number of compliant Proposals that were actually received) may
waive such non-conformance with the requirements of this RFP on such terms
and conditions as NTDC may consider appropriate, even if any such non-
conformance or failure to comply with the requirements of this RFP would
otherwise render such Proposal null and void.
11. Interviews
NTDC may invite any of the firms to meet with NTDC to provide further
explanation and clarification of its proposal. NTDC is not required to have such
meetings with all firms.
Activities and items described in the Technical Proposal but not priced in the
Financial Proposal, shall be assumed to be included in the prices of other
activities or items, and no corrections are made to the Financial Proposal.
13. No Collusion
By submitting a proposal, each firm on its own behalf and as authorized agent of
each firm, corporation or individual member of the firm and firm’s team,
represents, warrants and conforms to NTDC, with the knowledge and
intention that NTDC will rely on such representation, warranty and
confirmation, that its Proposal has been prepared and submitted without
collision or fraud, and in fair competition with prospective firms,
prospective firm’s teams and other firms.
14. Confidentiality
NTDC will treat all information, submitted as part of the proposal, in confidence
and will require all those who have access to such material to treat the same in
confidence. NTDC may not divulge any such information unless it is directed to
do so by any statutory entity that has the power under law to require its
disclosure or is to enforce or assert any right or privilege of statutory entity and /
or the NTDC
Each firm should review and comply with the PEC Consultant Code of Conduct.
Consultant shall not be recruited for any assignment that would be in conflict
with their prior or current obligations to other clients, or that may place them
in a position of not being able to carry out the assignment in the best interest of
the Client. Without limitation on the generality of the foregoing, Consultant, and
any of their associates shall be considered to have a conflict of interest and
shall not be recruited under any of the circumstances set of forth below:
18. Language
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Annex-2
d. 11 kV, 1600 A, 40 kA, 1 sec, Air Insulated Switchgear housed in a Container shall include
outgoing panels, incoming panels, bus section panel.
e. 11/0.4kV, 650kVA Auxiliary transformer along with main LV AC distribution board, 440V, for
the 1000A, 40kA, 1 sec, and LV distribution boards in BESS Container including cabling.
f. 110 V, 200AH DC batteries and 25A battery chargers for DC Auxiliary equipment
g. MV cables, LV cables, control cables, instrumentation and communication cables, and
associated accessories.
h. Complete earthing system inclusive of equipment earthing, cable trays, hanger supports, lighting
and lightning protection system for BESS.
B: Extension at 220/132kV Jhimpir-1 Substation.
The scope of extension at 22/132kV Jhimpir-I Substation shall be as follows:
a. One (01) 132kV bay along with one 26 MVA, 11/132 kV (with + 10% - 15% in steps of 1.25%),
power transformer (power flow in both directions) complete with on-load tap changer
b. Telecom and Protection and control system including Fault recorder and SOE Extension along
with integration to existing works.
C: Associated Works
Complete civil works associated with 20MW/20MWh BESS implementation in existing Substations,
which include but not limited to following:
a. Plot clearing, excavation, raising with approved material (backfilling, filling, compaction,
leveling, dewatering and gravelling) resulting in a homogenous station of attractive appearance
same as the entire existing substation.
b. Relocation of existing sewage pipe line and underground services, if required.
c. Demolition, rerouting of existing services and associated works in existing substations to
accommodate new BESS.
d. Construction of BESS container foundations, 132kV equipment foundations (including Gantry
and step up transformer) including erection of foundation bolts and steel mounting channels for
all the equipment in the switchyard and for indoor equipment.
e. Construction of cable trenches, draw pits and culverts in the switchyard along with hangers/cable
supports/trays inside the trenches in switchyard and 11kV Switchgear Building, existing Control
House Building.
f. Construction of drive ways, walk ways, transformer way, switch yard and BESS area fence with
gates, switchyard surface drainage system, laying of gravel in switchyard along with any other
civil work not mentioned above but deemed necessary for successful completion of switchyard
indoor/outdoor equipment.
g. Construction of 11KV Switchgear building as per design requirements complete with HVAC,
fire protection system
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Annex-2
h. Provision of complete lighting system, lightning protection and earthing System for the project
area.
i. All road/ walkways construction outside/ inside the BESS area including surface drainage.
j. Miscellaneous items and any other works which are reasonably implied or inferred.
k. Storm water drainage system and plumbing work.
l. All other requirements necessary for implementation of 20MW/20MWh Battery Energy Storage
System.
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Annex-2
(xxv) Technical descriptions:
A. Communication and Control scheme.
B. Interface with the substation.
(xxvi) All drawings related to Telecom equipment.
(xxvii) Data sheets for each proposed equipment.
(xxviii)Fabrication and assembly and construction and erection drawings of all indoor and
Outdoor equipment.
(xxix) Testing and commissioning procedures.
(xxx) Name plate drawings.
(xxxi) Instruction, operation and maintenance manuals for all equipment.
(xxxii) Project dossier including complete vendor information, and
(xxxiii)Any other document required for completion of the project.
b) Review and approval of FAT/Type Testing Protocols as per IEC Standards/ NTDC
Specifications, Contract provisions and/ or Type Test Policy, as applicable. The Review and
approval of equipment/material test plans shall be done according to NTDC Type Test
Policy and/or as per Contract Agreement with the Contractors.
c) The consultant shall submit final approved copies to Client including but not limited to
all drawings/layouts, primary engineering calculations (losses in BESS and allied
equipment, losses in substation extension part, calculations regarding heat generation and
cooling system, sag tension, bus bar sizing, conductor sizing, CT/VT sizing, earthing,
lighting and lightning calculations, battery/charger sizing etc), technical data and outline
drawings of equipment for record and future referencing.
d) All approved FAT/ type test protocols, FAT/Type Test Reports shall also be submitted by
consultant to Client for record and future referencing.
e) The Consultant shall provide approved soft (in Auto CAD & PDF) & hard copies of AC/DC
Schematic & interconnection/ interface wiring diagrams along with terminal plans & cable
schedule complete in all respect for 132 kV full bay separately that shall include but not
limited to the following;
i. Protection Panels, Bay Control Panels Plus Bay Mimic Panels, Local Control
Cubicles, Switchyard equipment etc. (i.e. CTs, PTs, Circuit Breaker, Isolator, Earth
Switch etc.).
ii. All other necessary schematic & interconnection wiring diagrams.
iii. Factory As‐Built Drawings of all above items (i, ii after attending all the discrepancies
/ shortcomings communicated by the office of C.E (P&C) NTDC during design stage
& during FAT.
iv. Final Site As‐Built drawings of all above items (i, ii, iii) after energization of Bays.
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Annex-2
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Annex-2
protection tiles and warning tape, including duct bank for road crossing.
p) All necessary provisions in context of civil works for ready connection of SCADA and
Remote control system.
q) All other requirements necessary for implementation of 20MW/20MWh Battery Energy
Storage System.
r) 0any other civil work not mentioned above but deemed necessary for successful completion
of switchyard indoor/outdoor equipment.
II Installation, Testing And Commissioning.
a) The scope of installation/erection, testing & commissioning includes but not limited to the
installation/erection complete with accessories, cable laying & terminations, connection of
these with the Plant, equipment to local control protection cubicles, interconnection, wiring,
testing and commissioning, complete in all respects, of the plant, comprising of the
following major equipment and work and all allied accessories required for complete
installation & successful operation, to be supplied above:
i. 11/132kV, 26 MVA three phase Step up Power Transformer along with all allied
equipment & accessories as specified.
ii. 145 kV SF6 power circuit breakers together with supporting structures, allied
accessories, marshaling kiosk and operating mechanisms.
iii. 145 kV disconnectors, earthing platforms together with steel supporting structure,
allied accessories operating mechanism and control cabinets.
iv. 145 kV current transformers together with supporting structures, allied accessories
and marshaling boxes.
v. 145kV voltage transformers, marshaling box along with supporting structures
vi. 120 kV surge arresters, surge counter, leakage meter along with steel supporting
structures.
vii. 145 kV post insulators together with supporting structures.
viii. Any other equipment not mentioned above but necessary for successful operation of
the Plant
ix. Assembly and erection of extension part of 132kV tubular Bus Bars work through use
of Post Insulators of suitable ratings keeping in view the electrical & mechanical
forces on Bus Bars.
x. Assembly and erection of steel gantries for 132 kV High level bus work.
xi. Erection and installation of the equipment comprising of but not limited to the
followings:-
• Overhead strain bus work and transformer take-off conductors and shield wires.
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Annex-2
• Substation underground earthing system together with earthing mats in 132kV
yard.
xii. 1 No. 11/0.415kV 200kVA auxiliary transformers, complete with accessories.
xiii. Equipment interconnection work.
xiv. AC and DC distribution panels along with all AC and DC supply schemes of the
substations for control, protection and marshalling kiosk in the switchyard.
xv. Installation and termination of Underground Power Cables (where required) along
with sealing ends and link boxes complete in all respects.
xvi. Any other works necessary for successful operation of Substation
xvii. Installation/ Erection, cable laying, wiring & termination, interconnection/ interfacing
with yard equipment, testing & commissioning as per scheme of all secondary
equipment comprising but not limited to the followings:-
• All Control Panels, Relay panels, Event/Fault Recorder panels, Local Control
cubicles, Substation Automation System along with communication interface at
bay level, interfacing with existing Bus Bar & Breaker Failur scheme, station
level & NPCC level, Monitoring & Metering System, Metering panels,
transformer auxiliary panels.
• 110 V DC batteries and 25A battery chargers to provide DC Auxiliary to BESS
equipment. 132kV bay equipment shall be supplied DC auxiliary from existing
DC auxiliary system.
• Telecom equipment.
• All other panels necessary for successful/smooth operation of the grid station
xviii. Laying and connection of all cables for A.C. and D.C. distribution systems for
auxiliaries of plant involved in the scope of work.
xix. Laying in trenches and connection of all control cables, for control and protection
systems.
xx. Necessary interconnection/ interfacing wiring of all switchyard and indoors
equipment as per specification drawings and approved protection scheme.
b) Interfacing with existing protection system including Busbar, Breaker Failure Protection
scheme, synchronizing scheme, Event Recorder and Fault Recorder system.
c) Installation of Switchyard /building lightning protection and normal/emergency lighting
system (where required).
d) Installation/ integration of Telecommunication, tele-protection, SCADA, control, protection
at grid station and allied grid stations (where required).
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Annex-2
e) Performance testing and handing over in satisfactory operating condition of all works which
include the project scope of supply for a complete functionality and reliability of
20MW/20MWh BESS.
The tasks to be performed by Consultant in relation to design review and construction supervision of
project activities mentioned above, shall be following but not limited to:
i. Designate Construction / Resident Manager who can be contacted for all matters relating to the
projects. He will maintain close liaison with Client’s Project Manager designated in specific
contract agreement(s).
ii. Establish necessary organization for the execution of the projects at site including construction
experts for civil works and electrical works.
iii. Check and review Contractor’s safety programs/PPE and monitor general conformance to the
provisions of the Contract Documents.
iv. Check/review, report and monitor schedules for material procurement and site activities including
construction activities prepared by the contractor/engineer to ensure timely completion of the
project. This shall include but not limited to constant monitoring of activities and their comparison
with base line schedule, advice to contractor to revise construction schedule by performing activities
on fast track basis or in parallel etc., whenever consultant sees delay in activities which can affect the
overall progress of the project.
v. Pre-shipment inspection/testing of material/equipment at manufacturer’s premises within and
outside the country along with NTDC representatives.
vi. Prepare and submit monthly progress reports on physical and financial progress of the project.
vii. Keep close coordination and liaison between different concerned organizations/agencies inside
NTDC during the execution of the project.
viii. Consultant shall also review the required shut down plans submitted by contractor and ensure to
get the work done in minimum number of shut downs.
ix. Supervise construction/installation work to ensure that the project is being constructed /installed
satisfactorily and in compliance with the approved drawings and specifications and within the
scheduled contract time.
x. Check construction in accordance with approved construction drawings.
xi. Check construction drawings for any alterations in the same according to the site requirement.
xii. Review and approve the revised drawings submitted by the Contractor(s).
xiii. Interpret and resolve questions arising on construction/installation drawings, electrical works,
mechanical works, civil works and other provisions of the contract documents.
xiv. Review contractor(s) safety programs and monitor general conformance to the provisions of
contract documents.
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Annex-2
xv. Check demarcation of Grid Station extension layout plan at site.
xvi. Supervise foundation construction and collection of concrete test samples during concreting and
evaluate their results according to the provisions in the contract.
xvii. Review and approval of concrete mix design submitted by contractor(s).
xviii. Supervise testing of all construction materials.
xix. Check presence of sufficient civil material at site for monthly work progress.
xx. Supervise all civil, electrical, mechanical works and testing commissioning works
xxi. Check cable laying and proper termination work for economical use of cables.
xxii. Check/identify the equipment received at site as per packing list and timely point out any
shortcoming/other need and also take measures to keep it safe.
xxiii. Check and ensure quality of work at site in accordance with drawings/specifications and stipulated
standards provided by NTDC.
xxiv. Prepare Variation order if necessitated due to site conditions and submit the same to NTDC for
approval.
xxv. Measure and determine quantities for certification of payments due to the contractor(s) in
accordance with provisions of the contract documents.
xxvi. Scrutinize contractor (s) progress, bills, claims and submit recommendations to the client. The
claims will also be checked and countersigned by client.
xxvii. Measure final quantities and prepare final statement of payments due to the contractor (s) and get it
approved from the project authority.
xxviii. Assist liaison and final settlement of the claims between the client and contractor (s) except in cases
of litigation and arbitration.
xxix. Provide relevant information to Client in respect of the defects, deficiencies and pending works for
issuance of certificate(s) of substantial completion.
xxx. Supervise testing and commissioning and issue certificate of substantial completion of works.
xxxi. Review operation and maintenance manual and as-built data drawings prepared by the
contractor(s).
xxxii. Before start of testing and commissioning, the Consultants shall check/verify the following:
a) Approval of engineers/ staff of the Contractor working on wiring/
testing/ commissioning.
b) Contractor’s installation/construction schedule.
c) Diversified team (Engineers/technicians).
d) Standard test equipment along with valid Calibration Certificates for all type of relays and
for all equipment along with any consumables.
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Annex-2
e) Testing/Commissioning protocols of complete substation.
f) Testing profile of all equipment.
g) Quality control by the Contractor i.e. internal check before actual testing/ commissioning based
on protocols and quality controls.
h) All test plans and equipment shall be vetted by the Consultant’s expert and shall submit a
certificate/report to client for review.
i) Check and ensure quality of work at site in accordance with Tender specifications/approved
drawings and stipulated standards
xxxiii. Review of Project completion report (s) prepared by contractor(s) before submission to client.
xxxiv. Check pre-commissioning test protocol and completion of pre-testing and commissioning
activities as per approved test protocols.
xxxv. Check technical staff, labor, contractor’s equipment and consumables in testing and
commissioning of given scope of work and accessories for satisfactory operation.
xxxvi. Checking of all surplus goods and materials for which the contractor has taken payment from
employer.
xxxvii. Preparation of final completion report.
xxxviii. Preparation of all reports / documents as required by the PC-IV of the project.
xxxix. Preparation of punch list of the project by also including comments of relevant client
formations. Liaison between contractors and relevant client departments for settlement of
punch list of the project in light of tender specifications and requirements. Consultant shall
approach the contractor to set right the tasks mentioned in the punch list on timely basis. The
consultant shall propose remedial actions to the client, if the punch list is not resolved in
specified time.
xl. Consultant shall assist Client in scrutinization & final decision making on contractor’s EOT
case (if required).
xli. If, for any reason, there is a change in design / construction in any item of the said Grid Station
due to inevitable field conditions, the consultant must report/comment and give
recommendations for the Project authority on Contractor’s proposal.
xlii. Seek and hand-over the Site-as-built drawings and Spare Equipment, testing & commissioning
tools to be provided by Contractor as per the contract document, within 28 days of
energization of project.
xliii. Any other services not mentioned above but deemed necessary by client for completion of work
and its successful/smooth operation of plant.
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Annex-2
B. As-built drawings of electrical and civil works, installed HV equipment and control, protection,
metering and monitoring systems of existing grid stations as needed by consultant/ contractor.
C. NTDC approved relay setting/calculations of existing grid station.
D. Management of materials and contract management including issuance of any variation order,
final completion certificate, acceptance certificate(s) etc.
E. Matters pertaining to possessing of site and Right of Ways.
F. Check/ identify the equipment received at the site as per packing list and timely point out any
shortcoming and other needs to keep it safe.
3. Special Services
If the services of the Consultants are required in connection with the Project for arbitration or
litigation between the Client and third parties or to carry out additional investigations or to make
some special studies or to carry out supervision of construction not covered above or to carry out
services after taking-over of works by the Client, such services will be considered as Special
Services and upon written authorization by the Client, the Consultants shall undertake such
services on the terms of remunerations which shall be negotiated separately.
The baseline schedule shall be prepared by consultant. A critical path schedule for the project
shall also be prepared from contract date to final completion date using Primavera P6 or any other
suitable scheduling software. The project schedule shall provide a basis for status of the work. The
said baseline schedule shall be submitted showing ‘S’ curve to NTDC duly vetted by Consultant.
Consultant shall constantly check and if whether Contractor’s activities are in line with Baseline
Schedule, in case of any delay, consultant is responsible to discuss with contractor the adjustment
of activities and their individual timelines to make up the delay. The contractor shall, in light
of such discussion, submit revised schedule which shall be vetted by consultant.
5. Reports
A tentative list of various reports the Consultants are likely to prepare is given below. Additional,
reports may have to be prepared as needed by the investor, project authorities or based on needs
• Special reports/memoranda to elicit Client’s consent/ approval on specific issues
• Minutes of Weekly/biweekly/monthly meetings held with Contractors Correction/Amendment
in Drawing submitted by Contractor
• A monthly, Quarterly and Annual Progress reports on Physical and Financial Progress of the
Project not later than ten (10) working days after the end of each period during project
execution stage. (10 Copies).
• Vetted As built Drawings
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Annex-2
• Testing & Commissioning Reports
• Responses to any technical queries during the defect liability period
• A Project completion report shall be submitted not later than forty-five days after project
completion (10 Copies).
• Any special report relevant to the Project, as requested by the Client
6. Delay
If there is any delay in Project resulting from any delay linked with activities mentioned in Terms
of Reference (TORs), the Consultant and Contractor shall be equally held responsible for the
delay in progress, if not properly reported and justified by the Contractor and duly vetted by
Consultant.
7. Completion Period
The project is required to be completed within 16 months from the date of commencement of
contract and shall have defect liability period of 24 months. The contract period of consultancy
shall be a total of 22 months, comprising of 16 months completion period of project and 6 months
(intermittent/ discontinuous) during DLP so that consultant may fulfil its obligation(s) as mentioned in
scope of project.
a) Firm/JV must have minimum 10 years of working experience on power related projects
of Grid Stations and Transmission Lines.
b) Firm/JV must have provided Consultancy Services within past 10 years (As a single entity
or JV Partner) consisting of design review and construction supervision for Substations of
220kV or higher voltage.
c) Each individual firm/JV partners must be registered with Pakistan Engineering Council
(PEC) in appropriate category at the time of submission of bid.
d) Only those consultants will be eligible to bid who are active taxpayers as per Federal Board
of Revenue Data Base I.e. Active Taxpayer List (ATL) for both income and Sales Tax and
relevant provincial revenue authorities/boards as the case may be.
e) Firm/JV must have in his employment capable key personnel of appropriate age with related
expertise and knowledge / experience on their payroll or at least have consent to be
employed for project from Key Personnel.
f) Firm/JV shall have sound financial background proportional to the magnitude of work
involved duly supported by reports on financial standing of Consultant such as balance
sheets inter alia, assets and liabilities certified by an auditor along with Auditor’s report
for the last three years.
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Annex-2
g) In case of JV, Project Manager shall be from lead firm.
i) The Consultant shall establish their project office near the Client’s office. The
Construction Manager and field engineers will maintain Field Office/Camp(s) at the
site(s).
ii) The Consultant shall make their own arrangements to furnish their offices. They shall
provide cost estimates and details of their requirement in this respect, under Direct Cost
in their proposal.
11. Transport
Consultant shall arrange the vehicles himself and the rental and running cost per month of vehicles
to be deployed at Project/Head office/site shall be paid by the NTDC at actual. Rental cost per
month for each type of vehicle shall be indicated in the direct cost.
The payment of taxes, duties, fees and other impositions as may be levied under the
applicable law, in respect of the Consultant and their personnel shall not be the responsibility of
Client.
The estimated total man-months for the Consultant are 233. The breakup of man-months allocated
for the projects is given in Part-I (Annex-3).
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Annex-2
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Annex-3
Procurement of Consultancy Services for Design Review & Construction Supervision Services for
Battery Energy Storage System (BESS) at 220/132kV Jhimpir-I Substation
Part-I
Estimated Man Months of Professionals
Sr. Position
No. Man-Months
Note:
1. The Consultant may propose their own positions and an adjustment of man-months for key
and other personnel as considered necessary by them for performance of assignment or
increase/re-adjust any key expert’s man month as considered appropriate. However, total
man months of experts should not exceed the total given above
2. All the key personnel of Consultant should be nominated by name in the proposal.
3. The key personnel must be proficient in written and spoken English.
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Annex-3
Part-II
Qualification and Experience of Consultant’s Key Personnel
Consultant will assign adequately qualified key personnel to carry out the implementation
of the Project & man-months inputs for which are indicated of this Annex. In particular,
the key personnel should possess the qualification and experience as indicated in
following.
1. Project Manager
2. Construction Manager
The proposed personnel should have a Bachelor Degree in Electrical/Mechanical/Civil
Engineering from a recognized University. The proposed personnel should have
minimum 15 years’ overall experience and at least 10 years of working in the field of
EHV Substations.
3. Design Engineer Electrical
The proposed personnel should have at least Bachelor Degree in Civil Engineering
from a recognized University with minimum 15 years’ overall experience and at least
10 years’ exposure of working in the relevant field of EHV Grid Stations.
5. BESS Expert
experience and at least 10 years’ exposure of working in the relevant field. The
proposed personnel should have expertise in designing and vetting of at least two (02)
BESS Projects.
6. Protection & Control /Secondary Design Expert
The proposed personnel should have at least Bachelor Degree in Electrical
Engineering from a recognized University with minimum 15 years’ overall
experience and at least 10 years’ exposure of working in the field of Protection for
EHV Substations. The proposed personnel should have expertise in Secondary Design
including, but not limited to, designing and vetting of Protection & Control Schemes
for Complete EHV Substations.
7. Telecom & SCADA /SAS Expert
The proposed personnel have at least Bachelor degree in Electrical/
Telecommunication Engineering from a recognized University with 15 years over all
experience and minimum 10 years of experience in relevant field of Telecom &
SCADA. Suitable Personnel should also exhibit the aforesaid experience through
supported documents of working on Telecom/SAS technology of different
manufacturers. The proposed personnel shall also have expertise in integration of all
point in the SCADA/EMS System at control centers, end-to-end testing of system
components and shall be capable to review/deal with SCADA/gateways, fiber,
measurands & status indication and firewalls.
8. Construction Supervision Engineer (Electrical)
The proposed personnel should have at least Bachelor Degree in Electrical
Engineering from a recognized University with minimum 15 years’ overall
experience and at least 10 years’ exposure of working in the relevant field of EHV
Grid Stations.
9. Construction Supervision Engineer (Civil)
The proposed personnel should have at least Bachelor Degree in Civil Engineering
from a recognized University with minimum 15 years’ overall experience and at
least 10 years’ exposure of working in the relevant field of EHV Grid Stations.
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Annex-3
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Annex-4
1. Technical proposal will be in English language and submitted with Form sample at
Appendix-A to this Annexure. It will demonstrate knowledge of the Consultant regarding
services requirements and understanding of the tasks set forth in Terms of Reference
(TOR) for Consultant (Annex-2).
i. Background and experience of the Consultant (single entity/ consortium) for the
purpose of providing the services for this assignment, including any overseas work
experience. A list of past and present references covering major assignments of similar
nature carried out, or being carried out by the Consultant as per sample at Appendix-
B to this Annexure. Separate sheets shall be used for design and work
supervision/monitoring assignments of similar nature.
ii. General approach and methodology proposed for carrying out the services including
such detailed information as deemed relevant (sample form at Appendix-C to this
Annexure)
vii. Status of registration with Pakistan Engineering Council for each consultant is a
statutory requirement of the Government of Pakistan.
Appendix-A to Annex-4
Technical Proposal Submission
[Location, Date]
To,
Sir,
We, the undersigned, offer to provide the services as Consultant in accordance with your Request
for Proposal dated [date] and our proposal. We are hereby submitting our sealed proposal
(Technical Proposal (01 original + 03 copies) and Financial Proposal (01 original) under sealed
envelopes separately).
{If the Consultant is a joint venture, insert the following: We are submitting our Proposal as a
joint venture with: {Insert a list with full name and the legal address of each member, and indicate
the lead member}.We have attached a copy {insert: “of our letter of intent to form a joint venture”
or, if a JV is already formed, “of the JV agreement”} signed by every participating member,
which details the likely legal structure of and the confirmation of joint and severable liability of
the members of the said joint venture.
{OR
{If the Consultant’s Proposal includes Sub-consultants, insert the following :} We are submitting
our Proposal with the following firms as Sub-consultants: {Insert a list with full name and address
of each Sub-consultant.}
We hereby declare that:
(a) All the information and statements made in this Proposal are true and we accept that any
misinterpretation or misrepresentation contained in this Proposal may lead to our
disqualification by NTDC.
(b) Our Proposal shall be valid and remain binding upon us for the period of 120 days after
the last date of submission, extendable further on the expiry of this period through mutual
agreement
(c) We have no conflict of interest in accordance with clause of General Information to
Consultants.
(d) We meet the eligibility requirements as stated in TOR.
(e) In competing for (and, if the award is made to us, in executing) the Contract, we
undertake to observe the laws against fraud and corruption, including bribery, in force in
Pakistan.
(f) If negotiations are held during the period of validity of the Proposal, i.e., before [date] 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 understand you are not bound to accept any Proposal you receive.
We remain,
Yours Sincerely,
Authorized Signature
Named and Title of Signatory:
Name of Firm:
Address:
Contact, Email:
{For a joint venture, either all members shall sign or only the lead member, in which
case the power of attorney to sign on behalf of all members shall be attached}
Appendix-B to Annex-4
Appendix-B1
Page 1 of 2
Consultant’s Organization
If the applicant is a Joint Venture, Partnership, Consortium or other form of collaboration, each member
of the Joint Venture, Partnership, Consortium or other form of collaboration should individually
complete and submit Forms, as appropriate.
Contact(s)
Job Title:
Address:
Telephone: Fax:
Email:
Telephone: Fax:
Email:
3. Applicant’s Organisation:
3.1) Type of organisation (e.g. private company, public company, subsidiary, partnership, Joint Venture,
consortium etc.)
3.2) Date and Country of Registration (provide for both the Applicant and the ultimate parent):
Applicant:
Ultimate Parent: _
Ultimate Parent
Date of Registration:
Registration Number:
Country of Registration:
Type of Registration (limited company partnership, etc.):
Appendix-B1
Page 2 of 2
4. Applicant’s main business activities. (Please list and provide the date of first involving in such
activity):
1. Since:
2. Since:
3. _ Since:
4. Since:
5. Since: etc.
(Please provide additional but brief details if dates or information above have been affected by company
buy-outs, amalgamations, etc.)
If the Applicant is a subsidiary, associate or affiliate, what involvement (scope), if any, will the parent or
other related companies have in the Project?
Please provide the names and addresses' of associated companies which will be involved in the Project
and the number of local and overseas professional personnel expected to be involved in the Project.
6. Please provide details of any legal, civil or contractual action outstanding or threatened claim, distress,
legal action, litigation proceeding, suit, prosecution, investigation, enquiry or arbitration which have
been made against your organization in the last 3 years.
_
Appendix-B2
Page 1 of 2
Yes/No:
If the answer is "Yes" to the above, please provide the information listed below, and the selected JV
etc. information which is requested in each of the other Forms.
Yes/No:
If the answer is "Yes" to the above, the Applicant must enclose a copy of the Agreement etc. with the
completed forms. If no formal JV Agreement is in place, letters addressed to the director from each of
the companies in the proposed JV should be submitted with the completed forms. Each letter must be
signed by a director of the company, or another individual who has the authority to commit the
company in such an arrangement. The letter of agreement should reflect that all parties to the
agreement are jointly and severally liable for the obligations of the joint venture for any agreement
entered into with the Authority.
Name(s) and title of Contact Person(s) to whom future correspondence may be addressed:
Contact(s):
Job Title: _
Address:
Telephone: Fax:
Email:
Telephone: Fax: _
Email:
Appendix-B2
Page 2 of 2
6. Proposed allocation of work among the JV/Consortium members if different from question 5 above.
Name(s) of JV Member(s) Proposed Work
Appendix B3 to Annex-4
Firm’s Reference
Using the format below, provide information on each reference assignment for which your firm
either individually as a corporate entity or as one of the major companies within a consortium
was legally contracted.
Start Completion
Date: Date:
(Month, (Month, Approximate Value of Services (in Current
Year) Year) US$/Rs.):
Name of Senior Personnel (Project Director/ Coordinator, Team Leader) involved and
functions performed:
Detailed Narrative Description of Project (Also specify voltage level, AIS/GIS, busbar
scheme i.e Breaker and half etc):
Description of Actual Services provided by your Firm also showing percentage share and the
position in the Joint Venture/Consortium, if applicable
Consultant’ s Name:_
Appendix-C to Annex-4
Description of Approach, Methodology and Work Plan for Performing the Assignment
as Consultant
Appendix-D to Annex-4
Legend:
Continuous:
Intermittent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Appendix-F to Annex-4
1. Technical/Managerial Personnel
Sr.
Name Position Task/Assignment
No.
2. Support Personnel
Sr.
Name Position Task/Assignment
No.
Appendix-G to Annex-4
Note:
Each page of the CV shall be signed in ink and dated by both the Personnel concerned and
by the Authorized Representative of the Applicant firm along with the seal of the firm.
Photocopies/unsigned CVs will not be considered for evaluation.
Appendix-H to Annex-4
Comments/Suggestion of Consultant
Design Review
1.
2. Monitoring of P
Assurance
1.
2. etc.
Project Management
1.
2. etc.
Detailed Scope of Work
1.
2. etc.
Procurement of Consultancy Services for Design Review & Construction Supervision Services
for Battery Energy Storage System (BESS) at 220/132kV Jhimpir-I Substation
Page 1 of 1
Appendix-A to Annex-5
[Location, Date]
To:
Sir,
We understand that you are not bound to accept any proposal you received.
Yours faithfully,
Signature:
Full Name:
Designation:
Address:
(Authorized Representative)
Appendix-A to Annex-5
Financial Proposal
Should include the following:
1. Breakdown of Rates For Consultancy Contract Form 1
2. Breakdown of Social Charges Form 2
3. Breakdown of Overhead Charges Form 3
4. Estimated Salary Cost/ Remuneration of Consultant Form 4
5. Estimated Direct/ Non-Salary Costs of Consultant Form 5
6. Summary of Consultancy Cost Form 6
Appendix-A to Annex-5
Form 1
Breakdown of Rates For Consultancy Contract
Project: _ Firm:
Name Position Basic Social Over- Sub Fee Rate Field Rate
Salary Charges head Total (% per Allowance per
Per (%age (%age (1+2+3) age Month (%age of Month
Cal. of 1) of of for 1) for
Month 1+2) 4) Project Field
Office Work
1 2 3 4 5 6 7 8
Notes:
Item No.1 Basic salary shall include actual gross salary before deduction of taxes. Payroll sheet
for each proposed personnel should be submitted at the time of negotiations.
Item No.2 Social charges shall include Client’s contribution to social security, paid vacation,
average sick leave and other standard benefits paid by the company to the
employee. Breakdown of proposed percentage charges should be submitted and
supported (see Form 2)
Item No.3 Overhead shall include general administration cost, rent, clerical and junior
professional personnel and business getting expenses etc. Breakdown of proposed
percentage charges for overhead should be submitted and supported (see Form 3)
Item No. 5 Fee shall include company profit and share of salary of partners and directors (if
not billed individually for the project) or indicated in overhead costs of the
company.
Item No. 7 Normally payable only of field work under hard and arduous conditions.
Full Name:
Signature:
Title:
Appendix-A to Annex-5
Form 2
Breakdown of Social Charges
Form 3
Breakdown of Overhead Costs
Form 4
Estimated Salary Costs/Remunerations of Consultant
Sub-total(1)
II Non-Technical
Personnel
Sub-Total(II)
III Grand Total(I+II)
Appendix-A to Annex-5
Form 5
Estimated Direct/Non Salary Costs of Consultant
Form 6
Summary of Total Consultancy Cost
Note:
1. Remunerations will be inclusive of Direct Taxes. No separate row will be mentioned for
Income Tax/Direct taxes.
2. Tax Treatise will be considered between Pakistan and Consultants’ country (if
applicable).
3. The subtotal at sr. no. 3 above is inclusive of all the applicable taxes except provincial
sales tax which shall be mentioned separately at sr. no. 4. Evaluation will be carried out
without provincial sales tax.
4. Provincial sales tax on services shall be charged by the consultants and payments will be
subject to withholding as per Rules mentioned in respective Federal or Provincial Laws
(PRA, SRB, BRA, KPRA). Copy of sales tax return shall be provided by the consultant.
The payment of PST/GST will only be made if NTDC can claim input from relevant
Tax authority (ies).
5. Foreign Consultants, if required as per law of the country will get them registered from
relevant tax authorities after award of the Contract.
6. All payments will be subject to withholding taxes as per Income Tax Ordinance, 2001
and Sales Tax Laws. Further, payment shall be made only to those entities appearing
inactive Tax payer List (ATL) for both income tax and sales tax
Annex-6
Annex-6
Standard Contract Agreement
For Consultancy Services
1
Annex-6
between
and
for
(NAME OF PROJECT)
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Annex-6
TABLE OF CONTENTS
Page No.
I FORM OF CONTRACT 1
II GENERAL CONDITIONS OF CONTRACT 3
1 GENERAL PROVISIONS 3
1.1 Definitions 3
1.2 Law Governing the Contract 4
1.3 Language 4
1.4 Notices 4
1.5 Location 4
1.6 Authorised Representatives 4
1.7 Taxes 4
1.8 Leader of Joint Venture 5
1.9 Relation between the Parties 5
1.10 Headings 5
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8 SETTLEMENT OF DISPUTES 20
8.1 Amicable Settlement 20
8.2 Dispute Settlement 20
9 INTEGRITY PACT 20
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IV APPENDICES 29
Appendix A- Description of the Services 30
Appendix B- Reporting Requirements 31
Appendix C- Key Personnel and Subconsultants 32
Appendix D- Breakdown of Contract Prices in Foreign Currency 33
Appendix E- Breakdown of Contract Prices in Local Currency 35
Appendix F- Services and Facilities to be Provided by the Client 37
and Counterpart Personnel to be Made Available to the
Consultants by the Client.
Appendix G- Integrity Pact 39
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FORM OF CONTRACT
[Notes: 1. Use this Form of Contract when the Consultants perform Services as Sole
Consultants.
2. In case the Consultants perform Services as a Member of the joint venture, use
the Form included at the end.
This CONTRACT (hereinafter called the "Contract") is made on the _day of (month)
of _(year), between, on the one hand,
(hereinafter called the "Client" which expression shall include the successors, legal
representatives and permitted assigns) and, on the other hand,
(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 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 set forth in this Contract;
1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
[Note: If any of these Appendices are not used, the words "Not Used" should
be inserted below/next to the title of the Appendix and on the sheet attached
hereto carrying the title of that Appendix.]
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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 tobe signed in their
respective names in two identical counterparts, each of which shall be deemed as the original,
as of the day, month and year first above written.
Witness (CLIENT)
Signatures Signatures _
Name Name
Title Title
(Seal)
Witness (CONSULTANTS)
Signatures Signatures _
Name Name
Title Title
(Seal)
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1. GENERAL PROVISIONS
1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
(a) "Applicable Law" means the laws and any other instruments having the force
of law in the Islamic Republic of Pakistan, as those may be issued and in force
from time to time;
(b) "Contract" means the Contract signed by the Parties, to which these General
Conditions of Contract (GC) are attached, together with all the documents
listed in Clause 1 of such signed Contract;
(c) "Contract Price" means the price to be paid for the performance of the
Services, in accordance with Clause 6;
(d) "Effective Date" means the date on which this Contract comes into force and
effect pursuant to Sub-Clause 2.1;
(g) "Foreign Currency" means currency other than the currency of Islamic
Republic of Pakistan;
(h) "Local Currency" means the currency of the Islamic Republic of Pakistan;
(i) "Member" in case the Consultants consist of a joint venture of more than one
entity, means any of the entities, and "Members" means all of these entities;
(j) "Party" means the Client or the Consultants, as the case may be, and "Parties"
means both of them;
(l) "SC" means the Special Conditions of Contract by which the GC are amended
or supplemented;
(m) "Services" means the work to be performed by the Consultants pursuant to this
Contract, as described in Appendix A;
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(n) "Subconsultant" means any entity to which the Consultants subcontract any
part of the Services in accordance with the provisions of Sub-Clause 3.6;
(o) "Third Party" means any person or entity other than the Client, the Consultants
or a Subconsultant; and
(p) "Project" means the work specified in SC for which engineering consultancy
services are desired.
This Contract, its meaning and interpretation, and the relation between the Parties
shall be governed by the Applicable Law.
1.3 Language
This Contract has been executed in the English language which shall be the binding
and controlling language for all matters relating to the meaning or interpretation of
this Contract. All the reports and communications shall be in the English language.
1.4 Notices
Any notice, request, or consent made pursuant to this Contract shall be in writing and
shall be deemed to have been made when delivered in person to an Authorised
Representative of the Party to whom the communication is addressed, or when sent by
registered mail, telex, or facsimile to such Party at the address of the Authorised
Representative specified under Sub-Clause SC 1.6. A Party may change its address
for notice hereunder by giving the other Party notice of such change.
1.5 Location
The Services shall be performed at such locations as are specified in Appendix A and,
where the location of a particular task is not so specified, at such locations as mutually
agreed by the Parties.
Any action required or permitted to be taken, and any document required or permitted
to be executed, under this Contract by the Client or the Consultants shall be taken or
executed by the Authorised Representatives specified in the SC.
1.7 Taxes
Unless specified in the SC, the Consultants, Subconsultants, and their Personnel shall
pay such taxes, fees, and other impositions as may be levied under the Applicable
Law.
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In case the Consultants consist of a Consortium of more than one entity, the
Consultants shall be jointly and severally bound to the Client for fulfillment of the
terms of the Contract and designate the Member named in SC, to act as leader of the
Consortium, for the purpose of receiving instructions from the Client.
1.10 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
This Contract shall come into force and effect on the date (the "Effective Date") of the
Client's notice to the Consultants instructing the Consultants to begin carrying out the
Services. This notice shall confirm that the effectiveness conditions, if any, listed in
the SC have been met.
If this Contract has not become effective within such time period after the date of the
Contract signed by the Parties as shall be specified in the SC, either Party may, by not
less than twenty eight (28) days written notice to the other Party, declare this Contract
to be null and void, and in the event of such a declaration by either Party, neither Party
shall have any claim against the other Party except for the work (if any) already done
or costs already incurred by a Party at the request of the other Party.
The Consultants shall begin carrying out the Services at the end of such time period
after the Effective Date as shall be specified in the SC.
Unless terminated earlier pursuant to Sub-Clause 2.9, this Contract shall expire when,
pursuant to the provisions hereof, the Services have been completed and the payments
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Annex-6
of remunerations including the direct costs if any, have been made. The Services shall
be completed within a period as is specified in the SC, or such extended time as may
be allowed under Sub-Clause 2.6.
2.5 Modification
Modification of the terms and conditions of this Contract, including any modification
of the scope of the Services or of the Contract Price, may only be made in writing,
which shall be mutually agreed and signed by both the Parties.
(a) the Consultants shall inform the Client of the circumstances and probable
effects;
(c) the Client shall extend the time for Completion of the Services accordingly.
2.7.1 Definition
(a) For the purposes of this Contract, "Force Majeure" means an event which is
beyond the reasonable control of a Party and which makes a Party's
performance of its obligations under the Contract impossible or so impractical
as to be considered impossible under the circumstances, and includes, but is
not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm,
flood or other adverse weather conditions, strikes, lockouts or other industrial
actions (except where such strikes, lockouts or other industrial actions are
within the power of the Party invoking Force Majeure to prevent), confiscation
or any other action by government agencies.
(b) Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or such Party's Subconsultants or
agents or employees, nor (ii) any event which a diligent Party could reasonably
have been expected to both (A) take into account at the time of the conclusion
of this Contract and (B) avoid or overcome in the carrying out of its
obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
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The failure of a Party to fulfill any of its obligations under the Contract shall not be
considered to be a breach of, or default under this Contract insofar as such inability
arises from an event of Force Majeure, provided that the Party affected by such an
event; (a) has taken all reasonable precautions, due care and reasonable alternative
measures in order to carry out the terms and conditions of this Contract; and (b) has
informed the other Party in writing not later than fifteen (15) days following the
occurrence of such an event.
Any period within which a Party shall, pursuant to this Contract, complete any action
or task, shall be extended for a period equal to the time during which such Party was
unable to perform such action as aresult of Force Majeure.
2.7.4 Payments
During the period of their inability to perform the Services as a result of an event of
Force Majeure, the Consultants shall be entitled to continue to be paid under the terms
of this Contract, as well as to be reimbursed for additional costs reasonably and
necessarily incurred by them during such period for the purpose of the Services and in
reactivating the Services after the end of such period.
The Client may, by written notice of suspension to the Consultants, suspend all
payments to the Consultants hereunder if the Consultants fail to perform any of their
obligations under this Contract, including the carrying out of the Services, provided
that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall
request the Consultants to remedy such failure within a period not exceeding thirty
(30) days after receipt by the Consultants of such notice of suspension.
2.9 Termination
The Client may terminate this Contract, by not less than thirty (30) days written notice
of termination to the Consultants, to be given after the occurrence of any of the events
specified in paragraphs (a) through (e) of this Sub-Clause 2.9.1 and sixty (60) days in
the case of the event referred to in paragraph (f):
(b) if the Consultants become (or, if the Consultants consist of more than one
entity, if any of their Members becomes) insolvent or bankrupt or enter into
any agreements with their creditors for relief of debt or take advantage of any
law for the benefit of debtors or go into liquidation or receivership whether
compulsory or voluntary;
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(c) if the Consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause 8 hereof;
(d) if the Consultants submit to the Client a statement which has a material effect
on the rights, obligations or interests of the Client and which the Consultants
know to be false;
(e) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days;
(f) if the Client, in its sole discretion, decides to terminate this Contract.
The Consultants may terminate this Contract, by not less than thirty (30) days written
notice to the Client, such notice to be given after the occurrence of any of the events
specified in paragraphs (a) through (d) of this Sub-Clause 2.9.2:
(a) if the Client fails to pay any monies due to the Consultants pursuant to this
Contract and not subject to dispute pursuant to Clause 8 within forty-five (45)
days after receiving written notice from the Consultants that such payment is
overdue;
(b) if the Client is in material breach of its obligations pursuant to this Contract
and has not remedied the same within forty-five (45) days (or such longer
period as the Consultants may have subsequently approved in writing)
following the receipt by the Client of the Consultants' notice specifying such
breach;
(c) if, as a result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days;
(d) if the Client fails to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause 8 hereof.
Upon termination of this Contract pursuant to Sub-Clauses 2.9.1 or 2.9.2, the Client
shall make the following payments to the Consultants:
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Annex-6
(b) except in the case of termination pursuant to paragraphs (a) through (d) of
Sub-Clause 2.9.1, reimbursement of any reasonable cost incidental to the
prompt and orderly termination of the Contract, including the cost of the return
travel of the Personnel, according to Consultants Traveling Allowance Rules.
If either Party disputes whether an event specified in paragraphs (a) through (e) of
Sub-Clause 2.9.1 or in paragraphs (a) through (d) of Sub-Clause 2.9.2 hereof has
occurred, such Party may, within forty-five (45) days after receipt of notice of
termination from the other Party, refer the matter to arbitration pursuant to Clause 8
hereof, and this Contract shall not be terminated on account of such event except in
accordance with the terms of any resulting arbitral award.
3.1 General
The Consultants shall perform the Services and carry out their obligations with all due
diligence, efficiency, and economy, in accordance with generally accepted
professional techniques and practices, and shall observe sound management practices,
and employ appropriate advanced technology and safe methods. The Consultants
shall always act, in respect of any matter relating to this Contract or to the Services, as
faithful advisers to the Client, and shall at all times support and safeguard the Client's
legitimate interests in any dealings with Subconsultants or third parties.
The Consultants shall perform the Services in accordance with the Applicable Law
and shall take all practicable steps to ensure that any Subconsultants, as well as the
Personnel of the Consultants and any Subconsultants, comply with the Applicable
Law.
Consultants shall use their best efforts to ensure that the Personnel, any Sub
consultants, and agents of either of them similarly shall not receive any such
additional remuneration.
3.3 Confidentiality
The Consultants, their Subconsultants, and the Personnel of either of them shall not,
either during the term or after the expiration of this Contract, disclose any proprietary
or confidential information relating to the Project, the Services, this Contract, or the
Client's business or operations without the prior written consent of the Client.
The Consultants are liable for the consequence of errors and omissions on their part or
on the part of their employees in so far as the design of the Project is concerned to the
extent and with the limitations as mentioned herein below.
If the Client suffers any losses or damages as a result of proven faults, errors or
omissions in the design of a project, the Consultants shall make good such losses or
damages, subject to the conditions that the maximum liability as aforesaid shall not
exceed twice the total remuneration of the Consultants for design phase in accordance
with the terms of the Contract.
The liability of the Consultants expires after one (1) year from the stipulated date of
completion of construction or after three (3) years from the date of final completion of
the design whichever is earlier.
The Consultants may, to protect themselves, insure themselves against their liabilities
but this is not obligatory. The extent of the insurance shall be up to the limit specified
in second para above. The Consultants shall procure the necessary cover before
commencing the Services and the cost of procuring such cover shall be borne by the
Consultants up to a limit of one percent of the total remuneration of the Consultants
for the design phase for every year of keeping such cover effective.
The Consultants shall, at the request of the Client, indemnify the Client against any or
all risks arising out of the furnishing of professional services by the Consultants to the
Client, not covered by the provisions contained in the first para above and exceeding
the limits set forth in second para above provided the actual cost of procuring such
indemnity as well as costs exceeding the limits set forth in fourth para above shall be
borne by the Client.
In addition to the insurance stated in Sub-Clause 3.4 above, the Consultants shall take
out and maintain the various insurances as are specified in the SC, at the cost and
expense of the Client.
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The Consultants shall obtain the Client's prior approval in writing before taking any of
the following actions:
(a) appointing such Personnel as are listed in Appendix-C merely by title but not
by name;
(b) entering into a subcontract for the performance of any part of the Services, it
being understood (i) that the selection of Subconsultants and the terms and
conditions of the subcontract shall have been approved in writing by the Client
prior to the execution of the subcontract, and (ii) that the Consultants shall
remain fully liable for the performance of the Services by the Subconsultants
and its Personnel pursuant to this Contract;
The Consultants shall submit to the Client the reports and documents specified in
Appendix B in the form, in the numbers, and within the periods set forth in the said
Appendix.
All plans, drawings, specifications, reports, and other documents and software
prepared by the Consultants in accordance with Sub-Clause 3.7 shall become and
remain the property of the Client, and the Consultants shall, not later than upon
termination or expiration of this Contract, deliver (if not already delivered) all such
documents and software to the Client, together with a detailed inventory thereof. The
Consultants may retain a copy of such documents and software.
Restriction(s) about the future use of these documents, is specified in the SC.
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The Consultants (i) shall keep accurate and systematic accounts and records in respect
of the Services hereunder, in accordance with internationally accepted accounting
principles and in such form and detail as will clearly identify all relevant time charges,
and cost, and the basis thereof, and (ii) shall permit the Client or its designated
representatives periodically, and up to one year from the expiration or termination of
this Contract, to inspect the same and make copies thereof as well as to have them
audited by auditors appointed by the Client.
4.1 General
The Consultants shall employ and provide such qualified and experienced Personnel
and Subconsultants as are required to carry out the Services.
(a) The title, activities of job description and estimated period of engagement in
the carrying out of the Services of each of the Consultants' Personnel are
described in Appendix C.
The Key Personnel and Subconsultants listed by title as well as by name in Appendix
C are deemed to be approved by the Client. In respect of other Key Personnel which
the Consultants propose to use in carrying out of the Services, the Consultants shall
submit to the Client for review and approval a copy of their biographical data. If the
Client does not object in writing (stating the reasons for the objection) within fourteen
(14) calendar days from the date of receipt of such biographical data, such Key
Personnel shall be deemed to have been approved by the Client.
Working Hours for Key Personnel are set forth in Appendix-C hereto.
Except for the staff covered under reimbursable direct costs expenditure, the
Consultants' remuneration given in Appendix D and Appendix E shall be deemed to
cover paid casual leave, sick leave and earned leave. The Client will reimburse
overtime payments to eligible Personnel provided by the Consultants, in respect of
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support staff and work charged staff. Any taking of leave by Personnel shall be
subject to the prior approval by the Consultants who shall ensure that absence for
leave purposes will not delay the progress and adequate supervision of the Services.
Such leave taking of the Authorised Representative of the Consultants at site, if any,
shall be preceded by the Client informed in writing.
(a) Except as the Client may otherwise agree, no changes shall be made in the
Key Personnel. If, for any reason beyond the reasonable control of the
Consultants, it becomes necessary to replace any of the Key Personnel, the
Consultants shall provide as a replacement a person of equivalent or better
qualifications.
(b) If the Client; (i) finds that any of the Personnel has committed serious
misconduct or has been charged with having committed a criminal action; or
(ii) has reasonable cause to be dissatisfied with the performance of any of the
Personnel, then the Consultants shall, at the Client's written request specifying
the grounds therefor, provide as a replacement a person with qualifications and
experience acceptable to the Client.
(c) Any of the Personnel provided as a replacement under Sub-Clauses (a) and (b)
above, the rate of remuneration applicable to such person as well as any
reimbursable expenditures (including expenditures due to the number of
eligible dependents) the Consultants may wish to claim as a result of such
replacement, shall be subject to the prior written approval by the Client.
Except as the Client may otherwise agree, (i) the Consultants shall bear all
additional travel and other costs arising out of or incidental to any removal
and/or replacement, and (ii) the remuneration to be paid for any of the
Personnel provided as a replacement shall not exceed the remuneration which
would have been payable to the Personnel replaced.
If required by the SC, the Consultants shall ensure that at all times during the
Consultants' performance of the Services, a Resident Engineer acceptable to the
Client, shall take charge of the performance of such Services
5.1.1 Assistance
The Client shall use its best efforts to ensure that the Client shall:
(c) issue to officials, agents and representatives of the concerned organisations, all
such instructions as may be necessary or appropriate for prompt and effective
implementation of the Services;
(d) provide to the Consultants, Subconsultants, and Personnel any such other
assistance and exemptions as may be specified in the SC;
(e) assist to obtain permits which may be required for right-of-way, entry upon
the lands and properties for the purposes of this Contract.
5.1.2 Co-ordination
(a) coordinate and get or expedite any necessary approval and clearances relating
to the work from any Government or Semi-Government Agency, Department
or Authority, and other concerned organisation named in the SC.
5.1.3 Approvals
The Client shall accord approval of the documents within such time as specified in the
SC, whenever these are applied for by the Consultants.
The Client warrants that the Consultants shall have, free of charge, unimpeded access
to all land of which access is required for the performance of the Services.
5.3 Change in the Applicable Law
If, after the date of this Contract, there is any change in the Applicable Law which
increases or decreases the cost of the Services rendered by the Consultants, then the
remunerations and direct costs otherwise payable to the Consultants under this
Contract shall be increased or decreased accordingly, and corresponding adjustment
shall be made to the amounts referred to in Sub-Clause 6.1 (a). Rate in the Appendix-
E shall be revised in case of revision in salary made in an organization due to statutory
Notification. Such revised rate(s) shall be applicable from the respective date(s) of
implementation of such Notification by the concerned organizations for which
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The Client shall make available to the Consultants, Subconsultants and the Personnel,
for the purpose of the Services and free of any charge, the services, facilities and
property described in Appendix F at the times and in the manner specified in said
Appendix F, provided that if such services, facilities and property shall not be made
available to the Consultants as and when so specified, the Parties shall agree on; (i)
any time extension that it may be appropriate to grant to the Consultants for the
performance of the Services; (ii) the manner in which the Consultants shall procure
any such services, facilities and property from other sources; and (iii) the additional
payments, if any, to be made to the Consultants as a result thereof pursuant to Sub-
Clause 6.1(b) hereinafter.
5.5 Payments
In consideration of the Services performed by the Consultants under this Contract, the
Client shall make to the Consultants such payments and in such manner as is provided
by Clause 6 of this Contract.
(a) If so provided in Appendix-F hereto, the Client shall make available to the
Consultants, as and when provided in such Appendix-F, and free of charge,
such counterpart personnel to be selected by the Client, with the Consultants'
advice, as shall be specified in such Appendix-F. Counterpart personnel shall
work under the exclusive direction of the Consultants. If any member of the
counterpart personnel fails to perform adequately any work assigned to such
member by the Consultants which is consistent with the position occupied by
such member, the Consultants may request the replacement of such member,
and the Client shall not unreasonably refuse to act upon such request.
(b) If counterpart personnel are not provided by the Client to the Consultants as
and when specified in Appendix-F, the Client and the Consultants shall agree
on; (i) how the affected part of the Services shall be carried out; and (ii) the
additional payments, if any, to be made by the Client to the Consultants as a
result thereof pursuant to Sub-Clause 6.1(c) hereof.
(a) An estimate of the cost of Services payable in foreign and local currencies is
set forth in Appendices D and E respectively. Except as may be otherwise
agreed under Sub-Clause 2.5 and subject to Sub-Clause 6.1 (b), payments
under this Contract shall not exceed the ceilings in foreign currency in
Appendix D and in local currency in Appendix E, excluding adjustments made
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under Sub-Clause 6.2(a) of the SC. The Consultants shall notify the Client as
soon as cumulative charges incurred for the Services have reached 80% of
either of these ceilings.
(a) Subject to the ceilings specified in Sub-Clause 6.1(a) hereof, the Client shall
pay to the Consultants; (i) remuneration as set forth in Sub-Clause 6.2(b); and
(ii) reimbursable direct costs expenditure as set forth in Sub-Clause 6.2(c).
Remuneration shall be subject to price adjustment as specified in the SC.
(b) Remuneration for the Personnel shall be determined on the basis of time
actually spent by such Personnel in the performance of the Services after the
date determined in accordance with Sub-Clause SC 2.3 (including time for
necessary travel via the most direct route) at the rates referred to, and subject
to such additional provisions as are set forth in the SC.
(c) Reimbursable direct costs (non-salary costs) actually and reasonably incurred
by the Consultants in the performance of the Services. The reimbursable direct
costs expenditure shall be for the items specified in the SC.
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(a) To cover payments due under Sub-Clauses 6.1 and 6.2 of this Contract, the
Client shall establish a revolving fund in foreign currency and local currency
accounts, each account to be separately and distinctly maintained by the
Consultants, and shall deposit into the said accounts, amounts in the currencies
specified above as follows:
(i) Not later than thirty (30) days following the signing of Contract by
both the Parties amounts estimated to be the requirements in the
respective currencies for the three (3) months of the Services
immediately following the signing of Contract calculated on the basis
of the applicable estimates set forth in Appendices D and E.
(ii) Not later than the 15th day of each succeeding month, the amount equal
to the preceding monthly estimate in accordance with Appendices D
and E shall be recouped by the Client in the revolving fund against
foreign currency and local currency amounts.
(b) As soon as practicable and preferably within thirty (30) days after the end of
each calendar month during the period of the Services, the Consultants shall
submit to the Client, in duplicate, itemized statements, accompanied by copies
of receipted invoices, vouchers and other appropriate supporting materials, of
the amounts payable pursuant to Sub-Clauses 6.3 and 6.4 for such month.
Separate monthly statements shall be submitted in respect of amounts payable
in foreign currency and in local currency. Monthly statement shall distinguish
that portion of the total eligible costs which pertains to remuneration from that
portion which pertains to reimbursable direct costs expenditure.
(c) The Client shall cause the payment of the Consultants' monthly statements
within twenty-eight (28) days for amounts in local currency and within fifty
six (56) days for amounts in foreign currency after the receipt by the Client of
such statements with supporting documents. Only such portion of a monthly
statement that is not satisfactorily supported may be withheld from payment.
Should any discrepancy be found to exist between actual payment and costs
authorized to be incurred by the Consultants, the Client, after seeking
clarification from the Consultants, may add or subtract the difference from any
subsequent payments.
(d) The final payment under this Clause shall be made only after the final report
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and a final statement, identified as such, shall have been submitted by the
Consultants and approved as satisfactory by the Client. The Services shall be
deemed completed and finally accepted by the Client and the final report and
final statement shall be deemed approved by the Client as satisfactory ninety
(90) calendar days after receipt of the final report and final statement by the
Client unless the Client, within such ninety (90) days period, gives written
notice to the Consultants specifying in detail deficiencies in the Services, the
final report or final statement. The Consultants shall thereupon promptly make
any necessary corrections, and upon completion of such corrections, the
foregoing process shall be repeated. Any amount which the Client has paid or
caused to be paid in accordance with this Clause in excess of the amounts
actually payable in accordance with the provisions of this Contract shall be
reimbursed by the Consultants to the Client within thirty (30) days after receipt
by the Consultants of notice thereof. Any such claim by the Client for
reimbursement must be made within fifty six (56) days after receipt by the
Client of a final report and a final statement approved by the Client in
accordance with the above. The Client shall cause the final payment to the
Consultants within fifty six (56) days of receipt of final invoice from the
Consultants, after completion of Services finally accepted alongwith the final
report and statement of the Consultants by the Client.
(e) All payments under this Contract shall be made to the bank account of the
Consultants to be notified later.
If the Client has delayed payments beyond the period stated in paragraph (c) of Sub-
Clause 6.4, interest charges shall be paid to the Consultants for each day of delay at
the rate specified in the SC.
(a) Services as approved by the Client outside the Scope of Services described in
Appendix A;
(c) any re-doing of any part of the Services as a result of client's instructions.
If, in the opinion of the Client, it is necessary to perform Additional Services during
the currency of the Contract for the purpose of the Project, the Consultants, with the
prior written authorization of the Client, shall carry out such Additional Services on
the basis of the billing rates set out in the Contract. In case for any reasons these rates
and prices are determined by both the Parties to be not applicable for said Additional
Services, then suitable billing rates and the additional time, shall be agreed upon
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If the Client fails to make the payment of any of the Consultants' invoice within
twenty-eight (28) days after the expiry of the time stated in paragraph (c) of Sub-
Clause 6.4, within which payment is to be made, the Consultants may after giving not
less than twenty-eight (28) days' prior notice to the Client, suspend the Services or
reduce the rate of carrying out the Services, unless and until the Consultants have
received the payment.
This action will not prejudice the Consultants' entitlement to financing charges under
Sub-Clause 6.5.
The Parties undertake to act in good faith with respect to each other's rights under this
Contract and to adopt all reasonable measures to ensure the realization to the
objectives of this Contract.
The Parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties hereby
agree that it is their intention that this Contract shall operate fairly as between them,
and without detriment to the interest of either of them, and that, if during the term of
this Contract either Party believes that this Contract is operating unfairly, the Parties
will use their best efforts to agree on such action as may be necessary to remove the
cause or causes of such unfairness, but no failure to agree on any action pursuant to
this Sub-Clause shall give rise to a dispute subject to arbitration in accordance with
Clause 8 hereof.
8. SETTLEMENT OF DISPUTES
The Parties shall use their best efforts to settle amicably all disputes arising out of or
in connection with this Contract or its interpretation.
Any dispute between the Parties as to matters arising pursuant to this Contract which
cannot be settled amicably within thirty (30) days after receipt by one Party of the
other Party's request for such amicable settlement may be submitted by either Party
for settlement in accordance with the provisions of the Arbitration Act, 1940 (Act No.
X of 1940) and Rules made thereunder and any statutory modifications thereto.
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Services under the Contract shall, if reasonably possible, continue during the
arbitration proceedings and no payment due to or by the Client shall be withheld on
account of such proceedings.
9. INTEGRITY PACT
9.1 If the Consultant or any of his Subconsultants, agents or servants is found to have
violated or involved in violation of the Integrity Pact signed by the Consultant as
Appendix-G to this Form of Contract, then the Client shall be entitled to:
(a) recover from the Consultant an amount equivalent to ten times the sum of any
commission, gratification, bribe, finder’s fee or kickback given by the
Consultant or any of his Subconsultant, agents or servants;
(c) recover from the Consultant any loss or damage to the Client as a result of
such termination or of any other corrupt business practices of the Consultant
or any of his Subconsultant, agents or servants.
On termination of the Contract under Sub-Para (b) of this Sub-Clause, the Consultant
shall proceed in accordance with Sub-Clause 2.9.3. Payment upon such termination
shall be made under Sub-Clause 2.9.4 (a) after having deducted the amounts due to
the Client under Sub-Para (a) and (c) of this Sub-Clause.
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Clause Amendments of, and Supplements to, Clauses in the General Conditions of
No. Contract
of GC
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1.1 Definitions
Telephone : _
Facsimile : _
E.Mail :
Telephone :
Facsimile :
E.Mail :
1.7 Taxes
Remunerations will be inclusive of Direct Taxes. No separate row will be mentioned for
Income Tax/Direct taxes.
Tax Treatise will be considered between Pakistan and Consultants’ country (if applicable).
Provincial Sales Tax on services shall be charged by the Consultant and payments will be
subject to Withholding as per Rules mentioned in Respective Federal or Provincial Laws
(PRA, SRB, BRA, KPRA,). Copy of sales tax return shall be provided by the Consultant. The
payment of PST/GST will only be made if NTDC can claim input from relevant Tax authority
(ies).
Only those Consultants will be eligible to bid who are active taxpayers as per Federal Board
of Revenue Data base i.e. Active Taxpayer List (ATL) for both Income Tax & Sales Tax and
provincial revenue authorities/boards as the case may
Foreign Consultants, if required as per law of the country will get them registered from
relevant tax authorities after award of the Contract.
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All payments will be subject to withholding Taxes as per Income Tax Ordinance, 2001 and
Sales Tax Laws, further, payments shall made only to those entities appearing in Active
Taxpayer List (ATL) for both Income Tax & Sales Tax
All notes should be deleted in final text. All blanks should be filled in.
The date on which this Contract shall come into effect is the date when the following
conditions are fulfilled;
i. Contractor provides proof of employment of key personnel to client.
ii. Contract is signed by both the Parties
iii. Revolving fund is established in accordance with Sub-Clause 6.4.
The Consultants shall commence the Services within the seven (07) days on issuance
of Letter of Commencement for each Grid Station from the Client.
All the work under Phase-1 is required to completed within 09 months from date of
commencement of service.
The Phase-II of project is required to be completed within 24 months from the date of
commencement of services. However, the contract period of consultancy shall be 36
months by including DLP period of 12 months so that consultant may fulfil its
obligation(s) as mentioned in scope of project
The Consultants, however, shall not be liable for any defect due to design of the
Project as the same is not in this scope.
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Third Party motor vehicle liability insurance in respect of motor vehicles operated in
Pakistan by the Consultants or their Personnel or any Subconsultants or their
Personnel.
(c) The Consultants shall also clear with the Client, before commitments on any
action they propose to take under the following:
ii) Claim from the Contractor for extra payment with full supporting
details and Consultants recommendations, if any, for settlement.
v) Any action by the Consultants affecting the costs under the following
clauses of Conditions of Contract of the Construction Contract.
The Client and the Consultants shall not use these documents for purposes unrelated
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to this Contract without the prior written approval of the other Party.
[Note: Name and address of the Consultants’ Resident Engineer, if applicable will be
provider here]
5.1.1 Assistance
a) The Client shall make available within 15 days from the Commencement Date, the
following documents as per requirement of the site:
5.1.2 Coordination
5.1.3 Approvals
The Client shall accord approval of the documents immediately but not later than
fourteen (14) days from the date of their submission by the Consultants.
6.2(a) Payments for remuneration made in accordance with Sub-Clause 6.2(a) shall be
adjusted as follows:
(i) Remuneration paid in foreign currency pursuant to the rates set forth in
Appendix-D shall be adjusted after every 12 months (and, the first time, with
effect from the remuneration earned in the 13th calendar month after the date
of the Contract) by applying the following formula:
Rf = Rfo x If/Ifo
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currency, If is the official index for salaries in the country of the foreign
currency for the first month for which the adjustment is supposed to have
effect, and Ifo is the official index for salaries in the country of the foreign
currency for the month of the date of the Contract.
(ii) Remuneration paid in local currency pursuant to the billing rates agreed for
each person shall be adjusted in July of every year (and, for the first time, with
effect from the remuneration earned in July following submission of financial
proposal) by considering the following subject to maximum of prevalent CPI
as per given formula plus salary revision due to statutory notification, if
applicable pursuant to Sub-Clause 5.3 upon substantiation:
- annual increment
- Increase due to promotion
- Salary revision, if applicable pursuant to Sub-Clause 5.3 or otherwise
or,
to be computed with the following formula:
RI = Rio x II/IIo
Where RI is the adjusted billing rate, RIo is the billing rate payable on the basis of the
agreed billing rate in local currency as on July (i.e. the year in which the Consultants
submitted its financial proposal to the Client). II is the Combined Consumer Price
Index (CPI) "General" for Government employees as published by the Federal Bureau
of Statistics, Government of Pakistan for the month of July for which the adjustment
is to have effect, and IIo is the Consumer Price Index "General" for Government
employees as published by the Federal Bureau of Statistics Government of Pakistan
for the month of July (i.e. the Year in which the Consultants submitted its financial
proposal to the Client).
6.2(b) The rates for foreign Personnel set forth in Appendix D, and the rates for local
Personnel set forth in Appendix E, after adjustments, if any, pursuant to Sub-Clause
6.2(a) hereof shall be used for billing purposes.
It is understood that the remuneration rates shall cover salary and allowances as the
Consultants shall have agreed to pay to the Personnel as well as factors for social
charges and overhead based on the Consultants' average cost as represented by the
financial statements of Consultants' latest three fiscal years and fee of the Consultants.
The remuneration rates have been agreed upon based on the representations made by
the Consultants during finalization of this Contract with respect to the Consultants'
costs and charges as referred above as such representations are evidenced by the form
"Breakdown of Agreed Fixed Rates in Consultants' Contract" (A model of such form
is attached at the end of these SC. The Consultants should be requested to execute
this Form at the conclusion of the Contract negotiation when the Parties have agreed
on the fixed rates and their breakdown).
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Remuneration for periods of less than one month shall be calculated on hourly basis
for the time spent by the Head Office staff or Project Office staff and directly
attributable to the Services (one hour being equivalent to 1/170 of a month) and on
calendar day basis for time spent by the Site Office staff (one day being equivalent to
1/30th of a month).
Direct Non-salary Costs are such incurred non-salary costs which are directly
allocable to specific engagements and projects. These costs include but are not limited
to the following:
(i) Provisions for office, light, heat and similar items for working space, costs or
rental for furniture, drafting equipment and engineering instrument and
automobile expenses identifiable to specific projects for which special
facilities other than head office of the firm are arranged.
(v) Services directly applicable to the project such as special legal and accounting
expenses, computer rental and programming costs, special consultants,
borings, laboratory charges, perspectives, renderings, photos, model costs,
commercial printing and binding and similar costs which are not applicable to
the overhead costs, professional liability insurance cover in accordance with
the provisions set out in Sub-Clause 3.4.
(vi) Identifiable drafting supplies and office supplies and expenses charged to the
employers work, as distinguished from such supplies and expenses applicable
to several projects.
(vii) Identifiable reproduction cost applicable to the work such as blue printing,
photostating, mimeographing, printing, binding etc.
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The compensation on delayed payments for local and foreign currency shall be as
follows:
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MODEL FORM
We hereby confirm that we have agreed to pay to the staff members listed, who will be involved in this assignment, the basic salaries and field
allowances (if applicable) indicated below):
1 2 3 4 5 6 7 8
Basic Salary per Overseas/field Agreed Fixed Agreed Fixed
Working Social Charges Overhead Subtotal Fee Allowance Rate per Working Rate
Name Position Month/Day/Hour (% of 1) (% of 1&2) (% of 4) (% of 1) Month/Day/Hour (% of 1)
(Expressed in _ (name of currency) _ )
Signature Date
Name:
Title:
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IV APPENDICES
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Appendix A
Description of Services
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(Marshalling Kiosk), Relay Panels, Control Panels, Event & Fault Recorder
Panels, etc.).
• Review and Approval of Interfacing Drawings of New system with Existing
Bus Bar & Breaker Failure Scheme.
• Pre-Shipment Testing / Inspections (for Local Control Cubicles, Relay
Panels, Control Panels & Fault Recorder Panels).
• Approval of coordinated Relay Settings, calculated and submitted by the
Contractor.
• Approval and issuance of Final Site As Built Schematic Drawings and
Protection Relay settings.
up transformer
xiv) 132kv step up transformer foundation, transformer way and fire protection
wall design.
xv) Design of oily water sewer and rain water drainage with step up transformer.
xvi) All outdoor Equipment and Gantry foundation design and calculations.
xvii) All outdoor Equipment and Gantry steel structure design and calculations.
xviii) Design of paving access road and cable trenches at the substation and BESS
area.
xix) Fire Alarm system design.
xx) Bar bending, Anchor bolt schedule.
xxi) Relocation of existing sewage pipe line and any existing underground
services, if required.
xxii) Access roads to plot (to connect to the existing road system).
xxiii) Plumbing and drainage system drawings.
xxiv) Surrounding pavements/sidewalks and gravelling of areas inside substation
plot limits/adjacent roads/sidewalks.
xxv) Outdoor Lighting, lightning protection, small power in BESS area and
switchyard associated design.
xxvi) Miscellaneous items details like drain pits, steel supports, access ladders,
enabling any other works which are reasonably implied or inferred or
whichever is usual and essential for the execution and completion of works
to satisfaction of NTDC.
xxvii) Design review of any other civil work not mentioned above but deemed
necessary for successful completion of switchyard and indoor/outdoor
equipment.
B. Construction Supervision
The Consultant shall supervise construction of complete project by the Contractor,
which shall include but not limited to following:
I Civil Works
Complete civil works associated with 20MW/20MWh BESS implementation in
existing Substation carried out as per approved design, which include but not
limited to following:
a) Plot clearing, excavation, raising with approved material (backfilling, filling,
compaction, leveling, dewatering and gravelling) resulting in a homogenous
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vi. 120 kV surge arresters, surge counter, leakage meter along with steel
supporting structures.
vii. 145 kV post insulators together with supporting structures.
viii. Any other equipment not mentioned above but necessary for
successful operation of the Plant
ix. Assembly and erection of extension part of 132kV tubular Bus Bars
work through use of Post Insulators of suitable ratings keeping in
view the electrical & mechanical forces on Bus Bars.
x. Assembly and erection of steel gantries for 132 kV High level bus
work.
xi. Erection and installation of the equipment comprising of but not
limited to the followings:-
• Overhead strain bus work and transformer take-off conductors
and shield wires.
• Substation underground earthing system together with earthing
mats in 132kV yard.
xii. 1 No. 11/0.415kV 200kVA auxiliary transformers, complete with
accessories.
xiii. Equipment interconnection work.
xiv. AC and DC distribution panels along with all AC and DC supply
schemes of the substations for control, protection and marshalling
kiosk in the switchyard.
xv. Installation and termination of Underground Power Cables (where
required) along with sealing ends and link boxes complete in all
respects.
xvi. Any other works necessary for successful operation of Substation
xvii. Installation/ Erection, cable laying, wiring & termination,
interconnection/ interfacing with yard equipment, testing &
commissioning as per scheme of all secondary equipment
comprising but not limited to the followings:-
• All Control Panels, Relay panels, Event/Fault Recorder panels,
Local Control cubicles, Substation Automation System along
with communication interface at bay level, interfacing with
existing Bus Bar & Breaker Failure scheme, station level &
NPCC level, Monitoring & Metering System, Metering panels,
transformer auxiliary panels.
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ensure timely completion of the project. This shall include but not limited to
constant monitoring of activities and their comparison with base line schedule,
advice to contractor to revise construction schedule by performing activities on fast
track basis or in parallel etc., whenever consultant sees delay in activities which can
affect the overall progress of the project.
v. Pre-shipment inspection/testing of material/equipment at manufacturer’s premises
within and outside the country along with NTDC representatives.
vi. Prepare and submit monthly progress reports on physical and financial progress
of the project.
vii. Keep close coordination and liaison between different concerned
organizations/agencies inside NTDC during the execution of the project.
viii. Consultant shall also review the required shut down plans submitted by
contractor and ensure to get the work done in minimum number of shut downs.
ix. Supervise construction/installation work to ensure that the project is being
constructed /installed satisfactorily and in compliance with the approved drawings
and specifications and within the scheduled contract time.
x. Check construction in accordance with approved construction drawings.
xi. Check construction drawings for any alterations in the same according to the site
requirement.
xii. Review and approve the revised drawings submitted by the Contractor(s).
xiii. Interpret and resolve questions arising on construction/installation drawings,
electrical works, mechanical works, civil works and other provisions of the
contract documents.
xiv. Review contractor(s) safety programs and monitor general conformance to the
provisions of contract documents.
xv. Check demarcation of Grid Station extension layout plan at site.
xvi. Supervise foundation construction and collection of concrete test samples during
concreting and evaluate their results according to the provisions in the contract.
xvii. Review and approval of concrete mix design submitted by contractor(s).
xviii. Supervise testing of all construction materials.
xix. Check presence of sufficient civil material at site for monthly work progress.
xx. Supervise all civil, electrical, mechanical works and testing commissioning works
xxi. Check cable laying and proper termination work for economical use of cables.
xxii. Check/identify the equipment received at site as per packing list and timely point
out any shortcoming/other need and also take measures to keep it safe.
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xxiii. Check and ensure quality of work at site in accordance with drawings/specifications
and stipulated standards provided by NTDC.
xxiv. Prepare Variation order if necessitated due to site conditions and submit the same to
NTDC for approval.
xxv. Measure and determine quantities for certification of payments due to the
contractor(s) in accordance with provisions of the contract documents.
xxvi. Scrutinize contractor (s) progress, bills, claims and submit recommendations to the
client. The claims will also be checked and countersigned by client.
xxvii. Measure final quantities and prepare final statement of payments due to the
contractor (s) and get it approved from the project authority.
xxviii. Assist liaison and final settlement of the claims between the client and contractor (s)
except in cases of litigation and arbitration.
xxix. Provide relevant information to Client in respect of the defects, deficiencies and
pending works for issuance of certificate(s) of substantial completion.
xxx. Supervise testing and commissioning and issue certificate of substantial completion
of works.
xxxi. Review operation and maintenance manual and as-built data drawings prepared by
the contractor(s).
xxxii. Before start of testing and commissioning, the Consultants shall check/verify the
following:
a) Approval of engineers/ staff of the Contractor working
on wiring/ testing/ commissioning.
b) Contractor’s installation/construction schedule.
c) Diversified team (Engineers/technicians).
d) Standard test equipment along with valid Calibration Certificates for all type
of relays and for all equipment along with any consumables.
e) Testing/Commissioning protocols of complete substation.
f) Testing profile of all equipment.
g) Quality control by the Contractor i.e. internal check before actual testing/
commissioning based on protocols and quality controls.
h) All test plans and equipment shall be vetted by the Consultant’s expert and
shall submit a certificate/report to client for review.
i) Check and ensure quality of work at site in accordance with Tender
specifications/approved drawings and stipulated standards
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Appendix B
Reporting Requirements
REPORTING
A tentative list of various reports the Consultants are likely to prepare is given below.
Additional, reports may have to be prepared as needed by the investor, project authorities or
based on needs
1. Design Reports
2. Preparation of special reports/memoranda to elicit Client’s consent/ approval on
specific issues
3. Project implementation status reports quarterly, annually
4. Minutes of Weekly/biweekly/monthly meetings held with Contractors
5. Correction/Amendment in Drawing submitted by Contractor
6. A monthly, Quarterly and Annual Progress reports on Physical and Financial
Progress of the Project not later than ten (10) working days after the end of each
period during project execution stage. (10 Copies).
7. Vetted As built Drawings
8. Testing & Commissioning Reports
9. Responses to any technical queries during the defect liability period
10. A Project completion report shall be submitted not later than forty five days after
project completion (10 Copies).
11. Any special report relevant to the Project, as requested by the Client
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Appendix C
[List under: C-1 Title [and names, if already available], activities of job descriptions and
working hours of key Personnel to be assigned to work and staff-
months for each.
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Appendix D
NOT USED
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Appendix E
1. (a) Monthly rates for local Personnel (Key Personnel and other Personnel);
Direct Non-salary Costs are such incurred non-salary costs which are directly
allocable to specific engagements and projects. These costs include but are not limited
to the following:
(i) Provisions for office, light, heat and similar items for working space, costs or
rental for furniture, drafting equipment and engineering instrument and
automobile expenses identifiable to specific projects for which special
facilities other than head office of the firm are arranged.
(v) Services directly applicable to the project such as special legal and accounting
expenses, computer rental and programming costs, special consultants,
borings, laboratory charges, perspectives, renderings, photos, model costs,
commercial printing and binding and similar costs which are not applicable to
the overhead costs, professional liability insurance cover in accordance with
the provisions set out in Sub-Clause GC3.4.
(vi) Identifiable drafting supplies and office supplies and expenses charged to the
employers work, as distinguished from such supplies and expenses applicable
to several projects.
(vii) Identifiable reproduction cost applicable to the work such as blue printing,
photostating, mimeographing, printing, binding etc.
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5. Total = (3 + 4)
Notes:
A. Elements of the salary costs and billing rates for the relevant salary grades shall also
be included in this Appendix.
(1) Remuneration, i.e. staff costs based on monthly billing rates of the staff, and
contingencies if any, excluding adjustment of billing rates.
Each item shall be specified whether it is payable on the basis of (a) lump sum
monthly rate; or (b) reimbursement of actual expenditures.
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Appendix F
and
The Client shall make available the following Services and Facilities:
The Client shall make available to the Consultants, Subconsultants and the Personnel,
for the purposes of the Services and free of any charge, the services, facilities and
property described in this Clause at the times and in the manner specified hereunder:
(a)
_
(b)
_
(c) Rent will be charged by the Client only for the family status accommodation
provided to the Personnel, in the Client's colonies, at the following rates:
.................... .................
.................... .................
(d) No rent will be charged for single status residences provided by the Client to
the Personnel.
2. Lodge Accommodation
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The Client shall make available to the Consultants, free of charge, the
following counterpart personnel in connection with carrying out of the
Services:
.........................................................................................................................................
.
................................................................................................................................
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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.
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between
and
for
OF (NAME OF PROJECT)
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FORM OF CONTRACT
[Note: Use this Form of Contract when the Consultants perform Services as a Joint
Venture.
(hereinafter called the "Client" which expression shall include the successors, legal
representatives and permitted assigns) and, on the other hand, a joint venture consisting of the
following entities, each of which will be jointly and severally liable to the Client for all the
Consultants' obligations under this Contract, namely:
(hereinafter collectively called the "Consultants" which expression shall include its
successors, legal representatives and permitted assigns).
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting services
as defined in the 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 set forth in this Contract;
1. The following documents attached hereto shall be deemed to form an integral part
of this Contract:
[Note: If any of these Appendices are not used, the words "Not Used" should
be inserted below next to the title of the Appendix and on the sheet
attached hereto carrying the title of that Appendix.]
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 tobe signed in their
respective names in two identical parts each of which shall be deemed as the original, as of
the day, month and year first above written.
CLIENT'S NAME
Witness
Signature Signature _
Name Name
Title Title
(Seal)
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_
_
Name of Member No. 1
Witness
Signature Signature _
Name Name
Title Title
(Seal)
Witness
Signature Signature _
Name Name
Title Title
(Seal)
_
Name of Member No. 3
Witness
Signature Signature
Name Name
Title Title
(Seal)
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64
Exhibit – I
Criteria for Evaluation of
Technical Proposals
Exhibit-I
Factors for Evaluation of Consultant’ Technical
Proposal
(Total 1000 Marks)
Sr. # Description Max. Weight
I. Qualification of Proposer:
a. Overall experience of the company related to Power Projects 100
b. Specific experience of the Consultant (as single entity or 125
as Joint Venture Partner) related to the Consultancy
Services of Grid Station of 220kV or higher voltage
Sub-Total (I) 225
II. Approach and Methodology:
a. Understanding of project delivery 40
b. Work Programme 40
c. Man-month Deployment & Contingency Plan 20
Sub-Total (II) 100
III. Personnel Sub- 675
Total (I+II+III) 1000
Sub-Total 90%
Total (I) 100%
2. Construction Manager/ Construction supervision
Engineers/Design Engineers/Testing and
Commissioning Engineer/Protection & Control
Expert/ /Telecom & SCADA Expert/Contracts
Expert/ BESS Expert
a. Basic Qualifications
B.Sc. (Engineering in the Relevant Field) 10%
Sub-Total 10%
b. Experience
i. Overall 25%
ii. Job Related 60%
iii. Specialized Training 5%
Sub-Total 90%
Total (2) 100%
NOTES:
1. For Sr. No. I (b), number of projects executed by the firm shall be considered for
evaluation purposes.
2. For Sr. # II (a), it is assumed that firm shall have familiarized itself with NTDC’s
authority hierarchy, its processes and NTDC’s stakeholder departments for
project delivery. It shall demonstrate a clear understanding of project scope
and interfacing among various stakeholders. To show its understanding of project,
it shall outline baseline tender preparation, evaluation, design review and
construction schedule (showing typical activities normally performed serially or
in parallel) of a typical grid station, ways to complete that schedule on fast track
and ways to crash that schedule. It shall also demonstrate that it has experience of
coordination in multi-stakeholder environment and conflict resolution. The
information shall be provided in Appendix-C to Annex-4
3. For Sr. # II (b), firm shall propose in detail the activities it shall perform along
with the timeline of each activity (from mobilization, setting up of site office,
residences, etc. till completion of project) and shall identify challenges and
opportunities from project management and construction perspective. Also, firm
shall propose how it will optimize its resources (man-month, overall budget, etc.)
and how it shall modify its processes and procedures if the contract is to be
completed on fast track and/or project crashing is done. Having familiarized itself
with NTDC’s processes, it shall propose an abstract mechanism for conflict
resolution to minimize delay in project’s delivery. The information shall be
provided in Appendix D to Annex-4.
4. For Sr. # II (c) , firm shall give in detail its existing organogram, its ongoing projects
and staff (Key Personnel) deployed thereon along with man-months of each,
proposal of adjustment of staff (along with man-months) in case subject
consultancy is awarded to firm and any new hiring it requires. Also, firm shall
propose contingency plan to support the project (e.g. non- availability of Key
Personnel). The information shall be provided in Appendix E to Annex-4.
5. Marks will be deducted from total score of key personnel if any information
related to Key personnel is missing or if he does not fulfill the fitness criteria of
job.
Exhibit – II
MODEL FORMS
EXHIBIT-II
MODEL FROM-1
Breakdown of Agreed Fixed Rates in Consultant’ Contract
We hereby confirm that we have agreed to pay to the personnel members listed, who will be involved in the assignment, the basic salaries and
field allowance (if applicable) indicated below:
1 2 3 4 5 6 7 8
Basic Salary Social Overhead Sub Fee Overseas/ Agreed Fixed Agre4ed
Name Position per Working Charges Total Field Rate per Fixed
(% of 1+2) (% of
Month/day/Hour (1+2+3) Allowances Working Rate
(% of 1) 4)
Month/Day/Hour (% of 1)
(% of 1)
Signature Date:
Name:
Model Form-2
See Clause GC 6.2(b)
We hereby confirm that (a) the basic salaries indicted below are taken from the firm’s payroll
records and reflect the current salaries to the personnel members listed which have not been raised
other than within the normal annual salary increase policy as applied to all the firm’s personnel;
(b) attached are true copies of the latest salary slips of the personnel members listed; (c) the filed
allowances indicated below are those that the Consultant have agreed to pay for this assignment
to the personnel members listed; (d) the factors listed below for social charges and overhead are
based on the firm’s overage cost experience for the latest three years as represented by the
firm’s financial statements; and (c) said factors for overhead and social charges do not include
any bonuses or other means of profit-sharing.
Etc.
Date:
Signatures of Authorized Representative
Name:
Title: _
Note: for Field Personnel, use basic salary per working month for home office personnel, basic
Salary per working Day or Hour. For field personnel, also fill in Field Allowance, if any. This
form should not be part of the signed Contract but should be executed by the Consultant
separately. See notes in Clause GC 6.2(b)