sub: human resources services provisioning contract on ......addressed to general manager inventory...

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Supply Chain Management

REF: GM(ICM)/CAC/CONT/HR Services/2020 M/S

Sub: Human Resources Services provisioning Contract on domestic network

Dear Sirs, We are pleased to invite your sealed tenders for the Contract mentioned above. In case of more than one schedule separate tender for each schedule should be furnished. The terms & conditions of the tender/ supplies are given below:-

A) SUBMISSIONOF TENDER

1. You are required to send your tenders addressed to General Manager Inventory & Contract

Management, PIA Supply Chain Management Building JIAP Karachi latest by 21-09-2020 by

10:30Hrs.The tenders may be dropped in the tender box marked as “Tender Box Commercial Purchases” placed at the entrance of the PIA Supply Chain Management Building latest by 10:30 hours on the specified date. You may also send your tenders through registered A/D mail addressed to General Manager Inventory & Contract Management, which must reach before the closing date and time mentioned above. Tenders will be opened at 11:00 hours the same day in the presence of tenderers.

2. Tenders received after stipulated date & time shall not be considered. The PIACL will not be responsible for postal delays. The decision of General Manager Inventory & Contract Management, in this respect shall be final and binding.

3. Bidders are required to submit a Pay Order of Rs.3000/-(Non-Refundable) as tender fees along with Technical Proposal. (Local bidders only)

B) EARNEST MONEY (Local bidders only)

The Tender should be accompanied by a Pay Order payable ( v a l i d f o r 1 2 0 d a y s f r o m t h e d a t e o f t e n d e r o p e n i n g ) e q u i v a l e n t t o 2 % o f t o t a l b i d v a l u e in the name of M/S PAKISTAN INTERNATIONAL AIRLINES as interest free Earnest Money (Refundable). Earnest Money in any other shape shall not be accepted. Earnest / Security Money deposited against a running contract (s) purchase orders(s) shall not be transferable as earnest money for any other tender. All tenders without Earnest Money shall not be considered.

C) SECURITY DEPOSIT (Local bidders only)

The successful tenderer upon award of Contract / Purchase Order will be required to furnish

security deposit (pay order/ Bank Guarantee) in the amount equivalent to 10% of total tender value stated in the Letter of Acceptance as interest free Security deposit and to remain valid 3-months after the expiry period of the Contract. The Earnest Money already held can be

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converted into Security Deposit and balance amount if any shall be deposited as above. D) PREPARATION OF TENDER “Single Stage Two Envelope Basis”

The BID (Tender) submitted shall comprise of a single package containing two sealed

envelopes, each envelope shall be marked and will contain “FINANCIAL” and “TECHNICAL” proposal.

On the given tender opening date only “Technical Proposal” will be opened in the presence of tenderers available.

The “Financial Proposal” shall be shown to the parties but will be retained with PIACL without being opened.

After Technical Evaluation of the received Technical Proposals, Financial Proposals will be opened publicly at the date, time & venue to be announced and will be communicated to the bidders in advance.

PIACL will only open the “Financial Proposals” publicly of the parties whose Technical Proposals have been found acceptable.

Financial Proposals of the technically not-acceptable bids shall be returned un-opened to the respective bidders.

E) PREPARATION OF TENDER - TECHNICAL PROPOSAL:

All mandatory requirements are given in the schedule. Please give all the available technical details of the items offered by you, supported with the technical literature, brochure, drawings and pictures, client list details, authorization certificates etc. BIDS / Tenders / Technical Proposal received shall be evaluated in accordance with the given technical specifications. PIACL’s requirements with Technical Specifications are given.

Bidders MUST:

Be registered with Sales Tax Authorities. (Please attach copy of Registration

Certificate). Quote Rates, GST and other taxes separately. Bid on Prescribed Proforma issued by PIACL. Affix the company seal on all tender documents.

Mention clearly Tender Reference on TOP RIGHT CORNER OF PROPERLY SEALED ENVELOPE, BEARING COMPANY’S STAMP F) PREPARATION OF TENDER – FINANCIAL PROPOSAL

The tenders should be enclosed in double cover. The inner cover should be sealed having enclosed the following documents:

a) Schedule “A” duly filled in, signed and sealed. b) Original Pay Order for Earnest Money. c) Undertaking on Rs. 100/= above non-judicial Stamp Paper duly signed and stamped by a

Public Notary Oath Commissioner.(Local Bidders Only)

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d) The outer cover should bear address of the General Manager Inventory & Contract Management, PIACL SCM Building, Karachi Airport and reference number of the tender with opening date of tender.

e) All information about the services /material proposed to be supplied must be given as required in the schedule to tender.

G) PRICES

a) The Prices mentioned in the tender will be treated as firm till the completion of Purchase Order / Contract.

b) The Prices must be stated both in words and figures. Additional information, if any must be linked with entries on the Schedule to Tender.

c) Offers must be valid for 120 days. H) Duration of Contract Contract will be awarded for the period ONE YEAR. The term of the contract is extendable for another two terms subject to PIACL requirement and satisfactory performance of the Service Provider by mutual consent on same terms and conditions. Muhammad Asim Khan General Manager Inventory & Contract Management Supply Chain Management PIA Head Office, Karachi. Ph: 021 9904 3081, 9904 4216 Email: [email protected], [email protected]

mailto:[email protected]

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AGREEMENT THIS AGREEMENT is made at Karachi on _____ day of _______ month, 2020, between PAKISTAN INTERNATIONAL AIRLINES CORPORATION LIMITED (PIACL), a public limited company incorporated and governed by and under the laws of Pakistan having it registered office at Jinnah International Airport, Karachi (hereinafter referred to as “PIACL” which expression shall where the context so required and admits be deemed to include its successors and assigns) of the One Part.

AND _________________________________________________________ a Firm / Company registered ______________________________________________________________under the laws of Pakistan being represented through ___________________________________ and having its registered office at _________________ (hereinafter referred to as the “Services Provider” which expression shall, where the context so required and admits, include its successors in interest and permitted assigns) as Party of Other Part. The PIACL and the Service Provider may individually be referred to as a “Party” and collectively be referred to, as “Parties”, respectively, as the context of this Agreement requires. WHEREAS the PIACL is desirous of acquiring Human Resource Services mentioned in Annexure “A” along with required defined categories (hereinafter referred to as the “Services”). The Annexure “A” be considered as an integral part of this agreement for the purpose of calculation of payments. AND WHEREAS the Service Provider is the successful bidder for provisioning of such services. Whereas the Services Provider warrants and assures that it possesses, acquires and shall provide the required services to the satisfaction of the PIACL for the purpose of execution of the contract and whereas, PIACL has accepted the bid submitted by the Services Provider upon terms and conditions set herein below:- NOW, THEREFORE THIS AGREEMENT WITNESTH AS UNDER: ARTICLE – 1 TERMS OF THE AGREEMENT This Agreement shall be valid for a period of ONE (01) year, with effect from _____________ to _______. The term of the contract is extendable for another two terms subject to PIACL requirement and satisfactory performance of the Service Provider by mutual consent on same terms and conditions. ARTICLE – 2 TERMINATION OF THE AGREEMENT

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a. Without prejudice to any other available rights / remedies PIACL shall have the right to terminate this agreement at its option for any reason specifically provided hereunder or otherwise in case of any breach of this agreement by Service Provider.

b. The performance of services by the Services Provider under this agreement shall remain under observation during the whole period of the agreement, in case the services are found non satisfactory, below the specified standard or non performance due to strike of the Services Provider’s staff/officials, this contract shall be terminated by PIACL at any time with immediate effect without giving any notice and in such events the Services Provider shall be declared disqualified for further prequalification and award of any contract by PIACL and shall be BLACK LISTED and entire security deposit will be confiscated.

c. Notwithstanding anything contained in this agreement each party shall have the

right to terminate this agreement without assigning any reason or cause thereof upon 90 days written notice to the other party through registered post and / or confirmatory facsimile / e mail.

d. In addition to the above, PIACL shall be entitled to terminate this agreement

forthwith at any time upon serving notice in the event of misconduct either on the part of the Services Provider or its staff / official s or non performance of responsibilities and services by the Services Provider inter alia under Article – 7 and other provisions of this agreement.

e. The termination under this Article 2 shall be without prejudice to the acquired rights

and liabilities of either party prior to termination. ARTICLE – 3 PRICES In consideration of services provided hereunder, PIACL agrees to pay Services Fee to Service Provider PKR ___________ total sum of _______________ in words ____________ per year during the period of validity of this agreement after making all required deductions. If the standard of services provided by the Services Provider is not up to the required standard, acceptable to PIACL, then PIACL may get the required services performed through other ways and means at the sole risk and cost of the Services Provider and expenditures incurred in obtaining such services shall be deducted from the amounts due from PIACL, to the Services Provider. If the required services are not satisfactory or Services Provider fails to provide the agreed services, it is the sole discretion of MANAGER HR OUTSOURCING or any other authorized officer of PIACL to impose following penalties:

For non performance or } Fine of Rs. 5000/= will be imposed each observation / complaint

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Unsatisfactory performance } due to making default in the provision of services and deducted } from the bill of the contractor. ARTICLE – 4 PAYMENTS Payments in respect of supply / services shall be made by concerned Finance Manager or any authorized officer of PIACL, within 30 days of the submission of the pre-receipt / certified bills, which are to be strictly in conformity with the agreed services. The payments on lump sum basis shall be made to the Services Provider after verification and deduction of all required applicable Government Taxes etc. levied by any Federal / Provincial / Local Government or its authorities. ARTICLE 4A SATISFACTORY PERFORMANCE CERTIFICATE Services Provider is required to get endorsed/verified the bills from General Manager concerned or his representative DGM/ Incharge of the area with reference to satisfactory/actual services rendered during the month and submit to General Manager Accounting /Finance Managers for direct payment to Services Provider within 30 days of submission of bill/invoice. ARTICLE 4B TAXES, DUTIES, GOVT. DUES ETC Services Provider shall submit PR-2 Form along with payment Receipt on monthly basis made to EOBI and “Provincial Employees Social Services Institution” i.e SESSI, PESSI, ESSI etc. (any other prescribed by Govt. under applicable Laws) for the number of staff / officials deployed with PIACL on quarterly basis. ARTICLE – 5 PERFORMANCE GUARNTEE AS INTEREST FREE SECURITY DEPOSIT Prior to signing of this agreement the Service Provider shall furnish a performance guarantee in shape of interest free Security deposit/Bank Guarantee from a bank and in form and substance acceptable to PIACL, of the amount equivalent to 10% of total contract value in form of bank draft which shall be retained by the PIACL throughout the validity of this agreement and after 03 months period after the expiry of this agreement or early termination whatever the case may be. ARTICLE – 6 RECOVERIES

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When any amount is recoverable from the Services Provider under any provision of this agreement PIACL shall be entitled to deduct any such amount from the pending bills and/or through Security Deposit/Bank Guarantee of the Services Provider, whether due in respect of this or any other agreement and / or form any other due amount of the Services Provider lying with PIACL and the Services Provider shall have no objection on deduction of the same. ARTICLE – 7 RESPONSIBILITIES OF THE SERVICES PROVIDER

a. The Service Provider shall provide Services at such times and on such terms as is described in the Schedule of Services annexed hereto as Annexure “A”. While provisioning of such services according to Annexure “A”, service provider shall coordinate with Manager HR Outsourcing or any other official designated in this behalf, the service provider shall not directly coordinate with any official of PIACL for any matter related to this Agreement and Annexure “A”.

b. The Services Provider hereby agrees and undertakes that with a view to provide

appropriate and first rate execution of all Manpower/Human Resource Services under the provisions of this agreement, it shall maintain and agree to deploy work force of most efficient, honest, able individuals and experienced persons. These individuals shall work for and on behalf of the Services Provider and by no means will they be treated as employees of PIACL. The hiring and firing of staff / officials is exclusive right of the Services Provider, who alone shall be competent to take disciplinary action if needed against them. However, PIACL or its authorized official may ask the Services Provider to remove its staff/official(s) whom in the opinion of PIACL or its authorized official is/are undesirable person(s). The Services Provider shall remove such staff/official(s) and provide suitable replacement immediately so as to maintain and keep the number of work force required as per annexure “A”.

c. The Services Provider shall install TMS machines separately from its own cost for its staff / officials / deployed at PIACL for marking their attendance. A copy of the attendance sheet of all the deployed of the Services Provider shall be submitted each day on shift basis where required to the PIACL within half an hour of arrival of each shift which will be subject to verification by physical head count. The object of providing attendance record to the PIACL is to ensure safety and security of its establishment and installation and also to enable it to monitor that the work force as per Annexure “A” deployed by the Services Provider, is available to provide effective and satisfactory Services. In case the attendance falls short of the work force as prescribed in Annexure “A” the PIACL shall be at liberty to make such deduction from the amounts payable to the Services Provider as it may deem fit at the rate of Rs.1000/- per day per person in addition to the penalty provided hereinabove in Article – 03.

d. The Services Provider is bound to make payment to its staff/officials regularly not beyond 5th day of each month positively. The Services Provider is bound to submit a certificate along with its bills duly verified by authorized officials(s) of PIACL at the location that all the wages to its staff / official s have been paid by the 5th day of the month in accordance with the terms of this agreement. If at any stage, it is found that the Services Provider has issued a wrong certificate in this respect and / or the

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staff/official deployed at PIACL have been paid less amount in violation of applicable law or agreement, PIACL shall have the right to terminate this agreement forthwith and confiscate the entire security deposit/bank guarantee of the Services Provider lying with PIACL. No bill of the Services Provider shall be paid if not supported by required documents and its subsequent verification. If the Services Provider fails to make payment to its staff / officials by 5th of each month PIACL make payments to them from the outstanding amount or bills of the Services Provider in order to avoid any law and order problem on its premises and in addition shall impose 100% penalty on the Services Provider. If the Services Provider fails to make the payments to its staff / officials for two consecutive months, PIACL may terminate this agreement without giving any notice to him and shall forfeit his entire security deposit/bank guarantee. The Services Provider shall liable to pay minimum wages as announced by respective Govt. under applicable laws.

e. The Services Provider hereby agrees and undertakes that it shall assign all such duties and responsibilities to its staff / officials shall perform diligently the duties and responsibilities assigned to them.

f. The Services Provider shall be required to obtain clearance Certificate from Police Department and the Security Division of PIACL in respect of all its staff / official engaged in provisioning of services within the premises of PIACL. Unless they possess this clearance, they shall not be allowed to enter the premises of PIACL. Furthermore, each staff/official shall be required to produce to PIACL, a certificate from a Registered Medical Practitioner confirming that such staff / official is free from all infectious diseases at the time of deployment in PIACL and subsequently on an annual basis also. All expenditures incurred in this respect shall be the sole responsibility of the Services Provider. The Services Provider shall provide a complete list of its staff / officials to be deployed at PIACL premises to the office of Manager Outsourcing PIACL, Islamabad and Supply Chain Management Department of PIACL on monthly basis. The Service Provider has to ensure Health Safety of all the staff / officials deployed at the PIACL premises. However, the Services Provider shall provide the Medical Fitness Certificates to PIACL issued by the Medical Practitioners legally authorized to issue such certificates for any / each individual deployed at PIACL.

g. For the purpose of identification and maintaining security, the Services Provider shall issue proper identity cards to all its staff/officials who may be detailed to work within the premises of PIACL in connection with rendering the services under an agreement and the staff/officials shall display their identity cards while on duty.

h. The Services Provider will be entirely responsible and agreed that in the performance of its contractual obligations assumed by it under this agreement, all the applicable laws, rules and regulations and customs of the country including but not limited to payment of wages / allowances, insurance of the staff / official, their medical attention, gratuity, grant of annual, sick and casual leave and other rights, facilities and benefits to which Services Provider’s staff/officials are entitled to and hereby expressly agreed and understood by the Services Provider that all such responsibilities in this regards are sole liability of Services Provider and the grant of any such rights, facility or benefits to its staff/officials at any time whether under any applicable law or otherwise shall not result in any cost to PIACL.

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i. The Services Provider shall be solely liable for any act or omission in contravention of laws and PIACL shall not be liable for any of its acts or omissions, if any legal proceedings are initiated against PIACL for any act or omission of the Services Provider. The cost (including without limitation incidental and the consequential cost including attorney’s legal fee etc.) shall be borne by the Services Provider and PIACL shall have the right to recover the cost from any due amount of the Services Provider or through Security Deposit, in addition to available legal recourse.

j. The Services Provider accepts total responsibilities for the settlement of all claims resulting from death, injury, burn or accident of any kind to its staff / officials, advisors, agents or any other third person acting for and on its behalf in the discharge of the said services under this agreement.

k. If any law requires that one or both the parties register this agreement pursuance to such a law the entire cost of such registration including but not limited to payment of Stamp Duty etc., shall be borne by the Services Provider.

l. If any loss or damage is caused to PIACL’s property by any staff / official , officer or representative of the Services Provider, such loss shall be made good by Services Provider.

m. The Services Provider warrants that it is bonafide and independent legal entity working in its own name, account and acknowledges that this agreement does not confer in any manner whatsoever upon it or any individual deployed by it, the status of any staff / official, agent or advisor of PIACL.

n. The Services Provider shall prior to the signing of this agreement obtain / maintain insurance coverage’s acceptable to PIACL for its staff / officials and or / third party or any property for any claim arising under any applicable laws from the performance or non performance of its contractual obligations under this agreement during the period of agreement and any subsequent extension.

o. The Services Provider further undertakes and agrees to indemnify and hold harmless, PIACL, its staff / official s and agents from and against any and all claims, demand, liabilities, damages and expenses of any nature whatsoever, arising from or out of the execution or performance of any service under this agreement by the Service Provider, its staff/officials deployed at the PIACL or its agents.

p. All the above said liabilities of the Services Provider are without prejudice to its order present / future liabilities arising from this agreement whether due to the performance and / or non performance of its contractual obligations or otherwise.

q. Uniforms to be provided by service provider as per pattern, fabric & colour duly approved by PIACL, reimbursement shall be made upon production of receipts on agreed rates as approved by PIACL. The service provider shall not be entitled for any service charges in this respect. All staff/officials shall wear neat and clean uniform while on duty. If any staff/officials is found without wearing proper uniform or wearing dirty / torn uniform a penalty Rs. 500/= per person per day will be imposed and deducted from the monthly bills in addition to the penalty as per Article -03

r. If the standard of services provided by the Services Provider is not upto the standard acceptable to PIACL or the Service Provider’s staff/officials go on strike for any reason, then PIACL may get the required Human Resource services performed through other ways and means at the cost and risk of the Services Provider and the expenditure incurred on obtaining such services shall be deducted from amounts due from PIACL to the Service provider. If the services provided by the Services

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Provider are not satisfactory at the sole discretion of PIACL representative then any of its authorized official not less than Manager may impose a penalty not exceeding 10% of the total monthly bill for that month, moreover, PIACL shall be at liberty to terminate this agreement without any notice. In the event of such termination entire security deposits of the Services Provider shall be confiscated.

s. Increase / decrease in Federal / provincial / local and applicable Govt. Taxes, levies, minimum wages, contributions, if any, during contract period shall be incorporated in contract amount with mutual consent.

ARTICLE – 8 SERVICES TO BE PROVIDED BY THE SERVICES PROVIDER Criteria & number of all categories for staff/officials required from Service Provider at different areas of PIACL Operational / non-Operational in shift patrons / daily day basis / monthly basis or else as per requirement of the PIACL are attached in Annexure A. ARTICLE – 9 INSOLVENCY AND BREACH OF CONTRACT Should the Services Provider be adjudicated insolvent or made to enter into any agreement for composition with creditors or be wound up their compulsorily or voluntarily or commit any breach of this agreement not herein specifically provided. PIACL shall have the right to declare the agreement terminated forthwith and in which case the Services Provider shall be liable to the confiscation of security deposit and pay PIACL any extra expenses which it might incur but it shall not be entitled to any gain / compensation from PIACL. ARTICLE – 10 FORCE MAEJURE

Service Provider shall be liable for delay in the execution of the agreement, or any failure to fulfil any term of the agreement if such delay or fulfilment has been caused by Force Majeure.

b. Force Majeure for the purpose of the agreement shall mean an occurrence which is beyond the control of the Service Provider which could not have been overcome or prevented by the exercise of reasonable efforts and diligence.

c. Among other events, an event shall be deemed to be within the

control of Service Provider if:

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It is due to a fault or failure of Service Provider and/or its staff / officials, Subcontractor, unless such fault or failure is due to an occurrence, which is beyond the control of the Service Provider.

i. Force Majeure shall not include any event if it is due to compliance

with any law in Pakistan at the date of agreement or if it arises as a result of weather or site conditions, which are not normal.

ii. On occurrence of any condition of Force Majeure the party so affected shall immediately give reasonable notice of such an event to the other party and promptly confirm that notice by letter or fax / e mail.

iii. Use reasonable endeavour to mitigate the effect upon fulfilment of its obligation under the contract and resume full performance of such obligations.

ARTICLE – 11 CORRESPONDENCE The Services Provider shall not correspond with approach any other authority person directly or indirectly whether the staff of PIACL or OTHERWISE EXCEPT THE MANAGER OUTSOURCING regarding any matter arising from this or any other agreement with PIACL. The Services Provider may carry on correspondence with designated officials of the user department. ARTICLE – 12 NOTICE All notices requests and demands given to or made upon the parties shall be in writing and posted through registered mail confirmatory fax / e mail at the addresses set forth below: PIACL: Manager Outsourcing,

Ground Floor, PIA Booking Office, AK Fazal Haq Road, Blue Area, Islamabad.

. Contractor: ______________________________.

ARTICLE – 13 DISCLOSURE – CLAUSE

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INTEGRITY PACT / DISCLOSURE CLAUSE

(To be submitted on Company’s Letterhead) Declaration of Fees, Commissions and Brokerage Etc. Payable by the Suppliers, Vendors, Distributors, Manufacturers, Contractor & Service Providers of Goods, Services & Works___________________________________________ the Seller / Supplier / Contractor hereby declares its intention not to obtain the procurement of any Contract, right, interest, privilege or other obligation or benefit from Government of Pakistan or any administrative sub-division or agency thereof or any other entity owned or controlled by it (GOP) through any corrupt business practice. Without limiting the generality of the forgoing the Seller / Supplier / Contractor / Service Provider 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 including the procurement of a contract, right, interest, privilege or other obligation or benefit in whatsoever form from Government of Pakistan, except that which has been expressly declared pursuant hereto. The Seller / Supplier / Contractor / Service Provider certifies that it has made and will make full disclosure of all agreements an arrangements with all persons in respect of or related to the transaction with Government of Pakistan and has not taken any action or will not take any action to circumvent the above declaration, representation or warranty. The Seller / Supplier / Contractor / Service Provider 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 right and remedies available to Government of Pakistan under any law, contract or other instrument, be void-able at the option of Government of Pakistan. Notwithstanding any rights and remedies exercised by Government of Pakistan in this regard, the Seller / Supplier / Contractor / Service Provider agrees to indemnify Government of Pakistan for any loss or damage incurred by it on account of its corrupt business practices and further pay compensation to Government of Pakistan in any amount equivalent to ten time the sum of any commission, gratification, brief, finder’s fee or kickback given by the Seller / Supplier / Contractor as aforesaid for the purpose of obtaining or inducing the procurement of any contract, right, interest, privilege or other obligation or benefit in whatsoever from Government of Pakistan.

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ARTICLE – 14 This Agreement embodies the entire understanding of the parties and there are no promises, terms, conditions or obligations oral written other than those contained in this Agreement ARTICLE – 15

Liquidated Damages / Penalties

1. If the Service Provider fails / delays in performance of any of the obligations, under the

Agreement / violates any of the provisions of the Agreement / commits breach of any of

the terms and conditions of the Agreement the PIACL may, without prejudice to any other

right of action / remedy it may have, deduct from the Contract Price/Security

Deposit/invoices, as liquidated damages, a sum of money @--------% of the total Contract

Price which is attributable to such part of the Services / the deliverables, in consequence of

the failure / delay, be put to the intended use, for every day between the scheduled

delivery date(s), with any extension of time thereof granted by the PIACL , and the actual

delivery date(s). Provided that the amount so deducted shall not exceed, in the aggregate,

@--------% of the Contract value.

ARTICLE – 16

Blacklisting

If the Service Provider fails / delays in performance of any of the obligations, under the Contract / violates any of the provisions of the Agreement / commits breach of any of the terms and conditions of the AGREEMENT or found to have engaged in corrupt or fraudulent practices in competing for the award of agreement or during the execution of the contract, the PIACL may without prejudice to any other right of action / remedy it may have, blacklist the agreement, either indefinitely or for a stated period, for future tenders in public sector, as per provision of PPRA Rules.

ARTICLE – 17

Forfeiture of Interest Free Performance Security

1. The Interest Free Performance Security/Security Deposit shall be forfeited by PIACL, on

occurrence of any / all of the following conditions:

a. If the Service Provider commits a default under the Agreement;

b. If the Service Provider fails to fulfill any of the obligations under the

Agreement;

c. If the Service Provider violates any of the terms and conditions of the

Agreement.

2. The Service Provider shall cause the validity period of the performance security to be

extended for such period(s) as the Agreement performance may be extended. In case the

Contractor fails to submit Security Deposit with extended validity period for such period(s)

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as the Agreement performance may be extended, an amount equal to 10% of total contract

value shall be deducted from the payments to be made against the Agreement.

3. If the Service Provider fails / poor/ delays in performance of any of the obligations, under

the Agreement / violates any of the provisions of the Agreement / commits breach of any of

the terms and conditions of the Agreement the PIACL may, without prejudice to any other

right of action / remedy it may have, forfeit Performance Security/Security Deposit of the

Service Provider.

4. Failure to supply required deliverable/ services within the specified time period will

invoke penalty as specified in this document. In addition to that, Performance Security

amount will be forfeited and the company will not be allowed to participate in future

tenders as well.

ARTCLE -18: WAIVER The failure of either party at any time to require the performance by the other of any of the terms and provisions hereof shall in no way effect the right of that party thereafter to enforce hereof the same nor shall the waiver by either of the party or breach of any of the terms or provision hereof taken or held to be waiver of any succeeding breach of any such terms or provision itself. ARTCLE -19: AUTHORITY OF PERSON SIGNIG AGREEMENT AND DOCUMENT Person signing this Agreement or any other document forming part of this Agreement on behalf of the Supplier shall be deemed to warrant that he has the authority to do so from me Supplier, and if on enquiry, it is revealed that the person so signing had no authority to do so PIA without prejudice to other legal rights / remedies cancel the Agreement without notice and hold the signatory liable for all costs and damages. ARITCLE - 20: MISCELLANEOUS

a) This Agreement supersedes all prior agreement (s) and understanding (s) relating to the

Subject. All terms and conditions and the quoted rates are valid to the extent they are not

repugnant to the terms and conditions of this Agreement or the parties specifically agreed in

writing about any deviation from the terms and conditions of this Agreement.

b) This are inserted in this Agreement for the purpose of reference and convenience and in no

way define, limit or describe the scope or intent of this Agreement and / or not be deemed

an integral part thereof.

c) This Agreement shall be binding upon and shall insure to the benefit of both parties here to

their respective successors and assigns provided always that any assignment shall have

made in the accordance with the Article -15 hereof.

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ARTICLE-21: NOTICE All notices, requests and demand given to or made upon the parties shall be in writing and posted through Registered Mail and confirmatory Facsimile / e mail at the addresses set forth below. ARTICLE – 22

ASSIGNMENT The Contractor shall not assign or sub-contract its obligations under the Contract, in whole or in

part, except with the PIACL prior written consent. In case of written consent by PIACL, all the

expenses of assignment shall be borne by Contractor including without limitation lawyers fee

without any change in the terms of this contract, unless consented by the PIACL.

The Contractor shall guarantee that any and all assignees / subcontractors of the Contractor shall,

for performance of any part / whole of the services under the contract, comply fully with the

terms and conditions of the Contract applicable to such part / whole of the services under the

contract.

If the Contractor assigns this Agreement to any other party in contravention of this Article, PIACL in its discretion may terminate this agreement and / or black list and debar the Contractor for future to execute any contract with PIACL with confiscation of Security Deposit and/or claim damages through legal recourse. ARTICLE – 23 ARBITRATION GOVERNING LAW & JURISDICTION

i. If at any time any question, dispute or difference may arise between both the parties under this Agreement, either party may as reasonable, give to the other Notice in writing of the existence of such question, dispute or difference, specifying its nature and the point at issue, for conciliation failing which the matter shall be referred to a single arbitrator nominated by the consent of the parties in accordance with the provision of Arbitration Act of 1940 or any statutory modification or re-enactment thereof for the time being in force or the seat of the arbitration shall be at Karachi.

ii. The parties shall submit to the exclusive jurisdiction of the courts at Karachi.

iii. This agreement shall be governed by the law of Islamic Republic of Pakistan. ARTICLE 24. CONFIDENTIALITY The terms, provisions, and conditions of this contract and any materials, information, files and documentation provided by one party to the other party in connection herewith are strictly confidential and proprietary, and shall be treated and maintained as such, and except where otherwise expressly provided hereunder, neither the terms, provisions, and conditions hereof or any materials, information and documents received from the other party in connection herewith shall be disclosed by a party without the prior written consent of the other party to any person not a

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party to this contract the parties shall not disclose confidential information unless such disclosure is required under the law. No amendment, including but not limited to increase and decrease of the requirement of HR services, modification or waiver of any provision of the contract or of any right, power or remedy shall be effective unless made expressly and in writing by PIACL to the service provider. No waiver of any breach of any provision of this contract shall: (a) be considered to be a waiver of any subsequent or continuing breach of that provision; and (b) release, discharge or prejudice the right of the waiving party to require strict performance by the other party of any other provisions of this contract. SEVERABILITY The invalidity, illegality or unenforceability of any one or more of the provisions of this contract shall not affect or impair the validity and enforceability of any other provisions of this contract in any way whatsoever. IN WITNESS WHEREOF the parties hereunto set their hands on the days, month and the years mention herein above. FOR & ON BEHALF OF FOR & ON BEHALF OF THE PAKISTAN INTERNATIONAL AIRLINES CONTRACTOR

NAME _______________________ NAME _______________________ DESIGN _____________________ DESIGN______________________ SEAL _______________________ SEAL ________________________ WITNESS -1 WITNESS -1 SIGN ________________________ SIGN ________________________ NAME _______________________ NAME _______________________ CNIC NO _____________________ CNIC NO _____________________ WITNESS -2 WITNESS -2 SIGN ________________________ SIGN ________________________ NAME _______________________ NAME _______________________ CNIC NO _____________________ CNIC NO _____________________

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Terms of Reference a. This Agreement shall be valid for a period of ONE (01) year, with effect from _____________ to _______. The term of the contract is extendable for another two terms subject to PIACL requirement and satisfactory performance of the Service Provider by mutual consent on same terms and conditions. b. The Service Provider shall provide Services at such times and on such terms as is described in the Schedule of Services annexed hereto as Annexure “A”. While provisioning of such services according to Annexure “A”, service provider shall coordinate with Manager HR Outsourcing or any other official designated in this behalf, the service provider shall not directly coordinate with any official of PIACL for any matter related to this Agreement and Annexure “A”.

c. The Services Provider hereby agrees and undertakes that with a view to provide appropriate and first rate execution of all Manpower/Human Resource Services under the provisions of this agreement, it shall maintain and agree to deploy work force of most efficient, honest, able individuals and experienced persons. These individuals shall work for and on behalf of the Services Provider and by no means will they be treated as employees of PIACL. The hiring and firing of staff / official is exclusive right of the Services Provider, who alone shall be competent to take disciplinary action if needed against them. However, PIACL or its authorized official may ask the Services Provider to remove its staff/official(s) whom in the opinion of PIACL or its authorized official is/are undesirable person(s). The Services Provider shall remove such staff/official(s) and provide suitable replacement immediately so as to maintain and keep the number of work force required as per annexure “A”.

d. The Services Provider shall install TMS machines separately from its own cost for its staff / officials / deployed at PIACL for marking their attendance to avoid any potential claim of any individual with reference to employment / recruitment in PIACL. Furthermore, daily attendance of all engaged in providing Services to the PIACL. A copy of the attendance sheet of all the deployed of the Services Provider shall be submitted each day on shift basis where required to the PIACL within half an hour of arrival of each shift which will be subject to verification by physical head count. The object of providing attendance record to the PIACL is to ensure safety and security of its establishment and installation and also to enable it to monitor that the work force as per Annexure “A” deployed by the Services Provider, is available to provide effective and satisfactory Services. In case the attendance falls short of the work force as prescribed in Annexure “A” the PIACL shall be at liberty to make such deduction from the amounts payable to the Services Provider as it may deem fit at the rate of Rs.1000/- per day per person in addition to the penalty provided hereinabove in Article – 03 of Agreement. e. The Services Provider is bound to make payment to its staff/officials regularly not beyond 5th day of each month positively. The Services Provider is bound to submit a certificate along with its bills duly verified by authorized officials(s) of PIACL at the location that all the wages to its staff / official s have been paid by the 5th day of the month in accordance with the terms of this agreement. If at any stage, it is found that the Services Provider has issued a wrong certificate in this respect and / or the staff/official deployed at PIACL have been paid less amount in violation of applicable law or agreement, PIACL shall have the right to terminate this agreement forthwith and confiscate the entire security deposit/bank guarantee of the Services Provider lying with

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PIACL. No bill of the Services Provider shall be paid if not supported by required documents and its subsequent verification. If the Services Provider fails to make payment to its staff / official s by 5th of each month PIACL make payments to them from the outstanding amount or bills of the Services Provider in order to avoid any law and order problem on its premises and in addition shall impose 100% penalty on the Services Provider. If the Services Provider fails to make the payments to its staff / official s for two consecutive months, PIACL may terminate this agreement without giving any notice to him and shall forfeit his entire security deposit. The Services Provider shall liable to pay minimum wages as announced by respective Govt. under applicable laws. f. The Services Provider hereby agrees and undertakes that it shall assign all such duties and responsibilities to its staff / official s and its staff / official s shall perform diligently the duties and responsibilities assigned to them. g. The Services Provider shall be required to obtain clearance Certificate from Police Department and the Security Division of PIACL in respect of all its staff / official engaged in provisioning of services within the premises of PIACL. Unless they possess this clearance, they shall not be allowed to enter the premises of PIACL. Furthermore, each staff/official shall be required to produce to PIACL, a certificate from a Registered Medical Practitioner confirming that such staff / official is free from all infectious diseases at the time of deployment in PIACL and subsequently on an annual basis also. All expenditures incurred in this respect shall be the sole responsibility of the Services Provider. The Services Provider shall provide a complete list of its staff / official to be deployed at PIACL premises to the office of Manager Outsourcing PIACL, Islamabad and Supply Chain Management Department of PIACL on monthly basis The Service Provider has to ensure Health Safety of all the staff / officials deployed at the PIACL premises. However, the Services Provider shall provide the Medical Fitness Certificates to PIACL issued by the Medical Practitioners legally authorized to issue such certificates for any / each individual deployed at PIACL. h. For the purpose of identification and maintaining security, the Services Provider shall issue proper identity cards to all its staff/officials who may be detailed to work within the premises of PIACL in connection with rendering the services under an agreement and the staff/officials shall display their identity cards while on duty. i. The Services Provider will be entirely responsible and agreed that in the performance of its contractual obligations assumed by it under this agreement, all the applicable laws, rules and regulations and customs of the country including but not limited to payment of wages / allowances, insurance of the staff / officials, their medical attention, gratuity, grant of annual, sick and casual leave and other rights, facilities and benefits to which Services Provider’s staff/officials are entitled to and hereby expressly agreed and understood by the Services Provider that all such responsibilities in this regards are sole liability of Services Provider and the grant of any such rights, facility or benefits to its staff/officials at any time whether under any applicable law or otherwise shall not result in any cost to PIACL. j. The Services Provider shall be solely liable for any act or omission in contravention of laws, and PIACL shall not be liable for any of its acts or omissions, if any legal proceedings are initiated against PIACL for any act or omission of the Services Provider. The cost (including without limitation incidental and the consequential cost including attorney’s legal fee etc.) shall be borne by

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the Services Provider and PIACL shall have the right to recover the cost from any due amount of the Services Provider or through Security Deposit, in addition to available legal recourse. k. The Services Provider accepts total responsibilities for the settlement of all claims resulting from death, injury, burn or accident of any kind to its staff / officials, advisors, agents or any other third person acting for and on its behalf in the discharge of the said services under this agreement. l. The Services Provider warrants that it is bonafide and independent legal entity working in its own name, account and acknowledges that this agreement does not confer in any manner whatsoever upon it or any individual deployed by it, the status of any staff / official , agent or advisor of PIACL. m. The Services Provider shall prior to the signing of agreement obtain / maintain insurance coverage’s acceptable to PIACL for its staff / officials and or / third party or any property for any claim arising under any applicable laws from the performance or non performance of its contractual obligations during the period of agreement and any subsequent extension. n. The Services Provider further undertakes and agrees to indemnify and hold harmless, PIACL, its staff / official s and agents from and against any and all claims, demand, liabilities, damages and expenses of any nature whatsoever, arising from or out of the execution or performance of any service under agreement by the Service Provider, its, staff/officials deployed at PIACL or its agents. o. Uniforms to be provided by service provider as per pattern, fabric & colour duly approved by PIACL, reimbursement shall be made upon production of receipts on agreed rates as approved by PIACL. The service provider shall not be entitled for any service charges in this respect. All staff/officials shall wear neat and clean uniform while on duty. If any staff/officials is found without wearing proper uniform or wearing dirty / torn uniform a penalty Rs. 500/= per person per day will be imposed and deducted from the monthly bills in addition to the penalty as per Article -03 of agreement. p. Services Provider shall submit PR-2 Form along with payment Receipt on monthly basis made to EOBI and “Provincial Employees Social Services Institution” i.e SESSI, PESSI, ESSI etc. (any other prescribed by Govt. under applicable Laws) for the number of staff / officials deployed with PIACL on quarterly basis. q. Service provider needs to provide proof of registration as manpower service provider with FBR and all provincial sales tax authorities and is liable to provide evidence of sales tax return filing as and when required

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Annexure-“A”

CATEGORIES WHERE SERVICES

REQUIRED

REQUIRED QUALIFICATI

ON (Minimum)

Location-wise HR Services requirement (may varies as per work-load requirement)-PIACL Grand Total

KHI ISB

LHE

PEW

UET

AAW

BHV

BNP

CJL

DBN

DGK

DSK

GIL

GWD

HDD

KDU

LYP

MFG

MUX

PJG PZH QM

L RYK SDT SKT

SKZ

TUK

MANAGER MASTER 1

1

OFFICER MASTER 162 14 2 2 4 184

TECHNICAL

Including but not limited B.E, B.Tec, DAE, etc.

315 27 7 1 1 1 1 2 2 1 2 1 361

NON TECHNICAL

Matric / Graduation

as per services

requirment

1311 552

428

145

25 1 8 1 3 8 2 2 2 7 1 12 31 1 33 6 6 1 5 6 14 14 8 2633

Grand Total 1789 593

437

148

26 1 8 1 3 8 2 2 3 7 1 13 33 1 39 6 6 1 5 6 15 16 9 3179

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CATEGORIES WHERE

SERVICES REQUIRED

REQUIRED

QUALIFICATION

(Minimum)

Location-wise HR Services requirement (may varies as per work-load requirement)-SPEEDEX Grand Total

KHI RWP LHE PEW UET GUJ GWD HDD LYP MUX

SKT SKZ TUK

OFFICER MASTER 8 3 1 1 1 1 1 1 1 1 19

NON TECHNICAL

Matric / Graduation as per services

requirment

93 47 37 14 13 8 2 15 11 13 8 17 2 280

Grand Total 101 50 38 15 14 9 2 16 12 13 9 18 2 299

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CATEGORIES WHERE

SERVICES REQUIRED

REQUIRED

QUALIFICATION

(Minimum)

Location-wise HR Services requirement (may varies as per work-load requirement)-SBBFA

Grand Total

WNS

OFFICER MASTER 4 4

TECHNICAL

Including but not limited

B.E, B.Tec,

DAE, etc.

14 14

NON TECHNICAL

Matric / Graduation as per services

requirment

4 4

Grand Total 22 22

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Requirements for Technical Evaluation

• Company must be registered under Company Act 2017.

a) Registrar of Companies / SECP b) Income Tax c) Sales Tax

• Company should have adequately professional qualified officials.

• Company had not been in litigation with in last 5 years with PIACL.

TECHNICAL EVALUATION FORM

Total Marks 100

Minimum Required Marks 75

Total Marks Obtained

Company Name

A. GENERAL EXPERIENCE OF COMPANY:

General Experience related to provisioning of Human Resource Services at multiple locations during last Five years.

Company Marks Marks obtained

100 to 200 Employees 03



More than 400 Employees 10

B. PERSONNEL CAPABILITIES

i) Adequately qualified Officials (Managerial Level) are to be in the Company to manage

operations.


5 personnel 02

10 personnel 06

15 or more personnel 10

ii. Age of Company (Year of establishment of Company)


5 years 05

10 years 07

15 years and above 10

Please attach a copy of Certificate of Incorporation

C. EQUIPMENT /INFRASTRUCTURE/ OFFICE CAPABILITIES (COMPUTER/ PRINTER FAX

MACHINE ETC) WORKSHOP

Latest equipment available (for example Core i3 or above).

Duration Marks Marks obtained

10 sets (Computer with Printer) & adequate Office Space.

10

15 & above sets (Computer with printer & LAN 20

10

Marks

10

Marks

10

Marks

20

Marks

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environment) & adequate office space.

Certificate to be provided

D. Financial Status

Average Annual Turn Over .

Million Marks Marks obtained

Category A 250 Million & above 50

Category B 150-250 Million 30

Category C 100-150 Million 20

Note: Available turnover (Sale/ Revenue) should be observed from Annual Accounts

NOTE: To evaluate the Financial Status Para “D” an expert opinion has been obtained by Dy. General Manager HO payments as advised by GM Accounting.

Evaluated by Technical Evaluation Committee on _______________

President GM OD

Member DGM P&P

Member Manager P & C

Member Finance Manager

ISB/RWP

Member Manager HR Outsourcing

50

Marks

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(To be submitted on Rs. 100 Stamp Paper) General Manager Inventory & Contract Management Supply Chain Management Department PIACL Karachi

Subject: Undertaking to Execute Contract

Dear Sir,

1. We/I, the undersigned tenderer do hereby confirm, agree and under take to do

following in the event our/my tender for supply of

to PIACL is approved and accepted: 2. That we / I will into and execute the formal contract, a copy of which has been

supplied to us / me, receipt whereof is hereby acknowledge and which has been studied and under stood by me / us without any change, amendment, revision or addition thereto, within a period of seven days when required by PIACL to do so.

3. That all expense in connection with the preparation and execution of the contract including stamp duty will be borne by us /me.

4. That we / I shall deposit with PIACL the amount of security as specified in the contract which shall continue to be held by PIACL until three months after expiry of the contract period.

5. That in event of our / my failure to execute the formal contract within the period

of seven days specified by PIACL the Earnest money held by PIACL shall fortified and we / I shall not question the same.

Tenderer’s Signature

Name in full _

Designation

Address

Phone /Fax# ________________

CNIC

Seal

Date

sub: human resources services provisioning contract on ......addressed to general manager inventory...

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