CONTRACT FOR CONSULTING FIRMS
AND OTHER SERVICE PROVIDERS
Contract no.: 83302106
Project Management - Programm zur Férderung
lokaler Regierungsfihrung
Processing no.: 15,2159.0-001.00
Processed by Muhammad Qaiser Waseem
Telephone:
Based on the General Terms of Contract (local) the present Contract
is concluded between the
Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ)
GmbH, represented by
German Development Cooperation
GIZ Office Islamabad
House # 23, Street # 55, Sector F-7/4
G.P.0. Box 2993
ISLAMABAD 44000
PAKISTAN
(referred to hereinafter as “GIZ")
and
Mis.
Suriya Nauman Rehan & Co.
House #2,Street # 2,F-7/3
44000 ISlamabad
Pakistan
051-2610932
051-2610931 (email: nauman@nrcca.pk)
(referred to hereinafter as “Contractor”).QIZ fie.
Purpose of the Contract
To develop and propose Amendments to the Khyber Pakhtunkhwa
Motor Vehicle Registration Tax and Develop proposal on Carbon Tax!
Fee.
Terms of Reference
The Contractor undertakes to perform the services listed in the Special
Agreement (Annex 1).
Assignment of Personnel
In order to perform the services, it is anticipated that during the period from 24.10.2018
to 15.12.2018, the Contractor shall assign the following experts:
Mr. Nauman Rafique as Team Leader
Mr. Ehtesham Anwar as Project Coordinator
Mr. Muhammad Rehan as Senior Tax Expert
Mr. Sufyan Qayyum as. Junior Tax Expert
Mr. Ghulam Mustafa as Public Sector Specialist
Reports/Appraisals
Reporting/Submission of the study/The handover of work is governed by the
Special Agreement (see Annex 1).
Remuneré
For the performance of services, the Contractor shall be remunerated as
follows:
Mr. Nauman Rafique
Expert
44,000.00 PKR. xup to 10.0 Expert day/s
lump sum up to 440,000.00 PKR:
Mr. Ehtesham Anwar
Expert
20,000.00 PKR x up to 20.0 Expert day/s
ah @giz
lump sum up to 400,000.00 PKR.
Mr. Muhammad Rehan
Expert
25,000.00 PKR xup to 30.0 Expert day/s
lump sum up to 750,000.00 PKR
Mr. Sufyan Qayyum
Expert
20,000.00 PKR xupto 30.0 Expert day/s
lump sum up to 600,000.00 PKR
Mr. Ghulam Mustafa
Expert
25,000.00 PKR xupto 25.0 Expert day/s
lump sum up to 625,000.00 PKR
Travel expenses
8,000.00 PKR x up to 5.0 without quantity
against provision of evidence up to 40,000.00 PKR
Rent a Car/ Taxi or PKR 10/Km for personal vehicle
Total remuneration up to 2,855,000.00 PKR.
{in words: Pak Rupees Two Million Eight Hundred Fifty Five Thousand Only.)
All costs incurred in connection with the performance of the services are deemed
settled heres
The tax provisions are listed in the Special Agreement in the section entitled “Other
Provisions”.
Payments
Payment of the remuneration agreed on in Section 5 shall be effected, depending on the
type of remuneration, following the performance of services, submission of reports (see
Special Agreement), acceptance of services performed, and invoicing,
Interim payment after settlement of services provided:
y
pe Qf)giz
Anticipated date Payment up to (PKR)
1. 31.10.2018 1,142,000.00
2 15.11.2018 1,142,000.00
7
72)
73
81
8.2
8.3
84
‘al payment after final invoice anticipated by 15.12.2018 up to 571,000.00 PKR.
The invoice must be submitted as 1 original with 1 copy(ies).
Other provisions
The original vouchers must be submitted for all items of the Contract for which,
documentary proof is required.
The Contractor shalll carry out project accounting in keeping with the principles of
proper bookkeeping.
GIZ shall have an unrestricted right to examine the project accounts at any time. This
shall not affect the obligation of the Contractor to submit original vouchers.
General Terms of Contract
The Special Agreement shall constitute an integral component of the Contract.
The General Terms of Contract (local) shall constitute an integral component of this
Contract. The Contractor hereby declares that it is familiar with the General Terms of
Contract (local).
The Contract shall be drawn up in 2 originals. The Contractor shall receive one original.
All modifications to this Contract shall be made only in writing.PAKISTAN,
For the GIZ
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Annexes:
1. Special Agreement
2. General Terms of Contract (local) enclosed/known,
giz =.
|Slearetrd Abb 6
place, date
Nauman Rehan & Co.
Tax number
NTN: 4269958-0
mt @/Contract no: 83302106
Project Management - Programm zur Férderung
lokaler Regierungsfahrung
Project no: 18.2159,0-001.00
Contractor: Suriya Nauman Rehan & Co
4. Terms of Reference
A. Introduction to GIZ Support to Local Governance (LoGo)
Programme
Support to Local Governance Programme (LoGo) is a jointly funded
programme by BMZ and SDC and implemented between January 2017
and December 2019. LoGo aims to improve devolved structures and
systems of service delivery for citizens in selected areas of Khyber
Pakhtunkhwa (KP) and Punjab. The programme provides advisory
services in three interlinked intervention areas, following a multi-tier and
multi-stakeholder approach:
* Strengthening local governance: The first area of action supports,
the local administrations, selected councils and the departments of
local government in KP and Punjab in building their capacity in
selected core processes such as participatory development
planning, budget preparation and implementation. In this context,
the programme provides policy consultancy to clarify roles and
tasks, strengthens training institutions for public servants and
selected local councils, and supports selected local authorities in
Participatory development planning and budget preparation,
+ Strengthening sub-national revenue generation: The second
area of action focuses on improving the conditions for tax and
revenue generation by the provincial tax authorities and selected
sub-national authorities. To this end, the provincial tax authorities
are primarily advised on how to improve tax collection systems and
processes and designing a coherent legal and/or administrative
framework.
+ Enhancing state-citizen dialogue: The third area of action
supports the provinc and local administrations, media and civil
society actors in improving the accountability of the administration
and dialogue between the state and society.
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This assignment falls under the second area of action and particularly
geared at supporting the Excise and Taxation Department with legal
assistance in reviewing some of the outdated tax laws with focus on
Motor Vehicle Registration and Taxation.
B. Mandate of Excise, Taxation & Narcotics Control (ET&NC)
Department
ET&NC Department is a revenue collecting agency of the Government
of Khyber Pakhtunkhwa which plays a paramount role in resource
mobilization. The Khyber Pakhtunkhwa Rules of Business 1985
empower the Provincial Government to allocate resources for the
department, as well as assigning it different functions of tax collection,
enforcement, and administration. The following is the mandate of the
Directorate General of Excise, Taxation and Narcotics Control:
Assessment and collection of taxes and fees from these sources:
+ Professions, trades, calling, employments.
‘+ Urban immovable properties.
+ Motor Vehicles Taxation.
+ Real Estate Agents, Motor Vehicle Dealers & Rent a Car
dealers,
+ Historical Mosques Cess (HMC)
+ Hotel Bed Tax
+ Entertainment.
‘+ Infrastructure Development Cess.
+ Provincial Excise duty.
+ Registration of Motor Vehicles,
* Collection & Utilization of Tobacco Development Cess.
In addition, the department also serves as the main anti-narcotics
agency within the province. However, this function is beyond the scope
of engagement of LoGo with the department.
C. Purpose of Assignment
The assignment aims at drafting amendments of the Khyber
Pakhtunkhwa Motor Vehicle Registration and Taxation Laws. The
amendment of the laws would take into cognisance ongoing and
planned reforms in the areas of motor vehicle registration & taxation
and international best practices. The amendment would also make
recommendations to repeal any outdated or redundant laws. The
\
ae ad"updated legal framework would as such contribute to the efficient and
effective mobilisation of tax revenues of Motor Vehicle registration.
D. Task / Scope of Work
‘The assignment has three major components:
i Review of existing Motor Vehicle Registration and Taxation
Laws to ascertain obsolete and gaps in the existing motor vehicle
registration and taxation laws, a comprehensive review is required
to be conducted in the light of ongoing & planned reforms,
international best practices, ICT enabled systems and business
processes. This is to be done through review of existing motor
vehicle registration and tax laws, analysis of existing systems in
other countries, desk research, available literature, and experience
of the consultant. To ensure that the legal amendments take into
account the provincial and institutional specifics of the E&T
Department of Khyber Pakhtunkhwa, ground level research needs
to take place. This is to be done through meetings and interviews
with ETD staff, studying of existing documentations pertaining to
practices and reform recommendations if any that may have been
prepared in the past.
ji, Vetting of legal drafts after review of the ETD and Law
Department
In accordance with the procedure specified in the Rules of Business, the
draft laws and rules shall be sent by the ETD to the Government of Khyber
Pakhtunkhwa for final approval through the Khyber Pakhtunkhwa Law
Department which may recommend changes in the draft laws. The
consultant would be required to incorporate inputs and vet the laws and
rules, to make all the drafts in a presentable form to the provincial
legislature according to the recommendations of the law department.
iii, Formulate proposal for a Carbon TaxiFee:
The consultant will be required to interact with key stakeholders within ETD
and any other relevant provincial departments to formulate a proposal for
introducing a carbon emission tax on diesel fuelled or high pollution causing
vehicles. The proposal will include the scope of the fee, mode of
implementation and possible usage of the revenues so collected. This
would be considered as a pilot phase or phase-! of this deliverable. If the
provincial government agrees with the proposal and a decision is made to
implement the new fee, this will require development of relevant rules and
laws for the new fee. These rules and regulations will be developed by thegiz
consultant as a second phase, contingent on the provincial government's
approval of the new fee, as a separate assignment.
E. Deliverables
The following deliverables are to be submitted by the consultant:
a. Inception report entailing agreed plan of work after inception
meeting in soft copy in MS Word format.
b. Draft of revised Motor Vehicle tax law for submission to the law
department with a presentation summarizing key
recommendations
c. Finalized MVT law after incorporating any comments received
from law department within the stipulated time,
4. A proposal for the introduction of a carbon tax/ fee with a
presentation.
All documents should be in English language and in MS Word Format.
Presentations if any will be in MS Power Point
F. Time frame and Milestones
lestone Days Required
Inception Report - 5
Review of existing Motor Vehicle Laws and 7
drafting of amended law.
Incorporation of Comments by Law 5
Department
Preparation of Proposal on Carbon Tax a
Presentations and Report on assignment a
delivered fe
Total - 30
G. Payment
> 1% Interim Payment will be disbursed after submission of
Inception Report by 31.10.2018
> 2 Interim Payment will be disbursed after submission of draft
revised MVT Laws by 15.11.2018
> Final Payment will be due after completion of approved videos
and 100% completion of tasks & deliverables as per contract.
The confirmation of services signed by project AV will be treated as proof
of performance.
H. Travelling:
The firm can organise trips between Islamabad, Peshawar, with his
private or hired vehicle for completion of his assignment. In casegiz
consultant uses personal vehicle for travelling GIZ will reimburse 10
PKR/Km and in case consultant uses rent a car service he will submit
original rent a car invoices to GIZ for reimbursement.
|. Confidentiality
The contractor requires the explicit approval of GIZ to share to a third
arty any information or data as well as material or result, which came
into the knowledge of the applicant related to this contract. GIZ officers
in the third country are not assessed as third party.
J. Management Arrangements
The contractor will communicate with tax administrations through GIZ
if required
2, Place(s) of Assignment
The assignment will be based in Islamabad.
3. Reporting
The contractor coordinates with Mr. Syed Mehdi Raza Rizvi, Acting
Team Leader, Result Area Revenue Generation, LoGo, GIZ. The
documents and deliverables will be reviewed by GIZ and ETD-KP.
Recommendations on additional information and comments will be
incorporated by the contractor. All electronic files shall be sent to
syed rizvi@aiz de.
4, Procurement of Equipment and Materials
Not Applicable.
5, Other provisions
5.1 All payments will be subject to deduction of applicable advance
income tax at source as per tax laws of Pakistan
5.2Payments will be subject to provision of original invoice duly
endorsed and signed by the Principal Advisor, GIZ LoGo Project.
5.3 There is no provision of verbal commitment, therefore, all changes
must be mutually agreed upon by both parties and submitted in
writing
5.4 The replacement of expert(s) which are already given with the
proposal is only possible against submission of CV for the new
expert(s) along with approval of Principal Advisor, GIZ LoGo
Project.
Ar ef)General Terms of Contract governing the delivery of
works and services commissioned by Deutsche
giz
Gesellschaft fiir Internationale Zusammenarbeit (GIZ)
GmbH (local)
1. General principles and obligations
4.4. Scope of aplication
‘The Gonaral Tere of Covact (oc apply to contacts concluded
{or the mplementation of German btertnal cooporaton projects
‘itn developing cours, Cantar shall sly lex hat hey
to carying cute Tasks as pat of 2 project promoted by the
overmort othe Federal Repu of Germany ard = ftinent of
thor cowract wih toe Deutoho. Geeolechat Tor Inamaaale
2usanmenaret (IZ) mol as he eet, ornate retested to a=
Giz
4.2 Cooperaton with other institutions
{Toa Conretorundartaes fo sogprat in an appropriate marner
wn te German misson abroad wih other experts engaged in
‘Garman tee rfnancal cooperation seis nthe couy of
Seegnmont, and il vopresntaives. ad experts ct rll
‘Sposa, nselar a these nave an spat on projet aces.
1.3 Compliance with project agreements
Tine Contactor ie ablged fo comply withthe agroments reached
Between the. Federal Ropuoie ot Germany and te county of
sulgenon unce’rteroaona law and, whore appeals, wah ne
project Inploneriaton agreement concludes between the poet
executing agony and Giz
44 Comtdentaty
Govracos shal teat al commissonselated data and other
‘Siomaten of wich thy besome nave. whan ilementing the
‘comsmiatn ae conden boty dug and bayod tho tor ofthe
‘ona. The us of sven dala and ivormatn fr the Contactors
‘un purpose i not permits.
Contactors chal ol slow id parts 1 access documentation or
Work rut of my n,n para pore, witout te prt wien
‘Corson of Giz Far the purposasof i cause, the em ia paris
FReadee te imate commssonng pay
1.5 _Condct in the country of assignment Regulations ofthe
country of assignment
Gorratiors ave ied 1 adept ther personal conduct tothe acl
‘onstone
Contactors shal cbeewe a rontarcrssing regulaons and any
‘er nlana agulaonsn foro athe mo, an taka socoun of Me
{eins ofthe especie agroomontslexchanges af notes ant Tlgh
bechange regulations
115 esign of business cards and business stationary
‘The deo af pect or proprammoreatod busnecs cats andor
‘usiness canary by he Conractr toques the consent of IZ
1.7. Code ot eonauct
Tie Contractor es ke noto that GIZ omployecs aro obiged 10
bsere the princpies ne ou in tbe espactve cure valid version
‘F Gize morn Code of Conduct ana undertake 1 respect the
Gractves. and guidelines oth” Code. whan doalng wi IZ
snployees.
I) Contr is obliged to ct impartially and loyal at all nos
Uniose Coractors obtain the prior wren approval GZ thoy hal
hot ever ite any commission rolled procurement corrects wih
atte lagl persone wh hin they ae conrocou preonaly or
finaly.
‘The Contactor shall ct cop any adtonalamuneraton om hts
pares eonnacion wth tne contac. Unoss Contractors eban the
Bor wan approval GZ thy shall not accopt ary. hor
ommissions during te tom cl he cotact for wrich 2 coi! ot
ines feo be atipated for Bam due 1 the rate of the
‘commission od othe persona or nancial comectone wi hd
pares, ia conic of neest siesta courea of an exeng
Eosracual relationship, the Contact shat dscose this to GZ
Without golay and agree wih Giz Upon the urhor procode.
Inthe vert ofa beach a the above proviione, Giz eerie 1
terminate the canret snmedatly pursuant fo sovton 8 of these
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May 2017
Genera! Terms of Carat. This right of termination leo spp itn
Iho couse ofan eising contractual rlabonsip cane e rst
tises or te Contactor and # tho Contato’ ahd Gz ae unable
roach agreement one ther precede
4.8 Social standards
‘When implemoring the commisslon, the Convair is obiged to
Comply withthe Fundarencl Panels ard gh. at Work In
Scuydance. wih the Gedlaraton ot the infematenal Latour
Grganzaton (LO) a 18 June 1998 (feedom of assocaion and the
‘gto colecve targarng tn elminaion olor of fxced ans
‘Srnulsry labour. the aban of chi labour and he simran of
‘Secrminalon i employmant ang oocupator). When importing
the commision the Cortracoragtecemparttlar fo comply wi Me
Tagdetone tough which the fespacve Gor laour sandal he
ITB (eanventons No 29, No. 67 No 98, No. 100, No 105, No. 11,
No 18 and No. 182) have been transpoced Ine tho law of he
Counuy of assert the county ot asigort a Pat aod
‘ne or mere coe labou' andar one enaed them innatanal
Tegieaton the Contactar obliged to comp wih those regulations
Int county aesigment which pursue he same goal e the core
labour staneads.
4.9 Use of personal data by Gz
‘The Gonretlor agrees tat poonal data may be sored and
pooessed by GIZ and shall btn writen consort or any emer
{hey employ tat even expe also agrees to Fish" personal dala
boing recessed by Giz Oz shal poceesporsoal dats onto he
txton egarod in connection wth he mplmerttion oto conrac
‘The Conlacor sha cheer the cat protocion regulon of ho
partner county whan eallecing processing 0” using any
‘ate tet maybe required snd terol fo the camplon oer
‘contrat at,
2, Assignment and replacement of personnel
24 Assignment of porsonnel
Genuactre shal ensure tat they and any exports they astign
potseae the epproprate protessonal and pereara quaMcatons
heeded s campo th splated tasks successful,
22, Replacement of personnel
GE ie enea wo samara th replacement of experts at the expense
‘tine Contactor an expen oes nat moet these feauroments O°
ontavenes the ebigaiore imposed on hirer bythe Conracer
‘Snnecson wh the llment tthe cata. Th repacerent of
‘Spore ao neta of he Contractor requires IZ por witon
‘neon, whign may be rfued ol for good cause
3. Rights of veDooumentation on work results
31 Walving the authors or ooqnaters night fe ED rare, the
enact shill azegn to GIZ, forthe draion of tho stator
‘Sony pated an excuehe, aceignable,suslesnsable rg wie
orlercated rostcton To reproduce, dtrbute, make publ
‘Sevesable process and redevg the wor osu incluang sues,
ate, cecumantton, artes, informaton, les, Mutratons,
‘Stawge, cloitione mateale and aor documents (work result)
{hat ae produces andlor procured in coneecion wih he ulment ot
the cotac In parielr, Gis etied fo eprodue,cetrout and
ich to work ross pit and electronical ia known med,
Fnekding rowepapes, magazres, vse, radio and thereat.
532. Ae far ar fequrea in ore’ fo use and erve bone from fe
Wik rut he Contractor shes azsign fo Giz anon exes igh
leo use sues, rate, ccameniaton aries, lorraton os,
Provided om the eusbng resources ofthe Contactor othe
tpuated unde secon 3.
233 The contractual agreed remuneration fr the implementation
the projet by ne Conetor motes the atslgnmant te hts
‘ol use as sl eutn sections 3.1 and'32.34 Wor role inthe sense of soc 81 also include computer
programs that the Contacor sfetoe, dats, procures of providesin
[elven othe contact The ight of use tasfoned to Giz burt
toto above povslon inuéae in parca height ood 98),
funtarsmt ear, edu rencat, ed and epruce a pregame
[Ete purpose of processing the Canvas sal prove Giz wih
{he lvart sors cade andthe program socurensten, wich Gi
{nay ao pass on hia partes te fom of copes.
138. “Toe cbigaton to pfartights of use at sl oun secon. also
ples It the Contractor engages 8 thi party e, delver the
Secu worsconoes, The Conractr shal mae arangomants
‘nth a prcone evolved in reducing ie werk resus that hey are
trait gatna rc ae ott oetouned neecon
38 The Contactor shal ensure that the work results 16 not
numbered wih sop or er igs of rd pares that would
‘att the ueo of he work aust enon tne under secon
Silthe Contctr shal indemnity Giz again al ams of thd
paris aveing fom the graning & exersee otto rights f Use
Pursuant to secton 1 and eal remburee Giz or al costs arsingin
Eonnestion ah a avespongsg legal dence.
4. Publications
Publetons on he project or he aces he Contactor win the
framewore ol he project rogue ha prior witon approval of Gz, even
itr socopance and beyond the and ofthe contractually eorood
Betod of aeignnart, Agprval rom Giz s nat requred for beet
Eesctpons of the eommason and outines tthe work involved
‘aera hove sre Sesigned fr uso nthe pub reais wot of the
ontracor. Anerson he contort of he commission andtokey
ule shak conse & bel ceetpion ofthe sonmiaon. The
Contactor shal always. oxrose In an appropiate way that
[ctw are beng cared ot on behalf Giz and shal also rare
lena cormasionng party and ay athe teancng provides
Keeping of documents
"Sodus and worcrosule musbe Kop by the Contractor
for on yar taloning acoptance 0° the exiy of tne cotactuay
Siped bored of aregnment an musi ba surendored Yo Giz for
Irepacion on reques.
6. Reports
61 cosis of reports
Sin ests ot opons ust be calculated as pat of thong rats for
‘pers and not be rernoraod sopaate I requested, the
‘acer sal alsa prove te epee in lacran for
52 _ Special reports
Inne evrt of importa nederts or cxcumstancs, the Contactor
‘hal at no esta charge, without delay and wit a space roguest
fo that ood, craw up special repos. impart neon oF
‘Sroumstanes torte pupotes ths secon Incase major changes
Rone of the. nak evgsemont of Ia project mor tine,
Sovsspnent otcy nancial or tecneal changes: and ie 10
‘eoury o: heath a prconne
7. Obligation to provide information
Gizisentadtoveiew at any te the progess sn rsuts chives
Suing te enpmeniaion of tne comission. The Canter shall
‘nour nate dosumene nacessry i hs gard avo avaale a
[tenes and ena provido the ntravon requ lth request of
{Gi2he Contactor sal ig turin voravon to thd patos and
‘acitat and cooperate appropriately wih ay inspections
8, Termination
81 Gizmay terminate tho contract at ary tm ether why orn
foapost ol india pars he works o services.
G2 GIz terminates the conc! on rounds for which the
Contract ot respon, the Contactar shall bo ered to
‘omar the agrees sum in remuneration. However, tho Conactor
‘hal apow to ine deduaton of onsncurted or aveldabe expenses
‘So of ony amourta win game by weding elsewhere, 0: Dy
Imai inet as to ear
2 1 GI temnates the contact on grounds tor which the
onvactr ie responsible, remuneration shal be paid for the
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woananvaosskoady xsd, tothe extent that GIZcan make use
‘Pits in aceardane wath to conract pcos, or tha pat actully
‘xecuted shal ba remunerated as «propo of he eal coral
‘torsleniogs on tho tae othe contract poss
Spans willbe rmuneraeain te sumo proportion The work ht
has boon exectod but hat Iz cannot ui shale reured to he
Contractor atthe hates expense, Isola asthe contract inalves
fenderng ences, te sercesrndared up oe dat ofteminaton
‘Shallow rested se uessie Th ight of Gz claim damages roma
nateced,
Ba "GIS is amiled to terminate the contract immediately in
‘otordanes wth sacon 8: the Constr or parson acting 09
thoirSahaf ges or fers a git rotor bene to a Gz enpoyoo, a
{amy member of a GIZ employee, or any ster person sssoaalod
‘nih ho employee i conneson wth the award or exocston of The
‘onmsson The same appies fhe Contato person acting on
‘i boha eccape ite ooh bret tom tre parts mconnecon
the exec tthe omrssson
8. _ Health requirements and exclusion of labity
onraiors sre texponsbo fo enuring the hey and the personnel
Ssugnad by tne fo he pojct sll tha haath requirements fo
‘ron the cour of assignment. The Contractor shal ensure tht
‘Porecessay incelatore are olined. GI dsc any hab fr
‘ropory demage, sekress, personaly or doth roepect ole
Berator and the personel sssgned by the Conrecor (0 he
prole The Contractor undorakos to pucrasesufiint insurance
ive fortes and for the personnal f assignee projec. Te
‘Gorratormue prove evidone of compares wih his requirement
‘requested by GZ. Glz vl not remours tho Contractor othe cost
‘fang ou noah ie and scoot ncurarce
10, Remuneration and terme of payment
10:1 The contactualy ard remuneration ates ar binding,
430.2 Me Contractor’ feral or he fa rat of any exper sesgnes
by tne Contactar covers al pusonel costs, ncusng enelary
Personnel cose: backeoppng, communist and reporing costs
od a ovemende, prof. tele ko, fe. The Conracior must
‘rovde evidence of alte worked
10:3 The foe le bazed onthe contractually agreed uit (e.g exert
hou, expr day, expertmertn). Uns cea haa agreed caret
bo ivoeed. spent month are agrees in he contac. an expe
‘month ie 30 caoraa dye,
4044 Asa, payments willbe mado onl on eee of the eleva
Tore, Ale necotenryvouthere most bo atached nthe oral,
105 Any rebates scouts, rtunds and ether price reductions must
Bepassed on te Gz
10: The Contactor shall suit he tal voice together wih he
Cermente ot ptrmarcelsccestance signed bythe fleet
Fesponeble for the commision recat ater the end ofthe
‘onractuay agreed period of asslgrmant ortho corral agreed
{ime for completion tthe work. The voice must be veritable and
tontain a me nocscary deta (and al the requed dacumertary
‘rtdanca Immediately ater invscing, to Covi sall elmouse
fe GAZ those anouris paid by tele In excess offs ably for
pyran
FF Soriractor dose nt euomit the fa voice win theon days
Of acepr o8reminga frm Glz, i shal be obtged fortuna he
‘vance payment mmosiaty.
{To cite 0 he Conraco Yl due upon expiry ot vetieaton
Pot ol heen cave afer roc othe nl Iwata, and apoheabe
eceptane ofthe work. The paral onl payor wl be adeno
itor an tiny daye aor he claims becer Guo, Me amount
‘coibiahed end where apps, corrects by IZ.
$07 The slam ofthe Contract to remuneration asing tom the
trot il come siatte-onres tay are et presoniod 16 GIZIN
‘wing tn one far.
Yos “Core n'a Sen curency wi bo ctlod, as a general le, at
the ale shoo by the corespording voucher orto purchase oh
{orogn exchange fo be tached tone Cortrecer’ irvles, auch
vouchers are nt tached, cutecios ineuaea nthe monthly C12
Ak aexchango-ate et wl be converted at the appable rae given nts
ies
409 19 Contrectr Is cig to provid cotateral nthe arm of a
bank guarantee, he conant must bo” approved by GIZ. Such
{uararoee musi be issued by a bark acoptable to SZ, must be
Stthout any une letaten arr orain an exGtlt waiver of ay
flew or atfecton, Moreover, toy must be payable upon to Het
fniten demand of Giz and contain a decaraton that plac of
|lsdaton wilbe Frankl ar Man, Faderal Repub of Garay.
11, Procurement of materials and equipment
Inn case one conbactualy agree procurement of mateals and
‘yepment, contention of handover to fhe recipient seigntodin he
tonet must be submited i ation to tho voueers requred
pursuant secon 1.4 Procurant cere may oly be placed wih
‘usliled and corpstent provisrs on costfsent terms and onthe
aos ot comaeton: The Comracioe must exercise do ore wih
‘gard to tenaperency, equaly of veatment andthe egy of
‘SSitrain ganera threo compara ge must bo eblarad. The
‘Corractr shal observe te ‘Gz ules fr iventorng and handing
‘var aqupmant and malra’(eze tha lz homopage wa.
Under ‘Procurement "and en "Inport documents = Serves
sonvects}.
12, Sanctions ist chock
Wen implemering tho. contact, the Contractor must take
“potccte stato enero te loners ito ara martaie busoss
‘Blaine only hs auc ra pars that are rel ante whem no
Story ban on entering ro business sates. In prteulr” the
Sanat shat anaure tht th Tun and esonome resources
‘vided we nether Grecy nor ioc mada. vali to thd
‘arto that sr ated on m sanctions lst ssuod by tha Unie Nations
teary Counc tho EU or he Federal Republic of Genrany
Frrbarmor, wen iplemsning Hs corral, the Contec shal
frau tha doesnot engage in any astuy that wou eonstle
teach of embargose or ry altar tae vesbeters sued by Ie
UUsteg Nations, tio EU rine Fadel Ropubic o Germany
48. _AccoptancolCortieate of performance
Cantrmaton thatthe work has Sean accoptodporermed must be
‘Savory of he work tothe ier respon fr tho commision
‘Recoparcaperormance "ol the "works 0”, seves. shale
ocumented oy means ot the corteato et pevormancelscceptanes
grad by th effeor responsible for the commission. Advance
paymeste_ and payments om accout ‘do ot conse pata
Estoplance, However. pail aoceplane procedures maybe agrees
{or sectone ofthe won Final paymart by Giz dose not consul
‘eapance
14. Covenant against assignment
‘The asegement fame asing om th convactls excluded, unless
lz has agreed to auc asipnment in wing.
48, Contractual penalty
16: he Contactor fe fo mee he ages ceiver date and
eaaines oro cater the work mihin the plod a tac ct by GIZ,
thon Gls ened, ae soon asthe period of grace has expred, 10
(domand a contactual pena of 5 af tho femuneraion foreach
steak tit bepine stor exnry ath st pti pre, Momever, the
ovactusl penaty. shel exceed 2 tool of 10% of the
SE2 In each ofthe eases spectod in socton 84, he Contractors
higed fo pay Guz a eonracual pony ef EUR 25000 for each
‘orrmisson:howover. he peal payable shal amount a ast the
‘alue ofthe beni gintea, Futter nights of Gz fo earn campos
Shall remain urafostes. However, tha cortactual ponaly shal be
ducted rom suoh dame for damagos.
46. Liability
‘Tha contractual abit othe Gontzacta is mite to EUR 300000.
the total contract valu ovenode this gue, tbe Corvact's habs
“hal be fmfed fo fhe tt! corral valu. Tals ktaton of Faby
oes nt app eases olintent or gross noglgonco one part olthe
avb-lokal-en.docx(o72017)
giz
Contractor. Futharmote, 1 ds nt apply to os of Me, boy run
rdamage te hea
Applicable lewiPlace of jurisdiction
cones eubjct 16 lave. ofthe Federal Republe of
Germany. The exlveve. places ot juiesoton are Bom ad
Frankurthain# the Conragor & a morchart or legal ety or
posal fund unde pl aw, or ds not have a gonetl place oh
[neeton nine Federal Repub of Gormany. GIzmay also insta
proceedings agains he Contract: tor tne competent cout fre
Fiore pace! residence or place of business or habiual place o
resisose,
18, Amendmentsrviten form
‘The contat any amendments snd sdons to the corract and a
ata eomuneatone mst be made in wing torr obs vad
18, Components ofthe contract
‘he comparant the coat 36
{he conact wih ts annexes,
2tnece General Teme of Corral (oc)
{nthe event hat hero i any cecrepancy or eontradion between the
ompanets ofthe corral, the above eomponeris ofthe cont
lyin he torn won ay ar ste.
inthe event of ay Secrepanty oF corrections botwoen annexes,
tha povsonn he sex wth the ower ruber sal 36.
“ihe Contractors gonaraltans an condton of busines of paynnt
ano 03).
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