Você está na página 1de 90

REQUEST FOR PROPOSAL (RFP)

INSTRUCTIONS TO PROSPECTIVE BIDDERS


REQUEST FOR PROPOSAL FROM INTERNATIONAL FIRMS/ CONTORTIA
FOR THE PROJECT
BIDDING FOR MINING RIGHTS OVER TANJEEL COPPER DEPOSIT, DISTRICT CHAGAI,
BALOCHISTAN

DIRECTOR GENERAL MINES AND MINERAL DEVELOPMENT DEPARTMENT GOVERNMENT OF


BALOCHISTAN

Directorate General Mines and Mineral Development Department Balochistan,


Link Sariab Road, Quetta, Pakistan
TEL+92 81 9211167 FAX: +92 819211168
Email: mines@balochistan.gov.pk

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

BRIEF INTRODUCTION ...................................................................................................................... 10

SECTION B: BIDDERS AND BIDDING DATA .................................................................................................... 17


B.1

Scope of Bid & Source of Funds .......................................................................................................... 17

B.2

Cost of Proposal .................................................................................................................................. 17

B.3

BIDDING DOCUMENTS ........................................................................................................................ 17

B.4

Clarification of Bidding Documents ................................................................................................... 17

B.5

Amendment of Bidding Documents .................................................................................................... 17

B.6

PREPARATION OF PROPOSALS ............................................................................................................ 18

B.7

Documents Comprising the Proposal .................................................................................................. 18

B.8

Sufficiency of Proposal ........................................................................................................................ 18

B.9

Bid Prices, Currency of Bid and Payment ............................................................................................ 19

B.10

Bid Security.......................................................................................................................................... 19

B.11

Validity of Proposals, Format and Signing of proposal ....................................................................... 20

B.12

Omitted ............................................................................................................................................... 20

B.13

SUBMISSION OF PROPOSAL ................................................................................................................ 20

B.14.

BID OPENING AND EVALUATION..................................................................................................... 22

B.15

AWARD OF CONTRACT ........................................................................................................................ 23

B.16

Notification of Award & Signing of Contract Agreement .................................................................... 23

B.17 Performance Security ............................................................................................................................. 23


B.18 Integrity Pact ........................................................................................................................................... 23
B.19 Fraud and Corruption.............................................................................................................................. 23
BIDDING DATA ............................................................................................................................................ 25
PROPOSED BIDDING SCHEDULE ................................................................................................................... 26
SECTION - C: TERMS OF REFERENCE ............................................................................................................. 27
SCOPE OF WORK OF THE PROJECT...................................................................................................................... 27
INSTRUCTIONS TO APPLICANTS ................................................................................................................... 31
SECTION D: SUBMISSION AND EVALUATION OF TECHNICAL PROPOSALS ...................................................... 33
1. SUBMISSION OF TECHNICAL PROPOSAL ..................................................................................................... 33
2

2.

EVALUATION OF TECHNICAL PROPOSAL ................................................................................................. 34

Check List for Technical Proposal ........................................................................................................................ 36


FORM TECH-1 TECHNICAL PROPOAL SUBMISSION FORM .................................................................................. 38
FORM TECH-2 BIDDERS ORGANIZATION AND EXPERIENCE ............................................................................... 39
SECTION E: SUBMISSION AND EVALUATION OF FINANCIAL PROPOSALS ....................................................... 47
FORM FIN-1 ................................................................................................................................................ 49
FINANCIAL PROPOSAL SUBMISSION FORM .................................................................................................. 49
SECTION F: .................................................................................................................................................. 56
CONDITIONS OF CONTRACT AND CONTRACT DATA ...................................................................................... 56
PAYMENT SCHEDULE .......................................................................................................................................... 66
SECTION - G: ANNEXURES............................................................................................................................ 70
ANNEXURE 1 COVERING LETTER OF BID ....................................................................................................... 70
Annexure 2 POWER OF ATTORNEY BY CONSORTIUM MEMBERS IN FAVOUR OF AUTHORIZED SIGNATORY
OF THE LEAD MEMBER OF THE CONSORTIUM ................................................................................................... 72
ANNEXURE 3 AFFIDAVIT ................................................................................................................................ 73
ANNEXURE - 4

PARENT COMPANY LETTER OF COMFORT .............................................................................. 74

ANNEXURE 5 EVALUATION CRITERIA FOR TECHNICAL QUALIFICATION .......................................................... 75


ANNEXURE 6 Work will be awarded to Lowest Evaluated Bidder.................................................................... 77
ANNEXURE 7 BID SECURITY .............................................................................................................................. 79
ANNEXURE 8 FORM OF PERFORMANCE SECURITY .......................................................................................... 81
ANNEXURE 9 INTEGRITY PACT ......................................................................................................................... 84
ANNEXURE 10 POWER OF ATTORNEY BY CONSORTIUM MEMBERS IN FAVOUR OF LEAD CONSORTIUM
MEMBER.............................................................................................................................................................. 86
ANNEXURE 11 LETTER OF COMMITMENT FROM EACH CONSORTIUM MEMBER ........................................... 88
ANNEXURE 12 ELIGIBILITY CRITERIA FOR THE CONSULTANTS TO BE SELECTED FOR THE PROJECT BIDDING
FOR MINING RIGHTS OVER TANJEEL COPPER DEPOSIT, DISTRICT CHAGAI, BALOCHISTAN, PAKISTAN ........... 89

DEFINITIONS AND INTERPRETATIONS


In this RFP, unless the context otherwise requires, the following terms shall have the meanings set forth below:
1.

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

Day means calendar day including all holidays.

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.

1.11 "Technical Proposal Submission Date" is defined in Section D of this RFP.


1.12 Relevant means the relevance of rules, regulations etc. as elaborated by the Client.
4

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

The words "include" and "including" are to be construed without limitation;

2.5

Any reference to any period of time shall mean a reference to that according to Pakistan Standard Time;

2.6

Any reference to day shall mean a reference to a calendar day;

2.7

Any reference to month shall mean a reference to a calendar month;

2.8

any reference to GOB shall mean Government of the Balochistan;

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.

LETTER OF INVITATION (LOI)


To

Subject:

CONSULTANCY SERVICES FOR THE PROJECT BIDDING FOR MINING RIGHTS OVER TANJEEL
COPPER DEPOSIT, DISTRICT CHAGAI, BALOCHISTAN

Dear Sir / Madam,

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.

Please note that:


(i)

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)

MMDD is not bound to accept any or all of the Proposals submitted.

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.

Technical and Financial Proposals


Technical and Financial Proposals shall be submitted in accordance with the procedure defined in Section
C of RFP, which has been formulated in accordance with the provisions of Balochistan Public Procurement
Rules, 2014.

5.1 Technical Proposal


The Technical Proposal shall demonstrate comprehensive understanding of the Project by the Bidder
specifying its approach and work methodology as to how the Bidder will carry provide Consultancy Services
for the Project. The Technical Proposal shall be prepared using the format attached in Section - D of the
RFP. Technical Proposal shall be accompanied by a Bid Bond @ 2% of the offered price in shape of deposit
at call from any scheduled international bank operating in Pakistan substantially in the form set forth in
Annexure - 7 of Section G of the RFP.
5.2 Financial Proposal
The Financial Proposal shall be expressed in Pakistan Rupees only and be prepared using the format
provided in Section - E of the RFP, and submitted according to the procedure described in Section - B of the
RFP. MMDD will not be responsible for any tax liability arising out of execution of this Project.
The Technical and Financial Proposals shall be evaluated by MMDD in terms of the criteria described in
Annexure-5 of the RFP using Quality and Cost Based Selection (QCBS) method. Any Technical or Financial
Proposal not in conformity with the format and forms attached in Section - D and E will be subject to
rejection.
All communications including Technical and Financial Proposals will be written in English language for the
ease of comprehension and comparability as per Rule 6 of BPPR, 2014. In case there is any document
attached to the proposals, which is in any language other than English, than its true notarized English
translation shall also be submitted. All Proposals shall be submitted in hard and soft (CD/DVD) forms,
Proposals sent through fax or email shall not be considered. Hard copy of the Technical Proposal shall be
submitted in quadruplicate (one original and three copies) in accordance with the guidelines provided in
Section - D of the RFP.
The proposals must reach the Client at the address provided below by 12:00 Noon Pakistan Standard Time
on 9thFebruary2017 hereinafter referred to as the Closing Date. Any proposal received by the Client after
the prescribed deadline will be returned unopened to such Bidder.

6.

Please inform us in writing about the following:


Whether you are submitting the proposal and whether as a firm/consortium/joint venture provided in the
RFPs

7.

Non Acceptance of Conditional Bids


Under no circumstances shall MMDD consider a conditional Bid.
8

8.

Clarifications and Amendments


A Bidder requiring clarification on any of the terms contained in the RFP or the Annexure attached thereto,
may send an email to mines@balochistan.gov.pk , not later than 20 days before the Closing Date. In the
interest of fairness, any clarifications issued to any of the Bidders will be emailed to all the Bidders without
disclosing the identity of the sender.

Yours sincerely,

_________________________

SECTION A: INFORMATION TO BIDDERS


INTRODUCTION AND BACKGROUND OF THE PROJECT
1.1

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

Growth and Investment

Pakistan Economic survey 2015-16


Pakistans economy has continued the recovery path, GDP growth accelerated to 4.71 percent in 2015-16
against the growth of 4.04 percent recorded in the last year. Agriculture recorded negative growth of (-0.19)
percent against the growth of 2.53 percent last year. Industrial sector recorded the growth of 6.80 percent
against 4.81 percent in last year, large scale manufacturing posted growth of 4.61 percent against 3.29 percent
last year. Services sector accelerated at the rate of 5.71percent as compared to 4.31 percent last year.

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

Mining and Quarrying Sector:

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

The Client: Balochistan Mines and Mineral Development Department (MMDD)

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

To achieve prosperity and progress of the people of Balochistan.

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.

Faster economic diversification.

Impacts on employment, poverty reduction, socioeconomic development.

Establishment of Mineral based industry in the province.

To enhance the contribution made by this economic activity to GDP

To lend support to the social uplift programmers.

12

1.7

The Organizational Chart of the Department:

Secretary
Additional Secretary

Deputy Secretary (Tech:)

S.O (Tech:) S.O (Dev:) S.O (B&A)

Chief Inspector of Mines

1.8

Deputy Secretary (Admn:)

S.O (Admn:)

Director General
Mines & Minerals Development

S.O (Coord:)

Commissioner
Mines Labour Welfare Organization

Location/ logistics of the Project area and information on Tanjeel Deposit

LOCATION & ACCESS


The Tanjeel Copper Deposit is located in a desert area, 70 kilometers north-west of Nokundi in Chagai district of
Balochistan which is sparsely populated. It is mostly low relief and thinly populated desert. Chagai weather
ranges from very hot summers of 40-50C to very cool winters of up to -10C with less than 40 mm precipitation
(winter rain and minor snow). It also exhibits periods of high wind and dust/sand storms which have a
demobilizing impact on the local activities and trade. Access to the Chagai district is via the Quetta Zahidan
highway also known as the London Road. Dalbandin, 166 km away from Nokkundi, is the nearest airport, which
receives 3 PIA flights in a week from Karachi.

13

GEOLOGY AND RESOURCE


The Tanjeel ore body comprises in large part an enriched copper sulphide (mostly chalcocite) ore body situated
above a primary porphyry copper system. The resource lies within an intrusive complex comprising diorite
porphyry intruded into a volcanic pile of andesitic lava, volcano clastic rocks and sedimentary rocks. The volcanic
rocks have been affected by predominantly phyllic or intermediate (sericite-quartz-chlorite-clay) hypogene
alteration in the vicinity of the porphyritic intrusions, with supergene leaching and enrichment.
Two phases of porphyry intrusion have been identified. The main part of the intrusion comprises feldspar-quartz
porphyry. More siliceous quartz porphyry has been mapped in discrete bodies from the surface mapping, and
some of these have also been intersected in the drilling. With the current level of drilling detail, it is not possible
to determine the shape of these smaller intrusions, or their continuity.
The drilling data indicates that the intrusions are steep-sided, but a number of narrow intersections of porphyry
suggest that in detail the intrusive margins have complex shapes and a number of apophyses into the
surrounding volcanics.
The resource was estimated using ordinary rigging from a drill hole database supplied by TCC from which 32
reverse circulation holes and 8 diamond drill holes covering the resource area were used. Total resource by total
copper (Cu) at a cut off of 0.3% Cu is shown in the Table below:
Total Resource (Indicated & Inferred) by Total Cu Cut Off
Cut off

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

MINING AND ECONOMIC EVALUATION


SRK have completed the evaluation for the scoping study for the project. A pit optimization exercise has been
completed evaluating two process options with a number of production and process recovery alternatives.
Practical pit designs have been developed based on the optimized pit outlines. A base case model has been
selected which has the following pertinent features:

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:

22st December 2016

Last date for submission of queries on RFP:

4th February 2017

Closing Date for Bid Submission:

9th February 2017

16

SECTION B: BIDDERS AND BIDDING DATA


B.

GENERAL

B.1

Scope of Bid & Source of Funds

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

Only one proposal


Each bidder shall submit only one proposal. A bidder who submits or participates in more than one
proposal will be disqualified.

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

Contents of 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.

Instructions to Bidders (including Bidding Data)


Conditions of Contract
Technical Proposal Standard Forms
Financial Proposal Standard Forms
Standard Forms of Contract & Guarantees
Terms of Reference & Evaluation Criteria

B.4

Clarification of Bidding Documents

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

including a description of the enquiry but without identifying its source.

B.5

Amendment of Bidding Documents


DELETED
17

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

Form Tech-5, Team Composition & Task Assignments


Form Tech-6, Curriculum Vitae (CV) for Proposed Professional Staff
Form Tech-7, Staffing Schedule
Form Tech-8, Work Schedule
The Financial Proposal shall be prepared using the attached Standard Forms
following list:
FIN-1 Financial Proposal Submission Form / Form of Bid

indicated

in

the

FIN-2 Summary of Costs


FIN-3 Breakdown of Cost of Foreign Staff
FIN-4 Breakdown of Cost of Local Staff FIN-5 Breakdown of Costs other than Staff

B.7

Documents Comprising the Proposal


The Proposal prepared by the bidder shall comprise the following components:
Technical Proposal prepared in accordance with the attached Standard Forms (In separate sealed
envelope)
Financial Proposal prepared in accordance with the attached Standard Forms (In separate sealed
envelope).
Power of Attorney from the CEO / MD / Head of the Firm / Company / Entity in favour of the person
signing the Bid Documents demonstrating that the representative has been duly authorized to sign the
Bid (Technical & Financial proposal).

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

Bid Prices, Currency of Bid and Payment


The bidder shall fill up the Standard Forms of Financial Proposal indicating the Man Month Rate, unit
rates and prices of the Services to be performed under the Contract. Prices in the Financial Proposal
shall be entered keeping in view the instructions contained in the Conditions of Contract and Conditions
of Financial Proposal.
Prices quoted by the bidder shall remain fixed during the bidders performance of the Contract and not
subject to variation on any account.
Unit rates and prices in the Financial Proposal shall be quoted by the bidder in the currency as stipulated
in Bidding Data.

B.10 Bid Security


Each bidder shall furnish, as part of his bid, a Bid Security in the amount stipulated in Bidding Data in
Pak. Rupees in the form of Deposit at Call or a Bank Guarantee issued by a Scheduled International
Bank in Pakistan in favour of the Client valid for a period up to forty (40) days beyond the bid validity
date. Any Guarantee issued by a bank located outside Pakistan should be counter-guaranteed by a
Scheduled Bank in Pakistan.
Any bid not accompanied by an acceptable Bid Security shall be rejected by the Client as nonresponsive.
The bid securities of unsuccessful bidders will be returned upon award of contract to the successful
bidder or on the expiry of validity of Bid Security whichever is earlier.
The Bid Security of the successful bidder will be returned when the bidder has furnished the required
Performance Security and signed the Contract Agreement.
The Bid Security may be forfeited:
a. If a bidder withdraws his bid during the period of bid validity; or
b. If a bidder does not accept the correction of his Bid Price, pursuant to Sub-Clause of Arithmetical
error rectification hereof; or
c. In the case of a successful bidder, if he fails to:
I.
II.
III.

Furnish the required Performance Security in accordance with Clause of Performance


Security, or
Sign the Contract Agreement, in accordance with Sub-Clauses of signing of Contract
Agreement.
In case of failure of successful bidder to sign the contract agreement, the Client may offer
the next ranked lowest evaluated bidder to enter into Contract on reasonable terms as
defined by the Client.
19

B.11 Validity of Proposals, Format and Signing of proposal


Proposals shall remain valid for the period stipulated in the Bidding Data after the last date of
submission of proposals. In exceptional circumstances, prior to expiry of the original bid validity
period, the Client may request the bidders to extend the period of validity for a specified additional
period which shall in no case be more than the original bid validity period. The request and the
responses thereto shall be made in writing. A bidder may refuse the request for which his Bid Security
will not be forfeited. A bidder agreeing to the request will not be required or permitted to modify his
bid, but will be required to extend the validity of his Bid Security for the period of the extension.
All Standard Forms of Technical & Financial Proposals are to be properly completed and signed, where
required.
Technical & Financial Proposals must be prepared according to the prescribed format. No alteration is
to be made in the Standard Forms of Technical & Financial Proposals except in filling up the blanks or
providing the details as directed. If any alteration be made or if these instructions be not fully complied
with, the bid may be rejected.
The original proposal (Technical Proposal and Financial Proposal) shall contain no interlineations or
overwriting, except as necessary to correct errors made by the Bidders themselves. The person who
signed the proposal must initial such corrections. Submission letters for both Technical and Financial
Proposals should respectively be in the format of TECH-1 of Technical Proposal, and FIN-1 of Financial
Proposal.

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.

Submission and Deadline for Submission of Proposals


20

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

B.14. BID OPENING AND EVALUATION


14 Opening, Clarification and Evaluation
14.1

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

Arithmetical errors will be rectified on the following basis:


If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit
price and quantity, the unit price shall prevail and the total price shall be corrected. If there is a
discrepancy between the words and figures, the amount in words shall prevail.
If the bidder does not accept the corrected amount of Bid, his Bid will be rejected and his Bid Security
forfeited.

22

B.15 AWARD OF CONTRACT


15
15.1

Award Criteria & Clients Right


Subject to Sub-Clause IB.15.2, the Client will award the Contract to the Bidder whose Technical Proposal
has been determined to be substantially responsive to the Bidding Documents and who has offered the
lowest evaluated Bid Price.

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.

B.16 Notification of Award & Signing of Contract Agreement


16.1
16.2

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.

B.17 Performance Security


17.1

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.

B.18 Integrity Pact


The successful Bidder shall sign and stamp the Form of Integrity Pact provided in the Bidding Documents.
Failure to provide such Integrity Pact shall constitute sufficient grounds for the annulment of the award
and forfeiture of the Bid Security.

B.19 Fraud and Corruption


19.1

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

process or in agreement execution;


b. fraudulent practice means a misrepresentation or omission of facts in order to influence
a selection process or the execution of an agreement;
c. collusive practices means a scheme or arrangement between two or more bidders with
or without the knowledge of the Client, designed to establish prices at artificial,
noncompetitive levels;
d. Coercive practices means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in a procurement process, or
affect the execution of the agreement.

(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

Name and Address of the Client


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

9.3

Currency for Unit Rate & Prices


Pak Rupee/US Dollars

10.1

Bid Security
2% 0f Bid amount

11.1

In Pak Rupee/US Dollars

Validity of Bids
120 (One Hundred & Twenty) days from last date of submission of
Bids

11.6

Number of copies of the Technical Proposal to be submitted


One Original & four (04) copies of Technical Proposal +electronic copy

13.1

Clients address for the purpose of Bid submission


Director General, Mines & Mineral Development Department,
Government of Balochistan
Link Sariab Road, Quetta, Pakistan
Tel+92 81 9211167 Fax: +92 81 9211168 Email: mines@balochistan.gov.pk

25

13.2

Last Date & Time of submission of Bids


On or before:

February 9, 2017 at 12:00 Noon

Opening of Technical Proposal:

February 9, 2017 at 12:15 PM

PROPOSED BIDDING SCHEDULE


MMDD shall endeavor to adhere to the following schedule for the Bidding Process:
Event Description

Date

I.

Uploading of Request For Proposal on www.bppra.gob.pk

II.

Submission of Proposals incl. Bid Bond by

09 February 2017 [12:00 Noon]

III.

Opening of Technical Proposals

09 February 2017 [03:00 PM]

IV.

Tentative date of announcement of Evaluation

V.

of Technical Proposals

20 February 2017 [10:00 AM]

VI.

Tentative date of Opening of Financial Proposals

20 February 2017 [12:00 Noon]

VII.

Tentative date of Award through issue of


Letter of Acceptance

VIII.

21 December 2016

24 February 2017

Tentative date of Signing of Agreement

27 February 2017

26

SECTION - C: TERMS OF REFERENCE


SCOPE OF WORK OF THE PROJECT
INTRODUCTION
The Government of Balochistan (GOB) acting through Director General Mines & Minerals Department [Client],
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.30-K/4. GOB is
seeking to hire an international Mining Consultancy Firm or Consultants Consortium [hereinafter termed as the
Consultant to assist the Client 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.
Client requires to engage Consulting firm/company/entity (hereinafter called Consultant), having sufficient
capabilities and experience to process and prepare documents (as per scope of work for the Consultant given
below) and provide comprehensive assistance to the Client to enable selection of a technically and financially
sound mining firm to whom the Client may grant mining rights on such terms which are best suited for GOB,
local population and for sustained development
2.

SCOPE OF WORK FOR THE CONSULTANT

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

t) Opening of technical proposals transparently in the presence of representatives of bidders,


BMRDB, and other nominated by relevant government departments.
u) Providing guidance and overview to the Evaluation Committee appointed by GOB, in scoring of
Technical proposals to verify that the proposal submitted by each bidder is compliant with the RFP
and meets the minimum technical score for further consideration.
v) Return the financial envelopes unopened of any bidders that failed to qualify under the technical
evaluation.
w) Submit Fourth Progress Report for review and approval of the Client.
x) Opening of Financial Proposals transparently in the presence of representatives of bidders,
Department of Mines & Minerals, and others nominated by relevant government departments.
y) Providing guidance to the Evaluation Committee appointed by GOB and overview the scoring of
financial proposals to verify that the proposal submitted by each bidder is compliant with the RFP
and meets the timeframe and financial expectations set by GOB for Tanjeel Development.
z) Select the best bidder, based upon a weighted average score of the technical scores and the
financial scores according to criteria specified in the RFP package.
aa) Submit Recommendations to the BMRDB for approval of the best bidder, together with the
technical and financial bids, the scoring sheets and observations of the Evaluation Committee, and
all other relevant materials. Upon approval by GOB, inform the bidders of the results of the bid
evaluation and selection of best bidder.
bb) Hold negotiations for finalizing and signing of Contract by the Entity designated by GOB with the
selected bidder and award of mining rights.
cc) Monitoring of events leading to commercial and financial closure of the signed Contract.
dd) Submit Fifth Progress Report for review and approval of the Client.
ee) Setting up a system within the Entity designated by GOB to ensure that the contract monitoring is
conducted throughout the life of the project on key contractual technical and financial obligations,
including environmental/social impact management and health and safety of employees.
ff) Submit Final Report

3.

REQUISITE QUALIFICATION AND EXPERIENCE OF THE CONTRACTOR / CONSORTIUM


The Consultant Consortium shall deploy the same staff along with equipment and software etc. as
specified in their Technical Proposal. In case of an issue, a replacement may be allowed by the Client
29

subject to the condition that the qualification/experience/specification would not be the less than the
requirement specified in RFP.
4.

DELIVERABLES TO BE SUBMITTED BY THE CONTRACTOR(S)


The main Project deliverables to be submitted by the Consultant Consortium will be as under:

Submission of First Progress Report


Submission of Second Progress Report
Submission of Third Progress Report
Submission of Fourth Progress Report
Submission of Fifth Progress Report
Submission of Final Report
The entire work plan should clearly be elucidated on a standard Gant chart.
4.2. Certificates of Mobilization
Mobilization of human resource, equipment, machinery and accessories of the
Consultant Consortium will be carried out as follows:
Mobilization of qualified team leader and other staff along with necessary equipment and establishment
of site office and intimation to the Client;
Submission of completion certificate by the Consultant certifying mobilization in respect of logistic
supports and establishment of office with all facilities required to start the Project works as required in
the scope of work (SOW).
4.3. Periodic Progress Reports
The Consultant Consortium will furnish, throughout the course of the Project execution, in addition to
scheduled progress reports, special reports on specified issues as the client may so require in writing.
5.

TIMELINES FOR COMPLETION OF DELIVERABLES


Consultant Consortium are required to complete all the above specified work / services and deliver the
relevant Project deliverables of the Project within a period specified by MMDD.

6.

REQUISITE QUALIFICATION AND EXPERIENCE OF THE CONSULTANT


Project team shall comprise of the personnel as indicated in the Technical Proposal submitted by the
Applicant and the said team shall only be changed subject to the condition that their
qualification/experience would not be less than the requirement specified in RFP and their Technical
Proposals and that prior written approval of the Client has been obtained. Without prejudice to the
generality of the foregoing, the team leader proposed by the Firms/Consortia in the Technical Proposal
shall not be replaced except with another individual having similar experience and belonging to the same
30

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.

CHANGE IN SCOPE OF WORK


A Project steering committee comprising the following members may meet as and when required to
review / monitor the work done, time lines and may improve or change the scope of work of the
Consultant Consortium to achieve the objectives of the Project more effectively. Accordingly, the scope
of work of the Contractor may also change and its authorized representative will need to attend all such
meetings.
Steering Committee
The Client will appoint a Steering Committee comprising members from various government
departments, relevant to the Project.

8.

INSTRUCTIONS TO APPLICANTS

8.1 Language of Technical Proposal


The Technical Proposal and any related information will be written in English language for the ease of
comprehension and comparability. Additionally, any original or pre-printed information (e.g. brochures)
furnished by the Applicant may be written in any other language, provided that it is accompanied by a
certified translation of its in English.
8.2 Costs
The Applicant shall bear all costs and expenses associated with the preparation and submission of its
Technical Proposal, including, without limitation, all costs and expenses related to Applicant's preparation
of responses to questions or requests for clarification issued by the Client.

8.3 Evaluation Requirements


If the Applicant is a Consortium, it shall clearly indicate, in its Technical Proposal, which Consortium
member(s) are to be evaluated for each such criteria. In case, it does not specify the same, the Lead
Member of the Applicant will be considered for evaluation.
8.4 Applicant Lead Members
An Applicant may be a single entity or may take the form of a Consortium comprising of companies, firms,
corporate bodies or other legal entities.
Each Consortium Applicant shall appoint and authorize one (1) lead member ("Lead Member"), through
submission of duly executed Power of Attorney in the form set forth in Annexure 2 of Section - F of this
RFP, to represent and irrevocably bind all members of the Applicant in all matters connected with the
Request for Proposal Process, including but not limited to the submission of the Technical Proposal on
behalf of the Applicant.
8.5 Consortium Participation Restrictions
31

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

SECTION D: SUBMISSION AND EVALUATION OF TECHNICAL


PROPOSALS
1. SUBMISSION OF TECHNICAL PROPOSAL
1.1. Format and Signing of the Technical Proposal
The Technical Proposal shall be submitted in quadruplicate (one original and three copies) and one
electronic copy (on DVD or USB drive) placed in a sealed envelope clearly marked Technical Proposal
Consultancy services for the BIDDING FOR MINING RIGHTS OVER TANJEEL COPPER DEPOSIT, DISTRICT
CHAGAI, BALOCHISTAN, PAKISTAN
The Technical Proposal shall be signed by a duly authorized representative of the Applicant. The Technical
Proposals shall include a Power of Attorney (Annexure - 1 of Section - F of this RFP) authorizing such
representative to sign and submit the Technical Proposals to MMDD on behalf of the Applicant.
Authorized representative of Applicants shall make initials on each page of Technical Proposal.
1.2 Sealing and Marking of Technical Proposal
The Applicant shall seal the original Technical Proposal and each copy in separate envelopes and shall
mark the envelopes as "Original" and "Copies" (all duly marked as required herein). The envelopes shall
be sealed in an outer envelope. The inner and outer envelopes shall be addressed to the Client (MMDD)
at the following address:
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
The inner and outer envelopes shall each bear the words: Technical Proposal CONSULTANCY
SERVICES FOR THE BIDDING FOR MINING RIGHTS OVER TANJEEL COPPER DEPOSIT, DISTRICT CHAGAI,
BALOCHISTAN, PAKISTAN
The outer envelope shall indicate the name and address of the Applicant to enable the relevant Technical
Proposal to be returned unopened in the event that it is declared "late".
If the outer envelope is not sealed and marked as required, the Client will assume no responsibility for any
misplacement or premature opening of the Technical Proposal.

33

1.3 Deadline for Submission of Technical Proposals


Technical Proposals shall be submitted to the Client at the address specified above no later than 12:00
Noon PAKISTAN STANDARD TIME, February 9, 2017 (the "Technical Proposal Submission Date").
Any Technical Proposal submitted after the Technical Proposal Submission Date shall be rejected and shall
be returned unopened to the Applicant.
MMDD may, at its discretion, extend the Technical Proposal Submission Date by amending this RFP, and
in such case, all rights and obligations of MMDD and the Applicants subject to the previous deadline shall
thereafter be subject to the deadline as extended.

2.

EVALUATION OF TECHNICAL PROPOSAL

2.1 Preliminary Examination of Technical Proposals


The Client will carry out a preliminary examination of each Technical Proposal to determine whether it is
complete, whether the documents have been properly signed, and whether it is generally in order and
has been submitted by an Eligible Applicant as per the Eligibility Criteria at Annexure-12.
Where the Client deems it convenient or necessary, it may request supplementary information or
documentation from an Applicant for determining its eligibility for selection. Whenever such request is
made, the Applicant shall provide the same to the Client by such date as may be specified by the Client.
Any Technical Proposal found to be non-responsive may be rejected by the Client and not included for
further consideration.
2.2 Evaluation of Technical Proposals

Single Stage - Two Envelope Bidding Procedure.


The Procedure as given in the BPPRA Rules is reproduced hereunder:

(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)

respective bidders; and


Bid found to be the lowest evaluated shall be accepted.

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

Check List for Technical Proposal


Attached or
Sr.

If Yes
Description of Document

Not

No.

Page No
NO

Form Tech-1, Technical Proposal Submission


1
Form duly signed
Form Tech-2, A Bidders

Organization

2
duly filled
Form Tech-2, B-Bidders

Experience duly

3
filled

O
Form Tech-4, Description
4

f Approach,

Methodology and Work Plan for Performing


the Assignment
Form Tech-5, Team Composition & Task

Assignments

36

YES

Form Tech-6, Curriculum Vitae (CV) for


6
Proposed Professional Staff
7

Form Tech-7, Staffing Schedule

Form Tech-8, Work Schedule

Power of Attorney

10

Bid Security

Technical Proposal - Standard Forms


TECH-1 Technical Proposal Submission Form
TECH-2 Bidders Organization and Experience
A Bidders Organization
B

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

FORM TECH-1 TECHNICAL PROPOAL 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
Dear Sir,
We, the undersigned, offer to provide the Consultancy Services for preparation and documentation (as per
scope of work) for the project BIDDING FOR MINING RIGHTS OVER TANJEEL COPPER DEPOSIT, DISTRICT
CHAGAIBALOCHISTAN, PAKISTAN, in accordance with Bid Documents and our Proposal. We are hereby
submitting our Bid, which includes this Technical Proposal and a Financial Proposal sealed under a separate
envelope.
We are submitting our Proposal in association with:
[Insert a list with full name and address of each associated Firm]
We hereby declare that all the information and statements made in this Proposal are true and accept that any
misinterpretation contained in it may lead to our rejection of bid.
We hereby agree and authorize the Client to make an independent reference to our previous clients as cited in
our Technical Proposal for verification of our performance.
As security for due performance of the undertakings and obligations of this Bid, we submit herewith a Bid
Security in the amount of Rs. ------------ drawn in your favour or made payable to you and valid for a period of
forty (40) days beyond the period of validity of Bid.
We undertake, if our Bid is accepted, to initiate the services/tasks related to the assignment not later than the
date specified in the Bid Documents.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:

38

FORM TECH-2 BIDDERS ORGANIZATION AND EXPERIENCE


A - Bidders Organization
1. [ Bidder is required to provide here a brief description of the background and organization of his
firm/entity]
2. [ Also provide above information for each Firm/Resource Person/Sub-Contractor/Sub-Consultant
associated with the bidder for this assignment]
FORM TECH-2 BIDDERS ORGANIZATIONAL EXPERIENCE

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:

Activities undertaken Commensurate with the Scope of Works :


(a)
(b)
(c)
(d)
(e)

2.

3.

4.

Name and Contact Details of Procuring Agency:

Nature and scope of work executed:

Value of Services Provided in PKR for each component:


(a)
(b)
(c)
(d)
(e)

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)

Technical, Legal and Financial analytical Approach and Methodology.

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)

Organization and Staffing.

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

FORM TECH-5 TEAM COMPOSITION AND TASK ASSIGNMENTS


Name of Staff

CNIC

Position
Area of Expertise

No./Passport No.

Task Assigned
Assigned

42

FORM TECH-6

CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

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

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

3. Name of Staff [Insert full name]:

4. Date of Birth:

Nationality:

5. CNIC No (if Pakistani):

or Passport No:

6. Education :

Degree

Major/Minor

Institution

Date (MM/YYYY)

7. Membership of Professional Associations:


8. Other Training [Indicate significant training since degrees under 6 - Education were obtained]:

43

9. Employment Record [Starting with present position]

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:

[Signature of staff member or authorized representative of the staff]

44

Day/Month/Year

FORM TECH-7 STAFFING SCHEDULE

Year:
__________

Name
of Staff

Feb
[Home]

1
[Field]

45

Mar

Apr

May

June

July

Aug

Sep

46

FORM TECH-8 WORK SCHEDULE

Year:

__________

Activity

1
Feb

Mar

Apr

May

June

July

4
5

Indicate all main activities of the assignment as per deliverables.


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

SECTION E: SUBMISSION AND EVALUATION OF FINANCIAL PROPOSALS


STANDARD FORMS
47

[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

Financial Proposal Submission Form

FIN-2

Summary of Costs

FIN-3

Breakdown of Cost of Foreign Staff (if any)

FIN-4

Breakdown of Cost of Local Staff

FIN-5

Breakdown of Costs other than Staff

Signature of Authorized Representative________________________

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

Dated this__________day of _________, 201--. Signature ________________


in the capacity of _____________duly authorized to sign Financial Proposal for and on behalf of
_______________________________
(Name of Bidder in Block Capitals)
(Seal)
Address
_____________________________________________________________________
Witness:
(Signature)______________________________
Name:_______________________________________________________________
Address: _____________________________________________________________
_____________________________________________________________________

FORM FIN-2 SUMMARY OF COSTS

Item

Costs (Pak Rupees)

Cost of Foreign Staff (Total of Form Fin-3)


Cost of Local Staff (Total of Form Fin-4)
Cost other than Staff (Total of Form Fin-5)

Total Costs of Financial Proposal

Signature of Authorized Representative________________________

50

FORM FIN-3 BREAKDOWN OF COST OF FOREIGN STAFF (IF ANY)

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

FORM FIN-4 BREAKDOWN OF COST OF LOCAL STAFF

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

FORM FIN-5 BREAKDOWN OF COSTS OTHER THAN STAFF

S.No

Description

Amount in Pak Rs

Cost of complying the Conditions of Contract

Any other cost (pl describe)

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.

Signature of Authorized Representative________________________

55

SECTION F:
CONDITIONS OF CONTRACT AND CONTRACT DATA
1.2

Law Governing the Contract


This Contract, its meaning and interpretation, and the relation between the Parties shall
be governed by the Applicable Law.

1.3

Language
This Contract has been executed in the English language which shall be the binding and
controlling language for all matters relating to the meaning or interpretation of this
Contract. All the reports and communications shall be in the English language.

1.4

Authorized Representative of the Client


Any action required or permitted to be taken, and any document required or permitted
to be executed, under this Contract by the Client shall be taken or executed by the
Authorized Representatives specified in the Contract Data. The Client can change his
Authorized Representative at any time during the Contract Period and Consultant will
be informed accordingly.

1.5

Authorized Representative of the Consultant


The Consultant shall appoint a representative for any action required or permitted to be
taken, and any document required or permitted to be executed under this Contract to
receive instructions of the Client. Such authorized representative may be
substituted/replaced by the Consultant at any time during the Contract Period but only
after obtaining the consent of the Client.

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

locations as mutually agreed by the Parties.


1.8

Taxes and Duties


Unless specified in the Contract, the Consultant, Sub-Consultant, and their Personnel
shall pay such taxes, duties, fees, and other impositions as may be levied under the
Applicable Law, the amount of which is deemed to have been included in the Contract
Price.
The Client will make a deduction of Withholding [income] tax from the Payable Bill
Amount at source in accordance with the prevalent Income Tax Laws of the Government
of Pakistan.

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

such programme necessary to ensure completion of the Services to be offered within


the Time for Completion.
1.12

Leader of Joint Venture / Consortium


In case the Consultant consist of a joint venture / Consortium of more than one entity,
the Consultant shall be jointly and severally bound to the Client for fulfillment of the
terms of the Contract and designate a Member / Firm to act as leader of the Joint
Venture / Consortium, for the purpose of performance of the Contract.

2.

COMMENCEMENT, COMPLETION, MODIFICATION, AND TERMINATION OF CONTRACT

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

Commencement of Services / Commencement Date


The Consultant shall begin carrying out the Services at the end of such time period after
Signing of Contract (the Effective Date) as has been specified in the Contract Data.

2.3

Time for Completion of Services


The Time for Completion of Services will be as stated in the Contract Data (or as
extended according to provisions of the Contract), calculated from the Commencement
Date.

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

Suspension of Payments by the Client


The Client may, by written notice of suspension to the Consultant, suspend all payments
to the Consultant hereunder if the Consultant fail to perform any of his obligations under
this Contract, including the carrying out of the Services, provided that such notice of
suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultant
to remedy such failure within a period not exceeding thirty (30) days after receipt by the
Consultant of such notice of suspension.

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)

if the Consultant do not remedy a failure in the performance of his obligations


under the Contract, within fifteen (15) days after being notified or within any
further period as the Client may have subsequently approved in writing;

(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

Payment upon Termination


Upon termination of this Contract pursuant to Sub-Clauses of Termination of contract
the Client shall make the following payments to the Consultant:
(a)

Remuneration and reimbursable direct costs for Services satisfactorily


performed prior to the effective date of termination. Effective date of
termination for purposes of this Sub-Clause means the date when the prescribed
notice period would expire;

(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.

OBLIGATIONS OF THE CONSULTANT

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

The remuneration of the Consultant pursuant to Clause of Payments to the Consultant


shall constitute the Consultant sole remuneration in connection with this Contract or the
Services, and the Consultant shall not accept for his own benefit any trade commission,
discount, or similar payment in connection with activities pursuant to this Contract or to
the Services or in the discharge of his obligations under the Contract, and the Consultant
shall use his best efforts to ensure that the Personnel, any Sub-Consultant, and agents
of either of them similarly shall not receive any such additional remuneration.
Confidentiality
The Consultant, his Sub-Consultant, and the Personnel of either of them shall not, either
during the term or after the expiration of this Contract, disclose any proprietary or
confidential information relating to the tasks, the Services, this Contract, or the Client's
business or operations without the prior written consent of the Client.

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

Documents Prepared by the Consultant to be the Property of the Client

3.5

All Bidding Documents, Contract Agreements, TORs, Evaluation reports, Minutes,


Addenda and other relevant documents prepared by the Consultant for the Client under
this Contract shall belong to the Client, and the Consultant shall, from time to time and
not later than upon termination or expiration of this Contract, deliver all such documents
to the Client, together with a detailed inventory thereof. The Consultant may retain a
copy of such documents for record. The Consultant shall not use, or disclose at any
forum, these documents for purposes unrelated to this Contract without the prior
written approval of the Client.
Remedying Defects / Recouping Shortcomings
The Consultant shall for a period stated in the Contract Data from the date of completion
of Services carry out, at no cost to the Client, provide clarifications, amend deliverables
or provide fresh (if necessary) and rectification of services which are necessitated to be
rectified, as desired by the Client.
Failure to remedy any such defects or complete outstanding tasks within a reasonable
time shall entitle the Client to carry out all necessary services at the Consultants cost or
deduct a sum reasonable or whole of Retention Money.

3.7

Consultant's Actions Requiring Client's Prior Approval


The Consultant shall obtain the Client's prior approval in writing before taking any of the
following actions:

3.8

(a)

Replacing any key personnel as are listed in Technical Proposal;

(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.

CONSULTANT's PERSONNEL AND SUB-CONSULTANT

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

Removal and/or Replacement of Personnel


(a)

Except as the Client may otherwise agree, no changes shall be made in the Key
Personnel. If, for any reason beyond the reasonable control of the 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.

OBLIGATIONS OF THE CLIENT

5.1

Assistance, Coordination and Approvals

5.1.1

Assistance
The Client shall use its best efforts to:

5.1.2

(a)

Provide at no cost to the Consultant, Sub-Consultant and Personnel such


documents prepared by the Client or other consulting associates appointed by
the Client as shall be necessary to enable the Consultant, Sub-Consultant or
Personnel to perform the Services;

(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)

Issue to officials, agents and representatives of the concerned organizations, all


such instructions as may be necessary or appropriate for prompt and effective
implementation of the Services;

Co-ordination to the Consultant


The Client shall:
(a)

Coordinate and get or expedite any necessary approval and clearances relating
63

(b)

to the work from any Government or Semi-Government Agency, Department or


Authority, and other concerned organization.
Assist to coordinate with any other Consultant employed by him.

6.

PAYMENTS TO THE CONSULTANT

6.1

Lump Sum Remuneration


The Consultants total remuneration shall not exceed the Contract Price and shall be a
fixed lump sum including all staff costs, incurred by the Consultant in carrying out the
Services described in Appendix A (Terms of Reference (TOR). The Contract Price may
only be increased if the Parties have agreed to additional payments in accordance with
provisions of the Clauses for Additional Services.

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

Payment of Retention Money


Retention money shall be paid by the Client to the Consultant within fourteen (14) days
after either the expiry of the period stated in the Contract Data, or the completion of
outstanding services, as pointed out by the Representative, whichever is the later.

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.

Time (within days

Payment

from the

Percentage

commencement date)

First Progress Report as per Scope of Work

Second Progress Report as per Scope of Work

Third Progress Report as per Scope of Work

30

5%

60

10%

15%
105

Fourth Progress Report as per Scope of Work

Fifth Progress Report as per Scope of Work

Final Report as per Scope of Work

66

150

30%

210

30%

240

10%

7. INTEGRITY PACT
7.1

If the Consultant or any of his Sub-Consultant, agents or servants is found to have


violated or involved in violation of the Integrity Pact signed by the Consultant, then the
Client shall be entitled to:
(a)

Recover from the Consultant an amount equivalent to ten times the sum of any
commission, gratification, bribe, 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

List of Documents forming the Contract


(a)

The Contract Agreement;

(b)

The Letter of Acceptance;

(c)

The accepted Financial Proposal;

(d)

Conditions of Contract;

(e)

The Technical Proposal;

(f)

Terms of Reference;

(g)

The Performance Security;

(h)

Integrity Pact;

(i)

The Power of Attorney;

(j)

Addendum (if any)

(k)

Post Bid correspondence (if any)


67

Name and Address of the Client


Director General, Mines & Mineral Development Department, Government
of Balochistan, Link Sariab Road, QUETTA, PAKISTAN
Tel+92 81 9211167 Fax +92 81 9211168
Email: mines@balochistan.gov.pk

Representative of the Client


[

Director General Mines and Mineral Development Department Balochistan

Address of the Representative of the Client

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.

Time for Completion


Time for completion will be eight (08) months or completion of the
assignment as per scope of work, whichever is earlier from date of
Commencement.

68

Amount to be paid by the Consultant due to Late Completion


Rs. 5,000/- per day but maximum up to 5% of the total contract sum.

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.

Period for Remedying Defects


One (01) month from the date of completion

Currency in which payments will be made


Pak Rupee

Retention Money
Retention Money will be deducted @ 3%

Period of returning Retention Money


Two (02) months

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
_________________________

Authorized signature and stamp

71

Annexure 2 POWER OF ATTORNEY BY CONSORTIUM


MEMBERS IN FAVOUR OF AUTHORIZED SIGNATORY OF THE
LEAD MEMBER OF THE CONSORTIUM
Date:
Power of Attorney
Know all men by these presents, We______, ______, _______ do hereby constitute, appoint and
authorize Mr./ Ms. ___________________ name and residential address) who is presently
employed with (mention name of the Lead Member) and holding the position of
___________________ as our attorney, to do in our name and on our behalf, all such acts, deeds
and things necessary in connection with or incidental to our bid for the Consultancy Services for
the
Project Exploration and resource estimation for development of Tanjeel Copper deposit,
District Chagai, Balochistan
Pakistan (the Project), including signing and submission of all documents and providing
information / responses to the Mines and Mineral Development Department Balochistan
(MMDD) , representing us in all matters before MMDD, and generally dealing with MMDD in all
matters in connection with our bid for the Consultancy Services as well as signing the Agreement
for Consultancy Services for the Project on our behalf. We hereby agree to ratify all acts, deeds
and things lawfully done by our said attorney 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.
Signature of Authorized Attorney

_____________________________

Name and Title of Authorized Attorney: _____________________________


Address:

_____________________________

(To be executed by all the members of the Consortium)


Note: To be executed by all the members in case of a Consortium. 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.

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.

is not in bankruptcy or liquidation proceedings;

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

___________________________

Name and Title of Signatory:


Name of Firm:
Address:

_____________________________
_____________________________
_____________________________

73

ANNEXURE - 4 PARENT COMPANY LETTER OF COMFORT


Date: Month, Day, Year

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

ANNEXURE 5 EVALUATION CRITERIA FOR TECHNICAL


QUALIFICATION
Proposals will be evaluated on 80:20 Quality & Cost based Selection System. 80% weight will be given to
quality and 20% to cost.
Criteria, sub-criteria, and point system for the evaluation of Full Technical
Proposals are:

Points

(i) Specific experience of the Consultants relevant to the assignment:


(Each assignment will be awarded 5 points.

[20]

Max. 4 assignments)

(Letter of award and satisfactory completion certificates shall be attached)


(ii) Adequacy of the proposed methodology and work plan in responding
to the Terms of Reference:

[15]

a) Technical approach and methodology

[10]

(Points will be awarded on better understanding of the project)


b) Work plan

[05]

(iii) Key professional staff qualifications and competence for the assignment:
a) Team Leader

[ 15]

02 points for Masters in Mining Economics from an institute of repute, 01 additional


point for PhD.
1.5 points for each assignment in the field of evaluating mine properties of due
diligence of mining companies, review of mining feasibility reports and of mineral properties
transactions. (Max. 06 assignments)
1.5 points for each assignment in region
(Max. 02 assignments)

b) Mining & Metallurgy Engineer

[10]

02 points for Masters in relevant field from an institute of repute.


1.0 points for each assignment in the field of preparing techno economic feasibilities
for metal mining projects. (Max. 06 assignments)
1.0 points for each assignment in region
(Max. 02 assignments)

c) Procurement Specialist

[10]

02 points for Certified Procurement Specialist CIPS or equivalent.


1.0 points for each assignment in the field of international bidding for metal mining projects. (Max.
06 assignments)
1.0 points for each assignment in region
(Max. 02 assignments)

d) Legal Expert

[55]

[10]

02 points for Masters in law from an institute of repute.


1.0 points for each assignment in the field of drafting contracts for mineral right transactions and
litigation in mineral matters. (Max. 06 assignments)
1.0 points for each assignment in region
(Max. 02 assignments)

75

e) Mining Geologist

[05]

01 points for Masters in relevant field from an institute of repute.


0.5 points for every two years experience in the relevant field. (Max. 12 years experience)
0.5 points for each year experience in region
(Max. 02 years)

f) Environmental Engineer

[05]

01 points for Masters in relevant field from an institute of repute.


0.5 points for every two years experience in the relevant field. (Max. 12 years experience)
0.5 points for each year experience in region
(Max. 02 years)

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%]

2) Adequacy for the assignment

[60%]

3) Experience in region

[20%]
Total weight:

100%

(iv) Financial capabilities of the firm

[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)

The minimum technical score to be required to pass is: 70 Points

76

ANNEXURE 6 Work will be awarded to Lowest Evaluated Bidder.


FORM OF CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT (hereinafter called the Agreement)
made on the
________________ day of__________(month) 20_____ between the Government of Balochistan
through Director General Mines & Mineral Development Department (hereafter called the Client)
having its principal office on Link Sariab Road , Quetta, Pakistan of the one part
AND
_________________________________(hereafter called the Consulting Firm) of the other part.
WHEREAS the Client is desirous that Consultancy Services for preparation and documentation (as
per scope of work) for the project CONSULTANCY SERVICES FOR THE BIDDING FOR MINING
RIGHTS OVER TANJEEL COPPER DEPOSIT, DISTRICT CHAGAI, BALOCHISTAN, PAKISTAN
be provided by the Consulting Firm and their Technical and Financial Proposal submitted by the
Consulting Firm have been accepted by the Client for a total price of Rs. (...in words),
for the execution and completion of such Services and the remedying of any defects therein.
NOW this Agreement witnesses as follows:
1.

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.

The Contract Agreement;


The Letter of Acceptance;
The accepted Financial Proposal;
Conditions of Contract;
The Technical Proposal;
Terms of Reference;
The Performance Security;
Integrity Pact;
The Power of Attorney;
Addendum (if any)
Post Bid correspondence (if any)

In consideration of the payments to be made by the Client to the Consulting Firm as


77

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

For and on behalf of the Client

______________________[Signature]

_____________________[Signature]

(Name, title & Seal)

(Name, title & Seal)

Signed, Sealed and Delivered in the presence of:


Witness:

Witness:

_______________________

______________________________

(Name, Title and Address)

(Name, Title and Address)

78

ANNEXURE 7 BID SECURITY


(Bank Guarantee to be issued by scheduled bank with minimum A Credit Rating by PACRA)
Security Executed on _______________________________________________________
(Date)
Name of Surety (Bank) with Address: ________________________________________
(Scheduled Bank in Pakistan)
Name of Principal (Bidder) with Address _______________________________________
________________________________________________________________________
Penal Sum of Security Rupees. _____________________(Rs. ____________________) Bid
Reference No. _______________________________________________________
KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the Bid and at the request of
the said Principal (Bidder) we, the Surety above named, are held and firmly bound unto Government
of Balochistan through _______________ (hereinafter called the 'Client') in the sum stated above
for the payment of which we bind ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Bidder has submitted the
accompanying Bid dated ______ for Bid No. _______ for Consultancy Services for preparation and
documentation (as per scope of work) for the project

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

expiry of its validity or upon signing of the Contract Agreement; and


79

(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

Corporate Secretary (Seal)

Corporate Guarantor (Seal)

2.
80

Name, Title & Address

ANNEXURE 8 FORM OF PERFORMANCE SECURITY


(Bank Guarantee to be issued by scheduled bank with minimum A Credit Rating by PACRA)

Guarantee No.____________________
Executed on _____________________
Expiry date _____________________

Name of Guarantor (Bank) with address: _______________________________________


(Scheduled Bank in Pakistan)
Name

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 __________________

Corporate Secretary (Seal)


Title ___________________
2. _______________________
_______________________

_____________________

Name, Title & Address

Corporate Guarantor (Seal)

83

ANNEXURE 9 INTEGRITY PACT


[Name of Consulting Firm] hereby declare that it has not obtained or induced
the procurement of any contract, right, interest, privilege or other obligation or benefit from the
Government of Pakistan (GOP) or Government of Balochistan [GOB] or any administrative subdivision
or agency thereof or any other entity owned or controlled by GOP / GOB through any corrupt
business practice.

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.

Name of GOB Representative: Name of Consulting Firm:

Signature:

Signature:

[Seal]

[Seal]

85

ANNEXURE 10 POWER OF ATTORNEY BY CONSORTIUM


MEMBERS IN FAVOUR OF LEAD CONSORTIUM MEMBER
Power of Attorney

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,

M/s.__________________ M/s ________________ and M/s ________________ (the

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.

Dated this the _______Day of ________201___


(Executants)
(To be executed by all the members of the 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

ANNEXURE 11 LETTER OF COMMITMENT FROM EACH


CONSORTIUM MEMBER
(The Letter of Commitment is to be submitted by EACH Consortium member (in case of a Consortium
Bid) on appropriate company letterhead).
Date: [-]
Place: [-]
Director General
Mines & Mineral Development Department, Balochistan
Link Sariab Road, Quetta, Pakistan
Tel +92 81 9211167
Fax: +92 81 9211168
SUBJECT:

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

ANNEXURE 12 ELIGIBILITY CRITERIA FOR THE CONSULTANTS


TO BE SELECTED FOR THE PROJECT BIDDING FOR MINING
RIGHTS OVER TANJEEL COPPER DEPOSIT, DISTRICT CHAGAI,
BALOCHISTAN, PAKISTAN
1. Consulting firms who are residents of those countries with whom Pakistan has
Bilateral Investment Treaty.
2. Consulting firms having such legal status in their country of residence which allows them to
enter into binding contractual agreements.

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.

6. Consulting firms whose core business is consulting services.


7. Consulting firms who have not been sanctioned in their home country or elsewhere
for corrupt and fraudulent practices.
8. Consulting firms who are not in a conflict situation because of their earlier contractual
association with any mining firm in respect of Tanjeel Copper Deposit, District Chagai,
Balochistan, Pakistan.

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

Você também pode gostar