Professional Documents
Culture Documents
DISCLAIMER
This Request for Proposal ("RFP") has been prepared by Mines and Mineral
Development Department: Government of Balochistan ("MMDD" or the "Client") and it constitutes no
commitment on the part of MMDD to enter into any arrangements with any person / entity. MMDD
reserves the right to withdraw from or cancel the process or any part thereof in accordance with the
Balochistan Public Procurement Rules, 2014 -. No financial or other obligation whatsoever shall accrue
to MMDD in such an event. The information contained in this RFP or subsequently provided to
Applicants, whether verbally or in documentary or any other form by or on behalf of MMDD or any of
its employees or advisors, is provided to them on the terms and conditions set out in this RFP and such
other terms and conditions subject to which such information is provided.
This RFP does not constitute an agreement; its sole purpose is to provide interested
parties with information that may be useful to them in submitting their Expressions of Interest
("Technical Proposals") pursuant to issuance of this RFP. Any document and information submitted in
response to this RFP becomes the property of MMDD and MMDD does not accept any responsibility
for maintaining the confidentiality of the material including any trade secrets or proprietary data
submitted to MMDD.
MMDD shall not be responsible for non-receipt of correspondence sent by post / courier
/ email / fax. No decision should be based solely on the basis of the information provided in this RFP.
MMDD has no liability for any statements, opinions or information provided in this RFP.
In submitting a Technical Proposal in response to this RFP, each Applicant certifies that
it understands, accepts and agrees to the disclaimers set forth above. Nothing contained in any other
provision of this RFP nor any statements made orally or in writing by any person or party shall have the
effect of negating or suspending any of the disclaimers set forth in this disclaimer.
Contents
DEFINITIONS AND INTERPRETATIONS ............................................................................................................4
LETTER OF INVITATION (LOI) .........................................................................................................................7
SECTION A: INFORMATION TO BIDDERS....................................................................................................... 10
INTRODUCTION AND BACKGROUND OF THE PROJECT....................................................................................... 10
1.1
PURPOSE ......................................................................................................................................... 10
1.2
B.2
B.3
B.4
B.5
B.6
B.7
B.8
B.9
B.10
Bid Security.......................................................................................................................................... 19
B.11
B.12
Omitted ............................................................................................................................................... 20
B.13
B.14.
B.15
B.16
2.
Definition
1.1
Applicable Laws means all laws and orders promulgated or brought into force and effect by a
Government Authority, including regulations and rules made there under, and judgments, decrees,
injunctions, writs and orders of any court of law, as may be in force and effect during the subsistence of
the Project Agreement.
1.2
"Applicant" means a Firm or a Consortium participating in the Request for Proposal Process for the
Project. The term Applicant has been interchangeably used with the term "Firm / Consortium" in this
RFP.
1.3
Bid Documents means a Request for Proposal documents comprising Instructions to Bidders, the
Standard form of Technical & Financial Proposals, Conditions of Contract, TOR, Standard forms of
Contract Agreement, Securities etc.
1.4
Contract means the Consultancy / Contract Agreement signed by the Parties and all the attached
documents.
1.5
Client or "MMDD" means the Mines and Mineral Development Department: Government of
Balochistan.
1.6
"Consortium" means a group of entities submitting a joint Technical Proposal for participating in the
Request for Proposal Process for the Project.
1.7
Consultant means the selected Firm / Consortium that undertakes the Consultancy Services under the
Consultancy Agreement.
1.8
Contractor means the selected Firm / Consortium that undertakes the Works / Services under the
Project Agreement.
1.9
1.10
Force Majeure means an event or circumstance which makes performance of a Partys obligations
illegal or impracticable and which is beyond that Partys reasonable control.
1.13 "Firm" means an entity participating in the Request for Proposal Process for the provision of Consultancy
Services for the Project.
1.14
Government means the Government of Balochistan and all its associated departments, agencies,
autonomous/semi-autonomous bodies, local governments, boards, universities and similar other
organizations.
1.15 Government Authority(ies) means any person or entity exercising executive, legislative, regulatory,
administrative or judicial functions of any Government.
1.16 Party means either the Client or the Consultant.
1.17 Person means a juridical entity.
1.18 BPPR means the Balochistan Public Procurement Rules, 2014, as may be amended from time to time.
1.19 "Project" means the consultancy services for the Project BIDDING FOR MINING RIGHTS OVER TANJEEL
COPPER DEPOSIT, DISTRICT CHAGAI, BALOCHISTAN
1.20 Project Agreement means the legally binding written agreement to be signed between the Client and
the Contractor for providing consultancy services for the Project.
1.21
"Scope of Work" includes scope of work in respect of Consultancy Services/ works to be provided under
this RFP.
1.22 "Services" means works/ services to be undertaken in accordance with Section B: Terms of Reference of
this RFP including any revisions in such Terms of Reference as are included in the Project Agreement to
be signed between the Contractor and the Client.
1.23 Terms of Reference (TOR) means the document included in this RFP as Section C which explains the
Scope of Service of the Consultant, including activities and tasks to be performed by the Consultant
2.
Interpretations
In this RFP, unless the context otherwise requires:
2.1
any reference to a statutory provision shall include such provision as is from time to time modified or reenacted or consolidated so far as such modification or re-enactment or consolidation applies or is
capable of applying to any transactions entered into hereunder;
2.2
the words importing singular shall include plural and vice versa, and words denoting natural persons shall
include partnerships, firms, companies, corporations, joint ventures, trusts, associations, organizations
or other entities (whether or not having a separate legal entity);
2.3
The headings are for convenience of reference only and shall not be used in, and shall not affect, the
construction or interpretation of this RFP;
2.4
2.5
Any reference to any period of time shall mean a reference to that according to Pakistan Standard Time;
2.6
2.7
2.8
2.9
the Annexure to this RFP or any Addenda issued later on to clarify matters, if any, form an integral part
of this RFP and will be in full force and effect as though they were expressly set out in the body of this
RFP;
2.10 unless otherwise stated, any reference to any period commencing "from" a specified day or date and
"till" or "until" a specified day or date shall include both such days or dates;
2.11 Any reference to " Request for Proposal " shall mean the entire process commencing from the invitation
of Technical Proposals until selection of Applicants;
2.12 any reference to "Bidding Process" shall mean the entire process for selection of Contractor commencing
from issuance of Request for Proposals (RFP) to Applicants until signing of Project Agreement for Works
/ Services for the Project;
2.13 any reference to "Contractor" shall mean the selected Applicant with whom Project Agreement for Works
/ Services for the Project will be signed;
2.14 Gross Annual Revenues/Turnover/Sales means the value of gross revenues/turnover/sales of the
Firm/Consortium concerned for a given financial year as mentioned in its financial statement for that
year.
Subject:
CONSULTANCY SERVICES FOR THE PROJECT BIDDING FOR MINING RIGHTS OVER TANJEEL
COPPER DEPOSIT, DISTRICT CHAGAI, BALOCHISTAN
1.
In pursuance to your interest shown in the project, MMDD hereby invites you to submit your Technical and
Financial Bids for Consultancy Services for the Project BIDDING FOR MINING RIGHTS OVER TANJEEL
COPPER DEPOSIT, DISTRICT CHAGAI, BALOCHISTAN(Project). Please find enclosed
a. Request for Proposal (RFP) on the basis of which you are required to submit your Bids, which
will lead to selection of a Bidder for provision of Consultancy Services for the Project.
b. Existing Studies and Data related to the Project are available in DVD format and can be
obtained from the Client upon request.
2.
3.
the costs of preparing the Proposal as well as any other costs incurred as part of the Bidding
Process, including any associated visits, are not reimbursable; and
(ii)
Notwithstanding anything to the contrary contained in the RFP, the detailed terms specified in the Draft
Agreement for Consultancy Services for the Project (Annexure-6) shall have overriding effect; provided,
however, that any conditions or obligations imposed on the Bidder(s) hereunder shall continue to have
effect in addition to its/their obligations under the Draft Agreement for Consultancy Services for the
Project.
4.
In case the Bidder is a Consortium, the members thereof shall furnish a Power of Attorney in favour of the
Lead Member using the format defined in Annexure-10 of the RFP. Additionally, each member of the
Consortium shall execute a Power of Attorney in favour of a nominated individual belonging to the Lead
7
Member of the Consortium using the format defined in Annexure - 2 of the RFP. In order to avoid any
potential conflict of interest, no party to any Consortium shall be a member of any other Consortium, or in
any way participate or be involved, whether directly or indirectly, in the Bidding Process whether as a single
Bidder or as part of another Bidding Consortium. There shall be no change in the composition of the Bidding
Consortium during the Bidding Process or later; except that the Consortium may add additional firm(s) in
the Consortium with prior written consent of MMDD.
5.
6.
7.
8.
Yours sincerely,
_________________________
PURPOSE
The purpose of this Request for Proposal (RFP) is to invite Proposals from the prospective Bidders for provision
of consultancy services for the Project. Information regarding the Project is set forth below:
1.2
BRIEF INTRODUCTION
The Government of Balochistan (GOB) acting through Mines and Minerals Development Department
[MMDD], intends to grant mining rights over Tanjeel Copper deposit [Tanjeel], also known as Reko Diq H4,
covering an area of about 7 sq. Km and located in Chagai District within Survey of Pakistan Topo Sheet No.30K/4. GOB is seeking to hire an international Mining Consultancy Firm or Consultants Consortium [hereinafter
termed as the Consultants to assist MMDD with various legal and commercial matters relating to the award
of mining rights over Tanjeel to a financially and technically competent mining firm which would develop it on
fast track basis and provide maximum benefits to the GOB and to the People of Balochistan. Tanjeel formed part
of an Exploration License [EL-5] granted by GOB to Tethyan Mining Company [TCC] over a very large area in
RekoDiq, which was cancelled due to unsatisfactory performance and TCC filed a case [ICSID Case No. ARB/12/1]
in International Centre for Settlement of Investment Disputes (ICSID). The case is still pending for final decision
on the issue of compensation alone, as TCC has voluntarily withdrawn its claim for performance before ICSID
and ICC. TCC through its letter dated 3 May 2013 addressed to ICSID and also a similar letter to ICC Tribunal
consented to the vacating of all restrictions imposed by the ICSID Tribunal on GOB in its Decision of 13th
December 2012 with regard to H4 and the other deposits within Exploration License 5 [EL-5]. The area covered
by Rekodiq EL-5, which includes H4 deposit, is thus free of all liens and encumbrances.
1.3
Foreign Direct Investment: During July-April of FY 2016 net foreign direct investment crossed US $1 billion with
the growth of 5.4 percent. It is recorded that during July-April
10
this fiscal year FDI inflows reached to $1762.3 million and in the same period out flows are registered at $746.0
million. The major FDI inflows are from China, US, UAE, Hong Kong, UK, Switzerland, Italy, Austria, Norway,
Luxembourg, Saudi Arabia, Japan and Singapore. Power, oil & gas exploration, financial business, tobacco
cigarettes, communications, beverages, chemicals, personal services, electronics, construction, petroleum
refining and transport remained the main recipient sectors.
China and Pakistan have made agreements to establish China Pakistan Economic Corridor between the two
countries. The game changer agreements have been signed between Pakistan and China worth US$45 billion.
The corridor will serve as a driver for connectivity, trade in the world is expected to increase and Pakistan will
take benefits through multiple dimensions. Pak-China Economic Corridor will lead to greater investment and
rapid industrialization in Pakistan. This is a great initiative that will open new avenues for prosperity and cooperation in the whole region and certainly it will uplift socio-economic condition of Pakistan on fast track with
multiple dimensions.
Balochistan will also benefit from the backward and forward linkages of huge infrastructure projects under CPEC
and increasing demand for housing triggering sharp demand for iron, cement and related construction
industries.
Present government has launched comprehensive plan to create investment friendly environment and to attract
foreign investors in the country. As is evident, the capital market has reached new height and sending positive
signals for restoring the investors confidence.
1.4
Pakistan is bestowed with all kinds of resources including minerals. It has abundance of economically exploitable
resources of metallic and non-metallic minerals including Iron, Copper, and Cobalt etc. Other key minerals
include coal, rock salt, limestone and onyx marble, china clay, dolomite, fire clay, gypsum, silica sand and granite,
as well as precious and semi- precious stones. This sub-sector contains 14.4 % share of the industrial sector and
contributes2.9% in GDP of the country. Mining and quarrying has recorded a growth of3.8% against the last year
growth of 1.6%.
1.5
11
The Government of Balochistan has implemented the National Mineral Policy-1995 which provides appropriate
institutional arrangements, a modern regulatory frame work, and equitable and internationally competitive
fiscal
programme
to
expand
mineral
database.
In pursuance of National Mineral Policy 1995, the Government of Balochistan has created the department of
Mines and Mineral Development Department in March 2002. With the implementation of National Mineral
Policy and formulation of Balochistan Mineral Rules 2002, several National / Multinational Foreign Mining
Companies have responded favorably for the exploration and development of Mineral potential of the province.
1.6
Objectives of MMDD:
To enhance the revenue, economic and social impact of mining activities on the local and regional
development.
To ensure the contribution of the mining sector to poverty alleviation. This will be achieved through the
empowerment of the communities for the local management of the mineral wealth. Government of
Balochistan is committed to the development of the mineral resources to achieve the economic
development of the province and the objective of its economic policy
The Government of Balochistan is launching major policy initiatives to expand mineral sector activity
mainly through private investment, improvement of small and large scale mining.
12
1.7
Secretary
Additional Secretary
1.8
S.O (Admn:)
Director General
Mines & Minerals Development
S.O (Coord:)
Commissioner
Mines Labour Welfare Organization
13
Vol
% Total
Density
Tonnes
Total
CnsCu
Cu
cu.m
t/m3
Mt
Cu %
Total
0.3
41.3
2.62
108.4
0.72
0.60
Indicated
0.3
35.7
2.62
93.5
0.73
0.61
Inferred
0.3
5.6
2.62
14.8
0.60
0.50
Note: Classification of the resources is based on the Australian Code for reporting Identified Mineral Resources
and Ore Reserves. September 1999 (JORC code).
Note Added
Subsequently during 2004 TCC drilled another 30~ diamond drill holes in Tanjeel deposit, all intersecting
14
mineralized zone. Any upgradation in the resource position, as a result of these hole is however not available.
MINERAL PROCESSING
Signet Engineering Pty Ltd (Signet) evaluated a number of process alternatives to produce capital and operating
costs to an accuracy of 30% for two processing options. These options are for a flotation concentrator
producing a sulphide concentrate, and a bio-heap leach operation producing cathode copper via solvent
extraction and electro winning.
The concentrator option will include primary crushing followed by SAG milling to produce a grind size of 80%
passing 120m. The suitability of SAG milling has been assumed on the basis of the moderate ore hardness and
the apparent physical nature of the ore. The flotation section will comprise a bulk sulphide, rougher flotation
stage, followed by regrinding of the rougher concentrate prior to cleaning. The flotation concentrate will be
filtered and transported to Karachi for shipment.
The bio-heap leach process will comprise a three-stage crushing circuit followed by acid agglomeration. The ore
will be stacked on the leach pads to a height of 6m and irrigated at a rate of 6L/h/m. The process will include a
two-stage leach, with the final PLS being processed by solvent extraction and electro winning (SX-EW) to
produce copper metal as cathode.
Power for the project will be generated on site in a stand-alone power station fuelled with heavy furnace oil
(HFO). Water will be supplied from a dedicated bore field located 55km from the project site, and delivered via
an above-ground steel pipeline.
15
The Biox process option will be used with a fixed recovery on total copper of 82%.
The project has a mine life of 14 years including an 18-month construction period.
Steady state copper production will be nominally 40,000 tons per annum and the project will produce
482,000 tons of copper over the life of the mine.
The Base Case Option has a total mining inventory of 79.4 million tons. Based on the Resource
Classification and the level of work undertaken for this scoping study, the Reserve is estimated to be 78
million tons with a total copper grade of 0.7% calculated at an economic cut off equivalent to 0.3% total
copper. This Reserve is classified as Probable according to JORC 1999.
The remainder of the inventory (1.8 million tons) comprises Inferred resource scheduled at the end of
the mine life. It is SRKs opinion that inclusion of this material in the cash flow is not material and will
not adversely effect project viability if excluded.
It is SRKs opinion that the project appears reasonably robust and would warrant further detailed
investigation.
1.9 Objective for Selection of Contractor/Consortium to undertake the Project
MMDD / Client intends to engage a Contractor/Consortium through a competitive bidding process, for
undertaking Consultancy Services for the Project titled BIDDING FOR MINING RIGHTS OVER TANJEEL
COPPER DEPOSIT, DISTRICT CHAGAI, BALOCHISTAN
1.10 Selection of Contractor/Consortium for the Project
In the backdrop of above, the Client desires to select a Firm/Consortium, possessing sufficient capabilities
and relevant experience of similar assignments, through competitive Bidding Process adopting single
stage two envelop procedure to act as Contractor to undertake Consultancy Services as per scope of work
defined in Section - C: Terms of Reference, of this RFP.
TIME TABLE
Uploading of RFP on BPPRA website:
16
GENERAL
B.1
1.1
Scope of proposal
The Client as defined in the Bidding Data (hereinafter called the Client) wishes to receive proposals
(Technical & Financial) for the Services summarized in the Terms of Reference (TOR) (hereinafter
referred to as the Services).
Bidders must quote for the complete scope of services. Any proposal covering partial scope of services
will be rejected as non-responsive.
1.2
Source of Funds
The Client has arranged sufficient funds to defray the expenses to complete the Services to be rendered
under the Contract for which these Bid Documents are issued.
1.3
B.2
Cost of Proposal
The bidder shall bear all costs associated with the preparation and submission of its Proposal including
cost of attendance at pre-bid meeting or at bid opening and the Client will in no case be responsible or
liable for those costs, regardless of the conduct or outcome of the bidding process.
B.3
BIDDING DOCUMENTS
3.1
In addition to Invitation for proposals, the Bidding Documents are those stated below, and should be
read in conjunction with any Addendum issued for the purpose:
i.
ii.
iii.
iv.
v.
vi.
B.4
4.1
Any prospective Bidder requiring any clarification(s) in respect of the Bidding Documents, are requested
to notify the Client in writing at the Clients address and within the time frame as indicated in the Letter
of Invitation for Proposals. The Client will respond to any request for clarification which he receives prior
to the deadline for submission of queries. Client is however not bound to respond to any query, which
in its own judgment is vague or irrelevant.
Copies of the Clients response will be forwarded to all bidders, to whom Bid Documents stand issued,
4.2
B.5
B.6
PREPARATION OF PROPOSALS
6.
Language of Proposal
6.1
The Proposal and all correspondence and documents related to the proposal exchanged by a Bidder and
the Client shall be in the English language. Supporting documents and printed literature furnished by
the Bidders may be in any other language provided the same are accompanied by an accurate
translation of the relevant parts in the English language in which case, for purposes of interpretation
and evaluation of the tender, the English translation shall prevail.
6.2
The Technical Proposal shall provide the information indicated in the following list using the attached
Standard Forms of Technical Proposal.
Form Tech-1, Technical Proposal Submission Form
Form Tech-2, Bidders Organization & Experience
A- Bidders Organization
B- - Bidders Experience
Form Tech-3, Omitted
Form Tech-4, Description of Approach, Methodology and Work Plan for Performing the Assignment
6.3
indicated
in
the
B.7
B.8
Sufficiency of Proposal
Each bidder shall satisfy himself before submitting proposal as to the correctness and sufficiency of his
18
proposal and of the rates and prices entered in the Financial Proposal, which rates and prices shall
except in so far as it is otherwise expressly provided in the Contract, cover all his obligations under the
Contract and all matters and things necessary for the proper completion of the Services.
The bidder is advised to obtain for himself at his own cost and responsibility all information that may
be necessary for preparing the bid (Technical & Financial Proposals) and entering into a Contract for
provision of Services.
B.9
An authorized representative of the Bidder shall initial all pages of the original Technical and Financial
Proposals. The authorization shall be in the form of a written power of attorney accompanying the
Technical Proposal demonstrating that the representative has been duly authorized to sign. The signed
Technical and Financial Proposals shall be marked ORIGINAL.
The Technical Proposal shall be marked ORIGINAL or COPY as appropriate. The Bid must comprise
the number of copies of Technical Proposal as indicated in the Bidding Data. All required copies of the
Technical Proposal are to be made from the original. If there are discrepancies between the original
and the copies of the Technical Proposal, the original governs.
The original and all copies of the Technical Proposal shall be placed in a sealed envelope clearly marked
TECHNICAL PROPOSAL Similarly, the original Financial Proposal shall be placed in a separate sealed
envelope clearly marked FINANCIAL PROPOSAL followed by the name of the assignment, and with a
warning DO NOT OPEN WITH THE TECHNICAL PROPOSAL. The envelopes containing the Technical
and Financial Proposals shall be placed into an outer envelope and sealed. This outer envelope shall
bear the submission address and title of the Assignment, clearly marked DO NOT OPEN, EXCEPT IN
PRESENCE OF THE OFFICIAL APPOINTED, BEFORE SUBMISSION DEADLINE.
If the Financial Proposal is not submitted in a separate sealed envelope duly marked as indicated above,
this will constitute grounds for declaring the Bid non-responsive.
B.12 Omitted
B.13 SUBMISSION OF PROPOSAL
13.
13.1
The Proposal shall be delivered in person or sent by registered mail at the address to Client as given in
Bidding Data.
13.2
Proposals must be delivered to the Client at the address/provided in Bidding Data not later than the
time and date stipulated therein i.e. on or before February 9, 2017 at 12 Noon.
13.3
Proposals submitted through telegraph, telex, fax or e-mail shall not be considered.
13.4
Any Proposal received by the Client after the deadline for submission prescribed in Bidding Data will be
returned unopened to such bidder.
21
The Client shall open the Technical Proposal, in the presence of Bidders who chose to attend,
immediately after the deadline for their submission. The envelopes with the Financial Proposal shall
remain sealed and securely stored.
14.2
The Consultant Selection committee (as notified by the Client) shall evaluate the Technical Proposals
on the basis of their responsiveness to the Terms of Reference, applying the evaluation criteria, subcriteria, and point system specified in Evaluation Criteria at Annexure 5. A Proposal shall be rejected at
this stage if it does not respond to important aspects of the bid, and particularly the Terms of Reference
or if it fails to achieve the minimum technical score indicated in the Evaluation Criteria.
14.3
After the completion of technical evaluation, the Client shall notify in writing to Bidders that have
secured the minimum qualifying marks, the date, time and location for opening of the Financial
Proposals. The opening date shall be set so as to allow interested Bidders sufficient time to make
arrangements for attending the opening.
14.4
Financial Proposals shall be opened publicly in the presence of the Bidders representatives who choose
to attend. The Financial Proposal of the Bidders who met the minimum qualifying mark will then be
inspected to confirm that they have remained sealed and unopened. These Financial Proposals shall be
then opened, and the total prices read aloud and recorded.
14.5
To assist in the examination, evaluation and comparison of Bids the Client may, at its discretion, ask the
bidder for a clarification of its Bid. The request for clarification and the response shall be in writing and
no change in the price or substance of the Bid shall be sought, offered or permitted.
14.6
22
15.2
Not withstanding Sub-Clause IB.15.1, the Client reserves the right to annul the bidding process and reject
all bids, at any time prior to award of Contract, without thereby incurring any liability to the affected
bidders or any obligation to inform the affected bidders of the grounds for the Clients action. Notice of
the rejection of all the bids shall be given promptly to all the bidders.
16.3
Prior to expiration of the period of bid validity prescribed by the Client, the Client will notify the
successful bidder in writing (Letter of Acceptance) that his bid has been accepted.
Within seven (7) days or any extended period as notified by the Client from the date of furnishing of
acceptable Performance Security under the Conditions of Contract, the Client will send the successful
bidder the Form of Contract Agreement provided in the Bidding Documents, incorporating all
agreements between the parties.
The formal Agreement between the Client and the successful bidder shall be executed within seven (7)
days, or any extended period as notified by the Client, of the receipt of Form of Contract Agreement by
the successful bidder from the Client.
17.2
The successful bidder shall furnish to the Client a Performance Security in the form and the amount
stipulated in the Conditions of Contract within a period of fourteen (14) days, or any extended period
as notified by the Client, after the receipt of Letter of Acceptance.
Failure of the successful bidder to comply with the requirements of Sub-Clauses of Performance
Security, Signing of Agreement and Integrity Pact shall constitute sufficient grounds for the annulment
of the award and forfeiture of the Bid Security.
The Government of Balochistan requires Consultant participating in its projects to adhere to the
highest ethical standards, both during the selection process and throughout the execution of an
agreement. In pursuance of this policy, the Government of Balochistan:
(i)
defines, for the purpose of this paragraph, the terms set forth below as follows:
a. corrupt practice means the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of a public official in the selection
23
(b)
will reject a proposal for award if it determines that the bidder recommended for award has,
directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in
competing for the agreement in question;
(c)
will sanction a bidder, including declaring the bidder ineligible, either indefinitely or for a stated
period of time, for award of agreement if at any time it determines that the bidder had, directly
or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing
for, or in executing the agreement; and
19.2
Bidder shall furnish information on commissions and gratuities, if any, paid or to be paid to agents
relating to this proposal and during execution of the assignment if the bidder is awarded the Agreement.
24
BIDDING DATA
The following specific data shall complement, amend, or supplement the provision in the Instructions to Bidders.
Whenever there is a conflict, the provisions herein shall prevail over those in the Instructions to Bidders:
Instruction to
Bidders
Description
Clause
Reference
A-1.1
9.3
10.1
Bid Security
2% 0f Bid amount
11.1
Validity of Bids
120 (One Hundred & Twenty) days from last date of submission of
Bids
11.6
13.1
25
13.2
Date
I.
II.
III.
IV.
V.
of Technical Proposals
VI.
VII.
VIII.
21 December 2016
24 February 2017
27 February 2017
26
GOB expects that only those consulting firms would respond to RFP who have expertise in hand relevant to
entire technical disciplines required for preparing techno-economic detailed design and engineering of large
mining projects and have demonstrable experience of providing similar consultancy to a client government
concluding into a successful mining operation. Since the issues concerning development of a large mining
project span over domain of many government departments, GOB has set up an Balochistan Mineral Resources
Development Board (BMRDB) for over viewing the propriety of all actions by the consultants and certifying
transparency of the entire process, with whom the consulting firm would be required to interact explicitly and
proactively.
The Scope of Work (SOW) for consultancy services required from the Consulting Firm involves but not limited
to the following summarized are as:
a) Prepare a summary of available data and technical/Financial reports on Tanjeel.
b) Prepare a summary of relevant policies/laws/regulations applicable to the development of Tanjeel.
c) Draft minimum acceptable technical and financial standing of the potential bidders.
d) Submit First Progress Report for review and approval of the Client.
e) Draft optimal project development and production parameters and construct different viable
scenarios for project construction and production.
f)
Draft a model contract between the Entity designated by GOB and the prospective Tanjeel
Developer.
27
g) Establish a legal and technical data room for access to prospective Tanjeel Developers who were
issued Requests For Proposals by GOB after advertisement in some leading dailies of Pakistan The
Dawn and The Jang, and in Mining Journal [http://www.mining-journal.com/] to solicit
Expression of Interest from international mining companies to develop and exploit Tanjeel on fast
track basis with paramount consideration of maximum value addition within the country, providing
maximum benefits to the people and Government of Balochistan and assuring future sustainable
development.
h) Ensure that access to the data room is under controlled supervision and no document in any form
is to be taken out from the data room without proper record.
i)
Submit Second Progress Report for review and approval of the Client.
j)
Due diligence of the mining companies who have submitted Technical Proposals to minimize the
risk of being faced with speculative proposals at a later stage.
k) Evaluation of Technical Proposals, and shortlist companies to whom the Requests for Proposal
[RFP] are to be issued, keeping in view the findings of Due Diligence Report.
l)
Assemble the draft RFP package based on (a) to (f) above, describing bid evaluation criteria including
the minimum acceptable technical score to qualify for consideration of financial proposal, relative
weightings of the technical and financial scores and the negotiable matters. [In case RFP Package
has already been issued by GOB, the Consulting Firm shall review the same for issuing any
amendment to RFP, considered necessary in the interest of GOB or for ensuring better response from
mining companies]
m) Circulate the draft RFP Package to the relevant government departments and to the shortlisted
mining companies for their views and suggestions.
n) Coordinate field visits for short-listed mining companies.
o) Conduct meeting(s) with the shortlisted mining companies, respond to the queries raised by the
applicants, process / interpret the queries; suggest plausible replies and record
proceedings/minutes.
p) Revise the draft RFP package according to feedback from the government departments and the
shortlisted mining companies and submit for approval of Balochistan Mineral Resources
Development Board (BMRDB).
q) Submit Third Progress Report for review and approval of the Client.
r) Issue the final RFP package to short-listed mining companies.
s) Transparent Recording of technical and financial proposals received by due date and time and its
safekeeping.
28
3.
subject to the condition that the qualification/experience/specification would not be the less than the
requirement specified in RFP.
4.
6.
Consortium member as that of the replaced team leader. Moreover, the team leader will have to
physically stay at Project site till the completion of the Project.
In case, during the execution phase of the Project, it is revealed to the Client that the Project team or any
member thereof deputed by the Consultant does not have the skill set required for effective Consultancy
Services, the Consultant shall forthwith replace such member of the Project team with a member
possessing the required skill set.
7.
8.
INSTRUCTIONS TO APPLICANTS
No Applicant may qualify if it owns more than five per cent (5%) of the shares (directly or indirectly, in
terms of voting rights and/or rights to dividends) of another Applicant.
No Applicant may qualify if it has any representative on the Board of Directors of another Applicant.
No Firm or Applicant member may qualify if any of the Clients advisors or external consultants holds any
shares or has any representatives in the Board of Directors of the Applicant.
Notwithstanding the foregoing, an Applicant may qualify if it can present evidence reasonably satisfactory
to the Client that arrangements have been established such that any such cross shareholdings do not
materially affect the independent decisions of the Applicant in which such cross shareholding exists.
8.6 Ineligibility of an Applicant
If an Applicant has been barred by any Central, State or local government or government instrumentality
in Pakistan or in any other jurisdiction to which the Applicant belongs or in which the Applicant conducts
its business, from participating in any project, and the bar subsists as on the Technical Proposal Submission
Deadline, such entity shall not be eligible to submit an Technical Proposal, either individually or as a
member of an Applicant Consortium.
8.7 Qualification Criteria
Each Applicant's general and particular experience, personnel and financial position, as demonstrated by
the Applicant's responses in the prescribed forms will be evaluated as per qualification criteria given in
this RFP. The Client reserves the right to waive minor deviations, if these do not materially affect the
capability of an Applicant to perform the contract.
Sub-Consultant(s) experience and resources shall not be taken into account for determining the
Applicants compliance with the qualification criteria.
8.8 Partnering between Qualified Applicants
Any qualified Applicant shall be precluded from partnering (directly or indirectly) with another qualified
Applicant without the express written approval of the Client, who shall be free to accept or refuse at its
discretion, and in all cases taking into account the likely effects of the proposed partnering on the
competitiveness of the Bidding Process. If the Applicant is a Consortium, the above procedure shall apply
to all members of the Applicant.
8.9Partnering between Prequalified Applicant and Non-Prequalified Applicant
Non-qualified Applicant shall not be entitled to partner with a prequalified Applicant.
32
33
2.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Bid shall comprise a single package containing two separate envelopes. Each envelope shall contain
separately the financial proposal and the technical proposal;
Envelopes shall be marked as FINANCIAL PROPOSAL and TECHNICAL
PROPOSAL in bold and legible letters to avoid confusion;
Initially, only the envelope marked TECHNICAL PROPOSAL shall be opened;
Envelope marked as FINANCIAL PROPOSAL shall be retained in the custody of the
Procuring Agency without being opened;
Procuring Agency shall evaluate the technical proposal in a manner prescribed in advance, without
reference to the price and reject any proposal which does not conform to the specified
requirements;
No amendments in the technical proposal shall be permitted during the technical evaluation;
Financial proposals of technically qualified bids shall be opened publicly at a time, date and venue
announced and communicated to the bidders in advance;
Financial proposal of bids found technically non-responsive shall be returned un-opened to the
34
(j)
2.3
Test of Responsiveness
Prior to detailed evaluation of Technical Proposals, MMDD shall determine whether each Technical
Proposal is responsive to the requirements of this RFP. A Technical Proposal shall be considered
responsive only if:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
It is duly signed and each page is initialed on behalf of the Applicant by the duly authorized
representative;
It is prepared and received as per the formats and Annexure given in Section E and Section F of
this RFP;
Received by the Technical Proposal Submission Date including any extension thereof if any;
It is sealed and bound together in hard cover and marked as stipulated in the above clauses;
It is accompanied by the latest three years Audited Financial Statements;
It is accompanied by the Power(s) of Attorney in accordance with Annexure 2 and Annexure
10 of Section G of this RFP;
It is accompanied by the Affidavit in accordance with Annexure-3 of Section G of this RFP;
It is accompanied by the Parent Company Letter of Comfort (if applicable) in accordance with
Annexure 4 of Section G of this RFP; and
It does not contain any condition i.e. it is unconditional.
MMDD reserves the right to reject any Technical Proposal which is non-responsive and no request
for alteration, modification, substitution or withdrawal shall be entertained in respect thereof.
The composition of the Consortium shall not be permitted to be changed modified or varied.
35
If Yes
Description of Document
Not
No.
Page No
NO
Organization
2
duly filled
Form Tech-2, B-Bidders
Experience duly
3
filled
O
Form Tech-4, Description
4
f Approach,
Assignments
36
YES
Power of Attorney
10
Bid Security
Bidders Experience
TECH-4 Description of the Approach, Methodology and Work Plan for Performing the Assignment
TECH-5Team Composition and Task Assignments
TECH-6 Curriculum Vitae (CV) for Proposed Professional Staff
TECH-7 Staffing Schedule
TECH-8 Work Schedule
37
38
B - Bidders Experience
1. [Using the format below, provide information on the relevant assignment successfully completed by the
bidder in the past]
2. [Bidders are requested to provide following information for each of their associates (if any)]
3. [Bidders are requested to provide following details for evaluation as per Evaluation Criteria]
4. [Failure to provide information on prescribed format may result in reduction in score]
Assignment name:
Client name with proposal, address, phone, fax
and E-mail
Duration of assignment (months):
Start Date (monthly/ yearly)
Completion date: (monthly/ yearly)
Name of associate if any:
Narrative description of assignments/ services:
39
SECTION
II - Details of top four projects as selected/stated by the firm/consortium from its portfolio of
projects, based on its relevance to scope of work and also based on the value/cost of the
projects (in PKR)
1.
Name of Project:
Country of Execution:
2.
3.
4.
5.
Date of Award:
6.
Date of Completion:
40
FORM TECH-4 DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR PERFORMING THE
ASSIGNMENT
[Technical approach, methodology and work plan are important components of the Technical Proposal. You are
suggested to present your Technical Proposal divided into the following three concise segments:]
a) Technical, Legal and Financial Analytical Approach and Methodology,
b) Work Plan, and
c) Organization and Staffing,
a)
In this segment, you should explain your understanding of the objectives of the assignment, approach to the
services, methodology for carrying out the activities and obtaining the expected output, and the degree of detail
of such output. You should highlight the problems being addressed and their importance, and explain the
technical approach you would adopt to address them. You should also explain the methodologies you propose
to adopt and highlight the compatibility of those methodologies with the proposed approach.
b)
Work Plan.
In this segment, you should propose the main activities of the assignment, their content and duration, phasing
and interrelations, milestones (including interim approvals by the Client), and delivery dates of the
reports/tasks. The proposed work plan should be consistent with the technical approach and methodology,
showing understanding of the Scope of Work and ability to translate them into a feasible working plan. The work
plan should be consistent with the Work Schedule of Form TECH-8.
c)
In this segment, you should propose the structure and composition of your team. You should list the main
disciplines of the assignment, the key experts responsible, and proposed technical and support staff.
41
CNIC
Position
Area of Expertise
No./Passport No.
Task Assigned
Assigned
42
FORM TECH-6
1. Proposed Position [only one candidate shall be nominated for each position]:
4. Date of Birth:
Nationality:
or Passport No:
6. Education :
Degree
Major/Minor
Institution
Date (MM/YYYY)
43
Employer
Position
From (MM/YYYY)
To (MM/YYYY)
10. Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes
myself, my qualifications, and my experience. I understand that any wilful misstatement described
herein may lead to my disqualification or dismissal, if engaged.
Date:
44
Day/Month/Year
Year:
__________
Name
of Staff
Feb
[Home]
1
[Field]
45
Mar
Apr
May
June
July
Aug
Sep
46
Year:
__________
Activity
1
Feb
Mar
Apr
May
June
July
4
5
[Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal
according to the instructions provided in the Bidding Documents]
FIN-1
FIN-2
Summary of Costs
FIN-3
FIN-4
FIN-5
48
FORM FIN-1
FINANCIAL PROPOSAL SUBMISSION FORM
[Location, Date]
To,
Director General
Mines & Mineral Development Department
Balochistan
Link Sariab Road, Quetta, Pakistan
Tel +92 81 9211167
Fax: +92 81 9211168
Email: mines@balochistan.gov.pk
Assignment Name: CONSULTANCYSERVICES FOR PREPARATIONANDDOCUMENTATION (AS PER
SCOPE OF WORK) FOR THE PROJECT BIDDING FOR MINING RIGHTS OVER
TANJEEL COPPER DEPOSIT, DISTRICT CHAGAI, BALOCHISTAN, PAKISTAN
Dear Sir,
1. Having examined the Bidding Documents including Instructions to Bidders, Bidding Data, Conditions
of Contract, Contract Data, Specifications, Terms of Reference and Addenda Nos. (if any) _____ for
providing Services for the above-named assignment, we hereby offer to provide Services and
complete the assignment therein in conformity with the said Documents including Addenda thereto
for the Total Bid Price of Rs________________ (Rupees_________________________). This
amount is inclusive of the taxes.
2. We undertake, if our Financial Proposal is accepted, to commence the Services and to deliver and
complete the Services comprised in the Contract within the time(s) stated in Contract Data.
3. We agree to abide by this Financial Proposal for the period of 120 days from the date fixed for
receiving the same and it shall remain binding upon us and may be accepted at any time before the
expiration of that period.
4. Unless and until a formal Agreement is prepared and executed, this Financial Proposal, together
with your written acceptance thereof, shall constitute a binding contract between us.
5. We undertake, if our Financial Proposal is accepted, to execute the Performance Security referred
to in Conditions of Contract for the due performance of the Contract.
6. We understand that you are not bound to accept the lowest or any bid you may receive.
7. We do hereby declare that the Financial Proposal is made without any collusion, comparison of
figures or arrangement with any other person or persons submitting the Financial Proposal for this
assignment.
49
Item
50
Input
Name
Position
Staff-month Rate
(Staffmonths)
[Home]
[Field]
[Home]
[Field]
[Home]
[Field]
[Home]
[Field]
[Home]
51
Pak Rupees
[Field]
[Home]
[Field]
[Home]
[Field]
[Home]
[Field]
Total Costs
Notes:
1. For Foreign Staff Field means the Pakistan (both the site/Clients office and office of
Consultant in Pakistan)
2. Man Month Rate of each staff must be inclusive of all taxes, overheads, reimbursable, direct
and indirect expanses. No extra payment will be made on any account.
Signature of Authorized Representative________________________
52
Input
Name
Position
Staff-month Rate
(Staffmonths)
[Home]
[Field]
[Home]
[Field]
[Home]
[Field]
[Home]
[Field]
[Home]
53
Pak Rupees
[Field]
[Home]
[Field]
[Home]
[Field]
[Home]
[Field]
Total Costs
Notes:
1. For Local Staff Field means the Site and other related locations other than office of the
Consultant in Pakistan.
2. Man Month Rate of each staff must be inclusive of all taxes, overheads, reimbursable, direct
and indirect expanses. No extra payment will be made on any account.
Signature of Authorized Representative________________________
54
S.No
Description
Amount in Pak Rs
Total Cost
Notes:
1. Where the Consultant does not price any item or insert a dash against any item, the value
thereof will be deemed to be included in the amount(s) contained elsewhere in the
Financial Proposal.
2. The Consultant shall not claim extra cost for any items, necessary to complete the services
as per Terms of Reference, which are not listed in this Financial Proposal. All such costs
deem to have been included in the amounts of other items.
3. Payment will be made as per Schedule of Payment described in the Terms of Reference
(TOR) and no separate payment will be made for above items.
4. International Firms may quote bid in US Dollars, however the financial evaluation will be
carried out in PKR. Conversion rate notified by State Bank of Pakistan at the date of
opening of technical proposals will be applied.
55
SECTION F:
CONDITIONS OF CONTRACT AND CONTRACT DATA
1.2
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
1.5
1.6
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 Authorized
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 Authorized
Representatives specified in Contract Data. A Party may change its address for notice
hereunder by giving the other Party notice of such change.
1.7
Location
The Services shall be performed at such locations as are specified in the Terms of
Reference (TOR) and, where the location of a particular task is not so specified, at such
56
1.9
Performance Security
The Consultant shall furnish to the Client within fourteen (14) days after receipt of Letter
of Acceptance a Performance Security in the form of Bank Guarantee for the amount
and validity specified in Contract Data. Any Guarantee issued by a bank located outside
Pakistan should be counter- guaranteed by a Scheduled Bank of Pakistan.
Provision of Performance Security is a prerequisite of signing of the Contract Agreement.
The issuing bank must be a schedule bank with A rating awarded by Pakistan Credit
Rating Agency [PACRA].
1.10
Programme to be Submitted
The Consultant shall, within fourteen (14) days after the date of signing of the Contract
Agreement, submit to the Client for his consent a programme, in such form and detail
as the Client shall reasonably prescribe, for the provision of services as per Scope of
Work. The Consultant shall, whenever required by the Client also provide in writing for
his information a general description of the arrangements and methods which the
Consultant proposes to adopt for the provision of Services.
1.11
Revised Programme
If at any time if the Client foresees that the actual progress of the Services does not
conform to the programme to which consent has been given, the Consultant shall
produce, at the request of the Client a revised programme showing the modifications to
57
2.
2.1
Effectiveness of Contract
This Contract shall come into force and effect on the date (the "Effective Date") of
signing of the Contract Agreement.
2.2
2.3
2.4
Extension of Time
The Consultant shall, within such time as may be reasonable under the circumstances, notify the
Client of any event(s) falling within the scope of Force Majeure, increase in scope of services (if
any) or any event which Consultant considers to be beyond his control for a reasonable extension
in the time for the completion of Services. Subject to the aforesaid, the Client shall determine
such reasonable extension in the time for the completion of Services as may be justified in the
light of the details/particulars supplied by the Consultant; and the Client shall extend the Time
for Completion as determined, without imposition of penalty pursuant to clause of Late
Completion. If the Client does not accept the justification the Extension will be granted with
imposition of penalty pursuant to the Clause of Late Completion.
2.5
Late Completion
If the Consultant fails to complete the Services within the Time for Completion and the Client
does not accept justification for such delay, the Consultants only liability to the Client for such
failure shall be to pay the amount stated in the Contract Data for each day for which he fails to
complete the Works.
2.6
Expiration of Contract
Unless terminated earlier pursuant to Termination Clause, this Contract shall expire when,
pursuant to the provisions hereof, the Services have been completed and the payments of
remunerations including the direct costs if any, have been made. The Services shall be completed
within the Time for Completion, or such extended time as may be allowed under the clause of
58
Extension of Time.
The term "Completion of Services" is as specified in the Contract Data.
2.7
Force Majeure
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 Sub-Consultant 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.
2.7.2
No Breach of Contract
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 in so far 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.
2.7.3
Extension of Time
59
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 a result of Force Majeure.
2.8
2.9
Termination
2.9.1
Termination of Contract
The Client may terminate this Contract, by not less than fifteen (15) days written notice
of termination to the Consultant, to be given after the occurrence of any of the events
specified in paragraphs (a) through (e) of this Sub-Clause and thirty (30) days' in the case
of the event referred to in paragraph (f):
(a)
(b)
if the Consultant become (or, if the Consultant consist of more than one entity,
if any of their Members becomes) insolvent or bankrupt or enter into any
agreement 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;
(c)
if the Consultant fails to comply with any final decision reached as a result of
arbitration proceedings;
(d)
if the Consultant submits to the Client a statement which has a material effect
on the rights, obligations or interests of the Client and which the Consultant
knows to be incorrect or false;
if, as the result of Force Majeure, the Consultant is unable to perform a material
portion of the Services for a period of not less than thirty (30) days;
if the Client, in its sole discretion, decides to terminate this Contract.
(e)
(f)
2.9.2
Cessation of Services
Upon termination of the contract by the Client, the Consultant shall take all necessary
steps to bring the Services to a close in a prompt and orderly manner and shall make
60
every reasonable effort to keep expenditures for this purpose to a minimum. With
respect to documents prepared, the Consultant shall proceed as per provisions of
relevant clauses.
2.9.3
(b)
Except in the case of termination pursuant to paragraphs (a) through (d) of SubClause Termination of the contract, reimbursement of any costs, determined
reasonable by the Client in its sole discretion would be considered.
3.
3.1
General
The Consultant 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 Consultant 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 Sub-Consultant or third parties.
Consultant Not to Benefit from Commissions Discounts, etc.
3.2
3.3
Intellectual Property
Any intellectual property created by the Consultant as a result of this Contract shall
become the property of the Client upon completion or termination of the Contract,
however, rights of any previous / back ground intellectual property of the Consultant
will remain vested with the Consultant.
61
3.4
3.5
3.7
3.8
(a)
(b)
Entering into a subcontract for the performance of any part of the Services, it
being understood (i) that the selection of Sub-Consultant 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 Consultant shall
remain fully liable for the performance of the Services by the Sub-Consultant
and its Personnel pursuant to this Contract.
Reporting Obligations
The Consultant shall submit to the Client the reports and documents specified in
Appendix A, Terms of Reference (TOR) in the form, in the numbers, and within the
periods set forth in the said Appendix.
4.
4.1
Description of Personnel
The titles, agreed job descriptions, minimum qualifications, and estimated periods of
engagement in the carrying out of the Services of the Consultant's Key Personnel are to
be described in Technical Proposal. The Key Personnel and Sub-Consultant listed by title
62
and/or by name, as the case may be, in Technical Proposal would deem to be approved
by the Client.
4.2
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 Consultant, it
becomes necessary to replace any of the Key Personnel, the Consultant shall
provide as a replacement a person of equivalent or better qualifications;
(b)
If the Client, (i) finds that any of the Personnel have committed serious
misconduct or have 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 Consultant shall, at the Client's written request specifying
the grounds therefore, provide as a replacement a person with qualifications
and experience acceptable to the Client.
(c)
Except as the Client may otherwise agree, the Consultant shall; (i) bear all the
additional costs arising out of or incidental to any removal and/or replacement;
and (ii) bear any additional remuneration, to be paid for any of the Personnel
provided as a replacement to that of the Personnel being replaced.
5.
5.1
5.1.1
Assistance
The Client shall use its best efforts to:
5.1.2
(a)
(b)
Assist to obtain the existing data pertaining or relevant to the carrying out of the
Services, with various Government and other organizations. Such items unless
paid for by the Consultant without reimbursement by the Client, shall be
returned by the Consultant upon completion of the Services under this Contact;
(c)
Coordinate and get or expedite any necessary approval and clearances relating
63
(b)
6.
6.1
6.2
6.3
Currency of Payment
All payment shall be in the currency stated in the Contract Data.
Terms and Conditions of Payment
Payment will be made to the account of the Consultant and according to the payment
schedule stated in the Terms of Reference (TOR). Payments shall be made after
submission of an invoice to the Client specifying the amount due. All the Invoices will be
verified by the Representative of the Client prior to making any payment.
6.4
Period of Payment
Payments will be made within a period not exceeding twenty (20) days from the date of
verification by the Representative of the Client. The Client shall pay to the Consultant
the sum verified by the Representative less Retention Money at the rate stated in the
Contract Data.
6.5
6.6
Additional Services
Additional Services means Services as approved by the Client outside the Scope of
Services described in Appendix A (TOR).
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, such Additional Services shall be
performed with the prior concurrence of both the Parties. The Consultant shall inform
the Client of the additional time (if any), and the additional remuneration and
reimbursable direct costs expenditure for such Additional Services. If there is no
disagreement by the Client within two weeks of this intimation, such additional time,
remuneration and reimbursable direct costs expenditure shall be deemed to become
part of the Contract. Such remuneration and reimbursable direct costs expenditure shall
be determined on the basis of rates provided in the Financial Proposal (if available) and
/ or as agreed by the parties.
64
65
PAYMENT SCHEDULE
The payment to the Consultant will strictly be adhered to the deliverables as per schedule given
below:
Sr.
Deliverables
No.
Payment
from the
Percentage
commencement date)
30
5%
60
10%
15%
105
66
150
30%
210
30%
240
10%
7. INTEGRITY PACT
7.1
Recover from the Consultant an amount equivalent to ten times the sum of any
commission, gratification, bribe, finders fee or kickback given by the Consultant
or any of his Sub-consultant, agents or servants;
(b)
Terminate the Contract and 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 Sub-consultant, agents or servants.
CONTRACT DATA
The following specific data shall complement, amend, or supplement the provision in the
Conditions of Contract. Whenever there is a conflict, the provisions herein shall prevail over
those in the Conditions of Contract:
Conditions of
Contract
Description
Clause
Reference
(b)
(c)
(d)
Conditions of Contract;
(e)
(f)
Terms of Reference;
(g)
(h)
Integrity Pact;
(i)
(j)
(k)
Performance Security
10% of the accepted Financial Proposal valid for six months after the
completion date.
Commencement Date
The commencement date will be the date, seven (07) days after the
Contract comes into effect or any date mutually agreed by the parties
at the time of signing of the agreement.
68
Completion of Services
Means provision of services, deliverables, reports and demonstration
Etc. according to Terms of Reference (TOR) duly accepted by the
Client and complete payment made to the Consultant.
Retention Money
Retention Money will be deducted @ 3%
69
SECTION - G: ANNEXURES
ANNEXURE 1 COVERING LETTER OF BID
Director General
Mines & Mineral Development Department Government of Balochistan
Link Sariab Road, Quetta, Pakistan
Tel +92 81 9211167
Fax: +92 81 9211168
The undersigned,
Name: ______________________
Title/Position: ______________________
Company:
______________________
Acting as the legal representative of the Bidder, M/s ___________, who is interested in
Consultancy Services for the Project, hereby certify, represent, warrant and agree, on behalf of
the Bidder that: This Bid Letter, along with all its attachments hereto including Technical Proposal and Financial
Proposal, forms our Bid and is submitted pursuant to the Request for Proposals (RFP) dated
December 20, 2016 issued by MMDD for the Consultancy Services for the Project.
Having examined and being fully familiar with all the provisions of the RFP (including its
Annexure), receipt of which is hereby duly acknowledged, and having evaluated, following our
own studies undertaken under our responsibility, the nature and scope of the contractual
obligations to be executed, Draft Agreement for Consultancy Services for the Project and any
other regulation associated with the Project or its execution, we hereby offer to undertake the
Consultancy Services for the Project in compliance with all requirements of the RFP.
We hereby agree that our Bid constitutes our firm, irrevocable offer that is binding upon us and
will remain valid until 180 days from the Bid Submission Date (as defined in the RFP). The Bid
validity period may be extended subject to mutual agreement.
We have provided and attached hereto a Bid Bond dated [] issued by [name of issuing
bank] in the amount of PKR 2,000,000 (Two Million Rupees) issued by a first class scheduled bank
(having minimum A or equivalent rating) in Pakistan in accordance with the RFP.
We certify that (i) the information submitted as part of our Bid is complete and accurate and (ii)
we accept the documents, terms and conditions of the RFP and are bound to undertake
Consultancy Services for the Project in accordance with the RFP.
70
We understand the criteria for Test for Responsiveness and the process for selection of
successful Bidder and acknowledge that MMDD is not obligated to accept our Bid and may at
any time reject our Bid at its sole discretion.
We commit ourselves, if required, to extend the validity of our Bid until the issuance of the
Notice to Award/Letter of Acceptance to the successful Bidder, subject to mutual agreement.
We commit ourselves to furnish the Performance Security and to execute Draft Agreement for
Consultancy Services for the Project in the form provided in the RFP in good faith and within the
time period stipulated by MMDD, in case we are advised to do so by MMDD. We acknowledge
that failure to do so shall entitle MMDD to forfeit our Bid Bond.
We further commit ourselves to provide any additional information, clarification and data in
respect of the Bid, if required by MMDD.
In (Location), on this (date)
The undersigned is duly authorized to execute the Bid for and on behalf of the Bidder
_________________________
71
_____________________________
_____________________________
72
ANNEXURE 3 AFFIDAVIT
Date:
To:
Director General
Mines & Mineral Development Department Government of Balochistan
Link Sariab Road, Quetta, Pakistan
Tel +92 81 9211167
Fax: +92 81 9211168
We, [insert name of Applicant] hereby represent and warrant that, as of the date of this letter
[Name of Applicant / Lead Member of Applicant], and each member of Applicant (if applicable):
a.
b.
has not been convicted of, fraud, corruption, collusion or money laundering; and
c.
is not aware of any conflict of interest or potential conflict of interest arising from prior
or existing contracts or relationships which could materially affect its capability to
comply with the obligations in respect of the subject Project for which selection is being
done.
We further represent and warrant that all information and documentation submitted as part of
our Expression of Interest is true and accurate.
We have also attached a clearance certificate duly attested by the chamber of commerce /
registration authority evidencing registration.
Yours sincerely,
Signature of Authorized Signatory
___________________________
_____________________________
_____________________________
_____________________________
73
Director General
Mines & Mineral Development Department Government of Balochistan
Link Sariab Road, Quetta, Pakistan
Tel +92 81 9211167
Fax: +92 81 9211168
Sub:
CONSULTANCY SERVICES FOR THE BIDDING FOR MINING RIGHTS OVER TANJEEL
COPPER DEPOSIT, DISTRICT CHAGAI, BALOCHISTAN, PAKISTAN
Dear [Sir/Madam],
We refer to the Request for Proposal ("RFP") issued by the MMDD, dated ....................., inviting
applications from Applicant firms/consortia for the Project BIDDING FOR MINING RIGHTS OVER
TANJEEL COPPER DEPOSIT, DISTRICT CHAGAI, BALOCHISTAN, PAKISTAN
According to the Request for Proposal (Financial Capacity - Submission of Evidence from Parent
Company), the Applicant Firm, or if the Applicant Firm is a Consortium, at least one of the Consortium
members, may choose to present financial statements from a Parent Company to satisfy Financial
Criteria. For this purpose, the "the Parent Company" means any corporate entity Controlling the
Applicant firm, or if the Applicant firm is a consortium, the relevant consortium member, and
"Control" means having, directly or indirectly, a majority of the voting securities and a majority
representation in the Board of Directors (or other similar constituent body) of the given corporate
entity. In consideration of the above, we hereby confirm and undertake that:
i.
we are the Parent Company of [name of subsidiary], which is seeking to qualify for the Project as
[Applicant firm/consortium Member]; and
ii. we will make available sufficient funds [name of subsidiary] to enable it to meet its obligations
as and when these arise as a result of this pre-qualification process and its subsequent outcome.
Yours faithfully,
[Name of Parent Company]
By:
___________
Name: ___________
Title: ___________
(Authorized signatory)
74
Points
[20]
Max. 4 assignments)
[15]
[10]
[05]
(iii) Key professional staff qualifications and competence for the assignment:
a) Team Leader
[ 15]
[10]
c) Procurement Specialist
[10]
d) Legal Expert
[55]
[10]
75
e) Mining Geologist
[05]
f) Environmental Engineer
[05]
The number of points to be assigned to each of the above positions or disciplines shall be determined
considering the following three sub-criteria and relevant percentage weights:
1) General qualifications
[20%]
[60%]
3) Experience in region
[20%]
Total weight:
100%
[10]
10 points will be awarded for PKR 1000 million (or equivalent in other currencies) or above annual
turnover.
For any amount lower than 1000 million PKR but minimum PKR 500 million annual turnover will be
awarded prorate marks (that means PKR 500 million turnover will get 5 marks and 600 million will get 6
marks)
(Certificate of turnover for last three years issued by Company Auditors is required)
76
In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract.
2.
The following documents after incorporating addenda, if any, shall be deemed to form and
be read and construed as part of this Agreement, viz.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
3.
hereinafter mentioned, the Consulting Firm hereby covenants with the Client to provide and
complete the Services and remedy defects therein in conformity and in all respects with the
provisions of the Contract.
4.
The Client hereby covenants to pay the Consulting Firm in consideration of the provisions
and completion of the Services as per provisions of the Contract, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in
the manner prescribed by the Contract.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day,
month and year first before written.
For and on behalf of the Consulting Firm
______________________[Signature]
_____________________[Signature]
Witness:
_______________________
______________________________
78
CONSULTANCY SERVICES FOR THEBIDDING FOR MINING RIGHTS OVER TANJEEL COPPER DEPOSIT,
DISTRICT CHAGAI, BALOCHISTAN, PAKISTAN
to the said Client; and
WHEREAS, the Client has required as a condition for considering said Bid that the Bidder furnishes a
Bid Security in the above said sum from a Scheduled Bank in Pakistan or from a foreign bank duly
counter-guaranteed by a Scheduled Bank in Pakistan, to the Client, conditioned as under:
(1)
That the Bid Security shall remain in force up to and including the date 40 (forty) days
after the deadline for validity of bids as stated in the Instructions to Bidders or as it may be
extended by the Client, notice of which extension(s) to the Surety is hereby waived;
(2)
That the Bid Security of unsuccessful Bidders will be returned by the Client after
(3)
That in the event of failure of the successful Bidder to execute the proposed Contract
Agreement for such work and furnish the required Performance Security, the entire said sum be
paid immediately to the said Client pursuant to relevant Clause of the Instruction to Bidders for
the successful Bidder's failure to perform.
NOW THEREFORE, if the successful Bidder shall, within the period specified therefore, on the
prescribed form presented to him for signature enter into a formal Contract with the said Client in
accordance with his Bid as accepted and furnish within forty (40) days of his being requested to do
so, a Performance Security with good and sufficient surety, as may be required, upon the form
prescribed by the said Client for the faithful performance and proper fulfillment of the said Contract,
then this obligation shall be void and of no effect, but otherwise to remain in full force and effect.
PROVIDED THAT the Surety shall forthwith pay the Client said sum upon first written demand of the
Client (without cavil or argument) and without requiring the Client to prove or to show grounds or
reasons for such demand, notice of which shall be sent by the Client by registered post duly
addressed to the Surety at its address given above.
PROVIDED ALSO THAT the Client shall be the sole and final judge for deciding whether the Principal
(Bidder) has duly performed his obligations to sign the Contract Agreement and to furnish the
requisite Performance Security within the time stated above, or has defaulted in fulfilling said
requirements and the Surety shall pay without objection the said sum upon demand from the Client
forthwith and without any reference to the Principal (Bidder) or any other person.
IN WITNESS WHEREOF, the above bounden Surety has executed the instrument under its seal on the
date indicated above, the name and seal of the Surety being hereto affixed and these presents duly
signed by its undersigned representative pursuant to authority of its governing body.
SURETY (Bank)
WITNESS:
Signature
1.
Name
Title
2.
80
Guarantee No.____________________
Executed on _____________________
Expiry date _____________________
of
Principal
(Name
of
Consulting
Firm)
with
address:
_________________________________________________________________________________
___________________________Penal Sum of Security (express in words and figures)
_________________________________________________________________________________
________________Letter
of
Acceptance
No.
________________________________Dated
______________KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the Bidding
Documents and above said Letter of Acceptance (hereinafter called the Documents) and at the
request of the said Principal we, the Guarantor above named, are held and firmly bound unto the
Government of Balochistan through __________________ (hereinafter called the Client) in the
penal sum of the amount stated above for the payment of which sum well and truly to be made to
the said Client, we find ourselves, our heirs, executors, administrators and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the said
Letter of Acceptance to the Client for the Consultancy Services for preparation and documentation
(as per scope of work) for the project BIDDING FOR MINING RIGHTS OVER TANJEEL COPPER
DEPOSIT, DISTRICT CHAGAI, BALOCHISTAN,
81
NOW THEREFORE, if the Principal (Consulting Firm) shall well and truly perform and fulfill all the
undertakings, covenants, terms and conditions of the said Documents during the original terms of
the said Documents and any extensions thereof that may be granted by the Client, with or without
notice to the Guarantor, which notice is, hereby, waived and shall also well and truly perform and
fulfill all the undertakings, covenants terms and conditions of the Contract and of any and all
modifications of said Documents that may hereafter be made, notice of which modifications to the
Guarantor being hereby waived, then, this obligation to be void; otherwise to remain in full force and
virtue till all requirements of relevant Clause of , Defects Liability, of Conditions of Contract are
fulfilled.
Our total liability under this Guarantee is limited to the sum stated above and it is a condition of any
liability attaching to us under this Guarantee that the claim for payment in writing shall be received
by us within the validity period of this Guarantee, failing which we shall be discharged of our liability,
if any, under this Guarantee.
We, ____________________________________ (the Guarantor), waiving all objections and
defences under the Contract, do hereby irrevocably and independently guarantee to pay to the Client
without delay upon the Client's first written demand without cavil or arguments and without
requiring the Client to prove or to show grounds or reasons for such demand any sum or sums up to
the amount stated above, against the Client's written declaration that the Principal has refused or
failed to perform the obligations under the Contract which payment will be effected by the Guarantor
to Clients designated Bank & Account Number.
PROVIDED ALSO THAT the Client shall be the sole and final judge for deciding whether the Principal
(Consultant) has duly performed his obligations under the Contract or has defaulted in fulfilling said
obligations and the Guarantor shall pay without objection any sum or sums up to the amount stated
above upon first written demand from the Client forthwith and without any reference to the Principal
or any other person.
82
IN WITNESS WHEREOF, the above-bounden Guarantor has executed this Instrument under its seal
on the date indicated above, the name and corporate seal of the Guarantor being hereto affixed and
these presents duly signed by its undersigned representative, pursuant to authority of its governing
body.
Guarantor (Bank)
Witness:
1. _______________________
Signature _______________
_______________________
Name __________________
_____________________
83
Without limiting the generality of the foregoing, [Name of Consulting Firm] represent and warrant
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, finders 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 / GOB, except that which has been expressly
declared pursuant hereto.
[Name of Consulting Firm] 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 / GOB and
has not taken any action or will not take any action to circumvent the above declaration,
representation or warranty.
[Name of Consulting Firm] 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 GOB under any law, contract or other instrument, be
voidable at the option of GOP / GOB.
Notwithstanding any rights and remedies exercised by GOB in this regard, [Name of Consulting Firm]
agrees to indemnify GOB for any loss or damage incurred by it on account of its corrupt business
practices and further pay compensation to GOB in an amount equivalent to ten times the sum of any
84
commission, gratification, bribe, finders fee or kickback given by [Name of Consulting Firm] 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 GOB.
Signature:
Signature:
[Seal]
[Seal]
85
Whereas, the Mines and Mineral Development Department Balochistanhas invited proposals from
interested parties for the Consultancy Services for the Project
BIDDING FOR MINING RIGHTS OVER TANJEEL COPPER DEPOSIT, DISTRICT CHAGAI,
BALOCHISTAN, PAKISTAN
Whereas, the undersigned members of the Consortium are interested in bidding and subsequently
undertaking the Consultancy Services for the Project in accordance with the terms and conditions of
the Request for Proposal Document (RFP document) and other connected documents in respect of
the Project.
Whereas, it is necessary under the RFP document for the members of the Consortium to designate
one of them as the Lead Member with all necessary power and authority to do for and on behalf of
the Consortium, all acts, deeds and things as may be necessary in connection with the Consortiums
bid for the Consultancy Services for the Project.
NOW
THIS
POWER OF
ATTORNEY
WITNESSETH
THAT;
We,
respective names and addresses of the registered offices of the Consortium members) do hereby
designate M/s ________________ being one of the members of the Consortium, as the Lead
Member of the Consortium, to do on behalf of the Consortium, all or any of the acts, deeds or things
86
necessary or incidental to the Consortiums bid for the Consultancy Services for the Project, including
submission of application / proposal, participating in conferences, responding to queries, submission
of information / documents and generally to represent the Consortium in all its dealings with MMDD,
any other Government Agency or any person, in connection with the Consultancy Services for the
Project until culmination of the process of bidding. The Lead Member of the Consortium is also
authorized to execute the Agreement for Consultancy Services for the Project as mandated by the
RFP documents with MMDD on our behalf and to receive all payments, incur liabilities and obligations
and exercise rights under the Agreement for Consultancy Services for the Project on our behalf. We
hereby agree to ratify all acts, deeds and things lawfully done by the Lead Member pursuant to this
Power of Attorney and that all acts deeds and things done by our aforesaid attorney shall and shall
always be deemed to have been done by us/Consortium.
Note: The mode of execution of the Power of Attorney should be in accordance with the procedure,
if any, laid down by the applicable law and the charter documents of the executant(s) and when it is
so required, the same should be under common seal affixed in accordance with the required
procedure.
87
REQUEST FOR PROPOSALS DATED [-] FOR CONSULTANCY SERVICES FO THE PROJECT
BIDDING FOR MINING RIGHTS OVER TANJEEL COPPER DEPOSIT, DISTRICT CHAGAI,
BALOCHISTAN, PAKISTAN
Dear Sir,
We are writing with reference to the subject RFP and the Consultancy Services for the Project and
the Bid being submitted by [-] [in case of Bidding Consortium mention name of the Lead Consortium
Member and specify the names of Consortium Members] (collectively the "Consortium Members")
in respect of the Consultancy Services for the Project.
We hereby confirm the following:
each Consortium Member, including us, shall be jointly and severally liable in respect of the actions
and conduct of the other Consortium Members in relation to the Bid, and if the Bid is successful, for
the discharge of all liabilities and obligations of the Consortium;
full details of the joint bidding arrangement and/or composition and nature of the Consortium have
been or will, immediately upon request of MMDD, be disclosed by the Consortium Members to
MMDD; the Bid has been signed so as to be legally binding in its entirety on all of the Consortium
Members;
The Lead Member of the Consortium has been exclusively and validly authorized by each Consortium
Member, including us, to incur obligations and liabilities and to receive communications on behalf of
any or all the Consortium Members in connection with the Bid, to negotiate and execute the Draft
Agreement for Consultancy Services for the Project on their behalf and to incur liabilities and
obligations, receive payments and exercise rights on their behalf under the Draft Agreement for
Consultancy Services.
For and on behalf of [-]
Signature [-]
(Authorized Signatory of respective Consortium Member)
Name of the Person [-]
Designation [-]
88
3. Consulting Firms are legally registered with their respective countries Consultancy
Registering Authorities.
4. Consulting Firms are not black listed by any legal entity.
5. Consulting firms who are legally and financially autonomous.
9. Consulting firms having done successfully at least two assignments of the same type
as the present RFP.
10. Consulting firms having a minimum average annual turnover of PKR. 500 million [or
equivalent in other currencies] in the last last 3 years.
89