NILE BASIN INITIATIVENILE EQUATORIAL LAKES SUBSIDIARY ACTION PROGRAM SELECTION OF CONSULTANTS REQUEST FOR PROPOSALS RFP No.: NELSAP/NCORE/CS/014 CONSULTING SERVICES FOR FEASIBILITY STUDY, DETAILED DESIGN AND TENDER DOCUMENT PREPARATION FOR SIO-SANGO IRRIGATION DEVELOPMENT AND WATERSHED MANAGEMENT PROJECT Lot 3: NELSAP/NCORE/CS/014 Client: Nile Basin Initiative/Nile Equatorial Lakes Subsidiary Action Program Country: Kenya NILE COOPERATION FOR RESULTS (NCORE) PROJECT GRANT NO.: CIWA TF 013767 Issued on: February 2015 Standard Request for Proposals TABLE OF CLAUSES PART I ................................................................................................................................................... 1 Section 1. Letter of Invitation ................................................................................................................ 1 Section 2. Instructions to Consultants and Data Sheet ........................................................................... 5 A. General Provisions............................................................................................................................ 5 1. Definitions ................................................................................................................................. 5 2. Introduction ............................................................................................................................... 6 3. Conflict of Interest..................................................................................................................... 6 4. Unfair Competitive Advantage.................................................................................................. 7 5. Corrupt and Fraudulent Practices .............................................................................................. 7 6. Eligibility ................................................................................................................................... 8 B. Preparation of Proposals ................................................................................................................... 9 C. Submission, Opening and Evaluation ............................................................................................. 12 D. Negotiations and Award ................................................................................................................. 17 E. Data Sheet ....................................................................................................................................... 19 Section 3. Technical Proposal – Standard Forms ................................................................................ 25 Section 4. Financial Proposal - Standard Forms................................................................................... 35 Section 5. Eligible Countries ............................................................................................................... 45 Section 6. Bank Policy – Corrupt and Fraudulent Practices................................................................ 47 Section 7. Terms of Reference ............................................................................................................. 49 PART II ................................................................................................................................................ 73 Section 8. Conditions of Contract and Contract Forms ........................................................................ 73 I. Form of Contract ..................................................................................................................... 81 II. General Conditions of Contract ............................................................................................... 83 A. GENERAL PROVISIONS .................................................................................................................... 83 2. Relationship between the Parties ............................................................................................. 84 3. Law Governing Contract ......................................................................................................... 84 4. Language ................................................................................................................................. 84 5. Headings .................................................................................................................................. 84 6. Communications...................................................................................................................... 84 7. Location ................................................................................................................................... 84 8. Authority of Member in Charge .............................................................................................. 84 9. Authorized Representatives ..................................................................................................... 84 10. Corrupt and Fraudulent Practices ............................................................................................ 84 ii | P a g e B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT ................... 85 11. Effectiveness of Contract ........................................................................................................ 85 12. Termination of Contract for Failure to Become Effective ...................................................... 85 13. Commencement of Services .................................................................................................... 85 14. Expiration of Contract ............................................................................................................. 85 15. Entire Agreement .................................................................................................................... 85 16. Modifications or Variations..................................................................................................... 85 17. Force Majeure.......................................................................................................................... 85 18. Suspension ............................................................................................................................... 87 19. Termination ............................................................................................................................. 87 C. OBLIGATIONS OF THE CONSULTANT ............................................................................................... 89 20. General .................................................................................................................................... 89 21. Conflict of Interests ................................................................................................................. 89 22. Confidentiality ......................................................................................................................... 90 23. Liability of the Consultant ....................................................................................................... 90 24. Insurance to be Taken out by the Consultant .......................................................................... 90 25. Accounting, Inspection and Auditing ...................................................................................... 91 26. Reporting Obligations ............................................................................................................. 91 27. Proprietary Rights of the Client in Reports and Records ........................................................ 91 28. Equipment, Vehicles and Materials ......................................................................................... 91 D. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS ....................................................................... 92 29. Description of Key Experts ..................................................................................................... 92 30. Replacement of Key Experts ................................................................................................... 92 31. Removal of Experts or Sub-consultants .................................................................................. 92 E. OBLIGATIONS OF THE CLIENT ......................................................................................................... 92 32. Assistance and Exemptions ..................................................................................................... 92 33. Access to Project Site .............................................................................................................. 93 34. Change in the Applicable Law Related to Taxes and Duties ................................................... 93 35. Services, Facilities and Property of the Client ........................................................................ 94 36. Counterpart Personnel ............................................................................................................. 94 37. Payment Obligation ................................................................................................................. 94 F. PAYMENTS TO THE CONSULTANT .................................................................................................... 94 38. Contract Price .......................................................................................................................... 94 39. Taxes and Duties ..................................................................................................................... 94 40. Currency of Payment ............................................................................................................... 94 .................................................. 95 G................................................................................................. 95 43............................................ 105 Appendix D .......................................... 105 Appendix C – Breakdown of Contract Price .................................................................................................................. Special Conditions of Contract.................................. SETTLEMENT OF DISPUTES ...................................................................................... 94 42................................................. Mode of Billing and Payment...........................................................................41......................... FAIRNESS AND GOOD FAITH ......... 95 H......................Key Experts .............. 96 44................... 105 Appendix A – Terms of Reference ........................... Amicable Settlement .............................................................................................................................................. 97 III. Appendices .............................................................. 107 ...................................... 96 45.................................................. 105 Appendix B .................................................... Interest on Delayed Payments ............................................. 99 IV....................................................... Good Faith ............................................................................................... Dispute Resolution .. 96 Attachment 1: Bank’s Policy – Corrupt and Fraudulent Practices .............Form of Advance Payments Guarantee .................................................................................................................................... fr or isabelle. SGI Studio Galli Ingeneria in a joint venture Association with Z&A Consulting Engineers International Ltd ( Greece).com 3. Spain Tel: +34 954 925 325 .A. Le Delage . Email: Stefan. S.vanderwatt@aecom. 94001 – 30001 Nîmes Cedex 5 – France Tel: +33 466 875000 .in 2. Técnica y Proyectos. Fax: +33 466 875109 . Tractebel Engineering S. Gurgaon. E-mail:
[email protected] 6.France Tél. E-mail: dc. Sarmeola di Rubano.hubiche@brl. av. E-mail: matteo. Pierre Mendes France.a.gov. CAVICON Consultants and Howard Humphreys 1105. Fax: +34 954 640 359 . Via della Provvidenza 13.brli@brl. + 33 1 41 85 03 69 -Fax + 33 1 41 85 03 74 E-mail: nicolas. NELSAP/NCORE/CS/014. Fax: +39 049 89 76 784 .A. Edificio Viapol A/1/4&5 41018 Seville. Centurion.gov. India Tel: +91 124 2397391 . February 2015 1. Institutional Area. Cedex .fr 4. Sector – 18.p. Loan/Credit/Grant No. CIWA TF 013767 Kigali.PART I Section 1. 35030. Email: luisma@typsa.
[email protected] or mail@wapcos. Letter of Invitation RFP No. Rwanda. BRL Ingénierie in sub consultancy association with AURECON. Fax: +91-124-2399224 . Tshwane 0157. rue du 19 mars 1962 92 622 Gennevilliers.P. Italy Tel: +39 049 89 76 844. S. B. AECOM 263 A West Avenue. Fax: +27 124 213501 .5.com 5. Haryana. South Africa Tel: +27 124 213500 .(TYPSA) Consulting Engineers in sub consultancy association with AGRER and Abdul Mullick Associates Balbino Marron 3. WAPCOS Ltd in sub-consultancy association with Benchmark Engineering & Architectural Consultants Ltd 76-C.com 1|P age .werkoff@gdfsuez. Dear Mr. and will be subject. (vi). WAPCOS Ltd in sub consultancy association with Benchmark Engineering & Architectural Consultants Ltd – India TYPSA Consulting Engineers in sub consultancy association with AGRER and AMA – Spain BRL Ingénierie in sub consultancy association with AURECON. The Client now invites proposals to provide the following consulting services (hereinafter called “Services”): Feasibility Study. in accordance with the policies of the Bank detailed in the Consultants’ Guidelines which can be found at the following website: www. in writing at: Att.p. or for any import of goods. (iv). (iii).org/procure 6. .Terms of Reference Section 8 . to the terms and conditions of the grant agreement. Thuguri Mungai.A in JV with Z&A Consulting Engineers – Italy Tractebel Engineering S.Financial Proposal . No party other than the NBI/NELSAP shall derive any rights from the grant agreement or have any claims to the proceeds of the grant. NELSAP Procurement Specialist.A – France 4.Standard Forms Section 5 – Eligible Countries Section 6 – Bank’s Policy – Corrupt and Fraudulent Practices Section 7 . is prohibited by a decision of the United Nations Security council taken under Chapter VII of the Charter of the United Nations.Letter of Invitation Section 2 . /Ms. (ii). It is not permissible to transfer this invitation to any other firm. 2.Standard Forms Section 4 . if such payment or import. This Request for Proposals (RFP) has been addressed to the following shortlisted Consultants: (i). The NBI/NELSAP intends to apply the funds to eligible payments under the contract for which this Request for Proposals is issued.Technical Proposal (FTP) . A firm will be selected under QCBS procedures and in a Full Technical Proposal (FTP) format as described in this RFP. Payments by the Bank will be made only at the request of the NBI/NELSAP and upon approval by the Bank. Detailed Design and Tender Document Preparation for SioSango Irrigation Development and Watershed Management Project (Lot3). Ms. The Nile Basin Initiative (NBI)/Nile Equatorial Lakes Subsidiary Action Program (NELSAP) (the Client) has been allocated grant funds (the “Grant”) from the World Bank through the Cooperation on International Waters for Africa (CIWA) Multi-Donor Trust Fund which are administered by the International Development Association (IDA) (the “Bank”) and executed by the NBI/NELSAP (“the Client”). (v). 2015.: 1. 5. Please inform us by February 20.Instructions to Consultants and Data Sheet Section 3 .worldbank. Details on the Services are provided in the Terms of Reference (Section 7). CAVICON Consultants and Howard Humphreys – France AECOM – South Africa SGI Studio Galli S.Standard Forms of Contract (Lump-Sum) 7. to the knowledge of the Bank. The RFP includes the following documents: Section 1 . in all respects. The grant agreement prohibits a withdrawal from the grant account for the purpose of any payment to persons or entities. 3. Details on the proposal’s submission date.org . and whether you intend to submit a proposal alone or intend to enhance your experience by requesting permission to associate with other firm(s) (if permissible under Section 2. Vincent SSEBUGGWAWO Ag.1. amukubwa@nilebasin. Box 6759 Kigali-Rwanda.org . Mr. 8.org copied to
[email protected]. Data Sheet 14.7 and 17.P.1). Program Officer – WRD Nile Equatorial Lakes Subsidiary Action Program/Nile Basin Initiative. mbadaza@nilebasin. Instructions to Consultants (ITC). or by E-mail:
[email protected] of the ITC. Yours sincerely. Tel: +250 788 307 334 E-mail:vssebuggwawo@nilebasin. Url: www.org.org (a) (b) that you have received the Letter of Invitation.org/nelsap . time and address are provided in Clauses 17.O. . of more than one Consultant where one member has the authority to conduct all business for and on behalf of any and all the members of the JV. Key Experts. Government agency or other entity that signs the grant agreement with the Bank. 5|P age . as they may be issued and in force from time to time. Sub-consultant or Joint Venture member(s). but not to over-write. (h)“Contract” means a legally binding written agreement signed between the Client and the Consultant and includes all the attached documents listed in its Clause 1 (the General Conditions of Contract (GCC). (n) “Key Expert(s)” means an individual professional whose skills. the provisions of the ITC. (d) “Bank” means the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA). and the Appendices). (l) “Government” means the government of the Client’s country. (g)“Consultant” means a legally-established professional consulting firm or an entity that may provide or provides the Services to the Client under the Contract. is controlled by.Section 2. or in such other country as may be specified in the Data Sheet. Instructions to Consultants and Data Sheet A. (e) “Borrower” means the Government. and where the members of the JV are jointly and severally liable to the Client for the performance of the Contract. knowledge and experience are critical to the performance of the Services under the Contract and whose CV is taken into account in the technical evaluation of the Consultant’s proposal. General Provisions Definitions (a) “Affiliate(s)” means an individual or an entity that directly or indirectly controls. (b) “Applicable Guidelines” means the policies of the Bank governing the selection and Contract award process as set forth in this RFP. the Special Conditions of Contract (SCC). or any other personnel of the Consultant. collectively. Non-Key Experts. (i) “Data Sheet” means an integral part of the Instructions to Consultants (ITC) Section 2 that is used to reflect specific country and assignment conditions to supplement. (m) “Joint Venture (JV)” means an association with or without a legal personality distinct from that of its members. (k) “Experts” means. (f) “Client” means the implementing agency that signs the Contract for the Services with the selected Consultant. (j) “Day” means a calendar day. qualifications. or is under common control with the Consultant. (c) “Applicable Law” means the laws and any other instruments having the force of law in the Client’s country. (q) “Non-Key Expert(s)” means an individual professional provided by the Consultant or its Sub-consultant and who is assigned to perform the Services or any part thereof under the Contract and whose CVs are not evaluated individually. activities.5 The Consultant is required to provide professional. (t) “SRFP” means the Standard Request for Proposals. 1. as specified in the Data Sheet. 1. or a Technical Proposal only. and expected results and deliverables of the assignment. strictly avoiding conflicts with other assignments or 6|Page . at no cost to the Consultants.2 The shortlisted Consultants are invited to submit a Technical Proposal and a Financial Proposal.3 The Consultants should familiarize themselves with the local conditions and take them into account in preparing their Proposals. for consulting services required for the assignment named in the Data Sheet. at all times holding the Client’s interests paramount. Instructions to Consultants Introduction Conflict of Interest (o) “ITC” (this Section 2 of the RFP) means the Instructions to Consultants that provides the shortlisted Consultants with all information needed to prepare their Proposals. scope of work. based on the SRFP. Attending any such pre-proposal conference is optional and is at the Consultants’ expense.Section 2.1 The Client named in the Data Sheet intends to select a Consultant from those listed in the Letter of Invitation. 1. including attending a pre-proposal conference if one is specified in the Data Sheet. 1. in accordance with the method of selection specified in the Data Sheet. (v) “Sub-consultant” means an entity to whom the Consultant intends to subcontract any part of the Services while remaining responsible to the Client during the performance of the Contract. and tasks to be performed. (p) “LOI” (this Section 1 of the RFP) means the Letter of Invitation being sent by the Client to the shortlisted Consultants. (u) “Services” means the work to be performed by the Consultant pursuant to the Contract. The Proposal will be the basis for negotiating and ultimately signing the Contract with the selected Consultant. the inputs. respective responsibilities of the Client and the Consultant. 1. relevant project data.4 The Client will timely provide. (w) “TORs” (this Section 7 of the RFP) means the Terms of Reference that explain the objectives. which must be used by the Client as the basis for the preparation of the RFP. (s) “RFP” means the Request for Proposals to be prepared by the Client for the selection of Consultants. objective. and reports required for the preparation of the Consultant’s Proposal as specified in the Data Sheet. (r) “Proposal” means the Technical Proposal and the Financial Proposal of the Consultant. and impartial advice. 7 Fairness and transparency in the selection process require that the Consultants or their Affiliates competing for a specific assignment do not derive a competitive advantage from having provided consulting services related to the assignment in question. and unless stated otherwise in the Data Sheet. or of implementing agency. Conflicting activities b. shall be disqualified from subsequently providing goods or works or non-consulting services resulting from or directly related to the consulting services for such preparation or implementation.Section 2. (ii) the selection process for the Contract. works. Conflicting assignments c. works. or any of its Affiliates. or (iii) the supervision of the Contract. To that end. unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Bank throughout the selection process and the execution of the Contract. 1. or of a recipient of a part of the Bank’s financing) who are directly or indirectly involved in any part of (i) the preparation of the Terms of Reference for the assignment.6. Failure to disclose such situations may lead to the disqualification of the Consultant or the termination of its Contract and/or sanctions by the Bank.1 The Bank requires compliance with its policy in regard to corrupt 7|Page . (iii) Relationship with the Client’s staff: a Consultant (including its Experts and Sub-consultants) that has a close business or family relationship with a professional staff of the Borrower (or of the Client. may be in conflict with another assignment of the Consultant for the same or for another Client. the Client shall indicate in the Data Sheet and make available to all shortlisted Consultants together with this RFP all information that would in that respect give such Consultant any unfair competitive advantage over competing Consultants.1 Without limitation on the generality of the foregoing. Instructions to Consultants a. may not be awarded a Contract. the Consultant shall not be hired under the circumstances set forth below: (i) Conflict between consulting activities and procurement of goods. or nonconsulting services for a project. Conversely. or nonconsulting services. or any of its Affiliates. and acting without any consideration for future work. by its nature. 5. 1. Conflicting relationships its own corporate interests. (ii) Conflict among consulting assignments: a Consultant (including its Experts and Sub-consultants) or any of its Affiliates shall not be hired for any assignment that. a firm hired to provide consulting services for the preparation or implementation of a project. shall be disqualified from providing consulting services resulting from or directly related to those goods. works or non-consulting services: a firm that has been engaged by the Client to provide goods. Unfair Competitive Advantage Corrupt and Fraudulent 1.6 The Consultant has an obligation to disclose to the Client any situation of actual or potential conflict that impacts its capacity to serve the best interest of its Client. and to have them audited by auditors appointed by the Bank. the government-owned enterprise or institution should provide all relevant documents (including its 8|Page . c. and (iii) that they are not dependent agencies of the Client To establish eligibility. Eligibility 1. The list of debarred firms and individuals is available at the electronic address specified in the Data Sheet. Sub-consultants. service providers. 1.2 above: a. the Borrower’s country prohibits commercial relations with that country. Instructions to Consultants Practices and fraudulent practices as set forth in Section 6. Prohibitions with the above Clause 5. sub-contractors.Section 2.2 In further pursuance of this policy. provided that the Bank is satisfied that such exclusion does not preclude effective competition for the provision of Services required.10. it is the Consultant’s responsibility to ensure that its Experts. or entity in that country.10 As an exception to the foregoing Clauses 6.1 A firm or an individual sanctioned by the Bank in accordance b.3 Government-owned enterprises or institutions in the Borrower’s country shall be eligible only if they can establish that they (i) are legally and financially autonomous. or (b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. (ii) operate under commercial law.9 Furthermore. 5. or suppliers to permit the Bank to inspect all accounts. Restrictions for Governmentowned Enterprises 6. Experts.3. sub-contractors. the Borrower’s Country prohibits any import of goods from that country or any payments to any country. or to benefit from a Bank-financed contract. agents (declared or not).1 or in accordance with “Anti-Corruption Guidelines” shall be ineligible to be awarded a Bank-financed contract. person. 1.1 and 6. records.8 The Bank permits consultants (individuals and firms. financially or otherwise. and other documents relating to the submission of the Proposal and contract performance (in case of an award). Consultant shall permit and shall cause its agents. Sanctions 1. Sub-consultants. services providers.2 Firms and individuals of a country or goods manufactured in a country may be ineligible if so indicated in Section 5 (Eligible Countries) and: (a) as a matter of law or official regulations.10. suppliers and/or their employees meet the eligibility requirements as established by the Bank in the Applicable Guidelines. 1. joint venture members. including Joint Ventures and their individual members) from all countries to offer consulting services for Bank-financed projects. during such period of time as the Bank shall determine. and the Client shall not be responsible or liable for those costs. whichever is longer. regulations. it can acquire rights and liabilities. (ii) are not being hired by the same agency they were working for before going on leave of absence without pay. or have resigned or retired. Instructions to Consultants charter) sufficient to demonstrate that it is a legal entity separate from the government. for a period of at least 6 (six) months. it is not obligated to pass on its surplus to the government. d. Experts who are employed by the government-owned universities. borrow funds. under the applicable laws or regulations.4 The Proposal shall comprise the documents and forms listed in the 9|Page . 7.4 Government officials and civil servants of the Borrower’s country are not eligible to be included as Experts in the Consultant’s Proposal unless such engagement does not conflict with any employment or other laws. and (iii) Their hiring would not create a conflict of interest. it does not currently receive any substantial subsidies or budget support. is its reporting or supervisory authority or has the ability to exercise influence or control over it.Section 2.1 In preparing the Proposal. Restrictions for public employees 6. without thereby incurring any liability to the Consultant.2 The Consultant shall bear all costs associated with the preparation and submission of its Proposal. or retiring (in case of resignation or retirement. and can be liable for repayment of debts and be declared bankrupt. 7. and reserves the right to annul the selection process at any time prior to Contract award. Preparation of Proposals 7. or the period established by statutory provisions applying to civil servants or government employees in the Borrower’s country. as well as all correspondence and documents relating to the Proposal exchanged between the Consultant and the Client shall be written in the language(s) specified in the Data Sheet. General Consideratio ns Cost of Preparation of Proposal Language Documents 7. or policies of the Borrower’s country. and they (i) are on leave of absence without pay.. B. 7. resigning. regardless of the conduct or outcome of the selection process.3. the Consultant is expected to examine the RFP in detail.3 The Proposal. educational or research institutions are not eligible unless they have been full time employees of their institutions for a year or more prior to being included in Consultant’s Proposal. The Client is not bound to accept any proposal. and it is not competing for a contract to be awarded by the government department or agency which. Material deficiencies in providing the information requested in the RFP may result in rejection of the Proposal. if any. all Consultants who submitted Proposals prior to the submission deadline to extend the Proposals’ validity.12 If the Consultant agrees to extend the validity of its Proposal. 7. However. will remain to be based on the evaluation of the CV of the original Key 10 | P a g e . such Proposal shall be disqualified and rejected for further evaluation. and fees. 7. preclude a Sub-consultant. In such case. Extension of Validity Period 7.8 The Data Sheet indicates the period during which the Consultant’s Proposal must remain valid after the Proposal submission deadline. however. the proposed rates and the total price. either in its own name or as part of a Joint Venture in another Proposal. 7.11 The Client will make its best effort to complete the negotiations within the proposal’s validity period.7 The Consultant (including the individual members of any Joint Venture) shall submit only one Proposal. Instructions to Consultants Comprising the Proposal Only One Proposal Proposal Validity Data Sheet. 7. 7. the Client country’s laws against fraud and corruption (including bribery). the Consultant shall provide a written adequate justification and evidence satisfactory to the Client together with the substitution request.9 During this period. submits or participates in more than one proposal. however. b. the Consultant shall maintain its original Proposal without any change. if awarded. a. a replacement Key Expert shall have equal or better qualifications and experience than those of the originally proposed Key Expert. gratuities. the Consultant shall include a statement of an undertaking of the Consultant to observe. the Client may request. including the availability of the Key Experts. paid or to be paid to agents or any other party relating to this Proposal and. 7.Section 2. in competing for and executing a contract. including any Joint Venture member. The technical evaluation score. Substitution of Key Experts at Validity Extension 7. it shall be done without any change in the original Proposal and with the confirmation of the availability of the Key Experts. 7. in writing. If a Consultant. and may be subject to sanctions in accordance with Clause 5 of this ITC. all such proposals shall be disqualified and rejected. 7. should the need arise.5 If specified in the Data Sheet. This does not. as requested in the Financial Proposal submission form (Section 4).6 The Consultant shall furnish information on commissions. Contract execution.10 If it is established that any Key Expert nominated in the Consultant’s Proposal was not available at the time of Proposal submission or was included in the Proposal without his/her confirmation.14 If any of the Key Experts become unavailable for the extended validity period. or the Consultant’s staff from participating as Key Experts and Non-Key Experts in more than one Proposal when circumstances justify and if stated in the Data Sheet.13 The Consultant has the right to refuse to extend the validity of its Proposal in which case such Proposal will not be further evaluated. Should the Client deem it necessary to amend the RFP as a result of a clarification. 7. The shortlisted Consultants shall acknowledge receipt of all amendments in writing.16 The Consultant shall not subcontract the whole of the Services. and will send written copies of the response (including an explanation of the query but without identifying its source) to all shortlisted Consultants. the Client may extend the proposal submission deadline to give the shortlisted Consultants reasonable time to take an amendment into account in their Proposals. 7. any of them can be a lead member. 7. such Proposal will be rejected with the prior Bank’s no objection.15 If the Consultant fails to provide a replacement Key Expert with equal or better qualifications. The amendment shall be sent to all shortlisted Consultants and will be binding on them. but not both. No modifications to the Technical or Financial Proposal shall be accepted after the deadline.1 If a shortlisted Consultant considers that it may enhance its expertise Specific for the assignment by associating with other consultants in the form Consideratio of a Joint Venture or as Sub-consultants.19 While preparing the Proposal. SubContracting Clarification and Amendment of RFP 7.17. 7. The Client will respond in writing. 7. When associating with non-shortlisted firms in the form of a joint venture or a sub-consultancy. the Consultant must give particular Preparation of attention to the following: Proposals – 7.17. the Consultant shall include in its Proposal at least the same time input (in the same unit as indicated in 11 | P a g e . or by standard electronic means. This estimate is indicative and the Proposal shall be based on the Consultant’s own estimates for the same. If shortlisted Consultants associate with each other.1 At any time before the proposal submission deadline. or by standard electronic means. or (b) shortlisted Consultants if permitted in the Data Sheet. the Client may amend the RFP by issuing an amendment in writing or by standard electronic means. to the Client’s address indicated in the Data Sheet. the shortlisted Consultant shall be a lead member.19. Any request for clarification must be sent in writing.2 The Client may indicate in the Data Sheet the estimated Key Experts’ time input (expressed in person-month) or the Client’s estimated total cost of the assignment. In all such cases a shortlisted Consultant must obtain the written approval of the Client prior to the submission of the Proposal. Instructions to Consultants Expert.3 If stated in the Data Sheet.19.18 The Consultant may submit a modified Proposal or a modification to any part of it at any time prior to the proposal submission deadline. or if the provided reasons for the replacement or justification are unacceptable to the Client. it shall do so following the procedure described below: 7.2 If the amendment is substantial.19. 7.Section 2.17 The Consultant may request a clarification of any part of the RFP during the period indicated in the Data Sheet before the Proposals’ submission deadline. it may do so with either (a) ns non-shortlisted Consultant(s). c. 7. Taxes c. 7. A Technical Proposal Technical Proposal containing material financial information shall be Format and declared non-responsive. (b) reimbursable expenses indicated in the Data Sheet. Price Adjustment b. Sealing.19.1 Consultant shall not propose alternative Key Experts. is given in the Data Sheet. if applicable. Opening and Evaluation Submission.21 Depending on the nature of the assignment.1 The Consultant shall submit a signed and complete Proposal comprising the documents and forms in accordance with Clause 10 (Documents Comprising Proposal). If indicated in the Data Sheet. and the Financial Proposal shall not exceed this budget. the Consultant has the option of submitting its Proposals electronically. the portion of the price representing local cost shall be stated in the national currency. a price adjustment provision for foreign and/or local inflation for remuneration rates applies if so stated in the Data Sheet. If specified in the Data Sheet.22 The Financial Proposal shall be prepared using the Standard Forms provided in Section 4 of the RFP. Instructions to Consultants the Data Sheet) of Key Experts. Only one CV shall be submitted for each Key Expert position.24 The Consultant and its Sub-consultants and Experts are responsible for meeting all tax liabilities arising out of the Contract unless stated otherwise in the Data Sheet. 7. 7. 7. and Marking of Proposals 17. 7. the Financial Proposal and shall initial all pages of both. Information on taxes in the Client’s country is provided in the Data Sheet.1. 7. the Consultant is required to submit a Full Technical Proposal (FTP). Total available budget. Currency of Payment 7. with an indication whether it is inclusive or exclusive of taxes.20 The Technical Proposal shall not include any financial information. The submission can be done by mail or by hand.23 For assignments with a duration exceeding 18 months. The 12 | P a g e . It shall list all costs associated with the assignment. Currency of Proposal d. the estimated Key Experts’ time input is not disclosed. C.26 Payment under the Contract shall be made in the currency or currencies in which the payment is requested in the Proposal. 7.25 The Consultant may express the price for its Services in the currency or currencies as stated in the Data Sheet. including (a) remuneration for Key Experts and NonKey Experts. failing which the Financial Proposal will be adjusted for the purpose of comparison of proposals and decision for award in accordance with the procedure in the Data Sheet. Financial Proposal a. or a Simplified Technical Proposal (STP) as indicated in the Data Sheet and using the Standard Forms provided in Section 3 of the RFP. 17.Section 2.2 An authorized representative of the Consultant shall sign the original submission letters in the required format for both the Technical Proposal and.4 For assignments under the Fixed-Budget selection method. Submission. Failure to comply with this requirement will make the Proposal nonresponsive. Content 15. 17. This outer envelope shall bear the submission address.” 17.9 The Proposal or its modifications must be sent to the address indicated in the Data Sheet and received by the 13 | P a g e . reference number. 17.2. revisions.5 The original and all the copies of the Technical Proposal shall be placed inside of a sealed envelope clearly marked “TECHNICAL PROPOSAL”. DETAILED DESIGN AND TENDER DOCUMENT PREPARATION FOR SIO-SANGO IRRIGATION DEVELOPMENT AND WATERSHED MANAGEMENT PROJECT“. and with a warning “ “DO NOT OPEN BEFORE APRIL 3. and its copies marked “COPY” as appropriate. the Client will assume no responsibility for the misplacement.6 Similarly. All copies shall be made from the signed original.8 If the envelopes and packages with the Proposal are not sealed and marked as required. RFP reference number. reference number. or premature opening of the Proposal. Instructions to Consultants authorization shall be in the form of a written power of attorney attached to the Technical Proposal.Section 2. name and address of the Consultant. the original Financial Proposal (if required for the applicable selection method) shall be placed inside of a sealed envelope clearly marked “FINANCIAL PROPOSAL” followed by the name of the assignment. the name of the assignment. or overwriting shall be valid only if they are signed or initialed by the person signing the Proposal. Consultant’s name and the address. If there are discrepancies between the original and the copies. AT 16:00 LOCAL 17. The number of copies is indicated in the Data Sheet. 2015 AT 16:00 LOCAL TIME”. “FEASIBILITY STUDY. or by an authorized representative who has a written power of attorney signed by each member’s authorized representative. name and address of the Consultant. and with a warning “DO NOT OPEN WITH THE TECHNICAL PROPOSAL.3 Any modifications. the original shall prevail. 17. erasures. 17.4 The signed Proposal shall be marked “ORIGINAL”. 17.1 A Proposal submitted by a Joint Venture shall be signed by all members so as to be legally binding on all members. 17. 2015 TIME”. and shall be clearly marked “DO NOT OPEN BEFORE APRIL 03. interlineations.7 The sealed envelopes containing the Technical and Financial Proposals shall be placed into one outer envelope and sealed. loss. 18. the Consultant should not contact the Client on any matter related to its Technical and/or Financial Proposal.1 of the ITC. until the publication of the Contract award information. Instructions to Consultants Confidentiality Opening of Technical Proposals Proposals Evaluation Client no later than the deadline indicated in the Data Sheet. time and the address are stated in the Data Sheet. Information relating to the evaluation of Proposals and award recommendations shall not be disclosed to the Consultants who submitted the Proposals or to any other party not officially concerned with the process. or any extension to this deadline. 18.2 The Consultant is not permitted to alter or modify its Proposal in any way after the proposal submission deadline except as permitted under Clause 12. 19. Any Proposal or its modification received by the Client after the deadline shall be declared late and rejected. 19. if applicable. the name of the lead member and the names and the countries of all members. and promptly returned unopened. 20. the name of the Joint Venture. it should do so only in writing. the Client will conduct the evaluation solely on the 14 | P a g e . if a Consultant wishes to contact the Client or the Bank on any matter related to the selection process.1 From the time the Proposals are opened to the time the Contract is awarded.Section 2. in case of a Joint Venture. (iii) any modifications to the Proposal submitted prior to proposal submission deadline. While evaluating the Proposals. (ii) the presence or absence of a duly sealed envelope with the Financial Proposal.7 of this ITC. The envelopes with the Financial Proposal shall remain sealed and shall be securely stored with a reputable public auditor or independent authority until they are opened in accordance with Clause 23 of the ITC. 20.2 Any attempt by shortlisted Consultants or anyone on behalf of the Consultant to influence improperly the Client in the evaluation of the Proposals or Contract award decisions may result in the rejection of its Proposal.1 Subject to provision of Clause 15.3 Notwithstanding the above provisions. The opening date. and may be subject to the application of prevailing Bank’s sanctions procedures. 18. and (iv) any other information deemed appropriate or as indicated in the Data Sheet.1 The Client’s evaluation committee shall conduct the opening of the Technical Proposals in the presence of the shortlisted Consultants’ authorized representatives who choose to attend (in person.2 At the opening of the Technical Proposals the following shall be read out: (i) the name and the country of the Consultant or. from the time of the Proposals’ opening to the time of Contract award publication. the evaluators of the Technical Proposals shall have no access to the Financial Proposals until the technical evaluation is concluded and the Bank issues its “no objection”. or online if this option is offered in the Data Sheet). shall be read aloud. Each responsive Proposal will be given a technical score. Copies of the record shall be sent to all Consultants who submitted Proposals and to the Bank. The opening date should allow the Consultants sufficient time to make arrangements for attending the opening.1 The Client’s evaluation committee shall evaluate the Technical Proposals on the basis of their responsiveness to the Terms of Reference and the RFP.1 Activities and items described in the Technical Proposal but not priced in the Financial Proposal. the top-ranked Consultant is invited to negotiate the Contract.Section 2. and LCS methods) Correction of Errors 23. 22. The Financial Proposals will then be inspected to confirm that they have remained sealed and unopened. FBS. 22. Instructions to Consultants Evaluation of Technical Proposals Financial Proposals for QBS basis of the submitted Technical and Financial Proposals. The Client shall simultaneously notify in writing those Consultants that have achieved the minimum overall technical score and inform them of the date.1 Following the ranking of the Technical Proposals. when the selection is based on quality only (QBS). only the Financial Proposal of the technically top-ranked Consultant is opened by the Client’s evaluation committee. The Consultant’s attendance at the opening of the Financial Proposals (in person. and the total prices read aloud and recorded. A Proposal shall be rejected at this stage if it does not respond to important aspects of the RFP or if it fails to achieve the minimum technical score indicated in the Data Sheet. 24. applying the evaluation criteria. the names of the Consultants. sub-criteria. At the opening. time and location for the opening of the Financial Proposals. These Financial Proposals shall be then opened. or online if such option is indicated in the Data Sheet) is optional and is at the Consultant’s choice. 23. as well as scores obtained for each criterion and subcriterion) that their Financial Proposals will be returned unopened after completing the selection process and Contract signing. 21. the Client shall notify those Consultants whose Proposals were considered nonresponsive to the RFP and TOR or did not meet the minimum qualifying technical score (and shall provide information relating to the Consultant’s overall technical score. All other Financial Proposals are returned unopened after the Contract negotiations are successfully concluded and the Contract is signed.1 After the technical evaluation is completed and the Bank has issued its no objection (if applicable).2 If Financial Proposals were invited together with the Technical Proposals. and the overall technical scores. including the break-down by criterion. and point system specified in the Data Sheet.2 The Financial Proposals shall be opened by the Client’s evaluation committee in the presence of the representatives of those Consultants whose proposals have passed the minimum technical score. Public Opening of Financial Proposals (for QCBS. shall be assumed to be included in 15 | P a g e . b.3 In the case of FBS. 26. the Client’s evaluation committee will (a) correct any computational or arithmetical errors. and (b) adjust the prices if they fail to reflect all inputs included for the respective activities or items in the Technical Proposal. and invite such Consultant to negotiate the Contract.2 In the case of QCBS.1 If a Time-Based contract form is included in the RFP. the total score is calculated by weighting the technical and financial scores and adding them as per the formula and instructions in the Data Sheet. prices shall be converted to a single currency using the selling rates of exchange. 26. so neither arithmetical corrections nor price adjustments shall be made. Fixed-Budget Selection (FBS) 26.4 of the Data Sheet shall be rejected. net of taxes understood as per Clause ITC 25 below. 16 | P a g e .and CostBased Selection (QCBS) b. Lump-Sum Contracts 24. Taxes Conversion to Single Currency 25. Instructions to Consultants the prices of other activities or items. those Proposals that exceed the budget indicated in Clause 14. source and date indicated in the Data Sheet. the former will prevail.2 If a Lump-Sum contract form is included in the RFP. a.1.Section 2. Time-Based Contracts 24. 26.1. In case of discrepancy between (i) a partial amount (sub-total) and the total amount. The total price. apply the relevant unit price included in the Financial Proposal to the corrected quantity. the Consultant is deemed to have included all prices in the Financial Proposal.4 The Client will select the Consultant that submitted the highest-ranked Technical Proposal that does not exceed the budget indicated in the RFP. or (ii) between the amount derived by multiplication of unit price with quantity and the total price. Quality.1 For the evaluation purposes.1 The Client’s evaluation of the Consultant’s Financial Proposal shall exclude taxes and duties in the Client’s country in accordance with the instructions in the Data Sheet. and correct the total Proposal cost. Combined Quality and Cost Evaluation a. the Technical Proposal prevails and the Client’s evaluation committee shall correct the quantification indicated in the Financial Proposal so as to make it consistent with that indicated in the Technical Proposal. and no corrections are made to the Financial Proposal. The Consultant achieving the highest combined technical and financial score will be invited for negotiations. or (iii) between words and figures. specified in the Financial Proposal (Form FIN-1) shall be considered as the offered price. In case of discrepancy between the Technical and Financial Proposals in indicating quantities of input. 26.13 In the case of a Time-Based contract. 26. including but not limited to death or medical incapacity. the substitution of Key Experts at the negotiations may be considered if due solely to circumstances outside the reasonable control of and not foreseeable by the Consultant. Instructions to Consultants c.6 The negotiations will be held at the date and address indicated in the Data Sheet with the Consultant’s representative(s) who must have written power of attorney to negotiate and sign a Contract on behalf of the Consultant. 26.12 If the selection method included cost as a factor in the evaluation. if applicable.7 The Client shall prepare minutes of negotiations that are signed by the Client and the Consultant’s authorized representative. its price.Section 2.10 The negotiations include discussions of the Terms of Reference (TORs). except when the offered Key Experts and Non-Key Experts’ remuneration rates are much higher than the typically charged rates by consultants in similar contracts. Financial negotiations 26. In such case. or the relevance of the initial evaluation be affected. Technical negotiations c. Failure to confirm the Key Experts’ availability may result in the rejection of the Consultant’s Proposal and the Client proceeding to negotiate the Contract with the next-ranked Consultant. a replacement in accordance with Clause 12 of the ITC.5 In the case of Least-Cost Selection (LCS). lest the quality of the final product.8 The invited Consultant shall confirm the availability of all Key Experts included in the Proposal as a pre-requisite to the negotiations. 26. Least-Cost Selection 26. unit rates negotiations shall not take place. the special conditions of the Contract. Availability of Key Experts b. 26. ask to change the 17 | P a g e . the Client will select the Consultant with the lowest evaluated total price among those consultants that achieved the minimum technical score. In such case. and invite such Consultant to negotiate the Contract. or. the Consultant shall offer a substitute Key Expert within the period of time specified in the letter of invitation to negotiate the Contract.11 The negotiations include the clarification of the Consultant’s tax liability in the Client’s country and how it should be reflected in the Contract. D. 26. the Client’s inputs. 26. if the fees are very high. Negotiations and Award Negotiations a. who shall have equivalent or better qualifications and experience than the original candidate.9 Notwithstanding the above. These discussions shall not substantially alter the original scope of services under the TOR or the terms of the contract. and finalizing the “Description of Services” part of the Contract. the total price stated in the Financial Proposal for a Lump-Sum contract shall not be negotiated. the proposed methodology. the Client may ask for clarifications and. Conclusion of Negotiations Award of Contract 26. the Client will invite the next-ranked Consultant to negotiate a Contract. 26. 18 | P a g e . which then shall be initialed by the Client and the Consultant’s authorized representative.8 above.16 After completing the negotiations the Client shall obtain the Bank’s no objection to the negotiated draft Contract.Section 2. 26. is provided in Appendix A to the Financial Form FIN-3: Financial Negotiations – Breakdown of Remuneration Rates.14 The negotiations are concluded with a review of the finalized draft Contract. and promptly notify the other shortlisted Consultants.15 If the negotiations fail. If disagreement persists. The format for (i) providing information on remuneration rates in the case of Quality Based Selection. the Client shall inform the Consultant in writing of all pending issues and disagreements and provide a final opportunity to the Consultant to respond. After having obtained the Bank’s no objection. and (ii) clarifying remuneration rates’ structure under Clause 28. if applicable. publish the award information as per the instructions in the Data Sheet. 26.17 The Consultant is expected to commence the assignment on the date and at the location specified in the Data Sheet. Once the Client commences negotiations with the next-ranked Consultant. Instructions to Consultants rates after consultation with the Bank. sign the Contract. the Client shall terminate the negotiations informing the Consultant of the reasons for doing so. the Client shall not reopen the earlier negotiations. Detailed Design and Tender Document Preparation for Sio-Sango Irrigation Development and Watershed Management Project (Lot3) 2.2 Financial Proposal to be submitted together with Technical Proposal: Yes The name of the assignment is: Feasibility Study. dated January 2011 available on www. Eastern DR Congo. 2010) b) Assessment of the Irrigation Potential in Burundi. Tanzania and Uganda. etc.3 A pre-proposal conference will be held: No 2. Final Report (July 2012): Appendices: Burundi and Uganda 6.3.Section 2.org/procure 2.worldbank.1 This RFP has been issued in the English language.4 The Client will provide the following inputs.org/debarr B. Southern Sudan.1 Name of the Client: Nile Basin Initiative/Nile Equatorial Lakes Subsidiary Action Program Method of selection: QCBS as per Applicable Guidelines: Selection and Employment of Consultants under IBRD Loans and IDA Credits & Grants by World Bank Borrowers. 10. reports.1 A list of debarred firms and individuals is available at the Bank’s external website: www. to facilitate the preparation of the Proposals: a) Pre-feasibility Study Report – Development of Multipurpose Water Storage Reservoirs in the Sio-Malaba-Malakisi Sub Basin (Newplan. Rwanda. All correspondence exchange shall be in the English language. project data. Proposals shall be submitted in the English language. Instructions to Consultants Instructions to Consultants E. Kenya.1 The Proposal shall comprise the following: For FULL TECHNICAL PROPOSAL (FTP): 1st Inner Envelope with the Technical Proposal: (1) Power of Attorney to sign the Proposal (2) TECH-1 (3) TECH-2 19 | P a g e . General ITC Clause Reference 1 (c) Kenya 2. Data Sheet A.worldbank. Preparation of Proposals 9. 1 A list is as follows: (1) a per diem allowance. The contact information for requesting clarifications is: Thuguri Mungai NELSAP Procurement Office Email:
[email protected]. 14.1 Shortlisted Consultants may associate with (a) non-shortlisted consultant(s): Yes Or (b) other shortlisted Consultants: No 14.org Copied to: E-mail:mbadaza@nilebasin. 15.2 and 27.2 Statement of Undertaking is required: Yes 11.1.1 Participation of Sub-consultants.1 Clarifications may be requested no later than 10 days prior to the submission deadline.1 The Estimated total cost of the assignment. vssebuggwawo@nilebasin. for experts for every day of absence from the home office for the purposes of the Services. (2) cost of travel by the most appropriate means of transport and the most direct 20 | P a g e . Key Experts and Non-Key Experts in more than one Proposal is permissible: Yes 12.org.1 Proposals must remain valid for 90 days calendar days after the proposal submission deadline.000). 13.2 below) 10. Instructions to Consultants (4) (5) (6) (7) TECH-3 TECH-4 TECH-5 TECH-6 AND (1) (2) (3) (4) (5) 2nd Inner Envelope with the Financial Proposal (if applicable): FIN-1 FIN-2 FIN-3 FIN-4 Statement of Undertaking (if required under Data Sheet 10. including hotel. 16.Section 2.org. is: Seven Hundred Twenty Thousand United States Dollars (USD 720.2 The format of the Technical Proposal to be submitted is: FTP Submission of the Technical Proposal in a wrong format may lead to the Proposal being deemed non-responsive to the RFP
[email protected]. 2015: Time: 16:00 local time The Proposal submission address is: The Regional Coordinator NBI/NELSAP 5th Floor Kigali City Tower Kigali. Rwanda Tel: +250 788307334 Att: Procurement Specialist 19. 17.Section 2. Opening and Evaluation 17. however individual experts within a firm have to meet their tax obligations in concert with the tax regulations in their member countries. The Financial Proposal should state local costs in the Client’s country currency (local currency): N/A C. including overheads and back-stop support.7 and 17.1 An online option of the opening of the Technical Proposals is offered: No The opening shall take place at: same as the Proposal submission address Date: same as the submission deadline indicated in ITC 17. or local indirect taxes in the Client’s country as per “Memorandum of Understanding between the Government of Kenya and the Nile Basin Initiative (NBI)”.4 The Consultant must submit: (a) Technical Proposal: one (1) original and 2 copies. Instructions to Consultants (3) (4) (5) (6) (7) practicable route.3 The Client has obtained an exemption for the Consultant from payment of VAT. cost of reports production (including printing) and delivering to the Client.1 (for FTP) Criteria. sub-criteria. Submission.7.4 The Financial Proposal shall be stated in the following currencies: Consultant may express the price for their Services in any fully convertible currency. (b) Financial Proposal: one (1) original. Time: 16:00 local time 21.9 The Proposals must be submitted no later than: Date: April 03. other allowances where applicable and provisional or fixed sums (if any) 16. 17.1 The Consultants shall NOT have the option of submitting their Proposals electronically. cost of office accommodation.2 A price adjustment provision applies to remuneration rates: No 16. and point system for the evaluation of the Full Technical Proposals: Technical Proposals: 21 | P a g e . cost of purchase or rent or freight of any equipment required to be provided by the Consultants. singly or in combination of up to three foreign currencies. communications costs. 16. and the work plan has right input of Experts} (iii) Key Experts’ qualifications and competence for the Assignment: {Notes to Consultant: each position number corresponds to the same for the Key Experts in Form TECH-6 to be prepared by the Consultant} Position K-1 Position K-2 Position K-3 Position K-4 Position K-5 Position K-6 Position K-7 Position K-8 Position K-9 Position K-10 Position K-11 Position K-12 Position K-13 Dam Design/ Civil Engineer (Team Leader) Irrigation and Drainage/Reclamation Specialist Hydropower Engineer Agricultural Planner/ Agronomist Geotechnical Engineer Geologist Hydrologist Soil Specialist/ Pedologist Development Economist Economist and Financial Specialist Surveyor Socio-economist Environmental Management Specialist Total points for criterion (iii) 9 5 5 5 5 4 4 3 3 3 3 3 3 55 The number of points to be assigned to each of the above positions shall be determined considering the following three sub-criteria and relevant percentage weights: 1 2 3 General qualifications (general education. training. experience in the sector/similar assignments ) Relevant experience in the region (working level fluency in local language(s)/knowledge of local culture or administrative system. overall team composition is balanced and has an appropriate skills mix. and experience) Adequacy for the Assignment (relevant education. responds to the TORs. government organization. and work plan in responding to the Terms of Reference (TORs): 30 a) Technical approach and methodology 20 b) Work plan 5 c) Organization and staffing 5 {Notes to Consultant: the Client will assess whether the proposed methodology is clear.Section 2. Instructions to Consultants Points (i) Specific experience of the Consultant (as a firm) relevant to the Assignment: 10 (ii) Adequacy and quality of the proposed methodology. work plan is realistic and implementable. etc. training. Total weight: (iv) Participation by nationals among proposed Key Experts 20% 70% 10% 100% 5 22 | P a g e . 1 For the purpose of the evaluation. Kakamega.1 The single currency for the conversion of all prices expressed in various currencies into a single one is: Kenya Shilling The official source of the selling (exchange) rate is: the Central Bank of Kenya The date of the exchange rate is: Date of Proposal Opening 27. The formula for determining the financial scores (Sf) of all other Proposals is calculated as following: Sf = 100 x Fm/ F. Kenya. if found front-loaded or 23 | P a g e . and (b) all additional local indirect tax on the remuneration of services rendered by non-resident experts in the Client’s country. finalized (using the itemized list as a guidance but not limiting to it) and added to the Contract amount as a separate line. T + P = 1) as following: S = St x T% + Sf x P%. or similar taxes levied on the contract’s invoices. in which “Sf” is the financial score. Kefinco House 28. Instructions to Consultants Total points for the four criteria: The minimum technical score (St) required to pass is: 75% 100 23. all such taxes will be discussed. VAT. and P = 0. also indicating which taxes shall be paid by the Consultant and which taxes are withheld and paid by the Client on behalf of the Consultant. at Contract negotiations. excise tax. P = the weight given to the Financial Proposal. The weights given to the Technical (T) and Financial (P) Proposals are: T = 0. “Fm” is the lowest price. 26. the Client will exclude: (a) all local identifiable indirect taxes such as sales tax. D.Section 2. If a Contract is awarded.7 Prices breakdowns for different phases/activities.1 Expected date and address for contract negotiations: Date: May 2015 Address: Sio-Malaba-Malakisi River Basin Management Project. Negotiations and Award 28.8.1 An online option of the opening of the Financial Proposals is offered: No 25.1 (QCBS only) The lowest evaluated Financial Proposal (Fm) is given the maximum financial score (Sf) of 100. PMU Offices.2 Proposals are ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal. and “F” the price of the proposal under consideration. Section 2. 30. Instructions to Consultants unbalanced.1 The publication of the contract award information following the completion of the contract negotiations and contract signing will be done as following: UNDB Online The publication will be done within Fourteen (14) days after the contract signing. 24 | P a g e .2 Expected date for the commencement of the Services: Date: May 2015 at Kakamega – Kenya. shall be discussed and balanced without changing the total price of the financial proposal 30. Key Experts Inputs. and a power of attorney for the representative of the lead member to represent all JV members Consultant’s Organization and Experience. several are required: a power of attorney for the authorized representative of each JV member. 25 | P a g e . and Work Plan for Performing the Assignment Work Schedule and Planning for Deliverables Team Composition. On the Counterpart Staff and Facilities Description of the Approach.Section 3. Consultant’s Experience Comments or Suggestions on the Terms of Reference and on Counterpart Staff and Facilities to be provided by the Client. On the Terms of Reference B. If the Proposal is submitted by a joint venture. Consultant’s Organization B. attach a letter of intent or a copy of an existing agreement. Technical Proposal – Standard Forms CHECKLIST OF REQUIRED FORMS Required for FTP or STP (√) FTP STP √ √ “√ “ If applicable FORM TECH-1 TECH-1 Attachment “√” If applicable Power of Attorney √ TECH-2 √ √ √ TECH-2A TECH-2B TECH-3 √ √ √ √ TECH-3A TECH-3B TECH-4 √ √ √ √ TECH-5 TECH-6 DESCRIPTION Page Limit Technical Proposal Submission Form. In the case of a Joint Venture. No pre-set format/form. Methodology. A. and attached Curriculum Vitae (CV) All pages of the original Technical and Financial Proposal shall be initialled by the same authorized representative of the Consultant who signs the Proposal. A. Date} To: [Name and address of Client] Dear Sirs: We. Technical Proposal – Standard Forms FORM TECH-1 TECHNICAL PROPOSAL SUBMISSION FORM {Location. if a JV is already formed. offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposals dated [Insert Date] and our Proposal. (e) In competing for (and. and we confirm our understanding of our obligation to abide by the Bank’s policy in regard to corrupt and fraudulent practices as per ITC 5. insert the following: We are submitting our Proposal a joint venture with: {Insert a list with full name and the legal address of each member. (b) Our Proposal shall be valid and remain binding upon us for the period of time specified in the Data Sheet. “of the JV agreement”} signed by every participating member. Clause 12.1. (d) We meet the eligibility requirements as stated in ITC 6. which details the likely legal structure of and the confirmation of joint and severable liability of the members of the said joint venture. in force in the country of the Client.} We hereby declare that: (a) All the information and statements made in this Proposal are true and we accept that any misinterpretation or misrepresentation contained in this Proposal may lead to our disqualification by the Client and/or may be sanctioned by the Bank. {If the Consultant is a joint venture. We have attached a copy {insert: “of our letter of intent to form a joint venture” or. which includes this Technical Proposal only in a sealed envelope. (c) We have no conflict of interest in accordance with ITC 3. and indicate the lead member}. which includes this Technical Proposal and a Financial Proposal sealed in a separate envelope” or. including bribery.Section 3. the undersigned. insert the following: We are submitting our Proposal with the following firms as Sub-consultants: {Insert a list with full name and address of each Sub-consultant. {OR If the Consultant’s Proposal includes Sub-consultants. we undertake to observe the laws against fraud and corruption. [Select appropriate wording depending on the selection method stated in the RFP: “We are hereby submitting our Proposal.”]. 26 | P a g e . if only a Technical Proposal is invited “We hereby are submitting our Proposal. in executing) the Contract. if the award is made to us. We understand that the Client is not bound to accept any Proposal that the Client receives.1. Technical Proposal – Standard Forms (f) Except as stated in the Data Sheet. in which case the power of attorney to sign on behalf of all members shall be attached} 27 | P a g e . We remain. Yours sincerely. if our Proposal is accepted and the Contract is signed.Section 3. Authorized Signature {In full and initials}: Name and Title of Signatory: Name of Consultant (company’s name or JV’s name): In the capacity of: Address: Contact information (phone and e-mail): {For a joint venture. either all members shall sign or only the lead member.4 may lead to the termination of Contract negotiations. (g) Our Proposal is binding upon us and subject to any modifications resulting from the Contract negotiations. to initiate the Services related to the assignment no later than the date indicated in Clause 30. Clause 12. We undertake. we undertake to negotiate a Contract on the basis of the proposed Key Experts. We accept that the substitution of Key Experts for reasons other than those stated in ITC Clause 12 and ITC Clause 28.2 of the Data Sheet. . Duration Assignment name/& brief description of main deliverables/outputs {e. Technical Proposal – Standard Forms FORM TECH-2 (FOR FULL TECHNICAL PROPOSAL ONLY) CONSULTANT’S ORGANIZATION AND EXPERIENCE Form TECH-2: a brief description of the Consultant’s organization and an outline of the recent experience of the Consultant that is most relevant to the assignment.. or that of the Consultant’s partners or sub-consultants... the amount paid to the Consultant). US$1 mill/US$0.g. but can be claimed by the Experts themselves in their CVs.... Jan.. sole Consultant} 28 | P a g e ...”: designed master plan for rationalization of .... the outline should indicate the names of the Consultant’s Key Experts and Sub-consultants who participated...g.g. Lead partner in a JV A&B&C} {e.. and beneficial ownership B .. JanMay 2008} Name of Client & Country of Assignment {e..g. municipality of...Consultant’s Organization 1.g..2010} {e. Provide here a brief description of the background and organization of your company. the duration of the assignment. In the case of a joint venture...” : drafted secondary level regulations on.g. the contract amount (total and..... Ministry of ..2 mil/US$0....Consultant’s Experience 1......g.5 mill} Role on the Assignment {e.. Contract value (in US$ equivalent)/ Amount paid to your firm {e. The Consultant should be prepared to substantiate the claimed experience by presenting copies of relevant documents and references if so requested by the Client.....g.. “Support to subnational government.. Assignments completed by the Consultant’s individual experts working privately or through other consulting firms cannot be claimed as the relevant experience of the Consultant... List only those assignments for which the Consultant was legally contracted by the Client as a company or was one of the joint venture partners. US$0.. and the Consultant’s role/involvement.. country} Approx.2009– Apr. “Improvement quality of.. For each assignment.2 mil} {e..g.... A .Section 3. 2. country} {e.. Include organizational chart.g. and – in case of a joint venture – of each member for this assignment..} {e.... 2.. a list of Board of Directors.. List only previous similar assignments successfully completed in the last 10 years... } {e. information on similar assignments shall be provided for each partner... if it was done in a form of a joint venture or a sub-consultancy.. etc. local transportation. if any} 29 | P a g e . For example. office space. local transportation.On Counterpart Staff and Facilities {Comments on counterpart staff and facilities to be provided by the Client. which are provided by the Client. if any} B .On the Terms of Reference {Improvements to the Terms of Reference. including: administrative support. COUNTERPART STAFF. data. office space. A . data.. and on requirements for counterpart staff and facilities. background reports. AND FACILITIES TO BE PROVIDED BY THE CLIENT Form TECH-3: comments and suggestions on the Terms of Reference that could improve the quality/effectiveness of the assignment. etc.Section 3. equipment. Technical Proposal – Standard Forms FORM TECH-3 (FOR FULL TECHNICAL PROPOSAL) COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE. administrative support. equipment. Please do not repeat/copy the TORs in here. phasing and interrelations. Technical Proposal – Standard Forms FORM TECH-4 (FOR FULL TECHNICAL PROPOSAL ONLY) DESCRIPTION OF APPROACH. showing your understanding of the TOR and ability to translate them into a feasible working plan.} 30 | P a g e . METHODOLOGY. and the degree of detail of such output. their content and duration. AND WORK PLAN IN RESPONDING TO THE TERMS OF REFERENCE Form TECH-4: a description of the approach. including a detailed description of the proposed methodology and staffing for training. {Suggested structure of your Technical Proposal (in FTP format): a) Technical Approach and Methodology b) Work Plan c) Organization and Staffing} a) Technical Approach and Methodology.} b) Work Plan. the technical approach.} c) Organization and Staffing. {Please explain your understanding of the objectives of the assignment as outlined in the Terms of Reference (TORs). The proposed work plan should be consistent with the technical approach and methodology. methodology and work plan for performing the assignment.Section 3. The work plan should be consistent with the Work Schedule Form. if the Terms of Reference specify training as a specific component of the assignment. and tentative delivery dates of the reports. Non-Key Experts and relevant technical and administrative support staff. milestones (including interim approvals by the Client). {Please outline the plan for the implementation of the main activities/tasks of the assignment. including the list of the Key Experts. {Please describe the structure and composition of your team. A list of the final documents (including reports) to be delivered as final output(s) should be included here. and the methodology you would adopt for implementing the tasks to deliver the expected output(s). .... 31 | P a g e .. if necessary. indicate the activities.....Section 3 – Technical Proposal – Standard Forms FORM TECH-5 (FOR FTP AND STP) WORK SCHEDULE AND PLANNING FOR DELIVERABLES N° Months Deliverables 1 (D-... For phased assignments.... 6) delivery of final report to Client} D-2 {e...g.............. n TOTAL D-1 {e.. delivery of reports.. Duration of activities shall be indicated in a form of a bar chart.. List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the Client’s approvals.g...} n 1 2 3... Deliverable #2:. Deliverable #1: Report A 1) data collection 2) drafting 3) Inception report 4) incorporating comments 5) ............. to help read the chart..... Include a legend...) 1 2 3 4 5 6 7 8 9 ....... and benchmarks separately for each phase.. “Home” means work in the office in the expert’s country of residence.0] [2. “Field” work means work carried out in the Client’s country or any other country outside the expert’s country of residence. One (1) month equals twenty two (22) working (billable) days.0] [0] K-2 K-3 Subtotal NON-KEY EXPERTS N-1 [Home] [Field] N-2 n Subtotal Total 1 2 3 For Key Experts... ASSIGNMENT. One working (billable) day shall be not less than eight (8) working (billable) hours.5 m] D-2 [1. Full time input Part time input 32 | P a g e .. Total time-input (in Months) Home Field Total [1. the input should be indicated individually for the same positions as required under the Data Sheet ITC21.g. Months are counted from the start of the assignment/mobilization. Abbbb} K-1 [Team Leader] D-1 [Home] [Field] [2 month] [0... AND KEY EXPERTS’ INPUTS N° Name Expert’s input (in person/month) per each Deliverable (listed in TECH-5) Position KEY EXPERTS {e.5] D-3 .1. D-... Mr.Section 3 – Technical Proposal – Standard Forms FORM TECH-6 (FOR FTP AND STP) TEAM COMPOSITION.... Mr. degree(s)/diploma(s) obtained} ________________________________________________________________________ Employment record relevant to the assignment: {Starting with present position. giving names of educational institutions.} Period [e. name of employing organization.. TEAM LEADER} {Insert full name} {day/month/year} Education: {List college/university or other specialized education. Ministry of …….g.. advisor/consultant to… Country Summary of activities performed relevant to the Assignment For references: Tel…………/email…….g. K-1.. Name of Expert: Date of Birth: Country of Citizenship/Residence {e. deputy minister] Membership in Professional Associations and Publications: ______________________________________________________________________ Language Skills (indicate only languages in which you can work): ______________ ______________________________________________________________________ 33 | P a g e . May 2005present] Employing organization and your title/position. titles of positions held. Past employment that is not relevant to the assignment does not need to be included. Please provide dates. and contact information of previous clients and employing organization(s) who can be contacted for references. dates attended. Contact info for references [e.Section 3 – Technical Proposal – Standard Forms FORM TECH-6 (CONTINUED) CURRICULUM VITAE (CV) Position Title and No.g. types of activities performed and location of the assignment. list in reverse order. Hbbbbb. and/or sanctions by the Bank.. {day/month/year} Name of Expert Signature Date {day/month/year} Name of authorized Representative of the Consultant (the same who signs the Proposal) Signature Date 34 | P a g e .5 in which the Expert will be involved) Expert’s contact information: (e-mail …………………. phone……………) Certification: I. and my experience.Section 3 – Technical Proposal – Standard Forms Adequacy for the Assignment: Detailed Tasks Assigned on Consultant’s Team of Experts: Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the Assigned Tasks {List all deliverables/tasks as in TECH. certify that to the best of my knowledge and belief. the undersigned. I understand that any misstatement or misrepresentation described herein may lead to my disqualification or dismissal by the Client. my qualifications. this CV correctly describes myself. and I am available to undertake the assignment in case of an award. Section 4.Standard Forms {Notes to Consultant shown in brackets { } provide guidance to the Consultant to prepare the Financial Proposals. including Appendix A “Financial Negotiations . Financial Proposal .} Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal according to the instructions provided in Section 2.Breakdown of Remuneration Rates” in the case of QBS method FIN-4 Reimbursable expenses 35 | P a g e . they should not appear on the Financial Proposals to be submitted. FIN-1 Financial Proposal Submission Form FIN-2 Summary of Costs FIN-3 Breakdown of Remuneration. 1 of the Data Sheet. We remain. Commissions and gratuities paid or to be paid by us to an agent or any third party relating to preparation or submission of this Proposal and Contract execution.”} We understand you are not bound to accept any Proposal you receive. the undersigned.1 in the Data Sheet.e. Our attached Financial Proposal is for the amount of {Indicate the corresponding to the amount(s) currency (ies)} {Insert amount(s) in words and figures}. add the following statement: “No commissions or gratuities have been or are to be paid by us to agents or any third party relating to this Proposal and Contract execution. Date} To: [Name and address of Client] Dear Sirs: We. i. Authorized Signature {In full and initials}: Name and Title of Signatory: In the capacity of: Address: E-mail: _________________________ 36 | P a g e . Yours sincerely.Section 4 – Financial Proposal – Standard Forms FORM FIN-1 FINANCIAL PROPOSAL SUBMISSION FORM {Location. if needed. up to expiration of the validity period of the Proposal. offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal. The estimated amount of local indirect taxes is {Insert currency} {Insert amount in words and figures} which shall be confirmed or adjusted. are listed below: Name and Address of Agents Amount and Currency Purpose of Commission or Gratuity {If no payments are made or promised. {Please note that all amounts shall be the same as in Form FIN-2}. Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations. before the date indicated in Clause 12. paid if we are awarded the Contract. during negotiations. [Insert “including” or “excluding”] of all indirect local taxes in accordance with Clause 25. either all members shall sign or only the lead member/consultant. in which case the power of attorney to sign on behalf of all members shall be attached} 37 | P a g e .Section 4 – Financial Proposal – Standard Forms {For a joint venture. . VAT or sales tax} (ii) {e. if used} {Insert Foreign Currency # 3.g.g. 38 | P a g e . if used} {Insert Local Currency.Section 4 – Financial Proposal – Standard Forms FORM FIN-2 SUMMARY OF COSTS Cost {Consultant must state the proposed Costs in accordance with Clause 16..4).4 of the Data Sheet. delete columns which are not used} Item {Insert Foreign Currency # 1} {Insert Foreign Currency # 2.4 Data Sheet} Cost of the Financial Proposal Including: (1) Remuneration (2) Reimbursables Total Cost of the Financial Proposal: {Should match the amount in Form FIN-1} Indirect Local Tax Estimates – to be discussed and finalized at the negotiations if the Contract is awarded (i) {insert type of tax. income tax on non-resident experts} (iii) {insert type of tax} Total Estimate for Indirect Local Tax: Footnote: Payments will be made in the currency(ies) expressed above (Reference to ITC 16. e. if used and/or required (16. information to be provided in this Form shall only be used to demonstrate the basis for the calculation of the Contract’s ceiling amount.as in FIN-2} {Currency# 3as in FIN-2} {Local Currencyas in FIN-2} Key Expert K-1 [Home] [Field] K-2 Non-Key Experts N-1 N-2 [Home] [Field] Total Costs 39 | P a g e . Remuneration No. to establish payments to the Consultant for possible additional services requested by the Client. to calculate applicable taxes at contract negotiations. This Form shall not be used as a basis for payments under Lump-Sum contracts A.Section 4 – Financial Proposal – Standard Forms FORM FIN-3 BREAKDOWN OF REMUNERATION When used for Lump-Sum contract assignment. and.as in FIN-2} {Currency # 2. if needed. Name Position (as in TECH-6) Person-month Remuneration Rate Time Input in Person/Month (from TECH-6) {Currency # 1. and any premium or allowance that may be paid for assignments away from headquarters or a home office.w . An attached Sample Form can be used to provide a breakdown of rates. (iii) Social Charges are the costs of non-monetary benefits and may include. to substantiate its rates. etc. It shall not contain any premium for work away from headquarters or bonus (except where these are included by law or government regulations). which shall be treated as confidential. Where the Consultant’s accounting system is such that the percentages of social costs and overheads are based on total revenue. the profit element need not be adjusted downward. and life insurance costs) and the cost of a paid sick and/or annual leave.1. 1. staff training.2. the cost of Consultant’s personnel not currently employed on revenue-earning projects. Any discussions on bonuses shall be supported by audited documentation. v = vacation. overheads. 1. (iv) Cost of Leave. If the RFP requests submission of a technical proposal only. certified 40 | P a g e . those percentages shall be adjusted downward accordingly. If the RFP requests submission of the financial proposal. time of senior Consultant’s staff monitoring the project. any bonuses shall not normally be included in the “Salary” and should be shown separately. Typical items are home office costs (non-billable time. rent of headquarters’ office. support staff.s] Where w = weekends. (ii) Bonuses are normally paid out of profits.Section 4 – Financial Proposal – Standard Forms Appendix A.4. Please note that leave can be considered as a social cost only if the Client is not charged for the leave taken. Financial Negotiations . (v) Overheads are the Consultant’s business costs that are not directly related to the execution of the assignment and shall not be reimbursed as separate items under the Contract. inter alia. The Client is charged with the custody of government funds and is expected to exercise prudence in the expenditure of these funds. the Sample Form shall be completed and attached to the Financial Form-3. and s = sick leave.Breakdown of Remuneration Rates 1.ph .3. the Sample Form is used by the selected Consultant to prepare for the negotiations of the Contract. and accept that its proposed rates and other financial matters are subject to scrutiny. The remuneration rates are made up of salary or a base fee. The principles of calculating the cost of total days leave per annum as a percentage of basic salary is normally calculated as follows: Leave cost as percentage of salary = total days leave x 100 [365 . ph = public holidays. a paid leave during public holidays or an annual leave taken during an assignment if no Expert’s replacement has been provided is not considered social charges. including bonuses. At the negotiations the firm shall be prepared to disclose its audited financial statements for the last three years.). social costs. marketing. Review of Remuneration Rates 1. and business promotion costs.v . medical. Where national policy requires that 13 months’ pay be given for 12 months’ work. Agreed (at the negotiations) breakdown sheets shall form part of the negotiated Contract and included in its Appendix D or C. During negotiations. social security (including pension. Rate details are discussed below: (i) Salary is the gross regular cash salary or fee paid to the individual in the firm’s home office. In this regard. research. taxes on business activities. 1. audited financial statements. profit. To avoid double counting. Some Consultants pay allowances to Experts working away from headquarters or outside of the home office. (vi) Profit is normally based on the sum of the Salary. overhead expenses. If any bonuses paid on a regular basis are listed. shall be available for discussion. for Experts who are not permanent employees of the Consultant. by law. and Overheads. Such allowances are calculated as a percentage of salary (or a fee) and shall not draw overheads or profit. with the net allowance shown separately. 41 | P a g e . Profit shall not be allowed on travel or any other reimbursable expenses. Sometimes. In such case. The Client does not accept an add-on margin for social charges. such allowances may draw social costs. the amount of this social cost shall still be shown under social costs. (vii) Away from Home Office Allowance or Premium or Subsistence Allowances. together with detailed lists of items making up the overheads and the percentage by which each relates to basic salary. the Consultant shall be entitled only to administrative costs and a fee on the monthly payments charged for sub-contracted Experts. etc. UNDP standard rates for the particular country may be used as reference to determine subsistence allowances.Section 4 – Financial Proposal – Standard Forms as correct by an independent auditor and supporting the last three years’ overheads. Social costs. a corresponding reduction shall be made in the profit amount. In this case. (b) attached are true copies of the latest pay slips of the Experts listed.home office allowances indicated below are those that the Consultant has agreed to pay for this assignment to the Experts listed.from. and (e) said factors for overhead and social charges do not include any bonuses or other means of profitsharing. (d) the factors listed in the attached table for social charges and overhead are based on the firm’s average cost experiences for the latest three years as represented by the firm’s financial statements. [Name of Consultant] Signature of Authorized Representative Date Name: Title: 42 | P a g e . (c) the away.Section 4 – Financial Proposal – Standard Forms Sample Form Consultant: Assignment: Country: Date: Consultant’s Representations Regarding Costs and Charges We hereby confirm that: (a) the basic fees indicated in the attached table are taken from the firm’s payroll records and reflect the current rates of the Experts listed which have not been raised other than within the normal annual pay increase policy as applied to all the Consultant’s Experts. use additional table(s). Expressed as percentage of 1 Expressed as percentage of 4 43 | P a g e .Section 4 – Financial Proposal – Standard Forms Consultant’s Representations Regarding Costs and Charges (Model Form I) (Expressed in {insert name of currency*}) Personnel Name Position 1 2 Basic Remuneration Rate per Working Month/Day/Year Social 1 Charges 3 4 Overhead1 Subtotal 5 2 Profit 6 7 8 Away from Home Office Allowance Proposed Fixed Rate per Working Month/Day/Hour Proposed Fixed Rate per Working 1 Month/Day/Hour Home Office Client’s Country {* If more than one currency is used. 2. one for each currency} 1. . information to be provided in this Form shall only be used to demonstrate the basis for calculation of the Contract ceiling amount.Section 4 – Financial Proposal – Standard Forms FORM FIN-4 BREAKDOWN OF REIMBURSABLE EXPENSES When used for Lump-Sum contract assignment. International flights} {Ticket} {e. reproduction of reports} Unit Cost Quantity {Currency # 1as in FIN-2} {Currency # 2as in FIN-2} {Currency# 3as in FIN-2} {Local Currency. if needed... to establish payments to the Consultant for possible additional services requested by the Client.. Office rent} ..g. 44 | P a g e ........... In/out airport transportation} {e.. Client can set up a ceiling.g... Reimbursable Expenses N° Type of Reimbursable Expenses Unit {e......... Per diem allowances**} {Day} {e. Communication costs between Insert place and Insert place} { e...g..g...g... to calculate applicable taxes at contract negotiations and.g... This form shall not be used as a basis for payments under Lump-Sum contracts B....... {Training of the Client’s personnel – if required in TOR} Total Costs Legend: “Per diem allowance” is paid for each night the expert is required by the Contract to be away from his/her usual place of residence.as in FIN-2} {Trip} {e. Section 5.2 (a): None Under the ITC 6.3.2 (b): None 45 | P a g e . for the information of shortlisted Consultants.2. at the present time firms.3.3. goods and services from the following countries are excluded from this selection: Under the ITC 6. Eligible Countries In reference to ITC6. . “party” refers to a public official. directly or indirectly. and/or threatening. a party to obtain financial or other benefit or to avoid an obligation2. sub-consultants. 2 For the purpose of this sub-paragraph. directly or indirectly. receiving. Bank Policy – Corrupt and Fraudulent Practices (this Section 6 shall not be modified) Guidelines for Selection and Employment of Consultants under IBRD Loans and IDA Credits & Grants by World Bank Borrowers. In pursuance of this policy. (v) “obstructive practice” is (aa) deliberately destroying. non-competitive levels. harassing. or soliciting. “parties” refers to participants in the procurement or selection process (including public officials) attempting either themselves. and their agents (whether declared or not). sub-contractors. the terms “benefit” and “obligation” relate to the selection process or contract execution. suppliers. 3 For the purpose of this sub-paragraph. including to influence improperly the actions of another party3. including misrepresentation. or threatening to impair or harm.23 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans). to simulate competition or to establish prices at artificial. “party” refers to a participant in the selection process or contract execution. In this context “public official” includes World Bank staff and employees of other organizations taking or reviewing selection decisions. giving. or its sub-consultants. “another party” refers to a public official acting in relation to the selection process or contract execution. and any personnel thereof. 47 | P a g e . or are privy to each other’s bid prices or other conditions. and/or their employees. to influence the selection process or contract execution for undue advantage is improper. or attempts to mislead. (iv) “coercive practices” is impairing or harming. for the purposes of this provision. the Bank: (a) defines. (ii) “fraudulent practice” is any act or omission. sub-contractors.Section 6. observe the highest standard of ethics during the selection and execution of Bank-financed contracts [footnote: In this context. falsifying. any party or the property of the party to influence improperly the actions of a party4. of anything of value to influence improperly the actions of another party1. 4 For the purpose of this sub-paragraph. services providers. or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt. altering. or through another person or entity not participating in the procurement or selection process. or intimidating any party to prevent it from 1 For the purpose of this sub-paragraph. coercive. and the “act or omission” is intended to influence the selection process or contract execution. fraudulent. the terms set forth below as follows: (i) “corrupt practice” is the offering.]. or suppliers. that knowingly or recklessly misleads. consultants. or collusive practice. service providers. or its agents. any action taken by a consultant or any of its personnel. dated January 2011: “Fraud and Corruption 1. (iii) “collusive practices” is an arrangement between two or more parties designed to achieve an improper purpose. including by publicly declaring such firm or an ineligible. fraudulent. sub-contractors. or obstructive practices during the selection process or the implementation of the contract in question. and (ii) to be a nominated6 subconsultant. either indefinitely or for a stated period of time: (i) to be awarded a Bank-financed contract. coercive. supplier. (d) will sanction a firm or an individual at any time. suppliers. or service provider of an otherwise eligible firm being awarded a Bankfinanced contract. or service provider is one which has been either (i) included by the consultant in its proposal because it brings specific and critical experience and know-how that are accounted for in the technical evaluation of the consultant’s proposal for the particular services. 5 A firm or an individual may be declared ineligible to be awarded a Bank-financed contract upon (i) completion of the Bank’s sanctions proceedings as per its sanctions procedures. See footnote 12 and paragraph 8 of Appendix 1 of these Guidelines. or obstructive practices in competing for the contract in question. services providers. supplier. including inter alia: cross-debarment as agreed with other International Financial Institutions. and (ii) as a result of temporary suspension or early temporary suspension in connection with an ongoing sanctions proceedings. coercive. collusive. or its sub-consultants. and through the application of the World Bank Group corporate administrative procurement sanctions procedures for fraud and corruption. fraudulent. in accordance with prevailing Bank’s sanctions procedures5. or its agents. and/or their employees. (b) will reject a proposal for award if it determines that the consultant recommended for award or any of its personnel. or (ii) appointed by the Borrower.Section 6. without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur. 6 A nominated sub-consultant. Bank Policy – Corrupt and Fraudulent Practices disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation. collusive. (c) will declare misprocurement and cancel the portion of the Loan allocated to a contract if it determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the Loan were engaged in corrupt. including by failing to inform the Bank in a timely manner they knew of the practices. 48 | P a g e . has. directly or indirectly. including Multilateral Development Banks. engaged in corrupt. or (bb) acts intended to materially impede the exercise of the Bank’s inspection and audit rights. etc. The project will focus on developing viable multipurpose infrastructural and non-structural interventions for irrigation and livestock development. within the NEL region. flood control. The proposed project will assess the potential and viability for multipurpose water resources development in irrigated agriculture. it established development scenarios and optimal thresholds for viable development of various WRD options. and will foster strategic regional 7 The Sio-Malaba-Malakisi country policies include Kenya’s water policy and Uganda’s 1999 water policy. The proposed project area was identified and prioritized by the Government of Kenya as a key development area. national and regional plans. and catchment improvement/enhancement in the project area. The Sio-Malaba-Malakisi River Basin Management Project is one of the three transboundary river basin management projects implemented under the framework of NELSAP. Preliminary identification studies and analytical work were completed at the proposed dam site and it was prioritized for advancement by the Government of Kenya. is demand driven and will contribute towards improvement in water. which identified and prioritized growth potentials and constraints in developing and managing the region’s water resources. Background The Nile Basin Initiative (NBI)/ Nile Equatorial Lakes Subsidiary Action Program (NELSAP) has received grant financing through the Cooperation on International Waters for Africa (CIWA) Multi-Donor Trust Fund towards preparation of investment projects. Terms of Reference CONSULTING SERVICES FOR UNDERTAKING FEASIBILITY STUDY. Key supporting policy and strategic frameworks are attached as Appendix 1. The objective of the Project is to establish a sustainable framework for the joint management of the water resources of the Sio-Malaba-Malakisi river basin and prepare for sustainable development oriented investments. the 2012-2016 NELSAP Strategic Plan (January 2012) and the NEL MSIOA. energy security through increased renewable hydropower generation. drought mitigation.Section 7. the others being the Mara and Kagera River Basin Management Projects. and contribute to climate resilient growth. NEL MSIOA – is a Multi-sectoral Investment Opportunity Analysis that was undertaken for the Nile Equatorial Lakes Region. review of sectoral. hydropower generation. aquaculture. DETAILED DESIGNS AND TENDER DOCUMENTATION FOR THE SIO-SANGO IRRIGATION AND WATERSHED MANAGEMENT PROJECT IN THE SIO-MALABA-MALAKISI RIVER BASIN 1. aquaculture. flood control/protection. and intends to apply part of the grant proceeds to undertake feasibility studies. hydropower generation. The project is aligned to the national development priorities.. food security through increased agricultural production. water supply. The Sio-Malaba-Malakisi basin is shared between Kenya and Uganda. watershed management. reduction of environmental degradation and adaptation to climate change. poverty reduction as well as promotion of socio-economic development. etc. Its final outputs included a regional water investment strategy to guide the future regional WRD developments. it will directly improve livelihoods of the communities. livestock development. The project will also contribute towards achievement of development targets of the NEL MSIOA 8 in areas of irrigation. Once implemented. water supply. Through a regional water resources assessment. National Irrigation and Storage Master Plan. hydropower. detailed designs and tender documentation for Sio-Sango Irrigation Development and Watershed Management Project in the Sio-Malaba-Malakisi Basin in Kenya. The project will contribute towards Kenya’s Vision 2030. The proposed project will contribute to improved water availability through created storage. 8 49 | P a g e . This is in line with the wider NBI shared vision and the NELSAP objective of contributing towards reversal of environmental degradation. and other assessments. in order to improve the living conditions of the people and to protect the environment. reduce poverty and boost local and regional economic development. The proposed project falls within the NELSAP Policy Guidelines and country priorities7. including irrigation and hydropower. coupled with restoration of the associated sub-catchments. food and energy security and restoration of related subcatchments. Bank Policy – Corrupt and Fraudulent Practices economic growth. General Scope and methodology of the study The feasibility studies will comprise analyses related to: water resources. assess the practicability of the development. Upon approval of the feasibility studies. and will further reinforce the transboundary dimension in basin-wide water resources planning and management. The first step in conducting the assignment shall be to carry out feasibility studies and thereafter prepare detailed designs and tender documents (once the project is confirmed as feasible). Table 1: Attributes of the potential project Scheme Sio-Sango (Kenya) Project attributes and potential benefits Proposed dam location: E 0668153. The NCORE project. In planning and scheduling of the tasks.2 MCM Dam height 18 m 1.000 people by 2035 Remarks The proposed Sio-Sango dam site is located on River Sio. drainage and flood study. headwork and hydraulic structure studies. topographic plans. and determine financial feasibility. The attributes of the prioritized project site is shown in the table below. among others. the production of food crops in the area is low. Bungoma County in Western Kenya. irrigation & drainage infrastructure. The final output will include feasibility study reports. At present. Farmers in the area practice limited small scale irrigation and thus the need to invest in the development of multi-purpose reservoirs to support large scale and sustainable irrigated agriculture in the basin. Kabula Sub-location in Kabula Location of Bumula District. social analysis.Section 6. This is because of poor crop husbandry and agricultural production based on rain-fed conditions which is susceptible to changes in rainfall patterns.790 ha of irrigation Potable water supply to 20. The consultant will be required to provide any appropriate information collected in the course of carrying out this assignment to the independent Environmental and Social Impact Assessment consultancy as will be requested by the client. The project has a potential dam height of 18 m.a. and farmer organization and management. Thus the consultant is required to adhere to international best practice. The map showing the site location is attached as Appendix 2. N 0056783 Catchment area of 43. in Sio Sango village. The river flows Northeast-Southwest. detail designs & tender documents will be prepared. economic justification and cost recovery. 2. dam design. 3. the consultant should note that not all tasks will be conducted in linear fashion and that several of the tasks need to be conducted in parallel and phased to enable information and results to be shared and utilized in an integrated way to meet the objectives of the assignment. environmental analyses.l. The site has a ground elevation of 1328 m. geologic and geotechnical investigations. agricultural command area development. watershed management. including NBI policies/guidelines. detailed (final) designs and tender documentation which will form the basis for investment finance mobilization and downstream project implementation. Objectives of the Assignment The objective of the assignment is to prepare for implementation the Sio-Sango project through feasibility studies. The consultant shall define the benefits and costs. and lies 80 m downstream of two tributaries. therefore the dam axis will be aligned to the Northwest-Southeast direction. 50 | P a g e . The proposed project will thereafter be implemented and managed through national and regional planning mechanisms. World Bank safeguards as outlined in the NCORE ESMF.8 km2 Potential reservoir capacity of 6. detailed designs and tender documentation.s. of which this contract is a part. The consultant shall define in due consultation with farmers as relevant the scope of the various project options. economic and financial analysis. adheres to international best practice. and provide the basis for decision making on the choice of the most desirable design option. soils and materials. review pre-feasibility studies as well as data from identification studies. secure water for irrigation. Based on the demand for water services recognized in previous studies (e. The consultant should review the design report for hydrometeorological station network in the Sio Malaba Malakisi basin (2007) and propose a robust hydrometeorological data collection network for both the pre. topography and maps. potential problems and highlight principal factors requiring investigation). The consultant should screen and synthesize the data and establish a project databank related to policies. for other hydraulic infrastructure projects planned under the Sio-MalabaMalakisi project. hydropower production. 51 | P a g e . sector and country/regional strategies.Section 6. data and information. ownership. land etc. to collect data and to identify the issues to be resolved. operation and maintenance of the proposed infrastructure. etc. hydrology and meteorology. gender. multipurpose aspects. production and household incomes at the baseline and project completion. Possible phased solutions should be considered as an alternative to mitigate barriers in upfront capital-investments. such as health. Based on broad cost estimates for the investment and O&M. (iii) understanding of the constraints that inhibit livelihoods and livelihood development which can be potentially addressed by targeted water resource development and watershed management interventions. The Consultant will also carry out field reconnaissance missions to the upstream sub-catchments. possible environmental (positive and negative) and socio-economic conditions. as well as national and regional policies related to water resources and agricultural development within the Sio-Malaba-Malakisi basin (refer to appendix 1). Based on a combination of demands as well as institutional and financial alternatives and constraints.g.. (ii) understanding of the process of socio-economic differentiation. the project areas as well as downstream areas likely to be affected. review reports from previous regional studies (like the irrigation potential assessment of the NEL region). operation and maintenance of the dam and the associated irrigation and water supply infrastructure. or a combination of them. socio-economic profile of the communities and the social structure and institutions. Task 1-2: Socio-economic assessment The purpose of this assessment is to provide an understanding of the socio-economic profile of potentially affected communities. the Consultant should identify the main institutions or stakeholders that have interest and can take responsibility for the ownership.and post-construction phases of the project scheme. Fiscal barriers and risks for main institutions and stakeholders should be identified. geology and geotechnical (to reveal likely ground conditions. institutions. Bank Policy – Corrupt and Fraudulent Practices Task 1: Formulation of Project Plans and Layout Scenarios Task 1-1: Data and information collection The consultant should collect relevant studies. to enable project design to meet their development needs and mitigate negative impacts. the Consultant should broadly assess the possible financial and institutional solutions for the funding. the Consultant shall assess and identify possible scenarios of financing solutions. existing infrastructure.). and (iv) collection of statistically reliable descriptive data on those parameters which the project intends to influence. Task 1-3: Financial and institutional solutions Considering the multi-purpose character of the proposed project. to enhance the better understanding and monitoring of the water flux in the catchment. agriculture. The potential solutions for sustainable irrigation and water supply supported by the project should take its basis from the conducted socio-economic assessment. This assessment should serve both diagnostic monitoring and impact evaluation purposes that should result into: (i) understanding of the area’s social and economic history. impoverishment and wealth such as livestock. domestic water supply. different scenarios for the prioritization of the multiple uses of the dams should be suggested. ranging from concessional financing to private investment. institutional and other constraints that can be potentially addressed in the proposed project. Task 2: Stakeholder Analysis The Consultant should: (i) undertake a stakeholder analysis of the project area. land use and possible impacts on land-based livelihoods. the Consultant should then formulate and present alternative project plans and corresponding roadmaps for preparation. operation and maintenance. Task 3-2: Hydrological Analysis The Consultant shall: (i) undertake hydrological analyses such as rainfall-runoff modeling (using all the available data from the existing gauging stations) to estimate reservoir yield. (v) identify categories of vulnerable groups specific to impacts from the project and activities that will adversely affect them. livestock. flood control. Based on the socio-economic assessment and the identification of financial and institutional solutions. environmental flows. (iii) carry out a broad analysis of gender issues. 52 | P a g e . (ix) use the above information to identify the project communication needs. The Consultant shall: (i) determine the current and potential future water uses and demands for the identified water uses at the project area. construction. Bank Policy – Corrupt and Fraudulent Practices Task 1-4: Formulation of project scenarios The Consultant should. (iii) assess both the surface. land cadastre. etc.e. as well as potential land acquisition and likely scale of resettlement. (vi) review land policy. Task 3: Water resources assessment and Sediment studies Task 3-1: Assessment of water resources availability The task objective is to assess the water resources availability to satisfy the estimated uses and demands. The alternatives shall be presented to the Client and a priority of the alternatives should be decided. Recommendations should be formulated to the Client to reach the financial and institutional solutions.and groundwater potential and availability and examine potential for conjunctive use of available surface and ground water resources in an environmentally sustainable manner. which can be conducted in parallel with the Feasibility Study and Detailed Design. and (vii) recognize specific socio-economic. the Consultant should also assess: (a) the future ground water regime and behavior after the development of irrigation in the project area. (ii) carry out broad socioeconomic surveys using appropriate methodologies. will be guided by the detailed technical and financial assessment of the Feasibility Study. water supply. based on previous studies. (iv) estimate optimal demands and their command areas to be served for the various water uses with the available water resources. available infrastructure and environmental conditions. e. inflow design flood (refer to international guidelines for Selecting and Accommodating Inflow Design Floods for Dams. aquaculture/fish farming. for irrigation demand for each time segment with statistically significant degree of confidence as well as the water requirements for auxiliary sectoral requirements which include small hydropower generation. (c) drainage control. levels of service and priority of use and cumulative effects. The information obtained from the surveys will be used as a basis for conducting a project socio-economic impact assessment. The outcomes of this task should be adequate enough to be used in “with project” and “without project” scenario evaluations at feasibility level economic and financial analysis. together with their seasonality. without adversely affecting more downstream users. FEMA P-94. With respect to groundwater. i. groundwater table. Based on the analysis the Consultant will estimate availability of water to meet the irrigation water demand for each time segment at different levels of probability using appropriate and standard hydrological analytical techniques. (viii) identify possible barriers to project execution and completion. commissioning. (ii) assess and quantify any upstream water uses (abstractions/diversions) and their impacts to the proposed project. and ground water quality control measures that need to be incorporated into the detailed design of the project later. (iv) profile the potential beneficiaries to be benefitted from the proposed irrigation development and watershed management activities. (iv) undertake water quality assessment of the surface water. (b) impacts on the ground water table due to seepage and percolation and drainage from the irrigation canals.Section 6. broadly confirm the proposed project sites considering the local conditions such as topography.g. geology. construction materials. based on upstream development plans. range of expected heads and discharge series. Task 3-3: Sediment Analysis In view of the existing concerns of land degradation. effect of sediment on live storage and the loss of energy generation over time) and optimize energy output. forecasting of dead storage volume and the future rate of reduction of the live storage and reservoir trap efficiency. the consultant will make monthly discharge and sediment sampling at an appropriate location upstream the reservoir area for purposes of monitoring sediments loads and flows at the site. irrigation return flows and ecological damage) during the low flow periods. rainfall records. The consultant will also install a temporary water level gauge and take records of the daily water levels for the time of the study at the selected site. etc. where sufficient hydro-meteorological data are not available. (iv) assess the spatial and seasonal fluctuations of climatic variables on the hydrological characteristics for the project (refer to the NELSAP climate guidelines and tools). etc. (iii) adopt appropriate hydrological techniques (such as modeling. erosion and sedimentation within the project areas. irrigation releases) and reducing the ability of the dam to pass floods safely (e. downstream channel capacity constraints. livelihoods.). This will include determination of the sediment yield (estimates of sediment load should include projections of changes in upstream sediment release. by blocking emergency outlet gates). A good channel section should be selected for this purpose and the consultant will consult the client on the selection of the appropriate monitoring site. (v) assess the effects of the proposed storage on existing uses. spillway and outlet works. and to calculate the benefits in the economic analysis for each project scenario.g. which will require limited sediment sampling to the extent possible. Task 3-4: Water Quality and Quantity Assessment The Consultant will provide a detailed assessment and evaluation of the direct and indirect effects of water quality/quantity change on downstream ecosystems dependent on periodic natural flooding (water logging). (ii) prepare discharge series that represent the flow available for irrigation. accretion due to changes in the sediment transport regime. etc. social considerations (loss of water access. etc.g. canals. During the period of this study. the Consultant should determine: the optimum reservoir 53 | P a g e . abrasion of outlet structures (e. leakage and losses) and definite the duration curve (flowduration curves. (iii) determine flow unavailable for generation (water requirements as a result of competing demands. and (vi) undertake flood routing through the downstream channel and floodplain to enable evaluation of effects in the event of excessive spills or dam break (hydrological dam safety considerations) and any potential riparian issues resulting from the project.) to derive the required design flows and other hydrological information/statistics from the nearest available gauging stations. including definition of project operating criteria (operating constraints. cumulative effects and any potential riparian issues (in the river catchment and downstream of the proposed irrigation schemes) due to the proposed developments (for notification of planned measures). this analysis should also aid the subsequent design against increased loads on the dam. from the existing hydrological stations). spillways) and mechanical equipment and blockage of outlets which could cause interruption of benefits (e. storage-elevation curve. The consultant will (i) define project characteristics (tail water curve. head-duration curves). the Consultant will assess the sediment regime and total sediment transport of the river system in the project area. Sediment load estimates should include projections of changes in upstream sediment release. Specifically.g.). A reservoir simulation model should be developed to assess different combinations of multipurpose uses and project scenarios so as to derive an optimum water allocation solution. etc. based on upstream development plans. power production and other auxiliary uses. additional sediment data should be collected during the course of the consultancy.Section 6. to facilitate the design and sizing of different hydraulic structures such as the reservoir. water quality (soil salinization. (ii) determine the flow duration curves to facilitate the design of the hydropower components such as turbines. downstream flow requirements. Other than design against the storage depletion (reducing yield and flood attenuation capability). penstock.. Task 3-5: Reservoir Studies and Operating rules The Consultant will develop reservoir operating rules based on the assessment of multi-purpose benefits of the storage. Bank Policy – Corrupt and Fraudulent Practices August 2013). 000. buildings. (ii) use these maps to evaluate the topographic features which would influence design of layout of the irrigation scheme and locations of major hydraulic structures of the supply source(s). calculated courses. Task 4-3: Transmission Line alignment and Survey The consultant will map and align the route of the transmission line from the project site to the substation. The Consultant should consider the prioritized multipurpose uses of the reservoir and environmental flows.). as a means towards confirmation of dam type and appurtenant structures selection. for use in planning of the command area development. dam. energy dissipation area. and drainage systems.Section 6. locations of proposed infrastructure for irrigation. Prospective borrow areas for dam and construction materials and aggregates shall be mapped at a scale 1:2.000 with 0. water supply. and downstream inundation in the selection of the spillway. Based on this survey.25 m (at locations of ancillary structures expected to cover about 0. and swamps etc. as part of area related local development. detailed Digital Terrain Model and high resolution 9 Cross sections of the river bed will be taken at regular intervals downstream of the dam. reservoir extent. and drainage system layout.g. river channel profiles9. Information on the plan and profile should include alignment. watershed intervention areas. etc. power lines. spillway area. The study should also explore the impact of climate change on the proposed projects and its intended outcomes. including layout of main irrigation canals and drainage systems.5 km2). Task 4-2: Survey of Dam site location and infrastructure for auxilliary use The Consultant will carry out surveys to capture specific site features such as the proposed dam axis. etc. and the life of the reservoir based on the assessment of multi-purpose benefits of the storage. plan-profile drawings will be produced and used to spot structures. surface area-volume-depth relationship. etc. The consultant will study the existing location of the High Voltage Transmission line in the reservoir area for Sio-Sango site and propose alternatives actions. (ii) the configuration of the dam site and reservoir area. and (v) influence on type. livestock. streams. from high intensity satellite imagery and ground control. location(s) of potential irrigation supply sources (e. The operating rules would maximize the returns on investment in storage. (iv) accessibility to construction material sources.5m contour intervals (dam site) and scales of 1:500 to 1:200 as applicable with contour intervals of 0.000 scale topographic maps of the projects with 5m contour intervals. efficient and economic uses of the reservoir. Bank Policy – Corrupt and Fraudulent Practices size and operational rules. The consultant will also undertake surveys for possible off takes to rural growth centers for rural electrification. to provide adequate data for routing of floods due to extreme spillway release 54 | P a g e . hydropower. river. weir. Task 4-4: Survey Output The final output will be detailed project site maps of a scale equal or better than 1:1. The survey will also capture site features such as existing infrastructure within the proposed project area (roads. and (iii) demarcate possible physical locations and boundaries of the primary parameters of the irrigation system layout. Task 4-1: Survey of Irrigation Command Area The Consultant should prepare: (i) 1:10. Task 4: Preparation of Topographical Surveys This task aims to establish (i) the irrigation areas. etc. irrigation water conveyance and distribution systems. The consultant shall survey cross-sections of the river and its floodplain within the project area at intervals and locations deemed relevant for incorporation in the hydraulic model of the river (to be specified in the technical proposals) for purpose of routing floods in the event of extreme spillway releases. (iii) accessibility to dam site. bridges. Topographic survey on the reservoir area extent shall be done to an appropriate scale with contour intervals of 1m up to an elevation of maximum water level +6m.). stationing. layout. roads. soil surveys and land characteristics of the proposed project areas. which will form a basis for needed extension support to the project. GIS based databases) on Assessment of the Irrigation Potential in Burundi. For the latter. (iv) the market potential of the possible crops within and around the project area.000. The maps will be shared with the independent ESIA & RAP development study. The area which can potentially be irrigated depends on the availability of “soil and water”. analyze water-use patterns (rain-fed crops.Section 6. examine existing field-crop production and soil management practices. All the required benchmarks and stations shall be established using stable features and be properly connected with the national grid stations and benchmarks of the proposed dam site and near the intake structures of the irrigation system. irrigated crops. It will build on the study (incl. storage. (iii) constraints on farm productivity. technology. combined with the irrigation water requirements. Kenya. (iii) collect and analyze soil samples required for the determination of standard physical and chemical properties of the soils required for evaluation of irrigation water requirements and soil suitability for the proposed crops as well as establish proper drainage modules for the project to affect the design of the drainage system for the command area. topography. estimate expected yields and crop water requirements for alternative cropping programs. crops and cropping patterns that are feasible. Task 5: Irrigation Command Area Design The objective of this task will be to prepare feasibility level designs for development of the irrigation command area. Rwanda. establish and delineate major cropping pattern zones (considering types of irrigated crops grown. and (vi) availability of and accessibility to input supplies. The dam cross-section of both vertical and horizontal shall be prepared at a scale of 1:100 indicating the pertinent features to the headworks. markets (building on NELSAP study on Analysis 55 | P a g e . crop calendar and cropping intensity). propose schedules of crops for consideration. Detailed activities under this task are given below: Task 5-1: Irrigation Potential Assessment The objective of this task is to evaluate and physically delineate the areas that can be potentially developed for irrigated agriculture. Task 5-1-2 Evaluation of Crops. Tanzania and Uganda. (ii) the ownership structure of farms including consulting the potential irrigation farmers. It will also build on ongoing national investments in irrigation development in Kenya. and land-use patterns. Eastern DR Congo. This task will thus include: (i) evaluation of potential crops and cropping patterns. and examine the existing Agricultural Support Services. (iii) evaluation of irrigation water requirements. drainage. Southern Sudan. surface and groundwater extraction). (ii) critically evaluate and analyze findings of the topographic. (ii) assessment of land suitability for irrigation. The method and results of topographic field surveys and mapping shall be duly reported. The assessment will cover: (i) existing crops and cropping patterns that can be adopted in the proposed irrigation scheme. and (iv) assessment of water resources availability and options for developing water resources in the locality to meet the irrigation demand. Cropping Patterns and Markets The consultants should collect baseline information on the type of soils. (v) the potential for increased competitiveness of its products including an analysis of the comparative advantage of the project area. the Consultant should take appropriate measures to verify and ensure the quality and reliability of laboratory test results. (ii) based on these surveys prepare soil maps on a scale up to 1:10. Details of each of the sub-tasks are as follows: Task 5-1-1: Soil Survey Investigations and Land Suitability Studies The Consultant should: (i) undertake a semi-detailed soil survey for the demarcated irrigable command area. Bank Policy – Corrupt and Fraudulent Practices orthophotos of the project areas. and the local climatic factors. using appropriate sampling and observations in conformity with guidelines for soil surveys of Food and Agriculture Organization (FAO). The Consultant should then: (i) develop a suitable land classification system for assessment on suitability for irrigation and drainage within the proposed irrigation development areas. and (iii) identify and delineate irrigation blocks and areas in terms of suitability for irrigated agriculture development. finance. The number of benchmarks will be proposed in the technical proposals. and generate incremental benefit estimations for use in the feasibility level economic and financial analyses. The consultant will also analyze the gender division of labour in irrigated agricultural production for each socio-economic group. design criteria should be approved by the Client. The consultant should examine the reliability of water supply. input and production costs. and make corrections as necessary before use (In this context. Task 5-4: Irrigation System Engineering Design The consultant will prepare designs for major structural and hydraulic elements of the proposed irrigation and drainage system. drainage canals system. Monthly and annual diversion and farm requirements of water should be estimated. The consultant will prepare a schedule of quantities in line with Civil Engineering Standard Methods of Measurement (CESMM 4). storage or diversion requirement and reservoir operations required for irrigation with due consideration of floods and . (ii) determination of access road requirement both to and within the area. using all available agro-meteorological data for the project area. Task 5-3: Command Area Development Prior to commencement of any design. and identify the needs of both women and men related to proposed agricultural activities. identify suitable and appropriate cropping patterns for each mode type. The Consultant shall prepare the layouts and drawings of the different project components using AUTOCAD software. the water conveyance system.Section 6. The scope for command area development will include the following: (i) analysis of flood protection and drainage works required to ensure sustained economic operation of the command areas. (ii) verify the reliability and accuracy of data. Bank Policy – Corrupt and Fraudulent Practices of Cross-border Trade in Agricultural Products along Selected Corridors of the Nile Basin Region. Based on the analysis. The consultant should take into consideration intensive labour engagement and use of local construction capability and materials during the design as necessary. The consultant should locate suitable irrigation water diversion sites and systems in the command area. quality analysis of collected data and filling in of all missing data using appropriate standard approaches and techniques is necessary). cropping patterns and crop rotations and irrigation technologies to be adopted. (iii) carry out “Agro-climatological assessment” where the Consultant should : review available climatic data and make estimates of farm and project level irrigation requirements for viable crops. and gross and net returns. on-farm water distribution system. for use in cost estimates and the economic and financial analysis. the Consultant should formulate the cropping and irrigated agriculture development plans for the proposed schemes including the potential distribution of land areas between the small scale individual farms and large scale commercial farms. considering the various future and existing water uses and identify appropriate water conveyance system to supply/distribute water to all sites of the land to be developed and recommend appropriate irrigation methods best suited for the command area. flood prevention and control considering both structural and hydraulic safety. Task 5-1-3: Determination of Irrigation Water Requirements The aim of this task is to evaluate irrigation water demand for the basic design parameters generated by task 5-1-2 above. and (iv) deduce irrigation water requirements at appropriate intervals to be proposed by the consultant for deciding the cropping pattern in order to compare with water availability. 56 | P a g e . (iii) preparation of general layout plans showing the location and principal features of main works required for the most suitable irrigation supply and drainage system. on the basis of crop water requirements. The Consultant should: (i) collect all the existing available agro-meteorological data for the project area required for estimation of crop water requirements and irrigation water requirements of the scheme. December 2012) and transport and distribution networks. siltation in the command area. including. estimate farm level crop production volumes. The Consultant shall: identify and geo-reference crucial soil and rock features. abutments. headrace tunnel. penstocks. This will be a detailed report on the project geology/geotechnical aspects. (iii) assessment of uncertainties arising from interpretation of geophysical results and their possible impacts on costs and site viability. with engineering properties for further use in the hydraulic and structural design of the dam. settlements. bedding which have a strong influence on the need for foundation treatment and costs). and long term operation. energy dissipation area. dam structure. carrying out geophysical tests as needed. Based on the water demand. at selected intervals to obtain data on stratification and groundwater). guidelines and manuals. drawn to sufficient detail commensurate with the feasibility level to permit identification and assessment of potential leakage paths. cracking of dam body. The extent. All investigations need to be specified according to international standards and criteria for hydroelectric dams such as those of FERC. retaining walls. and tectonic-structural patterns. (v) seismicity and earthquake intensity of the project area. liquefaction of foundations. N 0056783). The consultant will advise on the most optimal location of the dam axis ±5km of the identified Sio-Sango dam (E 0668153. and (vi) the sources of construction material. seepage 57 | P a g e . Falling head tests should be performed in the central part of the dam and packer tests in the abutment slopes. (v) preparation of geological map of the reservoir floor and rim. overburden. (iv) preparation of geological profiles for the dam foundation. surge chamber. and access to the site. to be undertaken following accepted norms). (ii) Foundation investigation of dam axis including the spillway (incl. Task 6-2: Preliminary Engineering Design for the dams. and carry out tests to assess their engineering properties. The final output of this task will be a Geotechnical Baseline Report (GBR). and type of exploration will depend on the complexity of the geology and size and type of dam as conceptualized by the consultant Field Investigations will include but not limited to: (i) exploratory boreholes and trial pits (main tool for investigation) for soil sampling and testing for engineering properties relevant for project design (permeability tests in boreholes. The Consultant shall: (i) carry out structural and hydraulic designs of the various dam components including foundations and abutments. surficial deposits. showing all the geological structures in place and inducing the potential permeability and stability. USBR and ICOLD investigation criteria. depth. The report will also identify the additional information required to reach a satisfactory presentation of the geotechnical assumptions at the base of the design during detailed design. loss of filter zones). if the bedrock is found. intake area. sliding of abutments. the consultant will design the Sio-Sango dam. spillways. fractures. Additional boreholes may be required to develop geologic correlations and to determine the type of dams suitable for the site.Section 6. establish the engineering properties of rocks and soils. and resource availability. The GBR will be updated as additional information is made available from the investigation campaigns and dedicated studies carried out during detailed design. (iii) the characteristics of the foundation soils and rocks. substation. reservoir rim area and potential project command areas. Details will include the following: Task 6-1: Geological and Geotechnical Investigations Geological investigations will be conducted to determine: (i) the general geologic and tectonic setting of the site area by analysis of the lithology. power house site (caverns). Bank Policy – Corrupt and Fraudulent Practices Task 6: Dam Design The detailed identification studies recommended the need for storage in order to support the irrigation command area and various auxiliary uses. with improvements as recommended by the consultant. and tectonic history (ii) the geologic conditions related to selection of the dam site (rock type. (iv) other geologic conditions (such as faults) that may influence design. (vii) analysis of the tectonic/ seismic intensity of the area and recommend safety design measures (against sliding of dam slopes. The consultant could consider topping up selected boreholes with open type piezometers for monitoring pore water pressure and permeability. river diversion works during construction. (vi) geo-reference possible sources of construction materials. stratigraphy. energy dissipating works. sources of construction materials. construction. structural geology. hydraulic capacity. other supply options and their prices. Undertake a load forecast (incl. electro-mechanical system and components. and Determine the need for and the timing of the hydropower generation from the power plant (incl. generation requirements). identification of dates when power may be needed and impact of alternative assumptions on need for and timing of project). Task 7: Infrastructure design for Small -Hydropower Development The consultant will assess the potential and prepare designs for development of hydropower at the proposed dam sites. Task 7-1: Load-resource analysis Analyse the historical power demand through a power market survey (incl. or economic operations that depend on river flow levels). The costs will be used in the sections below for financial and economic analyses.37 on Dam Safety Plans. will develop preliminary designs for the new high power transmission line. intake. outlet works. potential service areas and planned levels of service. distribution by geographical areas. channel routing assumptions. (iii) propose dam safety monitoring and management systems.and off-grid options). Prepare a resource forecast (description of with-project and without-project conditions. efficiency. discussion of resource uncertainty). trends and growth rates of various consumer groups. for use in cost estimates and the economic and financial analysis). and seismic factors. estimate the relevant land take. subject to the relevance of relocation of the existing high voltage power line. turbine characteristics. The scope will include (i) assessment of the supply and demand of electricity in and around the project area. the consultant will prepare (i) an outline of the Operation and Maintenance Plan. head loss. Task 7-2: Energy potential analysis Determine the energy potential of the proposed site given the discharge series and other data developed. amount. considering on. etc.). Prepare a load-resource analysis for peak and average energy loads and resources (incl. terminal works. Instrumentation and Emergency Preparedness Plan (EPP) In line with the World Bank OP 4. taking advantage of the storage infrastructure for the irrigation scheme. Documentation should include but not limited to: the type of analysis (duration curve vs. bottom outlet and gates. or when expected operational flow release threatens downstream life. Bank Policy – Corrupt and Fraudulent Practices control and internal drainage systems. scenarios and reserve requirements). river diversion works. tariff and tariff policy. source of forecast. Task 6-3: Preparation of Outline O&M. sequential routing method). definition of the power system and comparison of projected loads with projected resources to determine the type. alternative power installations studied. history and condition of market. Task 6-2-1: Preliminary design for the new high voltage transmission line The consultant. (ii) an outline of an Instrumentation Plan considering both structural and hydraulic safety (plan for the installation of instruments to monitor and record dam behavior and the related hydro-meteorological. anticipated variation of load. and the viability of hydropower generation. and (iv) prepare a schedule of quantities in line with Civil Engineering Standard Methods of Measurement (CESMM 4). number of households to be replaced and associated costs. resource projections. structural. and scheduling of power. rationale for the instrumentation should be thoroughly documented).Section 6. and (iii) an outline of the Emergency Preparedness Plan (specifying roles of responsible parties when dam failure is considered imminent. property. model used as well as input assumptions (incl. dam instrumentation considering both structural and hydraulic safety (ii) prepare the layouts and drawings of the different project components using acceptable CAD software. 58 | P a g e . electro mechanical and transmission works. to supplement incomes of the farmers. carrying capacities with respect to the available water and land resources. electro-mechanical works. environmental and socio-economic aspects. maximum tension determination. and environmental and non-power operating constraints (e. rural development infrastructure etc. annual and peak demand months generation-duration curves. small scale hydropower. (iv) recommend complementary investments that can improve livestock productivity including but not limited to. average annual energy. etc. Prepare technical layouts and drawings of the proposed power plant (including intakes. amortized life (40-50 yrs). water supply. maximize average energy vs. penstocks. etc. etc. Bank Policy – Corrupt and Fraudulent Practices Define power operation criteria including basis for selection (maximize firm energy vs. The study shall include an assessment of the reinforcement needs with the existing grid and suggest the corresponding measures to be implemented and correlated cost. access to watering points. storage releases for water supply. for investments in improving productivity of livestock in the project area.. project layouts. alternative methods for firming up peaking capacity. location of transmission line corridor. headrace and tailrace canals. and select a range of options (operating modes.Section 6. minimum discharges for water quality and fish. powerhouse.g. etc. levelised current value. field effects of the transmission lines and environmental constraints) followed by conductor selection. etc. total energy potential for the site. Prepare feasibility level designs. preliminary performance specifications of the power plant features including: civil works related to the power plant.). Undertake preliminary design of the transmission system for evacuation of electricity produced by the power plant into the market.). etc. insulators. Task 7-3: Preliminary design of power plant and transmission line interconnection Identify a range of plant size and operating options for each developed dam alternative (dam heights. land and paths zoned for livestock and possibilities for the adoption of cropping patterns that have a significant amount of good quality residue for animal feed. consideration of wind loading. (ii) assess current livestock physical infrastructure in the project areas. Analyse physical constraints (e. ruling span determination. Establish dimensions and prepare the main and auxiliary plant equipment and performance specifications for complete out fitting of the power plant.) informed by the power system requirements and marketability considerations. (iii) assess the likely impacts on the livestock production after implementation of the identified multipurpose project. The Consultant will also incorporate technical.g. the hydro-mechanical. irrigation. Determine the dependable capacity and compute energy benefits for each developed dam alternative and on the basis of net benefit analysis select the best plant size. Prepare a schedule of quantities and cost estimates for the hydro-mechanical. flood control regulation. These shall be done taking into consideration development plans and priorities of Kenya. The detailed tasks will include: Task 8-1: Infrastructure Design for Livestock Watering The aim is to examine and recommend possible options at feasibility level. (v) determine the water 59 | P a g e . or any other riparian issues that may arise because of the project. transmission towers. limitations on pondage available for shaping flow to follow demand pattern. reservoir capacities. spotting towers and magnetic effects. in order to guarantee the sustainable use of the available resources.). maximize dependable capacity. for input into economic and financial analysis Task 8: Infrastructure Design for Auxiliary Water Resources use The consultant shall assess the potential and undertake feasibility level designs of measures for auxiliary uses like livestock development. peaking. This will include: confirmation of design data (including but not limited to the transmission voltage. base load vs. The Consultant should: (i) carry out a livestock resource assessment to determine the existing production levels. and also consult with potential livestock keepers/ herdsmen in the area.) and transmission line infrastructure including whether the system would be off-grid/connected to the national grid using Computer Aided Design Software. including connection to the national grid. Task 10: Environmental and Social Impact Assessment (ESIA) The Consultant will analyse the environmental and social aspects including land acquisition and resettlement sensitivities in each project area and. (iii) prepare feasibility level designs and layouts for bulk transmission to the extent that water supply can benefit from the irrigation development and watershed project. including cost estimates. etc. Bank Policy – Corrupt and Fraudulent Practices requirements for livestock development. at and around the project area. protect and maintain the watershed in a healthy and sustainable manner. potential damages from future flooding to the proposed project infrastructure. in technical. The Consultant will: (i) establish the current levels of access to water for domestic. The assessments will be guided by the national environmental including 60 | P a g e . irrigation system infrastructure and crops in the project area. alignment. severity and damage caused by floods in the project areas. Task 8-3: Infrastructure Design for Water Supply Development This sub-task will determine the potential for development or expansion of water supply for domestic. water and sustainable land conservation measures required to enhance the integrity and productive capacity of the watersheds. etc. The Consultant should build on previous work undertaken under the Sio-Malaba-Malakisi Integrated Watershed Management Feasibility Study (2012). and develop a preliminary concept of a development program for the area. industrial use. (ii) undertake a quick assessment of the current status of the watersheds based on an appropriate sample sub-catchment. (ii) assess the functionality or service level of any existing water supply systems or water sources. to irrigation and drainage system. which would consequently improve water yields and reduce on the rate of loss of storage. the consultant should: (i) assess environmental and social impacts that could make the project non-feasible or financeable. material sources (borrow areas). access road alignment. (ii) estimate the extent of resettlement and land and asset acquisition that would be associated with the project. Task 8-4: Design for Flood Mitigation Developments The task objective is to assess the risk of flooding in the project area. social and environmental terms. and (vi) propose and outline measures. (iii) evaluate the flood risk in upstream areas consequent to new water storage facilities. and make comparison of such alternatives. (iii) examine design alternatives such as changes in dam location. municipal. abrasion of outlet structures and mechanical equipment and increment of loads on the dam) in order to sustain the proposed infrastructure. Specifically. municipal and industrial uses. and crops. layouts and cost estimates which can be taken to avert floods under the planned irrigation/drainage and watershed development project. to the extent that livestock can benefit from the proposed multipurpose projects. to: (i) delineate the Sio-Sango and watersheds using GIS or other techniques. so that the best recommendations are passed on to the team members working on the engineering aspects for incorporation in the project designs. (iv) delineate suitable soil. develop project proposals that avoid or minimize potential adverse environmental impacts. (ii) analyze hydro-meteorological records to assess the risk of flooding in the project areas with project situation. and (v) prepare feasibility level measures. or result in costs likely to exceed the intended benefits when mitigation is taken into account. Task 9: Formulation of Upstream Sustainable Land Management Actions The task objective is to take stock of the baseline status of the watersheds in the project areas and identify major interventions required to improve. in order to address sedimentation risks related to future depletion of storage (reducing yield and flood attenuation capability).. and (v) undertake preliminary designs of proposed watershed improvement measures in the upstream watersheds to reduce erosion and sediment ingress into the reservoirs. height. hydraulic structures. (viii) ) prepare preliminary designs and layouts for bulk transmission to the extent that livestock watering can benefit from the proposed irrigation development and watershed project.Section 6. economic. The Consultant should: (i) collect all information available in records and with local communities on the history of flooding. which can be taken to develop livestock at each project area. (iv) identify major structural and non-structural measures to prevent adverse impacts to communities. reservoir size. through the consideration of alternate project designs. (iii) consult the people living in the sample sub-catchment to understand their level of dependence on the resources of the watersheds. and of project plans to manage adverse impacts. The institutional analysis will define the linkages with the current institutional set-up of the transboundary water management and recommend implementation arrangements. which will include (i) updating and revision of planning parameters. (iii) preparation of the final desk project layouts (including main project components. Task 12: Confirmation of project layout and preliminary design report The consultant will based on the preceding tasks confirm the project layout. the ESMF for the Nile Cooperation for Results (NCORE) project. Design features to avoid adverse impacts. for the assessment of potential impacts and design of mitigation measures. Under a separate contract.). the selection and justification of the preferred alternative. an independent ESIA and Resettlement Action Plan will be prepared for the projects as will be described in the final feasibility report. The depth of the assessment will be sufficient to adequately inform the development of alternate project designs. river transfer. to participate in decision making processes. or enhance environmental/natural resource services are to be clearly noted in the description of preferred project alternatives. as well as World Bank safeguards. (ii) assessment at the field level of the importance of and access to local groups and institutions for different socio-economic groups for both women and men. including transboundary considerations. Task 13: Construction Plan and Implementation Scheduling The Consultant shall establish construction schedules for the implementation of the dam. as part of that report.Section 6. input supply. Bank Policy – Corrupt and Fraudulent Practices land acquisition and resettlement related legislation. the Consultant should provide documentation of the environmental and social information and analyses used to design the project. Project alternatives that substantially convert or degrade important natural habitats should not be considered unless they include equivalent habitat restoration and maintenance within the project area or elsewhere. (iii) assessment of private sector involvement in the agriculture sector (particularly in rural finance. output storage. Following confirmation of the project layout. with suitable maps. hydropower infrastructure. but also on its environmental and social suitability. construction of access roads as well as routes to borrow areas. regulation works. diversion. The consultant will assess institutional constraints and opportunities for efficient management of irrigated agricultural production in the project area. mapping and information on quantity and quality of borrow areas. etc. agro-processing. of the measures included to avoid or minimize adverse impacts. dam axis location and alignment. minimize land acquisition and involuntary resettlement. dam type. including the role of cooperatives and farmers’ associations). Acceptability of the final project design will depend not only on its technical and financial feasibility. NELSAP preliminary Environmental and Social Management Framework and NELSAP Environmental and Social Guidelines. in order to enhance the quality of the study outputs. This will cover (i) assessment of the institutional capacity of local agencies supporting agriculture and delivering irrigation services. and (iv) likely implementation and operation arrangements for the potential project(s) including potential for Public-Private-Partnerships (PPP). The consultant will explore opportunities for various social groups (women and men). Other areas of collaboration/exchange of information will be determined from time to time. and marketing. machine leasing. intakes and waterways. Thus. irrigation and drainage system. the consultant should prepare a preliminary engineering design report and optimize the layout of their main components. (ii) evaluation of layout alternatives clearly indicating the assumptions used. Collaboration between the consultants will also focus on costing key items from the EMP for inclusion in the project costing. establishment of the construction 61 | P a g e . irrigation and drainage command area. cross-sections. configuration. Apart from the construction items of the earthworks and concrete works for the main structures these schedules shall include mobilisation. The consultant shall collaborate closely (through liaison and regular meetings) with and provide support to the firm hired to conduct the ESIA. Task 11: Institutional Assessment The objective of this Task is to design institutional arrangements for the proposed project. ). The Consultant shall: (i) compile and tabulate estimated incremental direct agro-economic financial benefit streams. Task 16: Feasibility Study Report 62 | P a g e . prepared using constant prices (or suitably applied price projections if warranted) and appropriate assumptions. B/C ratio). through availability of storage etc. etc. subsidies should be identified and their implications analyzed. replacement costs. improved access to rural water supply. etc. physical and price contingency allowances should be quantified appropriately for each component/activity of the projects. for all activities and services. in the economic analysis. work methods and preliminary labour force requirements. etc. The Consultant should also provide documented analysis in Excel spreadsheets and based on this analysis make final recommendations on the way forward. the consultant will identify multi-purpose benefits deriving from upstream storage. EIRR). intangible benefits (such as new job opportunities. tangible benefits (arising either from an increased value of production or from reduced costs). This should include determination of the financial and economic viability of the project. for the various project options and components with expenditure schedules for capital costs. The consultant will also estimate secondary benefits created or costs incurred outside the project (using shadow pricing techniques/non market valuation). The Consultant should also perform sensitivity analysis on important parameters (including calculation of switching values) to check their impact on the financial and economic viability. management costs. replacement costs. The consultant should prepare estimates of project benefits. Scenarios should include sensitivity tests involving climate change scenarios. Task 15: Economic and Financial Analysis The consultant shall prepare detailed financial cost estimates. In the schedules the Critical Path Method shall be applied. Net benefit – investment ratio (N/K) and financial and economic internal rates of return (FIRR.Section 6. Task 14: Preparation of cost estimates and benefits The consultant shall identify and value the costs and benefits that will arise with the proposed project for purposes of comparison with the situation as it would be without the project and determining the incremental net benefit arising from the project investment. Based on this the disbursement schedule of the project main components will be estimated as an input for the financial and economic analysis. operation and maintenance. This will involve preparation of financial cost estimates. A summary of the financial and economic cost estimates should be provided in a tabular form and appropriately classified and discussed. The analyses will include the cost of relocation of the high voltage power line in the event that the activity has been found relevant. for all activities and services. Specifically for the storage reservoir. so that they can be attributed to the project investment. flood management. estimate likely build-up of agricultural production volumes over the years following the initial investments and likely future agricultural production trends in a without-project situation (ii) undertake project economic and financial analysis using standard techniques (for the irrigated agriculture as well as other identified uses). construction packaging. provision of housing and transport facilities for supervising staff. by carrying out analyses to determine the net present value (NPV).) and that maximize the returns on investment in storage. A summary of the financial and economic cost estimates should be provided in a tabular form and appropriately classified and discussed. which should include: direct/indirect benefits. cost benefit analysis (CBA. hydropower generation. They will propose a number of scenarios that differ in terms of the use of the stored water (irrigation. The key information for the project shall be presented in tabular format together with key environmental and social information. the consultant should clearly list what assumptions are made and which key developments are needed to reach FIRR and EIRR. Residual values must be calculated. Bank Policy – Corrupt and Fraudulent Practices camp. All cost estimates must show the foreign and local currency requirements. for the various project options and components with expenditure schedules for capital costs. including different discount rates While undertaking the computations. management costs. water supply. operation and maintenance. taxes. concrete outlines and placement details. irrigable area and sites of collection of local materials and prepare a topographic map of the schemes area to scale (ii) prepare a topographic map of the dams at a scale not more than 1:500 and at a contour interval of not more than 0. or terminate the studies in case all options are non-feasible. right and left of the proposed site.e.Section 6. embankment zoning. the Consultant shall prepare detailed final designs and tender documentation. The suitability of the dam fill materials shall be tested for compaction and permeability. Detailed tasks include the following listed below. for which detailed designs shall subsequently be prepared. and recommendations on project suitability and outlook. (iv) prepare topographic map of the irrigation command area at a longitudinal scale of not more than 1:1. contract specifications. The reports shall include concise executive summaries to make the report more accessible to the public. The design report should include assumptions. (vi) prepare longitudinal profiles of the main. Task 17-2: Detailed Geological and geotechnical considerations Building on the Geotechnical baseline Report (GBR). water fetching points. contract packages etc. The Feasibility Report will form a decision point by NELSAP on whether to advance the studies to the detailed design stage. The structures shall be presented on appropriate design drawings. The reports shall contain firm statements on the technical. showing all the features upstream and downstream. settlements. which shall document the feasibility study investigations carried out findings and information.5m for plain and undulating areas: the topographic map should also show major features in the irrigable area. Task 17-1: Detailed Topographic Surveys The Consultant should: (i) Undertake detailed surveying works both at the dam sites. Task 17: Final Design & Tender Document Preparations For the selected and agreed design alternatives/layouts. detailed organizational charts and schedules for implementation. Bank Policy – Corrupt and Fraudulent Practices The Consultant will prepare a separate feasibility study report for each project. Further investigations will be carried out into the sources of construction materials and concrete aggregates. secondary and tertiary canals. Grid survey of the irrigation plots at the recommended and specified grid interval whenever as required for land leveling work. hills.. cattle crossings. analyses. i. including canals. main and secondary drain.000 at a contour interval of not more than 1m for steep areas and not more than 0. as well as calculations and justification of the methods used for design. Relevant annexure including the Geotechnical baseline report (described under the feasibility study) should be included. if necessary through a multi-criteria analysis. reinforcement details. the consultant shall update data series and if necessary additional/complimentary geological/geotechnical investigations (mainly with boreholes) shall be carried out to facilitate a responsible decision for “fine tuning” purposes during the final design. The Geotechnical Baseline Report shall be appended in a separate volume of the feasibility studies. In the former. including observation pits and material source areas. dam instrumentation. Aggregates shall be tested on the likelihood of developing Alkali Aggregate Reactions when applied to concrete structures. This volume will aim at evidencing that the amount of investigation carried out brings a sufficient understanding of the site conditions to finalize the project layout and cost estimate with an acceptable level of contingencies at feasibility level. in case viable options have been identified. blockouts for mechanical installations and second stage concrete. etc. drawings. (v) establish benchmarks and connect them to national grid stations and benchmarks of the proposed head works. construction and expansion joint details. 63 | P a g e . bill of quantities. The structures shall include but not be limited to access roads. conclusions and recommendations for the detailed designs of each project. at a scale of vertical 1:100 and horizontal 1:500. foundation excavation and treatment works.5m. economic/financial and environmental and social sustainability. the Consultant in consultation with the Client and stakeholders shall agree on the best design alternatives/layouts. (iii) prepare dam site cross-sections at vertical and horizontal scales of 1:200 indicating pertinent features to the head works. electro mechanical and transmission works to evacuate electricity produced into the market.). Bank Policy – Corrupt and Fraudulent Practices Task 17-3: Dam Design The Consultant should prepare (i) detailed structural and hydraulic designs for the dam site. insulators. Operation Guidelines and Procedures. The consultant will also prepare operating. drain night storages (if any) and road alignments. and (iii) update the cost estimates. and (iv) Prepare a schedule of quantities and cost estimates for the hydro-mechanical. conductors. transmission towers and construction specifications) for the transmission line to evacuate electricity produced into the market. (ii) establish flood protection requirements for the command area and design the respective drainage system accordingly. (vii) prepare operating and maintenance manual (including rule curves) for irrigation release outlet structures (gates). (ii) A draft Instrumentation Plan. (v) design access roads. location of structures. energy dissipating mechanisms and other appurtenant structures with respect to maximum flood estimates and maximum scour depth with consideration of both structural and hydraulic safety. the hydro-mechanical.37 on dam safety. (vi) Prepare specifications and priced bill of quantities and construction schedules accordingly. easily manageable and aligned with topographic features and geological investigations. canal lengths. for flood control. which is most economical. power and environmental releases. accessories. intakes. The designs will be compatible with the local management system conditions and/or capability and should include canals. 10 The consultant will. Salient Project Features. spares etc. spillway. for discussion and approval. penstocks. (i) A draft Operation & Maintenance (O&M) Plan (containing: General Information. using Computer Aided Design Software. equity and flexibility of water delivery to farmers. Suppliers and Vendor Manuals and Appendices). Task 17-6: Preparation of Draft Operation and Maintenance and Emergency preparedness plan)11 Building on task 6-3 and with reference to World Bank OP 4. (iii) prepare detailed designs and specifications (incl. performance specifications of the power plant features including: civil works related to the power plant. The work items and construction schedules will be presented to the Client and other stakeholders. which will give easy access to all the irrigation blocks. Monitoring Programme. (ii) carry out detailed structural and hydraulic designs for the diversion structures with respect to maximum flood estimates keeping the geologic and geotechnical information into consideration.Section 6. The Consultant will: (i) carry out detailed design and layout of the irrigation and drainage system and the associated hydraulic structures considering the total demand. gates. for discussion and approval. economy and base flow availability. the consultant will prepare the following broad framework plans (an estimate of funds needed to prepare the final detailed plan by the implementing firm will be made). select the locations of such crossings. Records. headrace and tailrace canals. in consultation with the client. maintenance and surveillance manuals (including rule curves) for outlet structures. electro mechanical and transmission works. Task 17-5: Power System Design The consultant will (i) Prepare final power plant designs. cables. the ESIA consultants and local community leaders. and water profiles along canals and drains at specified reaches. etc. Task 17-4: Detailed Irrigation System Design The irrigation & drainage design shall ensure reliability. The work items and construction schedules will be presented to the Client and other stakeholders. hardware. (iv) prepare general plans and drawings for the dam site and all irrigation & drainage infrastructure. due attention should be given to the possibilities of crossing irrigation and drainage canals by human and livestock movements 10. and instrumentation installed. bottom outlet. powerhouse. canal spacing. (iii) design the canal-lining requirements using the inputs from the engineering geology assessments. Directory of Drawings. 11 The final O&M Plan will be completed during project implementation (not less than six months prior to the initial filling) of the reservoir and should contain specific information on the electrical and mechanical equipment. Safety Inspections. The Final EPP on the other hand should be prepared not later than one year prior to the initial filling of the reservoir 64 | P a g e . (ii) Prepare layouts of the proposed power plant infrastructure (including intakes. A meeting will be held at Month 7 to review the report. electronic copies of background materials and drawings should be submitted as part of the reporting. Covering Feasibility study of the selected design alternatives (incorporating Client’s comments). proposed content and structure of the various reports. and Period of Performance The Consultant will produce the following reports and attend the related meetings. the Consultant will: (i) Prepare tender documents for various contracts of land development. lessons from similar projects. M. 4. emergency warning system and plan. construction works of the dam. preliminary findings of the various water use/water demand assessments. Lubkowski. state of mobilization. Report An Inception Report (Month 2) Interim Report (Month 7) Draft Feasibility Report (Month 10) Final Feasibility Report Description Contains the updated work plan. irrigation and drainage system. including details of the project area. In addition the Consultant will be expected to: (i) collect most data from review and analysis of existing secondary sources of information such as assessment reports and various other regional and relevant global publications. N. and other infrastructure. preliminary results from field investigations and surveys. In addition. Bank Policy – Corrupt and Fraudulent Practices (iii) A draft Emergency Preparedness Plan (containing (i) issues of organization. (ii) Prepare tender document for the machinery and equipment. analysis. etc. drawings. Examples of International design criteria to be referenced includes: ICOLD dam design criteria shall be used to guide the definition of design floods. local facilities. refined work methodology and understanding of assignment. (ii) prepare clear. safety equipment. procedure for evacuation. including justification. No of Copies 5 to NELSAP CU and on memory stick 5 to NELSAP CU and on memory stick Submission by electronic mail 5 to NELSAP CU 65 | P a g e . Task 17-7: Tender Documents Preparation Under this sub-task. K. communication. Villani. and relevant annexes. loading combinations. The bidding documents should follow World Bank standard documents. International standards (example British/American/French Standards) shall be used for the feasibility studies. Methodology and Standards and Design Criteria The Consultant will be expected to employ the most effective methodology and standards to achieve results with optimal national stakeholder involvement. Sediment Management (RESCON 2003) and Seismic design parameters (Seismic Design Considerations for East Africa by Z. List of Reports. links with existing institutions.Section 6. Selection of design flood: FEMA 2013. computation. warning levels and response matrix for different deficiency levels and other information specific to the reservoir). geotechnical baseline report. socio-economic and environmental survey findings. Willis). Covering Feasibility study of the selected design alternatives. and (iii) ensure reports are delivered in time as per the agreement. Jirouskova and M. It will contain a complete technical description of the recommended schemes. The proposed project schedule shall be broken down by tasks and sub-tasks and presented in Gantt chart form. such as social and environmental impacts of the project. factors of safety (USBR Design of Small Dams). roads. issues identified for Client’s attention. A meeting will be held after month 2 to review and approve the report. and their application shall be appropriately referenced. A review meeting will be held in month 10 to discuss this report and will form a decision point on viability of the projects. and (ii) Dam break analysis. Loading. figures and maps as well as detailed reports on all subjects treated in the scope of the study. 5. an assessment of constraints and opportunities. concise and focused reports. Coates. The report will contain progress made. Inundation map. Schedule of Deliveries. specify submission dates for each of the required technical reports in draft form. Covering Detailed design study of the selected design alternatives (incorporating stakeholders’ comments). A review meeting will be held after month 16 to discuss this report. indicating amounts invoiced. Reports should include a financial summary. irrigation infrastructure. system layout and farm and access roads). livestock watering and municipal water supply abstractions. Tender documents and Design report and Construction drawings. Bank Policy – Corrupt and Fraudulent Practices Report (Month 12) Draft Detailed Design Report (Month 15) Final Detailed Design Report (Month 18) Monthly progress reports – 1st week of every month Description No of Copies Details will include detail design report for the agreed Engineering works (dam/ head works. hydropower infrastructure. showing details of the Consultant’s progress. and any other pertinent financial details. 5 to NELSAP CU and on memory stick 1-2 pg maximum comprising a narrative and bar charts or other graphic presentation. amounts disbursed. impediments and proposed remedies will be submitted on a monthly basis. changes in the assignment schedule.Section 6. Submission by electronic mail 66 | P a g e . watershed management.Section 6. design and construction supervision of hydraulic infrastructure projects. hydropower projects and irrigation systems. however. and include national /regional consultants as necessary to ensure study relevance and effectiveness in light of prevailing local conditions. with 10 years’ experience in the planning and design and construction supervision of irrigation and drainage systems. 7. and at least 10 years’ experience in use of water resources models for surface. an understanding of underlying development issues. the consultant has the ultimate responsibility for collecting all the required data and documentation which cannot be made available by the project from official sources. Postgraduate qualifications in Civil/Hydropower Engineering. The areas of expertise required include: irrigation engineering and agriculture development. with a minimum of 10 years’ experience in water resources planning and design and construction supervision of hydraulic structures such as dams. civil/infrastructure/hydraulic engineering. visas. design and construction supervision of hydraulic infrastructure projects. and at least 10 years of work experience on 67 | P a g e . Bank Policy – Corrupt and Fraudulent Practices 6. rural development. Qualification of the Consultant The study team should comprise experienced professionals. meteorological. The team should be made up of specialists each with a postgraduate degree in the relevant discipline and at least 10 years of experience in undertaking studies related to irrigation development and watershed management. Postgraduate qualifications in Engineering Geology and 10 years.and groundwater assessments as well as experience in use of GIS/remote sensing in river basins. local transportation. experience in geological investigations. The Consultant may optimize their personnel to demonstrate the competences required for the assignment. with a minimum of 10 years’ experience in the planning. (v) Arrange consultative meetings and ensure linkage with relevant regional authorities. and other costs necessary to carry out the assignment. (iv) Provide assistance in obtaining Customs and Tax Exemptions as detailed in Special Conditions of the Consultancy Agreement and General Conditions of Service. and regional experience. (ii) Liaise and assist the consultant in obtaining any other information and documents required from other government agencies in the Sio-Malaba-Malakisi countries and which the Client considers essential for conducting of the assignment. geotechnical engineering. design and construction supervision of hydropower projects Postgraduate qualifications in Agronomy or related sciences with at least 10 years of work experience in irrigation development projects. Postgraduate qualifications in /Geotechnical Engineering and at least 10 years of experience in geotechnical investigations. Postgraduate qualification in water resources /hydrology. institutional analysis and environmental and social impact assessment. financial and economic analysis. At least 10 years’ of experience of financial and institutional solutions for infrastructure development in developing countries (including Low Income Countries) Postgraduate qualifications in economics. hydrology. (iii) Provide assistance to obtain work permits for staff of the Consultant. Postgraduate qualifications in soil sciences and at least 10 years experience in soil investigation for irrigation and watershed projects Postgraduate qualification in development policies and/or economics. Data and Services to be Provided by the Client Data and documentation on hydrological. The Consultant shall operate their own project office and shall bear all accommodation. water quality and other relevant aspects of the SioMalaba-Malakisi basin which the project may have will be availed to the consultant. The Client will: (i) Facilitate in establishing communication with the relevant institutions. Postgraduate qualification in irrigation engineering. The team should reflect an appropriate mix of disciplines. education. The qualifications of the key experts are as follows: Position Dam Design/ Engineer (TL) Civil Irrigation and Drainage Specialist Hydropower Engineer Agricultural Planner/ Agronomist Geotechnical Engineer Engineering geologist Hydrologist Soil Specialist/ Pedologist Development Economist Economist/ Financial Competences Postgraduate qualifications in Civil/Hydraulic Engineering. skills and experience. to ensure information exchange. and (iii) a geotechnical/geological engineer. Supervision Arrangements The Client is the NBI/NELSAP. meetings etc. The Client will hold discussions with the Consultant at various stages of the consultancy to assess work progress. Quality Assurance and Control The Consultant will be required to demonstrate in their proposal evidence of adoption of the use of a Quality Assurance System (ISO 9001 or equivalent). 10. specifically in economic and financial analysis of water resources development projects. The costs of all other consultations. 10 years of work experience. Postgraduate qualifications in surveying with demonstrated experience in use of remote sensing/GIS applications. development studies or related fields. materials etc. The NELSAP CU will ensure close coordination with other regional projects. Proposals should indicate how the funds will be best utilized to achieve the objectives of the assignment. Outputs of the study will be reviewed by the NELSAP Dam Safety Panel. as well as describe how quality control will be implemented in the course of the project. (ii) a hydrologist. Whilst all of the Consultant’ costs incurred in their participation. Postgraduate qualifications in sociology. Contract Details It is estimated that the work will commence in May 2015 and take 18 calendar months.Section 6. participants’ expenses such as transport and accommodation. Bank Policy – Corrupt and Fraudulent Practices Position Specialist Surveyor Social development Specialist Environmental Management Specialist Competences development projects. who comprise of (i) a dam design/construction engineer. supporting the arrangement and running of national and regional workshops must be included in the consultant’s financial proposal. the costs of holding the workshops themselves (costs of venue. Postgraduate qualification in Environmental management or related fields and at least 10 years work experience in Environmental Assessments. Minimum of 10 years’ experience in engineering surveys. discuss constraints and possible interventions to ensure quality and meet deadlines. The Consultant will be directly supervised by the NELSAP CU with participation of the Sio-Malaba-Malakisi River Basin Project Management Unit. 8. 68 | P a g e . 9. The Specialist will ensure that socio-economic and gender issues are appropriately included during the project preparation/design stage. required by the Consultant to adequately complete the assignment must be included in the financial proposals.) will be met by the Client and should not be included in the Consultant’s financial proposals. Knowledge of World Bank Social and environmental safeguards is a must. civil society and government). Location of Sio Sango and the contributing catchments 69 | P a g e . sustainable harnessing and management to ensure availability and accessibility to all water uses for present and future generations with an overall goal of ensuring environmentally sustainable social and economic benefits from the nation’s water resources”. It seeks to establish and promote a multi-sectoral approach to sustainable irrigation and drainage development (involving private sector. and equitable development and use of water resources for improved livelihoods of Kenyans’. food security. The objective of the policy to ensure a comprehensive framework for promoting optimal. It aims at achieving universal rights to water supply and sanitation for all by 2030 in the rural and urban areas’. and sustainable growth. poverty reduction. and poverty reduction. middle-income country providing a high quality of life to all its citizens by 2030 in a clean and secure environment.Section 6. communities. Bank Policy – Corrupt and Fraudulent Practices Appendix 1: Summary of key strategies and policies Policy /Strategy Kenya’s Vision 2030 Kenya’s 2012 water policy Kenya’s Draft National Policy on Irrigation and Drainage Development 2008 Kenya’s water sector strategic plan (WSSP) 2009-2014 Overview It’s the country’s road map for Kenya’s economic and social development for the next two decades and aims transform Kenya into a "newly industrializing. Social. It aims at protection of water resources. The policy aims to accelerate sustainable development of irrigation and drainage to contribute to the national goals of wealth and employment creation. The Vision is based around three "pillars": Economic. and Political and emphasizes on healthy ecosystems. employment creation. sustainable. Bank Policy – Corrupt and Fraudulent Practices Layout of Masuno Irrigation Scheme to be served By Sio-Sango Dam 70 | P a g e .Section 6. Preliminary designs . to add other benefits of flood control. DSS was developed by the Nile Basin Water Resources Planning & Management (WRPM) Project. The study undertaken by the National Irrigation Board . South Sudan. forestry. The study also explored nonstructural measures to address water security in the basin. Through a regional water resources assessment. The SMM Integrated Watershed management Program which was sub basin wide identified hotspot/degraded catchments requiring restoration so as to improve the ecological integrity of the basin. environment. community mobilization and framers organization . industry and trade. sedimentation / water quality analysis . crop water requirements /scheduling. The objective of the DSS is “…to serve as a shared knowledge base. covering the countries of Burundi. The study identified 27 potential dam sites along Sio. fishery development. The compiled data for the NB DSS include the following subject to what each country could avail to the project. An Environmental and Social Management Framework including institutional arrangements for projects implementation were developed also The interventions identified are aimed at having targeted sub-catchments rehabilitated and managed for reduced erosion and improved livelihoods. water demands. geology. Tanzania and Uganda. multipurpose water resource development infrastructure. river transport and navigation. national and regional plans. and identified some focal areas for downstream irrigation studies and development including Sio Basin. agronomy and marketing .0 Sio-Malaba-Malakisi River Basin Monograph and Database by WREM (2008) 5. The study identified irrigation potential of 1. and evaporation 2.3 Million ha in Kenya and 3 million in Uganda.299 Million ha for Kenya. financial analysis and eventually identified 6 major irrigation blocks of total command irrigation area 6. temperature. it established development scenarios and optimal thresholds for viable development of various regional WRD interventions. and it identified and prioritized development potentials and constraints for the region’s water resources. This was undertaken by NELSAP for the Nile Equatorial Lakes Region. 2012) 8. Meteorological data: Rainfall. The Sio-Malaba-Malakisi (SMM) River Basin Monograph compiled existing data and information on all water resources related sectors. The study made preliminary assessment of MRD options in irrigated agriculture. irrigation development. mining. hydrological analysis . and other assessments. flood control. energy and hydropower. for cooperative planning and management decision making for the Nile River Basin…” As such the Nile Basin DSS is expected to be an “agreed upon tool that will be accepted and used by all riparians in the management of the shared Nile water resources”. It targeted development of new and/or augmentation of existing storage reservoirs and conveyance systems for bulk water transfer for multipurpose uses of irrigation.28 million ha for Uganda and 0. Rwanda. tourism.0 NEL multi-sector investment opportunity analysis (2012) 4. and identified potential development and investment opportunities in agriculture. national and regional levels. including irrigation and hydropower. Malaba and Malakisi river systems and recommended measures that will ensure water security within the Sio-Malaba-Malakisi catchments and alleviate poverty with a broad measure of regional and social equity. fisheries and aquaculture. especially in watershed management. pollution control infrastructure.0 Nile Basin Decision Support System (NB DSS. with specific focus on the sites’ hydrology. within the NEL region.soils investigations . Investment proposals were formulated in areas of catchment rehabilitation. water supply and sanitation. Bank Policy – Corrupt and Fraudulent Practices Appendix 3: Reference documentation Study/Documentation Description 1. provide analytical capacity. financial and economic viability. It earmarked areas that would boost the desired development in the basin. aquaculture. small hydropower development. where possible. wetlands restoration and community based livelihood including capacity building at the local. etc.0 Feasibility study and Preparation of a Sio-MalabaMalakisi Integrated Watershed Management Project (2012) 7. etc. Cross-cutting and transboundary issues were analyzed and can only be addressed through an integrated water resources planning and management approach. sunshine hours. livestock . This was a preliminary study undertaken through the concluded NELSAP Regional Agricultural and Trade Productivity (RATP) Project. etc. Kenya undertook detailed socialeconomic analysis .090 Ha for development in the lower Sio basin.Section 6. detailed design and preparation of tender documents by Bhundia associates (2010). wind-speed.0 Feasibility study to identify irrigation investments in the lower Sio basin. hydropower generation. hydropower generation.0 NELSAP irrigation potential assessment study (2012) 3. characterized water resources challenges and issues along with their causes and impacts. and support stakeholder interaction. social. potable water and sanitation.0 Available information in the NB DSS data base 2009 71 | P a g e . It established that optimal irrigation potential of 2. while seeking. Eastern DR Congo. The irrigation blocks would be served through direct off take from the river (diversion weirs) and thus conveyance by gravity and some blocks by pumping.0 Prefeasibility Study for 27 potential multipurpose WRD projects by Newplan Consulting Engineers (2010) 6. Its final outputs included a NEL Basin Planning Model and a regional water investment strategy to guide the future regional WRD developments. potable and livestock water supply. Kenya. review of sectoral. review and approval of the projects to be prepared under NELSAP. and outline the necessary reporting procedures. weaknesses and opportunities. Final Report. The NELSAP Scaling Up Strategy builds on the initial NELSAP achievements and defines three tracks to promote cooperative Nile investments projects within the overall NBI framework.0 Large Scale Irrigation Practices in the Nile Basin.0 NBI Strategic Program. Good irrigation practices in the Nile Basin and areas that need to undergo improvement programs will be identified. NELSAP objectives are overarching criteria and these include: Poverty reduction. 2006 15. Ian McAllister Anderson (April 2008) 11. for managing and monitoring environmental and social concerns related to projects. station reference coordinates.0 NELSAP Preliminary Environment and Social Framework. 2002 Action 14. 72 | P a g e . discharge measurements. Hydrology: Water levels. Final report January 2009 by Wim Bastiaansen. (soft copy) These are policy guidelines for taking the strategic action which is necessary to realize the potential of the Nile. Catchment boundaries. The assignment contains a review. 2009 16. 2008 10. Development objectives are defined for each track within a five year time frame (20052010). capacity building needed to successfully implement the provisions of the ESMF and (iv) establishes the project financing required to implement the ESMF. which was highlighted as one of the major threats to management of the Nile Basin environment.0 Wetlands strategy. Additional criteria as agreed by NELTAC in 2006 include: (i) have specific Country(ies) defined goals and anticipated measurable results that are clearly stated (ii) demonstrate benefits at a regional level (iii) ability to be up scaled (iv) demonstrate sustainable use of water resources (v) Commitment for significant public consultation and Stakeholder involvement and (vi) Economic and Financial viability and sustainability The strategy provides the NELSAP with operational guidelines on how gender principles will be mainstreamed within projects. security and peace for all its peoples (ii) to ensure efficient water management and the optimal use of the resources (iii) to ensure cooperation and joint action between the riparian countries. Bank Policy – Corrupt and Fraudulent Practices Study/Documentation 9. evaluation and compilation of an overview on agricultural water sector of Nile basin and related reports on best practices.0 NELSAP Mainstreaming (2008) Gender strategy Description (covered periods vary from station to station). It proposes actions for restoration of Wetland. Part of the outputs includes an inventory of LSI systems.0 NELSAP Scaling up strategy 2005-2010. analyses and trust generated through the Shared Vision Program (SVP) and contributes to reach the NELSAP objectives and the Nile Basin Shared Vision. Land use /cover: Existing Hydropower stations and planned stations (the detail vary from country to country) Irrigation schemes (size and location. The strategy forms an integral part of projects activities and aims at providing a minimum view of the gender goals and to facilitate a process of learning and increased capacity to analyze and mainstream gender in the course of the work.Section 6. Best practices. Its objectives include: (i) to develop the water resources of the Nile Basin in a sustainable and equitable way to ensure prosperity. crop type). The study provides an overview of the performance of Large Scale Irrigation systems in the Nile Basin against internationally accepted standards and benchmarks and recommendations on how to improve the performance indicators. Framework that provides a set of coherent policy directions and strategic actions for implementation by NBI and specifically by NELSAP in order to be able to mobilize adequate and sustainable resources in a predictable and timely manner for financing NELSAP portfolio of investments (soft copy) The strategy addresses the need to protect the hydrological importance of the wetlands of the River Nile especially in storing water and regulating flow that ensures that River Nile always has water throughout the year. stakeholders and future development perspectives. 2010 13. Reversal of environmental degradation and Economic development.(ii) specifies roles and responsibilities.0 Agricultural Water In The Nile Basin – An Overview. The ESMF: (i) establishes clear procedures for the environmental and social planning. The strategy builds on the knowledge. Digital elevation Models (30m ASTER and 90 m SRTM same as those available in the web).0 Resource mobilization Framework report (May 2009) 12. seeking win-win gains (iv) to target poverty eradication and promote economic integration and (v) to ensure that the program results in a move from planning to action.(iii) determines the training.0 NELSAP Project Selection Criteria (2006) 17. PART II Section 8. Conditions of Contract and Contract Forms 73 | P a g e . . TIME-BASED FORM OF CONTRACT STANDARD FORM OF CONTRACT Consultant’s Services Lump-Sum 75 | P a g e . ....................................................... 9 8.......................... and Marking of Proposals................................................. Conversion to Single Currency .......................................................................................................................................................................................... 17 E.. Unfair Competitive Advantage ............................. Evaluation of Technical Proposals.................................. Submission....... 6 3.... Letter of Invitation .............................................................................................. Only One Proposal .................. FBS... Opening and Evaluation ................................................................................... 45 76 | P a g e .................. 25 Section 4..................................................................... 8 B.................................................... 16 26................................................................ 10 12.................................................................................................................... 1 Section 2......................................................... 15 24.......................................................................................................... Opening of Technical Proposals ...................................................... 9 9....................... 7 5................................................. Instructions to Consultants and Data Sheet .................................................................................................................................................................................................................................................................................. 12 C................................................. Financial Proposals for QBS ............................................. 16 D........................ 14 19................................................. 5 1................................................................................................................................................................................................. Sealing.......... 11 14..... Correction of Errors ...... 5 A......................... and LCS methods) ............................................................................. 14 21.......................................................... 9 11......... Confidentiality ................................................................. Negotiations and Award ................... General Provisions ........ Submission........ 15 25................................. Preparation of Proposals ................... 10 13..................................................................................................................................................... 1 Section 1............ Corrupt and Fraudulent Practices ...... 15 22............................................................................... Conflict of Interest ................. Proposals Evaluation............. Introduction ................................. 12 17......................................................... 15 23.................................... General Considerations .................. Data Sheet ... 19 Section 3..................................... 7 6............................................................... 9 10................................... Preparation of Proposals – Specific Considerations ................................ Taxes ................. Eligible Countries ............................... Technical Proposal Format and Content ....................................................... Eligibility ................. Documents Comprising the Proposal.... Cost of Preparation of Proposal .................................................................................................. Financial Proposal ............................................................................................... Financial Proposal..................................................................................................... Technical Proposal – Standard Forms .......................................................... 9 7......... Public Opening of Financial Proposals (for QCBS........ Proposal Validity .....................Standard Forms ........................................... 11 15........... 12 18.................................................... 5 2............................................... Definitions ............................ Clarification and Amendment of RFP .............. 14 20..... 12 16.. 6 4.. 35 Section 5.................................................................................................................. Language ...........................................................................Consultant’s Services Lump-Based Contents PART I ..................... .......................................................................... MODIFICATION AND TERMINATION OF CONTRACT ........................................................................................ Conflict of Interests .................. GENERAL PROVISIONS........................................................................................... 91 26......... 84 7............. 87 C............ Relationship between the Parties .... 84 6..... 85 11........... 83 2................ Location ................................................................................................................................................ Termination ......... 89 20..................................... 90 23................................................................................................ 85 14.............................................. Law Governing Contract ............................ OBLIGATIONS OF THE CONSULTANT .......... Language ............................................................................................... 47 Section 7.......... Accounting................. 84 8....................................................................... Expiration of Contract ............................................................................................................ General............................ 85 13............................................................ 90 25....... 49 PART II ............ Terms of Reference ................................... 85 12............................... Entire Agreement ...................................................................................................................... 85 18.. 85 15.................................................. 84 9.............................................. Form of Contract ................................................................................................................................................................. Communications ............... Inspection and Auditing ... 85 17..................................................... Insurance to be Taken out by the Consultant ........................................ Corrupt and Fraudulent Practices ..................................................... Reporting Obligations ............................................................................................... 85 16................................................................ COMPLETION.......... Authority of Member in Charge .. Authorized Representatives .............................................. 73 Section 8............................ General Conditions of Contract ... 84 3................................................................................................................... 84 5........................................................................... 90 24................................................................................................................................ Conditions of Contract and Contract Forms .................................. 84 4............................................................................................................................................ Liability of the Consultant ............................................................ Commencement of Services . Effectiveness of Contract ........................ 84 B...............................................................................................................................................Consultant’s Services Lump-Based Section 6....................................................................... COMMENCEMENT............................................... 83 A....... Modifications or Variations .......... Force Majeure ............................................... 81 II.................................................................................................... Confidentiality ........................................................................................................................... 73 I.. Bank Policy – Corrupt and Fraudulent Practices ................................................................................. 84 10......................................................................................... Suspension ... Headings .......... 91 77 | P a g e ................... 89 21......................... Termination of Contract for Failure to Become Effective ...................................................................................................................... 87 19........................................................................ 89 22............................................... ............................................. Replacement of Key Experts .......................................................... 95 43................................................................. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS .............................................................................................................. Facilities and Property of the Client ............ Removal of Experts or Sub-consultants.......................................................... 92 32........................................................................................ 92 29....................... Dispute Resolution..................................................... Description of Key Experts ............................................................................................................................................................. 99 IV.................. 92 30..........Key Experts ... PAYMENTS TO THE CONSULTANT ..Form of Advance Payments Guarantee ..... 91 D................................................................................................... 92 E..................................................................... 93 35................................................................................................................................................................. SETTLEMENT OF DISPUTES .................................. Access to Project Site ............... 94 42. Vehicles and Materials ................ FAIRNESS AND GOOD FAITH ................................................................................. Good Faith .................................. 105 Appendix A – Terms of Reference ..................... 94 38.......................................................................................................... 92 31... 97 III..... Taxes and Duties.................................................................................................................................... Appendices ...Consultant’s Services Lump-Based 27.................................... Change in the Applicable Law Related to Taxes and Duties ..................................................................... 95 G... Amicable Settlement ................................................. 94 41............................... 91 28....... 94 36........................................................ 95 H................................................................ Special Conditions of Contract ............................................................... 94 F................................................ 94 37......................... Contract Price ...................................................................................................................................... Interest on Delayed Payments ............................................. 94 39...................... 93 34........................ 105 Appendix D ....... 92 33....................................................................... Assistance and Exemptions ................... 96 45........................................... 96 44.............. 107 78 | P a g e .......................................... 105 Appendix B ............................... Mode of Billing and Payment ......................................................................................................... Proprietary Rights of the Client in Reports and Records ................................................. Counterpart Personnel ........... Payment Obligation .... 105 Appendix C – Breakdown of Contract Price ...................................................................... 96 Attachment 1: Bank’s Policy – Corrupt and Fraudulent Practices ................................... Services............................................................................................................. OBLIGATIONS OF THE CLIENT ....................................................................................................................................... 94 40................... Currency of Payment .......................................................... Equipment............................................... NELSAP/NCORE/CS/014 Between Client: NILE BASIN INITIATIVE (NELSAP) Country: KENYA And [Name of the Consultant] Dated: 79 | P a g e . CIWA-TF 013767 Contract No.Consultant’s Services Lump-Based CONTRACT FOR CONSULTANT’S SERVICES Lump-Sum Project Name NILE COOPERATION FOR RESULTS (NCORE) [Loan/Credit/Grant] No. . (ii) such payments will be subject. the above should be partially amended to read as follows: “…(hereinafter called the “Client”) and. between. to the terms and conditions of the grant agreement. to the knowledge of the Bank. all notes should be deleted in the final text) This CONTRACT (hereinafter called the “Contract”) is made the [number] day of the month of [month]. is prohibited by the decision of the United Nations Security council taken under Chapter VII of the Charter of the United Nations. Form of Contract LUMP-SUM (Text in brackets [ ] is optional. on the one hand. or for any import of goods.] WHEREAS (a) The Client has requested the Consultant to provide certain consulting services as defined in this Contract (hereinafter called the “Services”).I. namely. if such payment or import. in all respects. Nile Basin Initiative/Nile Equatorial Lakes Subsidiary Action Program (hereinafter called the “Client”) and. The following documents attached hereto shall be deemed to form an integral part of this Contract: (a) (b) (c) The General Conditions of Contract (including Attachment 1 “Bank Policy – Corrupt and Fraudulent Practices). it being understood that (i) payments by the Bank will be made only at the request of the Client and upon approval by the Bank. (c) the Client has received a grant from the World Bank through the Cooperation on International Waters for Africa (CIWA) Multi-Donor Trust Fund administered by the International Development Association (IDA): toward the cost of the Services and intends to apply a portion of the proceeds of this grant to eligible payments under this Contract. [name of Consultant] (hereinafter called the “Consultant”). expertise and technical resources. and (iii) no party other than the Client shall derive any rights from the grant agreement or have any claim to the grant proceeds. [name of member] and [name of member] (hereinafter called the “Consultant”). including prohibitions of withdrawal from the grant account for the purpose of any payment to persons or entities. (b) the Consultant. on the other hand. NOW THEREFORE the parties hereto hereby agree as follows: 1. on the other hand. The Special Conditions of Contract. Appendices: Appendix A: Terms of Reference 81 | P a g e . each member of which will be jointly and severally liable to the Client for all the Consultant’s obligations under this Contract. [If the Consultant consist of more than one entity. has agreed to provide the Services on the terms and conditions set forth in this Contract. Form of Contract Lump-Sum I. [year]. having represented to the Client that it has the required professional skills. a Joint Venture (name of the JV) consisting of the following entities. including Attachment 1. the General Conditions of Contract. in particular: (a) (b) The Consultant shall carry out the Services in accordance with the provisions of the Contract. Appendix B. Appendix D. either all members shall sign or only the lead member. and The Client shall make payments to the Consultant in accordance with the provisions of the Contract. Any reference to this Contract shall include. the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.I. a reference to its Appendices. For and on behalf of each of the members of the Consultant [insert the Name of the Joint Venture] [Name of the lead member] [Authorized Representative on behalf of a Joint Venture] [Add signature blocks for each member if all are signing] 82 | P a g e . 2. Appendix C. where the context permits. the following order of precedence shall prevail: the Special Conditions of Contract. in which case the power of attorney to sign on behalf of all members shall be attached. Form of Contract Appendix B: Appendix C: Appendix D: Lump-Sum Key Experts Breakdown of Contract Price Form of Advance Payments Guarantee In the event of any inconsistency between the documents. IN WITNESS WHEREOF. For and on behalf of the Nile Basin Initiative/Nile Equatorial Lakes Subsidiary Action Program Executive Director For and on behalf of [Name of Consultant or Name of a Joint Venture] [Authorized Representative of the Consultant – name and signature] [For a joint venture. The mutual rights and obligations of the Client and the Consultant shall be as set forth in the Contract. Appendix A. (b) “Applicable Law” means the laws and any other instruments having the force of law in the Client’s country. as they may be issued and in force from time to time. Key Experts. collectively. (k) “Foreign Currency” means any currency other than the currency of the Client’s country. Definitions 1. knowledge and experience are critical to the performance of the Services under the Contract and whose Curricula Vitae (CV) was taken into account in the technical evaluation of the 83 | P a g e . Lump-Sum General Conditions of Contract A. (l) “GCC” means these General Conditions of Contract. the Special Conditions (SCC). and the Appendices). (h) “Day” means a working day unless indicated otherwise. (g) “Contract” means the legally binding written agreement signed between the Client and the Consultant and which includes all the attached documents listed in its paragraph 1 of the Form of Contract (the General Conditions (GCC). GENERAL PROVISIONS 1. the following terms whenever used in this Contract have the following meanings: (a) “Applicable Guidelines” means Guidelines for Selection and Employment of Consultants under IBRD Loans and IDA Credits & Grants by World Bank Borrowers. (f) “Consultant” means a legally-established professional consulting firm or entity selected by the Client to provide the Services under the signed Contract.1. Unless the context otherwise requires. (m) “Government” means the government of the Client’s country. dated January 2011. qualifications. (d) “Borrower” means the Government. (e) “Client” means the implementing agency that signs the Contract for the Services with the Selected Consultant. (o) “Key Expert(s)” means an individual professional whose skills. General Conditions of Contract II. Non-Key Experts. (i) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GCC 11. (j) “Experts” means. or in such other country as may be specified in the Special Conditions of Contract (SCC). (n) “Joint Venture (JV)” means an association with or without a legal personality distinct from that of its members. Sub-consultant or JV member(s) assigned by the Consultant to perform the Services or any part thereof under the Contract. of more than one entity where one member has the authority to conduct all businesses for and on behalf of any and all the members of the JV. and where the members of the JV are jointly and severally liable to the Client for the performance of the Contract.II. or any other personnel of the Consultant. (c) “Bank” means the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA). Government agency or other entity that signs the financing agreement with the Bank. II. General Conditions of Contract Lump-Sum Consultant’s proposal. “Local Currency” means the currency of the Client’s country. “Non-Key Expert(s)” means an individual professional provided by the Consultant or its Sub-consultant to perform the Services or any part thereof under the Contract. (r) “Party” means the Client or the Consultant, as the case may be, and “Parties” means both of them. (s) “SCC” means the Special Conditions of Contract by which the GCC may be amended or supplemented but not over-written. (t) “Services” means the work to be performed by the Consultant pursuant to this Contract, as described in Appendix A hereto. (u) “Sub-consultants” means an entity to whom/which the Consultant subcontracts any part of the Services while remaining solely liable for the execution of the Contract. (v) “Third Party” means any person or entity other than the Government, the Client, the Consultant or a Sub-consultant. 2.1. Nothing contained herein shall be construed as establishing a relationship Relationship of master and servant or of principal and agent as between the Client and between the Parties the Consultant. The Consultant, subject to this Contract, has complete charge of the Experts and Sub-consultants, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder. 3.1. This Contract, its meaning and interpretation, and the relation between the Law Governing Parties shall be governed by the Applicable Law. Contract 4.1. This Contract has been executed in the language specified in the SCC, Language which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. 5.1. The headings shall not limit, alter or affect the meaning of this Contract. Headings Communications 6.1. Any communication required or permitted to be given or made pursuant to this Contract shall be in writing in the language specified in Clause GCC 4. 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 SCC. (p) (q) 2. 3. 4. 5. 6. 7. 8. 9. 10. 6.2. A Party may change its address for notice hereunder by giving the other Party any communication of such change to the address specified in the SCC. 7.1. The Services shall be performed at such locations as are specified in Location Appendix A hereto 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 Client may approve. 8.1. In case the Consultant is a Joint Venture, the members hereby authorize Authority of the member specified in the SCC to act on their behalf in exercising all the Member in Charge Consultant’s rights and obligations towards the Client under this Contract, including without limitation the receiving of instructions and payments from the Client. 9.1. Any action required or permitted to be taken, and any document required or Authorized permitted to be executed under this Contract by the Client or the Consultant Representatives may be taken or executed by the officials specified in the SCC. 10.1. The Bank requires compliance with its policy in regard to corrupt Corrupt and 84 | P a g e II. General Conditions of Contract Lump-Sum and fraudulent practices as set forth in Attachment 1 to the GCC. Fraudulent Practices The Client requires the Consultant to disclose any commissions, a. Commissions 10.2. gratuities or fees that may have been paid or are to be paid to agents or any and Fees other party with respect to the selection process or execution of the Contract. The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee. Failure to disclose such commissions, gratuities or fees may result in termination of the Contract and/or sanctions by the Bank. B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT 11.1. This Contract shall come into force and effect on the date (the “Effective Date”) of the Client’s notice to the Consultant instructing the Consultant to begin carrying out the Services. This notice shall confirm that the effectiveness conditions, if any, listed in the SCC have been met. 12.1. If this Contract has not become effective within such time period Termination of after the date of Contract signature as specified in the SCC, either Party Contract for may, by not less than twenty two (22) days written notice to the other Failure to Become Party, declare this Contract to be null and void, and in the event of such a Effective declaration by either Party, neither Party shall have any claim against the other Party with respect hereto. The Consultant shall confirm availability of Key Experts and begin Commencement of13.1. carrying out the Services not later than the number of days after the Services Effective Date specified in the SCC. 14.1. Unless terminated earlier pursuant to Clause GCC 19 hereof, this Expiration of Contract shall expire at the end of such time period after the Effective Date Contract as specified in the SCC. This Contract contains all covenants, stipulations and provisions Entire Agreement 15.1. agreed by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. Any modification or variation of the terms and conditions of this Modifications or 16.1. Contract, including any modification or variation of the scope of the Variations Services, may only be made by written agreement between the Parties. However, each Party shall give due consideration to any proposals for modification or variation made by the other Party. 11. Effectiveness of Contract 12. 13. 14. 15. 16. 16.2. In cases of substantial modifications or variations, the prior written consent of the Bank is required. 17. Force Majeure a. Definition 17.1. For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party, is not foreseeable, is unavoidable, and makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible under the circumstances, and subject to those requirements, includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other 85 | P a g e II. General Conditions of Contract Lump-Sum industrial action confiscation or any other action by Government agencies. 17.2. Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party’s Experts, Subconsultants or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both take into account at the time of the conclusion of this Contract, and avoid or overcome in the carrying out of its obligations hereunder. 17.3. Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder. b. The failure of a Party to fulfill any of its obligations hereunder shall No Breach of17.4. not be considered to be a breach of, or default under, this Contract insofar Contract as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract. c. 17.5. A Party affected by an event of Force Majeure shall continue to Measures to be perform its obligations under the Contract as far as is reasonably practical, Taken and shall take all reasonable measures to minimize the consequences of any event of Force Majeure. 17.6. A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any case not later than fourteen (14) calendar days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible. 17.7. Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. 17.8. During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultant, upon instructions by the Client, shall either: (a) demobilize, in which case the Consultant shall be reimbursed for additional costs they reasonably and necessarily incurred, and, if required by the Client, in reactivating the Services; or (b) continue with the Services to the extent reasonably possible, in which case the Consultant shall continue to be paid under the terms of this Contract and be reimbursed for additional costs reasonably and necessarily incurred. 17.9. In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clauses GCC 44 & 45. 86 | P a g e The Client may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (f) of this Clause. if any of its members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary. by written notice of suspension to the Consultant. after giving fourteen (14) calendar days written notice to the Consultant. collusive. The Client may. In such an occurrence the Client shall give at least thirty (30) calendar days’ written notice of termination to the Consultant in case of the events referred to in (a) through (d). This Contract may be terminated by either Party as per provisions set up below: 19.1.2. as the result of Force Majeure. and at least five (5) calendar days’ written notice in case of the event referred to in (f): (a) If the Consultant fails to remedy a failure in the performance of its obligations hereunder. (f) If the Consultant fails to confirm availability of Key Experts as required in Clause GCC 13.1. 87 | P a g e .1. (d) If. fraudulent.1.1. including the carrying out of the Services. then the Client may. terminate the Consultant's employment under the Contract. Furthermore. 19. General Conditions of Contract 18. if the Consultant consists of more than one entity. (c) If the Consultant fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GCC 45. Termination a. at least sixty (60) calendar days’ written notice in case of the event referred to in (e). and (ii) shall request the Consultant to remedy such failure within a period not exceeding thirty (30) calendar days after receipt by the Consultant of such notice of suspension. Suspension 19. coercive or obstructive practices. 19.1. the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) calendar days. (e) If the Client. suspend all payments to the Consultant hereunder if the Consultant fails to perform any of its obligations under this Contract. By the Client Lump-Sum 18. (b) If the Consultant becomes (or. as specified in a notice of suspension pursuant to Clause GCC 18. provided that such notice of suspension (i) shall specify the nature of the failure. in its sole discretion and for any reason whatsoever.II. decides to terminate this Contract. if the Client determines that the Consultant has engaged in corrupt. in competing for or in executing the Contract. By the Consultant Lump-Sum 19. (a) If the Client fails to pay any money due to the Consultant pursuant to this Contract and not subject to dispute pursuant to Clause GCC 45.1.1. respectively.II. Upon termination of this Contract.5.1. and (b) in the case of termination pursuant to paragraphs (d) and (e) of Clause GCC 19. or upon expiration of this Contract pursuant to Clause GCC 14. the Client shall make the following payments to the Consultant: (a) payment for Services satisfactorily performed prior to the effective date of termination.1. immediately upon dispatch or receipt of such notice.1. by not less than thirty (30) calendar days’ written notice to the Client. except (i) such rights and obligations as may have accrued on the date of termination or expiration. Cessation of Rights and Obligations 19. Cessation of Services 19. reimbursement of any reasonable cost incidental to the prompt and orderly termination of this 88 | P a g e . by Clauses GCC 27 or GCC 28.3. Payment upon Termination 19. The Consultant may terminate this Contract.1.6. With respect to documents prepared by the Consultant and equipment and materials furnished by the Client. d. in case of the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause. (c) If the Client fails to comply with any final decision reached as a result of arbitration pursuant to Clause GCC 45. (ii) the obligation of confidentiality set forth in Clause GCC 22. Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GCC 19a or GCC 19b. the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) calendar days.1. Upon termination of this Contract pursuant to Clauses GCC 12 or GCC 19 hereof. and (iv) any right which a Party may have under the Applicable Law. the Consultant shall proceed as provided. copying and auditing of their accounts and records set forth in Clause GCC 25. take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. all rights and obligations of the Parties hereunder shall cease. as the result of Force Majeure.4. (d) If the Client is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty-five (45) days (or such longer period as the Consultant may have subsequently approved in writing) following the receipt by the Client of the Consultant’s notice specifying such breach. c. (b) If. (iii) the Consultant’s obligation to permit inspection. General Conditions of Contract b. the Consultant shall. e.1 within forty-five (45) calendar days after receiving written notice from the Consultant that such payment is overdue. Throughout the execution of the Contract. Consultant Not 21. and shall observe sound management practices. 21. General Conditions of Contract Lump-Sum Contract.1.1 The payment of the Consultant pursuant to GCC F (Clauses 89 | P a g e . Conflict of Interests a.5. 20. General a. or entity in that country. Standard of Performance 20.1. The Consultant may subcontract part of the Services to an extent and with such Key Experts and Sub-consultants as may be approved in advance by the Client. OBLIGATIONS OF THE CONSULTANT 20. the Consultant shall retain full responsibility for the Services. Law Applicable to Services 20. The Consultant shall perform the Services in accordance with the Contract and the Applicable Law and shall take all practicable steps to ensure that any of its Experts and Sub-consultants. Notwithstanding such approval. 20. The Client shall notify the Consultant in writing of relevant local customs. respect such customs. 20. in accordance with generally accepted professional standards and practices. including the cost of the return travel of the Experts. 21. 20. the Borrower’s Country prohibits any import of goods from that country or any payments to any country. the Consultant shall comply with the import of goods and services prohibitions in the Client’s country when (a) as a matter of law or official regulations. The Consultant shall hold the Client’s interests paramount. The Consultant shall always act. in respect of any matter relating to this Contract or to the Services.3. and strictly avoid conflict with other assignments or their own corporate interests.6. without any consideration for future work. comply with the Applicable Law. the Borrower’s country prohibits commercial relations with that country. or (b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. materials and methods. as a faithful adviser to the Client. and employ appropriate technology and safe and effective equipment. and shall at all times support and safeguard the Client’s legitimate interests in any dealings with the third parties. and the Consultant shall. person. The Consultant shall employ and provide such qualified and experienced Experts and Sub-consultants as are required to carry out the Services.4. C. machinery. efficiency and economy.1 The Consultant shall perform the Services and carry out the Services with all due diligence. b.2.II. after such notification. Lump-Sum GCC 38 through 42) shall constitute the Consultant’s only payment in connection with this Contract and. nor shall the Consultant and the Experts make public the recommendations formulated in the course of. the Consultant shall comply with the Bank’s Applicable Guidelines.1 The Consultant (i) shall take out and maintain.5 The Consultant has an obligation and shall ensure that its Experts and Sub-consultants shall have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of their Client.1. either directly or indirectly.3. unless otherwise indicated in the SCC. works or non-consulting services resulting from or directly related to the Consultant’s Services for the preparation or implementation of the project. if any.2 Furthermore. Any discounts or commissions obtained by the Consultant in the exercise of such procurement responsibility shall be for the account of the Client. Liability of the Consultant 23. and the Consultant shall use its best efforts to ensure that any Sub-consultants. and shall cause its Experts as well as its Sub-consultants not to engage. as the case may be) own cost but on terms and conditions approved by the Client. if the Consultant. b.II.3 The Consultant agrees that. General Conditions of Contract to Benefit from Commissions. in any business or professional activities that would conflict with the activities assigned to them under this Contract.1. 24. 21. the Consultant and the Experts shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services. and shall at all times exercise such responsibility in the best interest of the Client. at its (or the Sub-consultants’. shall be disqualified from providing goods. Confidentiality 22. Consultant and Affiliates Not to Engage in Certain Activities 21. insurance against the risks. the Consultant and any entity affiliated with the Consultant. discount or similar payment in connection with activities pursuant to this Contract or in the discharge of its obligations hereunder. Insurance to be Taken out by the Consultant 24.1 Except with the prior written consent of the Client. etc. has the responsibility of advising the Client on the procurement of goods. or as a result of.1. Strict Duty to Disclose Conflicting Activities 21. during the term of this Contract and after its termination. c. subject to Clause GCC 21.4 The Consultant shall not engage. Discounts. or that may reasonably be perceived as having this effect. and shall cause any Sub-consultants to take out and maintain. and for the coverage specified in the 90 | P a g e . works or services. d. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract. as well as the Experts and agents of either of them. set forth in the SCC. the Consultant shall not accept for its own benefit any trade commission. the Consultant’s liability under this Contract shall be provided by the Applicable Law. as part of the Services. similarly shall not receive any such additional payment.1. Prohibition of Conflicting Activities 21. as well as any Sub-consultants and any entity affiliated with such Sub-consultants. the Services. 23.1 Subject to additional provisions.1. 22. and the Client shall be entitled at its discretion to require recovering the expenses related to the development of the program(s) concerned.1 The Consultant shall keep. The Consultant shall. data and/or software but shall not use the same for purposes unrelated to this Contract without prior written approval of the Client. The Consultant may retain a copy of such documents.2 If license agreements are necessary or appropriate between the Consultant and third parties for purposes of development of the plans.1 The Consultant shall submit to the Client the reports and documents specified in Appendix A. 25. plans.II. the Consultant shall make available to the Client an inventory of such 91 | P a g e .1 Unless otherwise indicated in the SCC. databases. all reports and relevant data and information such as maps. Other restrictions about the future use of these documents and software.1 Equipment. accurate and systematic accounts and records in respect of the Services and in such form and detail as will clearly identify relevant time changes and costs.2 constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility under the Bank’s prevailing sanctions procedures. diagrams. 28. inter alia. that acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under this Clause GCC25. other documents and software. not later than upon termination or expiration of this Contract. together with a detailed inventory thereof.2 The Consultant shall permit and shall cause its Sub-consultants to permit. 25. 27. Equipment. if any. specifications. The Consultant’s attention is drawn to Clause GCC 10 which provides. and to have such accounts and records audited by auditors appointed by the Bank if requested by the Bank. Proprietary Rights of the Client in Reports and Records 27. The Consultant shall ensure that such insurance is in place prior to commencing the Services as stated in Clause GCC 13. other documents and software. supporting records or material compiled or prepared by the Consultant for the Client in the course of the Services shall be confidential and become and remain the absolute property of the Client. drawings. or purchased by the Consultant wholly or partly with funds provided by the Client. Vehicles and Materials 28. in the form. in the numbers and within the time periods set forth in the said Appendix. shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums therefore have been paid. shall be specified in the SCC. General Conditions of Contract Lump-Sum SCC. and shall make all reasonable efforts to cause its Sub-consultants to keep. the Bank and/or persons appointed by the Bank to inspect the Site and/or all accounts and records relating to the performance of the Contract and the submission of the Proposal to provide the Services. Inspection and Auditing 25.) 26. Upon termination or expiration of this Contract. Accounting. designs. and (ii) at the Client’s request. Reporting Obligations 26. shall be the property of the Client and shall be marked accordingly. deliver all such documents to the Client. databases. the Consultant shall obtain the Client’s prior written approval to such agreements. 27. vehicles and materials made available to the Consultant by the Client. In such case. 31. Replacement of Key Experts 30. coercive or obstructive practice while performing the Services. including but not limited to death or medical incapacity. the substitution of Key Experts during Contract execution may be considered only based on the Consultant’s written request and due to circumstances outside the reasonable control of the Consultant. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS 29. 30. shall insure them at the expense of the Client in an amount equal to their full replacement value.3 Any replacement of the removed Experts or Sub-consultants shall possess better qualifications and experience and shall be acceptable to the Client. specifying the grounds therefore.2 In the event that any of Key Experts. 31. 31. fraudulent. 28. the Client. no changes shall be made in the Key Experts. E. and at the same rate of remuneration.1 Except as the Client may otherwise agree in writing.2 Any equipment or materials brought by the Consultant or its Experts into the Client’s country for the use either for the project or personal use shall remain the property of the Consultant or the Experts concerned. the Consultant.1 Unless otherwise specified in the SCC.1 If the Client finds that any of the Experts or Sub-consultant has committed serious misconduct or has been charged with having committed a criminal action. the Consultant shall. Removal of Experts or Sub-consultants 31.1 The title. the Consultant shall forthwith provide as a replacement. at the Client’s written request. Assistance and Exemptions 32. minimum qualification and estimated period of engagement to carry out the Services of each of the Consultant’s Key Experts are described in Appendix B. may request the Consultant to provide a replacement. While in possession of such equipment.2 Notwithstanding the above.II. vehicles and materials in accordance with the Client’s instructions. D. agreed job description. provide a replacement. OBLIGATIONS OF THE CLIENT 32. vehicles and materials. unless otherwise instructed by the Client in writing. General Conditions of Contract Lump-Sum equipment. the Client shall use its best 92 | P a g e . vehicles and materials and shall dispose of such equipment. Description of Key Experts 29. 30. collusive. or shall the Client determine that Consultant’s Expert of Sub-consultant have engaged in corrupt. a person of equivalent or better qualifications and experience. as applicable. Non-Key Experts or Subconsultants is found by the Client to be incompetent or incapable in discharging assigned duties. 31.4 The Consultant shall bear all costs arising out of or incidental to any removal and/or replacement of such Experts. (e) Assist the Consultant. (c) Issue to officials. Access to Project Site 33.1 The Client warrants that the Consultant shall have.II. then the remuneration and reimbursable expenses otherwise payable to the Consultant under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto. if appropriate. pursuant to the applicable law in the Client’s country. residence permits. and 93 | P a g e . for the Experts and. any Sub-consultants and the Experts of either of them with obtaining the privilege. 34. unless such damage is caused by the willful default or negligence of the Consultant or any Sub-consultants or the Experts of either of them. exchange permits and any other documents required for their stay in the Client’s country while carrying out the Services under the Contract. agents and representatives of the Government all such instructions and information as may be necessary or appropriate for the prompt and effective implementation of the Services. Change in the Applicable Law Related to Taxes and Duties 34. there is any change in the applicable law in the Client’s country with respect to taxes and duties which increases or decreases the cost incurred by the Consultant in performing the Services. their eligible dependents. (c) Facilitate prompt clearance through customs of any property required for the Services and of the personal effects of the Experts and their eligible dependents.1 If. General Conditions of Contract Lump-Sum efforts to: (a) Assist the Consultant with obtaining work permits and such other documents as shall be necessary to enable the Consultant to perform the Services. (d) Assist the Consultant and the Experts and any Sub-consultants employed by the Consultant for the Services with obtaining exemption from any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity in the Client’s country according to the applicable law in the Client’s country. free of charge. all necessary entry and exit visas. of bringing into the Client’s country reasonable amounts of foreign currency for the purposes of the Services or for the personal use of the Experts and of withdrawing any such amounts as may be earned therein by the Experts in the execution of the Services. (b) Assist the Consultant with promptly obtaining. The Client will be responsible for any damage to the project site or any property thereon resulting from such access and will indemnify the Consultant and each of the experts in respect of liability for any such damage. after the date of this Contract. (f) Provide to the Consultant any such other assistance as may be specified in the SCC. 33. unimpeded access to the project site in respect of which access is required for the performance of the Services. 1 The Contract price is fixed and is set forth in the SCC. The Contract price breakdown is provided in Appendix C.1 The Client shall make available to the Consultant and the Experts. shall work under the exclusive direction of the Consultant. PAYMENTS TO THE CONSULTANT 38. Sub-consultants and Experts are responsible for meeting any and all tax liabilities arising out of the Contract unless it is stated otherwise in the SCC. and the Client shall not unreasonably refuse to act upon such request.2 Any change to the Contract price specified in Clause 38. for the purposes of the Services and free of any charge.II. Currency of Payment 40. facilities and property described in the Terms of Reference (Appendix A) at the times and in the manner specified in said Appendix A. 39.1 The total payments under this Contract shall not exceed the Contract price set forth in Clause GCC 38.2 As an exception to the above and as stated in the SCC. excluding Client’s liaison personnel.1. 41. If any member of the counterpart personnel fails to perform adequately any work assigned to such member by the Consultant that is consistent with the position occupied by such member. 36. Facilities and Property of the Client 35. the Client shall make such payments to the Consultant for the deliverables specified in Appendix A and in such manner as is provided by GCC F below.1 The Consultant. 40.1 35. 37. Taxes and Duties 39. 41. General Conditions of Contract Lump-Sum corresponding adjustments shall be made to the Contract price amount specified in Clause GCC 38. The payments 94 | P a g e .1 can be made only if the Parties have agreed to the revised scope of Services pursuant to Clause GCC 16 and have amended in writing the Terms of Reference in Appendix A.1 Any payment under this Contract shall be made in the currency (ies) of the Contract. F. 36. to be nominated by the Client with the Consultant’s advice. if specified in Appendix A. Counterpart Personnel 36. the Consultant may request the replacement of such member.1 In consideration of the Services performed by the Consultant under this Contract.1 The Client shall make available to the Consultant free of charge such professional and support counterpart personnel. 39. Services. Payment Obligation 37. all local identifiable indirect taxes (itemized and finalized at Contract negotiations) are reimbursed to the Consultant or are paid by the Client on behalf of the Consultant. Mode of Billing and Payment 41.2 The payments under this Contract shall be made in lump-sum installments against deliverables specified in Appendix A. 38.2 Professional and support counterpart personnel. the services. Contract Price 38. The Services shall then be deemed completed and finally accepted by the Client. 41.2 . and (ii) is to be in the form set forth in Appendix D. the final report.2. The payment can be withheld if the Client does not approve the submitted deliverable(s) as satisfactory in which case the Client shall provide comments to the Consultant within the same sixty (60) days period. G.2. General Conditions of Contract Lump-Sum will be made according to the payment schedule stated in the SCC.The final payment under this Clause shall be made only after the final report l have been submitted by the Consultant and approved as satisfactory by the Client. Interest on Delayed Payments 42.II. 41. 41.1 If the Client had delayed payments beyond fifteen (15) days after the due date stated in Clause GCC 41. and thereafter the foregoing process shall be repeated. payments do not constitute acceptance of the whole Services nor relieve the Consultant of any obligations hereunder. or in such other form as the Client shall have approved in writing. The last lump-sum installment shall be deemed approved for payment by the Client within ninety (90) calendar days after receipt of the final report by the Client unless the Client. Good Faith 43. 41. within such ninety (90) calendar day period. Such guarantee (i) is to remain effective until the advance payment has been fully set off. FAIRNESS AND GOOD FAITH 43.2.2 The Lump-Sum Installment Payments. 41.2.1 Advance payment: Unless otherwise indicated in the SCC. such due date for each day of delay at the annual rate stated in the SCC. an advance payment shall be made against an advance payment bank guarantee acceptable to the Client in an amount (or amounts) and in a currency (or currencies) specified in the SCC.3 above.4 All payments under this Contract shall be made to the accounts of the Consultant specified in the SCC. not paid on. The Client shall pay the Consultant within sixty (60) days after the receipt by the Client of the deliverable(s) and the cover invoice for the related lump-sum installment payment. The Consultant shall thereupon promptly make any necessary corrections.4 With the exception of the final payment under 41.2. The Consultant shall thereupon promptly make any necessary corrections. gives written notice to the Consultant specifying in detail deficiencies in the Services.2. The advance payments will be set off by the Client in equal portions against the lump-sum installments specified in the SCC until said advance payments have been fully set off.2.1 The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to 95 | P a g e .3 The Final Payment . interest shall be paid to the Consultant on any amount due by. and thereafter the foregoing process shall be repeated. 42. 96 | P a g e .1 The Parties shall seek to resolve any dispute amicably by mutual consultation. Dispute Resolution 45.2 If either Party objects to any action or inaction of the other Party. 45.1 Any dispute between the Parties arising under or related to this Contract that cannot be settled amicably may be referred to by either Party to the adjudication/arbitration in accordance with the provisions specified in the SCC. the objecting Party may file a written Notice of Dispute to the other Party providing in detail the basis of the dispute.1 shall apply. 44. Clause GCC 49. SETTLEMENT OF DISPUTES 44. or the dispute cannot be amicably settled within fourteen (14) days following the response of that Party. General Conditions of Contract Lump-Sum ensure the realization of the objectives of this Contract. The Party receiving the Notice of Dispute will consider it and respond in writing within fourteen (14) days after receipt. If that Party fails to respond within fourteen (14) days. H.II. Amicable Settlement 44. and the “act or omission” is intended to influence the selection process or contract execution. and/or their employees. “party” refers to a public official. sub-consultants. falsifying. General Conditions of Contract – Attachment 1 Lump-Sum II. service providers. and any personnel thereof. the terms set forth below as follows: (i) “corrupt practice” is the offering.23 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans). including misrepresentation. 13 For the purpose of this sub-paragraph. non-competitive levels. observe the highest standard of ethics during the selection and execution of Bank-financed contracts [footnote: In this context. 14 For the purpose of this sub-paragraph. suppliers. a party to obtain financial or other benefit or to avoid an obligation13. or its sub-consultants. sub-contractors. 97 | P a g e . or soliciting. 15 For the purpose of this sub-paragraph. or through another person or entity not participating in the procurement or selection process. the Bank: (a) defines. receiving. In pursuance of this policy. General Conditions Attachment 1: Bank’s Policy – Corrupt and Fraudulent Practices (the text in this Attachment 1 shall not be modified) Guidelines for Selection and Employment of Consultants under IBRD Loans and IDA Credits & Grants by World Bank Borrowers. for the purposes of this provision. “parties” refers to participants in the procurement or selection process (including public officials) attempting either themselves. sub-contractors. giving. including to influence improperly the actions of another party14. that knowingly or recklessly misleads. the terms “benefit” and “obligation” relate to the selection process or contract execution. (ii) “fraudulent practice” is any act or omission. any party or the property of the party to influence improperly the actions of a party15. In this context “public official” includes World Bank staff and employees of other organizations taking or reviewing selection decisions. to simulate competition or to establish prices at artificial. or are privy to each other’s bid prices or other conditions. of anything of value to influence improperly the actions of another party12. and their agents (whether declared or not). services providers. consultants. any action taken by a consultant or any of its personnel. “another party” refers to a public official acting in relation to the selection process or contract execution. (iv) “coercive practices” is impairing or harming. altering. dated January 2011: “Fraud and Corruption 1. or threatening to impair or harm. directly or indirectly. or attempts to mislead.II. or suppliers. “party” refers to a participant in the selection process or contract execution.]. or concealing of evidence material to the investigation or making false statements to investigators in order to materially 12 For the purpose of this sub-paragraph. to influence the selection process or contract execution for undue advantage is improper. (iii) “collusive practices” is an arrangement between two or more parties designed to achieve an improper purpose. (v) “obstructive practice” is (aa) deliberately destroying. or its agents. directly or indirectly. including by failing to inform the Bank in a timely manner they knew of the practices. suppliers. or service provider is one which has been either (i) included by the consultant in its proposal because it brings specific and critical experience and know-how that are accounted for in the technical evaluation of the consultant’s proposal for the particular services. and/or their employees. harassing. fraudulent. fraudulent. directly or indirectly. or (ii) appointed by the Borrower. See footnote 12 and paragraph 8 of Appendix 1 of these Guidelines. including inter alia: cross-debarment as agreed with other International Financial Institutions. has. or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation. supplier. (b) will reject a proposal for award if it determines that the consultant recommended for award or any of its personnel. collusive. and (ii) as a result of temporary suspension or early temporary suspension in connection with an ongoing sanctions proceedings. (c) will declare misprocurement and cancel the portion of the Loan allocated to a contract if it determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the Loan were engaged in corrupt. engaged in corrupt. General Conditions of Contract – Attachment 1 impede a Bank investigation into allegations of a corrupt. (d) will sanction a firm or an individual at any time. supplier. sub-contractors. fraudulent. coercive. in accordance with prevailing Bank’s sanctions procedures16. coercive. 98 | P a g e . or (bb) acts intended to materially impede the exercise of the Bank’s inspection and audit rights. or service provider of an otherwise eligible firm being awarded a Bankfinanced contract. 17 A nominated sub-consultant. or collusive practice. or its agents. or obstructive practices during the selection process or the implementation of the contract in question. 16 A firm or an individual may be declared ineligible to be awarded a Bank-financed contract upon (i) completion of the Bank’s sanctions proceedings as per its sanctions procedures. including Multilateral Development Banks. either indefinitely or for a stated period of time: (i) to be awarded a Bank-financed contract. without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur. including by publicly declaring such firm or an ineligible. and through the application of the World Bank Group corporate administrative procurement sanctions procedures for fraud and corruption. coercive. and (ii) to be a nominated17 sub-consultant. or its sub-consultants. collusive. and/or threatening. or obstructive practices in competing for the contract in question.II. services providers. III. 99 | P a g e . ] The Lead Member on behalf of the JV is ___________ ______________________________ [insert name of the member] 9. state “N/A”. title] 11.P. 12.2 The addresses are: Client : Nile Basin Initiative / Nile Equatorial Lakes Subsidiary Action Program Attention : Regional Coordinator KN 81 St.1 The effectiveness conditions are the following: Endorsement of contract by parties to it. Clauses in the General Conditions of Contract 1. 6759 Kigali – Rwanda E-mail (where permitted): Consultant : Attention : Facsimile : E-mail (where permitted) : 8.1 Termination of Contract for Failure to Become Effective: The time period shall be 1 month. 13. Special Conditions of Contract III.1 [If the Consultant consists only of one entity.1 The Contract shall be construed in accordance with the law of Republic of Kenya 4.1 Commencement of Services: The number of days shall be fourteen (14) Confirmation of Key Experts’ availability to start the Assignment shall be submitted to the Client in writing as a written statement signed by each Key Expert. Kigali City Tower – 5th Floor B. the name of the JV member whose address is specified in Clause SCC6. OR If the Consultant is a Joint Venture consisting of more than one entity.1(b) and 3.1 The Authorized Representatives are: For the Client: NELSAP Regional Coordinator For the Consultant: [name. Lump-Sum Special Conditions of Contract [Notes in brackets are for guidance purposes only and should be deleted in the final text of the signed contract] Number of GC Clause Amendments of.1 The language is: English 6.. and Supplements to.1 and 6.1 should be inserted here. the Parties should be aware of the Bank’s policy on this matter which is as follows: To be acceptable to the Bank.III. (b) This limitation of liability shall not (i) affect the Consultant’s liability. 21 b.3 Yes______ 23. and (ii) for any direct loss or damage that exceeds one times the total value of the Contract. Special Conditions of Contract Lump-Sum 14. The Client reserves the right to determine on a case-by-case basis whether the Consultant should be disqualified from providing goods.1 Expiration of Contract: December 2016 The time period shall be 18 months 19. The Consultant’s liability shall not be limited to less 100 | P a g e . (ii) be construed as providing the Consultant with any limitation or exclusion from liability which is prohibited by the Applicable Law. the Consultant.1. any limitation of the Consultant’s liability should at the very least be reasonably related to (a) the damage the Consultant might potentially cause to the Client. shall not be liable to the Client: (i) for any indirect or consequential loss or damage.1(e) After Task 16 of “Feasibility Study Reports – Selection of Preferred Design Alternatives”.1 The following limitation of the Consultant’s Liability towards the Client can be subject to the Contract’s negotiations: “Limitation of the Consultant’s Liability towards the Client: (a) Except in the case of gross negligence or willful misconduct on the part of the Consultant or on the part of any person or a firm acting on behalf of the Consultant in carrying out the Services. if any.1. [Notes to the Client and the Consultant: Any suggestions made by the Consultant in the Proposal to introduce exclusions/limitations of the Consultant’s liability under the Contract should be carefully scrutinized by the Client and discussed with the Bank prior to accepting any changes to what was included in the issued RFP. for damage to Third Parties caused by the Consultant or any person or firm acting on behalf of the Consultant in carrying out the Services. works or nonconsulting services due to a conflict of a nature described in Clause GCC 21. with respect to damage caused by the Consultant to the Client’s property. and (b) the Consultant’s ability to pay compensation using its own assets and reasonably obtainable insurance coverage. the Client reserves the right to confirm to the Consultant if the assignment will proceed further or not subject to viability of the identified development alternatives. In this regard. 2 The Consultant shall not use the study reports for purposes unrelated to this Contract without the prior written approval of the Client.1 The insurance coverage against the risks shall be as follows: (a) Professional liability insurance. with a minimum coverage of 100% of the total ceiling amount of the Contract. the Consultant’s liability should never be limited for loss or damage caused by the Consultant’s gross negligence or willful misconduct. on the Consultant. 101 | P a g e .2 The Client warrants that: the Consultant. Special Conditions of Contract Lump-Sum than a multiplier of the total payments to the Consultant under the Contract for remuneration and reimbursable expenses. accident. fees. with a minimum coverage in accordance with the applicable law in the Client’s country. the Sub-consultants and the Experts in respect of: (a) any payments whatsoever made to the Consultant.III. The Bank does not accept a provision to the effect that the Client shall indemnify and hold harmless the Consultant against Third Party claims. 27.1 The Contract price is: ____________________ [insert amount and currency for each currency as applicable] exclusive of local indirect taxes. in connection with the carrying out of the Services. except. and (iii) any documents prepared by the Consultant in the performance of the Services. the Sub-consultants and the Experts shall be exempt from” any indirect taxes.] 24. levies and other impositions imposed. (d) employer’s liability and workers’ compensation insurance in respect of the experts and Sub-consultants in accordance with the relevant provisions of the applicable law in the Client’s country. with a minimum coverage in accordance with the applicable law in the Client’s country. travel or other insurance as may be appropriate. 39. health. under the applicable law in the Client’s country. of course. Sub-consultants and the Experts (other than nationals or permanent residents of the Client’s country). any such life.1 and 39.] 38. and (e) insurance against loss of or damage to (i) equipment purchased in whole or in part with funds provided under this Contract. with respect to such Experts. (c) Third Party liability insurance. if a claim is based on loss or damage caused by a default or wrongful act of the Client to the extent permissible by the law applicable in the Client’s country. duties. A statement to the effect that the Consultant is liable only for the re-performance of faulty Services is not acceptable to the Bank. Also. as well as. (b) Third Party motor vehicle liability insurance in respect of motor vehicles operated in the Client’s country by the Consultant or its Experts or Sub-consultants. (ii) the Consultant’s property used in the performance of the Services. as the case may be. Sub-consultants or Experts do not withdraw but dispose of any property in the Client’s country upon which customs duties and taxes have been exempted.2 The payment schedule: 1st Payment of 10% of the Contract Price shall be paid on submission of an acceptable Bank Guarantee for Advance Payment of the same amount 2nd Payment of 10% of the Contract Price shall be paid on submission of an acceptable Inception Report 3rd Payment of 20% of the Contract Price shall be paid upon submission of acceptable Interim Report 4th Payment of 30% of the Contract Price shall be paid upon submission of acceptable Final Feasibility Report Note: In case identified development options are found viable and agreed by the Client. the Consultant. thus making the 4th payment the Final payment for the contract. provided that: (i) the Consultant. Sub-consultants or Experts. or the eligible dependents of such experts for their personal use and which will subsequently be withdrawn by them upon their respective departure from the Client’s country. any Sub-consultants or the Experts (other than nationals or permanent residents of the Client’s country). (c) any equipment imported for the purpose of carrying out the Services and paid for out of funds provided by the Client and which is treated as property of the Client. 41. will be subsequently withdrawn by them. the assignment will proceed with further payments effected as detailed below. the Contract will be terminated. and (ii) if the Consultant. or (b) shall reimburse them to the Client if they were paid by the Client at the time the property in question was brought into the Client’s country. after having been brought into such territories. Sub-consultants and experts shall follow the usual customs procedures of the Client’s country in importing property into the Client’s country. Otherwise.III. Special Conditions of Contract Lump-Sum (b) any equipment. (d) any property brought into the Client’s country by the Consultant. (a) shall bear such customs duties and taxes in conformity with the regulations of the Client’s country. 5th payment of 20% of the Contract Price shall be paid upon submission of an acceptable Draft Detailed Design Report 6th and Final payment of 10% of the Contract Price shall be paid upon submission of an acceptable Final Detailed Design Report 102 | P a g e . materials and supplies brought into the Client’s country by the Consultant or Sub-consultants for the purpose of carrying out the Services and which. 1 The following provisions shall apply to the advance payment and the advance bank payment guarantee: (1) An advance payment of 10% of contract sum in foreign currency shall be made within fourteen (14) days after the receipt of an advance bank payment guarantee by the Client. either Party may apply to the Federation Internationale des Ingénieur-Conseil (FIDIC) of Lausanne. the third 103 | P a g e . If the last remaining nominee has not been determined in this manner within sixty (60) days of the date of the list.4 The accounts are: for foreign currency: [insert account]. on receipt of such list. a sole arbitrator for the matter in dispute. who shall chair the arbitration panel. the Parties shall alternately strike names therefrom. and (iii) Final Feasibility Report. for local currency: [insert account]. (2) The advance bank payment guarantee shall be in the amount and in the currency of the currency (ies) of the advance payment. and the last remaining nominee on the list shall be the sole arbitrator for the matter in dispute.III. and these two arbitrators shall jointly appoint a third arbitrator.1 Disputes shall be settled by arbitration in accordance with the following provisions: 1.1 The interest rate is: Consultant’s bank rate at the time interest becomes applicable. Switzerland for a list of not fewer than five (5) nominees and.2. upon the request of either Party and from such list or otherwise. (3) The bank guarantee will be released when the advance payment has been fully set off. Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator or an arbitration panel composed of three (3) arbitrators. (ii) Interim Report. 42. in accordance with the following provisions: (a) Where the Parties agree that the dispute concerns a technical matter. the Client and the Consultant shall each appoint one (1) arbitrator. the Fédération Internationale des Ingénieurs-Conseils (FIDIC) of Lausanne. Switzerland shall appoint. 41.2. If the arbitrators named by the Parties do not succeed in appointing a third arbitrator within thirty (30) days after the latter of the two (2) arbitrators named by the Parties has been appointed. they may agree to appoint a sole arbitrator or. failing agreement on the identity of such sole arbitrator within thirty (30) days after receipt by the other Party of the proposal of a name for such an appointment by the Party who initiated the proceedings. Special Conditions of Contract Lump-Sum 41. 45. (b) Where the Parties do not agree that the dispute concerns a technical matter. Selection of Arbitrators. The advance payment will be set off by the Client in equal portions against submission of acceptable (i) Inception Report. and the arbitrator appointed pursuant to such application shall be the sole arbitrator for that dispute. or (b) the country in which the Consultant’s [or any of their members’ or Parties’] principal place of business is located. 4. or (c) the country of nationality of a majority of the Consultant’s [or of any members’ or Parties’] shareholders. “home country” means any of: (a) the country of incorporation of the Consultant [If the Consultant consists of more than one entity. 5. arbitration proceedings shall be conducted in accordance with the rules of procedure for arbitration of the United Nations Commission on International Trade Law (UNCITRAL) as in force on the date of this Contract. or (d) the country of nationality of the Sub-consultants concerned.III. 104 | P a g e . unless otherwise agreed by the Parties. Lump-Sum arbitrator shall. Except as otherwise stated herein. where the dispute involves a subcontract. The sole arbitrator or the third arbitrator appointed pursuant to paragraphs 1(a) through 1(c) above shall be an internationally recognized legal or technical expert with extensive experience in relation to the matter in dispute and shall not be a national of the Consultant’s home country [If the Consultant consists of more than one entity. one Party fails to appoint its arbitrator within thirty (30) days after the other Party has appointed its arbitrator. in a dispute subject to paragraph (b) above. a substitute shall be appointed in the same manner as the original arbitrator. and the Parties hereby waive any objections to or claims of immunity in respect of such enforcement. 3. be appointed by the Secretary General of the Permanent Court of Arbitration. If. If for any reason an arbitrator is unable to perform his/her function. the Party which has named an arbitrator may apply to the Secretary General of the Permanent Court of Arbitration. add: or of the home country of any of their members or Parties] or of the Government’s country.. be held in Rwanda (b) the English language shall be the official language for all purposes. Miscellaneous. Rules of Procedure. Nationality and Qualifications of Arbitrators. Special Conditions of Contract (c) 2. at the request of either Party. Substitute Arbitrators. add: or of any of their members or Parties]. The Hague. For the purposes of this Clause. The Hague to appoint a sole arbitrator for the matter in dispute. and (c) the decision of the sole arbitrator or of a majority of the arbitrators (or of the third arbitrator if there is no such majority) shall be final and binding and shall be enforceable in any court of competent jurisdiction. In any arbitration proceeding hereunder: (a) proceedings shall. The footnote shall list such changes made to [Form FIN-3 and FIN-4] at the negotiations or state that none has been made.] 105 | P a g e . including counterpart personnel assigned by the Client to work on the Consultant’s team. detailed reporting requirements and list of deliverables against which the payments to the Consultant will be made. location of performance for different tasks. Highlight the changes to Section 7 of the RFP] APPENDIX B . Client’s input. if any. specific tasks or actions that require prior approval by the Client.IV. Insert the text based on the Section 7 (Terms of Reference) of the ITC in the RFP and modified based on the Forms TECH-1 through TECH-5 of the Consultant’s Proposal.] APPENDIX C – BREAKDOWN OF CONTRACT PRICE [Insert the table with the unit rates to arrive at the breakdown of the lump-sum price. The table shall be based on [Form FIN-3 and FIN-4] of the Consultant’s Proposal and reflect any changes agreed at the Contract negotiations. Attach the CVs (updated and signed by the respective Key Experts) demonstrating the qualifications of Key Experts. Appendices Lump-Sum IV. dates for completion of various tasks.KEY EXPERTS [Insert a table based on Form TECH-6 of the Consultant’s Technical Proposal and finalized at the Contract’s negotiations. Appendices APPENDIX A – TERMS OF REFERENCE [This Appendix shall include the final Terms of Reference (TORs) worked out by the Client and the Consultant during the negotiations. who will be involved in performing the Services. Appendices Lump-Sum Model Form I Breakdown of Agreed Fixed Rates in Consultant’s Contract We hereby confirm that we have agreed to pay to the Experts listed. add a table Signature Date Name and Title: 106 | P a g e . the basic fees and away from the home office allowances (if applicable) indicated below: (Expressed in [insert name of currency])* Experts Name Position 1 2 Basic Remuneration rate per Working Month/Day/Year Social 1 Charges 3 4 Overhead1 Subtotal 5 2 Profit 6 7 8 Away from Home Office Allowance Agreed Fixed Rate per Working Month/Day/Hour Agreed Fixed Rate per Working 1 Month/Day/Hour Home Office Work in the Client’s Country 1 2 * Expressed as percentage of 1 Expressed as percentage of 4 If more than one currency.IV. ” 107 | P a g e . for the provision of __________________ [brief description of Services] (hereinafter called "the Contract"). any demand for payment under this guarantee must be received by us at this office on or before that date. At the request of the Consultant.FORM OF ADVANCE PAYMENTS GUARANTEE [See Clause GCC 41. at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year].IV. or in a freely convertible currency acceptable to the Client. In the event of an extension of the time for completion of the Contract. according to the conditions of the Contract. we understand that. Furthermore. the Client might consider adding the following text to the form.1] Bank Guarantee for Advance Payment _____________________________ [Bank’s Name. upon our receipt of the monthly payment certificate indicating that the Consultant has made full repayment of the amount of the advance payment. same as appears on the signed Contract] (hereinafter called "the Consultant") has entered into Contract No. The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Consultant as indicated in copies of certified monthly statements which shall be presented to us.1 and SCC 41.2 whichever is earlier. or on the __ day of ___________. an advance payment in the sum of ___________ [amount in figures] ( ) [amount in words] is to be made against an advance payment guarantee. at the latest. such request to be presented to the Guarantor before the expiry of the guarantee. 2___. It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Consultant on their account number ___________ at _________________ [name and address of bank]. This guarantee is subject to the Uniform Rules for Demand Guarantees. 458. Such request must be in writing and must be made prior to the expiration date established in the guarantee. and Address of Issuing Branch or Office] Beneficiary: _________________ [Name and Address of Client] Date: ________________ ADVANCE PAYMENT GUARANTEE No. 1 2 The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency(ies) of the advance payment as specified in the Contract. In preparing this guarantee. ICC Publication No.: _________________ We have been informed that ____________ [name of Consultant or a name of the Joint Venture. Insert the expected expiration date. Consequently.2. the Client would need to request an extension of this guarantee from the Guarantor. This guarantee shall expire. we _______________ [name of bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of ___________ [amount in figures] ( ) [amount in words]1 upon receipt by us of your first demand in writing accompanied by a written statement stating that the Consultant are in breach of their obligation under the Contract because the Consultant have used the advance payment for purposes other than toward providing the Services under the Contract. in response to the Client’s written request for such extension.2. Appendices Lump-Sum APPENDIX D . _____________________ [Signature] Note: All italicized text is for indicative purposes only to assist in preparing this form and shall be deleted from the final product. _____________ [reference number of the contract] dated ____________ with you. 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