Government
of the People’s Republic of Bangladesh
Local Government Engineering Department
Third Primary Education Development Program (PEDP-3)
Agargaon, Sher-e-Bangla Nagar, Dhaka-1207
Request
for Expression of Interest (EOI) for Selection of Individual National
Consultant
EOI Ref No: LGED/PEDP-3/E-01/2012/6557 Date: 19/09/2013
The Local Government Engineering Department has been allocated public funds from the
Government of the Peoples Republic of Bangladesh (GOB) toward the cost of the Third Primary Education Development Program
(PEDP-3), and
intends to apply part of the proceeds of these funds to payments under the
contract for the provision of consultancy services for the project by an
individual consultant (national).
The services
include and the qualification and experience required for the assignment is as
follows:
|
Position |
No of Post |
Qualification |
Experience |
|
Project Management
Consultant |
1 |
B.Sc. in Civil
Engineering |
The candidates
must have a minimum educational qualification of Graduation in Civil
Engineering from a recognized institution. He should have total experience at
least 20 years and minimum 15 years should be relevant experiences.
Preference will be given having experiences in foreign aided projects. |
The Additional
Chief Engineer (Maintenance), LGED now invites eligible Applicants to apply for
the positions. Applicants are invited to
provide information indicating that they are qualified to perform the services
(complete CV with other details as required in the TOR).
A Consultant will
be selected using the selection of individual consultant sub-method in
accordance with the Public Procurement Rules
2008. It is expected that the services will be commenced on 1st
November 2013 at LGED Bhaban, Agargaon, Dhaka-1207 and shall be completed on 30th
October 2015.
Interested
consultants are required to submit their expressions of interest in accordance
with the standard Application Forms which may be obtained from the office of
the undersigned during normal office hours or available in the website: www.lged.gov.bd.
Expressions of Interest shall be submitted by 3.00 pm on 21th October 2013, in sealed
envelope delivered to Additional Chief Engineer (Maintenance), LGED and be
clearly marked “Request for Expressions of Interest for Selection of Project Management
Consultant”. Applicants who are already in employment shall have
to send their application through proper channel. Otherwise their applications
will not be considered. The procuring entity reserves the right to accept or
reject any or all the EOI without assigning any reason whatsoever.
(Md.
Ashraful Haque)
Additional Chief
Engineer (Maintenance)
LGED Bhaban (Level-7)
Agargaon, Sher-e-Bangla Nagar, Dhaka-1207
Memo: LGED/PEDP-3/E-01/2012/6557/1(3) Date:19/09/2013
Copy forwarded
for kind information and necessary action:
1.
Chief
Engineer, LGED, Agargaon, Sher-e-Bangla Nagar, Dhaka-1207.
2.
Superintending
Engineer (Admin), LGED, Agargaon, Sher-e-Bangla Nagar, Dhaka-1207.
3.
Manager
Advertisement, The Daily Star/The Daily Samakal,
(You are requested to publish the above EOI notice
for one day on or before 28-09-2013)
GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH
Local Government Engineering Department
Third Primary Education Development Program (PEDP-3)
Level-7, LGED Bhaban
Agargaon, Sher-e-Bangla Nagar, Dhaka-1207
Request for Application (RFA) For
Selection
of Individual Consultant (National)
Name
of Position: Project Management
Consultant
Request
for Application No.:
|
Issued To |
: |
|
|
|
|
|
EOI Ref. No. :
Date :
________________________________________________________
September 2013
Table of Contents
....................................................................................................................................................................................
2. Qualifications of the
Applicant
4. Corrupt, Fraudulent,
Collusive or Coercive Practices
B. Preparation,
Submission & Modification or Substitution of Applications
Section-3:... Application Forms
Form 3A: Application
Submission
Attachment:Form 3B. Curriculum Vitae (CV) of the Applicant
Form 3B. Curriculum Vitae (CV) of the Applicant
Form 3C. Indicative
Remuneration & Expenses
4.1 Contract Agreement
(Time-based)
3. Corrupt, Fraudulent, Collusive
or Coercive Practices
8. Relation between the Parties
20. Consultant not to be Engaged in
Certain Activities
21. Services, Facilities and
Property
Termination and
Settlement of Disputes
ANNEX A: Description
of the Services
ANNEX B: Cost
estimates of Services and Schedule of Rates
ANNEX C: Consultant’s
Reporting Obligations
Government of the
People’s Republic of Bangladesh
Section-1.
Information to the Applicants
A.
General
1.
Scope
of assignment
|
1.1
The Client has been allocated Public fund for Third Primary Education
Development Program (PEDP-3) and intends to select an Individual Consultant
for the specific assignment as specified in the Terms of Reference in Section 2. |
||
2.
Qualifications
of the Applicant
|
2.1
Prospective
Individuals shall demonstrate in their Applications that they meet the
required qualifications and experiences and are fully capable of carrying out
the assignment. |
||
|
|
2.2
The
capability of Individuals shall be judged on the basis of academic
background, experience in the field of assignment, and as appropriate,
knowledge of the local conditions, as well as language and culture. [ Minimum educational
qualifications, required experience have been mentioned in Terms of
reference in Section 2 ] |
||
3.
Eligible
Applicants
|
3.1
Any
Bangladeshi national including persons in the service of the Republic or the
local authority / Corporations is eligible to apply for the positions |
||
|
|
3.2
Government
officials and civil servants including individuals from autonomous bodies or
corporations while on leave of absence without pay are not being hired by the
agency they were working for immediately before going on leave and, their
employment will not give rise to Conflict of Interest, pursuant to Rule 112
(9) of the Public Procurement rules, 2008 |
||
|
|
3.3
Persons
who are already in employment in the services of the Republic or the local
authorities/ Corporation etc must have written certification from their employer
confirming that they are on leave without pay from their official position
and allowed to work full-time outside of their previous official position.
Such certification shall be provided to the Client by the Consultant as part
of his/her Applications |
||
|
|
3.4
No
person who has been convicted by any Court of Law or dismissed from Services
for misconduct shall be eligible for consideration for appointment to a post. |
||
|
|
3.5
The Applicant has the legal capacity to enter into
the Contract |
||
|
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3.6
The Applicant has fulfilled its obligations to pay
taxes and social security contributions under the relevant national laws. |
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|
|
3.7
The Applicant shall not be under a declaration of
ineligibility for corrupt, fraudulent, collusive or coercive practices in
accordance with Sub-Clause 4.2. |
||
|
|
3.8
The Applicant shall not have conflict of interest
pursuant to the Clause 5 |
||
4.
Corrupt,
Fraudulent, Collusive or Coercive Practices
|
4.1
The Government requires that Client, as well as
Applicants, shall observe the highest standard of ethics during the
implementation of procurement proceedings and the execution of Contracts
under public funds. |
||
|
|
4.2
The Government defines corrupt, fraudulent,
collusive or coercive practices, for the purposes of this provision, in the Contract
Agreement Sub-Clause 3.4 |
||
|
|
4.3
Should
any corrupt, fraudulent, collusive or coercive practice of any kind come to
the knowledge of the Client, it shall, in the first place, allow the
Applicant to provide an explanation and shall, take actions only when a
satisfactory explanation is not received. |
||
|
|
4.4
If the Client at any time determines that the
Applicant has, directly or through an agent, engaged in corrupt, fraudulent,
collusive or coercive practices in competing for, or in executing, a Contract
under public funds., the Client shall: (a)
exclude the Applicant from participation in the
procurement proceedings concerned or reject an Application for award; and (b)
Declare the
Applicant ineligible, either indefinitely or for a stated period of time,
from participation in procurement proceedings under public funds. |
||
5.
Conflict
of
|
5.1
Government
policy requires that the Applicant provide professional, objective, and
impartial advice, and at all times hold the Executing Agency’s (Client's)
interests paramount, without any consideration for future work, and strictly
avoid conflicts with other assignments or their own corporate interests. |
||
|
|
5.2
The
Applicant shall not be hired for any assignment that would be in conflict
with their prior or current obligations or that may place them in a position
of not being able to carry out the assignment in the best interest of the
Client. |
||
|
|
5.3
Pursuant to Rule 55 of the Public Procurement Rule 2008, the Applicant has an obligation to disclose any situation of actual or
potential conflict of interest that impacts on his capacity to serve the best
interest of his Client, or that may reasonably be perceived as having this
effect. Failure to disclose said situations may lead to the disqualification
of the Applicant or the termination of its Contract. |
||
|
|
5.4
The Applicant that has a business or family
relationship with a member of the Client’s staff may not be awarded a
Contract, unless the conflict stemming from this relationship has been
addressed adequately throughout the selection process and the execution of
the Contract. |
||
B. Preparation,
Submission & Modification or Substitution of Applications
|
|||
6.
Preparation
of Application
|
6.1
Applications shall be typed or written in indelible
ink in English language and shall
be signed by the Applicant. Applicants are required to complete the following Forms: (a)
Form 3A: Application Submission Form; (b)
Form 3B: CV of the Applicant; and (c)
Form 3C: Remuneration and Reimbursable |
||
|
|
6.2
The Remuneration and reimbursable are purely indicative and are subject to
negotiations and agreement with the Client prior to finalisation of the
Contract. |
||
7.
Submission
of Application
|
7.1
Pursuant to Rule-113(5) of the Public Procurement Rules, prospective
Applicants can deliver their Application by hand, mail, courier service to
the address mentioned in the request for Application advertisement. |
||
|
|
7.2
Application shall be properly sealed in envelopes addressed to the
Client as mentioned in the request for Application advertisement and bear the
name & address of the Applicant as well as the name of the assignment. |
||
|
|
7.3
In case of hand delivery, the Client, on request, shall provide the
Applicant with a receipt. |
||
|
|
7.4
The closing date for submission of Application is [insert date] up to
[insert time] Applications must be submitted within this deadline. Any
Application received after the deadline for submission of Applications shall
be declared late, and returned unopened to the Applicant. |
||
|
|
7.5
Applications may be modified or
substituted before the deadline for submission of Applications. |
||
|
|
7.6
The Client may at its sole discretion, extend the deadline for
submission of Applications. |
||
|
|
7.7
At any time prior to the deadline for submission of Applications the
client for any reason on its own initiative may revise the Request for
Application Document by issuing an Addendum which shall form an integral part
of the Document. |
||
C. Evaluation
of Applications
|
|||
8.
Evaluation
of applications
|
8.1
Suitability of the Applicants shall be rated by
evaluation on the basis of their academic background, relevant Working
Experience and its adequacy for the assignment, knowledge of local conditions
as well as language. |
||
|
|
8.2
The points to be given under each of the evaluation
Criteria are: |
||
|
|
Criteria |
Points |
|
|
|
·
Educational Qualification
|
20 points |
|
|
|
·
Relevant Working Experience and its adequacy for the
assignment |
65 points |
|
|
|
·
Suitability considering age, skill (such as training,
computer skills, proficiency in English and Bengali languages and others). |
10 points |
|
|
|
Total points: |
95 points |
|
|
|
8.3
Applicants thus given points as stated under Clause
8.2, not securing the minimum qualifying points not less than 70 shall be considered
disqualified. |
||
|
|
8.4
Applications shall be evaluated by the PEC, who
shall prepare a short-list of maximum seven (7) Applicants |
||
|
|
8.5
The qualified short-listed Applicants as stated
under Clause 8.4 shall be invited for an interview to test their aptitude and
presentation by the PEC and shall be rated with five (5) points. |
||
|
|
8.6
Points
already secured by the Applicants in the evaluation as stated under Clause
8.5, shall be combined with the points obtained in the interview and a list
of maximum three (3) most suitable Applicants ranked in order of merit
(1-2-3) shall be prepared. |
||
|
|
8.7
In pursuant to Rule 114 of the Public Procurement
Rules 2008, there shall be no public opening of Applications. |
||
|
|
8.8
The Client shall immediately after the deadline for
submission of Application convene a meeting of the Proposal Opening
Committee(POC) |
||
|
|
8.9
The POC, having completed the record of opening,
shall send the Applications received and the opening record to the PEC. |
||
|
|
8.10
Following
the opening of the Applications, and until the Contract is signed, no
Applicant shall make any unsolicited communication to the Client. Such an
attempt to influence the Client in its decisions on the examination,
evaluation, and comparison of either the Applications or Contract award may
result in the rejection of the Application. |
||
9. Application
Negotiations
|
9.1
The
first-ranked Applicant stated under Clause 8.5 shall then be invited for
negotiations, pursuant to Rule 122 of the Public Procurement Rule, 2008 at
the address of the client. |
||
|
|
9.2
If
this fails, negotiate with the second-ranked Applicant, and if this fails
negotiate with the third-ranked Applicant, with the hope that successful
negotiations are concluded |
||
|
|
9.3
During
negotiations, the Client and the Applicant shall finalize the “Terms of
Reference”, work schedule, logistics and reporting schedule etc. These
documents shall then be incorporated into the Contract as Description of
Services” |
||
|
|
9.4
The Financial negotiations will involve the remuneration and other
reimbursable cost to be paid to the Applicant. |
||
|
|
9.5
Negotiations will conclude with a review of the
draft Contract. To complete negotiations the Client and the Applicant will
initial the agreed Contract. |
||
D. Award of Contract
|
|||
10. Award of Contract
|
10.1 After completing negotiations and having received the approval to award
the contract, the Client shall sign the Contract with the selected Applicant. |
||
11. Debriefing
|
11.1 After signature of the Contract, the Client shall promptly notify
other Applicants that they were unsuccessful. |
||
|
|
11.2 The Client shall promptly respond in writing to any unsuccessful
Applicant who request the client in writing to explain on which grounds its
application was not selected. |
||
12. Commencement of Services
|
12.1 The applicant is expected to commence the assignment on 1st November 2013 at LGED Bhaban, Agargaon, Dhaka 1207. The
duration of the contract shall be 24 Months from
the date of commencement. |
||
Section-2: Terms of Reference
(a)
Background and General Description
Primary Education
Development is being carried out since inception of Bangladesh following global
and national policies such as Millennium Development Goal (MDG), Constitutional
of Bangladesh, National Perspective Plan, Sixth Five Year Plan (SFYP), National
Education Policy etc. Series of development projects/programs were/are being
carried out following that. Third Primary Education Development Program
(PEDP-3) has been incepted since 1st July 2011 for a period of five
years following successful completion of PEDP-2. There are many stakeholders
under PEDP-3. LGED under Local Government Division (LGD) of Ministry of Local
Government, Rural Development and Co-operatives (MoLGRD&C) is responsible for
reconstruction, construction of additional class room, primary education
offices, maintenance and supply of furniture.
LGED
is seeking an experienced professional to assist in Third Primary Education
Development Program (PEDP-3) as well as in overall management of LGED
activities. This position is initially a fixed-term position for two years and
could be renewed if needed and warranted by the candidate’s performance.
Our Strategic Objectives:
§ Development
of Rural, Urban, Small Scale Water Resources and Primary Education
infrastructure;
§ Provide
Technical Assistance to Rural and Urban Local Government Institute;
§ Provide
Technical Assistance to other ministries such as Ministry of Primary and Mass
Education (MoPME);
§ Support
policies and interventions that promote growth rate, reduce poverty, inequality
and vulnerability; promote gender equity, and empower the poor;
§ Ensure
Transparency, Accountability and Good Governance in carrying out own mandate.
Our
Values:
Focusing
on results on the ground;
Improve
human living standard through development and maintenance of infrastructure;
Ensure
child friendly / social-environment friendly / hill friendly / gender sensitive
and climate resilient infrastructure for quality primary education;
Being
collaborative and innovative;
Forging
partnerships with the public and private sectors;
Being
at the frontier of knowledge in our areas of expertise.
(b)
Objectives
of Services Required
The objective of the services of Project Management
Consultant is to appraise infrastructure development activities in on-going
programs/projects under DPE, Assist Additional Chief Engineer (Maintenance) to
carry out all preparatory works needed for infrastructure development
activities under MPOME, Assist in Monitoring infrastructure development
activities under MOPME; Assist and advise the Chief Engineer, LGED in overall
management of LGED activities; Updating CE, LGED about the current status of
all projects and program of LGED and Identify problems, weaknesses and critical
gaps in LGED ongoing activities and advise CE, LGED for problem shooting.
(c)
Scope
of The Services Required ( Duties And Responsibility)
Project Management
Consultant will appraise and monitor infrastructure development activities
under MoPME, assist in all preparatory works as well as preparation of
guidelines/formats/checklists and different sort of reports. Besides these, PMS
will assist CE, LGED in monitoring LGED activities, preparation of Annual
Progress Report and other reports as and when required.
The
individual consultant in the capacity of Project Management Consultant will provide consultancy service in
areas of planning, monitoring, reporting and evaluating primary schools
construction works as well as assist Chief Engineer, LGED in monitoring LGED
activities and in adopting remedial measures as and when required. The
consultant will perform his duties in accordance with acceptable professional
standard, utilizing sound engineering, management and economic practices of
national standard. The assignments of Project
Management Consultant will include, but not limited to, the following:
1.
Work under the direct supervision of the Chief
Engineer and work in close coordination with Project Management Unit (PMU),
LGED for MOPME delegated works.
2.
Keep close liaison with Chief Engineer LGED for
different activities of LGED projects/programs and update him with the progress
and problems time to time.
3.
Assist CE, LGED in evaluation of projects/programs.
4.
Suggest remedial measures against problems and
Action Plan for timely completion of LGED mandate with desired quality.
5.
Prepare progress report, brochure, and speeches,
supplementary to be published in national dailies as and when required.
6.
Prepare paper and presentation for seminar/workshop
as well as documentation of those.
7.
Provide LGED overall assistance and guidance for
efficient management and smooth implementation of the Primary Education
Infrastructure Development.
8.
Assist in preparation of reports, documents,
formats and checklist for smooth implementation of PEDP-3 and other projects of
MOPME being implemented by LGED.
9.
Advise and assist LGED in the preparation of yearly
planning and implementation program.
10.
Review the progress of the project/program at LGED
head quarter/Divisional level/District level, identify the problems/bottlenecks
and suggest action for mitigation.
11.
Add better technical expertise in the
existing management of LGED and PEDP leading to better management.
12.
Promote LGED with suitable and better
management policy to face and manage ever increasing work pressure including
associated with the existing LGED management.
The Project Management Consultant
will report to the Chief Engineer, LGED. He will work closely with Additional Chief
Engineer (Maintenance), LGED and Superintending Engineer (PEDP), LGED.
(d)
Selection
Criteria
Candidates meeting the following requirements are
encouraged to apply:
·
Minimum Educational
Qualifications: B.Sc. Engineering (Civil)
·
Minimum Overall Experience: 20 Years;
·
Minimum 15 years experience in the relevant filed;
·
Close familiarity with development activities
specially Foreign Aided Projects Activity at local level;
·
Adequate knowledge about LGED development activity
particularly in Primary Education Development Program;
·
Familiarity with relevant institutions, the sources
of economic data in Bangladesh;
·
Excellent analytical and communications skills and
ability to write clearly and concisely;
·
Strong interpersonal skills and ability to work
effectively in a team-based environment and under tight time constraints;
·
Ability to provide the full range of operational
assistance with independent responsibility;
·
Ability to build effective working relations with
Client’s and colleagues.
(e)
Indicative
Work Program and Location(s) of various activities to be carried out by
Consultant
The Project Management
consultant’s office shall be within LGED Bhaban at Sher-e-Bangla Nagar,
Agargaon, Dhaka-1207. He will work closely with Chief Engineer, Additional
Chief Engineer (Maintenance) and Superintending Engineer (PEDP), LGED.
His works shall be within and not
limited to as mentioned above. He will have to attend meeting with relevant
stakeholder at Dhaka and regional levels.
Section-3:
Application Forms
Form 3A :
Application Submission Form
Form 3B : CV of the Applicant
Form 3C: Remuneration and
Reimbursable
Form 3A:
Application Submission
Date: ..................
To
The Additional Chief Engineer (Maintenance)
Local Government Engineering Department
Level-7, LGED Bhaban, Agargaon
Sher-e-Bangla Nagar, Dhaka-1207
Dear Sirs:
I am hereby submitting my
Application to provide the consulting Services for Project Management Consultant in strict accordance with your Request for
Application dated ........................
I declare that I was
not associated, nor have been associated in the past, directly or indirectly,
with a Consultant or any other entity that has prepared the design,
specifications and others documents in accordance with Clause 5.
I further declare
that I have not been declared ineligible by the Government of Bangladesh on
charges of engaging in corrupt,
fraudulent, collusive or coercive practices in accordance with Clause 4.
I undertake, if I am
selected, to commence the consulting Services for the assignment not later than
the date indicated in Clause 12.1.
I understand that you are
not bound to accept any Application that you may receive.
Yours sincerely,
Signature :
Name :
Address :
Telephone :
Attachment:
Form 3B. Curriculum Vitae (CV) of the Applicant
|
1 |
PROPOSED POSITION FOR THIS PROJECT : |
Project Management Consultant |
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|
2 |
NAME
OF PERSON : |
[state full name] |
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|
3 |
DATE OF BIRTH : |
[ dd/mm/yy] |
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|
4 |
NATIONALITY : |
|
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|
5 |
MEMBERSHIP IN PROFESSIONAL SOCIETIES |
[state rank and name of society and year of
attaining that rank]. |
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|
6 |
EDUCATION |
[list all the colleges/universities which the
Applicant attended, stating degrees
obtained, and dates, and list any other specialised education of the
Applicant ]. |
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|
7 |
OTHER TRAINING |
[indicate significant training since degrees under
EDUCATION were obtained, which is pertinent to the proposed tasks of the
Consultant]. |
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|
8 |
LANGUAGES & DEGREE OF PROFICIENCY |
Language |
Speaking |
Reading |
Writing |
|
|
|
e.g. English |
Fluent |
Excellent |
Excellent |
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|
9 |
COUNTRIES OF |
|
||||
|
10 |
EMPLOYMENT RECORD [starting with present position list in reverse
order [every employment held and state the start and end dates of each
employment] |
[The Applicant should
clearly distinguish whether as
an “employee” of the firm or as a “Consultant” or “Advisor” of the firm]. [The Applicant should clearly indicate the Position
held and give a brief description of the duties in which the Applicant
was involved]. |
||||
|
|
EMPLOYER 1 |
FROM: [e.g. January 1999] |
TO: [e.g. December 2001 |
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|
|
EMPLOYER 2 |
FROM: |
TO: |
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|
|
EMPLOYER 3 |
FROM: |
TO: |
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|
|
EMPLOYER 4 (etc) |
FROM: |
TO: |
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|
11 |
WORK UNDERTAKEN THAT BEST
ILLUSTRATES THE CAPABILITY TO HANDLE THIS ASSIGNMENT |
[give an outline of experience and training most
pertinent to tasks on this assignment, with degree of responsibility held. Use
about half of a page A4]. |
||||
|
12 |
COMPUTER SKILL |
|
||||
CERTIFICATION
[Do not amend this
Certification].
I,
the undersigned, certify that (i) I was not a former employee of the Client
immediately before the submission of this proposal, and (ii) to the best of my
knowledge and belief, this CV correctly describes myself, my qualifications,
and my experience. I understand that any wilful misstatement described herein
may lead to my disqualification or dismissal, if engaged.
Signature :
Print
Name :
Date
of Signing :
dd/mm/yyyy :
Form 3C. Indicative Remuneration
& Expenses
The Consultant should provide an
indication of the remuneration as per the format shown below. This will not be
used for evaluation of the Consultant’s Application but solely for the purposes
of Application Negotiations to be held as stated in Clause 9.1 .
(1)
Remuneration
|
Rate (per month / day / hour in Tk) |
Staff Time (No. month / day / hour) |
Total (Tk) |
|
|
|
|
Note: A month consists of 30 calendar days.
(2)
Reimbursable (as applicable)
|
|
Rate per unit |
Total unit |
Total Amount (Tk) |
|
(a) Per Diem Allowance |
|
|
|
|
(b) Air Travel Costs |
|
|
|
|
(c) Other Travel Costs (state
mode of travel) |
|
|
|
|
(d)
Communication charges |
|
|
|
|
(e)
Reproduction of Reports |
|
|
|
|
(f) Other Expenses (to be listed) |
|
|
|
|
|
|
|
|
|
|
|
Sub-total |
|
|
CONTRACT CEILING (1) + (2) |
|
Section-4. Contract Forms
The Contract
Agreement, which once completed and signed by the Client and the
Consultant, clearly defines the Client’s and Consultants’ respective
responsibilities.
4.1 Contract Agreement (Time-based)
THIS CONTRACT (“the Contract”) is entered into this
day of [dd/mm/yy], by and between [insert name of Client] (“the Procuring
Entity”) having its office at [insert
address of Client], and [insert
name of Consultant] (“the Consultant”) having his/her address at [insert address of Consultant]. WHEREAS, the Client wishes to have the Consultant
performing the Services hereinafter referred to, and WHEREAS, the Consultant is willing to perform these
Services, |
|
General
|
|
1.
Services
|
1.1 The Consultant shall perform the Services specified in Annex A (Description of Services), which are
made an integral part of the Contract. |
2.
Duration
|
2.1 The Consultant shall perform the Services during the period commencing
from [dd/mm/yy] and continuing
until [dd/mm/yy], or any other period as may be subsequently agreed by the parties
in writing. |
3.
Corrupt,
Fraudulent, Collusive or Coercive Practices
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3.1 The Government requires that Client , as well as Applicants, shall
observe the highest standard of ethics during the implementation of
procurement proceedings and the execution of Contracts under public funds. |
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3.2 The Government defines corrupt, fraudulent, collusive or coercive practices,
for the purposes of this provision, in the Sub-Clause 3.5 |
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3.3 Should any corrupt, fraudulent,
collusive or coercive practice of any kind come to the knowledge of the
Client, it shall, in the first place, allow the Applicant to provide an
explanation and shall, take actions only when a satisfactory explanation is
not received. |
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3.4 If the
Client at any time determines that the Applicant has, directly or through an
agent, engaged in corrupt, fraudulent, collusive or coercive practices in
competing for, or in executing, a Contract under public funds., the Client
shall: (a)
exclude the Applicant from participation in the
procurement proceedings concerned or reject an Application for award; and (b)
declare the
Applicant ineligible, either indefinitely or for a stated period of time,
from participation in procurement proceedings under public funds. |
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3.5 The Government defines, for the purposes of this provision, the terms
set forth below as follows: “corrupt practice” means
offering, giving or promising to give, receiving, or soliciting either
directly or indirectly, to any officer or employee of a Client or other
public or private authority or individual,
a gratuity in any form; employment or any other thing or service of value as
an inducement with respect to an act or decision or method followed by a
Client in connection with a Procurement proceeding or Contract execution; “fraudulent practice” means the misrepresentation or omission of facts
in order to influence a decision to be taken in a Procurement proceeding or Contract execution; “collusive practice” means a scheme or arrangement between two (2) or more Persons, with or without the
knowledge of the Client, that is designed to
arbitrarily reduce the number of Tenders submitted or fix Tender
prices at artificial, non-competitive levels, thereby denying a Client the
benefits of competitive price arising from genuine and open competition; or “coercive
practice” means harming or
threatening to harm, directly or indirectly, Persons or their property to
influence a decision to be taken in the Procurement proceeding or the
execution of a Contract, and this will include creating obstructions in the
normal submission process used for Tenders, Applications, Proposals or
Quotations. |
4.
Applicable
Law
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4.1 The Contract shall be governed by and interpreted in accordance with
the laws of the People’s Republic of |
5.
Governing
Language
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5.1 The language governing the Contract shall be English, however for day
to day communications in writing both Bangla and English may be used. |
6.
Modification
of Contract
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6.1 The Contract shall only be modified by agreement in writing between
the Client and the Consultant. |
7.
Ownership
of Material
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7.1 Any studies, reports or other material, graphic, software or
otherwise, prepared by the Consultant for the Client under the Contract shall
belong to and remain the property of the Client. |
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7.2 The Consultant may, with the prior written approval of the Client,
retain a copy of such documents and software, but shall not use them for
purposes unrelated to the Contract. |
8.
Relation
between the Parties
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8.1 Nothing contained in the Contract shall be construed as establishing
or creating any relationship other than that of independent Consultant
between the Client and the Consultant. |
9.
Contractual
Ethics
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9.1 No fees, gratuities, rebates, gifts, commissions or other payments,
other than those shown in the Contract, shall have been given or received in
connection with the selection process or in the contract execution. |
Payments to the Consultant
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10. Ceiling Amount
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10.1 The Client shall pay the Consultant for the Services rendered pursuant
to ‘Description of Services’ ‘a
ceiling amount not to exceed Tk [insert amount], which includes
remuneration and reimbursable expenses as set forth in Clauses 10.2. These
amounts have been established based on the understanding that it includes all
of the Consultant’s costs as well as any tax obligation that may be imposed
on the Consultant. |
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10.2 The composition of the Remuneration and Reimbursable which make up the
ceiling amount are detailed in Annex B |
11. Remuneration
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11.1
The Client shall pay the Consultant for Services
rendered with the rates agreed and specified in ANNEX B “Cost estimates
for Services and Schedule of Rates”. Remuneration rates shall be on
monthly/daily/hourly [ delete those inappropriate ] 11.2
Monthly Rate: The time
spent in performing the Services shall include travel time, weekends and
public holidays, and to the extent specified in Clause 15.2 shall also
include periods of casual leave and sick leave. In cases where only part of a
month is worked then remuneration shall be computed by dividing the monthly
rate by 30 and multiplying by the number of days worked i.e. time spent (as
described above) during that month; or |
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Daily rate: The
time spent in performing the Services shall be determined solely on the basis
of the number of days actually worked by the Consultant, and shall include
travel time, but not weekends, public holidays, casual or sick leave
or |
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Hourly rate: The
time spent in performing the Services shall be determined solely on the basis
of the number of hours actually worked by the Consultant, and shall include
travel time, but not weekends, public holidays, casual or sick leave. |
12. Reimbursable
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12.1
Per Diem Allowance: The Consultant shall, when performing the
Services away from the duty station, be entitled to per diem allowance in
accordance with the agreed per diem rates. |
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12.2
Travel Costs: The Consultant shall, when performing the Services
away from the duty station, be entitled to travel costs in accordance with
the agreed travel costs. |
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12.3
Other Expenses: The Consultant shall, when performing the Services,
be entitled to reimbursement of any other expenses as detailed in Annex B. |
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12.4
For other reasonable reimbursable expenses not
falling within the above three categories, but which may arise during
performance of the Services, such expenses will only be reimbursed by the
Client as it may at its sole discretion approve, subject to available of
budget. |
13. Payment Conditions
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13.1
Currency: Payments shall be made in Bangladesh Taka by the end
of each calendar month or within fifteen (15) calendar days of receipt of the
Invoice as the case may be. 13.2
Advance Payment: The Consultant shall, if
he/she so requests, be entitled to a total advance payment, as specified in
Annex B, to cover his/her out-of-pocket expenses which are to be recovered in
equal installments from monthly amounts due to him/her. [For aid funded procurement Advance Payments may be
applicable. However, for 100% GOB funded procurement Advance payments shall
not be applicable unless otherwise specifically decided by The Government.] |
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13.3
Monthly Payments: The Consultant shall submit an Invoice for
Remuneration and Reimbursable at the end of every month and payments shall be
made by the Client within fifteen (15) calendar days of receipt of the
invoice. 13.4
Final Payment: The
final payment shall be made only after the final report shall have been
submitted by the Consultant and approved as satisfactory to the Client. If
the Client notifies any deficiencies in the Services or the final report, the
Consultant shall promptly make any necessary corrections, to the satisfaction
of the Client. 13.5
Suspension: The Client may, by written notice of suspension to
the Consultant, suspend all payments to the Consultant hereunder if the
Consultant fails to perform his/her obligations under this Contract. 13.6
Refund of Excess Payment: Any amount if paid to the
Consultant in excess of the amount actually payable under the provisions of
the Contract shall be reimbursed by the Consultant within thirty (30) days of
receipt of the claim from the Client, provided that such claim is lodged
within three(3) months after the acceptance of the final report. |
Obligations of the Consultant
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14. Medical Arrangements
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14.1
The Consultant shall, before commencement of the Services furnish the
Client with a medical report providing evidence satisfactory to the Client
that the Consultant is in good health and is not subject to any physical or
mental disability which may interfere with his/her performance of the
Services. |
15.
Working
Hours and Leave
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15.1
The Consultant shall, when engaged directly with the
Client, follow the normal Working Hours and Holidays of the Client, and
entitlement to leave as per the Client’s Rules. |
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15.2
The Consultant’s remuneration shall be deemed to
cover leave except otherwise specified
in the Contract. |
16.
Performance
Standard
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16.1
The Consultant undertakes to perform the Services
with the highest standards of professional and ethical competence and
integrity. |
17. Contract
Administration
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17.1
Client’s Representative The Client’s representative, as indicated in Annex
A, shall be responsible for the coordination of all activities under the
Contract. 17.2 Timesheets The Consultant providing Services may be required to
complete standard timesheets or any other document to identify the time
spent, as requested by the Client’s Representative. |
18.
Confidentiality
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18.1
The Consultant shall not, during the term of the Contract or within
two years after its expiration, disclose any proprietary or confidential
information relating to the Services, the Contract or the Client’s business
operations without the prior written consent of the Client. |
19.
Consultant’s Liabilities
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19.1
The Consultant shall continue to cooperate with the Client after the
termination of the Contract, to such reasonable extent as may be necessary to
clarify or explain any reports or recommendations made by the Consultant. |
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19.2
The Consultant shall report immediately to the Client any
circumstances or events which might reasonably be expected to hinder or
prejudice the performance of the Services. |
20.
Consultant not to be
Engaged in Certain Activities
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20.1
The Consultant agrees that, during the term of the Contract and after
its termination, the Consultant shall be disqualified from providing goods,
works or services (other than any continuation of the Services under the
Contract) for any project resulting from or closely related to the Services. |
Obligations of the Client
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21.
Services, Facilities and
Property
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21.1 The Client shall, free of any charge to the Consultant, make available
for the purpose of carrying out the assignment data, local services,
personnel, and facilities indicated in Annex A. |
Termination
and Settlement of Disputes
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22.
Termination
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22.1
By the Client The Client may terminate the Contract by not less
than twenty-eight (28) days written notice to the Consultant, Such notice to
be given after the occurrence of any event necessitating such termination. 22.2
By the Consultant The
Consultant may terminate the Contract, by not less than twenty eight (28)
days written notice to the Client, if the Client fails to pay any monies due
to the Consultant pursuant to the Contract. |
23.
Dispute
Resolution
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23.1
Amicable Settlement The Client and the Consultant shall use their best efforts to settle
amicably all disputes arising out of or in connection with this Contract or
its interpretation. |
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23.2
Arbitration If the dispute cannot be settled the same may be settled through
arbitration in accordance with the Arbitration Act 2001 of |
IN
WITNESS WHEREOF the parties hereto have signed this agreement the day and year
first above written.
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FOR THE CLIENT |
FOR THE CONSULTANT |
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Signature |
Signature |
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Print Name & Position: |
Print Name: |
The
following documents forming the integral part of this contract shall be
interpreted in the following order of priority:
(a)
The Form of contract
Annex A: Description of Services
Annex B:
Cost Estimates of Services and Schedule of Rates
Annex C: Consultant’s Reporting
Obligations
ANNEX A: Description of the Services
[Give detailed descriptions of the Services including
its (a) Background, (b) Objectives, (c) Detailed negotiated TOR providing a
description of Services to be provided , (d) Work plan with dates for
completion of various tasks, (e) Place of performance of different tasks, (f)
Specific tasks to be approved by the Client; etc.).
[also ensure the following data is listed in this
Annex in conformity with the Contract Agreement.
1.
The name of the main location (Duty Station) at which
the Services are to be provided. Also advise if any other travel will be
necessary, and if so, to which expected locations will the Consultant be
required to travel.
2.
Indicate the Contact Addresses for Notices and Requests
as indicated in Clause 22.1 of the Contract Agreement.
(a) Address of the Client:
(With phone number, Fax number & e-mail)
(b) Address of the Client:
(With phone number, Fax number & e-mail)
Note : As mentioned in RFA and EOI. Negotiated shall
be provided in Contract Agreement)
3.
Logistics and
facilities to be provided to the Consultant by the Client are listed below:
·
Office space with furniture including file cabinet
and electric connection;
·
Office Assistant(s)/Support staff;
·
Office equipment like computer, printer etc;
·
Facilities for production and binding of reports etc.
shall be the responsibility of the Client in case of Time based contract.
·
Any other facilities agreed by both Client & the
Consultant.
ANNEX B: Cost estimates of Services and Schedule of
Rates
(A) Remuneration
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Name of Consultant |
Rate, Taka |
Quantity |
Total Taka |
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(a) |
(b) |
(c) |
(d) = (b) x (c) |
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Remuneration is made on a [state monthly, daily
or hourly] rate |
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Sub-Total (A) |
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(B) Reimbursable
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Items of reimbursable |
Unit |
Qty |
Rate(Taka) |
Total (Taka) |
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(a) |
(b) |
(c) |
(d) |
(e) = (c) x (d) |
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(a) Per Diem Allowance |
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(b) Air Travel Costs |
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(c) Other Travel cost |
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(d) Communication charges |
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(e) Reproduction of
reports |
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(f) Other Expenses (to be
listed) |
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Supporting documents and vouchers must be attached
with the invoice |
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Sub-total (B) = |
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CONTRACT CEILING (A) +(B)= |
Total = |
ANNEX
C: Consultant’s Reporting Obligations
(Sample Format)
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Sl. No. |
Reports |
Contents of Reports |
Persons to Receive them |
Date of Submission |
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1 |
Inception Report |
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2 |
Interim Progress Report (a)
First Status Report (b)
Second Status Report |
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3 |
Draft Report |
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4 |
Final Report |
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