You are on page 1of 115

Gas Transmission Company Limited

(A Company of Pctroban gla)

Plot no: F-18/A Sher-E-Bangla Nagar Administrative Area


Agargaon, Dhaka-l207

REQUEST FOR PROPOSAL

FOR

THE SELECTION OF CONSULTING FIRM (INTERNATIONAL) FOR


CONSULTANCY SERVICES FOR CONDUCTING FEASIBILITY
STUDY FOR MAHESHKI-IALI/MATARBARI-BAKHRABAD 3,d
PARALLEL GAS TRANSMISSION PIPELINE PROJECT.

(Lump Sum -any amount)

In vitation for P roposals N o_ - 28_14 _0000 _185 _65 _00 1_23_ 132 1
Issued on . 06- 12-2023
Proposa l Packa.ge No_ OI(One)

~
~
'",c r' G'
;p '"'
'"
~ or.e .~ ....",.-..-.. ~'"
,:

i ~ ~
"'-boo {)'>;.v
Table of Contents
S(.."Ction J. Instructions to Consultants ...................... ... ..... .. ............................... ..... " ...... .......... 1
A. Gencl·a l ......... ................................... .......................................................... " ............ ,1
1. SCOIIC of Proposa l 1
2. Int crpl'elation 1
3. Source of Funds 1
4. COrl'UPI. Fraudulent , Collusive or Coercive Practices 2
5. ~ ligib l e ConsultAnts 3
6. Eligi ble Sub-Consultants 3
7. Eligible Serv ices 4
8. Connie! of Interesl:Gcncral 4
9. Connlcling Activities 4
10. Conflicting Assignm ents 4
11. eOnmeling Rcla liollsllillS 5
12. Unfa ir Advantage 5
13. Site Visit 5
U. Request for Proposll!. .... , ............................................... ........ ..... , ..............., ............... 6
14. RfP Docununt : Gf nera l 6
15. C larification of RfP Doc um ent 6
16. Pre-I'roposal meeting 6
17. Addendum to Rf' 1' Document 7
C, Proposa l Preparation .. , .......... , .... ........... ......... , ..... ... , .. , ...... , .... " ., .. .... .... , . .. .......... , .. ... ,7
18. l'ropos3 1: Only one 7
19. I'roposa l: PrepnrlHion Costs 7
20. Proposal: Lang uage 7
21. Proposnl: Documents 8
22. Proposal: Preparallo n 8
23. Tec hnica l PrOIlOsll l l'reparatlon 8
24. Tec hn ica l ProposHI: Format and Content 10
25. Fina neial l'roposa l PI'f paration 10
26, Fina nclal Proposn l Format and Content 11
27. T axes 11
2M. C lient's Sen -iccs, Fucilities and I'roperty 11
29. Proposal C urren cy 11
30. Proposal Validity 12
3 1. Extension of Proposal Validity 12
32. I'roposal Format and Signin g 12
D, Proposal Sub nlission" .... " ............... " ....... .., ... ,', ... " ....." .. , ........... ........... ...... " .......... 13
33, I'ropus al: Scal in g and Marking 13
34, Proposa l: Submissio n Deadline 13
35. Proposa l Submitted Late 14
E. Proposal O p eni ng and Eva lu ation ......................................... ..... , ....... ......... ." ...... .... 14
36. Technical Proposa l O penin g 14
37, Restriction o n Disclosne of informa tion Re lati ng to I'rocurement P rocess 14
38. ClarifIcalion on "ro posal 14
39, PrOI)osal Eval uatio n :Gene ral 14
40, Examination uf Co nnict of I nl ere.~t Situation 14
4 1. 1' l'Opos aJ Technical [vn lu ntion 15
42, Fillllllcial Prol)Qsal Openin g 15
43. PrOI)OSI I: Fi na ncia l Eva luation 16
44. Corrrr tion of Arithmetical 16
45. I'ro pus:!.l: Com bill ed Evaluation 17
46. Proposal Negothltlon:Gene ral 17
47. PrO I)Osa l Negotiation: Terhn lcal 18

ii
48. PrOI)Osnl Negotia tion : Financial 18
49. AW\l la bility of Profession:'!1 staff/ex perts 19
50. Prol)Osai Negot iAtio ns: Con clusion 19
51. Rejection of:lll " roposals 19
52. Inform ing l{easoliS for Rejection 20
F. Contract A" ·ard ..................... ................. ................. ........... .... ............... ....... ........... 20
53. AWllr{lofConlrnct 20
54. Publicution of Award of Coni rae I 20
55. Debriefing 20
56. Com menceme nt of S CI' vices 20
57. Consultants Right to Complain 20
Section 2. Proposal Data Sheet...... ... .... ... . .. ...... .. .... ...... ... .. ...... .. ...... ........ ...... ............ .. .. 22
Section 3. General Conditions of Contract ... ... .... . ..... ......... ... ..... ... ..... ... .. .......... 33
A. Generll l Provisions ................ ...... ...................... ......... ....... ....... ... ... ..... ........... ... .... ... 33
I. Definitions 33
2. Phasell Completiou 34
3. Conuuunieneions and Notices 34
4. Govcl'lling Law 34
5. Go\'erning Lllngungc 34
6. Documcnts Forming th e Conlra\,:l in Order of Precedence 35
7. Assignment 35
8. Eligible Serviecs 35
••10. Comm issions and I<ees
Joint Venture, Consortium or Associ:ltion (JVCA)
35
35
II. Authority of Member in Charge 36
12. Autho rized Representatives 36
13. Relation between the Parties 36
14. Locationtion 36
IS. Taxes & Duties 36
16. Corrupt, Fraudulcnt, Collusi,·c 01' Coercive Practices 36
n. COllllllencement, Completion and Modification ..... ............... ..................................... 38
t 7. Effectiveness of ContrAct 38
18. Effective Dnle 38
19. Termination of Contrllct ror Failure to Become Effect ive 38
20. Commencemcnt orServiees 38
21. Expiration of Contra ct 38
22. Modifications or Variations 38
C. Consulta nt 's Personnel and Sub-Consultants ..... ........................ ............................... 39
23. General 39
24. Description of Personnel 39
25. AI>provai of Personnel 39
26. Working I-lours, Ovcr time, L(,flve etc. 39
27. Removal Rnd/or Repl:lCemenl of Personnel 40
0. Oblig:ltions or the Consult:lnt ... ......................................... ..... .... ............................... 41
28. Sta ndard orPerfOl'mance 41
29. Con niet of Interests 41
30. Consult:mt Not to Bencl'it from C om missions Discounts etc. 41
31. Consultant a nd Affiliates not 10 Engllgc in Certai n Activities 41
32. Prohibition of Conflicting Activit ies 41
33. Confidential ity 41
34. Liability of the Consulmnt 42
35. Insurance 10 be taken out by Ihe ConsultAnt 43
36. Accou nting, Inspection and Auditing 43
37. Consultant's Actions Rcquil'ing CJ ient '~ Prior Approvnl 43
38. Rellorting Obligations 4
'"<.f\l\\ng D
eQ
~ iii . l(i~%1
\~~$:~~A'h
'~:J1
39. Propr ietary Rights 011 Documents Prcpllrcd by the Consultant 44
40. I'roprietary Rights on Equipment and Materinls Furnished by the C lient. 44
E. Obligations of the Client ........................................................................................... 44
41. Assistance and Exemptions 44
42. Access 10 Land 45
43. Chfl1lgC in the Applicable Law Related to Taxes 45
44. Services, Fllcililies and Property 45
45. Payment 46
46. Coullt('l"part Personnel 46

F. PaYIllcnts to the COllsu ltants ...................... ......................................... ................. ..... 46


47. Cost Estimate of Sen-ices: Ceiling Amount 46
48. Payments: General 46
49. Lump Sum Remuneration 47
50. Contract Price 47
5 1. Modes of Billing and I' ayment 47
52. Advance Papllent 47
53. Interim Payments 47
54. Amendment to Contract 48
55. Final Payment 48
56. Suspension of Payments 48
G. T ilne Control ..... ........................................................ ..................................... . ........ 48
57. Completion of Services 48
58. Early Warning 48
59. Extension of the Intended Completion Dale 49
60. I'rogress Meetings 49
H. Cood Faith ........ ...................................... .................................. ............................... 49
61. Good Faith 49
62. Fairness in Operation 49
I. Termination and Scltlcmenl of Disputes .................................................................... .49
63. Termination for Ddault 49
64. Termination for Insolvency 50
65. Termination for Convenience 50
66. Termination because of Force Majeure 50
67. "orce Majeure 50
68. No Breach of Contract 51
69. Measures 10 be Taken on Force Mujeure 51
70. Cessation of Rights and Obligations 52
71. Cessat ion of Services 52
72. Payment upon Termination 52
13. Disputes about Events of Termination 52
74. Settlement of DisJlutes 52
Section 4. Particular Conditions of Contract ... 54
Section 5. Proposal & Contract Forms .......... .... 58
SA. Technical Proposal- Standard Forms .. ..... .................. .. .......................................... 58
Form SAl Technical Proposal Submission Form 59
Form SAl Consultuut 's Organization and Experience 60
Form 5A3 Comments & Suggestions on the Terms of RefeJ'ence &, on Services & Fac ilities to be
Provided by the C lient 62
Form 5A4 Description of Approach, Methodology anti Work !'Ian for Performing the A&'I ignmen t 63
Form 5A5 Work Schedule 64
Form 5A6 Team Composition and Task Assignments 65
f' orm 5A 7 Staffing Schedu le 66
Form 5A8 CUl'riculum Vitae (CV) for Elich Proposed Professional Staff 67
SB.
Form 5UI Financia l Proposal Submission Form 70
!,'orm 582 : SUnlIlIli ry of Costs 72
Form 583: Breokdown of Costs by Activity· 73
Forni 51J4: Breaktlown ofRemuu(,rRtlon l (Lump-Sum) 74
.' orm 5BS: Breakdown of n.el mbursa ble Expenses (Lump-Sum) 75
s c. Stan dard forlll ofContrflct Agreemcnl ..... , ............. , ............................................... 81
5D. Appendices ...... ... ............................................ ........ .................. ,', .......................... 83
Section 6. Terms of Reference .................. ...................... .... .. ......... , .. ........ ... ..... .. ........ .. 88

v
Section]. Instructions to Consultants
A. General
I. Scope of PmJlosal 1.1 TIle Client, as indicated in the Proposal Data Shcet (POS), issues this
Request for Proposal (RF P) for the provision of Services as specified
in the PDS and descri bed in details in Section 6, Terms of Reference
in accordance w ith the method of selection specified in the POS.

1.2 Only those shortlisted Consu ltants ind icated in the Leiter o f
Inv itation are eligi ble to submit a Proposal for the consult ing services
required for the assignment.

1.3 TIle successful Consultant shall be required 10 com plete the Services
as specifi ed in the General Cond itions of the Contract and in
accordance with the phasing indicated in the PDS. When the
assignment includes several phases, the performance of the
Consultant under each phase must be to the Cli ent's satisfaction
before work beg ins on the next phase.

2. In terpret ation 2.1 ·J1lroughout this RFP Document :


• the term " in wr iting" means communication written by hand or
machine duly signed and includes properly authenticated
messages by ti"lesi mile or electronic mail;
• if the context so requi res, s ingular means pl ural and vice
versa;
• " day" means calendar day unless otherwise sIX'Cified as
working days
• " Rcqu cst fo r P roposa l Doc ulIl e nt" means the Document
provided by the Client to a short -listed Consultant as a basis
for preparation of the Proposal; and
• "Proposal" dc pending on the context, means a Pro posal
subm itted by a Consul tant fo r del ivery of Services to n Cli ent
in response to an Invitation for Request for Proposal.

3. So urce of Funds 3.1 The Client has been allocated ' public fu nds' as indicated in the PDS
and intends 10 apply a portion orthe funds to eligible payments under
the Contract for which this rtFP is issued.

3.2 For the purpose of this provision, " pub li c fun ds" means any fu nds
allocated to the Clicnt under Government budget, or loan, grants and
credits placed at the disposal of the Client through the Government
by the Development Partners or foreign states or organizations.

3.3 Payments by the Development Partncr, if so indi c<l.Ied in the PDS.


will be made only at thc request of the Government and upon
approval by the Development Partner in accordance with the
app lica ble Loan/Credit/G rant Agreement, and will be subjL'Ct in all
respects to the lerms and conditions of lhat Agreement .

"
4. CorruJlt, Fraudulent, 4.1 The Government requires that Cli ent, as we ll as Consultants, shall
Collus ive or Coercive observe the highest standard of ethics during the implementation of
Practices the procurement proceedings and the execution of contracts under
publ ic fund s.

4.2 In pursuance to this policy, the Client defines, for the purposes of
this provis ion, the terms set forth be low as follows:
nl "Corrupt practice" is the offering, giv ing, receiving or
soliciting, directly or indirectly, of anyth ing of val ue to
innuence improperly the act ions of another party;
(ii) Fraudul ent practice" is any act or omission, including
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain fi nancia l or other
benefits or to avoid an obl igation;
(iii) "Collusive practices" is an arrangement between two or more
parties designed to achieve an improper purpose, including to
influence impro perly the actions of other party;
(iv) "Coercive practices" is impairing or harming, or threatening
to impai r or hann, di rectly or indirectly, any party or the
property of the party to influence improperly the actions of a
party;
(v) "Obstructive Practice:
(aa) deliberately destroying, fa ls ifying, altering or
concealing of evidence materials to the investigation
or making fa lse statements to investigators in order
to materiall y impede a Clie nt investigation into
allegations of a corrupt, fra udu lent, coercive or
collusive practice; andlor threatening, harassing or
intimidating any party to prevent it from disclosing
its knowledge of matters relevant to the investigation
or from pursuing the investigation, or
(bb) acts intcnded to materially impede the exercise orlhe
Client's/Loan giving Agency's inspection and audit
rights.

4.3 The Government requires that Client, as well as Consultants shall,


during thc Procurement proceedings and the delivery of Services
under public fu nds, ensmc-
(a) strict compliance with the provis ions o f Section 64 of the
Public Procurement Act, 2006;
(b) abiding by the code of ethics as mentioned in the Rule l 27
of the Public Procurement Ru les, 2008;
(c) that neither it 's any officer nor any staff nor any other agents
nor intermediari es working on its behalf engage in any such
practice as detailed in ITC SubClause 4.3 (b).

4.4 Shou ld any corrupt or fraudulent practice of any kind referred to in


ITC Sub Clause 4.2 come to the knowledge of tile Client, i I. in

2
the first place, allow the Consullant to provide an explanation and
shall , take act ions only when a satisfactory explanation is not
received. Such decision and the reasons shall be recorded in the
record of the procu rement proceedings and promptly com municated
in writing to the Consultant conce rned.

4.5 If corrupt, fi·a udulcll t, collusive or coercive practices of any kind is


determined by the Client against any Consultant alleged to have
carried out such practices, the Client shall :

(a) exclude the Consultant from part Ic Ipation in the


procurement proceedings concerned or reject a Proposal for
award; and
(b) declare the Consultant ineligible, either indefinitely or for a
slated period of time, from partici pation in Procurement
proceedings under pu blic fu nd;
if it, at any time, detennines that t he Consultant has, directly or
through an agent, engaged in corrupt, fra udul ent, co llusive or
coercive practices in competing for, or in executing, a Contract under
public fu nd.

4 .6 The Consultant shall be aware of the provisions in Section 64 of the


Public Procurement Act, 2006 and Rule 127 of the Public
Procurement Rules, 2008 oCthe Government of Bangladesh.

4.7 The Government requires that the Client's personnel have an equal
obligation not to solicit, ask for and/or use coercive methods to
obtain personal benefits in con nection with the said Procurement
proceedings.

5, Eligib le Cons ull ants 5. 1 TIl is Request for Proposal Document is limited to short li sted
Consultant(s) only .

5.2 The Consultant has the legal capaci ty to enter into the contract.

5,3 The Consul tant shall not be under a declaration of ineligibility fo r


corrupt, fraudulent, coll usive or coercive practices as stated under
ITC Sub Clause 4.2.

5.4 The Consultant has fu lfill ed its obligations to pay taxes and social
security contributions under the re levant nat ion al laws and
regu lations.

5.5 Government omcials and civil servants, including persons of


autonomOllS bodi es or corporations, satisfactory to the condit ions as
stated under ITC Sub Cla use 11 .3, may be hired \0 work as a member
of a team of Consultants.

6. Eligible Sub-Consultants 6.1 TIle requirements for eligibi lity as staled under ITC Clause 5 will
extend to each Sub-Consultant(s), as applicable .

3
7. Eli gi ble Serv ices 7.1 Goods supplied and Services provided under the contract may
originate may originate from any country except if,
i) as a member of law or official regu lation, the Cli ent prohibits
commercial relations with that country; or
7.2 By an act of compliancc with a decisions of the Un ited Nation ' s
Security Council takcn under Chapter- VI I of Charter of the Charter
of the UN, the Client the Client prohibi t any import of Goods from
that country or any payments 10 persons or entities in that cpUlry.
7.3 All material, equipment and s upplies used by the Consultant and
Services to be provided under the Contract shall have their origin in
countries other than those specified in the PDS.

H. Co nflict of 8. 1 Consul tants and all parties constituting the Consultant shall not have
1nterest :GcllcraJ a Confli ct of Interest (COl), pursuant to Rule 55 of the Public
Procurement Rules, 2008.

8.2 COl shall mean a sit uation in which a Consu ltant provides bi ased
professional advice to a C lient in order to obtain from that Client an
undue benefit for himself/ hersel f or affiliate(s)/associate(s).

8.3 The Consultant, incl uding any of its affiliates or associates, III
deference to the requirements that the Consultant provides
professional and objective advice and at all times hold the Client's
interests paramount, shall strictly avoid conflicts with othcr
assignments or its own corporate inlcrests, and act without any
consideration for award of a future work and mllst not have a
Connict of Interest (COl), shall not be recruiled under any of the
circumstances specified in ITC Sub Clauses 9, 10 and I I.
9. Conflict ing Activities 9. 1 If any Consultant has earlier been engaged by a Client to supply
Goods, perform Works or provide physical Services for a project,
then that Person and any of its affiliates shall be disqualified from
providing consulting Services related to those Goods, Works or
Services.

9.2 If any Consultant hired to provide consu lting Services for the
preparation or implementation ofa project, then that ConSllltant and
any ofils afli limes, shall be disquali fi ed from subsequent ly supplyi ng
Goods, providing consult ing Services, performing physica l Services
or Works resulting from or directly rel ated to the Consultant'S earl ier
cons ulti ng Services.

[For the purpose of ITC SlIb Clollse 9.2. sen'/ces olher than con.wlting
j'el"l'kes are defined us thos(1. leadilJg to a mea.lllmb!e plry.~ica! mllp/ll. for
example .fIIrw),s, exploratOlY (/rilling. aerial photography, alld sntellite
imagery]

10. Conflicting Assignm ents 10.1


[Pm· the p/lrpose of ITC 5ltb Clall"f 10 I. II Consulta nt hired 10 p repare
engineering design lor (III illfrastrllclure fJl'ojecl shaff 110 1 be I!lIg(lged 10
p repare (III independent enrirolllluwt(11 assc:ss mcnl for Ihe same project, and
a COIISII/ttl/ll assisling G Client inlhe prh'Gli:tlflon olpll blh" assel" "hall nOI
p/ll'(:h(l.~e, lIor addse Chellis of slleh asset.\'. SlIIlilarly. a Consliitalll hire(/ fa
prepare Terms of Reference lor an assigllmclll sholl lIul be hired fo r Ihe
a.uigllmenl ill q llestion]

11. Connicling Relationshi ps 11.1 A Consultant , it's Personnel and Sub·Consultant that has a business
relationship with a member of the Client's staff involved in the
procurement proceedings may nol be awarded a Contract, unless the
confl ict stemming from Ih is relations hip has been addressed
adequately throughout the selection process of the Consultant.

11.2 Client's offi cials, who have an interest, directly or indirectly, with a
firm or individual that is participating or has participated in a
Procurement proceed ings of thai Client, shall declare ils rel ationship
with that fi ml or indi vidual and consequently not participate in any
proceedings concerned with Ihal specific Procurement at any stage
includ ing from when the specifications arc writt en and qualifi cation
criteria are established up to the Supply of Goods or execution of the
Works are completed and, until all contractual obli gations have been
fulfill ed.
11.3 Government offici als and civil servants includi ng ind ividuals from
autonomous bod ies or corporations whil e on leave of absence
without pay are not bei ng hired by the agency they were working for
immediately before going on leave and, their employment will not
give rise to Confl ict of Interest, pursuant to Rule 112 (9) of the Public
Procurement Rules, 2008. \Vhcn the Cons ultant nominates any such
employee as Personnel in their Technica l Proposal , s uch Personnel
must have wrinen cert ifi cation from their em ployer confi rmi ng that
they are 011 leave without pay from their offici al posit ion and allowed
to work full · time olltside of their previous offi ci al position. Such
cert ification shall be provided \0 the C lient by the Consult11 nt as part
of his/her Technical Proposal.

12. Unfair Advantage 12. 1 If a shortlisted Consultant could derive a competitive advantage from
having provided consulting services related \0 thi s pl"Oposcd
assignment, the Clien t shall make avail able to all shortlisted
Consultants together with this RFP Document all information that
would in thaI respect give such Cons ultant nny competitive
advantage over the competing Consultants.
13. S ite Visi t 13. 1 The Consultant, at its own expenses, responsibil ity and risk is
encouraged to visit and exami ne the Site and obta in all information
t)lat may be necessary for preparing the Proposal and entering into a
Contract for Services ( if selected)

13.2 The Consul1 anl should ensure th at the Client is advised of the visit in
adequate time to allow it to make appropriate arrangements.

5
B. Request for Proposal
14. R FP I)ocum ent : Gener al 14.1 The Sections comprisi ng the Request for Proposal are listed below
and should be read in conjunction with any AddenduJIl issued under
ITe Clause [7.
Section 1 : Instruct ions to Consultants (I Te)
Sec ti on 2: Proposal Data Sheet (PDS)
Sec tion 3 : General Conditi ons of Contract (GCC),
Section 4: Particu lar Conditions of Cont ract ( PCC).
Section 5: Proposal and Conlract Forms
Section 6: Terms of Re ference (ToR)

14.2 The Consultant is expected to examine all instructions, ronns. tenu s,


Terms of Reference (ToR) in the Rrr
Document as wel l as
Addendum, if any.

15. Clarification of RFP 15.1 A Consultant requi ring any clarificati on orthe RFP Document shall
Document contact the Client in writ ing at the Client's address indicated in the
PDS before two-third of the time allowed for preparation and
submission of Proposal elapses.

15.2 The Client is not obli ged to answer any clarification request received
aller that date as stated under ITC Sub Clause \5.1 .

15.3 The Cli ent shall rcspond in writing withi n five (5) worki ng days of
receipt of any such request for cl ari fication received under ITC Sub
Clause 15.1 .

15.4 TIle Client shall fo rward copy of its response to all those shortlisted
Consultants. including a description of the enq ui ry but without
identi fying its source pursuant to Rule 117(22) of the Public
Procurement Rules, 200 8.

15.5 Should the Cli ent deem it necessary to revise the RFP Document as
a result of a clari fi cation, it will do so following the procedure under
ITC Clause 17.

16. Pre- Proposal meeting 16.1 To clarify issues and to answer questions on any matter arising in the
RFP, the Client may, if stated in the PDS, invite shortlisted
Consultants to a Pre-Proposal Meeting at the pl ace, date and lime as
speci fi ed in the PDS. T he Consultant is encouraged to attend the
meet ing if it is held.

16.2 Minutes of the pre-Proposal meeting, incl uding the text of the
questions raised and the responses given, together wi th any responses
prepared afte r the meeting, will be transmitted without de lay to all
the shol1-listed Consultants not latcr than seven (7) days of the date
of the meeti ng. Any revision to the RFP Document that may become
necessary as a result of the pre-Proposal meeting shall be made by
the Client exclusively through the issue o f an Addendum pursuant to

r 6
ITC Clause 17 and not through the mi nutes of the pre-Proposal
meeting.

17. Addendum to RFP 17.1 At any time prior to the deadline for subm ission of Proposal s, the
Document Client, for any reason on its own initiative or in response to a
clarification request in writing from a short listed Consultant, may
revise tIle RFP Document by issuing an Addendum.

17.2 The Addendum issued under ITC Sub Clause 17. I shall become an
integral part of the RFP Document and shall be comm unicated in
writing to all the short listed Consultants, to enable the Consultants
to take appropriate action.

17.3 To give a short li sled Consultant reasonable time to take any


Addendum into account in preparing its Proposal, the Client may
extend the deadline fo r the submission of Proposals pursuant to Rule
117(22) of the Pub lic Procurem ent Rules, 2008.

C. Proposal Preparation

18. Proposa l: Only one \ 8. 1 A short listed Consultant, including its affili ate(s), pursuant to Rule
96 (2) of the Public Procure ment Rules, 2008, may submit only one
(1) Proposal. The Consultant who submits or pm1icipates in more
than one (I) Proposal will cause all the Proposals of that particular
Consultant to be excluded.

! 8.2 A nrm, proposed as a Sub-Consultant in any Proposal pursuant 10


Rule 53(2) of the Publi c Procurement Rules, 2008, may pal1ic ipate
in more than one Proposal , but only in tile capacity of a Sub-
Cons ul tant.

18.3 A short-listed Consultant submilling a Proposal individually pursuant


to Rule 53(5) of the Pub li c Procurement Rules, 2008, or as JVCA
partner, shall not be acceptcd as Sub-Consultant to any other short-
li sted Consultant in the same procurement process.

19. Prol)osa l: Preparation 19.1 The Consultant slmll bear all costs associated with the preparation and
Costs submission of its Proposal and contract negotiation. The Client sha11
not be responsible or liable lor those costs, regardless of outcome of
the procurement process.

20. Proposa l: La nguage 20.1 The Proposal shall be wri lten in the English language.
Correspondences and documents relat ing to the Proposal shou ld also
be wrilten in English Supporting documents and printed literature
furn ished by the Consultant that are part of the Proposal may be in
another language, provided they are accompanied by an accurate
translation of the relevant passages in the Engli sh l~nguage, in which
case, for the purposes of interpretation of the Proposal, such
translation sha11 govern.

I
":::Jff \

7
21. Proposal: Documents 21. 1 The Proposal prepared by the Consu ltant shal l comprise the
fo ll owing:
(a) Tec hnical Proposa l;
(b) Financial Proposal;
(c) any other documen t requi red as stated in the PDS.

22. Prol)(Jsa l: Prcparation 22.1 In preparing its Proposal, the Consultant shall examine in detail the
documents comprising the RFP Document. Material deficiencies in
providing th e information requested may result in non-responsivenss
of !l Proposal.

22.2 The Consul tant shall prepare the Technica l Proposa l in accordance
with ITC Clauses 22 and 23 using the fonn s furnished in Section 5A :
Techn ical Proposal; Standard Forms.

22.3 The Consu ltant shall submit the Fi nancial Proposal in accordance
with ITC Clause 24 and 25 and usi ng the fo nns fUrJ1i shed in Section
5B: Financial Proposal; Standard Forms.

22.4 All the forms mentioned in ITC Sub Clauses 22.2 and 23.3 shall be
completed without any material changes and alterations to its fo rmat,
filling in all blank spaces with the information requested, fail ing
which the Proposal may be considered as being incomplete.

23. Tcchnical Proposa l 23.1 While prcparing the Tec hnical Proposal, a Consultant must give
PreplIratioll particu lar atlentioll to the instructions provided in ITC Sub Clause
23.2 thru 23 .16 inclusive.

23.2 If a Consultant considers that it does not have all the expertise
required for the assi gnment, it may obtain that expertise with othcr
Consul tants or entities in a joint venture or Sub-Consul tancy as
appropriate.

23 .3 The Consultant wishi ng to obtain expertise from other Consultants


or entiti es may participate in the procurement proceedi ngs by
fonning a Joint Venture, pursuant to Ru le 54 of the Public
Procurement Rules, 2008.

23.4 Joint Ventu re agreement, indicating at least the parts of thc Services
to be deli vered by the respect ive partners, shall be executed case -by-
ease duly signed by all legally authorised representatives of the
Consu ltants who are parties to such agreement.

23.5 Jo int Venture, as stated under ITC Sub Clause 23.3, with other non-
shorl -listed Consultants at the time of submission of a Proposal is not
admissible without the permission of the Client, which must be
obtai ned prior to the deadline for submission of a Proposal.

23.6 Joint Venture, as stated under ITC Sub Clause 23.3, among the short-
li sted Consultants al the tillle of submiss ion of a Proposal is not
penn ittcd, and the Client shall dis(l ualify such Proposa l.

r 8
23.7 The composition or the const itution of the Joint Venlure shall not be
altered withoUi the prior conserll of the Clienl.

23.8 The Consul tant appoirning anot her short-listed Consul tant as a Sub-
Consultant, as stated under ITC Sub Clause 23.2. at the time of
subm ission of Proposal will not require prior perm iss ion oflhe Clienl
but in such cases, the Proposa l shoji be submitted in the title of the
shortli sted Consu ltant.

23.9 In the evenl of Sub-Consuilancy, as stated under ITC Sub Clcmse


23.8, the Proposal should inc lude a covering letter s igned by an
authorized represen tative of the short-listed Consultant with full
authority to make legally binding contractual and financial
commitments on behalf of the Consultant, plus a copy of the
agrcement(s) with the Sub-Consli itant(s).

23.10 Sub-Consultancy (s) shall in no event relieve the short-listed


Consultant from any of ils obligations, duties, responsibility or
liabili ty under the Contract.

23. 11 For QCBS based assignments, only the estimated lotal of


Professional staff-months is indicated in the PDS; however the
ava ilab le budgct shall not be disclosed. The Proposal shall be based
on the number of Profess ional stafT-months estimated by the
Consultant.

23.12 For FBS assignmen ts, only the available budget amOllnt, excluding
all local ta'(es and other charges to be imposed under the Applicable
Law if lhe Contract is awarded, is given in the PDS but nOI the
Professional staff-months, and the Financial Proposal shall not
exceed th is budget.

23.13 Proposed professional staff shall have at least the qualificati on


experience indicated in thc PDS, preferably working under
cond itions simil ar to Bangladesh. It is desirable Ihal the majority of
the Key professional sta ff proposed be permanent employees of Ihe
Consultant or has an extended and stable working relationship with
it.

23.14 Alternative Key professional sla ffs shall not be pmposed, and only
one Curricul um Vitae (CV) may be submi tted fo r each position.
Conversely, one Key professional staff is not allowed to offer hislhcr
inputs in more than one Proposal for this particular assignment and, in
this particular procurement process.

23.15 CVs of the Professional slaff signeJ by the staff themselves o r by the
authorized representative of the Professional Slafr slmll be furnished
with the Technical.

23.16 Failure to fulfil the requirements under this Clause may lead (0

incompleteness and subsequent rejection ofthe Proposal.

9
24. T echnical Proposa l: 24.1 Tlle Technical Proposal shall provide the following infonnation using
Fo rmat and Cont ent the attached Standard rorms (Section SA):
(a) Form 5Al: Technical Proposal Submission Form in the
format of a letter, duly signed by an authorised signatory of
the Consultant;
(b) Forlll SA2: giving a brief description of the Consultant's
organization and an outline o f recent experience of the
Consu ltant. Information should be provi ded onl y for those
a~sign lllen t s for which the Consu ltant was legally contracted
by the Clicnt as a corporation or as onc of the major firms
within a Joint Vent ure. Assignments completed by individual
Profess ional staff working privately or through other
Consulting finns, can nol be claimed as the experience of the
Consultant or that of the Consultant's associates, but can be
clai med profess ional staff themselves in their CVs .
Cons ultants should be prepared substanti ate the cl ai med
experience ifso requested by the Client.
(c) Form SA3: indicating comments and suggestions that the
Consultant may have on the Terms of Reference to improve
performance in carry ing out the ass ignment;
(d) Form SA4: indi cating the approach, methodology and work
plan for perfo nning the assignment;
(e) Form SAS : being the work plan should be consistent with
the Wo rk Schedule and should be in the form of a bar chart
showi ng the timing proposed fo r each act ivity;
(f) Form SAG: being the list of the pro posed Profess ional slarr
team by area of expertise, the positi on that would be assigned
to each staff team member, and their tasks;
(g) Fonn SA7: being the Est imates of the staff input (staff-
months of foreign and local professionals) needed to carry
out the assignment. The stafT-months should be indi cated
separately fo r home office and fie ld activities, and fo r fo reign
and local Professional starr;
(h) Form SA8 : being the CYs of the Professional staff signed by
the respective staff member or by the authorized
representative of the Profess ional Staff submitting the
Proposal;
(i) Plus, a detailed description of the proposed methodo logy,
staffi ng, and staffing for training, if the PDS speci fie s
training as a specific component of the assignment; and
m Any additional information that might be requested in the
PDS.

24 .2 The Technical Proposal shall not include any financia l information.


A Technical Proposa l containing financial information mil)' be
cOllsidcred non-responsive.

25. Financiall'roposa l 25.1 The Financial Proposal shall be prepared us ing the Standard Forms
Preparat ioll attached with this document. It shall list all costs associatcd
assignment, including (a) remuncrat ion for staff (fo' reign.!t~

10
the fie ld and at the Consultant's home otlice and (b) rei mbursable
expenses indicated in the PDS. [fap propriate" these costs shoul d be
broken down by acti .... ity and if appropriate, into fore ign and [ocal
expenditures.

25.2 All activities and items described in the Technical Proposal must be
priced separately; act ivi ties and items described in the TI;:ch nica l
Proposal but not priced, shall be deemed to be included in the pr ices
of other acti .... ities or items.

26. Financhtl Proposa l 26.1 The Financial Proposal shall provide the followi ng in/o nmu ion using
Format a nd Content the attached Standard Fanns (S(."Ction 5 0 ):
(a) Form 581: Financial Proposal Submiss ion Form in the
format of a letter duly s igned by an authorised s ignatory of
the Consultant. Consultants shall furnish information on
commiss ions and gratuities, ir any, paid or to be pa id to
agents relat ing to this proposal and during execution of this
assignment if the Consultant is awarded the contract, as
rcquested in the Financial Proposal submission form (5Bl).
(b) Form 502: being the Summary of Costs against staff
remuneration and rei mbursable ex penses.
(c) Form 583: being the breakdown of costs agai nst staff
remuneration;
(d) Form 5B4: being the breakdown of costs against
reimbursable expenses. A sample lisl is provided in the PDS:
(e) Form 5B5: Breakdown of Reimbursabl e Expenses.
If appropriate, all these costs should be broken down by acti .... ity.

27. Taxes 27. 1 The Consu ltant may be subject to local taxes (such as: ....alue added
or sales tax, soci al charges or income taxes on non-resident Foreign
personnel, duties, fees levies etc.) on amounts payable by the Clie nt
underthe Contract. T he Client will state in the PDS, if the Consultant
is subject to payment of any local taxes. Any such amo unt shall not
be included in the Fi nancial Proposal as they will not be evaluated,
but they will be discussed at Cont ract negotiations, and applicable
amount will be included in the Conlmc\.

28. Client's Services, 28.1 The Client shall:


Facilitie~ and Property
(a) pro .... ide at no cost to the Consu ltant the services, facilit ies and
property as specifi ed in the PDS ;
(b) make avai lable to the Consult ant , rele ....ant project data and
reports at the lime of issuing the RFP Document; and
(c) assist the Consultant in obtaini ng relevant project data and
reports from othcr related dcpartm entsJdivis ions, which will
be req uired by the Consultant to prepare the Propos.'lI .

29. Proposa l Currency 29.1 Consultant may quote the prices of their services in a maximum of
three (3) currencies, singly, or in combination. The Client may
require the Consultant to state the portion of their price representing
local cost in the natIonal currency If so IndIcated 11\ the pp."",,-=~
~iD;~
11 . ':~" ~~
,~ ~
"-
,• --- -r"':"~
...
_yO/,.
' . .:... . 4
29.2 Comm issions and gratUi tIes, if any, pa id or to be paid by the
Consultants and related to the assignment will be listed in the
Financi al proposal

30, Proposal Validity 30, I Proposal Validities shall be determ ined on the basis of the complexity
of the Proposal and the time needed for its examination, evaluation,
approval and signing of Contract, pursuant 10 Rules 19 ,20 and
117(1 0) o r the Public Procm eme nt Ru les, 2008.

30.2 Proposals shall remain vali d for the period as specified in the POS
after the date of Proposal submi ssion deadline prescribed by the
Client

3J . Extension of Proposal 31, I In justified exceptional circumstances, prior 10 the expiration of the
Validity Proposal validi ty period, the Client may solicit, no t later than tell (10)
days before the expiry date oflhe Proposal validity, compulsorily all
the Consultants' consent to all extens ion of the period of validily of
their Proposals

3 1.2 The request for extension of the Proposal Valid ity period shClII be in
writing and shall state the new date oflhe validi ty of the ProposaL

31.3 The Consultanls consenting in writing to the req uest as stated under
ITC Sub Clause 3 1.2 shall 110t be required or permi tted to modify its
Proposal in any c ircumstances,

31.4 If the Consultants are not consenting in writ ing to the reqllest made
by the Client as stated under ITC Sub Clause 31.2, its Proposal shall
not be considered in the subsequent evaluation.

31.5 The Consultants shall maintain the availClbility of Professional


staff/experts nominated in the Proposal during the Pro posal validity
period.

32, Proposa l Format lind 32.1 The Consu ltant shall prepare onc ( I) origina l of the Technical
Signing Proposal as desc ribed in ITC Cla use 22 and one (I) original of the
Financial Proposal as described in ITC Sub Clause 24 and clearly
mark them ;'O RIOINAL" .

32.2 The Consultant shall prepare the number of copies as specified in the
PDS of each Technical Proposal and clearly mark them "COPY". In
the event of any discrepancy between the original and the copies, the
original shall prevail.

32.3 The original and all copies of Ihe Technical and Fi nancial Proposals
shall be typed or wriuen in indeli ble ink and shall be signed by a
person duly authorized to bind the Consultant to the Contract. The
name and posit ion held by each person signing the a uthorization must
be typed o r printed below the signature.

32.4 An authorized representative of the Consultant shall initial aJl the


pages of the Technica l and Financi al Proposals. The autho rizatio n
shall be in the fonn of a written power of anorney accompanying the
Proposal or in any other fonn demonst rating that the representative

12
has been duly authorized to sign. The signed Technical and Financial
Proposals shalt be marked "ORIGINAL".
32.5 The original proposal (Technical Proposal and, if required, Financial
Proposal;) shall contain no interl ineat ions or overwriting, except as
necessary to correct errors made by the Consultants themselves. The
person who signed the Proposall11ust in itial suc h correct ions.

D. Proposal Su bmission
33. Proposal: Sealing and 33.1 The Consu ltant shaH enclose the original and each copy of the
I\1arliing Tec hnica l Proposal in separate sealed envelopes, duly marking the
envelopes as "TECHN ICAL PROPOSAL" a nd "ORIGINAL" and
"COPY, as appropriate." These enve lopes containing the original
and the copies shall then be enclosed in one single envelope du ly
marking the envelope as "TECHN ICA L PROPOSAL".

33.2 The Consultant shall enclose 1he original of the Financial Proposal in
one single separate sealed enve lope, duly marking the e nvelope as
" FINANCIA L PROPOSAL" and with a warning " DO NOT OPEN
WITH T Il E TECHNICAL PROPOSAL."

33.3 The two envelopes shall then be enclosed in one single a llier
envelope. T he inner and outer envelopes shall:
(a) bear the name and address of the Consultant;
(b) be addressed to the Client at the address as specified in the
PDS;
(c) bear the name of the Proposal ; and
(d) bea r a s tatement "DO NOT OPEN BEFORE (the deadline
for submission of Proposal)" as specified in the PDS.

33.4 Ifall envelopes are not sealed and marked as requ ired, the Client will
assume no responsibility for the misplacement, or premature opening
of the Proposal.

33.5 If tbe Financial Proposal is nOI subm itted in a separate sealed


envelope du ly marked as indicated above, the Proposa l may be
cons idered non-responsive.

33 .6 The Proposals shall be submitted on the basis of this RFP Document


issued by the Cl ient.

34. Proposal: Submission 34.1 The Proposa ls shall be delivered to the Client at the address as stated
Dea dline under ITC Sub Clause 33.3 no later than the date and time as
specified in the PDS.

34.2 The Proposals may be hand delivered or posted by registered mail or


sent by courier. The Client s hall, on request, provide the Consultant
w ith acknowledgement of receipt showing the date and time when its
Proposal was received.

34.3 The Client may. at its discretion on justifiably acceptable grounds


duly recorded, extend the deadline for 1he submission of Proposal~ in

13

/
accordance with ITC C lause 17 and 3 1. It in which case a ll rights and
obligations of the Cli ent and Consultants previo usly subj ect to the
deadline shall thereafter be subject 10 the deadline as extended.

35. Proposa l Submitted Latc 35.1 Any Proposal rece ived by the Cliem after the deadline fo r submission
of Proposals shall be declared LATE and returned unopened to the
Consultant.

E. P roposal Opening and Evaluation


36. Technical Proposal 36.1 The Clien! shall o pen the Technical Proposals immediately after the
Openin g deadline for thei r submission. The envelopes with the Financial
Proposal shall rcmain sealed and sccurely stored.

37. Ucstrict ion on Disclosure 37. I Following the opening of the Technica l Proposals by the Client 's
of informatio n Rclating PEC, and until the Contract is signed, no Consultant shall make any
to Procurement Process unso li cited communication to the Client or PEe, pursuant to Rule
31 of the Public Procurement Rules, 2008.

37.2 From the time the Proposals a re opened to the t ime the Contract is
awarded, any effort by the Consultant to influence the Client or PEC
in the C lient's Proposal evaluation, Proposal comparison o r Contract
award decisions may res ult in non-responsiveness of Ihe
Consultant's Proposal.

38. C larification on Proposa l 38.1 11le Client's Proposal Evaluation commi ttee (PEC) may ask the
Consultants for c larification of the ir Proposals, in o rder to faci litate the
exam ination and evaluation of the Proposals. The request for
clarification by the PEC and the response from the Consul tants shall be
in writ ing, and Proposal clarifications which may lead to a change in
the substance of the Proposal or in any of the key staff or clements of
the Proposal will neither be sought nor be permilled.

38.2 If a Consultant does not provide clarifications of its Proposal by the


date and time set in the PEC's written request for clarification. its
Proposal shall not be conside red in the evaluation.

38.3 Requests for clarificat ions on Proposa l shall be duly signed only by
the PEC Chairperson.

39. Proposa l 39. 1 Members of the PEe sha ll have no access to the Financi al Proposals
Eva lu ation:General until the evaluat ion of the Technical Proposal is cond uded.

39.2 The Proposals shall be evaluated based on what has been submitted.
The material issues to be clarified with the successfu l Consultant
will have to be discllssed during negotiations.

40. li:X;tmimltioll ofConnict 40.1 PEe shall


of I ntcrcst Situa tio n

14
specific conflict is s ubstantive and shall consequently consider the
Proposal non-responsive.

40.2 If a Consultant or its affi liate is found to be in a COl during the


technical eval uat ion, the PEC shall rcview the case and either
disquali ty the Consu ltant or ask the Consultant to remove the
conflict and its causes while maintaini ng the transparency of the
se lection process, fai li ng which the Technica l Proposal of the
Consultant shfl ll be co nsidered non-responsive.

40.3 If a Consultant has been found to mislead the PEC by neglecting to


provide information or by denying the existence of a CO l situation.
the Consultant's Proposal shall be considered non-responsive.

41. ProJlosa l Technical 41. 1 All Technical Proposals shall be eval uated in accordance wilh Ihe
E\'a luntion Request for Proposal (R FP) and the Terms of Reference (ToR).

41.2 Technical Proposals thus given a Technical Points (Tp), as stated


under ITC Sub Clause 4 1.2, not securing the minimum as specified
in the PDS, shall be considered non-responsive.

.f2. F in ancial Proposa l 42. 1 In the case of QCBS and FBS t after the technical evaluation is
Opening concluded, and approved by Ihe Client pursuant 10 Section 59 of
the Public Procurement Act, 2006 and Rule 120 of the Public
Procurement Rules, 2008. and approval/concurrence of the donor
agencies! Development partners on the recommendations of the
PEC is obtained (where required), the Client shall notify in writi ng,
those Consultants that ha ve secured the minim um Technical
Po ints (Tp), indicating the dale, time and location for openi ng the
Financial Proposa ls; the date being usuall y not less than one (1)
week after such noti fication.

42.2 The Client shall si lll uitaneously noti fy those Cons ultants whose
Technical Proposals did not secufC the mi nim um Techni cal Poi nts
(Tp) or were considered non-responsive to the RFP and ToR,
indicating that their Financial Proposals will be returned unopened
after completing the selection process.

42.3 Financial Proposals oflhosc who secured the min im um Techn ical
Poi nts (Tp) shall be opened by the PEC publ icly in the presence of
the Consultants' representatives who choose to attend . The name
of the Consultants, the Technical Points, and the Proposal Prices
shall be read aloud and reco rd ed when the Financial Proposals are
opened.

42.4 The Client shall prepare minutes of the public opening as stated
unde r lTC Sub Clause 42.3 and, these shall be furnished, upon
request, to Consultants who's Financial Proposals were opened.
Representatives who attend the public opening shall sign an
attendance sheet. Copy of the record shall be furnished to the donor
agencyl Development Partner.

15
43. Proposa l: Financ ial 43 .1 The Client's PEC will review the detai led content of each Financial
Eval uation Proposal. During the review, the PEC and any Clic nt staff and
others involved in the evaluation process, will no t be pcrmilted to
seek clarifi cation or additional infoml ation on financial aspects
from any Consultant who has submitted a Financia l Proposal.

43.2 If pricing of activiti es was requ ired, activities and items described
in the Technical Proposal but not priccd sha ll be deemed to be
included in the prices of other activities or items of the Proposal ,
as stated under ITC Sub Clause 25.2.

43.3 The evaluation, shall excl ude all taxes, duties, fees, levies and other
charges to be imposed under the Applicable La w but to be paid
unde r the Contract, unless otherwise the Consultant is exempted by
the Goverrunent.

43.4 [n the case of QCBS, the lowest evaluated Financial Proposal wi ll


be given the maximum Financia l Points ( Pp) of 100. The Fi nancial
Points (Fp) of the other Financial Proposals will be com puted
accordi ngly, as slaled unde r ITC Sub Clause 43 .5.

43 .5 The points for other Financial Proposals. as stated under ITC Sub
Clause 43.4, shall be computed using the fonnulae :
F = 100 x F1ft ; F P b·
emg t he 1-·
' mancla . 0 f t 1lC P roposa1
. 1 p omt
P F
under eva luation, Fm being the lowest Financi al Proposal Price
and, f bei ng the price of Proposal under computation during
evaluati on; in ei ther case however. the Proposal Pri ces to be taken
into consideration after adj ustments made by the PEC in correct ing
omissions or inconsistencies detected during t he evaluation of the
Fi nanc ial Proposal and apply ing the provisi ons as stated under lTC
Sub Clause 43. 2 43.6 and 44.

43.6 In the case, an activi ty or line item is quamified in the Financia l


Proposal differently from that in the Tcehnical Proposal ;(i) if the
Timc-Based form of contract has been included in the RFP, PEC
shall correclthe q uantifica tio n indicated in the Financi al Proposal
so as to make it cons istent with that indicated in the Techn ical
Proposal , apply the relevant unit price included in the Financial
Proposal to the corrected quantity and correct the Proposal Price,
(ii) if the Lump Sum form of co ntract has been included in the RFP,
no corrections are applied to the Financial Proposa l in th is respect.
[For Ihe pllqJOSf! oj IrC Slib Clause 43.6, if a TecJlI1icol Proposal
indicates Ihe pI"I.!sence of Ihe Team Leader at Ihe assignment site jar
twel1'e (12) 1II01llhs olld rhe Filllm cia/ Proposal indicall!l" only /.·;gb/ (8)
months, (m adjlls/menl should be "ok'ula/ed by adding Ihe corl"l!spolldil1g
(J/II(Jllni ojswffrell1l1l1erariolllo Iltc proposcd all/ol/m)

44. Correction of 44.1 Arithmetical e rrors in the Financial Proposal shall be corrected on
Arithmetical the following basis:
I. if there is a di screpancy between the unit price and Ihe tolal
price Ihal is obtai ned by mu ltiplying the ..unit-price and

r 16

,.
-,
quant ity, the unit price shall prevail and the total price shall
be corrected; and
ii. if there is an error in a total corresponding to till: addition or
subtracti on of subtotals. the subtotals shall prevail and thc
lotal shall be corrected;
iii. if there is a discrepancy betwee n wording and figures. the
fortner wili prevail.

44.2 The Consultant shall be kept infonned of such e rrors discovered


during arithmetic corrections stated under ITC Sub Clause 43. I.

45. Proposa l: Combined 45.1 In the case ofQCBS, the Proposals will be ranked accord ing to their
Evaluat io n Combined Scores (Cs) Llsi ng the weights (T ~ the weight given to
the Technical Proposal ; F =the weight given to the Financ ial
Proposal ; T + F = 1), pursuant to Rule 11 7 (24) (b) and 12 1 of the
Public Procurement Rules, 2008, as speci fied in the PDS:
Combined Score, Cs = Ts(Techn icai Score) + Fs (Financial Score);
l Ts being Tp x T% and Fs being Fp x F%].
45.2 In the case of FBS, the Client will select the Consultant that
subm itted the highest ranked Technica l Proposal with a n evaluated
price that is withi n the budget amount exclud ing all taxes. duties.
fees, levies and other charges to be imposed under the Applicable
Law, if the Con tract is awarded.
45.3 In the case of FBS, a(ljustments made by th e PEe to con'eet omissions
or inconsistencies detected during the evaluation of the Financial
Proposal if raises the Proposal Price above the available budget
indicated in the RFP, the Proposal shall be considered non-responsive.
45.4 Proposal Prices. in the case ofFBS, that exceed the indicated budget
wil l result in non-responsiveness of the Proposal.

46. Propuslt I 46.1 Negotiations shall com mence by considering the comments,
Negot iation :Gcncral suggestions, and req uests made by the PEe on bolh Technical and
Fi nancial Evahmtion Reports and recommendations there upon, of
ils Competent Authority.

46.2 Negotiations will be held at the address indica ted in the PDS by the
PEC, in phases where unavoidable, with participat ion of the Clienl
with the ai m to reac h agreement on alt poi nts and sign a Contract.

46.3 The invited Consultant will, as a prerequisite for allend,mcc at the


negotiations, eonfinn availabil ity of al1 Professional staft1experts
and satisfy s uch other pre-negot iation requirements as the Client
may spec ify.

46.4 In the case ofQCBS, the Consultant securing the highest Combined
Score (Cs) in accordance with ITC Sub Clause 45.1 will be invited
for negotiation as stated under Ire Clauses 46 to 50.
~ --~

17
46.5 In the case ofF BS, the Consultant that submitted the highest ranked
Techni cal Proposal selected in accordance with ITe Sub Clause 45.2
will be invited for negotiation as stated under ITC Clauses 46 10 50.

47. Proposlil Ncgotilltion: 47. 1 Tec hnica l negotiations will incl ude discussions only on the
Techniclll Implem entation Methodology of Terms of Reference, Work Pl an and
Detail Act ivity Schedule, Organizing and Staffing, Training Inputs
if training is a major component, any suggestions made by the
Consultant to improve the Tenns of reference. and the Client's
Services and Faci lit ies, with a view to reconcile the Consultant's
Proposal and the circumstances o f the Client. These documents wi ll
then be incorporated in the Contract as " Description orSel·v ices".

47. 2 The PEC may, in particular, require the invited Consultant to


substitute a key staff, if it was found during evaluation that he/she is
not fit enough fo r the proposed assignment.

48. Proposal Negotiation: 48. 1 The negotiat ion will general ly fi ne-tune the Financial Proposal
Financial incorporati ng the agreed-on technical mod ifications in the Proposal.

48.2 In the case of QCBS, Fixed Budget Selection and the Least Cost
Selection Method unless there are exceptional reasons negotiation of
unit rates or prices of staff remu nerat ion and others are nOI
permissible. For other methods, Consultants will provide the Client
with the informat ion on remuneration of rates described in the
Appendix attached to Section 5 [Social Charge+ Overhead].

48.3 In the case of QCBS and FOS, duration of expert's inputs and
quantities of reimbursable expenditure items may be increased or
decreased from the relevant amounts shown or agreed otherwise in
the Financial Proposal.

48.4 Pursuant to Section- 60(3) of the Public Procurement Act, 2006, the
Applicable Taxes and VAT shall not be taken into account in
determini ng the Proposa l Price during the Financial Evaluation of
the Proposals related to procu rement of this Intellectual and
Professional Services

48.S Unless the Consultant and the proposed Contract is tax-exempt, tax
liabilities as stated under ITC Sub Clause 27 .1, on the Consultant,
proposed Contract or on the Contract items shall be a subject of
clari fication between the PEC and the Consu ltant during negot iation
and, requi site provisions shall be made for them in the Contract
Price.

48.6 If applicablc, it is the responsibi lity of the Consultant. before starting


financial negot iations, to contact the local tax authorities to
delenninc the local tax amount to be paid by the Consultant under
the Contract.

18
49. A\'ailabiJily of 49. 1 Having selected the Cons ultant on the basis or, among other things.
Professional staff/experts an evaluation of proposed ProCessional staff/experts; the Clienl
expects to negOliate a Comruci on the basis of the ProCessional
stafflexpcl1s named in the Proposal. Before Contract negotiations.
the Client will require assurances that the Profess ional staff/experts
will be actually avai lable.

49.2 The Client will not consider substitutions during Contract


negotiations unless both parties agree that undue delay in the
selection process makes such substitut ion unavoidable or fo r reasons
such as death or medical incapacity.

49.3 In the event, as stated under ITC Sub Clause 49.2, substituti on of the
Key Profess ional staff(s) with equivalent or higher qualifications
may be permissible.

49.4 If this is not the case and ifit is established that the Key Professional
staff/experts we re offered in the Proposal without confinning their
availability, the Consultant Illay be disqualified.

50. Proposa l Ncgollations: 50.1 The PEC with partici pation of the Client and the successful
Conclus ion Consultant shall, in order to conclude the negotiation, sign the
agreed minutes of negotiations and initial the proposed draft
Contract Agreement.

50.2 If negotiat ion fnils, the PEC, will negotiate with the next highest
evaluated Consultant, and sim ilarly with other eval uated
Consultants until a Contract is signed, but it shall not negotiate
simultaneously with more than one Consultant.

5 1. Rejection of all Proposa ls 51.! The Clienl is not bound to accept any Proposal, and reserves the
right to annul the selection process at any lime prior to the Contract
awnrd, wi thout thereby incurring any liability to the Consultants.

51.2 All Proposals received by the Client shall be retu rned unopened to
the Consultants in the eve nt the Procurement proceedings are
annulled as stated under ITe Sub Clause 51.1.
5!.3 If negot iation fa ils and all Proposals are found to be non-responsive
and unsui table, the Client, pursuant to Rule 123 of the Public
Procurement Rules,2008, rejcct them under the following grounds -
a. The Proposals containing majo r deficiencies in responding
to the RFP.
b. The Proposal Prices arc substantially higher than the
estimated budget and could not be bridged during
negotiations.
E .... idence of professional misco nduct, affecting seriously the Procurement
process, is established as per Chapter Seven of the Publ ic Procurement
Rules, 2008 .

19
52. Inrorming RCllsons till' 52.1 Nolicc of lhe rejection, w ill be given prom ptly wi lhin seven (7) days
Rejection of decision taken by the Client to all Consultants, and the Client will,
upon receipt of a written request , communicate to any Consultant
the reason(s) fo r its rejection but is not requi red to justify those
rCllson(s).

fl. C ontract Award

53. Award or Contract 53.1 The Cli enl shall, within seven (7) work ing days of receipt of approval
or the Contract and concurrence of the Donor AgencylDevelopment
Partner and provided that no comp laint or appeal has been lodged or is
sti1lll ndcr cons ideration prior to the Proposal validity period, invite the
successful COllsultant to sign the COllrracl; so thai Ihe Contract comes
into force before expiration of the Proposa l validity

54. Publication or Award or 54. 1 Particulars relating 10 award of Contract of Taka ten ( to) million
Co ntract find be low, in prescribed format, shall be notified by the C lient 10
the Central Procurement Technical Unit with in seven (7) days of
signing of the Contract for publication in thei r websi te, and that
notice shall be kept posted for not less than a month.
54.2 In case or an internat ional procurement (or services), after
conclusion of the successful negotiation, the Client shall arrange
publish the Contract Award in the UNDB on line and in the
Devel opment Gateway and promptly noti fY al l Consu ltant s who
have submitted Proposals.

55. Debriefing 55.1 The Client shalt , following signing of the Contract with the
successful Consultant, promptly notifY the other Consultants whose
Proposals were technically responsive thm they have been
unsuccess rul and return those unopened Financial Proposals ..

55.2 Debriefing of Consultants by the Client shall outline the relative


status and weakness only of his or her Pro posul requesting to be
infonned of the grounds ror not accepting the Proposal submi tted by
hi m or her without disclosing information about allY other
Consultant.

55 .3 In the case of debriefin g, confidentiality of the evaluation process


shall be mai ntained.

56. Commencem e nt or 56 .1 The Consult ant is expected to commence the ass igrunent on the
Se rvices date and at the location specifi ed in the PDS .

57. Cons ultants Right to 57.! Any short-listed Consultant has the right to complain if it has
Complain suffered or likely to surfer loss or damage due to a failure of a duty
imposed on the C lient to fu lfil its obligations
57 .2 Circumstances in which a fo rmal complaint may be lodged in
sequence by the short-listed Consu ltant against the Client and the
complaints, if any. be also processed pursuant to Ru le 57 of the
Public Procurement Rules 2008.

20
57.3 The short-listed Consultant shall submit his or her complaint in
wri ting within seven (7) days of becom ing aware of the
circumstances givi ng rise to the complaint.
57.4 In the first instance, the short-listed Consultant shal l submit his or
her complaint to the Client who issued the RFP Document.
57.5 TIle pl ace and address tor the first stage in the submission of
complaints to the administrative authority is provided in the PDS.
57.6 A short-listed Consultant may appeal to 11 Review Panel on ly when
Ihat Consultant has exhausted all his or her options of complaints to
the administrative authority as stated under ITC Sub Clause 57.2.

21
Section 2. Proposal Data Sheet

Amendments of, and Supplements to, Clauses in the Instruction to Consuit:mts.


ITC Chlllse
RFI' IDENTIFICATION NO: 28. 14.0000. 185.65.001.23. 132 1
Name oflhe Client ; Gas Transmission Company Limited (GTCL)
ITC 1.1
Plot no: F- 18/A
Sher-E-Bangla Nagar Admini strative arca,
Agargaon. Dhaka- 1207

The provision orthe Services is:


Co nductin g Feasi bility Study for l\1ahcs hkh aIi/Ma tarbari- Dakhra bad 3rd Pa rallel
Gas T ransmiss ion Pipeline Project

TIle Method of se lection is: Qualli ty and Cost Based Selection (QC8S).

rrc 1.3 The ass ignment is not phased.


The assignment is to be completed within 180 (One Hundred Eighty) days frOlll the date
of signing of Contract.

ITC 3.1 The SOUTce of Pu bl ic Fund is Company's own fund.

ITC 3.3 The Development Partner (DP) is None.

ITC 7.3 Materials, equipmems and supplies used by the Consultant are not pennitted if they
have originated in Israel.

ITC 15.1 For clarification of Proposals the C lient ' s address is:

Attention : Deputy General Manager (Strategic Planning)


Address: Gas Transmiss ion Company Lim ited
Plot no: F- I8/A,
Sher-e-Bangla Nagar Admi nistrative area,
Agargaon, Dhaka
Phone: 02-44827272
Email: slplanningI7@gmail.com

ITC 16. 1 A pre-Proposal Meeting will be hel d on-


Place: Com mittee Room (Level-3)
Plot no : P- IS/A,
Sher-E-Bangla Nagar Ad ministrat iw Area,
Agargaon, Dhaka-I 207
Or
Zoom meet ing (Zoom ID & Pasward will be sent before meeting)
Dale: 03 -01-2024
Time : 12:00 Noon (BST) --
(/,~;.\"",;,g t.. cOPt "'

'.j '"C"l'
~ .'
)
~V
..~.. '-...
"-1;;'" .~
22 . . .i;,;;- V>'G';
. ...:..-c:::-
ITC 21.1 (c) Other documents requ ired to be submitted with the Proposal are :
1. Power of Attorney (if necessary).
2. List of all current litigat ion and arbitration cases (if a ny) entered into by the
consultant together with their nature and status.

ITC 23.11 The total estimated number of professional starr-m onths requi red for the assignment is:
42.0 Man-Months.

ITC 23.12 he Financi al Proposal shall not exceed the available budget (excl uding the amount of
ax obligations under the Applicable Law) of: Not applicable.
fhe minimum required qualification and ex perience of professional staff are as follows:
lTC 23.13

81 Educat ional Years of Ge neral Experience and


Position
No. Q ualification Project Related Experience
01. Team Leader M.Sc. degree in Minimum 20 years of profess ional
(International) Engineeri ng or experience in Gas Sector and lor
eq uivalent degree. si milar other projects. At least one in
Feasibil ity Study in utility sectors .
02. Pipeline Engineer B.Sc. degree in Mi nimum 10 years of experience in
( International) Engineering or preparing pipeli ne design basis, route
equi valent degree. selection & locat io n class study
reports, block va lve st udy report,
route verification , material grade
se lection and wall th ickness selection
ctc .
OJ. I-Iydraulics B.Sc. in Minimum 10 years of experience in
Expert Mechan ical related field includi ng experience of
( International) Engineering or hydraulic model s, hyd raulic analys is
equivalent degree. us ing software.
04. Hydrogeologist M .Sc. in Geology Mini mum 10 years o f experience as
(International) or equivalent I-iyd rogeologist including experience
degree. of subsea.
05. Subsea Pipeli ne B.Se. degree in Minimum 07 years professio nal
Expert Engineering o r experience including Feas ibility
(Inlcrnational) eq uivalent dcg ree. Study related works of Gas
Transportation Subsea Pi peline.
06. Phys ical B.Sc. degree or Minimum 07 years of experience as
Oceanographe r Equivalen t in or Oceanog rapher equivalent .
( Intcrnat ional) Oceanograplly/Oc
ean
Science/Marine
Science.
07. Cost Estimator D.Sc. in Minimum 10 years or experience in
( Intemational) Mechanic al, Cost Estim ati on, and Basis of
Chemica l, estimation for Mec hanical packages,
Instrumentation equipm ent. pip ing and~!11l..'ies,
& Co ntrol # ~~~nlrlg4;}

(' 23 ((l \'~


/& 0%."- ~

'!, ~
'*~;J." i)':'Ia~'O.'
Engineering or Electrical & Instrument Cost foJ'
equivalent gas/oi l pipeline projects.
degree.

08. Design Engineer 8.Sc in Minimum 10 years of experience in


(I nternational) Mechanica l oil, gas, power generation indust ries
Engineering or to engineering tearn s in the process
equ ivalent design. project set-up and
degree. development, timely completion of
feasibility, FEED and EPC projects.
09. Pipeline Engineer I3.Sc. degree ;n Minimum 10 years of experience in
cum Deputy Engineeri ng preparing pi pe line design basis, route
Team Leader selection & locat ion class study
(National) reports, block valve study report,
route ve rifi cation, materia l grade
selection and wall thickness selection
etc .
10. Env ironmental Masters degree in Minimum 10 years of profess ional
Specialist Environmental experience m relevant field . Must
(National) Scie nce/Biologiea have relevant consultancy e.'(perience
I Sc iencel in env ironmental impact assessment
equivalent along with experience of working in
degree. several Feasibility Study, EIA, ES IA.
etc. st udies fo r heavy industries.
I I. DIA & Risk Masters degree in Minimum 10 years of professional
Management Engineering/cnvir experience in relevant fie ld.
Specialist onmcntal Must have relevant consultancy
(Nat ional) science!Disaster expe rience in environmental impact
Managementl assessment a!ong with experience of
relevant working in several Feasibility StUdy.
discipline. DIA, ESIA. etc. studies for heavy
industries.
12. Sociologist Masters degree in Minimum J 0 ye(lrs of professional
(National) Social Science! experience m relevant fie ld. Must
Sociology . have relevant cons ultancy experience
in social impact assessment along
wi th experience of working in several
Feasib il ity St udy, EIA, ESIA, etc.
studies for heavy industries.

I J. Resettlement Masters degree in Mini mu m 10 years of professional


Expert (National) Social Science! experience in rel evant fidd.
Sociology. Must have relevant consultancy
experience ;n Resenlement Study
along with experience o f working in
several Feasibility Study, EIA. ESIA .
.,.c.
RAP, LAP etc. r
-

~ 24 f/;;;Y
.: t.SJ
;::J.H _
I ..;. f
;..4
<;2
'~!. ~
,•
~~h
14. Economist! Masters degree in Minimum 12 years of professional
Financial Analyst Economics! experience in relevanl fie ld.
(Nat ional) Finance/MBA/ath Must have relevant consu ltancy
er relevant experience in Financial Analysis
disciplines. along wilh exper ience of working in
sim ilar Feasibility Study, DPP
preparation, etc.
15. Geotechnical B.Sc. in Civil M inimum 10 years of experience as
Expezt Engineering 0' Geotechnical EXpClt or equivalent.
(National) equivalent degree.
16. Morphologist B.Sc. degree Minim um 10 years of professional
(Nat ional) Civil
'"
Enginee ri ng! experience in morphological analysis
Water Resources along with experience of working in
EngineeringfHydr Feasibility Study or related fi eld.
aulie Engincering!
equivalent degree.
17. Inst itutional and Masters degree in Minim um 12 years of professional
Legal Speciali st Law or equ ivalent expenence m relevant field. Must
(National) have relevant consultancy experience
in instituti onal analysis and capaci ty
building along with exper ience of
working in several Feasib ility Study,
EIA, ESIA, RAP, LA P etc.
18. Route Survey Bachelor degree Minim um 12 years of professional
Specialist in Surveying! expe rience in relevant field. Must be
(Nat ional) C ivil specialized in GIS, surveying
Engineering! eq uipment, such as high-precision
Geography/ URP/ inslruments, RTK, DGPS and global
relevant positioni ng technologies, to acquire
di scipline. spati al data.

19. AutoCAD B. Sc. degree in Minimum 12 (twelve) years of


Operator SurveyinglGeogra professional experience m relevant
(National) phy! Civil/relevant fie ld. Must have relevant consul tancy
discipline . expe rience in the fie ld of drawing and
design. Extensive experience
required with Auto-CA D. ARC! "
INFO, ArcYiew Pro and ArcView
software.
20. Field Surveyor! Graduation degree Minimum five (05) years of
Data Analyst In relevant professional experience in re lcvant
(National) discipline. field .
Must have re levant survey experience
in customer survey/ socioeconomic
survey! land use survey etc. and data
analys is.
""
,c.\,
-..: \,.
25
ITC 24.1(1) Training is not II speci fi c component of this assign ment but traini ng to be prov ided as
per req uirement orthe ToR.

ITC 24.1U) Addi tional information on the Technical Proposal incl udes: None
he Reimbursable expenses shaH be the following:
ITC 25. 1
I) Cost of locally procured items, office accommodations, camp faci li ties, camp
services, equipment rentals, utilities and communication charges, all if and 10 the
extent required for the purpose or the Services;
2) Cost of necessary travel. incl uding transportation of the Personnel by the Illost
appropriate means of lranspon and the most direct practi cable rollte;
3) Cost of commun ications such as the use of telephone and facsimile I"equired for
the purpose orthe Services;
4) Cost, rental and fre ight of any instruments or eq uipment required to be provided
by the Consultant for the purposes of the Services;
5) Cost of printing and dispatching of the Reports to be prod uced for the Services;
6) Other allowances where applicable and provisional or fixed sums (if any); and
7) Cost of such fUri her items required for the pu rposes of the Services not covered if
the forego ing.
Amounts payable by the Cli ent to the Consu ltant under the contract to be subject to
fT C 27.1
local taxat ion: Yes.

If affirmative, the Cl ient will


(a) rei mburse the Consultant for any such laxes paid by the Consu ltant: No;

(b) pay such laxes on behal f o f the Consultant: Yes

ITC 2X.I(a) The Cl ient will provide the following serv ices, facilities and property:
;) Copies of re levant papers as shall be necessary 10 enabl e the consultant to perform
the Services;
ii) Issuance of instruction 10 offic ials, agents and represe ntatives of the Government as
may be necessary or appropriate for the prompt and effective imp lementation of the
Services;

ITC 29.1 The currency or the Proposal shall be: Bangladesh Taka, US Doll ar or Euro

Proposals mll<;t remain valid fo r 120 (Onc hund red twcnty) days after the subm ission
ITC 30.2
deadline .

ITC 32.2 The Consultant must submit one original fo r both the Technical Proposal and Ihe
Financia l Proposal in separate sealed envelop and 2 copies of the Technical Proposal.

1Ji~f.ling/k,()<
W .~~
l~Ai1fr"
r ~. ... "' ' ' ' : ~
' N ~
:~)rg2cn: 'V~?f.'Ii

26
ITC 33.3(") The Propos~ llo be addressed to, received by and, opened at the address is:
Attention: Deputy General Manager (Strategic Planning)
Address : Gas Transmiss ion Company Lim ited
Plot no: F-l !!/A,
Sher-e-Bangla Nagar Administrative area,
Agargaon, Dhaka
Phone: 02-44827272
Emai l: stpl anni ng l 7@gmail,com

ITC (34.1 Proposals must be submitted not later than the following:
ftlld36.1)
Place: Commi tlce Room (Level-3)
Pl ot no: F- IS/A ,
Sher- E-Bangla Nagar Administrative Area,
Agargaon, Dhaka-1207
Date: 24-0 1-2024
Time: 12:00 Noon (BST)

ITC 41.2 111e points to be given under each of the evaluation cri teria are:

Criteria, sUb-criteria Points

0) Specil1c experience orlhe Consultalll relevant 10 the assignment. 9


Feasih ilitv St ud"
Experience of conducting Feas ibility Study of gas Infrastructu re and/or
similar other projects ill utility seclors: 3 marks for each proj ect up to J
projects.

Total points for criterion (i): 9

(ii) Adequacy of the proposed work plan and methodology in res ponding to the Terms
of Reference.

(a) Tec hnical Approach & Methodology 15

(b) Work plan 8

(c) O rganization and Staffing 8

Total po ints for criterion (ii): JI

(iii) Profess ional staff qualifications and competence for the assignment

Team Leader ( International) I No. 6.0

Pipeline Eng ineer ( International) 1 No. 3.5

Hydraulics Expert (International) I No. 3.0

Hydrogeologist (International) [ No. 3.0

I No.
~~
Subsea Pipeline Expert (International) / ::n
r 27

'2I
,\;.i# - "';"
. ' .
'. ,~
~,:,>~~. ")~,",,../
Physical Occllnographer(lntcrnational) I No. 2.5
Cost Estimo\or (international)
1 No. 2.5
Design Engineer (International)
I No. 2.5

Pipel ine Engineer cum Deputy Team Leader (National) I No. 2.5

Environmcntal Specialist (Notional) I No. 2.5

DIA & Risk Management Spec ialist (National) I No. 2.0

Socio logist (National) I No. 2.0

Resettlement Expert (N ational) I No. 2.0

Economist! Financi al Analyst (National) I No. 2.0


Geotechnical Expert (National)
1 No. 2.0

Morphologi st (National) I No. 2.0

instituti onal and Legal Specialist (National) I No. 2.0

Route Survey Specialist (National) I No. 2.0

AutoCAD Operator (National) 1 No. 2.0

Field Surveyor/ Data Analyst (National) 4 Nos. 6.0

Total points for criterion (iii): 55

The number of points to be assigned to each of the above pos ition or discipline
shall be determined considering the following three s ub criteria and relevant
percentage weights;
I. Team Leader: He/She should have M.Sc. degree in
20%
Engineeri ng or eq uival ent degree.
2. Pipeline Engineer: He/S he should have B.Sc. degree
in Engineering or equivalent degree.
3. Hydrauli cs Expert: HeiShe should have D.Se. in
Mec hanical Engineering or equivalent degn,'c.
4. Hydrogeologist He/She shou ld have M.Sc. in
Geology or Equivalent degree.
5. Subsea Pipeline Expert: He/She should have B.Se.
degree in Engineering or equivalent degree.
6. Physical Oceanographer: He/She shou ld have B.Sc.
degree or Equivalent Oceanography/Ocean
Sc ience/Marine Science.
'"
7. Cost Estimator: HelS he should [UIVC B.Eng in
Mechanical, Chemical, Instrumentation & Control
Enginecring or equivalent degree. c·",

-;~
28
\ ...
8. Des ign Engineer: : He/She should have B.Se in
Mechanica l Engineering or equiva lent degree
9. Pi peline Engineer cum Deputy Team Leader: Hel
She should have O.Se. degree in Engineering
10. Environmental Specialist: He/She should have
Masters degree In Env ironmental
Science/ Bi ological Science/equivalent degree.
11. DIA & Risk Managemen t Specialist: HeiShe should
have Masters degree in a
Engineering/environmental science/ Disaster
Management! re levant discipline.
12. Sociologist: He/She should have Masters degree in
Soci al Science/ Sociology.
13. Resettlement Expert: He/She should have Masters
degree in Social Science/Sociology
14. Econom ist/Financial Analyst: He/She should have
Masters degree in EconomicsiFinanceIMBA/ot hcr
relevant disci plines
15. Geotechn ical Expert: He/ She should have B.Sc. in
Civil Engi neering OJ' equivalent degree.
16. Morphologist : He/She should have B.5c. degree in
Civil Engineering/Water Resources
Engineering/Hydrailic Engineering/equ ival ent
degree.
17. Institutional and Legal Specia list: He/She shou ld
have Master!; degree in Law or eq uivalent degree.
1R. Route Survey Specialist : He/She s hould have
Bachelor degree in Surveying/C ivil Engi neering!
Geography/URP/relevant discipline.
19. AutoCAD Operator: Hel She should have B.Sc.
degree III SurveyingiGeography/Civil/ rclevanl
discipline.
20. Field Surveyor/Data Analyst: He/She shoul d have
grad uat ion degree in relevant discipline.

Adequacy for the Assignment:


60%
For Team Leader: Mini mum 20 years of professional
expe rience in Gas Sector and lor si mil ar other projects .
At least one in Feasibil ity Study in utility sectors.

For Pipeline E ngin eer: Minimum 10 years of


experience in preparing pi peline design basis, route
selection & location class study re ports, block valve
study report, route verification, material grade selection
and wall thickness selection etc.
L-____~~~-----------------------------------L--------~Af. ronQD~
r 29
Q;
~
~
-&"
~~
°rlN···_···':
(")

;Y
~i(l1I OTli\-'\"
For Hydraulics Kxpcrt : Min imum 10 years of
experience In re lated fi eld including experie nce of
hydraulic models, hydraulic analysis using software.

For H ydrogeologis(: Minimum 10 years of experience


as Hydrogeologist or eq uivalent.

For SUbSC'd Pipe lin e Expert : Mi nim um 7 years of


ex perience including feas ibility study of gas su bsea
pipeline.

For Ph ys ical Oceanographer: M ini mum 07 years o f


experi ence as or Oceanographer equ ivalent.

For Cost ES{imator: Mini mum 10 years of experience


in Cost Estimation. and Basis of esti mation for
Mechanica l packages, eq ui pment, pip ing and valves,
Electrical & Instrument Cost for gas/oil pipeline projects

For Design Engineer: Minimum 10 years of


experience in oil , gas, power generati on industries
to e ng inee ring team s in the process des ig n, project
set-up and devel o pment , timely com pletion o f
fe as ib il ity, FEED and EPC projects.

Fo)' Pipeline E ngineer cum Deputy T eam Lender:


Minimum to years of e xperience III pre paring
pipeline design basis, rO llte selection & location
class study reports, b loc k va lve study repo rt, ro ute
verificat ion, m ateri al grade sele c tion and wa ll
th ickness se lection etc.

For Envil'onm en lal S pecia list: Minimum 10 years of


professional experience in rele vant fi el d. M ust have
relevanl consuhflncy experience In environmeillal
im pact assessment along with experience of working in
several Feasibility Study, EIA, ESIA , e tc. studi es fo r
heavy industri es

For D[A & Risk Management Specia li st: Min imum


10 years of professional experience in relevant fi el d.
M ust have relevant consultancy experience in
enviro nmental impflct assessment a long wi th experience
of working in several Feasibili ty Study, DIA, ESIA, etc.
studies for heavy industries .

Fo r Sociologist: Minimum 10 years of professional


experience in re levant field . Must have relevant
consuh<lllcy experience 111 soc ial impact assessment
along with experience of working in several Feasibility
Study. EIA, ES IA, etc. studies fo r heavy industries

, "

30
For Resettlement Expel·l: M in imum 10 years of
professional experience III relevant fi e ld. Must
have relevant cons ultancy experie nce in
Resett lement Study along wit h experience of
wo rkin g in several Feas ibility Study, EIA, ESlA ,
RA P, LAP etc.

For Economist! Financial Ana lys l: Minimum 12 years


of professional experience in relevant fie ld. Must have
relevant consultancy experie nce in Financial A nalysis
along with experience of working in sim ilar Feasibility
Study, DPP preparati on, etc.

For Geotechnica l Expert : Minim um 10 years of


experience as Geotechnical Ex pert or equivalent.

For Moqlhologist: Minimum 10 years of pro fessional


expenence In morpho logical analysis al ong with
experience of working in Feasibility Study or related
fie ld.

Fo r Institutional and Legal Specialist: Mini mum 12


years of proressional experience in relevant fie ld. Must
have re levant consu ltancy experience in inst itutional
analysis and capacity building along with experience of
worki ng in several Feasibility Study, EIA , ESIA, RAP,
LAP etc

For Routc Survey Specia li st: Minimum 12 years of


profess ional experience in relevant fie ld. Must be
specialized in GIS, surveying equipment, such as high·
precision instruments, RTK, OOPS and global
position ing technologies, to acquire spatial data.

For AutoCAD Operator: Minimum 12 (twelve)


years of professional experience in rele vant field .
Must have relevant consultancy experie nce in the
field o f drawin g and des ign. Extens ive expe rience
is required with Auto·CAD. A RCI INFO, Arc Yiew
Pro and ArcView software.

For Ficld Sun'cyorlData Analyst: Mini mum fi ve (05)


years of professional experience in relevant field. Must
have relevant survey experience in customer survey!
socioeconomic survey! land llse survey etc. and data
analys is.

Time with Firm ]0%

Experience in region and language 10%

31
Tota l Weight: 100%

(iv) Suitabili ty of the transfer of knowledge, (tmi ni ng progra mme)

Relevance of Traini ng Program 30%

Train ing Approach and Methodology 60%

Qualificalions of Experts And Tra iners 10%

Total We igh!: 100%

Total points for criterion (iv): 5

TOTAL POINTS 100

ITC 41.2 The minimum Technical Points (Tp) required to pa ss is: 70 (Seventy) Points.

ITC 45. 1 The weights given to the Technical and Financial Proposals are: T "'O.7,and F = O.3

ITC 46.2 The add ress for Contract negotiations is


Commi ttee Room (Level-3)
Plot no: F- 18/A,
Sher·E· Bangla Nagar Admin istrative Area,
Agargaon, Dhaka·1 207
Phone : 02-44827272
Em ail: stplanningI7@gmail.colll

rrc 54.2 Not Applicable.

ITC 56.1 The assignment is expected to commence within 03 (three) days from the date of signing
of emraet.

ITC 57.5 The name and address or the office where complaints 10 the Client under Ru le 57 oflhe
PPR,2008 are to be submitted is
Attn: Managing Dircrlor
Gas Transmission Company Limited
Plot no: F·18/A Agargaon
Sher-E- Bangla Nagar Dhaka
Phone: 4482720

32
Section 3. General Cond itions or Contract

A. General Provisions
1. Defini tions 1.1 In the Co nditions of Contract, which include Particular Conditions and
these General Condi tions; the fo ll owing words and expressions shall have
Ihe mean ings hereby assigned to them . Boldface type is used to identify the
defined terms :
(a) Approving Author ity means the BUlhority which, in accordance with
the Delegat ion of Financial Powers, approves the award ofContrnct lor
the Procurement of Goods, Works and Services.
(b) Clicnt/P,·ocuring Entit}' is the pal1y named in the pce who engages
the Con5u llaollo perform the Services.
(c) Completion means the fulfilm enl of Ihe Services by the Consult ant in
accordance with the terms and conditions set fonh in the Contrac!.
(d) Completion Datc is the dale o f actual completion of the fulfi lment of
the Services certified by the Client, in accordance with GCe Clll llSC
55. 1.
(e) Consulta nt is a person who has been short- li sted to subm it a Proposal
for providing intellectual and professional services duly accepted by the
Cl ient; named as such in the pce and the Cont ract Agreement.
(f) Contract Agrccment means the Agreement entered into between the
Client and the Consu ltant together with the Contract Documents.
(g) Contract Documents means the documents listed in the Agreement.
incl uding any Addendum thereto, that is these General Conditions or
Contract (GCC), the Part icul ar Conditions of Contract (Pc q, and the
Appendiccs.
(h) Contract P rice means the price to be paid for the perfonnance of the
Serviccs, in accordance with GCC Clause 47.1 .
(i) Day means calenda, day unless othecwis, specified as wo,king days.
m Effceth'e Date means the date on which this Contract comes into force
pursuant to GeC Clause 18.\ .
(k) GeC mean the General Condit ions of Cont ract.
(1) Government means the Governm ent of the People's Repub li c or
Bangladesh.
(m) " Head of th e Procu r ing Entity" means the Secretary ofa Ministry or
a Division, the Head ofa Government Department or Directorate; or the
Chief Executive, or as applicable, Divisional Commissioner, Deputy
Commissione r, Zilla Judge; or by whatever designation caUed. ofa local
Governm ent agency, an autonomous or semi ·autonomous body or n
corporation, or a corporate body establis hed under the Companies I\ct:
(n) Int ended Completion Date is the date on which it is intended that the
Consultant shall complelC the Services as specified in the GCC Sub
Clause 20. 1 ---

33
(0) Member means in case where the Consultant consists of aj oint ventll re.
consortium or associat ion ully of the entities Ihal make up the joi nt
venlUre; and "Membel's " means all these entities.
(p) Month means ca lendar month
(q) Parly means the Cl ient or the Consultant, as the case may be, and
"Pa r ties" means both of them. Thi rd party mcans any party other than
Client and Consultant.
(r) Personnel means professiona ls and support staff provided by the
Consultant or by any Sub-Consultant and assigned to perform the
Services or any part thereof; and "Key Staff/Personnel" means the
Personnel referred to in GCC S ub Clause 23.1.
(s) RcimhlJl'sable expenses mean all assignment-related costs other than
Consultant's remuneratio n.
(I) R e mune ra tion means all costs rel ated to payments of fees to the
Consultant for the timc spent by the professional and other staff on
assignment related activities.
(u) PCC means the Particular Cond itions of Contract by which the GCC
may be amended or supplem ent ed.
(v) Scn riccs means the work to be perfonn ed by the Consultant pursua nt to
this Contract, as described in Appendices I to 6 of the Contract
Agreement.
(w) S ub-Cons ultant means any perso n or entity to whom/which pan of the
Services is s ub-consu lted.
(x) T hird Party means any person o r entity other than the Government, the
Client, the Consultant o r a Sub-Consultant.
(y) Writing means communication wrinen by hand or machi ne d uly signed
and includes properly authenticated messages by facsim ile or electronic
mail.

2. Phnsed Com pletion 2. 1 !fphased completion is specified in the pce, references in the GCe to
the Serviccs, the Completion Date, and the Intended Completion Date
apply to any Phase of the Services (othe r than refere nces to the
Completio n Date and Intended Complet ion Date fo r the whole of the
Services).

3. Communications and 3.1 Communications between Parties (notice, requcst o r consent requ ired or
Notices permitted to be given or made by one party to the other) pursuant to the
Contract shall be in writ ing to the address as specified in the pce.

3.2 A notice s hall be effective when delivered or on the notice's effec tive
date, whichever is later.

3.3 A Party may change its add ress for notice hereu nder by giving the other
Party notice of s uch cha nge to the address.

4. Go, re rning Law 4.1 The Contract s hall be governed by and interpreted in accordance with the
laws of the People's Republ ic of Bangladesh.

5. G overning Language 5. 1 The Contract shall bc wri tten in Eng lish. Al l cotres
docu ments relati ng to the Contract sha ll be writt en. :fJ~ngUl
'd~~ , G'~port ing
'f' ~
34
.
co -1J
, if, ~
' '1-11'
r
~
• ,I
,,~

.~
documents and printed literature thaI arc parI of the Contracl may be in
anot her language, prov ided they are accompan ied by an accurate
translation of the relevant passages in Engli sh, in whic h case, for purposes
of interpretation of [he Contract. such translation shall govern.

5,2 Thc Consultant shall bear all costs of translation to the governing
language and all risks of t he accuracy of such trans lmion.

6, Docu ments Formi ng 6, I TIle fo llowing documents forming the Contract shall be interpre ted in the
the Con tract in fo llowing order of priority:
Order of l'recedence (a ) the Contract Agreement;
(b) the Particular Conditions of Contract (PCC);
(e) the General Conditions of Contract (GCC);
(d ) the Appendix (I to 6); and
(e) any other document as specified in the PCC fonning part of the
Contract.

7. Assignment 7.1. Neither the Clien t nor the Consultant shall assign, in whole or in part.
their obligations under thi s Contract; except with prior written approval
of the Client.

8, Eligible Services 8. 1 All materials, e<luipmenl. pl ant, and supplies used by (he Consul tant and
services suppl ied under the Contract shal l have their origin in the
cou ntries, except those as specified in the pec.

9. Comm issions an d 9. 1 No fees, grat uities, rebates, gifts, comm issions or other payments, other
Fees than those shown in the Proposa l or the contract, shall have been given
or rece ived in connection with the select ion process or in the Contract
execution.

10. Joint Venture, 10.1 If the Cons ultant is a Joint Vcnture (JV)j
Con so rtium or
Association (N CA) (a) each partner of the JV shall be joint ly and severally liabl e for all
liabilities and ethical or legal obligations to the Clienty for performance
of the Contract;

(b)lf there is a dispute that results in legal action being taken in court
then action will be taken against all partners or the JV, if they are available and.
if only one part ner is available, then that panner alone shall answer on behalf of
<Il l partners and, if the comp laint lodged is proven, the penalty shall be applicable
on that partner alone as whatever penalty all the partners would have received;
provided thaI if the other partners of the JV s ubsequently become available
before the legal action h<ls been com pleted. the Cl ient sh<llJ have the right to take
action agai nst those other partners oftha! JV as well.

(c) the composition or constitution and legal status of the JV sllall not be
altered without the pri or approval of the Cl ient ;

(d) alteration of partners, except the Leading partner, shal l only bc


allowed if any of them is found to be incompetent or has any serious
difficulties whic h may im pact the overall perfonn an;:c of the Service.

35
whereby the incoming partner shall requi re to posses q ualifications
hi gher than that of the o utgoi ng partner;

(e) ifany of the pan ners of JV has been debarred from participating in
any procurement act ivity due 10 corrupt, fraudulen t, collusive or
coerc ive practi ces and, while in case, the Leading partner is fou nd
incompetent or has been de barred due to the same reasons stated
herein, the Contract shal1 be terminated pursuant to Gee Sub Clause
60.2.

II . Authority of Member 11.1 In case the Consultant is a Joint Venture consist ing of more than one
in Charge en tity, the partners shall designate one party to act as Representative, as
speci fied in the pec, with authori ty to conduct all busi ness for and on
behalf of al l partners oflhe l oint Venture, including withoullim itation
the receiving of instructions and payments from the Client.

12. Authorized 12.1 Any action required or permi tted to be taken, and any doc ument
Representatives req uired or pennitted 10 be executed under this Contract by the Client
or the Consul tant may be taken or e xecuted by the officia ls as spcciticd
in thepce.

13. Relation between the 13.1 Nothing contained herein shall be construed as establishi ng a relation of
Parties master and servant o r of principal and agent as between the Cl ient and
the Consultant. Thc Consultant, su bject to this Contract. has complete
chl1rgc of Personnel and Sub-Consultants, if any, performing the
Services and shall be fu lly responsible fo r the Services perfonned by
them o r on their bchalfhereunder.

14. Loelltiontion 14.1 The Services shall be performed at suc h locations as are spccified in
Appendix I , to the Contract and, where the locat ion of a partic ular task
is not so specified, at such locati ons as the Cl ient may approve.

15. Taxes & Duties 15.1 The Consultant, Sub-Consultant and Personnel shall pay such indirect
taxes, duties, fees and Olher impositions levied under the Applicable Law
as speci fied in the pee, the amoun t of which is deemed to have been
included in the Contract Price.

16. Corrupt, Fra udulent. 16.1 The Govcrnment requires that Client, as we ll as Consultants shall observe
Collu sive or Coercive the highest shmdard of eth ics during the imple me ntation of procurement
Practices proceedi ngs and the execut io n of the Contract under public fu nds.

16.2 For the purposes of this Sub-Clause, the terms set-forth below are defined
as follows:
(i) "corrupt pmClice'" is the ofT" ing, giving, receiving or soliciting, di rectly
or indirectly, of anythi ng of value to influence improperly the actions or
another party;
(ii) " fraudu lent practice" 2 is any act or omission, including a
misrepresentation, thai knowingly or recklessly misleads, or attempts 10
mislead, a party to obtain a financial or other benefit or to avoid an
obligati on;
(iii) "collus ive pract ice"l is an arrangement between two or more parties
designed to ach ieve an improper purpose, including 10 influence
improperly the actions of anot her party;
(iv) "coercive practicc,q is impairing or harming. or th rea l~nin g to im pair or
harm, directly or indirectly, any party or thc propel1y of the party to
influence improperly the act ions of a pmty;
(v) "obstructive practice" is
(aa) deliberate ly destroying, fa lsi(yi ng, altering or concealing of
evidence material 10 the investigation or making false statements to
investigators in order 10 materially impede a Bank investigation
into all egations of a corrupt, fraud ulent, coercive or co llusive
practice; and/or threatening. harassing or illl imidating any party 10
prevent it from disclosing ils knowledge of mailers rel evant to the
investigation or from pursuing the invcstigation; or
(bb) acts in tended to materially impede the exerci se of the C li ent '~
inspection and audit righls provided for under Clause 36. 1

16.3 Should any corrupt or fraudulent practice of any kind come to the
knowledge of the Client, it shall, in the firs t place, allow the Consultant
to provide an explanation and shall take actions onl y when a satisfactory
explanation is not received. Such decision and the reasons therefore, shall
be recorded in the procurement proceedings and promptly comm uniCllted
to the Consultant concerned . Any communicat ions between the
Consultant and the Client related to matters of alleged fraud or corruption
shall be in writing.

16.4 If corrupt, fraudulent, coll usive or coercive practices of any kind


determined by the Client against thc Consultant alleged to have carried
out such practices, the Client will :
(a) exclude the Consultant fr om further part ici pation in the palt icu lar
Procurem ent proceedi ng; or
(b) dec lare, at its discretion, the Consultant to be ineligible to participate
in further Procurcment proceedings, either indefinitely or lo r a
speci fi c period of time.
16.5 nle Government requires that Client, as well as Consultants shall , during the
Procurement proceedings and the execution of Contracts under public fu nds,
ensure-
(a) strict compli ance with the provisions o f Section 64 of the
Pub lic Procurement Act , 2006;

2 A "party· refers to a public official; the terms "benefit" and ·obligation" relate to the selection process or
contract execution; and the "act or omission" is intended to infl uence the selection process or contract execution
3 " Part i es~ refers to participants jn the se lection process (inCluding public officials) attempting to establish bid
prices at artificial , non competitive levels. _
4 A · party· refers to a participant in the selection process or contract execution. / '~,~,\~ .... ~"
# f('''1;' "'<
~ 37 ~~\'~~ __ ~
","':" - 11:0'
'<~:"~
(b) abiding by the code of eth ics as mentioned in the Ru le l27
oflhe Public Procurement Rules, 2008;
(c) that neither it, nor any other rn emberofits staff, or any other
agents or intermediaries working on its behalf engages in
any such practice as detailed in GCe Sub Clause 16.2(b).

16.6 The Government requires thai the C lient's person nel have an equal
obligation not 10 solicit, ask for and/or use coercive methods to obtain
personal benefi ts in con nection with the said proceedings.

B. Commencement, Completion and Modification


17. Effectiveness of 17.1 The Cont ract shall come into force and e ftcc t on the date, called the
Contract "EfTective Date", of the C lient' s notice to the Consultant instructi ng the
Consultant to comm ence carrying out the Services. This notice shall
confi rm that the cffectiveness condit ions, if any, as speci fi ed in the pec
have becn mel.

18. Effcct ive Date IS.I TIle date the Contract comes into cffect shall be as specified in the pce.

19. Te rmin at ion of 19.1 If the Contract has not become efleetive with in such time period aner thc
Contnl.ct for Failure date of the Contract signed by the Parties as specifi ed in the GCC Clause
to Becomc 18.1 , either Party may, by not less than twenty-one (2 1) days wri tt en
Effective notice to the olher Party, declare this Contract to be null and vo id, and in
the event of s uch a declaration by either I>arty, neither Party shall have
any claim agai nst the olher Party with respect hereto.

20. Commencement of 20.1 The Consultant shall commence carrying out lhe Services not later than the
Services nu mber of days after Ihe Effective Date as specified in the pce

21. Expiration of 21.1 Un less terminated earlier pursuant to Gec Clauses 63 to 66, th is COnlnle!
Contract shall expire at the end of such period after the Effecti ve Date as specified
in the pee or any extension of time approved by the C lient

22. Modifi ca tions or 22.1 The Client may notify the Consultant to alter, amend, omit, add to, or
Varia tions otherwise vary the services, prov ided that the changes in the Services
involved are nccessary for the sat isfactory completi on of the assignment.

22.2 Any modification or variation of the tenns and condit ions of the Contrac t,
includi ng any modi fi cation or variation oflhe Scope of the Services, may
only be made by written agreement between the Parties. Each Party shall
give due considerat ion to any proposals for mod ificat ion or variation made
by the other Party.
22.3 In cases of substantial modific at ions or variations, the prior written
consent of the Donor Agencyl Development Partner, would be required .

22.4 The Consultant slmll subm it to the Client an esti matc fo r the proposed
change in the Services within finecn ( 15) days ofreceipt of such Variation
Order(s) as s tated under GCC Su b Clause 22.2. The estimate shall
comprise the followi ng:
a.
b, a detailed sched ul e for execution of the Variation Orders showing
the resources to be employed and significant outputs;
c. a detail costing covering the total amount of the Variat ion Orders;
and
d. a proposed revision of the sc hedule of payments as approved. if
required .

22.4 Vllrialion Orders, as stated under GCC Sub Cl ause 22.2, costing within
fifteen (15) percent of the original Contract Price shall be a pproved by
the Approvillg Authority and for cost beyond fi ft een ( 15) percent by the
authority higher than the Approving Authority.

22.5 For the purpose of determ ining the remunerat ion due for services or any
other reimbursable expenses under Variation Orders as may be agreed
under GCe Sub Clause 22, the breakdown of the unit price provided in
Forms SB3 and 5B4 shall be the bnsis.

C. Consultant's Personnel and Sub-Consu ltants


23. Cenera l 23.1 The Consultant sha ll employ and provide such qualified and experienced
Personnel and Sub-Consultants as arc required fa carry out the Services
under the Contract.

24. Description of 24.1 The ti tle, agrccd job descripti on. mini mum quali fi cation and period of
PersoJlncl engagement in carrying out of the Services of each of the Consultant' s
Key Personnel has already been approved by the Client as are described
in Appendix 3, to the Contract.

24.2 The periods of engagement of Key Personnel sct forth in Appendh: 3 may
be increased by agreement in writing between the Cl ient and the
Consultant, if additional work is required beyond the Scope o f lhe
Services spec ified in Appendil: I to the Contract. In case that will cause
payments under the Contract to exceed the ceiling set forth in GCC Sub
Clause 47.2 of this Conlract, this will follow proced ures as stated under
GCC Clause 22, incl uding prior review whcre necessary.

25. App"o\,alof 25 .1 The Client approves the Key Personnel and Sub Consultants listed by tit le
PersOllllcl as well as by name in Appendix 3 to the Contract. In respect of other
Personnel that the Consultant proposes to lise in carry ing out of the
Services, the Consultant shal l su bmit to the Client for review and approval
a copy of their Curricula Vitae (CVs). If the Clie nt does not object in
writing (stating the reasons for objection) with in twenty one (21) days li'olll
the dalc of recei pt of such CVs. such Personnel shall be deemed to have
becn approved by the client.

26. Working HOllrs, 26.1 Working hou rs and holidays for Key Personnel are sci forth in Append ix
Overtime, Leave etc. 4 to the contract. To account for travel ti me, Foreign Personnel carrying
out Services inside the Client's country shall be deemed to have
commenced, or finis hed work in respect of the Services such number of
days before their arri va l in, or after their departure from the Client's
country as is specified in Append ix C hereto.

26.2 The Key Personnel shall 110t be entitled 10 be paid for ovenime nor to lake
pai d sick lcave or vacation leave, except as specified in Appendix 4 to the

39
contract and except as specified in such Append ix, the Consultant's
remuneration shall be deemed to cover these items. All leave 10 be allowed
to the Personnel is included in the staff-months of service sct forth in
Append ix 3 10 the contract. Any taking of leave by Personnel shall be
subject to the prior a pproval by the Cons ultant who shall ensure that
absence for leave purposes will not delay the progress and adequate
supervis ion of the Services.

27, Remov:11 a nd/or 27 .1 Except as the Client may otherwise agree, no c hanges shall be made in
Reil laccltlcnt of the Personnel. If, fo r any reason beyond the reasonable contro l of Ihe
Personnel Consultant, it becomes necessary to replace any of the Personnel , the
Consultant shall forthwith provide as a repl acement a person of equivalent
or higher qualifications acceptable to the Client.

27.2 If the Client


(a) fi nds that any of the Personnel has com mi tted serious misconduct
or has been charged with having comm itted a criminal act ion; or
(b) has reasonable cause to be dissat isfied w ith the perform ance of
any of the Personnel;
then the Consultant shall, at the Client's written req uest specifying the
grounds there fore, fort hwith provide as a replacement, a person with
quali ficatio ns and experience, as staled under GCC Sub Clause 27 . 1,
acceptable to the Cl ient.

27.3 Any of the Personnel provided as a replacement under GCC Sub Clauses
27.1 and 27.2. the rate of rem un era lion applicable to such person as well
as any reimbursable expenses(i ncluding expenditures due to number of
eligible dependents) the Consultant may wish to claim as a result of such
replacement, shall be subject to the prio r written approval by the Client.
Except as the Client may otherwise agree;
a. the Consultant shall bear all addi lional travel and other costs
ar ising out of or incidental to a ny re moval and/or replacement.
and
b. the re munerat ion 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.

27.4 In the event that any Sub-Consultant is fou nd by the Cl ient to be


incompetent or incapable of discharging the allocated duties, the Cl ient
may request and the Consu ltant shall provide a replacement, with
quali fica ti ons Ilnd experience acceptab le to the Client, or to resume Ihe
performance of the Services by itself.
27 .5 If requ ired by the pec, the Consultant shall ensure that at all times during
the Consultant's performance of the Services in the Government' s
country a resident Project Manager, acceptable to the Cl ient, shall take
cha rge of the pcr fonnance of such Services.

40
D. Obligations of the Consultant
28. Standard of 28.1 The Consultant shall perform the Services and carry oul its obligations
Performance hereunder with all due diligence, efficiency and economy, in accordance
with generally accepted professional standards and practices, and shall
observe sound management pract ices, and employ appropriate tec hno logy
and safe and effective equ ipment, machinery, materials and methods. The
Consuhant shall always acl, in resfX!c l orany matter relating to this COnlracl
or to the Servi ces, as faithful advisers to the Client, and shall at all ti mes
support and safeguard the Client' s legitimate interests in any dealings with
Sub Consultants or Third Parties.

29. Connict of Interests 29. 1 The Consultant shall hold the Client's interests para mount, without any
consideration for futu re work, and strict ly avoid conflict with olher
assignments or their own corporate inte rests

30. Co nsulta nt Not to 30.1 Thc remuneration of the Consultant as stated under GCC Clauses 44. 46 and
Benefit from 48 shall constitute the Consultant'S sole rem unerat ion in connection with
Commissions this Contract and, subject 10 GeC Sub Clause 31 .1 hereof, the Consultant
Discounts etc. shall not accept for their own benefit any trade commission, discoun t or
similar payment in connection with activities pursuant to this Contract or in
the discharge of their obligations hereunder. and the Consu ltant shall usc
their best efforts to ensure that any SlIb-Consultants. as well as the
Personne l and agents of either of theil), similarly shall not rece ive any such
additional remu neration.

30.2 Furthermore, if the Consultant, as PaJt of the Services. have the


responsibility of advising the Client on the procurement of Goods. Works
or Services, the Consultant shall at all times exerci se such responsibility
in the best interest of the Client. Any discounts or commi ssions obtained
by the Consu ltant in the exercise of such procurement responsibility shall
be fo r the account of the Client.

31. Co nsult~l1t and 31.1 The Consu ltant agrees that. duri ng the term of this Contract and tlftCI- its
Affiliates not to tennination, the Consultant and any entity affili ated with the Consultam, as
Engage in Certain well as any Sub-Consultant and any entity affiliated with such Sub·Consultant,
Activities shall be disqualiried from providing goods, works or services (other than
consulti ng services) fo r any project resulting fro m or closely re lated to this
consulting services.

32. Prohibition of 32. 1The Consultant shall not engage, and shall C(luse their Personnel as wel l as
Conflicting their Sub·Consu ltants and their Personnel nOI to engage. eithcr directly or
Activities indirectly, in any business or professional acti vities in Bangladesh that would
conflict with the activities assigncd 10 them under thi s Contract.

33. Confidentiality 33. 1 Except with thc prior written consent of the Client, the Consultant and the
Personnel shall not at any time com municate to any person or entity any
confidential infomlation acquired in the course of the Services, nor shall
the Consu ltant and the Personnel make public the recommendations
fonnulated in the course ot: or as a result of, the Services.
(For fll!! pllrpo.fes of Ihis Clallse "cOlifjdemia/ in/onna/ion" means any
itiforlll(l{ioll or Imowledgt· " C(llI ired by the Consulfa/II Gild/or 'heir Personnel
ari.~ing 0 111 of. or ill connection with, fhe per/ol'mallce of fhe Sen'ices ImrieI' Ihi'"
CO/l/!'(I" I Ihar is nOI othenl'i~'1! aI'ai/ubl!! /0 fhl! public]

~,,~~('.illg De,.,<~

41 f~))
<:.$
34. Liabili ty of the 34.1 Pursuant to Rule 125 (4) of the Public Procurement Rules, 2008, the
Co nsult:lnt Consul tan t, in lieu of furn ishi ng any Performance Security, shall be. liable
to and required to indemnify, the Client as st at ed under GeC Su b Clause
34.2 thru 34.6 inclusive for due perfo rmance of the Contract.

34.2The Consul tant shall indem nify the Client frOm and agai nst any and all
clai ms, liabilities, ob li gations, losses, damages, penalties, actions.
j udgment, suits, proceedings, demands, costs, expenses and disbursements
of whatsoever nature that may be imposed on, incurred by or asserted
agai nst the Client during or in conncction with the Services by reason of:
(a) infringement or alleged inrri ngement by the Consultant or any
patent or other protected right; or
(b) plagiarism or alleged plagiarism by the Consultant.

34.3 The Consultant shall ensure that al l goods and services (i ncluding \vithout
limitation all computer hardware, so fiware and systems) procured by lh e
Consultant out or runds provided or reimbursed by the Client or used by
the Consultant in the carry ing out of the Services do not violate or infringe
any industrial property or intellectual property right or claim of any thi rd
party.

34.4 The Consu ltant shal1 indemnify , protect and defend at their own expense
the Client, and its agents and emp loyees from and against any and all
actions, claims, losses or damages aris ing out of Consultant' s failure to
exerc ise the skill and care requ ired under GCC Clause 26 prov ided:
(a) that the Consu ltant is noti fi ed of such actions, cl ai ms, losses or
damages not later than the number of months afler concl usion of
the Services as specified in the pec;
(b) that the ceiling on the Consultant's li ability under GCe Clause
28 shall be li mited to the am ount as specified in the PCC, except
that such ceiling shall not apply to actions, cla ims, losses or
damages caused by Consu ltant's gross negligence or rccklcs.'i
conduct; and
(c) that the Consultant's li ability under GCC C lause 28 shall be
lim ited to actions, claims, losses or damages directly caused by
such fa ilure to exerc ise the said skill and care, and shall not
include liability fo r any actions. claims, losses or damages
arising oul of occurrences incidenl<ll or indirectl y consequenti al
to such failure.

34.5 In addition to any li ability the Consultant may have under GCe Clause
28, the Consultant shal l, pursuant to Rule 125 (5) of the Public
Procurement Rules, 2008, at their own cost and expense, upon request of
Cl ient; re-perform the Services in the event of Consultant' s fa ilure to
exerc ise the s kill and care req uired under GCC Clallse 28.

42
34.6 Notwithstanding the provisions of Gee Sub Clause 32.4(a). the
Consultant shall have no liability whatsoever for actions, cla ims. losses
or damages occasioned by :
(d) Client's overriding a decision o r recommendation of the Consultant
or requi ring the Consultant to implemenl a decision or
recommendation wi lh which Consullam do not agree; or
(e) the improper execution of the Consultant's instructions by agents.
employees or independent contractors o f the Client.

35. 1The Consultant


35. Ins unlnce to be (a) shall take out and maintain, and s ha ll cause any Sub·Consultants to
taken out by the take o ut and ma intai n, al the ir (or the Sub·Consultants', as the case
Consultant m ay be) own cost, but o n terms and conditions approved by the
Client, insurance against the risks, and forthe coverage as speci fi ed
in the pee ; and
(b) at the C lient's request, shall provide evidence to the Client showing
that stich insurance has been taken o ul and mainta ined and Ihal the
current premiulll s thererore have been paid .

36. Acco unting, 36. IThe Consultant shall


Inspection and
(a) keep accu rate and systemat ic accounts and reco rds in respect of the
Auditing
Services hereunder. in accorda nce with
nati onally/intcrnationally accepted accounti ng principles and in
such form and detail as will c learly identify all re levant changcs
in ti me and costs, and the bases thereor;
and
(b) periodica lly pemlit the Client or its des ignated rcprese ntutive or the
Development Partner's representative, when applicable, and up
to fi ve (5) years from the expirat ion or tennination of this
Con tract, to inspect the same and make cop ies as well as to have
them audited by a uditors appointed by the Client. if so required
by the Client as the case may be.

36.2 The Cons ultant shall fu rn ish the Cl ient such informution relat ing to the
Services as the Client may from time to time reasona bly request.

37. Consultant's 37. 1 The Consultant shall obll:lin the Client's prior approval in writing before
Actions Rcquirin g taking any of the fo ll owing actions:
C lient ' s Prior
(a) any change or addition to the Personnellislcd in Apjlendix J to
Apln·o" .. ' the Contract;
(b) any subcontract relat ing to the Services to un extent and. with
s uch specialists and ent ities as may be approved; and
(c) any other action that may be specified in the pee.
37.2 Notw ithstandi ng any approva l under GCe Sub Cla use 37. I(b). the
Consultant shall remain fu lly liable for the per formance of Services by the
Sub-Consultant and its Personnel and retain full responsibili ty for the
Services.

43
38. Repor·ting 38.1 The COl1s ultant shall submi t to the Client the reports and doc uments
Oblig:ltions specified in Appendix 2 to the COntract hereto, in the ronn , in the numbers
and within the time periods set ronh in the Appendix 2. Final Reports
shall be delivered in CD ROM in addition to the hard copies specified in
the said Appendix.

39. Proprietary Rights 39.1 All plans, maps, diagrams, drawi ngs, specifications, designs. statistics,
on Documents reports, other doc uments, data and software compiled or prepared by the
Prepared by t he Consu ltant ror the Client under thi s Contract shall become and remain the
Consultant absolute property or the Client, and the Consu ltant shall. not latcr than upon
tenn ination or expiration of this Contract, deliver all such documents (both
hard copy and softcopy in CD) to the Client, together with a detailed
inventory.

39.2 The Consultant may retain a copy of such documents and so ftware, and use
such so ftware for their own lise with the prior written approval of the
Client.

39.3 Olher restrict ions, if any, about the futu re use of these documents and
software, if any, shall be as specified in the pce.

40. Proprietary Rights Eq uipment , vehicles, lools and materials made ava il abl e to the Consultant by the
on Equipment and Client, or purchased by the Consultant wholl y or panly with runds prov ided by
Materials Furnished the Client, shall be the propeny of the Client and shall be marked accordi ngly.
by the Client.

Upon tennination or expiration of this Contract, Ihe Consul tant shall make
available to the Client an inventory of such equipment and material s and shal l
dispose of suc h equipment and materials in accordance with the Client's
instructions.

40. 1 During the possession or such equipment and materials, the Consultant,
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.

E. Obligations of the Client


41. Assistance anti 41.1 The Client shall use its best efforts to ensure that the Go ....ernment shall:
Excmptions
(al provide the Consultant, Sub-Consultants and Personnel with work
permits and such other documents as shall be necessary to enable
the Consultant , Sub-Consultants or Personnel to perronn 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 penn its and flny other
documents required ror thei r stay in the Gove~nJ!!>~~~

44
(c) Facilitate prom pt clearance through customs of any property
required for the Services and of the personal effects of the
Personnel and their eli gible dependents.
(d) issue to officials, agents and representatives oflhe Government all
such instruct ions as Illay be necessary or appropriate for the
prompt and effective implementllti on oflhe Services;
(e) Exempt the Cons ultant and the Personnel and any Sub-
Consultants employed by the Consul tant for the Services from any
requi rement to register or obta in any permit to practi ce their
profession or to establ ish themse lves either individually or as a
corporate entity according to the Applicabl e Law.
(f) Grant to the Consul tant, any Sub-Consultants and the Perso nnel
of either of them the pri vilege, pursua nt to the Appli cabl e Law. of
bri nging inlo the Government's country reasonable amounts of
fo reign currency for the pu rposes of the Services or for the
personal use of the Personnel and their dependents and of
withdrawing any slieh amounts as may be earned therei n by the
Personnel in the execution of the Serv ices
(g) provide to the Consul tant, Sub-ConSllltants and Personnel any
such other assistance as may be specified in the PCc.

42. Access to Land 42. 1 The Client warrants that the Consultant shall have, free of charge.
unimpeded access to all land in respect of which access is required for the
perform ance of the Services. The Consultant shall, however, be responsi ble
for any damage to such land or any property thereon resulling from such
access, and will indemnity the Consultant and each of the Personnel in
respect of liability for any such damage, unl ess such damage is caused by
the default or negligence of the Consultant or any Sub-Consultant or the
Personncl of either of them .

43. Change in the 43.1 If, after the dale of sign ing of the Contract, and during the performance of
Applicable Law the Contract, there is any change in the Applicable Law with respect to taxes
Reillted to Taxes which increases or decreases the cost incllrred by the Consultant in
performing the Services, then the amounts otherwise payable 10 the
Consultant under th is Contract shall be increased or decreased accordingly
by agreement between the Parties hereto, and corresponding adj ustm ents
shal l be made to the ceiling amount specified in GCC Sub Clause 47.2.

44. Services, Faci lities 44.1 The Client shall make avai lable to the Consultant and the Personnel. tor the
and Property purposes of the Services and free of any charge. the services faci lities and
properties described in Appendix 5 to the Contract at the ti mes and in the
manner specified.

44.2 In case that such services, facilit ies and property shall nol be made avail able
to the Consultant as speci fi ed in Appendix 5, the Parties shall agree on:
i. any tim e e.'\ tcnsion that may be appropriate to grant to the
Consultant for the performance of the Services;
ii. the manner in wh ich the Consultant shall procure any such
se rvices and fac ilities from othcr sources, and _

45
iii. the additional payments, if any. to be made to the Consultant as a
res ult thereof pursuant to GCC Sub Clause 47.3 hereinafter.

45. Payment 45. I In cOllsideration of the Services performed by the Consull ant under this
Contract. the Clie nt shall make to the Consultant such payments and in such
ma nner as stated under GCC Clauses 47 to 56.

46. Counterpa rt 46. J The Cl ient shall make availab le 10 the Consu ltant free of chllrge such
Personnel professional and support counterpart person nel, 10 be nominated by the
Client with the Consult ant 's advice, if speci fie d in Appendix 5B to the
contrac\.

46.2 If counterpart person nel are not provided by the C lient to the Consultant as
and when speci fied in Appendix 5R, the Client and the Consultant shall agree
on;
(a) how the affccted part of lhe Services shall be carried oul.
and
(b) the additi onal pay me nts, if any, to be made by the Clienl to
the Cons ultant as a result thereof pursuant to GCC Sub Clause 47.3.

46.3 Professional and support counterpan personnel, excluding Client's liaison


personnel, shall work under the excl usive di rection of the Consultant. If any
member of the counte rpart personnel fails to perform adeq uate ly any work
assigned to suc h mem ber by the Consultant that is consistent with the position
occupied by such me mber, the Consu ltant may rcquest the replacement of
such member, and the Client shall not unreasonably re fuse to act upon such
reques t.

F. Payments to the Consultants


47. Cost Estimate of 47. 1 An estimate of the cost of the Services is set forth in Appendix 6 to the
Serviccs: Ceiling contrac t.
Amount
47.2 Except as may bc otherwise agreed under Gee Cll1 use 22 and subject to
GCe Sub Clause 47.3 , payments under this Contract shall not exceed the
ceilings in for eign cu rrcncy and local currency as speci fi ed in the pee.

47.3 Notwithstanding Gee Sub Clause 47.2, if pursuant to any o f Ihe GeC
Clauses 44, 46 or 48, the Pan ies shall agree that additional payments in
local a nd/or foreign currency as the case may be, sha ll be made to the
Consuhant in order to covcr any necessary additional expenditures not
envisaged in the cost estimate referred to in GeC Sub Cl ause 47 .1 above,
the ceiling set forth in GeC Sub Clause 47 .2 above shall be incre<lscd by
the amount of any s uch additional payments.

48. Payments: General 48. 1 All payments under this Contract shall be made to thc account of the
Consultant as specified in the PCC. Forei gn curre ncy payments shall be
made in the currency or currencies specified in the Set and local currc ncy
payments shall be made in the c urrcncy of the Client 's country i.c.
Bangl adesh Taka currency.

48.2 Payments in respect of rcm uneration or reimbursable expenses., which


exceed the cost estimates fo r these items as set rorth in endix4 to the

46
contract, may be charged to the physical contingency provided 'or only if
the Client approved such expenditures prior to being incurred.

48.3 With the e.'(cept ioll of the final paymCnI as stated under GeC Clause 53.
payments do not constitute acceptance of Ihe Services nor relieve the
Consu ltant or any obli gations .

49. Lump Sum 49.1 Subject to the ceil ing spec ifi ed in GCe Sub Clause 47.2, the Client shall
Remuneration pay 10 th e Consu llanllOtal rem uneration which shall be a fixed Lump Sum
including all stafT costs, sub-cOllsultants cost. reimbursable and all other
costs incurred by the Consul tant in carrying oUlthe Services described in
Appendix-I . The contract price may only be increased above the amounts
stated in GCe Sub-clause 47.2, if the parties have agreed to addi tional
payments in accordance with GCC Sub-clause 22. I
Unless otherwise specifi ed in the pec, the said remune ....uion shall be fixed
for the duration of the Contract.

50. Co ntract I)rice 50 .1 The Contract Price is set fo rth in the pee.
51. Modcs or Billing 51.1 Paymcnts in respect of thc SelVices s hall be made in line with Olltputs
and Payment according to the payment schedule as specified in Gee Clauses 52 to 55.

52. Adva nce Paymcnt 52.1 Ifso specified in the pce, an Advance Payment shall be made to the
Consultant, of the amount and within the number of days after the
Effective Date as spec ified in the PCe. The Advance Payment shall be
made against the provision of a Bank Guarantee by the Consultant which
shall:
(a) remain elTective until sixty percent (60%) Advance Payment has
been fully adjusted as specified in the pec; and
(b) be in the format as shown in Appcndix 6

52.2 Advance Payments will bc adj usted by the Cli ent in equal instalmen ts as
specified in the pee until fully orrset.

53. Interim Paymcnts 53.1 Payments w ill be made to the account o f the Consultant and according
to the pay men t schedule stated in the pee. Unless otherwise stated
in the pec, the first pa)'ment shall be made again st the provision by
the Consu ltant oran advance paym ent guanmtee fo r the same amOlUlt,
and s hall be valid for the period stated in the pce. Such g uarantee

sha ll be in the form set forth in A ppend ix 6 hereto, or in s uch other
fo nn , as the Cli ent sha ll have approved in writing. Any other payment
sha ll be made aller the conditions listed in the pee for s uch payment
have been met, and the Consultant has subm itted an invo ice to the
C lient speci fying the amoun t due.

53.2 The Client shall pay the Consultant within rorty five(4S) days after the
receipt by the Client of the invoices with support ing documents. Only such
portion of a statement that is not satisfactorily supported may be withheld
from payment.

47
53.3 If the Client has delayed payment beyond thi rty (30) days after the due dale.
in terest at the annual rate as specified in the pee shall become payable as
from the above due date on any amount due by, but not paid 0 11 , such due
date.

53.4 Should any discrepancy be fou nd 10 exist between actual payment and
costs authorized 10 be incurred by the Consultant, the CHent may add or
subtmct the difference from any subsequent payments.

54. Amc ndmcnt to 54 .1 The amendment to Contract shall generally include extension of time 10
Contract the Intended Completion Date, increase or decrease in original Contract
price and any other changes duly approved under the Conditions of the
Contract.

54.2 The Client contracting, shall amend the Contract incorporating the
requi red approved changes s ubsequently introduced to the original Tenns
and Condit ions of the Contract in line with the Rules.

55. Final Payment 55.1 The final payment under this Clause shall be made only after the fi nal
report and a fina l statement, identified as such, shall have been submitted
by the Consultant and approved as satisfactory by the Client. The Services
shall be deemed completed and fi nally accepted by the Client and the final
report and fina l statem ent shall be deemed approved by the Client as
satisfactory sixty (60) days after receipt of the fi nal repon and final
statement by the Client unless the Client, within such sixty (60) day period.
gives written not ice to the Consu ltant specifying in detail defic iencies in
the Services, the final report or lina l statement. The Consu ltant shall
thereupon prom ptly make any necessary correct ions, and thereafter the
foregoing process shall be repeated until Stich time as the final report and
the finul statement have been approved by the Client.

56. Suspen sion of 56. 1 The Client may. by written notice ofslIspension to the Consultant. suspend
Pa)'1ll cnts all 01' part oflhe paymen ts to the Consultant hereunder if the Consultant
fails to perform any of its obligations under this Comract, including the
carrying out of the Services, provided that such notice of suspension:
(n) shall specify the natu re of the fa ilure, and
(b) shall request the Consuitant to remedy such fa ilure within a period
not exceeding thi rty (30) days after recei pt by the Consultant of
such notice of sllspens ion,

G. Time Control
57. Compl et ion of 57.1 The Consultant shall carTy out the Services in accordance with the
Services Programme submitted by the Consultant, as updated with the approval
of the Client and com pl ete them by the Intended Co mplet io n Date as
stated under GeC Clause 21. 1.

58. Early Wa rning 58. 1 If at any time du ring performance of the Contract, the Consu ltant or its
Sub-Consultants shou ld encoun ter even ts, circumstances comli t ions that
may adversely affect the quality of the work, increase the Cosi of
Services or delay the execution of the Services, the Consultant shall
promptly not ify the Client in writing oft hc delay, its like ly durat ion, and
ils cause. As soon as practicable after receipt Of t1)e-eO\l@~lll~ 'S notice.
".?
oN ~V\ ~ ..
,$..> ,..."---",--'/
/ i.) '\s.\
48 I::;"' ~ )~!!
,\: c)
" ,~~y ~
the Cl ient shall eva luate the si tuati on, and the Consultant shal l cooperate
with the C lient in making and considering pro posals for how the eftect
of s uch an event or circum stance can be avoided or reduced.

59. Ex tension of the 59.1 In the cvent the Consultant is unable to complete the assignment by the
Intended Inte nded Co mpletion Date it may request the Clielll to extend Ihe
Completion Date Intended Co mpletion Date g iving rcasons. The C lie nt shall extend the
Intended Comp letion Date if the reasons given by the Consu ltant. arc
fou nd acceptable. The Client sha ll , however, decide by how much 10
extend the Intended Completion Date .

60. Progr ess Meetin gs 60.1 The Client and the Consultant shall arrange progress meetings at regu lar
intervals to rev iew the progress of works. The meeting may review the
pla ns fo r dealing with matters raiscd in nccordance with Ihe cnrly
warni ng procedure; The meeting shal l di scuss the hurdle atTecting the
progress if any and suggest remedial measures ..

60.2 The Client s hall record the business of progress meetings and provide
copies of the record to those a ttending the meeting and to the Consultant
for action.

H. Good Faith
61, Good Faith 6 1.1The Parties undertake 10 act in good faith wilh respect to each other' s ri ghls
undcr th is Co ntract and to ado pt all reasonable measures to ensure the
real ization or the objectives of this Contract.

62. Fairness in 62.1 The Parties recognize that il is im practical in the Contract to provide for
Operation every contingency whi ch may ar ise during the life of the Contract. and
the Parties here by agrcc that it is their intention that this Contract sha ll
operate fa irly as between them, and without detriment 10 the interest of
eithe r of them, and Ihat, if d uring the teon o r th is Contract either P<lrty
believes that this Contract is operating unfa irly, the Parties w ill use thei r
best efforts to agree on such actio n 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 arbi trat ion
in accordance w ith GCC Clause 74.

I. Termination and Settlement of Disputes


63. T ermination for 63.1 TIle Client or the Co nsultant, without prejudice to any other remedy for
Default breach of Contract, by notice of default sent to the other party, may
terminate the Contract in whole or in part if the other party causes a
fu ndamental breach of contract. In s uch an occurrence one party shall
give not less than th irty (30) days' wrinen notice of termination to thc
other party.

63.2 Fu ndamenta l breaches Mthe Contract shall include but shall not be li m ited
to, the followi ng:
(a) Ir the Consultant fails to remedy a fa ilure in the performa nce of their
obli gati ons hereunder, as specifi ed in a notice of sllspension pursuant
to GCC Clause 56;

49
(b) within thirty (30) days of receipt of such notice of suspension or within
such furlher period as the C lient may have subsequently approved in
writing;
(c) If the Consultant submits to the C lient a statement which has a material
cffcct on the rights. obligations or interests of the Client and which the
Consultant knows to be false;
(d) If the Consul tant, in the judgment of the Cl ient, has engaged in corrupt.
fraudulent, collusive and coercive practices in competing for or in
executing thi s Contract;
(e) )flhe Consultant or the Client fails to comply with a ny fina l decision
reached as a result of arbitrati on proceedings pursuant to GCC Sub
C lause 74.2;
(I) If the Client fails to pay any money due to the Consultant pursuant to
this Contract and not subject to dispute pursuant to GCC Sub Clausc
74 .2 within forty-fiv e (45) days after receiving written notice from the
Consultant that such payment is overdue; or
(g) If thc C lient is in material breach of its obli gat ions pursuant to th is
Contract and has not remed ied the same with in forty-five (45) days (or
suc h longer period as the Consultant may have subsequentl y approved
in writing) following the receipt by the Client of the Consultant'S
notice specifying such breac h.

64. Term in ation for 64.1 TIle Client and the Consultant Ill ay at any time tenninate the Contract by
In solvency giving notice to the other party if:
(a) the Client becomes bankrupt or otherwise insolvem;
(b) the Consultant becomes (or, if the Consu ltant consist of
more than one entity. if any of its Members becomes)
insol vent or bankrupt or enter into any agreements with
their creditors fo r relief of debt or take advantage of any
law for the benefit of debtors or go into liquidation or
receivershi p whether compulsory or voluntary; or
(c) in such event, termi nation will be without compensation
to any porty, provided that suc h termination will not
prejud ice or affect any right of action or remedy that has
accrued or will accrue thereafter to the other party.

65. Termination for 65.1 The Client, by notice sent 10 Ihe Consultant, may in ils sole discret ion and
Convenience for any reason whatsoever. terminates the Contract. in whole or in parI, al
any time for its conven iencc. The notice of termination shall spec ifY that
termi nation is for the Client's cOllvenience, the extent to which
performance of the Consultant under the Contract is terminated, and the
date upon wh ich such termination becomes effective.

66. Termination 66.1 The Client and thc Consullant may at any tim e terminate t he Contract by
beca use of Force giv ing notice to the other party if, as the result of Force Majeure. the
Majeure Consultan t is unable to perform a material portion of the Services for a
period of not less than sixty (60) days.

67. Force Majeure 67. 1


part of a Pany, and which makes a Party's performance of its obligations
hercunder impossib le or so impractical as reasonab ly to be considcred
impossible in the circumstances, and includes, but is not limited to, war,
riots, civil disorder, earthquake, fire, explosion, storm. flood, epidemics,
or other adverse weather conditio ns, strikes, lockou ts or other industrial
acti on (except where such strikes, lockouts or other industrial action are
within the power of the Party invoki ng Force Majeure to prevcnt).
confiscation or any otller act ion by Government agencies.

67.2 Force Majeure shall not include any:


(a) event which is caused by the negl igence or intenlional action of a
Party or such Party's Sub-Consultants or agents or employees. or
(b) event wh ich a diligent Pat1Y cou ld reasonably have been expectcd
both to take into account at the lime of the conclusion of th is
Contract, and avo id or overcome in the carrying out of its
obligations hereunder.

67.3 Force Majeure shall not include insufficiency of funds or fai lure to make
any paymcllt required hereunder.

68. Nu Breach of 68.1 The failure of a Party to fu lfil any of its obligations hereunder shall not be
Con t ract considered to be a breach of, or default under, this Contract insofar as such
inability arises from an event of Force Majeure, provided thaI the Pa!1Y
affected by such an event has taken all reasonable precamions, due cllre
and reasonable alternative measures, all with the objective of carrying out
the terms and conditions of th is Contract.

69. Mcasures to be 69.1 A Pany affec ted by an event of Force Majeure shall contin ue to perform
T aken on Force its obligations under the Cont ract as far as is reasonably practical. and shall
Majcure take all reasonable measures to minimize the consequences of any event
of Force Majeure.

69.2 A Party affected by an event of Force Majeure shall notify the other Party
of such evelll as soon as possible, and in any case not later than fourtee n
(14 ) days follow ing the occurrence o f such event, providing evidence of
the nature and calise of such event, and shall similarly give written notice
of the restoration of normal cond iti ons as soon as possible.

69.3 Any period wi thin which a Pat1y shall, pursuant to t his Contract, complete
any action or task, shall be extended fo r a period eq ual to the time during
which such Pany was unable to perform such action as a result of Force
Majeure.

66.4 During the period of their inability to perform the Services as a result of
an event of Force Maje ure, the Consu ltant, upon instrllctions by the Client,
shall either:
(a) demobi li ze, in whic h case the Consultant shall be reimbursed for
add itional costs they reasonably and necessarily incurred, and, if
requi red by the Cl ient, in reactivating the Services; or
(b) conti nue with the Services to theextcnt possible, in wh ich case the
Consultant shall continue to be paid under the tenns of this
Contract and be reimbursed for additional costs reasonably and
necessarily incurred .

51
70, Cessa tion or Rights 70. 1 Upon termi natio n of the Contract pursuant to GCC C lauses 63 to 66, or
lind Obligations upon expiration of this Contract purs uant to GCC Clause 2 1, all rights and
ob li gations of the Part ies hereunder shall cease, except
(a) such rights and obligations as may have accrued on the date of
tenni natioll or expiration;
(b) the obligation of confident iality set fo rth in GCC Cl ause 33;
(c) the Co nsultant's ob li gation to perm it inspection, copying and
aud iting of their accounts and records sel forth in GCC Clause 36;
and
(d) any right which a Party may have under the Applicable Low.

7 1. Cessa tion or 11.1 Upon term inatio n of the Contract by notice of e ither Pany to the other
Se rvices purs uant to GCC Clauses 63 to 66, the Consultant s ha ll , im mediate ly upon
dispatch or receipt of such notice, take all necessary steps to bring the
Services 10 a close in a prompt and orderly manne r and shall make every
reasonable effort to keep expenditures for this purpose to a minimum .
With respect to documents prepared by the Consultant and equipme nt a nd
materials furnished by the Cl ient, the Consu ltanl shall proceed as provided,
respectively, by GCC Clauses 39 and o r 40.
72.1 Upon termination o rthis Contract pursuant to GeC Clauses to 63 to 66, the
72. Payment upon
Client sha ll make the following pay ments to the Consultant:
Termination
(a) payment purs uant to Gee Clause 47 10 55 fo r Services
sati sfactori ly perform ed prior to the e ffective date of term inati on:

(b) except in the case of termi nation pursuant to GCe Sub Clause
63 .2 (a), (b), & (c) lind GCC Sub C lausc 64. 1 (b), reimbursement
of any reasonable cost inc ident al 10 the prompt and orderly
termination o f the Contract, incl uding the cost of the return tra"el
of the Personnel and their e ligible dependents.

13. Disputes about 13.1 If either Party disputes whether an event spec Hied in GCC Clause 63 , 64
E"e nts or o r 65 has occurred, s uch Party may, w ithin forty-fivc (45) days after receipt
Termination of notice of termination from the o ther Party. refer the matter to arbitration
purs uant to Gee C lause 74. 2, and th is Contract shall not be tenninated on
account of such event except in accordance with the tenns of any resulting
arbitral award.

73.2 In the case of d isagreement between the Parties as to the existence or extent
of Force Maj eure, t he matter shall be settled accord ing to GCC Clause 74.

74. Sett lem ent or 14. 1 Amicable Settlement


Disputes
If either Party objects to any action or inaction of the o ther Party, the
objecting Party may file a wriU en Notice of Dispute to the other Party
providing in detail the basis of the dispute. The Party receivi ng the
Notice of Dispute will consider it a nd respond in writing withi n ' 4
days after receipt. If that Party fa il s to res pond with in 14 days, or the
dispute cannot be ami cably sell led within 14 days follow ing the
response of that Party, Clause GC 74.2 shall a I ..

52
74.2 Arbi lration

(a) Any dispute between Ihe Parties as to matters arisi ng pursmmt 10 this
Contract that cannot be settled amicab ly according 10 Clause GC 74 .1
may be submitted by either Parly for settlement in accordance with the
provisions specified in the pee.
(b) Notwilhslundi ng any reference to arbitration herein
(i) the parties shall continue 10 l>erform their respect ive
obligatio ns under the Contract unless they otherwise
agree; and
(ii) the Cl ient shall pay the Cons ultant any monies due the
Consu ltant

53
Section 4. Particular Conditions of C ontract
Amend ments of, and S upplements to, Clau ses ill the General Co nditions of
Co ntract
Gee Clause
RFP IDENTIFICATION NO, 28. 14.0000.185.65.001.23.1321

1.1 ( b) The Client is :


Name: Gas Transmission Company Limited (GTeL).
Add ress: Plot no: F. 18/A,
Sher·&Bangla Nagar Admi nistrative Area,
Agargaon, Dhaka
Phone: 02·44827272
Email: stplal111ingI7@gmail.com
Na me of Authorized rellrescnt ative : Monshof Ali ,
Deputy General Manager (Strategic Planning)

1.1 (c) The Consultant is:


lnam e. address and name oj(lIIlhurized represellwliv(!s J

1.1 ( n) The lu tended Completion Date is [enter datel

GCC 2.1 The assignment is to be com pleted in lhe rollowing phases: None

GCC 3.1 The addresses rOt Comm unica tions and Nolices are:
Client : Gas Transmission Company Limited.
Attention : Deputy General Manager (Strategic Planning)
Address : GTCL Bui lding (Level. I I)
Pl ot no: F· 181 A,
Sher· E·Bangla Nagar Admi nistrative Area,
Agargaon, Dhaka· 1207
Phone: 02· 44827272
Facs imile
E¥mail stplanni ng 17@gmail.colll

Consultant
Attention
Facs imile
E·mai!

GCC 6.1(c) The following add itional dOC lJlll cnts shall form the part of the Contract:
I) Minutes of the contract Negotiation
2) Copy or Passport
.,
3) Power of Attorney ( Ifnecessary) ,, .

54
Gee8. 1 Non el igible countries is: Israel

Gee 11.1 The Member in Charge is: ...... ........................


The Authorized Representatives are :
Gee 12.1
For the Client : Deputy General Manager (Strategic Planning)
Phone : 02 . 44827272
For the Consulta nt: (to be inserted)
Phone
The Cl ient warrants that the Consultant, the Sub-Consultants and Ihe Personnel shal l
Gee 15.1
be exem pt from (or that the Client shall pay on behalf of the Consultant, the Sub ·
Cons ultants and the Personnel, or shall reim burse the Consultant , the Sub-
Consultants and lite Personne l fo r) any indirect taxes, duties, fees, levies and other
impositions imposed, under the Applicable Law, on the Consultant, tlte Sub-
Consultants and the Personnel in respect of:

(a) any payments whatsoever made to the Consu lt ant, Sub-Consultants and the
Personnel (other than nationals or penmlllcnt res idents of the Government's
country), in connection wilh the carrying oul of the Services;

(b) any eq uipmen t, materials and supplies brought into the Govemment's country
by the Consultant or Sub-Consultants for the purpose of carry ing out the
Services and w hich, after having been brought in to such territories, will be
subsequently withdrawn there from by them;

(c ) any equipment imported for the purpose of carry ing out the Services and paid
for out of funds provided by the Cli ent and which is treated as property of the
Client;

(d) any property brought into the Government's country by the Consul tant, any
Sub-Consul tants or the Personnel (other than nationals or pennanent
residents of the Govern ment's country), or the eligible dependents of such
Personnel fo r thei r personal use and which will subsequcntly be withdrawn
there from by them upon their respective departu re from the Government's
country, provided that:
(I) the Consultant, Sub-Consultants and Personnel, and their eligible dependcnts,
shall follo w the usual customs procedures of the Government's country in
importing property into the Government's country; and

(2) if the Consultant, Sub-Consul tants or Personnel, or their eligible dependents,


do not withdraw but dispose of any property in the Government' s country
upon which customs dut ies and taxes have been exempted, the Consultant,
Sub-Consultants or Personnel, as the case mlly be, (i) shall bear such customs
duties and taxes in conform ity with the regu lations of the Government 's
country, or (ii) shall reimburse them to the Client if they were paid by the
Client at the time the property in question was brought into the Government 's
count ry.
The condi tions for effecti veness o f the Contract are Ihe following: none.
Gee 17.1
The effec tive date of the contract is the dale of signing of lhe contract agreement.

r E0
r~tI';\'flgDe~
%>
(\~ ~":~ )~
~

55
~ ~
0"
".
.....
~~~'f'J'
GCC 18.1 The time for commencement of the Services shall be 03 (three) days after the
Effective Date of the Contract.

GCC 20.1 The Contract period shall be 180 (One Hundred and Eighty) days af\cr the
Effective Date orthe Contract.

GCC 21.1 The Contract shall expire 730 (Seven Hundred Thirty) days from the dale of
commencement unless lenninalcd earlier pursllanllo Gee clauses 63 to 66.

GCC 34.4(0) The Consultant is noti fi ed of such actions, claims, losses or dam ages not later than
3 months after concl usian of the Services.

GCC 34.4(b) The ceiling on Consultan t's liab ility shall be limited to : Staff Remuneration &
Re imbursable expenses.

GCC35. t (a) The risks and the coverage shall be as foll ows: Not Applicable
(a) Third Party motor vehicle liabil ity insurance in respect of motor vch icles
operated in Bangladesh by the Cons ultant or its Person nel or any Sub-
Consu ltants or their Personnel , with a minim um coverage of {insert (1ilIQUIfIIIS
prevlllent);
(b) Third Party liability insurance, with a minimum coverage of {/llsert (1111 01,1,,' as
prevatent);
(e) Professio nal Liabili ty insurance, with a min imum coverage of
(d) Employer's Li ability and Workers' Compensati on insurance in respect of the
Personne l of the Consultant and of any Sub-Consu ltant, in accordance with
the relevant provisions of the Applicable Law, as wcl l as, wi th respect \0 such
Personnel, any such life, health, accidcnt, trave l, or o lher inSllrance as may
be appropriate; and
(e) lnSUT(ltIce against loss of or damage to 0) equipment and materials purchased
in whole or in part with funds prov ided under this Contract, (ii) the
Cons ultant ' s property used in the perfonnance of the Services, and (iii) any
documents prepared by the Consultant in the performance of the Services.

GCC 37.1(c) Thc other actions that shall req uire Clien t's approval arc: Nonc.

GCC39.3 The other rest rictions about future use of docume nts and software are;
"The Consultant shall not use these documents and software for purposcs unrelated
to th is Contract without the prior wriltcn approval of the Client".

GCC 41.1 (g) Assisumce for carrying out the Services 10 be provided by the Clienl are;
The Client will issue a leiter as may be necessary for the Consu ltant to conduct the
service.

GCC 47.2 The Contract cei ling amount is:

GCC48.t The Bank Account is: (a) For Local Currency


(b) For fore ign Currcncy

~ 56 !.fE)'
r", .._
. iJ
•v
2:'
~
~..."
o·,~
.,-';01 ;;,,~...
"
~


g
GCC 49.1 Not ApplicClbl e.

GCC50.1 The Contract Price is:

Gee 52.1 Advance Payment :, Nol Applica ble.

GCC 52 .2 Advance Payment will be amortized by the Cl ienl in the following manner: 1"01
Appli cable.

Gee 53. 1 The Consultant sha ll submit to the Client item ized statemen ts at lime intervals of:
Fifteen ( 15) percent of the Contract Price shall be paid upon submission 0
Inception Report and approval by the Client.
Thirty Five (35) percent of the Contract Pl'ice shall be paid upon submiss ion 0
Draft Final Report and approval by the Client.
Fifty (50) percent of the Contract Price shall be pa id upon submission of rinal
Report and approval by the Client.
GCC53.3 The Consultant sha ll be entitled to receive financing charges for delayed payment
d uri ng the period of de lay al the fo llowing rale: None

GCC 74.2 Disputes shall be settled by arbitration in accordance with the foll owing provisions:
Ba ngladesh Arbi tration Act 200 I (>t1f(.rq ~ ~oo~) shall be applicable for dispute
resol ution of clause Gee 74 .2. The neutral venue for arbitration shall be in Dhaka,
Bangladesh. ...

Ir ~s~~
.'!j
oa,~
~
00
,
'C'
~

..".. ", . ("")


r-
• .,•
1>",.-. ,
~ior" or,~":;'
:Zt'

57
Section 5. Proposal & Contract Forms

SA. Technical Proposal - Standard Forms

[Commellls in brackets proliide gllidance 10 the .fhal'IIiSled C(lI1su/lafllS for lire preparation of Iheir Technical
Proposals; they should 110/ appear 011 the Technical Proposals to he submitted.}

{Forms 5A I to JAB are {a be IIsedjr)r the preparation o/flle Technical Proposal according /0 Ihe i nslnjCfiol/J as staled
under fTC Sub Clause 23.1. Slich Forms are 10 be lIsed whicheller is the selection method as slaled IIlIder fTC S/l1l
C!llU\'e 1. / of the Proposal Dola Sheet}

SAl Technical Proposal Submission Foml

SA2 Consultant's Organj;.·.ation and Experience


a. Consultant's Organi7.alion
b. Consul tant' s Experience

5A3 Comments or Suggestions on the Terms of Reference and , on Services, Facilities and Property to be
provided by the C lient

a. On the Tenns of Reference


b. On the Counterpart Staff and, C lient's Services, Fac ilities and Property

5A4 Descriptions of the Approach, Met hodology, and Work Plan fo r Performing the Assignment

5A5 Work Schedule

5A6 Team Composition and Task Assignments

SA 7 Staffing Schedule

5A8 Curricul u'm Vitae (CV) for Proposed Professio nal Staff

58
Form SAl Technica l Proposal Submission Form

[LoeOfion, Datel

To: rName alld addN!l'S a/Client]

Dear Sirs:

We , the undersigned, offer to provide the consulting services for [insert title of assigllmel1fj in accordance with your
Request for Proposal dated [insert date] and our Proposal. We are hereby submitt ing our Proposal , which incl udes the
Technical Proposal, and the Financial Proposal sealed under two separate envelopes I,

We arc submitting our Proposal in associat ion with : [insert a lisf with ful/name and address of each associated
COllsultant, also l'pecify, wlrether they are injoinf venfllr e or as Sub-Consliitonisf

We hereby declare that all the information and statements made in Ihis Proposal are true and accept lhal any
misi nterpretat ion contained in it may lead to disq ualificatio n.

Ir negotiations are held duri ng the pe dod of validity of the Proposal, i.e, before the dale indicated in ITC Sub Clause
30.2 of the Proposal Data Sheet, we undertake to negotiate on the basis o f the proposed staff. Our Proposal is bi nding
upon us and subject to the modifications resulti ng from Contract negot iations,
We undertake, if our Proposal is accepted, to commence the consulting services related to the assignment not later
than the date indicated illiTe Sub Clause 56. l ofthe Proposal Data Sheet.
We also confirm that the Government of Bangladesh has not declared us, or any Sub -Consultants for any part of the
Contract, ineligible on charges of engagi ng in corrupt, fra udulent, coll usive or coe rcive practices , We furthermore,
pledge nOl lO indulge in such practices in competing for or in executing the Contract. and we arc aware of the relevant
provisions of Ihe Proposal Document as stated under ITC Clause 4.

We understand you arc not bound to accept any Proposal you receive,

We remain,

y ours SIIlCe rC IY.


Authorised Signature
{in fill/ and inilials]
Name and designat ion
of Signatory
Name of Finn
Address

59
Form SA2 Co nsultanl's Organization and Experience

A - Cons ultan t's Orga nisation

!'I'rovide hel"e (I IJrieJdescrip/ion (llwxim llllJ /Wo pages) oJlh e b"c/.;grOlllld (md organi:tI/ion oJ/lte COT/SIll/mIl alld eudl UJSl)CllIle Jor /lris
(l$signlllenlj

60
B - ConsultAnt's El: IJer icncc

Major Works UlIlIertaken that best Illustrates Qualifications

[Using Ihe jorm(/I below, provide injormtltioll Oil r(teh assignmem for which YOllr firm alld each assaciUle for Illis ass/gll/l11!/I/, "'as lega/fy
con/mClell eil/U!r inchl'idllolly as a corporale ellll/yor liS QIII! oflhe major companies within rill ossacimion for carrying QIII ('()nslliling services
simi/a/' 10 lile Oil/:$ ",'quested IInder {his (Issigll/llent. U:j'/! 20 page,f]

Assignment Name: Approx. valnc of the controc! in current US$ OT EUTo):

Country : Duration of assignment (months):


Location
wi th in counll)' :

Name of Client: Total No of Staff-Months of the assignment:

Approx value of the services provided by your finn unde r the


Address: contract (in current US$ or EUTo):

Sta rt date: (Month/Year): No ofStaff-Monl hs of Professi011 III Staff provided by associated


Complet ion date (Month/Year): Consu ltant:

Name of associ :lied Consultants, if any:

Name of Senior Slaff (Project Director/Coordi nator, Team Leader) Invo lved and Functions Performed :

Detailed Narrati ve Description of Project:

Detailed Description of Actual Services Provided by you r Staff:

Finn 's Name:

61
Form SA3 Comments & Suggestions on tbe Terms of Reference & . on Services & Facilities 10 be Provided
by the Client

On the Term s of Refe ren ce

fPresell1 andjus rify here any modijicatioflS 01' improvemem {I) lhe Term,\' of Refe rence you are proposing fU iml'J'{Jl'f!
peljormance in can ying 0 111 the assignlllenr (.\'/lch as de lelinK some aClil'ity you consider wm ecessOIJ!. or adding
another, or proposing a differenr phasing o/the activitie;,' or proposing an alfernarive method o/ul1derrakil7g Ihe wurk)
Sitch suggestions sho/lld be concise and to the poil/t, alld incorporated in YOUI' Proposal, J

On Services, Facilities and Property

{Comment here 011 services. facilities alld property /0 be provided by Ihe Clien! as stared /lnder ITC Suh (,loure 2R 1.
Shl!l!l ineluding: adminislrative supporl. office space. 10cal /rQJlSporlalion. equipment, data, ClC.]

62
Form SA4 Description or Approach, Methodology and Work Plan for Performing the Assignment

[Technical approach, methodology and work plan are key componenfS oflhe technical proposal. II is suggested ,hoI
),011 present yOUI' lechllical proposal divided 11110 Ihe following three chapters:

Technical Approach alld Jv/etllOdology,


Work Plan, and
OrganizGlfiol1 alld Staffing.

a) Tec hnica l Approach a nd Methodol0l,')'. Here you should explai n your understanding of the objectives of the
ass ignment, approach to the serv ices, methodology for carrying out the activities and obtaining the expected
outp ut. and the degree of detail of such output. You should high light the problcm s bei ng addressed and their
imponance, and explain the technical approach you would adopt to address them. You should also explain the
met hodologies you propose 10 adopt and highlight the compat ibility of those methodologies with the proposed
approach, (e.g., the methods of interpreting the ava ilab le data; carrying out investigat ions, analyses. and
studi es; comparing alternative solut ions). Th is Chapter shou ld incorporate any modifications to the ToR
proposed by you. In case the ToR requ ires the Consu ltant to provide a quality plan and carry out the ass ignment
according to its provisions, an outline or the quality plan (e.g., its list or contents) should be included in this
Chapter orlhe Technical Proposai.

b) Work Pla n. Here you should propose the main activities of the assignment, thei r content and duration, phasing
and interrelations, mil estones (including interim approval s by the Client), and deli very dates of the reports.
The proposed work plan shou ld be consi stent with the technical approach and methodology. showing
understandi ng of the ToR and ability to transl ate them into a feasi ble working plan. A li st of the final
documentS, including reports, drawings, and tables to be delivered as final output, should be included here.
The Work Plan should be cons istent with the Work Schedu le of FOl'm 5AS .

c) Organization a nd Starti ng. In th is chapter you should propose the structure and composition of your team .
You should list the main disciplines of the assignment, the key expert responsibl e, and proposed technical and
support staff. The roles and responsibil ities of professional stoff should be set out in job descriptions. In case
of association, this Chapter will indicate how the duties and responsi bilities will be shared. The organization
and staffing wi ll be refl ected in the Team Composit ion and Task Assignments of Form 5A6, and the Starting
schedule of Form SA 7. An organization chart illustrating the st ructurc orille team and its interfaces with the
Client and other institutions involved in the project also should be provide::d.

63
Form SAS Work Schedule

Monthsl
N° Activity1
I 2 4 4 S 6 7 8 9 10 II 12 n

I
2
3
4
5

n -- - -- - --

1indicatc all main activities of the assignment, including de livery of reports (e.g.: incepti on, interim, and final reports), and other benchmarks such as Cl ient

approvals. For phased assignments indicate activities, delivery ofrepons, and benchmarks separately for each phase.

lDuration ofaclivilies shall be indicated in the form of a bar chart. Mon ths arc counted from the sian of the assignment.

-t!Z) . .. ;:.~dl" ~

~ '9'c
""'<
"9-
5 ' C, 5
C.
~
. ,~
,.:!

"t;>&i~<\-i -
64 ~
~
z
•3
•e
-
~
"

,
:;1
3

i'", •> ~

0>

'"
~. 0
~ - - e
~

;;
""
--.a:
••
> ~
"...,
Q.
~

~.
• ",..
~

»
."--
~
~

i3

</:X<I-~ing c~
...
••
-
""
~

;:*~
~

~. €. >
••
'.' ~ ' :'

"'-
• ~

' (':J' _ n
zt'
_." • • "\

. .--
Form SA 7 Staffing Schedule

Staff-month input b y month I Total staff-month input 2


N' Namr of S taff

I
I 2 4 4 5 6 7
• 91I.
" 12
" I'lome Fie ld J Total

2
f--
3

" 1---
Total

I For Pro fessional Staff the input should be indic-.tted individually; for Suppan Staff il should be indicated by category (c.g.: draftsmen, clerical staff, etc.).

"Months are counted from the commencement o rlhe services. For each staff indicate separately staff-month input for home and fi eld work.
'~--:;=~
lField work means work carri~'d out at a place other than the Consultant's home office. /' .:~~,
' §.
~ I ,
~

~'

66
Form SA8 Curriculum Vitae (CV) for Each Proposed Professional StafT
I. Proposed Position [only olle candidate shalf be /Iomillated/or each pm'ilion] : _ _ _ _ _ _ _ __

2. Nam e of Firm [Inser/name affirm proposing Ihe staff]: _ _ _ _ _ _ _ _ _ _ __ _ _ _ __

3. Name of Staff l'nrertjuflnQmel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __

4. Date of llkth: _ _ _ _ _ _ _ _ ___,Nationali ty : _ _ _ _ __ _ _ _ _ __

5. r
Ed ucation hldicale college/university and OIlier s{Jecialized education ofstaff member, giving names of
ins/itutiol1s, degrees obtained, and dales o!obtainmelJl]: _______~__________

6. Membersh ip of P,"ofcss ion al Associations:

7. O th er T raining [Indicate signijicOtllll'Oinillg since degrees under 5 - Education were obraincdJ : _ _

8. Countries of Work Experience : [USI cOllntries where SfQjfhas worked in the last tcnyears]: ____

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

to. Employment Record [Startillg with present position. list in reverse order every employment held by stqjJ
member sillce graduation. giving for each employmellt (see format here below) : dates of employment. lJame of
employing orgallizalion. positiolls held. ]:

From [Year j: _ _ _ _ To tYear j: _ _ __


Em ployer:
Posi tions held:

11. Detailed T asks A ssigned 12. Work Undertaken that Best Illustrates Capa bility to
Han dle th e T as lis Ass ig ned

[Lisl all tasks to be performed [Among Ihe assignment.> ill which fhe sfajJhas been involved.
under rhis assignment] indicate rhe following informationfor those assigllments rhal best
illuslrate sfaff capabili/F to handle the /aSks listed under point II .]

Name of assiEmment or pro ject

67
Year: _ _ __ __ _ __ _ __ __ _ __ _
Location: _ __ _ __ _ _ _ __ _ _ _ _ __ __
Cli ent: _ _ _ __ _ __ __ _ __ _ __ _ __

Main project features:


Pos itions held: _ __ _ __ __ __ _ _ __ __
Activities performed: _ _ __ _ __ _ __ _ __ __

13. Ccrtificlltion:

I. the undersigned, certify that 10 the best army knowledge lind belief, this CV correctly describes myself. my
qualifications, and my experience. I understand that any wilful misstatement dc:;cribcd herein may lead \0 my
disquulificat ion or dismissal, ifengagcd.

= __~_~~_ _ ~_--,-- _ ___-,-,_--=_____ Dale:


[SignaT1Ire of sluff member or Ullfliorized representative of/he Slafj] Dayl A/onlhlYea/"

Full name of authorized representative: _ _ __ _______ __ _ __ _ __ _ __ __

68
SB. Financiall'roposal - Standard Forms

[CommCI/IS ill brackets] provide glfidance /0 fhe short listed Consultants for the preparation of Iheir
Financial Proposals: they should no! appear on the Financial Proposals to be submilled.}

[Form.\' 581 /0 584 are to be IIsed for the preparation of fhe Financial Proposal according to the
ills'rllclioll.~ as staled under ITC Sub Clause 25.1. Suc h Forms are 10 be used whichever i~' the selectioll
method as slared IInder ITC Sub Clause I. J althe Proposal Data Sheet}

[ The Appendix "Financial Ncgolialiol1S- Breakdown o[ Remunera/ion Rales" i,f fa be only used for
finoncilll /legoliations when Quality-Based Seleclfoll, Selections Based on Qualifications, orSingle-Source
SelectiOll method is adopted, according 10 the indicaliolls prOVided under para of Seclion-----J

Form 58 1 Financial Proposal Submission Form

Form 582 Summary of Costs

Form S83 Breakdown of Costs by Activ ity

Form 584 Breakdown of Remuneration

Fo rm 585 Breakdown of Reimbursable Expenses

Appendix Fi nancial Ncgotiations- Breakdown of Remuneration Rates

69
Form SBI Financial Proposal Submission Form

[LneG/ion, Dale ]

To: [Name and address ofClicnr]

Dear Sirs:

We, the undersigned, offer to prov ide the consulting services for [Insert litle 0/ asslgllmclI/] in
accordance with your Request fo r Proposal dated ( II/serl dute] and o ur Technical Proposal. Our attached
Fi nancial Proposal is for the sum of r /merl UII/QUIII ill words (md jiglll"l!S' ]. This amount is
exclusive of local taxes, which we have estimaled al (in.rer/ Qmoun/ In words (mdjigllrtsj and, which shaJl be
di scussed during negotiations and shall be added to the above amount for determi ning the Contract Price.

Our Financial Proposal shall be b ind ing upon us subject to the modifications resulting from
Contract negotiations, up to expiration of the valid ity period of the Proposal, i.e. before the date indicated
in ITC Sub Clause 30.2 of the Proposal Data Sheet.

Commissions and Gratuities paid or to be paid by us to the agents relati ng to this Pro posal and
Contract execution, if we arc awarded the Contract, are listed belo w 2:

Na me a nd Address of Amo unt P urpose of CommissIon


Agents or G r a tuity

[n accordance with Gce Su b Clause 36, we ack nowledge and accept the Client's right to inspect
and audit all records relating to our proposal irrespective of whether we entcr into a Contract with the Client
as a resu lt of th is Proposal.

We also declare that the Government of Bangladesh has not declared us or any Sub-Consultants
for any part of the Contract, inelig ible on charges of engag ing in corrupt, fraud ulent, collus ive, or coercive
practices. We furt hennorc, pledge not to indulge in such pract ices in competi ng for or in executing the
Contract, and are aware of the releva11l provisions o f the Proposal Document as slated under ITC Claus!: 4.

We understand YOli afe not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized signature (In full and initia[s]--------------------------------------------------


Name and tit Ie of S ignatory------------------------------------- -----------------------------
Name a f the Fi rm: ------------------- --------------.------------------------ -------------------

70
Address:--.······.-----.·.··.··-.-·.··-·.· ••··-••••••• •• ------••••••---•••••• -••••-----.----

1 Amounts must coincide with the ones indicated under total cost of Financial Proposal
2 If applicable, replace th is paragraph with: No Comm issions or Gratuities have bee n paid or atc
to be pa id by us to agents relati ng to this Proposal and Contract execution, if we arc awarded the
Contract.

71
Form 5B2: Summary orCost,

Costs
Hem [Indicate Foreign [Indicate Foreign [/nd/cale Foreign (Indicate
Clirrenc.y # 1]1 Currency I: 2] I Currency # JP Local Currency]

Total Costs of Financia l Proposa l 2

1 Indicute between brackets the name or lhe fore ign currency. Maximum ofthn.:c currencies: usc as man)' columns as nceded, and delete Ihe others.
2 Indicate Ihc tOlal costs, net o f local tuxes, to be paid by thc Client in cach currency. Such lolal costs must coincide with the sum ~f lhe relevant $ublolals
indicated in all Forms FIN·) provided wit h thc Proposal. A~< ~:~

~ ,6I ~(
i\ t
" fJ~~ I ,
\ ,~
"1.v. ' .~
\-! .? ,~ \')
...,;; ""

72
Form 583: 8reakdown of Costs by Activityl

Group of Activities (Phasc);2 Description: 3

Cosh

a. Cost component [Indicate Foreign [Indicate Foreign [Indicate Foreign [Indicate


Currency # 1]4 Currency # 2]4 Currency # 3]4 Local Currency]

RemunerationS
Reimbursable Expenses 5
Subtotals

Form FIN-3 shall be lil1ed at least for the whole assignment. In casc some of the activi ties require d ifferent modes of billing and payment (e.g.: the assignment
is phased, and each phase has a different payment schedule), the Consultant shall till a separate Form 5B3 for each grou p of activities. For each currency. the
sum Oflhc rckvant Subtotals of all FOnJ1S FIN· 3 provided must coincide with the Total Costs of Financial Proposal indicated in FormSB2.
2 Names oraetivities (phase) should he the ~me as, or correspond to the ones indicated in the second column of Form 5 AS
3 Shon description of the activities whose cost breakdown is provided in this Form.
4 Indicate between brackets the name orlhe foreign currency. Usc the same columns and currencics or Form5B2.
5 For each currency, Remuneration and Reimbursable Expenses must respectively comcide with relevant Total Costs mdicated In ~4 , and 5B5
er~~
G,CL' /4~

~ J~<$:' :iJI <1'~


'i
." .\
!"! V"
'," ! I
~.J ~ ·.-"'~i
?B';'l oo 1\S Y

73
Form 5B4: Breakdown of Remuneration I (Lump-Sum)
(Th is Form 58 4 shall only be used when the Lump-Sum Fann of Contract has been included in the RFP.
In fonnation to be provided in this Form shall only be used to establ ish payments to the Consultant fo r
possible additional services reqUl,"'Sted by the Client)

Na me! Position 3 Staff-month Rate~

Foreigll St aff
!fom~
,.,ef,

Loca l Sia ff
1k",1!
FI~l

1 Form Fonn SB4 shall be filled in fa r the same l' rofcs.sionaJ and Support StuITlis\cd in Fonn SA7
2 ProCessional Staff should be indicated individually; Support Stoff should be indicated per category (e.g.:
draftsmen. clerical staff).
3 Positions or lhe Professiona l StatT shall coincide wi th the ones indicated in Fonn 5A6.
4 Indicate sl: parately stafT-month rule and currency for home and fie ld work.

74
Form 5B5: Breakdown of Reimbursable Expenses (Lump-Sum)
(This Form 5B 5 shall only be used when the Lu rn p~Surn Form of Contract has been included in the RFP.
Information to be provided in this Form sha ll o nly be used 10 establish payments to the Consultant for
possible additional services requested by the Client)

No. Description Un it Unit Cost

I Per diem allowances SlatTDn),s

Travel Expenses (Reming Microbus for Consullants


2 reprcscntitivcs) Tri p Day

Travel Expenses including Microbus & Accomodation


3 wilh Fooding of Client RcpreSCnw.livc (6 momhs) Months
Travel Expenses (Renting 1 no. of Speed-boat including
4 ren ting of equipment for Consultants represe nlitives) days

Trallcl Expcnscs (Renting 1 no. ofSpeed-bom for


5 Clients represent itivcs) days

Roun d
6 Round Trip Ai r Fair for International Expert
Trip

7 Vehicle facility (or International Expert PCI' day

8 Per-diem Allowa nce for [ntematinal Expert StafTDays

Capacity building & Technology transfer (Duration 7


9 days tOI' 5 persons) Lumpsum

10 Drone ren ti ng cost with pilot & video processing km


Environmental Quality SUlv ey (Air, Water, Noise, Soil
II ctc.) Lumsum

12 Bathemetry Survey by usi ng SONA I{ km

13 Stakeholder Consultations Meeti ng

14 Workshop/Seminar Workshop

15 Secondary Datu, Map, Drawings Collection & Scanning Lumsum

Slationery, omce Supplies, Dmfting. Printi ng, Binding


16 ond production o( Dcliverables. Lumsum -

75
~

.g
Ii~~',o/~
13
n
bi o~ ...... :-
~~
~".:m
~
.
t)'\"W
~

~
Appendix: Financial Negotiations - Breakdown of Remuneration
Rates
(Not to be IIsed when cost is a fllct'or in t he evaluation of Proposa ls)

I, Rev iew of Remuneration Rates

1.1 The rcmuner:nion rctles for staff are made up of salary, social costs, overheads. fee that is profi t. and
any prem iulIl or allowance paid for assignments away from headquarters. To assist the finn in
preparing financial negotiations, a Sample FOI111 giving a breakdown af rales is auached (no fina ncial
informati on sho uld be incl uded ;n the Technical Proposal). Agreed breakdown sheets shall form pan
of the negotiated contract.

1.2 The Client is charged with the custody of government funds and is expected to exercise prudence in
the expendi ture of these fund s. The Client is, therefore, concerned with the reasonableness o f the
fi ml's Financial Proposal, and. during negotiations. it expects to be able to review audited financial
statements backi ng up the fi rm's remuneration rates, certi fi ed by an independent audi tor. The finn
shall be prepared to disclose such aud ited fi nancial statements for the last tlncE! years, 10 substulltiale
its rates. and accept that its proposed rates and other financial mailers are subject to scrutiny. Rate
details are discussed below.

(i) Salary
This is the g ross regular cash salary paid to the individual in the finn' s home office. It shall
not contain any premium for work away from headquarters or bonus (except where these are
included by law or government regulations).

(ii) Bonus
Bonuses are nonnally paid out of profits. Bccause the Client does not wish 10 make dou ble
payments for the same item, staff bonuses shall not nonnally be included in the mtes. Where
the Consultant's accounti ng system is such thai the percentages of social costs and overheads
arc based on total revenue, includi ng bonuses, those percentages shall be adj usted downward
accordi ngly. Where national policy requires that 13 months' pay be given for 12 months'
work, the profit element need not be adjus{(.,(! downward. Any discussions on bonuses shall
be supported by audited documentation, which shall be treated as confid ential.

(ii i) Social Costs


Soc ial costs are the costs to the fi n n o r stafPs non-monetary benefits . These items incl ude,
inler alia, social security including pension, medical and Ii re ins urance costs, and the cost of
a stafT membc r being sick or 011 vacation. In this regard, the cost of leave fo r public holidays
is not an acceptable social cost nor is the cost of leave taken during an assignment if no
additional staff replacement has been provided. Additional leave taken at the end of an
assignment in accordance with the firm's leave policy is acceptable as a social cost.

(iv) Cost of Leave


The principles of calculating the cost of total days leave per almum as a percentage ofbasie
salary shall normally be as follows:

76
lolal days leave x 100
Leave cost as percentage of suia!")' I ""
[365 - '" - ph - v - ,}

It is important to note that leave can be considered a social cost only if the Client is not
charged for the leave mken.

(v) Overheads
Overhead expenses are the finn's busi ness costs that are not di rectly related to the execution
of the assignme nt and shall not be reimbursed as separate items under the contract. Typi cal
items arc horne offic e costs (partner's time, nonbillable time, time of senior staffmoni toring
the project, rent, support stafT, research, stafT training, marketing, etc.), the cost of staff not
currently employed on revclluc..carn ing projects, taxes on business activities and business
promotion costs. During negotiations, audited financial statements, certified as correct by an
independent auditor and supporting the last three years' overheads, shall be available for
discussion, toge ther with deta iled lists of items mak ing up the overhetlds and the percentage
by which each relates to basic salary. TIle Client docs not accept an add-on margin for social
charges, overhead expenses, etc., for stafTwho are not pennanent em ployees of the firm. In
such case, the fi rm shall be entitled only to administrative costs and fee on the monthly
payments charged for subcontracted sta l

(vi) Fee o r Profi t


The fee or profit shall be based on the sum of the salary, soc ial costs, and ovcrhead. Ifany
bonuses paid on a regular basis are listed, a corresponding reduction in the profit element
shall be expected. Fee or profi t shall not be allowed on travel or other reimbursable expenses,
unless in the laner case an unusually large amount of procurement of equipment is requi red.
The firm shall note that payments shall be made againST an agreed estimated payment
schedule as described in the draft form of the contract.

(vii) Away fro m Headquarters Allowance or Premium


Some Consu ltants pay allowances to statT working away from headq uarters. Such
allowances are ca lculated as a percentage of salal)' and shall not draw overheads or profit.
Sometimes, by law, such allowances may draw social costs. In this case, the amount of this
soc ial cost shall still be shown under social costs, with the net allowance shown separately.
For concerned staff, this allowance, where paid, shall cover home education, etc.; these and
sim ilar items shall not be considered as reimbursable costs.

(vii i) Su bsistence Allowances


Subsistence allowances are not included in the rates, but are paid separately and in local
currcncy. No additional subsistence is payable for dependents- the subsistence rate shall be
the same for married and si ngle team members.

UNDP standard rates for the particular co untry may be tlsed as reference to determine
subsistence allowances.

\ lM1ere w =weekends, pI) =public holidays, v =vacation, and s =sick leave . ,


\ ,I
77
2. Reimbursnble expe nses

2.1 The financial negotiations shall furth er focus on such items as out-of-pocket expenses and other
reimbursable expenses. These cos ts may include, but arc not restricted to, cost of surveys,
equi pment, office rent, supplies. international and local travel, computer rental, mobilization il nd
demobi lization, insurance, and pri nting. These costs may be either unit rales or reimbursable on
the presentation of invoices, in fore ign or local currency.

3. Halik Gua rantcc

3.1 Payments to the firm , including payment of any advance based on cash flow projections covered
by a bank guarantee, shall be mnde according to an agreed estimated schedule ensuring the firm
regular payments in loca l and foreign cmrency, as long as the services proceed as pl anned.

78
Sllmpie Form

Consulting Fi nn : Country:
Assignment: Date:

Consu ltant's Represen tatiun s Regarding Costs and C harges

We hereby confi nn thaI:

(a) the basic salaries ind icated in the attached table are taken from the fi rm's payroll records and reflect
the current salaries of the stafTrncmbcrs listed which have not been raised other than withi n the nonnal annual
salary increase policy as applied to all the firm' s start;

(b) atlBched arc true copies of the latest salary slips of the staff members listed ;

(c) the away from headquarters allowances indicated below arc those thaI the Consultants have agreed to
pay for this assigrunent 10 the siaff membcrs listed;

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

(e) said factors for o verhead and social charges do not include any bonuses or ot her means of profil-
sharing,

{/I'UIIII: o/Consu/lillg Firm}

Signature of Authorized Re presentative Date

Name: _________________________________

Title: _______________________________

79
C onsultant' s Representations Regarding Costs and Charges

(Expressed in (insert name ofcurrencyfJ

J'crsonncl 1 2 3 4 5 6 7 S

Basic SalaJ)' per A\.\'3.y from Proposed Fi.'(cd J)roposcd Fixed


Social
Name Position Working Overhead! Subtotal Feel Headquarters Rate per Working Rate per Working
Charges i
MonthlDayNear Allowancl:: MonthIDaylHour Month/DaylHour l

Ilomc Office

Field

1. Expressed as percentage of I
2. Expressed as percentage of 4

-tt0 ,.~c

, ~
~ -_____~i· j
', .. 7)1 "0 "-";'~/
'~~~

80
sc. StaDdard form of Contract Agreement

This CONTRACT (hereinafter called the "Contract") is mude the [inserl day} day of the month of [inserl
/nonth}, [insert yeat], between, on the one hand, {inserl name ofclient] (he reinafter called the "Client") and,
on lhe other hand, [inserl name of Cons ultanl} (here inafter called the "Consultant") .

[ifthe Consultant consists a/more thall aile emily, (he above should be partially amended to read as/allows:
,.... (hereinafter called the "Client '') and, on the olher hand, a join! Ileniure consisling of fhe follolVing
entities, each a/which will be jointly and severally liable to the Clienl jor all the Cons llltanl '.1' obligations
under this Con/racl, namely, {insert name of Consullant} and (inserl name(s) of orher COlIsulwnlMJ
(hereinafter called /he "Consul/ant '').}

WHEREAS

(a) the Client has requested the Consultant to provide certa in consult ing services as defined in this
Contract (he rei nafter called the "Services");

(b) the Cons ultant, having represented to the Client that they have the required professional skills, and
personnel and technical resou rces, have agreed to pro\'jde the Services on the terms and conditi ons
set forth in this Contract; and

(c) the Client has received a creditJ loan! gran! from [in.~er/ name of Development Parmer] towards the
cost of the services under this Contract, it being understood (i) that payments by the Development
Partner wi ll be made only at the request oflhe Client and upon approval by the Development Partner,
Oi) that such payments will be subject, in aU respects, to the terms and conditions of the agreement
between the development pan ner and the Client.
[delere this Clause ifnot applicable].

NOW THEREFORE the parties hereto hereby agree as follows:

l. The following documents forming the integral part of this Contract shall be interpreted in the order
of priority shown:
(a ) The Form of Contract;
(b) The Particular Conditions of Contract (PCC);
(c) The General Conditions of Contract (GCC),
(d) The Appendices (1 to 6).
[lfany a/these Appendices are not lISed, /he words "Not U~ed" .I'hould be inserted next /0 fhe tifle oflhe
Appendix}

Appendix I: Description of the Services


Appendix 2: Reporting Requirements
Appendix 3: Key Person nel and Sub Consultants and HOllrs of Work for Key Persollnel
Appelldix4 " Cost Estimates
Appendix 5: Duties of the Client- Services, Facilities and Property to be provided by the
Client -

81
A ppendix 6: Fonn of Ballk G uarantee for Advance Payment

2. The mutual rights and obligations o f the Cl ient and the C ons uhant shall be as set forth in the Contract ,
in particular:

(a) the Consultant shall carry out the Services in accordance with the provisions of the Contract:
and
(b) the Client shall make payments to the Consultant in acco rdance with the pro visions of the
Contract.

IN WITNESS We, the Panics hereto have caused th is Contract to be signed in their res pective names as of
the day and year first above wrillcn.

For and on behalf of {name o/Client]

[Authorized Representative}

For and on behalf of [name a/Consultant}

{A llthorized Representative}

[ If Ihe COI/SIIltall1 conslilUles of more Ihall Olle entily, all Illese entities should appear as sigllatories, ill fh e
/allowing manlier:]

For and on behal f of each of the Members or the Consultant

[name a/member]

{Authorized Representalive}

(name a/member)

[Alllhorized Represenlolivej

.- . -,'
82
5D. Appendices

Appendix 1 Description of the Services


Incl ude the fina l Terms of Reference worked out by the Client and the Consultant during
Techn ical Proposal negotiations, dales for com pleti on o f various tasks, place of performance
for different tasks, specific tasks 10 be approved by Cl ient, etc.

Appendix 2 Reporting Requirements


List here format, fre quency, and contents o f reports ; documents, drawings, soft copies of
such doc uments etc and perso ns to rece ive them; dates o f subm iss ion; etc. Ifna re ports
are to be submitted, stale here "Not applicable."

Appendix 3 Key Personnel and Sub Consultants- Hours of Works for


Key Persollnel
List hereunder:
3A Till es [and names, ifal ready avail able], detai!edjob descriptions and minimum
q uali fic ations of Key foreign Perso nnel to be ass igned to work in the Government's
country, and staff-months fo r each.
38 Same infonnati on as 3A for Key local Personnel.
3C Same as 3A for K ey Personnel 10 be assigned to work outside the Government's
countr}'
3D List of approved Sub Consu ltants (if already available); same infonnation with res pect to
thei r Personnel as in 3A to 3C.

List here hours of work for Key Personnel ; traveltime to and from the country oflhe
Governme nt fro Foreign Personnel (C lause GCC 26. 1); entitlement, if any, to
overtimc IHl)" sick Icavc pay, vacation leave pay

Appendix 4 Cost Estimates


A. In Foreign Currency
Nole: List here/ln der cost e.l·fill/ates in fo re ign c urrency:
1. (a) Monthly rates for Foreign Personnel (Key Personnel and of her Personnel)
(b) MOIl/hly ratesjor local Per~"On l1el (Key Personnel and Olher Personnel).
(I11is should be added iflocal Personnel is also being paid in foreign currency)

This appendix will exclusively be used for determining remuneration for


additional services.
2. Reimbursable expenses (iteml'lhat are /Jot applicable should be deleted; others may be added):
(a) Per diem allowances for each ofthe Foreign or Local Personnel fo r eve})1 day in which sllch
Personnel shall be ubsen/jrom his home office and shall be olltside fhe Client 's country.
(b) Air transporrfor Foreign Personnel:

83
(i) rhe cos/ of internatiollal trallsportation of ille foreign PerSOllnel by the mosl
appropriate means of IrallSpoJ'/ and the most direct practicable rollte 10 alld from tlJe
Cons ultants' home office, ill the case: of air fravel, this shall be by leS~'lh(lIIfirSI class;
(ii) for any foreign Personnel spending twenry-!o/l1' (24) con.~ecllfive molJlm or more ill the
Client's coU/my, Olle exira round tni' \Viii be reimbursed for e\'ery fll'fmly-folir (24)
months ofas,rignmellf ill the Client's cOl/nlly. Such Personnel will be emil/cd In .Yllcll
extra round trip ollly if upon their rei urn ta Ihe Client 's COlll1lry, sllch Personnel are
scheduled to serve for Ihe purposes of the Project jiJr a furlher period of nOI less thall
.fix (6) consecutive 111011111.\',

(c) Air 1/'{.lt/.l1JOrt for depcndenls: Ihe cost of transportatioll to and from the Cliem '.~ COI/II/ly of
eligible dependenlS who shall be the spouse and nolmore than two (2) unmarried dependelll
children under eighteen (18) years of age of lhose of the Foreigll PerSOllnel assigned 10
residelll dury in tile Client's country for the purpose of Ihe Services for periods of six (6)
consec /ltive momhs or {anger, provided lhat the slay of :>'flch dependents in the Clie/1/',\'
country shall have been for 110t less than three (3) consecutive months duration. If the
assignment period for residelft staff of the Foreigll PerSOllnel will be thirty (30) mom/IS 0/'
more, one exira economy class air trip for their eligible depe/ldellls for every lII'emy·fiwr
(24)· molllh assignment will be reimbursed.
(d) Miscellaneous travel expense.\'
(i) for lhe air lravel afeach afthe Foreign Personnel, and each eligible dependem, 'he
cost ofexcess baggage lip to twenty (20) kilograms per penon. or the equh'alem in cost
ofllilaccomponied baggage or ail' freighl;
(ii) fhe fIXed unit price pel' round trip for miscellan/:!olls travel expenses such as the cosl of
transportation to and from airports, airport taxes, passport, visas, (ravel permill',
vaccillmiom', elc,
(e) Inlernalianal communicaliol7.\': Ih e COSI of communications (aIJu:r than Ihose orising ill Ihe
Cliem 's COU//IIy) reasonahly required by the CO/1su/wllffor the purposes o/the Services
If) The cost a/printing, reproducing and shipping oflhe documenls, reporls, drawings, etc.
(g) The cost 0/ acquisition, sJujJ/l/ent and handling of the following eqUljJlllel1l, insl/'ulllcms,
mOlerials and supplies requiredfor the Servicel', 10 be ill/porled by the Consultanls and to be
poidfor by Ihe Clienl (inchKling transporraffo/1 to lhe Clienl's COIIII/ry),
(IV The cost oftransport ofpersonal effixls,
(i) The rate fO/' the programming Gnd lise of, a"d cOn/mullicalioll between, the computers for the
purpose o/Ihe SeTl.ices,
The cost oflaborarory tests Oil lIIa/erials, mode/ teslS (/lid other If!l,,;lmical services fllIIhorized
or requested by tlte Client,
(1<) The/oreign currel/cy cost ofony subCOIlfrt/CI requiredfor the Services and approved in
writillg by the Client,
(I) l1le cost of/ra ining of/he Cliell/ 's personnel outside Ille Client '.t COUIlt/y, if training is u mojo/'
componelll ofthe asSlgllmelll, specified as slfch ill the TOR.
(m) The COS! of such further item.I' not ca\l(!red i" the foregoing butl\lhich //lay be req/lired by the
COl1sulral1ls jor the purpose of II'e Services. subject to the prior aml/oriza/ion ill II'ri/ing by
lhe Clielll, .,r::=---.
/ :,:.Planl)'I1

, W 84 :\::';,-
1 :( -0,".'"' :1
II , \ -,.J'f .
'
~

~~,.~::...~:
n. C ost E.st im ates ill Loca l C urre ncy

No te: Lis! hereunder cost estimales in local currency:

I. MOil/illy /'{Iresjur local PerSOllnel (Key Personnel and otiler Personnel)


2. Reilllbursablee.xpellses (items that are nor applicable shollid be deleted; others may be added):
(a) Per Diem rates fo/' subsistence allowance/or foreigll sharI-term Persollnel:
Ii} pc, diemallowan .. inlocal.n.......eyeqaiw...n••o[nam.ag...d 1"'';8n 'a""ney
specified in Clause 47.2} per day, pills estimated towls,/or each o/the shorl-lerm Foreign
Personnel (i.e. , wUh less than Iwelw (l2) momlis consecutive stay in the Clieffl 's
CO Unlry) for /he first ninety (90) d(IYs during which slIch Personnel shall be in the
Clienf 's counlry:
(ii) PCI' diem allowance ;n local currency equi\'alenl to [name agreed foreigll currency
specified in Clause GCe oI7.2)} pe/' day, plus estimated torals, for each oflhe short-term
Foreign Personnel fol' each day in excess of nil/ety (90) days during which slich
Perxonnel .\'hall be in the Client's coul/fry.
(b) Per diem allowance/or each of lhe long-term Foreign Personnel (t'tvelve (/2) month.~ or
longer consec utive stay in the Clienl 's counl/y, plus estimated lorals,
(c) The CO.I' / oflocal traIlSportalion.
(d) The cost of the fo llowing locally procured items: office accommodations, camp facilities,
camp ~'f:1/''I'ices, s ubCOlllracled services, soil lesting, equipment relllais. supplie~', utilities alld
communicatioll charges arising in (he Client's counlly, all if alld to rhe e;rtent required for
the p/lrpose ofthe Services.
(e) The COSI ofequipment, malerials alld s llpplie!J' IO be procured locally ill the Clienl '.I country.
(j) The local CUI'renc.ycost of (lny Sllbcontract required/or the Services and approved in writing
by 1he Cbenl.
(g) The cost oftraining of Client 's staJJin the Clien"s coullIry, if training is a mqjor componenr of
lhe assignment, specified as .weh in the TOR.
(II) The cos/ ofsuchfurtflCr ilenH not covered in fheforegoillg butll'hieh may be required by the
COlHlIlrantfor Ihe purpose o/the Servicej', OJ' agreed in writing by the Client.

This appendix will exclusively be IIsell for determinillg remulleratioll for


additional services

85
Appendix 5 Duties of the Client
No te: List under:

5· 1 Services,/acililies and property 10 he made available to fhe COTZSuilom by 'he Client.


5·2 Professiol/al and support coume'parl personnel fO be made available (0 (he Consu/fonl by
Ihe Client.

86
Appendix 6 Form of Bank Guarantee for Advance Payments

{this is Iileformalfor fhe Advance Payment Secllrity to be issued by a scheduled bank


of Bangladesh ill accordance with Gee Clal/se 52.1]

Contract No: Dale:

To:

[Name and address ofClientJ

ADVANCE PAYMENT GUARANTEE No:

We have been informed thaI [name of Consllltant] (hcrc inaficr called " the Consultant") has undertaken,
pursuant to Contract No [reference /lumber o/ Contract} dated [date ofContrac(j (herei nafter called ''the
Contract") fo r the delivery of [description ofconsulting servicesJ under the Contract

Furthennore, we understand that, according to the cond itions or eontrocl nn Advance Payment(s) in the sum
or -----------------------------{ amount in figures} (---------------------.••• ------ ) {amollnt in words} is to be
made against nn advance payment guarantee
At the req uest of the Consultant, we [name a/bullk) hereby irrevocably undertake to pay you, without cavil
or argument, any s um or swns not exceeding in total an amount ofTk [inserl amDlml injigllres alld ill words}
upon receipt by us of your first written demand accompanied by a written Statement stating that the Consultant
is in breach of thei r obligat ion(s) under thc Contract co nditions, without you needing to prove or show
grounds or reasons for your demand of the sum specified there in.

We further agree that no cha nge, addition or other mod ificat ion of the terms oCthe Contract 10 be performed,
or of any of the Contr"cl documents which may be made between the Client and the Consultant, shall in any
way release us from any liability under this guarantee, and we hereby waive notice of any such change,
addition or modifica tion.

Th is guarantee is valid until [dale of validil)' of gllarameej, consequently, we must receive at the above·
mentioned omee any demand for payment under th is guarantee on or he fo re that date.

S ignat ure Signature

87
Section 6. Terms of Reference

T erms of Reference (T oR)


For
Consulta ncy Services for Cond ucting Feasi bility Study for
MaheshkhalilMata rbari-Bakhra bad 3'·' Parallel Gas T ransmission Pipelin e
Project.

I. Backgrou nd of the ser vices r equired

The major source of pri mary energy in Bangladesh is domestic natural gas. The demand fo r gas is
increas in g rapid ly w hile its prod uction is declini ng day by day . So, the gap between supply and
demand is increasing. To minim ize the gap, imported Lique fi ed Natura l Gas (LNG) is be in g
supplied to nationa l gas grid since 20lS and the Government of Bangladesh (GOB) is plannin g to
impOlt more LNG to meet the de mand.

Present indi geno us gas product ion is around 2160 I11mscfd aga inst the dem and of around 3700
mmscfd. To ful fil the existi ng and forecaste d addit iona l gas demand, two Floating Storage and
Regasification Unit (FS RU) each of 500 ml11scfd capacity have been install ed by Exce lerate Energy
Bangladesh Ltd. (E EBL) and Summ it LNG Term inal Ltd. at Maheshkhali of Cox 's Bazar di strict
from where present ly aro und 850-900 mmscfd RLNG is being supplied to nationa l gas grid . Present
tota l gas productio n incl uding RLNG in Bangladesh is around 3000 - 3 100 mmsc/(I against exist in g
dema nd of aro und 3700 mmsc fd.

To fulfill the current gas demand , Summ it LNG Terminal Ltd will install 3,d Floating Storage and
Regasification Unit (FS RU) of 600 mmscfd capacity at Maheshkha li of Cox's Bazar district and
Excclerate Energy Bangladesh Ltd . (E EB L) wi ll increase its existing FS RU capacity by 100
mmsc fd. So from Mahcshkha li, total (5 00+600+600) = 1700 rnrnscfd gas will be supplied to
national gas grid by 2026. By the year 2031-32, 0 I (one) Land based LNG te rminal of 1000 mmscfd
capac ity is planned to install at Matarbari of Cox's Bazar d istrict and ca pac ity of the sai d La nd
Based LNG te rminal wi ll be furt her inc reased by 1000 mmscfd. So, in future, total (1 700+2000) =
3700 mmscfd R-LNG wi ll be added to nationa l gas grid fro lll Maheshkh al i & Matarbari points.
Besides, under 41h round PSC (Prod uction Shearing Contract) bidd ing process, there is an
expectat ion of potentia l gas discovery in the Bay or Be ngal.

At present app rox .S50-900 mmscfd impol1ed R- LNG is be ing supplied to GTCL national gas grid
through (i) 30" & 42" dia. Maheshkhali - Anowara; (ii) 42" d iu. Anowara-Fouzdarhat; and (ii i)
36" d ia. Cha ttagram-Feni-Bakhrabad Gas Transmi ss ion Pipe line. From the st udy, it is found that
85% of 1700 mmscfd R-LNG at Maheshkhal i po int i.e. 1445 mmscfd R-LNG can be suppl ied to
national gas grid using ex isting in frastructure su bject to the necessary modification at Kutumbopur

BB
,,
.' /
I'
of national gas grid by April 2024. So, in order to supply additio na l R-LNG to nationa l grid fro m
MaheshkhalilMatarba ri point , it is imperative to construct Mahcshkhal i/Matarbari - Bakh rabad 3 m
paralle l Gas Transmission pipeline.

A meetin g pres ided o ve r by the Honorable Sec retary of Energy and M ineral Reso urces Div ision
(EMRD) was held on 25 June 2023 regard ing the Import of LNG & GTCL's transmission
pipelines' capac ity to evacuate the R-LNG. In the meeting among others th e fo llowing decision
was made:
" 4.4 For the con struc tion of the pi peline from Maheshkha li to Bakh rabad, GTCL will
conduct detailed feasibil ity study in 2 segments : (I) Fro m Foujdarhal to Bakhrabad
and (2) From Mahcshkhalil Matnrbari to Foujdarhat. PD PP of these 2 projects need to
be sent to EMR D at the earliest."
As per the above decision of the meeti ng, GTCL has ta ken an initiative to carry out a Feasibility
Study of gas transmission pipel ine construction fro m Maheshkha1i/Matarba ri, Cox's Bazar to
Ba khrabad, Cum ilia by engag ing an ex perienced International Consulting Firm . The Consulting
ri rm will be required to cond uct the feasibility study di viding the pipe line in two segments either
as ( I) Foujdarhat to Bakh rabad and (2) Maheshkhal il Malarbari to Fo ujdarhat or suitable segme nts
consideri ng Onsho re/OffshoreiOnshore-OfTshore Com binat ion .
2. Objectives
The overall objccti vcs for conducting this Feasibi lity Study is to exami ne tec hnica l feasibi li ty,
financial viability , en vi ro nmental sustainability and socia l acceptabil ity of the proposed
Maheshkhllli/Matarbari-Bakhrabad yd para llel G as Transmission pi pe lin e.

3. The Rceu latioll s and Guidelines to Conduct the Assessment

The regul ations and g uidel ines of the Governm ent of Bangladesh shall gov ern in conducting
this assessment. Including olhers, they include:

>- Banglades h Natu ra[ Gas Safety Ru[es, 199 1 (as amendment in 2003);
);0- Envi ronm enta[ Conservat ion Act, 1995 includ ing a ll amendments;
);0- Env ironmental Conservation Ru les, 1997 including all amendm ents;
}> Exp losive Ru les, 2003 ;
» The Fo rest Act, 1927 inc luding a [1 ame ndments;
}> Wildli fe (Protection and Safety) Act, 2012 ;

> Noise Pollut io n Control Rules, 2006;


)- Banglad esh Wate r Act, 20 13;
Na tiona l River Protection Comm iss ion Act, 20 13;
);0-
)- Banglad esh Energy Regulatory Commission Act, 2003 ;
)- Public Procurement Acts 2006 & Public Procurement Rules-200S including a ll
ame ndments;

89
);> T he Acquisition and Requisit ion of Immovable Property Act, Act No. 25 of 201 7
(i ncluding all its amend ment) ; rind

)l> Territor ial Waters and Marit ime Zones (A mend ment) Act, 202 1.

4. Scopc

Thc scope of the study wil l co mprise a general background analys is of sctting up a gas
tran sm ission pipe line from Maheshk hali/ Matarbari upto Bakhrabad area considering present
and potential imported R ~ L NG at Mahcshk hal i/ Matarbari points and other probablc gas
sources and considering overa ll demand of the country. T he study wi ll ana lyze the constra ints
and ways to remove them. The study will also exa mine the technica l, fi nancial , economic,
social & environm ental aspects relating to constnlcting gas transmi ssion pipelines in that area
and recommendat ions for the Government's considerat ion .
T he scope o f services is given as follows but not lim ited to:
A . Identilicatioll of Gas Demand lIud Sources
)- Ident ify catcgory- wise gas demand o f the country and forecast probable gas demand of
the whole country up 10 204 I;
):> Identify LNG and other gas sources to supply gas to mid region as well as ot her pans
of the country (amount of gas, locat ion, duration, etc.) and fo recast probable gas source
up to 2041.

B, Project Engineering
):> Prelim inary suita ble route sctectio n of gas transmi ss ion pipc lines del ineat ing the three
probable routes on topographical sheet based on prel im inary survey. Select ing route
may be Onshore/Offshore/O nshore -Offshore Combinat ion;
)- For selecting preliminary rOUle, it w ill need to be considered 16m wid th for acqui siti on
and 9m w idth for requist ion o f land so tha t in futu re anothe r 4th parallel pipeline ca n
be installed along the proposed right of way.
}> Fo r offsh ore part the fo llowing activi ties wi ll need to be carried out:
- Data collect ion, surveying and technical analysis fo r Met -Ocean Data
(dcterminat io n of weather w indows, currents data, wind data, visibi lity. pipeline
stabi lity a nd installation methodologies etc,);
- Data collection and technical analysis o f Geotechnical Data (so il investigation in
sub-sea and offshore locations, SONAR survey for sub-sea pipe-lay ing to
determine sub-sea so il condi tion which affect pipctine design, shore crossing,
trenching and instal lation methodologies);

90
- Collection of Bathymetry and Hyd rographic data 10 determin e water depths,
seabed profi les, seabed obstructions whic h affect shore-crossing, trenching, span
corrections, obstruction remova ls, etc.

>- Prepa re the Front End Eng ineeri ng Design/ Basic Design Engi neering Package
(BDEP);
» Hydraul ic Modeling and analysis- De termination of adeq uacy of ex isting network
based on c urrent and fo reseen fut ure supply and dem and;
» Imp lementation moda lit ies of the above proj ect;
» Dete rmini ng the d iameter, length, capacity and operating pressure of the pipelines
considering the forecasted gas dema nd and sources up to 204 1 and evacuation plan to
the gas grid by Hydraulic Modelling;
» Project cost estimate w ith fina ncia l and economic analysis~

}> Considering the above, identify probable duration for constructing gas transmission
Pipe lines; and
>- Identi fy ing the constraintslri sk ana lysis that may hinder the construction of pipe lines
and way forwar d.

C. Prelimin a ry E rn' ironmcnla l a nd Socio-eco nomic Study

» Soc io-cconomic impact over that region due to construct io n of the gas transmission
pipeline;
» Environm ental susta inability oflh e project acti vities and impact aflcr completion of
the proj ec t;
» Climate res il iencc and disaster ri sk analysis; and
» Consultatio n w ith concerned stake ho lders.

D. C ost-Benefit A nalysis

E. Human Resources and Administrative Support A nalysis

» I-Iuman resources and admi ni strative support that wou ld be needed dur ing
implementation and post implementation of lh e proj ect.

F. In stitutiona l a nd L egal A nalysis

G. Risk (U ncer ta inty) and Sensitivity A na lys is

H. A lternative/Op tion Analysis

91
J. Recommendation and Co nclusion
J. Training: Capacity bui ld ing and technology trans fer seminar, wo rkshop and field trip
to selected Midde l East/ European gas operato r for clients
(S persons) for 7 (s eve n) days excludi ng trave li ng time.

5. Period of PcrfurnHillce
The co nsul tancy services are expccted to be completed w ithin S IX (06) months. An
intcrnat ional consultancy firm w ill be engaged fo r the uss ignment. The consultant 's
composit ion will be as fo ll ows:
Indicative Professional Sta ffwith Ex patriate Consultant: It has been estimated thai over
the total services period, the be low me ntiolled profess ional staff are required which is about
42.00 man -months and it is a n initial indication. The in terested firm s arc expected to make
their own estimates of staffing to deliver the services ·
No. of No. of Total Man-
SI.No Professional Personnel
Mont hs Cons uha nts Months (MM)
International Consultant:
I. Team Leader 5.00 I 5.00
2. Pipel ine Eng ineer 2.50 I 2.50
3. Hydraulics Expert 2.00 I 2.00
4. Hydrogeologist 1.50 I 1.50
5. Subsea Pipeline Expert 1.50 I 1.50
6 Physical Occanogrnpher 1.50 I 1.50
7. Cost Estimator 1.50 I 1.50
8. Design Engineel· 1.50 I I 50
National Consultant:
9. Pipeline Engineer cum Deputy Team Leader 3.00 I 3.00
10. Environmental Specialist 1.50 I 1.50
11. DIA & Risk Management Specialist 1.00 I 1.00
12. Sociologist 1.50 I 1.50
13. Resenlement Expert 1.50 I 1.50
14. Economistl Financial Analyst 1.50 I 1.50
15. Geotechnical Expert 1.00 I 1. 00
16. Morphologist 1.50 1 1.50
17. Institutional and Legal Specia list 1.00 I 1.00
18. Route Survey Specialist 2.00 I 2.00
19. AutoCAD Operator 1.50 I 1.50
20. Fie ld Surveyors/Data Analyst 2.00 4 8.00
Tohlt 36.00 2J 42.00

92
6 Consultant's Man Dower Qualification & Expel"ience

l1: ducational
Consu lhlllis q ualific:ltioll EX llcricncc

Team Lead er (Intcl1lational) M.Sc. degree in Mini mulll 20 years of pro fessiona l
Eng ineering or experience in Gas Secto r and lor s imilar
equiva lent degree. other projects. At least one in Feas ibi lity
Stud y in utility sectors.

Pipeline Engi neer B.Se. degrce in Minimum 10 years of experience In


(International) Engi neeri ng or preparing pipe li ne design basi s, ro ute
equi valent degree. select ion & location class study reports,
block va lve study report, route
verifi cation, mater ial grade se lect ion
and wall th ickness selection etc.

Hydraulics Expert B.Sc. in Mechanical Minim um 10 yea rs of experience In


(I nternational) Engineering or related fi eld incl ud ing experience of
eq uiva lent degree. hydraul ic models, hydraulic ana lys is
using so fiware.

Hyd rogeo logist M.Sc. in Geology or Minimum 10 years of experience as


(Intemational) eq uival ent degree. Hydrogeo logist inCludin g experience of
subsea.

Subsea Pipeline Expert B.Sc. degree in Minimum 07 years professional


(ll1lcrnat iona l) Engineeri ng o r experience including Feasibility Study
eq uival ent degree. related works of Gas Transportatio n
Subsea Pipeline.

Physical B. Sc. degree or Mi nimulll 07 years of experience as or


Oceano g rap hc r( In t cma tiana I) Equivalcnt ill Oceanographer equ ival ent.
Oceanography/Ocea
n Sc iencelM arine
Sciencc .

Cost Estimator B.Sc. in Mechanical, Minimum 10 years of ex peri ence In


(Inlc rnat iolU11) Chem ical, Cost Estimation, and Basis of
Instrulllcntation & estimation for Mec hanical packages,
Control Eng incering or equipment, plplng and valves,
equivalent degree.
..-
C/~\ngD~~
~

9
93 ,. 0n
"'~ OitJ1lr- ..--
. ~ "x
~~.
~
, . :-.
(7o\i~~
Ed ucal ion al
Consullanls qUlllilicatio n Experience

Elect rical & Instrument Cost for gaS/oi l


pipeline projects.

Design Engineer B. Sc in Mechanical Minimum 10 years of experience in oil,


(I nternati ona l) Engineering o r gas, power gene rat ion industries to
equivalent degree. engulcenng teams th e process
desig n, proj ect set-up
'" and
development, timely com pletion of
feasib ility, PEED and Er c projects.

Pipe line Engineer clIm B.Se. degree in Minimum 10 years of experience m


Depu ty Team Leader Engineering preparing pipcli ne design bas is, route
(National) selection & location class sllIdy reports,
block valve study report, route
verificat io n, mater ial grade selection
and wall th ickness selectio n etc .

Environ mental Masters degree in Minimum 10 years of profess iona l


Spec ial is teN at ion a I) Environmental experience in re levant fie ld. Mus! have
Scienec!B iologicnl relevant consultancy expenence m
Sciencel equi valent environmenta l impact assess men t
degree. alo ng with ex perience of working ill
several Peasibility Study, EIA, ES IA,
etc. studies for heavy ind ustries.

DIA & Risk Managem ent Masters degree ill Minimum 10 years of professio nal
Specialist (National) Engineering/environ experi ence in relevant fi eld.
mental Must have relevant consultancy
science/Disaster ex perience m envi ronmental impact
Management! assessment al ong with experience of
relevan t discipline. work ing in several Feasibility Study,
DIA, ESIA, elC. studies fo r heavy
industries.

Soc iologist (Nat ional) Masters degree in Min imum 10 years of pro fessiona l
Social Science/ experience in re levant fiel d. Must have
Sociology. relevant consultancy experience
'"
" ?Ian'lIflQ
94 ,,JJf'!iJ u~_\.
Educational
Conslillants qualification Experience

soc ial impact assessment along with


experi ence of working In several
Feasibility Study, EIA , ESIA , etc.
stud ies for heavy in dustries.

Reseulc ment Expert Masterss degree in Minimum 10 years of profess ional


(Nat ional) Social experience in relevant field .
Science/Soc iology. Must have relevant consultancy
experie nce In Rcsettlement Study
along w ith experience of worki ng in
several Feas ibility Study, EIA , ESIA,
RAP, LAP etc.

Econom istl Financial Analyst Masters degree in Minimum 12 years of professional


(National) Econom ics! experience in relevant field .
Fi nunce/MBA/other Must have re leva nt consulta ncy
relevant d isciplines. expe rience in Financ ial A nalysis along
wi th experience of work ing in similar
Feasibility Study, DP P preparation, etc.

Geotechnical Expert B. Sc. in C ivil Min im um 10 years o f experience as


(Nationa l) Engineer ing o r Geotcchn ical Expert or eq uivalenl.
eq uiva lent degrec.

Morpho logist (Nationa l) B .Sc. degree in Civ il Minimum 10 years of profess ional
Eng ineeringl Water experience in morphological analysis
Resources along wi th experience of working In
Eng i neer ingiHyd ra ul Feasibi lity Study or related field.
ic Eng in eering!
equivalent degree.

Institutio nal and Legal Masters degree in Minimum 12 years 01' profess ional
Specia list (Natio na l) Law or equiva lent ex perience in rel evant fi e ld. Must have
degree . relevant consulta ncy experience In
institut iona l analysis and capacity
buildin g along with cxperlence of

95
Ed ucational
C onsultants q ualificatio ll Experience

working in several Feas ibi lity Study,


EIA, ES IA , RAP, LAP etc.

Route Survey Specia list Bachelor degree in Minimum 12 years of profess ional
(National) Survey ingl Civil ex perience in relevant tie ld. Must be
Engineeri ngl special ized In G IS, surveY in g
Geography/ URP/ equ ipment, such as high-prec ision
relevant di scipline. instru ments, RT K, DGPS and global
pos it ioning techno logies, to acquire
spatial data.

AutoCA D Operator B.Sc. degree in Minimum 12 (twelve) years of


(National) SurveyinglGeograph professional experience In relevant
yl C ivil/relevant fi eld. Must have relevant consultancy
d isc ip line . experience in the field of drawing and
des ign. Extensive experience is
required with Auto-CAD. A RC! INFO,
ArcY iew Pro and ArcYiew software.

Fie ld Surveyor! Data Ana lyst Grad uatio n degree in Minimum live (05) years of
(Nat ional) relevant discipline . professional experience 111 rcievllnt

fie ld .
Must have relevant survey experie nce
III customer survey! socioecono mic
survey! land use survey etc. and data
analysis.

7. List of reports. Sch edule o f I"C P O!"! d elive ries

» The Inception Report shall be submined in three (03) copies w ithi n 30 days from the
commencement of the service.

» Draft Final Repol1 shall be submitted III fiv e (05) copies w ithin 120 days from the
commen cement of the service.

» Feedback co llection fro m all stakeholders by arranging a semi nar as required within 15
days ofsubrn iss io n of the Draft Final Report.

»- The Final Report shall be subm itted in Ten ( 10) cop ies within 180 days from the date of

96
commcnce me nt ofl he service along with the digita l copy .
8. Client's Responsibilit ies
Issuance of request Jetter to officials, agents and representatives o f the Government for
co llection of secondary da ta (gas demand, sources data etc.) or ot her purposes as may be
necessary or appropriate for the prompt and effective implemen tation of the Services. During
site visits of potential ro utes of the feasib ility study area, the consultanl"S wi ll take GTCL
represe ntat ives wi th them for the assistance of their work.
9. Cons ultan t's Res ponsibilities

The COl1sll llant at their own res ponsibil ity and risk shall visit and examine the project site
and their surroundings, socia l and physical aspects and to obtain all informatio n that may be
necessary for the purpose of exec ution of study and preparation of re ports. Any cost
associated with the site vis it shall be borne by the Consultant. Prior permission may be
req uired for visit to the sensitive sites .

10. Report Structure


The Repon will have to be formul ated based on th e updated reasibility Study Format
circu lated by the Pl ann ing Commiss ion of Government of Bangladesh (GoB) that has been
attached herewith. The fin al Feasibility study report for Maheshkha li/Matarbari • Bnkhrabad
Gas Tran smi ssion Pipel ine wi ll have \0 be prepared by 2 (two) suitable segments separate ly
and will have to be submitted the reports accordingly.

97
"W fWlI • 'f'" """' ~ """"" .to.: C'I. IS<rn'! !I'mrn "'" """"" '!i!I'q;J """'''"' ~'''"'' """""
",~ . o::, . ~o~~ ~ 1lftfti' fll ~I ~ q:qlij l ct~ <n~"" "J1~flCt !lCflr-I 'I'm ~ (WR :If~~ I 1j>~ 'Il~~ ~ ~ >:\nfC~
'!II:' ""''''" " ' " ~'''"'' """"" ~ "Iil"', """m<>: (WI ~'Fl I
~I ~, ~~ ~ ~ ;:jRltA.,C;'Iil. <fftffi ~ ~ '"IfiI~ lii Ol'fw ~~~ ~ tr4'!'! ~'!lI'8/m!l
~r ~ffi 'IlRJ ~,,,,~gC)j '-'l~ t:mI'~ onr 1WI1'1

0::'. ~I(ti{ , .... ...... .. .... . ... . ........ ... .... ... ..... ..... .... . .. ... . . .. ... ~ "1B1oq>t:"I1 ~I
o~. TlI~>iR .!l~. '-'l~(3 ~>eii'lf1li!iI'1, ~~"1'. C"Itil<U~t'fT';l'ffi'I', liRlTl
O~. ~• ..!Im"'l1'R, .,R"tl"li~, I?tt1f m~~'IftI, ~ I
08. ~!j~)j~i1..!1~'I'fn. ~~, MCi!l"~t~'i'{~. 'Ci'Rft 1
Oel, ~ J(C~i.tuHI <!l<p"ffl'~. "'1rn .. t:I"11 Rsr"1', c-1t?I.*~ "i{~, ~I

98
Ministry of -------
Government of the People's Republic of Bangladesh

Feasibility Study for -- (Name of the ProjectlProjects)

---------- (Month) 20--


1

99
Executive Summary

Summarise the key findings of the Feasibility Study and


recommendations.

100
Project Feasibility Study Report

Section 1: Basic Information .

'- Name of the Project


2. (a) Sponsoring M in istryfDivision
(b) Impl emen ting Agency
1. Project Objectives (Project to be taken
based all the study)
4. Estimated Project Cost
[ {'a ka in Crore)
5. Sector & Sub-Sector
6. Project Category ( Based on Environment
Conservation Rules (997)
7. Project Geographic Location
(a) Countryw ide
(b) Divis ion
(c) District
(d) Upazil.
(e) Others (C ity CorporationIPourashva)
8. Project Duration

Section 2: Introd ud ion


Describe the following:
(a) Project Background: Rationa le and genesis (Mention the sou rces of information
through reviewing the relevant documents);
(b) Objectives of the feasibility study;
(e) Approach and methodology of the feas ibil ity study; and
(d) Organization of the feas ibil ity study.

Section 3: MarketIDemand Analysis


This section assesses the need for pub lic investments and invo lves the elements listed below:
(a) Problem Stntement: Provide an explicit definit ion of the problem to be addressed,
identifY the likely causes (both direct and indirect) of the problem and give a brief
insight of the likely consequences if no intervention in public sector is made.
(b) Relevance of the Proj ect Id..:a: Justify the need for the proposed project by linking
the project(s) goals, outcomes and outputs to G lobal/National Development
Plans/Policies and Sector Strategic objectives.
(c) Proposed Project Interventions: Describe the intcrvent ions (project inputs &
outputs) that need to be undertaken by the government through the proposed project
to address the problem, describe the interventions undertaken earlier to solve this
problem by this organization or other organizations (if any). __ ~f.:~~"'.'.".-
3...-----"f"' .. I III , --:JA~~ \
~ 101
,
.. ~ '
tJ: w
:':'<1~
~x
. r;:~
"-
~'"
'1,:-' -
(d) Stakeholders: Identify the key stakeholders that are likely to be associated with the
project interventions.
(e) Demand Analysis: Identify the need for public investm ents by assessing:
(i ) Current demand (based on statistics provided by service providers!regu lators!
ministries/national & regional statistical offices for the various types of users);
(ii) Future demand (based on reliable demand forecast ing models) in bOlh the
scenarios with and without the project; and
(iii) Various constrains and means to meet the demand inc luding government
regulat ions, techno logical developments etc.
(f) SWOT Analysis: Identi fy the Strengths, Weaknesses, Opportunities and Threat5 to
the project.

Section 4: Tecbnicaiffechnological & Engineering analysis


A summary of the proposed project shall be presented with the fo llowing headings:
(a) Location : desc ri ption of the location of the project including a geographica l
illustration (map andlor geo-coord inates) with justi fication. Availability of land is a
key aspect; ev idence should be provided that the land is owned (or can be accessed)
by the organization, which has the full title to use it, or has to be purchased (or
rented) through acqu isition/requisition proce"ss. Besides, it should address if any kind
of utility shifting is required. Identify the issues of disaster ri sks (existing and futu re)
in the proposed location along with project site on hazard map.
(b) Technical design: description of the mai n components, technology adopted, design,
standards an d specifications. Key output indicators should be defined as the kcy
physical quantities produced (e .g. meiers, sq. meters, kilometers, nu mbers,
manmonths, etc.). If the project is in disaster prone areas and has the probability of
climate change impact, disaster and climatc change risks related information should
be integrated in techn ical design in order to address the impact of hazards on the
project.
(c) Output pla n: desc ription of the output and the expected utilization rate. These
elements descri be the service provision from the supply side in the context of the
forecasted demand.
(d) Costs esti mates: estimation orthe financial needs for project design, implementation
and operations, componentwise cost estimates should be provided based on evidence.
(e) Implementation timeline: considering the volume of works, capc ity of implementing
IIgency, budget flow (MTBF ceiling), project priority etc. a realistic project timeline
along with the implementation schedule should be prov ided (for example, a Gantt
chart with the work plan).

102
.'

Section 5: Environmenta l Sustaiaability, Climate Resilience and Disaster Risk Analysis


5.1 Environmental, Climate Change and Disaster Risk Analysis
SpecifY and describe the economic effects/impacts of environmental, disaster and climate
change and poss ible compensations for ecological damages. Key issues to be addressed: .
(a) What are the like ly environmental, disasters and cl imate change impacts or risks from
the project (any impact of project to increase the existing disaster and cl imate change
related risks andlor contribute to create m:w risks)?
(b) What co untcr measures are taken to reduce these impacts?
(c) ~ h at is the cost for reducing/mitigating the negative im pacts?
(d) Are there alternat ive ways of delivering the requi red services or goods wi thout
incurring these environmental costs? What are the costs of these alternatives?
(e) What types ofassessments are required for the project (e.g. EIA/DIA)?
(f) Are there any resett lements issues to be addressed? J[yes, provide resettlement
moda lity in details.

5.2 Assessmeot o f D isaster Resilieoce of the P roject


This section assesses the resi lience and address about uncertainties. Key indicators need to be
discussed:
(a) Contingency Plan for Emergency Disaster Management: Describe the evacuation plan
if requi red, institutional arrangement for shutting down of utility services, and general
procedures to be fo llowed by indi vid uals during disasters (Fire, Earthquake, Flood,
Cyclone etc.);
(b) Busi ness Contin ui ty Plan: Outline the key respo nse and recovery priorities. This plan
will detl!i l out how different utility services will be rendered to support the overall
Emergency Management Plan;
(c) T ime of Recovery: Required time for rehabilitation after a disaster; and-
(d) Reporting of resid ual risks: Reporting of remai ning risks after recognition and p Ul in
place ade:quate risk reduction measures.

Section 6: Cost-Benefi t Analysis


6.1 Financial Ana lysis

Describe the components of costs and be nefits at market prices inc luding opt ion analys is.
(a) Identify the components of cost & benefit;
(b) Transfer them in monetary value;
(c) Construct cash flow;
(d) Identify the Key Assumptions considered in exercises; then
(c) Compute the following indicators and interpret the results:
0) Financial Net Present Value (FNPV)
(ii) Financial Benefit Cost Ratio (FBCR)
( iii) Financial Internal Rate of Retum (FIRR)

103
6.2 Economic Analysis
Economic adjustments from fmancia! data using standard convers ion factor; after that costs
and benefits are appraised from the poi nt of view of the entire economy.
(a) Identify the direct, indirect and associated cost and benefit components;
(b) Adjust them where necessary;
(c) Convert the value of cost and benefit components into economic price by using
Standard Conversion Factor (SCF) determined by the Government;
Cd) Construct the cash flow ;
(e) Mention the Assumption;
(0 Compute the following indicators and interpret the results:

(i) Economic Net Present Value (ENPV)


(ii) Economic Benefit Cost Ratio (EBCR)
(iii) Economic Internal Rate of Retum (EIRR)

Section 7: Human Resources and Administrative Support Analysis


(During Implementation and Post Implementation of the project)
Point out th e functional structure and institutional capacity of the Agency (in terms of both
Technical & Financial) required for imp lementation and operational stages of the project(s),
sources of the workforce & financing arc needed to be identified. Key issues to be addressed:
(a) What types of managerial and skilled workforces are needed during impl ementation
and operational phases of the project?
(b) Does the project entity have ability to provide the managerial and skilled workforces
needed for implementation ofthe project? If not, provide suggestions specifically.
(c) Does the implementing agency have institutional capacity (fi nancial & tcchnical) to
retain the project output functi onal? If not, provide specific suggestions.
(d) Is the project entity equipped with skilled & experienced workforccs to operate the
project output? If not, provide specific suggestions.
(e) Does the entity have adequate fund under its recurring budget to incur thc operational
expendi~re of the project output? If not, provide specific suggestions.
(f) Is timing of project consistent with organ izational capacity (in tenos ofqunntity and other)?
A comparative statement should be provided in light of experience of the entity in project
implementation.

Section 8: Institutional and Legal Analysis

Illustrate the legal restrictions (if any) that may obstruct or impede the project duri ng its
implementation and functional stage ofthe project outputs, key issues are:
(a) Does the project match with the legal boundary (a ll ocation of business or mandate) of
the project entity?
(b) Are the capab ilities and physical facilities of the agency being properly utilized?
(c) Is there any need for adjustment (reforms) in the policy andlor institutional setu ~
tf"_,\I'.lng O(>;;~...
"~
':" -';,
~n'
~ 6
~ .'~ ~ ~; ,11>

\:sq.1''''~' ".,~
'"1: .

'~
..

104
(d) What adj ustments may be required before the project is implemented?
(e) Do the institutions have suitable ski lls and capacity in line with the project requirements?
(f) Are there any incentives or penalties in place to ensure the project delivery on time
and within the budget?
(g) Are there any critical governance issues that may affect implementation? If yes, state
briefly.
(h) Are there any cha ll enges related to cross..cutting issues to be addressed? ffyes, a
mitigation strategy would be suggested.
(i) Others (irony).

Section 9: Risk (Uncertainty) and Sensitivity Analysis


The flow of costs and benefits throughout the proj ect life is uncertain. Given that uncertainty,
Considerations have to be given to the costs that risks imply. The objective of this module is
to simu late various scenarios and generate guidance on how to reduce the risk exposure
through relevant contractual clauses. The questions that need to be answered are:
(a) What are the major risks that may affect project?
(b) How will the project be affected if the risk event materialized?
(c) What are the possible mitigation measures needed?
(d) How sens itive are the assumptions used in the fin ancial and economic models in an
environment that differs significantly?
(e) Are there any risks, legal and regulatory obligations that could increase costs or
decrease the benefits? If there any, how much project implementation may be
hampared or beni fit of the project may be reduced?

Section 10: Alternative/Options Analysis


Option Ana lysis with rec.ommendations & justifications. Technology and strategy
recommended to achieve the goa ls and objt:ctivcs of the proposed project should be described
along with advantages and disadvantages considering various technologies and strategies
applicab le.

Section 11: Recommendation and Conclusion


Illustrate the solutions spec ifica lly to overcome the critical issues that may hinder the project
implementation and th at would be supportcd by dit1crent sections of analysis.

Section 12: Anncxcs


Attach detailed technical and engineering des igns, plant prototypes de.... igns etc. Financial &
Economic models and any supporting documents.

,
,I
:/
7

105

You might also like