II. General Conditions of Contract 1. General Provisions 1.1 Definitions Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings: “Applicable Law” means the Sindh Public Procurement Act, thereunder Rules 2010. “Procuring Agency PA” means the implementing department which signs the contract “Consultant” a professional who can study, design, organize, evaluate and manage projects or assess, evaluate and provide specialist advice or give technical assistance for making or drafting policies, institutional reforms and includes private entities, consulting firms, legal advisors, engineering firms, construction managers, management firms, procurement agents, inspection agents, auditors, international and multinational organizations, investment and merchant banks, universities, research institutions, government agencies, nongovernmental organizations, and individuals. “Contract” means the Contract signed by the Parties and all the attached documents listed in its Clause 1, that is General Conditions (GC), the Special Conditions (SC), and the Appendices. “Contract means the price to be paid for the performance of the Services, in accordance with Clause 6; “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GC 2.1. “Foreign Currency” means any currency other than the currency of the PA’s country. “GC” means these General Conditions of Contract. “Government” means the Government of Sindh. “Local Currency” means Pak Rupees. “Member” means any of the entities that make up the joint venture/consortium/association, and “Members” means all these entities. “Party” means the PA or the Consultant, as the case may be, and “Parties” means both of them. “Personnel” persons hired by the Consultant or by any Sub-Consultants and assigned to the performance of the Services or any part thereof. “SC” means the Special Conditions of Contract by which the GC may be amended or supplemented. “Services” the consulting services to be performed by the Consultant pursuant to this Contract, as described in the Terms of References.
“Sub-Consultants” means any person or entity to whom/which the Consultant subcontracts any part of the Services. “In writing” means communicated in written form with proof of receipt. 1.2 Law Governing Contract This Contract, its meaning and interpretation, and the relation between the Parties be governed by the applicable law 1.3 Language This Contract is executed in the language specified in the SC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. 1.4 Notices 1.4.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in the SC. 1.4.2 A may change its address for notice hereunder by giving the other Party notice in writing of such change to the address specified in the SC. 1.5 Location The Services shall be performed at such locations as are specified in special condition of contract and, where the location of a particular task is not so specified, at such locations, whether in the Government’s country or elsewhere, as the PA may approve. 1.6 Authority of Member in Charge In case the Consultant consists of a joint venture/ consortium/ association of more than one individual firms, the Members hereby authorize the individual firms or specified in the SC to act on their behalf in exercising all the Consultant’s rights and obligations towards the PA under this Contract, including without limitation the receiving of instructions and payments from the PA. 1.7 Authorized Representatives Any action required or permitted to be and any document required or permitted to be executed under this Contract by the PA or the Consultant may be taken or executed by the officials specified in the SC. 1.8 and Duties
orderly termination of the Contract, including the cost of the return travel of the Personnel and their eligible dependents. Obligations Of The Consultant 3.1 General 3.1.1 Standard of Performance The Consultant perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the PA, and shall at all times support and safeguard the PA’s legitimate interests in any dealings with Sub-Consultants or third Parties. 3.2 Conflict of Interests The Consultant shall hold the PA’s interests paramount, without any consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests. 3.2.1 Consultants not to Benefit from Commissions, Discounts, etc. The payment of the Consultant pursuant to Clause GC 6 constitute the Consultant’s only payment in connection with this Contract or the Services, and the Consultant shall not accept for their own benefit any trade commission, discount, or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations under the Contract, and the Consultant shall use their best efforts to ensure that the Personnel, any Sub-Consultants, and agents of either of them similarly shall not receive any such additional payment. 3.2.2 Consultant and Affiliates not to be Otherwise Interested in Project The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, as well as any Sub-Consultants and any entity affiliated with such Sub-Consultants, shall be disqualified from providing goods, works or services (other than consulting services) resulting from or directly related to the Consultant’s Services for the preparation or implementation of the project. 3.2.3 Prohibition of Conflicting Activities The Consultant shall not engage, and shall cause their Personnel as well as their and their Personnel not to engage, either directly or indirectly, in any business or professional activities which would conflict with the activities assigned to them under this Contract.