SRFP

Islamic Republic of Afghanistan
[Name of the Entity]
Selection of Consultants
Request for Proposals
RFP Ref. No.: [The Entity Contract/ Procurement Ref. Number/NPA Ref.
Number]
Selection of Consulting Services for: [Name of the Assignment]
Project Name: [Name of the Project]

Grant No: [if applicable under donor’s funded projects]
Project ID No.: [if applicable under donor’s funded projects]
PP Ref. No.: [Procurement Plan Ref. Number, if applicable under donor’s
funded projects]
Month/Year
‫ب‬
‫ب‬
National Procurement Authority – Standard Request for Proposal
Preface
This Standard Request for Proposal document was prepared, by NPA, in line with
similar standard Request for Proposal documents used by multi-lateral
international developing bodies, and shall be used by procuring entities for the
procurement of services financed through public fund 1 using procurement
methods; Open Bidding, Restricted Bidding and Single-source procurement.
This document has been prepared in the light of the provisions of the Procurement
Law and Rules of Procedure, and in case of any differences between the provisions
of this bidding document and those of the Procurement Law and Rules of
Procedure, preference shall be given to the Procurement Law and Rule of
Procedure.
On introduction of this Standard Request for Proposal document for use, the
Standard Request for Proposal Document for Procurement of Services attached
with circular number (PPU/C029/1388, issued by Procurement Policy Unit (PPU)
of the Ministry of Finance (MoF) shall be nullified and unusable.
Compliant to the provisions of article 4.2 of the Procurement Law, procuring
entities can use Standard Request for Proposal Documents (SRFP) of concerning
donor agencies in procurements financed by the agencies.
Copies of this Bidding Document shall be obtained from the following locations:
Office of the Administrative Affairs of the President
National Procurement Authority
Procurement Policy Directorate
Marmarin Palace, Kabul, Afghanistan
www.npa.gov.af
1
Public Fund refers to the money or other financial assets and revenues of the procuring entity prescribed in
article 8th of the Law on Management of Financial Affairs and Public Expenditures, and shall include any
financial resources available to the entity through budget process, as well as, other budgetary funds comprising
grants and cash donations put to the disposal of the entity.
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SUMMARY DESCRIPTION
STANDARD REQUEST FOR PROPOSALS
PART I – SELECTION PROCEDURES AND REQUIREMENTS
Section 1: Letter of Invitation (LOI)
This Section is a template of a letter from the Entity addressed to a shortlisted consulting firm
inviting it to submit a proposal for a consulting assignment. The LOI includes a list of all
shortlisted firms to whom similar letters of invitation are sent, and a reference to the selection
method and applicable Procurement Law and Procedure that govern the selection and award
process.
Section 2: Instructions to Consultants (ITC) and Data Sheet
“Instructions to Consultants” contains provisions that must be used without any

modifications. “Data Sheet” contains information specific to each selection and corresponds
to the clauses in “Instructions to Consultants” that call for selection-specific information to
be added. This Section provides information to help shortlisted consultants prepare their
proposals. Information is also provided on the submission, opening and evaluation of
proposals, contract negotiation and award of contract. Information in the Data Sheet indicates
whether a Full Technical Proposal (FTP) or a Simplified Technical Proposal (STP) shall be
used.
Section 3: Technical Proposal – Standard Forms
This Section includes the forms for FTP and STP that are to be completed by the shortlisted
consultants and submitted in accordance with the requirements of Section 2.
Section 4: Financial Proposal – Standard Forms
This Section includes the financial forms that are to be completed by the shortlisted
consultants, including the consultant’s costing of its technical proposal, which are to be
submitted in accordance with the requirements of Section 2.
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Section 5: Terms of Reference (TORs)
This Section describes the scope of services, objectives, goals, specific tasks required to
implement the assignment, and relevant background information; provides details on the
required qualifications of the key experts; and lists the expected deliverables. This Section
shall not be used to over-write provisions in Section 2.
PART II – CONDITIONS OF CONTRACT AND CONTRACT FORMS
Section 6: Standard Forms of Contract
This Section includes two types of standard contract forms for large or complex assignments
and small assignments: a Time-Based Contract and a Lump-Sum Contract for both types.
Each type includes General Conditions of Contract (“GCC”) that must not be modified, and
Special Conditions of Contract (“SCC”). The SCC include clauses specific to each contract
to supplement the General Conditions.
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TABLE OF CLAUSES
Part I - SELECTION PROCEDURES AND REQUIREMENTS Page no. here
Section 1. Letter of Invitation
Section 2. Instructions to Consultants and Data Sheet
A. General Provisions
1. Definitions…………………
2. Introduction…………………….
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PART I
SELECTION PROCEDURES AND REQUIREMENTS
SECTION 1. LETTER OF INVITATION
[Date: [NPA Ref No:.............................]

[PP No:......................................]
[Grant No:.................................]
Dear Mr./Ms.:
1. The [insert: name of Procuring Entity] (hereinafter called “Procuring Entity”) [select:
has received or has applied for] financing from the [select: Ministry of Finance or Name
of Provider of Funds] (hereinafter called “Funds”) toward the cost of [insert: name of
Project]. The Procuring Entity intends to apply a portion of the funds to eligible
payments under the contract for which this Request for Proposals is issued.
2. The [insert: name of Procuring Entity] now invites proposals to provide the following
consulting services: [insert: name of consulting services assignment]. More details on
the services are provided in the Terms of Reference.
3. This Request for Proposal (RFP) has been addressed to the following shortlisted
Consultants:
Type of Country of
No Name of Consultant Leading partner
association Incorporation
1.
2.
3.
4.
5.
6.
4. It is not permissible to transfer this invitation to any other firm.
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5. A firm will be selected under [insert: Selection Method] and procedures described in this
Request for Proposals, in accordance with the provisions of the [select: Procurement Law
and Rules of Procedure for Procurement of the Islamic Republic of Afghanistan or the
Name of the Provider of Funds Procurement Guidelines or Directives or Rules].
6. The RFP includes the following documents:

Section 1 - Letter of Invitation
Section 2 - Instructions to Consultants (including Data Sheet)
Section 3 - Technical Proposal - Standard Forms
Section 4 - Financial Proposal - Standard Forms
Section 5 - Terms of Reference
Section 6 - Standard Forms of Contract
7. Please inform us in writing at the following address [insert address], upon receipt:
(a) that you received the Letter of Invitation; and
(b) whether you will submit a proposal alone or in association.
8. Details on the proposal’s submission date, time and address are provided in Clauses 17.7
and 17.9 of the ITC.
Yours sincerely,
[insert: Signature, name, and title of Procuring Entity’s Representative]
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SECTION 2. INSTRUCTIONS TO CONSULTANTS

[“Notes to the Procuring Entity”: this Section 2 - Instructions to Consultants shall not be
modified. Any necessary changes, acceptable to the NPA, to address Afghanistan’s and project
issues, to supplement, but not over-write, the provisions of the Instructions to Consultants (ITC),
shall be introduced through the Data Sheet only, (e.g., by adding new reference Clause). “Notes
to the Procuring Entity” should be deleted from the final RFP issued to the shortlisted
Consultants]
A. General Provisions
1. Definitions (a) “Applicable Law” means the laws and any other
instruments having the force of law in Afghanistan.
(b) “Entity” means the Procuring Entity with which the
selected Consultant signs the Contract for the
Consultancy Services.
(c) “NPA” means National Procurement Authority
(d) “Consultant” means any entity or person that may
provide or provides the Services to the Entity under the
Contract.
(e) “Affiliate(s)” means an individual or an entity that
directly or indirectly controls, is controlled by, or is
under common control with the Consultant.
(f) “Contract” means a legally binding written agreement
signed between the Entity and the Consultant and
includes all the attached documents listed in its Clause
1 (the General Conditions of Contract (GCC), the
Special Conditions of Contract (SCC), and the
Appendices).
(g) “Data Sheet” means an integral part of the Instructions
to Consultants (ITC) Section 2 that is used to reflect
specific country and assignment conditions to
supplement, but not to over-write, the provisions of the
ITC.
(h) “Day” means a calendar day.
(i) “Experts” means, collectively, Key Experts, Non-Key
Experts, or any other personnel of the Consultant, Sub-
consultant or Joint Venture member(s).
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(j) “Government” means the government of Islamic

Republic of Afghanistan.
(k) “ITC” (this Section 2 of the RFP) mean the Instructions
to Consultants that provides the shortlisted Consultants
with all information needed to prepare their Proposals.
(l) “Joint Venture (JV)” means an association with or
without a legal personality distinct from that of its
members, of more than one Consultant where one
member has the authority to conduct all business for
and on behalf of any and all the members of the JV,
and where the members of the JV are jointly and
severally liable to the Entity for the performance of the
Contract.
(m) “Key Expert(s)” means an individual professional whose
skills, qualifications, knowledge and experience are
critical to the performance of the Services under the
Contract and whose CV is taken into account in the
technical evaluation of the Consultant’s proposal.
(n) “LOI” (this Section 1 of the RFP) means the Letter of
Invitation being sent by the Entity to the shortlisted
Consultants.
(o) “Non-Key Expert(s)” means an individual professional
provided by the Consultant or its Sub-consultant and
who is assigned to perform the Services or any part
thereof under the Contract and whose CVs are not
evaluated individually.
(p) “Proposal” means the Technical Proposal and the
Financial Proposal of the Consultant.
(q) “Provider of Funds” means any type of organization,
institution and entity providing fund for the payments of
services under a budget, a grant, a loan, a credit or under
any other form of financial agreement.
(r) “RFP” means the Request for Proposals to be prepared
by the Entity for the selection of Consultants, based on
the SRFP.
(s) “Services” means the work to be performed by the
Consultant pursuant to the Contract.
(t) “SRFP” means the Standard Request for Proposals,
which must be used by the Entity as the basis for the
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preparation of the RFP.

(u) “Sub-consultant” means an entity to whom the
Consultant intends to subcontract any part of the
Services while remaining responsible to the Entity
during the performance of the Contract.
(v) “TORs” (this Section 7 of the RFP) means the Terms of
Reference that explain the objectives, scope of work,
activities, and tasks to be performed, respective
responsibilities of the Entity and the Consultant, and
expected results and deliverables of the assignment.
2. introduction 2.1 The Entity named in the Data Sheet intends to select a
Consultant from those listed in the Letter of Invitation, in
accordance with the method of selection specified in the
Data Sheet.
2.2 The shortlisted Consultants are invited to submit a
Technical Proposal and a Financial Proposal, or a
Technical Proposal only, as specified in the Data Sheet,
for consulting services required for the assignment named
in the Data Sheet. The Proposal will be the basis for
negotiating and ultimately signing the Contract with the
selected Consultant.
2.3 The Consultants should familiarize themselves with the
local conditions and take them into account in preparing
their Proposals, including attending a pre-proposal
conference if one is specified in the Data Sheet.
Attending any such pre-proposal conference is optional
and is at the Consultants’ expense.
2.4 The Entity will timely provide, at no cost to the
Consultants, the inputs, relevant project data, and reports
required for the preparation of the Consultant’s Proposal
as specified in the Data Sheet.
3.1 The Consultants is required to provide professional,
3. Conflict of Interest objective, and impartial advice, at all times holding the
Entities interests paramount, strictly avoiding conflicts
with other assignments or its own corporate interests,
and acting without any consideration for future work.
3.2 The Consultant has an obligation to disclose to the
Entity any situation of actual or potential conflict that
impacts its capacity to serve the best interest of its
Entity. Failure to disclose such situations may lead to
the disqualification of the Consultant or the
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termination of its Contract and/or Debarment by the

NPA or Sanction by Provider of Funds.
3.2.1. Without limitation on the generality of the foregoing,
the Consultant shall not be hired under the
circumstances set forth below:
(i) Conflict between consulting activities and
a. Conflicting activities procurement of goods, works or non-consulting
services: a firm that has been engaged by the Entity to
provide goods, works, or non-consulting services for a
project, or any of its Affiliates, shall be disqualified
from providing consulting services resulting from or
directly related to those goods, works, or non-
consulting services. Conversely, a firm hired to
provide consulting services for the preparation or
implementation of a project, or any of its Affiliates,
shall be disqualified from subsequently providing
goods or works or non-consulting services resulting
from or directly related to the consulting services for
such preparation or implementation.
(ii) Conflict among consulting assignments: a Consultant
b. Conflicting Assignments (including its Experts and Sub-consultants) or any of
its Affiliates shall not be hired for any assignment that,
by its nature, may be in conflict with another
assignment of the Consultant for the same or for
another Entity.
(iii) Relationship with the Entity’s staff: a Consultant
c. Conflicting Relationships (including its Experts and Sub-consultants) that has a
close business or family relationship with a
professional staff of the Borrower (or of the Entity, or
of implementing agency, or of a recipient of a part of
the Provider of funds’ financing) who are directly or
indirectly involved in any part of (i) the preparation of
the Terms of Reference for the assignment, (ii) the
selection process for the Contract, or (iii) the
supervision of the Contract, may not be awarded a
Contract, unless the conflict stemming from this
relationship has been resolved in a manner acceptable
to the Provider of funds throughout the selection
process and the execution of the Contract.
4.1. Fairness and transparency in the selection process
4. Unfair Competitive require that the Consultants or their Affiliates
Advantage competing for a specific assignment do not derive a
competitive advantage from having provided consulting
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services related to the assignment in question. To that

end, the Entity shall indicate in the Data Sheet and
make available to all shortlisted Consultants together
with this RFP all information that would in that respect
give such Consultant any unfair competitive advantage
over competing Consultants.
5.1. The National Procurement Authority (NPA) requires that

5. Fraud and Corruption all Procuring Entities (including beneficiaries), as well
as Consultants participating in any project in
Afghanistan adhere to the highest ethical standards, both
during the selection process and throughout the
execution of a contract.
(a) For the purpose of this Clause, the terms set
forth below are defined as follows:
(i) “Corrupt practice” means the offering,
giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence
the action of a public official in the selection
process or in contract execution;
(ii) “Fraudulent practice” means a

misrepresentation or omission of facts in
order to influence a selection process or the
execution of a contract;
(iii) “Collusive practices” means a scheme or

arrangement between two or more
consultants with or without the knowledge of
the Procuring Entity or Entity, designed to
establish prices at artificial, non-competitive
levels;
(iv) “Coercive practices” means harming or

threatening to harm, directly or indirectly,
persons or their property to influence their
participation in a procurement process, or
affect the execution of a contract.
(b) A proposal for award will be rejected if it is

determined that the Consultant recommended
for award has, directly or through an agent,
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engaged in corrupt, fraudulent, collusive or

coercive practices in competing for the
contract in question;
(c) The provider of funds may cancel the portion

of the funds allocated to a contract if it
determines at any time that representatives of
the Entity or of a beneficiary of the loan were
coercive practices during the selection
process or the execution of the contract,
without the Entity having taken timely and
appropriate action
(d) A Consultant will be sanctioned including

declared ineligible, either indefinitely or for a
stated period of time, to be awarded a
contract if at any time determines that the
Consultant has, directly or through an agent,
coercive practices in competing for, or in
executing, a contract funded by Government
of Afghanistan; and
(e) In contracts financed by the Islamic Republic

of Afghanistan or financed by a Provider of
Funds, a provision may be included requiring
Consultants to permit the Entity or the
Provider of Funds to inspect their accounts
and records and other documents relating to
the submission of proposals and contract
performance, and have them audited by
auditors appointed by either the Entity or the
Provider of Funds.
6. Eligibility 6.1. The National Procurement Authority (NPA) requires

that all Procuring Entities permit consultants
(individuals and firms, including Joint Ventures and
their individual members) from all countries to offer
consulting services for Government-financed projects.
6.2. Furthermore, it is the Consultant’s responsibility to
9
ensure that its Experts, joint venture members, Sub-

consultants, agents (declared or not), sub-contractors,
service providers, suppliers and/or their employees
meet the eligibility requirements as established by the
NPA in the Procurement Law and Procedure.
6.3. As an exception to the foregoing Clauses 6.1 and 6.2

above:
6.3.1 A firm or an individual Debarred by the NPA in

a. Debarment accordance with the above Clause 5.1. shall be
ineligible to be awarded a
government-financed/Related contract, or to
benefit from a Government-financed/Related
contract, financially or otherwise, during such
period of time as the NPA shall determine. The list
of debarred firms and individuals is available at
the electronic address specified in the Data Sheet.
7.1 Goods supplied and Consulting Services provided
7. Origin of Goods and under the Contract may originate from any country
Consulting Services except if:
(i) as a matter of law or official regulation,
Islamic Republic of Afghanistan prohibits
commercial relations with that country; or
(ii) by an act of compliance with a decision of
the United nations Guarantee Council
taken under Chapter VII of the Charter of
the United Nations, the Islamic Republic
of Afghanistan prohibits any imports of
goods from that country or any payments
to persons or entities in that country.
B. Preparation of Proposal
8. General Consideration 8.1. In preparing the Proposal, the Consultant is expected to
examine the RFP in detail. Material deficiencies in
providing the information requested in the RFP may
result in rejection of the Proposal.
9. Cost of Preparation of 9.1 The Consultant shall bear all costs associated with the
Proposal preparation and submission of its Proposal and contract
negotiation, and the Entity shall not be responsible or
liable for those costs, regardless of the conduct or
outcome of the selection process. The Entity is not
10
bound to accept any proposal, and reserves the right to

annul the selection process at any time prior to Contract
award, without thereby incurring any liability to the
Consultant.
10. Language 10.1. The Proposal, as well as all correspondence and
documents relating to the Proposal exchanged between
the Consultant and the Entity, shall be written in the
language(s) specified in the Data Sheet.
11. Documents Comprising the 11.1. The Proposal shall comprise the documents and forms
Proposal listed in the Data Sheet.
11.2. If specified in the Data Sheet, the Consultant shall
include a statement of undertaking of the Consultant to
observe, in competing for and executing a contract, the
Entity country’s laws against fraud and corruption
(including bribery).
11.3. The Consultant shall furnish information on
commissions, gratuities, and fees, if any, paid or to be
paid to agents or any other party relating to this
Proposal and, if awarded, Contract execution, as
requested in the Financial Proposal submission form
(Section 4).
12. Only One Proposal 12.1 The Consultant (including the individual members of
any Joint Venture) shall submit only one Proposal, either
in its own name or as part of a Joint Venture in another
Proposal. If a Consultant, including any Joint Venture
member, submits or participates in more than one
proposal, all such proposals shall be disqualified and
rejected. This does not, however, preclude a Sub-
consultant, or the Consultant’s staff from participating as
Key Experts and Non-Key Experts in more than one
Proposal when circumstances justify and if stated in the
Data Sheet.
13. Proposal Validity 13.1. The Data Sheet indicates the period during which the
Consultant’s Proposal must remain valid after the
Proposal submission deadline.
13.2. During this period, the Consultant shall maintain its
original Proposal without any change, including the
availability of the Key Experts, the proposed rates and
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the total price.

13.3. If it is established that any Key Expert nominated in the
Consultant’s Proposal was not available at the time of
Proposal submission or was included in the Proposal
without his/her confirmation, such Proposal shall be
disqualified and rejected for further evaluation, and
may be subject to sanctions in accordance with Clause
5 of this ITC.
a. Extension of Validity 13.4. The Entity will make its best effort to complete the
Period negotiations within the proposal’s validity period.
However, should the need arise, the Entity may request,
in writing, all Consultants who submitted Proposals prior
to the submission deadline to extend the Proposals’
validity.
13.5. If the Consultant agrees to extend the validity of its
Proposal, it shall be done without any change in the
original Proposal and with the confirmation of the
availability of the Key Experts.
13.6. The Consultant has the right to refuse to extend the
validity of its Proposal in which case such Proposal will
not be further evaluated.
b. Substitution of Key 13.7. If any of the Key Experts become unavailable for the
Experts at Validity extended validity period, the Consultant shall provide a
Extension written adequate justification and evidence satisfactory
to the Entity together with the substitution request. In
such case, a replacement Key Expert shall have equal or
better qualifications and experience than those of the
originally proposed Key Expert. The technical
evaluation score, however, will remain to be based on
the evaluation of the CV of the original Key Expert.
13.8. If the Consultant fails to provide a replacement Key

Expert with equal or better qualifications, or if the
provided reasons for the replacement or justification are
unacceptable to the Entity, such Proposal will be rejected
with the prior no objection of the Provider of funds.
c. Sub-Contracting 13.9. The Consultant shall not subcontract the whole parts of
the Services
13.10. In case a short listed Consultant intends to associate with
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Consultants who have not been short listed and/or

d. Eligibility of Sub- individual expert(s), such other Consultants and/or
consultants individual expert(s) shall be subject to the eligibility
criteria.
14. Clarification and 14.1 The Consultant may request a clarification of any part
Amendment of RFP of the RFP during the period indicated in the Data
Sheet before the Proposals’ submission deadline. Any
request for clarification must be sent in writing, or by
standard electronic means, to the Entity’s address
indicated in the Data Sheet. The Entity will respond in
writing, or by standard electronic means, and will send
written copies of the response (including an explanation
of the query but without identifying its source) to all
shortlisted Consultants. Should the Entity deem it
necessary to amend the RFP as a result of a
clarification, it shall do so following the procedure
described below:
14.1.1 At any time before the proposal submission
deadline, the Entity may amend the RFP by
issuing an amendment in writing or by standard
electronic means. The amendment shall be sent
to all shortlisted Consultants and will be binding
on them. The shortlisted Consultants shall
acknowledge receipt of all amendments in
writing.
14.1.2 If the amendment is substantial, the Entity may
extend the proposal submission deadline to give
the shortlisted Consultants reasonable time to
take an amendment into account in their
Proposals.
14.2 The Consultant may submit a modified Proposal or a
modification to any part of it at any time prior to the
proposal submission deadline. No modifications to the
Technical or Financial Proposal shall be accepted
after the deadline.
15. Preparation of 15.1 While preparing the Proposal, the Consultant must give
Proposals – Specific particular attention to the following:
Considerations
15.1.1 If a shortlisted Consultant considers that it may
enhance its expertise for the assignment by
associating with other consultants in the form of
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a Joint Venture or as Sub-consultants, it may do

so with either (a) non-shortlisted Consultant(s),
or (b) shortlisted Consultants if permitted in the
Data Sheet and all partners shall be jointly and
severally liable. In all such cases a shortlisted
Consultant must obtain the written approval of
the Entity prior to the submission of the
Proposal. When associating with non-shortlisted
firms in the form of a joint venture or a sub-
consultancy, the shortlisted Consultant shall be a
lead member. If shortlisted Consultants
associate with each other, any of them can be a
lead member.
15.1.2 The Entity may indicate in the Data Sheet the
estimated Key Experts’ time input (expressed in
person-month) or the Entity’s estimated total
cost of the assignment, but not both. This
estimate is indicative and the Proposal shall be
based on the Consultant’s own estimates for the
same.
15.1.3 If stated in the Data Sheet, the Consultant shall
include in its Proposal at least the same time
input (in the same unit as indicated in the Data
Sheet) of Key Experts, failing which the
Financial Proposal will be adjusted for the
purpose of comparison of proposals and
decision for award in accordance with the
procedure in the Data Sheet.
15.1.4 For assignments under the Fixed-Budget
selection method, the estimated Key Experts’
time input is not disclosed. Total available
budget, with an indication whether it is inclusive
or exclusive of taxes, is given in the Data
Sheet, and the Financial Proposal shall not
exceed this budget.
16. Technical Proposal 16.1 Depending on the nature of the assignment, the
Format and Content Consultant is required to submit a Full Technical
Proposal (FTP), or a Simplified Technical Proposal
(STP) as indicated in the Data Sheet and using the
Standard Forms provided in Section 3 of the RFP.
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16.2 Submission of the wrong type of Technical

Proposal will result in the Proposal being
deemed non-responsive. The Technical
Proposal shall provide the information
indicated in the following Clause from (a) to
(g) using the attached Standard Forms (Section
3).
(a) (i) For the Full Technical Proposal only: a

brief description of the Consultants’
organization and an outline of recent
experience of the Consultants and, in the
case of joint venture, for each partner, on
assignments of a similar nature is required
in Form TECH-2 of Section 3. For each
assignment, the outline should indicate the
names of Sub-Consultants/ Professional
staff who participated, duration of the
assignment, contract amount, and
Consultant’s involvement. Information
should be provided only for those
assignments for which the Consultant was
legally contracted by the Entity as a
corporation or as one of the major firms
within a joint venture. Assignments
completed by individual Professional staff
working privately or through other
consulting firms cannot be claimed as the
experience of the Consultant, or that of the
Consultant’s associates, but can be
claimed by the Professional staff
themselves in their CVs. Consultants
should be prepared to substantiate the
claimed experience if so requested by the
Entity.
(ii) For the Simplified Technical Proposal the

above information is not required and
Form TECH-2 of Section 3 shall not be
15
used.
(b) (i) For the Full Technical Proposal only:

comments and suggestions on the Terms of
Reference including workable suggestions
that could improve the quality/effectiveness
of the assignment; and on requirements for
counterpart staff and facilities including:
administrative support, office space, local
transportation, equipment, data, etc. to be
provided by the Entity (Form TECH-3 of
Section 3).
(ii) For the Simplified Technical Proposal

Form TECH-3 of Section 3 shall not be
used; the above comments and
suggestions, if any, should be incorporated
into the description of the approach and
methodology (refer to following sub-
Clause 16.2 (c) (ii)).
(c) (i) For the Full Technical Proposal, and

Simplified Technical Proposal: a
description of the approach, methodology
and work plan for performing the
assignment covering the following
subjects: technical approach and
methodology, work plan, and organization
and staffing schedule. Guidance on the
content of this section of the Technical
Proposals is provided under Form TECH-
4 of Section 3. The work plan should be
consistent with the Work Schedule (Form
TECH-8 of Section 3) which will show in
the form of a bar chart the timing
proposed for each activity.
(ii) For the Simplified Technical Proposal

only: the description of the approach,
methodology and work plan should
normally consist of 10 pages, including
charts, diagrams, and comments and
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suggestions, if any, on Terms of

Reference and counterpart staff and
facilities.
(d) The list of the proposed Professional staff

team by area of expertise, the position that
would be assigned to each staff team
member, and their tasks (Form TECH-5 of
Section 3).
(e) Estimates of the staff input (staff-months of

foreign and local professionals) needed to
carry out the assignment (Form TECH-7
of Section 3). The staff-months input
should be indicated separately for home
office and field activities, and for foreign
and local Professional staff.
(f) CVs of the Professional staff signed by the

staff themselves or by the authorized
representative of the Professional Staff
(Form TECH-6 of Section 3).
If there is more than one expert proposed

by the consultant for one position, all of
them shall be evaluated as per the criteria.
However, the lowest rating among the
experts evaluated shall be applied during
evaluation.
(g) For the Full Technical Proposal only: a

detailed description of the proposed
methodology and staffing for training, if
the Data Sheet specifies training as a
specific component of the assignment.
16.3 The Technical Proposal shall not include any financial

information. Should cost be a factor of evaluation, a
Technical Proposal containing material financial
information shall be declared non-responsive.
17. Financial Proposal 17.1 The Financial Proposal shall be prepared using the
Standard Forms provided in Section 4 of the RFP. It
shall list all costs associated with the assignment,
17
including (a) remuneration for Key Experts and Non-

Key Experts (in the field and at the Consultants’ home
office), (b) reimbursable expenses indicated in the
Data Sheet. If appropriate, these costs should be
broken down by activity and, if appropriate, into
foreign and local currencies. All activities and items
described in the Technical Proposal must be priced
separately; activities and items described in the
Technical Proposal but not priced, shall be assumed to
be included in the prices of other activities or items.
a. Price Adjustment 17.2 For assignments with a duration exceeding 12 months,

a price adjustment provision for foreign and/or local
inflation for remuneration rates applies if so stated in
the Data Sheet.
b. Taxes 17.3 The Consultant may be subject to taxes payable in

Afghanistan (such as, but not limited to - value added
or sales tax, social charges or income taxes on non-
resident Foreign Personnel, duties, fees, levies) on
amounts payable by the Consultant under the
Contract. The Entity will state in the Data Sheet if the
Consultant is subject to payment of any local taxes, in
compliance with any Law, Circular or any legal
instrument made under on the subject matter issued by
the Ministry of Finance. Any such amounts shall not
be included in the Financial Proposal as they will not
be evaluated, but they will be discussed at contract
negotiations, and applicable amounts will be included
in the Contract.
17.4 Moreover, the Government of Afghanistan’s policy

will be to clearly indicate to all potential consultants
for government projects (regardless of funding) that
those consultants will indeed be subject to Afghan
income tax under the ITL (2005). To that end, the
Ministry of Finance recommends that all development
or humanitarian related contracts involving the
provision of goods, property, or services to or within
Afghanistan should contain the following provision
(or similar wording):
18
[CONSULTANT] must comply with the laws

of Afghanistan including those relating to
income tax and customs duties.
[CONSULTANT] is responsible for:
Determining and paying [his/her/its] tax
liability and applicable customs duty under the
laws of Afghanistan.
No contrary provisions should be included in
the agreement.
17.5 To the extent that a specific line ministry desires to
“gross-up” a particular Consultant, they may do so
contractually using funds in their own budget. If that
approach is desirable, the following language should
be included in the contract:
[CONSULTANT] is responsible for

determining and paying [his/her/its] tax
liability and applicable customs duty under the
laws of Afghanistan. Notwithstanding the
foregoing, [MINISTRY] agrees to reimburse
[CONSULTANT] for [INSERT TAXES FOR
WHICH REIMBURSEMENT WILL BE
SOUGHT.]
No contrary provisions should be included in the agreement.
C. Currency of 17.6 The Consultant may express the price for its Services
Proposal in the currency or currencies as stated in the Data
Sheet. If indicated in the Data Sheet, the portion of
the price representing local cost shall be stated in the
national currency.
d. Currency of 17.7 Payment under the Contract shall be made in the
Payment currency or currencies in which the payment is
requested in the Proposal.
C. Submission, Opening and Evaluation
18. Submission, Sealing, 18.1 The Consultant shall submit a signed and complete
and Marking of Proposals Proposal comprising the documents and forms in
accordance with Clause 11 (Documents Comprising
Proposal). The submission can be done by mail or by
hand. If specified in the Data Sheet, the Consultant
has the option of submitting its Proposals
electronically.
18.2 The original proposal (Technical Proposal and, if
required, Financial Proposal; see paragraph 1.2) shall
contain no interlineations or overwriting, except as
necessary to correct errors made by the Consultants
19
themselves. The person who signed the proposal must

initial such corrections. Submission letters for both
Technical and Financial Proposals should respectively
be in the format of TECH-1 of Section 3, and FIN-1
of Section 4.
18.3. An authorized representative of the Consultants shall
initial all pages of the original Technical and
Financial Proposals. The authorization shall be in the
form of a written power of attorney accompanying
the Proposal or in any other form demonstrating that
the representative has been dully authorized to sign.
18.3.1 A Proposal submitted by a Joint Venture shall

be signed by all members so as to be legally
binding on all members, or by an authorized
representative who has a written power of
attorney signed by each member’s authorized
representative.
18.4. Any modifications, revisions, interlineations,

erasures, or overwriting shall be valid only if they are
signed or initialed by the person signing the Proposal.
18.5. The signed Proposal shall be marked “ORIGINAL”, and

its copies marked “COPY” as appropriate. The number
of copies is indicated in the Data Sheet. All copies
shall be made from the signed original. If there are
discrepancies between the original and the copies, the
original shall prevail.
18.6. The original and all the copies of the Technical

Proposal shall be placed inside of a sealed envelope
clearly marked “TECHNICAL PROPOSAL”, “[Name of
the Assignment]“, reference number, name and
address of the Consultant, and with a warning “DO
NOT OPEN UNTIL [INSERT THE DATE AND THE TIME
OF THE TECHNICAL PROPOSAL SUBMISSION
DEADLINE].”
18.7. Similarly, the original Financial Proposal (if required

for the applicable selection method) shall be placed
inside of a sealed envelope clearly marked
“FINANCIAL PROPOSAL” followed by the name of the
assignment, reference number, name and address of
the Consultant, and with a warning “DO NOT OPEN
WITH THE TECHNICAL PROPOSAL.”
20
18.8. The sealed envelopes containing the Technical and

Financial Proposals shall be placed into one outer
envelope and sealed. This outer envelope shall bear
the submission address, RFP reference number, the
name of the assignment, Consultant’s name and the
address, and shall be clearly marked “DO NOT OPEN
BEFORE [insert the time and date of the submission
deadline indicated in the Data Sheet]”.
18.9. If the envelopes and packages with the Proposal are

not sealed and marked as required, the Entity will
assume no responsibility for the misplacement, loss,
or premature opening of the Proposal.
18.10. The Proposal or its modifications must be sent to the
address indicated in the Data Sheet and received by
the Entity no later than the deadline indicated in the
Data Sheet, or any extension to this deadline. Any
Proposal or its modification received by the Entity
after the deadline shall be declared late and rejected,
and promptly returned unopened.
19. Confidentiality 19.1 From the time the Proposals are opened to the time the
Contract is awarded, the Consultant should not
contact the Entity on any matter related to its
Technical and/or Financial Proposal. Information
relating to the evaluation of Proposals and award
recommendations shall not be disclosed to the
Consultants who submitted the Proposals or to any
other party not officially concerned with the process,
until the publication of the Contract award
information.
19.2 Any attempt by shortlisted Consultants or anyone on
behalf of the Consultant to influence improperly the
Entity in the evaluation of the Proposals or Contract
award decisions may result in the rejection of its
Proposal, and may be subject to the application of
prevailing sanctions procedures of provider of funds.
19.3 Notwithstanding the above provisions, from the time
of the Proposals’ opening to the time of Contract
award publication, if a Consultant wishes to contact
the Entity or Provider of funds on any matter related
to the selection process, it should do so only in
writing.
20. Opening of Technical 20.1 The Entity’s Proposal Opening committee shall conduct
21
Proposals the opening of the Technical Proposals in the presence

of the shortlisted Consultants’ authorized
representatives who choose to attend (in person, or
online if this option is offered in the Data Sheet). The
opening date, time and the address are stated in the
Data Sheet. The envelopes with the Financial
Proposal shall remain sealed and shall be securely
stored with a reputable public auditor or independent
authority until they are opened in accordance with
Clause 23 or 24 of the ITC.
20.2 At the opening of the Technical Proposals the
following shall be read out: (i) the name and the
country of the Consultant or, in case of a Joint
Venture, the name of the Joint Venture, the name of
the lead member and the names and the countries of
all members; (ii) the presence or absence of a duly
sealed envelope with the Financial Proposal; (iii) any
modifications to the Proposal submitted prior to
proposal submission deadline; and (iv) any other
information deemed appropriate or as indicated in the
Data Sheet.
21. Proposals Evaluation 21.1 The Consultant is not permitted to alter or modify its
Proposal in any way after the proposal submission
deadline except as permitted under Clause 13.7 of this
ITC. While evaluating the Proposals, the Entity will
conduct the evaluation solely on the basis of the
submitted Technical and Financial Proposals.
21.2 From the time the Proposals are opened to the time the
Contract is awarded, the Consultants should not
contact the Entity on any matter related to its
Technical and/or Financial Proposal. Any effort by
Consultants to influence the Entity in the examination,
evaluation, ranking of Proposals, and recommendation
for award of Contract may result in the rejection of
the Consultants’ Proposal.
21.3 Subject to provision of Clause 16.3 of the ITC, The

Evaluators of the Technical Proposals shall have no
access to the Financial Proposals until the technical
evaluation is concluded and the Provider of Funds
issues its “no objection”, if applicable.
22
22. Evaluation of Technical 22.1 The Entity’s evaluation committee shall evaluate the
Proposals Technical Proposals on the basis of their
responsiveness to the Terms of Reference and the
RFP, applying the evaluation criteria, sub-criteria, and
point system specified in the Data Sheet. Each
responsive Proposal will be given a technical score. A
Proposal shall be rejected at this stage if it does not
respond to important aspects of the RFP and
particularly the Terms of Reference or if it fails to
achieve the minimum technical score indicated in the
Data Sheet.
23.Financial Proposals for 23.1 Following the ranking of the Technical Proposals, when
QBS the selection is based on quality only (QBS), the top-
ranked Consultant is invited to negotiate the Contract.
23.2 If Financial Proposals were invited together with the

Technical Proposals, only the Financial Proposal of
the technically top-ranked Consultant is opened by the
Entity’s evaluation committee. All other Financial
Proposals are returned unopened after the Contract
negotiations are successfully concluded and the
Contract is signed.
24. Public Opening of 24.1 After the technical evaluation is completed and the
Financial Proposals (for provider of funds has issued its no objection (if
QCBS, FBS, and LCS applicable), the Entity shall notify those Consultants
methods) whose Proposals were considered non-responsive to
the RFP and TOR or did not meet the minimum
qualifying technical score (and shall provide
information relating to the Consultant’s overall
technical score, as well as scores obtained for each
criterion and sub-criterion) that their Financial
Proposals will be returned unopened after completing
the selection process and Contract signing. The Entity
shall simultaneously notify in writing those
Consultants that have achieved the minimum overall
technical score and inform them of the date, time and
location for the opening of the Financial Proposals.
The opening date should allow the Consultants
sufficient time to make arrangements for attending the
opening. The Consultant’s attendance at the opening
of the Financial Proposals (in person, or online if such
option is indicated in the Data Sheet) is optional and
23
is at the Consultant’s choice.

24.2 The Financial Proposals shall be opened by the Entity’s
evaluation committee in the presence of the
representatives of those Consultants whose proposals
have passed the minimum technical score. At the
opening, the names of the Consultants, and the
overall technical scores, including the break-down by
criterion, shall be read aloud. The Financial Proposals
will then be inspected to confirm that they have
remained sealed and unopened. These Financial
Proposals shall be then opened, and the total prices
read aloud and recorded. Copies of the record shall be
sent to all Consultants who submitted Proposals and,
if applicable, to the Provider of Funds.
25. Correction of Errors 25.1 Activities and items described in the Technical
Proposal but not priced in the Financial Proposal,
shall be assumed to be included in the prices of other
activities or items, and no corrections are made to the
Financial Proposal.
a. Time-Based 25.1.1 If a Time-Based contract form is included in

Contracts the RFP, the Entity’s evaluation committee will
(a) correct any computational or arithmetical
errors, and (b) adjust the prices if they fail to
reflect all inputs included for the respective
activities or items in the Technical Proposal. In
case of discrepancy between (i) a partial
amount (sub-total) and the total amount, or (ii)
between the amount derived by multiplication
of unit price with quantity and the total price,
or (iii) between words and figures, the former
will prevail. In case of discrepancy between the
Technical and Financial Proposals in indicating
quantities of input, the Technical Proposal
prevails and the Entity’s evaluation committee
shall correct the quantification indicated in the
Financial Proposal so as to make it consistent
with that indicated in the Technical Proposal,
apply the relevant unit price included in the
Financial Proposal to the corrected quantity,
24
and correct the total Proposal cost.
b. Lump-Sum 25.1.2 If a Lump-Sum contract form is included in

Contracts the RFP, the Consultant is deemed to have
included all prices in the Financial Proposal, so
neither arithmetical corrections nor price
adjustments shall be made. The total price, net
of taxes understood as per Clause ITC 26
below, specified in the Financial Proposal
(Form FIN-1) shall be considered as the offered
price.
26. Taxes 26.1 The Entity’s evaluation of the Consultant’s Financial

Proposal shall exclude taxes and duties in the Entity’s
country in accordance with the instructions in the
Data Sheet.
26.2 Any local identifiable indirect taxes levied on the

contract invoices (such as sales tax, VAT, excise tax,
or any similar taxes or levies) and income tax payable
to the Entity’s country on the remuneration of non-
resident Experts for the services rendered in the
Entity’s country are dealt with in accordance with the
instructions in the Data Sheet.
27. Conversion to Single 27.1 For the evaluation purposes, prices shall be converted to
Currency a single currency using the selling rates of exchange
source and date indicated in the Data Sheet.
28. Combined Quality and

Cost Evaluation
a. Quality- and Cost- 28.1 In case of QCBS, the lowest evaluated Financial
Based Selection Proposal (means the lowest evaluated price) will be
(QCBS) given the maximum financial score (Sf= Score
Financial) of 100 points. The financial scores (Sf =
Score Financial) of the other Financial Proposals will
be computed as indicated in the Data Sheet.
Proposals will be ranked according to their combined
technical (St = Score Technical) and financial (Sf =
Score Financial) scores using the weights (T = the
weight given to the Technical Proposal; P = the
weight given to the Financial Proposal; T + P = 1)
indicated in the Data Sheet: S = St x T% + Sf x P%.
25
The firm achieving the highest combined technical

and financial score will be invited for negotiations
b. Fixed-Budget 28.2 In the case of FBS, those Proposals that exceed the
Selection (FBS) budget indicated in Clause 15.1.4 of the Data Sheet
shall be rejected. The Entity will select the Consultant
that submitted the highest-ranked Technical Proposal
that does not exceed the budget indicated in the RFP,
and invite such Consultant to negotiate the Contract.
c. Least-Cost 28.3 In the case of Least-Cost Selection (LCS), the Entity
Selection will select the Consultant with the lowest evaluated
total price among those consultants that achieved the
minimum technical score, and invite such Consultant
to negotiate the Contract.
D. Negotiations and Award
29. Negotiation 29.1 Negotiations will be held at the date and address
indicated in the Data Sheet. The invited Consultant
will, as a pre-requisite for attendance at the
negotiations, confirm availability of all Professional
staff. Failure in satisfying such requirements may
result in the Entity proceeding to negotiate with the
next-ranked Consultant. Representatives conducting
negotiations on behalf of the Consultant must have
written authority to negotiate and conclude a Contract.
29.2 The Entity shall prepare minutes of negotiations that

are signed by the Entity and the Consultant’s
authorized representative.
a. Availability of Key 29.3 The invited Consultant shall confirm the availability of
Experts all Key Experts included in the Proposal as a pre-
requisite to the negotiations, or, if applicable, a
replacement in accordance with Clause 13 of the ITC.
Failure to confirm the Key Experts’ availability may
result in the rejection of the Consultant’s Proposal and
the Entity proceeding to negotiate the Contract with
the next-ranked Consultant.
29.4 Notwithstanding the above, the substitution of Key
Experts at the negotiations may be considered if due
solely to circumstances outside the reasonable control
of and not foreseeable by the Consultant, including
but not limited to death or medical incapacity. In such
26
case, the Consultant shall offer a substitute Key

Expert within the period of time specified in the letter
of invitation to negotiate the Contract, who shall have
equivalent or better qualifications and experience than
the original candidate.
b. Technical 29.5 The negotiations include discussions of the Terms of
negotiations Reference (TORs), the proposed methodology, the
Entity’s inputs, the special conditions of the Contract,
and finalizing the “Description of Services” part of
the Contract. These discussions shall not substantially
alter the original scope of services under the TOR or
the terms of the contract, lest the quality of the final
product, its price, or the relevance of the initial
evaluation be affected.
c. Financial 29.6 If applicable, it is the responsibility of the

Negotiations Consultant, before starting financial negotiations, to
contact the Ministry of Finance and the local tax
authorities to determine the tax amount to be paid by
the Consultant under the Contract.
29.7 The financial negotiations will include a clarification

(if any) of the firm’s tax liability in Afghanistan, and
the manner in which it will be reflected in the
Contract.
29.8 If the selection method included cost as a factor in the

evaluation, the total price stated in the Financial
Proposal for a Lump-Sum contract shall not be
negotiated.
29.9 In the case of a Time-Based contract, unit rates
negotiations shall not take place, except when the
offered Key Experts and Non-Key Experts’
remuneration rates are much higher than the typically
charged rates by consultants in similar contracts. In
such case, the Entity may ask for clarifications and, if
the fees are very high, ask to change the rates after
consultation with the provider of funds.
The format for (i) providing information on
remuneration rates in the case of Quality Based
Selection; and (ii) clarifying remuneration rates’
structure under Clause 29.9 above, is provided in
27
Appendix A to the Financial Form FIN-3: Financial

Negotiations – Breakdown of Remuneration Rates.
29.10 In the cases of QCBS, Fixed-Budget Selection, and the
Least-Cost Selection methods, unless there are
exceptional reasons, the financial negotiations will
involve neither the remuneration rates for staff nor
other proposed unit rates. For other methods,
Consultants will provide the Entity with the
information on remuneration rates described in the
Appendix attached to Section 4 - Financial Proposal -
Standard Forms of this Request For Proposals.
30. Conclusion of 30.1 The negotiations are concluded with a review of the
Negotiations finalized draft Contract, which then shall be initialed
by the Entity and the Consultant’s authorized
representative.
30.2 If the negotiations fail, the Entity shall inform the
Consultant in writing of all pending issues and
disagreements and provide a final opportunity to the
Consultant to respond. If disagreement persists, the
Entity shall terminate the negotiations informing the
Consultant of the reasons for doing so. After having
obtained the Provider of funds’ no objection if
applicable, the Entity will invite the next-ranked
Consultant to negotiate a Contract. Once the Entity
commences negotiations with the next-ranked
Consultant, the Entity shall not reopen the earlier
negotiations.
31. Award of Contract 31.1. After completing the negotiations the Entity shall
obtain the Provider of Funds’ no objection to the
negotiated draft Contract, if applicable; award the
Contract to the selected Consultant and announce the
Public Notice of Contract Award Decision in compliance
with Article 43 of Public Procurement Law and Rule 84
of Procurement Procedures. After publication of the
award decision, unsuccessful consultants may request in
writing to the Purchaser for a debriefing seeking
explanations on the grounds on which their proposals
were not selected. The Purchaser shall promptly respond
in writing to any unsuccessful consultant who, after
Publication of contract award decision, requests a
debriefing.
28
31.2. Notwithstanding ITC 31.1, a request for debriefing,

and/ or a complaint shall not be addressed and the details
on the award purposes shall not be disclosed to the
consultants unless the Public Notice of Award Decision is
released.
31.3. Pursuant to conclusion of the Contract Negotiations

process as per ITC 30.1, within Fourteen (14) days of the
receipt of Notification of Award from the purchaser, the
successful consultant, if required, shall furnish the
Performance Security in accordance with the amount, type
and proportion of Currency(ies) indicated in the Data
Sheet.
31.4. Failure of the successful consultant to submit the

Performance Security as per ITC 31.3 or sign the Contract shall
constitute sufficient grounds for the (i) annulment of the award
with the consultant, and (i) debarment of the consultant for a
period not less than two years or as indicated in the Data
Sheet. In that event the Entity may award the Contract to the
next ranked evaluated consultant, whose proposal is
substantially responsive and is determined by the Entity to be
qualified to perform the Contract satisfactorily; and
31.5. The Consultant is expected to commence the

assignment on the date and at the location specified in the
Data Sheet.
29
Instructions to Consultants
E. Data Sheet
[“Notes to Entity” shown in brackets throughout the text are provided for guidance to prepare
the Data Sheet; they should be deleted from the final RFP to be sent to the shortlisted
Consultants]
A. General
ITC Clause
2.1 Name of the Entity:
Method of selection:
2.2 Financial Proposal to be submitted together with Technical Proposal:
Yes No
The name of the assignment is:
2.3 A pre-proposal conference will be held: Yes or No

[If “Yes”, fill in the following:]
Date of pre-proposal conference:____________________________
Time: _________________________________________________
Venue:
Contact person/conference coordinator:[insert name and title]
Telephone: Facsimile:
E-mail:
2.4 The Entity will provide the following inputs, project data, reports, etc. to
facilitate the preparation of the Proposals:
[list or state “N/A” if none]
6.3.1 A list of debarred firms and individuals is available at the NPA website:
30
www.npa.gov.af
B. Preparation of Proposals
10.1 This RFP has been issued in ________________ language.
Proposals shall be submitted in __________ [choice of the language as per

Applicable Guidelines] language.]
All correspondence exchange shall be in ____________ language.
11.1 The Proposal shall comprise the following:
For FULL TECHNICAL PROPOSAL (FTP):

1st Inner Envelope with the Technical Proposal:
(1) Power of Attorney to sign the Proposal
(2) TECH-1
(3) TECH-2
(4) TECH-3
(5) TECH-4
(6) TECH-5
(7) TECH-6
OR
For SIMPLIFIED TECHNICAL PROPOSAL (STP):

1st Inner Envelope with the Technical Proposal:
(1) Power of Attorney to sign the Proposal
(2) TECH-1
(3) TECH-4
(4) TECH-5
(5) TECH-6
AND
2nd Inner Envelope with the Financial Proposal (if applicable):

(1) FIN-1
(2) FIN-2
(3) FIN-3
(4) FIN-4
31
11.2 Statement of Undertaking is required

Yes________, or No __________
[If Yes, paragraph (i) in Form TECH-1 should be retained otherwise delete the
paragraph (i)]
12.1 Participation of Sub-consultants, Key Experts and Non-Key Experts in

more than one Proposal is permissible
Yes _________ or No________
13.1 Proposals must remain valid for [insert a number: normally between 30 and
90 days] calendar days after the proposal submission deadline (i.e., until:
[insert the date]).
14.1 Clarifications may be requested no later than [insert number] days prior to
the submission deadline.
The contact information for requesting clarifications is:
Facsimile: E-mail:
15.1.1 Shortlisted Consultants may associate with
(a) non-shortlisted consultant(s): Yes ________ or No ______
Or
(b) other shortlisted Consultants: Yes ________ or No ______
15.1.2 [If not used, state “Not applicable”. If used, insert the following:
(do not use Estimated input of Key Experts’ time-input: __________person-months.
for Fixed
Budget [OR]
method)
Estimated total cost of the assignment:_____________
[Indicate only either time input (in person-month) or total cost, but not both!]
15.1.3 [If not used, state “Not applicable”. If used, insert the following:
for time- The Consultant’s Proposal must include the minimum Key Experts’ time-
based
32
contracts only input of __________person-months.
For the evaluation and comparison of Proposals only: if a Proposal includes

less than the required minimum time-input, the missing time-input
(expressed in person-month) is calculated as follows:
The missing time-input is multiplied by the highest remuneration rate for a

Key Expert in the Consultant’s Proposal and added to the total
remuneration amount. Proposals that quoted higher than the required
minimum of time-input will not be adjusted. ]
15.1.4 and The total available budget for this Fixed-Budget assignment is:
28.2 ___________ (inclusive or exclusive of taxes). Proposals exceeding the total
available budget will be rejected.
use for Fixed
Budget [If inclusive, indicate tax estimates separately]
method
16.2 The format of the Technical Proposal to be submitted is:

FTP ________ or STP __________ [check the applicable format]
Submission of the Technical Proposal in a wrong format may lead to the

Proposal being deemed non-responsive to the RFP requirements.
17.1 [List the applicable Reimbursable expenses in foreign and in local currency.
A sample list is provided below for guidance. Items that are not applicable
should be deleted, others may be added. If the Entity wants to set up maximum
ceilings for unit rates of certain type of expenses, such ceilings should be
indicated in the FIN forms]:
(1) a per diem allowance, including hotel, for experts for every day of
absence from the home office for the purposes of the Services;
(2) cost of travel by the most appropriate means of transport and the most
direct practicable route;
(3) cost of office accommodation, including overheads and back-stop support;
(4) communications costs;
(5) cost of purchase or rent or freight of any equipment required to be provided

by the Consultants;
33
(6) cost of reports production (including printing) and delivering to the Entity;
(7) other allowances where applicable and provisional or fixed sums (if any)]
(8) [insert relevant type of expenses, if/as applicable]
17.2 A price adjustment provision applies to remuneration rates:
Yes ________ or No ___________
[Applies to all Time-Based contracts with a duration exceeding 12 months. In

exceptional circumstances, can also apply to Lump-Sum contracts assignments
longer than 12 months in duration..]
[If “Yes”, specify whether it applies to foreign and/or local inflation]
17.3 [If the Entity has obtained a tax exemption applicable to the Contract, insert
“The Entity has obtained an exemption for the Consultant from payment of
___________ [insert the tax description. E.g., VAT, or local indirect taxes,
etc.] in the Entity’s country as per [insert reference to the applicable official
source that issued an exemption].
[If there is no tax exemption in the Entity’s country, insert the following:
“Information on the Consultant’s tax obligations in the Entity’s country
can be found [insert reference to the appropriate official source]. “
17.6 The Financial Proposal shall be stated in the following currencies:
Consultant may express the price for their Services in any fully convertible
currency, singly or in combination of up to three foreign currencies.
The Financial Proposal should state local costs in AFN (Afghani) :

Yes_____ or No_________.
C. Submission, Opening and Evaluation
18.1 The Consultants [insert “shall” or “shall not”] have the option of submitting
their Proposals electronically.
[If “Yes”, insert: The electronic submission procedures shall be: [describe the
submission procedure.]
34
18.5 The Consultant must submit:

(a) Technical Proposal: one (1) original and _____ [insert number] copies;
(b) Financial Proposal: one (1) original.
18.10 The Proposals or its modification must be submitted no later than:

Date: ____day/month/year [for example, 15 January 2011]
Time: ____ [insert time in 24h format, for example, “16:00 local time”]
[If appropriate, add translation of the warning marking [“Do not open....”] in
the national language to the outer sealed envelope]
The Proposal submission address is:
Note: In case the specified deadline for bid submission is declared a holiday for
the purchaser, the bids can be submitted till the deadline time for bid submission
on the next working day and the Bids shall be opened at the specified time on
the next working day.
20.1 An online option of the opening of the Technical Proposals is offered: Yes
____or No________
[If yes, insert “The online opening procedure shall be: [describe the procedure
for online opening of Technical Proposals.]
The opening shall take place at:

[Insert: “same as the Proposal submission address” OR insert and fill in the
following:
Street Address:_______________
Floor, room number___________
City:_______________________
Country:____________________
Date: same as the submission deadline indicated in 18.10 above.

Time: [insert time in 24h format, for example – “16:00 local time]
[The time should be immediately after the time for the submission deadline
stated in 18.10 above]
Note: In case the specified deadline for bid opening is declared a holiday for the
purchaser, the bids shall be opened at the specified time on the next working
day.
22.1 Criteria, sub-criteria, and point system for the evaluation of the Full Technical
Proposals:
(for FTP) Points
35
(i) Specific experience of the Consultant (as a firm) relevant to the

Assignment: [0 - 10]
(ii) Adequacy and quality of the proposed methodology, and work plan in
responding to the Terms of Reference (TORs): [20 - 50]
{Notes to Consultant: the Entity will assess whether the proposed

methodology is clear, responds to the TORs, work plan is realistic and
implementable; overall team composition is balanced and has an
appropriate skills mix; and the work plan has right input of Experts}
(iii) Key Experts’ qualifications and competence for the Assignment:
{Notes to Consultant: each position number corresponds to the same for the
Key Experts in Form TECH-6 to be prepared by the Consultant}
a) Position K-1: [Team Leader] [Insert points]
b) Position K-2: [Insert position title] [Insert points]
c) Position K-3:[Insert position title] [Insert points]
Total points for criterion (iii): [30 - 60]
The number of points to be assigned to each of the above positions shall

be determined considering the following three sub-criteria and relevant
percentage weights:
1) General qualifications (general education, training, and experience):

[insert weight between 10 and 20 %]
2) Adequacy for the Assignment (relevant education, training, experience

in the sector/similar assignments ) : [insert weight between 60 and
80%]
3)[If relevant to the task, add the 3d sub-criterion: Relevant experience in

the region (working level fluency in local language(s)/knowledge of local
culture or administrative system, government organization, etc.):
[insert weight between 0 and 10 %]
Total weight: 100%
(iv) Transfer of knowledge (training) program (relevance of approach and

methodology): [normally, not to exceed 10 points]
36
Total points for criterion (iv): [0 – 10]
(v) Participation by nationals among proposed Key Experts [0 – 10]
[not to exceed 10 points] [Sub-criteria shall not be provided. Calculated as

a ratio of the national Key Experts’ time-input (in person-months) to the
total number of Key Experts’ time-input (in person-months) in the
Consultant’s Technical Proposal]
Total points for the five criteria: 100
The minimum technical score (St) required to pass is: [insert number]
[The indicative range is 70 to 85 on a scale of 1 to 100]
22.1 Criteria, sub-criteria, and point system for the evaluation of the Simplified
Technical Proposals are:
[for STP] Points
(i) Adequacy and quality of the proposed methodology, and work plan in
responding to the Terms of Reference:
Total points for criterion (i): [20 - 40]
(ii) Key Experts’ qualifications and competence for the Assignment:
{Notes to Consultant: each position number corresponds to the same for Key
Experts in Form TECH-6 to be prepared by the Consultant}
a) Position K-1: [Team Leader] [Insert points]
b) Position K-2: [Insert position title] [Insert points]
c) Position K-3:[Insert position title] [Insert points]
Total points for criterion (ii): [ 60-80]
Total points for the two criteria: 100
The minimum technical score (St) required to pass is: [insert number]
37
[The indicative range is 70 to 85 on a scale of 1 to 100]
24.1 An online option of the opening of the Financial Proposals is offered: Yes
____or No________.
[If yes, insert “The online opening procedure shall be: [describe the
procedure for online opening of Financial Proposals.]
26.1 For the purpose of the evaluation, the Entity will exclude: (a) all local
identifiable indirect taxes such as sales tax, excise tax, VAT, or similar taxes
levied on the contract’s invoices; and (b) all additional local indirect tax on the
remuneration of services rendered by non-resident experts in the Entity’s
country. If a Contract is awarded, at Contract negotiations, all such taxes will be
discussed, finalized (using the itemized list as a guidance but not limiting to it)
and added to the Contract amount as a separate line, also indicating which taxes
shall be paid by the Consultant and which taxes are withheld and paid by the
Entity on behalf of the Consultant.
27.1 The single currency for the conversion of all prices expressed in various
currencies into a single one is: [indicate local currency or fully
convertible foreign currency]
The official source of the selling (exchange) rate is:
The date of the exchange rate is:

[The date shall not be earlier than four (4) weeks prior to the deadline for
submission of proposals and no later than the date of the original validity of
Proposals.]
28.1 The lowest evaluated Financial Proposal (Fm) is given the maximum
financial score (Sf) of 100.
(QCBS only)
The formula for determining the financial scores (Sf) of all other Proposals
is calculated as following:
Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest price,
and “F” the price of the proposal under consideration.
The weights given to the Technical (T) and Financial (P) Proposals are:
T= [Insert weight], and
P = _______[Insert weight]
38
Proposals are ranked according to their combined technical (St) and financial
(Sf) scores using the weights (T = the weight given to the Technical Proposal; P
= the weight given to the Financial Proposal; T + P = 1) as following: S = St x
T% + Sf x P%.
D. Negotiations and Award
29.1 Expected date and address for contract negotiations:

Date: ________________ day/month/year [for example, 15 January 2011]
Address: __________________________
31.1 The publication of the contract award information following the completion
of the contract negotiations will be done on the website:
________________[insert the website(s) address where the information will be
published.]
31.3 A Performance Security [ insert “shall” or “shall not” be required]
[If a Performance Security is required, insert “the amount of the Performance Security
shall be: [insert amount]
[The amount of the Performance Security is usually expressed as a percentage

of the Contract Price. The percentage varies according to the Purchaser’s
perceived risk and impact of non performance by the Supplier. A 5% percentage
is used under normal circumstances]
31.4 Debarment period for failure to submit Performance Security (if required as per
Clause 31.3 above) or sign the contract : [ Insert here the period as 2 years or
more than 2 Years to be decided by Entity]
31.5 Expected date for the commencement of the Services:

Date:_______[insert month and year] at: [insert location]
39
Section 3. Technical Proposal – Standard Forms

{Notes to Consultant shown in brackets { } throughout Section 3 provide guidance to the
Consultant to prepare the Technical Proposal; they should not appear on the Proposals to be
submitted.}
Checklist of Required Forms

Required for FORM DESCRIPTION Page Limit
FTP or STP
(√)
FTP STP
√ √ TECH-1 Technical Proposal Submission Form.
“√ “ If TECH-1 If the Proposal is submitted by a joint venture,

applicable Attachment attach a letter of intent or a copy of an existing
agreement.
40
“√” If Power of No pre-set format/form. In the case of a Joint

applicable Attorney Venture, several are required: a power of
attorney for the authorized representative of each
JV member, and a power of attorney for the
representative of the lead member to represent
all JV members
√ TECH-2 Consultant’s Organization and Experience.
√ TECH-2A A. Consultant’s Organization
√ TECH-2B B. Consultant’s Experience
√ TECH-3 Comments or Suggestions on the Terms of

Reference and on Counterpart Staff and Facilities
to be provided by the Entity.
√ TECH-3A A. On the Terms of Reference
√ TECH-3B B. On the Counterpart Staff and

Facilities
√ √ TECH-4 Description of the Approach, Methodology, and

Work Plan for Performing the Assignment
√ √ TECH-5 Work Schedule and Planning for Deliverables
√ √ TECH-6 Team Composition, Key Experts Inputs, and

attached Curriculum Vitae (CV)
All pages of the original Technical and Financial Proposal shall be initialled by the same
authorized representative of the Consultant who signs the Proposal.
41
Form TECH-1
TECHNICAL PROPOSAL SUBMISSION FORM
{Location, Date}
______________________________________________________________________________
To: [Name and address of Entity]
Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Request for Proposals dated [Insert Date] and our
Proposal. [Select appropriate wording depending on the selection method stated in the RFP:
“We are hereby submitting our Proposal, which includes this Technical Proposal and a Financial
Proposal sealed in a separate envelope” or, if only a Technical Proposal is invited “We hereby
are submitting our Proposal, which includes this Technical Proposal only in a sealed
envelope.”].
{If the Consultant is a joint venture, insert the following: We are submitting our Proposal as a
joint venture with: {Insert a list with full name and the legal address of each member, and
indicate the lead member}. We have attached a copy {insert: “of our letter of intent to form a
joint venture” or, if a JV is already formed, “of the JV agreement”} signed by every participating
member, which details the likely legal structure of and the confirmation of joint and severable
liability of the members of the said joint venture.
{OR
If the Consultant’s Proposal includes Sub-consultants, insert the following: We are submitting
our Proposal with the following firms as Sub-consultants: {Insert a list with full name and
address of each Sub-consultant.}
We hereby declare that:
(a) All the information and statements made in this Proposal are true and we accept
that any misinterpretation or misrepresentation contained in this Proposal may
lead to our disqualification by the Entity and/or we may be sanctioned by the
NPA.
(b) Our Proposal shall be valid and remain binding upon us for the period of time
specified in the Data Sheet, Clause 13.1.
(c) We have no conflict of interest in accordance with ITC 3.
42
(d) We meet the eligibility requirements as stated in ITC 6, and we confirm our
understanding of our obligation to abide by the entity’s or Provider of Funds
policy in regard to corrupt and fraudulent practices as per ITC 5.
(e) We, along with any of our sub-consultants, subcontractors, suppliers, or service
providers for any part of the contract, are not subject to, and not controlled by any
entity or individual that is subject to, a temporary suspension or a debarment
imposed by entity’s Country or provider of Funds. Further, we are not ineligible
under the Employer’s country laws or official regulations or pursuant to a
decision of the United Nations Guarantee Council;
(g) Except as stated in the Data Sheet, Clause 13.1, we undertake to negotiate a
Contract on the basis of the proposed Key Experts. We accept that the substitution
of Key Experts for reasons other than those stated in ITC Clause 13 and ITC
Clause 29.4 may lead to the termination of Contract negotiations.
(h) Our Proposal is binding upon us and subject to any modifications resulting from
the Contract negotiations.
(i) [Note to Client: This Para (i) shall be included only if required as per Clause
ITC11.2 of Data Sheet otherwise this should be deleted] In competing for and if
the award is made to us in executing the Contract, we undertake to observe the
laws against fraud and corruption, including bribery, in force in the country of the
Client.
We undertake, if our Proposal is accepted and the Contract is signed, to initiate the
Services related to the assignment no later than the date indicated in Clause 31.5 of the Data
Sheet.
We understand that the Entity is not bound to accept any Proposal that the entity receives.
We remain,
Yours sincerely,
Authorized Signature {In full and initials}:_____________________

Name and Title of Signatory:_______________________________
Name of Consultant (company’s name or JV’s name):
In the capacity of:_______________________________________
Address:_______________________________________________
Contact information (phone and e-mail):______________________
43
{For a joint venture, either all members shall sign or only the lead member, in which case
the power of attorney to sign on behalf of all members shall be attached}
Form TECH-2 (FOR FULL TECHNICAL PROPOSAL ONLY)
CONSULTANT’S ORGANIZATION AND EXPERIENCE
Form TECH-2: a brief description of the Consultant’s organization and an outline of the recent
experience of the Consultant that is most relevant to the assignment. In the case of a joint
venture, information on similar assignments shall be provided for each partner. For each
assignment, the outline should indicate the names of the Consultant’s Key Experts and Sub-
consultants who participated, the duration of the assignment, the contract amount (total and, if it
was done in a form of a joint venture or a sub-consultancy, the amount paid to the Consultant),
and the Consultant’s role/involvement.
A - Consultant’s Organization
1. Provide here a brief description of the background and organization of your company, and – in
case of a joint venture – of each member for this assignment.
2. Include organizational chart, a list of Board of Directors, and beneficial ownership
B - Consultant’s Experience
1. List only previous similar assignments successfully completed in the last [.....] years.
2. List only those assignments for which the Consultant was legally contracted by the Entity as a
company or was one of the joint venture partners. Assignments completed by the Consultant’s
individual experts working privately or through other consulting firms cannot be claimed as the
relevant experience of the Consultant, or that of the Consultant’s partners or sub-consultants, but
can be claimed by the Experts themselves in their CVs. The Consultant should be prepared to
substantiate the claimed experience by presenting copies of relevant documents and references if
so requested by the Entity.
Duration Assignment name/& Name of Entity Approx. Contract Role on the

brief description of & Country of value (in US$ Assignment
main Assignment equivalent)/
deliverables/outputs Amount paid to
your firm
{e.g., {e.g., “Improvement {e.g., Ministry of {e.g., US$1 {e.g., Lead

Jan.2009– quality of...............”: } ......, country} mill/US$0.5 mill} partner in a JV
A&B&C}
44
Duration Assignment name/& Name of Entity Approx. Contract Role on the

brief description of & Country of value (in US$ Assignment
main Assignment equivalent)/
deliverables/outputs Amount paid to
your firm
{e.g., Jan- {e.g., “Support to sub- {e.g., {e.g., US$0.2 {e.g., sole
2008} national government...”:} municipality of.} mil/US$0.2 mil} Consultant}
Form TECH-3 (FOR FULL TECHNICAL PROPOSAL)
COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE, COUNTERPART

STAFF, AND FACILITIES TO BE PROVIDED BY THE ENTITY
Form TECH-3: comments and suggestions on the Terms of Reference that could improve the
quality/effectiveness of the assignment; and on requirements for counterpart staff and facilities, which are
provided by the Entity, including: administrative support, office space, local transportation, equipment, data,
etc.
A - On the Terms of Reference
{improvements to the Terms of Reference, if any}
B - On Counterpart Staff and Facilities
{Comments on counterpart staff and facilities to be provided by the Entity. For example, administrative
support, office space, local transportation, equipment, data, background reports, etc., if any}
45
Form TECH-4 (FOR BOTH SIMPLIFIED AND FULL TECHNICAL PROPOSAL)
DESCRIPTION OF APPROACH, METHODOLOGY, AND WORK PLAN IN RESPONDING TO THE

TERMS OF REFERENCE
_____________________________________________________________________________
Form TECH-4: a description of the approach, methodology and work plan for performing the
assignment, including a detailed description of the proposed methodology and staffing for
training, if the Terms of Reference specify training as a specific component of the assignment.
{Suggested structure of your Technical Proposal (in FTP format):
a) Technical Approach and Methodology

b) Work Plan
c) Organization and Staffing}
a) Technical Approach and Methodology. {Please explain your understanding of the

objectives of the assignment as outlined in the Terms of Reference (TORs), the technical
approach, and the methodology you would adopt for implementing the tasks to deliver
the expected output(s), and the degree of detail of such output. Please do not repeat/copy
the TORs in here.}
b) Work Plan. {Please outline the plan for the implementation of the main activities/tasks
of the assignment, their content and duration, phasing and interrelations, milestones
(including interim approvals by the Entity), and tentative delivery dates of the reports.
The proposed work plan should be consistent with the technical approach and
methodology, showing your understanding of the TOR and ability to translate them into a
feasible working plan. A list of the final documents (including reports) to be delivered as
final output(s) should be included here. The work plan should be consistent with the
Work Schedule Form 5.}
c) Organization and Staffing. {Please describe the structure and composition of your team,
including the list of the Key Experts, Non-Key Experts and relevant technical and
administrative support staff.}
46
Form TECH-5 (FOR FTP AND STP)
WORK SCHEDULE AND PLANNING FOR DELIVERABLES
Months
N° Deliverables 1 (D-..)
1 2 3 4 5 6 7 8 9 ..... n TOTAL
D-1 {e.g., Deliverable #1: Report A
1) data collection
2) drafting
3) inception report
4) incorporating comments
5) delivery of final report to Entity}
D-2 {e.g., Deliverable #2:...............}
1 List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the Entity’s approvals. For phased
assignments, indicate the activities, delivery of reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in a form of a bar chart.
47
3. Include a legend, if necessary, to help read the chart.
Form TECH-6 (FOR FTP AND STP)

TEAM COMPOSITION, ASSIGNMENT, AND KEY EXPERTS’ INPUTS
Total time-input
Expert’s input (in person/month) per each Deliverable (listed in TECH-5)
N° Name (in Months)
Position D-1 D-2 D-3 ........ D-... Home Field Total
KEY EXPERTS
[Home
[2 month] [1.0] [1.0]
[Team ]
K-1 {e.g., Mr. Abbbb} Leader]
[Field] [0.5 m] [2.5] [0]
K-2
K-3
Subtotal
NON-KEY EXPERTS
N-1 [Home
]
48
[Field]
N-2
Subtotal
Total
1 For Key Experts, the input should be indicated individually for the same positions as required under the Data Sheet ITC21.1.
2 Months are counted from the start of the assignment/mobilization. One (1) month equals twenty two (22) working (billable) days. One working (billable)
day shall be not less than eight (8) working (billable) hours.
3 “Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in the Entity’s country or any other country
outside the expert’s country of residence.
Full time input
Part time input
49
FORM TECH-6
(CONTINUED)
CURRICULUM VITAE (CV)
Position Title and No. {e.g., K-1, TEAM LEADER}
Name of Expert: {Insert full name}
Date of Birth: {day/month/year}
Country of
Citizenship/Residence
Education: {List college/university or other specialized education, giving names of educational

institutions, dates attended, degree(s)/diploma(s) obtained}
________________________________________________________________________
________________________________________________________________________
Employment record relevant to the assignment: {Starting with present position, list in reverse
order. Please provide dates, name of employing organization, titles of positions held, types of
activities performed and location of the assignment, and contact information of previous Entitys
and employing organization(s) who can be contacted for references. Past employment that is not
relevant to the assignment does not need to be included.}
Period Employing organization and Country Summary of

your title/position. Contact activities performed
infor for references relevant to the
Assignment
[e.g., May [e.g., Ministry of ……,
2005- advisor/consultant to…
present]
For references: Tel…………/e-
mail……; Mr. Hbbbbb, deputy
minister]
Membership in Professional Associations and Publications:_________________________
Language Skills (indicate only languages in which you can work): ____________________
50
Adequacy for the Assignment:
Detailed Tasks Assigned on Consultant’s Reference to Prior Work/Assignments that

Team of Experts: Best Illustrates Capability to Handle the
Assigned Tasks
{List all deliverables/tasks as in TECH- 5
in which the Expert will be involved)
Expert’s contact information: (e-mail …………………., phone……………)
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes myself, my qualifications, and my experience, and I am available to undertake the
assignment in case of an award. I understand that any misstatement or misrepresentation
described herein may lead to my disqualification or dismissal by the Entity, and/or sanctions by
the NPA.
{day/month/year}
Name of Expert Signature Date
{day/month/year}
Name of authorized Signature Date

Representative of the Consultant
(the same who signs the Proposal)
51
Section 4. Financial Proposal - Standard Forms

{Notes to Consultant shown in brackets { } provide guidance to the Consultant to prepare the
Financial Proposals; they should not appear on the Financial Proposals to be submitted.}
Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal
according to the instructions provided in Section 2.
FIN-1 Financial Proposal Submission Form
FIN-2 Summary of Costs
FIN-3 Breakdown of Remuneration, including Appendix A “Financial Negotiations -

Breakdown of Remuneration Rates” in the case of QBS method, CQS Method and
Single Source Selection
FIN-4 Reimbursable Expenses
52
FORM FIN-1
FINANCIAL PROPOSAL SUBMISSION FORM
{Location, Date}
To: [Name and address of Entity]
_____________________________________________________________________________________
Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Request for Proposal dated [Insert Date] and our Technical
Proposal. Our attached Financial Proposal is for the sum of [Insert amount(s) in words and
figures1]. This amount is exclusive of the local taxes, which shall be identified during
negotiations and shall be added to the above amount.
Our Financial Proposal shall be binding upon us subject to the modifications resulting
from Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before the
date indicated in Clause 13.1 of the Data Sheet.
Commissions and gratuities paid or to be paid by us to an agent or any third party relating
to preparation or submission of this Proposal and Contract execution, paid if we are awarded the
Contract, are listed below:
Name and Address Amount and Purpose of Commission

of Agents Currency or Gratuity
{If no payments are made or promised, add the following statement: “No commissions or
gratuities have been or are to be paid by us to agents or any third party relating to this Proposal
and Contract execution.”}
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature {In full and initials}:

Name and Title of Signatory:
In the capacity of:
Address:
E-mail:
{For a joint venture, either all members shall sign or only the lead member/consultant, in
which case the power of attorney to sign on behalf of all members shall be attached}
53
FORM FIN-2 SUMMARY OF COSTS
Cost
{Consultant must state the proposed Costs in accordance with Clause 17.6 of
the Data Sheet; delete columns which are not used}
{Insert
Item {Insert Foreign {Insert Foreign Local Currency,
{Insert Foreign
Currency # 2, if Currency # 3, if if used and/or
Currency # 1}
used} used} required (17.6
Data Sheet}
Cost of the Financial Proposal
Including:
(1) Remuneration
(2) Reimbursables
Total Cost of the Financial Proposal:
{Should match the amount in Form FIN-1}
Footnote: Payments will be made in the currency(ies) expressed above (Reference to ITC 17.6).
54
FORM FIN-3 BREAKDOWN OF REMUNERATION
When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis
for the calculation of the Contract’s ceiling amount; to calculate applicable taxes at contract negotiations; and, if needed, to establish
payments to the Consultant for possible additional services requested by the Entity. This Form shall not be used as a basis for
payments under Lump-Sum contracts
A. Remuneration
Person- {Local
Time Input in {Currenc {Currency {Currency#
Position (as month Currency-
No. Name Person/Month y # 1- as # 2- as in 3- as in FIN-
in TECH-6) Remunerati as in FIN-
(from TECH-6) in FIN-2} FIN-2} 2}
on Rate 2}
Key Experts
[Home]
K-1
[Field]
K-2
Non-Key Experts
[Home]
N-1
[Field]
55
N-2
Total Costs
56
Appendix A. Financial Negotiations - Breakdown of Remuneration Rates
1. Review of Remuneration Rates

1.1. The remuneration rates are made up of salary or a base fee, social costs, overheads, profit,
and any premium or allowance that may be paid for assignments away from headquarters
or a home office. An attached Sample Form can be used to provide a breakdown of rates.
1.2. If the RFP requests submission of a technical proposal only, the Sample Form is used by
the selected Consultant to prepare for the negotiations of the Contract. If the RFP requests
submission of the financial proposal, the Sample Form shall be completed and attached to
the Financial Form-3. Agreed (at the negotiations) breakdown sheets shall form part of
the negotiated Contract and included in its Appendix D or C.
1.3. At the negotiations the firm shall be prepared to disclose its audited financial statements
for the last three years, to substantiate its rates, and accept that its proposed rates and other
financial matters are subject to scrutiny. The Entity is charged with the custody of
government funds and is expected to exercise prudence in the expenditure of these funds.
1.4. Rate details are discussed below:
(i) Salary is the gross regular cash salary or fee paid to the individual in the firm’s home
office. It shall not contain any premium for work away from headquarters or bonus
(except where these are included by law or government regulations).
(ii) Bonuses are normally paid out of profits. To avoid double counting, any bonuses
shall not normally be included in the “Salary” and should be shown separately.
Where the Consultant’s accounting system is such that the percentages of social
costs and overheads are based on total revenue, including bonuses, those percentages
shall be adjusted downward accordingly. Where national policy requires that 13
months’ pay be given for 12 months’ work, the profit element need not be adjusted
downward. Any discussions on bonuses shall be supported by audited
documentation, which shall be treated as confidential.
(iii) Social Charges are the costs of non-monetary benefits and may include, inter alia,
social Guarantee (including pension, medical, and life insurance costs) and the cost
of a paid sick and/or annual leave. In this regard, a paid leave during public holidays
or an annual leave taken during an assignment if no Expert’s replacement has been
provided is not considered social charges.
(iv) Cost of Leave. The principles of calculating the cost of total days leave per annum
as a percentage of basic salary is normally calculated as follows:
total days leave x 100

[365 - w - ph - v - s ]
Leave cost as percentage of salary =
Where w = weekends, ph = public holidays, v = vacation, and s = sick leave.
57
Please note that leave can be considered as a social cost only if the Entity is not
charged for the leave taken.
(v) Overheads are the Consultant’s business costs that are not directly related to the
execution of the assignment and shall not be reimbursed as separate items under
the Contract. Typical items are home office costs (non-billable time, time of
senior Consultant’s staff monitoring the project, rent of headquarters’ office,
support staff, research, staff training, marketing, etc.), the cost of Consultant’s
personnel not currently employed on revenue-earning projects, taxes on business
activities, and business promotion costs. During negotiations, audited financial
statements, certified as correct by an independent auditor and supporting the last
three years’ overheads, shall be available for discussion, together with detailed
lists of items making up the overheads and the percentage by which each relates
to basic salary. The Entity does not accept an add-on margin for social charges,
overhead expenses, etc. for Experts who are not permanent employees of the
Consultant. In such case, the Consultant shall be entitled only to administrative
costs and a fee on the monthly payments charged for sub-contracted Experts.
(vi) Profit is normally based on the sum of the Salary, Social costs, and Overheads. If
any bonuses paid on a regular basis are listed, a corresponding reduction shall be
made in the profit amount. Profit shall not be allowed on travel or any other
reimbursable expenses.
(vii) Away from Home Office Allowance or Premium or Subsistence Allowances.
Some Consultants pay allowances to Experts working away from headquarters or
outside of the home office. Such allowances are calculated as a percentage of
salary (or a fee) and shall not draw overheads or profit. Sometimes, by law, such
allowances may draw social costs. In this case, the amount of this social cost
shall still be shown under social costs, with the net allowance shown separately.
For concerned staff, this allowance, where paid, shall cover home education, etc;
these and similar items shall not be considered as reimbursable costs.
2. Reimbursable expenses
2.1 The financial negotiations shall further focus on such items as out-of-pocket expenses
and other reimbursable expenses. These costs may include, but are not restricted to, cost
of surveys, equipment, office rent, supplies, international and local travel, computer
rental, mobilization and demobilization, insurance, and printing. These costs may be
either unit rates or reimbursable on the presentation of invoices, in foreign or local
currency.
3. Bank Guarantee
3.1 Payments to the firm, including payment of any advance based on cash flow projections
covered by a bank guarantee, shall be made according to an agreed estimated schedule
ensuring the firm regular payments in local and foreign currency, as long as the services
proceed as planned.
58
Sample Form
Consultant: Country:
Assignment: Date:
Consultant’s Representations Regarding Costs and Charges
We hereby confirm that:
(a) the basic fees indicated in the attached table are taken from the firm’s payroll records and
reflect the current rates of the Experts listed which have not been raised other than within the
normal annual pay increase policy as applied to all the Consultant’s Experts;
(b) attached are true copies of the latest pay slips of the Experts listed;
(c) the away- from- home office allowances indicated below are those that the Consultant has
agreed to pay for this assignment to the Experts listed;
(d) the factors listed in the attached table for social charges and overhead are based on the
firm’s average cost experiences for the latest three years as represented by the firm’s financial
statements; and
(e) said factors for overhead and social charges do not include any bonuses or other means of
profit-sharing.
[Name of Consultant]
Signature of Authorized Representative Date
Name:
Title:
59
Consultant’s Representations Regarding Costs and Charges

(Model Form I)
(Expressed in {insert name of currency*})
Personnel 1 2 3 4 5 6 7 8
Basic
Remuneration Away from Proposed Fixed Proposed Fixed
Social 2
Name Position Rate per Overhead 1
Subtotal Profit Home Office Rate per Working Rate per Working
Charges1
Working Allowance Month/Day/Hour Month/Day/Hour1
Month/Day/Year
Home Office
Entity’s Country
{* If more than one currency is used, use additional table(s), one for each currency}
1. Expressed as percentage of 1
2. Expressed as percentage of 4
_____________________________________________________________________________________________________________________________________
60
FORM FIN-4 BREAKDOWN OF REIMBURSABLE EXPENSES
When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis
for calculation of the Contract ceiling amount, to calculate applicable taxes at contract negotiations and, if needed, to establish
payments to the Consultant for possible additional services requested by the Entity. This form shall not be used as a basis for
payments under Lump-Sum contracts
B. Reimbursable Expenses
{Currency # {Local
Type of Reimbursable Unit {Currency # 1- {Currency# 3-
No Unit Quantity 2- as in FIN- Currency- as
Expenses Cost as in FIN-2} as in FIN-2}
2} in FIN-2}
{e.g., Per diem {Day}
allowances**}
{e.g., International flights} {Ticket
}
{e.g., In/out airport
transportation} {Trip}
{e.g., Communication costs
between Insert place and
Insert place}
{ e.g., reproduction of
reports}
{e.g., Office rent}
....................................
{Training of the Entity’s
personnel – if required in
TOR}
Total Costs
Legend:
“Per diem allowance” is paid for each night the expert is required by the Contract to be away from his/her usual place of residence. Entity can set up a ceiling.
61
Section 5. Terms of Reference

[Sample outline:
1. Background _______________________________
2. Objective(s) of the Assignment _____________________
3. Scope of Services, Tasks (Components) and Expected Deliverables

3.1 _______________________
3.2 [indicate if downstream work is required]
3.3 [indicate if training is a specific component of the assignment]
4. Training (when appropriate)
5. Team Composition &Qualification Requirements for the Key Experts (and any other
requirements which will be used for evaluating the Key Experts under Data Sheet 22.1 of
the ITC)
6. Reporting Requirements and Time Schedule for Deliverables

At a minimum, list the following:
(a) format, frequency, and contents of reports;
(b) number of copies, and requirements to electronic submission (or on CD ROM).
Final reports shall be delivered in CD ROM in addition to the specified number of
hard copies;
(c) dates of submission;
(d) persons (indicate names, titles, submission address) to receive them; etc.
If no reports are to be submitted, state here “Not applicable.”]
If the Services consist of or include the supervision of civil works, the following action
that require prior approval by the entity shall be added: “Taking any action under a
civil works contract designating the Consultant as “Engineer”, for which action,
pursuant to such civil works contract, the written approval of the entity as
“Employer” is required.”]
7. Entity’s Input and Counterpart Personnel
(a) Services, facilities and property to be made available to the Consultant by the entity:
_______________________________ [list/specify]
(b) Professional and support counterpart personnel to be assigned by the entity to the
Consultant’s team: _______________________________ [list/specify]
62
PART II
Section 6. Conditions of Contract and Contract Forms
Foreword
1. Part II includes two types of standard Contract forms for Consulting Services (a Time-
Based Contract and a Lump-Sum Contract) that are based on the contract forms included
in the harmonized Standard Request for Proposals.
2. Time-Based Contract. This type of contract is appropriate when it is difficult to define or

fix the scope and the duration of the services, either because they are related to activities
carried out by others for which the completion period may vary, or because the input of the
consultants required for attaining the objectives of the assignment is difficult to assess. In
time-based contracts the Consultant provides services on a timed basis according to quality
specifications, and Consultant’s remuneration is determined on the basis of the time actually
spent by the Consultant in carrying out the Services and is based on (i) agreed upon unit rates
for the Consultant’s experts multiplied by the actual time spent by the experts in executing
the assignment, and (ii) reimbursable expenses using actual expenses and/or agreed unit
prices. This type of contract requires the entity to closely supervise the Consultant and to be
involved in the daily execution of the assignment.
3. Lump-Sum Contract. This type of contract is used mainly for assignments in which the
scope and the duration of the Services and the required output of the Consultant are
clearly defined. Payments are linked to outputs (deliverables) such as reports, drawings,
bill of quantities, bidding documents, or software programs. Lump-sum contracts are
easier to administer because they operate on the principle of a fixed price for a fixed
scope, and payments are due on clearly specified outputs and milestones. Nevertheless,
quality control of the Consultant’s outputs by the Entity is paramount.
4. The templates are designed for use in assignments with consulting firms and shall not be
used for contracting of individual experts. These standard Contract forms are to be used
for complex and/or large value assignments.
63
STANDARD FORM OF CONTRACT
Consultant’s Services
Time-Based
64
Contents
Preface.....................................................................................................................................74
I. Form of Contract...............................................................................................................77
II. General Conditions of Contract.....................................................................................79
A. General Provisions.....................................................................................................79
1.Definition………………………………………………………………………….…..78
2.Relationship Between the Parties……………………………………………………...81
3.Law Governing Contract……………………………………………………………....81
4.Language……………………………………………………………………………….81
5.Headings…………………………………………………………………………....….81
7.Location……………………………………………………………………………......82
8.Authority of Member in Charge……………………………………………………….82
9.Authorized Representatives …………………………………………………………..82
10.Corrupt and Fraudulent Practices…………………………………….………………82
B. Commencement, Completion, Modification and Termination of Contract.........84
11.Effectiveness of Contract…………………………………………………………….84
12.Termination of Contract for Failure to Become Effective………………………..….84
13.Commencement of Services……………………………………………………….…84
14.Expiration of Contract ………………………………………………….…….84
15.Entire Agreement…………………………………………………………………….84
16.Modifications or Variations………………………………………………………….85
17.Force Majeure………………………………………………………………………..85
18.Suspension……………………………………………………………………….…...87
19.Termination…………………………………………………………………………..87
C. Obligations of the
Consultant....................................................................................90
20.General………………………………………………………………………..............90
21.Conflict of …………………………………………………………………….…..….92
22.Confidentiality………………………………………………..……………………....93
23.Liability of the Consultant……….…………………………………………………...93
24.Insurance to be Taken out by the Consultant………….……………………………..94
25.Accounting, Inspection and Auditing………………………………………………..94
26.Reporting Obligations
…………………………………………………………….….95
27.Proprietary Rights of the Entity in Reports and Records…………………………….95
28.Equipment, Vehicles and Materials…………………………………………….…….96
D. Consultant’s Experts and Sub-Consultants.............................................................97
29.Description of Key Experts…………………………………………………………..97
30.Replacement of Key Experts…………………………………………………….…...97
31.Approval of Additional Key Experts………………………………………................98
65
32.Removal of Experts or Sub-consultants……………………………………….

……...98
33.Replacement/ Removal of Experts – Impact on Payments……………………….…..98
34.Working Hours, Overtime, Leave, etc…………………………………………….….99
E. Obligations of the Entity............................................................................................99
35.Assistance and Exemptions…………………………………………………………..99
36.Access to Project Site…………………………………………………..…………...100
37.Change in the Applicable Law Related to Taxes and Duties……………………..…101
38.Services, Facilities and Property of the Entity……………………………..……….101
39.Counterpart Personnel…………………………………………………………..…..101
40.Payment Obligation…………………………………………………………………102
F. Payments to the Consultant.....................................................................................102
41.Ceiling Amount………………………………………………………………..……102
42.Remuneration and Reimbursable Expenses………………………………………....102
43.Taxes and Duties…………………………………………………………….............103
44.Currency of Payment………………………………………………………………..103
45.Mode of Billing and Payment…………………………………………………..…..103
46.Interest on Delayed Payment………………………………………………………..105
G. Fairness and Good Faith.........................................................................................106
47.Good Faith…………………………………………………………………….….....106
H. Settlement of Disputes.............................................................................................106
48.Amicable Settlement……………………………………………………………..…106
49.Dispute Resolution……………………………………………………….................106
III. Special Conditions of Contract...................................................................................107
IV. Appendices....................................................................................................................118
Appendix A – Terms of Reference……………………………………………………….118
Appendix B – Personal and Sub-Consultants-Hours of Work for key personnel…….…..118
Appendix C – Reporting Requirements…………………………………….…………….118
Appendix D – Remuneration Cost Estimates…………………………………………….119
Appendix E – Reimbursable Expenses Cost Estimates…………………………………..121
Appendix F – Services and Facilities Provided by the Entity……………...…………….121
Appendix G - Form of Advance Payments Guarantee…………………………………...122
Appendix H – Form of Performance Bank Guarantee…………………..……………….124
66
Preface
1. This Standard Contract form for Consulting Services has been prepared by National
Procurement Authority for use of Procuring Entities and their implementing agencies
(referred to hereinafter as Entities) when they hire a consulting firm (referred to
hereinafter as the Consultant) for complex assignments for which remuneration is being
determined on the basis of the time actually spent by the Consultant in carrying out the
services. Its use is mandatory under the circumstances described.
2. The Standard Contract consists of four parts: the Form of Contract to be signed by the
Entity and the Consultant, the General Conditions of Contract, the Special Conditions of
Contract, and the Appendices. The General Conditions of Contract, including shall not
be modified. The Special Conditions of Contract that contain clauses specific to each
Contract intend to supplement, but not over-write or otherwise contradict, the General
Conditions.
67
CONTRACT FOR CONSULTANT’S SERVICES

Time-Based
Project Name ___________________________
[Loan/Credit/Grant] No.____________________
Contract No. ____________________________
between
and
[Name of the Consultant]
68
Dated:
I. Form of Contract
TIME-BASED
(Text in brackets ( ) is optional; all notes within [ ] should be deleted in final text)
This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the month of
[month], [year], between, on the one hand, [name of entity] (hereinafter called the “Entity”)
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 “Entity”) 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 Entity for all the Consultant’s obligations under this
Contract, namely, [name of Consultant] and [name of Consultant] (hereinafter called the
“Consultant”).]
WHEREAS
(a) the Entity 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 Entity that it 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 Entity has received [or has applied for] a budget allocation or a loan/ grant/
credit from the Provider of Funds [Insert the name and address of the Provider
of Funds] towards the cost of the Services and intends to apply a portion of the
proceeds of this [budget, loan, credit or grant] to eligible payments under this
Contract, it being understood (i) that payments by the Entity ( or the Provider of
Funds) will be made only at the request of the Entity and upon approval by the
Entity (or the Provider of Funds), (ii) that such payments will be subject, in all
respects, to the terms and conditions of the agreement providing for the (budget,
loan, credit or grant) and (iii) that no party other than the Entity shall derive any
rights from the agreement providing for the (budget, loan, credit or grant) or
have any claim to (budget, loan, credit or grant) proceeds;
69
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) The General Conditions of Contract;

(b) The Special Conditions of Contract;
(c) The following Appendices: [Note: If any of these Appendices are not used, the
words “Not Used” should be inserted below, next to the title of the Appendix]
Appendix A: Terms of Reference Appendix B:
Personnel and Sub-Consultants – Hours of
Work for Key Personnel Appendix C:
Reporting Requirements Appendix D:
Remuneration Cost Estimates
Appendix E: Reimbursable Cost Estimates
Appendix F: Services and Facilities provided by the Entity
Appendix G: Form of Advance Payments Guarantee [Not used]
Appendix H: Form of Performance Bank Guarantee [Not used]
Appendix I: Proposed Technical Approach & Methodology [Not used]
2. The mutual rights and obligations of the Entity 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 Entity shall make payments to the Consultant accordance with the
provisions of the 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 [Name of Entity]
[Authorized Representative of the Entity – name, title and signature]
For and on behalf of [Name of Consultant or Name of a Joint Venture]
[Authorized Representative of the Consultant – name and signature]
70
[For a joint venture, either all members shall sign or only the lead member, in which case the
power of attorney to sign on behalf of all members shall be attached.]
For and on behalf of each of the members of the Consultant [insert the name of the Joint
Venture]
[Name of the lead member]
[Authorized Representative on behalf of a Joint Venture]
[add signature blocks for each member if all are signing]
71
I. General Conditions of Contract
A. GENERAL PROVISIONS
1. Definitions 1.1 Unless the context otherwise requires, the following terms
whenever used in this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments
having the force of law in Afghanistan.
(b) “Entity” means the implementing agency that signs the

Contract for the Services with the Selected Consultant.
(c) “Consultant” means a legally-established Private or public

professional consulting firm or entity selected by the
Entity to provide the Services under the signed Contract.
(d) “Contract” means the legally binding written agreement

signed between the Entity and the Consultant and which
includes all the attached documents listed in its paragraph
1 of the Form of Contract (the General Conditions (GCC),
the Special Conditions (SCC), and the Appendices).
(e) “Day” means calendar day.
(f) “Effective Date” means the date on which this Contract

comes into force and effect pursuant to Clause GCC 11.
(g) “Experts” means, collectively, Key Experts, Non-Key

Experts, or any other personnel of the Consultant, Sub-
consultant or JV member(s) assigned by the Consultant to
perform the Services or any part thereof under the
Contract.
(h) “Foreign Currency” means any currency other than the
Islamic Republic of Afghanistan.
(i) “GCC” means these General Conditions of Contract
72
(j) “Government” means the Government of Islamic Republic of

Afghanistan.
(k) “Joint Venture (JV)” means an association with or without a

legal personality distinct from that of its members, of
more than one entity where one member has the authority
to conduct all businesses for and on behalf of any and all
the members of the JV, and where the members of the JV
are jointly and severally liable to the Entity for the
performance of the Contract.
(l) “Key Expert(s)” means an individual professional whose

skills, qualifications, knowledge and experience are
critical to the performance of the Services under the
Contract and whose Curricula Vitae (CV) was taken into
account in the technical evaluation of the Consultant’s
proposal.
(m) “Local Currency” means the currency of the Islamic
Republic of Afghanistan.
(n) “Member” means any of the entities that make up the joint
venture/consortium/association; and “Members” means all
these entities.
(o) “Non-Key Expert(s)” means an individual professional

provided by the Consultant or its Sub-consultant to
perform the Services or any part thereof under the
Contract.
(p) “Party” means the Entity or the Consultant, as the case may
be, and “Parties” means both of them.
(q) “Reimbursable expenses” means all assignment-related

costs other than Consultant’s remuneration.
(r) “SCC” means the Special Conditions of Contract by which

the GCC may be amended or supplemented but not over-
written.
73
(s) “Services” means the work to be performed by the

Consultant pursuant to this Contract, as described in
Appendix A hereto.
(t) “Sub-consultants” means an entity to whom/which the

Consultant subcontracts any part of the Services while
remaining solely liable for the execution of the Contract.
(u) “Third Party” means any person or entity other than the
Government, the Entity, the Consultant or a Sub-
consultant.
2. Relationship between the 2.1 Nothing contained herein shall be construed as establishing
Parties a relationship of master and servant or of principal and
agent as between the Entity and the Consultant. The
Consultant, subject to this Contract, has complete charge
of the Experts and Sub-consultants, if any, performing the
Services and shall be fully responsible for the Services
performed by them or on their behalf hereunder.
3. Law Governing Contract 3.1 This Contract, its meaning and interpretation, and the
relation between the Parties shall be governed by the
Applicable Law.
4. Language 4.1 This Contract has been executed in the language specified
in the SCC, which shall be the binding and controlling
language for all matters relating to the meaning or
interpretation of this Contract.
5. Headings 5.1 The headings shall not limit, alter or affect the meaning of
this Contract.
6. Communications 6.1 Any communication required or permitted to be given or

made pursuant to this Contract shall be in writing in the
language specified in Clause GCC 4. Any such notice,
request or consent shall be deemed to have been given or
made when delivered in person to an authorized
representative of the Party to whom the communication is
addressed, or when sent to such Party at the address
specified in the SCC.
74
6.2 A Party may change its address for notice hereunder by

giving the other Party any communication of such change
to the address specified in the SCC.
7. Location 7.1 The Services shall be performed at such locations as are

specified in Appendix A hereto and, where the location of
a particular task is not so specified, at such locations,
whether in the Government’s country or elsewhere, as the
Entity may approve.
8. Authority of Member in 8.1 In case the Consultant is a Joint Venture, the members
Charge hereby authorize the member specified in the SCC to act
on their behalf in exercising all the Consultant’s rights
and obligations towards the Entity under this Contract,
including without limitation the receiving of instructions
and payments from the Entity.
9. Authorized 9.1 Any action required or permitted to be taken, and any
Representatives document required or permitted to be executed under this
Contract by the Entity or the Consultant may be taken or
executed by the officials specified in the SCC.
10. Corrupt and Fraudulent 10.1 It is the Government’s policy to require that Procuring
Practices Entities, as well as Consultants and their agents (whether
declared or not), sub-contractors, sub-consultants,
service providers, or suppliers, and any personnel thereof
under government or Provider of Funds-financed
contracts, observe the highest standard of ethics during
the execution of the Contract. In pursuance of this policy
and for the purpose
10.1.1“corrupt of this
practice” provision,
means the National
the offering, receiving, or
soliciting, directly or indirectly, of anything of value
to influence the action of a public official in the
selection process or in contract execution;
10.1.2 “fraudulent practice” means a misrepresentation or
omission of facts in order to influence a selection
process or the execution of a contract;
10.1.3 “collusive practices” means a scheme or

arrangement between two or more consultants, with
or without the knowledge of the Procuring Entity,
designed to establish prices at artificial, non-
competitive levels;
75
10.1.4 “coercive practices” means harming or threatening

to harm, directly or indirectly, persons or their
property to influence their participation in a
procurement process, or affect the execution of a
contract;
10.3 The Government will sanction a Consultant, including
declaring the Consultant ineligible, either indefinitely or
for a stated period of time, to be awarded a contract if it
at any time determines that the Consultant has, directly
or through an agent, engaged in corrupt, fraudulent,
collusive or coercive practices in competing for, or in
executing, a contract, including, but not limited, to a
contract financed under Regular or Development
Budget, and /or a Provider of Funds-financed contract.
b. Commissions and Fees 10.4 The Entity requires the Consultant to disclose any
commissions or fees that may have been paid or are to
be paid to agents or any other party with respect to the
selection process or execution of the Contract. The
information disclosed must include at least the name and
address of the agent or other party, the amount and
currency, and the purpose of the commission, gratuity or
fee. Failure to disclose such commissions, gratuities or
fees may result in termination of the Contract and/or
sanctions by the Provider of Funds.
76
B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT
11. Effectiveness of Contract 11.1 This Contract shall come into force and effect on
the date (the “Effective Date”) of the Entity’s
notice to the Consultant instructing the Consultant
to begin carrying out the Services. This notice
shall confirm that the effectiveness conditions, if
any, listed in the SCC have been met.
12. Termination of Contract for 12.1 If this Contract has not become effective within
Failure to Become Effective such time period after the date of Contract
signature as specified in the SCC, either Party
may, by not less than twenty two (22) 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.
13. Commencement of Services 13.1 The Consultant shall confirm availability of Key
Experts and begin carrying out the Services not
later than the number of days after the Effective
Date specified in the SCC.
14. Expiration of Contract 14.1 Unless terminated earlier pursuant to Clause GCC
19 hereof, this Contract shall expire at the end of
such time period after the Effective Date as
15. Entire Agreement 15.1 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.
77
16.1. Any modification or variation of the terms and

16. Modifications or Variations conditions of this Contract, including any
modification or variation of the scope of the
Services, may only be made by written agreement
between the Parties. However, each Party shall
give due consideration to any proposals for
modification or variation made by the other Party.
16.2. In cases of substantial modifications or variations,

the prior written consent of the Provider of Funds
is required, if applicable.
17. Force Majeure

17.1. For the purposes of this Contract, “Force Majeure”
a. Definition means an event which is beyond the reasonable
control of a Party, is not foreseeable, is
unavoidable, and makes a Party’s performance of
its obligations hereunder impossible or so
impractical as reasonably to be considered
impossible under the circumstances, and subject to
those requirements, includes, but is not limited to,
war, riots, civil disorder, earthquake, fire,
explosion, storm, flood or other adverse weather
conditions, strikes, lockouts or other industrial
action confiscation or any other action by
Government agencies.
17.2 Force Majeure shall not include (i) any event
which is caused by the negligence or intentional
action of a Party or such Party’s Experts, Sub-
consultants or agents or employees, nor (ii) any
event which a diligent Party could reasonably have
been expected to both take into account at the time
of the conclusion of this Contract, and avoid or
overcome in the carrying out of its obligations
hereunder.
17.3 Force Majeure shall not include insufficiency of
funds or failure to make any payment required
hereunder.
78
17.4 The failure of a Party to fulfill any of its

b. No Breach of Contract 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.
17.5 A Party affected by an event of Force Majeure
c. Measures to be taken 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.
17.6 A Party affected by an event of Force Majeure
shall notify the other Party of such event as soon as
possible, and in any case not later than fourteen
(14) calendar days following the occurrence of
such event, providing evidence of the nature and
cause of such event, and shall similarly give
written notice of the restoration of normal
conditions as soon as possible.
17.7 Any period within which a Party shall, pursuant to
this Contract, complete any action or task, shall be
extended for a period equal to the time during
which such Party was unable to perform such
action as a result of Force Majeure.
17.8 During the period of their inability to perform the
Services as a result of an event of Force Majeure,
the Consultant, upon instructions by the Entity,
shall either:
(a) demobilize, in which case the Consultant shall be
reimbursed for additional costs they reasonably
and necessarily incurred, and, if required by the
Entity, in reactivating the Services; or
79
(b) continue with the Services to the extent

reasonably possible, in which case the Consultant
shall continue to be paid under the terms of this
Contract and be reimbursed for additional costs
reasonably and necessarily incurred.
17.9 In the case of disagreement between the Parties as

to the existence or extent of Force Majeure, the
matter shall be settled according to Clauses GCC
50& 51.
18.1 The Entity may, by written notice of suspension to
18. Suspension 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
request the Consultant to remedy such failure
within a period not exceeding thirty (30) calendar
days after receipt by the Consultant of such notice
of suspension.
19.1 This Contract may be terminated by either Party as
19. Termination per provisions set up below:
19.1.1 The Entity may terminate the Contract in

a. By the Entity case of the occurrence of any of the events
specified in paragraphs (a) through (f) of this
Clause. In such an occurrence the Entity
shall give at least thirty (30) calendar days’
written notice of termination to the
Consultant in case of the events referred to in
(a) through (e); at least sixty (60) calendar
days’ written notice in case of the event
referred to in (g); and at least five (5)
calendar days’ written notice in case of the
(a) If event referred tofails
the Consultant in (f):
to remedy a failure in the
performance of its obligations hereunder, as
specified in a notice of suspension pursuant to
Clause GCC 18;
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(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 GCC 49.1;
(d) 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) calendar days;
(e) If the Consultant submits to the Entity a false
statement which has a material effect on the
rights, obligations or interests of the Entity.
(f) If the Consultant fails to confirm availability of

Key Experts as required in Clause GCC 13.
(g) If the Entity, in its sole discretion and for any

reason whatsoever, decides to terminate this
Contract;
19.1.2 Furthermore, if the Entity determines that

the Consultant has engaged in corrupt,
fraudulent, collusive, coercive or obstructive
practices, in competing for or in executing the
Contract, then the Entity may, after giving
fourteen (14) calendar days written notice to
the Consultant, terminate the Consultant's
employment under the Contract.
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19.1.3 The Consultant may terminate this Contract,

b. By the Consultant by not less than thirty (30) calendar days’
written notice to the Entity, in case of the
occurrence of any of the events specified in
paragraphs (a) through (d) of this Clause.
(a) If the Entity fails to pay any money due to the

Consultant pursuant to this Contract and not
subject to dispute pursuant to Clauses GCC
49.1 within forty-five (45) calendar 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) calendar days.
(c) If the Entity t fails to comply with any final
decision reached as a result of arbitration
pursuant to Clause GCC 49.1.
(d) If the Entity 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 Entity of the
Consultant’s notice specifying such breach.
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19.1.4 Upon termination of this Contract pursuant

C. Cessation of Rights and to Clauses GCC 12 or GCC 19 hereof, or
Obligations upon expiration of this Contract pursuant to
Clause GCC 14, 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 GCC 22,
(iii) the Consultant’s obligation to permit
inspection, copying and auditing of their
accounts and records set forth in Clause
GCC 25, and (iv) any right which a Party
may have under the Applicable Law.
19.1.5 Upon termination of this Contract by notice

d. Cessation of Services of either Party to the other pursuant to
Clauses GCC 19a or GCC 19b, 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 Entity, the Consultant shall proceed as
provided, respectively, by Clauses GCC 28
or GCC 29.
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19.1.6 Upon termination of this Contract, the

e. Payment upon Termination Entity shall make the following payments
to the Consultant:
(a) remuneration for Services satisfactorily

performed prior to the effective date of
termination, and reimbursable expenditures
for expenditures actually incurred prior to
the effective date of termination; and
pursuant to Clause 43;
(b) in the case of termination pursuant to

paragraphs (d) and (e) of Clause GCC
19.1.1, reimbursement of any reasonable
cost incidental to the prompt and orderly
termination of this Contract, including the
cost of the return travel of the Experts.
C. OBLIGATIONS OF THE CONSULTANT
20.General
a. Standard of 20.1 The Consultant shall perform the Services and carry out
Performance the Services 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 a faithful adviser to the
Entity, and shall at all times support and safeguard the
Entity’s legitimate interests in any dealings with the
third parties.
20.2 The Consultant shall employ and provide such qualified
and experienced Experts and Sub-consultants as are
required to carry out the Services.
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20.3 The Consultant may subcontract part of the Services to

an extent and with such Key Experts and Sub-
consultants as may be approved in advance by the
Entity. Notwithstanding such approval, the Consultant
shall retain full responsibility for the Services.
b. Law Applicable to 20.4 The Consultant shall perform the Services in accordance
Services with the Contract and the Applicable Law and shall take
all practicable steps to ensure that any of its Experts and
Sub-consultants, comply with the Applicable Law.
20.5 Throughout the execution of the Contract, the

Consultant shall comply with the import of goods and
services prohibitions in the Entity’s country when:
(a) as a matter of law or official regulations, the

Entity’s country prohibits commercial relations
with that country; or
(b) by an act of compliance with a decision of the
United Nations Guarantee Council taken under
Chapter VII of the Charter of the United Nations,
the Entity’s Country prohibits any import of goods
from that country or any payments to any country,
person, or entity in that country.
20.6 The Entity shall notify the Consultant in writing of
relevant local customs, and the Consultant shall, after
such notification, respect such customs.
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c. Performance Security 20.7. If required as specified in the SCC, the Consultant

shall, within Fourteen (14) days of the notification of
contract award, provide a performance security for the
performance of the Contract in the amount, type and
format specified in the SCC.
20.8. The proceeds of the Performance Security shall be
payable to the Purchaser as compensation for any loss
resulting from the Consultant’s failure to complete its
obligations under the Contract.
20.9. The proceeds of the Performance Security shall be
payable to the Purchaser as compensation for any loss
resulting from the Consultant’s failure to complete its
obligations under this Contract.
20.10 The Performance Security shall be discharged by the
Purchaser and returned to the Consultant not later than
twenty-eight (28) days following the date of Completion
of the Consultant’s performance obligations under the
Contract.
21.Conflict of interest 21.1 The Consultant shall hold the Entity’s interests
paramount, without any consideration for future work,
and strictly avoid conflict with other assignments or
their own corporate interests.
a. Consultant Not to 21.1.1 The payment of the Consultant pursuant to GCC

Benefit from F (Clauses GCC 42 through 47) shall constitute
Commissions, the Consultant’s only payment in connection
Discounts, etc. with this Contract and, subject to Clause GCC
21.1.3, 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 Experts and agents of
either of them, similarly shall not receive any
such additional payment.
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21.1.2. Furthermore, if the Consultant, as part of the

Services, has the responsibility of advising the
Entity on the procurement of goods, works or
services, the Consultant shall comply with the
Public Procurement Law and Procurement
Procedures, and shall at all times exercise such
responsibility in the best interest of the Entity.
Any discounts or commissions obtained by the
Consultant in the exercise of such procurement
responsibility shall be for the account of the
Entity.
b. Consultant and Affiliates 21.1.3 The Consultant agrees that, during the term of
Not to Engage in this Contract and after its termination, the
Certain Activities 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 non-consulting services resulting from
or directly related to the Consultant’s Services
for the preparation or implementation of the
project, unless otherwise indicated in the SCC.
c. Prohibition of 21.1.4 The Consultant shall not engage, and shall cause
Conflicting its Experts as well as its Sub-consultants not to
Activities engage, either directly or indirectly, in any
business or professional activities that would
conflict with the activities assigned to them
under this Contract.
d. Strict Duty to Disclose 21.1.5 The Consultant has an obligation and shall
Conflicting ensure that its Experts and Sub-consultants shall
Activities have an obligation to disclose any situation of
actual or potential conflict that impacts their
capacity to serve the best interest of their Entity,
or that may reasonably be perceived as having
this effect. Failure to disclose said situations may
lead to the disqualification of the Consultant or
the termination of its Contract.
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22.Confidentiality 22.1 Except with the prior written consent of the Entity, the
Consultant and the Experts shall not at any time
communicate to any person or entity any confidential
information acquired in the course of the Services, nor
shall the Consultant and the Experts make public the
recommendations formulated in the course of, or as a
result of, the Services.
23. Liability of the Consultant 23.1 Subject to additional provisions, if any, set forth in the
SCC, the Consultant’s liability under this Contract shall
be as determined under the Applicable Law.
24. Insurance to be Taken out 24.1 The Consultant (i) shall take out and maintain, and shall
by the Consultant cause any Sub-consultants to take out and maintain, at
its (or the Sub-consultants’, as the case may be) own
cost but on terms and conditions approved by the Entity,
insurance against the risks, and for the coverage
specified in the SCC, and (ii) at the Entity’s request,
shall provide evidence to the Entity showing that such
insurance has been taken out and maintained and that
the current premiums therefore have been paid. The
Consultant shall ensure that such insurance is in place
prior to commencing the Services as stated in Clause
GCC 13.
25. Accounting, Inspection and 25.1 The Consultant (i) shall keep accurate and systematic
Auditing 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
Entity or its designated representative and/or the
Provider of Funds, and up to five years from expiration
or termination of this Contract, to inspect the same and
make copies thereof as well as to have them audited by
auditors appointed by the Entity or the Provider of
Funds, if so required by the Entity or the Provider of
26. Consultant’s Actions 26.1 Funds as the caseshall
The Consultant mayobtain
be. the Entity’s prior approval
Requiring Entity’s Prior in writing before taking any of the following actions:
Approval
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(a) Any change or addition to the Personnel listed in

Appendix B.
(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 Entity.
Notwithstanding such approval, the Consultant shall
retain full responsibility for the Services. In the event
that any Sub-Consultants are found by the Entity to be
incompetent or incapable in discharging assigned duties,
the Entity may request the Consultant to provide a
replacement, with qualifications and experience
acceptable to the Entity, or to resume the performance of
the Services itself.
(c) Any other action that may be specified in the SCC.
27. Reporting Obligations 27.1 The Consultant shall submit to the Entity the reports and
documents specified in Appendix A & Appendix C
hereto, in the form, in the numbers and within the time
periods set forth in the said Appendix. Final reports
shall be delivered in CD ROM in addition to the hard
copies specified in said Appendix.
28. Proprietary Rights of the 28.1 Unless otherwise indicated in the SCC, all reports and
Entity in Reports and relevant data and information such as maps, diagrams,
Records plans, databases, other documents and software,
supporting records or material compiled or prepared by
the Consultant for the Entity in the course of the
Services shall be confidential and become and remain
the absolute property of the Entity. The Consultant
shall, not later than upon termination or expiration of
this Contract, deliver all such documents to the Entity,
together with a detailed inventory thereof. The
Consultant may retain a copy of such documents, data
and/or software but shall not use the same for purposes
unrelated to this Contract without prior written
approval of the Entity.
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28.2 If license agreements are necessary or appropriate

between the Consultant and third parties for purposes of
development of the plans, drawings, specifications,
designs, databases, other documents and software, the
Consultant shall obtain the Entity’s prior written
approval to such agreements, and the Entity 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 SCC.
29. Equipment, Vehicles and 29.1 Equipment, vehicles and materials made available to
Materials the Consultant by the Entity, or purchased by the
Consultant wholly or partly with funds provided by the
Entity, shall be the property of the Entity and shall be
marked accordingly. Upon termination or expiration of
this Contract, the Consultant shall make available to the
Entity an inventory of such equipment, vehicles and
materials and shall dispose of such equipment, vehicles
and materials in accordance with the Entity’s
instructions. While in possession of such equipment,
vehicles and materials, the Consultant, unless otherwise
instructed by the Entity in writing, shall insure them at
the expense of the Entity in an amount equal to their
full replacement value.
29.2 Any equipment or materials brought by the Consultant
or its Experts into the Entity’s country for the use either
for the project or personal use shall remain the property
of the Consultant or the Experts concerned, as
applicable.
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D. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS

30.1 The title, agreed job description, minimum
30. Description of Key Experts qualification and time-input estimates to carry out the
Services of each of the Consultant’s Key Experts are
described in Appendix B.
30.2 If required to comply with the provisions of Clause
GCC 20a, adjustments with respect to the estimated
time-input of Key Experts set forth in Appendix B may
be made by the Consultant by a written notice to the
Entity, provided (i) that such adjustments shall not alter
the original time-input estimates for 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 GCC 42.2.
30.3 If additional work is required beyond the scope of the

Services specified in Appendix A, the estimated time-
input for the Key Experts may be increased by
agreement in writing between the Entity and the
Consultant. In case where payments under this Contract
exceed the ceilings set forth in Clause GCC 42.1, the
Parties shall sign a Contract amendment.
31.1 Except as the Entity may otherwise agree in writing, no
31. Replacement of Key Experts changes shall be made in the Key Experts.
31.2 Notwithstanding the above, the substitution of Key

Experts during Contract execution may be considered
only based on the Consultant’s written request and due
to circumstances outside the reasonable control of the
Consultant, including but not limited to death or
medical incapacity. In such case, the Consultant shall
forthwith provide as a replacement, a person of
equivalent or better qualifications and experience, and
at the same rate of remuneration.
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32.1 If during execution of the Contract, additional Key

32. Approval of Additional Key Experts are required to carry out the Services, the
Experts Consultant shall submit to the Entity for review and
approval a copy of their Curricula Vitae (CVs). If the
Entity does not object in writing (stating the reasons
for the objection) within twenty two (22) days from
the date of receipt of such CVs, such additional Key
Experts shall be deemed to have been approved by the
Entity.
The rate of remuneration payable to such new
additional Key Experts shall be based on the rates for
other Key Experts position which require similar
qualifications and experience.
33.1 If the Entity finds that any of the Experts or Sub-

33. Removal of Experts or Sub- consultant has committed serious misconduct or has
consultants been charged with having committed a criminal action,
or shall the Entity determine that Consultant’s Expert
of Sub-consultant have engaged in corrupt, fraudulent,
collusive, coercive or obstructive practice while
performing the Services, the Consultant shall, at the
Entity’s written request, provide a replacement.
33.2 In the event that any of Key Experts, Non-Key Experts
or Sub-consultants is found by the Entity to be
incompetent or incapable in discharging assigned
duties, the Entity, specifying the grounds therefore, may
request the Consultant to provide a replacement.
33.3 Any replacement of the removed Experts or Sub-
consultants shall possess better qualifications and
experience and shall be acceptable to the Entity.
34.1 Except as the Entity may otherwise agree, (i) the

34. Replacement/ Removal of Consultant shall bear all additional travel and other
Experts – Impact on Payments costs arising out of or incidental to any removal and/or
replacement, and (ii) the remuneration to be paid for
any of the Experts provided as a replacement shall not
exceed the remuneration which would have been
payable to the Experts replaced or removed.
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35.1 Working hours and holidays for Experts are set forth in
35. Working Hours, Overtime, Appendix B. To account for travel time to/from the
Leave, etc Entity’s country, experts carrying out Services inside
the Entity’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 Entity’s country as is
specified in Appendix B.
35.2 The Experts shall not be entitled to be paid for overtime
nor to take paid sick leave or vacation leave except as
specified in Appendix B, and the Consultant’s
remuneration shall be deemed to cover these items.
35.3 Any taking of leave by Key Experts shall be subject to

the prior approval by the Consultant who shall ensure
that absence for leave purposes will not delay the
progress and or impact adequate supervision of the
Services.
E. OBLIGATIONS OF THE ENTITY
36. Assistance and Exemptions 36.1 Unless otherwise specified in the SCC, the Entity shall
use its best efforts to:
(a) Assist the Consultant with obtaining work permits and
such other documents as shall be necessary to enable the
Consultant to perform the Services.
(b) Assist the Consultant with promptly obtaining, for the

Experts and, if appropriate, their eligible dependents, all
necessary entry and exit visas, residence permits,
exchange permits and any other documents required for
their stay in the Entity’s country while carrying out the
Services under the Contract.
(c) Facilitate prompt clearance through customs of any
property required for the Services and of the personal
effects of the Experts and their eligible dependents.
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(d) Issue to officials, agents and representatives of the

Government all such instructions and information as
may be necessary or appropriate for the prompt and
effective implementation of the Services.
(e) Assist the Consultant and the Experts and any Sub-
consultants employed by the Consultant for the
Services with obtaining exemption from any
requirement to register or obtain any permit to practice
their profession or to establish themselves either
individually or as a corporate entity in the Entity’s
country according to the applicable law in the Entity’s
country.
(f) Assist the Consultant, any Sub-consultants and the
Experts of either of them with obtaining the privilege,
pursuant to the applicable law in the Entity’s country,
of bringing into the Entity’s country reasonable
amounts of foreign currency for the purposes of the
Services or for the personal use of the Experts and of
withdrawing any such amounts as may be earned
therein by the Experts in the execution of the Services.
(g) Provide to the Consultant any such other assistance as

may be specified in the SCC.
37.1 The Entity warrants that the Consultant shall have, free
37. Access to Project Site of charge, unimpeded access to the project site in
respect of which access is required for the performance
of the Services. The Entity will be responsible for any
damage to the project site or any property thereon
resulting from such access and will indemnify the
Consultant and each of the experts in respect of liability
for any such damage, unless such damage is caused by
the willful default or negligence of the Consultant or
any Sub-consultants or the Experts of either of them.
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38.1 If, after the date of this Contract, there is any change in
38. Change in the Applicable the applicable law in the Entity’s country with respect
Law Related to Taxes and to taxes and duties which increases or decreases the
Duties
cost incurred by the Consultant in performing the
Services, then the remuneration and reimbursable
expenses otherwise payable to the Consultant under this
Contract shall be increased or decreased accordingly by
agreement between the Parties hereto, and
corresponding adjustments shall be made to the ceiling
amounts specified in Clause GCC 42.1
39.1 The Entity shall make available to the Consultant and

39. Services, Facilities and the Experts, for the purposes of the Services and free of
Property of the Entity any charge, the services, facilities and property
described in the Terms of Reference (Appendix F) at
the times and in the manner specified in said Appendix
F.
39.2 In case that such services, facilities and property shall
not be made available to the Consultant as and when
specified in Appendix A, 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 GCC 42.3.
40.1 The Entity shall make available to the Consultant free
40. Counterpart Personnel of charge such professional and support counterpart
personnel, to be nominated by the Entity with the
Consultant’s advice, if specified in Appendix A.
40.2 If counterpart personnel are not provided by the Entity

to the Consultant as and when specified in Appendix
A, the Entity 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 Entity to the Consultant as a result thereof pursuant
to Clause GCC 42.3.
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40.3 Professional and support counterpart personnel,

excluding Entity’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 Entity shall not
unreasonably refuse to act upon such request.
41.1 In consideration of the Services performed by the

41. Payment Obligation Consultant under this Contract, the Entity shall make
such payments to the Consultant and in such manner as
is provided by GCC F below.
F. PAYMENTS TO THE CONSULTANT
42. Ceiling Amount 42.1 An estimate of the cost of the Services is set forth in
Appendix D (Remuneration) and Appendix E
(Reimbursable expenses).
42.2 Payments under this Contract shall not exceed the
ceilings in foreign currency and in local currency
42.3 For any payments in excess of the ceilings specified in
GCC42.2, an amendment to the Contract shall be
signed by the Parties referring to the provision of this
Contract that evokes such amendment.
43. Remuneration and 43.1 The Entity shall pay to the Consultant (i) remuneration
Reimbursable Expenses that shall be determined on the basis of time actually
spent by each Expert in the performance of the Services
after the date of commencing of Services or such other
date as the Parties shall agree in writing; and (ii)
reimbursable expenses that are actually and reasonably
incurred by the Consultant in the performance of the
Services.
43.2 All payments shall be at the rates set forth in Appendix
D and Appendix E.
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43.3 Unless the SCC provides for the price adjustment of the
remuneration rates, said remuneration shall be fixed for
the duration of the Contract.
43.4 The remuneration rates shall cover: (i) such salaries and
allowances as the Consultant shall have agreed to pay
to the Experts as well as factors for social charges and
overheads (bonuses or other means of profit-sharing
shall not be allowed as an element of overheads), (ii)
the cost of backstopping by home office staff not
included in the Experts’ list in Appendix B, (iii) the
Consultant’s profit, and (iv) any other items as
43.5 Any rates specified for Experts not yet appointed shall
be provisional and shall be subject to revision, with the
written approval of the Entity, once the applicable
remuneration rates and allowances are known.
44. Taxes and Duties 44.1 The Consultant, Sub-consultants and Experts are
responsible for meeting any and all tax liabilities
arising out of the Contract unless it is stated otherwise
in the SCC.
44.2 As an exception to the above and as stated in the SCC,

all local identifiable indirect taxes (itemized and
finalized at Contract negotiations) are reimbursed to the
Consultant or are paid by the Entity on behalf of the
Consultant.
45. Currency of Payment 45.1 Any payment under this Contract shall be made in the
currency(ies) specified in the SCC.
46. Mode of Billing and 46.1 Billings and payments in respect of the Services shall be
Payment made as follows:
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(a) Advance payment. Within the number of days after the

Effective Date, the Entity shall pay to the Consultant an
advance payment as specified in the SCC. Unless
otherwise indicated in the SCC, an advance payment
shall be made against an advance payment bank
guarantee acceptable to the Entity in an amount (or
amounts) and in a currency (or currencies) specified in
the SCC. Such guarantee (i) is to remain effective until
the advance payment has been fully set off, and (ii) is to
be in the form set forth in Appendix G, or in such other
form as the Entity shall have approved in writing. The
advance payments will be set off by the Entity in equal
installments against the statements for the number of
months of the Services specified in the SCC until said
advance payments have been fully set off.
(b) The Itemized Invoices. 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 interval otherwise indicated in the SCC, the
Consultant shall submit to the Entity, in duplicate,
itemized invoices, accompanied by the receipts or other
appropriate supporting documents, of the amounts
payable pursuant to Clauses GCC 45 and GCC 46 for
such interval, or any other period indicated in the SCC.
Separate invoices shall be submitted for expenses
incurred in foreign currency and in local currency. Each
invoice shall show remuneration and reimbursable
expenses separately.
(c) The Entity shall pay the Consultant’s invoices within
sixty (60) days after the receipt by the Entity of such
itemized invoices with supporting documents. Only
such portion of an invoice 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 Entity may add or subtract the difference from any
subsequent payments.
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(d) The Final Payment .The final payment under this Clause
shall be made only after the final report and a final
invoice, identified as such, shall have been submitted by
the Consultant and approved as satisfactory by the Entity.
The Services shall be deemed completed and finally
accepted by the Entity and the final report and final
invoice shall be deemed approved by the Entity as
satisfactory ninety (90) calendar days after receipt of the
final report and final invoice by the Entity unless the
Entity, within such ninety (90) calendar day period, gives
written notice to the Consultant specifying in detail
deficiencies in the Services, the final report or final
invoice. The Consultant shall thereupon promptly make
any necessary corrections, and thereafter the foregoing
process shall be repeated. Any amount that the Entity
has paid or has caused to be paid in accordance with this
Clause in excess of the amounts payable in accordance
with the provisions of this Contract shall be reimbursed
by the Consultant to the Entity within thirty (30) days
after receipt by the Consultant of notice thereof. Any
such claim by the Entity for reimbursement must be
made within twelve (12) calendar months after receipt
by the Entity of a final report and a final invoice
(e) All payments under this Contract shall be made to the
accounts of the Consultant specified in the SCC.
(f) 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.
47. Interest on Delayed 47.1 If the Entity had delayed payments beyond fifteen (15)
Payments days after the due date stated in Clause GCC 46.1 (c),
interest shall be paid to the Consultant on any amount
due by, not paid on, such due date for each day of delay
at the annual rate stated in the SCC.
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G. FAIRNESS AND GOOD FAITH
48. Good Faith 48.1 The Parties undertake to act in good faith with respect
to each other’s rights under this Contract and to adopt
all reasonable measures to ensure the realization of the
objectives of this Contract.
49. Operation of the Contract 49.1 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 GCC
51 hereof.
H. SETTLEMENT OF DISPUTES
50. Amicable Settlement 50.1 The Parties shall seek to resolve any dispute amicably
by mutual consultation.
50.2 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 fourteen (14) days after receipt. If that Party
fails to respond within fourteen (14) days, or the
dispute cannot be amicably settled within fourteen (14)
days following the response of that Party, Clause GCC
51 shall apply.
51. Dispute Resolution 51.1 Any dispute between the Parties arising under or related
to this Contract that cannot be settled amicably may be
referred to by either Party to the
adjudication/arbitration in accordance with the
provisions specified in the SCC.
100
I. Special Conditions of Contract

[Notes in brackets are for guidance purposes only and should be deleted in the final text of the
signed contract]
Number of GC Clause Amendments of, and Supplements to, Clauses in the General Conditions
of Contract
4.1 The language is:____________ [insert the language].
6.1 and 6.2 The addresses are:
Entity :
Attention :
Facsimile :
E-mail (where permitted) :
Consultant :
Attention :
Facsimile :
8.1 [Note: If the Consultant consists only of one entity, state “N/A”;
OR
If the Consultant is a Joint Venture consisting of more than one entity, the
name of the JV member whose address is specified in Clause SCC6.1
should be inserted here. ]
The Lead Member on behalf of the JV is ___________
101
______________________________ [insert name of the member]
9.1 The Authorized Representatives are:
For the Entity: [name, title]
For the Consultant: [name, title]
11.1 The effectiveness conditions are the following: [insert “N/A” or list the
conditions]
[Note: If there are no effectiveness conditions, state “N/A”]
OR
List here any conditions of effectiveness of the Contract, e.g., approval of

the Contract by the Provider of Funds, effectiveness of the Provider of
Funds [loan/credit/grant], receipt by the Consultant of an advance
payment, and by the Entity of an advance payment guarantee (see Clause
SCC46.1(a)), etc.]
12.1 Termination of Contract for Failure to Become Effective:
The time period shall be _______________________ [insert time period,

e.g.: four months].
13.1 Commencement of Services:
The number of days shall be_________________ [e.g.: ten].
Confirmation of Key Experts’ availability to start the Assignment shall be

submitted to the Entity in writing as a written statement signed by each
Key Expert.
14.1 Expiration of Contract:
The time period shall be ________________________ [insert time

period, e.g.: twelve months].
20.7(c) The Standard Form of Performance Bank Guarantee acceptable to the

Entity shall be a Bank guarantee.
102
[A Bank Guarantee shall be unconditional according to Appendix H,

Performance Guarantee Form, An amount of five (5) to ten (10) percent
of the Contract Price is commonly specified for Performance Bank
Guarantee]
21 b. The Entity reserves the right to determine on a case-by-case basis

whether the Consultant should be disqualified from providing goods,
works or non-consulting services due to a conflict of a nature described
in Clause GCC 21.1.3
Yes______ No _____
103
23.1 No additional provisions.

[OR:
The following limitation of the Consultant’s Liability towards the Entity
can be subject to the Contract’s negotiations:
“Limitation of the Consultant’s Liability towards the Entity:
(a) Except in the case of gross negligence or willful misconduct on the
part of the Consultant or on the part of any person or a firm
acting on behalf of the Consultant in carrying out the Services,
the Consultant, with respect to damage caused by the
Consultant to the Entity’s property, shall not be liable to the
Entity:
(i) for any indirect or consequential loss or damage; and
(ii) for any direct loss or damage that exceeds [insert a
multiplier, e.g.: one, two, three] times the total value of
the Contract;
(b) This limitation of liability shall not:
(i) affect the Consultant’s liability, if any, for damage to Third
Parties caused by the Consultant or any person or firm acting on
behalf of the Consultant in carrying out the Services;
(ii) be construed as providing the Consultant with any limitation
or exclusion from liability which is prohibited by the
“Applicable Law”,
24.1 The insurance coverage against the risks shall be as follows:
[Note: Delete what is not applicable except (a)].
(a) Professional liability insurance, with a minimum coverage of

______________________ [insert amount and currency which should be
not less than the total ceiling amount of the Contract];
(b) Third Party motor vehicle liability insurance in respect of motor

vehicles operated in the Entity’s country by the Consultant or its
Experts or Sub-consultants, with a minimum coverage of [insert
amount and currency or state “in accordance with the applicable
104
law in the Entity’s country”];
(c) Third Party liability insurance, with a minimum coverage of [insert

(d) employer’s liability and workers’ compensation insurance in respect

of the experts and Sub-consultants in accordance with the relevant
provisions of the applicable law in the Entity’s country, as well as,
with respect to such Experts, any such life, health, accident, travel
or other insurance as may be appropriate; and
(e) 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.
28.1 [If applicable, insert any exceptions to proprietary rights

provision____________________________________]
28.2 [If there is to be no restriction on the future use of these documents by

either Party, this Clause SCC 28.2 should be deleted. If the Parties wish
to restrict such use, any of the following options, or any other option
agreed to by the Parties, could be used:
[The Consultant shall not use these [insert what applies…… documents
and software………..] for purposes unrelated to this Contract without the
prior written approval of the Entity.]
OR
[The Entity shall not use these [insert what applies…….documents and
software………..] for purposes unrelated to this Contract without the
prior written approval of the Consultant.]
OR
[Neither Party shall use these [insert what applies…….documents and
software………..] for purposes unrelated to this Contract without the
prior written approval of the other Party.]
36.1(g) [List here any other assistance to be provided by the Entity. If there is no
such other assistance, delete this Clause SCC 36.1(g).]
105
42.2 The ceiling in foreign currency or currencies is: ____________________

[insert amount and currency for each currency] [indicate: inclusive or
exclusive] of local indirect taxes.
The ceiling in local currency is: ___________________ [insert amount

and currency] [indicate: inclusive or exclusive] of local indirect taxes.
Any indirect local taxes chargeable in respect of this Contract for the
Services provided by the Consultant shall [insert as appropriate: “be
paid” or “reimbursed”] by the Entity [insert as appropriate:”for“ or
“to”] the Consultant.
The amount of such taxes is ____________________ [insert the amount

as finalized at the Contract’s negotiations on the basis of the estimates
provided by the Consultant in Form FIN-2 of the Consultant’s Financial
Proposal.]
43.3 Price adjustment on the remuneration …………….. [insert “applies” or

“ does not apply”]
[If the Contract is less than 12 months, price adjustment does not apply.
If the Contract has duration of more than 12 months, a price adjustment

provision on the remuneration for foreign and/or local inflation shall be
included here. The adjustment should be made every 12 months after the
date of the contract for remuneration in foreign currency and – except if
there is very high inflation in the Entity’s country, in which case more
frequent adjustments should be provided for – at the same intervals for
remuneration in local currency. Remuneration in foreign currency should
be adjusted by using the relevant index for salaries in the country of the
respective foreign currency (which normally is the country of the
Consultant) and remuneration in local currency by using the
corresponding index for the Entity’s country. A sample provision is
provided below for guidance:
Payments for remuneration made in [foreign and/or local] currency shall

be adjusted as follows:
(1) Remuneration paid in foreign currency on the basis of the rates set
forth in Appendix D shall be adjusted every 12 months (and, the
first time, with effect for the remuneration earned in the 13 th
calendar month after the date of the Contract Effectiveness date) by
applying the following formula:
106
R f =R fo× I f R f =R fo×[ 0. 1+0 . 9

If
]
I fo {or I fo }
where
Rf is the adjusted remuneration;
Rfo is the remuneration payable on the basis of the remuneration

rates (Appendix D) in foreign currency;
If is the official index for salaries in the country of the foreign

currency for the first month for which the adjustment is supposed
to have effect; and
Ifo is the official index for salaries in the country of the foreign
currency for the month of the date of the Contract.
The Consultant shall state here the name, source institution, and any
necessary identifying characteristics of the official index for
salaries corresponding to If and Ifo in the adjustment formula for
remuneration paid in foreign currency: [Insert the name, source
institution, and necessary identifying characteristics of the index
for foreign currency, e.g. “Consumer Price Index for all Urban
Consumers (CPI-U), not seasonally adjusted; U.S. Department of
Labor, Bureau of Labor Statistics”]
(2) Remuneration paid in local currency pursuant to the rates set forth
in Appendix D shall be adjusted every [insert number] months (and,
for the first time, with effect for the remuneration earned in the
[insert number]the calendar month after the date of the Contract) by
applying the following formula:
R l=R lo × I l R l=R lo ×[0 . 1+0 .9

Il
]
I lo {or I lo }
where
Rl is the adjusted remuneration;
Rlo is the remuneration payable on the basis of the remuneration

rates (Appendix D) in local currency;
Il is the official index for salaries in the Entity’s country for the
107
first month for which the adjustment is to have effect; and
Ilo is the official index for salaries in the Entity’s country for the
month of the date of the Contract.
The Entity shall state here the name, source institution, and any
necessary identifying characteristics of the official index for
salaries corresponding to Il and Ilo in the adjustment formula for
remuneration paid in local currency: [Insert the name, source
institution, and necessary identifying characteristics of the index
for foreign currency]
(3) Any part of the remuneration that is paid in a currency different from
the currency of the official index for salaries used in the adjustment
formula, shall be adjusted by a correction factor X0/X. X0 is the number of
units of currency of the country of the official index, equivalent to one
unit of the currency of payment on the date of the contract. X is the
number of units of currency of the country of the official index,
equivalent to one unit of the currency of payment on the first day of the
first month for which the adjustment is supposed to have effect.
44.1 and 44.2 [The Provider of Funds leaves it to the Entity to decide whether the
Consultant (i) should be exempted from indirect local tax, or (ii) should
be reimbursed by the Entity for any such tax they might have to pay (or
that the Entity would pay such tax on behalf of the Consultant]
The Entity warrants that [choose one applicable option consistent with
the ITC 17.3 and the outcome of the Contract’s negotiations (Form FIN-
2, part B “Indirect Local Tax – Estimates”):
If ITC 17.3 indicates a tax exemption status, include the following: “the
Consultant, the Sub-consultants and the Experts shall be exempt from”
OR
If ITC 17.3 does not indicate the exemption and, depending on whether
the Entity shall pay the withholding tax or the Consultant has to pay,
include the following:
“the Entity shall pay on behalf of the Consultant, the Sub-consultants and
the Experts,” OR “the Entity shall reimburse the Consultant, the Sub-
consultants and the Experts”]
any indirect taxes, duties, fees, levies and other impositions imposed,
under the applicable law in the Entity’s country, on the Consultant, the
108
Sub-consultants and the Experts in respect of:
(a) any payments whatsoever made to the Consultant, Sub-consultants

and the Experts (other than nationals or permanent residents of the
Entity’s country), in connection with the carrying out of the
Services;
(b) any equipment, materials and supplies brought into the Entity’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 by them;
(c) any equipment imported for the purpose of carrying out the Services
and paid for out of funds provided by the Entity and which is treated
as property of the Entity;
(d) any property brought into the Entity’s country by the Consultant,
any Sub-consultants or the Experts (other than nationals or
permanent residents of the Entity’s country), or the eligible
dependents of such experts for their personal use and which will
subsequently be withdrawn by them upon their respective departure
from the Entity’s country, provided that:
(i) the Consultant, Sub-consultants and experts shall follow the

usual customs procedures of the Entity’s country in importing
property into the Entity’s country; and
(ii) if the Consultant, Sub-consultants or Experts do not withdraw

but dispose of any property in the Entity’s country upon
which customs duties and taxes have been exempted, the
Consultant, Sub-consultants or Experts, as the case may be,
(a) shall bear such customs duties and taxes in conformity
with the regulations of the Entity’s country, or (b) shall
reimburse them to the Entity if they were paid by the Entity
at the time the property in question was brought into the
Entity’s country.
45.1 The currency [currencies] of payment shall be the following: [list

currency(ies) which should be the same as in the Financial Proposal,
Form FIN-2]
109
46.1(a) [The advance payment could be in either the foreign currency, or the
local currency, or both; select the correct wording in the Clause here
below. The advance bank payment guarantee should be in the same
currency(ies)]
The following provisions shall apply to the advance payment and the
advance bank payment guarantee:
(1) An advance payment [of [insert amount] in foreign currency] [and

of [insert amount] in local currency] shall be made within [insert
number] days after the Effective Date. The advance payment will
be set off by the Entity in equal installments against the statements
for the first [insert number] months of the Services until the
advance payment has been fully set off.
46.1(b) [Delete this Clause SCC 46.1(b) if the Consultant shall have to submit its
itemized statements monthly. Otherwise, the following text can be used to
indicate the required intervals:
The Consultant shall submit to the Entity itemized statements at time

intervals of __________________ [e.g. “every quarter”, “every six
months”, “every two weeks”, etc.].
46.1(e) The accounts are:
for foreign currency: [insert account].
for local currency: [insert account].
47.1 The interest rate is: [insert rate].
51. Disputes shall be settled by arbitration in accordance with the following

provisions:
1. Selection of Arbitrators. Each dispute submitted by a Party to

arbitration shall be heard by a sole arbitrator or an arbitration panel
composed of three (3) arbitrators, in accordance with the following
provisions:
(a) Where the Parties agree that the dispute concerns a technical
matter, they may agree to appoint a sole arbitrator or, failing
agreement on the identity of such sole arbitrator within thirty
(30) days after receipt by the other Party of the proposal of a
name for such an appointment by the Party who initiated the
proceedings, either Party may apply to [name an appropriate
110
international professional body, e.g., the Federation

International des Ingenieurs-Conseil (FIDIC) of Lausanne,
Switzerland] for a list of not fewer than five (5) nominees and,
on receipt of such list, the Parties shall alternately strike
names therefrom, and the last remaining nominee on the list
shall be the sole arbitrator for the matter in dispute. If the last
remaining nominee has not been determined in this manner
within sixty (60) days of the date of the list, [insert the name
of the same professional body as above] shall appoint, upon
the request of either Party and from such list or otherwise, a
sole arbitrator for the matter in dispute.
(b) Where the Parties do not agree that the dispute concerns a
technical matter, the Entity and the Consultant shall each
appoint one (1) 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 thirty (30)
days after the latter of the two (2) arbitrators named by the
Parties has been appointed, the third arbitrator shall, at the
request of either Party, be appointed by [name an appropriate
international appointing authority, e.g., the Secretary General
of the Permanent Court of Arbitration, The Hague; the
Secretary General of the International Centre for Settlement
of Investment Disputes, Washington, D.C.; the International
Chamber of Commerce, Paris; etc.].
(c) If, in a dispute subject to paragraph (b) above, one Party fails
to appoint its arbitrator within thirty (30) days after the other
Party has appointed its arbitrator, the Party which has named
an arbitrator may apply to the [name the same appointing
authority as in said paragraph (b)] 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.
2. Rules of Procedure. Except as otherwise stated herein, 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.
111
3. Substitute Arbitrators. If for any reason an arbitrator is unable to

perform his/her function, a substitute shall be appointed in the same
manner as the original arbitrator.
4. Nationality and Qualifications of Arbitrators. The sole arbitrator or

the third arbitrator appointed pursuant to paragraphs 1(a) through
1(c) above shall be an internationally recognized legal or technical
expert with extensive experience in relation to the matter in dispute
and shall not be a national of the Consultant’s home country [Note:
If the Consultant consists of more than one entity, add: or of the
home country of any of their members or Parties] or of the
Government’s country. For the purposes of this Clause, “home
country” means any of:
(a) the country of incorporation of the Consultant [Note: If the

Consultant consists of more than one entity, add: or of any of
their members or Parties]; or
(b) the country in which the Consultant’s [or any of their

members’ or Parties’] principal place of business is located; or
(c) the country of nationality of a majority of the Consultant’s [or

of any members’ or Parties’] shareholders; or
(d) the country of nationality of the Sub-consultants concerned,
where the dispute involves a subcontract.
5. Miscellaneous. In any arbitration proceeding hereunder:
(a) proceedings shall, unless otherwise agreed by the Parties, be

held in [select a country which is neither the Entity’s country
nor the Consultant’s country];
(b) the [type of language] language shall be the official language

for all purposes; and
(c) the decision of the sole arbitrator or of a majority of the
arbitrators (or of the third arbitrator if there is no such
majority) shall be final and binding and shall be enforceable in
any court of competent jurisdiction, and the Parties hereby
waive any objections to or claims of immunity in respect of
such enforcement.
112
II. Appendices
APPENDIX A – TERMS OF REFERENCE
[This Appendix shall include the final Terms of Reference (TORs) worked out by the Entity
and the Consultant during the negotiations; dates for completion of various tasks; location of
performance for different tasks; detailed reporting requirements; Entity’s input, including
counterpart personnel assigned by the Entity to work on the Consultant’s team; specific tasks
that require prior approval by the Entity.
Insert the text based on the Section 7 (Terms of Reference) of the ITC in the RFP and
modified based on the Forms TECH-1 through TECH-5 in the Consultant’s Proposal.
Highlight the changes to Section 7 of the RFP]
If the Services consist of or include the supervision of civil works, the following action that
require prior approval of the Entity shall be added to the “Reporting Requirements” section
of the TORs: Taking any action under a civil works contract designating the Consultant as
“Engineer”, for which action, pursuant to such civil works contract, the written approval of
the Entity as “Employer” is required.]
APPENDIX B – PERSONNEL AND SUB-CONSULTANTS – HOURS OF WORK FOR KEY

PERSONNEL
[Insert a table based on Form TECH-6 of the Consultant’s Technical Proposal and finalized
at the Contract’s negotiations. Attach the CVs (updated and signed by the respective Key
Experts) demonstrating the qualifications of Key Experts.]
[Specify Hours of Work for Key Experts: List here the hours of work for Key Experts; travel
time to/ from the Entity’s country; entitlement, if any, to leave pay; public holidays in the Entity’s
country that may affect Consultant’s work; etc. Make sure there is consistency with Form TECH-
6. In particular: one month equals twenty two (22) working (billable) days. One working
(billable) day shall be not less than eight (8) working (billable) hours. ]
APPENDIX C - REPORTING REQUIREMENTS
Note: List format, frequency, and contents of reports; persons to receive them; dates of
submission; etc. If no reports are to be submitted, state here “Not applicable.”
113
APPENDIX D – REMUNERATION COST ESTIMATES
1. Monthly rates for the Experts:
[Insert the table with the remuneration rates. The table shall be based on [Form FIN-3]
of the Consultant’s Proposal and reflect any changes agreed at the Contract
negotiations, if any. The footnote shall list such changes made to [Form FIN-3] at the
negotiations or state that none has been made.]
2. [When the Consultant has been selected under Quality-Based Selection method, or the
Entity has requested the Consultant to clarify the breakdown of very high remuneration rates
at the Contract’s negotiations also add the following:
“The agreed remuneration rates shall be stated in the attached Model Form I. This
form shall be prepared on the basis of Appendix A to Form FIN-3 of the RFP
“Consultants’ Representations regarding Costs and Charges” submitted by the
Consultant to the Entity prior to the Contract’s negotiations.
Should these representations be found by the Entity (either through inspections or

audits pursuant to Clause GCC 25 or through other means) to be materially
incomplete or inaccurate, the Entity shall be entitled to introduce appropriate
modifications in the remuneration rates affected by such materially incomplete or
inaccurate representations. Any such modification shall have retroactive effect and, in
case remuneration has already been paid by the Entity before any such modification,
(i) the Entity shall be entitled to offset any excess payment against the next monthly
payment to the Consultants, or (ii) if there are no further payments to be made by the
Entity to the Consultants, the Consultants shall reimburse to the Entity any excess
payment within thirty (30) days of receipt of a written claim of the Entity. Any such
claim by the Entity for reimbursement must be made within twelve (12) calendar
months after receipt by the Entity of a final report and a final statement approved by
the Entity in accordance with Clause GCC 46.1(d) of this Contract.”
114
Model Form I
Breakdown of Agreed Fixed Rates in Consultant’s Contrac
We hereby confirm that we have agreed to pay to the Experts listed, who will be involved in performing the Services, the basic
fees and away from the home office allowances (if applicable) indicated below:
(Expressed in [insert name of currency])*
Experts 1 2 3 4 5 6 7 8
Basic Agreed Fixed Agreed Fixed
Away from
Remuneration Social Rate per Rate per
Overhea Subtota Home
Name Position rate per Charg Profit2 Working Working
d1 l Office
Working es1 Month/Day/Ho Month/Day/Ho
Allowance
Month/Day/Year ur ur1
Home Office
Work in the Entity’s

Country
1 Expressed as percentage of 1
* If more than one currency, add a table
Signature Date
Name and Title:
APPENDIX E – REIMBURSABLE EXPENSES COST ESTIMATES
1. [Insert the table with the reimbursable expenses rates. The table shall be based on [Form
FIN-4] of the Consultant’s Proposal and reflect any changes agreed at the Contract
negotiations, if any. The footnote shall list such changes made to [Form FIN-4] at the
negotiations or state that none has been made.
2. All reimbursable expenses shall be reimbursed at actual cost, unless otherwise explicitly
provided in this Appendix, and in no event shall reimbursement be made in excess of the
Contract amount. ]
APPENDIX F - SERVICES AND FACILITIES PROVIDED BY THE ENTITY
Note: List here the services and facilities to made available to the Consultant by the Entity.
APPENDIX G- FORM OF ADVANCE PAYMENTS GUARANTEE

[See Clause GCC 46.1(a) and SCC 46.1(a)]
{Guarantor letterhead or SWIFT identifier code}
Bank Guarantee for Advance Payment
Guarantor: ___________________ [insert commercial Bank’s Name, and Address of

Issuing Branch or Office]
Beneficiary: _________________ [insert Name and Address of Entity]
Date: ____________[insert date]____
ADVANCE PAYMENT GUARANTEE No.: ___________[insert number]______
We have been informed that ____________ [name of Consultant or a name of the Joint
Venture, same as appears on the signed Contract] (hereinafter called "the Consultant") has
entered into Contract No. _____________ [reference number of the contract] dated
___[insert date]_________ with the Beneficiary, for the provision of __________________
[brief description of Services] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an advance

payment in the sum of ___________ [insert amount in figures] ( ) [amount in
words] is to be made against an advance payment guarantee.
At the request of the Consultant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ [amount in
figures] ( ) [amount in words]1 upon receipt by us of the Beneficiary’s
complying demand supported by the Beneficiary’s a written statement, whether in the
demand itself or in a separate signed document accompanying or identifying the demand,
stating that the Consultant is in breach of their obligation under the Contract because the
Consultant:
(a) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Consultant has failed to repay;
1 1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated
either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Entity.
117
(b) has used the advance payment for purposes other than toward providing the Services
under the Contract.
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Consultant on their account
number ___________ at _________________ [name and address of bank].
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Consultant as indicated in certified statements or invoices
marked as “paid” by the Entity which shall be presented to us. This guarantee shall expire, at
the latest, upon our receipt of the payment certificate or paid invoice indicating that the
Consultant has made full repayment of the amount of the advance payment, or on the __ day
of _[month]__________, [year]__,2 whichever is earlier. Consequently, any demand for
payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
revision, ICC Publication No. 758.
_____________________
[signature(s)]
{Note: All italicized text is for indicative purposes only to assist in preparing this form and
shall be deleted from the final product.}
2 2
Insert the expected expiration date. In the event of an extension of the time for completion of the Contract, the
Entity would need to request an extension of this guarantee from the Guarantor. Such request must be in
writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee,
the Entity might consider adding the following text to the form, at the end of the penultimate paragraph: “The
Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year],
in response to the Entity’s written request for such extension, such request to be presented to the Guarantor
before the expiry of the guarantee.”
118
APPENDIX H- FORM OF PERFORMANCE GUARANTEE
(W)(UNCONDITIONAL)
[See Clause GCC 20.7 and SCC 20.7]
Performance Bank Guarantee

PERFORMANCE BANK GUARANTEE No.: ___________[insert number]______
Furthermore, we understand that, according to the conditions of the Contract, a Performance

Guarantee is required.
At the request of the Consultant, WE [Insert the Name of the Bank] , as Guarantor, hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [Insert
the amount in words and figures]2 such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, upon receipt by us of your first demand in
writing accompanied by a written statement stating that the Consultant is in breach of its
obligation(s) under the Contract, without your needing to prove or to show grounds for your
demand or the sum specified therein.
This guarantee shall expire no later than twenty-eight (28) days from the date of issuance of
the Taking-Over Certificate, calculated based on a copy of such Certificate which shall be
119
provided to us, or on the [Insert the day] day of [Insert the month], [Insert the year]3
whichever occurs first. Consequently, any demand for payment under this guarantee must be
received by us at this office on or before that date.
_____________________
[signature(s)]
3
The Guarantor (bank) shall insert an amount representing the percentage of the Contract Price specified in
the Contract and denominated either in the currency(ies) of the Contract or a freely convertible currency
acceptable to the Employer.
[Insert the date twenty eight (28) days after the expected Completion date. The Entity should note that in the
event of an extension of the time for completion of the Contract, the Entity would need to request an extension
of this Guarantee from the Guarantor. Such request must be in writing and must be made prior to the
expiration date established in the Guarantee. In preparing this Guarantee, the Entity might consider adding the
following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time
extension of this Guarantee for a period not to exceed [Insert “SIX MONTHS” OR “ONE YEAR”], in response to the
Entity’s written request for such extension, such request to be presented to the Guarantor before the expiry of
the Guarantee.”.]
120
STANDARD FORM OF CONTRACT
Consultant’s Services
Lump-Sum
121
Contents
Preface...................................................................................................................................129
I. Form of Contract.............................................................................................................131
II. General Conditions of Contract...................................................................................134
A. General Provisions...................................................................................................134
1. Definitions…………………………………………………………………….…...134
2. Relationship Between the Parties……………………………………………….…136
3. Law Governing Contract……………………………………………………….…..136
4. Language……………………………………………………………………….….136
5. Headings……………………………………………………………………………136
6. Communications……………………………………………………………………136
7. Location…………………………………………………………………………….136
8. Authority of Member in Charge……………………………………………………136
9. Authorized Representatives………………………………………………………..137
10. Corrupt and Fraudulent Practices…………………………………………………137
B. Commencement, Completion, Modification and Termination of Contract.......139
11. Effectiveness of Contract…………………………………………………………139
12. Termination of Contract for Failure to Become
Effective………………………...139
13. Commencement of Services …..…………………………….……………………139
14. Expiration of Contract………………………………………...…………………..139
15. Entire Agreement………………………………………………………………….139
16. Modifications or Variations………………………………………………………140
17. Force Majeure……………………………………………………………………..140
18. Suspension…………………………...……………………………………………142
19. Termination ………………………………………………………………………142
C. Obligations of the Consultant.................................................................................145
20. General……………………………………………………………………….…..145
21. Conflict of Interests ………………………………………………………….…...146
22. Confidentiality……………………………………………………………………148
23. Liability of the Consultant………………………………………………………..148
24. Insurance to be Taken out by the Consultant……………………………………..148
25. Accounting, Inspection and Auditing……………………………………………..148
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26. Consultant’s Actions Requiring Entity’s Prior Approval…………………..……..148

27. Reporting Obligations……………………………………………….……………149
28. Proprietary Rights of the Entity in Reports and Records………………….……..149
29. Equipment, Vehicles and Materials ………………………………………………150
D. Consultant’s Experts and Sub-Consultants.......................................................151
30. Description of Key Experts ……………………………………………………..151
31. Replacement of Key Experts…………………………………………………….151
32. Removal of Experts or Sub-consultants………………………………………….151.
E. Obligations of the Entity......................................................................................151
33. Assistance and Exemptions ……………………………………………………..152
34. Access to Project Site…………………………………………………………….153
35. Change in the Applicable Law Related to Taxes and Duties…………………….153
36. Services, Facilities and Property of the Entity…………………………………...153
37. Counterpart Personnel…………………………………………………………………………………………………154
38. Payment Obligation 1……………………………………………………………..154
F. Payments to the Consultant.................................................................................154
39. Contract Price……………………………………………………………………154
40. Taxes and Duties…………………………………………………………………155
41. Currency of Payment…………………………………………………………......155
42. Mode of Billing and Payment…………………………………………………….155
43. Interest on Delayed Payments…………………………………………………….156
G. Fairness and Good Faith......................................................................................157
44. Good Faith……………………………………………………………………………………………………………………157
H. Settlement of Disputes..........................................................................................157
45. Amicable Settlement…………………………………………………………….157
46. Dispute Resolution………………………………………………………………157
III. Special Conditions of Contract..........................................................................158
IV. Appendices...........................................................................................................168
Appendix A – Terms of Reference…………………………………………………..168
Appendix B - Key Experts…………………………………………………………...168
Appendix C - Reporting Requirements ………………………………………………168
Appendix D – Breakdown of Contract Price……………………………………….....169
Appendix E – Services and Facilities Provided by the Entity………………...………171
Appendix F - Form of Advance Payments Guarantee………………………………..172
Appendix G - Form of Performance Bank Guarantee………………………………...174
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Preface
21 This Standard Contract form for Consulting Services has been prepared by National
Procurement Authority for use of Procuring Entities and their implementing agencies
(referred to hereinafter as Entities) when they hire a consulting firm (referred to hereinafter
as the Consultant) for complex assignments for which contract price is paid on lump-sum
basis. Its use is mandatory under the circumstances described.
22 The Standard Contract consists of four parts: the Form of Contract to be signed by the
Entity and the Consultant, the General Conditions of Contract, the Special Conditions of
Contract, and the Appendices. The General Conditions of Contract, including shall not be
modified. The Special Conditions of Contract that contain clauses specific to each
Contract intend to supplement, but not over-write or otherwise contradict, the General
Conditions.
124
CONTRACT FOR CONSULTANT’S SERVICES
Lump-Sum
Project Name ___________________________
[Loan/Credit/Grant] No.____________________
Contract No. ____________________________
between
and
[Name of the Consultant]
125
Dated:
I. Form of Contract
LUMP-SUM
(Text in brackets ( ) is optional; all notes [ ] should be deleted in final text)
This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the month of
[month], [year], between, on the one hand, [name of Entity] (hereinafter called the “Entity”)
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 “Entity”) 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 Entity for all the Consultant’s obligations under this
Contract, namely, [name of Consultant] and [name of Consultant] (hereinafter called the
“Consultant”).]
WHEREAS
(a) the Entity 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 Entity that it 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 Entity has received [or has applied for] a budget allocation or a loan/ grant/
credit from the Provider of Funds [Insert the name and address of the Provider
of Funds] towards the cost of the Services and intends to apply a portion of the
proceeds of this [budget, loan, credit or grant] to eligible payments under this
Contract, it being understood (i) that payments by the Procuring Entity ( or the
Provider of Funds) will be made only at the request of the Entity and upon
approval by the Procuring Entity (or the Provider of Funds), (ii) that such
payments will be subject, in all respects, to the terms and conditions of the
agreement providing for the (budget, loan, credit or grant) and (iii) that no party
other than the Entity shall derive any rights from the agreement providing for the
(budget, loan, credit or grant) or have any claim to (budget, loan, credit or grant)
proceeds;
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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) The General Conditions of Contract;
(b) The Special Conditions of Contract;
(c) The following Appendices: [Note: If any of these Appendices are not used, the
words “Not Used” should be inserted below, next to the title of the Appendix]
Appendix A: Terms of Reference [Not used]
Appendix B: Key Experts [Not used]
Appendix C: Reporting Requirements [Not used]
Appendix D: Breakdown of Contract Price [Not used]
Appendix E: Services and Facilities Provided by the Entity [Not used]
Appendix F: Form of Advance Payments Guarantee [Not used]
Appendix G: Form of Performance Bank Guarantee [Not used]
2. The mutual rights and obligations of the Entity 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 Entity shall make payments to the Consultant accordance with the
provisions of the 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 [Name of Entity]
[Authorized Representative of the Entity – name, title and signature]
For and on behalf of [Name of Consultant or Name of a Joint Venture]
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[Authorized Representative of the Consultant – name and signature]
[For a joint venture, either all members shall sign or only the lead member, in which case the
power of attorney to sign on behalf of all members shall be attached.]
For and on behalf of each of the members of the Consultant [insert the name of the Joint
Venture]
[Name of the lead member]
[Authorized Representative on behalf of a Joint Venture]
[add signature blocks for each member if all are signing]
128
II. General Conditions of Contract
A. GENERAL PROVISIONS
1. Definitions 1.1 Unless the context otherwise requires, the following terms whenever used
in this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the
force of law in Afghanistan.
(b) “Entity” means the implementing agency that signs the Contract for the
Services with the Selected Consultant.
(c) “Consultant” means a legally-established Private or public professional
consulting firm or entity selected by the Entity to provide the Services
under the signed Contract.
(d) “Contract” means the legally binding written agreement signed between th
Entity and the Consultant and which includes all the attached documents
listed in its paragraph 1 of the Form of Contract (the General Conditions
(GCC), the Special Conditions (SCC), and the Appendices).
(e) “Day” means calendar day.

(f) “Effective Date” means the date on which this Contract comes into force an
effect pursuant to Clause GCC 11.
(g) “Experts” means, collectively, Key Experts, Non-Key Experts, or any othe
personnel of the Consultant, Sub-consultant or JV member(s) assigned by
the Consultant to perform the Services or any part thereof under the
Contract.
(h) “Foreign Currency” means any currency other than the Islamic Republic of
Afghanistan.
(i) “GCC” means these General Conditions of Contract
(j) “Government” means the Government of Islamic Republic of Afghanistan.
129
(k) “Joint Venture (JV)” means an association with or without a legal

personality distinct from that of its members, of more than one entity
where one member has the authority to conduct all businesses for and on
behalf of any and all the members of the JV, and where the members of
the JV are jointly and severally liable to the Entity for the performance o
the Contract.
(l) “Key Expert(s)” means an individual professional whose skills,

qualifications, knowledge and experience are critical to the performance
the Services under the Contract and whose Curricula Vitae (CV) was tak
into account in the technical evaluation of the Consultant’s proposal.
(m) “Local Currency” means the currency of the Islamic Republic of

Afghanistan.
(n) “Member” means any of the entities that make up the joint
venture/consortium/association; and “Members” means all these entities.
(o) “Non-Key Expert(s)” means an individual professional provided by the

Consultant or its Sub-consultant to perform the Services or any part
thereof under the Contract.
(p) “Party” means the Entity or the Consultant, as the case may be, and “Partie
means both of them.
(q) “Reimbursable expenses” means all assignment-related costs other than
Consultant’s remuneration.
(r) “SCC” means the Special Conditions of Contract by which the GCC may
be amended or supplemented but not over-written.
(s) “Services” means the work to be performed by the Consultant pursuant to

this Contract, as described in Appendix A hereto.
(t) “Sub-consultants” means an entity to whom/which the Consultant

subcontracts any part of the Services while remaining solely liable for the
execution of the Contract.
(u) “Third Party” means any person or entity other than the Government, the
Entity, the Consultant or a Sub-consultant.
130
2. Relationship between the 2.1 Nothing contained herein shall be construed as establishing a relationship
Parties of master and servant or of principal and agent as between the Entity and
the Consultant. The Consultant, subject to this Contract, has complete
charge of the Experts and Sub-consultants, if any, performing the Service
and shall be fully responsible for the Services performed by them or on
their behalf hereunder.
3. Law Governing Contract 3.1 This Contract, its meaning and interpretation, and the relation between t
Parties shall be governed by the Applicable Law.
4. Language 4.1 This Contract has been executed in the language specified in the SCC,
which shall be the binding and controlling language for all matters relatin
to the meaning or interpretation of this Contract.
5. Headings 5.1 The headings shall not limit, alter or affect the meaning of this Contract.
6. Communications 6.1 Any communication required or permitted to be given or made pursuant

this Contract shall be in writing in the language specified in Clause GCC
4. Any such notice, request or consent shall be deemed to have been give
or made when delivered in person to an authorized representative of the
Party to whom the communication is addressed, or when sent to such
Party at the address specified in the SCC.
6.2 A Party may change its address for notice hereunder by giving the other
Party any communication of such change to the address specified in the
SCC.
7. Location 7.1 The Services shall be performed at such locations as are specified in
Appendix A hereto and, where the location of a particular task is not so
specified, at such locations, whether in the Government’s country or
elsewhere, as the Entity may approve.
8. Authority of Member in 8.1 In case the Consultant is a Joint Venture, the members hereby authorize
Charge the member specified in the SCC to act on their behalf in exercising all
the Consultant’s rights and obligations towards the Entity under this
Contract, including without limitation the receiving of instructions and
payments from the Entity.
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9. Authorized Representatives 9.1 Any action required or permitted to be taken, and any document required
or permitted to be executed under this Contract by the Entity or the
Consultant may be taken or executed by the officials specified in the SC
10. Corrupt and Fraudulent 10.1 It is the Government’s policy to require that Procuring Entities, as well a
Practices Consultants and their agents (whether declared or not), sub-contractors,
sub-consultants, service providers, or suppliers, and any personnel
thereof under government or Provider of Funds-financed contracts,
observe the highest standard of ethics during the execution of the
Contract. In pursuance of this policy and for the purpose of this
provision, the National Procurement Authority defines the terms set fort
below as follows:
10.1.1“corrupt practice” means the offering, receiving, or soliciting, directl
or indirectly, of any thing of value to influence the action of a public
official in the selection process or in contract execution;
10.1.2 “fraudulent practice” means a misrepresentation or omission of facts

in order to influence a selection process or the execution of a contract
10.1.3 “collusive practices” means a scheme or arrangement between two o

more consultants, with or without the knowledge of the Procuring
Entity, designed to establish prices at artificial, non-competitive level
10.1.4 “coercive practices” means harming or threatening to harm, directl

or indirectly, persons or their property to influence their participatio
in a procurement process, or affect the execution of a contract;
10.3 The Government will sanction a Consultant, including declaring the

Consultant ineligible, either indefinitely or for a stated period of time, to
be awarded a contract if it at any time determines that the Consultant
has, directly or through an agent, engaged in corrupt, fraudulent,
collusive or coercive practices in competing for, or in executing, a
contract, including, but not limited, to a contract financed under Regula
or Development Budget, and /or a Provider of Funds-financed contract.
132
b. Commissions and Fees 10.4 The Entity requires the Consultant to disclose any commissions or fees
that may have been paid or are to be paid to agents or any other party
with respect to the selection process or execution of the Contract. The
information disclosed must include at least the name and address of the
agent or other party, the amount and currency, and the purpose of the
commission, gratuity or fee. Failure to disclose such commissions,
gratuities or fees may result in termination of the Contract and/or
sanctions by the Provider of Funds.
133
B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT
11. Effectiveness of Contract 11.1 This Contract shall come into force and effect on the date (the
“Effective Date”) of the Entity’s notice to the Consultant
instructing the Consultant to begin carrying out the Services. This
notice shall confirm that the effectiveness conditions, if any, listed
in the SCC have been met.
12. Termination of Contract for 12.1 If this Contract has not become effective within such time period
Failure to Become Effective after the date of Contract signature as specified in the SCC, either
Party may, by not less than twenty two (22) days written notice to
the other Party, declare this Contract to be null and void, and in th
event of such a declaration by either Party, neither Party shall have
any claim against the other Party with respect hereto.
13. Commencement of Services 13.1 The Consultant shall confirm availability of Key Experts and begin
carrying out the Services not later than the number of days after th
Effective Date specified in the SCC.
14. Expiration of Contract 14.1 Unless terminated earlier pursuant to Clause GCC 19 hereof, this
Contract shall expire at the end of such time period after the
Effective Date as specified in the SCC.
15. Entire Agreement 15.1 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.
134
16.3. Any modification or variation of the terms and conditions of this

16. Modifications or Variations Contract, including any modification or variation of the scope of
the Services, may only be made by written agreement between the
Parties. However, each Party shall give due consideration to any
proposals for modification or variation made by the other Party.
16.4. In cases of substantial modifications or variations, the prior written

consent of the Provider of Funds is required.
17. Force Majeure

177.1. For the purposes of this Contract, “Force Majeure” means an
d. Definition event which is beyond the reasonable control of a Party, is not
foreseeable, is unavoidable, and makes a Party’s performance of it
obligations hereunder impossible or so impractical as reasonably t
be considered impossible under the circumstances, and subject to
those requirements, includes, but is not limited to, war, riots, civil
disorder, earthquake, fire, explosion, storm, flood or other adverse
weather conditions, strikes, lockouts or other industrial action
confiscation or any other action by Government agencies.
17.2 Force Majeure shall not include (i) any event which is caused by
the negligence or intentional action of a Party or such Party’s
Experts, Sub-consultants or agents or employees, nor (ii) any even
which a diligent Party could reasonably have been expected to bot
take into account at the time of the conclusion of this Contract, an
avoid or overcome in the carrying out of its obligations hereunder
17.3 Force Majeure shall not include insufficiency of funds or failure to

make any payment required hereunder.
135
17.4 The failure of a Party to fulfill any of its obligations hereunder

e. No Breach of Contract 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.
17.5 A Party affected by an event of Force Majeure shall continue to

f. Measures to be Taken 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.
17.6 A Party affected by an event of Force Majeure shall notify the

other Party of such event as soon as possible, and in any case not
later than fourteen (14) calendar days following the occurrence of
such event, providing evidence of the nature and cause of such
event, and shall similarly give written notice of the restoration of
normal conditions as soon as possible.
17.7 Any period within which a Party shall, pursuant to this Contract,
complete any action or task, shall be extended for a period equal t
the time during which such Party was unable to perform such
action as a result of Force Majeure.
17.8 During the period of their inability to perform the Services as a

result of an event of Force Majeure, the Consultant, upon
instructions by the Entity, shall either:
(c) demobilize, in which case the Consultant shall be reimbursed for

additional costs they reasonably and necessarily incurred, and, if
required by the Entity, in reactivating the Services; or
(d) continue with the Services to the extent reasonably possible, in

which case the Consultant shall continue to be paid under the terms
of this Contract and be reimbursed for additional costs reasonably
and necessarily incurred.
136
17.9 In the case of disagreement between the Parties as to the existence

or extent of Force Majeure, the matter shall be settled according to
Clauses 46 & 47.
18.1 The Entity may, by written notice of suspension to the Consultant,

18. Suspension suspend all payments to the Consultant hereunder if the Consultan
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 request the Consultant to remedy such failure within a
period not exceeding thirty (30) calendar days after receipt by the
Consultant of such notice of suspension.
19.1 This Contract may be terminated by either Party as per provisions

19. Termination set up below:
19.1.1 The Entity may terminate this Contract in case of the
a. By the Entity occurrence of any of the events specified in paragraphs (a)
through (f) of this Clause. In such an occurrence the Entity
shall give at least thirty (30) calendar days’ written notice of
termination to the Consultant in case of the events referred t
in (a) through (e); at least sixty (60) calendar days’ written
notice in case of the event referred to in (g); and at least five
(5) calendar days’ written notice in case of the event referred
to in (f):
(a) If the Consultant fails to remedy a failure in the performance of

its obligations hereunder, as specified in a notice of suspension
pursuant to Clause GCC 18;
(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 compulsor
or voluntary;
137
(c) If the Consultant fails to comply with any final decision reached
as a result of arbitration proceedings pursuant to Clause GCC
47.1;
(d) 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) calendar days;
(e) If the Consultant submits to the Entity a false statement which ha

a material effect on the rights, obligations or interests of the
Entity.
(f) If the Consultant fails to confirm availability of Key Experts as
required in Clause GCC 13.
(g) If the Entity, in its sole discretion and for any reason whatsoever
decides to terminate this Contract;
19.1.2 Furthermore, if the Entity determines that the Consultant ha

engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices, in competing for or in executing the
Contract, then the Entity may, after giving fourteen (14)
calendar days written notice to the Consultant, terminate the
Consultant's employment under the Contract.
19.1.3 The Consultant may terminate this Contract, by not less than
(b) By the Consultant thirty (30) calendar days’ written notice to the Entity, in case o
the occurrence of any of the events specified in paragraphs (a)
through (d) of this Clause.
(a) If the Entity fails to pay any money due to the Consultant
pursuant to this Contract and not subject to dispute pursuant t
Clauses GCC 47.1 within forty-five (45) calendar days after
receiving written notice from the Consultant that such payme
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) calendar days.
138
(c) If the Entity fails to comply with any final decision reached as a
result of arbitration pursuant to Clause GCC 47.1.
(d) If the Entity is in material breach of its obligations pursuant to th

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
Entity of the Consultant’s notice specifying such breach.
19.1.4 Upon termination of this Contract pursuant to Clauses GCC

c. Cessation of Rights and 12 or GCC 19 hereof, or upon expiration of this Contract
Obligations pursuant to Clause GCC 14, all rights and obligations of th
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
Clause GCC 22, (iii) the Consultant’s obligation to permit
inspection, copying and auditing of their accounts and
records set forth in Clause GCC 25, and (iv) any right whic
a Party may have under the Applicable Law.
19.1.5 Upon termination of this Contract by notice of either Party

d. Cessation of Services the other pursuant to Clauses GCC 19a or GCC 19b, 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 eve
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
Entity, the Consultant shall proceed as provided,
respectively, by Clauses GCC 28 or GCC 29.
139
19.1.6 Upon termination of this Contract, the Entity shall make the
e. Payment upon Termination following payments to the Consultant:
C. OBLIGATIONS OF THE CONSULTANT

20.General
a. Standard of Performance 20.1 The Consultant shall perform the Services and carry out the Services
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 a faithful adviser to the
Entity, and shall at all times support and safeguard the Entity’s
legitimate interests in any dealings with the third parties.
20.2 The Consultant shall employ and provide such qualified and experience
Experts and Sub-consultants as are required to carry out the Services.
20.3 The Consultant may subcontract part of the Services to an extent and
with such Key Experts and Sub-consultants as may be approved in
advance by the Entity. Notwithstanding such approval, the Consultant
shall retain full responsibility for the Services.
b. Law Applicable to 20.4 The Consultant shall perform the Services in accordance with the
Services Contract and the Applicable Law and shall take all practicable steps to
ensure that any of its Experts and Sub-consultants, comply with the
Applicable Law.
20.5 Throughout the execution of the Contract, the Consultant shall comply
with the import of goods and services prohibitions in the Entity’s
country when:
(a) as a matter of law or official regulations, the Entity’s country

prohibits commercial relations with that country; or
140
(b) by an act of compliance with a decision of the United Nations

Guarantee Council taken under Chapter VII of the Charter of the
United Nations, the Entity’s Country prohibits any import of goods
from that country or any payments to any country, person, or entity i
that country.
20.6 The Entity shall notify the Consultant in writing of relevant local
customs, and the Consultant shall, after such notification, respect such
customs.
c. Performance Guarantee 20.7. If required as specified in the SCC, the Consultant shall, within
Fourteen (14) days of the notification of contract award, provide a
performance security for the performance of the Contract in the amount,
type and format specified in the SCC.
20.8. The proceeds of the Performance Security shall be payable to the
Purchaser as compensation for any loss resulting from the Consultant’s
failure to complete its obligations under the Contract.
20.9. The proceeds of the Performance Security shall be payable to the
Purchaser as compensation for any loss resulting from the Consultant’s
failure to complete its obligations under this Contract.
22.10 The Performance Security shall be discharged by the Purchaser and
returned to the Consultant not later than twenty-eight (28) days followin
the date of Completion of the Consultant’s performance obligations
under the Contract.
21.Conflict of interest 21.1 The Consultant shall hold the Entity’s interests paramount, without any
consideration for future work, and strictly avoid conflict with other
assignments or their own corporate interests.
141
a. Consultant Not to Benefit 21.1.1 The payment of the Consultant pursuant to GCC F (Clauses GCC
from Commissions, 39 through 43) shall constitute the Consultant’s only payment in
Discounts, etc. connection with this Contract and, subject to Clause GCC 21.1.3
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 Experts
and agents of either of them, similarly shall not receive any such
additional payment.
21.1.2. Furthermore, if the Consultant, as part of the Services, has the

responsibility of advising the Entity on the procurement of
goods, works or services, the Consultant shall comply with the
Public Procurement Law and Procurement Procedures, and shall
at all times exercise such responsibility in the best interest of the
Entity. Any discounts or commissions obtained by the
Consultant in the exercise of such procurement responsibility
shall be for the account of the Entity.
b. Consultant and Affiliates 21.1.3 The Consultant agrees that, during the term of this Contract and
Not to Engage in after its termination, the Consultant and any entity affiliated with
Certain Activities the Consultant, as well as any Sub-consultants and any entity
affiliated with such Sub-consultants, shall be disqualified from
providing goods, works or non-consulting services resulting from
or directly related to the Consultant’s Services for the
preparation or implementation of the project, unless otherwise
indicated in the SCC.
142
c. Prohibition of 21.1.4 The Consultant shall not engage, and shall cause its Experts as
Conflicting well as its Sub-consultants not to engage, either directly or
Activities indirectly, in any business or professional activities that would
conflict with the activities assigned to them under this Contract.
d. Strict Duty to Disclose 21.1.5 The Consultant has an obligation and shall ensure that its Expert
Conflicting and Sub-consultants shall have an obligation to disclose any
Activities situation of actual or potential conflict that impacts their capacit
to serve the best interest of their Entity, or that may reasonably
be perceived as having this effect. Failure to disclose said
situations may lead to the disqualification of the Consultant or
the termination of its Contract.
22.Confidentiality 22.1 Except with the prior written consent of the Entity, the Consultant and
the Experts shall not at any time communicate to any person or entity
any confidential information acquired in the course of the Services, nor
shall the Consultant and the Experts make public the recommendations
formulated in the course of, or as a result of, the Services.
23. Liability of the Consultant 23.1 Subject to additional provisions, if any, set forth in the SCC, the
Consultant’s liability under this Contract shall be as determined under the
Applicable Law.
24. Insurance to be Taken out 24.1 The Consultant (i) shall take out and maintain, and shall cause any Sub-
by the Consultant consultants to take out and maintain, at its (or the Sub-consultants’, as
the case may be) own cost but on terms and conditions approved by the
Entity, insurance against the risks, and for the coverage specified in the
SCC, and (ii) at the Entity’s request, shall provide evidence to the Entit
showing that such insurance has been taken out and maintained and tha
the current premiums therefore have been paid. The Consultant shall
ensure that such insurance is in place prior to commencing the Services
as stated in Clause GCC 13.
143
25. Accounting, Inspection and 25.1 The Consultant (i) shall keep accurate and systematic accounts and
Auditing 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 th
bases thereof, and (ii) shall periodically permit the Entity or its
designated representative and/or the Provider of Funds, and up to five
years from expiration or termination of this Contract, to inspect the sam
and make copies thereof as well as to have them audited by auditors
appointed by the Entity or the Provider of Funds, if so required by the
Entity or the Provider of Funds as the case may be.
26. Consultant’s Actions 26.1 The Consultant shall obtain the Entity’s prior approval in writing befor
Requiring Entity’s Prior taking any of the following actions:
Approval
(a) Any change or addition to the Personnel listed in Appendix B
(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 Entity. Notwithstanding such approval, the
Consultant shall retain full responsibility for the Services. In the event
that any Sub-Consultants are found by the Entity to be incompetent or
incapable in discharging assigned duties, the Entity may request the
Consultant to provide a replacement, with qualifications and experience
acceptable to the Entity, or to resume the performance of the Services
itself.
(c) Any other action that may be specified in the SCC.

27. Reporting Obligations 27.1 The Consultant shall submit to the Entity the reports and documents
specified in Appendix C hereto, in the form, in the numbers and within
the time periods set forth in the said Appendix. Final reports shall be
delivered in CD ROM in addition to the hard copies specified in said
Appendix.
144
28. Proprietary Rights of the 28.1 Unless otherwise indicated in the SCC, all reports and relevant data an
Entity in Reports and information such as maps, diagrams, plans, databases, other document
Records and software, supporting records or material compiled or prepared by
the Consultant for the Entity in the course of the Services shall be
confidential and become and remain the absolute property of the Entit
The Consultant shall, not later than upon termination or expiration of
this Contract, deliver all such documents to the Entity, together with a
detailed inventory thereof. The Consultant may retain a copy of such
documents, data and/or software but shall not use the same for purpos
unrelated to this Contract without prior written approval of the Entity.
28.2 If license agreements are necessary or appropriate between the

Consultant and third parties for purposes of development of the plans,
drawings, specifications, designs, databases, other documents and
software, the Consultant shall obtain the Entity’s prior written approval
to such agreements, and the Entity 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 SCC.
145
29. Equipment, Vehicles and 29.1 Equipment, vehicles and materials made available to the Consultant b
Materials the Entity, or purchased by the Consultant wholly or partly with funds
provided by the Entity, shall be the property of the Entity and shall be
marked accordingly. Upon termination or expiration of this Contract,
the Consultant shall make available to the Entity an inventory of such
equipment, vehicles and materials and shall dispose of such equipmen
vehicles and materials in accordance with the Entity’s instructions.
While in possession of such equipment, vehicles and materials, the
Consultant, unless otherwise instructed by the Entity in writing, shall
insure them at the expense of the Entity in an amount equal to their fu
replacement value.
29.2 Any equipment or materials brought by the Consultant or its Experts in

the Entity’s country for the use either for the project or personal use sha
remain the property of the Consultant or the Experts concerned, as
applicable.
146
D. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS

30.1 The title, agreed job description, minimum qualification and time-inpu
30. Description of Key Experts estimates to carry out the Services of each of the Consultant’s Key
Experts are described in Appendix B.
31.1 Except as the Entity may otherwise agree in writing, no changes shall
31. Replacement of Key Experts be made in the Key Experts.
31.2 Notwithstanding the above, the substitution of Key Experts during
Contract execution may be considered only based on the Consultant’s
written request and due to circumstances outside the reasonable contro
of the Consultant, including but not limited to death or medical
incapacity. In such case, the Consultant shall forthwith provide as a
replacement, a person of equivalent or better qualifications and
experience, and at the same rate of remuneration.
32.1 If the Entity finds that any of the Experts or Sub-consultant ha

32. Removal of Experts or Sub- committed serious misconduct or has been charged with havin
consultants committed a criminal action, or shall the Entity determine tha
Consultant’s Expert of Sub-consultant have engaged in corrup
fraudulent, collusive, coercive or obstructive practice while performin
the Services, the Consultant shall, at the Entity’s written reques
provide a replacement.
32.2 In the event that any of Key Experts, Non-Key Experts or Sub
consultants is found by the Entity to be incompetent or incapable i
discharging assigned duties, the Entity, specifying the grounds therefor
may request the Consultant to provide a replacement.
32.3 Any replacement of the removed Experts or Sub-consultants sha

possess better qualifications and experience and shall be acceptable t
the Entity.
32.4 The Consultant shall bear all costs arising out of or incidental to an
removal and/or replacement of such Experts.
E. OBLIGATIONS OF THE ENTITY
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33. Assistance and 33.1 Unless otherwise specified in the SCC, the Entity shall use its best
Exemptions efforts to:
(a) Assist the Consultant with obtaining work permits and such oth
documents as shall be necessary to enable the Consultant to perform t
Services.
(b) Assist the Consultant with promptly obtaining, for the Experts and,
appropriate, their eligible dependents, all necessary entry and exit visa
residence permits, exchange permits and any other documents requir
for their stay in the Entity’s country while carrying out the Servic
under the Contract.
(c) Facilitate prompt clearance through customs of any property requir

for the Services and of the personal effects of the Experts and the
eligible dependents.
(d) Issue to officials, agents and representatives of the Government all su
instructions and information as may be necessary or appropriate for t
prompt and effective implementation of the Services.
(e) Assist the Consultant and the Experts and any Sub-consultants employ
by the Consultant for the Services with obtaining exemption from an
requirement to register or obtain any permit to practice their professi
or to establish themselves either individually or as a corporate entity
the Entity’s country according to the applicable law in the Entity
country.
(f) Assist the Consultant, any Sub-consultants and the Experts of either
them with obtaining the privilege, pursuant to the applicable law in t
Entity’s country, of bringing into the Entity’s country reasonab
amounts of foreign currency for the purposes of the Services or for t
personal use of the Experts and of withdrawing any such amounts
may be earned therein by the Experts in the execution of the Services.
(g) Provide to the Consultant any such other assistance as may be specifi
in the SCC.
148
34.1 The Entity warrants that the Consultant shall have, free of charg
34. Access to Project Site unimpeded access to the project site in respect of which access
required for the performance of the Services. The Entity will
responsible for any damage to the project site or any property there
resulting from such access and will indemnify the Consultant and ea
of the experts in respect of liability for any such damage, unless su
damage is caused by the willful default or negligence of the Consulta
or any Sub-consultants or the Experts of either of them.
35.1 If, after the date of this Contract, there is any change in the applicab
35. Change in the Applicable law in the Entity’s country with respect to taxes and duties whi
Law Related to Taxes and increases or decreases the cost incurred by the Consultant in performi
Duties
the Services, then the remuneration and reimbursable expens
otherwise payable to the Consultant under this Contract shall
increased or decreased accordingly by agreement between the Parti
hereto, and corresponding adjustments shall be made to the ceilin
amounts specified in Clause GCC 39.1
36.1 The Entity shall make available to the Consultant and the Experts, f
36. Services, Facilities and the purposes of the Services and free of any charge, the service
Property of the Entity facilities and property described in the Terms of Reference (Append
A) at the times and in the manner specified in said Appendix A.
36.2 In case that such services, facilities and property shall not be ma
available to the Consultant as and when specified in Appendix A, t
Parties shall agree on (i) any time extension that it may be appropria
to grant to the Consultant for the performance of the Services, (ii) t
manner in which the Consultant shall procure any such service
facilities and property from other sources, and (iii) the addition
payments, if any, to be made to the Consultant as a result there
pursuant to Clause GCC 39.2.
149
37.1 The Entity shall make available to the Consultant free of charge su
37. Counterpart Personnel professional and support counterpart personnel, to be nominated by t
Entity with the Consultant’s advice, if specified in Appendix A.
37.2 If counterpart personnel are not provided by the Entity to the Consulta
as and when specified in Appendix A, the Entity and the Consulta
shall agree on (i) how the affected part of the Services shall be carri
out, and (ii) the additional payments, if any, to be made by the Entity
the Consultant as a result thereof pursuant to Clause GCC 39.3.
37.3 Professional and support counterpart personnel, excluding Entity

liaison personnel, shall work under the exclusive direction of t
Consultant. If any member of the counterpart personnel fails
perform adequately any work assigned to such member by t
Consultant that is consistent with the position occupied by su
member, the Consultant may request the replacement of such membe
and the Entity shall not unreasonably refuse to act upon such request.
38.1 In consideration of the Services performed by the Consultant under th

38. Payment Obligation Contract, the Entity shall make such payments to the Consultant and
such manner as is provided by GCC F below.
F. PAYMENTS TO THE CONSULTANT
39. Contract Price 39.1 The Contract price is fixed and is set forth in the SCC. The Contract price
breakdown is provided in Appendix D.
39.2 Any change to the Contract price specified in Clause 39.1 can be ma
only if the Parties have agreed to the revised scope of Services pursuant
Clause GCC 16 and have amended in writing the Terms of Reference
Appendix A.
39.3 Unless the SCC provides for the price adjustment of the remunerati
rates, said remuneration shall be fixed for the duration of the Contract.
150
40. Taxes and Duties 40.1 The Consultant, Sub-consultants and Experts are responsible for meetin
any and all tax liabilities arising out of the Contract unless it is stat
otherwise in the SCC.
40.2 As an exception to the above and as stated in the SCC, all loc
identifiable indirect taxes (itemized and finalized at Contract negotiation
are reimbursed to the Consultant or are paid by the Entity on behalf of t
Consultant.
41. Currency of 41.1 Any payment under this Contract shall be made in the currency(ie
Payment specified in the SCC.
42. Mode of Billing and 42.1 The total payments under this Contract shall not exceed the Contract pri
Payment set forth in Clause GCC 39.1.
42.2 The payments under this Contract shall be made in lump-sum installmen
against deliverables specified in Appendix A. The payments will be ma
according to the payment schedule stated in the SCC.
42.2.1 Advance payment: Unless otherwise indicated in the SCC,

advance payment shall be made against an advance payment ba
guarantee acceptable to the Entity in an amount (or amounts) and in
currency (or currencies) specified in the SCC. Such guarantee (i) is
remain effective until the advance payment has been fully set off, and (
is to be in the form set forth in Appendix D, or in such other form as t
Entity shall have approved in writing. The advance payments will be set o
by the Entity in equal portions against the lump-sum installments specifi
in the SCC until said advance payments have been fully set off.
151
42.2.2 The Lump-Sum Installment Payments. The Entity shall pay t

Consultant within sixty (60) days after the receipt by the Entity of t
deliverable(s) and the cover invoice for the related lump-sum installme
payment. The payment can be withheld if the Entity does not approve t
submitted deliverable(s) as satisfactory in which case the Entity sh
provide comments to the Consultant within the same sixty (60) da
period. The Consultant shall thereupon promptly make any necessa
corrections, and thereafter the foregoing process shall be repeated.
42.2.3 The Final Payment .The final payment under this Clause shall be made on
after the final report l have been submitted by the Consultant and approved
satisfactory by the Entity. The Services shall then be deemed completed a
finally accepted by the Entity. The last lump-sum installment shall be deem
approved for payment by the Entity within ninety (90) calendar days af
receipt of the final report by the Entity unless the Entity, within such nine
(90) calendar day period, gives written notice to the Consultant specifying
detail deficiencies in the Services, the final report. The Consultant sh
thereupon promptly make any necessary corrections, and thereafter t
foregoing process shall be repeated.
42.2.4 All payments under this Contract shall be made to the accounts
the Consultant specified in the SCC.
42.2.5 With the exception of the final payment
under 42.2.3 above, payments do not constitute acceptance of the who

Services nor relieve the Consultant of any obligations hereunder.
43. Interest on Delayed 43.1 If the Entity had delayed payments beyond fifteen (15) days after the d
Payments date stated in Clause GCC 42.2.2 interest shall be paid to the Consultant on an
amount due by, not paid on, such due date for each day of delay at the annual ra
stated in the SCC.
152
G. FAIRNESS AND GOOD FAITH
44. Good Faith 44.1 The Parties undertake to act in good faith with respect to each other’
rights under this Contract and to adopt all reasonable measures t
ensure the realization of the objectives of this Contract.
45. Operation of the 45.1 The Parties recognize that it is impractical in this Contract to provid
Contract for every contingency which may arise during the life of the Contrac
and the Parties hereby agree that it is their intention that this Contrac
shall operate fairly as between them, and without detriment to th
interest of either of them, and that, if during the term of this Contra
either Party believes that this Contract is operating unfairly, the Partie
will use their best efforts to agree on such action as may be necessar
to remove the cause or causes of such unfairness, but no failure t
agree on any action pursuant to this Clause shall give rise to a disput
subject to arbitration in accordance with Clause GCC 47 hereof.
H. SETTLEMENT OF DISPUTES
46. Amicable Settlement 46.1 The Parties shall seek to resolve any dispute amicably by mutual
consultation.
46.2 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
fourteen (14) days after receipt. If that Party fails to respond within
fourteen (14) days, or the dispute cannot be amicably settled within
fourteen (14) days following the response of that Party, Clause GCC
47.1 shall apply.
47. Dispute Resolution 47.1 Any dispute between the Parties arising under or related to this Contrac
that cannot be settled amicably may be referred to by either Party to
the adjudication/arbitration in accordance with the provisions specifie
in the SCC.
153
II. Special Conditions of Contract
[Notes in brackets are for guidance purposes only and should be deleted in the final text of the
signed contract]
Amendments of, and Supplements to, Clauses in the General

Number of GC Conditions of Contract
Clause
4.1 The language is:____________ [insert the language].
The addresses are:
Entity : ____________________________________________
Attention : _________________________________________
Facsimile :__________________________________________
E-mail (where permitted):

6.1 and 6.2
Consultant :
Attention : ___________________________________________
Facsimile : ___________________________________________
[Note: If the Consultant consists only of one entity, state “N/A”;
OR
8.1 If the Consultant is a Joint Venture consisting of more than one entity,
the name of the JV member whose address is specified in Clause
SCC6.1 should be inserted here. ]
The Lead Member on behalf of the JV is ___________

______________________________ [insert name of the member]
9.1 The Authorized Representatives are:
For the Entity: [name, title]
154
For the Consultant: [name, title]
The effectiveness conditions are the following: [insert “N/A” or list

the conditions]
[Note: If there are no effectiveness conditions, state “N/A”]
OR
11.1
List here any conditions of effectiveness of the Contract, e.g.,
approval of the Contract by the Provider of Funds, effectiveness of the
Provider of Funds [loan/credit/grant], receipt by the Consultant of an
advance payment, and by the Entity of an advance payment guarantee
(see Clause SCC45.1(a)), etc.]
Termination of Contract for Failure to Become Effective:

12.1 The time period shall be _______________________ [insert time
period, e.g.: four months].
Commencement of Services:
The number of days shall be_________________ [e.g.: ten].

13.1
Confirmation of Key Experts’ availability to start the Assignment
shall be submitted to the Entity in writing as a written statement
signed by each Key Expert.
Expiration of Contract:
14.1 The time period shall be ________________________ [insert time
period, e.g.: twelve months].
The Standard Form of Performance Bank Guarantee acceptable to the

Entity shall be a Bank guarantee.
20.7 [A Bank Guarantee shall be unconditional according to Appendix H,
Performance Guarantee Form, An amount of five (5) to ten (10)
percent of the Contract Price is commonly specified for Performance
Bank Guarantee]
The Entity reserves the right to determine on a case-by-case basis

21 b. whether the Consultant should be disqualified from providing
goods, works or non-consulting services due to a conflict of a
155
nature described in Clause GCC 21.1.3
Yes______ No _____
No additional provisions.
[OR:
The following limitation of the Consultant’s Liability towards the

Entity can be subject to the Contract’s negotiations:
“Limitation of the Consultant’s Liability towards the Entity:

(a) Except in the case of gross negligence or willful misconduct on
the part of the Consultant or on the part of any person or
a firm acting on behalf of the Consultant in carrying out
the Services, the Consultant, with respect to damage
caused by the Consultant to the Entity’s property, shall
not be liable to the Entity:
23.1
(i) for any indirect or consequential loss or damage; and
(ii) for any direct loss or damage that exceeds [insert a
multiplier, e.g.: one, two, three] times the total
value of the Contract;
(b) This limitation of liability shall not
(i) affect the Consultant’s liability, if any, for damage to
Third Parties caused by the Consultant or any person or
firm acting on behalf of the Consultant in carrying out the
Services;
(ii) be construed as providing the Consultant with any
limitation or exclusion from liability which is prohibited by
the “Applicable Law”,.
24.1 The insurance coverage against the risks shall be as follows:
[Note: Delete what is not applicable except (a)].
(a) Professional liability insurance, with a minimum coverage of

______________________ [insert amount and currency which should
be not less than the total ceiling amount of the Contract];
(b) Third Party motor vehicle liability insurance in respect of motor

vehicles operated in the Entity’s country by the Consultant or its
Experts or Sub-consultants, with a minimum coverage of [insert
156

(c) Third Party liability insurance, with a minimum coverage of

[insert amount and currency or state “in accordance with the
applicable law in the Entity’s country”];
(d) employer’s liability and workers’ compensation insurance in

respect of the experts and Sub-consultants in accordance with the
relevant provisions of the applicable law in the Entity’s country,
as well as, with respect to such Experts, any such life, health,
accident, travel or other insurance as may be appropriate; and
(e) 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.
[If applicable, insert any exceptions to proprietary rights

28.1
provision____________________________________]
[If there is to be no restriction on the future use of these documents by

either Party, this Clause SCC 28.2 should be deleted. If the Parties
wish to restrict such use, any of the following options, or any other
option agreed to by the Parties, could be used:
[The Consultant shall not use these [insert what applies……

documents and software………..] for purposes unrelated to this
28.2 Contract without the prior written approval of the Entity.]
OR
[The Entity shall not use these [insert what applies…….documents

and software………..] for purposes unrelated to this Contract
without the prior written approval of the Consultant.]
OR
[Neither Party shall use these [insert what applies…….documents

and software………..] for purposes unrelated to this Contract
without the prior written approval of the other Party.]
33.1(g) [List here any other assistance to be provided by the Entity. If there is
157
no such other assistance, delete this Clause SCC 33.1(g).]
The Contract price is: ____________________ [insert amount and

currency for each currency] [indicate: inclusive or exclusive] of local
indirect taxes.
Any indirect local taxes chargeable in respect of this Contract for

the Services provided by the Consultant shall [insert as appropriate:
39.1 “be paid” or “reimbursed”] by the Entity [insert as
appropriate:”for“ or “to”] the Consultant.
The amount of such taxes is ____________________ [insert the

amount as finalized at the Contract’s negotiations on the basis of the
estimates provided by the Consultant in Form FIN-2 of the Consultant’s
Financial Proposal.]
40.1 and 40.2 [The Provider of funds leaves it to the Entity to decide whether the
Consultant (i) should be exempted from indirect local tax, or (ii) should
be reimbursed by the Entity for any such tax they might have to pay (or
that the Entity would pay such tax on behalf of the Consultant]
The Entity warrants that [choose one applicable option consistent

with the ITC 17.3 and the outcome of the Contract’s negotiations (Form
FIN-2, part B “Indirect Local Tax – Estimates”):
If ITC 17.3 indicates a tax exemption status, include the following: “the
Consultant, the Sub-consultants and the Experts shall be exempt
from”
OR
If ITC 17.3 does not indicate the exemption and, depending on whether
the Entity shall pay the withholding tax or the Consultant has to pay,
include the following:
“the Entity shall pay on behalf of the Consultant, the Sub-
consultants and the Experts,” OR “the Entity shall reimburse the
Consultant, the Sub-consultants and the Experts”]
any indirect taxes, duties, fees, levies and other impositions
imposed, under the applicable law in the Entity’s country, on the
Consultant, the Sub-consultants and the Experts in respect of:
(a) any payments whatsoever made to the Consultant, Sub-
consultants and the Experts (other than nationals or
permanent residents of the Entity’s country), in connection
with the carrying out of the Services;
158
(b) any equipment, materials and supplies brought into the

Entity’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 by them;
(c) any equipment imported for the purpose of carrying out the
Services and paid for out of funds provided by the Entity and
which is treated as property of the Entity;
(d) any property brought into the Entity’s country by the
Consultant, any Sub-consultants or the Experts (other than
nationals or permanent residents of the Entity’s country), or
the eligible dependents of such experts for their personal use
and which will subsequently be withdrawn by them upon their
respective departure from the Entity’s country, provided that:
(iii) the Consultant, Sub-consultants and experts shall
follow the usual customs procedures of the Entity’s
country in importing property into the Entity’s country;
and
(iv)if the Consultant, Sub-consultants or Experts do not

withdraw but dispose of any property in the Entity’s
country upon which customs duties and taxes have been
exempted, the Consultant, Sub-consultants or Experts,
as the case may be, (a) shall bear such customs duties
and taxes in conformity with the regulations of the
Entity’s country, or (b) shall reimburse them to the
Entity if they were paid by the Entity at the time the
property in question was brought into the Entity’s
country.
42.2 The payment schedule:
[Payment of installments shall be linked to the deliverables specified in

the Terms of Reference in Appendix A]
1st payment: [insert the amount of the installment, percentage of the

total Contract price, and the currency. If the first payment is an
advance payment, it shall be made against the bank guarantee for the
same amount as per GCC 42.2.1]
2nd payment: ________________
159
……………:__________________
Final payment: ________________
[Total sum of all installments shall not exceed the Contract price set up
in SCC 39.1.]
[The advance payment could be in either the foreign currency, or the

local currency, or both; select the correct wording in the Clause here
below. The advance bank payment guarantee should be in the same
currency(ies)]
The following provisions shall apply to the advance payment and the
advance bank payment guarantee:
(1) An advance payment [of [insert amount] in foreign currency] [and

of [insert amount] in local currency] shall be made within [insert
42.2.1
number] days after the receipt of an advance bank payment
guarantee by the Entity. The advance payment will be set off by
the Entity in equal portions against [list the payments against
which the advance is offset].
(2) The advance bank payment guarantee shall be in the amount and
in the currency of the currency(ies) of the advance payment.
(3) The bank guarantee will be released when the advance payment has
been fully set off.
The accounts are:

42.2.4 for foreign currency: [insert account].
for local currency: [insert account].

43.1 The interest rate is: [insert rate].
47.1 Disputes shall be settled by arbitration in accordance with the

following provisions:
1. Selection of Arbitrators. Each dispute submitted by a Party to

arbitration shall be heard by a sole arbitrator or an arbitration
panel composed of three (3) arbitrators, in accordance with the
following provisions:
(a) Where the Parties agree that the dispute concerns a technical
160
matter, they may agree to appoint a sole arbitrator or, failing

agreement on the identity of such sole arbitrator within thirty
(30) days after receipt by the other Party of the proposal of a
name for such an appointment by the Party who initiated the
proceedings, either Party may apply to [name an
appropriate international professional body, e.g., the
Federation Internationale des Ingenieurs-Conseil (FIDIC)
of Lausanne, Switzerland] for a list of not fewer than five (5)
nominees and, on receipt of such list, the Parties shall
alternately strike names therefrom, and the last remaining
nominee on the list shall be the sole arbitrator for the matter
in dispute. If the last remaining nominee has not been
determined in this manner within sixty (60) days of the date
of the list, [insert the name of the same professional body as
above] shall appoint, upon the request of either Party and
from such list or otherwise, a sole arbitrator for the matter in
dispute.
(b) Where the Parties do not agree that the dispute concerns a
technical matter, the Entity and the Consultant shall each
appoint one (1) 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 thirty (30)
days after the latter of the two (2) arbitrators named by the
Parties has been appointed, the third arbitrator shall, at the
request of either Party, be appointed by [name an
appropriate international appointing authority, e.g., the
Secretary General of the Permanent Court of Arbitration,
The Hague; the Secretary General of the International
Centre for Settlement of Investment Disputes, Washington,
D.C.; the International Chamber of Commerce, Paris; etc.].
(c) If, in a dispute subject to paragraph (b) above, one Party fails
to appoint its arbitrator within thirty (30) days after the other
Party has appointed its arbitrator, the Party which has named
an arbitrator may apply to the [name the same appointing
authority as in said paragraph (b)] to appoint a sole
arbitrator for the matter in dispute, and the arbitrator
appointed pursuant to such application shall be the sole
161
arbitrator for that dispute.
20. Rules of Procedure. Except as otherwise stated herein, 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.
21. Substitute Arbitrators. If for any reason an arbitrator is unable to
perform his/her function, a substitute shall be appointed in the same
manner as the original arbitrator.
162
4. Nationality and Qualifications of Arbitrators. The sole arbitrator

or the third arbitrator appointed pursuant to paragraphs 1(a)
through 1(c) above shall be an internationally recognized legal or
technical expert with extensive experience in relation to the matter
in dispute and shall not be a national of the Consultant’s home
country [Note: If the Consultant consists of more than one entity,
add: or of the home country of any of their members or Parties]
or of the Government’s country. For the purposes of this Clause,
“home country” means any of:
(a) the country of incorporation of the Consultant [Note: If the

Consultant consists of more than one entity, add: or of any
of their members or Parties]; or
(b) the country in which the Consultant’s [or any of their

members’ or Parties’] principal place of business is located;
or
(c) the country of nationality of a majority of the Consultant’s

[or of any members’ or Parties’] shareholders; or
(d) the country of nationality of the Sub-consultants concerned,

where the dispute involves a subcontract.
5. Miscellaneous. In any arbitration proceeding hereunder:
(a) proceedings shall, unless otherwise agreed by the Parties, be

held in [select a country which is neither the Entity’s country
nor the Consultant’s country];
(b) the [type of language] language shall be the official

language for all purposes; and
(c) the decision of the sole arbitrator or of a majority of the

arbitrators (or of the third arbitrator if there is no such
majority) shall be final and binding and shall be enforceable
in any court of competent jurisdiction, and the Parties hereby
waive any objections to or claims of immunity in respect of
such enforcement.
163
III. Appendices
APPENDIX A – TERMS OF REFERENCE
[This Appendix shall include the final Terms of Reference (TORs) worked out by the Entity
and the Consultant during the negotiations; dates for completion of various tasks; location of
performance for different tasks; detailed reporting requirements; Entity’s input, including
counterpart personnel assigned by the Entity to work on the Consultant’s team; specific tasks
that require prior approval by the Entity.
Insert the text based on the Section 7 (Terms of Reference) of the ITC in the RFP and
modified based on the Forms TECH-1 through TECH-5 in the Consultant’s Proposal.
Highlight the changes to Section 7 of the RFP]
If the Services consist of or include the supervision of civil works, the following action that
require prior approval of the Entity shall be added to the “Reporting Requirements” section
of the TORs: Taking any action under a civil works contract designating the Consultant as
“Engineer”, for which action, pursuant to such civil works contract, the written approval of
the Entity as “Employer” is required.]
APPENDIX B – KEY EXPERTS
[Insert a table based on Form TECH-6 of the Consultant’s Technical Proposal and finalized
at the Contract’s negotiations. Attach the CVs (updated and signed by the respective Key
Experts) demonstrating the qualifications of Key Experts.]
[Specify Hours of Work for Key Experts: List here the hours of work for Key Experts; travel
time to/ from the Entity’s country; entitlement, if any, to leave pay; public holidays in the Entity’s
country that may affect Consultant’s work; etc. Make sure there is consistency with Form
TECH-6. In particular: one month equals twenty two (22) working (billable) days. One working
(billable) day shall be not less than eight (8) working (billable) hours. ]
APPENDIX C - REPORTING REQUIREMENTS
Note: List format, frequency, and contents of reports; persons to receive them; dates of
submission; etc. If no reports are to be submitted, state here “Not applicable.”
164
APPENDIX D – BREAKDOWN OF CONTRACT PRICE
[Insert the table with the unit rates to arrive at the breakdown of the lump-sum price. The table
shall be based on [Form FIN-3 and FIN-4] of the Consultant’s Proposal and reflect any changes
agreed at the Contract negotiations, if any. The footnote shall list such changes made to [Form
FIN-3 and FIN-4] at the negotiations or state that none has been made.]
When the Consultant has been selected under Quality-Based Selection method, also add the
following:
“The agreed remuneration rates shall be stated in the attached Model Form I. This form
shall be prepared on the basis of Appendix A to Form FIN-3 of the RFP “Consultants’
Representations regarding Costs and Charges” submitted by the Consultant to the
Entity prior to the Contract’s negotiations.
Should these representations be found by the Entity (either through inspections or

audits pursuant to Clause GCC 25.1 or through other means) to be materially
incomplete or inaccurate, the Entity shall be entitled to introduce appropriate
modifications in the remuneration rates affected by such materially incomplete or
inaccurate representations. Any such modification shall have retroactive effect and, in
case remuneration has already been paid by the Entity before any such modification, (i)
the Entity shall be entitled to offset any excess payment against the next monthly
payment to the Consultants, or (ii) if there are no further payments to be made by the
Entity to the Consultants, the Consultants shall reimburse to the Entity any excess
payment within thirty (30) days of receipt of a written claim of the Entity. Any such
claim by the Entity for reimbursement must be made within twelve (12) calendar
months after receipt by the Entity of a final report and a final statement approved by
the Entity in accordance with Clause GCC 42.2.3.of this Contract.”]
165
Model Form I
Breakdown of Agreed Fixed Rates in Consultant’s Contract
We hereby confirm that we have agreed to pay to the Experts listed, who will be involved in performing the Services, the basic
fees and away from the home office allowances (if applicable) indicated below:
(Expressed in [insert name of currency])*
Experts 1 2 3 4 5 6 7 8
Basic Away from Agreed Fixed Agreed Fixed
Social Rate per Rate per
Remuneration Overhea Subtota Home
Name Position Charge Profit2 Working Working
rate per Working d1 l Office
s1
Month/Day/Year Allowance Month/Day/Ho Month/Day/Ho
ur ur1
Home Office
Work in the Entity’s

Country
* If more than one currency, add a table
Signature Date
Name and Title:
166
APPENDIX E - SERVICES AND FACILITIES PROVIDED BY THE ENTITY
Note: List here the services and facilities to made available to the Consultant by the Entity.
APPENDIX F- FORM OF ADVANCE PAYMENTS GUARANTEE
[See Clause GCC 42.2.1 and SCC 42.2.1]
Bank Guarantee for Advance Payment

ADVANCE PAYMENT GUARANTEE No.: ___________[insert number]______
Furthermore, we understand that, according to the conditions of the Contract, an advance

payment in the sum of ___________ [insert amount in figures] ( ) [amount in
words] is to be made against an advance payment guarantee.
At the request of the Consultant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ [amount in
figures] ( ) [amount in words]1 upon receipt by us of the Beneficiary’s
complying demand supported by the Beneficiary’s a written statement, whether in the
demand itself or in a separate signed document accompanying or identifying the demand,
stating that the Consultant is in breach of their obligation under the Contract because the
Consultant:
(a) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Consultant has failed to repay;
(b) has used the advance payment for purposes other than toward providing the Services
under the Contract.
168
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Consultant on their account
number ___________ at _________________ [name and address of bank].
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Consultant as indicated in certified statements or invoices
marked as “paid” by the Entity which shall be presented to us. This guarantee shall expire, at
the latest, upon our receipt of the payment certificate or paid invoice indicating that the
Consultant has made full repayment of the amount of the advance payment, or on the __ day
of _[month]__________, [year]__,2 whichever is earlier. Consequently, any demand for
payment under this guarantee must be received by us at this office on or before that date.
_____________________
[signature(s)]
2 1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated
either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Entity.
2
Insert the expected expiration date. In the event of an extension of the time for completion of the Contract, the
Entity would need to request an extension of this guarantee from the Guarantor. Such request must be in
writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee,
the Entity might consider adding the following text to the form, at the end of the penultimate paragraph: “The
Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year],
in response to the Entity’s written request for such extension, such request to be presented to the Guarantor
before the expiry of the guarantee.”
169
APPENDIX G- FORM OF PERFORMANCE GUARANTEE
(UNCONDITIONAL)
[See Clause GCC 20.7(c) and SCC 20.7(c)]
Performance Bank Guarantee

PERFORMANCE BANK GUARANTEE No.: ___________[insert number]______
Furthermore, we understand that, according to the conditions of the Contract, a Performance

Guarantee is required.
At the request of the Consultant, WE [Insert the Name of the Bank] , as Guarantor, hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [Insert
the amount in words and figures]4 such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, upon receipt by us of your first demand in
writing accompanied by a written statement stating that the Consultant is in breach of its
obligation(s) under the Contract, without your needing to prove or to show grounds for your
demand or the sum specified therein.
This guarantee shall expire no later than twenty-eight (28) days from the date of issuance of
the Taking-Over Certificate, calculated based on a copy of such Certificate which shall be
170
provided to us, or on the [Insert the day] day of [Insert the month], [Insert the year]5
whichever occurs
first. Consequently, any demand for payment under this guarantee must be received by us at
this office on or before that date.
_____________________
[signature(s)]
The Guarantor (bank) shall insert an amount representing the percentage of the Contract Price specified in the Contract and denominated
either in the currency (ies) of the Contract or a freely convertible currency acceptable to the Employer.
[Insert the date twenty eight (28) days after the expected Completion date. The Entity should note that in the event of an extension of the
time for completion of the Contract, the Entity would need to request an extension of this Guarantee from the Guarantor. Such request must
be in writing and must be made prior to the expiration date established in the Guarantee. In preparing this Guarantee, the Entity might
consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of
this Guarantee for a period not to exceed [Insert “SIX MONTHS” OR “ONE YEAR”], in response to the Entity’s written request for such
extension, such request to be presented to the Guarantor before the expiry of the Guarantee.”.]
171

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Islamic Republic of Afghanistan

[Name of the Entity]

Selection of Consulting Services for: [Name of the Assignment]

Project Name: [Name of the Project]

Section 1: Letter of Invitation (LOI)

Section 2: Instructions to Consultants (ITC) and Data Sheet

“Instructions to Consultants” contains provisions that must be used without any

Section 3: Technical Proposal – Standard Forms

Section 4: Financial Proposal – Standard Forms

Section 5: Terms of Reference (TORs)

PART II – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section 6: Standard Forms of Contract

Part I - SELECTION PROCEDURES AND REQUIREMENTS Page no. here

Section 1. Letter of Invitation

Section 2. Instructions to Consultants and Data Sheet

SELECTION PROCEDURES AND REQUIREMENTS

SECTION 1. LETTER OF INVITATION

[Date: [NPA Ref No:.............................]

4. It is not permissible to transfer this invitation to any other firm.

6. The RFP includes the following documents:

(a) that you received the Letter of Invitation; and

(b) whether you will submit a proposal alone or in association.

SECTION 2. INSTRUCTIONS TO CONSULTANTS

(j) “Government” means the government of Islamic

preparation of the RFP.

termination of its Contract and/or Debarment by the

services related to the assignment in question. To that

5.1. The National Procurement Authority (NPA) requires that

(ii) “Fraudulent practice” means a

(iii) “Collusive practices” means a scheme or

(iv) “Coercive practices” means harming or

(b) A proposal for award will be rejected if it is

engaged in corrupt, fraudulent, collusive or

(c) The provider of funds may cancel the portion

(d) A Consultant will be sanctioned including

(e) In contracts financed by the Islamic Republic

6. Eligibility 6.1. The National Procurement Authority (NPA) requires

6.2. Furthermore, it is the Consultant’s responsibility to

ensure that its Experts, joint venture members, Sub-

6.3. As an exception to the foregoing Clauses 6.1 and 6.2

6.3.1 A firm or an individual Debarred by the NPA in

bound to accept any proposal, and reserves the right to

the total price.

13.8. If the Consultant fails to provide a replacement Key

13.10. In case a short listed Consultant intends to associate with

Consultants who have not been short listed and/or

a Joint Venture or as Sub-consultants, it may do

16.2 Submission of the wrong type of Technical

(a) (i) For the Full Technical Proposal only: a

(ii) For the Simplified Technical Proposal the

(b) (i) For the Full Technical Proposal only:

(ii) For the Simplified Technical Proposal

(c) (i) For the Full Technical Proposal, and

(ii) For the Simplified Technical Proposal

suggestions, if any, on Terms of

(d) The list of the proposed Professional staff

(e) Estimates of the staff input (staff-months of

(f) CVs of the Professional staff signed by the

If there is more than one expert proposed

(g) For the Full Technical Proposal only: a

(a) non-shortlisted consultant(s): Yes __ or No

(b) other shortlisted Consultants: Yes __ or No

Yes or No ___