(29-09-14)
REQUEST FOR PROPOSALS (RFP) DOCUMENT
Appointment of Legal Firm
Last Date for Submission:
20 October, 2014
INSTITUTE OF SPACE TECHNOLOGY
ISLAMABAD - PAKISTAN
www.ist.edu.pk
October 2014
Page 1 of 10
1.
Introduction of Entity:
1.1
INSTITUTE OF SPACE TECHNOLOGY, ISLAMABAD has been established under
IST’s Act No. XI of 2010.
1.2
The Institute is a public sector degree awarding institute having perpetual
succession and a common seal with powers, subject to the provisions of this ACT,
to acquire, hold and dispose of property, both movable and immovable, and
shall by the said name may sue or be sued. The main objectives of its
establishment are to render educational, research and development activities by
grooming and patronizing the aspiring students with ultimate aim of fulfillment
of the socio-cultural-economic needs of the country.
1.3
IST main campus is at Islamabad.
Page 2 of 10
2.
Letter of Invitation
Ref. No. IST/50200/LA/2014-15
Islamabad, Dated
October, 2014.
Dear All,
1.
The Registrar of Institute of Space Technology (IST) on behalf of IST, invites proposal for
appointment of Legal firm , as per Schedule of Requirements provided in the RFP Documents.
2.
Details are provided in the attached RFP for services and it will become part of agreement
subsequently.
3.
The Legal firm will be selected under procedures described in this RFP, in accordance with the
PPRA Rules 2004 which can be found at the website: www.ppra.org.pk.
4.
5.
The RFP includes the following documents:
a.
Letter of Invitation
b.
Instruction to Bidders
Proposal must be delivered at the below given address by 20 October, 2014 at 11:00 A.M. The
technical bids shall be opened at 11:30 A.M on the same day.
Best Regards,
Registrar
Institute of Space Technology
1, Islamabad Highway, Islamabad.
Telephone +92-51-9075486
Fax +92-51-9273310
Email.: [email protected]
Page 3 of 10
3.
Instructions/ Check List for Bidders
Bidders are to ensure the compliance/provision of following;
3.1
The proposal should be submitted in sealed envelopes containing Technical proposal
(Service details) and Financial proposal (Financial details) separately along with three (3)
additional copies, of Technical only, duly signed by the bidder. If there are discrepancies
between the original and the copies of the Technical Proposal, the original governs. A
softcopy of the proposal in (PDF) format copied on a CD should be enclosed in the
envelope marked “Original”. The proposal envelops should be marked clearly by printing
on them “Proposals (Original/Copy (1)/Service Details/ Financial Details)”. All these
envelops should be enclosed in one big envelop with Name and address of the firm
clearly marked. The envelope shall be clearly marked “DO NOT OPEN – TENDER
DOCUMENT”. A damaged/ torn envelop shall not be entertained and may be considered
for disqualification by the Tender Opening Committee.
3.2
To obtain first-hand information on the assignment, bidders are encouraged to pay a
visit to the client before submitting a proposal. Please ensure that IST officials are
informed of the visit in advance to allow adequate time for them to make appropriate
arrangements.
3.3
Please note that:
i.
The cost of preparing the proposal and of negotiating the Contract, including
visits to the Client, is not reimbursable as a direct cost of the assignments.
ii.
The Client is not bound to accept any of the proposals submitted.
3.4
A prepared proposal, highlighting all major aspects as per requirements mentioned in
RFP.
3.5
It is expected that the Firm will submit comments stating any deficiency in the scope of
work or required clarification in writing, not later than 15 October, 2014. Any request
for clarification in writing, or by fax or email shall be sent to Client’s address as
indicated. The Client shall respond by fax, e-mail to such requests and copies of the
response shall be published at www.ist.edu.pk. Interested firms are requested to visit
the IST website for any amendment before submission of the bids.
3.6
Before the submission of proposals, the Client may, for any reason whether at its own
initiative or in response to a clarification requested by an invited Legal firm, modify the
Documents by amendment. The amendment shall be published at www.ist.edu.pk. The
Client may at its discretion extend the submission date. Interested firms are requested
to visit the website for any amendment before submission of the bids.
3.7
The bidder is assumed to be 100% in agreement to terms and conditions floated in this
RFP and the ones presented in their proposal. Initially IST will sign the agreement for
one year which is further extendable on biennial basis with mutual consents of both
parties.
3.8
Technical Approval shall be based on Firm’s criteria mentioned in clause 6.9 for
comparative technical evaluation. Firms not fulfilling minimum criteria shall not be
considered. A 60:40% weightage shall be attributed to Technical & Financial Evaluation
Page 4 of 10
each. Only those financial bids will be opened who obtained 70% marks in technical bid
evaluation.
3.9
SECRECY
3.10
i.
The parties shall not at any time during or after the term of the agreement,
divulge. Or allow to be divulged, to any person, any confidential information
contractual arrangement, products, business or affairs of the parties.
ii.
Notwithstanding anything contained in the paragraph, no party shall be
precluded from disclosing any information to the extent required in the legal
proceedings.
AMICABLE SETTLEMENT
The parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this contract or its interpretation.
3.11
ADDITIONAL SERVICES
The additional services which are not covered in this agreement shall be performed by
the consultant subject to the agreed fees.
3.12
PROTECTION OF ACCRUED RIGHTS
The expiry or termination of this Agreement shall be without prejudice to any rights
which have already accrued to either of the parties under this agreement.
3.13
GOVERNING LAWS:
This Agreement shall be governed by and construed in accordance with the Pakistan’s
law:
i.
4
These parties are entitled to amend the agreement, however, modification and
amendments to this agreement shall be effective only if made in writing and
signed by the parties or by their duly authorized representatives.
Detail of Requirements
4.1
Description of services to be provided under the contract:
i.
Representing IST in all Courts of Law in contentious matters;
ii.
Contractual matters including drafting, review & vetting, finalization, execution
of contracts, MoUs , JVs and other official documentations;
iii.
Providing legal advice on administrative, academic and service matters;
iv.
General legal advice on issue related to civil, criminal and corporate matters;
v.
HR related policies (Recruitment and termination/ lay-off human resource) rules
and regulations;
vi.
Drafting of bye laws, rules, regulations and notifications for the IST;
vii.
Copyright and patent issues;
viii.
Drafting and review of legal documents/ agreements for the IST;
Page 5 of 10
ix.
Corporate affairs of the IST such as tax affairs, procurement affairs, competitive
commission etc ;
x.
Research and development outsourcing agreements;
xi.
Legal/ statutory requirements for Establishment of Companies;
xii.
Legal requirement for establishment/ operation of Endowment Funds and
Umeed Funds etc; and
xiii.
Providing legal and administrative assistance for out of court settlement.
4.2
Modalities and conditionalities to be observed by the legal Firm:
i.
The legal advisor shall attend the court on dates of hearing fixed by the courts in
connection with the cases and keep informed the management about the
progress of the cases.
ii.
The legal advisor shall always be available on telephone and for meetings as and
when required.
iii.
The legal advisor shall not take any assignment which is in conflict with the
interest of the IST.
iv.
The legal advisor shall submit to the IST the reports, documents, para wise
comments before filling in any court or forum for approval of the competent
authority.
v.
The legal advisor shall take instructions from the Registrar IST regarding legal
assignments and the Court cases.
Eligibility Criteria:
The firm shall provide the information strictly conforming to the following format:
5.
Firm’s Profile.
5.1
Profile of the Firm indicating;
i.
Name of the Firm,
ii.
Mailing addresses of the firm along with Landline Phone Number, Fax Number,
Mobile Number and Email.
iii.
The firm must have experience of working with some reputed educational
institutes/ universities and research based establishments of the defence
related organizations
5.2
Name, Educational qualification, length of professional experience and experience on
similar assignment of Key personnel of the firms along with their present station of
services. The Firm must have at least three advocates of high court are eligible to apply.
5.3
National Tax Number of the firm.
5.4
General Sales Tax Number of the firm.
Page 6 of 10
6.
5.5
List of all similar Government/ Semi Government and Non-Government assignment in
hand.
5.6
Technical evaluation of firms will be made as per Technical Evaluation Criteria
prescribed at Clause 6.9 below.
5.7
Affidavit from duly signed and stamped by the authorized person of the Firm/firm,
confirming that: (a) applicant Firm(s)/ firm(s) has never been blacklisted by any bar,
International, Government/ Semi Government Organization, (b) All the information
provided by the applicant Firm(s) or any member of the association(s)/consortium(s) is
correct and (c)The firm or its key personnel have, during the last three years, neither
failed to perform on any agreement, as evidence by imposition of a penalty by an
arbitral or judicial authority or a judicial pronouncement or arbitration award against
the firm or any of its key personnel , nor been expelled from any assignment or
agreement.
Selection Criteria:
6.1
For this tender PPRA Rule’s Para 36(b) ‘Single stage - Two Envelope Procedure for open
competitive bidding shall be adopted.
6.2
In first stage, only Technical proposals will be opened in the presence of bidder’s
representatives. The technical bids will be evaluated and minimum score for selection/
opening of financial bids is 70%.
6.3
For this tender, weightage of Technical and Financial proposals shall be 60:40 each.
6.4
Technical evaluation of the firms shall be based on information provided in Technical
Proposals and presentation by firm’s representative (if required).
6.5
As part of technical evaluation, bidders may be asked to conduct presentation/
demonstration.
6.6
On the basis of technical evaluation, the financial proposal of only technically successful
bidders will be opened.
6.7
Financial proposals of bids found substantively technically non-responsive will be
returned un-opened.
6.8
Bids found with highest score by technical and financial evaluation will be accepted.
6.9
Criteria, sub-criteria, and point system for the evaluation of Technical Proposals/ Bids
are:
Page 7 of 10
TECHNICAL EVALUATION OF LEGAL FIRM 2014
Sr.
Assessments / Criteria
Points
Allocated
Maximum
Points
Head Office Location
1
10
05
10
05
03
02
10
Between 11-15 years
20
Between 06-10 years
15
Between 01-05 years
10
Presence of Legal Firm in Court Case
100%
20
Between 80% - 100%
15
Between 60% - 80%
10
Client Base
Reputed Public Sector Corporations
02
Universities/ Educational Institution
15
Multinational Companies/ Firm/ Banks/ Financial Institution
03
Number of key personnel (Corporate, Tax, Criminal, Civil, service matters)
Minimum 03 Personnel
10
Five Personnel
15
More than Five Personnel
20
Total
Percentage in Technical Bid
Qualify/ Not Qualify for Financial Bidding (tick one)
20
Rawalpindi/ Islamabad
Karachi/ Lahore
Branch office Location
2
Islamabad/ Rawalpindi
Karachi
Lahore
Average length of professional experience of key personnel
3
4
5
6
20
20
20
100
Any other material/information in the support of your bid
Page 8 of 10
Ref. No. IST/50200/LF/2014-15
Islamabad, Dated
October, 2014
Financial Offer
Due Date: 20 October, 2014
Date: ______________
Monthly retainer ship fee in lieu of services mentioned at Para 4.1(ii-xiii) Rs _____________
60% (weightage)
IST shall engage the consultant for pursuing and pleading cases in the District Courts, High
Court, Tax Tribunal at the following professional fee including miscellaneous expenses
quoted by the legal firm: (40% weightage)
Sr. No.
Courts
01
Civil Courts
02
District Courts
03
High Courts
04
Tax Tribunals
Professional Fee including Misc Expenses
i.
IST shall pay the travelling and daily allowances (TA/DA) for participation of
representation of the legal cases in the court of law at out stations (out of
Islamabad/ Rawalpindi) equivalent to the TA/DA admissible to Grade 19
Officer of the Federal Government.
ii.
IST shall pay 50% of the professional fee including miscellaneous expenses
mentioned above at the time of handing over the case to the consultant and
50% on case finalization on submission of the invoice.
iii.
IST shall provide to the legal advisor an office and a support staff and also
transport facility whenever called for in emergency.
Page 9 of 10
AUTHORIZED SIGNATURE
(Of Executive Director or the person authorized to sign)
ATTACHMENTS
Name: -
________________________
Signature: -
________________________
Designation: - ________________________
Page 10 of 10