Government of the People’s Republic of Bangladesh
Local Government Engineering Department
Coastal Climate Resilient Infrastructure Project (CCRIP)
Level-3, RDEC Bhaban LGED HQ
Agargoan,
Dhaka-1207.
Memo No:
LGED/PD/IFAD/Consultants/17/2013/4375 Date:
08-03-2015
Request for Expression of Interest
(EOI)
For
Selection of Field Monitoring Officer (FMO) and
Financial Management Specialist (FMS)
The
Government of Bangladesh (GOB) has received loans and grants from International
Fund for Agricultural Development (IFAD) towards the cost of Coastal Climate
Resilient Infrastructure Project (CCRIP) and intends to apply a portion of the
proceeds of this fund to eligible
payments under the following consultancy services by individual consultants
(national) for which this invitation for Expression for Interest (EOI) is
issued.
The qualifications and experience of the consultants required for the
assignment are as follows:
Name of Position |
Number of Position |
Duration of Service |
Duty Station |
Educational Qualification |
Brief requirement of
experience and adequacy for the service |
Brief Terms
of Reference (TOR) |
Field Monitoring Officer |
12 (Twelve) |
44 (Forty Four) Months of each position. |
The
incumbent will be stationed at any of the CCRIP project district offices of
LGED namely: Gopalgonj, Madaripur
Shariatpur ; Khulna, Bagerhat
Sathkhira; Barisal, Patuakhali,
Barguna, Jhalokathi, Bhola, Pirojpur and frequent
visit to fields within the district. |
Preferably Masters in Social Science or Engineering, with some
formal training in M&E as an advantage. |
Preferably 5 years working experience in rural infrastructure
improvement project/community development project including 2 years working
experience on monitoring activities in Foreign Aided Project at field level.
Experience of M&E in foreign aided project will be treated as added
advantage. She/he also requires excellent proficiency in both written and oral
communication skills in English and Bangla language. Besides, he/she should
have basic Computer skills including MS Office, MS Project, SPSS and
familiarity with relevant M&E database and statistical software. |
Under the overall guidance of the
Project Director and direct supervision of the Project,
the Field Monitoring Officer (FMO) will be
responsible for designing and implementing the M&E activities of the
Project; assisting the Monitoring, Evaluation and Knowledge Management
Specialist in preparing Quarterly/Annual reports on project progress and will
monitor the project activities on a regular basis, developing and maintaining
the MIS of the Project and will be responsible for the collection &
analysis of different data in relation to the project activities. The incumbent will assists in formulation of Labor Contracting
Societies (LCSs) and carry out intensive monitoring of all activities of LCS
related to training, procurement, works implementation, record maintenance,
reporting etc. Besides, he/ she will assist the project management in
organizing and conducting different training programs of the project. He/ she
will also be able to drive motor bike; The
detailed TOR of this position is attached with the Standard Application Form.
|
Name of Position |
Number of Position |
Duration of Service (Month) |
Duty Station |
Educational Qualification |
Brief requirement of
experience and adequacy for the service |
Brief Terms
of Reference (TOR) |
Financial Management
Specialist |
1 (one) |
18 (Eighteen) months |
Project
Management Office (PMO), Dhaka and periodical visit to project area. |
The
Financial Management Specialist should be Chartered Accountant or post graduate degree in accountancy,
finance, economics or equivalent |
Preferably
7-10 years’ experience in assisting the financial management of large
projects involving funds from different foreign sources (preferably ADB,
World Bank, JICA, KfW, IFAD or other similar
financiers). Be familiar with the IPSAS accounting system and introduce
double entry accounting system in the
project by giving training to the relevant accounting staff |
The
Financial Management Specialist will assist and advise the project management
in all financial matters. He will train all finance and accounting staff of
the project on double entry accounting software to build their capacity to
maintain their accounting as per international standard. Prepare manuals for conducting financial
training. The
detailed TOR of this position is attached with the Standard Application Form.
|
The Project
Director, Coastal Climate Resilient Infrastructure Project (CCRIP), 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 as per the Application Forms).
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 in May 2015.
Interested
Candidates are requested 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 LGED website: www.lged.gov.bd)
Expressions
of Interest shall be submitted by 2.00 PM on 08 April, 2015 in sealed
envelope delivered to the Project Director, Coastal Climate
Resilient Infrastructure Project (CCRIP), Level-3, RDEC Bhaban,
LGED HQ, Agargaon, Dhaka-1207 and be clearly marked “Request for Expressions
of Interest for Selection of Individual Consultant of Field Monitoring Officer (FMO) or
Financial Management Specialist (FMS)” which is applicable.
The Client reserves the right to accept
or reject any/all Expression of Interest (EOI).
(A.K.M. Luthfur Rahman) |
Project Director |
Government of the People’s Republic of Bangladesh
Local Government Engineering Department
Coastal Climate Resilient Infrastructure
Project (CCRIP)
Level-3, RDEC Bhaban, LGED HQ, Agargaon, Sher-e-Bangla Nagar
Dhaka-1207, Bangladesh
Request for Application (RFA)
Selection of Financial
Management Specialist (FMS)
(Time Based)
Invitation for Bid No. |
: LGED/PD/IFAD/Consultants/17/2013/4375 Date:
08-03-2015 |
Bid Package No. |
: CCRIP/IFAD/FMS/2015/02 |
Issued to: |
:_________________________________ _________________________________ _________________________________ |
Issued on (Date): |
:
____________ |
March 2015
Table of Contents
Section 1. Information to the Applicants
2. Qualifications of the Applicant
4. Corrupt, Fraudulent, Collusive or Coercive Practices
B. Preparation,
Submission & Modification or Substitution of Applications
Form 3A. Application Submission
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
Request for Expressions of Interest
1. Scope of
assignment
|
1.1
The Client has been allocated Public fund
for Coastal Climate Resilient Infrastructure Project (CCRIP) and intends to
select Individual Consultants for the specific assignment as specified in the
Terms of Reference in Section 2. |
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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. |
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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 ] |
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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 |
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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 |
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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 |
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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. |
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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. |
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3.8
The Applicant shall not have conflict of interest pursuant to the
Clause 5 |
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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. |
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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 |
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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. |
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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. |
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5.
Conflict of
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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. |
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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. |
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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. |
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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. |
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B.
Preparation, Submission &
Modification or Substitution of Applications
|
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6.
Preparation of Application
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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
|
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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. |
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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. |
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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. |
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7.3
In case of hand delivery, the Client, on request,
shall provide the Applicant with a receipt. |
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7.4
The closing date for submission of Application is 06 April 2015 up to 14.00 hrs.
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. |
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7.5
Applications
may be modified or substituted before the deadline for submission of
Applications. |
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7.6
The Client may at its sole discretion, extend the
deadline for submission of Applications. |
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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. |
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C.
Evaluation of Applications
|
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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. |
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|
8.2 The points to be given under each
of the evaluation Criteria are: [Client shall fixed the Points] |
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Criteria |
Points |
|
|
·
Educational Qualification
|
20 |
|
|
·
Relevant Working Experience and its adequacy for the assignment |
60 |
|
|
·
Suitability considering age, skill (such as training, computer skills,
proficiency in English and Bengali languages and others). |
15 |
|
|
Total points: |
95 points |
|
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8.3 Applicants thus given points as
stated under Clause 8.2, not securing the minimum qualifying points seventy (70) shall be considered disqualified. |
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8.4 Applications shall be evaluated by
the PEC, who shall prepare a short-list of maximum seven (7) Applicants |
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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. |
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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. |
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8.7 In pursuant to Rule 114 of the
Public Procurement Rules 2008, there shall be no public opening of
Applications. |
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8.8 The Client shall immediately after
the deadline for submission of Application convene a meeting of the Proposal
Opening Committee(POC) |
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8.9 The POC, having completed the
record of opening, shall send the Applications received and the opening
record to the PEC. |
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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. |
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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. |
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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 |
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9.3 During negotiations, the Client and the Applicant shall finalise the “Terms of Reference”, work schedule, logistics and reporting schedule etc. These documents shall then be incorporated into the Contract as Description of Services” |
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9.4
The Financial negotiations will involve the
remuneration and other reimbursable cost to be paid to the Applicant. |
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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 |
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D. Award of Contract
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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. |
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11. Debriefing
|
11.1
After signature of the Contract, the Client shall promptly notify
other Applicants that they were unsuccessful. |
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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. |
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12. Commencement
of Services
|
12.1
The applicant is expected to commence the assignment on 1 May 2015 at the
location PMO, CCRIP, LGED HQ, Agargaon, Dhaka-1207
the duration of the contract shall be 18 (months) from the date of commencement. |
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The Government of Bangladesh (GOB) will receive loans
and grants from the Special Operation’s resources of Asian Development Bank
(ADB), ADB Strategic Climate Fund, International Fund
for Agricultural Development (IFAD) and Kreditanstalt
fur Wideraufbau (KfW)
towards the cost of Coastal Climate Resilient Infrastructure Project
(CCRIP). The project aims at raising
incomes in the selected 12 south-western coastal districts of Bangladesh such
as Barisal, Patuakhali, Barguna,
Bhola, Perojpur , Jhalokati, Khulna, Bagerhat, Sathkhira, Gopalgonj, Madaripur and Sariatpur vulnerable to climate change and variability. The
key objectives are to:
(i)
improve rural
connectivity and upgrade market services through development of climate proofed Upazila roads, Union roads and Village roads with drainage
structures (culvert and bridges), Growth centers and Rural Markets for enabling
access of small producers and the poor to markets to generate higher income.
(ii)
enhance climate
change adaptation capacity and increase safety of population during extreme climatic events through
increased availability of climate disaster shelters, improved access to
shelters and improved facilities of existing climate disaster shelters,
(iii)
strengthen the
institutional capacity of LGED, LGIs and other stakeholders through effective
training and initiation of knowledge management system, with particular
emphasis on climate resilience and adaptation measures during the design,
implementation and maintenance of rural infrastructures assets and
(iv)
create employment opportunities through project
interventions.
Two teams of consultants will be engaged with the
assistance of ADB and KfW to assist the project
management of Local Government Engineering Department (LGED) in implementing
the Coastal Climate Resilient Infrastructure Project (CCRIP) such as the Design
& Supervision Consultant (DSC) team and the Management Support Consultant
(MSC) team. Apart from that some IFAD supported individual consultants will be
recruited for some specific assignments.
The DSC and MSC will consist of two different consortiums of
international and national consultancy firms. The two Consultant teams will be
headed by separate Team Leaders and they will be part of the PMO, headed by the
Project Director (PD). The team members of DSC , MSC
and individual consultants will work in close cooperation with the relevant
members of the other team for some specific tasks, as required for the project
work, and advised by the Project Director. There will be three regional project
offices (RPO) one each in Khulna, Barisal and Madaripur.
Further, the Project Implementation Unit will be set up in each district
headquarter headed by the Executive Engineer, LGED. Considerable number of supervision
consultants will be stationed in all RPOs and PIUs.
Careful attention has been given to
formulating the compositions of the consultancy teams for CCRIP, recognizing
that this is a very special Project (with Strategic Climate Change Fund
finance) with the primary objectives of effectively incorporating climate
resilience measures in the design and construction of the Project rural
infrastructure improvement works, and assisting to mainstream climate resilience principles in the
design, construction and maintenance of all rural infrastructure in the
particularly vulnerable coastal districts of Bangladesh.
The objectives
of the consultancy services are to assist the project management in some
particular necessary area of expertise, which have not been covered
comprehensively by the DSC and MSC package.
However, these TA team will be complementary to the MSC and DSC team and
work in a coordinated way to achieve the project goal and objectives.
The DSC, MSC
and individual Consultants will assist LGED in the implementation of the
project. The IFAD supported individual consultants will be complementary to DSC
and MSC team. The individual consultants will work under the guidance of the
Project Director. The consultants will work directly with, and support, the
staff of LGED in the PMO, RPO and at LGED district and sub-district offices in
the project area, in order to achieve the objectives of the project.
TOR of Financial Management Specialist
§
Background
Significant gap exists between the Bangladesh Accounting Standard and
International Accounting Standard. In order to minimize the gap, the CCRIP
project will set up a double entry and software base d accounting system and
keep and prepare reports according to ADB/IFAD/KfW’s
requirement. The project will procure off-the –shelf double entry software and
introduce that in PMO, RPOs and district offices. All finance and accounting
staff of the project will be trained on double entry accounting and on the
software to build their capacity to international IPSAS standard by the
Financial Management Specialist. Apart from that he will assist and advise the
project management in all financial matters.
§ Total
Nos :1 nos.
§ Duty
Station: The Finance Specialist will generally be stationed in the PMO, LGED HQ
Dhaka, but will be expected to periodically visit in each of the RPOs and PIUs
on requirement
§ .Duration: 18 Months on part-time basis (Starting from May 2015). The contract
may be extended subject to recommendation of the Mid Term Review Mission.
Qualifications
The
Financial Management Specialist should be Chartered Accountant or post graduate
degree in accountancy, finance, economics or equivalent and preferably have 7-10
years’ experience in assisting the financial management of large projects
involving funds from different foreign sources (preferably ADB, World Bank,
JICA, KfW, IFAD or other similar financiers).
Services to be provided by the Client
Project will provide necessary logistic and other supports (office space, computer, stationery, motor Bike etc.) as per the project provision. He will entitle government and other permissible holidays.
Reporting requirements
The incumbent will submit Monthly Progress Report, Quarterly & Half-yearly progress report, Annual Progress Report, Completion Report and others reports as the project considers reasonable.
Form 3A : Application Submission Form
Form 3B : CV of the Applicant
Form 3C: Remuneration and Reimbursable
[Location: dd/mm/yy]
To:
---------------------------
[Name]
---------------------------
----------------------------
[Address of Client]
Dear Sirs:
I am hereby submitting my
Application to provide the consulting Services for [Insert
title of assignment] in strict accordance with your Request for Application dated [dd/mm/yy].
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 |
|
Print
name |
|
Address: Tel: |
1 |
PROPOSED
POSITION FOR THIS
PROJECT
: |
[From the Terms of Reference, state the position for
which the Consultant will be engaged.]. |
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2 |
NAME OF PERSON : |
[state full name] |
||||
3 |
DATE
OF BIRTH
: |
[ dd/mm/yy] |
||||
4 |
NATIONALITY : |
|
||||
5 |
MEMBERSHIP
IN PROFESSIONAL SOCIETIES |
[state rank and name of
society and year of attaining that rank]. |
||||
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 ]. |
||||
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 |
|||
|
EMPLOYER
2 |
FROM: |
TO: |
|||
|
EMPLOYER
3 |
FROM: |
TO: |
|||
|
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 |
|
|
|
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) |
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|
|
|
|
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Sub-total |
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CONTRACT CEILING (1) + (2) |
|
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
|
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. |
|
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 Bangladesh |
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
Bangladesh as at present in force. The place of Arbitration shall be in
Dhaka. |
IN WITNESS WHEREOF the parties hereto have
signed this agreement the day and year first above written.
FOR THE CLIENT |
FOR THE CONSULTANT |
Signature |
Signature |
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
[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)
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.
(A) Remuneration
Name of
Consultant |
Rate, Taka |
Quantity |
Total Taka |
(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) |
(B) Reimbursable
Items of
reimbursable |
Unit |
Qty |
Rate(Taka) |
Total (Taka) |
(a) |
(b) |
(c) |
(d) |
(e) = (c) x (d) |
(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) = |
CONTRACT CEILING (A) +(B)= |
Total = |
(Sample Format)
Sl. No. |
Reports |
Contents of Reports |
Persons to Receive them |
Date of Submission |
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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