STANDARD TENDER DOCUMENTS
REQUEST FOR PROPOSALS
SELECTION OF ADVISORS/CONSULTANTS/EXPERTS
For
Support to Kosovo Water Task Force Project
19.12.08
2
Standard Tender Documents
Selection of Consultants Vol. I
TABLE OF CONTENTS
VOLUME I .................................................................................................................... 5
SECTION I: LETTER OF INVITATION ............................................................................. 6
SECTION II................................................................................................................... 8
A. Information to the Consultants/Local Experts ................................................................................ 9
1. Introduction.............................................................................................................................. 9
2. Clarification and Amendment of RFP Documents ........................................................ 11
3. Preparation of Proposal ....................................................................................................... 11
4. Submission, Receipt, and Opening of Proposals ............................................................ 13
5. Clarification of Proposals ..................................................................................................... 14
6. Preliminary Examination of Proposals ................................................................................ 14
7. Evaluation ............................................................................................................................... 15
8. Preparation of Award .......................................................................................................... 15
9. Notification of the first-ranked Consultant ....................................................................... 15
10. Notification of Award and Signing of Contract .............................................................. 15
11. Confidentiality ....................................................................................................................... 16
B. Data Sheet ........................................................................................................................................ 17
SECTION III: PROPOSAL SUBMISSION FORM ........................................................... 20
SECTION IV: TECHNICAL PART OF THE PROPOSAL – STANDARD FORMS ............. 21
IV.A. Firm’s References .................................................................................................................. 22
IV.B. Comments and Suggestions of Consultants on the Terms of Reference and on
Data, Services, and Facilities to be Provided by the Client ......................................... 23
IV.C. Description of the Methodology and Work Plan for Performing the Assignment .... 24
IV.D. Team Composition and Task Assignments ....................................................................... 25
IV.E. Format of Curriculum Vitae (CV) for Proposed Professional Staff ............................... 26
IV.F. Activity (Work) Schedule ..................................................................................................... 28
SECTION V: FINANCIAL PART OF THE PROPOSAL - STANDARD FORMS ................ 29
V.A. Commissions and gratuities, Form ..................................................................................... 30
V.B. Summary of Costs ................................................................................................................. 31
V.C. Breakdown of Price per Activity ........................................................................................ 32
V.D. Breakdown of Remuneration per Activity........................................................................ 33
V.E. Reimbursables per Activity .................................................................................................. 34
V.F. Miscellaneous Expenses ...................................................................................................... 35
SECTION VI: TERMS OF REFERENCE ......................................................................... 36
VOLUME II ................................................................................................................. 37
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
3
Standard Tender Documents
Selection of Consultants Vol. I
PREFACE ................................................................................................................... 39
I. FORM OF CONTRACT............................................................................................ 40
II. GENERAL CONDITIONS OF CONTRACT .............................................................. 43
1. GENERAL PROVISIONS............................................................................................................. 43
1.1 Definitions ............................................................................................................................... 43
1.2 Relationship Between the Parties ...................................................................................... 44
1.3 Law Governing the Contract ............................................................................................. 44
1.4 Language ............................................................................................................................... 45
1.5 Headings................................................................................................................................. 45
1.6 Notices .................................................................................................................................... 45
1.7 Location .................................................................................................................................. 45
1.8 Authority of Member in Charge ......................................................................................... 45
1.9 Authorized Representatives ................................................................................................ 46
1.10 Taxes and Duties ................................................................................................................... 46
2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT .. 47
2.1 Effectiveness of Contract .................................................................................................... 47
2.2 Termination of Contract for Failure to Become Effective ............................................. 47
2.3 Commencement of Services ............................................................................................. 47
2.4 Expiration of Contract .......................................................................................................... 47
2.5 Entire Agreement .................................................................................................................. 47
2.6 Modifications or Variations ................................................................................................. 47
2.7 Force Majeure ....................................................................................................................... 48
2.8 Suspension .............................................................................................................................. 49
2.9 Termination............................................................................................................................. 50
2.10 Integrity Clause ..................................................................................................................... 52
2.11 Intellectual property rights .................................................................................................. 53
3. OBLIGATIONS OF THE CONSULTANT ....................................................................................... 54
3.1 General ................................................................................................................................... 54
3.2 Conflict of Interests ............................................................................................................... 54
3.3 Confidentiality ....................................................................................................................... 56
3.4 Swiss Content ......................................................................................................................... 56
3.5 Insurance to be Taken out by the Consultant ................................................................ 56
3.6 Accounting, Inspection and Auditing .............................................................................. 56
3.7 Consultant’s Actions Requiring Client’s Prior Approval ................................................. 57
3.8 Reporting Obligations .......................................................................................................... 57
3.9 Documents Prepared by the Consultant to be the Property of the Client ............... 57
3.10 Equipment, Vehicles and Materials Furnished by the Client ........................................ 58
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
4
Standard Tender Documents
Selection of Consultants Vol. I
3.11 Equipment and Materials Provided by the Consultants ............................................... 58
4. CONSULTANTS’ PERSONNEL AND SUB-CONSULTANTS .......................................................... 59
4.1 General ................................................................................................................................... 59
4.2 Description of Personnel ...................................................................................................... 59
4.3 Approval of Personnel ......................................................................................................... 59
4.4 Working Hours, Overtime, Leave, etc. .............................................................................. 60
4.5 Removal and/or Replacement of Personnel .................................................................. 60
4.6 Resident Project Manager .................................................................................................. 61
5. OBLIGATIONS OF THE CLIENT .................................................................................................. 62
5.1 Assistance and Exemptions ................................................................................................ 62
5.2 Access to Land ...................................................................................................................... 63
5.3 Services, Facilities and Property of the Client ................................................................. 63
5.4 Payment ................................................................................................................................. 63
5.5 Counterpart Personnel......................................................................................................... 63
5.6 Other Obligations ................................................................................................................. 64
6. PAYMENTS TO THE CONSULTANT ............................................................................................ 65
6.1 Cost Estimates; Ceiling Amount ......................................................................................... 65
6.2 Remuneration and Reimbursable Expenses .................................................................... 65
6.3 Currency of Payment ........................................................................................................... 66
6.4 Mode of Billing and Payment ............................................................................................. 66
7. FAIRNESS AND GOOD FAITH ................................................................................................... 68
7.1 Good Faith ............................................................................................................................. 68
7.2 Operation of the Contract ................................................................................................. 68
8. SETTLEMENT OF DISPUTES ......................................................................................................... 69
8.1 Amicable Settlement ........................................................................................................... 69
8.2 Dispute Resolution................................................................................................................. 69
III. SPECIAL CONDITIONS OF CONTRACT ............................................................... 71
MODEL FORM I ...................................................................................................................................... 75
IV. APPENDICES........................................................................................................ 77
APPENDIX A – MINUTES OF CONTRACT CLARIFICATION MEETING (including agreed staff and
cost schedules) .................................................................................................................................... 78
APPENDIX B – TERMS OF REFERENCE (TOR)......................................................................................... 79
APPENDIX C – CONSULTANT’S OFFER.................................................................................................. 80
APPENDIX D - DUTIES OF THE CLIENT ................................................................................................... 81
APPENDIX E – REIMBURSABLE EXPENSES ............................................................................................. 82
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
5
Standard Tender Documents
Selection of Consultants Vol. I
VOLUME I
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
6
Standard Tender Documents
Selection of Consultants Vol. I: Section I
SECTION I: LETTER OF INVITATION
Pristina, 19 December 2008
To interested consultants/local experts
Dear Mr./Ms.:
1. The Government of Kosovo has received a grant from the Swiss
Government, represented by the State Secretariat for Economic Affairs
(hereinafter called SECO), toward the cost of the Support to Water Task
Force Project and intends to apply a portion of this grant to eligible
payments under this Contract.
2. The Swiss Cooperation Office in Pristina now invites Proposals from local
advisors (hereinafter called also consultants or experts) to provide the
following consulting services: Support to Water Task Force. More details on
the services are provided in the Terms of Reference.
3. This request for Proposal has been published in the “Koha Ditore”
newspaper on 23 December 2008. Consultants having requested the
Request for Proposal (RFP) Documents are now entitled to submit sealed
Proposals for the consulting services.
4. The local consultants will be selected under the procedures described in
this RFP. Tendering will be conducted according to SECO procurement
guidelines.
5. The RFP includes the following documents:
Volume I
Section I - Letter of Invitation
Section II - Information to Consultants (including Data Sheet)
Section III - Proposal Submission Form
Section IV - Technical Part of the Proposal - Standard Forms
Section V - Financial Part of the Proposal - Standard Forms
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
7
Standard Tender Documents
Selection of Consultants Vol. I: Section I
Section VI - Terms of Reference
Volume II - Standard Form of Contract
Section I – Form of Contract
Section II – General Conditions of Contract
Section III – Special Conditions of the Contract
Section IV - Appendices
6. Tenders must be delivered to the address below at or before 2 of
February 2008, 10.00 h.
Swiss Cooperation Office
Hajrije Morina
Str. Adrian Krasniqi No. 11, 10060 Pristina
Fax: + 38 248 096
e-mail: hajrije.morina@sdc.net
Yours sincerely,
Swiss Cooperation Office, Pristina
Guido Beltrani
Deputy Director
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
8
Standard Tender Documents
Selection of Consultants Vol. I: Section II: A. Information to Consultant
SECTION II
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
9
Standard Tender Documents
Selection of Consultants Vol. I: Section II: A. Information to Consultant
A. Information to the Consultants/Local Experts
1. Introduction 1.1 The Client named in the Data Sheet will select a consultant in
accordance with the method of selection specified in the
present RFP.
1.2 The Consultants are invited to submit a Proposal for consulting
services required for the assignment named in the Data Sheet.
The Proposal will be the basis for a signed contract with the
selected consultant.
1.3 The assignment shall be implemented in accordance with the
phasing indicated in the Data Sheet.
1.4 The Government of Kosovo will provide to the successful
Proposal the support specified in the Data Sheet and make
available relevant project data and reports.
1.5 Please note that (i) the costs of preparing the Proposal and of
possible negotiating, including a participation in a possible pre-
proposal meeting, are not reimbursable as a direct cost of the
assignment; and (ii) the Client is not bound to accept any of the
Proposals submitted.
1.6 The Consultants are required to provide professional, objective,
and impartial advice and at all times hold the Client’s interests
paramount, without any consideration for future work, and
strictly avoid conflicts with other assignments of themselves or
their affiliates or their own corporate interests. Consultants shall
not be hired for any assignment that would be in conflict with
their prior or current obligations to other Clients, or that may
place them in a position of not being able to carry out the
assignment in the best interest of the Client.
1.6.1 Without limitation on the generality of this rule, Consultants
shall not be hired under the circumstances set forth
below:
(a) A consultant which has been engaged by the Client to
provide goods or works for a project, and any of their
affiliates, shall be disqualified from providing consulting
services for the same project. Conversely, firms hired to
provide consulting services for the preparation or
implementation of a project, and any of their affiliates,
shall be disqualified from subsequently providing goods or
works or services related to the initial assignment (other
than a continuation of the firm’s earlier consulting
services) for the same project.
(b) Consultants or any of their affiliates shall not be hired for
any assignment which, by its nature, may be in conflict
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
10
Standard Tender Documents
Selection of Consultants Vol. I: Section II: A. Information to Consultant
with another assignment of the Consultants.
1.6.2 As pointed out in para. 1.6.1 (a) above, Consultants may
be hired for downstream work, when continuity is
essential, in which case this possibility shall be indicated in
the Data Sheet and the factors used for the selection of
the Consultant should take the likelihood of continuation
into account. It will be the exclusive decision of the Client
whether or not to have the downstream assignment
carried out, and if it is carried out, which Consultant will
be hired for the purpose.
1.7 It is SECO’s policy to require that Clients as well as Consultants
observe the highest standard of ethics during the selection and
execution of such contracts.
In pursuance of these policies, SECO:
(a) requires that the Client and the Consultants take all
necessary measures to avoid corruption, in particular that
no payments, gifts or other advantage will be offered or
accepted.
(b) will reject a Proposal for award if it determines that the
consultant recommended for award has engaged in
corrupt or fraudulent activities in competing for the
contract in question;
(c) will cancel the portion of the grant allocated to the
consultant contract if it at any time determines that
corrupt or fraudulent practices were engaged in by
representatives of the Client or of a beneficiary of the
grant during the selection process or the execution of that
contract, without the Client having taken timely and
appropriate action satisfactory to SECO to remedy the
situation;
(d) will have the right to require that a provision be included
in the contract requiring Consultants to permit SECO and
the Client to inspect their accounts and records relating
to the performance of the contract and to have them
audited by auditors appointed by SECO.
1.8 The Consultant shall bear all costs associated with the
preparation and submission of this Proposal, and the Client will
in no case be responsible or liable for these costs.
1.9 Consultants shall furnish information as described in the
Financial Proposal submission form (Section V.A) on commissions
and gratuities, if any, paid or to be paid to agents relating to
this Proposal, and to execute the work if the firm is awarded the
contract.
1.10 Consultants shall be aware of the provisions on fraud and
corruption stated in the Standard Contract.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
11
Standard Tender Documents
Selection of Consultants Vol. I: Section II: A. Information to Consultant
2. Clarification 2.1 Consultants may request a clarification of any of the RFP
and Amend- documents up to the number of days indicated in the Data
ment of RFP Sheet before the Proposal submission date. Any request for
Documents clarification must be sent in writing by papermail, facsimile, or
electronic mail to the Client’s address indicated in the Data
Sheet. The Client will respond by papermail, facsimile or
electronic mail to such requests and will send written copies of
the response (including an explanation of the query but without
identifying the source of inquiry) to all Consultants having
requested the RFP Documents and have confirmed to submit an
offer.
2.2 At any time before the submission of Proposals, the Client may,
for any reason, whether at its own initiative or in response to a
clarification requested by an interested consultant or firm,
amend the RFP. Any amendment shall be issued in writing
through addenda. Addenda shall be sent by papermail,
facsimile, or electronic mail to all Consultants having requested
the RFP documents and will be binding on them. The Client may
at its discretion extend the deadline for the submission of
Proposals.
3. Preparation of 3.1 Consultants are requested to submit a Proposal (para. 1.2)
Proposal written in the language(s) specified in the Data Sheet.
Technical Part 3.2 In preparing the Technical Part of the Proposal, Consultants are
of the Proposal: expected to examine the documents constituting this RFP in
detail. Material deficiencies in providing the information
requested may result in rejection of a Proposal.
3.3 While preparing the Technical Part of the Proposal, Consultants
must give particular attention to the following:
(i) If a Consultant considers that it does not have all the
expertise for the assignment, it may obtain a full range of
expertise by associating with individual Consultant(s)
and/or other Consultants or entities in a joint venture or
subconsultancy, as appropriate.
(ii) For assignments on a staff-time basis, the estimated
number of professional staff-months (hours, days) is given
in the Data Sheet. The Proposal shall, however, be based
on the number of professional staff-months estimated by
the consultant or the firm. For fixed-budget-based
assignments, the available budget is given in the Data
Sheet, and the Financial Proposal shall not exceed this
budget.
(iii) Proposed professional staff must, at a minimum, have the
experience indicated in the Data Sheet, preferably
working under conditions similar to those prevailing in the
country of the assignment.
(iv) Alternative professional staff shall not be proposed, and
only one curriculum vitae (CV) may be submitted for
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
12
Standard Tender Documents
Selection of Consultants Vol. I: Section II: A. Information to Consultant
each position.
(v) Reports to be issued by the Consultants as part of this
assignment must be in the language(s) specified in the
Data Sheet.
(vi) Additional information specified in the Data Sheet shall be
provided.
3.4 The Technical Part of the Proposal shall be structured as follows
and provide the following information using the attached
Standard Forms (Section IV):
(i) A brief description of the firm’s organization and human
resources and an outline of recent experience on
assignments (Section IV.A) of a similar nature. For each
assignment, the outline should indicate, inter alia, the
profiles of the staff proposed, duration of the assignment,
contract amount, and firm’s involvement.
(ii) Any comments or suggestions on the Terms of Reference
and on the data, a list of services, and facilities to be
provided by the Client (Section IV.B).
(iii) A description of the methodology and work plan for
performing the assignment (Section IV.C).
(iv) The list of the proposed staff team by specialty, the tasks
that would be assigned to each staff team member, and
the input of working days for the project (Section IV.D).
(v) CVs (Section IV.E): Key information should include number
of years working for the firm/entity and degree of
responsibility held in various assignments.
(vi) A work schedule in bar chart format (Section IV.F).
(vii) A detailed description of the proposed methodology,
staffing, and monitoring of training, if the Data Sheet
specifies training as a major component of the
assignment.
(viii) Any additional information requested in the Data Sheet.
Financial Part 3.5 In preparing the Financial Part of the Proposal, Consultants are
of the Proposal: expected to take into account the requirements and conditions
outlined in the RFP documents. The Financial Part of the
Proposal should follow Standard Forms (Section V). It lists all costs
associated with the assignment, including (a) input and
remuneration for staff (foreign and local, in the field and at
headquarters), and (b) reimbursable expenses such as
subsistence (per diem, housing), transportation (international
and local, for mobilization and demobilization), services and
equipment (vehicles, office equipment, furniture, and supplies),
office rent, insurance, printing of documents, surveys, translation
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
13
Standard Tender Documents
Selection of Consultants Vol. I: Section II: A. Information to Consultant
and training, if it is a major component of the assignment. The
budget for this mandate is stipulated in the Datasheet.
3.6 The Financial Part of the Proposal should clearly estimate, as a
separate amount, the local taxes (including social security),
duties, fees, levies, and other charges imposed under the
Government’s law, on the Consultants, the subconsultants, and
their personnel (other than nationals or permanent residents of
the Client’s country), unless the Data Sheet specifies otherwise.
3.7 Consultants shall express the price of their services in the
currency indicated in the Data Sheet.
3.8 Commissions and gratuities, if any, paid or to be paid by
Consultants and related to the assignment will be listed in the
Financial Part of the Proposal submission form (Section V.A).
3.9 The Data Sheet indicates how long the Proposals must remain
valid after the submission date. If the Client wishes to extend
the validity period of the Proposals, the Consultants who do not
agree have the right not to extend the validity of their
Proposals.
4. Submission, 4.1 The original Proposal shall be prepared in indelible ink. It shall
Receipt, and contain no interlineation or overwriting, except as necessary to
Opening of correct errors made by the consultant or the firm itself. Any
Proposals such corrections must be initialed by the persons or person who
sign(s) the Proposals.
4.2 For each Proposal, the Consultants shall prepare the number of
copies indicated in the Data Sheet. Each Proposal shall be
marked “ORIGINAL” or “COPY” as appropriate. If there are any
discrepancies between the original and the copies of the
Proposal, the original governs.
4.3 The original and all copies of the Proposals shall be placed in a
sealed envelope. This envelope shall bear the submission
address and other information indicated in the Data Sheet and
be clearly marked, “DO NOT OPEN, EXCEPT IN PRESENCE OF THE
EVALUATION COMMITTEE.”
4.4 The completed Proposals must be delivered at the submission
address on or before the time and date stated in the Data
Sheet. Any Proposal received after the closing time for
submission of Proposals shall be rejected.
4.5 The Client will open all Proposals in the presence of Consultants’
representatives who choose to attend, at the time and in the
place specified in the Data Sheet. The Consultants’ representa-
tives who are present shall sign a register evidencing their
attendance.
4.6 No Proposal shall be rejected at the opening, except for late
Proposals, which shall be returned unopened to the Consultant.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
14
Standard Tender Documents
Selection of Consultants Vol. I: Section II: A. Information to Consultant
4.7 The Consultants’ names, the prices, any discounts, modifications
and such other details as the Client may consider appropriate,
will be announced at the opening. Proposals or any discounts
that are not read out and recorded at opening will not be
considered further for evaluation, irrespective of the
circumstances.
4.8 The Client will prepare minutes of the opening, including the
information disclosed to those present. A copy of the minutes
will be sent to all Consultants who submitted a Proposal.
5. Clarification of To assist in the qualification, examination, evaluation and comparison
Proposals of the Proposals, the Client may ask any Consultant for a clarification
of its Proposal.
Such clarification may be requested at any stage up to award of the
contract. Requests for clarification and the responses thereto shall be
in writing, by fax or by e-mail, and no change in the price or
substance of the Proposal shall be sought, offered or permitted
except as required to confirm the correction of computational errors
discovered by the Client in the examination of the Proposals.
The Client furthermore reserves the right to conduct written
negotiations with Consultants should it not be possible to determine
on economically most suitable Proposal.
6. Preliminary Prior to the detailed evaluation pursuant to paragraphs 7, the Client
Examination of will determine whether each Proposal (a) meets the eligibility and
Proposals qualification criteria according to the Data Sheet; (b) has been
properly signed; (c) is substantially responsive (definition below) to the
RFP. If a Proposal does not comply with any of the conditions, it will be
rejected by the Client for non-responsiveness and may not
subsequently be made responsive by the Consultant by correction of
the non-conforming deviation, objection or reservation.
For purposes of this determination, a substantially responsive Proposal
is one that conforms to all terms, conditions and specifications of the
Proposal documents without material deviations, objections or
reservations. A material deviation, objection or reservation is one (i)
that affects in any substantial way the scope, the quality or
performance of the contract; (ii) that limits in any substantial way,
inconsistent with the Proposal documents, the Client’s rights or the
successful Consultant’s obligations under the contract; or (iii) whose
rectification would unfairly affect the competitive position of other
Consultants who are presenting substantially responsive Proposals.
In particular, deviations from, objections to or reservations about
critical provisions, such as those concerning Governing Law, Taxes
and Duties, Defect Liability, Functional Guarantees, Patent and
Indemnity, Limitation of Liability will be treated as non-responsive. The
Client’s determination of a Proposal’s responsiveness is to be based
on the contents of the Proposal itself without recourse to extrinsic
evidence.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
15
Standard Tender Documents
Selection of Consultants Vol. I: Section II: A. Information to Consultant
The Client may waive any minor informality, non-conformity or
irregularity in a Proposal which does not constitute a material
deviation, provided that such waiver does not provide an unfair
advantage to the Consultant.
7. Evaluation For those Proposals not previously rejected according to paragraph 6,
the Client will carry out a detailed evaluation of the Proposals based
on the requirements set forth in the Data Sheet (award criteria). In
carrying out such evaluation, the Client will examine and compare
the aspects of the Proposals based on the information supplied by the
Consultants. Only the award criteria listed in the Data Sheet shall be
evaluated. The goal of the evaluation is the determination of the
economically most suitable Proposal.
8. Preparation of 8.1 The Client will award the contract to the Consultant whose
Award Proposal has been determined to be the most economically
suitable Proposal.
8.2 Prior to the award the outcome of the evaluation is summarized
in a report to be signed by the Client. Seco decides (non-
objection) whether it can agree to the award
recommendation of the Client.
9. Notification of 9.1 After SECO’s written approval (non-objection) of the award
the first-ranked recommendation the Client will notify the first-ranked
Consultant Consultant in writing that its Proposal has been ranked first, prior
to the expiration of the Tender validity period.
9.2 The notification may lead to discussions with the first-ranked
Consultant at the Client's headquarters to adapt the conditions
of the Contract to the latest conditions of the project.
9.3 Should the Contract be adapted due to discussions between
the first-ranked Consultant and the Client the contract
documents shall be submitted to SECO for non-objection.
10. Notification of 10.1 Following the notification to the first-ranked Consultant that its
Award and Proposal has been ranked first and after SECO has approved of
Signing of possible amendments, the Client will send the Consultant the
Contract notification of award together with the Form of Contract
provided in the RFP documents, incorporating all terms and
conditions agreed between the parties.
10.2 Within fourteen (14) days of receipt of the Form of Contract, the
first-ranked Consultant shall sign and date the Form of Contract
and return it to the Client. If required by the Contract, the
Consultant shall submit an advance payment guarantee to
SECO.
10.3 The Contract will come into force by both parties signatures
only after SECO has approved of the Contract (non objection)
according to 8.2 and 9.3 and after the written approval by the
Office of the Prime Minister.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
16
Standard Tender Documents
Selection of Consultants Vol. I: Section II: A. Information to Consultant
10.4 The firm is expected to commence the assignment on the date
and at the location specified in the Data Sheet.
10.5 As soon as the first-ranked Consultant has signed the Contract,
the Client will promptly notify each unsuccessful Consultant.
10.6 If a Consultant does not sign the contract within the period of
time mentioned under 10.2 the Client shall annul the award.
The Client may make the award to the second most economic
Proposal or call for new Selection of Proposals.
10.7 Failure of the first-ranked Consultant to comply with the
requirements of Information to Consultants Clause 1.6 and 1.7
shall constitute sufficient grounds for the annulment of the
award.
In this case, the Client may make the award to the second most
economic Proposal or call for new Selection of Proposals.
11. Confidentiality Information relating to evaluation of Proposals and recommendations
concerning awards shall not be disclosed to the Consultants who
submitted the Proposals or to other persons not officially concerned
with the process.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
17
Standard Tender Documents
Selection of Consultants Vol. I: Section II: B. Data Sheet
B. Data Sheet
[The numbers refer to the respective paragraphs in section II A (Information to
Consultants)]
Clause Reference
1.1 The name of the Client is: Swiss Cooperation Office, Pristina.
1.2 The name of the assignment is: Support to Water Task Force Project
1.3 The assignment is phased: No
1.4 The Kosovo Government will contribute to the project by provision of office space
and facilities as appropriate (office infrastructure, IT equipment, payment of
electricity and telephone, etc.) for the local consultants
1.6.2 The Client envisages the need for continuity for downstream work: No
2.1 Clarifications may be requested until: 12 January 2009, 12:00 h.
The address for requesting clarifications is:
Hajrije Morina,
Swiss Cooperation Office,
Str. Adrian Krasniqi No 11,
10060, Prishtina,
Fax: 038 248 096
E-mail: hajrije.morina@sdc.net
3.1 Proposals shall be submitted in the following language: English
3.3 (i) Tendering entity may associate with other experts: Yes
(ii) The estimated number of professional staff-months required for the
assignment is: Water Policy Advisor - 34 months, Water Utility Advisor - 34
months, Admin/language assistant - 34 months, short term international
experts - 132 days, short term local experts - 176 days.
(iii) As specified in the Terms of Reference, Chapter 6
(v) Reports that are part of the assignment must be written in the following
language(s): English
(vi) Additional information: n/a
3.4 (vii) Training is a specific component of this assignment: No
(viii) Additional information in the Technical Proposal includes:
- In the case of a joint venture, a Joint-Venture Agreement or a declaration
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
18
Standard Tender Documents
Selection of Consultants Vol. I: Section II: B. Data Sheet
of intent to conclude such and agreement shall be submitted.
- Description of reference projects with explanation of consultant's role and
responsibilities and date of mandate.
- Proof of membership in professional associations.
- Copies of ISO Certificates (if available).
3.5 The budget for this mandate amounts to: n/a
3.6 According to the Implementing Memorandum of Understanding concerning the
support to the Water Task Force, the Kosovar Government shall grant to local and
foreign consultants engaged in the Project exemption from any income and
property and other taxes, all other fiscal charges and custom duties for the
temporary import and re-export of personal or professional belongings and for any
emoluments during their engagement.
3.7 Price to be stated in Euro.
3.9 Proposals must remain valid 90 days after the submission date, i.e., until: 3 May
2009.
4.2 Consultants must submit an original and 2 copies and 2 copies in electronic version
on CD's.
4.3 The Proposal submission address is:
Swiss Cooperation Office,
Hajrije Morina
Str. Adrian Krasniqi No 11
10060, Pristina
Information on the envelope should also include :
Support to Water Task Force Project
Do not open besides in presence of Evaluation Committee
4.4 Proposals must be submitted no later than the following date and time:
2 February 2009, 10:00 h
4.5 No public opening
6. To be qualified for award of contract according to paragraph 7, Consultants must
satisfy the following minimum criteria:
– Minimum 2 reference projects in comparable manner of work and
responsibility (international experience or working for an international
institution) over the last 3 years
7. The award criteria and their weights are:
(i) Qualification and experience of nominated team (max. points: 35)
(ii) Adequacy of the proposed approach and methodology (max. points: 40)
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
19
Standard Tender Documents
Selection of Consultants Vol. I: Section II: B. Data Sheet
(iii) Price (max. points: 25)
The score for the criterion “price” will be determined as follows:
Pmin
Score = (----------------) n max. Points
P
P = Price of the Proposal to be assessed
P min = Price of the lowest Proposal
10.4 The assignment is expected to commence on 1st of March 2009.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
20
Standard Tender Documents
Selection of Consultants Vol. I: Section III: Proposal Submission Form
SECTION III: PROPOSAL SUBMISSION FORM
[Location, Date]
To: Swiss Cooperation Office, Pristina
Ladies/Gentlemen:
We, the undersigned, offer to provide the consulting services for the Support to
Water Task Force Project in accordance with your Request for Proposal dated
[Date] and our Proposal. We are hereby submitting our Proposal.
Our attached Financial Proposal is for the sum of [Amount in words and
figures]. This amount is exclusive of the local taxes and is valid for 90 days.
We understand you are not bound to accept any Proposal you receive and
that financing of the Contract is bound to the successful signature and
ratification procedures of the Support to Water Task Force Project between the
Swiss and Kosovo Government.
Yours sincerely,
_________________________________
[Authorized Signature]
_________________________________
[Name and Title of Signatory]
_________________________________
[Name of Firm]
_________________________________
_________________________________
[Address of Firm]
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
21
Standard Tender Documents
Selection of Consultants Vol. I: Section IV: Technical Part of the Proposal- Standard Forms
SECTION IV:
TECHNICAL PART OF THE PROPOSAL – STANDARD FORMS
IV.A. Firm’s references
IV.B. Comments and suggestions of Consultants on the Terms of Reference
and on data, services, and facilities to be provided by the Client
IV.C. Description of the methodology and work plan for performing the
assignment
IV.D. Team composition and task assignments
IV.E. Format of curriculum vitae (CV) for proposed professional staff
IV.F. Activity (work) schedule
IV.G. Confirmation of compliance with health and safety rules and regulations
and equality between men and women in regard to equal wages
stipulated by Swiss law (in German language)
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
22
Standard Tender Documents
Selection of Consultants Vol. I: Section IV: Technical Part of the Proposal- Standard Forms
IV.A. Firm’s References
Relevant Services Carried Out in the Last Five Years That Best Illustrate
Qualifications
Using the format below, provide information on each assignment relevant as a
reference for this assignment for which your firm/entity, either individually as a
corporate entity or as one of the major companies within an association, was
legally contracted.
The Consultant is allowed to use its own form to describe its references. In any
case, Consultants are required to give information asked for in the present
format completely.
Assignment Name: Country:
Location within Country: Professional Staff Provided by
Your Firm/Entity(profiles):
Name of Client: No of Staff:
Address: No of Staff-Months; Duration of
Assignment:
Start Date (Month/Year): Completion Date Approx. Value of Services (in
(Month/Year): Current CHF):
Name of Associated Consultants, If Any: No of Months of Professional
Staff Provided by Associated
Consultants:
Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions
Performed:
Narrative Description of Project:
Description of Actual Services Provided by Your Staff:
Consultant’s Name: ______________________________________
Note that the Forms IV A need to be accompanied by a brief description of the
firm's organisation and human (and other) resources in terms of par. 3.4 (i) of
Section II.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
23
Standard Tender Documents
Selection of Consultants Vol. I: Section IV: Technical Part of the Proposal- Standard Forms
IV.B. Comments and Suggestions of Consultants on the Terms of Reference and
on Data, Services, and Facilities to be Provided by the Client
On the Terms of Reference:
1.
2.
3.
4.
5.
On the data, services, and facilities to be provided by the Client:
1.
2.
3.
4.
5.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
24
Standard Tender Documents
Selection of Consultants Vol. I: Section IV: Technical Part of the Proposal- Standard Forms
IV.C. Description of the Methodology and Work Plan for Performing the
Assignment
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
25
Standard Tender Documents
Selection of Consultants Vol. I: Section IV: Technical Part of the Proposal- Standard Forms
IV.D. Team Composition and Task Assignments
Local Staff
Name Position Task Workdays
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
26
Standard Tender Documents
Selection of Consultants Vol. I: Section IV: Technical Part of the Proposal- Standard Forms
IV.E. Format of Curriculum Vitae (CV) for Proposed Professional Staff
Consultants are allowed to use their own format for presenting CV’s. In any case,
Consultants are required to give all information asked for in the present form
completely.
Proposed Position:
Name of Firm:
Name of Staff:
Profession:
Date of Birth:
Years with Firm/Entity:
Nationality:
Membership in Professional Societies:
Detailed Tasks Assigned:
Key Qualifications:
[Give an outline of staff member’s experience and training most pertinent to
tasks on assignment. Describe degree of responsibility held by staff member on
relevant previous assignments and give dates and locations. Use about half a
page.]
Education:
[Summarize college/university and other specialized education of staff member,
giving names of schools, dates attended, and degrees obtained. Use about one
quarter of a page.]
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
27
Standard Tender Documents
Selection of Consultants Vol. I: Section IV: Technical Part of the Proposal- Standard Forms
Employment Record:
[Starting with present position, list in reverse order every employment held. List all
positions held by staff member since graduation, giving dates, names of
employing organizations, titles of positions held, and locations of assignments. For
experience in last ten years, also give types of activities performed and Client
references, where appropriate. Use about two pages.]
Languages:
[For each language indicate proficiency: excellent, good, fair, or poor in
speaking, reading, and writing.]
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
28
Standard Tender Documents
Selection of Consultants Vol. I: Section IV: Technical Part of the Proposal- Standard Forms
IV.F. Activity (Work) Schedule
months from the start of assignment: 1st 2nd 3rd 4th 5th 6th 7th … …
1. Field Investigation and Study Items
Activity 1
Activity 2
…
2. Completion and Submission of Reports
Inception Report
…
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
29
Standard Tender Documents
Selection of Consultants Vol. I: Section V: Financial Part of the Proposal- Standard Forms
SECTION V:
FINANCIAL PART OF THE PROPOSAL - STANDARD FORMS
V.A. Commission and gratuities form
V.B. Summary of costs
V.C. Breakdown of price per activity
V.D. Breakdown of remuneration per activity
V.E. Reimbursables per activity
V.F. Miscellaneous expenses
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
30
Standard Tender Documents
Selection of Consultants Vol. I: Section V: Financial Part of the Proposal- Standard Forms
V.A. Commissions and gratuities, Form
Commissions and gratuities, if any, paid or to be paid by us to agents relating to
this Proposal and Contract execution, if we are awarded the Contract, are listed
below:
Name and Address Amount and Purpose of Commission
of Agents Currency or Gratuity
___________________ _________________ __________________
___________________ _________________ __________________
___________________ _________________ __________________
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
31
Standard Tender Documents
Selection of Consultants Vol. I: Section V: Financial Part of the Proposal- Standard Forms
V.B. Summary of Costs
Costs Amount
Subtotal Activity 1*
Subtotal Activity 2
Total Amount of financial
Proposal
*Amounts shall correspond to tables V.C.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
32
Standard Tender Documents
Selection of Consultants Vol. I: Section V: Financial Part of the Proposal- Standard Forms
V.C. Breakdown of Price per Activity
Activity No/Description.:
Price Component Currency(ies) Amount(s)
Remuneration*
Reimbursables**
Miscellaneous Expenses***
Total
* Amounts shall correspond to tables V.D.
** Amounts shall correspond to tables V.E.
*** Amounts shall correspond to tables V.F.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
33
Standard Tender Documents
Selection of Consultants Vol. I: Section V: Financial Part of the Proposal- Standard Forms
V.D. Breakdown of Remuneration per Activity
Activities1 Position Input (in days or months2) rate amount
home office in field
Activity 1
Name 1
Name 2
…
Subtotal
Activity 2
Name 1
Name 2
…
Subtotal
…
Grand Total
Remuneration
1 Activities must correspond to table IV F.
2 Specify number of days per month or number of hours per day.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
34
Standard Tender Documents
Selection of Consultants Vol. I: Section V: Financial Part of the Proposal- Standard Forms
V.E. Reimbursables per Activity
Activity No:_________________________________ Name:_____________________
No. Description Unit Quantity Unit Price In Total Amount In
1. International flights Trip
2. Miscellaneous travel expenses Trip
3. Subsistence allowance Day
4. Local transportation costs1
5. Office rent/accommodation/
clerical assistance
Grand Total
1 Local transportation costs are not included if local transportation is being made available by the Client. Similarly, in the project site, office
rent/accommodations/clerical assistance costs are not to be included if being made available by the Client.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
35
Standard Tender Documents
Selection of Consultants Vol. I: Section V: Financial Part of the Proposal- Standard Forms
V.F. Miscellaneous Expenses
Activity No:_________________________________ Name:_____________________
No. Description Unit Quantity Unit Price In Total Amount In
1. Communication costs
between _______________
and
___________________________
___
(telephone, telegram, telex,
telefax, e-mail)
2. Drafting, reproduction of
reports
3. Equipment: vehicles,
computers, etc.
4. Software
Grand Total
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
36
Standard Tender Documents
Selection of Consultants Vol. I: Section VI: Terms of Reference
SECTION VI: TERMS OF REFERENCE
See separate document.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
37
Standard Tender Documents
Selection of Consultants Volume II: Contract
VOLUME II
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
38
Standard Tender Documents
Selection of Consultants Volume II: Contract
CONTRACT
CONSULTANTS’ SERVICES
Complex Time-Based Assignments
December 2008
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
39
Standard Tender Documents
Selection of Consultants Volume II: Contract
PREFACE
1. This is a Standard Contract for Consulting Services for which remuneration is
being determined on the basis of the time actually spent by the Consultant in
carrying out the services. While these Tender Documents have been prepared
with great care, taking into account international procurement and
contracting experience, there is no responsibility that the contract forms
contained in these Standard Tender Documents are suitable, adequate and
complete in respect of any particular contract. Parties wishing to use these
contract forms are advised to seek their own legal counsel.
2. The Standard Contract consists of four parts: the Form of Contract to be signed
by the Client and the Consultant, the General Conditions of Contract, the
Special Conditions of Contract, and the Appendices. Parties using this
Standard Contract for services financed by Swiss State Secretariat for
Economic Affairs (SECO) should note that the General Conditions must not be
modified. Clauses in the Special Conditions should be dealt with as specified in
the notes in italic provided for the individual clauses.
3. Time-based contracts are recommended when the scope of the services
cannot be established with sufficient precision, or the duration and quantity of
services depends on variables that are beyond the control of the Consultant.
In time-based contracts the Consultant provides services on a timed basis
according to quality specifications, and Consultant’s remuneration is based on
(i) agreed unit rates for Consultant staff multiplied by the actual time spent by
the staff in executing the assignment, and (ii) reimbursable expenses using
actual expenses and/or agreed unit prices. This type of contract requires the
Client to closely supervise Consultant and to be involved in the daily execution
of the assignment.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
40
Standard Tender Documents
Selection of Consultants Volume II: Form of Contract
I. FORM OF CONTRACT
(Text in brackets [ ] is optional; all notes should be deleted in final text)
Contract Time based
between
Swiss Cooperation Office, Pristine
and
[name of the Consultant]
Dated:
This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the
month of [month], [year], between, on the one hand, Swiss Cooperation Office,
Pristina (hereinafter called the “Client”) and, on the other hand, [name of
Consultant] (hereinafter called the “Consultant”).
Note: If the Consultant consist of more than one entity, the above should be partially
amended to read as follows: “…(hereinafter called the “Client”) and, on the other
hand, a joint venture/consortium/association consisting of the following entities,
each of which will be jointly and severally liable to the Client for all the Consultant’s
obligations under this Contract, namely, [name of Consultant] and [name of
Consultant] (hereinafter called the “Consultant”).
WHEREAS
(a) the Client has requested the Consultant to provide certain consulting services
as defined in this Contract (hereinafter called the “Services”);
(b) the Consultant, having represented to the Client that he has the required
professional skills, and personnel and technical resources, has agreed to
provide the Services on the terms and conditions set forth in this Contract;
(c) the Contract will be financed by the Government of the Swiss Confederation,
represented through the State Secretariat for Economic Affairs (SECO) in the
framework of Swiss Financial Assistance to Kosovo based on the Agreement
between the Government of the Swiss Confederation and the Government of
the Republic of Kosovo for the “Support to Water Task Force Project”, signed
on the 7th day of the month of October 2008;
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
41
Standard Tender Documents
Selection of Consultants Volume II: Form of Contract
(d) the Client intends to apply a portion of the proceeds of this grant to eligible
payments under this Contract, it being understood (i) that payments by SECO
will be made only at the request of the Client and upon approval by SECO, (ii)
that such payments will be subject, in all respects, to the terms and conditions
of the agreement providing for the grant, and (iii) that no party other than the
Client shall derive any rights from the agreement providing for the grant or
have any claim to the grant proceeds;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an
integral part of this Contract:
(a) Appendix A: Minutes of Contract Clarification Meeting including
agreed staff and cost schedules;
(b) The Special Conditions of Contract;
(c) The General Conditions of Contract;
(d) The following further Appendices:
Appendix B: Terms of Reference (TOR)
Appendix C: Consultant’s offer
Appendix D: Duties of the Client
Appendix E: Reimbursable expenses
Appendix F: For of Advance Payment Guarantee [not used]
Appendix G: Any other documents should be added here [not used]
In the event of any ambiguity or conflict between the Appendices listed
above, the order of precedence shall be the order in which the Contract
Documents are listed above.
2. The mutual rights and obligations of the Client and the Consultant shall be as
set forth in the Contract, in particular:
(a) the Consultants shall carry out the Services in accordance with the
provisions of the Contract; and
(b) the Client shall make payments to the Consultant accordance with the
provisions of the Contract.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
42
Standard Tender Documents
Selection of Consultants Volume II: Form of Contract
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in
their respective names as of the day and year first above written.
For and on behalf of Swiss Cooperation Office, Pristina
_____________________________________
[Authorized Representative]
For and on behalf of [name of Consultant]
_________________________________________
[Authorized Representative]
Note: If the Consultant consists of more than one entity (eg Joint-venture), all these
entities should appear as signatories, e.g., in the following manner, unless the
signatory has a power of attorney to sign for all entities.
For and on behalf of each of the Members of the Consultant
____________________________________
[name of member]
____________________________________
[Authorized Representative]
____________________________________
[name of member]
____________________________________
[Authorized Representative]
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
43
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
II. GENERAL CONDITIONS OF CONTRACT
1. GENERAL PROVISIONS
1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
SECO means the State Secretariat for Economic Affairs, Berne,
Switzerland, representing the Government of the Swiss
Confederation.
Client means the organisation hiring a consulting firm for complex
assignments as named in the Form of Contract and
includes the legal successors or permitted assigns of the
Client.
Consultant means any private or public entity that will provide the
Services to the Client under the Contract.
Contract means the Contract signed by the Parties and all the
attached documents listed in its Clause 1, that is these
General Conditions (GC), the Special Conditions (SC), and
the Appendices.
Day means calendar day.
Effective Date means the date on which this Contract comes into force
and effect pursuant to Clause GC 2.1.
Foreign Currency means any currency other than the currency of the Client’s
country.
GC means these General Conditions of Contract.
Government means the Government of Kosovo.
Local Currency means the official currency used in Kosovo.
Member means any of the entities that make up the joint
venture/consortium/association; and “Members” means all
these entities.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
44
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
Party means the Client or the Consultant, as the case may be,
and “Parties” means both of them.
Personnel means professionals and support staff provided by the
Consultants or by any Sub-Consultants and assigned to
perform the Services or any part thereof; “Foreign
Personnel” means such professionals and support staff who
at the time of being so provided had their domicile outside
the Government’s country; “Local Personnel” means such
professionals and support staff who at the time of being so
provided had their domicile inside the Government’s
country; and
Key Personnel means the Personnel referred to in Clause GC 4.2(a).
Reimbursable means all assignment-related costs other than Consultant’s
expenses remuneration.
SC means the Special Conditions of Contract by which the GC
may be amended or supplemented.
Services means the work to be performed by the Consultant
pursuant to this Contract, as described in Appendices
hereto.
Sub-Consultants means any person or entity to whom/which the Consultant
subcontracts any part of the Services.
Third Party means any person or entity other than the Client, the
Consultant, Government, SECO or a Sub-Consultant.
In writing means communicated in written form with proof of receipt.
1.2 Relationship Between the Parties
Nothing contained herein shall be construed as establishing a relationship of master
and servant or of principal and agent as between the Client and the Consultant.
The Consultant, subject to this Contract, has complete charge of Personnel and
Sub-Consultants, if any, performing the Services and shall be fully responsible for the
Services performed by them or on their behalf hereunder.
1.3 Law Governing the Contract
This Contract, its meaning and interpretation, and the relation between the Parties
shall be governed by the substantive laws of Switzerland.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
45
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
1.4 Language
All Contract Documents, all correspondence and communications to be given,
and all other documentation to be prepared and supplied under the Contract shall
be written in English, and the Contract shall be construed and interpreted in
accordance with that language.
If any of the Contract Documents, correspondence or communications are
prepared in any language other than the governing language, the English
translation of such documents, correspondence or communications shall prevail in
matters of interpretation.
1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or made
pursuant to this Contract shall be in writing. Any such notice, request or
consent shall be deemed to have been given or made when delivered in
person to an authorized representative of the Party to whom the
communication is addressed, or when sent to such Party at the address
specified in the SC.
1.6.2 A Party may change its address for notice hereunder by giving the other Party
notice in writing of such change to the address specified in the SC.
1.7 Location
The Services shall be performed at such locations as are specified in Appendices
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.
1.8 Authority of Member in Charge
In case the Consultant consists of a joint venture/consortium/association of more
than one entity, the Members hereby authorize the entity specified in the SC to act
on their behalf in exercising all the Consultant’s rights and obligations towards the
Client under this Contract, including without limitation the receiving of instructions
and payments from the Client.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
46
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
1.9 Authorized Representatives
Any action required or permitted to be taken, and any document required or
permitted to be executed under this Contract by the Client or the Consultant may
be taken or executed by the officials specified in the SC.
1.10 Taxes and Duties
The Consultant, Sub-Consultants and Personnel shall pay such indirect taxes, duties,
fees and other impositions levied under the Government’s law as specified in the
SC.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
47
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
2. COMMENCEMENT, COMPLETION, MODIFICATION
AND TERMINATION OF CONTRACT
2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date (the “Effective Date”) of
signature by both parties or of the non-objection declaration by SECO, which ever
is the latest.
2.2 Termination of Contract for Failure to Become Effective
If this Contract has not become effective within such time period after the date of
the Contract signed by the Parties as specified in the SC, either Party may, by not
less than twenty one (21) days written notice to the other Party, declare this
Contract to be null and void, and in the event of such a declaration by either Party,
neither Party shall have any claim against the other Party with respect hereto.
2.3 Commencement of Services
The Consultant shall begin carrying out the Services not later than the number of
days after the Effective Date specified in the SC.
2.4 Expiration of Contract
Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire
at the end of such time period after the Effective Date as specified in the SC.
2.5 Entire Agreement
This Contract contains all covenants, stipulations and provisions 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.
2.6 Modifications or Variations
(a) Any modification or variation of the terms and conditions of this Contract,
including any modification or variation of the scope of the Services, may only
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
48
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
be made by written agreement between the Parties and shall not be effective
until the consent of SECO in writing.
(b) Pursuant to Clause GC 7.2 here of, however, each Party shall give due
consideration to any Proposals for modification or variation made by the other
Party.
2.7 Force Majeure
2.7.1 Definition
(a) 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 which makes a Party’s performance of its obligations
hereunder impossible or so impractical as reasonably to be considered
impossible in the circumstances, and includes, but is not limited to, war,
riots, civil disorder, earthquake, fire, explosion, storm, flood or other
adverse weather conditions, strikes, lockouts or other industrial action
(except where such strikes, lockouts or other industrial action are within
the power of the Party invoking Force Majeure to prevent), confiscation
or any other action by Government agencies.
(b) Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or such Party’s Sub-
Consultants or agents or employees, nor (ii) any event which a diligent
Party could reasonably have been expected both to take into account
at the time of the conclusion of this Contract, and avoid or overcome in
the carrying out of its obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make
any payment required hereunder.
2.7.2 No Breach of Contract
The failure of a Party to fulfil any of its obligations hereunder shall not be
considered to be a breach of, or default under, this Contract insofar 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.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
49
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
2.7.3 Measures to be Taken
(a) A Party affected by an event of Force Majeure shall continue to perform
its obligations under the Contract as far as is reasonably practical, and
shall take all reasonable measures to minimize the consequences of any
event of Force Majeure.
(b) 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) 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.
(c) 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.
(d) 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:
(i) 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
(ii) continue with the Services to the extent 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.
(e) In case the Force Majeure should prevent or cause a delay in execution
of a parties liability stipulated in the Contract for more than three months,
each party shall have the right to cancel on due notification to the other
party and SECO that part of the Contract affected by those events.
(f) In the case of disagreement between the Parties as to the existence or
extent of Force Majeure, the matter shall be settled according to Clause
GC 8.
2.8 Suspension
The Client may, by written notice of suspension to the Consultant, suspend all
payments to the Consultant hereunder if the Consultant fails to perform any of its
obligations under this Contract, including the carrying out of the Services, provided
that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
50
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
request the Consultant to remedy such failure within a period not exceeding thirty
(30) days after receipt by the Consultant of such notice of suspension.
2.9 Termination
2.9.1 By the Client
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 GC 2.9.1. In such
an occurrence the Client shall give a not less than thirty (30) days’ written
notice of termination to the Consultants.
(a) If the Consultant fails to remedy a failure in the performance of its
obligations hereunder, as specified in a notice of suspension pursuant to
Clause GC 2.8 hereinabove, within thirty (30) days of receipt of such
notice of suspension or within such further period as the Client may have
subsequently approved in writing.
(b) If the Consultant becomes (or, if the Consultant consists of more than one
entity, 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.
(c) If the Consultant fails to comply with any final decision reached as a result
of arbitration proceedings pursuant to Clause GC 8 hereof.
(d) If the Consultant, in the judgment of the Client, has engaged in corrupt or
fraudulent practices in competing for or in executing this Contract.
(e) If the Consultant submits to the Client a false statement which has a
material effect on the rights, obligations or interests of the Client.
(f) If, as the result of Force Majeure, the Consultant is unable to perform a
material portion of the Services for a period of not less than sixty (60) days.
2.9.2 By the Consultant
The Consultant may terminate this Contract, by not less than thirty (30) days’
written notice to the Client, in case of the occurrence of any of the events
specified in paragraphs (a) through (e) of this Clause GC 2.9.2.
(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 GC 8 hereof
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
51
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
within forty-five (45) days after receiving written notice from the
Consultant that such payment is overdue.
(b) If, as the result of Force Majeure, the Consultant is unable to perform a
material portion of the Services for a period of not less than sixty (60) days.
(c) If the Client fails to comply with any final decision reached as a result of
arbitration pursuant to Clause GC 8 hereof.
(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.
(e) If the Client, in the judgment of the Consultant, has engaged in corrupt or
fraudulent practices as specified in Clause GC 2.10 in competing for or in
executing this Contract.
2.9.3 Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof,
or upon expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights
and obligations of the Parties hereunder shall cease, except (i) such rights and
obligations as may have accrued on the date of termination or expiration, (ii)
the obligation of confidentiality set forth in Clause GC 3.3 hereof, (iii) the
Consultant’s obligation to permit inspection, copying and auditing of their
accounts and records set forth in Clause GC 3.6 hereof, and (iv) any right
which a Party may have under the Governing Law.
2.9.4 Cessation of Services
Upon termination of this Contract by notice of either Party to the other
pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the Consultant shall,
immediately upon dispatch or receipt of such notice, 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. With respect to documents prepared by the Consultant and
equipment and materials furnished by the Client, the Consultant shall proceed
as provided, respectively, by Clauses GC 3.9 or GC 3.10 hereof.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
52
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
2.9.5 Payment upon Termination
Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2
hereof, the Client shall make the following payments to the Consultant:
(a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily
performed prior to the effective date of termination, and reimbursable
expenditures pursuant to Clause GC 6 hereof for expenditures actually
incurred prior to the effective date of termination; and
(b) except in the case of termination pursuant to paragraphs (a) through (e)
of Clause GC 2.9.1 hereof, reimbursement of any reasonable cost
incidental to the prompt and orderly termination of this Contract
including the cost of the return travel of the Personnel and their eligible
dependents.
2.9.6 Disputes about Events of Termination
If either Party disputes whether an event specified in paragraphs (a) through
(f) of Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party
may, within forty-five (45) days after receipt of notice of termination from the
other Party, refer the matter to Clause GC 8 hereof, and this Contract shall not
be terminated on account of such event except in accordance with the terms
of any resulting arbitral award.
2.10 Integrity Clause
a) If the Consultant has engaged in corrupt, fraudulent, collusive or coercive
practices in competing for or in executing the Contract the Client succumbing
to it has the possibility to annul the Contract by making a private declaration
to that effect to the Consultant within one year from the date of discovery of
the corrupt, fraudulent, collusive or coercive practice.
b) For the purpose of this Clause:
− “corrupt practice” means the offering, giving, receiving, or soliciting of
any thing of value to influence the action of a public official in
the selection process or in contract execution in order to obtain or retain
business or other improper advantage in the conduct of business;
− “fraudulent practice” means a statement of facts in order to influence
the selection process or the execution of a contract to the detriment of
the Client or to gain an unfair advantage;
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
53
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
− “collusive practices” means a scheme or arrangement between two or
more Consultants (prior to or after the Tender submission) , with or without
the knowledge of the Client, designed to establish Tender prices at
artificial, non-competitive levels and to deprive the Client of the benefits
of free and open competition;
− “coercive practices” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in a
selection process, or affect the execution of a contract.
c) The Client will require the successful Consultant to disclose any commissions or
fees that may have been paid or are to be paid to agents, representatives, or
commission agents 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, representative, or commission agent, the amount and
currency, and the purpose of the commission or fee.
d) If it is determined at any time that the Consultant has engaged in corrupt,
fraudulent, collusive or coercive practices the Consultant agrees to reserve to
SECO the right to cancel the portion of grant allocated to the Consultant’s
Contract. Moreover the Consultant agrees to reserve to SECO the right to
declare the Consultant ineligible indefinitely or for a stated period of time, to
participate in SECO-financed projects. These measures shall not limit the
Client’s right to seek other remedies under this Contract or otherwise. In
particular, the right to seek compensation for damages shall not be excluded.
2.11 Intellectual property rights
All intellectual property which arise from the performance of the Contract
(rendering services) are the property of the Client. The Consultant is obligated
to immediately reject any claims from third parties with respect to the
infringement of intellectual property rights, and to bear all resulting costs
incurred by the Client, including payment of damages. The Client is obligated
to immediately inform the Consultant about such claims and to provide all
documents necessary for rejecting such claims, unless prevented by reasons of
confidentiality.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
54
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
3. OBLIGATIONS OF THE CONSULTANT
3.1 General
3.1.1 Standard of Performance
The Consultant shall perform the Services and carry out its obligations
hereunder with all due diligence, efficiency and economy, in accordance
with generally accepted professional standards and practices, and shall
observe sound management practices, and employ appropriate technology
and safe and effective equipment, machinery, materials and methods. The
Consultant shall always act, in respect of any matter relating to this Contract
or to the Services, as faithful adviser to the Client, and shall at all times support
and safeguard the Client’s legitimate interests in any dealings with Sub-
Consultants or Third Parties.
3.1.2 Law Governing Services
The Consultant shall perform the Services in accordance with the mandatory
laws and any other instruments having the force of mandatory law in the
Government’s country and shall take all practicable steps to ensure that any
Sub-Consultants, as well as the Personnel of the Consultant and any Sub-
Consultants, comply with these mandatory laws and instruments. The Client
shall notify the Consultant in writing of relevant local customs, and the
Consultant shall, after such notification, respect such customs.
3.1.3 Liability of Consultant
Subject to additional provisions, if any, set forth in the SC, the Consultants’
liability under this Contract shall be provided by the Law Governing Contract
pursuant to Clause GC 1.3 hereof.
3.2 Conflict of Interests
The Consultant shall hold the Client’s interests paramount, without any consi-
deration for future work, and strictly avoid conflict with other assignments or their
own corporate interests.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
55
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
3.2.1 Consultant Not to Benefit from Commissions, Discounts, etc.
(a) The payment of the Consultant pursuant to Clause GC 6 hereof shall
constitute the Consultant’s only payment in connection with this Contract
and, subject to Clause GC 3.2.2 hereof, the Consultant shall not accept
for its own benefit any trade commission, discount or similar payment in
connection with activities pursuant to this Contract or in the discharge of
its obligations hereunder, and the Consultant shall use its best efforts to
ensure that any Sub-Consultants, as well as the Personnel and agents of
either of them, similarly shall not receive any such additional payment.
(b) Furthermore, if the Consultant, as part of the Services, has the
responsibility of advising the Client on the procurement of goods, works or
services, the Consultant shall comply with the applicable procurement
guidelines, and shall at all times exercise such responsibility in the best
interest of the Client. Any discounts or commissions obtained by the
Consultant in the exercise of such procurement responsibility shall be for
the account of the Client.
3.2.2 Consultant and Affiliates Not to Engage in Certain Activities
The Consultant agrees that, during the term of this Contract and after its
termination, the Consultant and any entity affiliated with the Consultant, as
well as any Sub-Consultants and any entity affiliated with such Sub-
Consultants, shall be disqualified from providing goods, works or services (other
than consulting services) resulting from or directly related to the Consultant’s
Services for the preparation or implementation of the project.
3.2.3 Prohibition of Conflicting Activities
The Consultant shall not engage, and shall cause their Personnel as well as
their Sub-Consultants and their Personnel not to engage, either directly or
indirectly, in any business or professional activities that would conflict with the
activities assigned to them under this Contract.
If this prohibition cannot be implemented satisfactorily for limited specific areas
of the services (due to special circumstances as eg specific know-how
available only with the Consultant) such conflict of interest shall be explicity
disclosed and the parties shall agree on relevance and appropriate measures
to be taken to protect the Client’s interests.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
56
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
3.3 Confidentiality
Except with the prior written consent of the Client and SECO, the Consultant and
the Personnel shall not at any time communicate to any person or entity (with the
exception of SECO) any confidential information acquired in the course of the
Services, nor shall the Consultant and the Personnel make public the
recommendations formulated in the course of, or as a result of, the Services.
3.4 Swiss Content
a) At least 50% (fifty percent) of the assignment (remuneration-based), as well as
all management activities for the assignment, shall be performed by
permanent employees of the Consultant or Swiss Subcontractors, or by
freelance individuals lawfully and permanently residing in Switzerland and
temporarily employed by the Consultant.
b) The Consultant agrees to pay a penalty of ten (10) percent of the
remuneration to SECO for any non-observance of Swiss Content as specified in
paragraph (a) hereof. The payment of this penalty shall not limit the Client's
right to seek other remedies under this Contract or otherwise. In particular, the
right to seek compensation for damages shall not be excluded.
c) Moreover the Consultant is aware of the fact that the non-observance of the
Swiss Content indicated in Appendix A may constitute a fraudulent practice in
terms of section 2.10 (b).
3.5 Insurance to be Taken out by the Consultant
The Consultant (i) shall take out and maintain, and shall cause any Sub-Consultants
to take out and maintain, at their (or the Sub-Consultants’, as the case may be)
own cost but on terms and conditions approved by the Client, insurance against
the risks, and for the coverages specified in the SC, and (ii) at the Client’s request,
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.
3.6 Accounting, Inspection and Auditing
The Consultant (i) shall keep accurate and systematic accounts and records in
respect of the Services hereunder, in accordance with internationally accepted
accounting principles and in such form and detail as will clearly identify all relevant
time changes and costs, and the bases thereof, and (ii) shall periodically permit the
Client or its designated representative and/or SECO, and up to five years from
expiration or termination of this Contract, to inspect the same and make copies
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
57
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
thereof as well as to have them audited by auditors appointed by the Client or
SECO, if so required by the Client or SECO as the case may be.
3.7 Consultant’s Actions Requiring Client’s Prior Approval
The Consultant shall obtain the Client’s and SECO’s prior approval in writing before
taking any of the following actions:
(a) Any change or addition to the Personnel listed in Appendix A.
(b) Subcontracts: the Consultant may subcontract work relating to the Services to
an extent and with such experts and entities as may be approved in advance
by the Client. Notwithstanding such approval, the Consultant shall retain full
responsibility for the Services. In the event that any Sub-Consultants are found
by the Client to be incompetent or incapable in discharging assigned duties,
the Client may request the Consultant to provide a replacement, with
qualifications and experience acceptable to the Client, or to resume the
performance of the Services itself.
(c) Any other action that may be specified in the SC.
3.8 Reporting Obligations
The Consultant shall submit to the Client the reports and documents, in the form, in
the numbers and within the time periods set forth in the SC.
3.9 Documents Prepared by the Consultant to be the Property of the Client
All plans, drawings, specifications, designs, reports, other documents and software
prepared by the Consultant for the Client under this Contract shall become and
remain the property of the Client, and the Consultant shall, not later than upon
termination or expiration of this Contract, deliver all such documents to the Client,
together with a detailed inventory thereof. The Consultant may retain a copy of
such documents and software, and use such software for their own use with prior
written approval of the Client. If license agreements are necessary or appropriate
between the Consultant and third parties for purposes of development of any such
computer programs, the Consultant shall obtain the Client’s prior written approval
to such agreements, and the Client shall be entitled at its discretion to require
recovering the expenses related to the development of the program(s) concerned.
Other restrictions about the future use of these documents and software, if any, shall
be specified in the SC.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
58
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
3.10 Equipment, Vehicles and Materials Furnished by the Client
Equipment, vehicles and materials made available to the Consultant by the Client,
or purchased by the Consultant wholly or partly with funds provided by the Client,
shall be the property of the Client and shall be marked accordingly. Upon
termination or expiration of this Contract, the Consultant shall make available to the
Client an inventory of such equipment, vehicles and materials and shall dispose of
such equipment and materials in accordance with the Client’s instructions. While in
possession of such equipment, vehicles and materials, the Consultant, unless
otherwise instructed by the Client in writing, shall insure them at the expense of the
Client in an amount equal to their full replacement value.
3.11 Equipment and Materials Provided by the Consultants
Equipment or materials brought into the Government’s country by the Consultant
and the Personnel and used either for the Project or personal use shall remain the
property of the Consultant or the Personnel concerned, as applicable.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
59
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
4. CONSULTANTS’ PERSONNEL AND SUB-CONSULTANTS
4.1 General
The Consultant shall employ and provide such qualified and experienced Personnel
and Sub-Consultants as are required to carry out the Services.
4.2 Description of Personnel
(a) The title, agreed job description, minimum qualification and estimated period
of engagement in the carrying out of the Services of each of the Consultant’s
Key Personnel are described in Appendix A. If any of the Key Personnel has
already been approved by the Client, his/her name is listed as well.
(b) If required to comply with the provisions of Clause GC 3.1.1 hereof,
adjustments with respect to the estimated periods of engagement of Key
Personnel set forth in Appendix A may be made by the Consultant by written
notice to the Client, provided (i) that such adjustments shall not alter the
originally estimated period of engagement of any individual by more than 10%
or one week, whichever is larger, and (ii) that the aggregate of such
adjustments shall not cause payments under this Contract to exceed the
ceilings set forth in Clause GC 6.1(b) of this Contract. Any other such
adjustments shall only be made with the Client’s written approval.
(c) If additional work is required beyond the scope of the Services specified in
Appendices, the estimated periods of engagement of Key Personnel set forth
in Appendix A may be increased by agreement in writing between the Client
and the Consultant. In case where payments under this Contract exceed the
ceilings set forth in Clause GC 6.1(b) of this Contract, this will be explicitly
mentioned in the agreement.
4.3 Approval of Personnel
The Key Personnel and Sub-Consultants listed by title as well as by name in
Appendix A are hereby approved by the Client. In respect of other Personnel which
the Consultant proposes to use in the carrying out of the Services, the Consultant
shall submit to the Client for review and approval a copy of their Curricula Vitae
(CVs). If the Client does not object in writing (stating the reasons for the objection)
within twenty-one (21) days from the date of receipt of such CVs, such Personnel
shall be deemed to have been approved by the Client.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
60
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
4.4 Working Hours, Overtime, Leave, etc.
(a) Working hours and holidays for Key Personnel are set forth in Appendix A
hereto. To account for travel time, Foreign Personnel carrying out Services
inside the Client’s country shall be deemed to have commenced, or finished
work in respect of the Services such number of days before their arrival in, or
after their departure from the Client’s country as is specified in Appendices A
hereto.
(b) The Key Personnel shall not be entitled to be paid for overtime nor to take paid
sick leave or vacation leave except as specified in Appendix A hereto, and
except as specified in such Appendix, the Consultant’s remuneration shall be
deemed to cover these items. All leave to be allowed to the Personnel is
included in the staff-months of service set forth in Appendix A. Any taking of
leave by Personnel shall be subject to the prior approval by the Consultant
who shall ensure that absence for leave purposes will not delay the progress
and adequate supervision of the Services.
4.5 Removal and/or Replacement of Personnel
(a) Except as the Client may otherwise agree, no changes shall be made in the
Personnel. If, for any reason beyond the reasonable control of the Consultant,
such as retirement, death, medical incapacity, among others, it becomes
necessary to replace any of the Personnel, the Consultant shall forthwith
provide as a replacement a person of equivalent or better qualifications.
(b) If the Client (i) finds that any of the Personnel has committed serious
misconduct or has been charged with having committed a criminal action, or
(ii) has reasonable cause to be dissatisfied with the performance of any of the
Personnel, then the Consultant shall, at the Client’s written request specifying
the grounds therefore, forthwith provide as a replacement a person with
qualifications and experience acceptable to the Client.
(c) Any of the Personnel provided as a replacement under Clauses (a) and (b)
above, as well as any reimbursable expenditures (including expenditures due
to the number of eligible dependents) the Consultants may wish to claim as a
result of such replacement, shall be subject to the prior written approval by the
Client. The rate of remuneration applicable to a replacement person will be
obtained by multiplying the rate of remuneration applicable to the replaced
person by the ratio between the monthly salary to be effectively paid to the
replacement person and the average salary effectively paid to the replaced
person in the period of six months prior to the date of replacement. Except as
the Client may otherwise agree, (i) the Consultant shall bear all additional
travel and other costs arising out of or incidental to any removal and/or
replacement, and (ii) the remuneration to be paid for any of the Personnel
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
61
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
provided as a replacement shall not exceed the remuneration which would
have been payable to the Personnel replaced.
4.6 Resident Project Manager
If required by the SC, the Consultant shall ensure that at all times during the
Consultant’s performance of the Services in the Government’s country a resident
project manager, acceptable to the Client, shall take charge of the performance
of such Services.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
62
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
5. OBLIGATIONS OF THE CLIENT
The duties of the Client are in the responsibility of the Office of the Prime Minister of
Kosovo.
5.1 Assistance and Exemptions
Unless otherwise specified in the SC, the Client shall use its best efforts to ensure that
the Government shall:
(a) Provide the Consultant, Sub-Consultants and Personnel with work permits and
such other documents as shall be necessary to enable the Consultant, Sub-
Consultants or Personnel to perform the Services.
(b) Arrange for the Personnel and, if appropriate, their eligible dependents to be
provided promptly and free of charge with all necessary entry and exit visas,
residence permits, exchange permits and any other documents required for
their stay in the Government’s country.
(c) Facilitate prompt clearance through customs of any property required for the
Services and of the personal effects of the Personnel and their eligible
dependents.
(d) Issue to officials, agents and representatives of the Government all such
instructions as may be necessary or appropriate for the prompt and effective
implementation of the Services.
(e) Exempt the Consultant and the Personnel and any Sub-Consultants employed
by the Consultant for the Services from any requirement to register or obtain
any permit to practice their profession or to establish themselves either
individually or as a corporate entity according to the Government’s law.
(f) Grant to the Consultant, any Sub-Consultants and the Personnel of either of
them the privilege, pursuant to the Government’s law, of bringing into the
Government’s country reasonable amounts of foreign currency for the
purposes of the Services or for the personal use of the Personnel and their
dependents and of withdrawing any such amounts as may be earned therein
by the Personnel in the execution of the Services.
(g) Provide to the Consultant, Sub-Consultants and Personnel any such other
assistance as may be specified in the SC.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
63
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
5.2 Access to Land
The Client warrants that the Consultant shall have, free of charge, unimpeded
access to all land in the Government’s country in respect of which access is
required for the performance of the Services. The Client will be responsible for any
damage to such land or any property thereon resulting from such access and will
indemnify the Consultant and each of the Personnel in respect of liability for any
such damage, unless such damage is caused by the default or negligence of the
Consultant or any Sub-Consultants or the Personnel of either of them.
5.3 Services, Facilities and Property of the Client
(a) The Client shall make available to the Consultant and the Personnel, for the
purposes of the Services and free of any charge, the services, facilities and
property described in Appendix D at the times and in the manner specified in
said Appendix D.
(b) In case that such services, facilities and property shall not be made available
to the Consultant as and when specified in Appendix D, the Parties shall agree
on (i) any time extension that it may be appropriate to grant to the Consultant
for the performance of the Services, (ii) the manner in which the Consultant
shall procure any such services, facilities and property from other sources, and
(iii) the additional payments, if any, to be made to the Consultant as a result
thereof pursuant to Clause GC 6.1(c) hereinafter.
5.4 Payment
In consideration of the Services performed by the Consultant under this Contract,
the Client shall make to the Consultant such payments and in such manner as is
provided by Clause GC 6 of this Contract.
5.5 Counterpart Personnel
(a) The Client shall make available to the Consultant free of charge such
professional and support counterpart personnel, to be nominated by the
Client with the Consultant’s advice, if specified in Appendix D.
(b) If counterpart personnel are not provided by the Client to the Consultant as
and when specified in Appendix D the Client and the Consultant shall agree
on (i) how the affected part of the Services shall be carried out, and (ii) the
additional payments, if any, to be made by the Client to the Consultant as a
result thereof pursuant to Clause GC 6.1(c) hereof.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
64
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
(c) Professional and support counterpart personnel, excluding Client’s liaison
personnel, shall work under the exclusive direction of the Consultant. 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, the Consultant may request the replacement of
such member, and the Client shall not unreasonably refuse to act upon such
request.
5.6 Other Obligations
The Client shall fulfil any other obligation as specified in SC.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
65
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
6. PAYMENTS TO THE CONSULTANT
6.1 Cost Estimates; Ceiling Amount
(a) An estimate of the cost of the Services payable in local currency is set forth in
Appendices A or C.
(b) Except as may be otherwise agreed under Clause GC 2.6 and subject to
Clause GC 6.1(c), payments under this Contract shall not exceed the ceiling
amounts specified in the SC. The Consultant shall notify the Client as soon as
cumulative charges incurred for the Services have reached 80% of the ceiling.
(c) Notwithstanding Clause GC 6.1(b) hereof, if pursuant to any of the Clauses GC
5.3, 5.4 or 5.6 hereof, the Parties shall agree that additional payments, as the
case may be, shall be made to the Consultant in order to cover any necessary
additional expenditures not envisaged in the cost estimates referred to in
Clause GC 6.1(a) above, the ceiling or ceilings, as the case may be, set forth
in Clause GC 6.1(b) above shall be increased by the amount or amounts, as
the case may be, of any such additional payments. Such increases require
SECO’s non-objection.
6.2 Remuneration and Reimbursable Expenses
(a) Subject to the ceilings specified in Clause GC 6.1(b) hereof, the Client shall
pay to the Consultant (i) remuneration as set forth in Clause GC 6.2.(b)
hereunder, and (ii) reimbursable expenses as set forth in Clause GC 6.2(c)
hereunder. Unless otherwise specified in the SC, said remuneration shall be
fixed for the duration of the Contract.
(b) Payment for the Personnel shall be determined on the basis of time actually
spent by such Personnel in the performance of the Services after the date
determined in accordance with Clause GC 2.3 and Clause SC 2.3 (including
time for necessary travel via the most direct route) (or such other date as the
Parties shall agree in writing), at the rates referred to in Clause SC 6.2(b), and
subject to price adjustment, if any, specified in Clause SC 6.2(a).
(c) Reimbursable expenses actually and reasonably incurred by the Consultant in
the performance of the Services, as specified in Clause SC 6.2(c).
(d) The remuneration rates referred to under paragraph (b) here above shall
cover:
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
66
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
(i) such salaries and allowances as the Consultant shall have agreed to pay
to the Personnel as well as factors for social charges and overhead
(bonuses or other means of profit-sharing shall not be allowed as an
element of overhead),
(ii) the cost of backstopping by home office staff, and
(iii) the Consultant’s fee.
(e) Payments for periods of less than one month shall be calculated on an hourly
basis for actual time spent in the Consultant’s home office and directly
attributable to the Services (one hour being equivalent to 1/176th of a month)
and on a calendar-day basis for time spent away from home office (one day
being equivalent to 1/30th of a month).
6.3 Currency of Payment
(a) Payments shall be made in the currency or currencies specified in the SC.
(b) The SC shall specify which items of remuneration and reimbursable
expenditure shall be paid, respectively, in which currency.
6.4 Mode of Billing and Payment
Billing and payments in respect of the Services shall be made as follows:
(a) An advance payment will be made once the contract has come into force
and effect and against submission of an invoice and an advance payment
guarantee as specified in the SC. Failure to meet the deadline indicated in the
SC for the submission of the advance payment guarantee shall constitute
sufficient grounds for the annulment of the Contract.
(b) As soon as practicable and not later than fifteen (15) days after the end of
each calendar month during the period of the Services, or after the end of
each time intervals otherwise indicated in the SC, the Consultant shall submit
to the Client, with a copy to SECO, itemized statements in line with SECO’s
standard format, accompanied by copies of invoices, vouchers and other
appropriate supporting materials, of the amounts payable pursuant to Clauses
GC 6.1 and GC 6.2 for such month, or any other period indicated in the SC.
Separate statements shall be submitted in respect of amounts payable in
each currency. Each statement shall distinguish that portion of the total
eligible costs which pertains to remuneration from that portion which pertains
to reimbursable expenses. The Contract is Swiss VAT-exempted since it is to be
carried out in the framework of the contractual relationship to the Client and
the major part of the services will be rendered in the Client’s country.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
67
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
(c) SECO shall pay the Consultant’s statements within forty-five (45) days after the
receipt by SECO of such statements with supporting documents and upon
approval of the statements by the Client and SECO. SECO reserves the right to
consider payment of invoices without Client's approval if no written objection
has been given by the Client within thirty (30) day after receipt of such
statements. Only such portion of a statement that is not satisfactorily supported
may be withheld from payment. Should any discrepancy be found to exist
between actual payment and costs authorized to be incurred by the
Consultant, the difference may be added or subtracted from any subsequent
payments.
(d) The final payment under this Clause shall be made only after the final report
and a final statement, identified as such, shall have been submitted by the
Consultant and approved as satisfactory by the Client and SECO. The Services
shall be deemed completed and finally accepted by the Client and SECO
and the final report and final statement shall be deemed approved by the
Client and SECO as satisfactory ninety (90) calendar days after receipt of the
final report and final statement by the Client and SECO unless the Client or
SECO, within such ninety (90) day period, gives written notice to the Consultant
specifying in detail deficiencies in the Services, the final report or final
statement. The Consultant shall thereupon promptly make any necessary
corrections, and thereafter the foregoing process shall be repeated. Any
amount, which SECO has paid or caused to be paid in accordance with this
Clause in excess of the amounts actually payable in accordance with the
provisions of this Contract, shall be reimbursed by the Consultant to SECO
within thirty (30) days after receipt by the Consultant of notice thereof. Any
such claim by SECO for reimbursement must be made within twelve (12)
calendar months after receipt by the Client of a final report and a final
statement approved by the Client in accordance with the above.
(e) All payments under this Contract shall be made to the accounts of the
Consultant specified in the SC.
(f) Payments in respect of remuneration or reimbursable expenses, which exceed
the cost estimates for these items as set forth in Appendices A or C, may be
charged to the respective contingencies provided for foreign and local
currencies only if such expenditures were approved by the Client and SECO
prior to being incurred.
(g) With the exception of the final payment under (d) above, payments do not
constitute acceptance of the Services nor relieve the Consultant of any
obligations hereunder.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
68
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
7. FAIRNESS AND GOOD FAITH
7.1 Good Faith
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 ensure the realization of the
objectives of this Contract.
7.2 Operation of the Contract
The Parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties hereby
agree that it is their intention that this Contract shall operate fairly as between
them, and without detriment to the interest of either of them, and that, if during the
term of this Contract either Party believes that this Contract is operating unfairly, the
Parties will use their best efforts to agree on such action as may be necessary to
remove the cause or causes of such unfairness, but no failure to agree on any
action pursuant to this Clause shall give rise to a dispute subject to arbitration in
accordance with Clause GC 8 hereof.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
69
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
8. SETTLEMENT OF DISPUTES
8.1 Amicable Settlement
If either Party objects to any action or inaction of the other Party, the objecting
Party may file a written Notice of Dispute to the other Party providing in detail the
basis of the dispute. The Party receiving the Notice of Dispute will consider it and
respond in writing within 14 days after receipt. If that Party fails to respond within 14
days, or the dispute cannot be amicably settled within 14 days following the
response of that Party, Clause GC 8.2 shall apply.
8.2 Dispute Resolution
(a) Any dispute between the Parties as to matters arising pursuant to this Contract
that cannot be settled amicably according to Clause GC 8.1 may be
submitted by either Party for settlement in accordance with the following
provisions.
(b) Any dispute submitted by a party to arbitration shall be heard by a sole
arbitrator, or by an arbitration panel composed of three arbitrators, in
accordance with the provisions set forth below.
(c) The Client and the Consultant shall each appoint one arbitrator, and these
two arbitrators shall jointly appoint a third arbitrator, who shall chair the
arbitration panel.
If the arbitrators named by the parties do not succeed in appointing a third
arbitrator within twenty-eight (28) days after the latter of the two arbitrators
named by the parties has been appointed, the third arbitrator shall, at the
request of either party, be appointed by the International Chamber of
Commerce, Paris.
(d) If one party fails to appoint its arbitrator within twenty-eight (28) days after the
other party has appointed its arbitrator, the party which has named an
arbitrator may request the International Chamber of Commerce, Paris to
appoint a sole arbitrator for the matter in dispute, and the arbitrator
appointed pursuant to such application shall be the sole arbitrator for that
dispute.
(e) If for any reason an arbitrator is unable to perform its function, a substitute shall
be appointed in the same manner as the original arbitrator.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
70
Standard Tender Documents
Selection of Consultants Volume II: General Conditions of Contract
(f) 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 and in the
language in which this Contract has been executed.
(g) The sole arbitrator or third arbitrator appointed pursuant to Clause (c) or (d)
hereof 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 or of the Client’s.
(h) 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. The parties thereby
waive any objections to or claims of immunity from such enforcement.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
71
Standard Tender Documents
Selection of Consultants Volume II: Special Conditions of Contract
III. SPECIAL CONDITIONS OF CONTRACT
(Clauses in brackets [ ] are optional; all notes should be deleted in final text)
Number of GC Amendments of, and Supplements to, Clauses in the General Conditions of
Clause Contract
1.6.1 The addresses are:
Client: Swiss Cooperation Office, Pristina
Attention: Ms. Hajrije Morina
Address: Adrian Krasniqi Nr. 11, 10060 Pristina
Facsimile:
e-mail address: hajrije.morina@sdc.net
Consultant:
Attention:
Address:
Facsimile:
e-mail address:
Notice will be deemed to be effective as follows:
(a) in the case of personal delivery or registered mail, on delivery;
(b) in the case of e-mail, twenty four (24) hours following confirmed
transmission;
(c) in the case of telegrams, twenty four (24) hours following confirmed
transmission; and
(d) in the case facsimiles, twenty four (24) hours following transmission.
1.8 The Member in Charge is [insert name of member, in case of joint venture /
consortium / association)] ______________________________
Note: If the Consultant consists of a joint venture/ consortium/ association of
more than one entity, the name of the entity whose address is specified in
Clause SC 1.6 should be inserted here. If the Consultant consists only of one
entity, this Clause SC 1.8 should be deleted from the SC.
1.9 The Authorized Representatives are: ___________________________________
For the Client: ___________________________________
For the Consultant: ___________________________________
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
72
Standard Tender Documents
Selection of Consultants Volume II: Special Conditions of Contract
1.10 The Office of the Prime Minister of Kosovo warrants that the Consultant, the
Sub-Consultants and the Personnel shall be exempt from (or that the Office
of the Prime Minister of Kosovo shall pay on behalf of the Consultant, the
Sub-Consultants and the Personnel, or shall reimburse the Consultant, the
Sub-Consultants and the Personnel for) any taxes, duties, fees, levies and
other impositions imposed, under the Government’s law, on the Consultant,
the Sub-Consultants and the Personnel in respect of:
(a) any payments whatsoever made to the Consultant, Sub-Consultants
and the Personnel (other than nationals or permanent residents of the
Government’s country), in connection with the carrying out of the
Services;
(b) any equipment, materials and supplies brought into the Government’s
country by the Consultant or Sub-Consultants for the purpose of
carrying out the Services and which, after having been brought into
such territories, will be subsequently withdrawn there from by them;
(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;
(d) any property brought into the Government’s country by the
Consultant, any Sub-Consultants or the Personnel (other than nationals
or permanent residents of the Government’s country), or the eligible
dependents of such Personnel for their personal use and which will
subsequently be withdrawn there from by them upon their respective
departure from the Government’s country, provided that:
(1) the Consultant, Sub-Consultants and Personnel, and their eligible
dependents, shall follow the usual customs procedures of the
Government’s country in importing property into the
Government’s country; and
(2) if the Consultant, Sub-Consultants or Personnel, or their eligible
dependents, do not withdraw but dispose of any property in the
Government’s country upon which customs duties and taxes
have been exempted, the Consultant, Sub-Consultants or
Personnel, as the case may be, (i) shall bear such customs duties
and taxes in conformity with the regulations of the Government’s
country, or (ii) shall reimburse them to the Client if they were paid
by the Client at the time the property in question was brought
into the Government’s country.
2.2 The time period shall be 3 months.
2.3 The time period shall be 30 days.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
73
Standard Tender Documents
Selection of Consultants Volume II: Special Conditions of Contract
2.4 A termination after two years is possible under following conditions:
According to the Implementing Memorandum of Understanding concerning
the "Support to Water Task Force Project", a mid-term review will be carried
out after 18 months after Project start, which shall verify if the intermediate
goals agreed during Project inception phase have been reached. Should
the findings of the review be negative, this Contract will be terminated after
24 months after the effective date of this Contract without possibility of
claims by the Consultant.
Otherwise the time period shall be 36 months or after fulfilment of all
obligations of the present Contract, whatever last.
3.4 No Swiss content or Swiss Added Value is required within the execution of this
Project.
3.5 The risks and the coverage shall be as follows:
(a) Third Party motor vehicle liability insurance in respect of motor vehicles
operated in the Government’s country by the Consultant or its
Personnel or any Sub-Consultants or their Personnel, with a minimum
coverage of 150’000 €;
(b) Third Party liability insurance, with a minimum coverage of 1 million €;
(c) employer’s liability and workers’ compensation insurance in respect of
the Personnel of the Consultant and of any Sub-Consultants, in
accordance with the relevant provisions of the applicable law, as well
as, with respect to such Personnel, any such life, health, accident,
travel or other insurance as may be appropriate; and
(d) insurance against loss of or damage to (i) equipment purchased in
whole or in part with funds provided under this Contract, (ii) the
Consultant’s property used in the performance of the Services, and (iii)
any documents prepared by the Consultant in the performance of the
Services.
3.8 The reporting requirements are as specified in the Terms of Reference
(Appendix B).
3.9 “The Consultant shall not use these documents and software for purposes
unrelated to this Contract without the prior written approval of the Client.”
5 The duties of the Client are in the responsibility of the Office of the Prime
Minister of Kosovo.
5.1 (g) The Water Task Force shall be established after signature of the
Implementing Memorandum of Understanding, IMoU, between the Swiss
and Kosovo Government (signed on 7th of October 2008).
5.6 The Office of the Prime Minister will make available appropriate office space
and will cover all office related expenses.
6.1 (b) The ceiling in foreign currency or currencies is: _€
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
74
Standard Tender Documents
Selection of Consultants Volume II: Special Conditions of Contract
6.2 (a) Payments for remuneration shall be fixed for 34 months. Should this period be
exceeded, payments for remuneration made in accordance with Clause
GC 6.2(a) shall be adjusted as follows:
Remuneration paid in Euro pursuant to the rates shall be adjusted
every 12 months (the first time with effect for the remuneration earned
in the first calendar month after the time period mentioned above,
during which the remuneration is fixed) by applying the following
formula:
If If
Rf = Rfo x or Rf = Rfo x [ 0.1 + 0.9 ]
Ifo Ifo
where Rf is the adjusted remuneration, Rfo is the remuneration payable
on the basis of the rates for remuneration payable in Euro, If is the
official index for salaries in the country of Kosovo for the first month for
which the adjustment is supposed to have effect, and Ifo is the official
index for salaries in Kosovo for the month of the date of the Contract.
6.2 (b) The rates for Personnel are set forth in Appendix A or C.
6.2 (c) The Reimbursable Expenses to be paid are set forth in Appendix A and
specified in Appendix E.
6.3 The currency shall be Euro.
6.4 (a) No advance payment will be made.
6.4 (b) The itemized statements, accompanied by copies of invoices, vouchers and
other appropriate supporting materials shall be forwarded to the Swiss
Cooperation Office's address indicated under SC 1.6.1. Copies shall be sent
to the Office of Prime Minister address:
Government Building
Nena Tereze street, n.n.
Prishtina
The Consultant shall submit to the Swiss Cooperation Office and to the Client
itemized statements at time intervals of 3 months.
6.4 (e) The account is:
Please fill in your bank account
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
75
Standard Tender Documents
Selection of Consultants Volume II: Special Conditions of Contract
MODEL FORM I
See Note to Form on Clause SC 6.2(b)
Note: Could be integrated in Appendix A
Breakdown of Agreed Fixed Rates in Consultant’s Contract
WE HEREBY confirm that we have agreed to pay to the staff members listed, who will be involved in this assignment, the basic
salaries and away from headquarters allowances (if applicable) indicated below:
(Expressed in [insert name of currency])
Personnel 1 2 3 4 5 6 7 8
Name Position Basic Salary per Social Overhead1 Subtotal Fee2 Away from Agreed Fixed Swiss Content
Working Charges1 Headquarters Rate per Working (expressed
Month/Day/Year Allowance Month/Day/Year in percentage)
Home Office
Field
1 Expressed as Percentage of 1 2 Expressed in percentage of 4
Signature: __________________________________ Date: __________________________
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
76
Standard Tender Documents
Selection of Consultants Volume II: Special Conditions of Contract
Name: _______________________ Title: ________
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
77
Standard Tender Documents
Selection of Consultants Volume II: Appendices
IV. APPENDICES
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
78
Standard Tender Documents
Selection of Consultants Volume II: Appendices
APPENDIX A – MINUTES OF CONTRACT CLARIFICATION MEETING
(including agreed staff and cost schedules)
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
79
Standard Tender Documents
Selection of Consultants Volume II: Appendices
APPENDIX B – TERMS OF REFERENCE (TOR)
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
80
Standard Tender Documents
Selection of Consultants Volume II: Appendices
APPENDIX C – CONSULTANT’S OFFER
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
81
Standard Tender Documents
Selection of Consultants Volume II: Appendices
APPENDIX D - DUTIES OF THE CLIENT
The duties of the Client are specified in GC and SC 5.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
82
Standard Tender Documents
Selection of Consultants Volume II: Appendices
APPENDIX E – REIMBURSABLE EXPENSES
Reimbursable expenses (items that are not applicable should be deleted; others
may be added):
(a) Per diem allowances for each of the Foreign or Local Personnel for every day
in which such Personnel shall be absent from his home office and shall be
outside the Client’s country.
(b) Air transport for Foreign Personnel:
(i) the cost of international transportation of the foreign Personnel by the
most appropriate means of transport and the most direct practicable
route to and from the Consultants’ home office; in the case of air travel,
this shall be by economy class unless otherwise agreed;
(ii) for any foreign Personnel spending twenty-four (24) consecutive months
or more in the Client’s country, one extra round trip will be reimbursed for
every twenty-four (24) months of assignment in the Client’s country. Such
Personnel will be entitled to such extra round trip only if upon their return
to the Client’s country, such Personnel are scheduled to serve for the
purposes of the Project for a further period of not less than six (6)
consecutive months.
(c) Air transport for dependents: the cost of transportation to and from the Client’s
country of eligible dependents who shall be the spouse and not more than
two (2) unmarried dependent children under eighteen (18) years of age of
those of the Foreign Personnel assigned to resident duty in the Client’s country
for the purpose of the Services for periods of six (6) consecutive months or
longer, provided that the stay of such dependents in the Client’s country shall
have been for not less than three (3) consecutive months duration. If the
assignment period for resident staff of the Foreign Personnel will be thirty (30)
months or more, one extra economy class air trip for their eligible dependents
for every twenty-four (24)-month assignment will be reimbursed.
(d) Miscellaneous travel expenses:
(i) for the air travel of each of the Foreign Personnel, and each eligible
dependent, the cost of excess baggage up to twenty (20) kilograms per
person, or the equivalent in cost of unaccompanied baggage or air
freight;
4ce89365-fe30-400e-a44e-4a6327b100c7.doc
83
Standard Tender Documents
Selection of Consultants Volume II: Appendices
(ii) the fixed unit price per round trip for miscellaneous travel expenses such
as the cost of transportation to and from airports, airport taxes, passport,
visas, travel permits, vaccinations, etc.
(e) International communications: the cost of communications (other than those
arising in the Client’s country) reasonably required by the Consultant for the
purposes of the Services.
(f) The cost of printing, reproducing and shipping of the documents, reports,
drawings, etc.
(g) The cost of acquisition, shipment and handling of the following equipment,
instruments, materials and supplies required for the Services, to be imported by
the Consultants and to be paid for by the Client (including transportation to
the Client’s country).
(h) The cost of transport of personal effects.
(i) The rate for the programming and use of, and communication between, the
computers for the purpose of the Services.
(j) The cost of laboratory tests on materials, model tests and other technical
services authorized or requested by SECO.
(k) The foreign currency cost of any subcontract required for the Services and
approved in writing by SECO.
(l) The cost of training of the Client’s personnel outside the Client’s country, if
training is a major component of the assignment, specified as such in the TOR.
(m) The cost of such further items not covered in the foregoing but which may be
required by the Consultants for the purpose of the Services, subject to the prior
authorization in writing by SECO.
4ce89365-fe30-400e-a44e-4a6327b100c7.doc