Pro-GOLE (Right to do Business) ToRs Commercial Contract Translation

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Kelley Leonard
7 years ago
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1 Programme Output # 1: Legal Services Outreach Extended to marginalized stakeholders (as hawking/street vendors, growers, small family owned businesses, shopkeepers or small kiosk owners) SMEDA RRF Activity: Development & dissemination of commercial contracts templates & legal notices Terms of References (TORs) for engagement of Individual Consultant for Translation (English to Urdu) of 325 Commercial Contract/Forms/Notices Templates Introduction Supporting Pro-Poor Governance for Legal Empowerment of the Poor (Right to do Business) is a UNDP funded project (the Client) being implemented by the Small and Medium Enterprises Development Authority (SMEDA). The project is seeking proposals for translation (English to Urdu) of business to business commercial contracts/forms/notices templates. Under the project, legal services will be extended to small businesses including women and marginalized stakeholders such as small traders/growers small family owned businesses or small kiosk owners, hawking/street vendors. In addition, small/marginalized businesses will be mobilized to access legal and other business development services. 1. Objective The current initiative is meant for developing an excellent resource base for potential/existing legal service providers and small entrepreneurs. It is aimed at enabling the Legal service providers and Small businesses to enhance their awareness on contractual liabilities arising from business transactions, increase their understanding on the form and content of a business to business contract and consequently, utilize them for developing their businesses. 2. Scope of Work This section describes the requested work and technical objectives. The content translation should serve as an excellent resource for the target audience, Pakistani potential and or existing small entrepreneurs. The Urdu Translation of the content must be made in an easy to understand language and must be reflective of true meaning and import of the English version of the same without giving word to word meanings thereto. 2.1 Description Translation of English version of 325 templates of commercial contract / forms / notices in Urdu, developed by SMEDA under the Project. Details of templates can be accessed at SMEDA website gory&id=7:commercial-contracts Page 1 of 7

Commercial Contract/Forms/Notices Templates Introduction Supporting Pro-Poor Governance for Legal Empowerment of the Poor (Right to do Business) is a UNDP funded project (the Client) being

2 The content translation, its structure and presentation should be developed in a way that it is user-friendly, appealing, eye-catching and impressive. Consultant would be required to make it more comprehensive, accurate and easy to understand. Mere word to word translation is not at all desired. Rather it must be made in narratives giving comprehensive theme and meaning of the English version of the same and avoid use of jargons. Keeping in view the above requirements, the consultant would be required to incorporate suggestions improvements, changes / modifications, if any, proposed by the Client. 3 Responsibilities The responsibilities of each party for the activities and work products of this assignment are identified below: 3.1 Activities Consultant Responsibility Translation of the 325 templates comprising of 956 pages of commercial contract / forms / notices in Urdu from English Completion of translation content in time Keep the Concerned Team Leader well informed about the Progress and assignment status Client Responsibility Provide English Version of the Content 4 Acceptance Criteria The management will measure the successful completion of this assignment by the following criteria: Complete translated module is submitted before the deadline. Complete translated module is accepted only after it has been reviewed and approved by the Project Management 5 Assignment Duration Submission of translated templates complete in all respects along with proposed suggestions / changes / modifications, if any in the soft and hard form within a period of 60 days (Sixty Days) from the date of award/signing of the contract. However, the Consultant may complete the assignment before the stated period. 7. Expertise and Qualifications: Page 2 of 7

Rather it must be made in narratives giving comprehensive theme and meaning of the English version of the same and avoid use of jargons.

3 a. Expertise: The Consultant should have a proven and demonstrated experience in translating legal documents. Additionally, understanding business to business and business to consumer contracting terms will be an added advantage. b. Qualifications: To be eligible for the assignment the Consultant should have: Law graduate; preference shall be given to law graduates and or Master degree holders in Urdu literature OR Urdu as major/minor subject in graduation from HEC recognized educational Institution At least 08 years of practical experience as a content translator from English to Urdu languages, in particular legal documents (submit proof as evidence). Submit an undertaking that he/she has not been blacklisted by any public or private organization or UNDP and that he/she is not a defaulter of any public or private institution. 8. Deliverables: S.NO Deliverable No. of Days 1 i. Inception report along with work plan 2 ii. Submission of draft translated templates 3 iii. Submission of final translation after review and recommendation from client in hard and soft form. Total No. of days Reporting Requirements a. Inception Report b. Weekly Progress Reports c. Draft Report of the assignment with reference to deliverable no. ii d. Final Report in hard and soft form 10. Quality Assurance To ensure quality control, the Client will desire and manage coordination with the Consultant on a regular basis to monitor the progress of the assignment. The Consultant shall make itself available to the Client as when desired by the Client to review and discuss the progress. 11. Payment Schedule Page 3 of 7

4 The payment for rendering the services will be linked with the deliverables and shall be released in accordance with the schedule of payments finalized after negotiation with the Consultant to whom the contract is awarded. Page 4 of 7

the schedule of payments finalized after negotiation with

5 Interested individual Consultants must submit the following documents / information to demonstrate their qualification for the assignment described in the ToRs: A. Technical Proposal i. Candidate resume ii. iii. iv. Brief methodology explaining their approach to do the assignment Motivation letter describing their interest in the assignment and why they are most suitable to do the work. Translation of sample document (annex) B. Financial Proposal The financial proposal shall specify a total lump sum amount and payment terms around specific and measureable (qualitative and quantitative) deliverables (i.e. whether the consultant requires payments to be made in installments or upon completion of the entire contract). Payments are based upon output i.e. upon delivery of services specified in the ToRs. The financial proposal must include breakdown of the lump sum amount (including per diems and number of anticipated working days). C. Evaluation Individual Consultants will be evaluated based on the Cumulative analysis. The award of the contract shall be made to the individual Consultant whose offer has been evaluated and determined as: a) Responsive/compliant/acceptable, and b) Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation as follows: a. Technical Criteria weight: 70% b. Financial Criteria weight: 30% Only candidates obtaining a minimum of 49 out of 70 points would be considered for the Financial Evaluation Criteria Weight Max. Point Technical Competencies 70 Relevance to Educational Requirements & years of experience Experience in translating legal documents 25 Submitted proof of translation of sample commercial contract References from clients of quality of work & timely delivery. These materials & references can be submitted in Page 5 of 7

Brief methodology explaining their approach to do the assignment Motivation letter describing their interest in the assignment and why they are most suitable to do the work.

6 soft & hard copies. Financial (Lower offer/offer* Total Score Technical score Financial Sample Document Annex-A GARMENTS SHOPS Dresses once sold are not refundable in any situation. Unused dresses may be exchanged within [insert number] days of purchase, provided that the dress is in brand new condition. For any exchange to be accepted, the Customer shall represent the invoice, as well as the barcode sticker of the product, in the absence of which no exchange claims shall be entertained. [insert name of the shop] does not give any guarantee for any material or accessory. However, in case of any manufacturing defect, limited repair service is provided. The Customer is advised to inspect the dresses before payment. Once payment has been made against a dress, it shall not be refundable. Trimming and fitting for the dresses shall be charged separately, however [insert name of the shop] does not guarantee the availability of trimming/fitting service. Customers are advised to confirm the items purchased before leaving the counter. No claims for any missing items or accessories shall be entertained by [insert name of the shop] afterwards. For [insert name of the shop] to entertain any claim or after sale service, the Customer shall present the receipt of purchase of the respective product. [insert name of the shop] shall not be responsible for any damage caused to the dresses due to washing. The Customer shall be responsible for adhering to the instructions provided for the washing of each respective dress. Page 6 of 7

For any exchange to be accepted, the Customer shall represent the invoice, as well as the barcode sticker of the product, in the absence of which no exchange claims shall be entertained.

7 No credits! Page 7 of 7

INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

INDIVIDUAL CONSULTANT PROCUREMENT NOTICE Date: 26/08/2013 Country: Timor-Leste Description of the assignment: National Database Consultant for DPBSC Library Project name: Support to the Department of Peace