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REPUBLIC OF RWANDA

EASTHERN PROVINCE
NGOMA DISTRICT
PO.BOX 01 KIBUNGO
E-mail :ngomadistrict@ngoma.gov.rw

STANDARD REQUEST FOR PROPOSALS SELECTION
OF CONSULTANTS FOR CONSULTANCY SERVICES

Title of the Tender :

Tender Reference

CONSULTANCY
SERVICES
FOR
THE
SUPERVISION OF THE EXECUTION WORKS
FOR
THE
CONSTRUCTION
AND
REHABILITATION
OF
KARAMA-KIRWAMUSYA FEEDER ROAD (16Km)
28/S/N/2016-2017/NGOMA

Number:
Procurement Method:

Quality and Cost based Selection Method

Date of Issue:

SEPTEMBER, 2016

September, 2016

2

SELECTION OF CONSULTANTS

Consultancy service Karama-Kirwa-Musya (16km)

September 2016

Ngoma District

3

CONTENTS
Section 1: Letter of Invitation (LOI)

8

Introduction 10
Clarification and Amendment of RFP Documents
Preparation of Proposals
Language

13

14

14

Technical Proposal Format and Content 15
Financial Proposals 16
Taxes 16
Submission, Receipt, and Opening of Proposals 17
Proposal Evaluation 18
Negotiations 20
Award of Contract 21
Confidentiality

21

Instructions to Consultants, Data Sheet

22

Section 3. Technical Proposal - Standard Forms 26
FORM TECH-1 TECHNICAL Proposal Submission Form

27

FORM TECH-2 CONSULTANT’S Organization and Experience

29

B - Consultant’s Experience30
FORM TECH-3 COMMENTS and Suggestions on the Terms of Reference and on
Counterpart Staff and Facilities to be Provided by the Client

31

FORM TECH-4

Description of Approach, Methodology and Work Plan for Performing

the Assignment

33

FORM TECH-5 TEAM Composition and Task Assignments
FORM TECH-6

34

Curriculum Vitae (CV) for Proposed Professional Staff

Consultancy service Karama-Kirwa-Musya (16km)

September 2016

35
Ngoma District

64 4.7 CONSULTANT’S REPRESENTATIONS REGARDING COSTS AND CHARGES 48 Section 5: TERMS OF REFERENCE 49 PROJECT GOAL AND OBJECTIVES 52 II.3 Traffic 58 IV.4.6 PAYMENT MODALITIES 66 PROPOSED BILL OF QUANTITIES (for 2 Months) CONTRACT FOR SERVICE 66 69 ARTICLE 1: SUBJECT OF THE CONTRACT 69 ARTICLE 2: CONTRACTUAL DOCUMENTS 69 ARTICLE 3: DEFINITIONS 70 ARTICLE 4: CONSULTANT’S OBLIGATIONS 71 Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District .4 FORM TECH-7 STAFFING Schedule1 37 FORM TECH-8 WORK Schedule 38 Section 4.Standard Forms 39 FORM FIN-1 FINANCIAL Proposal Submission Form 40 FORM FIN-2 SUMMARY of Costs 41 FORM FIN-3 BREAKDOWN of Costs by Activity1 42 FORM FIN-4 BREAKDOWN of Remuneration1 43 FORM FIN-4 BREAKDOWN of Remuneration1 44 FORM FIN-5 BREAKDOWN of Reimbursable Expenses1 45 FORM FIN-5 BREAKDOWN of Reimbursable Expenses 46 FORM FIN-6 CONSULTANT’S REPRESENTATIONS REGARDING COSTS AND CHARGES 47 FORM FIN. SCOPE OF WORK OF THE CONSULTANT 53 3. Financial Proposal . TIME AND REPORTS.

.......................76 2.8 SUSPENSION 81 Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District ............... General Provisions.7 FORCE MAJEURE 79 2............. Modification and Termination of Contract............................. Commencement...78 2.. GENERAL CONDITIONS OF CONTRACT 76 1.....5 ARTICLE 5: CLIENT’S OBLIGATIONS 71 ARTICLE 6: CONSULTANT’S LIABILITY 71 ARTICLE 7: PROCUREMENT METHOD 71 ARTICLE 8: CONTRACT AMOUNT 71 ARTICLE 9: WITHHOLDING TAX 71 ARTICLE 10: SOURCE OF FUNDS 72 ARTICLE 11: PRICE AND CRITERIA OF JUSTIFICATION 72 ARTICLE 12: DURATION REQUIRED FOR THE WARNING 72 ARTICLE 13: PLANNING AND DURATION OF THE CONTRACT 72 ARTICLE 14: PENALITIES OF DELAY 72 ARTICLE 15: TERMINATION OF THE CONTRACT 72 ARTICLE 16: LEGISLATION IN FORCE 74 ARTICLE 17: LANGUAGE OF THE CONTRACT ARTICLE 18: RETENTION MONEY 74 74 ARTICLE 19: PAYEMENT MODALITIES 74 ARTICLE 20: BANK ACCOUNT OF THE CONSULTANT 74 ARTICLE 21: PROJECT STUDY AND MONITORING MODALITIES ARTICLE 22: MODIFICATION OF THE CONTRACT ARTICLE 23: CONFLICT RESOLUTION ARTICLE 24: INSURANCE 75 75 75 75 ARTICLE 25: ENTRY INTO FORCE 75 II. Completion...................

...................................................................................................... SPECIAL CONDITIONS OF CONTRACT 96 Appendices 113 Appendix A—Description of the Services 113 Appendix B—Reporting Requirements 113 Appendix C—Key Personnel and Subconsultants113 Appendix D—Medical Certificate 114 Appendix E—Hours of Work for Key Personnel 114 Appendix F—Duties of the Procuring Entity 114 Appendix G—Cost Estimates in Foreign Currency 115 Appendix H—Cost Estimates in Local Currency 115 Appendix I—Form of Bank Guarantee for Advance Payments 116 Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District ....................................90 5..................88 5 Obligations of the Procuring Entity............2 CONFLICT OF INTERESTS 85 4 Consultants’ Personnel and Sub-consultants........................94 8 Settlement of Disputes..................92 7 Fairness and Good Faith.....................................................................84 3.................................................................9 3 TERMINATION 82 Obligations of the Consultants...............................................6 2..............1 GENERAL 84 3...................95 III...................................9 CHANGE IN THE APPLICABLE LAW 91 6 Payments to the Consultants..........

7 LETTER OF INVITATION Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District .

A Consultant will be selected under a Quality and Cost Based Selection (QCBS) and procedures described in the RFP. …………………../014 NGOMA DISTRICT P. 5. calendar months including rainy season.rw EASTHERN PROVINCE NATIONAL OPEN COMPETITIVE TENDER Reference No..: 28/S/N/2016-2017/NGOMA TITTLE OF TENDER: CONSULTANCY SERVICES FOR THE SUPERVISION OF THE EXECUTION WORKS FOR THE CONSTRUCTION AND REHABILITATION OF KARAMA-KIRWA-MUSYA FEEDER ROAD (16Km) CLIENT: NGOMA DISTRICT SOURCE OF FUNDS: LODA 1. Ngoma District now invites. 2. by the present invitation to tender. in accordance with the Law on Public Procurement. The Consultancy period is ……………. Interested eligible consulting firms may obtain further information from Ngoma District procurement office during working days from 07:00am to 05:00pm.8 Section 1: Letter of Invitation (LOI) REPUBLIC OF RWANDA Ngoma . 3. Ref No:………/……. sealed proposals from eligible and qualified consulting firms for Consultancy services for The Supervision of the Execution Works for the Construction and Rehabilitation of Karama-Kirwa-Musya Feeder Road (16km) in Ngoma District.O Box 01 KIBUNGO E-mail :ngomadistrict@ngoma.gov. Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District . Ngoma District (hereinafter called ‘’Client”) intends to apply a portion of the funds to eligible payments under the tender for Consultancy services for The Supervision of the Execution Works for the Construction and Rehabilitation of Karama-Kirwa-Musya Feeder Road (16km) in Ngoma District. 4.

.... These two envelopes. KANAYOGE ALEX Executive Secretary Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District . Request for Proposals in English may be obtained by interested bidders at the address below from …. ... Late bids will be rejected.......or at ... on ……......./2016.. shall be placed in an outer envelope bearing the address and information indicated in the Data Sheet. The technical proposal shall be in an envelope clearly marked “Technical Proposal” and the financial proposal in the one marked “Financial Proposal”..... on presentation of the bank statement as a proof of a non refundable fee of Ten Thousand Rwanda Francs ( 10....000 Rwfs)...9 6.... Proposals written in French or English.. 7.... «TO BE OPENED IN PUBLIC SESSION» The proposals opening shall take place in Ngoma District main conference room on the same day (14/10/2016) at 11:00 am in a public session... The proposals should be valid for One Hundred Twenty (120) calendar days minimum from the date of bids opening./….... The envelope shall be clearly marked: « Consultancy services for The Supervision of the Execution Works for the Construction and Rehabilitation of Karama-Kirwa-Musya Feeder Road (16km) in Ngoma District.th September 2016... well sealed and presented in 4 copies (one original and three copies) marked “ORIGINAL” or “COPIES” accordingly must be submitted to the Procurement Unit of Ngoma District not later than 14/10/2016 at 10h30AM. Done at Ngoma . The sum is to be deposited at Ngoma branch of Banque Populaire (BPR) on the account No . in turn........

shall be considered to have a conflict of interest and shall not be recruited. The Client is not bound to accept any proposal. Attending the preproposal conference is optional. Consultants are encouraged to visit the Client before submitting a proposal and to attend a pre-proposal conference if one is specified in the Data Sheet. 1.10 Introduction 1. 1. under any of the circumstances set forth below: Conflicting activities Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District . as specified in the Data Sheet. Consultants should ensure that these officials are advised of the visit in adequate time to allow them to make appropriate arrangements. and make available relevant project data and reports. 1. for consulting services required for the assignment named in the Data Sheet.4 The Client will timely provide at no cost to the Consultants the inputs and facilities specified in the Data Sheet.6 Rwanda Public Procurement policy requires that Consultants provide professional.7 Without limitation on the generality of the foregoing. To obtain first-hand information on the assignment and local conditions.2 The short-listed Consultants are invited to submit a Technical Proposal and a Financial Proposal.3 Consultants should familiarize themselves with local conditions and take them into account in preparing their Proposals. objective. or a Technical Proposal only. Consultants. without thereby incurring any liability to the Consultants.1 The Client named in the Data Sheet will select a consulting Consultant/organization (the Consultant) from those listed in the Letter of Invitation. 1. and impartial advice and at all times hold the Client’s interests paramount. in accordance with the method of selection specified in the Data Sheet. strictly avoid conflicts with other assignments or their own corporate interests. Conflict of Interest 1. The Proposal will be the basis for contract negotiations and ultimately for a signed Contract with the selected Consultant. assist the Consultant in obtaining licenses and permits needed to carry out the services. 1.5 Consultants shall bear all costs associated with the preparation and submission of their proposals and contract negotiation. Consultants should contact the Client’s representative named in the Data Sheet to arrange for their visit or to obtain additional information on the preproposal conference. and reserves the right to annul the selection process at any time prior to Contract award. act without any consideration for future work and in accordance with the law on public procurement. and any of their affiliates.

nor advise purchasers of. 1. or that may reasonably be perceived as having this effect. and any of its affiliates. Conflicting assignments ii) A Consultant (including its Personnel and Sub-Consultants) or any of its affiliates shall not be hired for any assignment that.6. (ii) the selection process for such assignment. a Consultant hired to provide consulting services for the preparation or implementation of a project. services other than consulting services are defined as those leading to a measurable physical output. may be in conflict with another assignment of the Consultant to be executed for the same or for another Client. shall be disqualified from providing consulting services related to those goods. Conversely. by its nature. For example. a Consultant hired to prepare Terms of Reference for an assignment should not be hired for the assignment in question. works or services other than consulting services for a project.11 i) A Consultant that has been engaged by the Client to provide goods. Similarly. 1. works or services.3 No current employees of the Client shall work as Consultants in government ministries. For the purpose of this paragraph. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract. exploratory drilling. departments or agencies. shall not be awarded a Contract. for example surveys. Recruiting former government employees of the Client to work for their former ministries. or (iii) supervision of the Contract. Conflicting relationships iii) A Consultant (including its Personnel and Sub-Consultants) that has a business or family relationship with a member of the Client’s staff who is directly or indirectly involved in any part of (i) the preparation of the Terms of Reference of the assignment. departments or agencies is acceptable provided no conflict of interest exists.2 Consultants have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of their Client. and a Consultant assisting a Client in the privatization of public assets shall not purchase. aerial photography. a Consultant hired to prepare engineering design for an infrastructure project shall not be engaged to prepare an independent environmental assessment for the same project. such assets. and satellite imagery. Unfair Advantage Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District . shall be disqualified from subsequently providing goods or works or services other than consulting services resulting from or directly related to the Consultant’s consulting services for such preparation or implementation. and any of its affiliates.6.

collusive or coercive practices in competing for. for the purpose of this paragraph. or in executing a contract. the Client shall make available to all short-listed Consultants together with this RFP all information that would in that respect give such Consultant any competitive advantage over competing Consultants.12 1. a provision be included requiring Consultants to permit the procuring entity to inspect their accounts and records and other documents relating to the submission of proposals and contract performance. as well as Consultants participating public procurement adhere to the highest ethical standards. (b) require rejection of a proposal for award if it is determined that the Consultant recommended for award has.6. engaged in corrupt. designed to establish prices at artificial. both during the selection process and throughout the execution of a contract. fraudulent. giving. either indefinitely or for a stated period of time. (iv) Coercive practices” means harming or threatening to harm. (iii) “collusive practices” means a scheme or arrangement between two or more consultants with or without the knowledge of the Client. the terms set forth below as follows: (i) “corrupt practice” means offering. the Rwanda public procurement regulations: (a) defines. receiving money or anything of value to make a public official partial in the tender award or contract execution process. Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District .7. 1.8 Consultants. 1. (c) require sanctions to a Consultant. their Sub-Consultants. including declaring the Consultant ineligible. or affect the execution of a contract. directly through an agent. and (d) gives the right to require that. and have them audited by auditors appointed by client. Fraud and Corruption 1. directly or through an agent. directly or indirectly. and their associates shall not be under a declaration of ineligibility for corrupt and fraudulent practices in accordance with the above para. to be awarded any contract if at any time it is determined that the Consultant has. non competitive levels. In pursuance of this policy. (ii) “fraudulent practices” refer to any act of lying. fraudulent. persons or their property to influence their participation in a procurement process. providing misinformation.4 If a short-listed Consultant could derive a competitive advantage from having provided consulting services related to the assignment in question. collusive or coercive practices in competing for the contract in question.7 The Rwanda public procurement regulations require that all procuring entities. including collusive practices among bidders aiming at influencing the procuring entity to making wrong decisions or to giving room for poor execution of the contract. engaged in corrupt.

At any time before the submission of Proposals.1. or by standard electronic means to the Client’s address indicated in the Data Sheet. Single Proposal 1. the Client may amend the RFP by issuing an addendum in writing or by standard electronic means. the Client may request Consultants to extend the validity period of their proposals. The Client will make its best effort to complete negotiations within this period. extend the deadline for the submission of Proposals. Consultants may request a clarification of any of the RFP documents up to the number of days indicated in the Data Sheet before the proposal submission date. 2. this does not limit the participation of the same Sub-Consultant.13 1.2. including individual experts. Consultants could submit new staff in replacement. if any.9 Consultants shall furnish information on commissions and gratuities. to more than one proposal. Any request for clarification must be sent in writing.11 The Data Sheet indicates how long Consultants’ Proposals must remain valid after the submission date. Consultants who do not agree have the right to refuse to extend the validity of their Proposals. If a Consultant submits or participates in more than one proposal. The addendum shall be sent to all Consultants and will be binding on them. Consultants who agree to such extension shall certify that they maintain the availability of the Professional staff nominated in the Proposal. However. paid or to be paid to agents relating to this proposal and during execution of the assignment if the Consultant is awarded the Contract. Should the Client deem it necessary to amend the RFP as a result of a clarification. however. Proposal Validity 1. To give Consultants reasonable time in which to take an amendment into account in their Proposals the Client may. as requested in the Financial Proposal submission form (Section 4). 2. such proposals shall be disqualified. who would be considered in the final evaluation for contract award. Clarification and Amendment of RFP Documents 2. or by standard electronic means and will send written copies of the response (including an explanation of the query but without identifying the source of inquiry) to all Consultants. The Client will respond in writing. if the amendment is substantial. or in their confirmation of extension of validity of the Proposal. During this period. it shall do so following the procedure under para.2.10 Short-listed Consultants may only submit one proposal. Should the need arise. Consultants shall acknowledge receipt of all amendments. Consultants shall maintain the availability of Professional staff nominated in the Proposal. Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District .

1 of the Data Sheet.3. 2. and the Financial Proposal shall not exceed this budget. 1.4 Depending on the nature of the assignment. Consultants are expected to examine in detail the documents comprising the RFP. the Proposal shall be based on the number of Professional staff-months or budget estimated by the Consultants. it may associate with either (a) non-short-listed Consultant(s). (c) Alternative professional staff shall not be proposed. all partners shall be jointly and severally liable and shall indicate who will act as the leader of the joint venture. Language (d) Documents to be issued by the Consultants as part of this assignment must be in the language(s) specified in the Reference Paragraph 3. (b) The estimated number of Professional staff-months or the budget for executing the assignment shall be shown in the Data Sheet.2).1 indicates two languages. Consultants must give particular attention to the following: (a) If a short-listed Consultant considers that it may enhance its expertise for the assignment by associating with other Consultants in a joint venture or sub-consultancy. the available budget is given in the Data Sheet. or a Simplified Technical Proposal (STP). Technical Proposal Format and Content 3. For fixed-budget-based assignments. as well as all related correspondence exchanged by the Consultants and the Client. the language in which the proposal of the successful Consultant will be submitted shall govern for the purpose of interpretation. The Proposal (see para. The Data Sheet indicates the format Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District . 2. In case of a joint venture. It is desirable that the Consultant’s Personnel have a working knowledge of the Client’s national language. Material deficiencies in providing the information requested may result in rejection of a Proposal. but not both. shall be written in the language (s) specified in the Data Sheet. If Reference Paragraph 3. Consultants are required to submit a Full Technical Proposal (FTP).4. the short-listed Consultant shall act as association leader.14 Preparation of Proposals 2. and only one curriculum vitae (CV) may be submitted for each position. In case of association with non-short-listed Consultant(s). or (b) short-listed Consultants if so indicated in the Data Sheet.5. While preparing the Technical Proposal. while the estimated number of Professional staff-months shall not be disclosed. In preparing their Proposal. However.

(ii) For the STP only: the description of the approach. (ii) For the STP the above information is not required and Form TECH-2 of Section 3 shall not be used. local transportation. (b) (i) For the FTP only: comments and suggestions on the Terms of Reference including workable suggestions that could improve the quality/ effectiveness of the assignment.15 of the Technical Proposal to be submitted. and their tasks (Form TECH-5 of Section 3). the outline should indicate the names of Sub-Consultants/ Professional staff who participated. and Consultant’s involvement. A page is considered to be one printed side of A4 or letter size paper. (e) Estimates of the staff input (staff-months of foreign and local professionals) needed to carry out Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District . and comments and suggestions. contract amount. on assignments of a similar nature is required in Form TECH-2 of Section 3. methodology and work plan should normally consist of about 10 pages. and on requirements for counterpart staff and facilities including: administrative support. Assignments completed by individual Professional staff working privately or through other consulting Consultants cannot be claimed as the experience of the Consultant. The Technical Proposal shall provide the information indicated in the following paragraphs from (a) to (g) using the attached Standard Forms (Section 3). the above comments and suggestions. Paragraph (c) (ii) indicates the recommended number of pages for the description of the approach. but can be claimed by the Professional staff themselves in their CVs. or that of the Consultant’s associates. Information should be provided only for those assignments for which the Consultant was legally contracted by the Client as a corporation or as one of the major Consultants within a joint venture. (ii) For the STP Form TECH-3 of Section 3 shall not be used. Guidance on the content of this section of the Technical Proposals is provided under Form TECH-4 of Section 3. methodology and work plan for performing the assignment covering the following subjects: technical approach and methodology. 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. the position that would be assigned to each staff team member. methodology and work plan of the STP. if any. For each assignment. duration of the assignment. work plan. on Terms of Reference and counterpart staff and facilities. should be incorporated into the description of the approach and methodology (refer to following sub-para. to be provided by the Client (Form TECH-3 of Section 3). Submission of the wrong type of Technical Proposal will result in the Proposal being deemed non-responsive. including charts. if any.4 (c) (ii)). equipment. for each partner. data. (c) (i) For the FTP. and STP: a description of the approach. etc. office space. (d) The list of the proposed Professional staff team by area of expertise. in the case of joint venture. Consultants should be prepared to substantiate the claimed experience if so requested by the Client. and organization and staffing schedule. diagrams. (a) (i) For the FTP only: a brief description of the Consultants’ organization and an outline of recent experience of the Consultants and. 3.

and Opening of Proposals 4. All activities and items described in the Technical Proposal must be priced separately. (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 required.2) shall contain no interlineations or overwriting. (g) For the FTP only: a detailed description of the proposed methodology and staffing for training.5 The Technical Proposal shall not include any financial information. Taxes 3. except as necessary to correct errors made by the Consultants themselves. fees. if the Data Sheet specifies training as a specific component of the assignment.6 The Financial Proposal shall be prepared using the attached Standard Forms (Section 4). singly or in combination.8 Consultants may express the price of their services in a maximum of three freely convertible currencies. If appropriate. duties. including (a) remuneration for staff (foreign and local. Receipt. levies) on amounts payable by the Client under the Contract.16 the assignment (Form TECH-7 of Section 3). The Client will state in the Data Sheet if the Consultant is subject to payment of any local taxes. and (b) reimbursable expenses indicated in the Data Sheet. Financial Proposal. social charges or income taxes on non resident Foreign Personnel. paid or to be paid by Consultants and related to the assignment will be listed in the Financial Proposal Form FIN-1 of Section 4.1 The original proposal (Technical Proposal and. 1. The staff-months input should be indicated separately for home office and field activities. activities and items described in the Technical Proposal but not priced.7 The Consultant may be subject to local taxes (such as: value added or sales tax. 3. Submission. 3. Financial Proposals 3. A Technical Proposal containing financial information may be declared non responsive. It shall list all costs associated with the assignment. if appropriate. if any. and for foreign and local Professional staff. The person who signed the proposal must initial such corrections. shall be assumed to be included in the prices of other activities or items. in the field and at the Consultants’ home office). see para. Submission letters for both Technical and Financial Proposals should Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District .9 Commissions and gratuities. these costs should be broken down by activity and. into foreign and local expenditures. The Client may require Consultants to state the portion of their price representing local cost in the national currency if so indicated in the Data Sheet. 3.

17 respectively be in the format of TECH-1 of Section 3. reference number and title of the Loan. and be clearly marked “DO NOT OPEN.2. 4. the Consultants should not contact the Client on any matter related to its Technical and/or Financial Proposal. this will constitute grounds for declaring the Proposal non-responsive.5 The Proposals must be sent to the address/addresses indicated in the Data Sheet and received by the Client no later than the time and the date indicated in the Data Sheet. The Client shall not be responsible for misplacement. EXCEPT IN PUBLIC”.” The envelopes containing the Technical and Financial Proposals shall be placed into an outer envelope and sealed. and with a warning “DO NOT OPEN WITH THE TECHNICAL PROPOSAL . The signed Technical and Financial Proposals shall be marked “ORIGINAL”. 4. 4. 4. Any proposal received by the Client after the deadline for submission shall be returned unopened. This outer envelope shall bear the submission address. Proposal Evaluation 5.3 The Technical Proposal shall be marked “ORIGINAL” or “COPY” as appropriate. losing or premature opening if the outer envelope is not sealed and/or marked as stipulated.4 The original and all copies of the Technical Proposal shall be placed in a sealed envelope clearly marked “TECHNICAL PROPOSAL” Similarly.6 The Client shall open the Technical Proposal immediately after the deadline for their submission.5 and in the number of copies indicated in the Data Sheet. the original Financial Proposal (if required under the selection method indicated in the Data Sheet) shall be placed in a sealed envelope clearly marked “FINANCIAL PROPOSAL” followed by the number and the name of the assignment. The envelopes with the Financial Proposal shall remain sealed and securely stored. 4.2 An authorized representative of the Consultants shall initial all pages of the original Technical and Financial Proposals. ranking of Proposals.1 From the time the Proposals are opened to the time the Contract is awarded. and recommendation for award of Contract may result in the rejection of the Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District . This circumstance may be case for Proposal rejection. the original governs. 4. Any effort by Consultants to influence the Client in the examination. 2. If the Financial Proposal is not submitted in a separate sealed envelope duly marked as indicated above. The Technical Proposals shall be sent to the addresses referred to in para. All required copies of the Technical Proposal are to be made from the original. 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. If there are discrepancies between the original and the copies of the Technical Proposal. and FIN-1 of Section 4. or any extension to this date in accordance with para. evaluation.

facsimile. In addition to the above corrections.4 After the technical evaluation is completed. and shall notify those Consultants whose Proposals did not meet the minimum qualifying mark or were considered non responsive to the RFP and TOR. Public Opening and Evaluation of Financial Proposals (only for QCBS. that their Financial Proposals will be returned unopened after completing the selection process. and the total prices read aloud and recorded.6 The Evaluation Committee will correct any computational errors. applying the evaluation criteria.3 Following the ranking of technical Proposals. The opening date shall not be sooner than seven days after the notification date. 3. time and location for opening the Financial Proposals. 5. FBS. These Financial Proposals shall be then opened. the first ranked Consultant is invited to negotiate its proposal and the Contract in accordance with the instructions given under clause 6 of these Instructions. the Client shall inform the Consultants who have submitted proposals the technical scores obtained by their Technical Proposals.6. The name of the Consultants and the technical scores of the Consultants shall be read aloud. Each responsive Proposal will be given a technical score (St). or between word and figures the formers will prevail. 5. and particularly the Terms of Reference or if it fails to achieve the minimum technical score indicated in the Data Sheet. telex. Financial Proposals for Quality Based Selection (QBS) 5. The Client shall simultaneously notify in writing Consultants that have secured the minimum qualifying mark.18 Consultants’ Proposal. shall be assumed to be included in the prices of other activities or items. as indicated under para. The notification may be done by hand with acknowledgement of receipt or be sent by registered letter. A Proposal shall be rejected at this stage if it does not respond to important aspects of the RFP. the date. Evaluation of Technical Proposals 5. cable. Evaluators of Technical Proposals shall have no access to the Financial Proposals until the technical evaluation is concluded. activities and items described in the Technical Proposal but not priced. when selection is based on quality only (QBS). and point system specified in the Data Sheet. sub-criteria. In case an activity or Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District . When correcting computational errors.5 Financial Proposals shall be opened publicly in the presence of the Consultants’ representatives who choose to attend. and LCS) 5. in case of discrepancy between a partial amount and the total amount. The Financial Proposal of the Consultants who met the minimum qualifying mark will then be inspected to certify that they have remained sealed and unopened.2 The evaluation committee shall evaluate the Technical Proposals on the basis of their responsiveness to the Terms of Reference. Consultants’ attendance at the opening of Financial Proposals is optional.

Technical negotiations 5. the Client will select the Consultant that submitted the highest ranked Technical Proposal within the budget.6 shall be considered. work plan. as a pre-requisite for attendance at the negotiations. the proposed technical approach and methodology. Financial negotiations Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District . source and date indicated in the Data Sheet. Prices shall be converted to a single currency using the selling rates of exchange. The Client shall prepare minutes of negotiations which will be signed by the Client and the Consultant. Failure in satisfying such requirements may result in the Client proceeding to negotiate with the next-ranked Consultant. (i) if the Time-Based form of contract has been included in the RFP. T + P = 1) indicated in the Data Sheet: S = St x T% + Sf x P%. 5. the Client will select the lowest proposal among those that passed the minimum technical score. staffing schedule. logistics. Special attention will be paid to clearly defining the inputs and facilities required from the Client to ensure satisfactory implementation of the assignment. no corrections are applied to the Financial Proposal in this respect. These documents will then be incorporated in the Contract as “Description of Services”. The financial scores (Sf) of the other Financial Proposals will be computed as indicated in the Data Sheet. The Client and the Consultants will finalize the Terms of Reference. P = the weight given to the Financial Proposal. the lowest evaluated Financial Proposal (Fm) will be given the maximum financial score (Sf) of 100 points. and any suggestions made by the Consultant to improve the Terms of Reference. and the selected Consultant is invited for negotiations. and reporting. Proposals will be ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal. the Evaluation Committee shall correct the quantification indicated in the Financial Proposal so as to make it consistent with that indicated in the Technical Proposal.10 Negotiations will include a discussion of the Technical Proposal. The Consultant achieving the highest combined technical and financial score will be invited for negotiations. Proposals that exceed the indicated budget will be rejected.8 In the case of Fixed-Budget Selection. 5.19 line item is quantified in the Financial Proposal differently from the Technical Proposal. (ii) if the Lump-Sum form of contract has been included in the RFP. In both cases the evaluated proposal price according to para.9 Negotiations will be held at the date and address indicated in the Data Sheet. work schedule. In the case of the Least-Cost Selection.7 In case of QCBS. and organization and staffing. apply the relevant unit price included in the Financial Proposal to the corrected quantity and correct the total Proposal cost. certify availability of all Professional staff. Negotiations 5. 5. The invited Consultant will. Representatives conducting negotiations on behalf of the Consultant must have written authority to negotiate and conclude a Contract.

For other methods. and will reflect the agreed technical modifications in the cost of the services. the Client will invite the Consultant whose Proposal received the second highest score to negotiate a Contract. Consultants will provide the Client with the information on remuneration rates described in the Appendix attached to Section 4 Financial Proposal . the Client will require assurances that the Professional staff will be actually available. the Client expects to negotiate a Contract on the basis of the Professional staff named in the Proposal. an evaluation of proposed Professional staff. and the Least-Cost Selection methods. If this is not the case and if it is established that Professional staff were offered in the proposal without confirming their availability.12 Having selected the Consultant on the basis of. Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District . the Consultant may be disqualified. the financial negotiations will involve neither the remuneration rates for staff nor other proposed unit rates. In the cases of QCBS. Conclusion of the negotiations 5.20 5. To complete negotiations the Client and the Consultant will initial the agreed Contract. and the manner in which it will be reflected in the Contract. Any proposed substitute shall have equivalent or better qualifications and experience than the original candidate and be submitted by the Consultant within the period of time specified in the letter of invitation to negotiate. Fixed-Budget Selection. it is the responsibility of the Consultant. Before contract negotiations. The financial negotiations will include a clarification (if any) of the Consultant’s tax liability in the Republic of Rwanda. Availability of Professional staff/experts 5. before starting financial negotiations. to contact the local tax authorities to determine the local tax amount to be paid by the Consultant under the Contract.13 Negotiations will conclude with a review of the draft Contract.Standard Forms of this RFP. unless there are exceptional reasons. If negotiations fail.11 If applicable. among other things. The Client will not consider substitutions during contract negotiations unless both parties agree that undue delay in the selection process makes such substitution unavoidable or for reasons such as death or medical incapacity.

until the publication of the award of Contract. 5.14 After completing negotiations. The undue use by any Consultant of confidential information related to the process may result in the rejection of its Proposal and may be subject to the sanctions under the law on public procurement.15 The Consultant is expected to commence the assignment on the date and at the location specified in the Data Sheet. Data Sheet Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District . and promptly notify all Consultants who have submitted proposals. the Client shall return the unopened Financial Proposals to the unsuccessful Consultants. After Contract signature.16 Information relating to evaluation of Proposals and recommendations concerning awards shall not be disclosed to the Consultants who submitted the Proposals or to other persons not officially concerned with the process.21 Award of Contract 5. the Client shall award the Contract to the best selected Consultant. Confidentiality 5. Instructions to Consultants.

Objectives and brief description of the assignment: The objective of the mission is “carrying out Consultancy services for The Supervision of the Execution Works for the Construction and Rehabilitation of Karama-Kirwa-Musya Feeder Road (16km) in Ngoma District.3 (a) Proposals shall be submitted in FRENCH OR ENGLISH Short-listed Consultants may associate with other short-listed Consultants: N/A Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District .2 Financial Proposal to be submitted together with Technical Proposal but in separate envelope: YES Name of the assignment is: Consultancy services for The Supervision of the Execution Works for the Construction and Rehabilitation of Karama-Kirwa-Musya Feeder Road (16km) in Ngoma District.3 A pre-proposal conference will be held: NO The Client’s representative is: N/A Is there any pre-bid conference: No 1.rw Attn: KANAYOGE Alex. Executive Secretary 3.22 Paragraph Reference 1.11 Proposals must remain valid 120 calendar days after the submission date. 2.6.O Box 01 KIBUNGO E-mail :ngomadistrict@ngoma.gov. The address for requesting clarifications is: Ngoma DISTRICT P.4 The Client will provide the following inputs and facilities: see Term of Reference 1. 1.1 3.1 The Client envisages the need for continuity for downstream work: NO 1.1 Name of the Client: NGOMA DISTRICT Method of selection: Quality and Cost Based Selection (QCBS) 1.1 Clarifications may be requested not later than 14 days before the submission date.

O Box 01 KIBUNGO E-mail :ngomadistrict@ngoma.5 The Proposal submission address is : NGOMA DISTRICT P. as applicable.4 (g) Training is a specific component of this assignment: NO 3. including transportation of the Personnel by the most appropriate means of transport and the most direct practicable route. (3) cost of office accommodation.23 3.3 (b) The estimated number of key personnel is : see Term of Reference The available budget is: N/A 3. all investigations and all surveys. (2) cost of necessary travel. 3.8 Consultant to state local cost in the national currency: YES 4. rental and freight of any instruments or equipment required to be provided by the Consultants for the purposes of the Services.6 Reimbursable expenses to be included in the Financial Proposal are: (1) a per diem allowance in respect of Personnel of the Consultant for every day in which the Personnel shall be absent from the home office and.4 The format of the Technical Proposal to be submitted is: Standard Technical Proposal (STP) 3.gov. 4.rw EASTHERN PROVINCE Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District . (6) cost of printing and dispatching of the reports to be produced for the Services. (7) other allowances where applicable and provisional or fixed sums (if any). and (8) cost of such further items required for purposes of the Services not covered in the foregoing.7 Amounts payable by the Client to the Consultant under the contract to be subject to local taxation: YES 3. outside the Republic of Rwanda for purposes of the Services. (4) cost of applicable international or local communications such as the use of telephone and facsimile required for the purpose of the Services.3 Consultant must submit the original and three (3) copies of both the Technical Proposal and Financial Proposal. (5) cost.

5.5 Points for each certificate). Topographer: A holder of at least A2 in Construction and/or Public works or Surveying Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District . Geotechnical Engineer: A holder of at least A0 degree in Geotechnical Engineering with greater than or equal to 3 Years of experience in the field of study or supervision of road construction projects with 2 successful completion certificates for roads greater than 10Km as geotechnical engineer: 20 Points (with 5 Points per each year and 2. sub-criteria. With Greater or equal to 10 Years of experience in the field of study or supervision of roads construction project with 5 certificates of successful completion for important references with at least 3 of them for roads greater than 10Km: 25 Points (with 2marks per each year and 1 Mark for each certificate). /25 Points III. 1. II. 2 Specific experience of the Consultants relevant to the assignment (Detailed Study or Supervision of at least Two (2) projects of road construction of at least 15 Km each justified by notified or original completion certificate accompanied by a notified contract) /10 Points (with 5marks per one reference). Key professional staff qualifications and competence for the assignment 55 Points / Head of Mission: A holder of A0 degree in Civil Engineering and should be registered in the Institute of Engineers Rwanda (IER) with valid certificate for the year 2016. Adequacy of the proposed methodology and work plan in responding to the Terms of Reference. Experience of the consultant: I. District Executive Secretary Proposals must be submitted no later than the following date and time: 14/10/2016 at 10:30am NOTE: The opening of proposals will be done on the same day (14/10/2016) at 11:00am in District’s conference room.5marks per each year) I. and point system for the evaluation of Full Technical Proposals are: I.24 Attn: KANAYOGE ALEX.2 The number of points to be given under the evaluation criteria. General Experience of the consultant with 4 years of experience in the consultancy services: 10 Points (with 2.

6 The single currency for price conversions is: Rwanda Francs The source of official selling rates is: National Bank of Rwanda The date of exchange rates is: Date of submission of the Technical Proposal 5.25 with greater than or equal to 10 Years of experience in the field of study or supervision of road construction projects with 4 successful completion certificates for roads construction project as topographer: 5 Points (with 0. the signed certificates of availability and the notified copy of their identity card or passports. .5 Points per each year). Fm is the lowest price and F the price of the proposal under consideration. -The consultant should also attach the affiliated number of RSSB of at least one key personnel permanent in the company attach a valid notified copy of their affiliated number of RSSB.8.2 Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District .The Civil Engineers must be registered in the Institute of Engineers Rwanda (IER). TOTAL 100 The minimum score to pass technical evaluation is 70/100 N. .7 The formula for determining the financial scores is the following: Sf = 100 x Fm / F.The missing of each of the documents mentioned above will be automatically penalised by deducting 4 points 5. in which Sf is the financial score.5 Points per each year).B: -The bidder must attach the notified copies of degrees for requested staff. P= 0. the updated curriculum vitae. Lab Technician: A holder of at least A2 in Construction and/or Public works with greater than or equal to 10 Years of experience in the field of study or supervision of road construction projects with 4 successful completion certificates for important roads construction project as a lab technician: 5 Points (with 0. (Present the notified copies of membership of Rwanda Institute of Engineers which is valid for 2016).For Degree from outside of the country (Rwanda) attach the equivalent degrees given by High Education Council (HEC). . The weights given to the technical and Financial Proposals are: T= 0.

3 Administrative documents to be completed and submitted by the bidder: -Letter of submissions (Technical and Financial) conforming to the model in Annex -Notified copy of Business Registration Certificate (RDB) -Notified or original copy of tax clearance certificate from RRA.O Box 01 KIBUNGO E-mail :ngomadistrict@ngoma. Technical Proposal .26 6. owned by the company. still valid -Notified or original copy of the certificate of non-debt to the RSSB. they should not appear on the Technical Proposals to be submitted.] Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District .O.1 Address for contract negotiations: NGOMA DISTRICT P. Box issued by the National Post Office.Standard Forms [Comments in brackets [ ] provide guidance to the short-listed Consultants for the preparation of their Technical Proposals.gov.2 Expected date for commencement of consulting services: November 2016 7. -The justification of having a physical address (office) Section 3. still valid -Certificate of VAT registration -Valid Certificate on non-bankruptcy -Tender guarantee of three hundred thousand (300 000Frw) Rwandan francs issued by a bank or insurance company approved in Rwanda -The original of the receipt of purchase of the tender document -The original of the site visit certificate -The certificate of having the P.rw EASTHERN PROVINCE 7.

27

Refer to Reference Paragraph 3.4 of the Data Sheet for format of Technical Proposal to be
submitted, and paragraph 3.4 of Section 2 of the RFP for Standard Forms required and number of
pages recommended.
TECH-1

Technical Proposal Submission Form

TECH-2

Consultant’s Organization and Experience
A Consultant’s Organization
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 Client
A On the Terms of Reference
B On the Counterpart Staff and Facilities

TECH-4

Description of the Approach, Methodology and Work Plan for Performing the
Assignment

TECH-5

Team Composition and Task Assignments

TECH-6

Curriculum Vitae (CV) for Proposed Professional Staff

TECH-7

Staffing Schedule

TECH-8

Work Schedule

FORM TECH-1 TECHNICAL Proposal Submission Form

[Location, Date]
To:

[Name and address of Client]

Consultancy service Karama-Kirwa-Musya (16km)

September 2016

Ngoma District

28

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 Proposal.
We are hereby submitting our Proposal, which includes this Technical Proposal, and a Financial
Proposal sealed under a separate envelope1.
We are submitting our Proposal in association with: [Insert a list with full name and
address of each associated Consultant]2
We hereby declare that all the information and statements made in this Proposal are true
and accept that any misinterpretation contained in it may lead to our disqualification.
If negotiations are held during the period of validity of the Proposal, i.e., before the date
indicated in Paragraph Reference 1.11 of the Data Sheet, we undertake to negotiate on the basis
of the proposed staff. Our Proposal is binding upon us and subject to the modifications resulting
from Contract negotiations.
We undertake, if our Proposal is accepted, to initiate the consulting services related to the
assignment not later than the date indicated in Paragraph Reference 7.2 of the Data Sheet.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
Address:
1 [In case Paragraph Reference 1.2 of the Data Sheet requires to submit a Technical Proposal only, replace this
sentence with: “We are hereby submitting our Proposal, which includes this Technical Proposal only.”]
2 [Delete in case no association is foreseen.]

Consultancy service Karama-Kirwa-Musya (16km)

September 2016

Ngoma District

29

FORM TECH-2 CONSULTANT’S Organization and Experience

A - Consultant’s Organization
[Provide here a brief (two pages) description of the background and organization of your
Consultant/entity and each associate for this assignment.]

Consultancy service Karama-Kirwa-Musya (16km)

September 2016

Ngoma District

value of the services provided by your Consultant under the contract (in currency: US$. Euro. value of the contract (in currency: Rwanda francs or freely convertible currency] Country: Location within country: Duration of assignment (months): Name of Client: Total No of staff-months of the assignment: Address: Approx.30 B . if any: Name of senior professional staff of your Consultant involved and functions performed (indicate most significant profiles such as Project Director/Coordinator. Team Leader): Narrative description of Project: Description of actual services provided by your staff within the assignment: Consultant’s Name: and Signature Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District .Consultant’s Experience [Using the format below. etc…): Start date (month/year): Completion date (month/year): No of professional staff-months provided by associated Consultants: Name of associated Consultants. was legally contracted either individually as a corporate entity or as one of the major companies within an association. provide information on each assignment for which your Consultant. for carrying out consulting services similar to the ones requested under this assignment. and each associate for this assignment. RWF.] Assignment name: Approx.

Such suggestions should be concise and to the point. or proposing a different phasing of the activities). or adding another.31 FORM TECH-3 COMMENTS and Suggestions on the Terms of Reference and on Counterpart Staff and Facilities to be Provided by the Client A .] Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District .On the Terms of Reference [Present and justify here any modifications or improvement to the Terms of Reference you are proposing to improve performance in carrying out the assignment (such as deleting some activity you consider unnecessary. and incorporated in your Proposal.

32 B . office space. etc.] Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District .4 of the Data Sheet including: administrative support. equipment.On Counterpart Staff and Facilities [Comment here on counterpart staff and facilities to be provided by the Client according to Paragraph Reference 1. data. local transportation.

33 FORM TECH-4 Description of Approach. Methodology and Work Plan for Performing the Assignment Consultancy service Karama-Kirwa-Musya (16km) September 2016 Ngoma District .

Section 3 – Technical Proposal – Standard Forms 34 FORM TECH-5 TEAM Composition and Task Assignments Professional Staff Name of Staff Consultant Area of Expertise Position Assigned Task Assigned .

Other Training [Indicate significant training since degrees under 5 . degrees obtained. Date of Birth: Nationality: 5. or poor in speaking. . Name of Consultant [Insert name of Consultant proposing the staff]: 3. Employment Record [Starting with present position. reading. Proposed Position [only one candidate shall be nominated for each position]: 2. and dates of obtainment]: 6. fair. Languages [For each language indicate proficiency: good. giving names of institutions. Education [Indicate college/university and other specialized education of staff member. list in reverse order every employment held by staff member since graduation. and writing]: 10.Section 3 – Technical Proposal – Standard Forms 35 FORM TECH-6 Curriculum Vitae (CV) for Proposed Professional Staff 1.]: From [Year]: To [Year]: Employer: Positions held: Note: On each CV of the Personnel. positions held. the consultant should attach the photocopy of the Personnel’s Identity card or Passport to prove the availability of the personnel for the consultancy services. Membership of Professional Associations: 7. name of employing organization. giving for each employment (see format here below): dates of employment. Name of Staff [Insert full name]: 4.Education were obtained]: 8. Countries of Work Experience: [List countries where staff has worked in the last ten years]: 9.

the undersigned. and my experience. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned [Among the assignments in which the staff has been involved. indicate the following information for those assignments that best illustrate staff capability to handle the tasks listed under point 11. this CV correctly describes myself. my qualifications. I understand that any wilful misstatement described herein may lead to my disqualification or dismissal. certify that to the best of my knowledge and belief. Certification: I.Section 3 – Technical Proposal – Standard Forms 11.] Name of assignment or project: Year: Location: Client: Main project features: Positions held: Activities performed: 13. if engaged. Detailed Tasks Assigned [List all tasks to be performed under this assignment] 36 12. Date: [Name and Signature of staff member or authorized representative of the staff] Day/Month/Year .

37 FORM TECH-7 STAFFING Schedule1 N° Name of Staff 1 2 3 4 Staff input (in the form of a bar chart)2 5 6 7 8 9 Total staff-month input 10 11 12 n Home Field3 Total Foreign [Home] 1 [Field] 2 3 n Subtotal Local [Home] 1 [Field] 2 n Subtotal Total 1 2 3 For Professional Staff the input should be indicated individually. Field work means work carried out at a place other than the Consultant's home office. Months are counted from the start of the assignment.). etc. for Support Staff it should be indicated by category (e. clerical staff. Full time input Part time input .: draftsmen.g. For each staff indicate separately staff input for home and field work.

2 Duration of activities shall be indicated in the form of a bar chart.38 FORM TECH-8 WORK Schedule N° Activity1 Months2 1 2 3 4 5 6 7 8 9 10 11 12 n 1 2 3 4 5 n 1 Indicate all main activities of the assignment. and final reports).: inception.g. and benchmarks separately for each phase. and other benchmarks such as Client approvals. including delivery of reports (e. interim. For phased assignments indicate activities. . delivery of reports.

they should not appear on the Financial Proposals to be submitted. according to the indications provided under para. or SingleSource Selection method is adopted.] Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal according to the instructions provided under para.6 of Section 2.3 of Section 2. 6.Standard Forms [Comments in brackets [ ] provide guidance to the shortlisted Consultants for the preparation of their Financial Proposals.] FIN-1 Financial Proposal Submission Form FIN-2 Summary of Costs FIN-3 Breakdown of Costs by Activity FIN-4 Breakdown of Remuneration FIN-5 Reimbursable expenses Appendix: Financial Negotiations .Breakdown of Remuneration Rates” is to be only used for financial negotiations when Quality-Based Selection. 3. Selection Based on Qualifications. [The Appendix “Financial Negotiations . Such Forms are to be used whichever is the selection method indicated in para. 4 of the Letter of Invitation.37 Section 4.Breakdown of Remuneration Rates . Financial Proposal .

Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Consultant: Address: 1 2 Amounts must coincide with the ones indicated under Total Cost of Financial proposal in Form FIN-2. replace this paragraph with: “No commissions or gratuities have been or are to paid by us to agents relating to this Proposal and Contract execution. which shall be identified during negotiations and shall be added to the above amount. the undersigned. i. Our attached Financial Proposal is for the sum of [Insert amount(s) in words and figures1]. if we are awarded the Contract. Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations. Commissions and gratuities paid or to be paid by us to agents relating to this Proposal and Contract execution.40 FORM FIN-1 FINANCIAL Proposal Submission Form [Location. Date] To: [Name and address of Client] Dear Sirs: We. are listed below2: We understand you are not bound to accept any Proposal you receive.e. 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. Yours sincerely. This amount is exclusive of the local taxes.11 of the Data Sheet. up to expiration of the validity period of the Proposal. If applicable.” 40 . We remain. before the date indicated in Paragraph Reference 1.

and delete the others. net of local taxes. to be paid by the Client in each currency. use as many columns as needed. Such total costs must coincide with the sum of the relevant Subtotals indicated in all Forms FIN-3 provided with the Proposal. Indicate the total costs. . Maximum of three currencies.41 FORM FIN-2 SUMMARY of Costs Costs Item [Indicate Foreign Currency # 1]1 [Indicate Foreign Currency # 2]1 [Indicate Foreign Currency # 3]1 [Indicate Local Currency] Total Costs of Financial Proposal 2 1 2 Indicate between brackets the name of the foreign currency.

In case some of the activities require different modes of billing and payment (e. the sum of the relevant Subtotals of all Forms FIN-3 provided must coincide with the Total Costs of Financial Proposal indicated in Form FIN-2. the Consultant shall fill a separate Form FIN-3 for each group of activities.42 FORM FIN-3 BREAKDOWN of Costs by Activity1 Group of Activities (Phase):2 Description:3 Costs Cost component [Indicate Foreign Currency # 1]4 [Indicate Foreign Currency # 2]4 [Indicate Foreign Currency # 3]4 [Indicate Local Currency] Remuneration5 Reimbursable Expenses 5 Subtotals 1 2 3 4 5 Form FIN-3 shall be filled at least for the whole assignment. Short description of the activities whose cost breakdown is provided in this Form. or correspond to the ones indicated in the second column of Form TECH-8. Use the same columns and currencies of Form FIN-2. and FIN-5. Indicate between brackets the name of the foreign currency.: the assignment is phased. For each currency. For each currency. . and each phase has a different payment schedule). Names of activities (phase) should be the same as. Remuneration and Reimbursable Expenses must respectively coincide with relevant Total Costs indicated in Forms FIN-4.g.

separately for home and field work. Use the same columns and currencies of Form FIN-2. the total expected input of staff for carrying out the group of acuities as indicated in the form of activities. Professional Staff should be indicated individually. Indicate between brackets the name of the foreign currency.: draftsmen.43 FORM FIN-4 BREAKDOWN of Remuneration1 (This Form FIN-4 shall only be used when the Time-Based Form of Contract has been included in the RFP) Group of Activities (Phase): Name 2 Position 3 Staff-month Rate4 Input5 (Staff-months) [Indicate Foreign Currency # 1]6 [Indicate Foreign Currency # 2]6 [Indicate Foreign Currency # 3]6 [Indicate Local Currency]6 Foreign Staff [Home] [Field] Local Staff [Home] [Field] Total Costs 1 2 3 4 5 6 Form FIN-4 shall be filled for each of the Forms FIN-3 provided. Indicate separately staff-month rate and currency for home and field work. Remuneration = Staff-month Rate x Input. Positions of Professional Staff shall coincide with the ones indicated in Form TECH-5. For each staff indicate the remuneration in the column of the relevant currency. separately for home and field work. Indicate. . clerical staff).g. Support Staff should be indicated per category (e.

Indicate separately staff-month rate and currency for home and field work. clerical staff).: draftsmen. Positions of the Professional Staff shall coincide with the ones indicated in Form TECH-5. . Professional Staff should be indicated individually. Information to be provided in this Form shall only be used to establish payments to the Consultant for possible additional services requested by the Client) Name2 Position3 Staff-month Rate4 Foreign Staff [Home] [Field] Local Staff [Home] [Field] 1 2 3 4 Form FIN-4 shall be filled in for the same Professional and Support Staff listed in Form TECH-7.44 FORM FIN-4 BREAKDOWN of Remuneration1 (This Form FIN-4 shall only be used when the Lump-Sum Form of Contract has been included in the RFP.g. Support Staff should be indicated per category (e.

6 Only if the training is a major component of the assignment. if needed. reproduction of reports Equipment. Shipment of personal effects Unit Cost3 Quantity [Indicate Foreign Currency # 1]4 [Indicate Foreign Currency # 2]4 [Indicate Foreign Currency # 3]4 [Indicate Local Currency]4 Trip Trip Use of computers. instruments. Delete items that are not applicable or add other items according to Paragraph Reference 3. Cost = Unit Cost x Quantity. Subcontracts Local transportation costs Office rent. software Laboratory tests.6 of the Data Sheet. clerical assistance Training of the Client’s personnel 6 Total Costs 1 2 3 4 Form FIN-5 should be filled for each of the Forms FIN-3 provided.or two-ways. materials. etc. Indicate between brackets the name of the foreign currency. defined as such in the TOR. 5 Indicate route of each flight. Use the same columns and currencies of Form FIN-2. Indicate unit cost and currency. supplies. . and if the trip is one. Indicate the cost of each reimbursable item in the column of the relevant currency.45 FORM FIN-5 BREAKDOWN of Reimbursable Expenses1 (This Form FIN-5 shall only be used when the Time-Based Form of Contract has been included in the RFP) Group of Activities (Phase): N° Description2 Unit Per diem allowances Day 5 Trip International flights Miscellaneous travel expenses Communication costs between [Insert place] and [Insert place] Drafting.

3 Indicate route of each flight. . clerical assistance Training of the Client’s personnel 4 1 Delete items that are not applicable or add other items according to Paragraph Reference 3. etc. software Laboratory tests. defined as such in the TOR.46 FORM FIN-5 BREAKDOWN of Reimbursable Expenses (This Form FIN-5 shall only be used when the Lump-Sum Form of Contract has been included in the RFP.or two-ways. Information to be provided in this Form shall only be used to establish payments to the Consultant for possible additional services requested by the Client) N° Description1 Unit Per diem allowances Day International flights3 Trip Miscellaneous travel expenses Trip Unit Cost2 Communication costs between [Insert place] and [Insert place] Drafting. Shipment of personal effects Trip Use of computers. 4 Only if the training is a major component of the assignment. reproduction of reports Equipment. instruments.6 of the Data Sheet. and if the trip is one. supplies. 2 Indicate unit cost and currency. Subcontracts Local transportation costs Office rent. materials.

(c) the away from headquarters allowances indicated below are those that the Consultants have agreed to pay for this assignment to the staff members listed. (b) attached are true copies of the latest salary slips of the staff members listed. [Name of Consulting Consultant] Signature of Authorized Representative Name: Title: Date . (d) the factors listed in the attached table for social charges and overhead are based on the Consultant’s average cost experiences for the latest three years as represented by the Consultant’s financial statements. and (e) said factors for overhead and social charges do not include any bonuses or other means of profit-sharing.47 FORM FIN-6 CONSULTANT’S REPRESENTATIONS REGARDING COSTS AND CHARGES Consulting Consultant: Assignment: Country: Date: We hereby confirm that: (a) the basic salaries indicated in the attached table are taken from the Consultant’s payroll records and reflect the current salaries of the staff members listed which have not been raised other than within the normal annual salary increase policy as applied to all the Consultant’s staff.

48 FORM FIN. 2.7 CONSULTANT’S REPRESENTATIONS REGARDING COSTS AND CHARGES (Expressed in [insert name of currency] ) Personnel Name Position 1 2 Basic Salary per Working Month/Day/Year Social Charges1 Home Office Field 1. Expressed as percentage of 1 Expressed as percentage of 4 3 4 Overhead1 Subtotal 5 6 7 8 Fee2 Away from Headquarters Allowance Proposed Fixed Rate per Working Month/Day/Hour Proposed Fixed Rate per Workin Month/Day/Hou .

Bills of quantities and hydrological studies for the bridges appearing in the scope of this study. shoulders and pedestrian facilities should be considered as well as where practically applicable.49 Section 5: TERMS OF REFERENCE Consultancy Services consist of or carrying out a Detailed Study of rehabilitation works of KAZO-MUTENDERI feeder road (17km) using Himo approach in Ngoma District. The use of cheap and modern technologies of soil anchoring should be applied. geotechnical investigations. detailed drawings. .  Due to high rainfall condition in that region the material characterization for the road to be maintained should be stabilized. STUDY CONTEXT The study consists of the technical study of Detailed Study of rehabilitation works of Kazo-Mutenderi feeder road (17km) using Himo approach in Ngoma District. DESCRIPTION OF THE CURRENT SITUATION PROJECT GOAL AND OBJECTIVES The main components of the project for the detailed technical design phase are as follows:  Conduct a detailed study and submit to the project administration the comprehensive reports related to the design prepared for the road’s structures to ensure long-term durability of the road by improving the performance of the existing construction structures. 1.  All other works deemed necessary by the consultant  Conduct a detailed study. structural detailing.  Conduct geotechnical investigation on the previous approved borrow pits  Conduct hydrological study for the appropriate drainage system  The Minimum carriageway shall be 6m wide. These works include the study of Environmental and Social Impact Assessment and preparation of tender documents for the execution of rehabilitation works of the above mentioned project.  Design of retaining structures for the soil protection upstream and downstream.

This phase of data collection will focus on: * Consultation of the literature. 1. geotechnical and traffic.Preparation of tender documents in English and French. evaluation and classification of damage. * Visual inspection.5 . design and quantify the nature of the interventions to be applied depending on the damage reported. The other characteristics like maxima for slopes will be proposed by the consultant and approved by the Client.3 %  Horizontal curve radius minimum (absolute): 150m (120m)  Vertical transitional curve radius minimum:  Convex: 3000m  Concave: 2000m . .50  Lastly but not the least participate in the selection of the reliable contractor to execute the works.Assessment of the nature and intensity of traffic.The study of environmental and social impact. . SCOPE OF WORK OF THE CONSULTANT 1. i) Where possible the Road geometrical characteristics are  Width of platform: 9m  Width of right of the way: 6 m + (1. It will lead to the drafting of tender documents for the execution of works based on the findings of the detailed engineering study and the recommendations of the Environmental Impact and Social Assessment (ESIA). II. .Detailed Engineering Study for the the rehabilitation.2 RESULTS EXPECTED The aim of this study is to achieve: .5x 2 = 3m  Slope in vertical alignment (max): 8%  Slope in cross-section: 2.5)x2  Shoulders: 1. .Development of Environmental and Social Management Plan (ESMP). The study aims to identify. periodic maintenance and upgrading and for slope protection. Bidders are advised to check with the Ngoma District on available data that may be useful to carry out the study.3 Detailed technical studies * Data Collection.

periodic maintenance and upgrading of the pavement and drainage facilities. will only be needed when stabilization is applied. with the determination of the geotechnical characteristics of the platform and the layers.CBR . resurfacing or maintenance). by identification tests (with density in situ . quantities.soil grading -Atterberg limits Proctor Modified . the consultant will make the topographic surveys in order to have the coordinates (XYZ) and define the quantities of work involved. This phase of data collection should allow updating the linear scheme which will be presented at an appropriate scale to capture all the elements of each section of road uniform. haulage distance as well as accessibility. sections. Thickness of pavement depends on traffic and the projection using growth rate is very important to know to determine the thickness of the layer to be laid as wearing course.Types of coatings and surfacing. Wooden benchmarks will be placed every 25 m and at each intersection of the axes (with benchmarks out of right of way).PK and sleepers places . From the above.Width of the roadway .Nature of drainage system . emphasis should be put on existing and standing structures and/or trees because wooded pieces placed during benchmarking are removed by farmers or local people.51 ii) Traffic The study should lead to classes of traffic to define the design parameters after collecting data from traffic counts. otherwise we need to request Consultant locate selected natural gravel material (SNG) common known as murrum quarries as you mentioned. For benchmarks of right of way.Width of shoulders left and right . the sections will be consistent in order of priority for periodic maintenance and upgrading (building structure. namely: . iii) Test program to achieve for each uniform area Soil investigation will be made every 500m to a depth of 50 cm minimum.water content . The consultant should provide (Schema itinélaire) of the road showing number. . iv) Topographic Given that the existing alignment must be maintained.test determining the modulus of elasticity. Types of coatings and surfacing.

vi) Road safety The consultant will conduct an analysis of the signals and road safety issues. This is paid in reimbursed expenses within the Consultant financial bid.construction work. Exploitable quantities of materials to be accurately assessed. * SPT test. . * Tests alterability chemical.based testing and in Laboratory are: * Tests (grain size.Stratigraphy. The Consultant should take into consideration any additional test which will be necessary for quality assurance of the design especially for bridges which will be redesigned.Geological section of quarry. This will also be determined by hydrology as well as hydraulic studies. the horizontal and vertical alignment with super-elevations. and any other important requested geotechnical test. Los Angeles and adhesion on materials from the quarry. For other parts of the road. -Loss or proliferation. the cross sections. CBR test and determining the modulus of elasticity) of materials from the quarries. v) Geotechnical studies The consulting firm must locate the quarries with the characteristics and volumes of exploitable quantities and transport distances of materials. horizontal and vertical monitoring sufficient to be followed during works implementation and evaluation of work completed will be performed within the pre. Proctor Modified. following studies will be performed for the located quarries: . This will determine the vertical and horizontal signaling necessary information and equipment to . wet Micro-Deval. .52 location of drainage structure.Thickness of layers to be used. The Consultant will conduct studies required for the planning and preparation of construction drawings for any part of the road. and remediation of the nozzles. location of the drainage structures. in order to assess more accurately the amount of usable materials. Atterberg limits. He will prepare the construction drawings of the axis. The location of quarries as well as geotechnical tests on materials related thereto will be part of an onsite geotechnical wellstructured file.

the topographical. ease of replacement. To this end. The consultant will also examine with special materials best suited to the earthworks and pavement layers. The Atterberg limits are represented in the Casagrande plasticity diagram. He will identify and appraise carefully the quantity from borrow pit /quarry at an economic distance the project road. the local ownership of maintenance. he will provide a planning for an efficient site equipment use to be in time with the project zone hydrological condition. The test results of the soil must be represented in the form of diagram.53 provide security along the road. he will propose a planning for construction works to meet the project zone actual weather conditions. It is clear that a summary of geotechnical data obtained either on the existing roadway or on quarry materials must be recorded. It will pay particular attention to the choice of types of guardrails and panels at: sustainability. He will determine an accurate time period for the execution of the proposed construction works for the Detailed Study of rehabilitation works of Kazo-Mutenderi feeder road (17 km) using Himo approach in Ngoma District . work to be undertaken should be clearly defined and localized precisely on the route diagram. he will conduct a hydrological study for the project zone (survey and analysis of the rainfall data) for an estimation and assessment of the dry and practicable periods proper to the execution of the works. risk of theft or vandalism. determine the final specifications to be conferred on the identified road sections. He should also consider all the works and drainage structures to be a repaired or replaced. evaluate and assess the necessary types and the corresponding quantities/number of construction equipments. To achieve this. viii) Timing for the works implementation The consultant shall produce a planning of construction works with detailed feasibility charts/graphs reflecting and based to the types and quantities of site equipments related to the project zone hydrological conditions. He will prepare the documents necessary for the performance of this work. geotechnical. hydrological and road safety will test on the performance of the existing roadway. based on surveys of existing traffic. including soil investigations relating to structure foundation studies and investigations relating to hydrological drainage. and Young Modulus) must be represented as a diagram. . vii) Pavement design The consultant. according to the above fixed time period calculated with parameters. The consultant shall also. Proctor. The bearing tests (CBR.

All route diagrams for construction work. etc. .). cut into sections. The use of cheap and modern technologies of soil anchoring should be applied.The detailed bill of quantities to be performed. site water supply. the consultant will prepare a report summarizing all the measures adopted for the construction and upgrading of each section of road and a cost estimate (confidential) of the work to be undertaken. . The consultant should provide both options. .The report of the detailed hydrologic and hydraulic study.The nature of the work. staff costs. .An outline of the proposed financing.The report for road safety . Description of the routes. programming time.The draft framework of the unit price schedule. .3. materials and supplies imported. the cross sections types.54 Ix) Retaining structures Design of retaining structures for the soil protection upstream and downstream.The calculation sheets/notes (civil engineering works and design of the road). It will consider the physical contingencies and forecast price increase following the estimated date of start of work. nature and quantity of usable quarries' material. .also consider transport distances of materials to the project road. 3. Foreign exchange costs shall include in particular the following: depreciation of equipment. .Note on the organization of work (time.A geotechnical report with location.A confidential assessment which should include details of costs. .5 of these Terms of Reference. This estimate will be established on the basis of bill of quantities and prices of similar in-country and the basis of the tax applies. divided into currency costs and local costs. . the report will . . .Description of construction technical measures.1 Technical Report According to the schedule defined in section 4. topographic surveys to establish the necessary plans.The draft framework of the cost estimate. This report will include: A detailed record of the traffic intensity and distribution of vehicle classes. profits made by the contractor. . overheads. .

.3.Instructions to Bidders. . . . 3. advance). The consultant will describe the transport sector in Rwanda in particular describing the existing modes of transport and supply capacity.Part of the detailed cost estimate and confidential cost estimate. which will include the following documents: .Cross section scale 1 / 100 with cross-sections every 10 m. business operators and their performance.The General Conditions related to civil works.The Special Conditions.Topography data every ten (10) m.Cross-section type scaled: 1 / 25.The Technical Specifications and Performances. . . sector policies. .The form of progress of the work. the institutional and regulatory framework.4. .4. Economic Study 3.The geotechnical and hydrological file.Longitudinal scaled: h = 1 / 500 L = 1 / 500.Implementation/construction drawings of the axis scale 1 / 500. . .The invitation to tender. . location and positioning of works and drainage structures. . .1 Description and analysis of administrative. elevation.Models of guarantee (performance bond. He will analyze the flow of transport.The quantitative picture of the materials to be imported. . . trade and the prospects for the economy of Rwanda.Part of unit of prices breakdown from confidential cost estimate.The contract will be unit price-based. . . will .Drawing of vertical horizontal alignments. .55 3. geographical and transport sector The consultant will describe the geographical and administrative view of zone of the project and present its socio-economic development with particular emphasis on economic performance. .The model of bid security.The model of submission. .1 Preparation of Tender Document for works The consultant will prepare the tender document ( in French and English) on the basis of the record-type of the Rwanda Public Procurement Authority.The various drawings and implementation files for the preparation of bids and proper construction implementation.

fisheries.3. From the data collected.4. He will determine the effect of rehabilitation works of Kazi-Mutenderi feeder road (17 km) in Ngoma District on the economic and social development of Districts and Sectors through. economic (agriculture.3 Traffic 3. The consultant will develop projections of changes in socio-economic variables. with traffic counts and surveys origin .destination traffic. women. industry.4.1 The consultant will collect and analyze data on road traffic on the road KazoMutenderi feeder road (17 km) in Ngoma District . youth. the impact of project on gender in general and women and children in particular.2 The consultant will make predictions about the future evolution of transport demand. He will take stock of production. Traffic on neighboring road network related to the road will also be determined. past trends. He will collect and analyze natural features (topography. consumption. the consultant will determine: (i) the composition and volume of traffic on the road Kazo-Mutenderi feeder road (17 km) in Ngoma District roads. to identify patterns of poverty.56 highlight the constraints of the transport sector and road sub-sector in Rwanda. and so active and their share in the entire population of the country). The traffic count will be mandatory for a period of at least one (l) week and based on a 24 hour period to record traffic at night. (ii) the use of vehicles.4. (iii) (iii) the annual average daily traffic base on these roads.). taking into account the current situation.2 Detailed Study of rehabilitation works of Kazo-Mutenderi feeder road (17 km) using Himo approach in Ngoma District The consultant will determine. He will analyze the efficiency of the transport system and make appropriate recommendations on options to improve system performance. demographic (population composition of the zone of influence. and trade in the area of influence and establish the relationship between traffic and socio-economic activities (movement of people and goods production. If necessary. for approval to the Client. mines and their share on national production) and socio-economic present and future. 3. surveys and analysis of the results will be submitted in advance by the consultant. He will analyze the living conditions of populations.4.3. the limits of the zone of influence restricted and expanded of the project. and other relevant factors that may affect forward general economic conditions. The methodology of counting. climate. 3. projects development courses or programs. namely. etc. the consultant will decompose these roads into homogeneous sections and lead counts separately on different sections. . 3. vegetation. in consultation with the client. including modes of transport intermediates observed on these roads. livestock. He will complement the data traffic on the road.

The economic costs of investment. assumptions. all predictions will be given using three growth rates. The estimates will be established as part of the technical study. Special attention will be given to specific conditions in the country or zone of influence of the project (short and extended). depending on traffic and proposed CONSTRUCTION AND UPGRADING and will . It will be the same for the generated traffic for which the assumptions of estimation should be well explained. The consultant will also assess maintenance costs (routine and periodic) in situations with and without the project.3. the consultant will pay particular attention to the future traffic constitution and changes in the category of vehicles due to the improvement of the road. and parameters used to calculate the cost of operating vehicles by the model "HDM-4. existing or proposed to open the project area. namely: a normal rate.4.4. 3. an average rate and a high rate. The consultant will collect the data available and necessary for the calculation of operating costs for each category of vehicle maintenance costs of the road and the economic costs of investment. to determine the structure and volume of potential traffic on the floor.3. Although much importance is given to the accuracy of traffic forecasts in the early years of the road. including costs of mitigation of adverse effects on the environment and the social will be clearly expressed related without duty and all taxes. He will deduce a current estimate for the cost of maintaining the road in its current state and after construction and upgrading for each of the proposed construction options. that may affect the cost of the proposed road.57 taking into account the development of the zone of influence of the proposed construction and upgrading of the Kazo-Mutenderi feeder road (17 km) using Himo approach in Ngoma District roads." These data will be summarized in a table that clearly reveal these costs by vehicle type. He will identify and quantify the factors leading the traffic. the consultant will clearly explain the assumptions and other considerations taken into account and will take into account the transport corridors. 3. using data on recent similar studies in Rwanda. generated traffic and traffic diverted. including the categories of non-motorized vehicles. the growth rate per period during the life of the project and construction options. The amounts of taxes and duties will be assessed and recorded in a separate table.4. type of traffic. 3.3 For traffic diverted. (II) The consultant will provide in the report all data. Traffic forecasts will focus on the life of the road and will show: .4 Economic cost of investment (I) The economic costs will be expressed in Rwandan Francs (Frw). and then broken down into local currency costs and foreign currency.The growth rate of fixed or variable during the lifetime of the route for each traffic type and each category of vehicle.Normal traffic.4 While assessing or developing the final forecast traffic. .

for the project. using the model "HDM 4"..4. and their lives. including organization. He provides information on the tax revenues to road use. For this purpose. The consultant will make a comprehensive analysis of this category and qualitative benefits. case 3: down 10% to 20% of the expected growth rate of traffic. the savings on maintenance costs and residual value of the road and the other parameters considered necessary by the consultant.r. each homogeneous section of road and across the road.5 Economic Benefits (I) the quantifiable benefits will be evaluated in Frw. etc. The different types of construction proposed by the consultant will each be subject to economic evaluation with the determination of the economic rate of return for each section of the road and set for the entire road of KazoMutenderi feeder road (17 km) in Ngoma District. He identifies the associated investments in other sectors that will enable a zone of influence of the road to get the maximum benefits of the project. The discount rate used in ca1culations will be provided by the Rwandan Government. (II) It should be noted that the consultant will carry out its economic analysis by first separating the road from the neighboring network. He will make recommendations for maintenance of the road. To this end. 3. planning and financing of road maintenance. 3.). characteristics and type of vehicles. all input data model (networks. discounted net benefits. etc." (II) Some non-quantifiable benefits will be generated by the project. The various parameters used must be justified.) must be clearly established in a separate table. .6 Economic evaluation of the project (I) the model "HDM 4" will be used for the calculation of economic costs and benefits of the proposed road Kazo-Mutenderi feeder road (17km) in Ngoma District. axle load.58 raise the balance of the gains generated by the project on maintenance costs. in terms of economic gains accruing to road users. He will also perform a probabilistic sensitivity analysis of rate of return based on changes in key parameters of the project (case I: increase of 10% to 20% of the economic cost for the project. the classic indicators of economic evaluation (economic rate of return. parts calibration. In this context. case 2: 10% reduction at 20 % of the anticipated economic benefits. The consultant will also establish the cost-benefit balance in Frw.) And the optimal date of commissioning of the various sections of the road. and then proceed to an integrated analysis summary of the project. the consultant will describe and estimate the exogenous benefits. The model used for these calculations will be "HDM 4. structural index etc. He will determine. the consultant will calculate operating costs by type of vehicle on the road project.4.

(IV) air pollution that may arise from construction activities. fragmentation or loss of agricultural land. property and other properties. (II) the risk of deforestation. landslides. changing the natural drainage sites. cuts in water circulation. changes in runoff and pollution of aquatic environments. (III) the risk of soil erosion and loss of vegetation cover. He will distinguish visible impacts before. (V) the occupational health for workers during the construction phase and the risks of transmission of disease (HIV/AIDS. wildlife disturbance and interference with the lives of animals and people. In addition. borrow pits areas and storage areas of materials for the project. deforestation. . the impacts in the short. These impacts may occur not only on the work site. Determine the costs of these losses to any compensation. Among these impacts include: loss of flora and Fauna. the following key elements will be considered in this analysis: (I) the protection of farmland and aesthetic. changes in the level and quality of groundwater and surface water. The consultant will analyze the initial state of the environment of the future project and examine negative and positive effects that could lead to its implementation on the environment of the areas concerned. during and after construction. and other sexually transmitted diseases) during and after the construction phase. other negative environmental impacts from the production of asphalt plants may cause air pollution and soil. sedimentation in rivers and lakes. 3. but also in quarries. flooding.59 (III) It should be noted that the study report should include the various economic consultant's investigations and its findings and recommendations motivated and must be accompanied by all relevant documents. He will discuss with all parties and pay particular attention on the effects on the most vulnerable including women and assess the costs of measures to mitigate these impacts. agricultural land. the direct and indirect impacts. Concerning the possible negative effects the recommendations should be made to mitigate or minimize such effects. medium and long term.5 Study of Environmental and Social Impact Assessment (ESIA) The road construction and upgrading induces a number of negative impacts on the physical and social environment of the project area. dust and noise from equipment and use of explosives are other sources of environmental pollution. The impact of the construction and upgrading of the road on wildlife in the project area should be examined during the study. erosion.

e. This will also include an account of activities and features which will introduce risks or generate impacts (negative and positive) on the environment. Resettlement Action Plan (RAP) and Physical and Cultural Resources Management Plan (PCRMP).6. width of verges. Team leader Road-Engineer (1) He/she should have a degree in Civil Engineering or equivalent with at least 10 years of experience in the road sector (including the direction post of study design and planning studies). He or she must be member of Rwandan Engineering Council with a valid practicing certificate. bridges and crossings. 2. The study of environmental and social impact will be a separate volume of the report of the study to rehabilitate the project road. And the report will then be forwarded to RDB/EIA Unit for approval. Profiles of key experts 1. The consultant will consider the policy and guidelines of the Client for environmental and social protection. Ten hard copies with a soft copy (CD) of the report will be submitted to Ngoma District. inject costs. i. drainage requirements. Geotechnical Engineer (1) . Construction. operation and decommissioning phase. The Environmental and Social Impact assessment will be carried out in accordance with REMA's EIA guidelines and in consistence with the requirements of the Organic Law No. noting areas to be reserved for construction and verges. Detailed Terms of Reference for Environmental and Social Impact assessment will be provided after submitting a comprehensive description of the project. The ESIA report should be concise and limited to significant Environmental issues. 04/2005 of 8/04/2005 of the Republic of Rwanda. pre-construction. based on the findings of the ESIA shall prepare Environmental and Social Management Plan (ESMP).He will be responsible for coordinating the team of experts and the successful implementation of the study.60 (VI) Measures for construction and upgrading of Districts and Sectors borrowing of construction materials and other risks associated with the construction and operation of the road. the width of the right-of-way. ESMP should specify impact mitigation plan and environmental monitoring plan requirement. responsibility and timeframe for mitigating each impact and monitoring of each environmental parameter. The consultants. The description of the project will give the total length of the alignment. including 5 years in countries of Sub-Saharan Africa and at least five similar studies as a Team leader. Impact mitigation plan and monitoring plan should be based on the project phase. Detailed Environmental Impact Assessment guidelines are presented (see international guidelines and REMA Guidelines or in appendix when available) 3. etc.

Three years EIA experience in the Road sector will be a great asset . 5. ecology.Saharan countries.Saharan countries. Surveyors (1): . Environmental Expert (1) University degree or post-graduate studies in relevant fields (Environmental sciences. He or she must be member of Rwandan Engineering Council with a valid practicing certificate He will be responsible for the design and engineering of structures. 3.pdf. He will be responsible for the design and engineering of structures. Environmental Engineering or environmental economics) . Structural Engineer or Bridge Engineer (1) He/she should have 06 years in the field of civil engineering (specialty structural engineering or bridge engineering) with at least Five (5) years experience in the road sector including three years in sub.rw/rema doc/publications/List%20of%20EIA%20EXPERTS%20 2 . soil testing) with at least Five (5) years experience in the road sector including three years in sub. 4. He or she must be member of Rwandan Engineering Council with a valid practicing certificate.Fully conversant with the REMA's EIA guidelines and delivery methodologies -including ESMP .Over the last three years. .61 He/she should have 6 years in the field of civil engineering. preferably in Eastern and/or Central Africa.Preference will be given to applications that include Environmental Impact Assessment experts authorized by REMA: http://www. at least one of these assignments has been done as a team leader . at least one relevant experience in developing countries.Experience in development and conducting ESIAs assignments.gov.rema. degree in civil engineering (specialty in the field of geotechnical engineering.

notes.62 .00) months from the start of the study. the economic study. The consultant will forward directly to Ngoma District the required number of copies of this report. and the consultant's analysis and its conclusions and recommendations. The consultant will provide.He/She should have a higher technical diploma in surveying or in civil engineering. (II) The consultant will also provide all electronic documents (source files and PDF files). the Consultant should make a presentation of this report to the Ngoma District technical team for validation and continuation of the study. TIME AND REPORTS. results. the recommendations and the revised implementation of the study. These reports. He should also have 3 years experience in the field of soil testing or material testing works. IV. 4. interim reports in English with a French translation. drawings. 6.2 Interim reports and final study report. An inception report for the start of the service will be provided to the Client within a maximum of a half (0. as shown in the table below. with translation into French. also include the results of different investigations. Laboratory Technicians (1): He/She should have a higher technical diploma in construction. He or she must be member of Rwandan Engineering Council with a valid practicing certificate. together with all other relevant supporting information and materials used. the Consultant will present and publish the final reports of studies also in English with a French translation.5) month. etc. . The report will present the state of mobilization of personnel engaged in the study.1 Inception Report. 4. Must have at least Five (5) years of professional experience in surveying and have worked on at least three (3) road projects. Then. He will transmit directly to the client the number of copies of these reports. if he or she is a civil engineer. the activities during this period and to establish the technical options for construction and upgrade of the road that could be considered. Must have at least Five (5) years of professional experience in the field of road construction and have worked on at least three (3) road projects. After the non-objection of the Client. This report will be provided in English. the study of environmental and social impact and environmental management plan and social (ESMP). He should also have 3 years experience in the field of road’s survey. (I) Interim reports of studies cover the technical study. after a period of one month (1.

environmental and social.5 month: Inception Report To + 0. environmental and social and PGES.c) environmental and social impact assessment d) Plan for Environmental and Social Management Separate final reports: a) technical review-b) economic study-c) environmental impact assessment and social d) Plan for Environmental and Social Management.63 4.00 months: Submission of provisional detailed reports of technical study.4 Number of copies of records per each road Document Inception Report Separate interim reports a) technical study -b) economic study . To+ 1. To + 1. CD-ROM or USB containing a) distinctly different ratios of technical. including the time of approval of the various phases: To+0.75 months: Presentation of inception report and observations of Ngoma DISTRICT.75 months: Presentation of final report and observations of the Ngoma DISTRICT on the draft version of the Tender document. and b) detailed model input HDM-4 and the output data.6 PAYMENT MODALITIES The Consultant will be paid according to the following percentage.5 months: Submission of final reports and the draft version of the Tender document.00 months: Presentation of the tender dossier final 4. the results and elements of the model Calibration Provisional Tender Document Final tender document + CAD drawings ( hard and soft copy) Total general Number 5 5 5 2 5 15 37 4. Rep-1: Inception report . To + 0.0: Beginning of studies. economic.5 Calendar of Events The services listed below are made within Two (2) months from the date of notification of the contract. To + 1. To + 2. economic.

The Consultant should affix to this estimates the unit price break down.P Operating expenses 4 5 Post Unit Office furniture including technical materials and month any other business (software. 5. insurance. telephones. drivers. ..P U. No 1. 2. 4. .) h 2 Refundable expenses N0 Post unit 6 Expenses of work of control month any other business (expenses of hiring topographic material. there will be a negotiation.P T. 3. Etc.64 Rep-2: Preliminary report and Draft Tender Document Rep-3: Final report and Final Tender Documents in English & French The payment will be done once upon the approval of the Final report.) Qty 2 Displacement (hiring two vehicles. Invoice No.P T.B: ..*mont maintenance.P T. drafting and production of different reports. geotechnical material and test payment) OVERALL TOTAL VAT (18 %) OVERAL TOTAL WITH VAT Quantity 2 N. 6. .1 (upon approval of the final report Rep-1): 100% of the contract amount PROPOSED BILL OF QUANTITIES (for 2 Months) CONSULTANCY SERVICES FOR CARRYING OUT A DETAILED STUDY OF REHABILITATION WORKS OF KAZO-MUTENDERI FEEDER ROAD (17km) USING HIMO APPROACH IN NGOMA DISTRICT.P U. Fees of the personnel on ground Unit Quantity Team Leader Geotechnical Engineer Structural Engineer( Bridge Engineer) Environmental Engineer Two Surveyors One Laboratory Technician p*month p*month p*month p*month p*month p*month 2 2 2 2 4 2 U. veh. fuel.Before eventual renew of the contract.

65 .

STANDARD FORM OF CONTRACT .66 Section 6.

- Considering that the client has accepted the Bid submitted by the Consultant for the execution and completion of such services and the remedying of any defects therein. P. and each shall be read and considered as an integral part of the Contract: a. Minutes of negotiation c. Now therefore both parties hereby agree as follows: ARTICLE 1: SUBJECT OF THE CONTRACT This contract concerns the Detailed Study for the periodic maintenance works of [name and type of works] ARTICLE 2: CONTRACTUAL DOCUMENTS The following documents shall constitute the Contract between the Client and the Consultant.67 CONTRACT FOR SERVICE CONSULTANCY SERVICES FOR CARRYING OUT A DETAILED STUDY OF REHABILITATION WORKS OF KAZO-MUTENDERI (17KM) USING HIMO APPROACH IN NGOMA DISTRICT This contract is hereby established between Ngoma District. d. hereinafter referred as “the Consultant”.BOX01. and. General Conditions of Contract .O.Special Conditions of Contract. Represented by __________ - The client and the consultant are hereinafter called “the parties”. hereinafter referred to as “the Client”. Under the conditions of this contract. KibungoRwanda. Agreement/Contract b. Consultant [name and address]. - Considering that the Client is desirous that the Consultant produces a detailed study of Periodic Maintenance works of [Name of the Road].

as the case may be. “Local Personnel” means such persons who at the time of being so hired had their domicile inside the Republic of Rwanda. ARTICLE 3: DEFINITIONS Unless the context otherwise requires. and “Parties” means both of them. then the documents shall prevail in the order listed above. and “Members” means all these entities. (e) “Local Currency” or “National Currency” means the currency of the Republic of Rwanda. f.” in case the Consultants consist of a joint venture of more than one entity. Any other document listed in the SCC as forming part of the Contract. the Procuring Entity. (k) “Personnel” means persons hired by the Consultants or by any Sub consultant as employees and assigned to the performance of the Services or any part thereof. g. (f) “Member. the Consultants or a Sub consultant. (b) “Contract” means the Contract signed by the Parties.Letter of Acceptance. (n) “Third Party” means any person or entity other than the Government. as described in Appendix A hereto. together with all the documents listed in Article 2 above. (d) “Government” means the Government of the Republic of Rwanda. the following terms whenever used in this Contract have the following meanings: (a) “Applicable Law” means the laws and any other instruments having the binding force of law in the Republic of Rwanda. This Contract shall prevail over all other Contract documents. In the event of any discrepancy or inconsistency within the Contract documents. (c) “Effective Date” means the date on which this Contract comes into force and effect. (m) “Sub consultant” means any person or entity to whom/which the Consultants subcontract any part of the Services. means any of these entities. “Foreign Personnel” means such persons who at the time of being so hired had their domicile outside the Republic of Rwanda. as they may be issued and in force from time to time. Consultant’s Bids. . (l) “Services” means the work to be performed by the Consultants pursuant to this Contract. (j) “Party” means the Procuring Entity or the Consultants.68 e.

into force. based on article 23 of the law N° 13/2007 of 29/03/2007 and amendments stated in the law No 05/2013 of 13/02/2013 modifying and completing the law No 12/2007 of 27/03/2007 on Public Procurement. the consultant shall be liable for any defects which may be raised after services. ARTICLE 9: WITHHOLDING TAX According to the law n0 24/2010 of 28/05/2010 modifying and complementing law n016/2005 of 18/08/2005 on direct taxes on income. 3 % (15% if not registered) . in respect of any matter relating to this Contract or to the Services. ARTICLE 6: CONSULTANT’S LIABILITY Consultant’s liability under this contract shall be as provided by the Applicable Law. the Consultant hereby convenes with the Client to execute and complete the services and remedy any defects therein in conformity in all respects with the provisions of the Contract. ARTICLE 5: CLIENT’S OBLIGATIONS The Client hereby convenes to pay the Consultant in consideration of the execution and completion of the services and the remedying of defects wherein the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. ARTICLE 8: CONTRACT AMOUNT The Amount of the Contract amount is [amount in figures and in letters]. in accordance with generally accepted professional techniques and practices.69 ARTICLE 4: CONSULTANT’S OBLIGATIONS Considering the terms and conditions of payments to be made by the Client to the Consultant as hereinafter mentioned. and employ appropriate advanced technology and safe methods. and shall at all times support and safeguard the Procuring Entity legitimate interests in any dealings with Sub-consultants or third parties. The Consultants shall always act. efficiency. as faithful advisers to the Procuring Entity. After the submission and approval of the final reports on the detailed study. ARTICLE 7: PROCUREMENT METHOD The award of this contract has been made following the national open tender procurement method. and economy. The Consultants shall perform the Services and carry out their obligations with all due diligence.

for which there shall be a written notice of not less than fifteen (15) days). ARTICLE 12: DURATION REQUIRED FOR THE WARNING In case of non performance within the contract execution. such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (g) of this Clause. as .1 By the Procuring Entity The Procuring Entity may.70 of the mentioned total price will be charged from the Consultant as withholding tax except if the Consultant provides an update Quitus Fiscal attached to his invoices. ARTICLE 11: PRICE AND CRITERIA OF JUSTIFICATION The price will be fixed based on the services to be carried out. ARTICLE 14: PENALITIES OF DELAY Without prejudices to other contract terms. the Consultant shall incur a penalty of one thousandth (1/1000) of the value of uncompleted services for each day of delay. ARTICLE 13: PLANNING AND DURATION OF THE CONTRACT The duration of services is fixed to Two months. terminate this Contract: (a) if the Consultants fail to remedy a failure in the performance of their obligations hereunder. ARTICLE 15: TERMINATION OF THE CONTRACT 15. the warning letter shall be issued not later than seven (7) days. and takes effect from the date of starting date mentioned in the Administrative Order (Ordre de Service). by not less than seven (7) days write a notice of termination to the Consultants (except in the event listed in paragraph (f) below). ARTICLE 10: SOURCE OF FUNDS All payment to the consultant shall be made by the “Road Maintenance Fund’’.

(b) if the Procuring 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 Consultants may have subsequently approved in writing) following the receipt by the Procuring Entity of the Consultants’ notice specifying such breach. the Consultants are unable to perform a material portion of the Services for a period of not less than two (2) months. terminate this Contract: (a) if the Procuring Entity fails to pay any money due to the Consultants pursuant to this Contract and not subject to dispute pursuant within forty-five (45) days after receiving written notice from the Consultants that such payment is overdue. as the result of Force Majeure. such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (d). receiving or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution.2 By the Consultants The Consultants may. “fraudulent practice” means a misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of the Procuring Entity. or (f) if the Procuring Entity. and includes collusive practice among consultants (prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive the Procuring Entity of the benefits of free and open competition. if any of their 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. decides to terminate this Contract. as the result of Force Majeure. giving. or (d) if the Procuring Entity fails to comply with any final decision reached as a result of competent court . has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.71 specified in a notice of suspension. obligations or interests of the Procuring Entity and which the Consultants know to be false. the Consultants are unable to perform a material portion of the Services for a period of not less than one (1) month. in the judgment of the Procuring Entity. (b) if the Consultants become (or. 15. by not less than seven (7) days write a notice to the Procuring Entity. (c) if. (c) if the Consultants fail to comply with any final decision reached as a result of a competent court proceedings. within seven (7) days of receipt of such notice of suspension or within such further period as the Procuring Entity may have subsequently approved in writing. in its sole discretion and for any reason whatsoever. (g) if the Consultant. (d) if the Consultants submit to the Procuring Entity a statement which has a material effect on the rights. For the purpose of this clause: “corrupt practice” means the offering. if the Consultants consist of more than one entity. (e) if.

ARTICLE 17: LANGUAGE OF THE CONTRACT The language of the contract shall be English. that is “Law N° 13/2007 of 29/03/2007 on Public Procurement and the law N° 45/2011 of 25/11/2011 governing contracts” and amendments stated in the law No 05/2013 of 13/02/2013 modifying and completing the law No 12/2007 of 27/03/2007 on Public Procurement.  Name of the Bank: ……………………. ARTICLE 18: RETENTION MONEY There is no retention money on this contract. ARTICLE 16: LEGISLATION IN FORCE The applicable law of this contract is Rwandan Law in force. This amount shall be deducted from the approved invoices which have not been paid or may be recovered using other means if there is any surplus between the initial Contract and the new Contract value. The payments will be done immediately after the approval of the submitted and presented reports.72 proceedings. the Consultant shall bear the additional cost necessary for the completion of the Contract activities as well as for the preparation of the new Contract which is calculated as lamp sum of 1% of the new Contract. The extension of the study period shall be considered when the supervision activities need to go beyond 5% of the initial contract period. The communication and correspondences can be written in either in English or French. The reports shall be done in English only. ARTICLE 19: PAYEMENT MODALITIES - - The payment schedule shall be made immediately after the approval of the submitted and presented reports. Coordinator(s) . the study contract will cover the whole period of works. The budget for the consultant is rather fixed.. In case of termination of the Consultant’s Contract. ARTICLE 21: PROJECT STUDY AND MONITORING MODALITIES A. ARTICLE 20: BANK ACCOUNT OF THE CONSULTANT The effective payment shall be made on the  Bank Account Number: ………………….

Signed in Five (5) original copies. correction and approval of the reports and of other deliverables that may be requested by the Client which are included in the Terms of Reference. ARTICLE 22: MODIFICATION OF THE CONTRACT The contract can be modified upon consent of all parties which may due to the change of volume of works or other elements which are crucial for the good performance of the project. and for the coverage. At the Procuring Entity request. and at their own cost but on terms and conditions approved by the Procuring Entity. Reports Approval of the aforesaid reports shall be communicated to the Consultant not later than seven (7) days from the date of their submission. ARTICLE 25: ENTRY INTO FORCE The present contract enters into force at the date of signature of this contract by both parties. The later shall be responsible for the coordination of activities under this contract. Its effects start at the date indicated in the Administrative Order. ARTICLE 23: CONFLICT RESOLUTION Any conflict linked to the present contract which will not be solved amicably by both parties shall be referred to the court of competent jurisdiction in the Republic of Rwanda. shall provide evidence to the Procuring Entity showing that such insurance has been taken out and maintained and that the Current premiums have been paid. for acceptance. on ………………………… FOR THE CLIENT Signed by ___________________ Title: ______________________ FOR THE CONSULTANT Signed by ____________________ Title: ________________________ . insurance against the risks.73 The client will designate coordinator(s). Done at Kigali. ARTICLE 24: INSURANCE The Consultants shall take out and maintain. B.

2(a). (d) “Foreign Currency” means any currency other than the currency of the Republic of Rwanda. (j) “Personnel” means persons hired by the Consultants or by any Sub-consultant as employees and assigned to the performance of the Services or any part thereof. (b) “Contract” means the Contract signed by the Parties. “Foreign Personnel” means such persons who at the time of being so hired had their domicile outside the Republic of Rwanda. (f) “Government” means the Government of the Republic of Rwanda. (g) “Local Currency” or “National Currency” means the currency of the Republic of Rwanda. General Provisions I. . “Services” means the work to be performed by the Consultants pursuant to this Contract. the following terms whenever used in this Contract have the following meanings: (a) “Applicable Law” means the laws and any other instruments having the binding force of law in the Republic of Rwanda. means any of these entities. “Local Personnel” means such persons who at the time of being so hired had their domicile inside the Republic of Rwanda. (h) “Member. the Procuring Entity. (m) “Sub consultant” means any person or entity to whom/which the Consultants subcontract any part of the Services in accordance with the provisions of Clause GC 3. and “Members” means all these entities. (n) “Third Party” means any person or entity other than the Government. as the case may be. (c) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GC 2. (e) “GC” means these General Conditions of Contract. (i) “Party” means the Procuring Entity or the Consultants. as described in Appendix A hereto.1 Definitions Unless the context otherwise requires. as they may be issued and in force from time to time. together with all the documents listed in Clause 1 of such signed Contract.1. GENERAL CONDITIONS OF CONTRACT 1.” in case the Consultants consist of a joint venture of more than one entity. the Consultants or a Sub-consultant. (k) (l) “SC” means the Special Conditions of Contract by which the GC may be amended or supplemented. and “Parties” means both of them.7.74 II. to which these General Conditions of Contract (GC) are attached. and “Key Personnel” means the Personnel referred to in Clause GC 4.

whether in the Republic of Rwanda or elsewhere. or when sent by registered mail. subject to this Contract. interpretation. under this Contract by the Procuring Entity or the Consultants may be taken or executed by the officials specified in the SC. I. the Consultants. I.4 Language This Contract has been executed in the language specified in the SC. 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. I. Sub-consultants and Personnel shall pay such taxes.75 I.9 Authorized Representatives Any action required or permitted to be taken. alter or affect the meaning of this Contract.6. I.10 Taxes and Duties Unless otherwise specified in the SC. if any. I. I.5 Headings The headings shall not limit. and any document required or permitted to be executed. I. .2. request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. The Consultants.6. which shall be the binding and controlling language for all matters relating to the meaning. telegram or facsimile to such Party at the address specified in the SC.6. including without limitation the receiving of instructions and payments from the Procuring Entity.2 Relation between the Parties Nothing contained herein shall be construed as establishing a relation of master and servant or of principal and agent as between the Procuring Entity and the Consultants. I. I.1 Any notice. Any such notice. performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.3 Law Governing Contract This Contract. telex. the Members hereby authorize the entity specified in the SC to act on their behalf in exercising all the Consultants’ rights and obligations towards the Procuring Entity under this Contract.2 Notice will be deemed to be effective as specified in the SC.7 Location The Services shall be performed at such locations as are specified in Appendix A hereto and. as the Procuring Entity may approve. at such locations.3 A Party may change its address for notice hereunder by giving the other Party notice of such change pursuant to the provisions listed in the SC with respect to Clause GC 1.6 Notices I. performance and the relation between the Parties shall be governed by the Applicable Law as specified in the Special Conditions of Contract.6. have complete charge of Personnel and Sub-consultants.8 Authority of Member in Charge In case the Consultants consist of a joint venture of more than one entity. interpretation and performance of this Contract. I. its meaning. where the location of a particular task is not so specified.

76 duties. Modification and Termination of Contract . Commencement. Completion. fees and other impositions as may be levied under the Applicable Law. 2.

7 Force Majeure 2. lockouts or other industrial action (except where such strikes. if any. flood or other adverse weather conditions. earthquake. promise or agreement not set forth herein. stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make.7.3 Termination of Contract for Failure to Become Effective If this Contract has not become effective within such time period after the date of the Contract signed by the Parties as shall be specified in the SC. this Contract shall terminate at the end of such time period after the Effective Date as shall be specified in the SC. 2. explosion. civil disorder. and includes. listed in the SC have been met.2 Commencement of Services The Consultants shall begin carrying out the Services at the end of such time period after the Effective Date as shall be specified in the SC. may only be made by written agreement between the Parties and shall not be effective until the consent of the funding agency. storm. strikes. 2. war.1 Effectiveness of Contract This Contract shall come into force and effect on the date (the “Effective Date”) of the Procuring Entity notice to the Consultants instructing the Consultants to begin carrying out the Services.5 Entire Agreement This Contract contains all covenants. fire. however.2 hereof. nor (ii) any event which a diligent Party could reasonably have been expected to both (A) take into account at the time of the conclusion of this .77 2. any statement. declare this Contract to be null and void. “Force Majeure” means an event which is beyond the reasonable control of a Party. 2. each Party shall give due consideration to any proposals for modification made by the other Party. representation. riots.9 hereof.1 Definition (a) For the purposes of this Contract. and which makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances. 2. has been obtained. 2. but is not limited to. and the Parties shall not be bound by or be liable for. lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent). neither Party shall have any claim against the other Party with respect hereto. including any modification of the scope of the Services. as the case may be. either Party may.6 Modification Modification of the terms and conditions of this Contract. by not less than sixty (60) days written notice to the other Party. Pursuant to Clause GC 7. (b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party’s Sub-consultants or agents or employees.4 Expiration of Contract Unless terminated earlier pursuant to Clause GC 2. This notice shall confirm that the effectiveness conditions. and in the event of such a declaration by either Party. 2.

all with the objective of carrying out the terms and conditions of this Contract.7. provided that the Party affected by such an event has taken all reasonable precautions. 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.7. this Contract insofar as such inability arises from an event of Force Majeure. the Consultants shall be entitled to continue to be paid under the terms of this Contract as well as to be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the purposes of the Services and in reactivating the Services after the end of such period. providing evidence of the nature and cause of such event. 2.7. complete any action or task.5 Consultation Not later than thirty (30) days after the Consultants. 2. due care and reasonable alternative measures.1 No Breach of Contract The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of. have become unable to perform a material portion of the Services.78 Contract and (B) avoid or overcome in the carrying out of its obligations hereunder. 2. 2. the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances. 2. suspend all payments to the Consultants hereunder if the Consultants fail to perform any of their obligations under this Contract. including the carrying out of the Services. by written notice of suspension to the Consultants. (c) Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder. (c) The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure. or default under.3 Extension of Time Any period within which a Party shall. and shall similarly give notice of the restoration of normal conditions as soon as possible.4 Payments During the period of their inability to perform the Services as a result of an event of Force Majeure.7.2 Measures to be Taken (a) A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party’s inability to fulfill its obligations hereunder with a minimum of delay. and in any event not later than five (5) days following the occurrence of such event.8 Suspension The Procuring Entity may. (b) A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible. provided that such notice of suspension (i) shall specify the nature of the . as the result of an event of Force Majeure.7. 2. pursuant to this Contract.

1.8 hereinabove. in its sole discretion and for any reason whatsoever. “fraudulent practice” means a misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of the Procuring Entity.9. For the purpose of this clause: “corrupt practice” means the offering. (d) if the Consultants submit to the Procuring Entity a statement which has a material effect on the rights. as specified in a notice of suspension pursuant to Clause 2. has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. receiving or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution. for which there shall be a written notice of not less than sixty (60) days). such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause GC 2. and includes collusive practice among consultants (prior to or after submission of proposals) designed to establish prices at artificial noncompetitive levels and to deprive the Procuring Entity of the benefits of free and open competition. in the judgment of the Procuring Entity. the Consultants are unable to perform a material portion of the Services for a period of not less than six (6) months.9. (c) if the Consultants fail to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GC 8 hereof. or (f) if the Procuring Entity. terminate this Contract: (a) if the Consultants fail to remedy a failure in the performance of their obligations hereunder. decides to terminate this Contract. and (ii) shall request the Consultants to remedy such failure within a period not exceeding six (6) months after receipt by the Consultants of such notice of suspension. if the Consultants consist of more than one entity. (g) if the Consultant. by not less than thirty (30) days write a notice to the Procuring Entity. such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (g) of this Clause GC 2.9 Termination 2. if any of their 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. as the result of Force Majeure.2 By the Consultants The Consultants may. 2.1 By the Procuring Entity The Procuring Entity may. obligations or interests of the Procuring Entity and which the Consultants know to be false.79 failure. (e) if. 2.9. .9. (b) if the Consultants become (or.2. by not less than thirty (30) days write a notice of termination to the Consultants (except in the event listed in paragraph (f) below). giving. within thirty (30) days of receipt of such notice of suspension or within such further period as the Procuring Entity may have subsequently approved in writing.

9.1 or GC 2. and (iv) any right which a Party may have under the Applicable Law. or (d) if the Procuring Entity fails to comply with any final decision reached as a result of arbitration pursuant to Clause GC 8 hereof.4 hereof.10 hereof.6 Disputes about Events of Termination .2 hereof. the Procuring Entity shall make the following payments to the Consultants: (a) (b) (c) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed prior to the effective date of termination. 2.9.6(ii) hereof. the Consultants are unable to perform a material portion of the Services for a period of not less than six (6) months. (iii) the Consultants’ obligation to permit inspection. copying and auditing of their accounts and records set forth in Clause GC 3.5 Payment upon Termination Upon termination of this Contract pursuant to Clauses GC 2. respectively.9 hereof. (ii) the obligation of confidentiality set forth in Clause GC 3.2 or GC 2. the Consultants shall proceed as provided. by Clauses GC 3.9.9.3 hereof. as the result of Force Majeure.9. (c) if. the Consultants shall. 2. immediately upon dispatch or receipt of such notice. all rights and obligations of the Parties hereunder shall cease. reimbursable expenditures pursuant to Clause GC 6 hereof for expenditures actually incurred prior to the effective date of termination.4 Cessation of Services Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GC 2.2 hereof. except (i) such rights and obligations as may have accrued on the date of termination or expiration.9. or upon expiration of this Contract pursuant to Clause GC 2.9. 2.1 hereof. 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. (b) if the Procuring 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 Consultants may have subsequently approved in writing) following the receipt by the Procuring Entity of the Consultants’ notice specifying such breach.9 or GC 3.9. reimbursement of any reasonable cost incident to the prompt and orderly termination of the Contract including the cost of the return travel of the Personnel and their eligible dependents. 2.3 Cessation of Rights and Obligations Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2. and except in the case of termination pursuant to paragraphs (a) through (d) of Clause GC 2. With respect to documents prepared by the Consultants and equipment and materials furnished by the Procuring Entity.80 terminate this Contract: (a) if the Procuring Entity fails to pay any money due to the Consultants pursuant to this Contract and not subject to dispute pursuant to Clause GC 8 hereof within forty-five (45) days after receiving written notice from the Consultants that such payment is overdue.

in accordance with generally accepted professional techniques and practices. 3. the Consultants shall not accept for their own benefit any trade commission.1 or in Clause GC 2.2 hereof has occurred.2 Conflict of Interests 3. a) The remuneration of the Consultants pursuant to Clause GC 6 hereof shall constitute the Consultants’ sole remuneration in connection with this Contract or the Services and. The Consultants shall always act.9. comply with the Applicable Law. subject to Clause GC 3. machinery. as the case may be. as well as any Sub consultant and any entity affiliated with such Sub . 3.81 If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause GC 2.2 Law Governing Services The Consultants shall perform the Services in accordance with the Applicable Law specified in the Contract and shall take all practicable steps to ensure that any Sub-consultants.1. as faithful advisers to the Procuring Entity. The Procuring Entity shall notify the Consultants in writing of relevant local customs. etc. discount or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations hereunder. works or services.1 3. materials and methods. Consultants and Affiliates Not to Engage in Certain Activities The Consultants agree that. and shall at all times exercise such responsibility in the best interest of the Procuring Entity. and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award. the Consultants and any entity affiliated with the Consultants. b) If the Consultants. and employ appropriate advanced technology and safe and effective equipment. refer to Clause GC 8 hereof. such Party may. similarly shall not receive any such additional remuneration. respect such customs.2 Consultants Not to Benefit from Commissions.2. the Consultants shall comply with any applicable procurement guidelines of the funding Institution.2 hereof.1. as well as the Personnel and agents of either of them. during the term of this Contract and after its termination. in respect of any matter relating to this Contract or to the Services. Discounts. have the responsibility of advising the Procuring Entity on the procurement of goods. 3 Obligations of the Consultants 3. efficiency and economy. after such notification. within forty-five (45) days after receipt of notice of termination from the other Party. and the Consultants shall use their best efforts to ensure that any Sub consultants.9. as well as the Personnel of the Consultants and any Sub-consultants. Any discounts or commissions obtained by the Consultants in the exercise of such procurement responsibility shall be for the account of the Procuring Entity. and shall observe sound management practices.2.2. and shall at all times support and safeguard the Procuring Entity legitimate interests in any dealings with Sub-consultants or Third Parties. as part of the Services.1 Standard of Performance The Consultants shall perform the Services and carry out their obligations hereunder with all due diligence. and the Consultants shall.1 General 3.

at their (or the Subconsultants’. and (ii) shall permit the Procuring Entity or its designated representative periodically.82 consultant. Inspection and Auditing The Consultants (i) shall keep accurate and systematic accounts and records in respect of the Services hereunder. to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the Procuring Entity and (iii) shall permit the International Development Institution financing the assignment to inspect the Consultant’s accounts and records relating to the performance of the Consultant and to have them if so required audited by auditors approved by such Development Institution. set forth in the SC. such other activities as may be specified in the SC. as shall be specified in the SC.6 Accounting.5 Insurance to be Taken Out by the Consultants The Consultants (i) shall take out and maintain. and for the coverage. any business or professional activities in the Republic of Rwanda or any other country which would conflict with the activities assigned to them under this Contract. the Consultants’ liability under this Contract shall be as provided by the Applicable Law. 3. either during the term or within two (2) years after the expiration of this Contract. shall be disqualified from providing goods. and up to one year from the expiration or termination of this Contract. in any of the following activities: (a) during the term of this Contract. shall provide evidence to the Procuring Entity showing that such insurance has been taken out and maintained and that the current premiums therefore have been paid. if any. and the bases thereof (including such bases as may be specifically referred to in the SC). works or services (other than the Services and any continuation thereof) for any project/assignment resulting from or closely related to the Services. insurance against the risks. 3.3 Confidentiality The Consultants.7 Consultants’ Actions Requiring the Public Procuring Entity Prior Approval The Consultants shall obtain the Procuring Entity prior approval in writing before taking any of the following actions: . 3. 3. and (b) after the termination of this Contract. as the case may be) own cost but on terms and conditions approved by the Procuring Entity. their Sub-consultants and the Personnel of either of them shall not. 3. disclose any proprietary or confidential information relating to the Services.2.3 Prohibition of Conflicting Activities The Consultants shall not engage. either directly or indirectly. 3. in accordance with internationally accepted accounting principles and in such form and detail as will clearly identify all relevant time changes and costs. this Contract or the Procuring Entity business or operations without the prior written consent of the Procuring Entity. and shall cause any Subconsultants to take out and maintain. and (ii) at the Procuring Entity request.4 Liability of the Consultants Subject to additional provisions. and shall cause their Personnel as well as their Sub consultants and their Personnel not to engage.

minimum qualification and estimated period of engagement in the carrying out of the Services of each of the Consultants’ Key Personnel are described in Appendix C. together with a detailed inventory thereof. unless otherwise instructed by the Procuring Entity in writing. (b) If required to comply with the provisions of Clause GC 3. shall be the property of the Procuring Entity and shall be marked accordingly. in the numbers and within the time periods set forth in the said Appendix.8 Reporting Obligations The Consultants shall submit to the Procuring Entity the reports and documents specified in Appendix B hereto. specifications.9 Documents Prepared by the Consultants to be the Property of the Procuring Entity All plans. agreed job description. adjustments with respect to the estimated periods of engagement of Key Personnel set forth in Appendix C may be made by the Consultants by written notice to the Procuring Entity.10 Equipment and Materials Furnished by the Procuring Entity Equipment and materials made available to the Consultants by the Procuring Entity. While in possession of such equipment and materials. not later than upon termination or expiration of this Contract. the Consultants shall make available to the Procuring Entity an inventory of such equipment and materials and shall dispose of such equipment and materials in accordance with the Procuring Entity instructions. provided (i) that such adjustments shall not alter .1 hereof. 3. and (ii) that the Consultants shall remain fully liable for the performance of the Services by the Subconsultant and its Personnel pursuant to this Contract. designs. it being understood (i) that the selection of the Subconsultant and the terms and conditions of the subcontract shall have been approved in writing by the Procuring Entity prior to the execution of the subcontract. other documents and software prepared by the Consultants for the Procuring Entity under this Contract shall become and remain the property of the Procuring Entity.1. (b) entering into a subcontract for the performance of any part of the Services. if any. 3. drawings. The Consultants may retain a copy of such documents and software. shall be specified in the SC.83 (a) appointing such members of the Personnel as are listed in Appendix C merely by title but not by name. Restrictions about the future use of these documents and software. in the form. If any of the Key Personnel has already been approved by the Procuring Entity. (c) 3. the Consultants. deliver all such documents to the Procuring Entity.8 Description of Personnel (a) The title. his/her name is listed as well. Upon termination or expiration of this Contract. and the Consultants shall. 4 Consultants’ Personnel and Sub-consultants 4. 4. or purchased by the Consultants with funds provided by the Procuring Entity. shall insure them at a reasonable price at the expense of the Procuring Entity in an amount equal to their full replacement value.7 General The Consultants shall employ and provide such qualified and experienced Personnel and Sub-consultants as are required to carry out the Services. reports. any other action that may be specified in the SC.

1(b) of this Contract. foreign Personnel carrying out Services inside the Republic of Rwanda 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 Republic of Rwanda as is specified in Appendix E hereto. forthwith provide as a replacement a person with qualifications and experience acceptable to the Procuring Entity. etc. (c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above. All leave to be allowed to the Personnel is included in the staff-months of service set forth in Appendix C.11Removal and/or Replacement of Personnel (a) Except as the Procuring Entity may otherwise agree. it becomes necessary to replace any of the Personnel. such Key Personnel shall be deemed to have been approved by the Procuring Entity. the estimated periods of engagement of Key Personnel set forth in Appendix C may be increased by agreement in writing between the Procuring Entity and the Consultants. If. 4. (a) Working hours and holidays for Key Personnel are set forth in Appendix E hereto. and (ii) that the aggregate of such adjustments shall not cause payments under this Contract to exceed the ceilings set forth in Clause GC 6. Leave.10 Working Hours. (b) The Key Personnel shall not be entitled to be paid for overtime nor to take paid sick leave or vacation leave except as specified in Appendix E hereto. 4. cause payments under this Contract to exceed the ceilings set forth in Clause GC 6.84 the originally estimated period of engagement of any individual by more than 10% or one week. (b) If the Procuring Entity (i) finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action. provided that any such increase shall not. for any reason beyond the reasonable control of the Consultants. at the Procuring Entity written request specifying the grounds therefore. In respect of other Key Personnel which the Consultants propose to use in the carrying out of the Services. If the Procuring Entity does not object in writing (stating the reasons for the objection) within twenty-one (21) calendar days from the date of receipt of such biographical data and (if applicable) such certificate. no changes shall be made in the Key Personnel.1(b) of this Contract.9 Approval of Personnel The Key Personnel and Sub-consultants listed by title as well as by name in Appendix C are hereby approved by the Procuring Entity. or (ii) has reasonable cause to be dissatisfied with the performance of any of the Personnel. the rate of remuneration applicable to such person as well as any reimbursable expenditures (including expenditures due to the number of eligible dependents) the Consultants may wish to claim as a result of . Overtime. To account for travel time. the Consultants’ remuneration shall be deemed to cover these items. the Consultants shall submit to the Procuring Entity for review and approval a copy of their biographical data and (in the case of Key Personnel to be used within the Republic of Rwanda) a copy of a satisfactory medical certificate in the form attached hereto as Appendix D. 4. then the Consultants shall. Any taking of leave by Personnel shall be subject to the prior approval by the Consultants who shall ensure that absence for leave purposes will not delay the progress and adequate supervision of the Services. whichever is larger. and except as specified in such Appendix. the Consultants shall forthwith provide as a replacement a person of equivalent or better qualifications. except as otherwise agreed in writing. Any other such adjustments shall only be made with the Procuring Entity written approval. (c) If additional work is required beyond the scope of the Services specified in Appendix A.

7 Assistance and Exemptions Unless otherwise specified in the SC. 4. (c) facilitate prompt clearance through customs of any property required for the Services and of the personal effects of the Personnel and their eligible dependents. . pursuant to the Applicable Law. (b) arrange for the Personnel and. the Consultants shall ensure that at all times during the Consultants’ performance of the Services in the Republic of Rwanda a resident assignment manager. shall take charge of the performance of such Services. their eligible dependents to be provided promptly with all necessary entry and exit visas. (f) grant to the Consultants. and (g) provide to the Consultants. Sub-consultants or Personnel to perform the Services. shall be subject to the prior written approval by the Procuring Entity. of bringing into the Republic of Rwanda reasonable amounts of foreign currency for the purposes of the Services or for the personal use of the Personnel and their dependents and of withdrawing any such amounts as may be earned therein by the Personnel in the execution of the Services. Sub-consultants and Personnel any such other assistance as may be specified in the SC. (e) exempt the Consultants and the Personnel and any Sub-consultants employed by the Consultants for the Services from any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity according to the Applicable Law. (d) issue to officials. Except as the Procuring Entity may otherwise agree.12 Resident Assignment Manager If required by the SC.85 such replacement. the Procuring Entity shall use its best efforts to ensure that the Government and any relevant national authorities shall: (a) provide the Consultants. 5 Obligations of the Procuring Entity 5. acceptable to the Procuring Entity. Sub-consultants and Personnel with work permits and such other documents as shall be necessary to enable the Consultants. if appropriate. and (ii) the remuneration to be paid for any of the Personnel provided as a replacement shall not exceed the remuneration which would have been payable to the Personnel replaced. residence permits. exchange permits and any other documents required for their stay in the Republic of Rwanda. agents and representatives of the Government and any other national authorities all such instructions as may be necessary or appropriate for the prompt and effective implementation of the Services. any Sub-consultant and the Personnel of either of them the privilege. (i) the Consultants shall bear all additional travel and other costs arising out of or incidental to any removal and/or replacement.

and (iii) the additional payments. the Parties shall agree on (i) any time extension that it may be appropriate to grant to the Consultants for the performance of the Services. 5. then the remuneration and reimbursable expenses otherwise payable to the Consultants under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto. if any. as shall be specified in such Appendix F. (ii) the manner in which the Consultants shall procure any such services.8 Access to Land The Procuring Entity warrants that the Consultants shall have. free of charge. If any member of the counterpart personnel fails to perform adequately any work assigned to such member by the Consultants which is consistent with the position occupied by such member. 5.11Payment In consideration of the Services performed by the Consultants under this Contract. the Procuring Entity and the Consultants shall agree on (i) how the affected part of the Services shall be carried out.86 5. for the purposes of the Services and free of any charge.10 Services. facilities and property shall not be made available to the Consultants as and when so specified. . to be made by the Procuring Entity to the Consultants as a result thereof pursuant to Clause GC 6. if any.1(c) hereof. facilities and property described in Appendix F at the times and in the manner specified in said Appendix F. 5. (b) If counterpart personnel are not provided by the Procuring Entity to the Consultants as and when specified in Appendix F. Counterpart personnel shall work under the exclusive direction of the Consultants. the services.1(b). there is any change in the Applicable Law with respect to taxes and duties which increases or decreases the cost incurred by the Consultants in performing the Services. and the Procuring Entity shall not unreasonably refuse to act upon such request. unless such damage is caused by the default or negligence of the Consultants or any Sub-consultant or the Personnel of either of them. provided that if such services.12 Counterpart Personnel (a) If so provided in Appendix F hereto. facilities and property from other sources. and (ii) the additional payments. after the date of this Contract. The Procuring Entity will be responsible for any damage to such land or any property thereon resulting from such access and will indemnify the Consultants and each of the Personnel in respect of liability for any such damage. the Procuring Entity shall make to the Consultants such payments and in such manner as is provided by Clause GC 6 of this Contract. Facilities and Property of the Procuring Entity The Procuring Entity shall make available to the Consultants and the Personnel.9 Change in the Applicable Law If.1(c) hereinafter. to be made to the Consultants as a result thereof pursuant to Clause GC 6. the Procuring Entity shall make available to the Consultants. and corresponding adjustments shall be made to the ceiling amounts specified in Clause GC 6. such counterpart personnel to be selected by the Procuring Entity. as and when provided in such Appendix F. and free of charge. with the Consultants’ advice. unimpeded access to all land in the Republic of Rwanda in respect of which access is required for the performance of the Services. 5. the Consultants may request the replacement of such member.

(b) Except as may be otherwise agreed under Clause GC 2. 6. The advance payment will be due after provision by the Consultants to the Procuring Entity of a bank guarantee by a bank acceptable to the Procuring Entity in . in the SC. the ceiling or ceilings.4 Mode of Billing and Payment Billings and payments in respect of the Services shall be made as follows: (a) The Procuring Entity shall cause to be paid to the Consultants an advance payment as specified in the SC. If specified in the SC.6 and subject to Clause GC 6. 5. (b) Remuneration for the Personnel shall be determined on the basis of time actually spent by such Personnel in the performance of the Services after the date determined in accordance with Clause GC 2. the Parties shall agree that additional payments in local and/or foreign currency. 6.1 Cost Estimates.3. payments under this Contract shall not exceed the ceilings in foreign currency and in local currency specified in the SC.1(a) above. set forth in Clause GC 6.3 Currency of Payment (a) Foreign currency payments shall be made in the currency or currencies specified as foreign currency or currencies in the SC.2(b).2 Remuneration and Reimbursable Expenditures (a) Subject to the ceilings specified in Clause GC 6.3(b).1(b) above shall be increased by the amount or amounts. and local currency payments shall be made in the currency of the Republic of Rwanda.1(b) hereof. and subject to such additional provisions as are set forth. as specified in Clause SC 6.87 6 Payments to the Consultants 6.6 hereof.1(b) hereof. if pursuant to any of the Clauses GC 5. 6. Ceiling Amount (a) An estimate of the cost of the Services payable in foreign currency is set forth in Appendix G.4 or 5. as the case may be. (c) Reimbursable expenditures actually and reasonably incurred by the Consultants in the performance of the Services. (c) Notwithstanding Clause GC 6. shall be made to the Consultants in order to cover any necessary additional expenditures not envisaged in the cost estimates referred to in Clause GC 6.1(c). The Consultants shall notify the Procuring Entity as soon as cumulative charges incurred for the Services have reached 80% of either of these ceilings. as the case may be. as the case may be. the Procuring Entity shall pay to the Consultants (i) remuneration as set forth in Clause GC 6. of any such additional payments. said remuneration shall be subject to price adjustment as specified in the SC.2(c). (b) The SC shall specify which items of remuneration and reimbursable expenditures shall be paid in local currency.3 and Clause SC 2. An estimate of the cost of the Services payable in local currency is set forth in Appendix H. and as otherwise set forth below. and (ii) reimbursable expenditures as set forth in Clause GC 6.3 (or such other date as the Parties shall agree in writing) (including time for necessary travel via the most direct route) at the rates referred to.

such due date. but not paid on. (e) All payments under this Contract shall be made to the accounts of the Consultants specified in the SC. the Procuring Entity may add or subtract the difference from any subsequent payments.1 Fairness and Good Faith Good Faith The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract. and that. Interest at the annual rate specified in the SC shall become payable as from the above due date on any amount due by. (d) The final payment under this Clause shall be made only after the final report and a final statement. and without detriment to the interest of either of them. gives written notice to the Consultants specifying in detail deficiencies in the Services.4 for such month. Separate monthly statements shall be submitted in respect of amounts payable in foreign currency and in local currency. vouchers and other appropriate supporting materials. identified as such. the Consultants shall submit to the Procuring Entity. if during the . such bank guarantee (i) to remain effective until the advance payment has been fully refunded as provided in the SC. accompanied by copies of receipted invoices. 7. 7 7. The Consultants shall thereupon promptly make any necessary corrections. (b) As soon as practicable and not later than fifteen (15) days after the end of each calendar month during the period of the Services. in duplicate. The Services shall be deemed completed and finally accepted by the Procuring Entity and the final report and final statement shall be deemed approved by the Procuring Entity as satisfactory sixty (60) calendar days after receipt of the final report and final statement by the Procuring Entity unless the Procuring Entity. Any amount which the Procuring Entity has paid or caused to be paid in accordance with this Clause in excess of the amounts actually payable in accordance with the provisions of this Contract shall be reimbursed by the Consultants to the Procuring Entity within thirty (30) days after receipt by the Consultants of notice thereof. the final report or final statement. of the amounts payable pursuant to Clauses GC 6. and (ii) to be in the form set forth in Appendix I hereto or in such other form as the Procuring Entity shall have approved in writing. within such sixty (9) day period. the foregoing process shall be repeated. shall have been submitted by the Consultants and approved as satisfactory by the Procuring Entity.2 Operation of the Contract The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract. (c) The Procuring Entity shall cause the Consultants’ payments % which will be carried out according to the progress of work done by contractor Only such portion of work done that is not satisfactorily supported may be withheld from payment. itemized statements. Any such claim by the Procuring Entity for reimbursement must be made within twelve (12) calendar months after receipt by the Procuring Entity of a final report and a final statement approved by the Procuring Entity in accordance with the above.3 and 6. Should any discrepancy be found to exist between actual payment and costs authorized to be incurred by the Consultants. and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them. and upon completion of such corrections.88 an amount (or amounts) and in a currency (or currencies) specified in the SC. Each such separate monthly statement shall distinguish that portion of the total eligible costs which pertains to remuneration from that portion which pertains to reimbursable expenditures.

but no failure to agree on any action pursuant to this Clause shall give rise to a dispute in accordance with Clause GC 8 hereof. 8 Settlement of Disputes 1.8 Dispute Settlement Any dispute between the Parties as to matters arising pursuant to this Contract which cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party’s request for such amicable settlement may be submitted by either Party for settlement in accordance with the provisions specified in the SC.7 Amicable Settlement The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or the interpretation thereof.89 term of this Contract either Party believes that this Contract is operating unfairly. 8. 8. . 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.

shall follow the usual customs procedures of the Republic of Rwanda in importing property into the Republic of 2 Clauses in brackets are optional.1 should be inserted here. (b) in the case of telexes.6. If the Consultants consist only of one entity. Clauses in the General Conditions of Contract of GC Clause2 1. after 24 hours following confirmed transmission.2 Notice will be deemed to be effective as follows: 1. The Member in Charge is [name and legal status of member].10 The Consultants.8 should be deleted from the SC. the name and legal status of the entity whose address is specified in Clause SC 1.8 (a) in the case of personal delivery or registered mail. 1.6.O Box: 01Kibungo E-mail: info@ngoma District. this Clause SC 1.9 The Authorized Representatives are: For the Procuring Entity: NGOMA DISTRICT For the Consultants: 1.4 The language is English. (c) in the case of telegrams. SPECIAL CONDITIONS OF CONTRACT Number Amendments of.Ngoma Distict. all notes should be deleted in final text.gov.rw www.1 The addresses are: Procuring Entity: NGOMA DISTRICT Attention: Executive Secretary (ai) P. after 24 hours following confirmed transmission. and (d) in the case of E-mail. Note: If the Consultants consist of a joint venture of more than one entity.6. and Supplements to. after 24 hours following confirmed transmission. Sub consultants and Personnel.90 III.rw Consultants: Attention: Cable address: Telex: E-mail: 1.] 1. and their eligible dependents.gov.3 Governing law: Law of the republic of Rwanda 1. . on delivery.

will be subsequently withdrawn therefrom by them. and their eligible dependents. . in connection with the carrying out of the Services. the Subconsultants and the Personnel for) any taxes. 2. provided that: (1) the Consultants. the Consultants. the Subconsultants and the Personnel shall be exempt from (or that the Procuring Entity shall pay on behalf of the Consultants. or shall reimburse the Consultants. the Subconsultants and the Personnel in respect of: (a) any payments whatsoever made to the Consultants. under the Applicable Law. (2)the Procuring Entity approval of Consultants’ proposals for appointment of specified key staff members. duties. as the case may be. after having been brought into such territories.3 The time period shall be TWO (2) months. fees.1 The effectiveness conditions are the following: (1)approval of the Contract by the Funding Institution. or the eligible dependents of such Personnel for their personal use and which will subsequently be withdrawn there from by them upon their respective departure from the Republic of Rwanda. (c) any equipment imported for the purpose of carrying out the Services and paid for out of funds provided by the Procuring Entity and which is treated as property of the Procuring Entity. shall follow the usual customs procedures of the Republic of Rwanda in importing property into the Republic of Rwanda. (d) any property brought into the Republic of Rwanda by the Consultants. (b) any equipment. the Subconsultants and the Personnel.2 The Consultants shall begin carrying out the Services at date specified in the Administrative Order (Ordre de Service) 2. 2. Subconsultants and Personnel. or their eligible dependents. on the Consultants. and (2) if the Consultants. any Subconsultants or the Personnel (other than nationals of the Republic of Rwanda or permanent residents in the Republic of Rwanda). materials and supplies brought into the Republic of Rwanda by the Consultants or Subconsultants for the purpose of carrying out the Services and which. levies and other impositions imposed. the Procuring Entity warrants that the Consultants. Subconsultants or Personnel. do not withdraw but dispose of any property in the Republic of Rwanda upon which customs duties and taxes have been exempted. Subconsultants and the Personnel (other than nationals of the Republic of Rwanda or permanent residents in the Republic of Rwanda). or (ii) shall reimburse them to the Procuring Entity if they were paid by the Procuring Entity at the time the property in question was brought into the Republic of Rwanda.91 Rwanda. Subconsultants or Personnel. (i) shall bear such customs duties and taxes in conformity with the regulations of the Republic of Rwanda. and In case of tax exemption.

2. in the activity of a purchaser (directly or indirectly) of the assets on which they advised the Procuring Entity under this Contract nor in the activity of an adviser (directly or indirectly) of potential purchasers of such assets. to be acceptable to the Procuring Entity. and shall cause their Personnel as well as their Subconsultants and their Personnel not to engage. The Consultants also agree that their affiliates shall be disqualified for the same period of time from engaging in the said activities. Consequently.92 2. they should delete this Clause SC 3. they should note that.” 3. Also. whichever of (A) or (B) is higher.4(b) “For a period of two years after the expiration of this Contract. or (ii) the proceeds the Consultants may be entitled to receive from any insurance they maintain to cover such liability.” . any limitation of the Consultants’ liability should at the very least be reasonably related to (a) the damage the Consultants might potentially cause to the Procuring Entity.4 from the SC. This limitation of liability shall not affect the Consultants’ liability. 2. if any. If the Parties wish to limit or to partially exclude the Consultants’ liability to the Procuring Entity.4 Note: Proposals to introduce exclusions/limitations of the Consultants’ liability under the Contract should be carefully scrutinized by the Procuring Entity. whichever of (i) or (ii) is higher. and (b) the Consultants’ ability to pay compensation using their own assets and reasonably obtainable insurance coverage.4 Limitation of the Consultants’ Liability towards the Procuring Entity (a) (b) Except in case of gross negligence or willful misconduct on the part of the Consultants or on the part of any person or consultant acting on behalf of the Consultants in carrying out the Services. the Procuring Entity would accept the following provisions with respect to the Consultants’ liability. or (B) the proceeds the Consultants may be entitled to receive from any insurance maintained by the Consultants to cover such a liability. the Consultants’ liability should never be limited for loss or damage caused by the Consultants’ gross negligence or willful misconduct. In this regard the parties should be aware of the following rules: 1. and (ii) for any direct loss or damage that exceeds (A) the total payments for professional fees and reimbursable expenditures made or expected to be made to the Consultants hereunder. shall not be liable to the Procuring Entity: (i) for any indirect or consequential loss or damage.4 as follows: “3. the Consultants shall not engage. for damage to Third Parties caused by the Consultants or any person or consultant acting on behalf of the Consultants in carrying out the Services. A statement to the effect that the Consultants are liable only for the re-performance of faulty Services is not acceptable to the Procuring Entity. the Consultants. The Consultants’ liability should not be limited to less than (i) the estimated total payments to the Consultants under the Contract for remuneration and reimbursables. with respect to damage caused by the Consultants to the Procuring Entity property. which the Parties could introduce here in the SC as Clause SC 3. If the Parties agree that the Consultants’ liability should simply be governed by the Applicable Law.4 The time period shall be Two (2) months 3.

in accordance with the relevant provisions of the Applicable Law. as well as. and (e) Insurance against loss of or damage to (i) equipment purchased in whole or in part with funds provided under this Contract.2(b). except.”  “Neither Party shall use these documents for purposes unrelated to this Contract without the . and (iii) any documents prepared by the Consultants in the performance of the Services.7(c) The other actions are: Note: If there are no other actions.6 shall include the bases of the Consultants’ representations referred to in Clause SC 6. any of the following options—or any other option agreed to by the Parties—could be used:  “The Consultants shall not use these documents for purposes unrelated to this Contract without the prior written approval of the Procuring Entity.93 3. travel or other insurance as may be appropriate.9 taking any action under a civil works contract designating the Consultants as “Engineer. with respect to such Personnel.5 The Procuring Entity does not accept a provision to the effect that the Procuring Entity shall indemnify and hold harmless the Consultants against third party claims. this Clause SC 3. If the Parties wish to restrict such use. of course. with a minimum coverage of 1 000 000 USD. (ii) the Consultants’ property used in the performance of the Services.7 from the SC. delete this Clause SC 3. If the Services consist of civil works. if a claim is based on loss or damage caused by a default or wrongful act of the Procuring Entity. (c) Professional liability insurance.9 should be deleted from the SC. 3. with a minimum coverage of 100 000 USD. accident. the written approval of the Procuring Entity as “Employer” is required. the following should be added here: “(i) 3.6 The bases for time changes and costs referred to in Clause GC 3. pursuant to such civil works contract. (d) Employer’s liability and workers’ compensation insurance in respect of the Personnel of the Consultants and of any Subconsultant. The risks and the coverages shall be as follows: (a) Third Party motor vehicle liability insurance in respect of motor vehicles operated in the Republic of Rwanda by the Consultants or their Personnel or any Subconsultants or their Personnel.” Note: If there is to be no restriction on the future use of these documents by either Party. health. with a minimum coverage of 1 000 000 USD. 3. (b) Third Party liability insurance. with a minimum coverage of 200 000 USD. any such life.” for which action.”  “The Procuring Entity shall not use these documents for purposes unrelated to this Contract without the prior written approval of the Consultants.] 3.

If there are no such changes or additions.] 6.”] [4. state here: “The person designated as resident assignment manager in Appendix C shall serve in that capacity.] [5.6.6 from the SC.1.6 Note: If there is a resident assignment manager. as specified in Clause GC 4.1 Note: List here any changes or additions to Clause GC 5.” If there is no such manager.1(b) The ceiling in foreign currency or currencies is: N/A The ceiling in local currency is: [amount] . delete this Clause SC 5.1 from the SC.94 prior written approval of the other Party. delete this Clause SC 4.

95 .

a price adjustment provision should be included here if the contract has duration of more than 9 months or if the foreign or local inflation is expected to exceed 5%per annum. Il is the official index for salaries in the Republic of Rwanda for the first month for which the adjustment is to have effect and. in which case more frequent adjustments should be provided for—at the same intervals for remuneration in local 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. Rfo is the remuneration payable on the basis of the rates set forth in Appendix G for remuneration payable in foreign currency. A sample provision is provided below for guidance: “Payments for remuneration made in accordance with Clause GC 6. with effect for the remuneration earned in the 13th calendar month after the date of the Contract) by applying the following formula: If Rf  Rfo  Ifo where Rf is the adjusted remuneration.2(a) in [foreign and/or] [local] currency shall be adjusted as follows: (i) Remuneration paid in foreign currency pursuant to the rates set forth in Appendix G shall be adjusted every 12 months (and.96 [6.”] 6. 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 Consultants) and remuneration in local currency by using the corresponding index for the Republic of Rwanda.2(b)(i) Note 1: Where price is not an evaluation criterion in the selection of Consultants. with effect for the remuneration earned in the [number]the calendar month after the date of the Contract) by applying the following formula: Rl  Rlo  Il Ilo where Rl is the adjusted remuneration. for the first time. and Ifo is the official index for salaries in the country of the foreign currency for the month of the date of the Contract. Ilo is the official index for salaries in the Republic of Rwanda for the month of the date of the Contract. (ii) Remuneration paid in local currency pursuant to the rates set forth in Appendix H shall be adjusted every [number] months (and. TheProcuring Entity must request the Consultants to submit . the first time.2(a) Note: In order to adjust the remuneration for foreign and/or local inflation. 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 Republic of Rwanda. Rlo is the remuneration payable on the basis of the rates set forth in Appendix H for remuneration payable in local currency.

which representations are then used by the parties when negotiating the applicable remuneration rates. in case remuneration has already been paid by the Procuring Entity before any such modification. and (iii) that any rates specified for persons not yet appointed shall be provisional and shall be subject to revision.97 certain representations about the Consultants’ salary and related costs. once the applicable salaries and allowances are known. (1) It is understood (i) that the remuneration rates shall cover (A) such salaries and allowances as the Consultants shall have agreed to pay to the Personnel as well as factors for social charges and overhead based on the Consultants’ average costs.2(b)(i). properly filled in and executed. and (C) the Consultants’ fee.6 hereof or through other means) to be materially incomplete or inaccurate. (2) Remuneration for periods of less than one month shall be calculated on an hourly basis for actual time spent in the Consultants’ home office and directly attributable to the Services (one hour being equivalent to 1/240th of a month) and on a calendar-day basis for time spent away from home office (one day being equivalent to 1/30th of a month). the text set forth below should be used as Clause SC 6. Should these representations be found by the Procuring Entity (either through inspections or audits pursuant to Clause GC 3. (i) the Procuring Entity shall be entitled to offset any excess payment against the next monthly payment to the Consultants.]. as represented by the financial statements of the Consultants’ latest three fiscal years. The Consultants should be requested to execute this Form at the conclusion of the contract negotiation when the Parties have agreed on the fixed rates and their breakdown. In this case. When inviting the selected Consultants for contract negotiation. with the written approval of the The Procuring Entity. or (ii) if there are no further . Any such modification shall have retroactive effect and. (3) The remuneration rates have been agreed upon based on the representations made by the Consultants during the negotiation of this Contract with respect to the Consultants’ costs and charges referred to in subparagraph (1) of this Clause SC 6. (B) the cost of backstopping by home office staff not included in the Personnel listed in Appendix C. the Procuring Entity shall be entitled to introduce appropriate modifications in the remuneration rates affected by such materially incomplete or inaccurate representations. and (ii) by the form “Breakdown of Agreed Fixed Rates in Consultants’ Contract. (ii) that bonuses or other means of profit-sharing shall not be allowed as an element of overhead.” dated [Fill in the date of the Form properly executed by the Consultants]. which was executed by the Consultants at the conclusion of such negotiation [Note: A model of such a form is attached at the end of these SC as Model Form II.” dated [Fill in the date of the Form properly executed by the Consultants]. the Procuring Entity should request the Consultants to submit this Form no later than at the beginning of the negotiation. and together with the necessary salary slips]. as such representations are evidenced (i) by the form “Consultants’ Representations regarding Costs and Charges.2(b)(i) in the SC. which was submitted by the Consultants to the TheProcuring Entity during such negotiation [Note: A model of such a form is attached at the end of these SC as Model Form I.

(2) Remuneration for periods of less than one month shall be calculated on an hourly basis for actual time spent in the Consultants’ home office and directly attributable to the Services (one hour being equivalent to 1/240th of a month) and on a calendar-day basis for time spent away from home office (one day being equivalent to 1/30th of a month).3(b)(i) Remuneration for foreign and local Personnel shall be paid in foreign currency [and remuneration for local Personnel shall be paid in local currency]. and (C) the Consultants’ fee.4(d) of this Contract. depending on whether local Personnel is paid in foreign or local currency—see Clause SC 6.98 payments to be made by the Procuring Entity to the Consultants. the above representations are not required. . once the applicable salaries and allowances are known. 6. with the written approval of the Procuring Entity. 6.3(b)(i). and the text set forth below should be used as Clause SC 6. and (iii) that any rates specified for persons not yet appointed shall be provisional and shall be subject to revision. Note 2: Where price is an evaluation criterion. 6. The rates for foreign [and local] Personnel are set forth in Appendix G [and the rates for local Personnel.2(b) (i) in the SC.3(b)(ii) The reimbursable expenditures in foreign currency shall be the following: (1) a per diem allowance for each of the foreign or local Personnel for every day in which such Personnel shall be absent from his home office and shall be outside the Republic of Rwanda for the purpose of the Services at the daily rate specified in Appendix G. in Appendix H]. Note: Select the correct wording. Note: Select the correct wording—see Clause SC 6. the Consultants shall reimburse to the Procuring Entity any excess payment within thirty (30) days of receipt of a written claim of the Procuring Entity. (ii) that bonuses or other means of profit-sharing shall not be allowed as an element of overhead. Any such claim by the Procuring Entity for reimbursement must be made within twelve (12) calendar months after receipt by the Procuring Entity of a final report and a final statement approved by the Procuring Entity in accordance with Clause GC 6. (B) the cost of backstopping by home office staff not included in the Personnel listed in Appendix C.2(b)(ii) (1) It is understood (i) that the remuneration rates shall cover (A) such salaries and allowances as the Consultants shall have agreed to pay to the Personnel as well as factors for social charges and overhead.2(b)(ii).3(a) The foreign currency [currencies] shall be the following: N/A 6.

(4) the cost of printing. this shall be by less than first class. airport taxes. shipment and handling of the following equipment. (iii) the cost of transportation to and from the Republic of Rwanda of eligible dependents who shall be the spouse and not more than two (2) unmarried dependent children under eighteen (18) years of age of those of the foreign Personnel assigned to resident duty in the Republic of Rwanda for the purpose of the Services for periods of six (6) consecutive months or longer. If the assignment period for resident staff of the foreign Personnel will be thirty (30) months or more. at a fixed unit price per round trip as specified in Appendix G. instruments. (ii) for any foreign Personnel spending twenty-four (24) consecutive months or more in the Republic of Rwanda. duration. and (v) miscellaneous travel expenses such as the cost of transportation to and from airports. one extra economy class air trip for their eligible dependents for every twenty-four (24)month assignment will be reimbursed. by the most appropriate means of transport and the most direct practicable route to and from the Consultants’ home office. etc. as specified below. reproducing and shipping of the documents. provided that the stay of such dependents in the Republic of Rwanda shall have been for not less than three (3) consecutive months. materials and supplies required for the . eligible dependents of the foreign Personnel. vaccinations. specified in Appendices A and B hereof. (3) the cost of communications (other than those arising in the Republic of Rwanda) reasonably required by the Consultants for the purposes of the Services. reports. etc. travel permits. passport. visas.. in the case of air travel. one extra round trip will be reimbursed for every twenty-four (24) months of assignment in the Republic of Rwanda. drawings. and each eligible dependent. Such Personnel will be entitled to such extra round trip only if upon their return to the Republic of Rwanda. or the equivalent in cost of unaccompanied baggage or air freight. such Personnel are scheduled to serve for the purposes of the Assignment for a further period of not less than six (6) consecutive months. (iv) for the air travel of each of the foreign Personnel. (5) the cost of acquisition. the cost of excess baggage up to twenty (20) kilograms per person.99 (2) the following transportation costs: (i) the cost of international transportation of the foreign Personnel and.

camp services.100 Services: [amount]. (11) the cost of items not covered in the foregoing but which may be required by the Consultants for completion of the Services.3(b)(iii) The reimbursable expenditures in local currency shall be the following: (1) a per diem allowance at a rate in local currency equivalent to [name agreed foreign currency specified in Clause SC 6. supplies.e. with less than twelve (12) months consecutive stay in the Republic of Rwanda for the first ninety (90) days during which such Personnel shall be in the Republic of Rwanda.1(b)] per day. others may be added. (6) the cost of shipment of personal effects up to [amount]. all if and to . (3) a living allowance for each of the long-term foreign Personnel (twelve (12) months or longer consecutive stay in the Republic of Rwanda) at the rates specified in Appendix H. the computers for the purposes of the Services at the rate set forth in Appendix G. and (12) any such additional payments in foreign currency for properly procured items as the Parties may have agreed upon pursuant to the provisions of Clause GC 6. (2) a per diem allowance at a rate in local currency equivalent to [name agreed foreign currency specified in Clause SC 6. Note: Items that are not applicable should be deleted. (4) the cost of the following locally procured items: local transportation. model tests and other technical services authorized or requested by the Procuring Entity. soil testing. (7) the cost of programming and use of.1(c). for each of the short-term foreign Personnel for each day in excess of ninety (90) days during which such Personnel shall be in the Republic of Rwanda. as specified in Appendix G. and communication between. as specified in Appendix G. (8) the cost of training of the Procuring Entity personnel outside the Republic of Rwanda. office accommodations.1(b)] per day. subcontracted services.. subject to the prior authorization in writing by the Procuring Entity. camp facilities. equipment rentals. 6. (10) the foreign currency cost of any subcontract required for the Services and approved in writing by the Procuring Entity. for each of the short-term foreign Personnel (i. (9) the cost of laboratory tests on materials. utilities and communication charges arising in the Republic of Rwanda.

101 the extent required for the purpose of the Services. In the case the parties opt for national arbitration it shall be carried out in accordance with the relevant applicable rules and procedures.4(e) The accounts are: for foreign currency: [insert account] for local currency: [insert account] 8.3(b)(ii) in case local Personnel have to work for extended time periods at considerable distance from their normal duty station. 6.4(a) The following provisions shall apply to the advance payment and the advance payment guarantee: (1) An advance payment [of [amount] in foreign currency] [and of [amount] in local currency] [Note: The advance payment could be in either or both of the currencies] shall be made within [number] days after the Effective Date. (2) The bank guarantee shall be in the amount and in the currency of the [foreign] [local] currency portion of the advance payment [Note: Select the applicable solution]. The advance payment will be refunded by the Procuring Entity in equal installments against the statements for the first [number] months of the Services until the advance payment has been fully refunded. (5) the cost of equipment. a provision drafted along the lines of paragraph (2) of Clause SC 6. Note: Items that are not applicable should be deleted. This guarantee must be equivalent to the advance payment. others may be added. at rates specified in Appendix H. (7) any such additional payments in local currency for properly procured items as the Parties may have agreed upon pursuant to the provisions of Clause GC 6. 6.4(c) The interest rate is: [rate] 6. . as agreed in writing by the Procuring Entity. materials and supplies to be procured locally in the Republic of Rwanda as specified in Appendix H.1(c).2 Disputes shall be settled by National Courts or arbitration. and (8) the cost of such further items as may be required by the Consultants for the purpose of the Services. like e.g. (6) the local currency cost of any subcontract required for the Services and approved in writing by the Procuring Entity..

D. on receipt of such list. Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator or an arbitration panel composed of three arbitrators. [insert the name of the same professional body as above] shall appoint. Except as stated herein. and these two arbitrators shall jointly appoint a third arbitrator. the Parties shall alternately strike names therefrom. If the last remaining nominee has not been determined in this manner within sixty (60) days of the date of the list. the Procuring Entity and the Consultants shall each appoint one arbitrator. Switzerland] for a list of not fewer than five nominees and.2 1. (c) If. The Hague. and the arbitrator appointed pursuant to such application shall be the sole arbitrator for that dispute. Rules of Procedure.(b)] to appoint a sole arbitrator for the matter in dispute. (b) Where the Parties do not agree that the dispute concerns a technical matter. who shall chair the arbitration panel.. in accordance with the following provisions: (a) Where the Parties agree that the dispute concerns a technical matter. 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 arbitrators named by the Parties has been appointed.C.g. at the request of either Party. either Party may apply to [name an appropriate international professional body. and the last remaining nominee on the list shall be the sole arbitrator for the matter in dispute. the Secretary General of the Permanent Court of Arbitration.g. etc. the Federation Internationale des Ingenieurs-Conseil (FIDIC) of Lausanne. the third arbitrator shall. e. Paris. a sole arbitrator for the matter in dispute. one Party fails to appoint its arbitrator within thirty (30) days after the other Party has appointed its arbitrator. 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.]. they may agree to appoint a sole arbitrator or. the International Chamber of Commerce.. be appointed by [name an appropriate international appointing authority.2 1. Washington. the Party which has named an arbitrator may apply to the [name the same appointing authority as in Clause SC 8. upon the request of either Party and from such list or otherwise.(b). the Secretary General of the International Centre for Settlement of Investment Disputes. Selection of Arbitrators. 2.102 In the case the parties opt for international arbitration it shall be carried out in accordance with the following provisions: 1.. e. 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. in a dispute subject to Clause SC 8. .

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3.

Substitute Arbitrators. If for any reason an arbitrator is unable to
perform his 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 (a) through (c) of
Clause SC 8.2 1 hereof shall be an internationally recognized legal or
technical expert with extensive experience in relation to the matter in
dispute and shall not be a national of the Consultants’ home country
[Note: If the Consultants consist of more than one entity, add: or of
the home country of any of their Members] or of the Republic of
Rwanda. For the purposes of this Clause, “home country” means any
of:

5.

.

(a)

the country of incorporation of the Consultants [Note: If the
Consultants consist of more than one entity, add: or of any of
their Members]; or

(b)

the country in which the Consultants’ [or any of their Members’]
principal place of business is located; or

(c)

the country of nationality of a majority of the Consultants’ [or of
any Members’] shareholders; or

(d)

the country of nationality of the Subconsultant concerned, where
the dispute involves a subcontract.

Miscellaneous. In any arbitration proceeding hereunder:
(a)

proceedings shall, unless otherwise agreed by the Parties, be held
in [location];

(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.

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105

Appendices

Appendix A—Description of the Services
Give detailed descriptions of the Services to be provided, dates for completion of various tasks,
place of performance for different tasks, specific tasks to be approved by the Procuring Entity,
etc.

Appendix B—Reporting Requirements
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.”

Appendix C—Key Personnel and Subconsultants
List under:

C-1

Titles [and names, if already available], detailed job descriptions and
minimum qualifications of Key foreign Personnel to be assigned to work
in the Republic of Rwanda, and staff-months for each.

C-2

Same information as C-1 for Key local Personnel.

C-4

Same as C-1 for Key Personnel to be assigned to work outside the
Republic of Rwanda.

C-4

List of approved Subconsultants (if already available); same
information with respect to their Personnel as in C-1 through C-4.

if any. entitlement. . facilities and property to be made available to the Consultants by the Procuring Entity.4(a)). sick leave pay. to overtime pay. vacation leave pay.” Appendix E—Hours of Work for Key Personnel List here the hours of work for Key Personnel. state here “Not applicable. If there is no need for a medical certificate. etc.106 Appendix D—Medical Certificate Show here an acceptable form of medical certificate for foreign Personnel to be stationed in the Republic of Rwanda. Appendix F—Duties of the Procuring Entity List under: F-1 Services. F-2 Counterpart personnel to be made available to the Consultants by the Procuring Entity. travel time to and from the Republic of Rwanda for foreign Personnel (Clause GC 4.

rentals. etc. utilities. plus estimated totals. (b) Air transport for foreign Personnel. etc. (g) Acquisition of specified equipment and materials to be imported by the Consultants and to be paid for by the Procuring Entity (including transportation to the Republic of Rwanda). Appendix H—Cost Estimates in Local Currency List hereunder cost estimates in local currency: 1. 2. (f) Printing of documents specified in Appendices A and B hereof. (d) Transport of personal effects. various tests. Reimbursable expenditures as follows: (a) Per diem rates for subsistence allowance for foreign short-term Personnel. foreign training of the Procuring Entity staff. like use of computers. (b) Living allowances for long-term foreign Personnel.107 Appendix G—Cost Estimates in Foreign Currency List hereunder cost estimates in foreign currency: 1. Reimbursable expenditures (a) Per diem allowances. plus estimated totals. Monthly rates for local Personnel (Key Personnel and other Personnel) 2. (c) Cost of local transportation. (h) Other foreign currency expenditures. Note: This should be added if local Personnel is also being paid in foreign currency. . (a) (b) Monthly rates for foreign Personnel (Key Personnel and other Personnel) Monthly rates for local Personnel (Key Personnel and other Personnel). (c) Air transport for dependents. (d) Cost of other local services. (e) International communications.

addition or modification. The Procuring Entity should insert here an acceptable form of a bank guarantee. [amount of Guarantee in words].108 Appendix I—Form of Bank Guarantee for Advance Payments Note: See Clause GC 6. [name. TO: [Name and Address of the Procuring Entity] [Name of Contract for Consultants’ Services] Gentlemen: In accordance with the provisions of Clauses GC 6. the [bank or financial institution]. the payment to [name of the Procuring Entity] on his first demand without whatsoever right of objection on our part and without his first claim to the Consultants. agree unconditionally and irrevocably to guarantee as primary obligor and not as Surety merely.4(a). Signature and Seal Name of Bank/Financial Institution Address Date 3 _____________ _____________ _____________ _____________ An amount is to be inserted by the bank or financial institution as specified in Clause SC 6. legal status and address of Consultants] (hereinafter called “the Consultants”) shall deposit with [name of Procuring Entity] a bank guarantee to guarantee their proper and faithful performance under the said provisions of the Contract in an amount of [amount of Guarantee].4(a) and SC 6.4(a) and Clause SC 6. Yours truly. in the amount not exceeding [amount of Guarantee].3 We. . shall in any way release us from any liability under this guarantee.4(a). We further agree that no change or addition to or other modification of the terms of the Contract which may be made between [name of the Procuring Entity] and the Consultants. and we hereby waive notice of any such change. as instructed by the Consultants. This guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until [name of the Procuring Entity] receives full repayment of the same amount from the Consultants. An example is set forth below. [amount of Guarantee in words].4(a) of the above-mentioned Contract (hereinafter called “the Contract”).