Elementary and Secondary Education Department

Government of Khyber Pakhtunkhwa

STANDARD FORM OF BIDDING DOCUMENTS

FOR

“PROCUREMENT OF CONSULTANT’S SERVICES TO CARRY OUT FEASIBILITY

STUDY OF PUBLIC PRIVATE PARTNERSHIPS VIABILITY IN NEWLY
ESTABLISHED SCHOOLS OF KHYBER PAKHTUNKHWA”

Pre-Bid Meeting date and time: January 26, 2023, at 11:00 am

Last Date/time for submission: February 07, 2023, at 10:00 am
Bid Opening date and time: February 07, 2023, at 10:30 am

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 CONTENTS

SECTION # CONTENTS PAGE #

Section 1 Letter of Invitation/Request for Proposal 03
Section 2 Instructions to Consultants 06
Data Sheet 17
Section 3 Technical Proposal - Standard Forms 24
Section 4 Financial Proposal - Standard Forms 35
Section 5 Terms of Reference 39
Section 6 Conditions of the Contract 44

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 Section 1.

Letter of Invitation

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 LETTER OF INVITATION

HIRING OF FIRM FOR CONDUCTING PPP COMPLIANT FEASIBILITY STUDY IN

NEWLY ESTABLISHED SCHOOLS

1. Elementary and Secondary Education Department, Khyber Pakhtunkhwa is mandated to

promote and enable the development of innovative education delivery models to achieve
policy objectives of Constitution of Pakistan (Article 25-A) and SDG-4, to improve access,
quality, and retention through various means of Public Private Partnership for elementary and
secondary education delivery services and matters connected herewith and ancillary thereto.
2. The Elementary and Secondary Education Department will enter into agreements with
different implementing partners in Public-Private Partnership mode of various educational
facilities and services. Before PPP interventions and signing the agreement with partners the
Elementary and Secondary Education Department desires to carry out a comprehensive
feasibility study in order to establish the viability of PPP interventions in the selected newly
established schools.
3. Elementary and Secondary Education Khyber Pakhtunkhwa now invites sealed requests for
proposals from interested firms for conducting the feasibility study of the newly established
schools in Khyber Pakhtunkhwa. Interested bidders must provide requisite information as per
RFP documents.
4. Proposals must be delivered by hand or through mail to the office of the PPP Advisor,
Elementary and Secondary Education Department, Khyber Pakhtunkhwa with office address
at Elementary and Secondary Education Department, Civil Secretariat, Block A, Peshawar on
or before February 7, 2023, at 10:00 am which will be opened on the same day at 10:30 am
in presence of bidders or their representatives.
5. Detailed Request for Proposals (RFP) can be downloaded from the following official website
of Khyber Pakhtunkhwa Elementary and Secondary Education Department
https://kpese.gov.pk in the Tenders Section.
6. Pre-bid Meeting will be held on January 26, 2023, at 11:00 am in the Committee Room of
the Elementary and Secondary Education Department.
7. The bidder will be hired through the Quality Cost Based Selection (QCBS) competitive
process as per KPPRA Act 2012 and Rules 2014, wherein the quality of the proposal and the
cost of the services will be taken into account among short-listed firms.
8. The Procuring Entity has the right to reject all bids under Rule 47 of the Khyber
Pakhtunkhwa Public procurement Regulatory Authority (KPPRA) Procurement Rules 2014.

PPP Advisor
Elementary and Secondary Education Department

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 Section 2.
Instructions to Consultants (ITC)

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 Instructions to Consultants (ITC)
1. Definitions
(a) “Procuring Entity (PE)” means the Elementary and Secondary Education Department
with which the selected consultant signs the contract for services.
(b) “Consultant” means a professional institute/firm (as the case may be) who can study,
design, organize, evaluate, and manage feasibility study for Public Private Partnerships
interventions in the newly established schools of Khyber Pakhtunkhwa.
(c) “Contract” means an agreement enforceable by law and includes General and Special
Conditions of the contract.
(d) “Data Sheet” means such Part of the Instructions to Consultants that is used to reflect
specific assignment conditions.
(e) “Day” means calendar day including holiday.
(f) “Government” means the Government of Khyber Pakhtunkhwa.
(g) “Instructions to Consultants” (Section 2 of the RFP) means the document, which
provides shortlisted Consultants with all information needed to prepare their Proposals.
(h) “LOI” (Section 1 of the RFP) means the Letter of Invitation sent by the procuring
Entity to the Consultant.
(i) “Proposal” means the Technical Proposal and the Financial Proposal.
(j) “RFP” means the Request for Proposal prepared by the Procuring Entity for the
selection of consultants.
(k) “Terms of Reference” (TOR) means the document included in the RFP as Section
5 which explains the objectives, scope of work, activities, tasks to be Performed,
respective responsibilities of Procuring Entity and the Consultant, and exacted results
and deliverables of the assignment.

2. Introduction 2.1 The Procuring Entity will select a consulting firm/organization (the
Consultant) from those listed in the Letter of Invitation, in accordance
with the method of selection specified in the Data Sheet.

2.2 The eligible Consultants (shortlisted if so) are invited to submit a

Technical Proposal and a Financial Proposal, or a Technical Proposal
only, as specified in the Data Sheet. The Proposal will be the basis for
contract negotiations and ultimately for a signed Contract with the
selected Consultant.

2.3 Consultants should familiarize themselves with rules / conditions and

take them into account while preparing their Proposals. Consultants
are encouraged to attend a pre-proposal meeting as specified in the
Data Sheet. Attending the pre-proposal meeting is, however, optional.
Consultants may liaise with Elementary and Secondary Education

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 Department’s representative named in the Data Sheet for gaining
better insight into the assignment.

2.4 Consultants shall bear all costs associated with the preparation and
submission of their proposals and contract negotiation. The Procuring
Entity reserves the right to annul the selection process at any time
prior to Contract award, without thereby incurring any liability to the
Consultants.

2.5 The Procuring Entity may provide facilities and inputs as specified in
Data Sheet

3. Conflict of 3.1.1 Consultants are required to provide professional, objective, and

Interest impartial advice and holding the Procuring Entity interest Paramount.
They shall strictly avoid conflict with other assignments or their own
corporate interest. Consultants have an obligation to disclose any
situation of actual or potential conflict that impacts their capacity to
serve the best interest of the Procuring Entity, or that may reasonably
be perceived as having such effect. Failure to disclose said situations
may lead to the disqualification of the Consultant or the termination of
its Contract.

3.1.2 Without limitation on the generality of the foregoing, Consultants, and

any of their affiliates, shall be considered to have a conflict of interest
and shall not be recruited, under any of the circumstances set forth
below:

(i) A consultant that has been engaged by the procuring Entity to

provide goods, works or services other than Consulting
services for a project, any of its affiliates, shall be disqualified
from providing consulting services related to those goods,
works or services during the course of this feasibility study.

(ii) A Consultant (including its Personnel and Sub Consultants) or

any of its affiliates shall not be hired for any assignment that,
by its nature, may be in conflict with another assignment of the
Consultant to be executed for the same or for another
Procuring Entity during the course of this feasibility study.

(iii) A Consultant (including its Personnel and Sub

Consultants) that has a business or family relationship with a
member of the Procuring Entity’s staff who is directly or
indirectly involved in any Part of (i) the preparation of the
Terms of Reference of the Assignment, the selection process
for such assignment, or (iii) supervisions of the Contract

Conflicting 3.2 Government officials and civil servants may be hired as consultants
Relationships only if:

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 (i) They are on leave of absence without Pay.
(ii) They are not being hired by the Entity they were working for
six months prior to going on leave.

And

(iii) Their employment would not give rise to any conflict of

interest

4. Fraud &
Corruption It is Government’s policy that Consultants under the contract(s),
observe the highest standard of ethics during the procurement
and execution of such contracts. In pursuit of this policy, the
Procuring Entity follows the instructions contained in Khyber
Pakhtunkhwa Public procurement Rules 2014 which defines:

“Corrupt and fraudulent practices” includes the offering,

giving, receiving, or soliciting, directly or indirectly of
anything of value to influence the act of another Party for
wrongful gain or any act or omission, including
misrepresentation, that knowingly or recklessly misleads, or
attempt mislead a Party to obtain a financial or other benefit or
to avoid an obligation.

5. Integrity Pact
Under Rule 44 of KPPRA 2014, “The PE can inter-alia blacklist
Bidders found to be indulging in corrupt or fraudulent
practices.

Such barring action shall be duly publicized and communicated to the

KPPRA. Provided that any supplier or contractor who is to be
blacklisted shall be accorded adequate opportunity of being
heard”.

Pursuant to section 16(2)(3) of KPPRA Act 2012 Consultant

undertakes to sign an Integrity Pact in accordance with prescribed
format attached hereto for all the procurements estimated to exceed
Rs. 2.5 million.

6.Eligible 6.1 If short listing process has been undertaken through REOI, as outlined
Consultants under Rule 25 and 26 of KPPRA 2014 for the Contract(s) for which
these RFP documents are being issued, those firms - in case of Joint
Ventures with the same Partner(s) and Joint Venture structure - that
had been pre-qualified are eligible

6.2 Short listed consultants emerging from request of expression of

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 interest are eligible

7. Eligibility of A shortlisted Consultant would not be allowed to associate with

Sub Consultants consultants who have failed to qualify the short-listing process.
8.Only One Shortlisted Consultants may only submit one proposal. If a Consultant
Proposal submits or participates in more than one proposal, such proposals shall
be disqualified. Participation of the same Sub Consultant, including
individual experts, to more than one proposal is not allowed.
9.Proposal 9.1 The Data Sheet indicates Proposal’s validity that shall not be more
Validity than 90 days in case of National Competitive Bidding (NCB) and 120
days in case of International competitive Bidding (ICB). During this
Period, Consultants shall maintain the availability of Professional staff
nominated in the Proposal. The Procuring Entity will make its best
effort to complete negotiations within this period. Should the need
arise; however, the Procuring Entity may request Consultants to
extend the validity period of their proposals. Consultants who agree to
such extension shall confirm that they maintain the availability of the
Professional staff nominated in the Proposal, or in their confirmation
of extension of validity of the Proposal, Consultants may submit new
staff in replacement, who would be considered in the final evaluation
for contract award. Consultants who do not agree have the right to
refuse to extend the validity of their Proposals.
10. Clarification 10.1 Consultants may request for a clarification of contents of the bidding
& Amendment in document in writing and Procuring Entity shall respond to such
RFP Documents queries in writing within three calendar days, provided they are
received at least eight calendar days prior to the date of opening of
proposal provided that the query is received at least 11 days before
opening of the proposal. The procuring Entity shall communicate such
response to all Parties who have obtained RFP document without
identifying the source of inquiry. Should the PE deem it necessary to
amend the RFP as a result of a clarification, it shall do so
10.2 The Procuring Entity may amend the RFP five days before the closing
date by issuing an addendum/ corrigendum in writing. The addendum
shall be sent to all Consultants and will be binding on them.
Consultants shall acknowledge receipt of all amendments. To give
Consultants reasonable time in which to take an amendment into
account in their Proposals the Procuring Entity may, if the amendment
is substantial, extend the deadline for the submission of Proposals.
11.1 In preparing their Proposal, Consultants are exacted to examine in
11. Preparation of detail the documents comprising the RFP. Material deficiencies
Proposals (deviation from scope, experience, and qualification of Personnel) in
providing the information requested may result in rejection of a
Proposal.
11.2 The estimate number of professional staff months or the budget
required for executing the assignment should be shown in the data
sheet, but not both. However, proposal shall be based on the
professional staff month or budget estimated by the consultant.

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 The Proposal as well as all related correspondence exchanged by the
12. Language Consultants and the Procuring Entity shall be written in English
However it is desirable that the firm’s Personnel have a working
knowledge of the national and regional languages of Islamic Republic
of Pakistan
13. Technical 13.1 While preparing the Technical Proposal, consultants must give
Proposal Particular attention to the following:
Format and
Content (i) If a consultant considers that it does not have all the expertise
for the assignment, it may obtain a full range of expertise by
associating with individual consultant(s) and/or other firms or
entities in a joint venture or sub-Consultancy, as appropriate.
The international consultants are encouraged to seek the
Participation of local consultants by entering into a joint
venture with, or subcontracting Part of the assignment to,
national consultants
(ii) For assignments on a staff-time basis, the estimated number of
professional staff-months is given in the Data Sheet. The
proposal shall, however, be based on the number of
professional staff-months estimated by the firm. For fixed-
budget-based assignments, the available budget is given in the
Data Sheet, and the Financial Proposal shall not exceed this
budget.

(iii)It is desirable that the majority of the key professional staff

proposed be permanent employees of the firm or have an
extended and stable working relationship with it.

(iv) Proposed professional staff must, at a minimum, have the

experience indicated in the Data Sheet, preferably working
under similar geographical condition.
(v) Alternative professional staff shall not be proposed, and only
one curriculum vitae (CV) shall be submitted for each position.
13.2
13.2 The Technical Proposal shall provide the following information using
the attached Standard Forms (Section 3):
(i) A brief description of the consultant organization and an
outline of recent experience on assignments (Section 3B) of a
similar nature. For each assignment, the outline should
indicate, inter alia, the profiles of the staff, duration of the
assignment, contract amount, and firm’s involvement.
(ii) Any comments or suggestions on the Terms of Reference and
on the data, a list of services, and facilities to be provided by
the PE (Section 3C).
(iii) The list of the proposed staff team by specialty, the tasks that
would be assigned to each staff team member, and their timing
(Section 3E).

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 (iv) CVs recently signed by the proposed professional staff and the
authorized representative submitting the proposal (Section 3F).
Key information should include number of years working for
the consultant and degree of responsibility held in various
assignments (PE may give number of years as Per their
requirement) years.
(v) Estimates of the total staff input (professional and support
staff; staff time) needed to carry out the assignment, supported
by bar chart diagrams showing the time proposed for each
professional staff team member (Sections 3E and 3G).
(vi) A detailed description of the proposed methodology, work
plan for Performing the assignment, staffing, and monitoring of
training, if the Data Sheet pacifies training as a major
component of the assignment (Section 3D).
(vii) Any additional information requested in the Data Sheet

13.3 The Technical Proposal shall not include any financial information.

14.1 The Financial Proposal shall be prepared using the attached Standard
14. Financial Forms (Section 4). It shall list all costs associated with the assignment,
Proposals including (a) remuneration for staff (in the field and at the
Consultants’ office), and (b) reimbursable expenses indicated in the
Data Sheet (if applicable). Alternatively, Consultant may provide their
own list of cost. If appropriate, these costs should be broken down by
activity. All activities and items described in the Technical Proposal
must be priced separately; activities and items described in the
Technical Proposal but not priced, shall be assumed to be included in
the prices of other activities or items
15.1 The Consultant will be subject to all admissible taxes including stamp
15. Taxes duty and service charges at a rate prevailing on the date of contract
agreement unless exempted by relevant tax authority
16. Submission, 16.1 Proposal shall contain no interlineations or overwriting. Submission
Receipt, & letters for both Technical and Financial Proposals should respectively
Opening of be in the format of TECH-1 of Section 3, and FIN-1 of Section 4. All
Proposals Pages of the original Technical and Financial Proposals will be
initialed by an authorized representative of the Consultants (Individual
Consultant). The authorization shall be in the form of a written power
of attorney accompanying the Proposal.
16.2 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.
16.3 The original and all copies of the Technical Proposal shall be placed in
a sealed envelope clearly marked “Technical Proposal” Similarly, the
original Financial Proposal (if required under the selection method
indicated in the Data Sheet) shall be placed in a sealed envelope
clearly marked “Financial Proposal” followed by name of the
assignment, and with a warning “Do Not Open With The Technical
Proposal ” If the Financial Proposal is not submitted in a separate

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 sealed envelope duly marked as indicated above, this will constitute
grounds for declaring the Proposal non-responsive.
16.4 The Proposals must be sent to the address indicated in the Data Sheet
and received by the PE no later than the time and the date indicated in
the Data Sheet, or any extension to this date. Any proposal received by
the PE after the deadline for submission shall be returned unopened. In
order to avoid any delay arising from the postal or PE’s internal
dispatch workings, Consultants should ensure that proposals to be sent
through couriers should reach a day before the deadline for
submission.
17. Proposal 17.1 From the time the Proposals are opened to the time the Contract is
Evaluation awarded, the Consultants should not contact the PE on any matter
related to its Technical and/or Financial Proposal. Any effort by
consultants to influence the PE in the examination, evaluation, ranking
of Proposals, and recommendation for award of Contract may result in
the rejection of the Consultants’ Proposal

Evaluators of Technical Proposals shall have no access to the

Financial Proposals until the technical evaluation is concluded.
18. Evaluation of 18.1 The evaluation committee shall evaluate the Technical Proposals on
Technical the basis of their responsiveness to the Terms of Reference, applying
Proposals the evaluation criteria, sub-criteria, and point system specified in the
Data Sheet. Each responsive Proposal will be given a technical score
(St). A Proposal shall be rejected at this stage if it fails to achieve the
minimum technical score indicated in the Data Sheet

In the case of Quality-Based Selection, Selection Based on

Consultant’s Qualifications, and Single-Source Selection, the highest
ranked consultant or firm selected on a single-source basis is invited to
negotiate its proposal and the contract on the basis of the Technical
Proposal and the Financial Proposal submitted

Public Opening and Evaluation of Financial Proposals:

(LCS, QCBS, and Fixed Budget Selection Methods Only)
18.2 After the technical evaluation is completed, the PE shall notify in
writing Consultants that have secured the Minimum qualifying marks,
the date, time, and location, allowing a reasonable time, for opening
the Financial Proposals. Consultants’ attendance at the opening of
Financial Proposals is optional.
Financial proposals of those consultants who failed to secure minimum
qualifying marks shall be returned unopened
19. Evaluation of 19.1 Financial Proposals shall be opened publicly in the presence of the
Financial Consultants’ representatives who choose to attend. The name of the
Proposals Consultants and the technical scores of the Consultants shall be read
aloud. The Financial Proposal of the Consultants who met the
minimum qualifying mark will then be inspected to confirm that they
have remained sealed and unopened. These Financial Proposals shall

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 be then opened, and the total prices read aloud and recorded. Copy of
the record shall be sent to all Consultants
19.2 The Evaluation Committee will correct any computational errors.
When correcting computational errors, in case of discrepancy between
a Partial amount and the total amount, or between word and figures the
formers will prevail. In addition to the above corrections, activities and
items described in the Technical Proposal but not priced, shall be
assumed to be included in the prices of other activities or items.
19.3 In case of Least Cost Selection LCS Method, the bid found to be the
lowest evaluated bid shall be accepted.
19.4 In case of Quality and Cost Based Selection QCBS Method the lowest
evaluated Financial Proposal (Fm) will be given the maximum
financial score (Sf) of 100 points. The financial scores (Sf) of the other
Financial Proposals will be computed as indicated in the Data Sheet.
Proposals will be ranked according to their combined technical (St)
and financial (Sf) scores using the weights (T = the weight given to the
Technical Proposal; P = the weight given to the Financial Proposal; T
+ P = 1) indicated in the Data Sheet: S = St x T% + Sf x P%. The firm
achieving the highest combined technical and financial score will be
invited for negotiations.
19.5 In the case of Fixed-Budget and Quality Based Selection, the
Procuring Entity will select the firm that submitted the highest ranked
Technical Proposal.
20. Negotiations 20.1 Negotiations will be held at the date and address indicated in the Data
Sheet. The invited Consultant will, as a pre-requisite for attendance at
the negotiations, confirm availability of all Professional staff. Failure
in satisfying such requirements may result in the PE proceeding to
negotiate with the next-ranked Consultant. Representatives conducting
negotiations on behalf of the Consultant must have written authority to
negotiate and conclude a Contract
21. Technical 21.1 Technical Negotiations will include a discussion of the Technical
Negotiations Proposal, the proposed technical approach and methodology, work
plan, organization and staffing, and any suggestions made by the
Consultant to improve the Terms of Reference. The PE and the
Consultants will finalize the Terms of Reference, staffing schedule,
work schedule, logistics, and reporting. These documents will then be
incorporated in the Contract as “Description of Services”. Minutes of
negotiations, which will be signed by the PE and the Consultant, will
become Part of Contract Agreement
22. Financial 22.1 If applicable, it is the responsibility of the Consultant, before starting
Negotiations financial negotiations, to contact the local tax authorities to determine
the tax amount to be Paid by the Consultant under the Contract. The
financial negotiations will include a clarification (if any) of the firm’s
tax liability, and the manner in which it will be reflected in the
Contract; and will reflect the agreed technical modifications in the cost
of the services. Consultants will provide the PE with the information
on remuneration rates described in the Appendix attached to Section 4
(i.e., Financial Proposal - Standard Forms of this RFP

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23. Availability of 23.1 Having selected the Consultant on the basis of, among other things, an
Professional evaluation of proposed Professional staff, the PE expects to negotiate a
Staff /Experts Contract on the basis of the Professional staff named in the Proposal.
Before contract negotiations, the PE will require assurances that the
Professional staff will actually be available. The PE will not consider
substitutions during contract negotiations unless both Parties agree that
undue delay in the selection process makes such substitution
unavoidable or for reasons such as death or medical incapacity. If this
is not the case and if it is established that Professional staff were
offered in the proposal without confirming their availability, the
Consultant may be disqualified. Any proposed substitute shall have
equivalent or better qualifications and experience than the original
candidate and be submitted by the Consultant within the period of time
specified in the letter of invitation to negotiate
24. Award of 24.1 After completing negotiations, the Procuring Entity shall award the
Contract Contract to the selected Consultant within seven days after letter of
acceptance or award has been issued. Procuring Entity shall publish on
the website of the KPPRA and on its own website, the result of the
bidding process, identifying the bid through procuring identifying
number, if any and the following information, evaluation report, form
of contract and letter of award, bill of quantity or schedule of
requirement, as the case may be. However, the procuring entity shall
announce the final results of a bid evaluation giving justifications for
acceptance or rejection of bids at least ten days prior to the award of a
contract and place the same on its and KPPRA website
24.2 After publishing of award of contract consultant required to submit a
Performance security at the rate indicated in data sheet.
24.3 The Consultant is expected to commence the assignment on the date
and at the location specified in the Data Sheet
25. Confidentiality 25.1 Information relating to evaluation of Proposals and recommendations
concerning awards shall not be disclosed to the Consultants who
submitted the Proposals or to other Persons not officially concerned
with the process, until the publication of the award of Contract. The
undue use by any Consultant of confidential information related to the
process may result in the rejection of its Proposal.

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 DATA SHEET
Paragraph
Reference
ITC
1.1 Name of the Assignment is: PROCUREMENT OF CONSULTANT’S SERVICES
TO CARRY OUT FEASIBILITY STUDY OF
PUBLIC PRIVATE PARTNERSHIPS VIABILITY
IN NEWLY ESTABLISHED SCHOOLS OF
KHYBER PAKHTUNKHWA
The Name of the PE’s official Procuring Entity (PE)” means Elementary and
(s): Secondary Education, Khyber Pakhtunkhwa to
facilitate/ execute public private partnerships in
education.
Address: Civil Secretariat, Block 5, Peshawar
Telephone: 92-919213829
Facsimile:
E-mail: [email protected]
[email protected]
1.2 The method of selection is: Quality & Cost based selection (QCBS)
The Edition of the Guidelines • PPP Act 2020
is: • KPPRA Act 2012 & Rules 2014
• All other applicable Act and Rules
1.3 Financial Proposal to be As mentioned in ITC 16.3 i.e. The Technical Proposal
submitted together with Technical shall be placed in a sealed envelope clearly marked
Proposal: Yes “Technical Proposal” Similarly, the original Financial
Proposal shall be placed in a sealed envelope clearly
marked “Financial Proposal” followed by name of the
assignment, and with a warning “Do Not Open with
the Technical Proposal” and both these envelopes
shall be placed in a single envelope marked as
Technical & Financial proposal.
Note:
• If the Financial Proposal is not submitted in, a
separate sealed envelope duly marked as
indicated above, this would constitute grounds
for declaring the Proposal non-responsive.
1.4 The PE will provide the following • The Procuring Entity will also share the
inputs and facilities: information with regard to
• All the relevant parties will provide inputs
from time to time during the execution of the
contract as per terms of reference given for
each party in RFP.

1.5 The Proposal submission E&SE Department, Civil Secretariat, Block 5,

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 address Peshawar
Proposals must be submitted no February 07, 2023, at 10:00 am
later than the following date
and time:
1.6 Expected date for Soon after the award of Contract
commencement of consulting
services
at: E&SE Department, Civil Secretariat, Block 5,
Peshawar.
9.1 Proposal’s validity Proposals must remain valid for 90 days after the
submission date.
10.1 Clarifications may be requested Pre-Bid Meeting will be held on January 26, 2023,
not later than five days before 11:00 am
the submission date.
The address for requesting E&SE Department, Block A, Civil Secretariat,
clarifications is: Peshawar.
Facsimile: E-mail: [email protected]
[email protected]
12 Proposals shall be submitted in English
the following language:
6.1 Shortlisted Consultants may NO
associate with other shortlisted
Consultants: No
13.1 The format of the Technical Full Technical Proposal
Proposal to be submitted is:
FTP or STP
13.2(vii) Training is a specific NO
component of this assignment:
14.1 [List the applicable NA
Reimbursable expenses in
foreign and in local currency.
sample list is provided below
for guidance: items that are not
applicable
Should be deleted, others may
be added. If the PE wants to
define ceilings for unit prices of
certain Reimbursable expenses,
such ceilings should be
indicated in this Section]
1) a Per diem allowance in
respect of Personnel of
the Consultant for every
day in which the
Personnel shall be

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 absent from the home
office and, as applicable,
outside the beneficiary
country for purposes of
the Services;
2) cost of necessary travel,
including transportation
of the Personnel by the
most appropriate means
of transport and the
most direct practicable
route;
3) cost of office
accommodation,
investigations and
surveys;
4) cost of applicable
international or local
communications such as
the use of telephone and
facsimile required for
the purpose of
Consulting Services;
5) cost, rental and freight
of any instruments or
equipment required to
be provided by the
Consultants for the
purposes of Consulting
Services
6) cost of printing and
dispatching of the
reports to be produced
for Consulting Services
7) other allowances where
applicable and
provisional or fixed
sums (if any); and
Covered in the
foregoing.
15.1 Amounts Payable by the PE to YES
the Consultant under the
contract to be subject to local
taxation, stamp duty and service
charges, if applicable:
16.3 Consultants to state local cost in NA

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 the national currency (in case of
ICB only):
16.2 Consultant must submit the Bidders must submit the original Technical Proposal,
original and one copy of the and the original of the Financial Proposal
Technical Proposal, and the
original of the Financial
Proposal.
18.1 TECHNICAL EVALUATION CRITERIA

Attached at Annex-A

19.4 The lowest evaluated Financial Proposal (Fm) will be given the maximum financial score
(Sf) of 100 points. The financial scores (Sf) of the other Financial Proposals will be
computed as indicated in the Data Sheet. Proposals will be ranked according to their
combined technical (St) and financial (Sf) scores using the weights (T = the weight given to
the Technical Proposal; P = the weight given to the Financial Proposal; T + P = 1) indicated
in the Data Sheet: S = St x T% + Sf x P%. The firm achieving the highest combined
technical and financial score will be invited for negotiations.

20.1 The single currency for price conversions is: PKR

24.2 Successful consultant is required to submit 500,000/-Performance security in form of CDR,

demand draft or bank guarantee amounting contract validity period.
24.3 As per work plan (which is part of the technical proposal.
25.1 Consultants undertake to sign Integrity Pact for the procurement estimated to exceed Pak
Rs.2.5 million

Page 18 of 53
 ANNEX-A

TECHNICAL EVALUATION CRITERIA FOR “PROCUREMENT OF

CONSULTANT’S SERVICES TO CARRY OUT FEASIBILITY STUDY OF PUBLIC
PRIVATE PARTNERSHIPS VIABILITY IN NEWLY ESTABLISHED SCHOOLS OF
KHYBER PAKHTUNKHWA”

Mandatory documents:
1. Certificate of registration.
2. NTN Certificate.
3. Income tax active taxpayer certificate as of closing date.
4. KNTN Certificate.
5. KPRA Active taxpayer certificate as of closing date.
6. Undertaking on notarized judicial stamp paper of Rs: 100/- that firm is not blacklisted
7. Undertaking on notarized judicial stamp paper of Rs: 100/- that firm accepts all terms &
conditions set forth in bidding documents.
8. Tender Fee (5000/) in Account of -----Acc No----

FIRM EVALUATION PARAMETERS

1 FIRM PROFILE 15
A. Years of existence (5 Marks)
i. Years of incorporation, more than 10 years = 5 marks
ii. Years of incorporation, more than 05 years = 3 marks
iii. Years of incorporation, more than 02 years = 2 marks

B. No. of Qualified Partners (5 Marks)

i. More than 3 partners = 5 marks
ii. Up to 3 Partners = 3 marks
iii. Up to 2 Partners = 2 marks

C. Public Sector Clients (5 Marks)

i. More than 05 Clients = 05 marks
ii. More than 03 Clients = 03 marks
iii. More than 02 Clients = 02
2 PAST EXPERIENCE 25
Only five best firms/organizations would be
Supported by following
considered. Each firm/organization will be scored as
documents
under:
• PPP Compliant
i. Conducting feasibility studies for PPPs, PPPs in
Feasibility study/Bidding
Education Sector - 5 Marks per feasibility study
Documents/Concession
ii. Bidding Documents/ concession agreements 03
agreements/ financial
marks per activity
closure
iii. Financial closure of PPPs in education sector 1.5
marks per activity

Page 19 of 53
3 FUNDS MANAGEMENT CAPACITY 10
Accumulative Financial Turn a. Rs. 50 million or more 10
Over last three Financial b. Rs.25 million to less than Rs. 50 million 07
Years (2019,2020 & 2021)
c. Rs. 10 million to less than Rs. 25 million 05
4 HUMAN RESOURCE CAPACITY 30
Education Advisor

i. Education Expert with minimum post qualification

experience of 15 years – 10 marks
10
ii. Education Expert with minimum post qualification
experience of 10 years – 5 marks
iii.
Education Expert with minimum post qualification
experience below 10 years – 2 marks
PPP Specialist
i. PPP Specialist with minimum post qualification
Attached Updated CVs & experience of 15 years – 07 marks
Degrees 07
ii. PPP Specialist with minimum post qualification
experience of 10 years – 03 marks
iii. PPP Specialist with minimum post qualification
experience below 10 years – 01 mark
PPP Appraiser/ Financial Modeler
i. Financial Analyst with minimum post qualification
experience more than 09 years = 07 marks:
07
ii. Financial Analyst with post qualification experience
less than 09 years but more than 03 years = 03
marks:
Legal Advisor/ Procurement Specialist

i. Procurement Specialist having experience more than 12

years = 06 Marks 06
ii. Procurement Specialist having experience less than 12
years but more than 05 years = 03 Marks
Note: Attached the CVs of all staff members with this proposal
5 Technical approach and Operational methodology 10
Presentation is mandatory on technical approach & Operational methodology
6 Work Plan / Operationalization Plan 10
TOTAL 100
QUALIFYING MARKS 70

Page 20 of 53
Total Marks (Technical Criteria + Financial Criteria): TM: 70 + 30 =100

Financial Evaluation of Proposal:

Financial proposals of those consultants who failed to secure minimum qualifying marks in the
technical evaluation shall be returned un-opened.
The lowest evaluated Financial Proposal (Fm) will be given the maximum financial score (Sf) of
100 points. The financial scores (Sf) of the other Financial Proposals will be computed as
indicated in the Data Sheet. Proposals will be ranked according to their combined technical (St)
and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal; P =
the weight given to the Financial Proposal; T + P = 1) indicated in the Data Sheet: S = St x T% +
Sf x P%. The firm achieving the highest combined technical and financial score will be invited
for negotiations.

Page 21 of 53
 Section 3.
Technical Proposal - Standard Forms

Page 22 of 53
Section 3. Technical Proposal - Standard Forms
[Comments in brackets] provide guidance to the shortlisted Consultants for the preparation of
their Technical Proposals; they should be deleted from the Technical Proposals to be submitted.]

Form TECH-1. Technical Proposal Submission Form ........................................................... 24

Form TECH-2. Consultant’s Organization and Experience .................................................... 25
A - Consultant’s Organization ........................................................................................... 26
Form TECH-3. Comments and Suggestions on the Terms of Reference and on Counterpart Staff
and Facilities to be Provided by the PE ................................................................................... 27
A - On the Terms of Reference ......................................................................................... 27
Form TECH-4. Description of Approach, Methodology and Work Plan for Performing the
Assignment ............................................................................................................................. 28
Form TECH-5. Team Composition and Task Assignments.................................................... 29
Form TECH-6. Curriculum Vitae (CV) for Proposed Professional Staff ............................... 30

Page 23 of 53
 FORM TECH-1. TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date]

To:

Secretary,
Elementary and Secondary Education Department,
Khyber Pakhtunkhwa, Peshawar.
Dear Sir:

We, the undersigned, offer to provide the consulting services for PROCUREMENT OF
CONSULTANT’S SERVICES TO CARRY OUT FEASIBILITY STUDY OF PUBLIC
PRIVATE PARTNERSHIPS VIABILITY IN NEWLY ESTABLISHED SCHOOLS OF
KHYBER PAKHTUNKHWA in accordance with your Request for Proposal dated [Insert Date]
and our Proposal. We are hereby submitting our Proposal, which includes this Technical
Proposal, and a Financial Proposal sealed under a separate envelope.
We hereby declare that all the information and statements made in this Proposal are true
and accept that any misinterpretation contained in it may lead to our disqualification.
If negotiations are held during the period of validity of the Proposal, i.e., before the date
indicated in the Data Sheet, we undertake to negotiate on the basis of the proposed staff. our
Proposal is binding upon us and subject to the modifications resulting from Contract
negotiations.
We undertake, if our Proposal is accepted, to initiate the consulting services related to the
assignment not later than the date indicated in the Data Sheet.
We understand you are not bound to accept any Proposal you receive.
We do hereby agree to accept all the terms and conditions given for conducting the
feasibility study.
Yours sincerely,
Authorized Signature [In full and initials] '. ____________________________
Name and Title of Signatory: _______________________________________
Name of Firm: ___________________________________________________
Address:

Page 24 of 53
 For FTP Only

Form TECH-2. Consultant’s Organization and Experience

A - Consultant's Organization

[Provide here a brief (two Pages) description of the background and organization of your
firm/entity].

Page 25 of 53
 B - Consultant’s Experience

[Using the format below, provide information on each assignment carried out for which your
firm was legally contracted either individually or as a corporate entity or as one of the major
companies within an association, for carrying out consulting services similar to the ones
requested under this assignment.
Assignment name: Approx. value of the contract:

Country: Duration of assignment (months):

Location within country:

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

Address: :

Start date (month/year): Completion date No of professional staff-months provided by

(month/year): associated Consultants:

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

Narrative description of Project:

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

Firm’s Name:

Page 26 of 53
 For FTP Only
Form TECH-3. Comments and Suggestions on the Terms of
Reference and on Counterpart Staff and Facilities to be
Provided by the PE
A - On the Terms of Reference

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

Page 27 of 53
Form TECH-4. Description of Approach, Methodology and
Work Plan for Performing the Assignment
a) Technical Approach and Methodology,
b) Work Plan, and
c) Organization and Staffing,
a) Technical Approach and Methodology. In this chapter you should explain your
understanding of the objectives of the assignment, approach to the services, methodology for
carrying out the activities and obtaining the exact output, and the degree of details 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 chapter you should propose the main activities of the assignment, their
content and duration, phasing and interrelations, milestones (including interim approvals by the
PE), and delivery dates of the reports. The proposed work plan should be consistent with the
technical approach and methodology, showing understanding of the TOR and ability to translate
them into a feasible working plan.
c) Organization and Staffing. In this chapter you should propose the structure and composition
of your team. You should list the main disciplines of the assignment, the key expert responsible,
and proposed technical and support staff.]

Page 28 of 53
 FORM TECH-5. TEAM COMPOSITION AND TASK ASSIGNMENTS

Professional Staff

Name of Staff Qualification Area of Expertise Positions Assigned Tasks Assigned

Page 29 of 53
 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. Education [Indicate college/university and other specialized education of staff member,

giving names of institutions, degrees obtained, and dates of obtainment]: _________________

6. Membership of Professional Associations: _____________________________________

7. Other Training [Indicate significant training since degrees under 5 - Education were
obtained]: ________________________________________________________________________

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

9. Languages [For each language indicate proficiency: good, fair, or poor in speaking,
reading, and writing]:

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

From [Year]: ____ To [Year]:

Employer: __
Positions held: _________

Page 30 of 53
 11. Detailed Tasks Assigned 12. Work Undertaken that Best Illustrates Capability to Handle
the Tasks Assigned
[List all tasks to be Performed under [Among the assignments in which the staff has been involved, indicate
the following information for those assignments that best illustrate staff
this assignment] capability to handle the tasks listed under point 11.]

Name of assignment or project:

Year:

Location:
PE:
Main project features:
Positions held:
Activities Performed:

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

_______________________________________________________ Date: ____________

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

Full name of authorized representative: _______

Page 31 of 53
 Staff Months

N° Activity Months
I 2 3 4 5 6 7 8 9 10 11 12 n
1
2
3
4
5

Page 32 of 53
Section 4. Financial Proposal - Standard Forms

Page 33 of 53
 Section 4. Financial Proposal - Standard Forms

[Comments in brackets [ ] provide guidance to the shortlisted Consultants for the preparation of
their Financial Proposals; they should be deleted from the Financial Proposals to be submitted.]

Financial Proposal Standard Forms shall be used for the preparation of the Financial
Proposal according to the instructions provided under Para. 3.6 of Section 2. Such Forms are
to be used whichever is the selection method indicated in Para. 4 of the Letter of Invitation.

[The Appendix “Financial Negotiations - Breakdown of Remuneration Rates” is to be only used

for financial negotiations when Quality-Based Selection, Selection Based on Qualifications, or
Single-Source Selection method is adopted, according to the indications provided under Para.
6.3 of Section 2. ]

Form FIN-1. Financial Proposal Submission Form .......................................................... 35

Form FIN-2. Summary of Costs ....................................................................................... 36

Page 34 of 53
 FORM FIN-1. FINANCIAL PROPOSAL SUBMISSION FORM
[Location, Date]

To:
Secretary,
E&SE Department,
Block 5, Civil Secretariat,
Peshawar.

Dear Sir,

We, the undersigned, offer to provide the consulting services for FEASIBILITY
STUDY OF PUBLIC PRIVATE PARTNERSHIPS VIABILITY IN NEWLY ESTABLISHED
SCHOOLS OF KHYBER PAKHTUNKHWA in accordance with your Request for Proposal
dated [Insert Date] and our Technical Proposal. Our attached Financial Proposal is for the sum
of [Insert amount(s) in words and figures1].
Our Financial Proposal shall be binding upon us subject to the modifications resulting
from Contract negotiations, up to expiration of the validity period of the Proposal, i.e., before the
date indicated in Paragraph Reference 1.12 of the Data Sheet.

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

accept all the terms and conditions of this RFP.

Yours sincerely,

Authorized Signature [In full and initials] '. ___________________

Name and Title of Signatory: _______________________________
Name of Firm: ___________________________________________
Address' _______________________________________________

1 Amounts must coincide with the ones indicated under Total Cost of Financial proposal in Form FIN-2.

Page 35 of 53
FORM FIN-2 SUMMARY OF COSTS

S. Description Professional Fees

NO Month-1 Month-2 Month-3 Month-4
01 Dir Upper
02 Hangu
03 Haripur
04 Kohat
05 Malakand
06 Mardan
07 Swat
08 Torghar
09 Upper Chitral
10 Kohistan
Average

Note: All firms are expected to quote the rate for all cities/districts, any box left blank will be
assumed that highest quoted rate by any firm.

Page 36 of 53
 SECTION-05:
TERMS OF REFERENCE (TOR)

Page 37 of 53
 TERMS OF REFERENCE (TOR)
PROCUREMENT OF CONSULTANT’S SERVICES TO CARRY OUT FEASIBILITY
STUDY OF PUBLIC PRIVATE PARTNERSHIPS VIABILITY IN NEWLY
ESTABLISHED SCHOOLS OF KHYBER PAKHTUNKHWA

BACKGROUND

Department of Elementary and Secondary Education, Khyber Pakhtunkhwa derives its mandate
for Public Private Partnerships from the Khyber Pakhtunkhwa PPP Act 2020. It has the scope to
improve the education services delivery at Primary and secondary school level across the
province through Public Private Partnerships. The E&SE Department has the mandate to enter
into agreements with different implementing partners in PPP mode of various educational
facilities and services.
Proposed organization for management of PPP projects with the E&SE Department will qualify
the procurement criteria and will be selected through competitive bidding by the E&SE
Department. The current project envisages a PPP compliant feasibility study regarding the
viability of PPP interventions in the newly established schools located in different districts of
Khyber Pakhtunkhwa.

OBJECTIVES OF THIS DOCUMENT

Objectives of this assignment are hiring of firm to,
1. Develop a PPP Compliant feasibility study under the PPP Act 2020
2. Prepare tender documents
3. Supporting the E&SE Department in conducting the tendering process, signing of the
Concession Agreement and Financial Closure

AIM OF THE FEASIBILITY STUDY

The purpose of this feasibility study is to assess the viability of Public Private Partnerships in the
newly established schools located in different districts of Khyber Pakhtunkhwa. This will
involve a review of the overall environment conduciveness for PPP viability, preparation of
tendering documents and supporting the department till the financial closure. The feasibility
study will determine whether the schools selected for Public Private Partnerships interventions
are viable and operationally sufficient to serve the needs of the Department in the areas of
Education Services Delivery at the desired levels of quality, access, and retention. Besides, this
study is also aimed to develop a risk matrix for identification, categorization and sharing of risks
with the private partners.

THE ASSIGNMENT/ FEASIBILITY STUDY

1. Development of PPP-Compliant Feasibility Study: The hired consultant/firm will

develop a PPP-Compliant feasibility study and share with the E&SE Department for
vetting. The Education Department may suggest changes if required and will share with

Page 38 of 53
 consultant/firm for further process.

2. Preparation of Tender Documents: The hired consultant/firm will be responsible to

prepare all the necessary documents for tendering after the feasibility study and viability
of schools to given under the PPP mode.

3. Conducting the Tender Process till the signing of concession agreement:

Which may include but not limited to:

I. Expression of Interest (EoI) – Expression of interest for prospective private
partners interested in partnering with the Elementary And Secondary Education
Department to carry out its Public Private Partnerships initiatives.
II. RFP – Request for Proposals from the interested private partners.
III. Draft Contract – Drafting a contract for the legal binding between Elementary
and Secondary Education Department and the Private Partner.
4. Financial Close: The selected consultant/ firm will be responsible to assist the
Department of Elementary and Secondary Education in Financial Closure with the
interested Private Partners.

APPROACH/METHODOLOGY
To achieve the objectives of this assignment the consultant shall use appropriate qualitative and
quantitative methods, including interviews, documents analysis and direct observations. The
assignment will start with initial meeting with the team involved in supervising the PPP
initiatives of the Department of Elementary and Secondary Education to discuss requirements
stated in the ToRs and the availability of documents that the consultant will require from the
Department. It will be followed by submission of a work plan to the Department of Elementary
and Secondary Education. The consultant firm is expected to conduct desk review and as well as
detailed survey on the basis of workplan approved by the Department of Elementary and
Secondary Education.

FIELD VISIT
The consultant firms will be required to visit the schools and communities where the schools are
located during the course of this feasibility study. It is mandatory to visit all the locations where
the schools are established. The purpose of these visits would be to ensure that all the key
parameters inevitable for the success of PPP interventions in Education have been studied and
documented with sufficient contextual evidence.

REPORTING:
The consultant firm will discuss their preliminary findings with the Elementary and Secondary
Education Department and based on their feed-back will submit a final report of their assessment
which will identify the key recommendations for the successful implementation of PPPs in
education and suggest actions for rectification if required.

Page 39 of 53
 Section-6
Conditions of Contract

Page 40 of 53
 General Conditions of Contract
1. GENERAL PROVISIONS

1.1 Definitions Unless the context otherwise requires, the following terms whenever
used in this Contract have the following meanings:

a. “Applicable Law” means the Khyber Pakhtunkhwa Public

Private Partnership Act 2020 and Khyber Pakhtunkhwa Public
Procurement Act, thereunder Rules 2014.
b. “Procuring Entity PE” means the Elementary and Secondary
Education Department which signs the contract

c. Consultant” means a professional institute/firm (as the case

may be) who can study, design, organize, evaluate, and manage
feasibility study for Public Private Partnerships interventions in
the newly established schools of Khyber Pakhtunkhwa

d. “Contract” means the Contract signed by the Parties and all the
attached documents listed in its Clause 1, that is General
Conditions (GC), the Special Conditions (SC), and the
Appendices.

e. “Contract Price” means the price to be Paid for the Performance

of the Services, in accordance with Clause 6;

f. “Effective Date” means the date on which this Contract comes

into force and effect pursuant to Clause GC 2.1.

g. “Foreign Currency” means any currency other than the

currency of the PE’s country.
h. “GC” means these General Conditions of Contract.
i. “Government” means the Government of Khyber Pakhtunkhwa.
j. “Local Currency” means Pak Rupees.
k. “Member” means any of the entities that make up the joint
venture/consortium/association, and “Members” means all
these entities.

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l. “Party” means the PE or the Consultant, as the case may be,
and “Parties” means both of them.
m. “Personnel” means Persons hired by the Consultant or by any
Sub Consultants and assigned to the Performance of the
Services or any Part thereof.

n. “SC” means the Special Conditions of Contract by which the

GC may be amended or supplemented.

o. “Services” means the consulting services to be performed by

the Consultant pursuant to this Contract, as described in the
Terms of References.

p. “Sub-Consultants” means any Person or entity to whom/which

the Consultant subcontracts any Part of the Services.

q. “In writing” means communicated in written form with proof of

receipt

Page 42 of 53
1.2 Law Governing This Contract, its meaning and interpretation, and the relation between
Contract the Parties shall be governed by the applicable law

1.3 Language This Contract is executed in the language specified in the SC, which
shall be the binding and controlling language for all matters relating to
the meaning or interpretation of this Contract
1.4 Notices 1.4.1 Any notice, request or consent required or permitted to be given or
made pursuant to this Contract shall be in writing. Any such notice,
request or consent shall be deemed to have been given or made when
delivered in Person to an authorized representative of the Party to
whom the communication is addressed, or when sent to such Party at
the address specified in the SC.
1.4.2 A Party may change its address for notice hereunder by giving the
other Party notice in writing of such change to the address specified in
the SC
1.5 Location The Services shall be performed at such locations as are specified in
special condition of contract and, where the location of a Particular
task is not so specified, at such locations, whether in the Government’s
country or elsewhere, as the PE may approve
1.6 Authority of Member in In case the Consultant consists of a joint venture/ consortium/
Charge association of more than one individual firms, the Members hereby
authorize the individual firms or specified in the SC to act on their
behalf in exercising all the Consultant’s rights and obligations towards
the PE under this Contract, including without limitation the receiving
of instructions and Payments from the PE
1.7 Authorized Any action required or permitted to be taken, and any document
Representatives required or permitted to be executed under this Contract by the PE or
the Consultant may be taken or executed by the officials specified in
the SC
1.8 Taxes & Duties The Consultant, Sub-Consultants, and their Personnel shall Pay such
direct or indirect taxes, duties, fees, and other impositions levied under
the Applicable Law as specified in the SC, the amount of which is
deemed to have been included in the Contract Price
1.9 Fraud & If the PE determines that the Consultant and/or its Personnel, sub-
Corruption contractors, sub-consultants, services providers, and suppliers has
engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices, in competing for or in executing the Contract, then the PE
may, after giving 14 days’ notice to the Consultant, terminate the
Consultant's employment under the Contract, and may resort to other
remedies including blacklisting/disqualification as provided in KPPR
2014
Any Personnel of the Consultant who engages in corrupt, fraudulent,
collusive, coercive, or obstructive practice during the execution of the
Contract, shall be removed in accordance with Sub-Clause 4.2.
Integrity Pact
A. If the Consultant or any of his Sub-consultants, agents or

Page 43 of 53
 servants is found to have violated or involved in violation of the
Integrity Pact signed by the Consultant as Appendix-G to this Form of
Contract, then the Client shall be entitled to:
(a) recover from the Consultant an amount equivalent to ten times
the sum of any commission, gratification, bribe, finder’s fee or
kickback given by the Consultant or any of his Sub-consultant, agents
or servants;
(b) terminate the Contract; and
(c) Recover from the Consultant any loss or damage to the Client
as a result of such termination or of any other corrupt business
practices of the Consultant or any of his Sub-consultant, agents or
servants.
On termination of the Contract under Sub-Para (b) of this Sub Clause,
the Consultant shall proceed in accordance with Sub Clause 1.9 A.
Payment upon such termination shall be made under Sub-Clause 1.9 A
after having deducted the amounts due to the Client under 19 B Sub-
Para (a) and (c).
2. COMMENCEMENT, COMPLETION, MODIFICATION & TERMINATION OF CONTRACT
2.1 Effectiveness This Contract shall come into effect on the date the Contract is signed
of Contract by either Parties or such other later date as may be stated in the SC.
The date the Contract comes into effect is defined as the Effective
Date.
2.2 Commencement of The Consultant shall begin carrying out the Services not later than the
Services number of days after the Effective Date specified in the SC.
2.3 Expiration of Unless terminated earlier pursuant to Clause GC 2.6 hereof, this
Contract Contract shall expire at the end of such time period after the Effective
Date as specified in the SC.
2.4 Modifications or Any modification or variation of the terms and conditions of this
Variations Contract, including any modification or variation of the scope of the
Services, may only be made by written agreement between the Parties.
However, each Party shall give due consideration to any proposals for
modification or variation made by the other Party.
2.5 Force Majeure The failure on the Part of the Parties to Perform their obligation under
the contract will not be considered a default if such failure is the result
of natural calamities, disasters, and circumstances beyond the control
of the parties.
2.5.1 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
insofar as such inability arises from an event of Force Majeure,
provided that the Party affected by such an event (a) has taken all
reasonable precautions, due care and reasonable alternative measures in
order to carry out the terms and conditions of this Contract, and (b) has
informed the other Party as soon as possible about the occurrence of
such an event

Page 44 of 53
 2.5.2 Extension of Time
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

2.5.3 Payment
During the period of their inability to Perform the Services as a result
of an event of Force Majeure, the Consultant shall be entitled to be
Paid under the terms of this Fixed term Contract
2.6 Termination The PE may terminate this Contract in case of the occurrence of any of
the events specified in Paragraphs (a) through (f) of this Clause GC
2.6.1 By PE
In such an occurrence the PE shall give a not less than thirty (30) days’
written notice of termination to the Consultant, and sixty (60) days in
the case of the event referred to in (e).
a. If the Consultant does not remedy the failure in the
Performance of their obligations under the Contract, within
thirty (30) days after being notified or within any further period
as the PE may have subsequently approved in writing
b. If the Consultant becomes insolvent or bankrupt.
c. If the Consultant, in the judgment of the PE has engaged in
corrupt or fraudulent practices in competing for or in executing
the Contract.
d. If, as the result of Force Majeure, the Consultant(s) are unable
to perform a material portion of the Services for a period of not
less than sixty (60) days.
e. If the PE, in its sole discretion and for any reason whatsoever,
decides to terminate this Contract.
f. If the Consultant fails to comply with any final decision
reached as a result of arbitration proceedings pursuant to Clause
GC 8 hereof
2.6.2 By the Consultant
The Consultants may terminate this Contract, by not less than thirty
(30) days’ written notice to the PE, such notice to be given after the
occurrence of any of the events specified in Paragraphs (a) through (c)
of this Clause GC 2.6.2
a. If the PE fails to pay any money due to the Consultant pursuant
to this Contract without consultants’ fault.
b. Pursuant to Clause GC 7 hereof within forty-five (45) days after
receiving written notice from the Consultant that such Payment
is overdue.
c. If, as the result of Force Majeure, the Consultant is unable to

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 perform a material portion of the Services for a period of not
less than sixty (60) days.
d. If the PA fails to comply with any final decision reached as a
result of arbitration pursuant to Clause GC 8 hereof.
Payment upon the Termination
2.6.3
Upon termination of this Contract pursuant to Clauses GC 2.6.1
or GC. 2.6.2, the PE shall make the following Payments to the
Consultant:
a. Payment pursuant to Clause GC 6 for Services
satisfactorily Performed prior to the effective date of
termination
b. except in the case of termination pursuant to Paragraphs
(a) through, and (f) of Clause GC 2.6.1, reimbursement
of any reasonable cost incident to the prompt and
orderly termination of the Contract
3. OBLIGATIONS OF THE CONSULTANT
3.1 General 3.1.1 Standard of Performance
The Consultant shall Perform the Services and carry out their
obligations hereunder with all due diligence, efficiency, and
economy, in accordance with generally accepted professional
standards and practices, and shall observe sound management
practices, and employ appropriate technology and safe and
effective equipment, machinery, materials and methods. The
Consultant shall always act, in respect of any matter relating to
this Contract or to the Services, as faithful advisers to the PE,
and shall at all times support and safeguard the PE’s legitimate
interests in any dealings with Sub-Consultants or third parties.
3.2 Conflict of Interest The Consultant shall hold the PE’s interests Paramount, without any
consideration for future work, and strictly avoid conflict with other
assignments or their own corporate interests
3.2.1 Consultants not to Benefit from Commissions, Discounts, etc.
The Payment of the Consultant pursuant to Clause GC 6 shall
constitute the Consultant’s only Payment in connection with this
Contract or the Services, and the Consultant shall not accept for their
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 their obligations under the Contract, and the
Consultant shall use their best efforts to ensure that the Personnel, any
Sub-Consultants, and agents of either of them similarly shall not
receive any such additional Payment
3.2.2 Prohibition of Conflicting Activities
The Consultant agrees that, during the term of this Contract and after
its termination, the Consultant and any entity affiliated with the
Consultant, as well as any Sub-Consultants and any entity affiliated
with such Sub Consultants, shall be disqualified from providing goods,

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 works or services (other than consulting services) resulting from or
directly related to the Consultant’s Services for the preparation or
implementation of the project
3.2.3 Prohibition of Conflicting Activities
The Consultant shall not engage and shall cause their Personnel as well
as their Sub-Consultants and their Personnel not to engage, either
directly or indirectly, in any business or professional activities which
would conflict with the activities assigned to them under this Contract.
3.4 Confidentiality Except with the prior written consent of the PE, the Consultant and the
Personnel shall not at any time communicate to any Person or entity
any confidential information acquired in the course of the Services, nor
shall the Consultant and the Personnel make public the
recommendations formulated in the course of, or as a result of, the
Services.
3.5 Consultant’s Actions The Consultant shall obtain the PE’s prior approval in writing before
Requiring PE’s Prior taking any of the following actions:
Approval (a) entering into a subcontract for the Performance of any Part of the
Services,
(b) appointing such members of the Personnel not listed, and
(c) any other action that may affect the contract directly or indirectly
3.6 Reporting Obligations a. The Consultant shall submit to the PE the reports and
documents specified in in TOR hereto, in the form, in the
numbers and within the time Period set forth in the said TOR.
b. Final reports shall be delivered in CD ROM in addition to the
hard copies specified in said TOR.
3.7 Documents Prepared by (a) All plans, reports, other documents, and any other material
the Consultant to be the submitted by the Consultant under this Contract shall become and
Property of the PE remain the property of the PE, and the Consultant shall, not later than
upon termination or expiration of this Contract, deliver all such
documents to the PE, together with a detailed inventory thereof.
3.8 Professional liability of 3.8.1 The consultant shall be liable for consequence of errors or omissions
consultant on its part. The extent of liability of the consultant in no case should be
less than consideration of the contract.
3.8.2 The consultant shall be held liable for all losses or damages and
shortcomings in deliverables etc., suffered by the procuring entity as a
result of misconduct or inadequate services in performing the
consulting services
3.8.3 In case of poor/unsatisfactory performance or failure to complete any
of the deliverables/output, the procuring entity will have the right to
deduct the same amount allocated for the said deliverables/output from
the contract price and may terminate the contract or shall impose both
3.10 Monitoring and 3.10.1 The Consultant shall submit the report along with the attendance to the
Evaluation Elementary and Secondary Education Department. The PE shall
monitor and evaluate and visit the consultant business place each
month. The Consultant shall facilitate the PE for inspection of the

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 relevant records and the consultant shall produce the relevant records
on demand of PE for evaluation.
3.10.2 If the consultant failed to provide the relevant records to the PE, the PE
shall have the right to terminate the contract and impose the penalty of
not less than the consideration of the contract as the case may be.
4. CONSULTANT’S PERSONNEL
4.1 Description of Personnel The Consultant shall employ and provide such qualified and Personnel
experienced Personnel as are required to carry out the Services. The
titles agreed job descriptions, minimum qualifications, and estimated
Period of engagement in the carrying out of the Services of the
Consultant’s Key Personnel are described in Section 3 & TOR. The
Key Personnel listed by title as well as by name in proposal are hereby
approved by the PE.
4.2 Removal and/or a. Except as the PE may otherwise agree, no changes shall be
Replacement of Personnel made in the Key Personnel. If, for any reason beyond the
reasonable control of the Consultant, such as retirement, death,
medical incapacity, among others, 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 PE finds that any of the Personnel have (i) committed
serious misconduct or have been charged with having
committed a criminal action, or (ii) have reasonable cause to be
dissatisfied with the Performance of any of the Personnel, then
the Consultant shall, at the PE’s written request specifying the
grounds thereof, provide as a replacement a Person with
qualifications and experience acceptable to the PE
c. The Consultant shall have no claim for additional costs arising
out of or incidental to any removal and/or replacement of
Personnel.
5. OBLIGATIONS OF THE PE
5.1 Assistance and The PE shall use its best efforts to ensure that the Government shall
Exemptions provide the Consultant such assistance and exemptions as the PE can
provide.

5.2 Change in the Applicable If, after the date of this Contract, there is any change in the Applicable
Law Related to Taxes and Law with respect to taxes and duties, the PE will deduct all the taxes
Duties and duties as per prevailing applicable tax laws.

5.3 Services and Facilities The PE shall make available free of charge to the Consultant the
Services and Facilities listed under Appendix F

6. PAYMENTS TO THE CONSULTANT

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6.1 Lump-sum Payment The total Payment due to the Consultant shall not exceed the Contract
Price which is an all-inclusive fixed lump-sum covering all costs
required to carry out the Services described in TOR and Scope of
Services, the Contract Price may only be increased above the amounts
stated in Clause If the Parties have agreed to additional Payments in
accordance with Clause 2.4
6.2 Contract Price The contract price shall be lump sum and payment shall be made in
Pak Rupees

6.3 Payment for Additional For the purpose of determining the remuneration due for additional
Services services as may be agreed under Clause 2.4, a breakdown of the lump
sum price shall be provided.

6.4 Terms and Conditions of Payments will be made to the account of the Consultant and according
Payment to the Payment schedule and terms and conditions stated in the TORs

7. GOOD FAITH
7.1 The parties undertake to act in good faith with respect to each other’s
rights under this Contract and to adopt all reasonable measures to
ensure the realization of the objectives of this Contract.
8. SETTELMENT OF DISPUTES
8.1 Amicable Settlement The parties agree that the avoidance or early resolution of
disputes is crucial for a smooth execution of the Contract and
the success of the assignment. The parties shall use their best
efforts to settle amicably all disputes arising out of or in
connection with this Contract or its interpretation.
8.2 Dispute Resolution Any dispute between the parties as to matters arising pursuant
to this Contract that cannot be settled amicably within thirty
(30) days after receipt by one party of the other Party’s request
for such amicable settlement may be submitted by either party
for settlement in accordance with the provisions specified in the
SC

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III. Special Conditions of Contract
GCC
Ref No

1.1 Khyber Pakhtunkhwa Public Private Partnership Act 2020

Khyber Pakhtunkhwa Public Procurement Rules

1.3 The language is English

1.4 The addresses are:

Procuring Entity: Khyber Pakhtunkhwa Elementary and Secondary Education
1.5 Department
Attention: Public Private Partnership Advisor
E-mail: [email protected]
[email protected]
1.7 The Authorized Representatives are:
For the PE: _____________________________
For the Consultant: _____________________
2.1 The duration of the contract shall be 04 Months

2.2 The date for the commencement of Services is [soon after signing of contract].

2.4 • The duration of the contract shall be 04 months

• The PE has right to monitor the activities of the institution in accordance
with contracts at any time on mutually agreed indicators. In case of any
breach of agreement to provide the services agreed the contract may be
terminated after warning.
• The Institution after negotiation with PE in light of provision of KPPRA
Act, PPP Act and Rules shall submit the negotiated amended proposal as
integral part of contract agreement if declared as successful bidder.
2.5.3 Extension of Time: this contract cannot be extended beyond 04 months. However,
the PE may re-advertise in which the same institution /consultant may apply.

2.6 Termination of Contract: In following conditions, the contract shall stand

terminated.
• If the consultant fails to comply with the clauses of contract agreement and
this RFP.
• Fails to maintain the standard of services for which they have been
selected at the time of selection.
• Major deviation from technical & financial proposal
• Found indulged in any sought of corrupt practices.
• Found to be the source of misinformation or false claims in submitted
bid/s to PE.

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3.5 The Institution shall seek permission prior to
• Any deviation from the Khyber Pakhtunkhwa PPP Act 2020 and KPPRA
• Any change in the agreed scope of work
8.2 Disputes shall be settled as per PPP Act 2020 and by complaint redressal
committee through Grievance Redressal as per KPPRA Rules 2014
The Procuring Agency and / or Purchasing Agency, as the case may be, and the
Supplier/bidder/institution shall make every effort to resolve amicably by direct
negotiation any disagreement or dispute arising between them under or in
connection with the contract / supplies.
However, despite such negotiation if the Purchasing Agency& Supplier have been
unable to resolve amicably a contract dispute, either party may refer the case to
KP Elementary and Secondary Education Department, Peshawar for decision and
that will be final which cannot be challenged in a court of law.

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 Appendix A
(INTEGRITY PACT)

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.

PAYABLE BY THE SUPPLIERS OF GOODS, SERVICES & WORKS IN
CONTRACTS WORTH RS. 10.00 MILLION OR MORE
Contract No. ____________ Dated
Contract Value: _____________
Contract Title:
[name of Supplier] hereby declares that it has not obtained or induced the procurement
of any contract, right, interest, privilege or other obligation or benefit from Government
of Khyber Pakhtunkhwa (GoKP) or any administrative subdivision or Entity thereof or
any other entity owned or controlled by GoKP through any corrupt business practice.
Without limiting the generality of the foregoing, [name of Supplier] represents and
warrants that it has fully declared the brokerage, commission, fees etc. Paid or Payable to
anyone and not given or agreed to give and shall not give or agree to give to anyone
within or outside Pakistan either directly or indirectly through any natural or juridical
person, including its affiliate, agent, associate, broker, consultant, director, promoter,
shareholder, sponsor or subsidiary, any commission, gratification, bribe, finder’s fee or
kickback, whether described as consultation fee or otherwise, with the object of obtaining
or inducing the procurement of a contract, right, interest, privilege or other obligation or
benefit in whatsoever form from GoKP, except that which has been expressly declared
pursuant hereto.
[name of Supplier] certifies that it has made and will make full disclosure of all
agreements and arrangements with all persons in respect of or related to the transaction
with GoKP and has not taken any action or will not take any action to circumvent the
above declaration, representation, or warranty.
[name of Supplier] accepts full responsibility and strict liability for making any false
declaration, not making full disclosure, misrepresenting facts, or taking any action likely
to defeat the purpose of this declaration, representation, and warranty. It agrees that any
contract, right, interest, privilege or other obligation or benefit obtained or procured as
aforesaid shall, without prejudice to any other rights and remedies available to GoKP
under any law, contract, or other instrument, be voidable at the option of GoKP.
Notwithstanding any rights and remedies exercised by GoKP in this regard, [name of
Supplier] agrees to indemnify GoKP for any loss or damage incurred by it on account of
its corrupt business practices and further Pay compensation to GoKP in an amount
equivalent to ten time the sum of any commission, gratification, bribe, finder’s fee or
kickback given by [name of Supplier] as aforesaid for the purpose of obtaining or
inducing the procurement of any contract, right, interest, privilege or other obligation or
benefit in whatsoever form from GoKP.

Name of Buyer: ..... Name of Seller/Supplier: ..

Signature: .............. Signature: ..........................
[Seal] [Seal]

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(Annex- B)

(HUMAN RESOURCE CAPACITY)

S. No Name Qualification Experience Office

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