Professional Documents
Culture Documents
Selection of Consultants
of
CONSULTING SUPERVISION
for
CONSTRUCTION OF KARIAN MULTIPURPOSE DAM PROJECT
under
Loan EDCF INA-19
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 1
LETTER OF INVITATION
Section 1. Letter of Invitation 2
Section 1
Letter of Invitation
Dear Mr./Ms.:
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:
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.
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,
SECTION 2
INSTRUCTIONS TO CONSULTANTS
Section 2. Instruction to Consultants 5
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
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
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
corruption policy.
Section 2 – Instructions to Consultants – Data Sheet 19
19
Instructions to Consultants
DATA SHEET
Paragraph
Reference
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.
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:
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.
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%
5.3 The minimum technical score (St) required to pass is: 70 Points
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.
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.
24
SUMMARY OF DETAILED EVALUATION CRITERIA OF
CONSULTANT’S TECHNICAL PROPOSAL
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
25
development field
26
<INDICATIVE> Detailed Evaluation Criteria for Qualifications of Technical Proposals
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
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%
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.
34
35
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.
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%
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%
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
44
45
46
Classification Score Detail Evaluation
47
Classification Score Detail Evaluation
Engineer 0.04 experience 100% 90% 70% 40%
48
SECTION 3
TECHNICAL PROPOSAL – STANDARD FORMS
Section 3 – Technical Proposal – Standard Forms 49
49
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-4 Description of the Approach, Methodology and Work Plan for Performing the
Service
50
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,
51
Section 3 – Technical Proposal – Standard Forms 52
52
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.]
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):
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
[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
57
(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. 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
Professional Staff
Name of Staff Firm Area of Expertise Position Assigned Task Assigned
Section 3 – Technical Proposal – Standard Forms 59
1.Proposed Position [only one candidate shall be nominated for each position]:
5.Education [Indicate college/university and other specialized education of staff member, giving names
of institutions, degrees obtained, and dates of obtainment]:
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.]:
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.]
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
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
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
한국수출입은행 귀중
To The Export-Import Bank of Korea (the “Bank”)
사 업 명 :
Name of the Project (the “Project”):
- 다 음 -
년 월 일
Date/Month/Year
회사명 :
Name of the Company:
대표자 : (인)
Name of the Company Representative:
Management
Section 3 – Technical Proposal – Standard Forms 65
(붙임)
(Attachment)
문제 유발자에 대한 제재사유
(대외경제협력기금 운용관리규정 제 7 조의 6)
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;
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);
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.
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,
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
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
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
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
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
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
(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:
Title:
Section 4. Financial Proposal – Sample Forms - Appendix 79
(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.
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.
1.2 Purposes
Scheme of 23,000 ha
Section 5. Term of Reference
84
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.
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.
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.
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.
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).
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.
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.
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.
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
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
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.
2) Disaster Management
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.
3) Watershed Management
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.
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.
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
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- Education of the people regarding the importance of the Project and the
potential benefit of the Dam in economic, social, environmental and
urban developments,
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.
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 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
2) Pre-Construction Stage
Preparing a detailed monitoring program based on the RPL, RKL and other
relevant documents;
Preparing the study and detail design for the small hydropower generation plant.
3) Construction Stage
The consultant shall assist the Government by rendering sound and technically
adequate advice with all reasonable care, skill and diligence.
Check the resettlement status every three month and/or when necessary
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.
O&M Certification
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.
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.
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.
1) Disaster Management
Diffusion on the roles and functions of the institutional set-up to the local
communities, and
Dissemination of the flood hazard map among the local government staff
and the local communities, and
2) Watershed Management
Study on the present condition of the river basin through the collection of
the land use map and the site investigation,
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,
Collection and review the data for river water quality tests executed in the
last 10 years,
Examination of the existing monitoring plan and facilities for water quality
analysis,
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.
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.
Total 262
1 Team Leader 61
2 Dam Engineer 52
3 Construction Engineer 17
5 Cost Estimator 4
6 Contract Specialist 5
7 Hydraulic Engineer 6
8 Hydrologist 5
9 Structural Engineer 15
10 Geotechnical/Embankment Engineer 9
12 Tunnel Engineer 9
13 Mechanical Engineer 12
14 Electrical Engineer 9
15 Landscape Engineer 2
16 Environmental Engineer 5
17 Instrumentation Expert 4
19 Watershed Expert 4
Section 5. Term of Reference
102
21 O/M Expert 7
22 Economist 3
23 Hydropower Engineer 7
Total 434
1 Co-Team Leader 61
2 Dam Engineer 61
3 Construction Engineer 19
5 Cost Estimator 17
6 Contract Specialist 7
7 Hydraulic Engineer 16
8 Hydrologist 12
9 Structural Engineer 27
10 Geotechnical/Embankment Engineer 19
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
20 Watershed Expert 9
Section 5. Term of Reference
103
23 O/M Expert 15
24 Economist 8
25 Hydropower Engineer 13
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.
12) Tunnel Engineer with at least 12 years of experience in tunnel 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.
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 finalize and submit all the required reports such as progress report,
study report, design report, tender document and completion report
2) Dam Engineer
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 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 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
5) Cost Estimator
To collect and analyze the data associated with construction cost, such as
construction facilities, material, labor force and so on
6) Contract Specialist
7) Hydraulic Engineer
To conduct the review of dam intake design based on the hydraulic model
test
Section 5. Term of Reference
108
8) Hydrologist
9) Structural Engineer
To provide the filling control program and carry out the field and
laboratory test
To supervise and control the quantity of earth and rock materials for dam
embankment and concrete works
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 inspect and control all kinds of materials and plants for diversion tunnel
work
To carry out the inspection and tests of mechanical works and inspection of
the completed works at the provisional takeover
To prepare the test run operation report of the mechanical equipment and
O&M manual of mechanical 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 prepare the operation manual for flood monitoring and warning system
Section 5. Term of Reference
112
To study the current flood warning and evacuation system and extract
issues
22) Economist
To conduct economic and financial analysis for the design of small -hydro
power generation plant
To coordinate with all related expert for the design of small-hydro power
generation plant
1) Co-Team Leader
To compile all required study report, design report, tender document and
completion report
2) Dam Engineer
Section 5. Term of Reference
114
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 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 collect and analyze the data associated with construction cost, such as
construction facilities, material, labor force and so on
5) Cost Estimator
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
6) Contract Specialist
7) Hydraulic Engineer
To conduct the review of dam intake design based on the hydraulic model
test
8) Hydrologist
9) Structural Engineer
Section 5. Term of Reference
116
To supervise and control the quantity of earth and rock materials for dam
embankment and concrete works
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 inspect and control all kinds of materials and plants for diversion tunnel
work
To carry out the inspection and tests of mechanical works and inspection of
the completed works at the provisional takeover
To prepare the test run operation report of the mechanical equipment and
O&M manual of mechanical 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 prepare the operation manual for flood monitoring and warning system
To study the current flood warning and evacuation system and extract
issues
24) Economist
To coordinate with all related expert for the design of small-hydro power
generation plant
5. REPORTING
The Consultant shall prepare and submit the following reports in the English language within the
period indicated, as follows:
To present the details of Quality Program to maintain the works keep on the good
quality and specification.
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.
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.
At the completion of the review stage, compiling all the output of review.
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
From time to time, the Consultant shall submit reports as requested by DGWR
through the Project Manager, covering important or problem matters, such as :
f. Time extension
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.
Six (6) months after the commencement of the actual services, to present the
progress of the work.
To review the Final Disaster Management Report for the last time before it is
finalized.
Section 5. Term of Reference
124
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.
Six (6) months after the commencement of the actual services, to present the
progress of the work.
To review the Final Watershed Management Report for the last time before it is
finalized.
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).
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
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 :
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.
(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
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
1) Five (5) copies of the proposal in English should be submitted covering the following:
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.
(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.
(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
C. Main Work 61
I. Consulting Supervision 61
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
2. Spillway Gate 30
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
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
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.
1.4 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.
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
4.1 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
(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
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
(Clauses in brackets { } are optional; all notes should be deleted in the final text.)
Employer: ___________________________________________
Attention: ___________________________________________
Telephone: __________________________________________
Facsimile: ___________________________________________
E-mail: ___________________________________________
Consultant: ___________________________________________
Attention: ___________________________________________
Telephone: __________________________________________
Facsimile: ___________________________________________
E-mail: ___________________________________________
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:
(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;
of the Services.
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.}
(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:
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
(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.
MODEL FORM I
See Note to Form on Clause SCC 6.2(b)(ii)
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
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.
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.”
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-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
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
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
Date: ________________
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").
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.”