An85F REQUEST FOR PROPOSAL (RFP) FOR ORGANIZATIONAL TRANSFORMATION No.: ICT R&DF/OT/2017/0005/Proc Date of issue: 7 th May, 2017 National ICT R&D Fund Company (Guarantee) Limited Ministry of Information Technology & Telecom Government of Pakistan National ICT R&D Fund, 6 th Floor, HBL Tower, Jinnah Avenue, Blue Area, Islamabad Ministry of Information Technology & Telecom Government of Pakistan
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REQUEST FOR PROPOSAL (RFP) FOR ORGANIZATIONAL …€¦ · Commission of Pakistan (SECP) under Section 42 of the Companies Ordinance, 1984 by the Ministry of IT, Government of Pakistan
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An85F
REQUEST FOR PROPOSAL (RFP)
FOR
ORGANIZATIONAL TRANSFORMATION
No.: ICT R&DF/OT/2017/0005/Proc
Date of issue: 7th May, 2017
National ICT R&D Fund Company (Guarantee) Limited
Ministry of Information Technology & Telecom
Government of Pakistan
National ICT R&D Fund, 6th Floor, HBL Tower, Jinnah Avenue, Blue
Area, Islamabad
Ministry of Information Technology & Telecom Government of Pakistan
Table of Contents
Checklist (Mandatory Documents required with the Proposal) ....................................................................1
4 Thematic Focus Areas ...........................................................................................................................5
5 Scope of Services ..................................................................................................................................5
7 Contract Term and Work Schedule .................................................................................................... 10
8 Payment Plan ...................................................................................................................................... 11
(i) The bid shall comprise a single package containing two separate envelopes. Each
envelope shall contain separately the financial proposal and the technical proposal;
(ii) The envelopes shall be marked as “FINANCIAL PROPOSAL” and “TECHNICAL
PROPOSAL” in bold and legible letters to avoid confusion;
(iii) Initially, only the envelope marked “TECHNICAL PROPOSAL” shall be opened;
(iv) The envelope marked as “FINANCIAL PROPOSAL” shall be retained in the custody of
the procuring agency without being opened;
(v) The procuring agency shall evaluate the technical proposal in a manner prescribed in
advance, without reference to the price and reject any proposal which do not conform to
the specified requirements;
(vi) During the technical evaluation no amendments in the technical proposal shall be
permitted;
(vii) The financial proposals of bids shall be opened publicly at a time, date and venue
announced and communicated to the bidders in advance;
(viii) After the evaluation and approval of the technical proposal the procuring agency, shall at
a time within the bid validity period, publicly open the financial proposals of the
technically accepted bids only. The financial proposal of bids found technically non-
responsive shall be returned un-opened to the respective bidders; and
(ix) The bid found to be the lowest evaluated bid shall be accepted.
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Annex B
Eligibility Criteria (Mandatory Criteria)
All proposals must meet the mandatory eligibility criteria. The Proposals that does not meet
mandatory eligibility criteria shall be rejected and shall not be evaluated further.
# Mandatory Eligibility Criteria Yes No
1 Proof of Certificate of Incorporation or Registration or equivalent
2 Proof of NTN/FTN Certificate and GST Registration Certificate (if
applicable)
3 Proof of GST Certificate, if applicable but not provided, the proposal would
be rejected.
4 Original affidavit (not older than one month) on Stamp Paper (Rs. 100) that
Bidder is not insolvent, bankrupt and is not blacklisted or debarred by
Public Procurement, Government, Semi-Government, Private, Autonomous
body or any other international organization
5 Original affidavit (not older than one month)on Stamp Paper (Rs. 100) that
the bidder is an active tax payer and has submitted its tax return for the
preceding fiscal year. Tax payer list serial number (downloadable from
FBR’s website) is also to be mentioned.
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13 DRAFT AGREEMENT
AGREEMENT FOR PROVISION OF SERVICES FOR ORGANIZATIONAL
TRANSFORMATION
This agreement for provision of consultancy services for ‘’ Provision of Services for
Organization Transformation’’ is made at Islamabad on this ___ day of ______________
BY AND BETWEEN
National ICT R&D Fund, a company registered under Section 42 of the Companies Ordinance
1984, with its offices at 6th Floor, HBL Tower, Blue Area, Islamabad, Pakistan, (hereinafter
referred to as the “Company” which expression shall, where the context so permits, mean and
include its successors-in-interest, administrators and permitted assigns) of the one part;
And
(Insert Name of the Service Provider) having its registered office at (Insert Address of the
Service Provider) (hereinafter referred to as the “Service Provider” which expression shall,
where the context so permits, mean and include its successors-in-interests, administrators and
permitted assigns), of the other part.
The Company and the Service Provider may hereinafter individually be referred to as “Party”
and collectively as the “Parties”.
WHEREAS, the Company wishes to avail certain services (hereinafter defined) from the
service provider for the financial year 2017-2018
WHEREAS, the Service Provider desires to perform such Services on the terms and conditions
set forth in this Agreement.
WHEREAS FURTHER, the Company has accepted the quotation dated (Insert Date)
submitted by the Service Provider against Company’s Tender No. (Insert Number).
Now THEREFORE, in consideration of mutual promises set forth herein and other good and
valuable consideration the adequacy and sufficiency of which is hereby acknowledged, Parties
hereto agree as follows:
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1. DEFINITIONS AND INTERPRETATIONS
1.1 Definitions: In this Agreement, the following terms shall have the meaning ascribed
thereto below:
(a) “DAY” means calendar day of Gregorian calendar;
(b) “MONTH” means calendar month of Gregorian calendar;
(c) “SINGULAR AND PLURAL” Words importing singular include the plural and vice versa and words importing masculine gender include the feminine gender.
(d) "AGREEMENT” means this signed Agreement and includes the Amendments to this Agreement agreed between the parties after the Effective date;
(e) “FUNCTIONAL DOCUMENTS” means SRO, Memorandum of Association, Articles of Association, the Legal Administrative and Financial Structure, Policy Framework and Operations Manual
(f) “HR MANUAL” means HR Policies and Procedures Manual
(g) “SERVICES” means the services specifically defined in the scope of work of this Agreement and the terms of reference of the Request for Proposal (Annexure A);
(h) “REQUEST FOR PROPOSAL” means the request for proposal dated [insert date] issued by the company for the purposes of this agreement
(i) “HR POLICIES’’ means policies for recruitment and selection, training, performance management system, leave, loan, over-time, compensation, disciplinary rules including grievance procedures and code of conduct, career development policy, promotion policy
1.2 SCOPE OF WORK
During the term of this Agreement, the Service Provider shall perform according to the
defined scope of work in accordance with its Request for Proposal dated (insert date)
which is attached herewith as “Annexure-A” which forms part of this Agreement:
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2 DUTIES OF THE SERVICE PROVIDER
2.1 The Service Provider shall carefully evaluate and revise/update the Functional
Documents
2.2 The Service Provider shall carry out a review of existing Job Descriptions, HR Policies
and Procedures including all HR related documentation;
2.3 Identify gaps and capacity weaknesses in the existing HR Policies and Procedures
compared to best practices in report format.;
Develop effective, accessible and comprehensive HR Manual as required under
Corporate Governance Rules 2013 and Employee Handbook upon review of existing
HR Policies and Procedures. The HR Manual shall include but not be limited to Job
Descriptions of the Company and HR related policies having an alignment with needs
of the Company and all its legislation and regulation. .
2.4 Design, recommend and assist in implementation of a transparent result based
performance management system which ensures thorough assessment of achievements
and a link to employee incentive systems.
2.5 Carry out salary survey and provide recommendations to rationalize current salary
structure (comparative analysis of 4-5 Companies).
3 CONFLICT BETWEEN THE AGREEMENT AND ITS DOCUMENTS
The preamble and the following documents, form an integral part of this Agreement. In
case of any conflict between the terms of these documents and provisions of this
Agreement, such conflict shall be resolved with reference to the provisions of this
Agreement:
i) The Agreement
ii) Scope of Work of this Agreement
iii) Its Attached Annexure:
Annexure A: RFP
iv) Subsequent Amendments
4 EFFECTIVE DATE OF THE AGREEMENT
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This Agreement shall become effective from ________________ and shall remain valid
until ___________ unless terminated earlier in accordance with terms of this Agreement.
The Agreement can be renewed for another term after expiry date on the terms and
conditions mutually agreed upon between the parties subject to the Company giving
thirty (30) days advance notice to the Service Provider to that effect.
5 CONFIDENTIALITY
5.1 The Service Provider and its employees, agents, or representatives will not at any time or
in any manner, either directly or indirectly, use for its personal benefit, or divulge,
disclose, or communicate in any manner, any information that is proprietary to the
Company. The employees, agents and representatives will protect such information and
treat it as strictly confidential. This provision will continue to be effective after the
termination of this Agreement.
5.2 Upon termination of this Agreement, the Service Provider will return to the Company
all records, notes, documentation and other items that were used, created, or controlled
by the Service Provider during the term of this Agreement.
6 INTELLECTUAL PROPERTY
The Service Provider hereby acknowledges and agrees that all intellectual property rights
generated as a result of performance of Scope of Work provided in the Request for Proposal
and its duties shall vest in and be the absolute property of the Company.
7 TAXES AND DUTIES
7.1 Withholding taxes shall be deducted as per applicable tax laws of Pakistan.
7.2 The Service Provider shall be aware and responsible of all Pakistani tax regulations
and will pay all taxes, duties, tariffs and impositions lawfully assessed against the
Service Provider for execution and performance of the Agreement.
8 WARRANTY
The Service Provider shall provide its services and perform the scope of work defined in
this Agreement in line with the required professional business standards and meet its
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obligations under this Agreement in a timely manner and warrants that it has the
required expertise, manpower, capabilities, authorities and resources to enter into this
Agreement.
9 DURATION
This Agreement shall come into force on the signing date and continue till 30th June
2017 unless terminated earlier in accordance with provisions of this Agreement.
10 ACCOUNTING AND FINANCIAL
10.1 The total price of the Agreement shall be (insert price) excluding Value Added Taxes
(like Sales Tax).
10.2 The Price set forth in this Agreement is firm and final till execution of this Agreement
and receipt of either services by the Company in acceptable condition.
10.3 No variation whatsoever is acceptable to the Company with the exception of any price
adjustment authorized by the conditions of this Agreement.
11 PERFORMANCE BOND
The Service Provider shall provide bank guarantee of Rs.(to be inserted) in favour of the
Company as Performance Bond.
12 PAYMENT DISBURSEMENT PLAN
12.1 The payments shall be made in Pak Rupees and shall be disbursed according to the
following plan. Withholding tax(s) will be deducted as per rules.
S# PROJECT MILESTONE AMOUNT PAYABLE 1. (To be Inserted) (To be Inserted) 2. (To be Inserted) (To be Inserted) 3. (To be Inserted) (To be Inserted)
13 TERMINATION OF AGREEMENT
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13.1 Termination of Agreement for Default
The Company, may without prejudice to any other remedy for breach of contract, by
written notice of default sent the Service Provider terminate this Agreement forthwith
in whole or in part:
a) If the Service Provider fails to deliver any or all of the services within the time period(s)
specified in the Agreement or any extension thereof granted by the Company.
b) If the Service Provider fails to perform any obligation under this Agreement.
c) If the Service Provider in either of the above circumstances does not cure its failure
within a period of fifteen (15) days (or such longer period as the Company may
authorize in writing) after receipt of the default notice from the Company.
13.2 Termination of Agreement for Convenience
The Company may terminate the Agreement in whole or in part at any time for its
convenience subject to thirty (30) days prior written notice to that effect send to the
Contractor after payment of proportionate amount of the fee due subject to
satisfactory performance to be determined by the Company at the time of
termination.
14 ENTIRE AGREEMENT
This Agreement, together with Annexure-A contains the entire terms and
conditions and constitutes the entire Agreement between the Parties and cancels
and supersedes any previous oral or written agreements, representations or
arrangements, express or implied, by the Parties with respect to the subject matter
of this Agreement.
15 SEVERABILITY
If any provision of this Agreement will be held to be invalid or unenforceable for
any reason, the remaining provisions will continue to be valid and enforceable. If a
court finds that any provision of this Agreement is invalid or unenforceable, but
that by limiting such provision it would become valid and enforceable, then such
provision will be deemed to be written, construed, and enforced as so limited.
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16 AMENDMENT
No alteration, waiver or change in any terms of this Agreement will be effective
unless made in writing and duly authorized officer or representative of each of the
Parties.
17 INDEPENDENT CONTRACTORS
17.1 The Service Provider is and shall remain at all times an independent contractor
and shall be fully responsible for its own acts and defaults (including those of its
employees or agents)
17.2 Neither the Service Provider is authorized nor its employees, agents or
representatives shall at any time attempt to act on behalf of the Company to bind
any other party in any manner whatsoever to any obligations. Neither the
Service Provider, nor its employees, agents nor representatives shall engage in
any acts which may lead any person to believe that such Party is an employee,
agent or representative of the Company.
17.3 Nothing in this Agreement shall be deemed to constitute a partnership or other
profit sharing arrangement between the Parties.
18 INDEMNIFICATION
The Service Provider agrees to indemnify and hold the Company harmless from
all claims, losses, expenses, fees including attorney fees, costs, and judgments that
may be asserted against the Company that result from the acts or omissions of
Service Provider or its employees, agents, or representatives.
19 FORCE MAJEURE
If performance of this Agreement or any obligation under this Agreement is
prevented, restricted, or interfered with by causes beyond either party’s reasonable
control (“Force Majeure”), and if the party unable to carry out its obligations gives
the other party prompt written notice of such event, then the obligations of the
party invoking this provision shall be suspended to the extent necessary by such
event. The excused party shall use reasonable efforts under the circumstances to
avoid or remove such causes are removed or ceased. An act or omission shall be
deemed within the reasonable control of the party if committed, omitted, or caused
by such party, or its employees, officers, agents, or affiliates.
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20 DISPUTE RESOLUTION
Any dispute, controversy or claim arising out of or in connection with this
Agreement shall be resolved by Parties hereto through mediation. If dispute(s)
remain unresolved by mediation, they shall be finally settled by arbitration to be
held under the Arbitration Act, 1940. The number of arbitrators shall be three (03)
unless otherwise mutually agreed by the Parties. The venue of the arbitration shall
be Islamabad, Pakistan. The award made by the arbitration process shall be final
and binding on the Parties and may be enforced in any court of competent
jurisdiction.
Note: This Agreement is a Draft Agreement subject to change in terms and conditions upon
negotiation with the successful bidder during the award of the agreement. The bidders should only
follow the terms of reference and instructions given in this RFP document for submission of their bids.
IN WITNESS WHEREOF the parties have caused this Agreement to be signed on the Day