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REPUBLIC OF INDONESIA

MINISTRY OF PUBLIC WORKS


DIRECTORATE GENERAL OF WATER RESOURCES

REQUEST FOR PROPOSALS


( RFP )

Selection of Consultants
of
CONSULTING SUPERVISION
for
CONSTRUCTION OF KARIAN MULTIPURPOSE DAM PROJECT
under
Loan EDCF INA-19

The Export-Import Bank of Korea

September 24th, 2012


ii

DEFINITION

Bank The Export-Import Bank of Korea which has been entrusted by the
Government of the Republic of Korea with the operation and management of
the Economic Development Cooperation Fund (hereinafter referred to as
"EDCF").
Employer The agency with which the selected Consultant signs the Contract for the
Services.
Consultant Any firm or entity that may provide or provides the Services to the Employer
under the Contract.
Contract The Contract signed by the Parties (the Employer and the Consultant) and all
the attached documents listed in its Clause 1, namely the General Conditions
of Contract (GCC), the Special Conditions of Contract (SCC), and the
Appendices.
Data Sheet Such part of the Information to Consultants used to reflect specific country
and service conditions.
Day Calendar day.
Government The government of the Employer’s country.
ITC “Information to Consultants” (Section 2 of the RFP) means the document
which provides short-listed Consultants with all information needed to
prepare their Proposals.
LOI “Letter of Invitation” (Section 1 of the RFP) being sent by the Employer to
the short-listed Consultants.
Personnel Professionals and support staff provided by the Consultant or by any Sub-
Consultant and assigned to perform the Services or any part of thereof;
“Foreign Personnel” means such professionals and support staff who at the
time of being so provided had their official residence outside the
Government’s country; and “Local Personnel” means such professionals and
support staff who at the time of being so provided had their official residence
inside the Government’s country.
Project The Project for which the Services are being provided.
Proposal The Technical Proposal and the Financial Proposal.
QCBS Quality-Cost Based Selection.
RFP The Request for Proposals to be prepared by the Employer for the selection of
a consulting firm.
Services The work to be performed by the Consultant pursuant to the Contract.
Sub-Consultant Any firm or entity with whom the Consultant subcontracts any part of the
Services.
iii

TOR Terms of Reference means The document included in the RFP as Section 5
which explains the objectives, scope of work, activities, tasks to be
performed, respective responsibilities of the Employer and the Consultant,
and expected results and deliverables of the service.
iv

TABLE OF CONTENTS

Section No. Title of Section Page No.

Section 1 Letter of Invitation 1

Section 2 Information to Consultants 4


Data Sheet 17

Section 3 Technical Proposal – Sample Forms 44

Section 4 Financial Proposal – Sample Forms 63

Section 5 Terms of Reference 74

Section 6 Sample Form of Contract for 126


Consulting Services
Section 1. Letter of Invitation 1

SECTION 1
LETTER OF INVITATION
Section 1. Letter of Invitation 2

Section 1
Letter of Invitation

Jakarta, September 30th , 2012

Dear Mr./Ms.:

1. The Government of the Republic of Indonesia (hereinafter referred to as the “Borrower”)


has received a loan from the Export-Import Bank of Korea (hereinafter referred to as the
“Bank”) from the resources of the Economic Development Cooperation Fund (hereinafter
referred to as "EDCF") of the Republic of Korea toward the cost of Construction of
Karian Multipurpose Dam Project under Loan Agreement No. INA-19. The Borrower
intends to apply a portion of the funds to eligible payments under the contract for which
this Request for Proposals is issued.

2. The Directorate General of Water Resources of the Ministry of Public Works on behalf of
the Borrower now invites proposals to provide the following consulting services:
Consulting Supervision for Construction of Karian Multipurpose Dam Project. More
details on the services are provided in the Terms of Reference.

3. This Request for Proposal (RFP) has been addressed to the following shortlisted
Consultants:

 Korea Rural Community Corporation in consortium with Korea Engineering


Consultants Corp., PT. Indra Karya, PT. Wiratman, and PT. Mettana
 Soosung Engineering Co., LTD in Consortium with PT. Hasfarm Dian Konsultan
and PT. Ika Adya Perkasa
 Yongma Engineering Co., LTD in consortium with PT. Caturbina Guna Persada
and PT. Rayakonsult

You are therefore invited to submit technical and financial proposals for the consulting
services of which details are provided in the Terms of Reference. It is not permissible to
transfer this invitation to any other firm.

4. A firm will be selected under Quality and Cost Based Selection (QCBS) and procedures
described in this RFP, in accordance with the policies of The Export-Import Bank of
Korea (Government Agency for the EDCF) detailed in the Loan Agreement No. 19
including the Guidelines for the Employment of Consultants under the EDCF on revised
2005, Presidential Regulation no. 54/2010 and other Indonesian Regulation.

5. The RFP includes the following documents:


Section 1 - Letter of Invitation
Section 2 - Instructions to Consultants (including Data Sheet)
Section 3 - Technical Proposal - Standard Forms
Section 4 - Financial Proposal - Standard Forms
Section 5 - Terms of Reference
Section 6 - Standard Forms of Contract
Section 1. Letter of Invitation 3

6. Please inform us in writing or standard electronic means at the following address, upon
receipt that you received the Letter of Invitation.

Yours sincerely,

Procurement Committee for


Selection of Consulting Supervision for Construction of Karian Multipurpose Dam Project
Balai Besar Wilayah Sungai Cidanau-Ciujung-Cidurian
Directorate General of Water Resources
Jl. Ustadz Uzaer Yachya No. 1 Serang-Banten
Phone/Fax: (62) 254 206111/ (62) 254 227117
E-mail: karian.dam@aol.com
Section 2. Instruction to Consultants 4

SECTION 2
INSTRUCTIONS TO CONSULTANTS
Section 2. Instruction to Consultants 5

Section 2. Instructions to Consultants

1. Introduction 1.1 The Employer named in the Data Sheet will select a consulting
firm/organization (the “Consultant”) from those listed in the
Letter of Invitation, in accordance with the method of selection
specified in the Data Sheet.
1.2 The shortlisted Consultants are invited to submit a Technical
Proposal and a Financial Proposal, as specified in the Data Sheet,
for consulting services required for the service named in the Data
Sheet. The Proposal will be the basis for contract negotiations
and ultimately for a signed Contract with the Selected
Consultant.
1.3 Consultants should familiarize themselves with local conditions
and take them into account in preparing their Proposals. To
obtain first-hand information on the Services and local
conditions, Consultants are encouraged to visit the Employer
before submitting a proposal and to attend a pre-proposal
conference if one is specified in the Data Sheet. Attending the
pre-proposal conference is optional. Consultants should contact
the Employer’s representative named in the Data Sheet to
arrange for their visit or to obtain additional information on the
pre-proposal conference. Consultants should ensure that these
officials are advised of the visit in adequate time to allow them
to make appropriate arrangements.
1.4 The Employer will timely provide at no cost to the Consultants
the inputs and facilities specified in the Data Sheet, assist the
firm in obtaining licenses and permits needed to carry out the
services, and make available relevant project data and reports.
1.5 Consultants shall bear all costs associated with the preparation
and submission of their proposals and contract negotiation. The
Employer is not bound to accept any proposal, and reserves the
right to annul the selection process at any time prior to Contract
award, without thereby incurring any liability to the Consultants.
Conflict of 1.6 The Bank’s policy requires that Consultants provide
Interest professional, objective, and impartial advice and at all times hold
the Employer’s interests paramount, strictly avoid conflicts with
other services or their own corporate interests and act without
any consideration for future work.
1.6.1 Without limitation on the generality of the foregoing,
Consultants, and any of their affiliates, shall be considered
to have a conflict of interest and shall not be recruited,
under any of the circumstances set forth below:
Section 2. Instruction to Consultants 6

Conflicting (i) A firm that has been engaged by the Employer to


activities provide goods, works or services other than
consulting services for a project, and any of its
affiliates, shall be disqualified from providing
consulting services related to those goods, works or
services. Conversely, a firm hired to provide
consulting services for the preparation or
implementation of a project, and any of its affiliates,
shall be disqualified from subsequently providing
goods or works or services other than consulting
services resulting from or directly related to the
firm’s consulting supervision for such preparation or
implementation. For the purpose of this paragraph,
services other than consulting supervision are defined
as those leading to a measurable physical output, for
example surveys, exploratory drilling, aerial
photography, and satellite imagery.
Conflicting (ii) A Consultant (including its Personnel and Sub-
services Consultants) or any of its affiliates shall not be hired
for any service that, by its nature, may be in conflict
with another service of the Consultant to be executed
for the same or for another Employer. For example, 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, and a Consultant assisting a Employer
in the privatization of public assets shall not
purchase, nor advise purchasers of, such assets.
Similarly, a Consultant hired to prepare Terms of
Reference for an service should not be hired for the
service in question.
Conflicting (iii) A Consultant (including its Personnel and Sub-
relationships Consultants) that has a business or family relationship
with a member of the Employer’s staff who is
directly or indirectly involved in any part of (i) the
preparation of the Terms of Reference of the service,
(ii) the selection process for such service, or (iii)
supervision of the Contract, may not be awarded a
Contract, unless the conflict stemming from this
relationship has been resolved in a manner acceptable
to the Bank throughout the selection process and the
execution of the Contract.
1.6.2 Consultants have an obligation to disclose any situation of
actual or potential conflict that impacts their capacity to
serve the best interest of their Employer, or that may
reasonably be perceived as having this effect. Failure to
Section 2. Instruction to Consultants 7

disclose said situations may lead to the disqualification of


the Consultant or the termination of its Contract.
1.6.3 No agency or current employees of the Employer shall
work as Consultants under their own ministries,
departments or agencies. Recruiting former government
employees of the Employer to work for their former
ministries, departments or agencies is acceptable provided
no conflict of interest exists. When the Consultant
nominates any government employee as Personnel in their
technical proposal, such Personnel must have written
certification from their government or employer
confirming that they are on leave without pay from their
official position and allowed to work full-time outside of
their previous official position. Such certification shall be
provided to the Employer by the Consultant as part of his
technical proposal.
Unfair 1.7 If a shortlisted Consultant could derive a competitive advantage
Advantage from having provided consulting services related to the service
in question, the Employer shall make available to all shortlisted
Consultants together with this RFP all information that would in
that respect give such Consultant any competitive advantage
over competing Consultants.
Only one 1.8 Shortlisted Consultants may only submit one proposal. If a
Proposal Consultant submits or participates in more than one proposal,
such proposals shall be disqualified.
Proposal 1.9 The Data Sheet indicates how long Consultants’ Proposals must
Validity remain valid after the submission date. During this period,
Consultants shall maintain the availability of Professional staff
nominated in the Proposal. The Employer will make its best
effort to complete negotiations within this period. Should the
need arise, however, the Employer may request Consultants to
extend the validity period of their proposals. Consultants who do
not agree have the right to refuse to extend the validity of their
Proposals.
Fraud and 1.10 It is the Bank’s policy to require that Borrowers (including
Corruption beneficiaries of Bank loans), as well as consultants under the
EDCF-financed contracts, observe the highest standard of ethics
during the selection and execution of such contracts. In
pursuance of this policy, the Bank
(a) defines, for the purposes of this provision, the terms set forth
below as follows:
(i) “corrupt practice” means the offering, giving,
receiving, or soliciting, directly or indirectly, of any
thing of value to influence the action of a public official
Section 2. Instruction to Consultants 8

in the selection process or in contract execution;


(ii) “fraudulent practice” means a misrepresentation or
omission of facts in order to influence a selection
process or the execution of a contract;
(iii) “collusive practices” means a scheme or arrangement
between two or more consultants with or without the
knowledge of Borrower, designed to establish prices at
artificial, noncompetitive levels;
(iv) “coercive practices” means harming or threatening to
harm, directly or indirectly, persons or their property to
influence their participation in a procurement process,
or effect the execution of a contract.
(b) shall declare a proposal non-responsive if the Consultant fails
to submit the signed original and a copy of the “Anti-
Corruption and Anti-Malpractice Declaration” form to the
Bank and the Employer, respectively, before the proposal
submission deadline;
(c) shall reject a proposal for award if it determines that the
Consultant recommended for award has engaged in corrupt,
fraudulent practices in competing for the contract in question;
(d) shall declare a consultant ineligible, for a period determined
by the Bank, to be awarded a contract financed by an EDCF
loan if it at any time determines that the consultant has
engaged in corrupt or fraudulent practices in competing for,
or in executing, a contract financed by an EDCF loan.
2. Clarification 2.1 Consultants may request a clarification of any of the
and RFP documents up to the number of days indicated in the Data
Amendment of Sheet before the proposal submission date. Any request for
RFP Documents clarification must be sent in writing, or by standard electronic
means to the Employer’s address indicated in the Data Sheet.
The Employer will respond in writing, or by standard electronic
means and will send written copies of the response (including an
explanation of the query but without identifying the source of
inquiry) to all Consultants. Should the Employer deem it
necessary to amend the RFP as a result of a clarification, it shall
do so following the procedure under para. 2.2.
2.2 At any time before the submission of Proposals, the
Employer may amend the RFP by issuing an addendum in
writing or by standard electronic means. The addendum shall be
sent to all Consultants and will be binding on them. Consultants
shall acknowledge receipt of all amendments. To give
Consultants reasonable time in which to take an amendment into
account in their Proposals, the Employer may, if the amendment
Section 2. Instruction to Consultants 9

is substantial, extend the deadline for the submission of


Proposals.
3. Requirements 3.1 The Proposal (refer to para. 1.2), as well as all related
for Preparation correspondence exchanged by the Consultants and the Employer,
of Proposals shall be written in the language(s) specified in the Data Sheet.
3.2 In preparing their Proposal, Consultants are expected to
examine in detail the documents comprising the RFP. Material
deficiencies in providing the information requested may result in
rejection of a Proposal.
3.3 While preparing the Technical Proposal, Consultants
must give particular attention to the following:
(a) If a short-listed Consultant considers that it may enhance its
expertise for the service by associating with other Consultant
in a Consortium, it may associate with either (a) non short-
listed Consultant(s), or (b) short-listed Consultants if so
indicated in the Data Sheet. A short-listed Consultant must
first obtain the approval of the Employer if it wishes to enter
into a joint venture with non short-listed or short-listed
Consultant(s). in case of association with non short-listed
Consultant(s), the short-listed Consultant shall act as
association leader. In case of a joint venture, all patners shall
be jointly and severally liable and shall indicate who will act
as the leader of the joint venture. In case of assigning sub-
consultancy for some of the Consulting Services, the short-
listed Consultant shall be liable for the entire Consulting
Services.
(b) Alternative professional staff shall not be proposed, and only
one curriculum vitae (CV) may be submitted for each
position.
Language 3.4 Proposals to be submitted by the Consultants and all
other correspondence to be exchanged between by the Employer
and the Consultants before signing the Consulting Contract must
be in the language(s) specified in the Reference Paragraph 3.1 of
the Data Sheet. It is desirable that the Consultants’ Personnel
have a working knowledge of the Employer’s national language.
Technical 3.5 The Technical Proposal shall provide the information
Proposal indicated in the following paras from (a) to (g) using the attached
Format and Sample Forms (Section 3). Paragraph (c) indicates the
Content recommended description of the approach, methodology and
work plan of the Technical Proposal.
(a) A brief description of the Consultants’ organization and an
outline of recent experience of the Consultants and, in the
case of consortium, for each partner, on the Services of a
Section 2. Instruction to Consultants 10

similar nature are required in Form TECH-2 of Section 3.


For each Service, the outline should indicate the names of
Sub-Consultants/Professional staff who participated, duration
of the services, contract amount, and Consultant’s
involvement. Information should be provided only for those
services for which the Consultant was legally contracted by
the Employer as a corporation or as one of the major firms
within a joint venture. Assignments completed by individual
Professional staff working privately or through other
consulting firms cannot be claimed as the experience of the
Consultant, or that of the Consultant’s associates, but can be
claimed by the Professional staff themselves in their CVs.
The Consultants should be prepared to substantiate the
claimed experience if so requested by the Employer.
(b) Comments and suggestions on the Terms of Reference
including workable suggestions that could improve the
quality/effectiveness of the services; and on requirements for
counterpart staff and facilities including: administrative
support, office space, local transportation, equipment, data,
etc. to be provided by the Employer (Form TECH-3 of
Section 3).
(c) A description of the approach, methodology and work plan
for performing the services covering the following subjects:
technical approach and methodology, work plan, and
organization and staffing schedule. Guidance on the content
of this section of the Technical Proposals is provided under
Form TECH-4 of Section 3. The work plan should be
consistent with the Work Schedule (Form TECH-8 of Section
3) which will show in the form of a bar chart the timing
proposed for each activity.
(d) The list of the proposed Professional staff team by area of
expertise, the position that would be assigned to each staff
team member, and their tasks (Form TECH-5 of Section 3).
Consultants must be aware that all of the listed Professional
staff shall actually be assigned to the Services upon award of
Contract in accordance with their proposed positions and
tasks. Appendix (B or C, Key Personnel and Sub-
Consultants) of the Contract for Consulting Services shall be
in consistence with para. 3.5, though some minor changes
may be allowed through mutual discussions and agreement
between the Employer and the first-ranked Consultant during
contract negotiations.
(e) Estimates of the staff input (staff-months of foreign and local
professionals) needed to carry out the service (Form TECH-7
of Section 3). The staff-months input should be indicated
separately for home office and field activities, and foreign
Section 2. Instruction to Consultants 11

and local Professional staff.


(f) CVs of the Professional staff signed by the staff
themselves and by the authorized representative
submitting the proposal (Form TECH-6 of Section 3)
along with required document specified in the Data
Sheet.
(g) A detailed description of the proposed methodology
and staffing for training, if the Data Sheet specifies
training as a specific component of the service.
(h) A copy of the original signed form of the “Anti-
Corruption and Anti-Malpractice Declaration” (Form
TECH-9 of Section 3).
3.6 The Technical Proposal shall not include any financial
information. A Technical Proposal containing financial
information may be declared non responsive.
3.7 Financial Proposal
Format 3.7.1 The Financial Proposal shall be prepared
using the attached Standard Forms (Section 4). It shall
list all costs associated with the services, including (a)
remuneration for staff (foreign and local, in the field and
at the Consultants’ home office), and (b) other out-of-
pocket expenses indicated in the Data Sheet. If
appropriate, these costs should be broken down by
activity and, if appropriate, into foreign and local
expenditures. All activities and items described in the
Technical Proposal must be priced separately; activities
and items described in the Technical Proposal but not
priced, shall be assumed to be included in the prices of
other activities or items.
Bid Price and 3.7.2 The prices quoted in the Financial
Currency Proposal shall be in US Dollars (US$) and the Contract
Price shall be made and paid in Korean Won, unless
specified otherwise in the Data Sheet. The conversion
shall be made at the average of the telegraphic transfer
selling rates of Korean Won against US Dollar as quoted
and publicly displayed by the Bank, during the one
month period from the sixteenth (16th) day of two
calendar months prior to the month when the first
procurement contract for the consulting service is signed
respectively, to the fifteenth (15th) day of one calendar
month prior thereto.
Taxes 3.7.3 All taxes, duties and levies imposed on
goods and services in the Republic of Indonesia provided
Section 2. Instruction to Consultants 12

by the Consultants for the implementation of the Project


shall be either exempted or borne by the Borrower. The
exemption, however, will be valid only for the main
Consultant.
4. Preparation, 4.1 The original proposal (Technical Proposal and Financial
Submission, Proposal) shall contain no interlineations or overwriting, except
Receipt, and as necessary to correct errors made by the Consultants
Opening of themselves. The person who signed the proposal must initial
Proposals such corrections. Submission letters for both Technical and
Financial Proposals should respectively be in the format of
TECH-1 of Section 3, and FIN-1 of Section 4.
4.2 An authorized representative of the Consultants shall
initial all pages of the original Technical and Financial
Proposals. The authorization shall be in the form of a written
power of attorney accompanying the Proposal or in any other
form demonstrating that the representative has been dully
authorized to sign. The signed Technical and Financial Proposals
shall be marked “ORIGINAL”.
4.3 The Technical Proposal shall be marked “ORIGINAL” or
“COPY” as appropriate. The Technical Proposals shall be sent to
the addresses referred to in para. 4.5 and in the number of copies
indicated in the Data Sheet. All required copies of the Technical
Proposal are to be made from the original. If there are
discrepancies between the original and the copies of the
Technical Proposal, the original prevails.
4.4 The original and all copies of the Technical Proposal
shall be placed in a sealed envelope clearly marked “TECHNICAL
PROPOSAL” Similarly, the original Financial Proposal shall be
placed in a sealed envelope clearly marked “FINANCIAL
PROPOSAL” followed by the Loan number and the name of the
service, and with a warning “DO NOT OPEN WITH THE
TECHNICAL PROPOSAL.” The envelopes containing the
Technical and Financial Proposals shall be placed into an outer
envelope and sealed. This outer envelope shall bear the
submission address, reference number and title of the Loan, and
be clearly marked “DO NOT OPEN, EXCEPT IN PRESENCE OF
THE OFFICIAL APPOINTED, BEFORE [insert the time and date
of the submission deadline indicated in the Data Sheet]”. The
Employer shall not be responsible for misplacement, losing or
premature opening if the outer envelope is not sealed and/or
marked as stipulated. This aforementioned circumstance may be
case for Proposal rejection. If the Financial Proposal is not
submitted in a separate sealed envelope duly marked as indicated
above, this will constitute grounds for declaring the Proposal
non-responsive.
4.5 The Proposals must be sent to the address indicated in
Section 2. Instruction to Consultants 13

the Data Sheet and received by the Employer no later than the
time and the date indicated in the Data Sheet, or any extension to
this date in accordance with para. 2.2. Any proposal received by
the Employer after the deadline for submission shall be returned
unopened.
4.6 Consultants (including all parties/partners, and the
Representative in case of Joint Venture, Consortium or
Association) shall submit the original signed form (with
certificate of corporate seal registration) of the “Anti-Corruption
and Anti-Malpractice Declaration” (Form Technical-9 of Section
3) to the Bank (see the address indicated in the Data Sheet) by
mail or in person at or before the deadline for proposal
submission given under para. 4.5. A copy of the original signed
form shall be submitted to the Employer along with the
Technical Proposal.
Failure to submit the original signed form to the Bank and to
include a copy of the original signed form in the Technical
Proposal will constitute grounds for declaring the Proposal non-
responsive.
4.7 Technical Proposal shall be opened in the presence of
Consultants’ representative. The envelopes with the Financial
Proposal shall remain sealed and securely stored.
5. Proposal 5.1 From the time the Proposals are opened to the time the
Evaluation Contract is awarded, the Consultants should not contact the
Employer on any matter related to its Technical and/or Financial
Proposal. Any effort by Consultants to influence the Employer in
the examination, evaluation, ranking of Proposals, and
recommendation for award of Contract may result in the
rejection of the Consultants’ Proposal.
Evaluators of Technical Proposals shall have no access to the
Financial Proposals until the technical evaluation is concluded
and the Bank issues its approval.
Evaluation of 5.2 The evaluation committee shall evaluate the Technical
Technical Proposals on the basis of their responsiveness to the Terms of
Proposals Reference, applying the evaluation criteria, subcriteria, and point
system specified in the Data Sheet.
Rejection of 5.3 Each responsive Proposal will be given a technical
Proposal score (St). A Proposal shall be rejected at this stage if it does not
respond to important aspects of the RFP, and particularly the
Terms of Reference or if it fails to achieve the minimum
technical score indicated in the Data Sheet.
Financial 5.4 After the technical evaluation is completed and the
Proposals for Bank has issued its approval, the Employer shall inform the
Section 2. Instruction to Consultants 14

QCBS Consultants who have submitted proposals the technical scores


obtained by their Technical Proposal, and shall notify the
Consultants whose proposal did not meet the minimum
qualifying mark or were considered non responsive to the RFP
and TOR, that their Financial Proposal will be returned
unopened after completing the selection process. The Employer
simultaneously notify in writing date, time and location for
opening the Financial Proposals. The opening date should allow
consultant sufficient time to make arrangements for attending the
opening. Consultant’s attendance at the opening of financial
Proposal is optional.
5.5 Financial Proposal shall be opened publicly in the
presence of the Consultants’ representative who chose to attend.
The name of the Consultants, and the technical scores of the
Consultant shall be read aloud. The Financial Proposal of the
Consultants who meet the minimum qualifying mark will then be
inspected to confirm that they have remained sealed and
unopened. These Financial Proposal shall be then opened, and
the total prices read aloud and recorded. Copy of the record shall
be sent to all Consultants and the Bank.
5.6 The evaluation committee will correct any
computational errors. When correcting computational errors, in
case of discrepancy between a partial amount and the total
amount, or between word and figures the formers will prevail. In
addition to the above corrections, as indicated under para 3.7.1
activities and items described in the Technical Proposal but not
priced, shall be assumed to be included in the prices of other
activities or items. In case an activity or line item is quantified in
the Financial Proposal differently from 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, apply relevant unit price
included in the Financial Proposal to the corrected quantity and
correct the total Proposal cost. Prices shall be converted to a
single currency using the selling rates of exchange, source and
date indicated in the Data Sheet.
5.7 The lowest evaluated Financial Proposal will be given
maximum financial scores (Sf) of 100 points. The financial
scores (Sf) of the other Financial Proposals will be calculated
proportionally using the formula specified in the Data Sheet.
Consultants are ranked according to their combined technical
(St) and financial (Sf) scores using the weights (T = the weight
given to the Technical Proposal; F = the weight given to the
Financial Proposal; T + F = 1) indicated in the Data Sheet : S =
(St x T) + (Sf x F). The Consultants achieving the highest
combined technical and financial scores will be invited for
Section 2. Instruction to Consultants 15

negotiations.
6. Negotiations 6.1 Negotiation will be held at the date and address to be
determined and informed by the Employer. The invited
Consultant will, as a pre-requisite for attendance at the
negotiations, confirm availability of all Professional staff.
Failure in satisfying such requirements may result in the
Employer proceeding to negotiate with the next ranked
Consultant. Representatives conducting negotiations on behalf of
the Consultant must have written authority to negotiate and
conclude a Contract.
6.2 Negotiation will include a discussion of the Technical
Proposal, proposed technical approach and methodology, work
plan and organization and staffing, and any suggestions made by
the Consultant to improve the Terms of Reference. The
Employer and the Consultants will finalize the Terms of
Reference, staffing schedule, work schedule, logistic and
reporting. Those documents will be then incorporated in the
Contract as “Description of Services”. Special attention will be
paid to clearly defining the inputs and facilities required from the
Employer to ensure satisfactory implementation of the service.
The Employer shall prepare minutes of negotiations which will
be signed by the Employer and the Consultant.
6.3 If applicable, it is the responsibility of the Consultant,
before starting financial negotiation, to contact the local tax
authorities to determine the local tax amount to be paid by the
Consultant under the Contract. The financial negotiations will
include a clarification (if any) of the firm’s tax liability in the
Employer’s country, and the manner in which it will be reflected
in the contract, and will reflect the agreed technical
modifications in the cost of services. In the cases of QCBS,
Fixed-Budget Selection and the Least-Cost Selection methods,
unless there are exceptional reasons, the financial negotiation
will involve neither the remuneration rates for staff nor other
proposed unit rates. For other methods, consultants will provide
the Employer with the information on remuneration rates
described in the Appendix attached to Section 4 – Financial
Proposal – Standard Forms of this RFP.
6.4 Having selected the Consultant on the basis of, among
other things, an evaluation of proposed Professional staff, the
Employer expects to negotiate a Contract on the basis of the
Professional staff named in the Proposal. Before contract
negotiations, the Employer will require assurance that the
Professional staff will be actually available. The Employer will
not consider substitutions during contract negotiations unless
both parties agree that undue delay in the selection process
makes such substitution unavoidable or for reason such as death
Section 2. Instruction to Consultants 16

or medical incapacity. If this is not the case and if it is


established that the Professional staff were offered in the
proposal without confirming theirs availability, the Consultant
may be disqualified. 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.
6.5 Negotiations will conclude with a review of the draft
Contract. To complete negotiations the Employer and the
Consultant will initial the agreed contract. If the two parties are
unable to reach agreement on a contract within a reasonable
time, the Employer shall terminate the negotiations with the first-
ranked consultant and invite the consultant who ranked second in
the evaluation to enter on negotiations. This procedure will be
followed until the Employer reaches agreement with a
consultant.
6.6 While there shall be some flexibility in work plans, staff
service and major work inputs which have been previously
agreed as appropriate for the service should not be materially
modified to meet a budget.
7. Award of 7.1 After completion of negotiations the Employer shall
Contract award the Contract to the selected Consultant, publish in website
www.pu.go.id on line and official information board the award
of the Contract, and promptly notify all Consultants who have
submitted proposals. After Contract signature, the Employer
shall return the unopened Financial Proposal to the Unsuccessful
Consultants.
7.2 In the notification referred to in 7.1, the Borrower shall
inform the shortlisted consultants that any consultant who wishes
to ascertain the grounds on which its proposal was not selected,
shall request an explanation from the Borrower. The Borrower
shall promptly provide the explanation as to why such proposal
was not selected, either in writing and/or in a debriefing meeting,
at the option of the consultant. The requesting consultant should
bear all the costs of attending such a debriefing.
7.3 The Consultant is expected to commence the service on
the date and at the location specified in the Data Sheet.
8. Confidentiality 8.1 The process of Proposal evaluation shall be confidential
until the announcement of the Award of Contract.
Confidentiality enables the Employer and the Bank to avoid
either the reality or perception of improper interference. 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 provisions of the Bank’s antifraud and
Section 2. Instruction to Consultants 17

corruption policy.
Section 2 – Instructions to Consultants – Data Sheet 19

19

Instructions to Consultants
DATA SHEET

Paragraph
Reference

Name of the Employer: Directorate General of Water Resources,


Ministry of Public Works

Method of selection: Quality and Cost Based Selection (QCBS)

1.2 Financial Proposal to be submitted together with Technical Proposal: Yes

Name of the service is:

Consulting Supervision for Construction of Karian


Multipurpose Dam Project
1.3 A pre-proposal conference will be held:

Balai Besar Wilayah Sungai Cidanau-Ciujung-Cidurian


2th Floor, Balai Besar Wilayah Sungai Cidanau-Ciujung-Cidurian’s
Meeting Room
Directorate General Water Resources
Ministry of Public Works
Jl. Ustadz Uzaer Yachya No. 1 Serang - Banten
Telephone/Fax : (62) 254 206111 / (62) 254 227117

Date: October 4th, 2012


Time: 10.00 AM

The Employer’s representative is:

Procurement Committee for Selection of Consulting Supervision for


Karian Multipurpose Dam Project
Balai Besar Wilayah Sungai Cidanau-Ciujung-Cidurian
Directorate General Water Resources
Ministry of Public Works
Jl. Ustadz Uzaer Yachya No. 1 Serang - Banten
Telephone/Fax : (62) 254 206111 / (62) 254 227117
E-mail : karian.dam@aol.com
Section 2 – Instructions to Consultants – Data Sheet 20

20

1.4 The Employer will provide the following inputs and facilities:

The Employer will make arrangements for all relevant data, reports and
other information to be made available to the project team. The Employer
will also arrange for staff to be assigned to assist the project team.

1.9 Proposals must remain valid 100 days after the submission date, i.e. until:
February 2nd, 2012

2.1 Clarifications may be requested not later than 7 days before the submission
date.

The address for requesting clarifications is: As noted in 1.3 above

Proposals shall be submitted in the following language: English

All documents relating to the selection and employment of consultants are


to be in English.

3.3 (a) Shortlisted Consultants may associate with other shortlisted Consultants:
No
Shortlisted Consultants may associate with non-shortlisted Consultants:
No

3.5 (f) The following supporting documents shall be attached on the CVs:
1. Professional Competency Certificate (Sertifikat Keahlian from
Lembaga Pengembangan Jasa Konstruksi for Indonesian Engineers and
Engineer Certificates from Korean Government or similar certificates,
in English translation, for Korean Engineers) with its qualifications are
at least:

a. Indonesian Engineers: Ahli Madya or similar qualification

b. Korean Engineers: Senior Engineer or similar qualification.

2. Task Assignment Certificate (from the employer/project who assigned


the personnel)

If the professional competency certificates are not attached in the CVs, the
personnel’s qualification will not be evaluated.
Section 2 – Instructions to Consultants – Data Sheet 21

21
3.5 (g) Training is a specific component of this service: Yes

3.7.1 (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, as applicable, outside the Employer’s country for purposes of the
Services;
(2) cost of necessary travel, including transportation of the Personnel by
the most appropriate means of transport and the most direct practicable
route;
(3) cost of office accommodation, investigations and surveys;
(4) cost of applicable international or local communications such as the use
of telephone and facsimile required for the purpose of the Services;
(5) cost, rental and freight of any instruments or equipment required to be
provided by the Consultants for the purposes of the Services;
(6) cost of printing and dispatching of the reports to be produced for the
Services;

3.7.2 The prices stated in the Financial Proposal shall be in US Dollar for
foreign currency portion and in Indonesian Rupiah for local currency
portion. The contract price shall be stated in Korean Won for foreign
currency portion converted by using the Average Rate under the
provision of the EDCF Loan Agreement and in Indonesian Rupiah for
local currency portion. In addition, the US Dollar equivalent to
Indonesian Rupiah shall be stated together applying the exchange rate
presented by the Client as advised in Clause 5.6.

4.3 Consultant must submit the original and 5 (five) copies of the Technical
Proposal, and the original of the Financial Proposal.

4.5 The Proposal submission address is:

Procurement Committee for Selection of Consulting Supervision for


Karian Multipurpose Dam Project
Balai Besar Wilayah Sungai Cidanau-Ciujung-Cidurian
Directorate General Water Resources
Ministry of Public Works
Jl. Ustadz Uzaer Yachya No. 1 Serang - Banten
Telephone/Fac : (62) 254 206111 / (62) 254 227117
E-mail : karian.dam@aol.com

Proposals must be submitted no later than the following date and time:
October 25th, 2012

5.2 Criteria, sub-criteria, and point system for the evaluation of the Technical
Section 2 – Instructions to Consultants – Data Sheet 22

22
Proposals are:
(i) Experience of the Consultant relevant to assignment 10
(ii) Adequacy of the proposed methodology and work plan
in responding to the Terms of Reference:
a) Technical approach and methodology 14
b) Work plan 8
c) Understanding of Project objective/comment TOR 5
d) Assignment Schedule & Organization Plotting 3
Total points for criterion (ii): 30
(iii) Key professional staff’s qualifications and competence for the
Services
a) International Experts 40
b) National Experts 20
Total points for criterion (iii): 60
The number of points to be assigned to each of the above positions
or disciplines shall be determined considering the following three
sub-criteria and relevant percentage weights:
1) General qualifications 70%
2) Suitability for the Services 20%
3) Experience in region and language 10%

Total weight: 100%

5.3 The minimum technical score (St) required to pass is: 70 Points

5.6 The currency for price conversions is: Indonesian Rupiah


The source of official selling rates is: Bank of Indonesia transactional
selling rates
The date of exchange rates is: 14 (Fourteen) days before Proposal
Submission

The transactional selling exchange rate issued by the Bank of Indonesia at


October 11th, 2012 is:
US Dollar 1 = Indonesian Rupiah ………….. (insert transactional selling
exchange rate at the date of 14 days prior to the latest date of the proposal
submission)

The total bidding price proposed for the Services shall not be higher than
equivalent US Dollar 6,851,000
- The Foreign Currency Portion of the total bidding price proposed for the
Section 2 – Instructions to Consultants – Data Sheet 23

23
Services shall not be higher than US Dollar 4,798,000
- The Local Currency Portion of the total bidding price proposed for the
Services shall not be higher than US Dollar 2,053,000
Any evaluated cost proposal exceeds the owner’s estimates for the
consultancy services, the bid shall be rejected.

5.7 Formula for calculating the financial score:

Weight for the Technical Proposal (T) and Financial Proposal (F):
T = 80%
F = 20%

If more than one Consultant achieves the same highest total point, the
Employer then has the right to recommend to the Bank a Consultant that
ranks first in the total points of Technical Score.

6.1 Expected date and address for contract negotiations:

Date: November 25th, 2012


Address: As advised in Item 4.5

7.3 Expected date for commencement of consulting supervision


December 10th, 2012
at: As advised in Item 4.5
Section 2 – Instructions to Consultants – Data Sheet 24

24
SUMMARY OF DETAILED EVALUATION CRITERIA OF
CONSULTANT’S TECHNICAL PROPOSAL

1. Experience of the Consultant relevant to assignment (10)


1) Factors related to firm’s experience
- Experience in Water Resources Projects (6.0)
 Contract amount of projects (3.0)
 No. of projects (3.0)
- Experience in Similar Areas and Conditions (4.0)
 No. of Overseas Projects (4.0)

2. Adequacy of the proposed methodology and work plan in responding to the


Term of Reference (30)
1) Technical Approach and Methodology (14.0)
- Approach and Methodology for carrying out activities of the assignment and
obtaining the expected output (10.0)
- Innovativeness (4.0)

2) Work Plan (8.0)


- Adequacy of carrying out the main activities of the assignment (4.0)
- Adequacy of the work schedule for each stage (4.0)

3) Understanding of Project Objective/Comment on TOR (5.0)


- Comment on TOR (2.5)
- Understanding of the Project Objective & Assignment (2.5)

4) Organization and Staffing (3.0)


- Adequacy of the team composition and assigned tasks (1.5)
- Adequacy of the staffing schedule (including organization) (1.5)

3. Key Professional Staff’ Qualifications & Competence for the Service (60)
International Experts (40)
1) Factors related to general qualifications (28)
- Educational backgrounds & qualified certificate
- Total duration of professional activity

2) Factors related to suitability for the services (8)


- Duration of working experience in water resources development field
- No. of projects conducted over the past 10 years in water resources
Section 2 – Instructions to Consultants – Data Sheet 25

25
development field

3) Factors related to experience in region and language or experience with


international consultants (4)
- Overseas experience

National Experts (20)


1) Factors related to general qualifications (14)
- Educational backgrounds & qualified certificate
- Total duration of professional activity

2) Factors related to suitability for the services (4)


- Duration of working experience in water resources development field
- No. of projects conducted over the past 10 years in water resources
development field

3) Factors related to experience in region and language or experience with


international consultants (2)
- Working experience with International Consultants
Section 2 – Instructions to Consultants – Data Sheet 26

26
<INDICATIVE> Detailed Evaluation Criteria for Qualifications of Technical Proposals

1. Experience of the Consultants (10 points)


Experience will be evaluated on the consulting services of feasibility study,
preliminary/basic/detailed design, and/or construction supervision of projects during
the last 10 years from the bid closing date.
Sub-
Classification Score Detail Evaluation
Score
- Contract value (in USD) of projects
successfully completed (in case of other
currencies than USD, apply the telegraphic
transfer selling rates as quoted and publicly
displayed by any reputable bank of Korea on
Contract the date of Contract signing)
amount of 3.0 - In case of projects conducted as a joint
project venture/operation/association/or consortium,
value of projects shall be multiplied by the
shareholding ratio (in million USD)
Experience in
Water C>1.0 1.0.≥C>0.7 0.7≥C>0.4 0.4≤C
6.0
Resources1
100% 90% 70% 40%
projects
- Projects successfully completed with contract
values that exceed 100,000USD
- In case of projects conducted as a joint
venture/operation/association/or consortium,
No. of the number of projects shall be simply and
3.0 totally added up regardless of shareholding
projects
ratios.
N>18 18≥N>14 14≥N >10 N ≤10
100% 90% 70% 40%
- Overseas projects successfully completed with
contract values that exceed 100,000 USD
- For each overseas project, the following
weightings shall be multiplied according to its
Experience in project area ;
No. of
similar areas  South-East Asia : 1.0
4.0 Overseas 4.0
and  Asia : 0.9
projects
conditions  Others : 0.7
N>8 8≥N>6 6≥N >4 N ≤4

100% 90% 70% 40%

1
Water Resources Projects are defined by River, Coast, Irrigation, and Swamp Development Works, based on
the work scope of MPW.
Section 2 – Instructions to Consultants – Data Sheet 27

27
※ Copies of evidence for the experiences in and outside the consultant’s country, such as a translated
certificate issued by a related governmental organization or its client, must be submitted with the record of
Consultant’s Experience (Form Technical-2).
Section 2 – Instructions to Consultants – Data Sheet 28

28

2. Adequacy of the proposed methodology and work plan in responding to the Terms
of Reference (30 points)
Sub-
Sub-criteria Detailed Criteria
Score
a) Technical approach - Approach and methodology for carrying out the
and methodology (14.0) activities of the assignment and obtaining the 10.0
expected output
- Innovativeness 4.0
b) Work plan (8.0) - Adequacy of carrying out the main activities of
4.0
the assignment

- Adequacy of the work schedule for each stage 4.0

c) Understanding of Project
Objective / Comment on - Comment on TOR 2.5
TOR (5.0)
- Understanding of the Project Objective &
2.5
Assignment
d) Organization and Staffing - Adequacy of the team composition and assigned
(3.0) 1.5
tasks
- Adequacy of the staffing schedule(including 1.5
organization)
※ Rating System
(i) Excellent [100%]
(ii) Good [90%]
(iii) Average [70%]
(iv) Poor [40%]

3. Key professional staff qualifications and competence for the services (60 points)
1) International Experts (40 Points)
i) General qualifications (28points)
In the following table, “Experience” means working experience of feasibility study,
preliminary/basis/detailed design, and/or construction supervision of projects during the
years from the bid closing date.
Section 2 – Instructions to Consultants – Data Sheet 29

29
Sub-
Classification Score Detail Evaluation
Score
- Ph.D: Doctor of Pilosophy
- P.E: Professional Engineer or equivalent
Educational - MSc: Master of Science
Background - BSc: Bachelor of Science
3.26
& Qualified
Certificate Ph.D/P.E MSc BSc Below BSc
1. Team 61/262*
Leader 28=6.52 100% 90% 70% 40%

Total - Years of experience


duration of Y≥18 18>Y≥17 17>Y≥16 16>Y≥15
3.26
Professional
Activity 100% 90% 80% 70%
Educational
Ph.D/P.E MSc BSc Below BSc
Background
2.78
& Qualified
100% 90% 70% 40%
2. Dam 52/262* Certificate
Engineer 28=5.56 Total
Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
duration of
2.78
Professional
100% 90% 80% 70%
Activity
Educational
Ph.D/P.E MSc BSc Below BSc
Background
0.91
& Qualified
100% 90% 70% 40%
3. Construction 17/262* Certificate
Engineer 28=1.82 Total Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
duration of
0.91
Professional
Activity 100% 90% 80% 70%

Educational
Ph.D/P.E MSc BSc Below BSc
Background
0.59
& Qualified
4. Quality 11/262* Certificate 100% 90% 70% 40%
Control 28
Engineer = 1.18 Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
duration of
0.59
Professional
100% 90% 80% 70%
Activity
5. Cost 4/262* Educational
Ph.D/P.E MSc BSc Below BSc
Estimator 28 Background
0.22
= 0.43 & Qualified
Certificate 100% 90% 70% 40%
Total 0.21 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
Section 2 – Instructions to Consultants – Data Sheet 30

30
Sub-
Classification Score Detail Evaluation
Score
duration of
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.27
& Qualified
5/262* Certificate 100% 90% 70% 40%
6. Contract
28
Specialist Total
= 0.53 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
duration of
0.26
Professional
100% 90% 80% 70%
Activity
Educational
Ph.D/P.E MSc BSc Below BSc
Background
0.32
& Qualified
6/262* Certificate 100% 90% 70% 40%
7. Hydraulic
28
Engineer Total
= 0.64 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
duration of
0.32
Professional
100% 90% 80% 70%
Activity
Educational
Background Ph.D/P.E MSc BSc Below BSc
0.27
& Qualified
5/262* 100% 90% 70% 40%
Certificate
8. Hydrologist 28
Total
= 0.53 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
duration of
0.26
Professional
100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.80
& Qualified 100% 90% 70% 40%
15/262*
9. Structural Certificate
28
Engineer Total
= 1.60 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
duration of
0.80
Professional
100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.48
& Qualified 100% 90% 70% 40%
10. Geotechnical 9/262*
Certificate
/Embankme 28
Total
nt Engineer = 0.96 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
duration of
0.48
Professional
100% 90% 80% 70%
Activity
Section 2 – Instructions to Consultants – Data Sheet 31

31
Sub-
Classification Score Detail Evaluation
Score
Educational
Ph.D/P.E MSc BSc Below BSc
Background
0.43
& Qualified
11. Geologist / 8/262* 100% 90% 70% 40%
Certificate
Grouting 28
Total Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
Engineer = 0.86
duration of
0.43
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.48
& Qualified 100% 90% 70% 40%
9/262*
12. Tunnel Certificate
28
Engineer Total
= 0.96 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
duration of
0.48
Professional
100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.64
& Qualified 100% 90% 70% 40%
12/262*
13. Mechanical Certificate
28
Engineer Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
= 1.28
duration of
0.64
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.48
& Qualified 100% 90% 70% 40%
9/262*
14. Electrical Certificate
28
Engineer Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
= 0.96
duration of
0.48
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.11
& Qualified 100% 90% 70% 40%
2/262* Certificate
15. Landscape
28 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
Engineer Total
= 0.21
duration of
0.10
Professional 100% 90% 80% 70%
Activity
16. Environment 5/262* Educational 0.27 Ph.D/P.E MSc BSc Below BSc
al Engineer 28 Background 100% 90% 70% 40%
& Qualified
Certificate
Section 2 – Instructions to Consultants – Data Sheet 32

32
Sub-
Classification Score Detail Evaluation
Score
Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
Total
duration of
0.26
= 0.53 Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.22
& Qualified 100% 90% 70% 40%
4/262*
17. Instrumentati Certificate
28
on Expert Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
= 0.43
duration of
0.21
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.22
& Qualified 100% 90% 70% 40%
18. Disaster 4/262*
Certificate
Control 28
Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
Expert = 0.43
duration of
0.21
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.22
& Qualified 100% 90% 70% 40%
4/262* Certificate
19. Watershed
28 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
Expert Total
= 0.43
duration of
0.21
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.16
& Qualified 100% 90% 70% 40%
20. Public 3/262*
Certificate
Relation 28
Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
Specialist = 0.32
duration of
0.16
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.38
& Qualified 100% 90% 70% 40%
7/262*
Certificate
21. O/M Expert 28
Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
= 0.75
duration of
0.37
Professional 100% 90% 80% 70%
Activity
Section 2 – Instructions to Consultants – Data Sheet 33

33
Sub-
Classification Score Detail Evaluation
Score
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.16
& Qualified 100% 90% 70% 40%
3/262*
Certificate
22. Economist 28
Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
= 0.32
duration of
0.16
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.38
& Qualified 100% 90% 70% 40%
23. Hydro 7/262*
Certificate
power 28
Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
Engineer = 0.75
duration of
0.37
Professional 100% 90% 80% 70%
Activity
※ Any experts’ diploma and/or qualified certificate should be submitted, in case of request for
clarification by the committee.

ii) Suitability for the Services (8 points)


In the following table, “Experience” means working experience of feasibility study, preliminary
/basis/detailed design, and/or construction supervision of projects during the years from the bid closing
date.

Classification Score Evaluation


Duration of working experience in water resources
61/262*8/2 development field.
= 0.93 Y≥18 18>Y≥17 17>Y≥16 16>Y≥15

1. Team Leader 100% 90% 80% 70%


No. of projects conducted over the past 10 years in water
61/262*8/2 resources development field.
= 0.93 N>15 15≥N>10 10≥N>5 N ≤5
100% 90% 80% 70%
Duration of working experience in water resources
52/262*8 development field
2. Dam Engineer
=1.59 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
100% 90% 80% 70%
3. Construction 17/262*8 Duration of working experience in water resources
Engineer =0.52 development field
Section 2 – Instructions to Consultants – Data Sheet 34

34

Classification Score Evaluation


Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
100% 90% 80% 70%
Duration of working experience in water resources
4. Quality Control 11/262*8 development field
Engineer =0.34 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
development field
4/262*8
5. Cost Estimator
=0.12 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources development
6. Contract 5/262*8 field
Specialist =0.15 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
7. Hydraulic 6/262*8 development field
Engineer =0.18 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
100% 90% 80% 70%
Duration of working experience in water resources
development field
5/262*8
8. Hydrologist
=0.15 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
100% 90% 80% 70%
Duration of working experience in water resources development
field
9. Structural 15/262*8
Engineer =0.46 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
100% 90% 80% 70%
Duration of working experience in water resources development
10. Geotechnical/Em field
9/262*8
bankment Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
=0.28
Engineer
100% 90% 80% 70%
Duration of working experience in water resources development
11. Geologist / field
8/262*8
Grouting Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
=0.25
Engineer
100% 90% 80% 70%
Duration of working experience in water resources
9/262*8 development field
12. Tunnel Engineer
=0.28 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
100% 90% 80% 70%
13. Mechanical 12/262*8 Duration of working experience in water resources
Engineer =0.37 development field
Section 2 – Instructions to Consultants – Data Sheet 35

35

Classification Score Evaluation


Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources development
14. Electrical 9/262*8 field
Engineer =0.28 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
15. Landscape 2/262*8 development field
Engineer =0.06 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
16. Environmental 5/262*8 development field
Engineer =0.15 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
17. Instrument 4/262*8 development field
ation Expert =0.12 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
18. Disaster Control 4/262*8 development field
Expert =0.12 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
19. Watershed 4/262*8 development field
Expert =0.12 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
20. Public Relation 3/262*8 development field
Specialist =0.09 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
7/262*8 development field
21. O/M Expert
=0.21 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
3/262*8 development field
22. Economist
=0.09 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
23. Hydropower 7/262*8 development field
Engineer =0.21 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Section 2 – Instructions to Consultants – Data Sheet 36

36
iii) Experience in Region and Language (4 points)
The number of service will be evaluated as the number of overseas experience, if
proposed expert has worked in foreign countries including Indonesia during the last 10
years for the service of feasibility study, preliminary/basic/detailed design, and/or
construction supervision of projects.

Classification Score Detail Evaluation


No. of projects conducted over the past 10 years
in overseas
61/262*4 Overseas
1. Team Leader N≥3 2 1 None
=0.93 experience
100% 90% 70% 40%
2. Dam 52/262*4 Overseas N≥3 2 1 None
Engineer =0.79 experience 100% 90% 70% 40%

3. Construction 17/262*4 Overseas N≥3 2 1 None


Engineer =0.26 experience 100% 90% 70% 40%
4. Quality N≥3 2 1 None
11/262*4 Overseas
control
=0.17 experience 100% 90% 70% 40%
Engineer
5. Cost 4/262*4 Overseas N≥3 2 1 None
Estimator =0.06 experience 100% 90% 70% 40%

6. Contract 5/262*4 Overseas N≥3 2 1 None


Specialist =0.07 experience 100% 90% 70% 40%

7. Hydraulic 6/262*4 Overseas N≥3 2 1 None


Engineer =0.09 experience 100% 90% 70% 40%

5/262*4 Overseas N≥3 2 1 None


8. Hydrologist
=0.08 experience 100% 90% 70% 40%

9. Structural 15/262*4 Overseas N≥3 2 1 None


Engineer =0.23 experience 100% 90% 70% 40%
10. Geotechnical/ N≥3 2 1 None
9/262*4 Overseas
Embankment
=0.14 experience 100% 90% 70% 40%
Engineer
11. Geologist / N≥3 2 1 None
8/262*4 Overseas
Grouting
=0.12 experience 100% 90% 70% 40%
Engineer
12. Tunnel 9/262*4 Overseas N≥3 2 1 None
Engineer =0.14 experience 100% 90% 70% 40%
13. Mecha 12/262*4 Overseas N≥3 2 1 None
Section 2 – Instructions to Consultants – Data Sheet 37

37
Classification Score Detail Evaluation
nical
=0.18 experience 100% 90% 70% 40%
Engineer
14. Electrical 9/262*4 Overseas N≥3 2 1 None
Engineer =0.14 experience 100% 90% 70% 40%

15. Landscape 2/262*4 Overseas N≥3 2 1 None


Engineer =0.03 experience 100% 90% 70% 40%

16. Environment 5/262*4 Overseas N≥3 2 1 None


al Engineer =0.08 experience 100% 90% 70% 40%

17. Instrumentati 4/262*4 Overseas N≥3 2 1 None


on Expert =0.06 experience 100% 90% 70% 40%
18. Disaster N≥3 2 1 None
4/262*4 Overseas
Control
=0.06 experience 100% 90% 70% 40%
Expert
19. Watershed 4/262*4 Overseas N≥3 2 1 None
Expert =0.06 experience 100% 90% 70% 40%
20. Public N≥3 2 1 None
3/262*4 Overseas
Relation
=0.05 experience 100% 90% 70% 40%
Specialist
7/262*4 Overseas N≥3 2 1 None
21. O/M Expert
=0.11 experience 100% 90% 70% 40%

3/262*4 Overseas N≥3 2 1 None


22. Economist
=0.04 experience 100% 90% 70% 40%

23. Hydropower 7/262*4 Overseas N≥3 2 1 None


Engineer =0.11 experience
100% 90% 70% 40%

2) National Experts (20 Points)


i) General qualifications (14 points)
In the following table, “Experience” means working experience of feasibility study,
preliminary /basis/detailed design, and/or construction supervision of projects during the
period from the bid closing date.
Section 2 – Instructions to Consultants – Data Sheet 38

38
Sub-
Classification Score Detail Evaluation
Score
- Ph.D: Doctor of Pilosophy
- P.E: Professional Engineer or equivalent
Educational - MSc: Master of Science
Background - BSc: Bachelor of Science
0.99
& Qualified
Certificate Ph.D/P.E MSc BSc Below BSc
1. Co-Team 61/434*
Leader 14=1.97 100% 90% 70% 40%

Total - Years of experience


duration of Y≥18 18>Y≥17 17>Y≥16 16>Y≥15
0.98
Professional
Activity 100% 90% 80% 70%
Educational
Ph.D/P.E MSc BSc Below BSc
Background
0.99
& Qualified
100% 90% 70% 40%
2. Dam 61/434* Certificate
Engineer 14=1.97 Total
Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
duration of
0.98
Professional
100% 90% 80% 70%
Activity
Educational
Ph.D/P.E MSc BSc Below BSc
Background
0.31
& Qualified
100% 90% 70% 40%
3. Construction 19/434* Certificate
Engineer 14=0.61 Total Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
duration of
0.30
Professional
Activity 100% 90% 80% 70%

Educational
Ph.D/P.E MSc BSc Below BSc
Background
0.42
& Qualified
4. Quality Certificate 100% 90% 70% 40%
26/434*
Control
14=0.84 Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
Engineer
duration of
0.42
Professional
100% 90% 80% 70%
Activity
5. Cost 17/434* Educational
Ph.D/P.E MSc BSc Below BSc
Estimator 14=0.55 Background
0.28
& Qualified
Certificate 100% 90% 70% 40%
Total 0.27 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
Section 2 – Instructions to Consultants – Data Sheet 39

39
Sub-
Classification Score Detail Evaluation
Score
duration of
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.11
& Qualified
Certificate 100% 90% 70% 40%
6. Contract 7/434*
Specialist 14=0.22 Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
duration of
0.11
Professional
100% 90% 80% 70%
Activity
Educational
Ph.D/P.E MSc BSc Below BSc
Background
0.26
& Qualified
Certificate 100% 90% 70% 40%
7. Hydraulic 16/434*
Engineer 14=0.52 Total Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
duration of
0.26
Professional
100% 90% 80% 70%
Activity
Educational
Background Ph.D/P.E MSc BSc Below BSc
0.20
& Qualified
12/434* Certificate 100% 90% 70% 40%
8. Hydrologist
14=0.39 Total
Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
duration of
0.19
Professional
100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.44
& Qualified 100% 90% 70% 40%
9. Structural 27/434* Certificate
Engineer 14=0.87 Total
Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
duration of
0.43
Professional
100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.31
& Qualified 100% 90% 70% 40%
10. Geotechnical
19/434* Certificate
/Embankme
14=0.61 Total
nt Engineer Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
duration of
0.30
Professional
100% 90% 80% 70%
Activity
Section 2 – Instructions to Consultants – Data Sheet 40

40
Sub-
Classification Score Detail Evaluation
Score
Educational
Ph.D/P.E MSc BSc Below BSc
Background
0.18
& Qualified
11. Geologist / 100% 90% 70% 40%
11/434* Certificate
Grouting
14=0.35 Total Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
Engineer
duration of
0.17
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.29
& Qualified 100% 90% 70% 40%
12. Tunnel 18/434* Certificate
Engineer 14=0.58 Total
Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
duration of
0.29
Professional
100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.18
& Qualified
100% 90% 70% 40%
13. Road 11/434* Certificate
Engineer 14=0.35 Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
duration of
0.17
Professional
100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.37
& Qualified 100% 90% 70% 40%
14. Mechanical 23/434* Certificate
Engineer 14=0.74 Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
duration of
0.37
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.26
& Qualified 100% 90% 70% 40%
15. Electrical 16/434* Certificate
Engineer 14=0.52 Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
duration of
0.26
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
16. Landscape 7/434* 0.12
& Qualified 100% 90% 70% 40%
Engineer 14=0.23
Certificate
Total 0.11 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
Section 2 – Instructions to Consultants – Data Sheet 41

41
Sub-
Classification Score Detail Evaluation
Score
duration of
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.15
& Qualified 100% 90% 70% 40%
Certificate
17. Environment 9/434* Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
al Engineer 14=0.29 Total
duration of
0.14
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.13
& Qualified 100% 90% 70% 40%
18. Instrumentati 8/434* Certificate
on Expert 14=0.26 Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
duration of
0.13
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.13
& Qualified 100% 90% 70% 40%
19. Disaster
8/434* Certificate
Control
14=0.26 Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
Expert
duration of
0.13
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.15
& Qualified 100% 90% 70% 40%
20. Watershed 9/434* Certificate
Expert 14=0.29 Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
duration of
0.14
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.10
& Qualified 100% 90% 70% 40%
21. Public
6/434* Certificate
Relation
14=0.19 Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
Specialist
duration of
0.09
Professional 100% 90% 80% 70%
Activity
Section 2 – Instructions to Consultants – Data Sheet 42

42
Sub-
Classification Score Detail Evaluation
Score
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.12
& Qualified 100% 90% 70% 40%
22. Topographic
7/434* Certificate
Survey
14=0.23 Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
Expert
duration of
0.11
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.24
& Qualified 100% 90% 70% 40%
23. O/M 15/434* Certificate
Expert 14=0.48 Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
duration of
0.24
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.13
& Qualified 100% 90% 70% 40%
8/434* Certificate
24. Economist
14=0.26 Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
duration of
0.13
Professional 100% 90% 80% 70%
Activity
Educational Ph.D/P.E MSc BSc Below BSc
Background
0.21
& Qualified 100% 90% 70% 40%
25. Hydropower 13/434* Certificate
Engineer 14=0.42 Total Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
duration of
0.21
Professional 100% 90% 80% 70%
Activity
※ Any experts’ diploma and/or qualified certificate should be submitted, in case of request for
clarification by the committee.
Section 2 – Instructions to Consultants – Data Sheet 43

43

ii) Suitability for the Services (4 points)


In the following table, “Experience” means working experience of feasibility study,
preliminary /basis/detailed design, and/or construction supervision of projects during the
period from the bid closing date.

Classification Score Evaluation


Duration of working experience in water resources
61/434*4/2 development field.
= 0.28 Y≥18 18>Y≥17 17>Y≥16 16>Y≥15

1. Co-Team Leader 100% 90% 80% 70%


No. of projects conducted over the past 10 years in water
61/434*4/2 resources development field.
= 0.28 N>15 15≥N>10 10≥N>5 N ≤5
100% 90% 70% 40%
Duration of working experience in water resources
61/434*4 development field
2. Dam Engineer
=0.56 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
100% 90% 80% 70%
Duration of working experience in water resources
3. Construction 19/434*4 development field
Engineer =0.18 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
100% 90% 80% 70%
Duration of working experience in water resources
4. Quality Control 26/434*4 development field
Engineer =0.24 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
development field
17/434*4
5. Cost Estimator
=0.16 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources development
6. Contract 7/434*4 field
Specialist =0.07 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
7. Hydraulic 16/434*4 development field
Engineer =0.15 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
100% 90% 80% 70%
Duration of working experience in water resources
12/434*4 development field
8. Hydrologist
=0.11
Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
Section 2 – Instructions to Consultants – Data Sheet 44

44

Classification Score Evaluation

100% 90% 80% 70%


Duration of working experience in water resources development
field
9. Structural 27/434*4
Engineer =0.25 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
100% 90% 80% 70%
Duration of working experience in water resources development
10. Geotechnical/Em field
19/434*4
bankment Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
=0.18
Engineer
100% 90% 80% 70%
Duration of working experience in water resources development
11. Geologist / field
11/434*4
Grouting Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
=0.10
Engineer
100% 90% 80% 70%
Duration of working experience in water resources
18/434*4 development field
12. Tunnel Engineer
=0.17 Y≥15 15>Y≥14 14>Y≥13 13>Y≥12
100% 90% 80% 70%
Duration of working experience in water resources
11/434*4 development field
13. Road Engineer
=0.10 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
14. Mechanical 23/434*4 development field
Engineer =0.21 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources development
15. Electrical 16/434*4 field
Engineer =0.15 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
16. Landscape 7/434*4 development field
Engineer =0.06 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
17. Environm 9/434*4 development field
ental Engineer =0.08 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
18. Instrumentation 8/434*4 development field
Expert =0.07 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Section 2 – Instructions to Consultants – Data Sheet 45

45

Classification Score Evaluation


Duration of working experience in water resources
19. Disaster Control 8/434*4 development field
Expert =0.07 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
20. Watershed 9/434*4 development field
Expert =0.08 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
21. Public Relation 6/434*4 development field
Specialist =0.06 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
22. Topographic 7/434*4 development field
Survey Expert =0.06 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
15/434*4 development field
23. O/M Expert
=0.14 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
8/434*4
24. Economist development field
=0.07
Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%
Duration of working experience in water resources
25. Hydropower 13/434*4 development field
Engineer =0.12 Y≥13 13>Y≥12 12>Y≥11 11>Y≥10
100% 90% 80% 70%

iii) Experience with International Consultants (2 points)


The number of service will be evaluated as the number of experience, if proposed expert
has worked with international consultants as any form of Joint Venture / Joint
Operation / Association / or Consortium during services of feasibility study during
services of feasibility study, preliminary/basic/detailed design, and/or construction
supervision of projects.

Classification Score Detail Evaluation

1. Co-Team 61/434*2 Overseas N≥3 2 1 None


Leader =0.28 experience 100% 90% 70% 40%
Section 2 – Instructions to Consultants – Data Sheet 46

46
Classification Score Detail Evaluation

61/434*2 Overseas N≥3 2 1 None


2. Dam Engineer
=0.28 experience 100% 90% 70% 40%

3. Construction 19/434*2 Overseas N≥3 2 1 None


Engineer =0.09 experience 100% 90% 70% 40%

4. Quality control 26/434*2 Overseas N≥3 2 1 None


Engineer =0.12 experience 100% 90% 70% 40%

17/434*2 Overseas N≥3 2 1 None


5. Cost Estimator
=0.08 experience 100% 90% 70% 40%

6. Contract 7/434*2= Overseas N≥3 2 1 None


Specialist 0.03 experience 100% 90% 70% 40%

7. Hydraulic 16/434*2 Overseas N≥3 2 1 None


Engineer =0.07 experience 100% 90% 70% 40%

12/434*2 Overseas N≥3 2 1 None


8. Hydrologist
=0.06 experience 100% 90% 70% 40%

9. Structural 27/434*2 Overseas N≥3 2 1 None


Engineer =0.12 experience 100% 90% 70% 40%
10. Geotechnical/ N≥3 2 1 None
19/434*2 Overseas
Embankment
=0.09 experience 100% 90% 70% 40%
Engineer
11. Geologist / N≥3 2 1 None
11/434*2 Overseas
Grouting
=0.05 experience 100% 90% 70% 40%
Engineer
12. Tunnel 18/434*2 Overseas N≥3 2 1 None
Engineer =0.08 experience 100% 90% 70% 40%

13. Road 11/434*2 Overseas N≥3 2 1 None


Engineer =0.05 experience 100% 90% 70% 40%

14. Mechanical 23/434*2 Overseas N≥3 2 1 None


Engineer =0.11 experience 100% 90% 70% 40%

15. Electrical 16/434*2 Overseas N≥3 2 1 None


Engineer =0.07 experience 100% 90% 70% 40%

16. Landsca 7/434*2= Overseas N≥3 2 1 None


pe Engineer 0.03 experience 100% 90% 70% 40%
17. Environmental 9/434*2= Overseas N≥3 2 1 None
Section 2 – Instructions to Consultants – Data Sheet 47

47
Classification Score Detail Evaluation
Engineer 0.04 experience 100% 90% 70% 40%

18. Instrumentatio 8/434*2= Overseas N≥3 2 1 None


n Expert 0.04 experience 100% 90% 70% 40%

19. Disaster 8/434*2= Overseas N≥3 2 1 None


Control Expert 0.04 experience 100% 90% 70% 40%

20. Watershed 9/434*2= Overseas N≥3 2 1 None


Expert 0.04 experience 100% 90% 70% 40%
21. Public N≥3 2 1 None
6/434*2= Overseas
Relation
0.03 experience 100% 90% 70% 40%
Specialist
22. Topographic 7/434*2= Overseas N≥3 2 1 None
Survey Expert 0.03 experience 100% 90% 70% 40%

15/434*2 Overseas N≥3 2 1 None


23. O/M Expert
=0.07 experience 100% 90% 70% 40%

8/434*2= Overseas N≥3 2 1 None


24. Economist
0.04 experience 100% 90% 70% 40%

25. Hydropower 13/434*2 Overseas N≥3 2 1 None


Engineer =0.06 experience
100% 90% 70% 40%
Section 3 – Technical Proposal – Standard Forms 48

48

SECTION 3
TECHNICAL PROPOSAL – STANDARD FORMS
Section 3 – Technical Proposal – Standard Forms 49

49

Section 3. Technical Proposal - Standard Forms

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 Employer
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
Service

TECH-5 Team Composition and Task Services

TECH-6 Curriculum Vitae (CV) for Proposed Professional Staff

TECH-7 Staffing Schedule

TECH-8 Work Schedule

TECH-9 Anti Corruption and Anti-Malpractice Declaration


Section 3 – Technical Proposal – Standard Forms 50

50

FORM TECH-1 TECHNICAL PROPOSAL SUBMISSION FORM

To: [insert Name and address of the Employer]

Dear Sirs,

We, the undersigned, offer to submit our Proposal for providing the Consulting Services
for the [insert Title of the Project] in accordance with your Request for Proposals dated
[insert Date]. We are hereby submitting our Proposal, which includes this Technical
Proposal, and a Financial Proposal sealed under a separate envelope.

We are submitting our Proposal in association with: [Insert a list with full name and
address of each associated Consultant]

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 1.9 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 Services related to the Project not
later than the date to be determined by the Employer.

We understand that you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature [in full and initials]: __________________________


Name and Title of Signatory: ____________________________________
Name of Firm: ________________________________________________
Address: _____________________________________________________
Section 3 – Technical Proposal – Standard Forms 51

51
Section 3 – Technical Proposal – Standard Forms 52

52

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
firm/entity and each associate for this service.]
Section 3 – Technical Proposal – Standard Forms 53

53
B - Consultant’s Experience

[Using the format below, provide information on each service for which your firm, and each
associate for this service, was legally contracted either individually as a corporate entity or
as one of the major companies within an association, for carrying out consulting supervision
similar to the ones requested under this service within last 10 years. Each page shall contain
information on a single (variable) contract. Within 20 pages.]

Service name: Approx. value of the contract (in current US$):2

Country: Duration of service (months):


Location within country:

Name of Employer: Total number of staff-months of the service:

Address: Approx. value of the services provided by your firm


under the contract (in current US$):

Start date (month/year): Number of professional staff-months provided by


Completion date (month/year): associated Consultants:

Name of associated Consultants, if any: Name of senior professional staff of your firm 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 service:

2
For contracts signed in currencies other than US Dollars, exchange rate applied to past works will be mentioned in the
data sheet on the basis of the telegraphic transfer selling rates as quoted and publicly displayed by any reputable bank of
Korea or Bank of Indonesia on the date of Contract signing.
Section 3 – Technical Proposal – Standard Forms 54

54
Firm’s Name:
Section 3 – Technical Proposal – Standard Forms 55

55
FORM TECH-3 COMMENTS AND SUGGESTIONS ON THE TERMS OF
REFERENCE AND ON COUNTERPART STAFF AND FACILITIES TO BE
PROVIDED BY THE EMPLOYER

A - 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 service (such as deleting
some activity you consider unnecessary, or adding another, or proposing a different
phasing of the activities). Such suggestions should be concise and to the point, and
incorporated in your Proposal.]
Section 3 – Technical Proposal – Standard Forms 56

56

B - On Counterpart Staff and Facilities

[Comment here on counterpart staff and facilities to be provided by the Employer


according to Paragraph Reference 1.4 of the Data Sheet including: administrative
support, office space, local transportation, equipment, data, etc.]
Section 3 – Technical Proposal – Standard Forms 57

57

FORM TECH-4 DESCRIPTION OF APPROACH, METHODOLOGY AND


WORK PLAN FOR PERFORMING THE SERVICE

(For small or very simple services the Employer should omit the following text in Italic)

[Technical approach, methodology and work plan are key components of the Technical
Proposal. You are suggested to present your Technical Proposal (Within 50 pages,
inclusive of charts and diagrams) divided into the following three chapters:

a) Technical Approach and Methodology,


b) Work Plan, and
c) Organization and Staffing,

a)Technical Approach and Methodology. In this chapter you should explain your
understanding of the objectives of the service, approach to the services, methodology
for carrying out the activities and obtaining the expected output, and the degree of
detail of such output. You should highlight the problems being addressed and their
importance, and explain the technical approach you would adopt to address them. You
should also explain the methodologies you propose to adopt and highlight the
compatibility of those methodologies with the proposed approach.

b)Work Plan. In this chapter you should propose the main activities of the service,
their content and duration, phasing and interrelations, milestones (including interim
approvals by the Employer), and delivery dates of the reports. The proposed work plan
should be consistent with the technical approach and methodology, showing
understanding of the TOR and ability to translate them into a feasible working plan. A
list of the final documents, including reports, drawings, and tables to be delivered as
final output, should be included here. The work plan should be consistent with the Work
Schedule of Form TECH-8.

c)Organization and Staffing. In this chapter you should propose the structure and
composition of your team. You should list the main disciplines of the service, the key
expert responsible, and proposed technical and support staff.]
Section 3 – Technical Proposal – Standard Forms 58

FORM TECH-5 TEAM COMPOSITION AND TASK SERVICES

Professional Staff
Name of Staff Firm Area of Expertise Position Assigned Task Assigned
Section 3 – Technical Proposal – Standard Forms 59

FORM TECH-6 CURRICULUM VITAE (CV) FOR PROPOSED


PROFESSIONAL STAFF

1.Proposed Position [only one candidate shall be nominated for each position]:

2.Name of Firm [Insert name of firm proposing the staff]:

3.Name of Staff [Insert full name]:

4.Date of Birth: Nationality:

5.Education [Indicate college/university and other specialized education of staff member, giving names
of institutions, degrees obtained, and dates of obtainment]:

6.Membership of Professional Associations:

7.Professional Competency Certificate:

8.Other Training [Indicate significant training since degrees under 5 - Education were obtained]:

9.Countries of Work Experience: [List countries where staff has worked in the last ten years]:

10.Languages: [For each language indicate proficiency: good, fair, or poor in speaking, reading, and
writing]:

11.Employment Record [Starting with present position, list in reverse order every employment held by
staff member since graduation, giving for each employment (see format here below): dates of
employment, name of employing organization, positions held.]:

From [Year]: To [Year]: ___________________


Employer:
Positions held:

12.Detailed Tasks Assigned [List all tasks to be performed under this service]

13.Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned
[Among the services in which the staff has been involved, indicate the following information for
those services that best illustrate staff capability to handle the tasks listed under point 11.]

Name of service or project:


Year:
Location:
Employer:
Main project features:
Positions held:
Activities performed:
Section 3 – Technical Proposal – Standard Forms 60

14.Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes
myself, my qualifications, and my experience. I understand that any wilful misstatement described
herein may lead to my disqualification or dismissal, if engaged.

Date:
[Signature of staff member or authorized representative of the staff] Day/Month/Year

Full name of authorized representative:

Herewith I attach the following supporting documents :

1. Professional Competency License.


Section 3 – Technical Proposal – Standard Forms 61

FORM TECH-7 STAFFING SCHEDULE1

Staff input (in the form of a bar chart)2 Total staff-month input
Name of Staff
1 2 3 4 5 6 7 8 9 10 11 12 n Home Field3 Total
Foreign
[Home]
1
[Field]
2

Subtotal
Local
[Home]
1
[Field]
2

Subtotal
Total
1. For Professional Staff the input should be indicated individually; for Support Staff it should be indicated by category (e.g.: draftsmen, clerical staff, etc.).
2. Months are counted from the start of the service. For each staff indicate separately staff input for home and field work.
3. Field work means work carried out at a place other than the Consultant's home office.
Full time input
Part time input
Section 3 – Technical Proposal – Standard Forms 62

FORM TECH-8 WORK SCHEDULE

Months2
No. Activity1
1 2 3 4 5 6 7 8 9 10 11 12 n
1
2
3
4
5

1. Indicate all main activities of the service, including delivery of reports (e.g.: inception, interim, and final reports), and other benchmarks such as Employer
approvals. For phased services indicate activities, delivery of reports, and benchmarks separately for each phase.
2. Duration of activities shall be indicated in the form of a bar chart.
Section 3 – Technical Proposal – Standard Forms 63

Form TECH-9: Anti Corruption and Anti-Malpractice Declaration

* 본 확약서의 영문 내용은 공식 번역문이 아니며, 불일치가 있는 경우 한글이 우선합니다.


The English text in this declaration is not an official translation. In case of discrepancy, the
Korean one shall prevail.

부패 및 문제유발 행위 불개입 확약서


Anti-Corruption and Anti-Malpractice Declaration

한국수출입은행 귀중
To The Export-Import Bank of Korea (the “Bank”)

사 업 명 :
Name of the Project (the “Project”):

당사는 표제의 대외경제협력기금(EDCF)(이하 “기금”이라 한다) 지원사업 참여와 관련하여


다음 사항을 확약합니다.
We hereby confirm the following with regard to participation in the Project stated above financed by
the Economic Development Cooperation Fund (EDCF):

- 다 음 -

1. 당사는 「국제상거래에 있어서 외국공무원에 대한 뇌물방지법」의 내용을 충분히 숙지하고


이를 정히 준수하며, 표제 사업과 관련하여 동 법에 규정된 외국공무원 등에 대한 뇌물제공
등 부패행위 또는 사실왜곡 등 사기행위에 관여한 사실이 없으며, 앞으로도 이러한 행위에
관련되지 않겠음.
1. We undertake full understanding and compliance with the "Act on Preventing Bribery of Foreign
Public Officials in International Business Transactions," and declare that neither we nor any other
party acting on our behalf with regard to the Project has engaged or will engage in corrupt or
fraudulent practices.

2. 당사는 표제 사업의 구매 등과 관련하여 뇌물제공 등 부패행위 또는 사실왜곡 등


사기행위가 확인되는 경우 귀행이 다음 사항 중 필요한 조치를 취하더라도 이의를 제기하지
않겠음.
2. If the Bank determines that we have engaged in corrupt or fraudulent practices with regard to
the Project, we will not raise any objections to the following actions taken by the Bank:
Section 3 – Technical Proposal – Standard Forms 64

가. 당사의 사업참여와 관련된 제반 사항에 대한 귀행의 승인 거부


2-1. Refusal of approval or no-objection with regard to our participation in the Project;

나. 확인일로부터 3 년 이하의 기간 동안 기금지원 신규사업 참여 제한 및 관련내용의


한국수출입은행 홈페이지 게시
2-2. Declaration of our ineligibility for not more than 3 years to be awarded a contract financed by
EDCF loans, and disclosure of our ineligibility on the Bank’s official website; and

다. 뇌물제공행위사실이 확인되는 경우 사법기관 앞 통지


2-3. Disclosure to law enforcement authorities of our verified acts of bribery.

3. 당사는 표제 사업과 관련하여 부실설계·시공 등 대외경제협력기금 운용관리규정


제 7 조의 6(문제 유발자에 대한 제재)의 제재사유(붙임)에 해당하는 경우에는 3 년 이하의
기간 동안 기금지원 신규사업 참여를 금지하더라도 이의를 제기하지 않겠음.
3. We will not raise any objections to the Bank’s declaration that we are ineligible for not more
than 3 years to be awarded a contract financed by EDCF loans if we fall under the Ineligibility
Criteria on Malpractice (attached hereto) of the Article 7-6 of the Regulations on EDCF Operation
and Management, for defective design and/or construction with regard to the Project.

년 월 일
Date/Month/Year

회사명 :
Name of the Company:

대표자 : (인)
Name of the Company Representative:

* 붙임 : 문제 유발자에 대한 제재사유 (대외경제협력기금 운용관리규정 제 7 조의 6)


Attached: Ineligibility Criteria on Malpractice under Article 7-6 of the Regulations on EDCF Operation and

Management
Section 3 – Technical Proposal – Standard Forms 65

(붙임)
(Attachment)

문제 유발자에 대한 제재사유
(대외경제협력기금 운용관리규정 제 7 조의 6)

Ineligibility Criteria on Malpractice


(Article 7-6 of the Regulations on EDCF Operation and Management)

1. 개도국정부등이 기자재 또는 용역의 하자 등에 관하여 대한민국정부에 서면으로 이의를


제기하고 그 사유가 타당하다고 인정되는 경우
1. Where the borrower raises an issue in writing on the defect of goods and services provided by
the company in question, and the Bank determines it reasonable; and

2. 「국가를 당사자로 하는 계약에 관한 법률 시행령」 제 76 조 제 1 항 제 1 호, 제 2 호,


제 4 호 내지 제 15 호, 제 17 호의 사유에 해당하는 경우
2. Where the company in question falls under Article 76 (1)-1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, and 17 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party.

<참고> 「국가를 당사자로 하는 계약에 관한 법률 시행령」 제 76 조 제 1 항


Reference: Article 76 (1) of the Enforcement Decree of the Act on Contracts to Which the State Is
a Party

1. 계약을 이행함에 있어서 부실·조잡 또는 부당하게 하거나 부정한 행위를 한 자


1. A person who has, in the execution of contractual obligations, performed deficiently, crudely or
unreasonably, or committed a malpractice;

2. 「건설산업기본법」·「전기공사업법」·「정보통신공사업법」 기타 다른 법령에 의한
하도급의 제한규정에 위반(하도급통지의무위반의 경우를 제외한다)하여 하도급한 자 및
발주관서의 승인없이 하도급을 하거나 발주관서의 승인을 얻은 하도급조건을 변경한 자
2. A person who has concluded a subcontract, in violation of the provisions concerning the
limitation of the subcontract (excluding the case of violating the liability for notification of the
subcontract) under the Framework Act on the Construction Industry, the Electrical Construction
Business Act, the Information and Communication Work Business Act, or other Acts and
subordinate statutes, and a person who has concluded a subcontract without the approval of the
government agency which has placed the order or has changed the conditions of the subcontract
approved by the said government agency;

4. 조사설계용역계약 또는 원가계산용역계약에 있어서 고의 또는 중대한 과실로


조사설계금액이나 원가계산금액을 적정하게 산정하지 아니한 자
4. A person who has, in the contract of survey and design services or of cost accounting
services, failed to appropriately calculate the amount of survey and design or cost accounting by
either intention or gross negligence;
Section 3 – Technical Proposal – Standard Forms 66

4 의 2. 「건설기술관리법」 제 2 조에 따른 타당성조사용역계약에 있어서 고의 또는 중대한


과실로 수요예측 등 타당성조사를 부실하게 수행하여 발주기관에 손해를 끼친 자
4-2. A person who has, in a service contract for a feasibility study under Article 2 of the
Construction Technology Management Act, inflicted damage on the ordering agency by
improperly carrying out feasibility studies such as demand forecast by either intention or gross
negligence;

5. 계약의 이행에 있어서 안전대책을 소홀히 하여 공중에게 위해를 가한 자 또는


사업장에서 「산업안전보건법」에 의한 안전·보건조치를 소홀히 하여 근로자등에게 사망등
중대한 위해를 가한 자
5. A person who has inflicted injury on the general public by neglecting safety measures while
fulfilling any contract or a person who has inflicted a serious injury, including death, on
employees, etc. through the neglect of safety and health measures of the Industrial Safety and
Health Act at the workplace;

6. 정당한 이유없이 계약을 체결 또는 이행(제 19 조에 따른 부대입찰에 관한 사항,


제 42 조 제 5 항에 따른 계약이행능력심사를 위하여 제출한 하도급관리계획, 외주근로자
근로조건 이행계획에 관한 사항과 제 72 조 및 제 72 조의 2 에 따른 공동계약에 관한
사항의 이행을 포함한다)하지 아니한 자
6. A person who has, without any just cause, failed to conclude or perform a contract (including
the performance of matters concerning an incidental tender under Article 19, matters concerning
the subcontract management plan and the performance plan for outsourcing workers' working
conditions submitted for the review of the contract performance capability under Article 42 (5)
and matters concerning a joint contract under Articles 72 and 72-2);

7. 경쟁입찰에 있어서 입찰자간에 서로 상의하여 미리 입찰가격을 협정하였거나 특정인의


낙찰을 위하여 담합한 자
7. A person who has agreed upon the bidding price in advance by having discussed it between
bidders or has colluded for the purpose of successful tender by a specific person in the
competitive tender;

8. 입찰 또는 계약에 관한 서류(제 39 조의 규정에 의하여 지정정보처리장치에 의하여


입찰서를 제출하는 경우의 「전자서명법」 제 2 조 제 8 호의 규정에 의한 공인인증서를
포함한다)를 위조·변조하거나 부정하게 행사한 자 또는 허위서류를 제출한 자
8. A person who has forged or altered documents concerning tender or contract (including any
written public certification provided for in subparagraph 8 of Article 2 of the Digital Signature Act
in the case where the documents for the tender are submitted in use of the designated
information processing unit) or used them unjustly, or a person who has produced a false
document;

9. 고의로 무효의 입찰을 한 자


9. A person who has executed an invalid tender by intent;

10. 입찰·낙찰 또는 계약의 체결·이행과 관련하여 관계공무원(법 제 29 조 제 1 항에 따른


국제계약분쟁조정위원회, 이 영 제 42 조 제 7 항에 따른 입찰금액적정성심사위원회,
Section 3 – Technical Proposal – Standard Forms 67

제 43 조 제 8 항에 따른 제안서평가위원회, 제 94 조 제 1 항에 따른 계약심의위원회,
건설기술관리법에 의한 중앙건설기술심의위원회·특별건설기술심의위원회 및 설계자문
위원회의 위원을 포함한다)에게 뇌물을 준 자

10. A person who has, in relation to a bid, successful bid, or conclusion of a contract and
execution thereof, offered a bribe to a relevant public official (including members of the
International Contract Dispute Conciliation Committee under Article 29 (1) of the Act, the
Committee for Examining the Adequacy of Tender Prices under Article 42 (7) of this Decree, the
Committee for Evaluating Written Proposals under Article 43 (8) of this Decree, the Contract
Council under Article 94 (1) of this Decree, the Central Construction Technology Deliberation
Committee, the Special Construction Technology Deliberation Committee, and the Design
Advisory Committee under the Construction Technology Management Act);

11. 입찰참가신청서 또는 입찰참가승낙서를 제출하고도 정당한 이유없이 당해 회계연도


중 3 회 이상 입찰(제 39 조 제 2 항에 따라 지정정보처리장치에 의하여 입찰서를 제출하게
한 입찰을 제외한다)에 참가하지 아니한 자
11. A person who has failed to participate in the bidding (excluding any bidding for which a
written bidding is submitted by means of the designated information processing unit provided for
in the provisions of Article 39 (2)) three or more times during the corresponding fiscal year
without justifiable reasons even after having submitted a written application for participation in the
tender or a written consent to participation in the tender;

12. 입찰참가를 방해하거나 낙찰자의 계약체결 또는 그 이행을 방해한 자


12. A person who has interfered with participation in the tender or hinders a successful bidder
from concluding the contract and executing it;

13. 감독 또는 검사에 있어서 그 직무의 수행을 방해한 자


13. A person who has interfered with the performance of duties in the course of supervision or
inspection;

14. 정당한 이유없이 제 42 조 제 1 항에 따른 계약이행능력의 심사에 필요한 서류의 전부


또는 일부를 제출하지 아니하거나 서류제출 후 낙찰자 결정 전에 심사를 포기한 자
14. A person who has, without any justifiable grounds, failed to submit the full or part of the
documents which are required for an examination of capabilities to perform the contract pursuant
to Article 42 (1) or a person who has abandoned the examination after submitting the required
documents before a successful bidder is finalized;

14 의 2. 제 42 조 제 4 항에 따른 입찰금액의 적정성심사의 대상자로 선정된 후 정당한


이유없이 심사에 필요한 서류의 전부 또는 일부를 제출하지 아니하거나 서류제출 후
낙찰자 결정 전에 심사를 포기한 자
14-2. A person who has, without any justifiable grounds, failed to submit the full or part of the
documents which are required for an examination after he/she was chosen as a participant in the
examination of the adequacy of bidding prices pursuant to Article 42 (4) or a person who has
abandoned the examination after submitting the required documents before a successful bidder
is determined;
Section 3 – Technical Proposal – Standard Forms 68

15. 제 87 조에 따라 일괄입찰의 낙찰자를 결정하는 경우에 실시설계적격자로 선정된 후


정당한 이유없이 기한내에 실시설계서를 제출하지 아니한 자
15. Where a successful bidder is determined for the package deal bid under Article 87, a person
who has failed to submit a written execution design within the time limit without any justifiable
reasons after being selected as a person suitable for the execution design; and

17. 사기, 그 밖의 부정한 행위로 입찰·낙찰 또는 계약의 체결·이행 과정에서 국가에


손해를 끼친 자
17. A person who has caused damage to the State in a bid or a successful bid or during the
process of the conclusion or performance of the contract by deceit or other fraudulent means.
Section 4. Financial Proposal – Sample Forms
69

SECTION 4
FINANCIAL PROPOSAL – STANDARD FORMS
Section 4. Financial Proposal – Sample Forms
70

Section 4
Financial Proposal – Sample Forms

Sample Forms for the Financial Proposal shall be used for the preparation of the Financial
Proposal according to the instructions under para. 3.7 of Section 2.

FIN-1 Financial Proposal Submission Form

FIN-2 Summary of Costs

FIN -3 Breakdown of Remuneration (Time-Based)

FIN -4 Breakdown of Out-of-Pocket Expenses (Time-Based)

Appendix Financial Negotiations – Breakdown of Remuneration Rates


Section 4. Financial Proposal – Sample Forms
71

Form FIN-1: Financial Proposal Submission Form

To: [Name and address of the Employer]

Dear Sirs,

We, the undersigned, offer to submit our Proposal for providing the Services for the [insert
title of the Project] in accordance with your Request for Proposals dated [insert Date]. Our
attached Financial Proposal is for the sum of [insert amount(s) in words and figures3]. This
amount is exclusive of the local taxes, which shall be exempted or borne by the Employer.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from
Contract negotiations, up to the expiration of the validity period of the Proposal, i.e., before
the date indicated in Paragraph Reference 1.9 of the Data Sheet.

We understand that you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature [in full and initials]: __________________________


Name and Title of Signatory: ____________________________________
Name of Firm: ________________________________________________
Address: _____________________________________________________

3
Amounts must be consistent with the ones indicated under Total Cost of Financial Proposal in Form FIN-2.
Section 4. Financial Proposal – Sample Forms
72

Form FIN-2: Summary of Costs

Costs (in U.S. Dollars4)


Foreign Local
Item Remarks
Currency Currency Sub Total
Portion Portion
Remuneration

Out-of-Pocket
Expenses

Total5

4
If specified otherwise in para 3.7.2 of Section 2, apply currency other than U.S. Dollars.
5
Indicate the total costs, net of local taxes, to be paid by the Employer.
Section 4. Financial Proposal – Sample Forms
73

Form FIN-3: Breakdown of Remuneration6

Staff-month Rate9 Costs12 (in U.S.


Name7 Position8 Input11
(in U.S. Dollars10) Dollars5)
Foreign Staff
[Home]
[Field]

Local Staff
[Home]
[Field]

6
Form FIN-3 shall be filled in for the same Professional and Support Personnel listed in Form TECH-7.
7
Professional Personnel should be indicated individually; Support Personnel should be indicated per category (e.g.: draftsman, administrative personnel).
8
Positions for the Professional Personnel shall coincide with the ones indicated in Form TECH-5.
9
Indicate separately staff-month rate for home and field work.
10
If specified otherwise in para 3.7.2 of Section 2, apply currency other than U.S. Dollars.
11
Indicate, separately for home and field work, the total expected input of staff for carrying out the group of activities or phase indicated in the Form.
12
For each staff indicate the remuneration, separately for home and field work. Remuneration = Staff-month Rate x Input..
Section 4. Financial Proposal – Sample Forms
74

Form FIN-4: Breakdown of Out-of-Pocket Expenses

Unit Cost Costs15


No. Description 13
Unit (in U.S. Quantity (in U.S. Dollars2)
Dollars14)
1 Per diem allowances Day
2 International flights16 Trip
3 Miscellaneous travel expenses Trip
Communication costs between [insert
4 place] and [insert place]
5 Drafting, reproduction of reports
Equipment, instruments, materials,
6
supplies, etc.
7 Shipment of personal effects Trip
8 Use of computers, software
9 Laboratory tests
10 Subcontracts
11 Local transportation costs
12 Office, administrative assistance
13 Training of the Employer’s personnel17
Total Costs

13
The description list is provided for guidance. Delete items that are not applicable or add other items, If necessary.
14
If specified otherwise in para 3.7.2 of Section 2, apply currency other than U.S. Dollars.
15
Indicate the cost of each out-of-pocket expences. Cost = Unit Cost x Quantity.
16
Indicate route of each flight, and if the trip is one- or two-ways.
17
Indicate only if the training is a major component of the Consulting Services, defined as such in the TOR.
Section 4. Financial Proposal – Sample Forms - Appendix 75

Appendix: Financial Negotiations - Breakdown of Remuneration Rates

1. Review of Remuneration Rates

1.1 The remuneration rates for staff are made up of salary, social costs, overheads, fee that
is profit, and any premium or allowance paid for assignments away from headquarters.
To assist the firm in preparing financial negotiations, a Sample Form giving a
breakdown of rates is attached (no financial information should be included in the
Technical Proposal). Agreed breakdown sheets shall form part of the negotiated
contract.

1.2 The Employer is charged with the custody of government funds and is expected to
exercise prudence in the expenditure of these funds. The Employer is, therefore,
concerned with the reasonableness of the firm’s Financial Proposal, and, during
negotiations, it expects to be able to review audited financial statements backing up
the firm’s remuneration rates, certified by an independent auditor. The firm shall be
prepared to disclose such audited financial statements for the last three years, to
substantiate its rates, and accept that its proposed rates and other financial matters are
subject to scrutiny. Rate details are discussed below.
(i) Salary
This is the gross regular cash salary paid to the individual in the firm’s home
office. It shall not contain any premium for work away from headquarters or
bonus (except where these are included by law or government regulations).
(ii) Bonus
Bonuses are normally paid out of profits. Because the Employer does not wish to
make double payments for the same item, staff bonuses shall not normally be
included in the rates. Where the Consultant’s accounting system is such that the
percentages of social costs and overheads are based on total revenue, including
bonuses, those percentages shall be adjusted downward accordingly. Where
national policy requires that 13 months’ pay be given for 12 months’ work, the
profit element need not be adjusted downward. Any discussions on bonuses shall
be supported by audited documentation, which shall be treated as confidential.
(iii) Social Costs
Social costs are the costs to the firm of staff’s non-monetary benefits. These items
include, inter alia, social security including pension, medical and life insurance
costs, and the cost of a staff member being sick or on vacation. In this regard, the
cost of leave for public holidays is not an acceptable social cost nor is the cost of
leave taken during an assignment if no additional staff replacement has been
Section 4. Financial Proposal – Sample Forms - Appendix 76

provided. Additional leave taken at the end of an assignment in accordance with


the firm’s leave policy is acceptable as a social cost.
(iv) Cost of Leave
The principles of calculating the cost of total days leave per annum as a
percentage of basic salary shall normally be as follows:
total days leave x 100
Leave cost as percentage of salary 1 = [365 - w - ph - v - s]

It is important to note that leave can be considered a social cost only if the
Employer is not charged for the leave taken.
(v) Overheads
Overhead expenses are the firm’s business costs that are not directly related to the
execution of the assignment and shall not be reimbursed as separate items under
the contract. Typical items are home office costs (partner’s time, nonbillable time,
time of senior staff monitoring the project, rent, support staff, research, staff
training, marketing, etc.), the cost of staff not currently employed on revenue-
earning projects, taxes on business activities and business promotion costs.
During negotiations, audited financial statements, certified as correct by an
independent auditor and supporting the last three years’ overheads, shall be
available for discussion, together with detailed lists of items making up the
overheads and the percentage by which each relates to basic salary. The Employer
does not accept an add-on margin for social charges, overhead expenses, etc., for
staff who are not permanent employees of the firm. In such case, the firm shall be
entitled only to administrative costs and fee on the monthly payments charged for
subcontracted staff.
(vi) Fee or Profit
The fee or profit shall be based on the sum of the salary, social costs, and
overhead. If any bonuses paid on a regular basis are listed, a corresponding
reduction in the profit element shall be expected. Fee or profit shall not be
allowed on travel or other reimbursable expenses, unless in the latter case an
unusually large amount of procurement of equipment is required. The firm shall
note that payments shall be made against an agreed estimated payment schedule
as described in the draft form of the contract.
(vii) Away from Headquarters Allowance or Premium
Some Consultants pay allowances to staff working away from headquarters. Such
allowances are calculated as a percentage of salary and shall not draw overheads
or profit. Sometimes, by law, such allowances may draw social costs. In this case,
the amount of this social cost shall still be shown under social costs, with the net
allowance shown separately. For concerned staff, this allowance, where paid,

1
Where w = weekends, ph = public holidays, v = vacation, and s = sick leave.
Section 4. Financial Proposal – Sample Forms - Appendix 77

shall cover home education, etc.; these and similar items shall not be considered
as reimbursable costs.
(viii) Subsistence Allowances
Subsistence allowances are not included in the rates, but are paid separately. No
additional subsistence is payable for dependents the subsistence rate shall be the
same for married and single team members.
UNDP standard rates for the particular country may be used as reference to
determine subsistence allowances.

2. Out-of-pocket Expenses

2.1 The financial negotiations shall further focus on out-of-pocket expenses. These costs
may include, but are not restricted to, cost of surveys, equipment, office rent, supplies,
international and local travel, computer rental, mobilization and demobilization,
insurance, and printing. These costs may be either unit rates or reimbursable on the
presentation of invoices.

3. Bank Guarantee

3.1 Payments to the firm, including payment of any advance based on cash flow
projections covered by a bank guarantee, shall be made according to an agreed
estimated schedule ensuring the firm regular payments in Korean Won, as long as the
services proceed as planned.
Section 4. Financial Proposal – Sample Forms - Appendix 78

Sample Form

Consulting Firm: Country:


Assignment: Date:

Consultant’s Representations Regarding Costs and Charges

We hereby confirm that:

(a) the basic salaries indicated in the attached table are taken from the firm’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 firm’s staff;

(b) attached are true copies of the latest salary slips of the staff members listed;

(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;

(d) the factors listed in the attached table for social charges and overhead are based on the
firm’s average cost experiences for the latest three years as represented by the firm’s
financial statements; and

(e) said factors for overhead and social charges do not include any bonuses or other means of
profit-sharing.

[Name of Consulting Firm]

Signature of Authorized Representative Date

Name:

Title:
Section 4. Financial Proposal – Sample Forms - Appendix 79

Consultant’s Representations Regarding Costs and Charges

(Expressed in US Dollars18)

Personnel 1 2 3 4 5 6 7 8
Basic Salary per Away from Proposed Fixed Proposed Fixed
Social
Name Position Working Overhead2 Subtotal Fee20 Headquarters Rate per Working Rate per Working
Charges19
Month/Day/Year Allowance Month/Day/Hour Month/Day/Hour1
Home Office

Field

18
If specified otherwise in para 3.7.2 of Section 2, apply currency other than U.S. Dollars.
19
Expressed as percentage of 1
20
Expressed as percentage of 4
Section 5. Term of Reference
80

SECTION 5
TERMS OF REFERENCE
Section 5. Term of Reference
81

TERMS OF REFERENCE
for
CONSULTING SERVICES
for
CONSTRUCTION SUPERVISION
on
THE KARIAN MULTIPURPOSE DAM PROJECT

1. INTRODUCTION
1.1 Background and Justification

The Republic of Indonesia is a country in Southeast Asia. Indonesia comprises five large
islands and about 17,500 small volcanic islands scattered over both sides of the Equate.
The five largest islands are Java, Sumatra, Kalimantan, New Guinea, and Sulawesi. With a
population of around 230 million people, it is the fourth most populous country in the
world.

The proposed project area is located in Java Island, which has the national capital city,
Jakarta. Since 1970s, JABOTABEK area, comprising Jakarta, Bogor, Tangerang, and
Bekasi, has been rapidly industrialized and urbanized. JABOTABEK will be expected to
have over 50 million populations in 2025 according to analysis of population growth.

As the results from increasing population, a number of development activities such as


housing estates, industrial complexes, have been undertaken in recent years in
JABOTABEK. Urbanization and Industrialization must need more water supply demand of
the municipal and industrial water use.

In order to prepare the increasing water supply demand, the Directorate General of Water
Resources Development (DGWRD) of the Ministry of Public Works carried out the
comprehensive study on water resources development in and around JABOTABEK by
1989. With the results of this study, the Government of Indonesia requested technical
assistance to Japan Government in 1991.

In response to the request mentioned above, the Japan international Cooperation Agency
(hereinafter called “JICA”) conducted the study on Ciujung-Cidurian Integrated Water
Resources (hereinafter called “C/C Study”) for three years from 1993 to 1995 while the
GOI also started and completed the JABOTABEK Water Resources Management Study
(hereinafter called “JWRMS”) until 1994

Through the JWRMS, the GOI established the Master Plan for Municipal and Industrial
Water Supply for the JABOTABEK as target year of 2025. On referring to JWRMS, JICA
suggested four dams’ construction in phases, such as Karian, Pasir Kopo, Cilawang,
Tanjung including Karian-Serpong Conveyance System (hereinafter called “KSCS”) from
Section 5. Term of Reference
82

the Karian reservoir to Serpong Water Treatment Plant in the C/C Study. In the C/C Study,
Karian Dam and KSCS were identified to start the first urgent project among the proposed
dam projects.

However, there was no real implementation in relation with the proposed project since the
C/C study. After all, the Ministry of Public Works of GOI requested the Korea
International Cooperation Agency (hereinafter called “KOICA”) to provide technical
assistance for updating Feasibility Study (FS) and Detailed Design (DED) on Karian
Multipurpose Dam Project, including a part of KSCS from Karian reservoir to Parupanjang
Water Treatment Plant in year 2004. The FS and DED on Karian Dam Construction have
been conducted for two years from 2004 to 2006.

Since the completion of FS and DED on Karian Multipurpose Dam Project in 2006, GOI
has conducted preparation works for the implementation of the Project such as design
certification, study of Land Acquisition and Resettlement Action Plan (hereinafter called
“LARAP”). In connection with the physical implementation, Land Acquisition in the
Project area has been conducted since 2008 and construction of access road to dam site was
started in 2010

As concluded by those existing studies, Karian Multipurpose Dam Project is the first phase
development of the water resources development plan in the Ciujung and Cidurian river
basins for domestic, municipal and industrial (DMI) water supply to Serang, Tangerang
and DKI Jakarta and irrigation water supply to the existing downstream Ciujung areas.

The specific objectives of the Karian Dam Development are followings;


-
M &I water supply to Banten, West Java and DKI Jakarta ( 9.1 m3/sec)
-
Supplementary M &I water supply to Serang, Cilegon cities and irrigation water supply
to about 23,000 ha in the existing areas of Ciujung irrigation scheme. ( 5.5 m3/sec)
-
Flood control 60.8 million m3
-
Regional economy development, Eco-tourism, Transportation improvement, micro-
hydro power generation, etc.

1.2 Purposes

The main purposes of the Karian Dam are followed below;


(1) To improve healthy and hygienic condition through domestic & municipal water supply
(2) To assist the economic growth through industry water supply
(3) To reduce the damages of flooding
(4) To alleviate the rural poverty through irrigation water supply
(5) To Supply ;
 Municipal and Industrial (M &I) water supply (9.1 m3/s) to Banten, West Java and DKI
Jakarta
 M &I, Irrigational water supply (5.5 m 3/s) to Serang, Cilegon, Ciujung Irrigated
Section 5. Term of Reference
83

Scheme of 23,000 ha
Section 5. Term of Reference
84

2. DESCRIPTION OF THE PROJECT


2.1 Project Location

The Project Area is administratively belonged to Lebak District, Banten Province in Java
Island. It lies between longitudes of 105°48′ to 107°28′ east and latitude of 5°50′ to 7°10′
south. It covers 11 villages from 4 sub-districts such as Rangkasbitung, Maja, Cimarga and
Sajira.

The Project area is bounded by Java Sea in the North and the west, its south is mountainous
with the altitude of 1,300 m to 2,200 m.

The climate is typical tropical with two monsoonal wet and dry seasons. Average annual
rainfall is about 2,500 mm, particularly highest rainfall over 3,500 mm in mountainous
area. Temperature vary little throughout the year, the monthly temperature is between 26°C
and 27°C at Serang.

Especially, the Karian Dam site is located at around 10 km upstream from Rangkasbitung
in the Ciberang River, which is a tributary of Ciujung River. The Karian reservoir area is
about 288 km 2, the Ciujung River originate from the southern mountainous part and flow
into Java Sea via the western part of the project area, the catchment area of Ciujung River
is around 1,850 km 2.

2.2 Description of the Project


2.2.1 Dam Functions

The proposed Karian Dam has the variable functions of water supply, flood control. In
addition, hydropower generation is also considered to manage dam facilities more
efficiently in future.

The dam capacity of water supply is designed around 14.6 m3/s, mainly 5.5 m3/s of water
supply to the Serang area and 9.1m3/s of water supply to Tangerang area for municipal and
industrial demand.

Also, flooding might be controlled due to spillway’s automatic discharges operated by


Auto ROM method. The scale of side channel spillway is determined so that 10-year
frequency flood can be decreased to 5-year frequency flood. The volume of flood control
will be expected to be 60.8 MCM.

Third, potential hydropower generation will be considered for more efficient dam
maintenance by adopting favorable condition, the outflow to downstream is probably
Section 5. Term of Reference
85

estimated about at 2.2 m3/s after construction of Pasir Kopo dam. Therefore, the capacity of
hydroelectric power is suggested to be 650 kW.

2.2.2 Dam Type

The Dam type of Karian Dam is adopted as the Center Core Rockfill Dam (CCRD) type to
make a use of embankment materials near the Dam site.

Especially, the rockfill type is very appropriate and useful in case of weathered rock or
river deposit foundation like the Karian dam site. As the construction materials are easy to
obtain near Dam site, it is also economical to construct the Karian Dam with rockfill type.

2.2.3 Facilities of the Project

1) Main Dam

The Karian dam is designed to have Length of 516 m, Height of 60.5 m, and Crest Width
of 10 m. The dam body consists of four zones such as core zone (impervious zone), fine
filter zone, coarse filter zone and rock fill zone.

2) Saddle Dam

Three sets of Saddle Dams will be installed at the three locations with total length 902m.
Crest level of Saddle Dam crest is to be EL. 72.5 m like the main dam crest. The crest
width of saddle dams is to be 6.0m.

3) Spillway

The spillway is aligned toward the channel center of the river from the right bank hill under
the following design conditions and concepts:

a) A probable maximum flood (PMF) with a peak flow of 3,671 m 3/s is adopted as a
design flood inflow for the spillway
b) An ungated side channel spillway and a gated ogee spillway are used in combination
c) The ungated side channel spillway is arranged to release a flood less than 1/2 of the
PMF without any operation
d) The gated spillway is to be operated only when the reservoir water level becomes
higher than FWL (EL.70.85 m)
Section 5. Term of Reference
86

The ungated side channel spillway is provided at the right bank of gated spillway with 50
m long crest and 18.0 m wide side channel. The crest is set at the normal high water level
(NHWL) of EL. 67.5 m. The gated ogee spillway has two radial gates of 12.5 m wide and
13.4 m high. The weir crest is set at EL. 57.5 m.

The reservoir flood routing effect is calculated for each of the 1/2 PMF and PMF as
follows.
 1/2 of PMF : Qi = 1,850 m3/s, Qo = 658 m3/s, FWL = 70.85 m
 PMF: Qi = 3,671 m3/s, Qo =3,190 m3/s, MWL = 71.22 m

4) River Diversion

The river diversion method during the dam construction is determined as the diversion
tunnel type, which is generally applied to rockfill construction dam type. The diversion
tunnel was designed to be placed on the right side and completely separated from the main
dam site, so that the main dam construction can be carried out smoothly.

The diversion facilities include two diversion tunnels and both up and downstream coffer
dams. The diversion tunnels are divided into the inlet and outlet portals and tunnels. 25-
year flood was selected as the design flood (peak inflow: 775 m3/s).

Diversion Tunnels (2 Lanes)

 Location: On the right side of the dam

 Length: Diversion tunnel No. 1: 512.6 m, Diversion tunnel No. 2: 506.35 m

 Inside diameter: 4.5 m

 Type: Horseshoe-shaped tunnel

 Closing gate: Steel sliding gate

 Bottom elevation of inlet portal: EL. 20.0 m

 Bottom elevation of outlet portal: EL. 19.0 m

5) Intake Facilities

Intake facilities of the Karian dam are aimed to stably secure municipal and industrial
water supply (5.5 m3/s) for Serang area. The type of intake structure was determined as a
free-standing tower, which is composed of reinforced concrete structure with 2.5 m x 2.5 m
four-bladed square sluice gates and the lowest intake inlet of EL.39.5 m, considering
emergency intake. Obtained water is planned to be discharged to the downstream via a
diversion tunnel and an intake tunnel with a diameter of 2.0 m.

The intake structure was designed to be installed at the right upstream bank of the dam in
consideration of its connection with diversion tunnel.
Section 5. Term of Reference
87

6) Road Works

Road works are consisting of i) access to dam site, ii) 3 sets of access road to three borrow
sites, and iii) 2 sets of access road to two quarry sites. Asphalt and Gravel Pavement will be
used for the pavement methods.

7) Building Works

The Project shall construct some temporary buildings during construction, dam control
office building, permanent living quarters for the personnel in charge of dam operation and
maintenance, hydrological and radio station houses for the telecommunication system, and
other appurtenant buildings.

8) Landscape Works

Landscape works are considered and designed to further enhance the architectural features
and functions of the dam control office building area and the living quarters. Main facilities
of Landscape Works are consisting of; Jogging Track, Sitting Spot, Pavement Works,
Parking Lot Accessories, Plaza, Garden Footpath, Outdoor stairs, etc.

9) Mechanical Works

Mechanical Works are parts of three structures; i) Spillway, ii) Intake and Outlet Facilities,
and iii) River Diversion Tunnel.

Spillway

 Two (2) sets of radial gates in the Spillway structure will be provided for discharging
and controlling the excessive water during flood through Spillway.

Intake and Outlet Facilities

 Four (4) sets of intake gates in the Intake facilities will be provided at the inlet intake
tower for shutting off the water inflow to the downstream river.

 Four (4) screens are provided at the mouth of the intake gates in order to prevent
drifting logs / trashes from entering into the pipe line so as not to damage the intake
gate and steel pipe and valve.

 Steel pipe (steel penstock) with an inside diameter of 2.0 m, the length of 260 m, and a
discharge capacity of 5.5 m³ / sec (maximum 6.0 m³/ sec ).

 One (1) set of hollow jet valve with a diameter(Ø) of 2,000 mm , Sluice valve type and
Electric actuator type driving.

River Diversion Tunnel


Section 5. Term of Reference
88

 Two (2) sets of diversion gates will be provided at the inlet of the diversion tunnel for
shutting off water inflow to the diversion tunnel. Gates will be installed to stick to the
inlet of the tunnel by a truck crane at once.

10) Electrical Works

Electrical works are divided into dam site power supply, power receiving and distribution,
cabling and wiring, and lighting and auxiliary service system. Necessary electric power
supply plans are followings;

 Intake Gate :
- Gate No.1 = 5.5 KW
- Gate No.2 = 5.5 KW
- Gate No.3 = 7.5 KW
- Gate No.4 = 7.5 KW
 Spillway Gate :
- Radial gate no.1 = 22 KW
- Radial gate no.2 = 22 KW
 Diversion Tunnel :
- Hollow jet valve = 22 KW
- Sluice gate = 22 KW
 Dam Crest Lighting and Building Facilities Lighting
 Building Facilities :
- Dam Control Office = 8.4 KW
- PU Office = 8.4 KW
- Consultant Office = 10.6 KW
- Laboratoriom = 5.3 KW
- Mushola = 0.8 KW
- Clinic = 1.8 KW
- Storage = 0.8 KW
- Telecommunication system = 5 KW
- Control System = 3 KW
- Guard House = 0.3 KW

11) Telecommunication Works

Telecommunication System is consisting of telemetry and flood warning system. Detailed


works for each system are as follows.

 Telemetry System
- Rain Gauge Equipment 1 set
- Waterlevel Gauge Equipment 1 set
- Telemetry Equipment 1 set
- Radio Equipment 1 set
- Spare Boards & Unit for Telemetry, Supervisory/Control & Teleprinter 1 lot
- Solar Cells 1 set
Section 5. Term of Reference
89

- Storage Battery 1 set


- Consumable and Spare Parts 1 lot
(Recording Paper, pen, ink, semiconductor, resistance, lamp, fuse, etc. )

 Flood Warning System


- Warning Equipment 1 set
- Radio Equipment 1 set
- Spare Boards and Units for Warning and Supervisory / Control 1 lot
Equipment and Typewriter
- Solar Cells 1 set
- Storage Battery 1 set
- Consumable and Spare Parts 1 lot
(Recording paper, semiconductor, resistance, lamp, fuse, etc.)

2.2.4 Non-Structure Services


1) Coordination for Resettlement

Due to the Karian dam, about 2,017 ha inclusive Ciberang River area of 126.5 ha
is expected to be inundated. Around 17,400 inhabitants or 3,106 households
living in 11 villages of 4 sub-districts are supposed to displace to new living
areas.

Even if most inhabitants agreed to move out their home on condition that new
living towns are not far from home, the resettlement is a very important issue in
social and/or economic section before or at the beginning of dam construction.

It is necessary to try to solve the resettlement problem between the residents of


inundated area and GOI by meeting the residents, discussing land acquisition,
finding reasonable compensation ways.

2) Disaster Management

(1) Establishment of Institutional Setup for Flood Warning and Evacuation

The definite institutional setup for flood warning and evacuation system
with involvement of the residents would be strengthened and/or developed
through coordination with relevant organizations, such as the Directorate
General of Water Resources of the Ministry of Public Works, the Kabupaten
Lebak, Banten Province, other relevant governmental agencies and local
communities.

(2) Development of Flood Monitoring and Dissemination Facilities


Section 5. Term of Reference
90

The real-time-based flood monitoring and dissemination facilities would


involve rainfall gauging stations and water level gauging stations, and
warning stations.

(3) Development of Stepwise Flood Warning Procedures

The flood warning system considering stepwise stages of "standby",


"issuance of warning message" and "issuance of message for evacuation"
shall be developed.

(4) Strengthening of Public Participation for Disaster Prevention

Proper measures for the strengthening of public participation should be


conducted in order to activate the disaster prevention.

3) Watershed Management

(1) Study on the Erosion Control

Lack of the proper erosion control in the basin will increase sediment
deposition of the proposed Karian reservoir; increase the water treatment
problems of PDAM, degrade the river channels, worsen the aquatic life
conditions of rivers as well as make the soil property of farmlands poor. For
sustainable development of the basin, especially for the proposed water
resources development, promotion of the erosion control in the basin is
essentially necessary.

(2) Study on Sedimentation in Karian Basin

The relation equation between the flow discharge and the volume of
sedimentation was formulated through the measures from four water level
gauge stations in Karian Basin. The annual average wash and suspended
load to flow into Karian reservoir were estimated at 609,400.04 m3/yr by
using the equation above mentioned and taking the data for 35 years from
1970 to 2004.

Considering on the percent of trapped sediments and soil density, the


average annual sedimentation volume probably is estimated at 579,162 m3/yr
in Karian Reservoir.

(3) Public Information Campaign

The Consultant will assist DGWR, Lebak District Government and the
agencies concerned in the formulation of the most effective, adaptable,
viable and economical plan, strategy and approach, in the conduct of an
intensive information campaign of the proposed Project.
Section 5. Term of Reference
91

The main purpose of this information campaign is as follows;

- Education of the people regarding the importance of the Project and the
potential benefit of the Dam in economic, social, environmental and
urban developments,

- Strengthening of the prohibition of illegal waste disposal to the rivers and


reservoir, and the public awareness of cleaning of rivers and reservoir,
and

- Education of the people to prevent illegal buildings along the reservoir


and river.

(4) Necessary Organization for Integrated Watershed Management

To attain a satisfactory watershed management of the basin, an integral


approach involving various governmental sectors, communities, farmers,
land developers, water users and research centers is necessary. A
coordination committee on the watershed management should be established
to promote the watershed management in an integrated manner.

(5) Green Belt Development Plan

Plantation green belt around the dam site, road side and office
complex/colony area will be created to avoid erosion of soil, prevention of
land slips, minimize the air pollution and noise pollution in the project area.
Development of green belt not only minimizes these impacts but also
improves the aesthetic environment of the region. Therefore, a “Green Belt
Development Plan” has been proposed around the project area in general and
along the project components in particular using the local flora.
Section 5. Term of Reference
92

3. SCOPE OF WORKS
3.1 General Scope of Work

Scope of work for the engineering services is to assist the River Basin Office of Cidanau-
Ciujung-Cidurian (BBWS C3) under Directorate General of Water Resources (DGWR),
Ministry of Public Works (MPW) for the whole Project in Pre-Construction, Construction
Post-Construction Stage.

3.2 Specific Scope of Work

3.2.1 Services to implement Project

The Consultant shall perform the following services:

1) Overall Project Coordination, Monitoring, Reporting

The consultant of Dam Construction will assist DGWR for the necessity of
coordination with the executing agency, Directorate General of Water
Resources (DGWR) under Ministry of Public Works (MPW), implementing
agency, BBWS C3 under MPW, Kabupaten Government of Lebak, Provincial
Government of Banten, local community, local NGOs, local university and
others that might involved and/or interested to contribute ideas in this project, in
order to harmonize, synchronize, and to keep the implementation of all
components on scheduled. The consultant will be also requested to exercise
monitoring on the whole activities of consultants, to monitor the financial and
physical progress of entire construction works. Integrated progress report on the
whole activities financed by this EDCF Loan INA-19 will also be carried out by
the DGWR's consultant, and to be submitted regularly to DGWR-MPW and
KEXIM Bank.

(1) Coordination

 To assist the DGWR on arrangement of coordination meeting every 3


(three) months, and at anytime as if necessary and requested by the
executing agencies.

 Preparing minutes of coordination meeting and distribute to all concerned


parties.

 To remind all parties concerned to follow up the findings during


coordination meeting.

 To remind the other consultant team the due time of submitting progress
report, etc
Section 5. Term of Reference
93

(2) Monitoring

 To monitor all activities during the implementation of the project, for all
components of INA-19, physically and financially, and make necessity
action/reminder to catch up the delayed.

 Reporting

 To prepare integrated report for the entire implementation of the whole


components under INA-19, financially and physically.

 To prepare explanatory notes for any changing of the original scope of


works, either of the DGWR or DGHS portion.

 To prepare the Integrated Project Completion Report for the entire


components of INA-19.

2) Pre-Construction Stage

 Conducting geophysical survey, pilot borebhole, checking survey of existing


aero-topography about reservoir area;

 Reviewing detailed design drawings and cost, including hydrological review


especially coffer dam and diversion works;

 Preparing a detailed monitoring program based on the RPL, RKL and other
relevant documents;

 Discussing the resettlement issue with DGWR and Local government;

 Preparing pre-qualification and tender evaluation criteria;

 Evaluation of pre-qualification documents received from the candidates


for tender;

 Attending the pre-tender conference at the Ministry, and the site


explanation to tenderers;

 Attending the tender opening, and conducting the evaluation together


with preparing the tender evaluation report; and,

 Preparing the study and detail design for the small hydropower generation plant.

3) Construction Stage

(1) Construction Supervision


Section 5. Term of Reference
94

The consultant shall assist the Government by rendering sound and technically
adequate advice with all reasonable care, skill and diligence.

 Review and endorsement of the all proposed plans, schedule and


documents related to the project implementation and construction works
submitted by the Contractor for approval;

 Check to ensure the Contractor adherence to its plan and schedule


approved;

 Check the resettlement status every three month and/or when necessary

 Check and endorsement of designs and design calculations prepared


by the Contractor;

 Establishment of procedures of testing construction materials and


evaluation of the test results conducted by the Contractor;

 Check and inspection of the work quality and quantities;

 Supervision of additional field investigations when required;

 Advise on purchasing schedule and quantity of construction


materials such as explosives, steel, cement, etc., to provide the
license to the Contractor;

 Advise on the method of measurement and computation of the work


volume and assisting verification of the contract progress and
payment;

 Execution of factory inspection on manufacturing equipment and


materials, when necessary;

 Preparation of reports of inspection, tests, and supervision activities;


and

 Check and approval of as-built drawings to be prepared and submitted


by the Contractor.

(2) Design Modification and Preparation

The Consultant shall make revision and adjustment of design from time to time
when they become necessary due to findings in the field or by comments from
the Ministry.

4) Post-Construction Stage
Section 5. Term of Reference
95

The initial reservoir filling is the first test of the dam to perform the function for
which it was designed. In order to monitor this performance, the rate of filling
should be controlled to the extent feasible to allow as much time as needed for a
predetermined surveillance program including the observation and analysis of
instrumentation data. The consultant shall prepare the initial reservoir filling plan
and monitor this performance.

 The check of leakage

 The check rate of filling

 The check the security of dam body

 The check the operation of measuring gauge

 The check function of dam facilities

 O&M Certification

 Impounding Certification (The Permission of Initial Reservoir Filling Plan)

(1) Operation and Maintenance Manual

The Consultant shall prepare the system of operation and maintenance of the
project facilities, compile the operation and maintenance manuals prepared by
the Contractor and prepare the composite operation and maintenance manual of
the project facilities.

The Consultant shall calculate the annual O&M cost for the operation and
maintenance monthly, yearly and periodically.

(2) Transfer of Knowledge

Throughout the execution of the services, the Consultant should make a full
effort to transfer his knowledge and skill to the Government personnel through
both on-the-job training and overseas training.

 On-the-job training includes the project management for the project


implementation, the engineering practice for design and construction
supervision including construction method, and operation and maintenance
method/procedure for the Project.

 Overseas training includes lectures and practice on the engineering


aspects of the similar projects covering the planning, designing and
construction supervision method, and the observation visit to the
similar project construction sites.

 Facilitate study overseas in civil engineering, dam engineering, water


resources engineering, geology engineering, O&M Dam Engineering,
geotechnical engineering major for Indonesian engineers, technicians and
other counterparts within the budget allocation.
Section 5. Term of Reference
96

<Table> Details of Knowledge Transfer Program


Type of No. of
Days and Times Place
Program Participants
10*4*5year
OJT Three days and four times per year, Field
= 200
Overseas Construction stage: ten days and one time 10
Korea
Training Pose-construction stage: ten days and one time 10
Overseas Three months for each participant during
2 Korea
Study consulting services

3.2.2 Services for Non-structural Activities

Services for Non-structural Activities are divided into two sub-components, i)


Disaster Management and ii) Watershed Management. Those works closely related
to the construction works the Project.

Disaster Management

Telemetry and flood warning system is included in the detailed design under
telecommunication works. However, designed telecommunication works is not
enough to fulfill the systematic and integrated disaster management plan, in order to
more effectively control the flood disaster from upstream to downstream after
construction of Karian Dam. Based on the established disaster management program,
implementation plan of telemetry and flood warning system shall be improved.

Watershed Management

Acquired water resources after the completion of dam construction will be utilized
mostly for the drinking water supply. Therefore, water quality conservation program
to water resources should be established in the beginning stage of dam construction,
and the program should be implemented continuously during construction and after
completion of dam. Accordingly, watershed management in this service would be
focused on the preparation of water resources conservation program.

The consultant shall perform the following services:

1) Disaster Management

(1) Recommendation of Establishment of Institutional Set-up for Flood


Warning and Evacuation

 Selection of candidate agencies to be involved

 Coordination with relevant agencies for Establishment of the objective


institutional set-up,
Section 5. Term of Reference
97

 Enactment of government regulation for the objective institutional set-up,

 Preparation of operation manual for activities of the proposed institutional


set-up,

 Diffusion on the roles and functions of the institutional set-up to the local
communities, and

 Capacity development of the members of the institutional set-up.

(2) Development of Flood Monitoring and Dissemination Facilities

 Formulation of plan for development of the facilities,

 Preparation of O&M manuals for the facilities,

 Capacity development of necessary O&M works of the facilities, and

 Diffusion of the functions of the facilities among the local communities.

(3) Development of Step-wise Flood Warning and Evacuation


Procedures

 Clarification on the details of the necessary procedures,

 Assistance to the enactment of decree of Director General of Water


Resources for step-wise flood warning procedures,

 Preparation of operation manuals for the flood warning and evacuation


procedures,

 Capacity Building of the local government staff on flood warning and


evacuation procedures, and

 Diffusion of the procedures and required activities of flood warning and


evacuation among the local communities.

(4) Strengthening of Public Participation for Disaster Prevention

 Public hearing and diffusion of necessity of public participation for disaster


management,

 Organizing of community networks for disaster prevention,

 Demarcation of roles and tasks of the local communities for disaster


management, and

 Raising public awareness for the local communities to participate in the


disaster prevention activities.

(5) Development and Dissemination of Flood Hazard Map


Section 5. Term of Reference
98

 Development of flood hazard map,

 Dissemination of the flood hazard map among the local government staff
and the local communities, and

 Capacity building updating the information in the flood hazard map.

(6) Dam Break Analysis

To reasonably prepare an emergency plan, it will be necessary for the dam


break analysis to provide:

 Inundation maps at a scale sufficient to determine the extent of and


duration of flooding in relation to people at risk, properties and access
routes

 Identification of structures (bridges etc.) likely to be destroyed

 Indication of main flow areas (damage potential of flow)

 Timing of the arrival and peak of the flood wave

 Identification of features likely to affect mobility / evacuation during and


after the event including impact on infrastructure and the deposition and
scour of debris and sediment.

2) Watershed Management

(1) Erosion Control in the Karian Dam Basin

 Study on the present condition of the river basin through the collection of
the land use map and the site investigation,

 Review and evaluation of the executed and/or on-going erosion control


project such as (i) planting trees, (ii) grassing and (iii) farming,

 Proposal of the appropriate countermeasures against the soil erosion such


as terrace cultivation, botanical and tree planting.

 Development of the practical estimation method of the erosion rate for the
Karian Dam basin based on the data from the executed and/or on-going
erosion control project,

 Proposal of the monitoring plan for the land use conditions especially for
the current forest area and rice fields, which are believed to be the most
sustainable land use types with the lowest erosion,

 Proposal of the monitoring plan for the reservoir sedimentation of the


Karian Multipurpose Dam to be constructed, and
Section 5. Term of Reference
99

 Proposal of the obligation for considering some sediment runoff control


measures such as sediment storage ponds in case of the implementation of
housing development, road construction and commercial/public facilities
development larger than a certain scale.

(2) River Water Quality Control in the Karian Dam Basin

 Collection and review the data for river water quality tests executed in the
last 10 years,

 Estimation of the potential pollutant sources of organic and toxic materials,


including point (industrial and domestic wastewater) and non-point
(fishing, livestock and lands) sources,

 Execution of the supplementary water quality tests at the selected locations


in coordination with Hydraulic institute (research and development agency,
MPW) in order to confirm the pollutant loads and sources,

 Execution of the supplementary leaching test of the sediment deposits on


the riverbed at the selected locations to reconfirm the non-existence of
heavy metals exceeding the standards,

 Confirmation of the specific issues regarding water quality of river, water


use, drinking water and sanitary conditions in the whole Ciujung river
basin,

 Proposal of the countermeasures to reduce the pollution loads from the


point and non-point sources

 Examination of the existing monitoring plan and facilities for water quality
analysis,

 Proposal of the improvement plan of the existing monitoring system such


as sampling locations, frequency, sampling number and necessary
parameters, and

 Proposal of the monitoring plan for the Karian reservoir water, which will
be subject to eutrophication in the future due to the high T-N and T-P
content of river water as like as other reservoirs in tropical region.

(3) Public Information and Participation Campaign

 Formulation of plan/strategy for the effective campaign, which shall be the


leading offices for this conduct of campaign and will make all the
coordination and arrangement with Kabupaten Government of Lebak,
Provincial Government of Banten, and the agencies concerned.

 Proposal of the measures for environmental education and people's


participation through various ways such as school, media, community-
based campaign. The measures includes installation of signboards for
prohibiting the illegal garbage dumping, and planning of some incentives
to people and communities to take a positive participation such as
awarding system,
Section 5. Term of Reference
100

 Assistance to conduct the public information campaign for the effective


operation and maintenance of the Project as well as the protection of river
from the illegal activities.

(4) Organization for Integrated Watershed Management

 Assistance to establish a coordination committee, which consists of


members from various governmental sectors, communities, farmers, land
developers, water users and research centers, on the watershed
management to promote the watershed management in an integrated
manner. The related governmental sectors will include land use planning,
environmental conservation, forestry, agriculture/livestock, river/water
resources management, urban/infrastructure development, river water use
and others

 Assistance to accelerate the process of capacity building, which has


responsibility for river basin management

(5) Green Belt Development Plan

 Designing the Planting tree, grassing, farming and other vegetation in


around the inundation area
Section 5. Term of Reference
101

4. EXPERTISE REQUIRED
4.1 Assignment Schedule

The Project Implementation Schedule and the Work Schedule of the consulting engineering
services for the Project is as shown in the attached Fig. 1.

4.2 Required Person-Month

Person-month (P/M) of International and National Engineers required for consulting


engineering services are 696 p/m in total. Detailed Engineers are as shown in below tables:

4.2.1 International Engineer (Professional A)

No. Assignment Person-Month

Total 262

1 Team Leader 61

2 Dam Engineer 52

3 Construction Engineer 17

4 Quality control Engineer 11

5 Cost Estimator 4

6 Contract Specialist 5

7 Hydraulic Engineer 6

8 Hydrologist 5

9 Structural Engineer 15

10 Geotechnical/Embankment Engineer 9

11 Geologist / Grouting Engineer 8

12 Tunnel Engineer 9

13 Mechanical Engineer 12

14 Electrical Engineer 9

15 Landscape Engineer 2

16 Environmental Engineer 5

17 Instrumentation Expert 4

18 Disaster Control Expert 4

19 Watershed Expert 4
Section 5. Term of Reference
102

No. Assignment Person-Month

20 Public Relation Specialist 3

21 O/M Expert 7

22 Economist 3

23 Hydropower Engineer 7

4.2.2 National Engineer (Professional B)

No. Assignment Person-Month

Total 434

1 Co-Team Leader 61

2 Dam Engineer 61

3 Construction Engineer 19

4 Quality control Engineer 26

5 Cost Estimator 17

6 Contract Specialist 7

7 Hydraulic Engineer 16

8 Hydrologist 12

9 Structural Engineer 27

10 Geotechnical/Embankment Engineer 19

11 Geologist / Grouting Engineer 11

12 Tunnel Engineer 18

13 Road Engineer 11

14 Mechanical Engineer 23

15 Electrical Engineer 16

16 Landscape Engineer 7

17 Environmental Engineer 9

18 Instrumentation Expert 8

19 Disaster Control Expert 8

20 Watershed Expert 9
Section 5. Term of Reference
103

No. Assignment Person-Month

21 Public Relation Specialist 6

22 Topographic Survey Expert 7

23 O/M Expert 15

24 Economist 8

25 Hydropower Engineer 13

4.3 Qualification of Consultants

The experts hired for the consulting engineering services shall be highly competent in their
respective fields and with a working knowledge of both oral and written English. The
required experience and expertise are as specified below.

4.3.1 International Engineer (Professional A)

1) Team Leader should be a Civil Engineer with at least 15 years of experience in


water resources development works and with the necessary qualifications to
serve as a Team Leader.

2) Dam Engineer, as Assistant Team Leader, with at least 12 years of experience


in dam designing and construction supervision of water resources development
project.

3) Construction Engineer, with at least 12 years of experience in construction


management of water resources development works.

4) Quality Control Engineer, with at least 10 years of experience in quality control


of construction of water resources development works.

5) Cost Estimator, with at least 10 years of experience in tendering and contracting


of water resources development works.

6) Contract Specialist, with at least 10 years of experience in tendering and


contracting of water resources development works.

7) Hydraulic Engineer, with at least 12 years of experience in hydraulic designing


and construction supervision of water resources development works.

8) Hydrologist, with at least 12 years of experience in hydrological designing,


construction supervision of water resources development works.

9) Structural Engineer and Embankment Material Engineer with at least 12 years


of experience in structural designing and construction supervision of water
resources development works.
Section 5. Term of Reference
104

10) Geotechnical/Embankment Engineer with at least 12 years of experience in


geotechnical designing and construction supervision of water resources
development works.

11) Geologist/Grouting Engineer, with at least 12 years of experience in geological


designing and construction supervision of water resources development works.

12) Tunnel Engineer with at least 12 years of experience in tunnel designing and
construction supervision of water resources development works.

13) Mechanical Engineer, Electrical Engineer, Landscape Engineer, Environment


Engineer, Instrumentation Specialist, Disaster Control Expert, Watershed
Expert, Public Relation Specialist, O&M Expert, Economist, Hydropower
Engineering and other experts with at least 10 years of experience in similar
expertise designing and construction supervision of water resources
development works.

4.3.2 National Engineer (Professional B)

1) Co-Team Leader, should be a Civil Engineer with at least 15 years of


experience in water resources development works and with the necessary
qualifications to serve as a Co-Team Leader.

2) Dam Engineer, with at least 12 years of experience in dam designing and


construction supervision of water resources development project.

3) Construction Engineer, with at least 12 years of experience in construction


management of water resources development works.

4) Quality Control Engineer, with at least 10 years of experience in quality control


of construction of water resources development works.

5) Cost Estimator, with at least 10 years of experience in tendering and contracting


of water resources development works.

6) Contract Specialist, with at least 10 years of experience in tendering and


contracting of water resources development works.

7) Hydraulic Engineer, with at least 12 years of experience in hydraulic designing


and construction supervision of water resources development works.

8) Hydrologist, with at least 12 years of experience in hydrological designing,


construction supervision of water resources development works.

9) Structural Engineer and Embankment Material Engineer with at least 12 years


of experience in structural designing and construction supervision of water
resources development works.

10) Geotechnical/Embankment Engineer with at least 12 years of experience in


geotechnical designing and construction supervision of water resources
development works.
Section 5. Term of Reference
105

11) Geologist/Grouting Engineer, with at least 12 years of experience in


geological/grouting designing and construction supervision of water resources
development works.

12) Tunnel Engineer with at least 12 years of experience in tunnel designing and
construction supervision of water resources development works.

13) Road Engineer with at least 10 years of experience in road designing and
construction supervision of water resources development works.

14) Mechanical Engineer with at least 10 years of experience in mechanical


designing and construction supervision of water resources development works.

15) Electrical Engineer, Landscape Engineer, Instrumentation, Public Relation,


Geodetic Expert with at least 10 years of experience in similar expertise
designing and construction supervision of water resources development works.

16) Environmentalist, Disaster Control, Watershed, O&M, and Economist,


Hydropower Engineering with at least 10 years of experience in similar
expertise designing and construction supervision of water resources
development works.

4.4 Responsibility & Duty of Consultant’s Expert

4.4.1 International Engineer

1) Team Leader

 To assume overall responsibility of the consultant's team in the field for the
satisfactory completion of the project from technical, managerial,
administrative and financial point of view based on the contract for
consulting services

 To execute an overall project management in terms of technical and


managerial aspects and coordination for the smooth implementation of the
project among DGWR in Jakarta, the project offices, KEXIM and other
agencies

 To organize Consultant's team to achieve efficient assistance to the project


offices through smooth implementation in terms of engineering,
institutional and financial aspects

 To prepare a memorandum agreement or an addendum to the contract from


time to time to adjust the consulting services to actual situation for efficient
services

 To prepare and submit the Inception Report

 To prepare work schedule of the consulting services in collaboration with


the co- and assistant team leaders
Section 5. Term of Reference
106

 To finalize and submit all the required reports such as progress report,
study report, design report, tender document and completion report

 To assist DGWR and project managers to monitor tender process, contract


and financial progress including status of employment, to be generated by
construction works

 To assist project managers and DGWR for preparation of implementation


schedule and annual budgetary arrangement

 To assist DGWR to initiate the donor coordination for successful project


implementation and for maximizing output of the Project

 To conduct overall coordination for the detailed design of small-


hydro power generation plant

2) Dam Engineer

 To assist the Project Manager in his duties related to Karian Dam


construction

 To coordinate with the DGWR staff and to assist the Project Manger on
general administration of the Consultant's office

 To prepare work programs and schedules for the services including field
investigation

 To superintend the construction supervision including design modification


and preparation

 To control the progress of works based on the approved detailed works


schedule keeping proper coordination with other related works

 To superintend the initial reservoir filling test

 To prepare the Operation and Maintenance Manual of facilities in


cooperation with O&M staff of DGWR as well as other team members of
the Consultant

 To be responsible for finalization of all the reports, drawings and


documents

 To keep close contact with the project office and to attend the meetings for
explanation and discussions of all the matters required by the project office

 To prepare the dam break analysis for conducting the emergency plan.

3) Construction Engineer

 To prepare the construction program including construction schedule and


construction method

 To collect and analyze the data associated with construction cost, such as
construction facilities, material, labor force and so on
Section 5. Term of Reference
107

 To review and prepare construction unit price and schedule

4) Quality Control Engineer

 To prepare quality control plan of overall construction

 To check the qualities and cost of construction materials

 To propose the legal framework for proper construction management

 To study current institutional issues on dam construction management

 To develop institutional strengthening plan for construction

5) Cost Estimator

 To prepare the procurement plan

 To collect and analyze the data associated with construction cost, such as
construction facilities, material, labor force and so on

 To prepare unit price schedule

 To estimate the bill of quantities

 To estimate the project cost

 To conduct cost estimation design works for small-hydro power


generation plant

6) Contract Specialist

 To study the proposed construction works

 To prepare the pre-qualification documents

 To prepare the general conditions of the contract

 To prepare the tender documents including compilation of technical


specifications of all construction works

7) Hydraulic Engineer

 To review the previous design on dam improvement works with additional


information

 To superintend hydraulic test

 To conduct the review of dam spillway design based on the hydraulic


model test

 To conduct the review of dam intake design based on the hydraulic model
test
Section 5. Term of Reference
108

 To conduct hydraulic design works for small-hydro power genera tion


plant

8) Hydrologist

 To check and endorsement of designs prepared by the Contractor

 To check and comment on the proposed construction method and detailed


work schedule as assistance to the Assistant Team Leader

 To assist the Assistant Team Leader in design modification due to findings


in the field or by comments from the Ministry

 To identify hydrological condition for disaster management

 To prepare the study report

 To conduct hydrological design works for small-hydro power generation


plant

9) Structural Engineer

 To conduct review design of dam spillway as well as review of design of


other structures

 To check and endorsement of designs prepared by the Contractor

 To assist the Project Manager in design modification due to findings in the


field or by comments from the Ministry

 To supervise and inspect the workmanship and works in accordance with


the specifications and drawings

 To instruct the commencement of each stage of works, quantities of works


carried out, and applicable construction method for each stage of works

 To measure the executed quantities

 To control the progress of works based on the approved detailed works


schedule keeping proper coordination with other related works, as
assistance of Assistant Team Leader

 To conduct structural design works for small-hydro power generation


plant

10) Geotechnical/Embankment Engineer

 To review the previous design values for dam embankment

 To provide the filling control program and carry out the field and
laboratory test

 To supervise construction works


Section 5. Term of Reference
109

 To check and endorsement of designs prepared by the Contractor

 To assist the Team Leader in design modification due to findings in the


field or by comments from the Ministry

 To supervise and inspect the workmanship and works in accordance with


the specifications and drawings

 To prepare the technical specifications of additional geotechnical


investigation works

 To supervise additional geotechnical investigation works to be conducted


by the Subletting Contractors

 To prepare the geotechnical investigation report based on the result of the


additional geotechnical investigation

 To supervise and control the quantity of earth and rock materials for dam
embankment and concrete works

 To check and comment on the proposed construction method and detailed


work schedule

 To conduct geotechnical design works for small-hydro power


generation plant

11) Geologist/Grouting Engineer

 To check and comment on the proposed geologic works of the Project

 To inspect and control all grouting works for foundation treatment, except
inside diversion tunnel

 To provide standard grouting method and to carry out the field grouting
tests

 To supervise and inspect the workmanship and works in accordance with


the specifications and drawings

 To instruct the commencement of each stage of works, quantities of works


carried out, and applicable construction method for each stage of works

 To measure the executed quantities

 To control the progress of works based on the approved detailed works


schedule keeping proper coordination with other related works, as
assistance of Assistant Team Leader

 To conduct geological design works for small-hydro power generation


plant

12) Tunnel Engineer


Section 5. Term of Reference
110

 To check and comment on the proposed construction method and detailed


work schedule as assistance of the Assistant Team Leader

 To inspect and control all kinds of materials and plants for diversion tunnel
work

 To supervise and inspect the workmanship and works in accordance with


the specifications and drawings

 To instruct the commencement of each stage of works, quantities of works


carried out, and applicable construction method for each stage of works

 To measure the executed quantities

 To control the progress of works based on the approved detailed /works


schedule keeping proper coordination with other related works, as
assistance of Assistant Team Leader

13) Mechanical Engineer

 To check and comment on the proposed construction method and detailed


work schedule

 To check and comment on working/shop drawings and all kinds of


proposals and documents on mechanical works submitted by the
Contractor

 To check the result of working/shop drawings of mechanical works

 To check and comments on working/shop drawings and specifications of


manufacturing works

 To carry out the inspection and tests of mechanical works and inspection of
the completed works at the provisional takeover

 To carry out the inspection of test run operation of the mechanical


equipment and the training of O&M staff

 To prepare the test run operation report of the mechanical equipment and
O&M manual of mechanical works

 To conduct mechanical design works for small-hydro power generation


plant

14) Electrical Engineer

 To review of the previous design

 To check and comment on the proposed construction method and detailed


work schedule

 To check and comment on working/shop drawings and all kinds of


proposals and documents on electrical works submitted by the Contractor
Section 5. Term of Reference
111

 To check the result of working/shop drawings of electrical works

 To check and comments on working/shop drawings and specifications of


manufacturing works

 To carry out the inspection and tests of electrical works and inspection of
the completed works at the provisional takeover

 To carry out the inspection of test run operation of the electrical works and
the training of O&M staff

 To prepare the test run operation report and O&M manual of electrical
works

 To conduct electrical design works for small-hydro power generation plant

15) Landscape Engineer

 To check and comment on the proposed construction method and detailed


work schedule

 To check and comment on working/shop drawings and all kinds of


proposals and documents on landscape by the Contractor

 To check the result of working/shop drawings of landscape works

 To check and comments on working/shop drawings and specifications of


landscape works

16) Environmental Engineer

 To study the legal aspects related to environment management

 To propose the legal framework for proper environment management

 To prepare the study report

 To identify the present land use issues related to environment management

 To prepare the land use plan for environment management

 To conduct environmental design works for small-hydro power generat ion


plant

17) Instrumentation Expert

 To determine the effective locations of gauging stations

 To design of equipment/facilities of gauging stations

 To prepare the study/design report

 To prepare the operation manual for flood monitoring and warning system
Section 5. Term of Reference
112

 To conduct on the job training on flood monitoring and warning


system

18) Disaster Control Expert

 To prepare the disaster prevention plan consisting structural and non-


structural measures

 To prepare the study report

 To study the current flood warning and evacuation system and extract
issues

 To prepare stepwise flood warning and evacuation system

 To prepare the study report

19) Watershed Expert

 To identify the issues on watershed management

 To prepare the erosion control plan upstream of the Karian reservoir

 To prepare the program of community based conservation of greenbelt area


and conduct

 To prepare the program for pilot project

 To prepare the study report

20) Public Relation Specialist

 To examine the public relation on disaster management

 To propose the framework of public relations for proper disaster


management

 To prepare the study report

21) O/M Expert

 To superintend the initial reservoir filling test

 To prepare the Operation and Maintenance Manual of facilities in


cooperation with O&M staff of DGWR as well as other team members of
the Consultant

 To prepare the document for impounding and O&M certification

22) Economist

 To survey of service area and socio economic survey of families affected


by the system
Section 5. Term of Reference
113

 Evaluation of present status of economic on the basis of economic study of


the area

 Evaluation of benefits as well as economic and financial analysis

 Other related works

 To conduct economic and financial analysis for the design of small -hydro
power generation plant

23) Hydropower Generation

 To conduct overall design works for small-hydro power generation plant

 To coordinate with all related expert for the design of small-hydro power
generation plant

 To prepare design report, drawings, and other related documents

4.4.2 National Engineer

1) Co-Team Leader

 To organize Consultant team for the satisfactory completion of the Project


from technical, managerial and administrative viewpoints in collaboration
with the Team Leader, based on the contract for consulting services

 To prepare the Inception Report

 To prepare work schedule of the consulting services by assisting Team


Leader

 To collect data/information on all components

 To evaluate performance of all components

 To prepare all progress reports

 To compile all required study report, design report, tender document and
completion report

 To assist project manager and DGWR for preparation of implementation


schedule of works and annual budgetary arrangement

 To monitor tender progress, contracts, physical and financial progress


including status of employment generated by construction works, and
prepare a regular progress report

 To conduct overall coordination for the detailed design of small-hydro


power generation plant

2) Dam Engineer
Section 5. Term of Reference
114

 To assist the Project Manager in his duties related to Karian Dam


construction

 To coordinate with the DGWR staff and to assist the Project Manger on
general administration of the Consultant's office

 To prepare work programs and schedules for the services including field
investigation

 To superintend the construction supervision including design modification


and preparation

 To control the progress of works based on the approved detailed works


schedule keeping proper coordination with other related works

 To superintend the initial reservoir filling test

 To prepare the Operation and Maintenance Manual of facilities in


cooperation with O&M staff of DGWR as well as other team members of
the Consultant

 To be responsible for finalization of all the reports, drawings and


documents

 To keep close contact with the project office and to attend the meetings for
explanation and discussions of all the matters required by the project office

3) Construction Engineer

 To prepare the construction program including construction schedule and


construction method

 To collect and analyze the data associated with construction cost, such as
construction facilities, material, labor force and so on

 To review and prepare construction unit price and schedule

4) Quality Control Engineer

 To prepare quality control plan of overall construction

 To check the qualities and cost of construction materials

 To propose the legal framework for proper construction management

 To study current institutional issues on dam construction management

 To develop institutional strengthening plan for construction

5) Cost Estimator

 To prepare the procurement plan

 To collect and analyze the data associated with construction cost, such as
construction facilities, material, labor force and so on
Section 5. Term of Reference
115

 To prepare unit price schedule

 To estimate the bill of quantities

 To estimate the project cost

 To conduct cost estimation design works for small-hydro power generation


plant

6) Contract Specialist

 To study the proposed construction works

 To prepare the pre-qualification documents

 To prepare the general conditions of the contract

 To prepare the tender documents including compilation of technical


specifications of all construction works

7) Hydraulic Engineer

 To review the previous design on dam improvement works with additional


information

 To superintend hydraulic test

 To conduct the review of dam spillway design based on the hydraulic


model test

 To conduct the review of dam intake design based on the hydraulic model
test

 To conduct hydraulic design works for small-hydro power generation plant

8) Hydrologist

 To check and endorsement of designs prepared by the Contractor

 To check and comment on the proposed construction method and detailed


work schedule as assistance to the Assistant Team Leader

 To assist the Assistant Team Leader in design modification due to findings


in the field or by comments from the Ministry

 To identify hydrological condition for disaster management

 To prepare the study report

 To conduct hydrological design works for small-hydro power generation


plant

9) Structural Engineer
Section 5. Term of Reference
116

 To conduct review design of dam spillway as well as review of design of


other structures

 To check and endorsement of designs prepared by the Contractor

 To assist the Project Manger in design modification due to findings in the


field or by comments from the Ministry

 To supervise and inspect the workmanship and works in accordance with


the specifications and drawings

 To instruct the commencement of each stage of works, quantities of works


carried out, and applicable construction method for each stage of works

 To measure the executed quantities

 To control the progress of works based on the approved detailed works


schedule keeping proper coordination with other related works, as
assistance of Assistant Team Leader

 To conduct structural design works for small-hydro power generation plant

10) Geotechnical/Embankment Engineer

 To conduct review design of dam spillway as well as review of design of


other structures

 To check and endorsement of designs prepared by the Contractor

 To assist the Project Manger in design modification due to findings in the


field or by comments from the Ministry

 To supervise and inspect the workmanship and works in accordance with


the specifications and drawings

 To prepare the technical specifications of additional geotechnical


investigation works

 To supervise additional geotechnical investigation works to be conducted


by the Subletting Contractors

 To prepare the geotechnical investigation report based on the result of the


additional geotechnical investigation

 To supervise and control the quantity of earth and rock materials for dam
embankment and concrete works

 To check and comment on the proposed construction method and detailed


work schedule as assistance of the Assistant Project Manager

 To conduct geotechnical design works for small-hydro power generation


plant

11) Geologist/Grouting Engineer


Section 5. Term of Reference
117

 To check and comment on the proposed construction method and detailed


work schedule of the Project

 To inspect and control all grouting works for foundation treatment, except
inside diversion tunnel

 To provide standard grouting method and to carry out the field grouting
tests

 To supervise and inspect the workmanship and works in accordance with


the specifications and drawings

 To instruct the commencement of each stage of works, quantities of works


carried out, and applicable construction method for each stage of works

 To measure the executed quantities

 To control the progress of works based on the approved detailed works


schedule keeping proper coordination with other related works, as
assistance of Assistant Team Leader

 To conduct geological design works for small-hydro power generation


plant

12) Tunnel Engineer

 To check and comment on the proposed construction method and detailed


work schedule as assistance of the Assistant Team Leader

 To inspect and control all kinds of materials and plants for diversion tunnel
work

 To supervise and inspect the workmanship and works in accordance with


the specifications and drawings

 To instruct the commencement of each stage of works, quantities of works


carried out, and applicable construction method for each stage of works

 To measure the executed quantities

 To control the progress of works based on the approved detailed/works


schedule keeping proper coordination with other related works, as
assistance of Assistant Team Leader

13) Road Engineer

 To review of the previous design

 To check and comment on the proposed construction method and detailed


work schedule

 To check and comment on working/shop drawings and all kinds of


proposals and documents on road technical works submitted by the
Contractor
Section 5. Term of Reference
118

 To check the result of working/shop drawings of road works

14) Mechanical Engineer

 To check and comment on the proposed construction method and detailed


work schedule

 To check and comment on working/shop drawings and all kinds of


proposals and documents on mechanical works submitted by the
Contractor

 To check the result of working/shop drawings of mechanical works

 To check and comments on working/shop drawings and specifications of


manufacturing works

 To carry out the inspection and tests of mechanical works and inspection of
the completed works at the provisional takeover

 To carry out the inspection of test run operation of the mechanical


equipment and the training of O&M staff

 To prepare the test run operation report of the mechanical equipment and
O&M manual of mechanical works

 To conduct mechanical design works for small-hydro power generation


plant

15) Electrical Engineer

 To review of the previous design

 To check and comment on the proposed construction method and detailed


work schedule

 To check and comment on working/shop drawings and all kinds of


proposals and documents on electrical works submitted by the Contractor

 To check the result of working/shop drawings of electrical works

 To check and comments on working/shop drawings and specifications of


manufacturing works

 To carry out the inspection and tests of electrical works and inspection of
the completed works at the provisional takeover

 To carry out the inspection of test run operation of the electrical works and
the training of O&M staff

 To prepare the test run operation report and O&M manual of electrical
works

 To conduct electrical design works for small-hydro power generation plant


Section 5. Term of Reference
119

16) Landscape Engineer

 To check and comment on the proposed construction method and detailed


work schedule

 To check and comment on working/shop drawings and all kinds of


proposals and documents on landscape by the Contractor

 To check the result of working/shop drawings of landscape works

 To check and comments on working/shop drawings and specifications of


landscape works

17) Environmental Engineer

 To study the legal aspects related to environment management

 To propose the legal framework for proper environment management

 To prepare the study report

 To identify the present land use issues related to environment management

 To prepare the land use plan for environment management

 To conduct environmental design works for small-hydro power generation


plant

18) Instrumentation Engineer

 To determine the effective locations of gauging stations

 To design of equipment/facilities of gauging stations

 To prepare the study/design report

 To prepare the operation manual for flood monitoring and warning system

 To conduct on the job training on flood monitoring and warning system

19) Disaster Control Engineer

 To prepare the disaster prevention plan consisting structural and non


structural measures

 To prepare the study report

 To study the current flood warning and evacuation system and extract
issues

 To prepare stepwise flood warning and evacuation system

 To prepare the study report

20) Watershed Expert


Section 5. Term of Reference
120

 To identify the issues on watershed management

 To prepare the erosion control plan upstream of the Karian reservoir

 To prepare the program of community based conservation of greenbelt area


and conduct

 To prepare the program for pilot project

 To prepare the study report

21) Public Relation Specialist

 To examine the public relation on disaster management

 To propose the framework of public relations for proper disaster


management

 To prepare the study report

22) Topographic Survey Expert

 To prepare the technical specifications of the survey works required for


river works

 To supervise the topographic survey and river survey

 To check the survey results submitted by the local survey firms

 To check the survey reports

23) O/M Expert

 To prepare the initial reservoir impounding plan

 To finalize the Operation and Maintenance Manual of facilities in


cooperation with O&M staff of DGWR as well as other team members of
the Consultant

 To prepare the document for impounding and O&M certification

 To prepare community based dam and reservoir O&M

 To prepare computer based O&M management system

 To prepare dam assets management system

24) Economist

 To survey of service area and socio economic survey of families affected


by the system

 Evaluation of present status of economic on the basis of economic study of


the area
Section 5. Term of Reference
121

 Evaluation of benefits as well as economic and financial analysis

 Other related works

 To conduct economic and financial analysis for the design of small-hydro


power generation plant

25) Hydropower Generation

 To conduct overall design works for small-hydro power generation plant in


coordination with international Hydropower Generation expert

 To coordinate with all related expert for the design of small-hydro power
generation plant

 To prepare design report, drawings, and other related documents in


coordination with international Hydropower Generation expert
Section 5. Term of Reference
122

5. REPORTING

The Consultant shall prepare and submit the following reports in the English language within the
period indicated, as follows:

5.1 Services to implement the Project


5.1.1 Quality Program Report (15 copies)

To present the details of Quality Program to maintain the works keep on the good
quality and specification.

5.1.2 Bimonthly Progress Report (15 copies)

To present the details of expert personnel mobilization, progress of services,


financial man-month used, problems encountered and anticipated services for the
next period.

5.1.3 Inception Report (15 copies)

Two (2) months after the commencement of the actual services, to present the
detailed work plan and program of the services including recommendations for
possible alternative plan / design, if any, for discussion.

5.1.4 Draft Reviewed Design Report (15 copies)

Before the completion of the review stage, compiling all the output of review. To
review the Design Review Report for the last time before it is finalized.

5.1.5 Final Reviewed Design Report (15 copies)

At the completion of the review stage, compiling all the output of review.

5.1.6 Annual Repot (15 copies)

To present the details of expert personnel mobilization, progress of services,


financial man-month used, problems encountered and anticipated services for the
next period.

5.1.7 Completion Report (15 copies)

Service completion report after the completion of all the services stipulated in the
Contract living a summary of the whole period of the Services. This report shall be
referred to in the issuance of the Statement of Performance for the final payment.
Section 5. Term of Reference
123

5.1.8 Technical and O&M Reports (15 copies)

Operation and maintenance manuals containing technical method and procedure to


operate and maintain the facilities constructed in the Project including the
institutional arrangement after the completion of the Project.

5.1.9 Other Reports

From time to time, the Consultant shall submit reports as requested by DGWR
through the Project Manager, covering important or problem matters, such as :

a. Embankment or widening at soft ground

b. Quality control problems

c. Delay of construction progress

d. Design and/or specification required for new material.

e. Budget and additional works

f. Time extension

g. Deviation from specifications which have to be undertaken and

h. Other matters deemed necessary for the Project Manager

5.2 Services for the Non-structural measure


5.2.1 Disaster Management

1) Inception Report (10 copies)

Two (2) months after the commencement of the actual services, to present the
detailed work plan and program of the services including the alternative studies
to be conducted.

2) Interim Report (10 copies)

Six (6) months after the commencement of the actual services, to present the
progress of the work.

3) Draft Final Report (10 copies)

To review the Final Disaster Management Report for the last time before it is
finalized.
Section 5. Term of Reference
124

4) Final Report (10 copies)

Final report should be submitted at the completion of the study.

5.2.2 Watershed Management

1) Inception Report (10 copies)

Two (2) months after the commencement of the actual services, to present the
detailed work plan and program of the services including the alternative studies
to be conducted.

2) Interim Report (10 copies)

Six (6) months after the commencement of the actual services, to present the
progress of the work.

3) Draft Final Report (10 copies)

To review the Final Watershed Management Report for the last time before it is
finalized.

4) Final Report (10 copies)

Final report should be submitted at the completion of the study.


Section 5. Term of Reference
125

6. DURATION

Each component of the consultancy services, namely, the pre-construction services, the
construction supervision, the transfer of knowledge and the other related work shall be completed
within the specified time.

The work schedule for the consultancy services is shown in the attached drawing (Fig. 1).

 Overall Project: 61 months


- Pre-construction services: 2 months
- Construction supervision: 48 months
- Post-construction services: 11 months
Section 5. Term of Reference
126

7. MISCELLANEOUS CONDITIONS

In the case of a difference of opinion between the Ministry and the Consultant on any important
matters involving professional judgment that might affect the proper evaluation or execution of
the project, the Ministry shall allow the Consultant to submit promptly to the Ministry a written
report and, simultaneously, to submit a copy to KEXIM BANK. The Ministry shall forward the
report to KEXIM with its comments in time to allow KEXIM to study it and communicate with
the Ministry before any irreversible steps are taken in the matter. In cases of urgency, the
Consultant has the right to request the Ministry and/or KEXIM that the matter be discussed
immediately between the Ministry and the KEXIM

The Consultant shall also take into account the followings:

1) The Consultant shall organize its own facilities for translating existing reports and data
relevant to the Project.

2) The consultant personnel shall adapt themselves as quickly as possible to the Indonesian
situation and conditions, especially the local living and working conditions at the job site.

3) The Consultant shall purchase on behalf of the Government equipment necessary for the
successful execution of services in accordance with the Ministry guidelines. The equipment
purchased shall be the property of the Government.

4) The Consultant shall commence the services within thirty (30) days after receipt of the
Notice to Proceed.

5) Services of the Consultant shall be provided in close contact and good cooperation with the
Ministry and their executing bodies.

6) The Consultant shall pay full attention to transfer of knowledge, technical know-how to the
Indonesian engineers, technicians and other counterparts. At least, the followings shall be
conducted by the Consultant :

 Execute on-the-job training in every related field works to Indonesian engineers,


technicians and other counterparts;
 Execute specific lecture or training upon request of the Ministry if any special problem
arises in connection with the works;
 Execute specific lecture and seminar at every occasion when an authoritative person or
specialist is dispatched to the job site for any particular problem; and,
 Hold periodical discussion meetings with the Ministry engineers, technicians and other
counterparts.
 Facilitate study overseas in civil engineering, dam engineering, water resources
engineering, geology engineering, geotechnical engineering major for Indonesian
engineers, technicians and other counterparts.
Section 5. Term of Reference
127

8. UNDERTAKING OF THE GOVERNMENT AND THE


MINISTRY

1) In accordance with the established government procedures and regulations, the Consultant
and any of its personnel (other than personnel who are citizens or permanent residents of the
territory of Indonesia) are given the following privileges:

(1) The Consultant and its expatriate personnel shall be exempted from Corporation
Income Tax and Value Added Tax (PPN) on Services for the foreign currency portion
of payment, as well as the local currency portion of payments originating from the
proceeds of a loan.

(2) The Consultant and its expatriate personnel shall be exempted from custom duties,
taxes, and license fees on all equipment, materials, household appliances and supplies
brought into and subsequently withdrawn from Indonesia for official use in performing
the Services, provided that the kind, quality and quantity thereof are clearly declared
with written approval obtained from the Ministry.

(3) In the event the Consultant or any of its expatriate personnel does not withdraw but
disposes in Indonesia the equipment, materials and household appliances upon which
customs duties and taxes were exempted according to item (b) above, the Consultant or
its expatriate personnel shall bear such customs, duties and taxes in accordance with the
government regulations.

(4) Customs, duties and taxes, if any, is imposed on the equipment and materials which the
Consultant will transfer to the Ministry of Public Works on completion of the Services
shall be paid by the Ministry.

(5) The Consultant, however, shall pay and its tax liabilities will be limited to the
following:

 Value Added Tax on goods and services purchased domestically, at the prevailing
rates;

 Personal income tax for all personnel with respect to the work performed by them
in Indonesia in connection with the Contract in accordance with the current
government regulations;

 Corporation tax at the rate of one-and-a-half percent (1.5%) of all contract prices
shall be provided by the Government from the Local Budget. This tax shall be
added to the respective local payments; and,

 Local taxes such as road taxes, registration fees on personal automobiles, etc.,
according to the prevailing regulations.

(6) Should any governmental law, order, regulation and/or by law having the force of law
in existence as of the date of the contract and/or those which may be enacted or
promulgated thereafter, result in the imposition of other corporation and income tax,
import duties, value added tax on imports and sales tax on the Services of the
Consultant and its expatriate personnel, the Ministry shall notify the Consultant and the
Contract shall be amended accordingly in order that the said tax and duties shall be
reimbursed to the Consultant.
Section 5. Term of Reference
128

(7) Personal and household effects brought into Indonesia by the Consultant personnel
and/or their authorized dependents for their personal use and which, after having
brought into the territory will subsequently be withdrawn there from upon departure of
such personnel.

To qualify for the exemptions, however, shipment of such property will have to be
arranged by shipping contract not later than three months after the arrival of the staff
member and the number of shipments shall as far as possible be limited to only one. If
more than one shipment is required, the Consultant shall inform the Ministry
beforehand and give explanations as may be necessary. It is required that the personal
and household effects should not arrive in Indonesia before the arrival of the resident
staff and his authorized dependents.

Whenever possible, personal and household effects that have been used shall be brought
from the point of origin and shall be readily identifiable according to item, brand, type,
serial number, country of origin, name of manufacturer, year of manufacture and
dimensions in accordance with recent government regulations.

(8) List of equipment and household effects mentioned in item (b) above are subject to
prior written approval by the Ministry, which shall be limited to one refrigerator and/or
freezer, one tape recorder, one typewriter, two air-conditioners at maximum, and other
reasonable goods.

(9) The Ministry shall facilitate prompt clearance through customs all equipment, materials
and supplies required for Services and of the personal and household effects of the
Consultant.

(10) The Ministry shall issue all necessary permits and authorizations for carrying out the
Services.

(11) The Ministry shall provide the Consultant with local staff as required for carrying out
the Service.

2) The Ministry shall undertake and bear the cost for customs clearance and inland
transportation to the project site of the equipment and reports for the Services.

3) In the event that the Consultant is delayed in obtaining the required services or facilities for
the conduct of its work, Consultant shall promptly notify the Ministry of such delay, and
request appropriate time extension for completion of the Service.

4) The Ministry shall ensure that the Consultant and its personnel during their stay in Indonesia
in the course of the Services shall be accorded the status of experts performing the Services
for the Government. .

5) The Ministry shall undertake to maintain security of life and property of the Consultant and
its personnel during the service period in Indonesia.

6) The Ministry shall provide the Consultant without cost:

(1) All available documents, drawings, maps, statistical data and information related to the
project such as other flood control works and regional development plans in the project
area and the result of topographic surveys, geological surveys, soil mechanics surveys
and laboratory tests prepared by the Project.
Section 5. Term of Reference
129

(2) Necessary full time professional and technical counterparts.

7) Make arrangements for the Consultant personnel to be provided with the necessary visa,
entry- and exit permits, working permits and travel documents required for their stay in
Indonesia. The Consultant must obtain semi-permanent visa from an Indonesian’s Consulate
abroad for its entire staff before they travel to Indonesia.

8) Issue to government officials concerned, agents and representatives all such instructions as
may be necessary or appropriate for the effective execution of the Consultant.
Section 5. Term of Reference
130

9. INFORMATION TO BE SUPPLIED BY THE CONSULTANT

1) Five (5) copies of the proposal in English should be submitted covering the following:

(1) Proposed technical approach and work plan including:

 Any comment and suggestion from the Consultant on the Terms of Reference.

 The general approach which the Consultant will propose to carry out the Services,
including detailed information relevant to the work.

 Work plan including the organization and time schedule of the proposed services.

 A bar chart indicating clearly the estimated duration (separately in the home office
and in the field) and the probable timing of the assignment of each professional to
be used (both foreign and local staff) and the estimate of the total number of man-
month required.

 Detailed description of the specific tasks to be assigned to the experts of the


proposed team.

(2) Name, age, education, experience in years and detailed professional experience of each
expert to be assigned for providing the proposed services, with particular reference to
the kind of experience required for the Project.

(3) Estimate of cost for office space, vehicles, office and field equipment, local counterpart
support, etc., required for carrying out the proposed services.

2) In preparing the proposal, the following points merit particular attention:

(1) Expatriate members of the Consultant team shall have relevant experience outside their
own country, preferably under conditions similar to this Project.

(2) Proficiency in the English language is essential for all members of the Consultant.

(3) The majority of the personnel comprising the Consultant team in Indonesia shall be
drawn from the permanent staff of the firm.

(4) Periodical inspection visits to Indonesia shall be made by senior officials of the
Consultant during the course of the assignment.

(5) Some of the reports, data and background materials of the project area are in the
Indonesian language, and because the Government will not provide translation facilities,
the Consultant's proposal in this matter shall be presented.

(6) All the data collected including calculation notes of all of the design prepared by the
Consultant during the Consulting Services should be submitted to the Government.

(7) The Government considers the transfer of knowledge, technical know-how and
experience to the Indonesian counterparts very important. In this regard, the Ministry
desires that most of the services shall be carried out in Indonesia. The Consultant's
proposal for training in abroad shall be provided in some detail.
Section 5. Term of Reference
131

(8) The Consultant expatriate personnel shall be required to live in the project site,
therefore they are expected to adapt themselves as quickly as possible to the Indonesian
situation and conditions.
Section 5. Term of Reference
132

[Fig.1] Project Schedule


Year 2011 2012 2013 2014 2015 2016 2017
Description
11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10
Month
Stage Preparation Preconstruction Construction Post-Construction

A. Land acquisition & Resettlement Works * 48


B. Preparation and Tendering 16
I. Tendering Consulting Services ** 7

II. Tendering for Civil Works 8

III. Tendering for Hydromechanical Works 8

C. Main Work 61
I. Consulting Supervision 61

1. Review DED (minor) 3

2. Construction Supervision 59 S
I
3. Post-Construction Works 12 G
3. 1. Impounding 12 N
I
3. 2. O&M and Transfer 12
N
4. Non-Structural Services 15 G

4. 1. Small Hydropower Generation Design 6


O
4. 2. Disaster Control Management 6 F
4. 3. Watershed Management Plan 6
L
II. Construction Works 48 O
A
A. Civil Works 48
N
1. Preparatory Works 12
A
2. River Diversion 12
G
3. Coffer Dam 4 R
E
4. Main & Saddle Dam 36
E
5. Spillway 30 M
E
6. Intake & Outlet Facilities 24
N
7. Appurtenants Works 36 T
B. Hydromechanical Works 41

1. Preparatory and Coordination Works 11

2. Spillway Gate 30

3. Intake and Outlet Facilities 24

4. Electrical and Mechanical Works 30

5. Telecommunication and control 15

6. O&M Equipment 12

7. O&M System 19

Total 71
133

SECTION 6
STANDARD FORMS OF CONTRACT
134

Preface

This sample Contract for Consulting Services has been prepared by the Export-Import Bank
of Korea (hereinafter referred to as the “Bank”) for use by its Project Executing Agencies
(hereinafter referred to as the “Employer”) when they hire a consulting firm (hereinafter
referred to as the “Consultant”) to provide consulting services for which remuneration is
being determined on the basis of the time actually spent by the Consultant in carrying out the
services. The use of this contract is encouraged whenever possible for contracts financed
partly or wholly by the Bank, as this contract complies with the Guidelines for the
Employment of Consultants under the EDCF Loan.

The Contract consists of four parts: the Form of Contract, the General Conditions of
Contract, the Special Conditions of Contract, and the Appendices. Parties using this sample
Contract for services financed by the Bank should note that the General Conditions must not
be modified. Any adjustment to meet the Project features should be made only in the Special
Conditions, as specified in the notes in italic provided for the individual clauses.

Time-based contracts are recommended when the scope of the services cannot be
established with sufficient precision, or the duration and quantity of services depends on
variables that are beyond the control of the Consultant. In time-based contracts the
Consultant provides services on a timed basis according to quality specifications, and
Consultant’s remuneration is based on (i) agreed upon unit rates for Consultant staff
multiplied by the actual time spent by the staff in executing the assignment, and (ii) out-of-
pocket expenses using actual expenses and/or agreed unit prices. This type of contract
requires the Employer to closely supervise Consultant and to be involved in the daily
execution of the assignment.
135

Table of Contents

I. Form of Contract……………………………………………. 130

II. General Conditions of Contract……………………………. 132

1. General Provisions………………………………….. 132


2. Commencement, Completion, Modification and
Termination of Contract…………………………… 135
3. Obligations of the Consultant……………………… 140
4. Consultant’s Personnel and Sub-Consultants…….. 144
5. Obligations of the Employer……………………….. 146
6. Payments to the Consultant………………………... 148
7. Fairness and Good Faith…………………………… 151
8. Settlement of Disputes……………………………… 151

III. Special Conditions of Contract…………………………… 152

IV. Appendices…………………………………………………. 162


136

Contract for Consulting Services


Time-Based

between

_________________________________
[Name of the Employer]

And

_________________________________
[Name of the Consultant]

Dated: __________________________
I. Form of Contract (Time-Based)
137

I. Form of Contract
Time-Based

[Texts in brackets [ ] is optional; all notes should be deleted in the final text.]

This CONTRACT for the Consulting Services (hereinafter referred to as the “Contract”) was
made and entered into this [date]th day of [month], [year], between, on the one hand, [name
of the Employer] of [name of the Employer’s country], with its registered principal office at
[address of the Employer], (hereinafter referred to as the “Employer”) and, on the other hand,
[name of the Consultant] of [name of the Consultant’s country], with its registered principal
office at [address of the Consultant] (hereinafter referred to as the “Consultant”). The
Employer and the Consultant shall hereinafter be referred to individually as a “Party” and
collectively as the “Parties.”
WITNESSETH:
WHEREAS, the Employer has requested the Consultant to provide certain consulting
services as defined in this Contract (hereinafter referred to as the “Services”);
WHEREAS, the Consultant, having represented to the Employer that it has the required
professional skills, and personal and technical resources, has agreed to provide the Services
on the terms and conditions set forth in this Contract;
WHEREAS, the [Name of Borrower] (hereinafter referred to as the “Borrower”) has received
(or in appropriate cases, “has applied for”) a loan from the Export-Import Bank of Korea
(hereinafter referred to as the “Bank”) from the resources of the Economic Development
Cooperation Fund (hereinafter referred to as the "EDCF") of the Republic of Korea in the
amount of [loan amount] toward the cost of the [Name of the Project] (hereinafter referred to
as the “Project”), and intends to apply a portion of the proceeds of this loan to payments
under the Contract; and
WHEREAS, the terms and conditions of the Contract and payments by the Bank, therefore,
shall be subject in all respects to the terms and conditions of the Loan Agreement, including
the Guidelines for the Employment of Consultants under the EDCF Loan. Except as the Bank
may specially otherwise agree, no party other than the Borrower shall derive any rights from
the Loan Agreement or have any claim to the loan proceeds;
NOW THEREFORE the Parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to constitute an integral
part of this Contract:
(a) The General Conditions of Contract;
(b) The Special Conditions of Contract; and
I. Form of Contract (Time-Based)
138
(c) The following Appendices:
Appendix A: Description of Services
Appendix B: Reporting Requirements
Appendix C: Key Personnel and Sub-Consultants – Hours of Work
for Key Personnel
Appendix D: Summary of Cost Estimates
Appendix E: Duties of the Employer
Appendix F: Sample Form of Advance Payments Guarantee
2. The mutual rights and obligations of the Employer and the Consultant shall be as set
forth in the Contract, in particular:
(a) the Consultant shall carry out the Services in accordance with the provisions in
the Contract; and
(b) the Employer shall make payments to the Consultant in accordance with the
provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto, each acting through its duly authorized
representative, have caused this Contract to be signed in their respective names, as of the day
and year first above written.

For and on behalf of [name of the Employer] of [name of the Employer’s country]

___________________________________________
[Authorized Representative]

For and on behalf of [name of the Consultant] [name of the Consultant’s country]

___________________________________________
[Authorized Representative]
II. General Conditions of Contract (Time-Based)
139

II. General Conditions of Contract

1. General provisions

1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the force of
law in the Government’s country, or in such other country as may be specified in
the Special Conditions of Contract, as they may be issued and in force from time
to time.
(b) The “Bank” means the Export-Import Bank of Korea which has been entrusted
by the Government of the Republic of Korea with the operation and management
of the Economic Development Cooperation Fund.
(c) “Consultant” means any private or public entity that will provide the Services to
the Employer under the Contract.
(d) “Contract” means the Contract signed by the Parties and all the attached
documents listed in its Clause 1, that is these General Conditions of Contract, the
Special Conditions of Contract, and the Appendices.
(e) “Day” means calendar day.
(f) “Effective Date” means the date on which this Contract comes into force and
effect pursuant to Clause GCC 2.1.
(g) “Foreign Currency” means any currency other than the currency of the
Employer’s country.
(h) “GCC” means these General Conditions of Contract.
(i) “Government” means the Government of the Employer’s country.
(j) “Party” means the Employer or the Consultant, as the case may be, and “Parties”
means both of them.
(k) “Personnel” means qualified persons hired by the Consultant or by any Sub-
Consultants and assigned to the performance of the Services or any part thereof;
“Foreign Personnel” means such professionals and support staff who at the time
of being so provided had their domicile outside the Government’s country;
“Local Personnel” means such professionals and support staff who at the time of
being provided had their domicile inside the Government’s country; and “Key
Personnel” means the Personnel referred to in Clause GCC 4.2(a).
(l) “Out-of-Pocket Expenses” means all assignment related costs other than
Consultant’s remuneration.
II. General Conditions of Contract (Time-Based)
140
(m) “SCC” means the Special Conditions of Contract by which the GCC may be
amended or supplemented.
(n) “Services” means the work to be performed by the Consultant pursuant to this
Contract, as described in Appendix A hereto.
(o) “Sub-Consultants” means any qualified person or entity to whom/which the
Consultant subcontracts any part of the Services subject to the approval by the
Employer and for whom/which the Consultant is fully responsible.
(p) “Third Party” means any qualified person or entity other than the Government,
the Employer, the Consultant or a Sub-Consultant.
(q) “In Writing” means communicated in written form with proof of receipt.

1.2 Relationship between the Parties


Nothing contained herein shall be construed as establishing a relationship of master
and servant or of principal and agent between the Employer and the Consultant. The
Consultant, subject to this Contract, has complete charge of Personnel and Sub-
Consultants, if any, performing the Services and shall be fully responsible for the
Services performed by them or on their behalf hereunder.

1.3 Law Governing Contract


This Contract, its meaning and interpretation, and the relation between the Parties
shall be governed by the Applicable Law.

1.4 Language
This Contract has been executed in the English language, which shall be the binding
and controlling language for all matters relating to the meaning or interpretation of
this Contract. Furthermore, all reports and correspondence required during the
implementation of the Services shall be in English.

1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.

1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or made
pursuant to this Contract shall be in writing. Any such notice, request or
consent shall be deemed to have been given or made when delivered by in
person, mail or cable to the authorized representative of the Party to which it is
II. General Conditions of Contract (Time-Based)
141
required to be given or made at such Party’s address, or at such other address
as either Party may specify in the SCC.
1.6.2 A Party may change its address for notice hereunder by giving the other Party
in writing of such change to the address in the SCC.

1.7 Location
The Services shall be performed at such locations as are specified in Appendix A
hereto and, where the location of a particular task is not so specified, at such
locations, whether in the Government’s country or elsewhere, as the Employer may
approve.
1.8 Authority of Member in Charge
In case the Consultant consists of a joint venture of more than one entity, the
Members hereby authorize the entity specified in the SCC to act on their behalf in
exercising all the Consultant’s rights and obligations towards the Employer under this
Contract, including without limitation the receiving of instructions and payments from
the Employer.
1.9 Authorized Representatives
Any action required or permitted to be taken, and any document required or permitted
to be executed under this Contract by the Employer or the Consultant may be taken or
executed by the officials, as specified in the SCC.
1.10 Taxes and Duties
All taxes, duties and levies imposed on the Services within the Employer’s country
provided by the Consultant shall either be exempted or borne by the Employer, as
specified in the SCC.
1.11 Fraud and Corruption
It is the Bank’s policy to require that Borrowers (including the beneficiaries of the
Bank loans), as well as Consultants under the EDCF-financed contracts, observe the
highest standard of ethics during the selection and execution of such contracts. In
pursuance of this policy, the Bank:
(a) defines, for the purpose of this provision, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting of,
directly or indirectly, any thing of value to influence the action of a public
official in the selection process or in contract execution; and
(ii) “fraudulent practice” means a misrepresentation or omission of facts in order
to influence a selection process or the execution of a contract;
(b) will cancel the portion of the loan allocated to a contract if it determines at any
time that representatives of the Employer or of a beneficiary of the loan were
engaged in corrupt or fraudulent practices in competing for the contract in
II. General Conditions of Contract (Time-Based)
142
question or the execution of that contract, without the Employer having taken
timely and appropriate action satisfactory to the Bank to remedy the situation; and
(c) shall declare a Consultant ineligible, for a period determined by the Bank, to be
awarded a contract financed by an EDCF loan if it at any time determines that the
Consultant has engaged in corrupt or fraudulent practices in competing for, or in
executing, a contract financed by an EDCF loan.

2. Commencement, Completion, Modification and Termination of Contract

2.1 Effectiveness of the Contract


This Contract shall come into force and effect on the date (the “Effective Date”) of
the Employer’s notice to the Consultant instructing the Consultant to begin carrying
out the Services. This notice shall confirm that the effectiveness conditions, if any,
listed in the SCC have been met.
2.2 Termination of Contract for Failure to Become Effective
If this Contract has not become effective within such time period after the date of the
Contract signed by the Parties as specified in the SCC, the Employer or the
Consultant may, by not less than twenty-one (21) days written notice to the other
Party, declare this Contract to be null and void, and in the event of such a declaration
by either Party, neither Party shall have any claim against the other Party with respect
hereto.
2.3 Commencement of Services
This Consultant shall begin carrying out the Services not later than the number of
days after the Effective Date specified in the SCC.
2.4 Expiration of Contract
Subject to sub-clause GCC 2.7.3(c) and unless terminated earlier pursuant to Clause
GCC 2.9 hereof, this Contract shall expire at the end of such time period after the
number of days from the Effective Date as specified in the SCC.
2.5 Entire Agreement
This Contract contains all covenants, stipulations and provisions agreed by the
Parties. No agent or representative of either Party has authority to make, and the
Parties shall not be bound by or be liable for, any statement, representation, promise
or agreement not set forth herein.
2.6 Modifications or Variations
(a) Any modification or variation of the terms and conditions of this Contract,
including any modification or variation of the scope of the Services, may only be
made by a written agreement between the Parties. Pursuant to Clause GCC 7.2
hereof, however, each Party shall give due consideration to any proposals for
modification or variation made by the other Party.
(b) In cases of any substantial modifications or variations, the prior written consent of
the Bank is required.
II. General Conditions of Contract (Time-Based)
143
2.7 Force Majeure
2.7.1 Definition
(a) For the purpose of this Contract, “Force Majeure” means an event which is
beyond the reasonable control of a Party, is not foreseeable, is unavoidable
and which makes a Party’s performance of its obligations hereunder
impossible or so impractical as reasonably to be considered impossible in
the circumstances, and includes, but is not limited to, war riots, civil
disorder, earthquake, fire, explosion, storm, flood or other adverse weather
conditions, strikes, lockouts or other industrial action (except where such
strikes, lockouts or other industrial action are within the power of the Party
invoking Force Majeure to prevent), confiscation or any other action by
Government agencies.
(b) Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or such Party’s Sub-Consultant
or agents or employees, nor (ii) any event which a diligent Party could
reasonably have been expected both to take into account at the time of the
conclusion of this Contract, and avoid or overcome in carrying out its
obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make
any payment required hereunder.
2.7.2 No Breach of Contract
The failure of a Party to fulfill any of its obligations hereunder shall not be
considered to be a breach of this Contract insofar as such inability arises from
an event of Force Majeure, provided that the Party affected by such an event
(a) has taken all reasonable precautions, due care and reasonable alternative
measures in order to carry out the terms and conditions of this Contract, and
(b) has informed the other Party as soon as possible about the occurrence of
such an event.
2.7.3 Measures to be Taken
(a) A Party affected by an event of Force Majeure shall continue to perform
its obligations under the Contract as far as is reasonably practical, and
shall take all reasonable measures to minimize the consequences of any
event of Force Majeure.
(b) A Party affected by an event of Force Majeure shall notify the other Party
of such event as soon as possible, and in any case not later than fourteen
(14) days following the occurrence of such event, providing evidence of
the nature and cause of such event, and shall similarly give a written notice
of the restoration of normal conditions as soon as possible.
(c) Any period within which a Party shall, pursuant to this Contract, complete
any action or task, shall be extended for a period equal to the time during
which such Party was unable to perform such action as a result of Force
Majeure.
(d) During the period of their inability to perform the Services as a result of an
event of Force Majeure, the Consultant, upon instructions by the
Employer, shall either:
II. General Conditions of Contract (Time-Based)
144
(i) demobilize, in which case the Consultant shall be reimbursed for costs
they reasonably and necessarily incurred, and, if required by the
Employer, in reactivating the Services; or
(ii) continue with the Services to the extent possible, in which case the
Consultant shall continue to be paid under the terms of the Contract and
be reimbursed for additional costs reasonably and necessarily incurred.
(e) In the case of disagreement between the Parties as to the existence or
extent of Force Majeure, the matter shall be settled according to Clause
GCC 8.
2.8 Suspension
The Employer may, by written notice of suspension to the Consultant, suspend all
payments to the Consultant hereunder if the Consultant fails to perform any of its
obligations under this Contract, including the carrying out the Services, provided that
such notice of suspension (i) shall specify the nature of the failure, and (ii) shall
request the Consultant to remedy such failure within a period not exceeding thirty
(30) days after receipt by the Consultant of such notice of suspension.
2.9 Termination
2.9.1 By the Employer
The Employer may terminate this Contract in case of the occurrence of any of
the events specified in paragraph (a) through (h) of this Clause GCC 2.9.1. In
such an occurrence, the Employer shall give a not less than thirty (30) days’
prior written notice of termination to the Consultant, and sixty (60) days’ in
case of the event referred to in (h).
(a) If the Consultant fails to remedy a failure in the performance of its
obligations hereunder, as specified in a notice of suspension pursuant to
Clause GCC 2.8 hereinabove, within thirty (30) days of receipt of such
prior notice of suspension or within such further period as the Employer
may have subsequently approved in writing.
(b) If the Consultant becomes insolvent or bankrupt or enters into any
agreements with their creditors for relief of debt or takes advantage of any
law for the benefit of debtors or goes into liquidation or receivership
whether compulsory or voluntary.
(c) If the Consultant fails to comply with any final decision reached as a result
of arbitration proceedings pursuant to Clause GCC 8 hereof.
(d) If the Consultant, in the judgment of the Employer, has engaged in corrupt
or fraudulent practices in competing for or in executing this Contract.
(e) If the Consultant submits to the Employer a false statement which has
material effect on the rights, obligations or interests of the Employer.
(f) If, as the result of Force Majeure, the Consultant is unable to perform a
material portion of the Services for a period of not less than sixty (60)
days.
(g) If the Loan Agreement has been terminated or the Bank has suspended
disbursements under the Loan Agreement.
II. General Conditions of Contract (Time-Based)
145
(h) If the Employer, in its sole discretion and for any reason whatsoever,
decides to terminate this Contract.
2.9.2 By the Consultant
The Consultant may terminate this Contract, by not less than thirty (30) days’
prior notice to the Employer, in case of the occurrence of any of the events
specified in paragraphs (a) through (d) of this Clause GCC 2.9.2.
(a) If the Employer fails to pay any money due to the Consultant pursuant to
this Contract and not subject to dispute pursuant to Clause GCC 8 hereof
within forty-five (45) days after receiving a written notice from the
Consultant that such payment is overdue.
(b) If, as the result of Force Majeure, the Consultant is unable to perform a
material portion of the Services for a period of not less than sixty (60)
days.
(c) If the Employer fails to comply with any final decision reached as a result
of arbitration pursuant to Clause GCC 8 hereof.
(d) If the Employer is in material breach of its obligations pursuant to this
Contract and has not remedied the same within forty-five (45) days (or
such longer period as the Consultant may have subsequently approved in
writing) following the receipt by the Employer of the Consultant’s notice
specifying such breach.
2.9.3 Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clauses GCC 2.2 or GCC 2.9
hereof, or upon expiration of this Contract pursuant to Clause 2.4 hereof, all
rights and obligations of the Parties hereunder shall cease, except (i) such
rights and obligations as may have accrued on the date of termination or
expiration, (ii) the obligation of confidentiality set forth in Clause GCC 3.3
hereof, (iii) the Consultant’s obligation to permit inspection, copying and
auditing of their accounts and records set forth in Clause GCC 3.8 hereof, and
(iv) any right which a Party may have under the Applicable Law.
2.9.4 Cessation of Services
Upon termination of this Contract by notice of either Party to the other
pursuant to Clauses GCC 2.9.1 or 2.9.2 hereof, the Consultant shall,
immediately upon dispatch or receipt of such notice, take all necessary steps to
bring the Services to a close in a prompt and orderly manner and shall make
every reasonable effort to keep expenditures for this purpose to a minimum.
With respect to documents prepared by the Consultant and equipment and
materials furnished by the Employer, the Consultant shall proceed as provided,
respectively, by Clause GCC 3.7 or GCC 3.9 hereof.
2.9.5 Payment upon Termination
Upon termination of this Contract pursuant to Clauses GCC 2.9.1 or 2.9.2
hereof, the Employer shall make the following payments to the Consultant:
(a) remuneration pursuant to Clause GCC 6 hereof for the Services
satisfactorily performed prior to the effective date of termination, and out-
II. General Conditions of Contract (Time-Based)
146
of-pocket expenses pursuant to Clause GCC 6 hereof for expenditures
actually incurred prior to the effective date of termination;
(b) except in the case of termination pursuant to paragraphs (a) through (e), of
Clause GCC 2.9.1 hereof, reimbursement of any reasonable cost incidental
to the prompt and orderly termination of this Contract including the cost of
the return travel of the Personnel and their eligible dependents; and
(c) in the event that the Consultant is found to be in breach of the Bank’s
Fraud and Corruption requirement, there shall be no payment or
reimbursement in respect of any fraudulent or corrupt practices performed
by the Consultant.
2.9.6 Disputes about Events of Termination
If either Party disputes whether an event specified in paragraphs (a) through
(f) of Clause GCC 2.9.1 or in Clause 2.9.2 hereof has occurred, such Party
may, within forty-five (45) days after receipt of notice of termination from the
other party, refer the matter to Clause GCC 8 hereof, and this Contract shall
not be terminated on account of such event except in accordance with the
terms of any resulting arbitral award.
II. General Conditions of Contract (Time-Based)
147

3. Obligations of the Consultant

3.1 General
3.1.1 Standard of Performance
The Consultant shall perform the Services and carry out their obligations
hereunder with all due diligence, efficiency and economy, in accordance with
generally accepted professional standards and practices, and shall observe
sound management practices, and employ appropriate technology and safe and
effective equipment, machinery, materials and methods. The Consultant shall
always act, in respect of any matter relating to this Contract or to the Services,
as faithful advisers to the Employer, and shall at all times support and
safeguard the Employer’s legitimate interests in any dealings with Sub-
Consultants or Third Parties.
3.1.2 Law Governing Services
The Consultant shall perform the Services in accordance with the Applicable
Law and shall take all practical steps to ensure that any Sub-Consultants, as
well as the Personnel of the Consultant and any Sub-Consultants, comply with
the Applicable Law.
3.2 Conflict of Interests
The Consultant shall hold the Employer’s interests paramount, without any
consideration for future work, and strictly avoid conflict with other assignments or
their own corporate interests.
3.2.1 Consultant Not to Benefit from Commissions, Discounts, etc.
(a) The payments to the Consultant pursuant to Clause GCC 6 hereof shall
constitute the Consultant’s only payment in connection with this Contract
and, subject to Clause GCC 3.2.2 hereof, the Consultant shall not accept
for its own benefit any trade commission, discount, or similar payment in
connection with activities pursuant to this Contract or in the discharge of
its obligations hereunder, and the Consultant shall use its best efforts to
ensure that any Sub-Consultants, as well as the Personnel and agents of
either of them, similarly shall not receive any such additional payment.
(b) Furthermore, if the Consultant, as part of the Services, has the
responsibility of advising the Employer on the procurement of goods,
works or services, the Consultant shall comply with the Bank’s applicable
procurement guidelines, and shall at all times exercise such responsibility
in the best interest of the Employer. Any discounts or commissions
obtained by the Consultant in the exercise of such procurement
responsibility shall be for the account of the Employer.
II. General Conditions of Contract (Time-Based)
148
3.2.2 Consultant and Affiliates Not to Engage in Certain Activities
The Consultant agrees that, during the term of this Contract and after its
termination, the Consultant and any entity affiliated with the Consultant, as
well as any Sub-Consultant shall be disqualified from providing goods, works
or services (other than consulting services) resulting from or directly related to
the Consultant’s Services for the preparation or implementation of the Project.
3.2.3 Prohibition of Conflicting Activities
The Consultant shall not engage, and shall cause their Personnel as well as
their Sub-Consultants and their Personnel not to engage, either directly or
indirectly, in any business or professional activities that would represent a
conflict with the activities assigned to them under this Contract.
3.3 Confidentiality
Except with the prior written consent of the Employer, the Consultant and its
Personnel shall not at any time communicate to any person or entity any confidential
information acquired in the course of the Services, nor shall the Consultant and its
Personnel make public the recommendations formulated in the course of, or as a result
of, the Services.
3.4 Insurance to be Taken out by the Consultant
The Consultant (a) shall take out and maintain, and shall cause any Sub-Consultants
to take out and maintain, at their (or the Sub-Consultants’, as the case may be) own
cost but on terms and conditions approved by the Employer, insurance against the
risks, and for the coverage, as shall be specified in the SCC; and (b) at the Employer’s
request, shall provide evidence to the Employer showing that such insurance has been
taken out and maintained and that the current premiums have been paid. The
Employer undertakes no responsibility in respect of any life, health, accident, travel
and other insurance which may be necessary or desirable for the Personnel or Sub-
Consultants and specialists associated with the Consultant for the purposes of the
Services, nor for any members of any family of any such person.
3.5 Consultant’s Actions Requiring the Employer’s Prior Approval
The Consultant shall obtain the Employer’s prior approval in writing before taking
any of the following actions:
(a) Any change or addition to the Personnel listed in Appendix C.
(b) Subcontracts: the Consultant may subcontract work relating to the Services to
an extent and with such experts and entities as may be approved in advance by
the Employer. Notwithstanding such approval, the Consultant shall retain full
responsibility for the Services. In the event that any Sub-Consultants are found
by the Employer to be incompetent or incapable in discharging assigned
duties, the Employer may request the Consultant to provide a replacement,
II. General Conditions of Contract (Time-Based)
149
with qualifications and experience acceptable to the Employer, or to resume
the performance of the Services itself.
(c) Any other action that may be specified in the SCC.
3.6 Obligations
3.6.1 Reporting Obligations
The Consultant shall submit to the Employer the reports and documents
specified in Appendix B hereto, in the form, in the numbers and with the time
periods set forth in the said Appendix. Final reports shall be delivered in CD
ROM in addition to the hard copies as specified in said Appendix.

The Consultant shall report to the Employer promptly the occurrence of any
event or condition which might delay or prevent completion of any significant
part of the Project in accordance with the agreed schedules.
3.6.2 Other Obligations
In addition to the obligations in Clause GCC 3.6.1 of this Contract, the
Consultant shall meet all the other obligations and/or responsibilities set forth
in Appendix A.
3.7 Documents Prepared by the Consultant to be the Property of the Employer
All plans, drawings, specifications, designs, reports, other documents and software
prepared by the Consultant for the Employer under this Contract shall become and
remain the property of the Employer, and the Consultant shall, not later than upon
termination or expiration of this Contract, deliver all such documents to the Employer,
together with a detailed inventory thereof. The Consultant may retain a copy of such
documents and software, and use such software for their own use with prior written
approval of the Employer. If license agreements are necessary or appropriate between
the Consultant and third parties for purposes of development of any such computer
programs, the Consultant shall obtain the Employer’s prior written approval to such
agreements, and the Employer shall be entitled at its discretion to require recovering
the expenses related to the development of the program(s) concerned. Other
restrictions about the future use of these documents and software, if any, shall be
specified in the SCC.
3.8 Accounting, Inspection and Auditing
The Consultant shall permit the Bank and/or persons appointed by the Bank to inspect
its accounts and records as well as those of its Sub-Consultants relating to the
performance of the Contract, and to have such accounts and records audited by
auditors appointed by the Bank if required by the Bank. The Consultant’s attention is
drawn to Clause 1.11 which provides, inter alia, that acts intended to materially
impede the exercise of the Bank’s inspection and audit rights provided for under
II. General Conditions of Contract (Time-Based)
150
Clause 3.8 constitute a prohibited practice subject to contract termination (as well as
to a determination of ineligibility under the Consultant Guidelines).
3.9 Equipment, Vehicles and Materials Furnished by the Employer
Equipment, vehicles and materials made available to the Consultant by the Employer,
or purchased by the Consultant wholly or partly with funds provided by the Employer,
shall be the property of the Employer and shall be marked accordingly. Upon
termination or expiration of this Contract, the Consultant shall make available to the
Employer an inventory of such equipment, vehicles and materials and shall dispose of
such equipment and materials in accordance with the Employer’s instructions. While
in possession of such equipment, vehicles and materials, the Consultant, unless
otherwise instructed by the Employer in writing, shall insure them at the expense of
the Employer in an amount equal to their full replacement value.
3.10 Equipments and Materials Provided by the Consultants
Equipment or materials brought into the Government’s country by the Consultant and
the Personnel and used either for the Project or personal use shall remain the property
of the Consultant or the Personnel concerned, as applicable.
II. General Conditions of Contract (Time-Based)
151

4. Consultant’s Personnel and Sub-Consultants

4.1 General
The Consultant shall employ and provide such qualified and experienced Personnel
and Sub-Consultants as are required to carry out the Services.
4.2 Description of Personnel
(a) The title, agreed job description, minimum qualification and estimated period of
engagement in the carrying out of the Services of each of the Consultant’s Key
Personnel are described in Appendix C. If any of the Key Personnel has already
been approved by the Employer, his/her name is listed as well.
(b) If required to comply with the provisions of Clause GCC 3.1.1 hereof, adjustments
with respect to the estimated periods of engagement of Key Personnel set forth in
Appendix C may be made by the Consultant by written notice to the Employer,
provided (i) that such adjustments shall not alter the originally estimated period of
engagement of any individual by more than 10% or one week, whichever is larger,
and (ii) that the aggregate of such adjustments shall not cause payments under this
Contract to exceed the ceilings set forth in Clause GCC 6.1(b) of this Contract.
Any other such adjustments shall only be made with the Employer’s written
approval.
(c) If additional work is required beyond the scope of the Services specified in
Appendix A, the estimated periods of engagement of Key Personnel set forth in
Appendix C may be increased by agreement in writing between the Employer and
the Consultant. In case where payments under this Contract exceed the ceilings set
forth in Clause GCC 6.1(b) of this Contract, this will be explicitly mentioned in
the agreement.
4.3 Approval of Personnel
The Key Personnel and Sub-Consultants listed by title as well as by name in
Appendix C are hereby approved by the Employer. In respect of other Personnel
which the Consultant proposes to use in the carrying out of the Services, the
Consultant shall submit to the Employer for review and approval a copy of their
Curricula Vitae (CVs). If the Employer does not object in writing (stating the reasons
for the objection) within twenty-one (21) days from the date of receipt of such CVs,
such Personnel shall be deemed to have been approved by the Employer.
4.4 Working Hours, Overtime, Leave, etc.
(a) Working hours and holidays for Key Personnel are set forth in Appendix C hereto.
To account for travel time, Foreign Personnel carrying out Services inside the
Employer’s country shall be deemed to have commenced, or finished work in
respect of the Services such number of days before their arrival in, or after their
departure from the Employer’s country as is specified in Appendix C hereto.
II. General Conditions of Contract (Time-Based)
152
(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 C hereto, and except
as specified in such Appendix, the Consultant’s remuneration shall be deemed to
cover these items. All leave to be allowed to the Personnel is included in the staff-
months of service set forth in Appendix C. Any taking of leave by Personnel shall
be subject to the prior approval by the Consultant who shall ensure that absence
for leave purposes will not delay the progress and adequate supervision of the
Services.
4.5 Removal and/or Replacement of Personnel
(a) Except as the Employer may otherwise agree, no changes shall be made in the
Personnel. If, for any reason beyond the reasonable control of the Consultant, such
as retirement, death, medical incapacity, among others, it becomes necessary to
replace any of the Personnel, the Consultant shall forthwith provide as a
replacement a person of equivalent or better qualifications.
(b) If the Employer (i) finds that any of the Personnel has committed serious
misconduct or has been charged with having committed a criminal action, or (ii)
has reasonable cause to be dissatisfied with the performance of any of the
Personnel, then the Consultant shall, at the Employer’s written request specifying
the grounds therefore, forthwith provide as a replacement a person with
qualifications and experience acceptable to the Employer.
(c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above,
as well as any out-of-pocket expenditures (including expenditures due to the
number of eligible dependents) the Consultants may wish to claim as a result of
such replacement, shall be subject to the prior written approval by the Employer.
The rate of remuneration applicable to a replacement person will be obtained by
multiplying the rate of remuneration applicable to the replaced person by the ratio
between the monthly salary to be effectively paid to the replacement person and
the average salary effectively paid to the replaced person in the period of six
months prior to the date of replacement. Except as the Employer may otherwise
agree, (i) the Consultant shall bear all additional travel and other costs arising out
of or incidental to any removal and/or replacement, and (ii) the remuneration to be
paid for any of the Personnel provided as a replacement shall not exceed the
remuneration which would have been payable to the Personnel replaced.
4.6 Resident Project Manager
If required by the SCC, the Consultant shall ensure that at all times during the
Consultant’s performance of the Services in the Government’s country a resident
project manager, acceptable to the Employer, shall take charge of the performance of
such Services.
II. General Conditions of Contract (Time-Based)
153

5. Obligations of the Employer

5.1 Assistance and Exemptions


Unless otherwise specified in the SCC, the Employer shall use its best efforts to
ensure that the Government shall:
(a) Provide the Consultant, Sub-Consultants and Personnel with work permits and
such other documents as shall be necessary to enable the Consultant, Sub-
Consultants or Personnel to perform the Services.
(b) Arrange for the Personnel and, if appropriate, their eligible dependents to be
provided promptly with all necessary entry and exit visas, residence permits,
exchange permits and any other documents required for their stay in the
Government’s country.
(c) Facilitate prompt clearance through customs of any property required for the
Services and of the personal effects of the Personnel and their eligible dependents.
(d) Issue to officials, agents and representatives of the Government all such
instructions as may be necessary or appropriate for the prompt and effective
implementation of the Services.
(e) Exempt the Consultant and the Personnel and any Sub-Consultants employed by
the Consultant for the Services from any requirement to register or obtain any
permit to practice their profession or to establish themselves either individually or
as a corporate entity according to the Applicable Law.
(f) Grant to the Consultant, any Sub-Consultants and the Personnel of either of them
the privilege, pursuant to the Applicable Law, of bringing into the Government’s
country reasonable amounts of foreign currency for the purposes of the Services
or for the personal use of the Personnel and their dependents and of withdrawing
any such amounts as may be earned therein by the Personnel in the execution of
the Services.
(g) Provide to the Consultant, Sub-Consultants and Personnel any such other
assistance as may be specified in the SCC.
5.2 Access to Land
The Employer warrants that the Consultant shall have, free of charge, unimpeded
access to all land in the Government’s country in respect of which access is required
for the performance of the Services. The Employer will be responsible for any
damage to such land or any property thereon resulting from such access and will
indemnify the Consultant and each of the Personnel in respect of liability for any such
damage, unless such damage is caused by the default or negligence of the Consultant
or any Sub-Consultants or the Personnel of either of them.
5.3 Services, Facilities and Property of the Employer
(a) The Employer shall make available to the Consultant and the Personnel, for the
purposes of the Services and free of any charge, the services, facilities and
property described in Appendix E at the times and in the manner specified in said
Appendix E.
II. General Conditions of Contract (Time-Based)
154

(b) In case that such services, facilities and property shall not be made available to the
Consultant as and when specified in Appendix E, the Parties shall agree on (i) any
time extension that it may be appropriate to grant to the Consultant for the
performance of the Services, (ii) the manner in which the Consultant shall procure
any such services, facilities and property from other sources, and (iii) the
additional payments, if any, to be made to the Consultant as a result thereof
pursuant to Clause GCC 6.1(c) hereinafter.
5.4 Payment
In consideration of the Services performed by the Consultant under this Contract, the
Employer shall make to the Consultant such payments and in such manner as is
provided by Clause GCC 6 of this Contract.
5.5 Counterpart Personnel
(a) The Employer shall make available to the Consultant free of charge such
professional and support counterpart personnel, to be nominated by the Employer
with the Consultant’s advice, if specified in Appendix E.
(b) If counterpart personnel are not provided by the Employer to the Consultant as
and when specified in Appendix E, the Employer and the Consultant shall agree
on (i) how the affected part of the Services shall be carried out, and (ii) the
additional payments, if any, to be made by the Employer to the Consultant as a
result thereof pursuant to Clause GCC 6.1(c) hereof.
(c) Professional and support counterpart personnel, excluding Employer’s liaison
personnel, shall work under the exclusive direction of the Consultant. If any
member of the counterpart personnel fails to perform adequately any work
assigned to such member by the Consultant that is consistent with the position
occupied by such member, the Consultant may request the replacement of such
member, and the Employer shall not unreasonably refuse to act upon such request.
II. General Conditions of Contract (Time-Based)
155

6. Payments to the Consultant

6.1 Cost Estimates; Ceiling Amount


(a) An estimate of the cost of the Services is set forth in Appendix D.
(b) Except as may be otherwise agreed under Clause GCC 2.6 and subject to Clause
GCC 6.1(c), payments under this Contract shall not exceed the ceilings specified
in the SCC.
(c) Notwithstanding Clause GCC 6.1(b) hereof, if pursuant to Clauses GCC 5.3 or 5.4
hereof, the Parties shall agree that additional payments, shall be made to the
Consultant in order to cover any necessary additional expenditures not envisaged
in the cost estimates referred to in Clause GCC 6.1(a) above, the ceiling or
ceilings, as the case may be, set forth in Clause GCC 6.1(b) above shall be
increased by the amount or amounts, as the case may be, of any such additional
payments.
6.2 Remuneration and Out-of-Pocket Expenses
(a) Subject to the ceilings specified in Clause GCC 6.1(b) hereof, the Employer shall
pay to the Consultant (i) remuneration as set forth in Clause GCC 6.2(b)
hereunder, and (ii) out-of-pocket expenses as set forth in Clause GCC 6.2(c)
hereunder. Unless otherwise specified in the SCC, said remuneration shall be
fixed for the duration of the Contract.
(b) Payment for the Personnel shall be determined on the basis of time actually spent
by such Personnel in the performance of the Services after the date determined in
accordance with Clause GCC 2.3 and Clause SCC 2.3 (or such other date as the
Parties shall agree in writing), at the rates referred to in Clause SCC 6.2(b), and
subject to price adjustment, if any, specified in Clause SCC 6.2(a).
(c) Out-of-pocket expenses actually and reasonably incurred by the Consultant in the
performance of the Services, as specified in Clause SCC 6.2(c).
(d) The remuneration rates referred to under paragraph (b) here above shall cover: (i)
such salaries and allowances as the Consultant shall have agreed to pay to the
Personnel as well as factors for social charges and overhead (bonuses or other
means of profit-sharing shall not be allowed as an element of overhead), (ii) the
cost of backstopping by home office staff not included in the Personnel listed in
Appendix C, and (iii) the Consultant’s fee.
(e) Any rates specified for Personnel not yet appointed shall be provisional and shall
be subject to revision, with the written approval of the Employer, once the
applicable salaries and allowances are known.
(f) Payments for periods of less than one month shall be calculated on an hourly basis
for actual time spent in the Consultant’s home office and directly attributable to
the Services (one hour being equivalent to 1/176th of a month) and on a calendar-
II. General Conditions of Contract (Time-Based)
156
day basis for time spent away from home office (one day being equivalent to
1/30th of a month).
6.3 Currency of Payment
Though prices are quoted in US Dollars, the Contract Price shall be made and paid in
Korean Won, unless specified otherwise in the SCC. The conversion shall be made at
the average of the telegraphic transfer selling rates of Korean Won against US Dollar
as quoted and publicly displayed by the Bank, during the one month period from the
sixteenth (16th) day of two calendar months prior to the month when the first
procurement contract for the consulting service is signed respectively, to the fifteenth
(15th) day of one calendar month prior thereto.
6.4 Mode of Billing and Payment
Billings and payments in respect of the Services shall be made as follows:
(a) Within the number of days after the Effective Date specified in the SCC, the
Employer shall cause to be paid to the Consultant advance payments as specified
in the SCC. When the SCC indicate advance payment, this will be due after
provision by the Consultant to the Employer of an advance payment guarantee
acceptable to the Employer in an amount (or amounts) specified in the SCC. Such
guarantee (i) to remain effective until the advance payment has been fully set off,
and (ii) to be in the form set forth in Appendix F hereto, or in such other form as
the Employer shall have approved in writing. The advance payments will be set
off by the Employer in equal installments against the statements for the number of
months of the Services specified in the SCC until said advance payments have
been fully set off.
(b) As soon as practicable and not later than fifteen (15) days after the end of each
calendar month during the period of the Services, or after the end of each time
intervals otherwise indicated in the SCC, the Consultant shall submit to the
Employer, in duplicate, itemized statements, accompanied by copies of invoices,
vouchers and other appropriate supporting materials, of the amounts payable
pursuant to Clauses GCC 6.3 and GCC 6.4 for such month, or any other period
indicated in the SCC. Separate statements shall be submitted for payments from
foreign and local currency portions. Each statement shall distinguish that portion
of the total eligible costs which pertains to remuneration from that portion which
pertains to out-of-pocket expenses.
(c) The Employer shall pay the Consultant’s statements within sixty (60) days after
the receipt by the Employer of such statements with supporting documents. Only
such portion of a statement that is not satisfactorily supported may be withheld
from payment. Should any discrepancy be found to exist between actual payment
and costs authorized to be incurred by the Consultant, the Employer may add or
subtract the difference from any subsequent payments. Interest at the annual rate
specified in the SCC shall become payable as from the above due date on any
amount due by, but not paid on, such due date.
II. General Conditions of Contract (Time-Based)
157
(d) The final payment under this Clause shall be made only after the final report and a
final statement, identified as such, shall have been submitted by the Consultant
and approved as satisfactory by the Employer. The Services shall be deemed
completed and finally accepted by the Employer and the final report and final
statement shall be deemed approved by the Employer as satisfactory ninety (90)
calendar days after receipt of the final report and final statement by the Employer
unless the Employer, within such ninety (90) day period, gives written notice to
the Consultant specifying in detail deficiencies in the Services, the final report or
final statement. The Consultant shall thereupon promptly make any necessary
corrections, and thereafter the foregoing process shall be repeated. Any amount,
which the Employer has paid or caused to be paid in accordance with this Clause
in excess of the amounts actually payable in accordance with the provisions of this
Contract, shall be reimbursed by the Consultant to the Employer within thirty (30)
days after receipt by the Consultant of notice thereof. Any such claim by the
Employer for reimbursement must be made within twelve (12) calendar months
after receipt by the Employer of a final report and a final statement approved by
the Employer in accordance with the above.
(e) All payments under this Contract shall be made to the accounts of the Consultant
specified in the SCC.
(f) Payments in respect of remuneration or out-of-pocket expenses, which exceed the
cost estimates for these items as set forth in Appendices D and E, may be charged
to the respective contingencies provided for foreign and local currencies only if
such expenditures were approved by the Employer prior to being incurred.
(g) With the exception of the final payment under (d) above, payments do not
constitute acceptance of the Services nor relieve the Consultant of any obligations
hereunder.
II. General Conditions of Contract (Time-Based)
158

7. Fairness and Good Faith

7.1 Good Faith


The Parties undertakes to act in good faith with respect to each other’s rights under
this Contract and to adopt all reasonable measures to ensure the realization of the
objectives of this Contract.
7.2 Operation of the Contract
The Parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties hereby
agree that it is their intention that this Contract shall operate fairly as between them,
and without detriment to the interest of either of them, and that, if during the term of
this Contract either Party believes that this Contract is operating unfairly, the Parties
will use their best efforts to agree on such action as may be necessary to remove the
cause or causes of such unfairness, but no failure to agree on any action pursuant to
this Clause shall give rise to a dispute subject to arbitration in accordance with Clause
GCC 8 hereof.

8. Settlement of Disputes
8.1 Amicable Settlement
If either Party objects to any action or inaction of the other Party, the objecting Party
may file a written Notice of Dispute to the other Party providing in detail the basis of
the dispute. The Party receiving the Notice of Dispute will consider it and respond in
writing within 14 days after receipt. If that Party fails to respond within 14 days, or
the dispute cannot be amicably settled within 14 days following the response of that
Party, Clause GCC 8.2 shall apply.
8.2 Dispute Resolution
Any dispute between the Parties as to matters arising pursuant to this Contract that
cannot be settled amicably according to Clause GCC 8.1 may be submitted by either
Party for settlement in accordance with the provisions specified in the SCC.
III. Special Conditions of Contract (Time-Based)
159

III. Special Conditions of Contract

(Clauses in brackets { } are optional; all notes should be deleted in the final text.)

Number of Amendments of, and Supplements to, Clauses in the General


GCC Clause Conditions of Contract
{1.1(a)} {The words “in the Government’s country” are amended to read “in
[insert name of country].”}

Note: The Bank-financed contracts usually designate the law of the


Government’s country as the law governing the contract. If the Parties
wish to designate the law of another country, however, the Bank will not
object. In the former case, this Clause SCC 1.1(a) should be deleted; in
the latter case, the name of the respective country should be inserted in
the blank, and the square brackets should be removed.
1.6 The Addresses are:

Employer: ___________________________________________
Attention: ___________________________________________
Telephone: __________________________________________
Facsimile: ___________________________________________
E-mail: ___________________________________________

Consultant: ___________________________________________
Attention: ___________________________________________
Telephone: __________________________________________
Facsimile: ___________________________________________
E-mail: ___________________________________________

{1.8} {The Member in Charge is [insert name of member]}

Note: If the Consultant consists of a joint venture/ consortium/


association of more than one entity, the name of the entity whose address
is specified in Clause SCC 1.6 should be inserted here. If the Consultant
consists only of one entity, this Clause SCC 1.8 should be deleted from the
SCC.
1.9 The Authorized Representatives are:

For the Employer: ____________________________________


III. Special Conditions of Contract (Time-Based)
160

For the Consultant: ____________________________________


1.10 Note: While the Bank does not reimburse payments for duties and indirect
taxes levied by the Government’s country, it leaves it to the Employer to
decide whether the Consultant (i) should be exempted from any such
levies, or (ii) should be reimbursed by the Employer for any such levies
they might have to pay (or that the Employer would pay such levies on
behalf of the Consultant and the Personnel).

The Employer warrants that the Consultant, the Sub-Consultants and the
Personnel shall be exempt from (or that the Employer shall pay on behalf
of the Consultant, the Sub-Consultants and the Personnel, or shall
reimburse the Consultant, the Sub-Consultants and the Personnel for) any
indirect taxes, duties, fees, levies and other impositions imposed, under the
Applicable Law, on the Consultant, the Sub-Consultants and the Personnel
in respect of:

(a) any payments whatsoever made to the Consultant, Sub-Consultants


and the Personnel (other than nationals or permanent residents of the
Government’s country), in connection with the carrying out of the
Services;

(b) any equipment, materials and supplies brought into the Government’s
country by the Consultant or Sub-Consultants for the purpose of
carrying out the Services and which, after having been brought into
such territories, will be subsequently withdrawn there from by them;

(c) any equipment imported for the purpose of carrying out the Services
and paid for out of funds provided by the Employer and which is
treated as property of the Employer;

(d) any property brought into the Government’s country by the


Consultant, any Sub-Consultants or the Personnel (other than
nationals or permanent residents of the Government’s country), or
the eligible dependents of such Personnel for their personal use and
which will subsequently be withdrawn there from by them upon
their respective departure from the Government’s country, provided
that:

(1) the Consultant, Sub-Consultants and Personnel, and their


eligible dependents, shall follow the usual customs procedures
of the Government’s country in importing property into the
Government’s country; and
III. Special Conditions of Contract (Time-Based)
161

(2) if the Consultant, Sub-Consultants or Personnel, or their


eligible dependents, do not withdraw but dispose of any
property in the Government’s country upon which customs
duties and taxes have been exempted, the Consultant, Sub-
Consultants or Personnel, as the case may be, (i) shall bear
such customs duties and taxes in conformity with the
regulations of the Government’s country, or (ii) shall
reimburse them to the Employer if they were paid by the
Employer at the time the property in question was brought
into the Government’s country.
{2.1} {The effectiveness conditions are the following: [insert conditions]}

Note: List here any conditions of effectiveness of the Contract, e.g.,


approval of the Contract by the Bank, Employer’s approval of
Consultant’s proposals for appointment of specified key staff members,
effectiveness of the Bank Loan, receipt by Consultant of advance payment
and by Employer of advance payment guarantee (see Clause SCC 6.4(a)),
etc. If there are no effectiveness conditions, delete this Clause SCC 2.1
from the SCC.
2.2 The time period shall be [insert number of days] days.
2.3 The time period shall be [insert number of days] days.
2.4 The time period shall be [insert time period, e.g.: twelve months].
3.4 The risks and coverage shall be as follows:
(a) Third party motor vehicle liability insurance in respect of motor
vehicles operated in the Government’s country by the Consultant or
its Personnel or any Sub-Consultants or their Personnel, with a
minimum coverage of [insert amount in US Dollars];
(b) Third party liability insurance, with a minimum coverage of [insert
amount in US Dollars];
(c) professional liability insurance, with a minimum coverage of [insert
amount in US Dollars];
(d) Consultants’s liability and workers’ compensation insurance in
respect of the Personnel of the Consultant and of any Sub-
Consultants, in accordance with the relevant provisions of the
Applicable Law, as well as, with respect to such Personnel, any
such life, health, accident, travel or other insurance as may be
appropriate; and
(e) insurance against the loss of damage to (i) equipment purchased in
whole or in part with funds provided under this Contract, (ii) the
Consultant’s property used in the performance of the Services, and
(iii) any documents prepared by the Consultant in the performance
III. Special Conditions of Contract (Time-Based)
162

of the Services.

Note: Delete what is not applicable.


{3.5(c)} {The other actions are: [insert actions].}

Note: If there are no other actions, delete this Clause SCC 3.5(c).
{3.7} Note: If there is to be no restriction on the future use of these documents
by either Party, this Clause SCC 3.7 should be deleted. If the Parties wish
to restrict such use, any of the following options, or any other option
agreed to by the Parties, could be used:

{The Consultant shall not use these documents and software for purposes
unrelated to this Contract without the prior written approval of the
Employer.}

{The Employer shall not use these documents and software for purposes
unrelated to this Contract without the prior written approval of the
Consultant.}

{Neither Party shall use these documents and software for purposes
unrelated to this Contract without the prior written approval of the other
Party.}
{4.6} {The person designated as resident project manager in Appendix C shall
serve in that capacity, as specified in Clause GCC 4.6.}

Note: If there is no such manager, delete this Clause SCC 4.6.


{5.1} Note: List here any changes or additions to Clause GCC 5.1. If there are
no such changes or additions, delete this Clause SCC 5.1.
{5.1(g)} Note: List here any other assistance to be provided by the Employer. If
there is no such other assistance, delete this Clause SCC 5.1(g).
6.1(b) The ceiling of Foreign Currency portion: [insert amount in US Dollars]
The ceiling of Local Currency portion: [insert amount in US Dollars]
{6.2(a)} Note: In order to adjust the remuneration for foreign and/or local
inflation, a price adjustment provision should be included here if the
contract has duration of more than 18 months or if the foreign or local
inflation is expected to exceed 5% per annum. The adjustment should be
made every 12 months after the date of the contract for remuneration of
foreign personnel and – except if there is very high inflation in the
Employer’s country, in which case more frequent adjustments should be
provided for – at the same intervals for remuneration of local personnel.
Remuneration of foreign personnel should be adjusted by using the
III. Special Conditions of Contract (Time-Based)
163

relevant index for salaries in the country of the Consultant and


remuneration of local personnel by using the corresponding index for the
Employer’s country. A sample provision is provided below for guidance:

{Payments for remuneration made in accordance with Clause GCC 6.2(a)


shall be adjusted as follows:
(a) Remuneration paid for foreign personnel pursuant to the rates set
forth in Appendix D shall be adjusted every 12 months (and, the first
time, with effect for the remuneration earned in the 13th calendar
month after the date of the Contract) by applying the following
formula:

where Rf is the adjusted remuneration, Rfo is the remuneration payable


on the basis of the rates set forth in Appendix D for remuneration of
foreign personnel, If is the official index for salaries in the country of
the foreign personnel for the first month for which the adjustment is
supposed to have effect, and Ifo is the official index for salaries in the
country of the foreign personnel for the month of the date of the
Contract.

(b) Remuneration paid for local personnel pursuant to the rates set forth
in Appendix D shall be adjusted every [insert number] months (and,
for the first time, with effect for the remuneration earned in the
[insert number]th calendar month after the date of the Contract) by
applying the following formula:

where Rl is the adjusted remuneration, Rlo is the remuneration payable


on the basis of the rates set forth in Appendix D for remuneration of
local personnel, Il is the official index for salaries in the Employer’s
country for the first month for which the adjustment is to have effect
and, Ilo is the official index for salaries in the Employer’s country for
the month of the date of the Contract.}
6.2(b) The rates for Foreign Personnel and for the Local Personnel to be paid are
III. Special Conditions of Contract (Time-Based)
164

set forth in Appendix D.

Note: According to the para. 6.3 of the Instructions to Consultants, the


Employer must request the Consultants to submit certain representations
about the Consultants’ salary and related costs, which representations
are then used by the parties when negotiating the applicable
remuneration rates. In this case, the text set forth below should be used
as Clause SCC 6.2(b)(ii) in the SCC.

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 indicated in
the form “Consultants’ Representations regarding Costs and Charges”
contained in the Appendix attached to Section 4 “Financial Proposal -
Sample Forms” of the RFP, and submitted by the Consultants to the
Employer prior to such negotiation. The agreed remuneration rates are
evidenced in the form “Breakdown of Agreed Fixed Rates in Consultants’
Contract,” executed by the Consultants at the conclusion of such
negotiation; a model of such a form is attached at the end of these SCC as
Model Form I. Should these representations be found by the Employer
(either through inspections or audits pursuant to Clause GCC 3.8 hereof or
through other means) to be materially incomplete or inaccurate, the
Employer shall be entitled to introduce appropriate modifications in the
remuneration rates affected by such materially incomplete or inaccurate
representations. Any such modification shall have retroactive effect and,
in case remuneration has already been paid by the Employer before any
such modification, (i) the Employer shall be entitled to offset any excess
payment against the next monthly payment to the Consultants, or (ii) if
there are no further payments to be made by the Employer to the
Consultants, the Consultants shall reimburse to the Employer any excess
payment within thirty (30) days of receipt of a written claim of the
Employer. Any such claim by the Employer for reimbursement must be
made within twelve (12) calendar months after receipt by the Employer of
a final report and a final statement approved by the Employer in
accordance with Clause GCC 6.4(d) of this Contract.}
6.2(c) The out-of-pocket expenses to be paid are set forth in Appendix D.
6.3 Note: Delete this Clause SCC 6.3 if the prices quoted shall be in US
Dollars, and all payments shall be made and paid in Korean Won.
The prices quoted in the Financial Proposals shall be in [insert
currency].
III. Special Conditions of Contract (Time-Based)
165

The Contract Price shall be made and paid in [insert currencies].


6.4(a) An advance payment of [insert amount] shall be made within [insert
number] days after the Effective Date. The advance payment will be set
off by the Employer in equal installments against the statements for the
first [insert number] months of the Services until the advance payment
has been fully set off.

The advance payment guarantee shall be in the amount of the [foreign]


[local] currency portion of the advance payment.
{6.4(b)} {The Consultant shall submit to the Employer itemized statements at time
intervals of [insert number of months].}

Note: Delete this Clause SCC 6.4(b) if the Consultant shall have to submit
its itemized statements monthly.
6.4(c) The interest rate is: [insert rate].
6.4(e) The account is: [insert account].
8.2 Disputes shall be settled by arbitration in accordance with the following
provisions:
1. Selection of Arbitrators. Each dispute submitted by a Party to
arbitration shall be heard by a sole arbitrator or an arbitration panel
composed of three arbitrators, in accordance with the following
provisions:

(a) Where the Parties agree that the dispute concerns a technical
matter, they may agree to appoint a sole arbitrator or, failing
agreement on the identity of such sole arbitrator within thirty (30)
days after receipt by the other Party of the proposal of a name for
such an appointment by the Party who initiated the proceedings,
either Party may apply to [name an appropriate international
professional body, e.g., the Federation Internationale des
Ingenieurs-Conseil (FIDIC) of Lausanne, Switzerland] for a list of
not fewer than five nominees and, on receipt of such list, the
Parties shall alternately strike names there from, and the last
remaining nominee on the list shall be the sole arbitrator for the
matter in dispute. If the last remaining nominee has not been
determined in this manner within sixty (60) days of the date of the
list, [insert the name of the same professional body as above] shall
appoint, upon the request of either Party and from such list or
otherwise, a sole arbitrator for the matter in dispute.

(b) Where the Parties do not agree that the dispute concerns a
III. Special Conditions of Contract (Time-Based)
166

technical matter, the Employer and the Consultant shall each


appoint one arbitrator, and these two arbitrators shall jointly
appoint a third arbitrator, who shall chair the arbitration panel. If
the arbitrators named by the Parties do not succeed in appointing a
third arbitrator within thirty (30) days after the latter of the two
arbitrators named by the Parties has been appointed, the third
arbitrator shall, at the request of either Party, be appointed by
[name an appropriate international appointing authority, e.g., the
Secretary General of the Permanent Court of Arbitration, The
Hague; the Secretary General of the International Centre for
Settlement of Investment Disputes, Washington, D.C.; the
International Chamber of Commerce, Paris; etc.].

(c) If, in a dispute subject to Clause SCC 8.2.1(b), one Party fails to
appoint its arbitrator within thirty (30) days after the other Party
has appointed its arbitrator, the Party which has named an
arbitrator may apply to the [name the same appointing authority
as in Clause SCC 8.2.1(b)] to appoint a sole arbitrator for the
matter in dispute, and the arbitrator appointed pursuant to such
application shall be the sole arbitrator for that dispute.

2. Rules of Procedure. Except as stated herein, arbitration proceedings


shall be conducted in accordance with the rules of procedure for
arbitration of the United Nations Commission on International Trade
Law (UNCITRAL) as in force on the date of this Contract.

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 SCC 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 Consultant’s home country
[Note: If the Consultant consists of more than one entity, add: or of
the home country of any of their Members or Parties] or of the
Government’s country. For the purposes of this Clause, “home
country” means any of:
(a) the country of incorporation of the Consultant [Note: If the
III. Special Conditions of Contract (Time-Based)
167

Consultant consists of more than one entity, add: or of any of their


Members or Parties]; or
(b) the country in which the Consultant’s [or any of their Members’ or
Parties’] principal place of business is located; or
(c) the country of nationality of a majority of the Consultant’s [or of
any Members’ or Parties’] shareholders; or
(d) the country of nationality of the Sub-Consultants concerned, where
the dispute involves a subcontract.

5. Miscellaneous. In any arbitration proceeding hereunder:


(a) proceedings shall, unless otherwise agreed by the Parties, be held
in [select a country which is neither the Employer’s country nor
the Consultant’s country];
(b) the [type of language] language shall be the official language for
all purposes; and
(c) the decision of the sole arbitrator or of a majority of the arbitrators
(or of the third arbitrator if there is no such majority) shall be final
and binding and shall be enforceable in any court of competent
jurisdiction, and the Parties hereby waive any objections to or
claims of immunity in respect of such enforcement.

Note: The Bank requires that contracts financed by it include choice of


law and dispute settlement provisions. The Bank feels that international
commercial arbitration as provided in the above Clause has substantial
advantages for both parties over other dispute settlement provisions, and it
strongly recommends its borrowers to use the above Clause. Nevertheless,
if the relevant provisions are clear and fair to both parties, the Bank will
not object if borrowers decide to substitute another dispute settlement
provision for the above Clause.
III. Special Conditions of Contract (Time-Based)
168

MODEL FORM I
See Note to Form on Clause SCC 6.2(b)(ii)

Breakdown of Agreed Fixed Rates in Consultant’s Contract

We hereby confirm that we have agreed to pay to the staff members listed, who will be involved in this assignment, the basic salaries and
away from headquarters allowances (if applicable) indicated below:
(Expressed in Korean Won)
Personnel 1 2 3 4 5 6 7 8
Basic Salary per Away from Agreed Fixed Agreed Fixed Rate
Social 1 2
Name Position Working Overhead Subtotal Fee Headquarters Rate per Working per Working
Charges1
Month/Day/Year Allowance Month/Day/Hour Month/Day/Hour1
Home Office

Field

1 Expressed as percentage of 1
2 Expressed as percentage of 4

Signature Date

Name:

Title:
IV. Appendices 169

IV. APPENDICES

APPENDIX A – DESCRIPTION OF SERVICES

Note: This Appendix will include the final Terms of Reference worked out by the Employer
and the Consultant during technical negotiations, dates for completion of various tasks,
place of performance for different tasks, specific tasks to be approved by the Employer, etc.

APPENDIX B - REPORTING REQUIREMENTS

Note: List format, frequency, and contents of reports; persons to receive them; dates of
submission; etc. If no reports are to be submitted, state here “Not applicable.”

APPENDIX C - KEY PERSONNEL AND SUB-CONSULTANTS - HOURS OF


WORK FOR KEY PERSONNEL

Note: 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 Government’s
country, and staff-months for each.

C-2 Same information as C-1 for Key local Personnel.

C-3 Same as C-1 for Key Personnel to be assigned to work outside the Government’s
country.

C-4 List of approved Sub-Consultants (if already available); same information with
respect to their Personnel as in C-1 through C-3.

List here the hours of work for Key Personnel; travel time to and from the country of the
Government for Foreign Personnel (Clause GCC 4.4(a)); entitlement, if any, to overtime pay,
sick leave pay, vacation leave pay, etc.
IV. Appendices 170

APPENDIX D – SUMMARY OF COST ESTIMATES

Costs
Foreign Local
Item Remarks
Currency Currency Sub Total
Portion Portion
Remuneration

Out-of-Pocket
Expenses

Total

Note: Provide the summary of cost estimates in the currency pursuant to Clause GCC 6.3 and
Clause SCC 6.3.

1. Remuneration:
(a) Monthly rates for Foreign Personnel (Key Personnel and other Personnel)
(b) Monthly rates for Local Personnel (other Personnel).

2. Out-of-pocket expenses (items that are not applicable should be deleted; others may be
added):
(a) Per diem allowances for each of the Foreign or Local Personnel for every day
in which such Personnel shall be absent from his home office and shall be
outside the Employer’s country.
(b) Air transport for Foreign Personnel:
(i) the cost of international transportation of the foreign Personnel by the
most appropriate means of transport and the most direct practicable
route to and from the Consultants’ home office; in the case of air travel,
this shall be by less than first class;
(ii) for any foreign Personnel spending twenty-four (24) consecutive months
or more in the Employer’s country, one extra round trip will be
reimbursed for every twenty-four (24) months of assignment in the
Employer’s country. Such Personnel will be entitled to such extra round
trip only if upon their return to the Employer’s country, such Personnel
IV. Appendices 171

are scheduled to serve for the purposes of the Project for a further period
of not less than six (6) consecutive months.
(c) Air transport for dependents: the cost of transportation to and from the
Employer’s country of eligible dependents who shall be the spouse and not
more than two (2) unmarried dependent children under eighteen (18) years of
age of those of the Foreign Personnel assigned to resident duty in the
Employer’s country for the purpose of the Services for periods of six (6)
consecutive months or longer, provided that the stay of such dependents in the
Employer’s country shall have been for not less than three (3) consecutive
months duration. If the assignment period for resident staff of the Foreign
Personnel will be thirty (30) months or more, one extra economy class air trip
for their eligible dependents for every twenty-four (24)-month assignment will
be reimbursed.
(d) Miscellaneous travel expenses
(i) for the air travel of each of the Foreign Personnel, and each eligible
dependent, the cost of excess baggage up to twenty (20) kilograms per
person, or the equivalent in cost of unaccompanied baggage or air
freight;
(ii) the fixed unit price per round trip for miscellaneous travel expenses such
as the cost of transportation to and from airports, airport taxes, passport,
visas, travel permits, vaccinations, etc.
(e) International communications: the cost of communications (other than those
arising in the Employer’s country) reasonably required by the Consultant for
the purposes of the Services.
(f) The cost of printing, reproducing and shipping of the documents, reports,
drawings, etc.
(g) The cost of acquisition, shipment and handling of the following equipment,
instruments, materials and supplies required for the Services, to be imported
by the Consultants and to be paid for by the Employer (including transportation
to the Employer’s country).
(h) The cost of transport of personal effects.
(i) The rate for the programming and use of, and communication between, the
computers for the purpose of the Services.
(j) The cost of laboratory tests on materials, model tests and other technical
services authorized or requested by the Employer.
(k) The cost of any subcontract required for the Services and approved in writing
by the Employer.
IV. Appendices 172

(l) The cost of training of the Employer’s personnel outside the Employer’s
country, if training is a major component of the assignment, specified as such in
the TOR.
(m) The cost of such further items not covered in the foregoing but which may be
required by the Consultants for the purpose of the Services, subject to the
prior authorization in writing by the Employer.
IV. Appendices 173

APPENDIX E - DUTIES OF THE EMPLOYER

Note: List under:

F-1 Services, facilities and property to be made available to the Consultant by the Employer.

F-2 Professional and support counterpart personnel to be made available to the Consultant
by the Employer.
IV. Appendices 174

APPENDIX F – SAMPLE FORM OF ADVANCE PAYMENTS GUARANTEE

Note: See Clause GCC 6.4(a) and Clause SCC 6.4(a).

Bank Guarantee for Advance Payment

_____________________________ [Bank’s Name, and Address of Issuing Branch or


Office]

Beneficiary: ________________ [Name and Address of Employer]

Date: ________________

ADVANCE PAYMENT GUARANTEE No.: _________________

We have been informed that ____________ [name of Consulting Firm] (hereinafter called
"the Consultants") has entered into Contract No. _____________ [reference number of the
contract] dated ____________ with you, for the provision of __________________ [brief
description of Services] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance


payment in the sum of ___________ [amount in figures] ( ) [amount in words]
is to be made against an advance payment guarantee.

At the request of the Consultants, we _______________ [name of Bank] hereby irrevocably


undertake to pay you any sum or sums not exceeding in total an amount of ___________
[amount in figures] ( ) [amount in words]1 upon receipt by us of your first
demand in writing accompanied by a written statement stating that the Consultants are in
breach of their obligation under the Contract because the Consultants have used the advance
payment for purposes other than toward providing the Services under the Contract.

It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Consultants on their account
number ___________ at _________________ [name and address of Bank].
1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated
either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Employer.
IV. Appendices 175

The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Consultants as indicated in copies of certified monthly
statements which shall be presented to us. This guarantee shall expire, at the latest, upon our
receipt of the monthly payment certificate indicating that the Consultants have made full
repayment of the amount of the advance payment, or on the __ day of ___________, 2___, 2
whichever is earlier. Consequently, any demand for payment under this guarantee must be
received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.

_____________________
[signature(s)]

Note: All italicized text is for indicative purposes only to assist in preparing this form and
shall be deleted from the final product.

2
Insert the expected expiration date. In the event of an extension of the time for completion of the Contract, the
Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in
writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee,
the Employer might consider adding the following text to the form, at the end of the penultimate paragraph:
“The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one
year], in response to the Employer’s written request for such extension, such request to be presented to the
Guarantor before the expiry of the guarantee.”

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