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7/5/2017

Pokhara University
M. Sc. Construction Management Meaning of a Consultant
IIIrd Semester • a person who provides expert advice professionally.
• A consultant is usually an expert or a professional in a
specific field and has a wide knowledge of the subject
• Chapter:- 2 Working With Consultants
matter.
• A consultant is an experienced individual that is trained
• Refer- to analyze and advise a client in order to help the client
• Consultant Procurement Guidelines ADB (ww.adb.org) make the best possible choices.
• Consultant Procurement Guidelines WB (ww.wb.org) • In the general sense, a consultant is an individual with
• Consultant Procurement- PPA 2063; PPR, 2064 vast knowledge and experience in a specific
• Standard Bidding Documents for procuring Consultant, PPMO professional field.
(www.ppmo.gov.np) • Consultants are hired to lend their expertise to clients in
need of insight they do not possess.
Nec cps

Why a Consultant?
Why We Engage consultants?
• Consultants are paid to share their expertise and knowledge to
help businesses attain goals and solve problems.
• Consulting is a wide-ranging field with positions in innumerable • As a disinterested or disinvested party
industries. • As a specific expert that doesn’t reside in
• Consultants are often used prior to, and during, the start-up of a house
new business or to re-energize a flailing business.
• Consultants are also brought in when a business needs • As a model to bring people together
reorganization, including the termination of individual employees • As an additional support “another pair of
or entire departments.
• A client will retain a consultant's services until the goal or
hand”
obligations of the particular endeavour have been met. The time • As an independent service provider
period for consultancy can vary in length, depending on the needs
of the client and on any unforeseen problems or additions to the • Donors conditions
project for which the consultant was hired.

Skills Required for a Consultant ? Business of an Engineering Consultant


• Engineers are involved with the design, development and
• Successful consultants derive their skill set from a construction of a huge range of projects in the built and
combination of learned techniques acquired from natural environment.
higher education and, to a lesser degree, innate • Their role is central to ensuring the safe, timely and well-
personality traits. These skills include the resourced completion of projects in many areas.
following: • Consulting civil engineers liaise with clients to plan,
– Logical reasoning manage, design and supervise the construction of projects.
– Leadership • They work in a number of different settings and, with
– Communication experience, can run projects as a project manager.
– Ingenuity • Civil engineering offers many opportunities as well as the
– Ability to work well with others satisfaction of helping to improve and enhance public
quality of life in many settings

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Civil Engineer Consultant Civil Engineer Consultant


Responsibilities and Duties Responsibilities and Duties
• As a civil engineer, one will plan, design and  Involve in groundwork and review of A&E and statement of
manage construction projects. work (SOW).
 Interact with civil engineers/architects for different projects.
• These can range from the relatively small-scale, for
 Execute the work as field engineer consultant.
example bridge repairs, through to large national
 Collaborate with senior consultants to execute risk analysis
schemes, like the building of a new stadium.
studies.
• In this regard the responsibility of a Civil Engineer  Execute risk management processes and construction
Consultant can be listed as- frameworks.
 Plan, design and inspect construction work of various civil  Handle and manage asset management services.
projects.  Provide risk- based technical assessments.
 Oversee design and construction aspects of assigned civil  Provide civil engineering related technical assistance and
projects. training guidance.

Provision of Consultant Procurement in PPA,2063 Provision of Consultant Procurement in PPA,2063


• Chapter 4 of the Act • Chapter 4 of the Act
• Provisions Relating to Consultancy Services • Provisions Relating to Consultancy Services
• 29. Consultancy Services May be Procured:  30. Short List to be Prepared by Soliciting Expression of
– (1) A Public Entity may procure consultancy services Interest Openly
from any person, firm, organization or company in the  31. Soliciting Proposals
following conditions:-  32. Opening of Proposals
• (a) If any work cannot be performed by the human resource  33. Evaluation of Technical Proposal
available at the concerned Public Entity, or  34. Opening of Financial Proposal
• (b) If a service is required to be obtained from a consultant
under the foreign aid source in accordance with an  35. Evaluation of Financial Proposal
agreement with a donor party.  36. Rejection of Proposal and Cancellation of Procurement
– (2) In procuring the consultancy services under Sub- Proceedings
section (1), procurement shall be made by fulfilling  37. Negotiations with the Proponent
the procedures referred to in this Act.  38. Procurement Contract to be Concluded
 Other Provision for Consultancy Services

Provision of Consultant Procurement in PPA,2063 Provision of Consultant Procurement in PPA,2063


• Chapter 4 of the Act • Chapter 4 of the Act
• Provisions Relating to Consultancy Services • Provisions Relating to Consultancy Services
 31. Soliciting Proposals  31. Soliciting Proposals
– ....there shall be set forth which of the following
methods shall be used for the selection of
proposals:-
• (a) Quality and cost method,
• (b) Quality method,
• (c) Fixed Budget method, or
• (d) Least cost method.

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Provision of Consultant Procurement in PPA,2063 Consultant’s Personnel


• 36. Rejection of Proposal and Cancellation of • Consultant/ Engineer- The Consulting Company (sole or JV but not the
Procurement Proceedings: associate)
• Consultant/ Engineer’s Representative- the Team Leader
• (1) The Public Entity may reject all proposals or cancel • It is anticipated that the Consultant's organization will be as set out in
the procurement proceedings in the following Staffing Input, although in preparing their proposals the consultants
conditions:- may propose alternative arrangements which in their opinion, will
– (a) If all the received proposals are not substantially provide supervision services of an equivalent quality.
responsive to the terms of reference, • Consultant’s Personnel (depending upon the nature of job)
– Deputy Team Leader
– (b) If the cost offered by the selected proponent is – Designer
substantially more than the cost estimate and available – Quantity Surveyor
budget, – Supervision Engineer (RE/ARE)
– (c) If the consultancy service is no longer required or, – Quality Control Engineer
– (d) If it is proved that the proponents have submitted – Claim Specialist
the proposal by mutual collusions. – Environmentalist
– Social Expert
– Provided that the proposal of those proponents who
have not colluded may be processed. • Qualification and experience mentioned in the contract doc.

Consultant’s Personnel- Typical Example Qualification and Experience- Example


S.N. Required Expertise Person-month Inputs A. INTERNATIONAL STAFF
A. International
(1) Team Leader /Chief Resident Engineer
1 Team Leader/ Chief Resident Engineer 44 months
i. Educational Qualification
2 Bridge Engineer/ Expert 6 months
 Minimum  Graduate in Civil Engineering
Total International Staff 50 months  Desirable  Masters in Transport Engineering/Highway Engineering/ Construction
B. National Management
i. Experience
1 Resident Engineers 156 months  Total Experience  15 years
2 Assistant Resident Engineers 237 months  Experience in Related Field  12 years in Road Works
3 Material/Pavement Engineers 126 months  Experience in the Proposed Field of Expertise  7 years experience as a Team Leader out of which minimum 4 years experience
with 2 Road/ Bridge projects construction supervision of size approximately
4 Bridge/Structure Engineers 30 months $30 million each. Experience in FIDIC contract is desirable
5 Contract Specialist 12 months
i. Language Communicate fluently in English Language
6 Transport Economist 12 months
7 Environmental/Bioengineering Specialist 12 months (2) Bridge Engineer/ Expert
i. Educational Qualification
8 Social/Resettlement Specialist 36 months  Minimum  Graduate in Civil Engineering
9 Senior Inspector of Works (SIOW) 456 months  Desirable  Masters in Bridge/ Structural Engineering
i. Experience
10 Lab Technicians 234 months  Total Experience  12 years
11 Social resettlement staff 88 months  Experience in Related Field  10 years in Bridge Design/ Supervision
 Experience in the Proposed Field of Expertise  5 years experience as Bridge engineer/ expert and minimum experience of
12 Surveyor 24 months construction/ supervision of 2 pre-stressed high way bridges.
Professional 450 pm i. Language Communicate fluently in English Language
Total National Staff
&Tech. Support 802 pm i. Experience
i. Language Communicate fluently in English Language

Qualification and Experience- Example Accepting Replacement


NATIONAL STAFF
• Equal or better marks in aggregate
1. Resident Engineer
i.

Educational Qualification
Minimum  Graduate in Civil Engineering
• Replacement of Key Experts (ADB)
 Desirable  Masters in Transport Engineering/Highway Engineering/ Construction
Management – 30.1 Except as the Client may otherwise agree in
i.

Experience
Total Experience  12 years writing, no changes shall be made in the Key Experts.
 
– 30.2
Experience in Related Field 8 years in Road Works
 Experience in the Proposed Field of  5 years experience as a Resident Engineer or 10 Years as ARE in Notwithstanding the above, the substitution of
Expertise Road Projects with minimum experience of 2 Road projects.
Experience in FIDIC contract is desirable Key Experts during Contract execution may be
i. Language Communicate fluently in English Language considered only based on the Consultant’s written
1. Assistant Resident Engineer
request and due to circumstances outside the
i.

Educational Qualification
Minimum  Graduate in Civil Engineering
reasonable control of the Consultant, including but not
 Desirable  Masters in Transport Engineering/ Highway Engineering/ Construction
Management
limited to death or medical incapacity. In such case, the
i.

Experience
Total Experience  10 years
Consultant shall forthwith provide as a replacement, a


Experience in Related Field 
Experience in the Proposed Field of 
5 years in Road Works
3 years experience as a Assistant Resident Engineer or 5 Years as
person of equivalent or better qualifications and
Expertise SIOW (after completion of Graduation in Civil Engineering) in Road
Projects with minimum experience of 2 Road projects. Experience in
experience, and at the same rate of remuneration.
FIDIC contract is desirable

i. Language Communicate fluently in English Language

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Communication With Consultant


Consultant Moves in- Kick off Meeting • Law Governing Contract
– This Contract, its meaning and interpretation, and the relation between
the Parties shall be governed by the Applicable Law.
• Effectiveness of Contract
• Language
– This Contract shall come into force and effect on the date – This Contract has been executed in the language specified in the SCC,
(the “Effective Date”) of the Client’s notice to the which shall be the binding and controlling language for all matters relating
Consultant instructing the Consultant to begin carrying out to the meaning or interpretation of this Contract.
the Services. This notice shall confirm that the • Headings
effectiveness conditions, if any, listed in the SCC have been – The headings shall not limit, alter or affect the meaning of this Contract.
met. • Communications
– Any communication required or permitted to be given or made pursuant
• Commencement of Services to this Contract shall be in writing in the language specified in Clause GCC
4. Any such notice, request or consent shall be deemed to have been given
– The Consultant shall confirm availability of Key Experts and or made when delivered in person to an authorized representative of the
begin carrying out the Services not later than the number Party to whom the communication is addressed, or when sent to such
of days after the Effective Date specified in the SCC. Party at the address specified in the SCC.
– A Party may change its address for notice hereunder by giving the other
• Before commencement of service there will be kick off Party any communication of such change to the address specified in the
meeting between the client and the consultant. SCC.

Communication With Consultant- SCC


Consultant’s Reporting Requirements
Number of GC Amendments of, and Supplements to, Clauses in the General Conditions of
Clause Contract

1.1(b) and 3.1 The Contract shall be construed in accordance with the law of [insert country
• REPORTS
name].
Note: Bank-financed contracts normally designate the law of the
• All original drawing, work sheets, field notes, computer
[Government’s/Client’s] country as the law governing the contract. However, the program, reports, and other documents relating to the study
Parties may designate the law of another country, in which case the name of the
respective country should be inserted, and the square brackets should be removed.] shall become the property of the Client.
4.1 The language is English. • Inception Report
6.1 and 6.2 The addresses are: • The Consultant shall submit Inception Report (6 copies to the
Client :
client) within one month of the commencement of services.
Attention :
Facsimile :
The Report will include the consultants' detailed work program
E-mail (where permitted): (including methodology and details of special investigation
Consultant :
proposed and any revision needed in the original proposal and
Attention :
Facsimile : the design criteria).
E-mail (where permitted) :

Consultant’s Reporting Requirements


• Construction Supervision Stage Reports
Consultant’s Reporting Requirements
• Progress Reports
• The Consultants shall submit progress reports every month and detailed
• Construction Supervision Stage Reports
quarterly reports on the progress of work (5 copies) with electronic copies. – As Built Drawings
Monthly reports shall be submitted within tenth day of successive month and • The Consultants will approve the as-built drawings submitted
quarterly report within 15th day of the next month after the end of the
quarter. The first report will be submitted on the 10th day of the month by the civil work contractors and transmit item to the
following the submission of the Inception Report. The reports will summarize Government one set of as built drawings for all civil works in
the work performed during the reporting period, identifying the causes of digital form (CD Rom in AutoCAD compatible files) and six
significant delays and indication the corrective actions taken or recommended. hard copies thereof within time limit specified in the work
• Monthly reports, and other reports as applicable, are to include schedules of contract.
contract payments and variation order, graphical representations of progress
against program, based on the approved contract schedules, charts of physical – Project Completion Report
progress on major items, relevant photographs and details of impediments to • Upon completion of the project, the consultants shall submit
the works and proposals for overcoming those problems and also list of
imported items, its utilization and use. 10 copies of project completion reports.

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Contributing and Listening to the Consultant Contributing and Listening to the Consultant
• Assistance and Exemptions • Assistance and Exemptions
• (e) Assist the Consultant and the Experts and any Sub-consultants • (e) Assist the Consultant and the Experts and any Sub-consultants
employed by the Consultant for the Services with obtaining exemption employed by the Consultant for the Services with obtaining exemption
from any requirement to register or obtain any permit to practice their from any requirement to register or obtain any permit to practice their
profession or to establish themselves either individually or as a corporate profession or to establish themselves either individually or as a corporate
entity in the Client’s country according to the applicable law in the Client’s entity in the Client’s country according to the applicable law in the Client’s
country. country.
• (f) Assist the Consultant, any Sub-consultants and the Experts of either • (f) Assist the Consultant, any Sub-consultants and the Experts of either
of them with obtaining the privilege, pursuant to the applicable law in the of them with obtaining the privilege, pursuant to the applicable law in the
Client’s country, of bringing into the Client’s country reasonable amounts Client’s country, of bringing into the Client’s country reasonable amounts
of foreign currency for the purposes of the Services or for the personal use of foreign currency for the purposes of the Services or for the personal use
of the Experts and of withdrawing any such amounts as may be earned of the Experts and of withdrawing any such amounts as may be earned
therein by the Experts in the execution of the Services. therein by the Experts in the execution of the Services.
• (g) Provide to the Consultant any such other assistance as may be • (g) Provide to the Consultant any such other assistance as may be
specified in the SCC. specified in the SCC.

Contributing and Listening to the Consultant Contributing and Listening to the Consultant
• Services, Facilities and Property of the Client • Services, Facilities and Property of the Client
• The Client shall make available to the Consultant and the Experts, • Counterpart Personnel
for the purposes of the Services and free of any charge, the • The Client shall make available to the Consultant free of charge such
services, facilities and property described in the Terms of Reference professional and support counterpart personnel, to be nominated by the
(Appendix A) at the times and in the manner specified in said Client with the Consultant’s advice, if specified in Appendix A.
Appendix A. • If counterpart personnel are not provided by the Client to the Consultant
as and when specified in Appendix A, the Client and the Consultant shall
• In case that such services, facilities and property shall not be made
agree on (i) how the affected part of the Services shall be carried out, and
available to the Consultant as and when specified in Appendix A, (ii) the additional payments, if any, to be made by the Client to the
the Parties shall agree on (i) any time extension that it may be Consultant as a result thereof pursuant to Clause GCC 41.3.
appropriate to grant to the Consultant for the performance of the • Professional and support counterpart personnel, excluding Client’s liaison
Services, (ii) the manner in which the Consultant shall procure any personnel, shall work under the exclusive direction of the Consultant. If
such services, facilities and property from other sources, and (iii) any member of the counterpart personnel fails to perform adequately any
the additional payments, if any, to be made to the Consultant as a work assigned to such member by the Consultant that is consistent with
result thereof pursuant to Clause GCC 41.3. the position occupied by such member, the Consultant may request the
replacement of such member, and the Client shall not unreasonably refuse
to act upon such request.

Contributing and Listening to the Consultant


• Access to Project Site
Handling Change in the Scope of Work
• The Client warrants that the Consultant shall have, free of charge, unimpeded
access to the project site in respect of which access is required for the
performance of the Services. The Client will be responsible for any damage to • Approval of Additional Key Experts
the project site or any property thereon resulting from such access and will
indemnify the Consultant and each of the experts in respect of liability for any • If during execution of the Contract, additional Key
such damage, unless such damage is caused by the willful default or negligence Experts are required to carry out the Services, the
of the Consultant or any Sub-consultants or the Experts of either of them.
• Payment Obligation Consultant shall submit to the Client for review
• In consideration of the Services performed by the Consultant under this and approval a copy of their Curricula Vitae (CVs).
Contract, the Client shall make such payments to the Consultant and in such
manner as is provided by GCC. • If the Client does not object in writing (stating the
• Taxes and Duties
• The Consultant, Sub-consultants and Experts are responsible for meeting any reasons for the objection) within twenty two (22)
and all tax liabilities arising out of the Contract unless it is stated otherwise in days from the date of receipt of such CVs, such
the SCC.
• As an exception to the above and as stated in the SCC, all local identifiable additional Key Experts shall be deemed to have
indirect taxes (itemized and finalized at Contract negotiations) are reimbursed
to the Consultant or are paid by the Client on behalf of the Consultant.
been approved by the Client.

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Thank You

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