RHP RFPDocument

RASUWAGADHI HYDROPOWER COMPANY LIMITED
Lazimpat, Kathmandu, Nepal

RASUWAGADHI HYDROELECTRIC PROJECT
INSTALLED CAPACITY - 111 MW
REQUEST FOR PROPOSALS
Recruitment of Consulting Firms

for
Consulting Services
of
RASUWAGADHI Hydroelectric Project
This draft is for consultation purposes only and does not necessarily reflect the views of ADB’s
Management, Board of Directors, or the Government of [country]. Comments may be submitted to [e-
mail address] by [deadline]. March 2012
Kathmandu, Nepal
CONTENTS
1. PREFACE
2. Request for Proposals
3. Section 1 - Letter of Invitation
. Section 2 - Instructions to Consultants

A. DATA SHEET
B. APPENDIX
4. Section 3 - Technical Proposal - Standard Forms
5. Section 4 - Financial Proposal - Standard Forms
A. Appendix
6. Section 5 - Terms of Reference
7. Section 6 - Standard Forms of Contract
This draft is for consultation purposes only and does not necessarily reflect the views of ADB’s
Management, Board of Directors, or the Government of [country]. Comments may be submitted to [e-
mail address] by [deadline].
Section 1 – Letter of Invitation 1-1
I. SECTION 1. LETTER OF INVITATION
Date:
M/S ………………………….
.................................................
...............................................
Attention: Mr./Ms.
Dear Sirs,
Re: Request for Proposal for the consulting Services Recruitment of Consulting Firms for
Consulting Services of Rasuwagadhi Hydroelectric Project
1. The Rasuwagadhi Hydropower Company Limited (RGHPCL) is expected to utilize its

equity and arrange financial resources from Employees’ Provident Fund (EPF), Nepal for
construction of Rasuwagadhi Hydroelectric Project (RGHEP). The RGHPCL intends to
apply a portion of the funds to eligible payments under the contract for which this
Request for Proposal (RFP) is issued.
2. The Rasuwagadhi Hydropower Company Limited (RGHPCL) now invites proposal to

provide the following consulting services for international consultants (the Consultant) to:
(a) Review the Detailed Project Report and Bidding Documents prepared by RGHPCL
including specification, tender drawings, etc. for civil, hydro mechanical and
electromechanical works; (b) Assist the Employer in evaluation of technical and financial
proposals for the selection of Contractors for the execution of RGHEP and also in
Contract negotiation; (c) Review and recommend to the Employer in approving the
design submitted by the Contractors; and (d) Supervise the construction works and
assure quality on behalf of the Employer including assistance in Contract Administration.
More details on the services are provided in the Terms of Reference.
3. Chilime Hydropower Company Limited (CHPCL) has promoted three subsidiary

Companies namely Rasuwagadhi Hydropower Company Limited (RGHPCL), Madhya
Bhotekoshi Jalavidyut Company Limited (MBJCL) and Sanjen Jalavidhyut Company
Limited (SJCL). These companies are developing four hydroelectric projects namely
Rasuwagadhi HEP (111 MW), Middle Bhotekoshi HEP (102 MW) and Sanjen Upper HEP
(14.8 MW) & Sanjen HEP (42.5 MW). The personnel proposed by the Consultant for this
assignment/project shall not be proposed again for other projects developed by SJCL
and MBJCL. If the same personnel is proposed for other projects as well, evaluation shall
be considered only for one proposal submitted at first.
4. This Request of Proposal (RFP) has been addressed to the following shortlisted
Consultants.
Rasuwagadhi Hydroelectric Project (RGHEP)

1. Tractebel Engineering S.A., France / In cooperation with TEPL and In Association

with JADE Consult, Nepal
2. Lahmeyer International GmbH, Germany / In Association with Total Management
System, Nepal
3. SNC-LAVALIN INC, Canada/ In Association with Hydro Solution Engineering and
Full Bright Consultancy (Pvt.) Ltd.
4. SMEC International Pty. Ltd., Australia / In Association with Aqua Energie LLC-USA
& Environment and Resource Management Consultant (ERMC) and ITECO P. Ltd.,
Nepal
5. ELC-electroconsult S.p.A., Italy
6. SAMAN CORPORATION, South Korea / JV with Kunhwa Consulting & Engineering
Co. Ltd., South Korea.
It is not permissible to assign this invitation to any other firm.
5. A firm will be selected under QCBS method and procedures described in this RFP which
can be found at the following website: http./www.chilime.com.np
6. The RFP includes the following documents:
Section 1 - Letter of Invitation

Section 2 - Instructions to Consultants (including Data Sheet)
Section 3 - Technical Proposal - Standard Forms
Section 4 - Financial Proposal - Standard Forms1
Section 5 - Terms of Reference
Section 6 - Standard Forms of Contract
7. Please note that, if your firm (or any associated firm or joint venture partner or Sub-
Consultant or individual expert nominated in any submitted Technical Proposal for this
project) has been previously engaged to prepare the terms of reference (TOR) for this
assignment, or any part thereof, your firm (and/or any associate firm or joint venture
partner or Sub-Consultant or individual expert so engaged) shall be disqualified from
participation in this assignment.
8. The Lead partner of the Joint Venture firm must have at least 51% share.
9. The short listed Joint Venture firms shall submit the Joint Venture agreement at the time
of Submission of Request for Proposals stating the share of each partner.
10. Please inform us in writing within 7 days from the date of receipt of this Letter of Invitation
at the following address.
1
Including “Instructions for preparing Financial Proposal Forms FIN-1 to FIN-5

Managing Director
Rasuwagadhi Hydropower Company Limited
Rasuwagadhi Hydroelectric Project
Das Tower, Lazimpat, Kathmandu, Nepal
Tel: 977 1 4002045 / 4002046 / 4439287 Fax: 977 1 4443077
Email: chpcl@wlink.com.np
Upon receipt:
(a) that you received the Letter of Invitation; and
(b) whether you will submit a proposal alone or with another firm(s) as a Joint Venture or
as a lead firm; or
(c) your firm/Joint Venture will decline to submit a proposal.
Yours sincerely,
(……………….)
Managing Director

Section 2 – Instructions to Consultants 2-1
Section 2. Instructions to Consultants
Definitions (a) “Client/Employer” means the agency with which the selected
Consultant signs the Contract for the Services.
(b) “Client’s Country” is Nepal.
(c) “Consultant” means any private or public entity including a Joint

Venture that will provide the Services to the Client under the
Contract.
(d) “Contract” means the Contract signed by the Parties, to which the
General Conditions (GCC) together with all the documents listed in
Clause 1 of such signed Contract.
(e) “CQS” means Consultant’s Qualification Selection.
(f) “Data Sheet” means such part of the Instructions to Consultants

used to reflect specific country and assignment conditions.
(g) “Day” means calendar day.
(h) “FBS” means Fixed Budget Selection.
(i) “Government” means the government of the Client’s Country.

“GoN” means government of Nepal.
(j) “Instructions to Consultants” (Section 2 of the RFP) means the

document which provides shortlisted Consultants with all
information needed to prepare their Proposals.
(k) “Joint Venture” means a Consultant which comprises two or more

Partners each of whom will be jointly and severally liable to the
Client for all the Consultant’s obligations under the Contract.
(l) “LCS” means Least Cost Selection.
(m) ”Partner” means any of the entities that make up the Joint Venture;
and Partners means all those entities.
(n) “Personnel” means qualified persons provided by the Consultant

and assigned to perform the Services or any part thereof;
“International Personnel” means such qualified persons who are
citizens of an eligible member countries; “National Personnel”
means such qualified persons who are citizens of the Client’s
country.
Rasuwagadhi Hydroelectric Project (RGHEP) Page 1

(o) “PPMO” means the Public Procurement Monitoring Office of

Government of Nepal.
(p) “Proposal” means a technical proposal or a financial proposal, or
both.
(q) “QBS” means Quality-Based Selection.
(r) “QCBS” means Quality- and Cost-Based Selection.
(s) “RFP” means this Request for Proposal.
(t) “Services” means the work to be performed pursuant to the

Contract.
(u) “SSS” means Single Source Selection.
(v) “Standard Electronic Means” includes facsimile and email

transmissions.
(w) “Sub-Consultant” means any person or entity with whom the

Consultant associates for performance of any part of the Services
and for whom the Consultant is fully responsible.
(x) “Terms of Reference” (TOR) 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
Client and the Consultant, and expected results and deliverables
of the assignment.
1. Introduction 1.1 The Client 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, or a Technical Proposal only,
as specified in the Data Sheet, for consulting services required
for the assignment named in the Data Sheet. The Proposal will
be the basis for contract negotiations and ultimately for a signed
Contract with the selected Consultants.

1.3 Consultants should familiarize themselves with local conditions

relevant to the Services and take them into account in preparing
their Proposals. To obtain first-hand information on the
assignment and local conditions, Consultants are encouraged to
visit the Client before submitting a proposal and to attend a pre-
proposal conference if one is specified in the Data Sheet.
Attending the pre-proposal conference is optional. Consultants
should contact the Client’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 Client will 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
Client 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 1.6.1 RGHEP considers a conflict of interest to be a situation in which

Interest a party has interests that could improperly influence that party’s
performance of official duties or responsibilities, contractual
obligations, or compliance with applicable laws and regulations
and that such conflict of interest may contribute to or constitute a
prohibited practice under the GoN’s Anticorruption Policy. In
pursuance of the Anticorruption Policy’s requirement the
consultants under RGHEP-financed or administered contracts,
observe the highest standard of ethics, the RGHEP will take
appropriate actions to manage such conflicts of interest including
withdrawal of this RFP, and/or any shortlisting of a particular firm
or firms in relation thereto or termination of a resulting contract if
it determines that a conflict of interest has flawed the integrity of
the consultant selection or engagement or in the performance of
the Services.
1.6.2 Without limitation on the generality of the foregoing, Consultants

shall not be recruited under the circumstances set forth below:
(a) Conflict between consulting activities and procurement of

goods, works or services: Consultants or Sub-Consultants
that have been engaged by the Client to provide goods,
works or services for a project shall be disqualified from
providing consulting services related to such project.

Conversely, a consulting firm or individual consultant

hired to provide consulting services for the preparation or
implementation of a project shall be disqualified from
subsequently providing goods, works or services resulting
from or directly related to the firm’s or individual
consultant’s services for such preparation or
implementation.
(b) Consulting firms or individual consultants shall not be

hired for any assignment that, by its nature, may be in
conflict with another assignment of the firm or individual.
As an example, consulting firms or individual consultants
hired to prepare engineering design for an infrastructure
project shall not be engaged to prepare an independent
environmental assessment for the same project, and
consulting firms or individual consultants assisting a client
in the privatization of public assets shall neither purchase,
nor advise purchasers of, such assets. Similarly,
consultants hired to prepare TOR for an assignment shall
not be hired for the assignment in question.
(c) Relationship with Client’s staff. Consultants or Sub-

Consultants that have a business or family relationship
with a Client staff member or with a Client’s staff who are
directly or indirectly involved in any part of (i) the
preparation of the TOR of the Contract, (ii) the recruitment
process for such Contract., or (iii) supervision of such
contract may not be awarded a Contract, unless the
conflict stemming from this relationship has been resolved
in a manner acceptable to the Client throughout the
recruitment process and the execution of the Contract.
1.6.3 Consultants have an obligation to disclose any situation of actual

or potential conflict of interest. Failure to disclose said situations
may lead to the disqualification of the Consultant or the
termination of its Contract.
1.6.4 No agency or current employees of the Client shall work as

Consultants under their own ministries, departments or agencies.
In order to determine whether a conflict of interest exists, prior
written approval of the Client must be sought before such
employees or agencies of the Client are recruited to work for their
agencies. Such approval shall be provided to the Client by the
Consultant invited to contract negotiations, prior to
commencement of negotiations.
Anticorruption 1.7 The Anticorruption Policy requires that the consultants under
RGHEP-financed or administered contracts, observe the highest
standard of ethics during the selection process and in execution
of such contracts. In pursuance of this policy, RGHEP:

(a) defines, for the purposes of this provision, the terms set
forth below as follows:
(i) “corrupt practice” means the offering, giving,

receiving, or soliciting, directly or indirectly,
anything of value to influence improperly the
actions of another party;
(ii) “fraudulent practice” means any act or omission,

including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a
party to obtain a financial or other benefit or to
avoid an obligation;
(iii) “coercive practice” means impairing or harming,

or threatening to impair or harm, directly or
indirectly, any party or the property of the party to
influence improperly the actions of a party;
(iv) “collusive practice” means an arrangement

between two or more parties designed to achieve
an improper purpose, including influencing
improperly the actions of another party;
(b) will reject a proposal for award if it determines that the

consultant recommended for award has directly, or
through an agent, engaged in corrupt, fraudulent,
collusive, or coercive practices in competing for the
contract in question;
(c) will cancel the portion of the financing allocated to a

contract if it determines at any time that engagement in
corrupt, fraudulent, collusive, or coercive practices during
the consultant selection process or the execution of that
contract;
(d) will sanction a party or its successor, including declaring

ineligible, either indefinitely or for a stated period of time,
such party or successor from participation in the
RGHEP-financed or administered activities if it at any
time determines that the consultant has, directly or
through an agent, engaged in corrupt, fraudulent,
collusive or coercive practices in competing for, or in
executing a contract.
1.8 Consultants shall furnish information on fees, gratuities, rebates,

gifts, commissions or other payments if any, paid or to be paid to
agents and/or representatives relating to this proposal and during

execution of the assignment, as requested in the Financial

Proposal submission form (Section 4).
Origin of Goods 1.10 All goods that may be supplied under the Contract shall have as
and Services their country of origin an eligible member country.
Only one 1.11 Shortlisted Consultants may only submit one proposal. Subject to
Proposal paragraph 3.3(ii), if a shortlisted Consultant (including a partner
in any Joint Venture and/or any associated international firm
included in a shortlist) submits or participates in more than one
proposal, such proposals shall be disqualified. However, this
does not limit the inclusion of a non-lead national firm in more
than one proposal.
Proposal 1.12 The Data Sheet indicates how long Consultants’ Proposals must
Validity remain valid after the submission date. During this period,
Consultants shall maintain the availability of experts nominated in
the Proposal. The Client will make its best effort to complete
negotiations within this period. Should the need arise, however,
the Client may request Consultants to extend the validity period
of their proposals. Consultants who do not agree have the right to
refuse to extend the validity of their Proposals.
Eligibility of 1.13 In case a shortlisted Consultant intends to be the lead firm in an

Sub- association with Sub-Consultants, or, if the Consultant is a Joint
Consultants Venture, each Sub-Consultant and Joint Venture Partner (and
and Partners of every individual expert) shall be a citizen or legal entity country.
a Joint Venture
Participation of 1.14 The TOR should be checked to determine if this assignment

National requires participation of eligible national Consultants. Shortlisted
Consultants Consultants are free to be the lead firm in an association (or
managing Partner in a Joint Venture) with any eligible national
Consultants(s) considered to be suitable for the required
services.
2. Clarification of 2.1 Consultants may request a clarification of any of the RFP

RFP Documents documents up to the number of days indicated in the Data Sheet
before the proposal submission date. Any request for clarification
must be sent in writing, or by standard electronic means to the
Client’s address indicated in the Data Sheet. The Client will
respond in writing, or by standard electronic means and will send
written copies of the response (including an explanation of the
query but without identifying the source of inquiry) to all
Consultants. Should the Client deem it necessary to amend the
RFP as a result of a clarification, it shall do so following the
procedure under para. 2.2.
Amendment of 2.2 At any time before the submission of Proposals, the Client may
RFP Documents amend the RFP by issuing an addendum in writing or by

standard electronic means. The addendum shall be sent to all

Consultants and will be binding on them. Consultants shall
acknowledge receipt of all amendments. To give Consultants
reasonable time in which to take an amendment into account in
their Proposals the Client may, if the amendment is substantial,
extend the deadline for the submission of Proposals.
Client 2.3 It is understood that from the time the proposals are received by
Clarification of the Client to the time that the Contract is awarded, the Client
Proposals shall not request the Consultant to provide any clarification on
any matter related to the Consultant’s technical or financial
proposal.
3. Preparation of 3.1 The Proposal (see para. 1.2), as well as all related
Proposals correspondence exchanged by the Consultants and the Client,
shall be written in the English language.
3.2 In preparing their Proposal, Consultants are expected to examine

in detail the documents comprising the RFP. Consultants whose
proposals do not respond to the requirements of the documents
comprising the RFP may fail to meet the minimum qualifying
score.
Association 3.3 While preparing the Technical Proposal, Consultants must give
Arrangements particular attention to the following:
and Joint
Ventures (i) For the purpose of submitting a proposal and subject to
para. 1.13 above, a shortlisted Consultant may enhance
its expertise for the assignment either by:
(a) associating with non-shortlisted firms, in which

case the Consultant shall be the lead consultant
and shall be solely liable under the Contract, or
(b) forming a Joint Venture with non-shortlisted firms,

in which case the Consultant and the Partners of
the Joint Venture shall be jointly and severally
liable under the Contract.
(ii) A shortlisted firm may only submit one proposal. A

shortlisted Consultant (including a Joint Venture and an
association) can associate with another shortlisted
Consultant if so indicated in the Data Sheet, provided (a)
such shortlisted Consultant formally withdraws from the
shortlist; (b) only one proposal is submitted by the non-
withdrawing shortlisted Consultant (including joint venture
or association) as reconstituted; (c) such proposal
identifies the lead firm or managing joint venture partner
as originally submitted by the non-withdrawing shortlisted
Consultant; and (d) such Proposal otherwise complies

with the terms of this paragraph 3.3. Notwithstanding the

previous sentence (and the terms of the Data Sheet), a
national firm (which is not a lead firm) that is a JV partner
or an associate firm included in a shortlist may participate
in more than one proposal.
(iii) A shortlisted Consultant, if a Joint Venture or an

association (i.e., lead firm and Sub-consultants), may add
additional non-shortlisted partners or associates/Sub-
consultants in its Proposal to broaden its range of
expertise and experience.
(iv) In the event that the Consultant constitutes a Joint

Venture or an association, the Consultant shall submit
together with the Technical Proposal (i) for a Joint
Venture, a copy of the Joint Venture Agreement and a
power of attorney (executed by all partners) that
authorizes the designated lead or managing Partner of
the Joint Venture to act for and on behalf of the Joint
Venture and to legally bind such Joint Venture in any
contractual or similar documentation; or (ii) for an
association, an agreement or letters of association that
evidence the terms and conditions of such collaboration
and identifies the lead firm. Any Joint Venture agreement,
Joint Venture power of attorney or agreement or letters of
association shall be attached to 3A Standard Forms
(Section 3).
(v) The Joint Venture Agreement shall expressly indicate joint

and several liability of the partners and identify the
managing or lead partner. All Partners in a Joint Venture
shall sign the Proposal unless the managing or lead
Partner is nominated to do so in the power of attorney.
(vi) None of the firms or experts proposed in an association or

Joint Venture should be the subject of a sanction.
(vii) Alternative experts shall not be proposed, and only one

curriculum vitae (CV) may be submitted for each position.
Proof of Legal 3.4 Prior to contract negotiations, the selected Consultant will be
Status required to submit its proof of legal status i.e., certificate of
incorporation (or registration, in the case of a partnership or joint
venture) or any document required establishing the Consultant’s
status to conduct or transact business as a legal entity.
Disqualification 3.5 Zero rating resulting in disqualification will be given to a

nominated expert in particular circumstances, if the expert:
(i) is not a citizen from an eligible country; or

(ii) is proposed for a national position but is not a citizen of

that country; or
(iii) failed to state citizenship on the CV; or
(iv) the CV is not signed; or
(v) is a current employee of the Client; or
(vi) has failed to disclose any situation of actual or potential

conflict in terms of para. 1.6.3
Technical 3.6 In preparing the Technical Proposal (TP), consultants are

Proposal expected to examine the documents constituting this RFP in
Format and detail. Material deficiencies in providing the information
Content requested may result in rejection of a proposal. The format of
the Technical Proposal to be submitted is indicated in Data
Sheet.
3.7 While preparing the Technical Proposal, consultants must give

particular attention to the following:
(i) If a consultant considers that it does not have all the

expertise for the assignment, it may obtain a full range of
expertise by associating with individual consultant(s)
and/or other consultants or entities in a joint venture or
sub-consultancy, as appropriate. Consultants may
associate with the other consultants.
Consultants must obtain the approval of the Client to

enter into a joint venture with consultants not invited for
this assignment. Foreign consultants are encouraged to
seek the participation of local consultants by entering into
a joint venture with, or subcontracting part of the
assignment to, national consultants.
(ii) For assignments on a staff-time basis, the estimated

number of professional staff-months is given in the Data
Sheet. The proposal shall, however, be based on the
number of professional staff-months estimated by the
consultant. For fixed-budget-based assignments, the
available budget is given in the Data Sheet, and the
Financial Proposal shall not exceed this budget.
(iii) It is desirable that the majority of the key professional

staff proposed be permanent employees of the consultant
or have an extended and stable working relationship with
it.

(iv) Proposed professional staff must, at a minimum, have the

experience, preferably working under conditions similar to
those prevailing in Nepal.
(v) Alternative professional staff shall not be proposed, and

only one curriculum vitae (CV) may be submitted for each
position.
(vi) Reports to be issued by the consultants as part of this

assignment must be in the language(s) as specified in the
Data Sheet.
3.8 The Technical Proposal shall provide the following information

using the attached Standard Forms (Section 3):
(i) A brief description of the consultant’s organization and an

outline of recent experience on assignments (TECH - 2)
of a similar nature. For each assignment, the outline
should indicate, inter alia, the client, location and duration
of the assignment, contract amount, and consultant’s
involvement.
(ii) Any comments or suggestions on the Terms of Reference

and on the data, a list of services, and facilities to be
provided by the Client (TECH - 3).
(iii) A description of the methodology and work plan for

performing the assignment (TECH - 4).
(iv) The list of the proposed staff team by specialty, the tasks
that would be assigned to each staff team member, and
their timing (TECH - 5).
(v) CVs recently signed by the proposed professional staff or

the authorised representative submitting the proposal
(TECH - 6). Key information should include number of
years working for the consultant/entity and degree of
responsibility held in various assignments during the last
ten (10) years.
(vi) Estimates of the total staff input (professional and support

staff; staff time) needed to carry out the assignment,
supported by bar chart diagrams showing the time
proposed for each professional staff team member (TECH
- 7).
(vii) A detailed description of the proposed methodology,

staffing, and monitoring of training, if the Data Sheet
specifies training Section 2. Information to Consultants.

(viii) Any additional information requested in the Data Sheet.
3.9 The Technical Proposal shall not include any financial information.
Financial 3.10 In preparing the Financial Proposal (FP), consultants are

Proposal expected to take into account the requirements and conditions
outlined in the RFP documents. The Financial Proposal should
follow Standard Forms (Section 4). It lists all costs associated
with the assignment, including (a) remuneration for staff (foreign
and local, in the field and at headquarters), and (b) reimbursable
expenses such as subsistence (per diem, housing),
transportation (international and local, for mobilization and
demobilization), services and equipment (vehicles, office
equipment, furniture, and supplies), office rent, insurance,
printing of documents, communication (Telephone, Fax etc.),
surveys, and training, if it is a major component of the
assignment and, other information as requested in the data
sheet. If appropriate, these costs should be broken down by
activity and, if appropriate, into foreign and local expenditures.
3.11 Unless otherwise stated in the Data sheet, the Financial Proposal
shall include local taxes (including Value Added Tax, VAT),
duties, fees, levies, and other charges imposed under the
applicable law, on the Consultants and their personnel.
3.12 Consultants may express the price of their services in the

currency acceptable to the Client. The consultants may not use
more than three foreign currencies. The Client may require
consultants to state the portion of their price representing local
cost in Nepalese Rupees if so indicated in the Data Sheet.
3.13 Commissions and gratuities, if any, paid or to be paid by

consultants and related to the assignment will be listed in the
Financial Proposal submission form (FIN - 4).
3.14 The Data Sheet indicates required validity period of the proposals.
During this period, the consultant is expected to keep available
the professional staff proposed for the assignment. The Client will
make its best effort to complete negotiations within this period. If
the Client wishes to extend the validity period of the proposals,
the consultants who do not agree have the right not to extend the
validity of their proposals.
4. Submission, 4.1 The original proposal (Technical Proposal and, if required,

Receipt, and Financial Proposal; see para. 1.2) shall contain no interlineations
Opening of or overwriting, except as necessary to correct errors made by the
Proposals Consultants themselves. The person who signed the proposal
must initial such corrections. Submission letters for both
Technical and Financial Proposals should be in the format of

TECH - 2 of Section 3 and FIN-1 of Section 4, respectively,

including required attachments, if any. [See para. 3.3(i) above]
4.2 An authorized representative of the Consultants shall initial all

pages of Financial Proposals. The authorization shall be in the
form of a written power of attorney accompanying the Proposal or
in any other form demonstrating that the representative has been
duly authorized to sign. The signed Financial Proposal shall be
marked “ORIGINAL.”
4.3 The Technical Proposal shall be marked “ORIGINAL” or “COPY” as

appropriate. The Technical Proposals shall be sent to the
addresses referred to in para. 4.5 and in the number of copies
indicated in the Data Sheet. All required copies of the Technical
Proposal are to be made from the original. If there are
discrepancies between the original and the copies of the
Technical Proposal, the original governs.
4.4 The original and all copies of the Technical Proposal shall be
placed in a sealed envelope clearly marked “TECHNICAL
PROPOSAL” Similarly, the original Financial Proposal shall be
placed in a sealed envelope clearly marked “FINANCIAL
PROPOSAL” and the name of the assignment, and with a warning
“DO NOT OPEN WITH THE TECHNICAL PROPOSAL.” The envelopes
containing the Technical and Financial Proposals shall be placed
into an outer envelope and sealed. This outer envelope shall
bear the submission address, reference number and title, and be
clearly marked “DO NOT OPEN, EXCEPT IN PRESENCE OF THE
OFFICIAL APPOINTED, BEFORE [insert the time and date of the
submission deadline indicated in the Data Sheet]”. The Client
shall not be responsible for misplacement, losing or premature
opening if the outer envelope is not sealed and/or marked as
stipulated. This circumstance may be cause for Proposal
rejection. If the Financial Proposal is not submitted in a separate
sealed envelope duly marked as indicated above, this will
constitute grounds for declaring the Proposal non-responsive.
4.5 The Proposals must be sent to the address/addresses indicated

in the Data Sheet and received by the Client 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 Client after the deadline for submission shall be returned
unopened.
4.6 The Client shall open the Technical Proposal immediately after
the deadline for their submission. The Financial Proposal shall
remain sealed and securely stored.
4.7 From the time the Proposals are opened to the time the Contract
is awarded, the Consultants should not contact the Client on any

matter related to its Technical and/or Financial Proposal. Any

effort by Consultants to influence the Client in the examination,
evaluation, ranking of Proposals, and recommendation for award
of Contract may result in the rejection of the Consultants’
Proposal.
4.8 The evaluators of Technical Proposals shall have no access to
the Financial Proposals until the technical evaluation is
concluded.
5. Evaluation of 5.1 The evaluation committee shall evaluate the Technical Proposals
Technical on the basis of their responsiveness to the Terms of Reference,
Proposals applying the evaluation criteria, sub criteria, and rating system
specified in the Data Sheet in terms of the Summary and
Personnel Evaluation Criteria detailed in the Appendix thereto.
Each responsive Proposal will be given a technical 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, if
any, indicated in the Data Sheet.
Financial 5.2 Following the ranking of Technical Proposals, in the event of

Proposals submission of a responsive technical proposal, the first-ranked
Consultant is invited to negotiate its Financial Proposal and the
Contract in accordance with the instructions given under para. 6
of these Instructions.
Public Opening 5.3 After the technical evaluation is completed, the Client shall notify
and Evaluation those Consultants whose Proposals did not meet the minimum
of Financial qualifying mark or were considered non-responsive to the RFP,
Proposals indicating that their Financial Proposals will be returned
unopened after completing the selection process. The Client shall
simultaneously notify in writing Consultants that have secured the
minimum qualifying mark, informing them of the technical scores
obtained by their Technical Proposals, and indicating the date,
time and location for opening the Financial Proposals. The
expected date for the public opening of the Financial Proposals is
indicated in the Data Sheet; the opening date should allow
Consultants sufficient time to make arrangements for attending
the opening. Consultants’ attendance at the opening of Financial
Proposals is optional.
Opening and 5.4 Financial Proposals shall be opened publicly in the presence of
Evaluation of the Consultants’ representatives who choose to attend. The
Financial name of the Consultants and the technical scores of the
Consultants shall be read aloud. The Financial Proposal of the
Consultants who met the minimum qualifying mark will then be
inspected to confirm that they have remained sealed and
unopened. These Financial Proposals shall be then opened, and
the total prices read aloud and recorded. Copy of the record shall

be sent to all Consultants.
The Client’s representative will provide attendees with details of

applicable currency exchange rate which will be used to compute
US dollar equivalents during evaluation of Financial Proposals.
The source for determining the exchange rates will be indicated
in the Data Sheet.
5.5 The evaluation committee will review the detailed content of each
Financial Proposal. During the review of Financial Proposals, the
Committee and any Client personnel and others involved in the
evaluation process, will not be permitted to seek clarification or
additional information from any Consultant, who has submitted a
Financial Proposal. Financial Proposals will be reviewed to
ensure these are:
(i) complete (i.e., whether Consultants have priced all items

of the corresponding Technical Proposal); if not, for
material omissions, the Client will price them by
application of the highest unit cost and quantity of the
omitted item as provided in the other Financial Proposals
and add their cost to the offered price, and correct any
arithmetical errors. When correcting computational errors,
in case of discrepancy between (a) a partial amount and
the total amount the partial amount shall prevail; (b)
words and figures, the words shall prevail. The evaluated
total price (ETP) for each Financial Proposal will be
determined. The ETP excludes non-competitive
components (i.e. contingencies and provisional sums).
The ETP will be converted to US dollars using the
exchange rate dealt with in para. 5.4.
(ii) In compliance with the requirements set forth in the Data

Sheet, each Financial Proposal must include provisional
sums and contingencies in the amounts specified in the
Data Sheet and the validity period of the Consultants’
proposals must accord with the validity period indicated in
the Data Sheet. Provision for a discount in any Financial
Proposal is not permissible and the ETP for each
Financial Proposal will be determined without applying
any discount.
5.6 Comparison of Bid:
(i) to allow comparison on a common basis, each Financial

Proposal will be carefully scrutinized in accordance with
the procedure outlined in para. 5.5, and an ETP in US
dollars will be determined. The lowest evaluated Financial
Proposal will receive the maximum score of 1,000 marks.
The score for each other Financial Proposal is inversely

proportional to its ETP and will be computed as follows:

Sf = 1,000 x Fm / F where:
Sf is the financial score of the Financial Proposal being
evaluated,
Fm is the ETP of the lowest priced Financial Proposal,
F is the ETP of the Financial Proposal under
consideration.
(ii) following completion of evaluation of Technical and
Financial Proposals, final ranking of the Proposals will be
determined. This will be done by normally applying a
weight as specified in the data sheet (i.e., 90%:10%,
80%:20%, or 70%:30%) respectively to the technical and
financial score of each evaluated qualifying Technical and
Financial Proposal and then computing the relevant
combined total score for each Consultant. After such final
ranking, the first-ranked Consultants will be invited for
contract negotiations.
(iii) if a maximum budget is specified in the Data Sheet,

Financial Proposals must be within such maximum
budget. If any proposal exceeds such maximum budget,
such proposal will be held non-responsive and be given a
zero score. In such cases, if the firm submitting a
Financial Proposal exceeding the maximum budget still
obtains the highest combined score in final ranking, this
winning firm will be advised, as a condition of contract
negotiations, to reduce the Financial Proposal to the
maximum budget without compromising the TOR for the
assignment (and without modification of proposed unit
rates.)
(iv) if an estimated budget is specified in the Data Sheet, a

Financial Proposal may exceed such estimated budget, if
considered necessary by the firm submitting the financial
proposal. In such cases, if the firm submitting a Financial
Proposal exceeding the estimated budget still obtains the
highest combined score in final ranking, this winning firm
may be advised, as a condition of contract negotiations,
to reduce the Financial Proposal to such maximum
budget without compromising the TOR for the assignment
(and without modification of proposed unit rates).
6. Negotiations 6.1 Subject to Clause 2.2, negotiations will be held at the date and
address indicated in the Data Sheet. The invited Consultant will,
as a pre-requisite for attendance at the negotiations, confirm
availability of all experts named in its proposal in the absence of

death or medical incapacity. Failure in satisfying such

requirements may result in the Client proceeding to initiate the
negotiation process with the next-ranked Consultant.
Representatives conducting negotiations on behalf of the
Consultant must have written authority to negotiate and conclude
a Contract.
Technical 6.2 Negotiations will include a discussion of the Technical Proposal,

negotiations the proposed technical approach and methodology, work plan
and schedule, and organization and personnel, and any
suggestions made by the Consultant to improve the TOR. The
Client and the Consultants will finalize the TOR, personnel
schedule, work schedule, logistics, and reporting. These
documents will then be incorporated in the Contract as
“Description of Services.” Special attention will be paid to clearly
defining the inputs and facilities required from the Client to
ensure satisfactory implementation of the assignment. The Client
shall prepare minutes of negotiations which will be signed by the
Client and the Consultant.
Financial 6.3 (i) The financial negotiations will, as necessary, fine-tune

negotiations duration of the expert’s inputs and quantities of out-of-
pocket expenditure items that may be increased or
decreased from the relevant amounts shown or agreed
otherwise in the Financial Proposal but without significant
alterations. The details of expert remuneration and
specific unit rates for out-of-pocket expenditures will not
be subject to negotiations.
(ii) The Financial Proposal of the first-ranked firm is

substantially higher than any maximum or estimated
budget specified in the Data sheet, the Client reserves the
right to invite the next-ranked firm to negotiate, if
negotiations with such first-ranked firm do not result in an
acceptable contract having due regard to the inputs and
scope of work required under the TOR (see 5.6(iii)-(iv)).
Availability of 6.4 Having selected the Consultant on the basis of, among other
Personnel things, an evaluation of proposed personnel, the Client expects
to negotiate a Contract on the basis of the personnel named in
the Proposal. Before contract negotiations, the Client will require
assurances that the personnel will be actually available. The
Client will not consider substitutions during contract negotiations
unless both parties agree that undue delay in the selection
process makes such substitution unavoidable or for reasons such
as death or medical incapacity. The Client may also request the
replacement of any expert nominated by the invited firm who
receives a rating below 70% (average) or is deemed to be

unsuitable for a proposed position. In the event that the Client

requests a replacement, such replacement shall have the same
unit rate of remuneration proposed for the original candidate by
the firm in its Financial Proposal, where the rate of remuneration
will be based on supporting documentation. Any proposed
substitute shall have equivalent or better qualifications and
experience than the original candidate and be submitted by the
Consultant within the period of time specified in the letter of
invitation to negotiate. Failure to meet either of these
requirements may result in disqualification.
Conclusion of 6.5 Negotiations will conclude with a review of the draft Contract. To
the negotiations complete negotiations the Client and the Consultant will initial the
agreed Contract. If negotiations fail, the Client will invite the
Consultant whose Proposal received the second highest score to
negotiate a Contract.
7. Award of 7.1 After completing negotiations the Client shall award the Contract
Contract to the selected Consultant and notify the other Consultants who
could have been invited to negotiate a Contract that they were
unsuccessful. After Contract signature the Client shall return the
unopened Financial Proposals to the consultants whose
Technical Proposals have not secured the minimum qualifying
mark, or were found to be technically non-responsive.
7.2 The Consultant is expected to commence the Services on the

date and at the location specified in the Data Sheet.
7.3 Consultants who were not awarded the Contract may request an
oral debriefing from the executing agency after Contract award in
respect of their Proposal.
8. Publication 8.1 After the Contract award, the Client shall publish on it’s website
(after receipt from the executing agency):
(i) the names of all consultants who submitted proposals,
(ii) the technical points assigned to each consultant,
(iii) the offered prices of each consultant.
(iv) the overall ranking of the consultants, and
(v) the name of the winning consultant and the contract sum.
9. Confidentiality 9.1 Information relating to evaluation of Proposals and

recommendations concerning awards shall not be disclosed to
the Consultants who submitted the Proposals or to other persons
not officially concerned with the process. The use by any
Consultant of confidential information related to the process may
make it subject to client’s discretion.
10. Conduct of 10.1 The Consultant shall be responsible to fulfill his obligations as per
Consultants the requirement of the Contract Agreement, RFP documents and

GoN’s Procurement Act and Regulations.
10.2 The consultant shall not carry out or cause to carryout the
following acts with an intention to influence the implementation of
the procurement process or the contract agreement :
a) give or propose improper inducement directly or indirectly,
b) distortion or misrepresentation of facts
c) engaging or being involved in corrupt or fraudulent practice
d) interference in participation of other prospective consultants.
e) coercion or threatening directly or indirectly to impair or harm,
any party or the property of the party involved in the
procurement proceedings,
f) collusive practice among consultants before or after submission
of proposals for distribution of works among consultants or fixing
artificial/uncompetitive proposal price with an intention to
deprive the Client the benefit of open competitive proposal
price.
g) contacting the Client with an intention to influence the Client
with regards to the proposals or interference of any kind in
examination and evaluation of the proposals during the period
after opening of proposals up to then notification of award of
contract.
11. Blacklisting 11.1 Without prejudice to any other right of the Client under this
Consultant Contract, Public Procurement Monitoring Office may blacklist a
Consultant for his conduct up to three years on the following
grounds and seriousness of the act committed by the consultant
without prejudice to any other rights of the Client under rights
under this Contract:
a) if it is proved that the consultant committed acts pursuant

to sub-clause 10.2,
b) if the Consultant fails to sign an agreement pursuant to

Clause 7,
c) if it is proved later that the Consultant has committed

substantial defect in implementation of the contract or has
not substantially fulfilled his obligations under the contract
or the completed work is not of the specified quality as per
the contract ,
d) if convicted by a court of law in a criminal offence which

disqualifies the bidder from participating in the contract.

11.2 A Consultant declared blacklisted and ineligible by the GoN,

Public procurement Office shall be ineligible to bid for a contract
during the period of time determined by the PPMO.

Section 2 – Data Sheet 2.1-1
I. Instructions to Consultants
(ii) DATA SHEET
Paragraph Details
Reference
1.1 Name of the Client:
Managing Director
Rasuwagadhi Hydropower company Limited
Tel: 977 1 4002045 / 4002046 / 4439287 Fax: 977 1 4443077
Method of selection: Quality and Cost Based Selection (QCBS)
1.2 Financial Proposal to be submitted together with Technical Proposal:
Yes
Name of the assignment is:
Consulting Services to:
(a) Review the Detailed Project Report and Bidding Documents prepared by
RGHPCL including specification, tender drawings, etc. for civil, hydro
mechanical and electro-mechanical works;
(b) Assist the Employer in evaluation of technical and financial proposals for
the selection of Contractor for the execution of RGHEP and also in
Contract negotiation;
(c) Review and recommend to the Employer in approving the design

submitted by the Contractors;
(d) Supervise the construction works and assure quality on behalf of the
Employer including assistance in Contract Administration for EPC
Contract (Civil and Hydro-mechanical works package); and
(e) Supervise the works and assure quality on behalf of the Employer in the
role of Engineer for Design build Contract (Electro-mechanical works
package).
1.3 A pre-proposal conference will be held: Yes

Paragraph Details
Reference
Date: 17th April, 2012
Time: 2:00 PM
Venue: Meeting Hall of Chilime Hydropower Company Limited,

Kathmandu, Nepal
The Client’s representative is:
Managing Director
Tel: 977 1 4002045 / 4002046 / 4439287 Fax: 977 1 4443077
1.4 The Client will provide the following inputs and facilities:
All available studies and reports in RGHEP related to the Project that are
required for the performance of the consultant’s services.
1.12 Proposals must remain valid: 180 days after the submission date, i.e. 5th
November, 2012.
2.1 Clarifications may be requested not later than 21 days before the submission
date.
The address for requesting clarification is:

Managing Director
Tel: 977 1 4002045 / 4002046 / 4439287 Fax: 977 1 4443077
3.2 Minimum Qualifying Score in Technical Proposal: As indicated in Sub

clause 5.1
3.3 (ii) Short listed Consultants may

associate with other short listed Consultants: No
3.6 The format of the Technical Proposal to be submitted is:
Full Technical Proposal (FTP)

Paragraph Details
Reference
3.7(ii) Minimum number of person-months that must be shown on the

personnel schedule are:
International experts: 147 person-months

National experts and other local staff: 930 person-months
3.7 (ii) Maximum Budget: Not Applicable
3.7(vi) Language: English
3.8 (vii) Not Applicable
3.8 (viii) Not Applicable
3.10 Amount for provisional sums:

Training, Technology Transfer and Others: US$ 175,000.
3.11 Taxes: As per rules and regulations of Government of Nepal.

The rates and prices quoted by the Consultant in their Financial Proposal
shall be deemed to have included all the applicable taxes as may be levied
as per the existing law of Nepal.
The Consultants, Sub-Consultants & their Personnel shall pay such taxes,
duties and other impositions as may be levied in the quoted rates of the
proposed staff.
The financial proposal should clearly estimate as a separate amount the

VAT imposed under applicable law, on the Consultants.
The Consultants are advised to Consult with the official of Inland Revenue
Department of GoN and tax experts before submission of the RFP.
3.12 Payments will be made in United States Dollar (UD$) and Nepalese
Rupees (NRs) only.
Consultant to state local cost in Nepalese Rupees: Yes.
4.3 Consultant must submit one original and two (2) copies of the Technical
Proposal and one original of the Financial Proposal.
4.4 Financial Proposal to be submitted in sealed envelope: yes
4.5 The proposal submission address is:

The Managing Director

Paragraph Details
Reference

Tel: 977 1 4002045 / 4002046 / 4439287 Fax: 977 1 4443077
Email: chpcl@wlink.com.
Proposals must be submitted no later than the following date and time:
9th May, 2012 within 12:00 Noon local time.
5.1 Criteria, sub-criteria, and point system for the evaluation of Technical
Proposals are those indicated in the Evaluation Sheets listed in Appendix 1.
The minimum technical score required to pass is 700 from a maximum of

1,000 points and minimum 50% in each category I, II and III as indicated in
Evaluation Sheets attached.
5.3 Expected date for public opening of Financial Proposals:

23rd May, 2012
at:
Managing Director
Tel: 977 1 4002045 / 4002046 / 4439287 Fax: 977 1 4443077
5.4 The source for determining the exchange rates is:

Nepal Rastra Bank exchange rate on 28 days prior to the deadline of
proposal submission date.
5.6(ii) Quality-Cost Ratio : 70:30
6.1 Expected date and address for contract negotiations: 6th June, 2012
at:
Managing Director
Tel: 977 1 4002045 / 4002046 / 4439287 Fax: 977 1 4443077
7.2 Expected date for commencement of consulting service: 1st July, 2012
Kathmandu, Nepal

APPENDIX-1
Evaluation Sheets to be used for the evaluation of Technical Proposals
(i) Summary Evaluation Sheets for Full Technical Proposals;
(ii) Personnel Evaluation Sheet for Full Technical Proposals.

CONFIDENTIAL
PERSONNEL EVALUATION SHEET

Name of Firm:
A B C
POSITION/AREA OF General Project-Related Overseas/Country TOTAL
EXPERTISE Qualifications Experience Experience SCORE
15% 70% 15% (A+B+C)
International Consultants NAME Rating Score Rating Score Rating Score
a. Team Leader / CRE 0 0 0 0
b. Resident Engineer 0 0 0 0
c. Design Engineer 0 0 0 0
d. Electrical Engineer 0 0 0 0
e. Mechanical Engineer 0 0 0 0
f. Geotechnical Engineer 0 0 0 0
A B C
General Project-Related Experience w/ TOTAL
Qualifications Experience Intl. Org. SCORE
25% 75% 0% (A+B+C)
National Consultants NAME Rating Score Rating Score Rating Score
a. Contract/ Claim Specilist 0 0 0 0
b. Design Engineer 0 0 0 0
c. Geotechnical Engineer/ Engineering Geologist 0 0 0 0
d. Mechanical Engineer 0 0 0 0
e. Electrical Engineer - 2 nos 0 0 0 0
f. Quality Control Engineer - 2 nos 0 0 0 0
g. Civil Engineer - 3 nos 0 0 0 0
h. Environmental Engineer 0 0 0 0
Rating: Excellent - 100% Very Good - 90% Above Average - 80% Average - 70% Fair - 50% Non-complying - 0%
Score: Rating x percentage assigned to criterion
Note:
1 Interband ratings are not allowed in application of the above rating scale. For example, only a score of 90 or 80 can be given, not 85, 87, etc.
2 For General Qualifications and Project related Experience, the Fair(50%) rating shall be given for personnel having minimum qualification/experience as stated in TOR and Excellent (100%) rating shall be given to
the personnel having qualifications/experience exceeding the maximum requirements as mentioned in TOR.
3 For Overseas or Country Experience sub-category, personnel having 5 years of working experience in the overseas/ country outside the home country shall obtain Fair rating and the personnel having more than 8
years of working experience in the overseas/country outside the home country with more than 5 years experience in the developed country shall carry Excellent rating.
4 Chilime Hydropower Company Limited (CHPCL) has promoted three subsidiary Companies namely Madhya Bhotekoshi Jalavidyut Company Limited (MBJCL), Rasuwagadhi Hydropower Company Limited
(RGHPCL) and Sanjen Jalavidhyut Company Limited (SJCL). These companies are developing four hydroelectric projects namely Middle Bhotekoshi HEP (102 MW), Rasuwagadhi HEP (111 MW) and Sanjen
Upper HEP (14.8 MW) & Sanjen HEP (42.5 MW). The personnel proposed by the Consultant for this assignment/project shall not be proposed again for other projects developed by SJCL and MBJCL. If the same
personnel is proposed for other projects as well, evaluation shall be considered only for one proposal submitted at first.
Section 3 – Technical Proposal – Standard Forms 3-1
Section 3. Technical Proposal - Standard Forms
[Comments in brackets [ ] provide guidance to the shortlisted Consultants for the preparation
of their Technical Proposals; they should not appear on the Technical Proposals to be sub-
mitted.]
Refer to Clause 3.6 of the Data Sheet for format of Technical Proposal to be submitted, and
paragraph 3.6 of Section 2 of the RFP for Standard Forms required and number of pages
permitted.
TECH-1 Technical Proposal submission form.
TECH-2 Consultant’s references.
TECH-3 Comments and suggestions of consultants on the Terms of Reference

and on data, services, and facilities to be provided by the Client.
TECH-4 Description of the methodology and work plan for performing the
assignment.
TECH-5 Team composition and task assignments.
TECH-6 Format of curriculum vitae (CV) for proposed professional staff.
TECH-7 Time schedule for professional personnel.
TECH-8 Activity (work) schedule.

TECH-1: TECHNICAL PROPOSAL SUBMISSION FORM
[Location, Date]
To: [Name and address of Client]
Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in
accordance with your Request for Proposal dated [Insert Date] and our Proposal. We are
hereby submitting our Proposal, which includes this Technical Proposal, and a Financial
Proposal sealed1 under a separate envelope.2
We are submitting our Proposal in association with/as a Joint Venture: [Insert a list with full
name and address of each joint venture partner or sub-Consultant].3 Attached is the following
documentation: [Joint Venture Agreement and Joint Venture power of attorney for lead or
managing Partner]
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 Clause Reference 1.12 of the Data Sheet, we undertake to negotiate on the
basis of the proposed personnel. Our Proposal is binding upon us and subject to the
modifications resulting from Contract negotiations.
We undertake, if our Proposal is accepted, to initiate the consulting services related to the
assignment not later than the date indicated in Clause Reference 7.2 of the Data Sheet.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]:

Name and Title of Signatory:
Name of Firm:
Address:
1
If FBS, LCS or QCBS.
2
[In case Clause Reference 1.2 of the Data Sheet requires to submit a Technical Proposal only, replace this sen-
tence with: “We are hereby submitting our Proposal, which includes this Technical Proposal only.”]
3
[Delete in case no association or Joint Venture is proposed.]

TECH-2: CONSULTANT’S REFERENCES
A - Consultant’s Organization
[Provide here a brief (two pages) description of the background and organization of the
Consultant and, if applicable, Sub-Consultant and each joint venture partner for this
assignment.]

B - Consultant’s Experience
[For Full Technical Proposals Only]
[Using the format below, provide information on each assignment for which your firm, and
each joint venture partner or sub-consultant for this assignment, was legally contracted
either individually as a corporate entity or as one of the major companies within a joint
venture or sub-consultancy, for carrying out consulting services similar to the ones requested
under this assignment. Use a maximum of 20 pages.]
Assignment name: Approx. value of the contract (in current US$ or

Euro):
Country: Duration of assignment (months):

Location within country:
Name of Client: Total No. of person-months of the assignment:
Address: Approx. value of the services provided by your

firm under the contract (in current US$ or Euro):
Start date (month/year): No. of professional person-months provided by

Completion date (month/year): the joint venture partners or the Sub-Consultants:
Name of joint venture partner or sub- Name of senior regular full-time employees of
Consultants, if any: your firm involved and functions performed
(indicate most significant profiles such as Project
Director/Coordinator, Team Leader):
Narrative description of Project:
Description of actual services provided in the assignment:
Firm’s Name:

TECH-3: COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE AND

ON COUNTERPART STAFF AND FACILITIES TO BE PROVIDED BY THE CLIENT
A - On the Terms of Reference
[Present and justify here any modifications or improvement to the Terms of Reference you
are proposing to improve performance in carrying out the assignment (such as deleting some
activity you consider unnecessary, or adding others, or proposing a different phasing of the
activities). Such suggestions should be concise and to the point, and incorporated in your
Proposal.]

B – On Counterpart Staff and Facilities
[Comment here on counterpart staff and facilities to be provided by the Client according to
Clause Reference 1.4 of the Data Sheet including: administrative support, office space, local
transportation, equipment, data, etcetera.]

TECH-4: DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR

PERFORMING THE ASSIGNMENT
[Technical approach, methodology and work plan are key components of the Technical
Proposal. You are suggested to present your Technical Proposal (maximum of 50 pages,
inclusive of charts and diagrams for Full Technical Proposal and maximum of 10 pages if a
Simplified Technical Proposal is used) divided into the following three chapters:
a) Technical Approach and Methodology,
b) Work Plan, and
c) Organization and Personnel,
a) Technical Approach and Methodology. In this chapter you should explain your
understanding of the objectives of the assignment, 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 assignment,
their content and duration, phasing and interrelations, milestones (including interim approvals
by the Client), 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 Personnel. In this chapter you should propose the structure and
composition of your team. You should list the main disciplines of the assignment, the key
expert responsible, and proposed technical and support personnel. You shall also specify if
you will be the lead firm in a joint venture or in an association with Sub-Consultants. For joint
ventures, you must attach a copy of the joint venture agreement.] The information should be
consistent with the Form TECH-5, TECH-6 and TECH-7.

TECH-5: TEAM COMPOSITION, TASK ASSIGNMENTS AND SUMMARY OF CV INFORMATION
Interna- Employment
Firm Area of Position Task Citi- Education / No. of years of CV signature
Family Name, First tional or Status with
zen- Degree (Year / relevant project (by expert/by
Name Acronym Expertise Assigned Assigned National Firm (full-time,
ship Institution) experience other)
Expert or other)

TECH-6: CURRICULUM VITAE (CV) FOR PROPOSED INTERNATIONAL OR

NATIONAL EXPERTS
1. Proposed Position [only one candidate shall be nominated for each position]:
2. Name of Firm [Insert name of firm proposing the expert]:
3. Name of Expert [Insert full name]:
4. Date of Birth: Citizenship:
5. Education [Indicate college/university and other specialized education of expert, giving names
of institutions, degrees obtained, and dates of obtainment]:
6. Membership in Professional Associations:
7. Other Trainings [Indicate significant training since degrees under 5 - Education were obtained]:
_______________________________________________________________________
8. Countries of Work Experience: [List countries where expert has worked in the last ten
years]:
9. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading,
and writing]:
10. Employment Record [Starting with present position, list in reverse order every employment
held by expert since graduation, giving for each employment (see format here below): dates of
employment, name of employing organization, positions held.]:
From [Year]: To [Year]:

Employer:
Positions held:

11. Detailed Tasks Assigned 12. Work Undertaken that Best Illustrates Capability to
Handle the Tasks Assigned
[List all tasks to be performed [Among the assignments in which the expert has been
under this assignment] involved, indicate the following information for those
assignments that best illustrate the expert’s capability to
handle the tasks listed in line 11.]
Name of assignment or project:

Year:
Location:
Client:
Main project features:
Positions held:
Activities performed:
13. Certification:
I, the undersigned, certify to the best of my knowledge and belief that
(i) this CV correctly describes my qualifications and my experience;
(ii) I am not employed by the Executing /Implementing Agency;
(iii) In the absence of medical incapacity, I will undertake this assignment for the duration
and in terms of the inputs specified for me in the Personnel Schedule in Form TECH-7
provided team mobilization takes place within the validity of this proposal or any agreed
extension thereof;
(iv) I am committed to undertake the assignment within the validity of Proposal;
(v) I am not part of the team who wrote the terms of reference for this consulting services
assignment;
I understand that any willful misstatement described herein may lead to my disqualification or
dismissal, if engaged.
Date:
[Signature of expert or authorized representative of the firm]4 Day/Month/Year
Full name of authorized representative:
4
This CV can be signed by a senior representative of the Consultant provided that if the Consultant’s proposal is
ranked first, a copy of the CV signed by the expert and/or specialist must be submitted to the Client prior to the
commencement of contract negotiations.

TECH-7: PERSONNEL SCHEDULE1
2 Total person-month in-

Name of Expert Professional Expert input (in the form of a bar chart) put
No.
/Position
1 2 3 4 5 6 7 8 9 10 11 12 N Home Field3 Total
International
[Home]
1
[Field]
n
Subtotal
National
[Home]
1
[Field]
n
Subtotal
Total
1 For international experts the input should be indicated individually; for national experts it should be indicated individually, or, if appropriate, by
category (e.g. economists, financial analysts, etc.).
2 Months are counted from the start of the assignment. For each expert indicate separately the input for home and field work.
3 Field work means work carried out at a place other than the expert’s home office; i.e. normal place of business.
Full time input

Part time input

TECH-8: ACTIVITY WORK SCHEDULE
2
1
Months
No. Activity
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 assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other benchmarks
such as Client approvals. For phased assignments 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 4 – Financial Proposal – Standard Forms 4-1
Section 4. Financial Proposal - Standard Forms
Financial Proposal Standard Forms shall be used for the preparation of the Financial
Proposal according to the instructions provided under para. 3.10 of Section 2. Forms FIN-1,
FIN-2, FIN-3, and FIN-5 are to be used whatever is the selection method indicated in para. 4
of the Letter of Invitation. However, Form FIN-4 shall only be used when the CQS, QBS or
SSS method is adopted as detailed in para. 6.3(i) of Section 2 of the RFP.
FIN-1 Financial Proposal Submission Form
FIN-2 Summary of Costs
FIN-3 Remuneration
FIN-4 Breakdown of Remuneration
FIN-5 Breakdown of Reimbursable Expenses
Appendix: Instructions for preparing Financial Proposal Forms

I. FORM FIN-1 FINANCIAL PROPOSAL SUBMISSION FORM
[Location, Date]
To: [Name and address of Client]
Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in
accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal.
Our attached Financial Proposal is for the sum of [Insert amount(s) in words and figures1].
Our Financial Proposal shall be binding upon us subject to the modifications resulting from
Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before the
date indicated in Clause Reference 1.12 of the Data Sheet.
We confirm that we [have / have not] paid and will not subsequently pay fees, gratuities,
rebates, gifts, commissions or other payments to any individual or entity relating to this
proposal and contract execution, if we are awarded the contract. [If you have, list the
amount(s) paid, the purpose(s) of the payment(s) and the name(s) of the individual(s) or
entity/ies who received the payment(s)]
If negotiations are held during the validity of the proposal, we confirm availability of our team
of proposed personnel. Our proposal is binding upon us and subject to the modifications
resulting from contract negotiations.
We undertake, if our proposal is accepted, to initiate the consulting services for the services
by the date indicated in the data sheet.
We hereby certify that information provided in the Technical and Financial Proposals
(collectively “Proposals”) submitted by us for “Rasuwagadhi Hydroelectric Project (RGHEP)
is true, correct and accurate to the best of our knowledge and belief. We further certify that (i)
the Proposals have been prepared and submitted in compliance with the terms and
conditions of RGHEP requirements , (ii) we have not taken any action which is or constitutes
a corrupt, fraudulent, collusive or coercive practice and is not subject to any conflict of
interest; and (iii) we agree to allow the RGHEP, at its option, to inspect and audit all
accounts, related documents, and records relating to the Proposals and, if we are engaged,
to the ensuing contract.
We certify that neither ourselves nor any Sub-Consultant or Joint Venture Partner, or expert
nominated by us in these Proposals has been sanctioned by the Client.
1
Amounts must coincide with the ones indicated under Total in Form FIN-2.
We further certify that, if we are selected to undertake consulting services in connection with
the Project, we shall carry out such services in continuing compliance with the terms and
conditions of the Guidelines.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]:

Name and Title of Signatory:
For and on behalf of: __________________________________[Name of Firm]
Address:

FIN-2 SUMMARY BY COSTS

Project: Rasuwagadhi Hydroelectric Project (RGHEP)
Competitive Components: US$ Euro
1. Remuneration
National
International
2. Out-of-Pocket Expenses
Foreign
Local
Sub-Total2
Non-Competitive Components: 3
Provisional Sums
Foreign
Local
Contingencies
Sub-Total
Value Added Tax (VAT) 13%

____________________________________________________________
Total Amount of Financial Proposal
2
The costs indicated must coincide with the sum of the relevant sub-totals indicated in Form FIN-3 and Form
FIN-5 provided with the Proposal.
3
The amounts provided for these items must correspond to the exact amount specified in the Data Sheet and
these will be discussed during the contract negotiations
FIN-3: Remuneration
International
Birth Date Employment Home Ofc Rate Field Rate Sub-
4
Expert Citizenship (dd/mm/yy) Status Currency (per mo) Months (per mo) Months Total
National
Birth Date Employment Home Ofc Rate Field Rate Sub-
1
Expert Citizenship (dd/mm/yy) Status Currency (per mo) Months (per mo) Months Total
Local Professional Staff
Local Supporting Staff

_____________________________________________________________________________________________________________________________________________
4
Full-time (FT) – employee of the lead firm or joint venture partner or sub-Consultant; Other Source (OS) – an expert provided by another source that is not a
joint venture partner or a Sub-Consultant firm; Independent Expert (IP) – independent, self-employed expert.

FIN-4 BREAKDOWN OF REMUNERATION

1 2 3 4 5 6 7 8 9 10
Basic Monthly Social Overhead Sub-Total Fee Home Office Others5/ Field Rate Multiplier Support
EXPERT Salary Charges Rate /Month Documents

1/ 2/ 3/ 4/
Position Firm Citizenship Date of Type Category Currency Amount Amount Amount Amount /Month Amount
Full Name Birth % of 1 % of 1 (1+2+3) % of 4 (4+5) % of 1 (6+7) (8/1)
1/
Initials of lead firm or associated firm (pls indicate in the box, the firm represented by initials);
2/
I=International, N=National INITIALS FIRM NAME CERTIFIED AS CORRECT :
3/
FT - Full time with lead firm or associate firm
OS - Other source (other than lead firm or associate firm)
Name :
IP - Independent consultant/free lancer
4/
Currency of the firm's country Position in Firm :
5/
If applicable, pls. provide explanations.
Date :
1
Required to be completed for CQS, QBS and SSS methods.

FIN-5 Breakdown of Reimbursable Expense

Foreign Unit Currency Unit Cost Qty Cost

Per Diem
International Air Travel
Communications
Report Preparation and Production
B. Provisional sums
Technology Transfer/Training and others at cost PS US$ 175,000.
Local Unit Currency Unit Cost Qty Cost

National Air Travel
Office Operations, LC (Office Supplies, Support Staff)

FIN-5: Breakdown of Reimbursable Expenses

Project- Rasuwagadhi Hydroelectric Project (RGHEP)
Local Currency Cost Estimate

Local Currency OUT-OF-POCKET Expenses
Description Unit Currency Quantity Unit Cost Cost

A. Per Diems Subsistence Allowance
Per Diem Allowance
Professional Staff Day
Technical Support Staff Day
B. Administrative Support Staff

Administrative Officer Month
Accounts Officer Month
Office Secretary Cum Computer Operator Month
Assistant Accountant Month
Runner / Peon / Helpers (4 Nos.) Month
C. Travel Expenses
Domestic Air Travel (Round Trip) RT
Miscellaneous travel expenses Month
D. Operation and maintenance of

Vehicles
O & M of Vehicles Month
E. Office Operations
Office operation Month
Guard and Securities Month
Communication (International & Domestic) Month
F. Office Equipment such as
Computers with UPS

Printer
Digital camera
Software with key
Fax machine
Photocopier
Scanner
Office Consumables and other equipment Month
G. Any other Requirements
Total Out-of-Pocket Expenses

Note: Refer TOR for services and facilities to be provided by the Client.

Appendix
II. Instructions for Preparing Financial Proposal Forms
1 Forms FIN-1 to FIN-4 must be completed and submitted to the Client in hard and soft
copies, strictly in accordance with the instructions.
2 It is the Consultant’s responsibility to ensure the correct Financial Proposal format is used for
the selection method indicated in the Data Sheet.
3 Form FIN-1 Financial Proposal Submission Form shall be filled in following the instructions
provided in the Form.
4 Form FIN-2 Summary of Costs. Form FIN-2 provides a summary of the elements of
estimated costs for implementation of the proposed Consultant services.
5 Form FIN-3 Remuneration
(i) The purpose of Form FIN-3 is to identify the monthly billing rates for each international
and national expert to be fielded by the Consultant as part of its proposed team of
experts. Please note that, for purposes of computing remuneration payable to experts,
payments for periods of less than one month shall be calculated on an hourly basis for
actual time spent in the Consultant’s home office and directly attributable to the
Services (one hour being equivalent to 1/240th of a month) and on a calendar-day
basis for time spent away from home office (one day being equivalent to 1/30th of a
month).
(ii) The following details shall be shown for each expert:
a. Expert’s name
b. International or national expert
c. Employment status
Regular full-time (FT) - employee of the Consultant or the Sub-Consultant.
[Refer to provision 3.3 (ii).
Other source (OS) - an expert being provided by another source which is not a
Consultant or a Sub-Consultant.
Independent expert (IP) - independent, self-employed expert.
d. Nominated position; same as that shown on personnel schedule (Form TECH-7,
Section 3).
e. Citizenship – mention date of immigration if the Citizen is an immigrant.
f. Date of birth
g. Currency; currency or currencies in which payments are to be made to the experts
h. Home office rate; remuneration rate when the expert is working in the Consultant’s
home country office.
i. Field rate; remuneration rate when the expert is working outside the expert’s home
country.
j. Months; number of months input to match that shown on the personnel schedule
(Form TECH-7, Section 3).

6 Form FIN-4 Breakdown of Remuneration
When QCBS is used, the remuneration rate only is to be provided for (letters h and j of
point 5 (ii) here above) whereas, when QBS is used, full details showing how the
remuneration rate was determined must be provided. These include basic salary,
social charges, overhead fee and other special loadings to the basic salary that may
be applicable, and these shall be shown in complete detail on Form FIN-4.
The following provides guidance as to the meaning of these terms.
(i) The Basic Monthly Salary is the actual base salary payable on a regular basis by the
Consultant, or its sub-Consultant to its regular full-time employee based on the
employee’s contract of employment with the firm. This is before any supplemental
payments or any deductions are made to or from the salary. During contract
negotiations, the Consultant will be required to provide certified copies of salary slips or
contracts of employment to support salaries the Consultant shows in the Financial
Proposal.
(ii) Social Charges represent costs to the Consultant of specific employee benefits such
as paid vacation, contributions to pension funds, insurance and similar costs directly
attributable to the employee. These costs should be distinguished from the generalized
overhead costs of the firm.
(iii) The Overhead Cost represents the Consultant’s normal overhead expenditure at the
home office that is attributable to its consulting activity. The Consultant and its joint
venture partner or its sub-Consultant should each show one overall average
percentage figure to be applied for all of their own experts who are regular full-time
employees. In the case of independent individual experts contracted from outside the
Consultant’s own regular full time employees, a suitably reduced overhead may be
shown as a percentage of their contracted cost.
(iv) The Fee, or profit to be earned by the Consultant is computed as a percentage of the
summation of the basic monthly salary, the social charges and the overhead cost. A
fee of 10-15 percent, depending on the magnitude of these component costs is
considered usual.
(v) Other Allowances provides for inclusion of any other payment the Consultant is
obligated in accordance with the Consultant’s employment policies, to add to the
expert’s home office basic monthly salary when the expert is working outside its home
country. For such cases during contract negotiations the Consultant must provide a
copy of the expert’s employment conditions showing the Consultant’s obligation to
make this payment. When this allowance is accepted by the Client, it is computed at a
percentage of the expert’s basic salary and is not subject to social charges, overhead
cost or fee additions. The maximum allowance the Client will accept is limited to 20
percent of the expert’s basic salary.
(vi) The Multiplier shows the ratio between the home office rate per month and the basic
monthly salary. The ratio normally ranges from 2.0 to 3.0 for regular full-time
employees of the Consultant or its joint venture partner or sub-Consultant and from 1.1
to 1.3 for independent experts provided by the Consultant. These multipliers are
subject to negotiation but should not exceed 3.0 for regular full-time employees [refer to

provision 3.3 (ii) and 1.3 for independent experts except when the basic salary is
particularly low.
(vii) Support Documentation in the form of salary slips or contract of employment to

support basic salaries shown by the Consultant in the Financial Proposal and a copy of
the Consultant’s (or sub-Consultant latest set of annual statement of income and
expenditure certified by an independent auditor will be required for review by the Client
during contract negotiations.
7 Form FIN-5: Breakdown of Reimbursable Expenses (refer to the attached sample of

Reimbursable Expenses Entry Screen, Attachment 2)
(i) The purpose of Form FIN-5 is to identify all out-of-pocket expenditures in foreign and
local currencies considered by the Consultant necessary to carry out the assignment.
(ii) All required out-of-pocket expenditure is an international or a local expenditure (all per
diems of international experts are considered to be foreign expenditures).
a. Type - whether the expenditure is an international or local expenditure (all per

diems of international experts are considered to be foreign expenditures).
b. Unit - type of unit (monthly, daily lump sum, etc.)
c. Currency - currency of expenditure
d. Per unit cost - unit rate for the item
e. Quantity - quantity of the item
(iii) Per Diems
a. For international experts, the weighted average per diems (i.e., one per diem rate
for all locations) need to be computed (per diems are calculated on the basis of 30
days per calendar month). The per diem comprises room costs and subsistence
allowance for meals and other similar expenses.
b. For national experts, when the experts are required to work away from the
Consultant’s project office, the weighted average per diems (i.e., per diem rate for
all locations) of the national Consultants calculated on the basis of 30 days per
calendar month need to be shown.
(iv) International Travel
International travel costs will show the return airfares needed by international experts to
travel from their home office, or regular place of work, to the field. The number of
round trips, the cost for each trip and destinations should be shown under “air travel”.
A separate item “miscellaneous travel expenses” should be shown to cover a lump sum
allowance for processing necessary travel documents, inoculations, and transport to
and from airports on a round trip basis.
(v) Provisional Sums and Contingencies
The amounts indicated as “provisional sums” (e.g. Training, workshop, seminar

amounts, etc.), which are reimbursable, and the contingency amount must be the same
as those specified in the Data Sheet.

SECTION 5
BACKGROUND INFORMATION
TERMS OF REFERENCE
Consulting Services: Project Management and Construction Supervision of

Hydroelectric Project
RASUWAGADHI HYDROELECTRIC PROJECT

SECTION 5. TERMS OF REFERENCE
Terms of Reference (TOR) for consultants 5-1
Section 5: Terms of Reference (TOR)
For
Consulting Services of Rasuwagadhi Hydroelectric Project
1. BACKGROUND AND OBJECTIVES
a) Rasuwagadhi Hydropower Company Limited (RGHPCL) intends to apply a portion of

its funds to engage International Consulting Firm(s) (the consultants) to undertake the
tasks given under the main objectives of the consulting services.
b) RGHPCL is a Company promoted by Chilime Hydropower Company Limited (CHPCL).

RGHPCL has completed the financial closure including the debt portion required for
the implementation of the Rasuwagadhi Hydroelectric Project (RGHEP) with the
Employees’ Provident Fund (EPF) and equity investment will be made from CHPCL,
NEA and General public. RGHPCL intends to implement the RGHEP under two
Contract Packages: Package I: Civil and Hydro-mechanical works under Engineering,
Procurement and Construction model (EPC Contract), FIDIC 1999, First Edition, and
Package II: Electro-Mechanical Works under Plant and Design Build Model, FIDIC
1999, First Edition. The Project with a capacity of 111 MW, is located in Rasuwa
District of Bagmati Zone which is about 150 km towards north of Kathmandu. The
Headworks site lies in Thuman and Timure VDC while the surge tank, penstock and
powerhouse site lies in Thuman VDC.
c) The objectives of the consulting services shall be to ensure that the Works of the
Project is constructed with a high standard of workmanship and materials on schedule
and within the budget, in accordance with the specifications and desirable quality as
mentioned in the Contracts, to acceptable environmental standards and in accordance
with the Employer's requirements. The Consultant shall carry out the Engineering
Services of the Project throughout the entire contract period under and in close
cooperation with the Client's Project Office. The Consultant shall act as the Employer’s
Representative for EPC Contract and as a role of Engineer for Plant and Design Build

Contract, carrying out such duties and assuming such powers and responsibilities as
are mentioned in those contracts in the agreement for consultancy services. The main
objectives of the Consulting Services (the Services) are as follows:
- Review the Detailed Project Report (DPR) and Bidding Documents including
Employer’s requirements, specification, drawings, etc. for civil, hydro-mechanical and
electro-mechanical works prepared by RGHPCL;
- Assist the Client in evaluation of technical and financial proposals for selection of
Contractors for the execution of RGHEP and also in Contract negotiation;
- Review and recommend to the Client in approving the design submitted by the
Contractors; and
- Supervise the construction works and assure quality on behalf of the Employer/Client
including assistance in Contract Administration.
2. SCOPE OF CONSULTING SERVICES
2.1 Brief Description of Services
The selected Consultant shall provide the consulting services for approximately 57
calendar months for:
- Review DPR, Bidding Documents and Designs ,
- Administer Construction supervision and Contract administration under Contract

packages.
- And to provide necessary recommendation including design of varied works if

required to the Client during the implementation of the project works.
The brief description of Consulting Services is as follows:
2.1.1 Consulting Services related to Contract Package - I (EPC Contract):

a. The Consultant shall review the DPR and Bidding Documents prepared by the
Client and assist in the selection of Contractor.
b. The Consultant shall assist RGHEP in the implementation of the Works by

providing a comprehensive project management service. The Consultant shall
review, check and assess the design/documents submitted by the EPC Contractor,
and recommend for approval accordingly.
c. The Consultant shall perform the assigned task to ensure smooth completion of the
Project in accordance with the Contract agreement between the Employer and
Contractor and in conformity with internationally accepted standards and
procedures as well as the state-of-the-art-technology prevailing in the Hydro Power
Generation Construction industry.
d. The selected Consultant shall provide the Consulting services for review of DPR,
Biding Documents, Design check and review, Construction Supervision and
contract administration and necessary guidance and advice to the Client during the
implementation of the project works. The Consultant shall act on behalf of RGHEP
during the execution of EPC Contract package, carry out such duties and assume
such responsibilities as defined in the Agreement for Consulting Services. The
Consultant shall recommend interim and final payments to be made to the
Contractors.
The EPC Contractor shall carry out the construction of a hydroelectric project of
111 MW installed capacity and to handover the project as per the Employer’s
requirements. The Contractor’s scope of work is briefly outlined but not necessarily
limited to as follows:
i. Engineering & Detail Design of all Works specified hereunder.
ii. Preparation and Submission of Quality Assurance Programme, Project

Schedules and all other project documentations.
iii. Procurement and Supply of all imported Equipment & Materials at Site
required for Permanent Works.

iv. Mobilization of construction equipment, materials and personnel at site
v. Construction of all permanent and temporary works / facilities including offices,

storage warehouse, workshop etc.
vi. Required Survey, Geophysical, Geotechnical Investigations and Hydrological

Investigation etc. for engineering and design of the Works.
This Contract package consists of Civil and Hydro-mechanical Work as mentioned

below:
a) Civil Works
i. Preliminary Works (access road and bridge, camp, power supply, water
supply, telecommunication etc.)
ii. River Diversion Works
iii. Headworks
iv. Intake and Undersluice structure
v. Desanding Basin & flushing structures
vi. Forebay and Pressure Conduit
vii. Construction Adit Tunnel
viii. Headrace Tunnel
ix. Rock Trap
x. Surge Shaft
xi. Valve Chamber, Vertical shaft & lower horizontal penstock tunnel
xii. Powerhouse & Switch yards
xiii. Tailrace Tunnel
xiv. Others as required for the performance of the works.
b) Hydro-mechanical Works
Design, Manufacture, Supply, Erection, Testing and Commissioning of all the

hydro-mechanical equipment involved in the RGHEP including:
• Gates
• Trashracks

• Stoplogs
• Valves
• Penstock
• Gantry Crane
• Others as required for the performance of the works.
2.1.2 Consulting Services related to Contract Package - II (Plant and Design Build
Contract):
a. The Consultant shall review the bidding documents for Contract Package – II:
Electromechanical works prepared by the Client and assist in selection of
Contractor.
b. The Consultant shall act as Engineer to supervise the construction works. The
Consultant shall review, check and assess the design/documents submitted by the
Plant and Design Build Contractor and recommend for approval accordingly.
c. The Consultant shall ensure smooth completion of the Project in accordance with
the Contract agreements between the Employer and Contractor and in conformity
with internationally accepted standards and procedures as well as the state-of-the-
art-technology prevailing in the Hydro Power Generation Construction industry.
d. The Consultant in the role of Engineer shall carry out such duties and assume such
responsibilities as defined in the Agreement for Consulting Services. The
Consultant shall recommend interim and final payments to be made to the
Contractor and issue instructions as needed.
e. This Contract Package - II consists of Electromechanical Works as mentioned

below:
i. Engineering & Detail Design of all Works specified hereunder.
ii. Preparation and Submission of Quality Assurance Programme, Project

Schedules and all other project documentations.

iii. Procurement and Supply of all imported Equipment & Materials at Site as
required for Permanent Works.
iv. Mobilization of construction equipment, materials and personnel at site
v. Required Field Survey and Investigations etc for engineering and design of the
Works.
vi. Design, Manufacture, Supply, Installation, Testing and Commissioning of all the
electromechanical equipment involved as follows:
• Francis Turbines (3 Units each of 38.50 MW)
• Generator (3 Units each of 43.75 MVA)
• Transformer (10 Units each of 14.60 MVA including one spare unit)
• Switchyards (indoor 132 kV GIS in Powerhouse)
• Overhead Crane
• Auxiliary Equipment
• Others as required for the performance of the works
2.2 Location of Services
In order to maintain close liaison between project management, design review and
construction supervision, RGHEP requires that the Consultant's project
management, construction supervision and design staff are all located at the Project
site in Rasuwa district. Some of the consultant’s staff may also be located in
Kathmandu as required.
3. DETAILED DESCRIPTION OF CONSULTING SERVICES
3.1 Review of Bidding documents and assist the Employer in procurement of

Contractors
Consultant’s scope of services in this regard shall be as under:

i. Review and recommend all the bidding documents including Employer’s

requirements, Specifications etc. prepared by the Client for the procurement of
both EPC and Design Build Contractors.
ii. Assist the Client in selection of Contractors.
3.2 Review of Engineering and Detailed Design
Consultant’s scope of services shall be but not limited to as under:
i. Prepare Project Management & Contract Administration procedures for

Communications & Meetings to the satisfaction of the Client.
ii. Review of all design, drawings and technical documents submitted by the
Contractors. The Consultant shall analyse the adequacy of such designs, and
shall advice in writing to RGHEP for approval or any changes which the
consultant feels necessary as per Contract Requirements. Copies of all
reviewed drawings shall be retained by the Client for information and records.
iii. Assist the Employer in writing contractual letters to the Contractor in case the
design does not comply with the Employer’s requirements.
iv. Review design and drawings submitted by the Plant and Design Build
Contractors and recommend the Employer for their approval.
v. Review of quality assurance plan and procedures developed and submitted by

the Contractors;
3.3 Supervision of Construction Activities
The Consultant shall be responsible for monitoring and supervising construction

activities to ensure that the work is carried out in accordance with the Contract, the
quality of workmanship and the materials in all works conform to the Employer’s
requirements and specifications. The Consultant shall ensure that the work is carried
out in a healthy, safe and appropriate manner in accordance to international
standards.

The tasks to be carried out by the Consultant shall include, but not limited to the
following:
i. Programme Schedule
a) The Consultant shall review, assess, analyse and recommend to the Client
about a detailed program of all the activities related to the execution of the
Work submitted by the Contractors from time to time.
b) The Consultant shall monitor the actual progress of work based on the base
line programme submitted by the Contractor(s). The monthly updates of the
Contractor’s program shall be monitored against the approved program and all
variations shall be noted. The future impact of major variations and necessary
corrective measures shall be determined and analyzed, and the Client shall be
provided with necessary recommendation.
c) In the event the Contractor’s programme fails to comply with the Contract
works or the actual progress is inconsistent with the Contractor’s stated
intentions, the Consultant shall inform and advice the Client of the situation in
time and act accordingly with the Contract provisions. The Consultant shall also
review and assess the revised program submitted by the Contractor and take
necessary actions as needed.
d) The Consultant shall carry out budget and cost forecast (BCF) reports at
intervals of not more than 6 months or when major changes occur. The
estimated cash flow to completion of the Contracts shall also be prepared
based on the revised Contract costs.
e) The Consultant shall also prepare a coordinated schedule in consultation with

the Contractors based on the detail schedule submitted by the EPC and Plant
and Design Build Contractors.
ii. General Activities of Supervision Works
To ensure that all the construction Works are carried out in accordance with the
Contracts, the Consultant shall undertake, among other tasks, the following activities:

• Maintain a Master diary, including Contractor’s daily records of labor and

equipment employed, work in progress, weather conditions, instruction issued
etc.
• Assess the Contractor’s equipment and verify that it has adequate capacity to
perform the Works in accordance with the Contract.
• Review monthly & weekly progress reports.
• Check the Contractor’s surveys, control points and setting out as work
proceeds based on the basic reference points provided by the Client and
ensure accuracy of surveys and bench marks connecting various sites.
• Provide appropriate level of inspection / checking and witness testing where

required, of work, materials & equipments including Electro-mechanical
equipment received at site as per contracts. The inspection services shall cover
but not limited to:
- Construction workmanship and acceptability of installation of all permanent

work.
- Materials and plants purchased- sources and quality etc.
- Monitoring of all instrumentation installed.
- All construction activities, including preparatory work, materials production

and final finish.
• Organizing the regular site coordination meetings to review construction

progress and status.
• Prepare and recommend the Client for issuance of instructions and day to day
correspondences to be made to the EPC and Plant and Design Build
Contractors in writing.

• Keep records of any work authorized to be undertaken by the Contractors as

dayworks.
• Check and review the detailed "Operation & Maintenance Manuals and As Built
Drawings" prepared and submitted by the Contractors for use of RGHPCL in
the operation of the works;
• Check and certify the monthly statements of payment submitted by the

Contractors in accordance with the Contract for approval by the Client.
• Check and certify the final statement for payment submitted by the Contractors
in accordance with the Contracts.
• Prepare and issue Taking-over Certificates and Performance Certificates in

accordance with the Contract requirements.
• Ensure that all submittals / deliverables of the Contractors, upon completion of

the Works, in the forms and numbers set out in the Contract, are well received
by the Employer.
• Prepare a "Completion Report" for the works under the Contract, including a
summary of final costs to MBJCL for future reference.
iii. Variations, Claims and Disputes
The Consultant shall assist the Client in the following aspects:
- Maintain records of all field instructions.
- Promptly notify the Client of any unusual events leading to Claims and
Disputes.
- Assist Client to take action to resolve problems or conflicts.
- Assist the Client in preparing the required documents to be submitted to the

Dispute Adjudication Board (DAB) and/or Arbitration.

- Carryout and maintain effective contract management and claim control.
- Notify the Client of any requirement for a variation and estimate the cost of
the Variation Order.
- Prepare the Variation Orders and recommend to the Client for approval.
- Provide available information and support in assisting the Client in the

assessment and resolution of claims of the Contractor and provide
necessary determinations thereof as per the Contract.
- Obtain approval of the Client before certifying any claim amount of the
Contractors.
iv. Monitor Contracts Costs
The Consultant shall monitor contract Costs and shall update the cost of contract
works every 6 months incorporating actual and projected expenses including costs
of Variation Orders, potential costs of claims and provisional sums. The estimated
cash flow for the completion of the project Contracts shall also be projected based
on the revised Contract Costs.
The Consultant shall ensure that the Client is well advised in advance of any
additional funds required for completion of Works.
3.4 Project Management
i. Contract Procedures
The Consultant shall formulate and establish procedures for the proper
management, administration and quality assurance/ control of the contract as
well as the Consultant's own services, and shall effect monitoring and control of
these procedures. The Consultant shall provide Project Procedures Manual
within 90 days from the date of signing of the Consulting Services Contract.
ii. Reports

The Consultant shall prepare the following reports which shall be in a format
agreed with MBJCL and which shall be submitted in number of copies as
mentioned below:
a) 2 copies of Daily and shift reports by inspectors, etc., within four working
days, recording weather conditions, crews and equipment working, areas
being worked on, production, resource allocation, compliance with
approved procedures, any special or unusual occurrence, etc.;
b) 2 copies of Weekly reports by Resident Engineer, within one week of the

end of the report period, recording progress during the month on a quantity
and cost basis with appropriate graphical presentations comparing progress
with program and giving reasons for any discrepancies if any;
c) 6 copies of Monthly report comprising the work progress
d) 12 copies of Project Completion Reports including electronic copies for all

major structures or elements of the contract works, incorporating design
calculations, as-built records and drawings submitted by the Contractors,
within 60 days of issue of any Taking-Over Certificate. Completion Reports
shall also include but not limited to the following:
- details of construction methodology, concrete quality, hydrological,

sedimentation, geological and geotechnical conditions etc,
- details of hydro mechanical works.
- details of electromechanical works etc.
- details of the Cost.
e) 2 copies of Testing and Commissioning Reports.
f) Provide any special reports as requested by the Client.
iii. Monitor Environmental Requirements
The Consultant shall be responsible for monitoring all the activities of the
Project, according to the Environmental Impact Assessment Report, Contract
Documents and the prevailing laws in Nepal.

iv. Project Relations
The Consultant shall promote good project relations and in doing so shall
monitor project labour relations, living conditions, health and safety programs to
identify potential problems and assist the Client to resolve them promptly.
Problems that cannot be resolved promptly by the Consultant shall be reported
forthwith to the Employer for action.
v. Monitor Health and Safety
The Consultant shall monitor, inspect and ensure himself that Contractors
comply with the requirements of the working conditions for labourers as
directed in the construction Contract and specified in the Nepali labour code.
The Consultant shall assist the Client to take initiative to address and correct
any deleterious effects arising from the implementation of the Contract.
vi. Commissioning of the Works
The Consultant shall be responsible for supervision the commissioning of all

Works/structures of the Project. The Consultant shall:
- Liaise with the Client when establishing the overall requirements for project
commissioning, coordinate testing and commissioning programs.
- Establish specific commissioning requirements in relation to the overall

requirements for the project.
- Submit, with prior approval with the Client, the commissioning requirements
to the Contractor to enable him to prepare his detailed commissioning
procedures.
- Liaise with the Client to achieve the desired level of involvement by the
Client's operating staff and other personnel assigned.
- Review commissioning procedures prepared by the Contractor(s) to provide

assurance that design requirements are complied with, that all necessary

observations will be made, that the proposed methods are adequate to

maintain control of the operation and that the Contractor is fully cognizant of
any criteria which may require the commissioning to be discontinued,
- Carry out/ check evaluations of observed data during the course of

commissioning and advise the Contractor accordingly,
- Review and approve commissioning reports to be prepared by the

Contractor as required by the construction Contracts.
vii. Review Operation and Maintenance Manuals
The Consultant shall check and review the detailed Operation and
Maintenance (O & M) manuals for structures and plants submitted by the
Contractors. The Consultant shall ensure that uniform, complete, high quality O
& M manuals are prepared by the Contractors for the whole Project.
The Consultant shall ensure that the O&M manual shall include, among others:
- references to all relevant design and other reports, in order to provide a

complete bibliography on the structures and plant,
- specifications, data and statements on design for operation and

maintenance staff to understand the basis of their functions,
- drawings, diagrams, charts, etc to facilitate understanding of the O&M

requirements,
- complete list of components particularly plant and instrument parts and

spares,
- standard forms for O&M functions and step-by-step instruction.
viii. Technology Transfer
The Consultant shall involve the Client’s Engineers in various activities

including Design works and Construction Supervision.

The Consultant shall provide capacity building to 6 number of Client’s

executives for a period of 2 weeks in its home office. Capacity building shall
focus on training materials acceptable to the Client.
The Consultant shall also conduct capacity building training for two weeks
duration to 8 number of Client’s Engineers. The training material shall be fixed
on mutual discussion.
ix. Other Assistance to the Client
As directed by the Client from time to time, the Consultant shall assist the
Client in carrying out specific tasks directly or indirectly related to the project,
such as, but not limited to, the following:
- Assist in conducting meetings and site visit for dignitaries, representatives

of financial institutions, etc.
- In the event that the Consultant is required to deal with any dispute
pursuant the Contract Clause for both Contracts, the services required and
the remuneration for such services shall be additional to the scope of the
agreement, provided that the dispute does not arise from any failure of the
Consultant to perform properly his duties under this agreement.
4. CONSULTANT'S STAFF
4.1 General
To provide the consulting services for the duration of the Project, the Consultant shall
ensure a team of engineers and other specialists, experienced in the detail designing and
supervision of construction of the Project.
Emphasis is placed on the need for relevant design and construction supervision
engineers to have knowledge and previous experience of similar works to work at the
Project site. In particular, the Engineers concerned with the design review and
construction supervision of the Civil works, Hydro-mechanical and Electromechanical
works shall have previous experience in this type of construction. It is particularly

important that the Team Leader and Resident Engineer shall have substantial previous
experience in dealing with contractual matters and contract claims under Conditions of
Contract for Plant and Design Build ,FIDIC (1999, First Edition ) and EPC/Trunkey
Projects ,FIDIC (1999, First Edition ).
Responsibility for management of all services as per the Contract shall be with the
Consultant's Team Leader. The Team Leader shall provide overall technical direction and
coordination of the Services. The Consultant's Team Leader shall also manage and
coordinate the assignment of pool of experts that may be required from time to time, with
prior approval of the Client,
4.2 Required Person-Months of Consulting Services
The estimated requirement of Consulting Services is shown in the table below:
Input
Names Position/ Remarks
(Months)
(a) International Contract duration 57 months
Staff includes 3 months for review of
DPR and bidding documents, 48
Team leader (TL)/ Chief Resident
57.00 months for construction period, 6
Engineer (CRE)
months spread over during the
defects liability/ warrantee period of
2 years (3+48+6).
Resident Engineer (RE) 36.00
Design Engineer 12.00
Electrical Engineer 12.00
Mechanical Engineer 12.00

Geotechnical Engineer or Engineering
12.00
Geologist
As and when required basis on
Pool of Experts 6.00
Employer’s Approval
Sub-Total of (a) 147.00
(b) National Staff
Contract/Claim Expert 48.00

Design Engineer 48.00
Geotechnical Engineer or Engineering
36.00
Geologist

Input
Names Position/ Remarks
(Months)
Mechanical Engineer 24.00
Electrical Engineers – 2 persons. 48.00 2*24
Quality Control Engineers - 2 persons. 72.00 2*36
Civil Engineers - 3 persons. 126.00 3*42
Environmental Engineer 36.00
As and when required basis on
Pool of Local Technical Staffs 36.00
Employer’s Approval
(c) Local
Administrative
and Account
Department
Support Staff
Administrative Officer (PRO) 57.00

Accounts Officer 57.00
Office Secretary cum Computer Operator 57.00
Assistant Account 57.00
Runner/ Peon/ Helpers – 4 Nos. 228.00
Sub- Total of (b) + (c) 930.00
The Consultant shall state in his proposal the name of each category of staff and
personnel who he considers appropriate to perform the services. The person-month
should be allocated for each year within the limit of total allocation mentioned as above.
Chilime Hydropower Company Limited (CHPCL) has promoted three subsidiary

Companies namely Rasuwagadhi Hydropower Company Limited (RGHPCL), Madhya
Bhotekoshi Jalavidyut Company Limited (MBJCL) and Sanjen Jalavidhyut Company
Limited (SJCL). These companies are developing four hydroelectric projects namely
Rasuwagadhi HEP (111 MW), Middle Bhotekoshi HEP (102 MW) and Sanjen Upper
HEP (14.8 MW) & Sanjen HEP (42.5 MW). The personnel proposed by the Consultant
for this assignment/project shall not be proposed again for other projects
developed by SJCL and MBJCL. If the same personnel is proposed for other
projects as well, evaluation shall be considered only for one proposal submitted at
first.
4.3 Broad Qualification requirements of key Experts:

The qualification requirement of the key Experts and professionals is as follows:
A.
INTERNATIONAL STAFF
1. Team leader (TL)/ Chief Resident Engineer (CRE)
i. Educational Qualification
- Minimum Graduate in Civil Engineering from a recognized
university
- Preferable Masters in Civil/Hydropower Engineering/
Construction Management.
ii. Experience
- Total Experience 15-20 years or above of General Experience
- Experience in Related Field 10-12 years or above of experience in Hydropower
construction projects.
- Experience in the Proposed Field of Experience as a team leader with experience of
Expertise one to two or more Hydropower project of installed
Capacity of 100 MW or above.
iii. Language Communicate fluently in English Language.
iv Age Limit Not more than 60 years at the date of submission
of proposal.
2. Resident Engineer (RE)
- Minimum Graduate in Civil Engineering
- Preferable Masters in any discipline of Civil Engineering.
ii. Experience
- Experience in Related Field 12-15 years or above experience in Hydropower

project including Construction management and
supervision
- Experience in the Proposed Field of Experience as a RE with one to two or more
Expertise Hydropower projects of installed Capacity of 100
MW or above.
iv Age Limit Not more than 60 years at the time of submission of
proposal

3. Design Engineer
- Preferable Masters in Structural/Hydropower Engineering.
ii. Experience
- Experience in Related Field 12-15 years or above experience in design of

Hydropower structures.
- Experience in the Proposed Field of 10-12 years or above of Experience as a Design
Expertise Engineer with at least one Hydropower project of
installed Capacity of 100 MW or above.
4. Electrical Engineer
- Minimum Graduate in Electrical Engineering
- Preferable Masters in Electrical Engineering
ii. Experience
- Experience in Related Field 12-15 years or above experience in power projects
- Experience in the Proposed Field of 10-12 years or above of Experience as Electrical

Expertise Engineer with at least in one power project
concerning design approval, workshop inspection,
installation, erection and commissioning of
electrical and auxiliary equipments of installed
capacity of 100 MW or above.
5. Mechanical Engineer
- Minimum Graduate in Mechanical Engineering
- Preferable Masters in Mechanical Engineering
ii. Experience

projects.

- Experience in the Proposed Field of 10-12 years or above of experience as Mechanical

Expertise Engineer with at least in one hydropower project
concerning design approval, workshop inspection,
installation, erection and commissioning of hydro-
mechanical and auxiliary equipments of installed
capacity of 100 MW or above.
6. Geotechnical Engineer or Engineering Geologist
- Preferable Masters in Geotechnical Engineering/ Engineering

Geology.
ii. Experience

project including underground works (Cavern,
Shaft, Tunnel, Foundations etc).
- Experience in the Proposed Field of 10-12 years or above of experience as
Expertise Geotechnical Engineer with at least in one
hydropower project concerning design and
construction supervision of underground
works(Cavern, Shaft, Tunnel, Foundations etc).
B. NATIONAL STAFF
1. Contract/ Claim Expert

- Minimum Graduate in Engineering
- Desirable Masters in Engineering/ Contract Law
ii. Experience
- General Experience 10-12 years or above
- Experience in Related Field 7-10 years or above experience in Construction

projects.
- Experience in the Proposed Field of 5-7 years or above experience as a
Expertise Contract/Claim Expert.
2. Design Engineer
- Minimum Graduate in Civil engineering

- Desirable Masters in Structural/Hydropower Engineering
ii. Experience
- Total Experience 10-12 years or above
- Experience in Related Field 7- 10 years or above in Hydropower projects
- Experience in the Proposed Field of 5-7 years or above experience as a design

Expertise Engineer in at least one Hydropower Project of
Capacity 10 MW or above.
3. Geotechnical Engineer/ Engineering Geologist

- Minimum Graduate in Civil Engineering/ Geology
- Desirable Masters in Geotechnical Engineering/

Engineering Geology
ii. Experience
- Experience in Related Field 7- 10 years or above in Hydropower projects.
- Experience in the Proposed Field of 5-7 years or above experience as a

Expertise Geotechnical Engineer/ Geologist in at least
one Hydropower Project of Capacity 10 MW or
above.
4. Mechanical Engineer
- Minimum Graduate in Mechanical Engineering
- Desirable Masters in Mechanical Engineering
ii. Experience
- Experience in Related Field 7- 10 years or above in Hydropower projects
- Experience in the Proposed Field of 5-7 years or above experience as a Mechanical

Expertise Engineer in at least one Hydropower Project of
5. Electrical Engineer
- Minimum Graduate in Electrical Engineering

ii. Experience Masters in Electrical Engineering

- Experience in Related Field 7- 10 years or above in power projects
- Experience in the Proposed Field of 5-7 years or above experience as an

Expertise Electrical Engineer in at least one
Hydropower Project of Capacity 10 MW or
above.
6. Quality Control Engineer

- Desirable Masters in any branch Civil Engineering
ii. Experience
- Experience in Related Field 7- 10 years or above in hydropower

projects
- Experience in the Proposed Field of 5-7 years or above experience as Quality
Expertise Control Engineer or Material Engineer in at
least one Hydropower Project of installed
7. Civil Engineer
- Desirable Masters in any branch of Civil Engineering
ii. Experience

projects
- Experience in the Proposed Field of 5-7 years or above experience as Civil
Expertise Engineer in at least one Hydropower
Project of installed Capacity 10 MW or
above.
8. Environmental Engineer
- Minimum Graduate in Civil/Environmental
Engineering.

- Desirable Masters in Environmental Engineering
ii. Experience

projects
- Experience in the Proposed Field of 5-7 years or above experience as an
Expertise Environmental Engineer in at least one
Hydropower Project.
5. COUNTERPART STAFF
RGHPCL, in consultation with the Consultant, shall provide its own professional staff to
work closely with the Consultant as counterpart staffs. The Consultant shall work in close
coordination with them in executing their responsibilities. The costs of counterpart staff will
be borne by the Client.
6. CONSULTANT'S FACILITIES
The Consultant will be provided the following facilities by the Client:

- Office space at Kathmandu and site including furniture.
- Accommodation at project site including basic furniture and domestic appliances
- 5 new vehicles and 2 motorbikes.
- Photographic and Video Equipment.
- Telecommunication land lines.
- Electric power supply.
- Safety Equipment.
- Survey Equipment.

Section 6 – Standard Forms of Contract 6.1-1
STANDARD FORM OF CONTRACT
Consultants’
Services
Time-Based

Table of Contents
I. Form of Contract ............................................................................................................... 4

II. General Conditions of Contract ....................................................................................... 6
III. Special Conditions of Contract ..................................................................................... 25
IV. Appendices ...................................................................................................................... 33

Contract for Consultant Services

For
[ Name of the Assignment]
Between
[name of the Client]
And
[Name of the Consultants]
Dated:

I. Form of Contract 6.1-4
I. Form of Contract
This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the month of
[month], [year], between, on the one hand, [name of client] (hereinafter called the “Client”) and,
on the other hand, [name of consultants] (hereinafter called the “Consultants”).
[Note: If the Consultants consist of more than one entity, the above should be partially
amended to read as follows: “…(hereinafter called the “Client”) and, on the other hand, a joint
venture consisting of the following entities, each of which will be jointly and severally liable to
the Client for all the Consultants’ obligations under this Contract, namely, [name of consultants]
and [name of consultants] (hereinafter called the “Consultants”).]
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting services as
defined in the General Conditions of Contract attached to this Contract (hereinafter
called the “Services”);
(b) the Consultants, having represented to the Client that they have the required
professional skills, and personnel and technical resources, have agreed to provide
the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this
Contract:
(a) The General Conditions of Contract;

(b) The Special Conditions of Contract;
(c) The following Appendices:
Appendix A: Description of the Services

Appendix B: Reporting Requirement
Appendix C: Key Personnel and Subconsultants
Appendix D: Medical Certificate
Appendix E: Hours of Work for Key Personnel
Appendix F: Duties of the Client
Appendix G: Cost Estimates in Foreign Currency
Appendix H: Cost Estimates in Local Currency
Appendix I: Form of Guarantee for Advance Payments
Appendix J: Minutes of Negotiations Meetings
2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in
the Contract, in particular:
(a) the Consultants shall carry out the Services in accordance with the provisions of
the Contract; and
(b) the Client shall make payments to the Consultants in accordance with the
provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
For and on behalf of [name of client]
[Authorized Representative]

I. Form of Contract 6.1-5
For and on behalf of [name of consultants]
[Note: If the Consultants consist of more than one entity, all these entities should appear as
signatories, e.g., in the following manner:]
For and on behalf of each of the Members of the Consultants
[name of member]
[name of member]

II. General Conditions of Contract 6.1-6
II. General Conditions of Contract

1. General Provisions
1.1 Definitions Unless the context otherwise requires, the following terms whenever
used in this Contract have the following meanings:
a. “Applicable Law” means the laws and any other instruments
having the force of law in Nepal, as they may be issued and
in force from time to time;
b. “Client” means the agency with which the selected Consultant
signs the Contract for the Services.
c. “Contract” means the Contract signed by the Parties, to which
these General Conditions of Contract (GCC) are attached,
together with all the documents listed in Clause 1 of such
signed Contract;
d. “Day” means calendar day.
e. “Effective Date” means the date on which this Contract
comes into force and effect pursuant to Clause GCC 2.1;
f. “Foreign Currency” means any currency other than the
currency of the Government;
g. “GCC” means these General Conditions of Contract;
h. “GoN” means Government of Nepal.
i. “Local Currency” means the currency of the Government;
j. “Member,” in case the Consultants consist of a joint venture
of more than one entity, means any of these entities; and
“Members” means all these entities;
k. “Party” means the Client or the Consultants, as the case may
be, and “Parties” means both of them;
l. “Personnel” means persons hired by the Consultants or by
any Subconsultant as employees and assigned to the
performance of the Services or any part thereof; “Foreign
Personnel” means such persons who at the time of being so
hired had their domicile outside Nepal; “Local Personnel”
means such persons who at the time of being so hired had
their domicile inside Nepal; and “Key Personnel” means the
Personnel referred to in Clause GCC 4.2(a);
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
Consultants pursuant to this Contract, as described in
Appendix A hereto;
o. “Subconsultant” means any person or entity to whom/which
the Consultants subcontract any part of the Services in
accordance with the provisions of Clause GCC 3.7;
p. “Third Party” means any person or entity other than the
Client, the Consultants or a Subconsultant.
1.2 Relation Nothing contained herein shall be construed as establishing a

between the relation of master and servant or of principal and agent as between
Parties the Client and the Consultants. The Consultants, subject to this
Contract, have complete charge of Personnel and Subconsultants, if
any, performing the Services and shall be fully responsible for the
Services performed by them or on their behalf hereunder.

1.3 Law Governing This Contract, its meaning and interpretation, and the relation
Contract between the Parties shall be governed by the Applicable Law of
Nepal.
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.
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 in person to an authorized
representative of the Party to whom the communication is
addressed, or when sent by registered mail, telex, telegram or
facsimile to such Party at the address specified in the SCC.
1.6.2 Notice will be deemed to be effective as specified in the SCC.
1.6.3 A Party may change its address for notice hereunder by giving
the other Party notice of such change pursuant to the
provisions listed in the SCC with respect to Clause GCC 1.6.2.
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 Nepal or elsewhere, as
the Client may approve.
1.8 Authority of In case the Consultants consist of a joint venture of more than one
Member in entity, the Members hereby authorize the entity specified in the SCC
Charge to act on their behalf in exercising all the Consultants’ rights and
obligations towards the Client under this Contract, including without
limitation the receiving of instructions and payments from the Client.
1.9 Authorized Any action required or permitted to be taken, and any document
Representatives required or permitted to be executed, under this Contract by the
Client or the Consultants may be taken or executed by the officials
specified in the SCC.
1.10 Taxes and Unless otherwise specified in the SCC, the Consultants,
Duties Subconsultants and Personnel shall pay such taxes, duties, fees and
other impositions as may be levied under the Applicable Law.
2. Commencement, Completion, Modification and Termination of Contract
2.1 Effectiveness This Contract shall come into force and effect on the date (the
of Contract “Effective Date”) of the Client’s notice to the Consultants instructing
the Consultants to begin carrying out the Services. This notice shall
confirm that the effectiveness conditions, if any, listed in the SCC
have been met.
2.2 Termination of If this Contract has not become effective within such time period after
Contract for the date of the Contract signed by the Parties as shall be specified in
Failure to the SCC, either Party may, by not less than four 30 days written
Become Effective notice to the other Party, declare this Contract to be null and void,
and in the event of such a declaration by either Party, neither Party
shall have any claim against the other Party with respect hereto.
2.3 Commencement The Consultants shall begin carrying out the Services at the end of

of Services such time period after the Effective Date as shall be specified in the
SCC.
2.4 Expiration of Unless terminated earlier pursuant to Clause GCC 2.9 hereof, this
Contract Contract shall terminate at the end of such time period after the
Effective Date as shall be specified in the SCC.
2.5 Entire This Contract contains all covenants, stipulations and provisions
Agreement agreed by the Parties. No agent or representative of either Party has
authority to make, and the Parties shall not be bound by or be liable
for, any statement, representation, promise or agreement not set
forth herein.
2.6 Modification Modification of the terms and conditions of this Contract, including
any modification of the scope of the Services, may only be made by
written agreement between the Parties. Pursuant to Clause GCC
7.2 hereof, however, each Party shall give due consideration to any
proposals for modification made by the other Party.
2.7 Force Majeure
2.7.1 Definition a. For the purposes of this Contract, “Force Majeure” means an
event which is beyond the reasonable control of a Party, and
which makes a Party’s performance of its obligations
hereunder impossible or so impractical as reasonably to be
considered impossible in the circumstances, and includes,
but is not limited to, war, riots, civil disorder, earthquake, fire,
explosion, storm, flood or other adverse weather conditions,
strikes, lockouts or other industrial action (except where such
strikes, lockouts or other industrial action are within the power
of the Party invoking Force Majeure to prevent), confiscation
or any other action by government agencies.
b. Force Majeure shall not include (i) any event which is caused
by the negligence or intentional action of a Party or such
Party’s Subconsultants or agents or employees, nor (ii) any
event which a diligent Party could reasonably have been
expected to both (A) take into account at the time of the
conclusion of this Contract and (B) avoid or overcome in the
carrying out of its obligations hereunder.
c. Force Majeure shall not include insufficiency of funds or

failure to make any payment required hereunder.
2.7.2 No Breach of The failure of a Party to fulfill any of its obligations hereunder shall
Contract not be considered to be a breach of, or default under, this Contract
insofar as such inability arises from an event of Force Majeure,
provided that the Party affected by such an event has taken all
reasonable precautions, due care and reasonable alternative
measures, all with the objective of carrying out the terms and
conditions of this Contract.
2.7.3 Measures to a. A Party affected by an event of Force Majeure shall take all
be Taken reasonable measures to remove such Party’s inability to fulfill
its obligations hereunder with a minimum of delay.
b. A Party affected by an event of Force Majeure shall notify the

other Party of such event as soon as possible, and in any
event not later than fifteen (15) days following the occurrence

of such event, providing evidence of the nature and cause of

such event, and shall similarly give notice of the restoration of
normal conditions as soon as possible.
c. The Parties shall take all reasonable measures to minimize

the consequences of any event of Force Majeure.
2.7.4 Extension of Any period within which a Party shall, pursuant to this Contract,
Time (EoT) complete any action or task, shall be extended for a period equal to
the time during which such Party was unable to perform such action
as a result of Force Majeure or Client’s failure to provide facilities in
time as per the contract
The Consultant shall submit an application to the Client for extension
of time, stating the causes for delay with supporting evdence within7
days before the expiry of the Contract completion date.The approval
of EoT shall be subject to verification by the Client whether,:
a. the consultant had made the best possible efforts to
complete the work in due time ,
b. the facilities to be provided by the Client as per the contract
to the Consultant was made in time or not,
c. the delay was as a result of Force Majeure or not.
2.7.5 Payments During the period of their inability to perform the Services as a result
of an event of Force Majeure, the Consultants shall be entitled to
continue to be paid under the terms of this Contract as well as to be
reimbursed for additional costs reasonably and necessarily incurred
by them during such period for the purposes of the Services and in
reactivating the Services after the end of such period.
2.7.6 Consultation Not later than thirty (30) days after the Consultants, as the result of
an event of Force Majeure, have become unable to perform a
material portion of the Services, the Parties shall consult with each
other with a view to agreeing on appropriate measures to be taken in
the circumstances.
2.8 Suspension The Client may, by written notice of suspension to the Consultants,
suspend all payments to the Consultants hereunder if the
Consultants fail to perform any of their obligations under this
Contract, including the carrying out of the Services, provided that
such notice of suspension (i) shall specify the nature of the failure,
and (ii) shall request the Consultants to remedy such failure within a
period not exceeding thirty (30) days after receipt by the Consultants
of such notice of suspension.
2.9 Termination
2.9.1 By the Client The Client may, by not less than thirty (30) days’ written notice of
termination to the Consultants (except in the event listed in
paragraph (f) below, for which there shall be a written notice of not
less than sixty (60) days), such notice to be given after the
occurrence of any of the events specified in paragraphs (a) through
(g) of this Clause GCC 2.9.1, terminate this Contract:
a. if the Consultants fail to remedy a failure in the performance
of their obligations hereunder, as specified in a notice of
suspension pursuant to Clause 2.8 hereinabove, within thirty
(30) days of receipt of such notice of suspension or within
such further period as the Client may have subsequently
approved in writing;
b. if the Consultants become (or, if the Consultants consist of
more than one entity, if any of their Members becomes)

insolvent or bankrupt or enter into any agreements with their

creditors for relief of debt or take advantage of any law for the
benefit of debtors or go into liquidation or receivership
whether compulsory or voluntary;
c. if the Consultants fail to comply with any final decision
reached as a result of arbitration proceedings pursuant to
Clause GCC 8 hereof;
d. if the Consultants submit to the Client a statement which has
a material effect on the rights, obligations or interests of the
Client and which the Consultants know to be false;
e. if, as the result of Force Majeure, the Consultants are unable
to perform a material portion of the Services for a period of
not less than sixty (60) days; or
f. if the Client, in its sole discretion and for any reason
whatsoever, decides to terminate this Contract.
g. if the Consultant, in the judgment of the Client, has engaged
in corrupt or fraudulent practices in competing for or in
executing the Contract. For the purpose of this clause:
“corrupt practice” means the offering, giving, receiving or

soliciting of anything of value to influence the action of a public
official in the selection process or in contract execution.
“fraudulent practice” means a misrepresentation of facts in

order to influence a selection process or the execution of a
contract to the detriment of the Client, and includes collusive
practice among consultants (prior to or after submission of
proposals) designed to establish prices at artificial non-
competitive levels and to deprive the Client of the benefits of
free and open competition.
2.9.2 By the The Consultants may, by not less than thirty (30) days’ written notice
Consultants to the Client, such notice to be given after the occurrence of any of
the events specified in paragraphs (a) through (d) of this Clause
GCC 2.9.2, terminate this Contract:
a. if the Client fails to pay any money due to the Consultants
pursuant to this Contract and not subject to dispute pursuant
to Clause GCC 8 hereof within forty-five (45) days after
receiving written notice from the Consultants that such
payment is overdue;
b. if the Client is in material breach of its obligations pursuant to
this Contract and has not remedied the same within forty-five
(45) days (or such longer period as the Consultants may have
subsequently approved in writing) following the receipt by the
Client of the Consultants’ notice specifying such breach;
c. if, as the result of Force Majeure, the Consultants are unable
to perform a material portion of the Services for a period of
not less than sixty (60) days; or
d. if the Client fails to comply with any final decision reached as
a result of arbitration pursuant to Clause GCC 8 hereof.
2.9.3 Cessation of Upon termination of this Contract pursuant to Clauses GCC 2.2 or
Rights and GCC 2.9 hereof, or upon expiration of this Contract pursuant to
Obligations Clause GCC 2.4 hereof, all rights and obligations of the Parties
hereunder shall cease, except (i) such rights and obligations as may
have accrued on the date of termination or expiration, (ii) the
obligation of confidentiality set forth in Clause GCC 3.3 hereof, (iii)

the Consultants’ obligation to permit inspection, copying and auditing

of their accounts and records set forth in Clause GCC 3.6(ii) hereof,
and (iv) any right which a Party may have under the Applicable Law.
2.9.4 Cessation of Upon termination of this Contract by notice of either Party to the
Services other pursuant to Clauses GCC 2.9.1 or GCC 2.9.2 hereof, the
Consultants shall, immediately upon dispatch or receipt of such
notice, take all necessary steps to bring the Services to a close in a
prompt and orderly manner and shall make every reasonable effort
to keep expenditures for this purpose to a minimum. With respect to
documents prepared by the Consultants and equipment and
materials furnished by the Client, the Consultants shall proceed as
provided, respectively, by Clauses GCC 3.9 or GCC 3.10 hereof.
2.9.5 Payment Upon termination of this Contract pursuant to Clauses GCC 2.9.1 or
upon GCC 2.9.2 hereof, the Client shall make the following payments to
Termination the Consultants:
a. remuneration pursuant to Clause GCC 6 hereof for Services
satisfactorily performed prior to the effective date of
termination;
b. reimbursable expenditures pursuant to Clause GCC 6 hereof
for expenditures actually incurred prior to the effective date of
termination; and
c. except in the case of termination pursuant to paragraphs (a)
through (d) of Clause GCC 2.9.1 hereof, reimbursement of
any reasonable cost incident to the prompt and orderly
termination of the Contract including the cost of the return
travel of the Personnel and their eligible dependents.
2.9.6 Disputes If either Party disputes whether an event specified in paragraphs (a)
about Events through (e) of Clause GCC 2.9.1 or in Clause GCC 2.9.2 hereof has
of occurred, such Party may, within thirty (30) days after receipt of
Termination notice of termination from the other Party, shall settle the dispute
pursuant to Clause GCC 8 hereof, and this Contract shall not be
terminated on account of such event except in accordance with the
terms of any resulting arbitral award.
3. Obligations of the Consultants
3.1 General
3.1.1 Standard of The Consultants shall perform the Services and carry out their
Performance obligations hereunder with all due diligence, efficiency and economy,
in accordance with generally accepted professional techniques and
practices, and shall observe sound management practices, and
employ appropriate advanced technology and safe and effective
equipment, machinery, materials and methods. The Consultants
shall always act, in respect of any matter relating to this Contract or
to the Services, as faithful advisers to the Client, and shall at all
times support and safeguard the Client’s legitimate interests in any
dealings with Subconsultants or Third Parties.
3.1.2 Law The Consultants shall perform the Services in accordance with the
Governing Applicable Law and shall take all practicable steps to ensure that any
Services Subconsultants, as well as the Personnel of the Consultants and any
Subconsultants, comply with the Applicable Law. The Client shall
notify the Consultants in writing of relevant local customs, and the
Consultants shall, after such notification, respect such customs.

3.1.3 Application of If the Consultants, as part of the Services, have the responsibility of
Procurement advising the Client on the procurement of goods, works or services,
Law the Consultants shall comply with any applicable procurement
guidelines as per the prevailing Public Procurement Act and
Regulations of the GoN and shall at all times exercise such
responsibility in the best interest of the Client. Any discounts or
commissions obtained by the Consultants in the exercise of such
procurement responsibility shall be for the account of the Client.
3.2 Conflict of
Interests
3.2.1 Consultants The remuneration of the Consultants pursuant to Clause GCC 6

Not to Benefit hereof shall constitute the Consultants’ sole remuneration in
from connection with this Contract or the Services and, subject to Clause
Commissions, GCC 3.1.3 hereof, the Consultants shall not accept for their own
Discounts, etc. benefit any trade commission, discount or similar payment in
connection with activities pursuant to this Contract or to the Services
or in the discharge of their obligations hereunder, and the
Consultants shall use their best efforts to ensure that any
Subconsultants, as well as the Personnel and agents of either of
them, similarly shall not receive any such additional remuneration.
3.2.2 Consultants The Consultants agree that, during the term of this Contract and after
and Affiliates its termination, the Consultants and any entity affiliated with the
Not to Engage Consultants, as well as any Subconsultant and any entity affiliated
in Certain with such Subconsultant, shall be disqualified from providing goods,
Activities works or services (other than the Services and any continuation
thereof) for any project resulting from or closely related to the
Services.
3.2.3 Prohibition of The Consultants shall not engage, and shall cause their Personnel
Conflicting as well as their Subconsultants and their Personnel not to engage,
Activities either directly or indirectly, in any of the following activities:
a. during the term of this Contract, any business or professional
activities in Nepal which would conflict with the activities
assigned to them under this Contract; and
b. after the termination of this Contract, such other activities as
may be specified in the SCC.
3.3 Confidentiality The Consultants, their Subconsultants, and the Personnel of either of
them shall not, either during the term of within two (2) years after the
expiration of this Contract, disclose any proprietary of confidential
information relating to the Project, the Services, this Contract, or the
Client’s business or operations without the prior written consent of
the Client.

3.4 Liability of the Subject to additional provisions, if any, set forth in the SCC, the
Consultants Consultants’ liability under this Contract shall be as provided by the
Applicable Law.
3.5 Insurance to be The Consultants (i) shall take out and maintain, and shall cause any
Taken Out by the Subconsultants to take out and maintain, at their (or the
Consultants Subconsultants’, as the case may be) own cost but on terms and
conditions approved by the Client, insurance against the risks, and
for the coverages, as shall be specified in the SCC, and (ii) at the
Client’s request, shall provide evidence to the Client showing that
such insurance has been taken out and maintained and that the
current premiums therefore have been paid.
3.6 Accounting, The Consultants (i) shall keep accurate and systematic accounts and
Inspection and records in respect of the Services hereunder, in accordance with
Auditing internationally accepted accounting principles and in such form and
detail as will clearly identify all relevant time changes and costs, and
the bases thereof (including such bases as may be specifically
referred to in the SCC), and (ii) shall permit the Client or its
designated representative periodically, and up to one year from the
expiration or termination of this Contract, to inspect the same and
make copies thereof as well as to have them audited by auditors
appointed by the Client and, where applicable.
3.7 Consultants’ The Consultants shall obtain the Client’s prior approval in writing
Actions Requiring before taking any of the following actions:
Client’s Prior
a. appointing such members of the Personnel as are listed in
Approval
Appendix C merely by title but not by name;
b. entering into a subcontract for the performance of any part of
the Services, it being understood (i) that the selection of the
Subconsultant and the terms and conditions of the
subcontract shall have been approved in writing by the Client
prior to the execution of the subcontract, and (ii) that the
Consultants shall remain fully liable for the performance of
the Services by the Subconsultant and its Personnel pursuant
to this Contract;
c. any other action that may be specified in the SCC.
3.8 Reporting The Consultants shall submit to the Client the reports and
Obligations documents specified in Appendix B hereto, in the form, in the
numbers and within the time periods set forth in the said Appendix.
3.9 Documents All plans, drawings, specifications, designs, reports, other documents
Prepared by the and software prepared by the Consultants for the Client under this
Consultants to be Contract shall become and remain the property of the Client, and the
the Property of the Consultants shall, not later than upon termination or expiration of this
Client Contract, deliver all such documents to the Client, together with a
detailed inventory thereof. The Consultants may retain a copy of
such documents and software. Restrictions about the future use of
these documents and software, if any, shall be specified in the SCC.

3.10 Equipment and Equipment and materials made available to the Consultants by the
Materials Client, or purchased by the Consultants with funds provided by the
Furnished by the Client, shall be the property of the Client and shall be marked
Client accordingly. Upon termination or expiration of this Contract, the
Consultants shall make available to the Client an inventory of such
equipment and materials and shall dispose of such equipment and
materials in accordance with the Client’s instructions. While in
possession of such equipment and materials, the Consultants,
unless otherwise instructed by the Client in writing, shall insure them
at the expense of the Client in an amount equal to their full
replacement value.
4. Consultants’
Personnel and
Subconsultants
4.1 General The Consultants shall employ and provide such qualified and
experienced Personnel and Subconsultants as are required to carry
out the Services.
4.2 Description of a. The title, agreed job description, minimum qualification and
Personnel estimated period of engagement in the carrying out of the
Services of each of the Consultants’ Key Personnel are
described in Appendix C. If any of the Key Personnel has
already been approved by the Client, 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 Consultants by written notice to the Client,
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 Client’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 Client and
the Consultants, provided that any such increase shall not,
except as otherwise agreed in writing, cause payments under
this Contract to exceed the ceilings set forth in Clause GCC
6.1(b) of this Contract.
4.3 Approval of The Key Personnel and Subconsultants listed by title as well as by
Personnel name in Appendix C are hereby approved by the Client. In respect
of other Key Personnel which the Consultants propose to use in the
carrying out of the Services, the Consultants shall submit to the
Client for review and approval a copy of their biographical data and
(in the case of Key Personnel to be used within the country of the
Government) a copy of a satisfactory medical certificate in the form
attached hereto as Appendix D. If the Client does not object in
writing (stating the reasons for the objection) within twenty-one (21)
calendar days from the date of receipt of such biographical data and
(if applicable) such certificate, such Key Personnel shall be deemed

to have been approved by the Client.
4.4 Working Hours, a. Working hours and holidays for Key Personnel are set forth in
Overtime, Leave, Appendix E hereto. To account for travel time, foreign
etc. Personnel carrying out Services inside Nepal 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) Nepal as is specified in Appendix E
hereto.
b. The Key Personnel shall not be entitled to be paid for

overtime nor to take paid sick leave or vacation leave except
as specified in Appendix E hereto, and except as specified in
such Appendix, the Consultants’ 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 Consultants who shall
ensure that absence for leave purposes will not delay the
progress and adequate supervision of the Services.
4.5 Removal and/or a. Except as the Client may otherwise agree, no changes shall
Replacement of be made in the Key Personnel. If, for any reason beyond the
Personnel reasonable control of the Consultants, it becomes necessary
to replace any of the Personnel, the Consultants shall
forthwith provide as a replacement a person of equivalent or
better qualifications.
b. If the Client (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 Consultants shall, at the Client’s written request
specifying the grounds therefore, forthwith provide as a
replacement a person with qualifications and experience
acceptable to the Client.
c. Any of the Personnel provided as a replacement under

Clauses (a) and (b) above, the rate of remuneration
applicable to such person as well as any reimbursable
expenditures (including expenditures due to the number of
eligible dependents) the Consultants may wish to claim as a
result of such replacement, shall be subject to the prior
written approval by the Client. Except as the Client may
otherwise agree, (i) the Consultants 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 If required by the SCC, the Consultants shall ensure that at
Manager all times during the Consultants’ performance of the Services
in Nepal a resident project manager, acceptable to the Client,
shall take charge of the performance of such Services.

5. Obligations of the
Client
5.1 Assistance and Unless otherwise specified in the SCC, the Client shall use its best
Exemptions efforts to ensure that the Client shall:
a. provide the Consultants, Subconsultants and Personnel with
work permits and such other documents as shall be necessary
to enable the Consultants, Subconsultants or Personnel to
perform the Services;
b. arrange for the Personnel and, if appropriate, their eligible
dependents to be provided promptly with all necessary entry
and exit visas, residence permits, exchange permits and any
other documents required for their stay in Nepal;
c. facilitate prompt clearance through customs of any property
required for the Services and of the personal effects of the
Personnel and their eligible dependents;
d. issue to officials, agents and representatives of the
Government all such instructions as may be necessary or
appropriate for the prompt and effective implementation of the
Services;
e. exempt the Consultants and the Personnel and any
Subconsultants employed by the Consultants for the Services
from any requirement to register or obtain any permit to
practice their profession or to establish themselves either
individually or as a corporate entity according to the Applicable
Law;
f. grant to the Consultants, any Subconsultant and the
Personnel of either of them the privilege, pursuant to the
Applicable Law, of bringing into Nepal reasonable amounts of
foreign currency for the purposes of the Services or for the
personal use of the Personnel and their dependents and of
withdrawing any such amounts as may be earned therein by
the Personnel in the execution of the Services; and
g. provide to the Consultants, Subconsultants and Personnel any
such other assistance as may be specified in the SCC.
5.2 Access to Land The Client warrants that the Consultants shall have, free of charge,
unimpeded access to all land in Nepal in respect of which access is
required for the performance of the Services. The Client will be
responsible for any damage to such land or any property thereon
resulting from such access and will indemnify the Consultants and
each of the Personnel in respect of liability for any such damage,
unless such damage is caused by the default or negligence of the
Consultants or any Subconsultant or the Personnel of either of them.
5.3 Change in the If, after the date of this Contract, there is any change in the Applicable
Applicable Law Law with respect to taxes and duties which increases or decreases
the cost incurred by the Consultants in performing the Services, then
the remuneration and reimbursable expenses otherwise payable to
the Consultants under this Contract shall be increased or decreased
accordingly by agreement between the Parties hereto, and
corresponding adjustments shall be made to the ceiling amounts
specified in Clause GCC 6.1(b)

5.4 Services, Facilities The Client shall make available to the Consultants and the Personnel,
and Property of the for the purposes of the Services and free of any charge, the services,
Client facilities and property described in Appendix F at the times and in the
manner specified in said Appendix F, provided that if such services,
facilities and property shall not be made available to the Consultants
as and when so specified, the Parties shall agree on (i) any time
extension that it may be appropriate to grant to the Consultants for
the performance of the Services, (ii) the manner in which the
Consultants shall procure any such services, facilities and property
from other sources, and (iii) the additional payments, if any, to be
made to the Consultants as a result thereof pursuant to Clause GCC
6.1(c) hereinafter.
5.5 Payment In consideration of the Services performed by the Consultants under

this Contract, the Client shall make to the Consultants such payments
and in such manner as is provided by Clause GCC 6 of this Contract.
5.6 Counterpart a. If so provided in Appendix F hereto, the Client shall make

Personnel available to the Consultants, as and when provided in such
Appendix F, and free of charge, such counterpart personnel to
be selected by the Client, with the Consultants’ advice, as
shall be specified in such Appendix F. Counterpart personnel
shall work under the exclusive direction of the Consultants. If
any member of the counterpart personnel fails to perform
adequately any work assigned to such member by the
Consultants, which is consistent with the position occupied by
such member, the Consultants may request the replacement
of such member, and the Client shall not unreasonably refuse
to act upon such request.
If counterpart personnel are not provided by the Client to the

Consultants as and when specified in Appendix F, the Client
and the Consultants 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 Client to the Consultants
as a result thereof pursuant to Clause GCC 6.1(c) hereof.
6. Payments to the
Consultants
6.1 Cost Estimates; a. An estimate of the cost of the Services payable in foreign
Ceiling Amount currency is set forth in Appendix G. An estimate of the cost of
the Services payable in local currency is set forth in Appendix
H.
b. Except as may be otherwise agreed under Clause GCC 2.6

and subject to Clause GCC 6.1(c), payments under this
Contract shall not exceed the ceilings in foreign currency and
in local currency specified in the SCC. The Consultants shall
notify the Client as soon as cumulative charges incurred for
the Services have reached 80% of either of these ceilings.

c. Notwithstanding Clause GCC 6.1(b) hereof, if pursuant to any
of the Clauses GCC 5.3, 5.4 or 5.6 hereof, the Parties shall
agree that additional payments in local and/or foreign
currency, as the case may be, shall be made to the
Consultants in order to cover any necessary additional
expenditures not envisaged in the cost estimates referred to in
Clause GCC 6.1(a) above, the ceiling or ceilings, as the case
may be, set forth in Clause GCC 6.1(b) above shall be
increased by the amount or amounts, as the case may be, of
any such additional payments.
6.2 Remuneration and a. Subject to the ceilings specified in Clause GCC 6.1(b) hereof,
Reimbursable the Client shall pay to the Consultants (i) remuneration as set
Expenditures forth in Clause GCC 6.2(b), and (ii) reimbursable expenditures
as set forth in Clause GCC 6.2(c). If specified in the SCC,
said remuneration shall be subject to price adjustment as
specified in the SCC.
b. Remuneration for the Personnel shall be determined on the

basis of time actually spent by such Personnel in the
performance of the Services after the date determined in
accordance with Clause GCC 2.3 and Clause SCC 2.3 (or
such other date as the Parties shall agree in writing) (including
time for necessary travel via the most direct route) at the rates
referred to, and subject to such additional provisions as are
set forth, in the SCC.
c. Reimbursable expenditures actually and reasonably incurred

by the Consultants in the performance of the Services, as
specified in Clause SCC 6.3(b).
6.3 Currency of a. Foreign currency payments shall be made in the currency or

Payment currencies specified as foreign currency or currencies in the
SCC, and local currency payments shall be made in the
currency of the GoN.
b. The SCC shall specify which items of remuneration and

reimbursable expenditures shall be paid, respectively, in
foreign and in local currency.
6.4 Mode of Billing and Billings and payments in respect of the Services shall be
Payment made as follows:
a. The Client shall cause to be paid to the Consultants an

advance payment as specified in the SCC, and as otherwise
set forth below. The advance payment will be due after
provision by the Consultants to the Client of a bank guarantee
by a bank acceptable to the Client in an amount (or amounts)
and in a currency (or currencies) specified in the SCC, such
bank guarantee (i) to remain effective additional one month
after the advance payment has been fully set off as provided
in the SCC, and (ii) to be in the form set forth in Appendix I
hereto or in such other form as the Client shall have approved
in writing.
b. As soon as practicable and not later than fifteen (15) days
after the end of each calendar month during the period of the
Services, the Consultants shall submit to the Client, in
duplicate, itemized statements, accompanied by copies of
receipted invoices, vouchers and other appropriate supporting

materials, of the amounts payable pursuant to Clauses GCC
6.3 and 6.4 for such month. Separate monthly statements
shall be submitted in respect of amounts payable in foreign
currency and in local currency. Each such separate monthly
statement shall distinguish that portion of the total eligible
costs which pertains to remuneration from that portion which
pertains to reimbursable expenditures.
The invoice format shall be as agreed between the client and

the consultants.
c. The Client shall cause the payment of the Consultants’
monthly statements less retention money (5%) within thirty
(30) days after the receipt by the Client of such statements
with supporting documents. Only such portion of a monthly
statement that is not satisfactorily supported may be withheld
from payment. Should any discrepancy be found to exist
between actual payment and costs authorised to be incurred
by the Consultants, the Client may add or subtract the
difference from any subsequent payments. Interest at the
annual rate specified in the SCC shall become payable as
from the above due date on any amount due by, but not paid
on, such due date.
d. The final payment under this Clause shall be made only after
the final report and a final statement, identified as such, shall
have been submitted by the Consultants and approved as
satisfactory by the Client. The Services shall be deemed
completed and finally accepted by the Client and the final
report and final statement shall be deemed approved by the
Client as satisfactory forty-five (45) calendar days after receipt
of the final report and final statement by the Client unless the
Client, within such forty-five (45) day period, gives written
notice to the Consultants specifying in detail deficiencies in the
Services, the final report or final statement. The Consultants
shall thereupon promptly make any necessary corrections,
and upon completion of such corrections, the foregoing
process shall be repeated. Any amount which the Client has
paid or caused to be paid in accordance with this Clause in
excess of the amounts actually payable in accordance with the
provisions of this Contract shall be reimbursed by the
Consultants to the Client within thirty (30) days after receipt by
the Consultants of notice thereof. Any such claim by the Client
for reimbursement must be made within ninety (90) calendar
days after receipt by the Client of a final report and a final
statement approved by the Client in accordance with the
above.
e. All payments under this Contract shall be made to the
accounts of the Consultants specified in the SCC.

6.5 Retention a. The Client shall retain from each payment due to the Consultant
the proportion stated in the SCC until Completion of the whole of
the Works.
b. One half of the retention shall be repaid by the Client to the

consultant at the time of the payment of the Final Bill pursuant to
GCC Clause 6.4 (d).
c. The remainder of the retention shall be paid by the Client to the

consultnt within 15 days after submission of an evidence
document issued by the concerned Internal Revenue Office that
the consultant has submitted his Income Returns.
6.6 Liquidated The Consultant shall pay liquidated damages to the Client at the rate
Damages per day stated in the SCC for each day that the completion services
is later than the Completion Date. The total amount of liquidated
damages shall not exceed the amount defined in the SCC.Beyond
this limit the contract may be terminated by the Client.The Client
may deduct liquidated damages from any payments due to the
Consultant. Payment of liquidated damages shall not affect the
Consultant’s liabilities.
7. Fairness and Good Faith
7.1 Good Faith The Parties undertake to act in good faith with respect to each
other’s rights under this Contract and to adopt all reasonable
measures to ensure the realization of the objectives of this Contract.
7.2 Operation of the The Parties recognize that it is impractical in this Contract to provide
Contract for every contingency which may arise during the life of the
Contract, and the Parties hereby agree that it is their intention that
this Contract shall operate fairly as between them, and without
detriment to the interest of either of them, and that, if during the
term of this Contract either Party believes that this Contract is
operating unfairly, the Parties will use their best efforts to agree on
such action as may be necessary to remove the cause or causes of
such unfairness, but no failure to agree on any action pursuant to
this Clause shall give rise to a dispute subject to arbitration in
accordance with Clause GCC 8 hereof.
8. Settlement of Disputes
8.1 Amicable The Parties agree that the avoidance or early resolution of disputes
Settlement is crucial for a smooth execution of the Contract and the success of
the assignment. The Parties shall use their best efforts to settle
amicably all disputes arising out of or in connection with this Contract
or the interpretation thereof.
8.2 Dispute The rationale of the amicable dispute settlement procedure is to

Resolution settle the dispute at the lowest possible responsibility level, bringing
the individuals concerned face to face. The settlement procedure
consists of the two following steps:
(a) Level One: the dispute is notified by one Party to the other
according to GCC Clause 1.6.1. The dispute is examined by
the Authorized Representatives of the Client and the
Consultant. In case the dispute is not settled within the period

after its notification as specified in the SCC, the Authorized
Representatives shall fill in and sign the relevant section of the
Dispute Notification Form attached as Appendix K, and deliver
such Form to the Client’s and the Consultant’s officials
specified in the SCC, responsible for the Level Two of the
settlement procedure.
(b) Level Two: the dispute is examined by the Client’s and the
Consultant’s officials specified in the SCC. In case the dispute
is not settled within the period after the delivery of the Dispute
Notification Form to Level Two as specified in the SCC, the
Client’s and the Consultant’s officials responsible for Level
Two shall fill in and sign the relevant section of the Dispute
Notification Form, and Clause GCC 8.3 shall apply.
8.3 Dispute Any dispute or difference arising out of this Contract or in connection
Settlement therewith which cannot be amicably settled according to Clause
GCC 8.2 shall be finally settled under the UNCITRAL Rules of
Arbitration by one or more arbitrators appointed in accordance with
the said Rules. The arbitration shall take place in the location
specified in the SCC. The resulting award shall be final and binding
on the Parties and shall be in lieu of any other remedy.
9. Remedies for Without prejudice to any other right of the Client under this Contract,
Breach of Contract the remedies available to the Client in the event of breach of the
Contract by the Consultant are as follows:
a. rejection of defective performance,
b. prompt replacement and correction of defective services,
c. application of liquidated damages for delay as per the
provision of the Contrct,
d. termination of the contract and correction of the
services, not performed as per the requirement of the
contract, at the expense of the consultant,
e. recovery for consequential damages;
f. such other remedies as may be available pursuant to the
contract or to applicable law.

10. Conduct of 10.1 The Consultant shall be responsible to fulfill his obligations as
Consultants per the requirement of the Contract Agreement, RFP
documents and GoN’s Procurement Act and Regulations.
10.2 The consultant shall not carry out or cause to carryout the
following acts with an intention to influence the implementation
of the procurement process or the contract agreement :
i. give or propose improper inducement directly or indirectly,
ii. distortion or misrepresentation of facts
iii. engaging or being involved in corrupt or fraudulent practice
iv. interference in participation of other prospective consultants.
v. coercion or threatening directly or indirectly to impair or harm,
any party or the property of the party involved in the
procurement proceedings,
vi. collusive practice among consultants before or after
submission of proposals for distribution of works among
consultnts or fixing artificial/uncompetitive proposal price
with an intention to deprive the Client the benefit of open
competitive proposal price.
vii. contacting the Client with an intention to influence the Client
with regards to the proposals or interference of any kind in
examination and evaluation of the proposals during the period
after opening of proposals up to then otification of award of
contract.
11. Blacklisting 11.1 Without prejudice to any other right of the Client under this
Consultant Contract, Public Procurement Monitoring Office may blacklist
a Consultant for his conduct up to three years on the
following grounds and seriousness of the act committed by the
consultant without prejudice to any other rights of the Client
under rights under this Contract:
a) if it is proved that the consultant committed acts

pursuant to GCC 10.2,
b) if the Consultant fails to sign an agreement pursuant to

Information to Consultants clause 7.
c) if it is proved later that the Consultant has committed

substantial defect in implementation of the contract or
has not substantially fulfilled his obligations under the
contract or the completed work is not of the specified
quality as per the contract ,
d) if convicted by a court of law in a criminal offence which

disqualifies the bidder from participating in the
contract.
11.2 A Consultant declared blacklisted and ineligible by the

Public procurement Office shall be ineligible to bid for a
contract during the period of time determined by the PPMO.

III.Special Condition Of Contract
III. Special Conditions of Contract

Number Of GCC Amendments Of, And Supplements To, Clauses In The General
Clause Conditions Of Contract
1.6.1
The addresses are :
Client:
Managing Director
Kathmandu, Nepal
Tel: 0977 1 4002045/ 4002046 / 4439287 Fax: 0977 1 4443077
Consultants:
Address: … … … … … … … … … …
Attention: … … … … … … … … … …
Cable address: … … … … … … … … … …
Telex: … … … … … … … … … …
Facsimile: … … … … … … … … … …
E-mail: … … … … … … … … … …
1.6.2 Notice will be deemed to be effective as follows:
(a) in the case of personal delivery or registered mail, on delivery;
(b) in the case of telexes,Twenty Four (24) hours following

confirmed transmission;
(c) in the case of telegrams, Twenty Four (24) hours following

confirmed transmission; and
(d) in the case of facsimiles, Twenty Four (24) hours following

confirmed transmission.
(e) in case of E-mail, Twenty Four (24) hours following confirmed

transmission.
1.8 The Member in Charge is [name of member].
Note: If the Consultants consist of a joint venture of more than one

entity, the name of the entity whose address is specified in Clause
SCC 1.6.1 should be inserted here. If the Consultants consist only of
one entity, this Clause SCC 1.8 should be deleted from the SCC.]
1.9 The Authorized Representatives are:
For the Client:

The Managing Director
Kathmandu, Nepal.

For the Consultants:
2.1 The Contract shall come into force and effect from the Seventh day
after signing of the Contract Agreement.
2.2 The time period shall be Six Month or such other time period as the
parties may agree in writing.
2.3 The time period shall be One Month or such other time period as the
parties may agree in writing.
2.4 The time period shall be 54 (Fifty Four) Months plus 12 (Twelve)
Months Defects Notification Period from the date of commencement
or such other time period as the parties may agree in writing.
3.4
“3.4 Limitation of the Consultants’ Liability towards the
Client
(a) Except in case of gross negligence or willful misconduct

on the part of the Consultants or on the part of any
person or firm acting on behalf of the Consultants in
carrying out the Services, the Consultants, with respect
to damage caused by the Consultants to the Client’s
property, shall not be liable to the Client:
(i) for any indirect or consequential loss or damage;

and
(ii) for any direct loss or damage that exceeds (A)

the total payments for professional fees and
reimbursable expenditures made or expected to
be made to the Consultants hereunder, or (B) the
proceeds the Consultants may be entitled to
receive from any insurance maintained by the
Consultants to cover such a liability, whichever of
(A) or (B) is higher.
(b) This limitation of liability shall not affect the Consultants’

liability, if any, for damage to Third Parties caused by
the Consultants or any person or firm acting on behalf of
the Consultants in carrying out the Services.”
3.5 The risks and the coverages shall be as follows:

a. professional liability insurance, with a minimum coverage of
[Contract amount];
b. employer’s liability and workers’ compensation insurance in
respect of the Personnel of the Consultants and of any
Subconsultant, in accordance with the relevant provisions of
the Applicable Law, as well as, with respect to such
Personnel, any such life, health, accident, travel or other
insurance as may be appropriate; and
c. insurance against loss of or damage to (i) equipment
purchased in whole or in part with funds provided under this
Contract, (ii) the Consultants’ property used in the
performance of the Services, and (iii) any documents

prepared by the Consultants in the performance of the

Services.
3.9
“The Consultants shall not use these documents for purposes
unrelated to this Contract without the prior written approval of the
Client.”
6.1(b) The ceiling in foreign currency or currencies is: [amount]
The ceiling in local currency is: [amount]
6.2(a) Payments for remuneration made in accordance with Clause GCC

6.2(a) in [foreign and/or] [local] currency shall be adjusted as follows:
(a) Remuneration paid in foreign currency pursuant to the rates

set forth in Appendix G shall be escalated only after the expiry
of Twenty Four (24) months from effective date of Contract by
three percent (3%) over previous period’s rate and two percent
(2%) there after annually.
(b) Remuneration paid in local currency pursuant to the rates set

forth in Appendix H shall be escalated only after the expiry of
Twenty Four (24) months from effective date of Contract by
five percent (5 %) over previous year’s rate and five percent (5
%) there after annually.
6.2(b)(i)
(1) It is understood (i) that the remuneration rates shall cover (A)
such salaries and allowances as the Consultants shall have
agreed to pay to the Personnel as well as factors for social
charges and overhead, (B) the cost of backstopping by home
office staff not included in the Personnel listed in Appendix C,
and (C) the Consultants’ fee, (ii) that bonuses or other means
of profit-sharing shall not be allowed as an element of
overhead, and (iii) that any rates specified for persons not yet
appointed shall be provisional and shall be subject to revision,
with the written approval of the Client, once the applicable
salaries and allowances are known.
(2) Remuneration for periods of less than one month shall be

calculated on an hourly basis for actual time spent in the
Consultants’ home office and directly attributable to the
Services (one hour being equivalent to 1/240 th of a month)
and on a calendar-day basis for time spent away from home
office (one day being equivalent to 1/30th of a month).
6.2(b)(ii) The rates for foreign Personnel are set forth in Appendix G and the
rates for local Personnel, in Appendix H.
6.3(a) The foreign currency [currencies] shall be the following:
(i) US $
6.3(b)(i) Remuneration for foreign Personnel shall be paid in foreign currency

and remuneration for local Personnel shall be paid in local currency.
6.3(b)(ii) The reimbursable expenditures in foreign currency shall be the

following:

1. a per diem allowance for each of the foreign or local

Personnel for every day in which such Personnel shall be
absent from his home office and shall be outside the country
of the Government for the purpose of the Services at the daily
rate specified in Appendix G;
2. the following transportation costs:
(i) the cost of international transportation of the foreign

Personnel and, as specified below, eligible dependents
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 Nepal, one extra round
trip will be reimbursed for every twenty-four (24) months
of assignment in Nepal. Such Personnel will be entitled
to such extra round trip only if upon their return to
Nepal, such Personnel are scheduled to serve for the
purposes of the Project for a further period of not less
than six (6) consecutive months;
(iii) the cost of transportation to and from Nepal 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 Nepal for the purpose of the
Services for periods of six (6) consecutive months or
longer, provided that the stay of such dependents in
Nepal 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;
(iv) 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; and
(v) miscellaneous travel expenses such as the cost of

transportation to and from airports, airport taxes,
passport, visas, travel permits, vaccinations, etc., at a
fixed unit price per round trip as specified in
Appendix G;
3. the cost of communications (other than those arising in Nepal)
reasonably required by the Consultants for the purposes of
the Services;
4. the cost of printing, reproducing and shipping of the
documents, reports, drawings, etc. specified in Appendices A
and B hereof;
5. the cost of acquisition, shipment and handling of the following
equipment, instruments, materials and supplies required for
the Services: [amount];
6. the cost of shipment of personal effects up to [amount];

7. the cost of programming and use of, and communication

between, the computers for the purposes of the Services at
the rate set forth in Appendix G;
8. the cost of training of the Client’s personnel outside Nepal, as
specified in Appendix G;
9. the cost of laboratory tests on materials, model tests and
other technical services authorized or requested by the Client,
as specified in Appendix G;
10. the foreign currency cost of any subcontract required for the
Services and approved in writing by the Client;
11. the cost of items not covered in the foregoing but which may
be required by the Consultants for completion of the Services,
subject to the prior authorization in writing by the Client; and
12. any such additional payments in foreign currency for properly
procured items as the Parties may have agreed upon
pursuant to the provisions of Clause GCC 6.1(c).
6.3(b)(iii) The reimbursable expenditures in local currency shall be the

following:
1. a per diem allowance at a rate in local currency equivalent
to [name agreed foreign currency specified in Clause SC
6.1(b)] per day, for each of the short-term foreign
Personnel (i.e., with less than twelve (12) months
consecutive stay in Nepal) for the first ninety (90) days
during which such Personnel shall be in Nepal;
2. a per diem allowance at a rate in local currency equivalent
to [name agreed foreign currency specified in Clause SCC
6.1(b)] per day, for each of the short-term foreign
Personnel for each day in excess of ninety (90) days
during which such Personnel shall be in Nepal;
3. a living allowance for each of the long-term foreign
Personnel (twelve (12) months or longer consecutive stay
in Nepal) at the rates specified in Appendix H;
4. the cost of the following locally procured items: local
transportation, office accommodations, camp facilities,
camp services, subcontracted services, soil testing,
equipment rentals, supplies, utilities and communication
charges arising in Nepal, all if and to the extent required
for the purpose of the Services, at rates specified in
Appendix H;
5. the cost of equipment, materials and supplies to be
procured locally in Nepal as specified in Appendix H;
6. the local currency cost of any subcontract required for the
Services and approved in writing by the Client;
7. any such additional payments in local currency for
properly procured items as the Parties may have agreed
upon pursuant to the provisions of Clause GCC 6.1(c);
and
8. the cost of such further items as may be required by the
Consultants for the purpose of the Services, as agreed in
writing by the Client.

6.4(a) The following provisions shall apply to the advance payment and the
advance payment security:
(1) An advance payment of 15 % of foreign currency component

of contract amount in foreign currency (excluding contingency
amount) and 15 % of local currency component of contract
amount in local currency (excluding contingency amount) shall
be made within 30 days after the Effective Date. The advance
payment will be set off by the Client in equal installments
against the statements for the first 21 months of the Services
th
commencing in the 4 month until the advance payment has
been fully set off.
(2) The advance payment security shall be in the amount and in the
currency of the foreign and local currency portion of the
advance payment.
6.4(c) The interest rate is: 5%
6.4(e) The accounts are:
for foreign currency: [insert account]

for local currency: [insert account]
6.5 a) Rention : 5 % of the invoice amount
6.6 Liquidated Damages : at the rate of 0.05 % of contract price per day
to a maximum of 10% of the sum stated in the
Agreement
8.2 (a) Dispute Level One:

Resolution
The period for settling the dispute is: 90 days
The Client’s official responsible for Level Two is:
Managing Director, Rasuwagadhi Hydropower company Limited
The Consultant’s official responsible for Level Two is: ___________
8.2(b) Level Two:
The period for settling the dispute is: 90 days
8.3 The location is: Kathmandu, Nepal.
At the end of clause 8.3 add “In case the parties are unable to
appoint Arbitrator(s), the appointing authority shall be the Chairman
of Nepal Council of Arbitration (NEPCA)”. Add at the end "applicable
law shall be Law of Nepal and choice of Language shall be English".

Model Form I
See Clause SCC 6.2(b)(i)
Consulting Firm: Country:

Assignment: Date:
Consultants’ Representations Regarding Costs and Charges
We hereby confirm that (a) the basic salaries indicated below 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 below 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.
(Expressed in [name of currency])
Name Position Basic Salary per Social Overhead Away from

1
Working Charges Headquarters
1
Month/Day/Year Allowance
(a) (b) (c) (f)
etc.
Expressed as a percentage of (a).
[Name of Consulting Firm]
Signature of Authorized Representative Date
Name:
Title:
Note: For field staff, use Basic Salary per Working Month; for home office staff, Basic Salary per
Working Day or Hour. For field staff, also fill in Away from Headquarters Allowance, if any. This
form (and the one on the next page) should not be part of the signed Contract but should be
executed by the Consultants separately. See Notes in Clause SCC 6.2(b)(i).

III. Special Condition Of Contract
Model Form II
See Notes to Form on preceding page and to Clause SCC 6.2(b)(i)
Breakdown of Agreed Fixed Rates in Consultants’ Contract
We hereby confirm that we have agreed to pay to the staff members listed, who will be involved in this assignment, the basic salaries and away from headquarters
allowances (if applicable) indicated below:
(Expressed in [name of currency])

1 2 1
Name Position Basic Salary per Social Overhead Subtotal Fee Away from Agreed Fixed Rate Agreed Fixed Rate
1
Working Charges Headquarters per Working
Month/Day/Year Allowance Month/Day/Hour
(a) (b) (c) (d) (e) (f) (g) (h)
etc.
1
Expressed as a percentage of (a).
2
Expressed as a percentage of (d).
Signature Date
Name:
Title:

IV. Appendices
IV. Appendices
Appendix A—Description of the Services
Give detailed descriptions of the Services to be provided, dates for completion of various tasks,
place of performance for different tasks, specific tasks to be approved by Client, etc.
Appendix B—Reporting Requirements
List format, frequency, and contents of reports; persons to receive them; dates of submission;
etc. If no reports are to be submitted, state here “Not applicable.”
Appendix C—Key Personnel and Subconsultants
List under: C-1 Titles [and names, if already available], detailed job descriptions and
minimum qualifications of Key foreign Personnel to be assigned to work
in Nepal, and staff-months for each.
C-2 Same information as C-1 for Key local Personnel.
C-3 Same as C-1 for Key Personnel to be assigned to work outside Nepal.
C-4 List of approved Subconsultants (if already available); same information

with respect to their Personnel as in C-1 through C-4.
Appendix D—Medical Certificate
Show here an acceptable form of medical certificate for foreign Personnel to be stationed in Nepal.
If there is no need for a medical certificate, state here “Not applicable.”
Appendix E—Hours of Work for Key Personnel
List here the hours of work for Key Personnel; travel time to and from the country of the
Government for foreign Personnel (Clause GC 4.4(a)); entitlement, if any, to overtime pay, sick
leave pay, vacation leave pay, etc.
Appendix F—Duties of the Client
List under: F-1 Services, facilities and property to be made available to the Consultants
by the Client.
F-2 Counterpart personnel to be made available to the Consultants by the

Client.

IV. Appendices
Appendix G—Cost Estimates in Foreign Currency
List hereunder cost estimates in foreign currency:
1. (a) Monthly rates for foreign Personnel (Key Personnel and other Personnel)
(b) Monthly rates for local Personnel (Key Personnel and other Personnel).
Note: This should be added if local Personnel are also being paid in foreign
currency.
2. Reimbursable expenditures
(a) Per diem allowances.
(b) Air transport for foreign Personnel.
(c) Air transport for dependents.
(d) Transport of personal effects.
(e) International communications.
(f) Printing of documents specified in Appendices A and B hereof.
(g) Acquisition of specified equipment and materials to be imported by the
Consultants and to be paid for by the Client (including transportation to Nepal).
(h) Other foreign currency expenditures, like use of computers, foreign training of
Client’s staff, various tests, etc.
Appendix H—Cost Estimates in Local Currency
List hereunder cost estimates in local currency:
1. Monthly rates for local Personnel (Key Personnel and other Personnel)
2. Reimbursable expenditures as follows:

(a) Per diem rates for subsistence allowance for foreign short-term Personnel, plus
estimated totals.
(b) Living allowances for long-term foreign Personnel, plus estimated totals.
(c) Cost of local transportation.
(d) Cost of other local services, rentals, utilities, etc.
(e) Cost of printing, reproducing and shipping of documents, reports, drawings etc.

IV. Appendices
Appendix I—Form of Bank Guarantee for Advance Payments
Note: See Clause GCC 6.4(a) and Clause SCC 6.4(a). The Client should insert here an
acceptable form of a bank guarantee. An example is set forth below.
TO: [Name and Address of Client]

[Name of Contract for Consultants’ Services]
Gentlemen:
In accordance with the provisions of Clauses GCC 6.4(a) and SCC 6.4(a) of the above-mentioned
Contract (hereinafter called “the Contract”), [name and address of Consultants] (hereinafter called
“the Consultants”) shall deposit with [name of Client] a bank guarantee to guarantee their proper
and faithful performance under the said provisions of the Contract in an amount of [amount of
1
Guarantee], [amount of Guarantee in words].
We, the [bank or financial institution], as instructed by the Consultants, agree unconditionally and
irrevocably to guarantee as primary obligor and not as Surety merely, the payment to [name of
Client] on his first demand without whatsoever right of objection on our part and without his first
claim to the Consultants, in the amount not exceeding [amount of Guarantee], [amount of
Guarantee in words].
We further agree that no change or addition to or other modification of the terms of the Contract
which may be made between [name of Client] and the Consultants, shall in any way release us
from any liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
The validity period of the guarantee shall be 30 days beyond the period scheduled for repayment of
the advance payment and the guarantee shall remain valid and in full effect from the date of the
advance payment under the Contract until the [name of Client] receives full repayment of the same
amount from the Consultant.
Yours truly,
Signature and Seal
Name of Bank/Financial Institution
Address
Date
1
An amount is to be inserted by the bank or financial institution as specified in Clause SC 6.4(a).
IV. Appendices
APPENDIX J—MINUTES OF NEGOTIATIONS MEETINGS
Append minutes of negotiation meetings if applicable. It is advisable to append minutes where

important changes in the scope of work, schedule etc. were made during negotiations.
APPENDIX K — DISPUTE NOTIFICATION FORM
Dispute No.
Dispute notified at Level One on: [insert date] at: [insert time]
Description of Dispute:
(Attach additional sheets if needed)

Result of discussion at Level One: resolved escalated to Level Two [check the
relevant box]
If resolved, give a brief description of resolution:

Sent to Level Two on: [insert date] at: [insert time]
Client’s Authorized Representative: [insert name and signature]
Consultant’s Authorized Representative: [insert name and signature]
Date: [insert date]
Dispute notified at Level Two on: [insert date] at: [insert time]
Result of discussion at Level Two: resolved not resolved [check the relevant
box]
If resolved, give a brief description of resolution:

Client’s official responsible: [insert name and signature]
Consultants’ official responsible: [insert name and signature]
Date: [insert date]

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RASUWAGADHI HYDROPOWER COMPANY LIMITED

Lazimpat, Kathmandu, Nepal

REQUEST FOR PROPOSALS

Recruitment of Consulting Firms

2. Request for Proposals

3. Section 1 - Letter of Invitation

. Section 2 - Instructions to Consultants

4. Section 3 - Technical Proposal - Standard Forms

5. Section 4 - Financial Proposal - Standard Forms

6. Section 5 - Terms of Reference

7. Section 6 - Standard Forms of Contract

I. SECTION 1. LETTER OF INVITATION

1. The Rasuwagadhi Hydropower Company Limited (RGHPCL) is expected to utilize its

2. The Rasuwagadhi Hydropower Company Limited (RGHPCL) now invites proposal to

3. Chilime Hydropower Company Limited (CHPCL) has promoted three subsidiary

Rasuwagadhi Hydroelectric Project (RGHEP)

1. Tractebel Engineering S.A., France / In cooperation with TEPL and In Association

It is not permissible to assign this invitation to any other firm.

6. The RFP includes the following documents:

Section 1 - Letter of Invitation

Rasuwagadhi Hydroelectric Project (RGHEP)

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

(c) your firm/Joint Venture will decline to submit a proposal.

Rasuwagadhi Hydroelectric Project (RGHEP)

Section 2. Instructions to Consultants

(b) “Client’s Country” is Nepal.

(c) “Consultant” means any private or public entity including a Joint

(e) “CQS” means Consultant’s Qualification Selection.

(f) “Data Sheet” means such part of the Instructions to Consultants

(g) “Day” means calendar day.

(h) “FBS” means Fixed Budget Selection.

(i) “Government” means the government of the Client’s Country.

(j) “Instructions to Consultants” (Section 2 of the RFP) means the

(k) “Joint Venture” means a Consultant which comprises two or more

(l) “LCS” means Least Cost Selection.

(n) “Personnel” means qualified persons provided by the Consultant

Rasuwagadhi Hydroelectric Project (RGHEP) Page 1

(o) “PPMO” means the Public Procurement Monitoring Office of

(q) “QBS” means Quality-Based Selection.

(r) “QCBS” means Quality- and Cost-Based Selection.

(s) “RFP” means this Request for Proposal.

(t) “Services” means the work to be performed pursuant to the

(u) “SSS” means Single Source Selection.

(v) “Standard Electronic Means” includes facsimile and email

(w) “Sub-Consultant” means any person or entity with whom the

(x) “Terms of Reference” (TOR) means the document included in the

1.2 The shortlisted Consultants are invited to submit a Technical

Rasuwagadhi Hydroelectric Project (RGHEP) Page 2

1.3 Consultants should familiarize themselves with local conditions

Conflict of 1.6.1 RGHEP considers a conflict of interest to be a situation in which

1.6.2 Without limitation on the generality of the foregoing, Consultants

(a) Conflict between consulting activities and procurement of

Rasuwagadhi Hydroelectric Project (RGHEP) Page 3

Conversely, a consulting firm or individual consultant

(b) Consulting firms or individual consultants shall not be

(c) Relationship with Client’s staff. Consultants or Sub-

1.6.3 Consultants have an obligation to disclose any situation of actual

1.6.4 No agency or current employees of the Client shall work as

Rasuwagadhi Hydroelectric Project (RGHEP) Page 4

(i) “corrupt practice” means the offering, giving,

(ii) “fraudulent practice” means any act or omission,

(iii) “coercive practice” means impairing or harming,

(iv) “collusive practice” means an arrangement