INVITATION TO BID

Consultancy for Mentoring Services for Karachi, Peshawar & Quetta

INSPIRE PAKISTAN is a Non-Governmental Organization working in areas of Education, Human Rights, Refugee Rights and Youth Empowerment. Consultants are invited under close tender process for procurement of mentoring services for Karachi, Peshawar & Quetta. Technical & Financial specifications of these items are mentioned in Bidding Documents.

The Bidding Documents are in English and free of cost. Please download the bidding documents from the website of Inspire Pakistan i.e.  www.inspirepk.org

Last date to apply is 17, January,2025.

INVITATION TO BID

FOR PROCUREMENT OF

Mentoring Consultancy

Dear Sir / Madam,

Subject: Procurement of Consultancy Services for Mentoring.

1. Inspire Pakistan is Non-Governmental Organization registered with SECP under Section 42 of the Companies Ordinance, 1984. The Organization is working on Human Rights, Refugee Rights, Education and Youth Empowerment since 2014 with the geographical coverage of all the province of Pakistan.

Consultancy for technical support in the implementation of Mentoring Approach in Karachi, Peshawar, Quetta and Chaman as detailed in Terms of Reference.

To enable you to submit a proposal, please find enclosed.

This letter is not to be construed in any way as an offer to contract with your company.

Manner of Submission:

Your proposal should be prepared in English.

Your proposal shall comprise two separate set of documents sealed in two seperate envelops; one containing the technical proposal and the second one containing the financial proposal. The Envelope containing both the proposals should be clearly marked as “Proposal for Mentoring Consultancy - ITB/PROC/004/GIZ-25. Your proposal must reach / be delivered at the given address on or before 17 January 2025 - 1700 Hrs. Proposals received after deadline will not be entertained.

a)     Financial component comprising of the following documents.

• Bid Quote on company letter head duly signed, stamped & dated. (30% Weightage)

b)     Technical component. comprising of the following documents. (70% Weightage) – Minimum Passing Score is 50%. Bidders who do not attain the minimum passing score will not move to the financial evaluation stage. 

Following is the detailed scoring criteria along with the documentation to be submitted in your bid.

1. A.     Financial Component

1. B.     Technical Component

In Addition to the above the following must also be submitted:

• Complete Profile Including Company/NGO/Club; registration, Tax registration (NTN, STRN etc.)
• Read, Sign and Stamp Annex III
• Read, Sign and Stamp Annex V

Bidder obtaining the highest combined score (Technical and Financial) will be awarded the contract.

Payment to the awarded bidder will be made in the following manner (after deduction of taxes).

1^st Installment :                       40% - Upon completion of deliverable 1 & 2 (detailed in TOR)

2^nd Installment :                      40% - Upon completion of deliverable 3 & 4 (detailed in TOR)

3^rd Installment :                      20% - Upon completion of deliverable 5, 6 & 7 (detailed in TOR)

The bid must be submitted in original ( sealed envelopes ) addressed to Procurement Officer to below mentioned address:

Senior Procurement Officer

Inspire Pakistan

House. No 123, Street No 81, FECHS E-11/2 Islamabad

This tender is open to all qualified consultants and service providers. The Bidding Documents in English and can be downloaded free of cost at www.inspirepk.org.

Bids must be submitted in sealed envelope on or before 17 January 2025 - 1700 Hrs by hand or via courier at Address: House. No 123, Street No 81, E-11/2, FECHS, Islamabad. Late Bids will not be entertained.

Please note that the cost of preparing a proposal and of negotiating a contract, including any related travel, is not reimbursable and cannot be included as a direct cost of the assignment.

Note: Inspire Pakistan payments terms are within 30 days after completion of the satisfactory  services/deliverables detailed in the Terms of Reference of this consultancy. .

Annex-I

Presentation of INSPIRE PAKISTAN:

Inspire Pakistan is a non-profit, non-governmental, non-political, and non-religious development organisation registered with the Securities and Exchange Commission of Pakistan (SECP) under the companies ordinance. The organisation has been formed by the tireless and continuous efforts of a group of intellectual and indigenous people, who share an undying aspiration to work for the uplift of Human Rights leading to the betterment of the society and underprivileged communities. It is indeed for this very reason that the people of Inspire Pakistan have come together to bring their innovative ideas to enlighten and encourage everyone towards upholding and improving the overall Human Rights situation in the country.   Inspire Pakistan intends to engage in programmes and projects that are geared towards the betterment of the marginalized segments of society in assisting them achieve those merits in life that are essential to live progressively thereby ensuring true human development..

In order to ensure  social development of  unprivileged deserving communities, Inspire Pakistan endeavours to work in the ambits of Human Rights, Education, Women Empowerment, Community Mobilisation, Humanitarian Assistance, Relief and Rehabilitation, Research & Development, Child Protection, Environment and Peace Building for the society. The organization conceives pioneering designs and deploys its engagement in various programmes/projects through project management, lobbying, advocacy, institutional capacity building, technical advice, activism, conducting trainings, awareness raising, and conducting and publishing research related interventions et cetera.

No society is to progress if it does not endorse and uphold Human Rights. True development can only be achieved once people have the desired freedom and liberty within the moral, cultural, and ethical codes and norms of a society realize their true potential. For that matter, institutions also need to be fair and strengthened so that people of a society can groom and progress in the context of social development.

Inspire Pakistan believes that generally an aerial perspective is given to the overall situation of Human Rights; however, what this organization gives utmost importance to is the personal priming of the individual being. True development can only occur once a supreme ‘culture of human rights’ is fostered to empower society. Such a culture can only be created once all human beings mature their thinking and understanding thereby making their choices and decisions on the grounds of having informed expectations. Only then can a society achieve progressive human development; continued economic, social, political, and civil prosperity; absolute respect for cultural diversity as well as lasting tranquil peace.

The pivotal ingredient to such a state of development for human beings, either as individuals or as a group in the form of a community, society, or nation, is for the individuals to be able to avail their basic human rights without facing any discrimination or persecution on grounds of age, race, sex, colour, nationality, religion, social affiliation or political engagement. Henceforth, Inspire Pakistan pledges to continue its struggle for equality and protection of the deserving people in realisation of the aforementioned notion.

Geographical coverage:

Inspire Pakistan strives for the rights of the deserving and distressed individuals and communities across Pakistan. The thematic areas of Inspire Pakistan are Education, Refugee Rights, Human Rights, Youth empowerment. Geographical coverage is throughout Pakistan, in all provinces of Pakistan with Head Office in Islamabad

Population of concern:

Inspire Pakistan is an ardent advocate of diversity and therefore, believes in mainstreaming age, gender and diversity (AGD) in all its interventions. The areas of expertise held by Inspire Pakistan are in the thematic areas of protection, child protection, women empowerment, youth empowerment and  education. And Inspire Pakistan indiscriminately responds to the needs of affected population.

Organizational Objective:

The following is a list of the Aims and Objectives of Inspire Pakistan;

• To promote the respect for universal standards of Human Rights, as set out in the International Bill of Rights by emphasizing on dignity, inherent value and worth and equality of all mankind
• To further the protection of the basic Human Rights of the people of the society and in particular the disadvantaged and deprived segments
• To strengthen the stakeholders through institutional capacity building, realized by the provision of professional training courses and technical assistance towards all areas in the ambit of Human Rights, Refugee Law, Education and Project Management etc
• To campaign for creating and raising awareness on Human Rights and relevant disciplines for the masses through organising conferences, training workshops, seminars, walks, street theatres, making and disseminating Information Education Communication (IEC) material and any other means necessary in the larger welfare of the communities
• To work towards child welfare, juvinile protection and children’s education
• To provide social support and welfare services to the women with a view towards women empowerment thereby protecting the women, ensuring their rights and encouraging their participation in development activities; through programming, advice, counselling, vocational training and any other means necessary
• To provide support to the people of the society through a programmatic framework either directly or indirectly in ensuring that their fundamental rights, as set out in the Universal Declaration of Human Rights (UDHR) as well as the Constitution of Pakistan; are guaranteed
• To work towards the provision of humanitarian aid, assistance, relief, reconstruction and rehabilitation services, through ensuring social protection to the people during and after emergencies and disasters
• To address issues relating to poverty through education with special focus on women and children
• To promote and standardize education for all on the grounds of equality thereby improving access and quality of education for the development and progress of the nation.

Annex-II:   

Terms of References

Consultancy Service for Mentoring Approach

1. A.     Background

Pakistan has long hosted a substantial number of Afghan refugees, with over 1.3 million registered (Proof of Registration card holders) and an additional 129,703 unregistered family members, alongside 840,000 Afghan Citizen Card holders and approximately 500,000 undocumented Afghans. Since the Taliban's takeover in August 2021, nearly 1 million more Afghans have sought refuge in Pakistan, bringing the total to over 3 million. Most refugees reside in the underdeveloped provinces of Khyber Pakhtunkhwa (53%) and Baluchistan (23%), with 68.4% living in urban and semi-urban areas, thereby straining public services. This large and enduring refugee presence poses significant challenges and potential conflicts, exacerbated by low voluntary return rates, limited state resources, and threats from militant groups, particularly in Khyber Pakhtunkhwa and Baluchistan.

A key actor in tackling the challenges are small organizations at the local level. Therefore, a mentoring approach is supposed to be implemented in order to support small organizations that are crucial for fostering social cohesion and sustainable development within these communities. These organizations serve as vital links between refugees and the broader society, promoting peaceful coexistence. Small local organizations, including youth-led and women-led groups, are essential for overcoming barriers and contributing to social cohesion and inclusion, especially in refugee-hosting contexts. By empowering these groups, the planned initiative aims to enhance their capacity to foster social integration, address exclusion and discrimination, and support vulnerable segments, such as children and people with disabilities, within both host and refugee communities.

1. B.     Current Situation

In this context, a consultancy is supposed to implement the mentoring approach in three provinces (KPK, Sindh and Balochistan). This consultancy will be critical in supporting small-scale organizations to enhance their impact and foster social cohesion between Afghan refugees and host communities. These organizations will be engaged based on their credentials, expertise, and motivation to promote leadership, cultural activities, and gender equality.

1. C.     Objectives:

The purpose of this assignment is to implement the mentoring approach across four urban cohesion hubs run under GIZ BBSC funding. This will be achieved by organizing inception workshops for Implementing Partners (IPs), designing criteria for identifying small organizations, design and supervise the launching of a mobilization strategy, developing institutional development tools and methodologies, and creating comprehensive mentoring pathways. The selected consultant will also provide technical support to the IPs in mapping of small-scale organizations, women-led groups, and youth-led networks in Quetta, Chaman, Karachi, and Peshawar.

1. Enhance the effectiveness of small organizations by mentoring them to create program resources, build networks, and develop opportunities for integration and collaboration.

2. Train and mentor youth to become capable of raising awareness and taking actions on protection and social services in the refugee hosting context of Pakistan.

1. D.    Deliverables

Installment 1 (40% Payment)

1. Launch mentoring pathways workshops: Conduct workshops in each locality (Peshawar, Quetta and Karachi) with selected small organizations.
2. Mentoring sessions on the technical areas of institutional strengthening: Provide institutional capacity development sessions on technical areas according to the needs identified in the assessment.

Installment 2 (40% Payment)

1. Core capacity building training: Training of Facilitators from the selected small organization on core concepts which will be cascaded and conducted with youth groups
2. Develop Cascading plan for youth and women networks: Enhanced leadership and mentoring capacities within youth and women networks

Installment 3 (20% Payment)

1. Support in the development and implementation of Social Action Projects: develop a menu of action projects and provide technical support in the implementation of the whole project cycle
2. Supervise Youth Leadership for community resilience: Facilitate and oversee Youth Leadership Workshops through mentoring and specialized technical support.
3. Produce Program document, i.e. in the form of a booklet covering the approach, lessons learned, challenges and results for future scalability.

1. E.     Timeframe / Duration

8-9 Months (January/February 2025 to Sept 2025)

Annex III:       

Tenderer’s name:          ________________________________

Tenderer’s address:       ________________________________

Code of Conduct:

1.  Labour Standards

The labour standards in this code are based on the conventions of the International Labour Organisation (ILO).

• Employment is freely chosen

There is no forced, bonded or involuntary prison labour. Workers are not required to lodge `deposits’ or their identity papers with the employer and are free to leave their employer after reasonable notice.

• Freedom of association and the right to collective bargaining are respected

Workers, without distinction, have the right to join or form trade unions of their own choosing and to bargain collectively. The employer adopts an open attitude towards the legitimate activities of trade unions. Workers representatives are not discriminated against and have access to carry out their representative functions in the workplace. Where the right to freedom of association and collective bargaining is restricted under law, the employer facilitates, and does not hinder, the development of parallel means for independent and free association and bargaining.

• Working conditions are safe and hygienic

A safe and hygienic working environment shall be provided, bearing in mind the prevailing knowledge of the industry and of any specific hazards. Adequate steps shall be taken to prevent accidents and injury to health arising out of, associated with, or occurring in the course of work, by minimising, so far as is reasonably practicable, the causes of hazards inherent in the working environment. Workers shall receive regular and recorded health and safety training, and such training shall be repeated for new or reassigned workers. Access to clean toilet facilities and potable water and, if appropriate, sanitary facilities for food storage shall be provided. Accommodation, where provided, shall be clean, safe, and meet the basic needs of the workers. The company observing the standards shall assign responsibility for health and safety to a senior management representative.

• Child Labour shall not be used

There shall be no new recruitment of child labour. Companies shall develop or participate in and contribute to policies and programmes, which provide for the transition of any child found to be performing child labour to enable her/him to attend and remain in quality education until no longer a child. Children and young people under 18 years of age shall not be employed at night or in hazardous conditions. These policies and procedures shall conform to the provisions of the relevant International Labour Organisation (ILO) standards.

• Living wages are paid

Wages and benefits paid for a standard working week meet, at a minimum, national legal standards or industry benchmarks. In any event wages should always be high enough to meet basic needs and to provide some discretionary income. All workers shall be provided with written and understandable information about their employment conditions in respect to wages before they enter employment, and about the particulars of their wages for the pay period concerned each time that they are paid. Deductions from wages as a disciplinary measure shall not be permitted nor shall any deductions from wages not provided for by national law be permitted without the express and informed permission of the worker concerned. All disciplinary measures should be recorded.

• Working hours are not excessive

Working hours comply with national laws and benchmark industry standards, whichever affords greater protection. In any event, workers shall not on a regular basis be required to work in excess of the local legal working hours. Overtime shall be voluntary, shall not exceed local legal limits, shall not be demanded on a regular basis and shall always be compensated at a premium rate.

• No discrimination is practised

There is no discrimination in hiring, compensation, access to training, promotion, termination or retirement based on race, caste, national origin, religion, age, disability, gender, marital status, sexual orientation, union membership or political affiliation.

• Regular employment is provided

To every extent possible work performed must be on the basis of a recognised employment relationship established through national law and practice. Obligations to employees under labour or social security laws and regulations arising from the regular employment relationship shall not be avoided through the use of labour-only contracting, sub-contracting or home-working arrangements, or through apprenticeship schemes where there is no real intent to impart skills or provide regular employment, nor shall any such obligations be avoided through the excessive use of fixed-term contracts of employment.

• No harsh or inhumane treatment is allowed

Physical abuse or discipline, the threat of physical abuse, sexual or other harassment and verbal abuse or other forms of intimidation shall be prohibited.

B. Environmental Standards

Suppliers should as a minimum comply with all statutory and other legal requirements relating to the environmental impacts of their business. Detailed performance standards are a matter for suppliers, but should address at least the following:

• Waste Management

Waste is minimised and items recycled whenever this is practicable. Effective controls of waste in respect of ground, air, and water pollution are  adopted. In the case of hazardous materials, emergency response plans are  in place.

• Packaging and Paper

Undue and unnecessary use of materials is avoided, and recycled materials used whenever appropriate.

• Conservation

Processes and activities are monitored and modified as necessary to ensure that conservation of scarce resources, including water, flora and fauna and productive land in certain situations.

• Energy Use

All production and delivery processes, including the use of heating, ventilation, lighting, IT systems and transportation, are based on the need to maximise efficient energy use and to minimise harmful emissions.

• Safety precautions for transport and cargo handling

All transport and cargo handling processes are based on the need to maximise safety precautions and to minimise poential enjuries to INSPIRE PAKISTAN beneficiaries and staff as well as the suppliers’s employees or those of its subcontractors.

C. Business Behaviour

The conduct of the supplier should not violate the basic rights of INSPIRE PAKISTAN’s beneficiaries.

The supplier should not be engaged

1. in the manufacture of arms
2. in the sale of arms to governments which systematically violate the human rights of their citizens; or where there is internal armed conflict or major tensions; or where the sale of arms may jeopardise regional peace and security.

D. INSPIRE PAKISTAN procurement rules and regulations

Suppliers should comply with INSPIRE PAKISTAN procurement rules and regulations outlines in INSPIRE PAKISTAN’s Logistics Manual Version 1.3. or above. In particular, INSPIRE PAKISTAN’s procurement policy set out in Section 2.1 and 2.4. (contract awarding). By doing so, Suppliers acknowledge that they do not find themselves in any of the situations of exclusion as refered to under section 2.4.2.

Operating Principles

The implementation of the Code of Conduct will be a shared responsibility between INSPIRE PAKISTAN and its suppliers, informed by a number of operating principles, which will be reviewed from time to time.

INSPIRE PAKISTAN will:

1. Assign responsibility for ensuring compliance with the Code of Conduct to a senior manager.
2. Communicate its commitment to the Code of Conduct to employees, supporters and donors, as well as to all suppliers of goods and services.
3. Make appropriate human and financial resources available to meet its stated commitments, including training and guidelines for relevant personnel.
4. Provide guidance and reasonable non-financial support to suppliers who genuinely seek to promote and implement the Code standards in their own business and in the relevant supply chains, within available resources.
5. Adopt appropriate methods and systems for monitoring and verifying the achievement of the standards.
6. Seek to maximise the beneficial effect of the resources available, e.g. by collaborating with other NGOs, and by prioritising the most likely locations of non-compliance.

INSPIRE PAKISTAN expects suppliers to:

1. Accept responsibility for labour and environmental conditions under which products are made and services provided. This includes all work contrINSPIRE PAKISTAN or sub-contrINSPIRE PAKISTAN and that conducted by home or other out-workers.
2. Assign responsibility for implementing the Code of Conduct to a senior manager.
3. Make a written Statement of Intent regarding the company’s policy in relation to the Code of Conduct and how it will be implemented, and communicate this to staff and suppliers as well as to INSPIRE PAKISTAN.

Both parties will

1. require the immediate cessation of serious breaches of the Code and, where these persist, terminate the business relationship.
2. Seek to ensure all employees are aware of their rights and involved in the decisions which affect them.
3. Avoid discriminating against enterprises in developing countries.
4. Recognise official regulation and inspection of workplace standards, and the interests of legitimate trades unions and other representative organisations.
5. seek arbitration in the case of unresolved disputes.

Qualifications To The Policy Statement

The humanitarian imperative is paramount. Where speed of deployment is essential in saving lives, INSPIRE PAKISTAN will purchase necessary goods and services from the most appropriate available source.

INSPIRE PAKISTAN can accept neither uncontrolled cost increases nor drops in quality. It accepts appropriate internal costs but will work with suppliers to achieve required ethical standards as far as possible at no increase in cost or decrease in quality.

I undersigned [tenderer’s name], agree to adopt the above Code of Conduct and to commit to comply with the labour and environmental standards specified, both in my own company and those of my suppliers.

Name & Position of Tenderer’s authorized representative            ________________________

Authorized signature and stamp                                                 ________________________

ANNEX IV:

The submission of any bid shall constitute acceptance of the INSPIRE PAKISTAN General Terms and Conditions for the Purchase of  Goods/ Services, except to the extent they may be modified by special conditions attached to the Contract or Purchase Order (PO). These General Terms and Conditions are then an integral part of the Contract or PO to which they are attached.

No additional or inconsistent provisions and no variations in or modifications of that Contract or PO made by the Contactor shall be binding unless agreed to in writing by the INSPIRE PAKISTAN (hereinafter called the INSPIRE PAKISTAN).

The Contractor shall not assign or transfer any of its obligations under the Contract/PO. It shall be solely responsible for the performance of the Contract/PO in every respect. The Contractor shall indicate the Contract/PO number on all correspondence which shall be addressed to the Bank, unless otherwise stated. The Contractor shall immediately report to the INSPIRE PAKISTAN in writing any problems encountered which may jeopardize the performance of the Contract/PO.

The Contractor shall be responsible for obtaining and renewing at its own cost and in due time such approvals, consents, governmental and regulatory authorizations, licenses and permits as may be required or deemed necessary by the Bank to perform the Contract/PO.The Contractor agrees to provide the works or services (hereinafter called the “Services”), as the case may be, required hereunder in accordance with the requirements set forth in the Contract or PO documents. The Contractor undertakes to perform the Services hereunder in accordance with the highest standards of professional competence and integrity in the Contractor’s industry, having due regard for the nature and purposes of the INSPIRE PAKISTAN as an international organization and to ensure that the employees assigned to perform any Services under the Contract or PO will conduct themselves in a manner consistent therewith. The Services will then be rendered in (1) an efficient, safe, courteous and businesslike manner; (2) in accordance with any specific instructions issued from time to time by the INSPIRE PAKISTAN's designated Project Manager; and (3) to the extent consistent with the above as economically as sound business judgment warrants. The Contractor shall provide the services of qualified personnel through all stages of this Contract/PO. The Contractor shall promptly replace any member of the Contractor’s project team that the INSPIRE PAKISTAN considers unfit or otherwise unsatisfactory. The Contractor represents and warrants that it is in compliance with all the applicable laws ofthe remuneration of the Contractor shall constitute the sole remuneration in connection with the Contract/PO. Contractor shall not accept for its benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract/PO or in the discharge of its obligations hereunder, and the Contractor shall use its best efforts to ensure that any subcontractors, as well as the personnel and agents of either of them, similarly shall not receive any such additional remuneration.

Contractor or the contractor’s employees, subcontractors and subcontractor’s employees shall, during the term of the Contract/PO strictly avoid carrying out any other assignments that may be in conflict with this assignment for the Bank.

The financial liability of the INSPIRE PAKISTAN under this Contract/PO shall not exceed the total amount of the Contract/PO.

Nothing in the Contract/PO is subject to the laws of Govt of Pakistan, unless otherwise specified in a specific provision of the contract/PO

The Contractor shall procure and maintain during the entire period of performance of this Contract/PO, all adequate insurance required by law in the jurisdiction where the Services will be performed. Upon request of the INSPIRE PAKISTAN, the Contractor shall be able to furnish evidence of such insurance, or can be asked to take complementary coverage in order to meet the requirements of the present article.

The Contractor shall furnish all documents and technical information that the INSPIRE PAKISTAN may deem necessary for the performance of the Contract/PO. The Contractor shall, in the language requested, attach to each unit of the goods any information necessary for their maintenance and operation.

Payment will normally be made through check or bank transfer within 15 days after receipt and acceptance of the Services or from receipt of a correct signed invoice whichever is later. Invoices must be sent in duplicate (one original and one copy) to Finance Department at the following address:

Finance Department

FECHS, H # 123, Street 81, E-11/2

Islamabad

Appropriate documentation should accompany all invoices.Irrespective of their nature, all claims of the contractual parties, other than warranty claims, arising from or in any way connected with the Contract/PO, shall be asserted within six (06) months after its termination.

The Contract/PO Number must appear on all invoices, shipping documents, packing slips, packages and correspondence.

The INSPIRE PAKISTAN may, at any time by written order designated or indicated to be a change order, make changes to the Contract/PO or any part thereof.

If any such change increases or decreases the cost of and/or the time required for the performance of any part of the Contract/PO, an equitable adjustment shall be made in the Contract/PO price or time schedule or both, and the Contract/PO shall accordingly be amended. No change in, modification of, or revision to the Contract/PO shall be valid unless in writing and signed by an authorized representative of the INSPIRE PAKISTAN.

Prices indicated in the Contractor’s bid shall, at all times, be deemed to be firm and not subject to revision. The Contractor warrants that the Services provided under this Contract/PO will conform to the specifications, or other descriptions furnished or specified by the INSPIRE PAKISTAN.

If the Contractor fails to comply with the above requirements, the INSPIRE PAKISTAN may after notice to the Contractor, take action at the Contractor expense which in the opinion of the INSPIRE PAKISTAN is necessary.

The Contractor shall ensure that itself and all Contractor personnel observe and comply with all applicable safety rules including those specified by the Contractor and the INSPIRE PAKISTAN and the INSPIRE PAKISTAN’s fire, safety and security regulations. The Contractor shall ensure that any work areas assigned by the INSPIRE PAKISTAN to the Contractor are cleaned daily and remain free of hazards.

The INSPIRE PAKISTAN may at any time suspend the performance of the Contract/PO or any part thereof, even for its convenience, by a written notice specifying the part to be suspended, the effective date and the anticipated period of suspension. The INSPIRE PAKISTAN shall not be responsible for the cost of the Contractor’s further performance of the suspended part after the Contractor has been directed to suspend performance.

Suspension of the Contract/PO shall not prejudice or affect the accrued rights or claims and liabilities of either party to this Contract/PO.

The INSPIRE PAKISTAN may, by written notice, without the authorization of a court or any other authorization and without prejudice to any other remedy, terminate the Contract/PO in whole or in part: If the Contractor fails to performany of its contractual obligations and does not immediately rectify such failure after receipt of a written notice by the INSPIRE PAKISTAN;

If the Contractorbecomesinsolvent or bankrupt or ceases paying its debts generally as they mature. For convenience, withoutassigning any reasonTermination of the Contract/PO in whole or in part by the Bank is not limited to a fundamental breach of Contract/PO and shall not prejudice or affect the accrued rights or claims and liabilities of either party to this Contract/PO.

If INSPIRE PAKISTAN terminates the Contract/PO pursuant to paragraph 12.1 (i), the INSPIRE PAKISTAN may procure, upon such terms and in such manner as it may deem appropriate, services and works similar to those not delivered and the Contractor shall be liable for any excess costs or damage caused to the INSPIRE PAKISTAN by the Contractor's default. The INSPIRE PAKISTAN reserves the right to offset costs, incurred by it in relation to the termination of the Contract/PO, from any monies due. In case of partial termination of the Contract/PO, the Contractor shall continue performance of the Contract/PO to the extent not terminated.

If the INSPIRE PAKISTAN terminates the Contract/POpursuant toparagraph12.1   

(iii)          Forconvenience, the notice of such a termination shall state that termination is for the INSPIRE PAKISTAN’s convenience, the extent to which the performance under the Contract/PO isterminated, and the effective termination date. The INSPIRE PAKISTAN will issue an equitable adjustment, not to exceed the total Contract/PO price, to compensateContractorfor:          

(i)               theContract/PO price for the Servicesacceptedby INSPIRE PAKISTAN but not paid previously and adjusted for any savings,

(ii)              (ii) the costs incurred in the performance in the work terminated, including initial and preparatory expenses; (iii) the cost of settling and paying other Contractors, subcontractors under terminated agreements properly chargeable to the terminated portion of the Contract/PO and not included in items (i) and (ii) hereof; and (iv) a reasonable profit on item (ii) above.

If the Contractor is found to have engaged in any corrupt or fraudulent practices in connection with the Contract/PO, the INSPIRE PAKISTAN may in its sole discretion do any or a combination of the following: (i) declare void or terminate this Contract; (ii) declare the Consultant ineligible to contract with the INSPIRE PAKISTAN or to enter into contracts financed by the INSPIRE PAKISTAN; and (iii) pursue legal proceedings against the Contractor. For purposes hereof,

“Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the procurement process or in Contract/PO execution.

“fraudulent practice” means a misrepresentation of foots in order to influence a procurement process or the execution of a Contract/PO to the detriment of the INSPIRE PAKISTAN, and includes collusive practice among Bidders (prior to or alter bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the INSPIRE PAKISTAN of the benefits of free and open competition.

The period of performance of the Services shall be as stated on the front of the Contract/PO. The schedule for submitting deliverables shall be as stated either in the statement of works attached to this Contract/PO or in front of this Contract/PO. Deliverables must be completed within the specified period.

13.2lf the Contractor fails to perform the Contract/PO or any part thereof within the specified period, the INSPIRE PAKISTAN may, without prejudice to any other remedy under the Contract/PO, deduct from the Contract/PO price, as liquidated damages, a sum equal to 0.5% of the Contract/PO value for each week of delay until actual performance, up to a maximum of 5% of the Contract/PO value.

The Contractor shall be liable for all damages arising from its action or that of its agents, of which he or its agents could be held liable under the applicable laws.

The Contractor shall bear the full financial consequences of any material damage or personal injuries, including death which, through its action or that of its agents, may be suffered by himself, its agents, the INSPIRE PAKISTAN or its agents or any third party.

The Contractor undertakes to indemnify and hold the INSPIRE PAKISTAN and its agents and principals harmless against all claims, suits and losses that are due to personal injury (including death) or property damage to the extent caused, or alleged by a claimant to have been caused, connection with the performance of the Services under this Contract/PO, by (i) improper or defective work performed by the Contractor; (ii) improper or defective machinery, materials, supplies, implements, equipment or appliances provided, installed or used by the Contractor; and (iii) negligent or wrongful acts or omissions of the Contractor.

The Contractor agrees to indemnify and hold harmless the INSPIRE PAKISTAN, its officers, employees and agents against all claims, suits and losses that arise from patent, trademark and/or copyright infringement by the Contractor. The Contractor further agrees and indemnifies the INSPIRE PAKISTAN in any action against the INSPIRE PAKISTAN by the Contractor’s employees seeking further compensation for claims covered by the Contractor’s worker’s compensation insurance. The obligation set out in this Article shall survive the expirationor termination of the Contract/PO.

The Contractor shall not, while performing the Contract/PO or at any timethereafter, use, or disclose in any manner prejudicial to or incompatible with the interests of the INSPIRE PAKISTAN any information of a restricted or confidential nature that may come to its knowledge inconnection with the performance of this Contract/PO. The Contractor shall not use the INSPIRE PAKISTAN’s name or emblem without prior written authorization.

The parties shall make every effort to resolve any disagreement or dispute arising between them under or in connection with this purchase order amicably by direct informal negotiation. The party asserting the existence of a disagreement or dispute shall, promptly upon becoming aware of such disagreement or dispute, notify the other party in writing (such writing being referred to herein as the “Notice of Dispute”) specifying the nature of the disagreement or dispute, and shall also provide such other information about the disagreement or dispute as the other party may reasonably require.

If, forty-five (45) days after the date the Notice of Dispute has been given, the parties have been unable to amicably resolve the dispute or difference, either party may

Require that such dispute be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force.

The arbitral tribunal shall comprise one arbitrator jointly chosen by the parties. However, where the parties are unable to reach an agreement within sixty (60) days of notification of the Conciliation Notice, the Session Court shall become the appointing authority.

The arbitration shall take place in;Islamabad shall be in the English language. The resulting award shall be final and binding on the parties and shall be in lieu of any other remedy.

Nothing contained in this Contract shall be construed as or constitute a waiver, renunciation or other modification of any privileges, immunities and exemptions accorded to the INSPIRE PAKISTAN under the Agreement Establishing the INSPIRE PAKISTAN, international conventions or any other applicable laws.

The provision of this article shall remain in force after the termination of this contract.

This Agreement shall be governed by, enforced and construed in accordance with the laws of Government of Pakistan.

"Force Majeure" means any event or condition which (a) wholly or partially delays or prevents a party from performing any of its obligations under the Contract/PO, (b) is unforeseeable and unavoidable, (c) is beyond the reasonable control of such party, and (d) occurs without the fault or negligence of such party.

The party affected by such Force Majeure shall give prompt written notice to the other party of the nature and probable duration of such Force Majeure, and of the extent of its effects on such party's performance of its obligations hereunder.

During the continuance of such Force Majeure, the obligations of the affected party shall be suspended to the extent necessitated by such Force Majeure.

In the event of Force Majeure which delays performance of the Contract/PO or any part thereof by more than thirty (30) days, either party shall have the right, by notice to the other party, to terminate the PO.

If any provision of the Contract/PO is held to be invalid or unenforceable, the remainder of the Contract/PO will remain in full force and effect, and such provision will be deemed to be amended to the minimum extent necessary to render it enforceable.

The deliverable reports) and other creative work of the Contractor called for by this Contract/PO, including all written, graphic, audio, visual and other materials, contributions, applicable work product and production elements contained therein, whether on paper, disk, tape, digital file or any other media, (the “Deliverable Work”) is being specially commissioned as work made for hire in accordance with the applicable copyright, data protection and design laws of the country governing the Contract/PO originated. The INSPIRE PAKISTAN is the proprietor of the Deliverable Work from the time of its creation and owns all right, title and interest therein throughout the world including, without limitation, copyrights and all related rights. To the extent that it is determined that the Deliverable Work does not qualify as a work made for hire within the meaning of the applicable copyright, data protection and design laws of the country governing the Contract/PO, then the Contractor hereby irrevocably transfers and assigns to the INSPIRE PAKISTAN all of its right, title and interest, throughout the Pakistan and in perpetuity, in and to the Deliverable Work, including without limitation all of its right, title and interest in copyright and related rights free of any claim by the Contractor or any other person

, General Terms and Conditions for the Purchase of Goods, Works and Services.