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NlN NATIONAL HIGHWAY AUTHORITY

*#', E-T/i,1.""rS::'
28Mau::xH: .o4rs
AiTli;f#L?B%Ti:;,
No._6(32e)/GM(P&CA)/NHAI 2oI4 I 543 O) JulY, 2OL4

To,

All Shortlisted Firms (as mentioned below)

Subject: Desiqn. Tenderinq Assistance and Construction Supenrision


Senrices for Malakand Tunnel Construction ProJect

This is to inform you that your firm has been shortlisted for the
subject consultancy services.

2. You are, therefore, requested to download the Request for Proposal


(RFPin PDF format) from the NHA website i.e. www.nha.gov.pk

3. As per RFP, the proposal submission deadline is l1th August 2O14


and pre-proposal meeting will be held on 17tn July 2OL4.

General ager (P&CA)


Distribution to Firms:

I M/s CHEIL Engineering Co. Ltd.


2 M/s DOHWA Engineering Co. Ltd.
3 M/s DONGIL Engineering Consultants Co. Ltd.
4 M/s SAMBO Engineering Co. Ltd.
5 M/ s YOOSHIN Engineering Corporation

Copy for information:


- Member (Planning) NHA, Islamabad.
- EXIM Bank. Korea
6&:4,\
STANDARD REQUEST FOR PROPOSALS
UNDER THE EDCF LOAN

ri$rr.,.,Ars
Inifno'Y

Selectionof Consultants
Quality-BasedSelection(QBS) Method

*&t
::il:H:il*:*'n'
ffisn
The Export-Import Bank of Korea

July, 2014

Z\?
Preface

This Standard Request for Proposals(SRFP) has been prepared by the


Export-Import Bank of Korea for Project Executing Agencies to use in the
employment of Consultants for loan projects whose legal agreementmakes
referenceto the Guidelinesfor the Employmentof Consultantsunderthe EDCF
Loan (the Guidelines), dated March 2005, The use of this document is
recommendedwhenever possible in the selectionof Consultantsbasedon the
Quality-BasedSelection(QBS) methodas describedin the Guidelines.

The SRFP includes a sample Letter of Invitation, sample Information to


Consultants,Terms of Reference,and two sample Forms of Contract. The
prefacesof the sampleForms of Contractfor time-basedassignmentsand lump-
sum assignments indicate the circumstancesin which their use is most
appropriate. Adjustments made to the sample documents to reflect the
conditionsspecific to the country and consulting servicesshould be consistent
with the Guidelines.

/9
TABLE OF CONTENTS

SectionNo. Title of Section PageNo.

Section1 Letter of Invitation 5

Section2 Information to Consultants 7

Data Sheet 2l

Section3 TechnicalProposal- SampleForms 26

Section4 FinancialProposal- SampleForms 44

Section5 Terms of Reference 56

Section6-4. SampleForm of Contractfor Consulting 96


Services

l+
REQUESTFOR PROPOSALS(RFP)

Country: Pakistan

Project Name: Malakand Tunnel Construction Project

Loan Agreement# EDFC Loan AgreementNo. PAK-6

Title of Consulting Services:Design,Tendering Assistanceand


Construction SupervisionServices
Section2. Informationto Consultants

SectionI
Letter of Invitation

InvitationNo.No. 6(329)I GM(P&CA)AI


HN 20| 4I 543
Loan AgreementNo.: EDFC Loan AgreementNo. PAK-6
Date: 3'd luly 2014

All Shortlisted Consultants

DearMr./Ms.:

1. The Government of the Islamic Republic of Pakistan (hereinafter referred to as the


"Borrower") has signed a loan Agreement with the Export-Import Bank of Korea
(hereinafter referred to as the ooBank")from the resourcesof the Economic Development
Cooperation Fund (hereinafter referred to as "EDCF") of the Republic of Korea in the
amount of US$ 78,000 toward the cost of the Malakand Tunnel Construction Project
(hereinafter refered to as the "Project"), and intends to apply a portion of the proceedsof
this loan to paymentsunder the contract for which this invitation to bid is issued.

2. The terms and conditions of the contract and payments by the Bank, therefore, shall be
subject in all respectsto the terms and conditions of the Loan Agreement, including the
Guidelines for the Employment of Consultants under the EDCF Loan (the Guidelines).
Except as the Bank may specially otherwise agree,no party other than the Borrower shall
derive any rights from the Loan Agreement or have any claim to the loan proceeds.

3. The National Highway Authority, Pakistan on behalf of the Borrower now invites
proposalsto provide the necessaryconsulting servicesfor the Project. More details on the
servicesare providedin the Terms of Reference(Section5).

to the followins shortlistedKoreanConsultants:


4. This RFP hasbeenaddressed

Sr. No NAME OF FIRMS


I CHEIL EngineeringCo. Ltd.
z DOHWA EngineeringCo. Ltd.
a
J DONGIL EngineeringConsultantsCo. Ltd.
4 SAMBO EngineeringCo. Ltd.
5 YOO SHIN Engineering Corporation
I

Section2. Information to Consultants

You are therefore invited to submit technical and financial proposals for the consulting
servicesof which details are provided in the Terms of Reference.It is not permissibleto
transfer this invitation to any other firm.

5. A firm will be selectedunder the Quality-BasedSelection(QBS) method and procedures


describedin this RFP. in accordancewith the Guidelines.

6. The RFP includesthe followine documents:

Section1 - Letterof Invitation


Section2 - Informationto Consultants(includingData Sheet)
Section3 - TechnicalProposal- SampleForms
Section4 - FinancialProposal- SampleForms
Section5 - Terms of Reference
Section6 - SampleForms of Contract

inform us writing or standardelectronicmeansat the following address,upon

(a) that you receivedthe Letter of Invitation; and


(b) whetheryou will submit a proposalaloneor in association.

GeneralMan
National HighwaysAuthority (NHA)
28, Mauve Area,G-9l1,
Islamabad,Pakistan

T el: +92-5 | -9032727, Facsimile: +92- 5 | -9260419


E-mail: gmpca.nha@gmail.com
Section2
Information to Consultants

Definitions (a) "Bank" means the Export-Import Bank of Korea which has
been entrustedby the Government of the Republic of Korea
with the operation and management of the Economic
Development Cooperation Fund (hereinafter referred to as
''EDCF'').

(b) "Employer" means the agency with which the selected


Consultant signsthe Contract for the Services.

(c) "Consultant" means any firm or entity that may provide or


provides the Servicesto the Employer under the Contract.

(d) "Contract" means the Contract signed by the Parties (the


Employer and the Consultant) and all the attacheddocuments
listed in its Clause 1, namely the General Conditions of
Contract (GCC), the Special Conditions of Contract (SCC),
and the Appendices.

(e) "Data Sheet" means such part of the Information to


Consultants used to reflect specific country and service
conditions.

(D 'oDay" meanscalendarday.

(g) "Govemment" means the government of the Employer's


country.

(h) "Information to Consultants" (Section 2 of the RFP) means


the document which provides short-listed Consultants with
all information neededto preparetheir Proposals.

(i) "Joint Venture (JV)" means an association with or without a


legal personality distinct from that of its members, of more
than one Consultant where one member has the authority to
conduct all business for and on behalf of any and all the
members of the JV, and where the members of the JV are
jointly and severally liable to the Employer for the
performanceof the Contract.

0) "LOI" (Section 1 of the RFP) means the Letter of Invitation


being sentby the Employer to the short-listed Consultants.
8 Section2, Informationto Consultants

(k) "Personnel" means professionals and support staff provided


by the Consultant or by any Sub-Consultantand assigned-to
perform the Services or any part of thereof; "Foreign
Personnel" means such professionals and support staff who
at the time of being so provided had their official residence
outside the Government's country; and o'Local Personnel"
means such professionals and support staff who at the time
of being so provided had their official residenceinside the
Government'scountry.
o'Project"meansthe project for which the Servicesare being
0)
provided.

(m) "Proposal" means the Technical Proposal and the


Proposal.

(n) "QBS" meansQuality-BasedSelection.


((RF\P"
(o) meansthe Request for Proposalsto be preparedby the
Employer for the selection of a consulting firm.

(p) o'Services"meansthe work to be performed by the Consultant


pursuantto the Contract.

(q) "Sub-Consultant" means any firm or entity with whom the


Consultantsubcontractsany part of the Services.

(r) "Terms of Reference(TOR)" meansthe document included in


the RFP as Section 5 which explains the objectives, scope of
work, activities, tasks to be performed, respective
responsibilities of the Employer and the Consultant, and
expectedresultsand deliverablesof the assignment.

1. Introduction 1 . 1 The Employer named in the Data Sheet will select a consulting
fi rm/organization (the "Consultant") from short-listed Consultants
approvedby the Bank, in accordancewith using the Quality-Based
Selection(QBS) method, specifically adoptingthe one-stagetwo-
envelopebidding method of bid submissionas further describedin
this section.

r.2 The short-listed Consultants are invited to submit a Technical


Proposaland a Financial Proposalfor the Servicesrequired for the
Project named in the Data Sheet. The Proposal will be the basis
for contractnegotiationsand ultimately for a signed Contract with
the selectedConsultant.
Section2. Informationto Consultants

1 . 3 The Consultants should familiarize themselves with local


conditions and take them into account in preparing their Proposals.
To obtain first-hand information on the Services and local
conditions, the Consultantsare encouragedto visit the Employer
before submitting their Proposals and to attend a pre-proposal
conference if one is specified in the Data Sheet. Attending the
pre-proposal conference is optional. The Consultants should
contact the Employer's representativenamed in the Data Sheetto
arange for their visit or to obtain additional information on the
pre-proposalconference.The Consultantsshould ensurethat these
offrcials are advised of the visit in adequatetime to allow them to
make appropriatearrangements.

t.4 The Employer will timely provide at no cost the Consultant the
inputs and facilities specified in the Data Sheet, assist the firm in
obtaining licensesand permits neededto carry out the Services,
and make available relevant project data and reports.

1 . 5 The Consultants shall bear all costs associated with the


preparation and submission of their proposals and contract
negotiations.The Employer is not bound to acceptany proposal,
and reservesthe right to annul the selection process at any time
prior to award of the Contract, without thereby incurring any
liability to the Consultants.

Conflict of 1 . 6 The Bank's policy requiresthat Consultantsprovide professional,


Interest objective and impartial advice and at all times hold the
Employer's interestsparamount,strictly avoid conflicts with other
assignmentsor their own corporate interests and act without any
considerationfor future work.

I .6.I Without limitation on the generality of the foregoing, Consultants,


and any of their affiliates, shall be consideredto have a conflict of
interest and shall not be recruited. under anv of the circumstances
set forth below:

Conflicting (a) A firm that has been engagedby the Employer to provide goods,
Activities works or servicesother than consultingservicesfor a project, and
any of its affiliates, shall be disqualified from providing
consulting services related to those goods, works or services.
l0 Section2. Informationto Consultants

Conversely,a firm hired to provide consulting servicesfor the


preparation or implementation of a project, and any of its
affiliates,shall be disqualifiedfrom subsequentlyproviding goods
or works or servicesother than consulting servicesresulting from
or directly related to the firm's consulting services for such
preparation or implementation. For the purpose of this paragraph,
services other than consulting services are defined as those
leading to a measurable physical output, for example surveys,
exploratory drilling, aerial photography, and satellite imagery.

Conflicting (b) A Consultant (including its Personnel and Sub-Consultants) or


Assignments any of its affiliates shall not be hired for any assignmentthat, by
its nature, may be in conflict with another assignment of the
Consultant to be executed for the same or for another Employer.
For example,a Consultanthired to prepare engineeringdesign for
an infrastructure project shall not be engaged to prepare an
independentenvironmental assessmentfor the sameproject, and a
Consultant assisting a Employer in the privatization of public
assetsshall not purchase,nor advise purchasersol such assets.
Similarly, a Consultant hired to prepare Terms of Reference for
an assignmentshould not be hired for the assignmentin question.

Conflicting (c) A Consultant (including its Personnel and Sub-Consultants)that


Relationships has a business or family relationship with a member of the
Employer's staff who is directly or indirectly involved in any part
of (i) the preparationof the Terms of Referenceof the assignment,
(ii) the selectionprocessfor such assignment,or (iii) supervision
of the Contract, may not be awarded a Contract, unless the
conflict stemming from this relationshiphas been resolved in a
manner acceptableto the Bank throughout the selection process
and the executionof the Contract.

1,6.2 Consultantshave an obligation to discloseany situation of actual


or potential conflict that impacts their capacity to serve the best
interest of their Employer, or that may reasonablybe perceived as
having this effect. Failure to disclosesaid situationsmay lead to
the disqualification of the Consultant or the termination of its
Contract.
Section2. Information to Consultants 11

1.6.3 No agency or current employeesof the Employer shall work as


Consultantsunder their own ministries, departmentsor agencies.
Recruiting former government employees of the Employer to
work for their former ministries, departments or agencies is
acceptable provided no conflict of interest exists. When the
Consultant nominates any government employee as Personnel in
their technical proposal, such Personnel must have written
certification from their government 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 Employer by the Consultant
as part of his technicalproposal.

Unfair t . 7 If a shorl-listed Consultant could derive a competitive advantage


Advantage from having provided consulting services related to the
assignmentin question, the Employer shall make available to all
short-listed Consultants together with this RFP all information
that would in that respect give such Consultant any competitive
advantageover competing Consultants.

Only One 1 . 8 Shortlisted Consultants may only submit one proposal. If a


Proposal Consultant submits or participatesin more than one proposal, such
proposalsshall be disqualified. However, this does not limit the
participation of the same Sub-Consultant, including individual
experts,to more than one proposal.

Proposal 1.9 The Data Sheet indicates how long the Consultants' Proposals
Validify remain valid after the submission date. During this period, the
Consultants shall maintain the availability of Professional staff
nominated in their Proposals.The Employer will make its best
effort to complete negotiations within this period. Should the need
arise, however, the Employer may request the Consultants to
extend the validity period of their proposals. Consultants who do
not agree have the right to refuse to extend the validity of their
Proposals.

Fraud and 1.10 It is the Bank's policy to require that Borrowers (including
Corruption beneficiariesof the Bank loans), as well as Consultantsunder the
EDCF-financed contracts, observe the highest standard of ethics
during the selection and execution of such contracts. In pursuance
of this policy, the Bank:
T2 Section2, Informationto Consultants

(a) defines, for the purpose of this provision, the terms set forth
below as follows:

(i) "corrupt practice" means the offering, giving, receiving, or


soliciting of, directly or indirectly, any thing of value to
influence the action of a public official in the selection
processor in contractexecution;

(ii) "fraudulent practice" means a misrepresentationor omission


of facts in order to influence a selection process or the
execution of a contract;

(b) shall declarea proposalnon-responsiveif the Consultantfails to


submit the signed original and a copy of the "Anti-Corruption and
Anti-Malpractice Declaration" form to the Bank and the
Employer, respectively,beforethe proposalsubmissiondeadline;

(c) shall reject a proposal for award if it determines that the


Consultant recommended for award has engaged in comrpt or
fraudulent practicesin competing for the contract in question;and

(d) shall declare a Consultantineligible, for a period determinedby


the Bank, to be awardeda contract financed by an EDCF loan if it
at any time determinesthat the Consultant has engagedin corrupt
or fraudulent practices in competing for, ot in executin5, a
contract financed by an EDCF loan.

,,
Clarification 2.I The Consultants may request a clarification of any of the RFP
and documents up to the number of days indicated in the Data
Amendment of Sheet before the proposal submission date. Any request for
RFP Documents clarification must be sent in writing, or by standard electronic
means,to the Employer's addressindicatedin the Data Sheet.The
Employer will respondin writing, or by standardelectronicmeans,
and will send written copies of the response (including an
explanation of the query but without identifying the source of
inquiry) to all the Consultants. Should the Employer deem it
necessaryto amend the RFP as a result of a clarification, it shall
do so following the procedureunder para.2.2.

2.2 At any time before the submission of Proposals, the Employer


may amend the RFP by issuing an addendum in writing or by
standard electronic means. The addendum shall be sent to the
Consultants and will be binding on them. The Consultants shall
acknowledge receipt of all amendments.To give the Consultants

2A+
Section2. Information to Consultants - l3

reasonabletime in which to take an amendment into account in


their Proposals, the Employer frdy, if the amendment is
substantial,extend the deadline for the submissionof Proposals.

3. Requirements
al
J.t The Proposals (refer to para. L2), as well as all related
for Preparation correspondenceexchangedby the Consultantsand the Employer,
of Proposals shall be written in Enslish.

J.L In preparing their Proposals, the Consultants are expected to


examine in detail the documents comprising the RFP. Material
deficiencies in providing the information requestedmay result in
rejectionof a Proposal.

Association J.J While preparing the Technical Proposal, the Consultants must
Arrangements give particular attention to the following:
and Joint
Ventures (a) If a short-listed Consultant considers that it may enhance its
expertisefor the Servicesby associatingwith other Consultantsin
a Joint Venture, it may associate with either (i) short-listed
Consultant(s),or (ii) non-short-listedConsultant(s),if so indicated
in the Data Sheet.A short-listed Consultant must frrst obtain the
approval of the Employer if it wishes to enter into a joint venture
with non-short-listedor short-listed Consultant(s).
In caseof Joint Venture (JV) with non-short-listed Consultant(s),
the short-listed Consultant shall act as the association leader. In
caseof a JV, all partners shall be jointly and severally liable and
shall indicate who will act as the leader of the JV. In case of
assigningsub-consultancyfor some of the Consulting Services,
the short-listedConsultant shall be liable for the entire Consultins
Services.
In the event that the Consultant constitutes a Joint Venture, the
Consultantshall submit (i) a copy of the Joint Venture Agreement
with its Technical Proposal, and (ii) a power of attorney (executed
by all partners) that authorizes the designatedlead or managing
Partner of the Joint Venture to act for and in behalf of the Joint
Venture and to legally bind such Joint Venture in any contractual
or similar documentation.Any Joint Venture Agreement and Joint
Venture power of attomey shall be attachedto Form Technical-l
of Section 3 and submitted as part of the Technical Proposal of
such Consultant.
I4 Section2. lnformationto Consultants

A firm declaredineligible by the Bank in accordancewith Section


1.9(c)of the Guidelinesfor the Employmentof Consultantsunder
the EDCF Loan shall be ineligible to bid for a Bank financed
contract during the period of time determinedby the Bank.
(b) Alternative professional staff shall not be proposed, and only one
curiculum vitae (CV) may be submittedfor eachposition.

Language 3.4 Proposals to be submitted by the Consultants and all other


correspondenceto be exchangedbetweenby the Employer and the
Consultants before signing the Consulting Contract must be in
English. It is desirable that the Consultants' Personnel have a
working knowledgeof the Employer'snationallanguage.

Technical 3 . 5 The Technical Proposal shall provide the information indicated in


Proposal the following paras from (a) to (g) using the attached Sample
Format and Forms (Section 3). Paragraph (c) indicates the recommended
Content description of the approach, methodology and work plan of the
TechnicalProposal.

(a) A brief description of the Consultants'organization and an outline


of recent experience of the Consultantsoand in the case of joint
venture, for each partner, on the Services of a similar nature are
requiredin Form Technical-2of Section3, For each Service,the
outline should indicate the namesof Sub-Consultants/Professional
staff who participated, duration of the services, contract amount,
and Consultant's involvement. Information should be provided
only for those services for which the Consultant was legally
contractedby the Employer as a corporation or as one of .the
major firms within a joint venture. Assignments completed by
individual Professional staff working privately or through other
consulting firms cannot be claimed as the experience of the
Consultant, or that of the Consultant's associates,but can be
claimed by the Professional staff themselves in their CVs. The
Consultants should be prepared to substantiate the claimed
experienceif so requestedby the Employer.
(b) Comments and suggestionson the Terms of Reference including
workable suggestionsthat could improve the quality/effectiveness
of the Services; and on the requirementsfor counterpart staff and
facilities including: administrative support, office space, local
transportation, equipment, data, etc. to be provided by the
Employer (Form Technical-3of Section3).

DE=
Section 2. Information to Consultants-, 15

(c) A description of the approach, methodology and work plan for


performing the Servicescoveringthe following subjects:technical
approach and methodology, work plan, and organization and
staffing schedule.Guidance on the content of this section of the
Technical Proposal is provided under Form Technical-4 of
Section 3. The work plan should be consistent with the Work
Schedule(Form Technical-8of Section 3) which will show in the
form of a bar chart the timing proposed for each activity.

(d) The list of the proposed Professional staff team by area of


expertise, the position that would be assignedto each staff team
member, and their tasks (Form Technical-5 of Section 3).
Consultantsmust be aware that all of the listed Professionalstaff
shall actually be assignedto the Services upon award of Contract
in accordancewith their proposed positions and tasks. Appendix
(B or C, Key Personneland Sub-Consultants)of the Contract for
Consulting Servicesshall be in consistencewith para.3.5,though
some minor changesmay be allowed through mutual discussions
and agreement between the Employer and the first-ranked
Consultant during contractnegotiations.

(e) Estimates of the staff input (staff-months of foreign and local


professionals)neededto carry out the Services(Form Technical-7
of Section 3). The staff-months input should be indicated
separately for home office and field activities, and foreign and
local Professionalstaff.

(D CVs of the Professionalstaff signed by the staff themselvesor the


authorized representative of the Professional Staff (Form
Technical-6of Section3).

(e) A detailed description of the proposed methodology and staffing


for training, if the Data Sheet specifies training as a specific
componentof the Services.

(h) A copy of the original signed form of the "Anti-Corruption and


Anti-MalpracticeDeclaration"(Form Technical-9of Section3).

3.6 The Technical Proposal shall not include any financial


information. A Technical Proposal containing financial
information may be declarednon-responsive.
16 Section 2. Information to Consultants

3.7 FinancialProposal

Format 3.7.1 The Financial Proposal shall be prepared using the attached
SampleForms (Section4). It shall list all costsassociatedwith the
Services,including (a) remuneration for staff (foreign and local, in
the field and at the Consultants' home office), and (b) other out-
of-pocket expenses.If appropriate,these costs should be broken
down by activity and, if appropriate, into foreign and local
expenditures.All activities and items described in the Technical
Proposalmust be priced separately;activities and items described
in the Technical Proposal but not priced, shall be assumedto be
included in the prices of other activities or items.

Bid Price and 3.7.2 The prices quotedin the Financial Proposalshall be in US Dollars
Currency (US$) and the Contract Price shall be made and paid in Korean
Won, unlessspecifiedotherwisein the Data Sheet.The conversion
shall be made at the average of the telegraphic transfer selling
rates of Korean Won against US Dollar as quoted and publicly
displayed by the Bank, during the one month period from the
sixteenth 1t6th) day of two calendar months prior to the month
when the first procurement contract for the consulting service is
signed respectively,to the fifteenth 1t5th) day of one calendar
month prior thereto.

Taxes 3.7.3 All taxes, duties and levies imposed on the Services in the
Governmentof the Employer provided by the Consultants for the
implementation of the Services shall be either exempted or bome
by the Employer.

Others 3.8 The Employer may indicate in the Data Sheet the Employer's
Maximum Budget for the Services.This budget is indicative and
the Proposalshall be basedon the Consultant'sown estimatesfor
the Services.
For time-basedcontracts,the Minimum time-input of international
Key Experts' rs: 244 person-months.The Minimum time-input of
nationalKey Experts'is: 488 person-months.

D2
Section2. Information1oConsultants
- t'7

4. Preparation, 4 . 1 The original Proposals (Technical Proposal and Financial


Submission, Proposal) shall contain no overwriting or interlineations, except as
Receipt, and necessaryto correct erors made by the Consultants themselves.
Opening of The person who signed the Proposalsmust initial such corrections.
Proposals Submission letters for both Technical and Financial Proposals
should respectivelybe in the format of Technical-l of Section 3,
and Financial-1of Section4.

4.2 An authorized representativeof the Consultants shall initial all


pages of the original Technical and Financial Proposals.The
authorization shall be sent in the form of a written power of
attomey accompanying the Proposal or in aly other form
demonstratingthat the representativehas been duly authorized to
sign. The signed Technical and Financial Proposals shall be
marked"ORIGINAL."

4.3 The Technical Proposal shall be marked "ORIGINAL" or


"COPY" as appropriate.The Technical Proposalshall be sent to
the addressreferred to in para. 4.5 and in the number of copies
indicated in the Data Sheet.All required copies of the Technical
Proposal are to be made from the original. If there are
discrepanciesbetweenthe original and the copies of the Technical
Proposal,the original prevails.

4 .4 The original and all copies of the Technical Proposal shall be


placed in a sealed envelope clearly marked "TECHNICAL
PROPOSAL." Similarly, the original Financial Proposal shall be
placed in a sealed envelope clearly marked "FINANCIAL
PROPOSAL,with a warning'oDoNot Open With the Technical
Proposal." The envelopescontainingthe Technical and Financial
Proposalsshall be placed in an outer envelope and sealed.This
outer envelope shall bear the submissionaddress,and be clearly
marked "Do Not Open, Except in Presence of the Official
Appointed, Before linsert the time and date of the submission
deadline indicated in the Data Sheetf." The Employer shall not be
responsiblefor misplacement,losing or prematureopening if the
outer envelope is not sealed andlor marked as stipulated. This
aforementionedcircumstancemay be a casefor Proposalrejection.
If the Financial Proposal is not submitted in a separate sealed
envelope duly marked as indicated above, this will constitute
groundsfor declaringthe Proposalnon-responsive.

A-F
18 Section2. Informationto Consultants

4 . 5 The Proposals must be sent to the address indicated in the Data


Sheet and received by the Employer no later than the time and the
date indicated in the Data Sheet, or any extension to this date in
accordancewith para.2.2. Any Proposalreceivedby the Employer
after the deadline for submissionshall be returned unopened.

4 . 6 Consultants (and the Representativeand every single member of


the JV in caseof a JV) shall submit the original signed form of the
"Anti-Corruption and Anti-Malpractice Declaration" (Form
Technical-9of Section3) to the Bank (seethe addressindicatedin
the Data Sheet)by mail or in person at or before the deadline for
proposalsubmissiongiven under para.4.5. A copy of the original
signed form shall be submitted to the Employer along with the
TechnicalProposal.

Failure to submit the original signed form to the Bank and to


include a copy of the original signed form in the Technical
Proposal will constitute grounds for declaring the Proposal non-
responsive.

4 .7 The Employer shall open the Technical Proposals immediately


after the deadline for their submission. The envelopes with the
Financial Proposalshall remain sealedand securelystored.

5. Proposal 5 . 1 From the time the Proposalsare openedto the time the Contract is
Evaluation awarded,the Consultantsshould not contact the Employer on any
matter related to their Technical andlor Financial Proposals.Any
effort by a Consultant to influence the Employer in the
examination, evaluation, ranking of Proposals, and
recommendation for award of the Contract may result in the
rejectionof the Consultant'sProposal.

Evaluators of Technical Proposals shall have no accessto the


Financial Proposals until the technical evaluation is concluded
and the Bank issuesits approval.

Evaluation of 5 .2 The evaluation committee shall evaluate the Technical Proposals


Technical on the basis of their responsiveness to the Terms of Reference,
Proposals applying the evaluation criteria, sub-criteria, and point system
specifiedin the Data Sheet.
Section2. Informationto Consultants l9

Rejection of 5 . 3 Each responsive Proposal will be given a technical score. A


Proposal Proposalshall be rejected at this stage if it does not respond to
important aspects of the RFP, and particularly the Terms of
Reference,or if it fails to achieve the minimum technical score
indicated in the Data Sheet.

Financial 5 . 4 Following the ranking of Technical Proposals,the first-ranked


Proposals Consultant is invited to negotiate its financial terms and the
Contract in accordancewith the instructions given under para.6.

6. Contract 6 . 1 After the evaluation of the Technical Proposals has been


Negotiations completed with the approval of the Bank, the Employer shall
invite the first-ranked Consultant to enter into negotiations on the
conditions (including technical and financial terms) of the
Contract at the date and addressto be determinedand informed by
the Employer. The invited Consultant will, as a pre-requisite for
attendance at the negotiations, confirm availability of all
Professional staff. Failure in satisfying such requirements may
result in the Employer proceeding to negotiate with the next-
ranked Consultant. Representatives conducting negotiations on
behalf of the Consultant must have written authority to negotiate
and concludea Contract.

Technical 6 .2 Negotiationswill include a discussionof the Technical Proposal,


Negotiations the proposed technical approach and methodology, work plan,
and organization and staffing, and any suggestionsmade by the
Consultantto improve the Terms of Reference.

The Employer and the Consultants will finalize the Terms of


Reference, staffing schedule, work schedule, logistics, and
reporting. These documents will then be incorporated in the
Contract as "Description of Services". Special attention will be
paid to clearly defining the inputs and facilities required from the
Employer to ensuresatisfactory implementation of the assignment.
The Employer shall prepare minutes of negotiationswhich will be
signedby the Employer and the Consultant.

Financial 6.3 The financial negotiations will include a detailed review of all the
Negotiations Consultant's proposed costs including a review of all
documentationprovided by the Consultantin support of proposed
costs. In particular, the Consultants shall provide full details of
the remunerationof all nominated Prolbssional staff as described
in the Appendix attached to Section 4 - Financial Proposal -
SampleFormsof this RFP.
20

6.4 If the two Parties are unable to reach an agreement on the


Contract within a reasonabletime, the Employer shall terminate
the negotiations with the first-ranked Consultant, with the
concurrence of the Bank, and invite the Consultant who ranked
secondin the evaluation to enter into negotiations.This procedure
will be followed until the Employer reachesan agreementwith a
Consultant.

Conclusion 6 .5 Negotiations will conclude with a finalization of the draft Contract.


of the To complete negotiations the Employer and the Consultant will
Negotiations initial the asreed Contract.

1 Award of 7 . 1 After completing negotiations the Employer shall award the


Contract Contract to the selectedConsultant and enter into the execution of
the Contract.

Commencement 7.2 The Consultant is expectedto commencethe Services on the date


of Services and at the location specifiedin the Data Sheet.

8. Informing 8 . 1 Promptly after the completion of negotiations with the selected


Unsuccessful Consultant,the Employer shall notify the other Consultantson the
Consultants list that they have been unsuccessful.The Financial Proposalsof
the unsuccessfulConsultantsshall be returnedunopened.

9. Debriefing 9 . 1 In the notification referred to in para. 8, the Employer shall inform


the short-listed Consultants that any Consultants, who wishes to
ascertainthe grounds on which its Proposalwas not selected,shall
request an explanation from the Employer. The Employer shall
promptly provide the explanation as to why such Proposals were
not selected,either in writing and/or in a debriefing meeting, at the
discretion of the Consultant. The requesting Consultant should
bearall the costsof attendingsucha debriefingmeeting.

10. Confidentiality 10.1 The processof Proposalevaluationshall be confidential until the


announcementof the Award of Contract. Confidentiality enables
the Employer and the Bank to avoid either the reality or perception
of improper interference. The undue use by any Consultant of
confidential information related to the process may result in the
rejection of its Proposaland may be subjectto the provisions of
the Bank's anti-fraud and anti-corruptionpolicy.
- Section 2. Information to Consultants- Data Sheet 2l

Information to Consultants
Data Sheet

Paragraph Amendmentsof and Supplementsto, Clausesin the Information to


Reference Consultants.

1.1 Name of the Employer:National Highway Authority, Pakistan

1.2 Name of the Project: Malakand Tunnel Construction Project.

1.3 A pre-proposalconferencewill be held: Yes ,/ No


lTthJuly.2014 at LL:30Hrs
The Employer's representativeis:

General Manager (P&CA)


Address:NHA Auditorium.28. Mauve Area. G-9/1. lslamabad.
Pakistan.
+92-51-9032727
Telephone: Facsimile: +92-51-9260419
E-mail: ggrpca.nha@gmail.com

1.4 The Employer will provide the following inputs and facilities:

i) Administrative facilitation in performins the services

ii) Office accommodationand Logistics at the site shall be provided to


the Consultant under ConstructionContract.

1,9 Proposalsmust remain valid for 120daysuntil: 9thDecember.2014

2.1 Clarifications may be requested not later than 14 days before the
submissiondate.

The addressfor requestingclarificationsis:-

GeneralManager (P&CA)
National Highways Authority (NHA)
28, MauveArea, G-911,
Islamabad,Pakistan

Facsimile: +92-51- 9260419 E-mail: gmpca.nha@gmail.com


22 Section 2. Information to Consultants

3.3(a) Short-listed Consultantsmay associatewith other short-listed Consultants:


Yes No '/

Short-listed Consultants may associate with other non-short-listed


Consultants:
Yes_/_ No _ (The consultantsmust give particular attention to
Information to Consultant Para 3.3 (a). Further, the JV Agreement must
indicate the respectiveproject shareof each member in JV.

3.s(e) Training is a specific componentof the Services:Yes - No -/-

3.7.2 a The pricesquotedin the FinancialProposalsshall be in US$.


a The Contract Price shall be made and paid in Korean Won.

3.8.1 The Maximum Budget for the Services:$ 4.820.000.

4.3 Consultant must submit the original and three copies of the Technical
Proposal,and the original and one copy of FinancialProposal.

4.5 The Proposalsubmissionaddressis:

GeneralManager (P&CA)
National Highway Authority (NHA)
28, Mauve Area, G-911,
Islamabad,Pakistan

Proposalsmust be submittedno later than the following dateand time:

l,LthAusust 2014 at 11:30Hours

4.6 Addressfor the Bank:

38 Eunhaengno(16-1Yeouido-dong)
Yeongdeungpo-gu,Seoul,Korea I 50-996
TEL: 82-2-3779-5666
FAX: 82-2-3779-6737
E-Mail : jrha@koreaexim.
go.kr
Attention: Miss Ju-ryoongHa
Section2. Information to-Consultants- Data Sheet / i

5.2 Cfiteria,sub-criteri4and point systemfor the evaluation of the Technical


Proposalsare: (Summary Evaluation sheet and Personnel Evaluation
Sheetare annexedat the end of Data Sheet).

(i) Experienceof the Consultant*(consultingfirm)


a) Experiencein similarprojects [105points]
b) Experiencein similarareasandconditions [45points]
Total points for criterion (i): [50 points]
* Experience of the Consultant composing Joint Ventures/Associationsshall be
evaluatedseparatelyand added according to their respectiveshare-holdingratio.

(ii) Adequacyof the proposedmethodologyand work plan


in responding to the Terms of Reference:
a) Technical approachand methodology |00 pointsl
b) Work plan [100points)
c) Organization and staffing [50pointsl
Total points for criterion (ii): [250points]

(iii) Key professionalstaff s qualifications and


comDetencefor the Services [600points]

INTERNATIONAL PERSONNEL(Korean Nationals) [420 pointsJ

DetailedDesisn [250pointsJ
Points
Team Leader/PM 30
Road DesignEngineer 20
Bridge/StructureEngileer 20
Tunnel Engineer 20
Soil / Material Engineer l5
Hydrologist l5
Architect l0
Electrical Engineer l0
Mechanical Engineer 10
Environmental Specialist 10
ProcurementSpecialist 15
SocialDevelopment/ ResettlementSpecialist 10
Cost / Quantity Estimator l0
Road SafetySpecialist l0
TenderDocumentSpecialist l0
Geologist l0
GeotechnicalEngineer l5
Chief Surveyor 1 0

4-t
Section2. Informationto Consultants-

ConstructionSupervision [170pointsJ
Points
a. Team Leader/PM/ResidentEngineer 65
b. Tunnel Engineer 35
Soil / Material Engineer 35
d. Ceo TechnicalEnsineer 35

NATIONAL PERSONNEL

DetailedDesien [100pointsJ
Points
RoadDesignEngineer- I 10
RoadDesignEngineer- 2 10
Bridge/StructureEngineer- I 10
Bridge/StructureEngineer-2 10
TunnelEngineer - 1 10
TunnelEngineer -2 10
Soil / MaterialEngineer- I 10
Soil / MaterialEngineer- 2 l0
Hydrologist- 1 r0
Hydrologist- 2 10

ConstructionSupervision [80 pointsJ


Points
a. Engineer
Bridge/Structure 20
b. TunnelEngineerI 20
c. TunnelEngineer2 20
d. Soil/ MaterialEngineer 20
Total pointsfor criterion: [80 Points]

The number of points to be assignedto each of the above positions or disciplines


shall be determined considering the following three sub-criteria and relevant
percentageweights:
l) Generalqualifications 130%1
2) Suitabiliwfor the Services | 60%)
3) Experiencein region and language/InternationalExperience | 10%)
Total weisht: 100%

If more than one Consultant achieves the same highest total point, the Employer then has
the right to recommend to the Bank a Consultant that ranks first in the total points of
criterion (iii).

5.3 The minimum technicalscorerequiredto passis: 750 points.

The Technical Proposalshall meet the following minimum requirements:


(1) Submissionof the TechnicalProposaland the FinancialProposalwithin due time at
the designatedlocation;
(2) Submissionof a sufficientnumber of sets(proposals);s
(3) Submissionof eligible JV Agreementin caseof a JV;
(4) Proper Power of Attomey and eligible signaturespresenton the Technical Proposal;

,\>
Section2. Information to Consultants- Data Sheet

(5) One Consultant shall participate in only one proposal as the Prime Consultant or a
Member of JV;
(6) Only Korean Consultants may participate in the bidding and local Consultant may
participate only as sub-consultant.
(7) TechnicalProposalshall not include any Financial information;
(8) The validity period of the proposal shall meet the requirement in the RFP; and
(9) Submission of Form of "Anti-Conuption and Anti-Malpractice Declaration" by the
Consultant or by every single member of the JV in caseof a JV

7.2 of consultingservices
Expecteddatefor commencement
December 2014
Pakistan
26 , Section 3. Teclrnical Proposal- Sample Forms

Section3
TechnicalProposal- SampleForms

lComments in brackets | ) provide guidance to the short-listed Consultants for the


preparation of their TechnicalProposals; they should not appear on the Technicsl Proposals
to be submitted.l

Refer to Paragraph3.5 of Section 2 of the RFP for Sample Forms required and number of
pagesrecommended.

Technical- I TechnicalProposalSubmissionForm

Technical - 2 Consultant's Organizationand Experience


A. Consultant's Organrzatron
B. Consultant'sExperience

Technical - 3 Commentsor Suggestionon the Terms of Referenceand on


CounterpartStaff and Facilities to be Provided by the Employer
A. On the Terms of Reference
B. On the CounterpartStaff and Facilities

Technical- 4 Descriptionof the Approach,Methodologyand Work Plan for


Performingthe Services

Technical - 5 Composition of the Team and Task(s) of each Team Member

Technical - 6 Curriculum Vitae (CV) for ProposedProfessionalStaff

Technical - 7 Time Schedulefor ProfessionalStaff

Technical- 8 WorkSchedule

Technical - 9 Anti-Corruption and Anti-Malpractice Declaration


Section3. TechnicalProposal- SampleForms 27

Form Technical-l: TechnicalProposalSubmissionForm

To: linsert Name and addressof the Employerl

Dear Sirs,

We, the undersigned, offer to submit our Proposal for providing the Consulting
Services for the linsert Title of the Project] in accordancewith your Request for Proposals
dated linsert Datel. We are hereby submitting our Proposal,which includes this Technical
Proposal,and a FinancialProposalsealedunder a separateenvelope.

We are submitting our Proposal in association with: llnsert a list with full name and
addressof each associatedConsultantfl

We hereby declare that all the information and statementsmade in this Proposal are
true and acceptthat any misinterpretation containedin it may lead to our disqualification.

If negotiationsare held during the period of validity of the Proposal, i.e., before the
date indicated in ParagraphReference i.9 of the Data Sheet,we undertaketo negotiateon the
basisof the proposedstaff. Our Proposalis binding upon us and subjectto the modifications
resulting from Contractnegotiations.

We undertake,if our Proposal is accepted,to initiate the Servicesrelated to the Project


not later than the dateto be determinedby the Employer.

We understandthat you are not bound to acceptany Proposalyou receive.

We remain,

Yours sincerelv.

linfull and initialsl:


AuthorizedSignature
Name and Title of Signatory:
Name of Firm:
Address:

' is foreseenl
lDetetein caseno association

a\ E
28 Section3.lTechnicalProposal- SampleForms

Form Technical-2:Consultant's Organization and Experience

A - Consultant's Organization

lProvide here a brief (not more than three pages) descriptian of the background and
organization of your firm/entity and each associateif any,for performing the Services.f
Section3. Technical Proposal- SampleForms

B - Consultant'sExperience

1. List only previoussimilar* assignmentssuccessfullycompletedin the last 10 years.

2. List only those assignmentsfor which the Consultant was legally contractedby the
Client as a company or was one of the joint venture partners. Assignmentscompleted
by the Consultant's individual expertsworking privately or through other consulting
firms cannot be claimed as the relevant experience of the Consultant, or that of the
Consultant's partners or sub-consultants, but can be claimed by the Expefts
themselves in their CVs. The Consultant should be prepared to substantiatethe
claimed experienceby presentingcopies of relevant documentsand referencesif so
requestedby the Client.

Duration Assignmentname/& Nameof Client Approx. Role on the


brief description of & Country of Contractvalue Assignment
main Assignment (in US$)/
deliverables/outputs Amount paid
to vour firm
'olmprovement
{e.g., {e.g., {e.g.,Ministry { e.g.,US$1 {e.g.,Lead
Jan.2009- qualityof...............": of......, millAJS$0.5 partnerin a JV
Apr.2010) designedmaster plan for country) mill) A&B&C)
rationalization
o f . . . . . . . ). :

{e.g.,Jan- {e.g., "Support to sub- {e.g., {e.g.,US$0.2 {e.g.,sole


May national municipality milAjS$0.2 Consultant)
2008) government.,..." : of........., mil)
drafted secondarylevel country)
regulationson..............
)

* Similar projectsi.e. road projectswith at least one tunnel having a length of 3000 meters or
more. For local firms in JV/associations,similar experiencewill be road projects as local
tunnel expertiseis not common.
Form Technical-3:Comments and Suggestionson the Terms of Reference
and Counterpart Staff and Facilitiesto be Provided by the Employer

A - 0n the Terms of Reference

lPresent and justifl here any modifications or improvement to the Terms of Referenceyou
(tre proposing to improve performance in carrying out the Services (such as deleting some
activity you consider unnecessery,or adding another, or proposing a dffirent phasing of the
activities). Such suggestions should be concise and to the point, and incorporated in your
Proposal.)
Section3. TechnicalProposal- SampleForms

B - On Counterpart Staff and Facilities

lComment here on counterpart staff antdfacilities to be provided by the Employer according


to ParagraphReference1.4 of the Data Sheet.l
32 Proposal
Section3. Technical = SampleForms

Form Technical-4:Description of Approach, Methodology and Work Plan


for Performing the Services

lTechnical approach, methodologyand work plan are key componentsof the Technical
Proposal. You are suggestedto present your Technical Proposal (a maximum of 50 pages,
inclusive of charts and diagrams) divided into thefollowing three chapters:

a) TechnicalApproach and Methodology,


b) Work Plan, and
c) Organization and Stffing,

a) Technical Approach and Methodoloq.v. In this section, you should explain your
understandingof the objectivesof the Services,approach to the Services,methodologyfor
carrying out the activities and obtsining the expectedoutput, and the degree of detail of
such output. You should highlight theproblems being addressedand their importance, and
explain the technical approachyou would adopt to deal with them. You should explain the
methodologies you propose to adopt and highlight the compatibility of those
methodologieswith the proposed approach.

b) Work Plan. In this chapter, you should propose the major activities of the Services, their
content and duration, phasing and interrelations, target schedules (including interim
approvals by the Employer), and delivery dates of the reports. The proposed work plan
should be consistent with the technical approach and methodology, showing
understandingof the TOR and ability to translate them into a feasible working plan. A list
of the Jinal documents, including reports, drawings, and tables to be delivered as final
output, should be included here. The work plan should be consistentwith the Work
Schedulein Form Technical-B.

c) Organization and Sta.ffing. In this chapter, you should propose the structure and
compositionof your team. You should list the main professionalpositions of the Services,
the key expert responsible,and proposed technical and support staff,l
Section 3. Technical Proposal- SampleForms

Form Technical-S:Compositionof the Teamoand Task(s)of each Team


Member

Name of Staff Firm Position Task


34 Section3. TechnicalProposal: SampleForms

Form Technical-6: Curriculum Vitae (CV) for ProposedProfessionalStaff

l. Proposed Position fonly one candidateshall be nominatedfor eachposition]:

2. Nameof Firm linsertnameoffirm proposingthestaffl:

3. Name of Staff finsertfull name]:

4. Date of Birth: Nationality:

5. Education fsummarize college/university and other specialized education of staff member, giving names of
institutions,degreesobtqined,anddatesofobtainment]:

6. Qualified Certificates lList any QualiJied Certi/icates held.l:

7. Countries of Work Experience fList countries where staff has worked in the last ten yearsl:

8. Languages fFor each language indicate proficiency: good, fair, or poor in speaking, reading, andwriting)'.

9. Employment Record fstarting with the present position, list in reverse order evety employmentheld by staff
memberssince graduation, givingfor each employment(seeformat here below): dates of employment, name of
employing organization, positions held.l

FromlYearl: To fYearl:
Employer:
Positionheld:

10. Detailed Tasks Assigned IList all tasl{sto be performed under this assignment)

11. Work Undertaken that Best lllustrates Capability to Handle the Tasks Assigned
fAmong the Services in which the staff has been involved, indicate thefollowing information for those Services
that best illustrate staff capability to handle the tasl{slisted under point I0.l

Name of Serviceor Project:


Year:
Location:
Employer:
Main project features:
Positionheld:
Activities performed:
Section3. TechnicalProposal:Sample Forms 15

12. Certification

I, the undersigned,certi$ that to the best of my knowledge and belief, these data correctly describe myself, my
qualifications and my experience. I understandthat any willful misstatementdescribed herein may lead to my
disqualification or dismissal, if engaged.

Date:
of thefirnlt
lsignatureof staffmemberor authorizedrepresentative Day/Month/Year

Full name of authorized representative:

t ThisCV can be signedby a seniorrepresentativeof the Consultantprovidedthat if the Consultant's


proposalis rankedfirst,a copyof theCV signedby thestaffmemberand/orspecialist shallbe
submittedto the Employer priorto thecommencement negotiations.
of contract
4J^P
36 Section 3. Technical Proposal- SampleForms

Form Technical-7:Time Schedulefor ProfessionalStaffi

Staffinput (in the form ofa bar chart)" Total man-month input
No. Name
I ) 4 5 6 1 8 9 10 11 t2 n Home Field' Total
Foreign
IHome]
[Field]

Subtotal
Local
[Home]
[Field]

Subtotal
Total

1
For ProfessionalStaffthe input shouldbe indicatedindividually;for SupportStaff it shouldbe indicatedby category(e.9.,draftsmen,clericalperson,etc.).
2
Monthsare countedfrom the start of the assignment.For each expertindicateseparatelythe inputfor home and field work.
Fieldwork meanswork carriedout at a place otherthan the Consultant'shome office.
Full-timeinput should be indicatedby -; Part-timeinput shouldbe indicatedby =====.
Section 3 -Technical Proposal: Sample Forms )I

Form Technical-8:Work Schedule

Months from the Start of the Services"


No. Activity (Work)'
I ) 1 4 6 7 8 9 10 n t2 n

1
Indicateall main activitiesof the Services,includingdeliveryof reports(e.9., inception,interimprogress
reports, and flnal reports),and other benchmarkssuch as approvalsby the Employer. For phased
assignmentsindicateactivities, deliveryof reports,and benchmarks for each phase.
separately
2
Durationof activitiesshall be indicatedin the form of a bar chart.
38 Seclion3. TechnicalProposal- SampleForms

Form Technical-9:Anti Corruption and Anti-MalpracticeDeclaration

* E * * k 1 9 g E U A C g 4 g q E o l o f L l $ , E g i l l f ? { t s3 ? € } E O l? € A U E } .
T h e E n g l i s ht e x t i n t h i s d e c l a r a t i o ni s n o t a n o f f i c i a lt r a n s l a t i o nI.n c a s e o f d i s c r e p a n c yt,h e
K o r e a no n e s h a l lo r e v a i l .

-d?l
+fi| g Erllf;g =rHg +EAl
Declaration
andAnti-Malpractice
Anti-Corruption

a++=g 3d 7l=
Bankof Korea(the"gank")
To TheExport-lmport

ol 04
/L[
\t ts o .

N a m eo f t h e P r o j e c t( t h e " P r o j e c t " ) :

g ^ t . = s H 9 r | 1 e t s l t e q l l = ( E D C F ) ( 0"t l63t" 0 l a [ - d r f ) l S A l - g a q e | . 3 J H 6 f G
-sl=
tl= Af 4 E - e r L l L f.
withregardto participation
We herebyconfirmthefollowing statedabovefinancedby
in the Project
the Economic
Development Fund(EDCF):
Cooperation

L-rE-

t . 3 f = r + l l A l l a H 0 l l? l o l A le l = B + A 0 l f t l e l ! l = t $ I l e l 9 L H A = = E 6 l + I l 6 l I
0t= 561 =+6f01,EIll Afglf &Eilq E g0ll frsEJ elE=iFa =ql il-d blEIllS
= +[|1g?l 5tb Al-ae]1q = A f l l - d ? l 0 l$l G a A l a 0 l 3 1 0 0 1 ,g o t r E O l a 1 egl 9 l 0 l l
AJHBII ?Jil8.
1, We undertake and compllance
fullunderstanding withthe "Acton PreventingBribervof Foreign
Business
in International
PublicOfficials and declarethat neitherwe nor any other
Transactions,"
partyactingon our behalfwith regardto the Projecthas engagedor will engagein corruptor
practices.
fraudulent

2 . 3 A f = E r l l A l - 9 9 ? 0 t 1= I l $ a 6 t G t = f t l a = F r t | : d ? l ! E = l a e l l = 5
t l l g ? l l l E ' f g E t =B ? A A 0 l q = A l . - a6 t' J s A 4 ^ l = + l 6 f t l a l E O l e l = I l l l l 6 l - I l
6 L A-^it
I O
fd -.

2 . l f t h e B a n k d e t e r m i n e st h a t w e h a v e e n g a g e di n c o r r u p to r f r a u d u l e n pt r a c t i c e sw i t h r e g a r dt o
, e w i l l n o t r a i s ea n y o b j e c t i o n st o t h e f o l l o w i n ga c t i o n st a k e nb y t h e B a n k :
t h e P r o j e c tw
Section 3. Technical Proposal -Sample Formr 39

l f . B r ^ l - gA t g a q $ S fd E J I l t H JA t e t 0 l rl t l e ! T l g e l 6 E l 1 +
2-1. Refusal of approval or no-objection withregard to ourparticipation in theProject;

L t . q r . E g e + E l 3 L l 0 1 6 l - 9l l z J E g r l l = r l a Alt^lg aG rll-d "J &aLt|Eg


-de+=e
Pts =Bl0lI1 ]llAl
n f o u r i n e l i g i b i l i tfyo r n o t m o r e t h a n3 y e a r st o b e a w a r d e da c o n t r a c tf i n a n c e db y
2 - 2 . D e c l a r a t i oo
E D C Fl o a n s ,a n d d i s c l o s u r eo f o u r i n e l i g i b i l i toyn t h e B a n k ' so f f i c i a lw e b s i t e ;a n d

1EEl= 3? Algll& g Erl


a - .b l E r l t = g ? l A l € 0+
authorities
to lawenforcement
2-3.Disclosure actsof bribery.
of ourverified

3. Er t= ErJl Algll-?J46|.G +a5]l'Al3 = tHelSRleqll= =E:aJal;5


I l t 7 1 9 6 ( E r i l B " J I | O i lf f A l l ^ | 1 ) g l t r | 1 ^ f f , ( E g ) O l6l H B t 6 f =3 ? 0 1 1 = 3 t r 0 1 6 1 9
ltrJ EPI ll=I|a A!+ fg aq= =Il6ltl4E 0lE= rllll6frl ?Jd.=.
3 . W e w i l l n o t r a i s e a n y o b j e c t i o n st o t h e B a n k ' s d e c l a r a t i o nt h a t w e a r e i n e l i g i b l ef o r n o t m o r e
t h a n 3 y e a r s t o b e a w a r d e da c o n t r a c t f i n a n c e d b y E D C F l o a n s i f w e f a l l u n d e r t h e I n e l i g i b i l i t y
C r i t e r i ao n M a l p r a c t i c e( a t t a c h e dh e r e t o )o f t h e A r t i c l e7 - G o I t h e R e g u l a t i o n so n E D C FO p e r a t i o n
a n d M a n a g e m e n tf,o r d e f e c t i v ed e s i g na n d / o r c o n s t r u c t i o n w i t h r e g a r dt o t h e P r o j e c t .

Lj g 9.!

Date/Month/Year

Et fg :
N a m eo f t h e C o m p a n y :

LllEAI: (E)
N a m eo f t h e C o m p a n yR e p r e s e n t a t i v e :

* Eg : E rl t R g rf Oi lr|1 -drJl rti ^fF( qlel3r lleqll= S8aattr I1l7 59 6)


Attached: lneligibilityCriteriaon Malpracticeunder Article 7-6 of the Regulationson EDCF Operationand

Management
_40

/EOt\

(Attachment)

EIt *g&oil Elt:dr-ilrl1^tf


(llelSlteqll= EEZtalt€ l l 7 z s o l6 )

Inelisibility on Malpractice
Criteria
( A r t i c l e7 - 6 o f t h e R e g u l a t i o nosn E D C FO p e r a t i o na n d M a n a g e m e n t )

1 . I H E + t r + = 0 1 l l r f r H ! E = E q e l 6 l - r f= q l e l 6 l G r t | e l u + 8 + 0 l l l g o c 0let=
I l l l 6 t . t r r A l .9 l f E tE t6l .r
f E € El= 3?
1. Wherethe borrowerraisesan issuein writingon the defectof goodsand servicesprovidedby
the companyin question,
andthe Bankdetermines it reasonable;
and

2. t4)l= E t ^ f & e 6 f = Z l e + O l$l E I g E A l - d g t l l 7 6 4 I 1 l 1 B t l l l I E , I l l 2 E ,


r14 l E L H I | I l 1 5A , H t 7 E e t A t F 0 l l 6 H 3 6 t = 3 ?
2 . W h e r et h ec o m p a n iyn q u e s t i ofna l l su n d e A
r rticle
7 6 U ) - 1 , 2 , 4 , 5 , 6 , 7 , 8 , 9 , I 0 , 11, 1 2 , 1 3 , 1 4 ,
15,and 17 ol the Enforcement Decreeof theAct on Contracts to WhichtheStatels a Party.

<Ari> f+ll= 3Al.&tr 6l= ]lE0ll P|-eg ! E A l S B t l l l 7 6I l l 1 B t


Reference: 76 (1)of theEnforcement
Article Decree of theActon Contracts to Which
theStatels
a Party

-d
1 . ] t q ' = 0 l g B | . 0 i?l l o l l + a . I A t ! E = + E J 5 l ] i l 6 f l l L l + t r - d t s ? l = ^-
1. A person whohas,in theexecution of contractual
obligations, performed deficiently,crudely
or
u n r e a s o n a b l yo,r c o m m i t t e da m a l p r a c t i c e ;

2. ra€&gll=gJ.t8ll3Al.gtst.ftrHEC3Al-EHt )lEt tl= gg0ll 9-e!


6l.E3el lllct+5CI| ?ltI(olE=EIle.l+?lElel 3?= I l l e l E l t l - ) 6 | . q6 | . E = e l I l g
g+&Alel *EEL0l 6fEe= 6lllLl' gf+et^lel =E= g= 6|E3IA= S3-et Il'
2 . A p e r s o nw h o h a s c o n c l u d e da s u b c o n t r a c ti,n v i o l a t i o no f t h e p r o v i s i o n sc o n c e r n i n gt h e
l i m i t a t i o no f t h e s u b c o n t r a c (t e x c l u d i n gt h e c a s e o f v i o l a t i n gt h e l i a b i l i t yf o r n o t i f i c a t i o no f t h e
s u b c o n t r a c tu
) n d e rt h e F r a m e w o r A
k c t o n t h e C o n s t r u c t i o nl n d u s t r y t, h e E l e c t r i c aCl o n s t r u c t i o n
B u s i n e s sA c t , t h e l n f o r m a t i o na n d C o m m u n i c a t i oWn o r k B u s i n e s sA c t , o r o t h e rA c t s a n d
s u b o r d i n a t es t a t u t e s ,a n d a p e r s o nw h o h a s c o n c l u d e da s u b c o n t r a cw t i t h o u tt h e a p p r o v a o
l f the
g o v e r n m e n at g e n c yw h i c h h a s p l a c e dt h e o r d e ro r h a s c h a n g e dt h e c o n d i t i o n so f t h e s u b c o n t r a c t
a p p r o v e db y t h e s a i d g o v e r n m e nat g e n c y ;

4. IAlS]lgq]lE !E= Arfll&AE]lE0ll ?lol i l9 !E= Gtll-e! llA€


T | S ] l = q 0 l L l A l [ ] l & = s q = 4 5 5 1 ] l l ^ l 5 6 f l l 0 l L l - e If l
4 . A p e r s o n w h o h a s , i n t h e c o n t r a c t o f s u r v e y a n d d e s i g n s e r v i c e so r o f c o s t a c c o u n t i n g
s e r v i c e s J, a i l e dt o a p p r o p r i a t e lcya l c u l a t et h e a m o u n to f s u r v e ya n d d e s i g no r c o s t a c c o u n t i n gb y
e i t h e ri n t e n t i o no r g r o s s n e g l i g e n c e ;
Seelion3Jechnisal Proposal- SampleFouns 4l

4 9 2 . ra € l l e $ a l E t l l l 2 T 0 l l ttl= Eftr JSI lEq]lE01l Rioll lel !E= =tlls!


t r | 4 t r + A q l = 5 E l - 3 € T A l = + A 6 l ] l l + B 6 f q g + l l $ 0 l l + 6 | 1 =D d l r i
4 - 2 . A p e r s o n w h o h a s , i n a s e r v i c e c o n t r a c t f o r a f e a s i b i l i t ys t u d y u n d e r A r t i c l e 2 o f t h e
C o n s t r u c t i o nT e c h n o l o g y M a n a g e m e n t A c t , i n f l i c t e d d a m a g e o n t h e o r d e r i n g a g e n c y b y
i m p r o p e r l yc a r r y i n go u t f e a s i b i l i t ys t u d i e s s u c h a s d e m a n d f o r e c a s tb y e i t h e r i n t e n t i o no r g r o s s
negligence;

5. ]lE9 0leql flolAl 9J&fi4q= a=61 6lq ==0ll]ll ?l6H= tf-d rf !E=
A f g S 0 l l A lf & g g f E H Z H t 0 l l 9 - e ! g f 8 ' H A 4 ^ l = 4 = 6 1 6 f q = e r u 5 q l l l A l o J =
6tlle! ?l6H= ll"-d If
5 . A p e r s o nw h o h a s i n f l i c t e di n j u r yo n t h e g e n e r a lp u b l i cb y n e g l e c t i n gs a f e t ym e a s u r e sw h i l e
f u l f i l l i n ga n y c o n t r a c to r a p e r s o nw h o h a s i n f l i c t e da s e r i o u si n j u r y ,i n c l u d i n gd e a t h ,o n
e m p l o y e e s e, t c . t h r o u g ht h e n e g l e c to f s a f e t ya n d h e a l t hm e a s u r e so f t h e l n d u s t r i aSl a f e t ya n d
H e a l t hA c t a t t h e w o r k p l a c e ;

6 . A S E l 0 l F S . 0 l ] t E = i l l = ! E = 0 l c G t 1 9 4 0 l l r r f = + r l l g = F O i ls J e l f c r ,
-stOll
Rl 42 T Ill 5 tIlE ]lEOlts=qAA|"= ?l6fq fil=el 6fF=Arel]lq, el+=trIf
=tr5Z Ol-dllsl0ll $el f-Btll xll 72 4 "; ll 72 ?Sel2 0ll itf= gS]lstOll &et
t a g 0 t e = E e r . - d r f ) 6 f l O t L t _ dI f
6. A person whohas,without anyjustcause, or perform
failedto conclude a contract (including
the performance of matters concerning anincidental tenderunderArticle19,matters concerning
thesubcontract management planandtheperformance planforoutsourcing workers' working
conditions for the reviewof the contractperformance
submitted underArticle42 (5)
capability
andmattersconcerninga jointcontractunderArticles72 and72-2)i

7 . 3 8 9 = t 0 1 1 ? l 0 1 A lg = , r l a q l Altr ael6|-q 0lal gg]f4= cS6fnllLf =€Eel


qr's= ?l6fq Er.e-drf
7 . A p e r s o nw h o h a s a g r e e du p o n t h e b i d d i n sp r i c e i n a d v a n c eb y h a v i n gd i s c u s s e di t b e t w e e n
b i d d e r so r h a s c o l l u d e df o r t h e p u r p o s eo f s u c c e s s f utl e n d e rb y a s p e c i f i cp e r s o ni n t h e
c o m p e t i t i v et e n d e r ;

B . g S ! E = ] l q t q l & - d A l + ( I l l 3 9 1 9 + 8 0 1 1e l 6 [ q ^ l 8 8 H x 1 a l 5 ^ l 0 l l 9 6 l q
gSAl= ll=61-= 3?el t&Il-AlgEj lll 2I I l l B E e l i l 5 0 1 1e l c l 3 E E = 4 1 =
-d^l-e! -ol?l
E-srAt|)= ?14'EI6l.l1Ll +tr6llll II E= l+= Il=El If
8. A personwhohasforged or altered documents concerning tender or contract (including any
writtenpubliccertification
provided for in subparagraph8 of Article2 of the DigitalSignature
Act
in the casewherethedocuments for thetenderaresubmitted in useof the designated
informationprocessing unit)or usedthemunjustly, or a personwhohasproduceda false
document;

9. :tettr +Eel g3= a ft


9 . A p e r s o nw h o h a s e x e c u t e da n i n v a l i dt e n d e rb y i n t e n t ;

-Br0ll
1 0 . g 3 ' . - + 3 E = ] l E e l i 1 l = ' 0 1 t s J$ d 6 [ q P I ] | 3 + A ( H l l l 2 9 I I 1 lI 0.=
=lt]lE=84trfl4q, 0l g ll 42 5 ll 7 g0ll [f= g='=e445da^l?aal,

el-P
+z Section3. TechnicalProposal- SampleForms

r l l 4 3 I rl l B E t0 l ln f= l l g l ^l B l l- flaq, ll 94 4 r ]t 1 Bt0ilnl= ]te+ aetflaa,


a € l t g & a t g O l te l e l = g r z 5 Z = a e t 9 l a e t . = g 7 l t r ) t = a o t ? t a o t q 5 ] t r f E
? l S e l e l 9 l A = g -a 'a rtt)q l l lb l == = Il
'I
0. A personwho has,in relationto a bid,successful bid,or conclusion of a contractand
execution thereof, offereda bribeto a relevantpublicofficial(includingmembers of the
InternationalContractDisputeConciliation Committee underArticle29 (1) of theAct,the
Committee for Examining theAdequacy of TenderPricesunderArticle42 (7) oI thisDecree,the
Committee for EvaluatingWrittenProposals underArticle43 (8) of thisDecree,the Contract
CouncilunderArticle94 (1)of thisDecree, the CentraiConstruction TechnologyDeliberation
Committee, the SpecialConstruction Technology Deliberation Committee, andthe Design
Advisory Committee underthe Construction Technology Management Act);

11. g=farlfAlSAl !E= ggaflf=+Al= ll=6llE 5 3 - d 0 l R S . O I E f o HE l ] l g E


e 3A 0lAt g = r ( I l l 39 I lll 2Bf0ll$af Il58Hr1Blst^l0ll el6iq gg^l= ll=6llll
a g 3 = llel-dq-)0il arlf6ll O l - L l e l
&
11. A personwho hasfailedto participate in the bidding(excluding anybiddingfor whicha
writtenbiddingis submitted by meansof thedesignated information processing unitprovided for
in the provisionsof Article39 (2))threeor moretimesduringthe corresponding fiscalyear
withoutjustifiablereasonsevenafterhavingsubmitted a writtenappjication for participation in the
tenderor a writtenconsentto participation in thetender;

12. oJgArll= tjJ6ll6l-llL+l 3 l l e l ] l q r ^ l l = S = I 0 l g = H J 6 H - el -i


12.A personwho hasinterferedwithparticipation in thetenderor hindersa successful
bidder
fromconcluding
the contractandexecuting it;

1 3 .' J = !E = a ^f0 i l ? l 0 1 ^l:t 5 t+ol + B= r *6Hctr l


13.A personwho hasinterfered
withthe performance
of dutiesin thecourseof supervision
or
inspection;

1 4 ,t r 3 - e tO l R g . O^l14l 2 4 I l l l e q l $ = Z l q r 0 l e = q e l A ^ f 0 l lg a A A + 9 A +
!E= g+= Ilt=6tl 0fLt6fllLA t i + R t =+ q = | . & = € a q t a A l = s l - d r f
14.A personwho has,withoutanyjustifiable grounds, failedto submitthe fullor partof the
documents whicharerequired for an examination to performthe contractpursuant
of capabilities
to Article42 (1) or a personwho hasabandoned the examination aftersubmittingthe required
documents beforea successfulbidderis finalized;

14 ol 2. ^ll 42 T rll 4 g0ll ttf= gs=a{el 4SEdAfel tNAfIfC CtrEl + 8trJel


0 t 9 s 0 t a A f 0 i lE e i l A l F e l & + ! E = g + = Il=6fl 0 l L l 6 p 1 L fJ F I I l = +
q=f& 35 80ll a^i= g.llElrt
1 4 - 2 . A p e r s o nw h o h a s , w i t h o u ta n y j u s t i f i a b l eg r o u n d s ,f a i l e dt o s u b m i tt h e f u l l o r p a r t o f t h e
d o c u m e n t sw h i c h a r e r e q u i r e df o r a n e x a m i n a t i o a n f t e rh e / s h ew a s c h o s e na s a p a r t i c i p a nitn t h e
examination o f t h e a d e q u a c yo f b i d d i n g p r i c e s p u r s u a n t o A r t i c l e4 2 ( 4 ) o r a p e r s o nw h o h a s
a b a n d o n e dt h e e x a m i n a t i o na f t e rs u b m i t t i n gt h e r e q u i r e dd o c u m e n t sb e f o r ea s u c c e s s f ubl i d d e r
is determined;

2Ato
Section3. Technical Proposal- SampleForms

1 5 .l l 8 7 4 0 l l q " a fg g g = ' e l q = , & = = 5 6 f = 3 ? O i l a A l S ] | A 4 ^ R 8 8 E J +


a B r " e0l l F s 0 l l t a L l l 0 l a
l A l € ] l A - t =H = 6 l ^ 1 0 l L l e lt
1 5 . W h e r ea s u c c e s s f u bl i d d e ri s d e t e r m i n e df o r t h e p a c k a g ed e a l b i d u n d e rA r t i c l e8 7 , a p e r s o n
w h o h a s f a i l e dt o s u b m i ta w r i t t e ne x e c u t i o nd e s i g nw i t h i nt h e t i m e l i m i tw i t h o u ta n y j u s t i f i a b l e
r e a s o n sa f t e r b e i n g s e l e c t e da s a p e r s o ns u i t a b l ef o r t h e e x e c u t i o nd e s i g n ;a n d

17. ftl, r.,,+9 +8el e?e 9 3 . + = t ! E = ] l q ' e l ^ l l = . 0 1 =tdr f 8 0 l l A=l l l 0 l l


+ 6 H = ] ]l rl rl
I 7 . A p e r s o nw h o h a s c a u s e dd a m a g et o t h e S t a t e i n a b i d o r a s u c c e s s f ubl i d o r d u r i n gt h e
p r o c e s so f t h e c o n c l u s i o no r p e r f o r m a n c eo f t h e c o n t r a c tb y d e c e i to r o t h e rf r a u d u l e nm
t eans.
44 Section4. FinancialProposal- SampleForms

Section4
Financial Proposal- SampleForms

lComments in brackets f I provide guidance to the short-listed Consultants for the


preparation of their Financial Proposals; they should not appear on the Financial Proposals
to be submitted.l

Sample Forms for the Financial Proposal shall be used for the preparation of the Financial
Proposalaccordingto the instructionsunder para.3.7 of Section2.

Financial-1 FinancialProposalSubmissionForm

Financial-2 Summary of Costs

Financial-3 Breakdown of Remunerationfor Construction Supervision

Financial-3 Breakdownof Remunerationfor DetailedDesign

Financial-4 Breakdownof Out-of-PocketExpensesfor ConstructionSupervision

Financial-4 Breakdownof Out-of-PocketExpensesfor Detailed Design

Appendix Financial Negotiations - Breakdown of RemunerationRates

D.P
45

Form Financial-1:FinancialProposalSubmissionForm

To: lName and address of the Employerf

Dear Sirs,

We, the undersigned,offer to submit our Proposal for providing the Services for the
linsert title of the Project) in accordancewith your Requestfor Proposalsdated finsert Datel.
Our attachedFinancial Proposalis for the sum of linsert amount(s)in words and figures'1.
This amount is exclusive of the local taxes, which shall be exempted or borne by the
Employer.

Our Financial Proposal shall be binding upon us subject to the modifications resulting
from Contractnegotiations,up to the expirationof the validity period of the Proposal,i.e.,
beforethe dateindicatedin ParagraphReference1.9 of the Data Sheet.

We understandthat you are not bound to acceptany Proposal you receive.

We remain.

Yourssincerely,

AuthorizedSignaturelinfull andinitials):
Name and Title of Signatory:
Name of Firm:
Address:

' Amounts withtheonesindicated


mustbe consistent underTotalCostof Financial in Form
Prooosal
Financial-2.
AE-_
Form Financial-2:Summary of Costs

Costs
Foreign
Item Local Remarks
Currency
Currency Sub Total
Portion in
Portion
US$
Detailed Design

Remuneration

Out-of-Pocket
Expenses

Total

Construction
Supervision

Remuneration

Out-of-Pocket
Expenses

Total

ProvisionalSums

Contingencies 241.000

Grand Totalr

'
Indicatethe totalcosts,net of localtaxes,to be paid by the Employer.
Section4. FinancialProposal- SampleForms 47

Form Financial-3: Breakdown of Remunerationfor Construction Supervision


(This FormFinancial-3shallonly be usedwhenthe Time-BasedFormof Contracthasbeenincludedin the RFP)

Staff-month Rate'
Namet Position2 Inputs Costs6 (in U.S. Dollars5)
(in U.S. Dollarsa)

Foreign Staff

lHome)

lFieldl

Staff-month Ratee
NameT Positions Inputrr Costs (in Pak Rs.)
(in U.S. Dollarsl)

Local Staff

IHome]
lFieldl

1
ProfessionalPersonnelshould be indicatedindividually;SupportPersonnelshould be indicatedper category(e.9.:draftsman,administrativepersonnel).
2
Positionsfor the ProfessionalPersonnelshall coincidewith the ones indicaledin Form Technical-S.
3
Indicateseparatelystaff-monthrate for home and field work.
4
ff specifiedotherwisein para 3.7.2 of Section2, applycurrencyotherthan U.S. Dollars.
5
Indicate,separatelyfor home and field work, the total expectedinput of stafffor carryingout the group of activitiesor phase indicatedin the Form.
6
For each staff indicatethe remuneration,separatelyfor home and field work. Remuneration= Staff-monthRate x Input..
7
ProfessionalPersonnelshouldbe indicatedindividually;SupportPersonnelshould be indicatedper category(e.9.:draftsman,administrativepersonnel).
8
Positionsfor the ProfessionalPersonnelshall coincidewith the ones indicatedin Form Technical-S.
9
Indicateseparatelystaff-monthrate for home and field work.
10
ff specifiedotherwisein para 3.7.2 of Section2, applycurrencyother than U.S. Dollars.
11
Indicate,separatelyfor home and field work, the total expectedinputof stafffor carryingout the group of activitiesor phase indicatedin the Form.

$
48 Section 4. Einancial Proposal - Sample Forms

Form Financial-3: Breakdown of Remunerationfor Detailed Design

(This From Financial-3 shall only be used when the Lump-Sum Form of Conhact has been included in the RFP.
Information to be provided in this Form shall only be used to establishpayments to the Consultant for possible
additionalservicesrequestedby the Employer.)

Staff-month Rate'
Namer Position2
(in U.S. Dollarsa)
Foreisn Staff
lHomel
lFieldl

Staff-month Rate'
Names Position6 (in Pak Rs.)
Local Staff
lHomel
lFieldl

Professional Personnelshouldbe indicatedindividually; SupportPersonnelshouldbe indicatedper category


(e.9.:draftsman,administrative personnel).
2
Positionsfor the ProfessionalPersonnelshallcoincidewiththe onesindicatedin FormTechnical-S.
3
Indicateseparatelystaff-monthrate for home and field work.
4
in para 3.7.2 of Section2, applycurrencyotherthan U.S. Dollars.
lf specifiedothenrvise
5
Professional Personnelshouldbe indicatedindividually; SupportPersonnelshouldbe indicatedper category
(e.9.:draftsman,administrative personnel).
6
Positionsfor the ProfessionalPersonnelshallcoincidewiththe onesindicatedin Form Technical-S.
7
Indicateseparatelystaff-monthrate for home and field work.

zl-+
Section4. Financial Proposal- SampleForms 49

Form Financial-4:Breakdown of Out-of-PocketExpensesfor Construction Supervision

Unit Cost Costs3


No. Descriptionr Unit Quantity
(in U.S.Dollars2) (in U.S. Dollars2)
I Per diem allowances Dav
2 lnternational fliehts' Trip
3 Miscellaneoustravel exDenses Trio
Communication costs between finsert placel and
4
linsert olacef
5 Draftine.reproductionof reports
6 Equipment, insfruments.materials, supplies,etc.
7 Shipment of oersonaleffects Trip
8 Useof computers.
software
9 Laboratory tests
l0 Subcontracts
il Local franspoftationcosts
12 Offi ce, administrative assistance
13 Training of the Employer'spersonnel'
Total Costs

1
The descriptionlist is providedfor guidance.Deleteitemsthat are not applicableor add other items, lf necessary.
lf specifiedotherwisein para 3.7.2 of Section2, apply currencyother than U.S. Dollars.
3
Indicatethe cost of each out-of-pocketexpences.Cost = Unit Cost x Quantity.
4
Indicateroute of each flight,and if the trip is one- or two-ways.

I
5
Indicateonly if the trainingis a majorcomponentof the ConsultingServices,definedas such in the TOR.
)U Section4. FinancialProposal- SampleForms

Form Financial-4: Breakdown of Out-of-PocketExpensesfor Detailed


Design

(This Form Financial-4 shall only be used when the Lump-Sum Form of Contract has been included in the RFP.
Information to be provided in this Form shall only be used to establish payments to the Consultant for possible
additionalservicesrequestedby the Employer.)

Unit Cost
No. Descriptionl Unit
(in U.S.Dollars2)
Per diem allowances Day
2 International flishts' Trip
5 Miscellaneoustravel expenses Trio
Communication costs between flnsert placel and
4
llnsert nlacel
5 Draftins. renroductionof reports
6 materials,supplies,etc.
Equioment.instruments.
"l Shiomentof oersonaleffects Trin
8 Useof computers,software
9 Laboratorv tests
l0 Subcontracts
t1 Local transportationcosts
t2 Offi ce, administrative assistance
IJ Training of the Emplover's personnel'

The description list is providedfor guidance.Deleteitemsthat are not applicableor add otheritems,if
necessary.
lf specifiedotheruisein para 3.7.2of Section2, applycurrencyotherthan U.S. Dollars.
Indicateroute of each flight, and if the trip is one- or two-ways.
Indicateonly if the trainingis a majorcomponentof the ConsultingServices,definedas such in the TOR.

a-z
Section4. EinancialProposal- SampleForms

Appendix: Financial Negotiations- Breakdown of RemunerationRates

1. Review of Remuneration Rates

1.1 The remunerationrates for staff are made up of salary, social costs,overheads,fee that
is profit, and any premium or allowancepaid for assignmentsaway from headquarters.
To assist the firm in preparing financial negotiations, a Sample Form giving a
breakdown of rates is attached (no financial information should be included in the
Technical Proposal). Agreed breakdown sheets shall form part of the negotiated
contract.

r.2 The Employer is charged with the custody of government funds and is expected to
exercise prudence in the expenditure of these funds. The Employer is, therefore,
concerned with the reasonablenessof the firm's Financial Proposal, and, during
negotiations, it expects to be able to review audited financial statementsbacking up
the firm's remuneration rates, certified by an independent auditor. The firm shall be
prepared to disclose such audited financial statements for the last three years, to
substantiateits rates, and acceptthat its proposed rates and other financial matters are
subjectto scrutiny.Rate detailsare discussedbelow.

(i) Salary
This is the gross regular cash salary paid to the individual in the firm's home
office. It shall not contain any premium for work away from headquartersor
bonus (except where theseare included by law or governmentregulations).

(ii) Bonus
Bonusesare normally paid out of profits. Becausethe Employer doesnot wish to
make double payments for the same item, staff bonusesshall not normally be
included in the rates.Where the Consultant's accounting systemis such that the
percentagesof social costs and overheadsare based on total revenue, including
bonuses, those percentagesshall be adjusted downward accordingly. Where
national policy requiresthat 13 months' pay be given for 12 months' work, the
profit elementneed not be adjusteddownward. Any discussionson bonusesshall
be supportedby auditeddocumentation,which shall be treatedas confidential.

(iiD SocialCosts
Social costsare the coststo the firm of staffls non-monetarybenefits.Theseitems
include, inter alia, social security including pension, medical and life insurance
costs,and the cost of a staff memberbeing sick or on vacation.In this regard, the

D.+
<t Section4. EinancialProposal SaqrpleForms

cost of leave for public holidays is not an acceptablesocial cost nor is the cost of
leave taken during an assignmentif no additional staff replacement has been
provided. Additional leave taken at the end of an assignmentin accordancewith
the firm's leavepolicy is acceptableas a socialcost.

(iv) Cost of Leave


The principles of calculating the cost of total days leave per annum as a
percentageof basic salaryshall normally be as follows:

total davs leave x 100


Leave cost aspercentageofsalary ' :
[365-w-ph-v-sJ

It is important to note that leave can be considered a social cost only if the
Employer is not chargedfor the leave taken.

(v) Overheads
Overheadexpensesare the firm's businesscoststhat are not directly related to the
execution of the assignmentand shall not be reimbursedas separateitems under
the contract.Typical items are home office costs(partner'stime, nonbillable time,
time of senior staff monitoring the project, rent, support stafl research, staff
training, marketing, etc.), the cost of staff not cunently employed on revenue-
earningprojects,taxeson businessactivities and businesspromotion costs.During
negotiations,audited frnancial statements,certified as comectby an independent
auditor and supporting the last three years' overheads,shall be available for
discussion,togetherwith detailed lists of items making up the overheadsand the
percentageby which each relatesto basic salary. The Employer does not accept
an add-onmargin for social charges,overheadexpenses,etc., for staff who are not
permanentemployeesof the firm. In such case,the firm shall be entitled only to
administrativecostsand fee on the monthly paymentschargedfor subcontracted
staff.

(vi) Feeor Profit


The fee or profit shall be based on the sum of the salary, social costs, and
overhead. If any bonusespaid on a regular basis are listed, a coffesponding
reduction in the profit element shall be expected. Fee or profit shall not be
allowed on travel or other reimbursable expenses,unless in the latter case an
unusually large amount of procurementof equipmentis required. The firm shall
note that paymentsshall be made against an agreedestimatedpayment schedule
as describedin the draft form ofthe contract.
' Wherew= weekends,
ph = publicholidays,
y=vacation,and s= sickleave.
Section4. FinancialProposal- SampleForms

(vii) Away from HeadquartersAllowance or Premium


Some Consultants pay allowances to staff working away from headquarters.
Such allowances are calculated as a percentageof salary and shall not draw
overheadsor profit. Sometimes,by law, such allowancesmay draw social costs.
In this case,the amount of this social cost shall still be shown under social costs,
with the net allowance shown separately.For concernedstaff, this allowance,
where paid, shall cover home education,etc.; theseand similar items shall not be
consideredas reimbursablecosts.

(viii) SubsistenceAllowances
Subsistenceallowancesare not included in the rates,but are paid separately.No
additional subsistenceis payable for dependentsthe subsistencerate shall be the
samefor married and sinsle team members.

I-INDP standard rates for the particular country may be used as reference to
determinesubsistenceallowances.

) Out-of-pocket Expenses

2.1 The financial negotialions shall further focus on out-of-pocket expenses.These costs
may include, but are not restrictedto, cost of surveys,equipment,office rent, supplies,
international and local travel, computer rental, mobilization and demobilization,
insurance, and printing. These costs may be either unit rates or reimbursable on the
presentationof invoices.

3. Bank Guarantee

3.1 Payments to the firm, including payment of any advance based on cash flow
projections covered by a bank guarantee, shall be made according to an agreed
estimatedscheduleensuringthe firm regular paymentsin Korean Won, as long as the
servicesproceedas planned.
54 - Section4, EinancialProposal--Sample Forms

SampleForm

ConsultingFirm: Country:
Assisnment: Date:

Consultant's RepresentationsRegarding Costsand Charges

We herebyconfirm that:

(a) the basic salariesindicated in the attachedtable are taken from the firm's payroll records
and reflect the currentsalariesof the staff memberslisted which have not beenraisedother
than within the normal annual salaryincreasepolicy as appliedto all the firm's staff;

(b) attachedaretrue copiesof the latestsalaryslips of the staff memberslisted;

(c) the away from headquartersallowances indicated below are those that the Consultants
have agreedto pay for this assignmentto the staff memberslisted;

(d) the factors listed in the attachedtable for social chargesand overhead are basedon the
firm's averagecost experiencesfor the latest three years as representedby the firm's
financial statements;and

(e) said factorsfor overheadand social chargesdo not include any bonusesor other meansof
profit-sharing.

[Nameof ConsultingFirmJ

Signatureof AuthorizedRepresentative Date

Name:

Title:

ZJ-P
Section4. Financial Proposal- Sample Forms 55

Consultant's RepresentationsRegarding Costsand Charges


(Expressed
in US Dollars')

Personnel I z J 4 5 6 7 8

BasicSalaryper Away from ProposedFixed ProposedFixed


Social
Name Position Working Overhead Subtotal Fee3 Headquarters Rate per Working Rateper Working
Charges2
Month/DaylYear Allowance Month,/DayAIour Month,/DayAlour'

Home Oflice

Field

lf specified in para3.7.2of Section2, applycurrencyotherthanU.S.Dollars.


othenlrise
' Expressed as percentageof 1
o Expressedas percentage
of 4
Section 5 Terms of Reference 56

Section5
Terms of Reference
Section5. Terms of Reference 57

TERMS OF REFERENCE
FOR
ENGINEERINGCONSULTANCYSERVICES
(D E T A IL E DD E S IGN ,CONSTRUCTION
SUPERVISION&
CONTRACTADMINI STRATION)
OF
MALAKAND TUNNEL PROJECT

57

z+
Section 5 Terms of Reference 58

Table of Contents

Section 1: Background and Objective


1.1 Background1.2 Objective

Section 2: Scope of Consulting Services


2.1 General
2.2 ProcurementSupport
2.3 Preparationof Detailed Design
2.4 Managementof Contractsand Supervisionof Construction
2.5 Others

Section3: Expertise Required


3.1 Requirementof Experts
3.2 Scheduleof ConsultingServices

Section4: Reporting Requirements


4.1 General
4.2 Specific and Periodic Reports

Section 5: Facilities to be provided to the Consultant

Appendix 1"Tentative Project Implementation Schedule


Section 5. Terms of Reference 59

SECTION 1: BACKGROUND AND OBJECTIVE

1.1BACKGROUND

1. This Terms of Reference (TOR) is prepared for the engagement of consulting


services (Consultant) for engineering detailed design and construction supervision, and
monitoring to facilitate the implementation of the Malakand Tururel Construction Project.
This Section provides a backgroundof the proposedProject and relevant information for the
Consultant.

2. The Islamic Republic of Pakistan'sobjective in the transportsector is to establish


an efficient road network that maximizes the contribution of transport sector to economic
growth, poverty reduction,regional cooperation and globalization.

3. The governmentof the Islamic Republic of PakistanrequestedEDCF loan for the


Malakand Tunnel Construction Project i) to provide an all weather transportation link
between Malakand, Chitral District and rest of the country for passengersand cargo traffic,
ii) to reduce potential traffic accidents and traffic congestion due to increasing traffic
volume and alignment defects, and iii) to achieve the balanced development across the
country.

1.1.1The Project

4. Existing Highway N45 (lr{owshera-Malakand-Chitral,L=309Km) is the main road


connecting Northwest area to the rest of the Pakistan on a North - South axis. Howevet,
Malakand Pass (Dargai-Batkhela, current L:14Km) is a bottleneck of N45 to function as
main road. Malakand Pass is situated at the steep slope with alignment defects, thus
resulting in traffic congestion and possible traffic accidents in severely winding curves.
Fragile geology, steep stop and rainfall cause the landslide and blocking the road. The
Project is a remedial measure of the Pakistan Government to deal with such problems
throush construction of an alternativeMalakand Pass(L:9.7I(m) with Tunnel.

Diagram 1. Proiect Overview

.ii:'. &'"
lE

:lg
la

.'.......'

'.,i
-"-'*.1::. .....,..ir-''.
. .:: 1..1
l: :
.i

59

2\-+'
Section 5 Terms of Reference

5. The National Highway Authority (NHA) prepared Feasibility Study (Final Report, Feb.
201,D: with the help of Korean Consultants (f,rnanciallysupported by Korea Exim bank,
hereafter referred as the "Bank") to develop the Project. The Project comprises of the
following components:

Table 1. Summary of Work Scope

Component Description
Construction . TotalLengthof thePass:9,732m
Approachroad: 6,4075m
Tunnel(1place,2 ea):3,735m13,772m
Bridge(3 places)
:152.5m
ConsultingService Detailed design, Procurement support, Construction
supervision, Contract Administration Support, Reporting, etc

6. Recent geographical changes in the Central Asian countries will open up new
opportunities in the region - multilateral consolidateroad and trade link between Pakistan
and the Central Asian countries. Hence it is expectedthat considerabletraffic volume will
be generatedto Malakand and Lowari tunnel. For this reasonNHA decided to changethe
Lowari Rail Tunnel to Lowari Road Tunnel. The completion of Malakand and Lowari
Tunnel provides incentive for extending its accessto Chitral - Ishkashim Highway and link
to Dushanbe, Tajikistan. This linking will promote the intemational trading route from
Tajikistan to Gwadar Port. In future it may becomeone of the most important trade route.

1.1.2Project Implementation Arrangements

7. NHA will be the Project ExecutingAgency (PEA) of the Project. Within PEA, the
Planning Wing shall be the Project Implementing Agency for Desigri and Tendering while
the Construction Wing shall be the Project Implementing Agency for Construction
Supervision.The Project will be implementedover a period of about four (04) years
including detaileddesign and supervisionfor completionin 2018, and in accordancewith
the indicative scheduleof Project implementation.

B. The civil works shall be selected through Competitive Bidding (CB) among
qualified Korean bidders having good reputation, reliable creditwofthiness, and competent
project performancecapability as the Bank's ProcurementGuidelines (Revisedin March
2005).

9. For overall detailed design and supervisionof implementationof the Project,the


NHA will engagea suitably qualified and experiencedfirm of Korean consultantshaving
experience in the fields of road/tunnel/bridge project design, international procurement,
construction supervision, quality assurance, environmental supervision, and Project
performance monitoring. The recruitment of consultant will be done in accordancewith
Bank's Guidelines on the Employment of Consultants (Revised in March 2005). T}:'e
consultantservicesare expectedto be financedfrom the proceedsofthe proposedLoan for
the Project.
Section 5. Terms of Reference 6l

I.2 OBJECTIVE

10. The main objectivesof the consultingservicesare to ensurethat all activities for
the implementationand commissioningof the proposedProject, including detaileddesign,
procurement of contracts and supervision for construction works, are undertaken in an
economical, efficient, and environment-friendly manner, consistent with widely accepted
engineering standards and practices for such works, and to the satisfaction of the both
Governments.

11. The consultantwill ensuresafety in construction,and provide on-the-job training


and transfer of engineering and project management experience to associatedstaff and
counterpartstaff nominated by NHA.

SECTION 2: SCOPEOF CONSULTING SERVICES

2,I GENERAL

12. The scopeof servicesto be provided by the Consultantwill include but will not be
limited to the requirements detailed in this Section. The Consultant will ensure that the
Project is implementedeconomicallyand efficiently as per the implementationschedule,
and in accordancewith the Project documents,including the Loan, and other documents
referredto therein.

13. During the implementationof the Project, continuouscoordinationwill be required


with Government authorities and local agencies for resolution of issues related to the
Project.NHA, or an agency nominated by it, will be the main coordinating agency, and the
Consultantshall assistNHA whereverrequired,to provide technical support, by way of data,
drawings,sketches,and other technical aspectsof the issues.

14. The Consultant will ensure safety of works and safety of public during the
construction stage. The Consultant will require the contractor(s) to take all necessary
measuresfor ensuring safety during construction. NHA, as the principal employer, will
however continue to have the overall responsibility, as per the applicable law.

15. The Consultant will perform the functions and duties of the "Engineer" as stipulated
in the Civil Works Contracts and this Terms of Reference.In the performance of duties of
the Engineer, the Consultant will ensure that the implementation of the works is in the
requiredquality and quantity, and accordingto the works contract.

16. The estimatedtimescalefor the designand constructionstagesis as follows:

r Completionof detaileddesign 6 months


o Selection and appointmentof civil works Contractors 3 months
o Constructionphase 42 months

2.1.1 Main Requirements

ZrP
Section 5 Terms of Reference 62

t7. The scopeof servicesby the Consultanthave beenbroadly groupedas follows:

o Undertakenthe detailed design,


o Assisting the PEA in preparationand evaluation of bidding documents,
o Manogementof Contractsand Supervision of Construction,
o Preparationreports (progress,project completion reports,etc.)
o Other consulting services

)', PROCUREMENT SUPPORT

18. The Procurement financed from the EDCF loan will be done in accordancewith
Bank's Guidelines for Procurement. Civil works contracts/Suppliers shall be procured
through Competitive Bidding (CB) among qualified Korean bidders having good reputation,
reliable creditworthiness, and competent project performance capability as the Bank's
ProcurementGuidelines(Revisedin March 2005).
19. The Consultant will assist NHA in preparing the tender documents for all civil
works.

20. The Consultantswill ensurethat goodsand servicesusedfor the Project are suitable
and have reasonablecosts.The designsand specificationsadoptedon the Project should not
limit the requirementsregarding competitive bidding. It is also essentialthat the Consultant
shall be demonstrablyimpartial in the performanceof his duties

2I. The Consultantwill assistNHA in carrying out the following procurementtasks:

(D The Consultant shall undertake all necessary works regarding


preparationfor announcement,receiving and evaluation of contractor's
proposals.
(ii) Preparebid documentsfor procurement as per the Bank's Procurement
Guidelines, including seeking approval of Bank for the draft bidding
documentsand making changesas required.
(iiD Respondingto bidders'queries;
(iv) Checkconformity of bids to eligibility criteriain the bidding documents,
clarify any issues with the bidders, and bid evaluation in accordance
with bid evaluation criteria, and bidding documents;
(v) Prepare a bid evaluation report in a confidential manner. The report
shall contain a concise set of basis and justification for the ranking of
bids. The Consultant shall also prepare presentation materials to a
committee or a working group which may be set up by the
GovernmentAlHA for decidins the tenders:and
(vi) Assist NHA in contract award procedures, preparation of contract
agreementsfor signing of contracts, and submission of the signed
contractdocumentsto the Bank for approval.
Section5. Terms of Reference 63

2.3 PREPARATIONOF DETAILED

DESIGN 2.3.1DetailedDesigns

22. The Consultant will prepare the detailed design, including drawings, bidding
documents and other related documents for conformity with the specifications, NHA's
requirements, good engineering practice and supplement these, as necessary, with due
regard to safety, economy, energy conservation and environmental aspects, and the
implementation schedule.The Consultant shall process for approval of NHA, all detailed
designs, calculations,and drawings. Such approval will be sought on the basis of the
submissionsto be agreedbetweenNHA and the Bank.

The detaileddesignwill provide but will not be limited to:


(1) DetailedEngineeringDesign

(a) TopographicSurvey,
(b) Horizontal and Vertical Alignment,
(c) Typical crosssectionand superelevation,
(d) Earthworks - cut and fill,
(e) Drainage- pipes culvertsand sideditches,
(f) Bridge design - foundation borings, structural calculation of
foundation, abutment,piers, superstructureand railing, and
Constructionmethods,
(g) Tunnel Design - geological and hydrological survey of the
rock mass, turmel support, secondary lining, tunnel portals
including slope cut, slop protection, surface drainage, water
proofing, design of drainage behind the secondary lining, vertical
shaft, electrical ,mechanicalsystemand operation mannul
(h) Pavementdesign- surface,wearingcourse,basecourse,sub
baseand shoulder.
(i) Road/Tunnel safety facilities - traffic signs, markings and
guard rails, ventilation system,emergencyand evacuationfacilities,
illumination system, CCTV camera, firefighting system, refuge
facilities, seismicanalysis,slop protectionmethod, monitoring and
control facilities, toxic gasses analysis, power supply and
distributionfacilities etc
0) Material SourcesSurveyand report,
(k) Laboratory test constructionmaterials.
(l) Hydrological Surveyand report
(m) IEE andlor EIA report
(n) Assist NHA for socialsafeguardissues,if any

(2) Quantity and Cost Estimate

(a) Direct constructioncost and tax, overheadand profits,


(b) Preparationof Bill of Quantity.
Section 5 Terms of Reference

(3) Drawings
(a) Detailed drawings,
(b) GeometricDesign and drainage,
(c) Crosssections,
(d) Bridge/Tunnel construction
(o) Road / Tunnel safety facilities - traffic signs, markings and guard rails,
ventilation system, emergency and evacuation facilities, illumination system,
CCTV camera, firefighting system, refuge facilities, seismic analysis, slop
protection method, monitoring and control facilities, toxic gassesanalysis,
power supply and distribution facilitiesetc.

(4) ConstructionSchedule
(a) Estimation of required constructionperiod,
(b) Preparationof overall constructionschedule.

(5) Tender Reports


(a) Main report for Bidding,
(b) Structural calculation and quantity estimatedetail,
(c) Soil investigationReport,
(d) GeneralProvisions,
(e) SpecialSpecification,
(0 Bill of Quantity,
(g) Tender document.

Environmental Managementand Monitoring Plan (6) Reports


(a) Inception Report
(b) Draft Final Report with Presentation
(c) Final Report

2,3.2 T echnicalSpecificationsand Standards


23. The Consultant will outline the design criteria, technical specifications, standards
and codesof practice for the construction works and materials and equipment as necessary.
The recommendeddesign criteria, specifications,technical standards,NATM standardsand
codes of practice will give due considerationto the relevant design criteria/codesof
practice/specificationsfollowed by Korean and Pakistan'sStandardand Specifrcations,and
those advised by NHA. Where the standardsand specifications are not available in the
Pakistan's Codes of practice/ specifications, international codes of practice and/or
specifications may be adopted with the approval of NHA. The approved criteria and
specificationswill becomepart of tenderdesign.No proprietaryitems will be specified.

24. The Consultant will elaborate the particular specifications for material and
workmanship of all major work items. The specifications shall contain a general overview
of the elements on which the work will be performed, inter alia, including: technical
parameters,main materials, characteristics,performance criteria for the main components,
test and passingrequirements,and acceptancecriteria.

z \t-
Section5. Terms of Reference

25. It shall be ensured that the design and specifications will meet the Project
requirements at reasonable cost and without imposing any limitations with regard to
competitive bidding.

26. The Consultant will lay down in consultation with NHA, appropriateguidelines to
preparedetaileddesignsof all civil works, including engineeringplans for different types of
structures and reports for the Project, and the format and software in which the digital
versionsof the documentationmay be presentedto NHA for approval and record.

27. The originals of all plans, drawings, engineering specifications and similar
materials,and any data and all recordsor documentspertaining to the work shall be treated
as confidential by the Consultant and shall not, without written consent of NHA, be made
available to any person and shall be delivered to NHA upon completion of the work and
shall become the property of NHA. However, the Consultants may retain, for his own
record,copiesof the said plans and documents.

2.3.3Project Implementation Plan

28. For efficient Project management, the Consultant will introduce an effective
Project Implementation Plan for communicating to all participants, including those whose
interestsor roles are beyond the control of the Consultant, the Project's objectives, and the
methods and resourcesto be used in meeting them. It will be structured such that separate
subordinateProject implementation plans prepared for each contract and activity reflect the
requirementsand structure of the overall Project Implementation Plan.

2.4 MANAGEMENT OF CONTRACTS AND SUPERVISION OF


CONSTRUCTION

2.4,1 C ontract Management

29. The Consultant will assistthe NHA in the day to day supervisionof the contracts,
including the following, but will not be limited to:

administer contracts under Conditions of Contract, including monitoring


contractor's progress, release of payments, management of performance
securities,retum of bid bonds,advancepayments,commissioningproposals
and warranties;managecontractualqueries; and others;
o adviseofany neededchangesto plans or specifications,
o assist NHA in reviewing and examining claims arising from contractor's
relation to time extensionsfor completion, additional payments, and other
mattersthat may arise from time to time during contract implementation,
upon completion of procurement,inspection of the works/goods and certify
completenessor otherwise;
scrutinize and approve all designsand drawings of structures,and to enable
the work proposals submitted by the contractors, in respect of their
adequacyto conform to the design standardsapprovedby NHA;
The Consultant will certify the quantity of work done, its quality and the
paymentsto be made to various agenciesengagedin the implementation of
the Proiect.
Section 5 Terms of Reference 66

The Consultantwill co-ordinate,review and monitor the activities of all


contractors, suppliers and manufacturers and undertake construction
supervision.
The Consultantwill assistNHA in ensuringtests,trials and commissioning
of the system.

2,4,2 Construction Supervision

30. The Consultant shall be responsiblefor supervisingthe construction of the Project, and
its implementation to the desired quality, time schedule and construction cost. The
Consultant will develop a suitable system ensuring the quality and time schedule for the
work and reporting the same to NHA. The duties and responsibilities of the Consultant
during the supervision servicesshall include the following, but will not be limited to:

The Consultant work shall ensure qualitative supervision of the Contractors' work,
ensuring that the contractor performs and completes his work in accordancewith
the contract, at the specified time, and at the contractedcosts.
Review and approve all technical, quality assuranceproposalsand supervising the
tests, financial and scheduling as well as administrative submissions by the
contractor,
Periodical supervision of the site works, checking compliance of construction and
installation works, ensurethat methods and technology comply with the approved
design, technical standards; checking and approval of the Contractor's work
progresson site;
Monitoring of all activities,recordingof results,follow up of remedialworks, and
organizeperiodical meetingswith the Contractor and other parties involved;
Checking of equipmentand machinery on site for compliancewith technical and
safety requirementsand standards;
o Checking that the Health and Safety requirementsare respectedon the works site;
a Claim proceduresand preparationof payment claims and reports
a Preparationof testing and commissioning standardsand procedures,acceptance
criteria and snaglists.
Schedulecontrol, approvaland implementation of remedial measuresfor making up
delays;
a Participating in testing, commissioning and hand over of sites;
o Quantity survey against the Contractors' submissionsand invoices; checking and
approval of paymentcertificates,invoice and site measurementsfor invoicing;
The Consultant shall exercise all reasonable skill, care and diligences in the
execution of his duties; the Consultant shall also be responsible for the accuracy
and completeness of his works during commissioningperiods;
The Consultantshall function in close co-ordination with NHA in the performance
ofall services;
The Consultant will advise NHA for engagement of all contractors, suppliers,
manufacturers,and then be responsible for coordinating the activities of all such
agencies;
The Consultantshall recordall aspectsof the work underthe Project;NHA may
inspect theserecordsfrom time to time during courseof the contract;
NHA will exerciseall the technical and financial powers for the matters which lie

ZJP
Section5. Terms of Reference 67

in Consultant'sscope of services;any changesto the Project which will affect time


and cost of the construction shall be put to NHA;
The Consultant will prepare the bill of quantities for each work element and pay
item based on the design drawings, specifications,and site investigations.The
quantitieswill be calculated from the final design drawings;
The Consultantwill review the Project cost estimatesand update these by applying
unit rates to all items of the bill of quantities based on the actual quantities.
Applicable unit rates shall be basedon detailedprice analysis;
The Consultant will ensure financial control on all elements of the Project in order
to ensure completion of all works within the Project budget; any significant
variations in costs that may have the possibility of cost overruns or savings should
be brought to the attention of NHA in a timely manner;
The Consultantwill assistwith the following tasks: (a) liaison with Bank and other
relevant agencies, (b) preparing withdrawal applications under EDCF loans and
other required documentation, (c) preparing Project accounts and financial
statementsin accordancewith the Loan and Project Agreements, and (d) preparing
periodic progress and monitoring reports as required under the Loan and Project
Agreementsand this TOR.
Provisional Sum of US$ 190,000 is kept for soil investigation and another
ProvisionalSum of US$ 95.000for miscellaneoustestins.

2.4.3SiteVisits

3 1 . The Consultant shall visit construction sites and monitor the contractor's activities
for quality assurance,for conformity to contract specifications and time frame.
Although the responsibility for correctness,completeness and adequacy of the
works constructedby the contractors and for compliance with statutory obligations
remain with the contractors, The Consultant will ensurethat any deficiency in the
performanceof the contractor is rectified in a timely manner. The Consultant shall
inform NHA of their findings and recommendationsresulting from the site visits.
a^
)2. The Consultantshall monitor contractor'sactivities to minimize adverseeffects on
public safety,traffic, residential and commercial activity, and the environment.

2.5 OTHERS

2.5.LPreparation of MaintenanceManuals

33. The Consultant will prepare draft instruction manuals for good practices for
maintenanceof roads for the guidance of the NHA. The Manuals to be developed
shall include, but not limited to (i) Road Construction & Maintenance Manual, (ii)
Tunnel Construction & Maintenance Manual and (iii) Safety Manual. The draft
manualsshall be submitted to NHA for approval.

/\b
Section 5 Terms of Reference 68

SECTION 3: EXPERTISEREQUIRED

3.1REQUIREMENT OF EXPERTS

34. It is estimatedthat approximately 244 person-monthsof international consultantsand 488


person-monthsof national consultantswill be neededto complete the Project (Detailed
Design, Bid Support and Construction Supervision). It is expected that the team of
Korean consultantswill be assistedby national consultantsto carry out the tasks in this
TOR. The person-monthrequirementsfor consulting servicesare indicative. However,
the consultants are advised to submit their proposal strictly in accordance with the
tentative requirementof experts given below. The consultantcan submit their proposed
staff requirement in the comments on TOR which can be addressed during contract
negotiation.

35. The Consultants will have expertise in project management, international procurement,
and contract administration, and other areasrelevant to the implementation of the Project.
The tentativerequirementsof expertsare listed in Table below.

International National
Expert
(Person-months) (Person-months)

I. Detailed Design
Team Leader/PM 12
Road Design Engineer 8 r6
Engineer
Bridge/Structure 8 t6
TunnelEnsineer 9 l8

SoiVMaterial Ensineer 8 l6

Hydrologist 6 t2
Architect 4 4

Electrical Engineer
a
J 5
Mechanical Engineer J 5
Environmental Specialist J 5
ProcurementSpecialist J o

Specialist
SocialDevelopmenVResettlement J 5

Cost/Quantity Estimator J 6
Road SafetySpecialist 5 5
Tender document specialist 2
Geologist 7 7
GeotechnicalEngineer 7 7
Chief Surveyor 7 7
CAD Operator1 t0

zr(P
Section5. Terms of Refbrence 69

International National
Expert
(Person-months) (Person-months)
CAD Onerator2 t2
CAD Operator 3 t2
Administration t2
Secretary t2
Subtotal 100 200
II. Construction Supervision

Team Leader/PlWResidentEngineer 48
Bridge/Structure
Engineer 12
Tunnel Engineer I 42 36
TunnelEnsineer2 36
SoiVMaterial Engineer l8 30
Elechical Engineer J

Mechanical Ensineer J

Architect J

Environmenl.al
Specialist
SocialDevelopment/Resettlement
Specialist 3
A''
lnspector 1
Inspector2 l5
Lab. Engineer 1 36
Quantity Surveyor I 30
ChiefSurveyor 1 36
Geo TechnicalEnsineer 1 36
Subtotal 144 288
Total 244 488

36. The consultants will be required to make their own arrangementsunder the
Consultant's Contract for any translation and interpretation service that may be
required.
a-
JI. The Consultant shall provide for continued staffrng for the entire period of
implementation of the Project, including the requirements for monitoring as
agreed to between the Government and Korea Ex-Im Bank under the Loan.
Depending on the progress of the Project, NHA may require the Consultant to
adjustand regulateincreaseor decreaseoftheir personnel.

38. The specificroles and requirementsof expertsare as follows:


Section 5 Terms of Reference 70

[. Rolesof Experts

1. KoreanConsultant
a. Detailed Design

- Team Leader
Team Leader will undertake overall responsibility for the preparation of detailed
designand bid documentsand will also coordinatethe DetailedDesign Team.

- Road DesignEngineer
Road Design Engineers will undertake duties for the preparation of horizontal and
vertical alignment, typical cross section and super elevation, earthworks-cut and fill
pavementdesign, road and tunnel safety facilities, construction schedules,etc.

- Bridge/StructuralEngineer
Bridge/Structural Engineer will be responsible for preparation of drainage and
bridge design.

- Tunnel Engineer
Tunnel Engineer will be responsiblefor tunnel design including Cross section,
Construction Drawing, quantity estimation, technical report for tunnel works
structural analysis,tunnel safety facilities and evaluation of construction method.

- Soil/MaterialEngineer
Soil/Material Engineer will be responsiblefor laboratory tests for construction
materials,soil investigation,etc.

- Hydrologist
Hydrologist will work closely with the Team Leader, international and the national
structuralengineers,and the road designengineerduring the detaileddesignstageto
review documentation,measureand advise on the adequacyof the existing drainage
structures with respect to their position, alignment and capacity to ensure any
deficienciesare detectedand rectificationsare includedin the detaileddesisn.

- Architect
Architect will be responsiblefor preparationof a relevantfacilities of tunnel design.
(Ventilation system,electrical main power substationbuilding, sub-station,tunnel
operationand control building, etc.)

- ElectricEngineer
Electric Engineer be responsiblefor design of tunnel lightning and other
electricaldetails
- Mechanical Engineer
MechanicalEngineerwill be responsiblefor tunnel mechanicalsystems.

EnvironmentalSpecialist
Environmental Specialist will assist the team leader preparation of the
environmentalmanagementplan for the bidding document

- ProcurementSpecialist
ProcurementSpecialist will assist NHA in the evaluation of construction bids,
preparationof bid evaluation repoft, addressingqueries of prospective bidders
during pre-bid meeting and in contract preparation.
Section5. Termsof Reference 71

- Social Development/ ResettlementSpecialist


Social Development/ ResettlementSpecialistwill assist the govemment officials
relevant to resettlementissuesand coordinatethe executing agency with the relevant
officials.

- Cost/QuantityEstimator
Cost/Quantity Estimator will assist the team leader in preparation of the bill of
quantities(BOQ) for the estimationof constructioncost. He will also be responsible
for assessingprice adjustment.

- Road SafetySpecialist
Road Safety Specialist will be responsible for design of road and tunnel safety
facilities.

- TenderDocumentSpecialist
Tender Document Specialist will undertake duties for the preparation of bidding
documentsand/or addressingfuture queriesrelated to bidding documents.

- Geologist
Geologist will be responsiblefor undertaking geological study of the site and
submittinggeologicalreports.The Geologistwill also indicate any fault lines / earth
quakezonesand will presentthe geologicalmappingof the area.

- GeotechnicalEngineer
GeotechnicalEngineerwill be responsiblefor designingthe geotechnicalstructures
/ features of the project and shall submit the geotechnical report accordingly. He
will also be responsiblefor designingappropriatetunneling strategies.

- Chief Surveyor
Chief Surveyor shall be responsiblefor undertakingsite survey requiredfor design
ofthe project.

b, Constr uction Supervisi on

- Team LeaderI PM I ResidentEngineer


Team leader/PIWRE will undertake the duties of Engineers Authorized
Representative and administrator for the construction superuision consultancy
services contract, with the authority to liaise with the Employer and make binding
decisions on behalf of the Consultant on all matters pertaining to the consultancy
services.Team Leader will also coordinatethe supervision term, to ensure that
project philosophyand technicalpoliciesare corectly and consistencyimplemented
in the Project.

The Team Leader will have thorough understandingof the technical design
philosophies and contractual anangementsused for the Project which have been
establishedin the detailedengineeringdesign,historical preservation,traffrc safety
measures, environment mitigation tneasures, public environment policy,
technology transfer and human resourcecapacity building and Project Monitoring
and Evaluation, Team Leader /PI\4/REwill be the in-charge of site supervision
duties. Team Leader /PM/RE will be expected to be well experienced in
construction operations and will have particular responsibility for guiding and
instructing the assistant Highway Engineers and the Inspectors of Works in site
supervisionprocedures.
Section 5 Terms of Reference 72

- Tunnel Engineer
The Tunnel Engineer will require to assessand approve the Contractor tunnel
designs,also responsiblefor advice and instruction for all site supervisionworks
and to assist in site supervision duties and technical review of contractor's
construction means and methods,monitoring tunnel construction progress.

- Soil / Material Engineer


The Soil / Material Engineer will report to the Resident Engineer and will take
charge of the site materials laboratory and will be responsiblefor matters relating to
the materials quality control, identification, testing, selection and approval.

- GeotechnicalEngineer

The GeotechnicalEngineershall be responsiblefor assessingand implementingthe


support mechanismof the tunnel during the progressionof tunnel driving. He will
also be responsiblefor any other geotechnicalfeaturesofthe project.

2. National Consultant

Detailed Design

Road Design Engineer(2-positions)


The Highway Engineerwill assistthe Korean Road Design Engineersin preparation
of detaileddesignsconcerned.

Bridge/StructuralEngineer(2-positions)
The Bridge/Structural Engineer will assist the Korean Bridge/Structural Engineers
in preparationofdetailed designsconcerned.

Tunnel Engineer(2-positions)
The Tunnel Engineer will assist the Korean Tunnel Engineers in preparation of
detaileddesignsconcerned.

Soil/Material Engineer(2-positions)
The Soil/Material Engineer will assist the Korean Soil/Material Engineer in
preparationof detaileddesignsconcetned.

Hydrologist (2-positions)
The Hydrologist will assist the Korean Hydrologist in preparation of detailed
designsconcerned.

Architect
The Architect will assist the Korean Architect in preparation of detailed designs
concerned.

Electrical Engineer
The Electrical Engineer will assistthe Korean Electrical Engineer in preparation of
detaileddesignsconcemed,

MechanicalEngineer
The MechanicalEngineerwill assistthe Korean MechanicalEngineerin preparation
of detaileddesisnsconcemed.

eAI'
Section 5. Terms of Reference

EnvironmentalSpecialist
The Environmental Specialist will assist the Korean Environmental
preparationof detailed designsconcerned.

Social Development/ ResettlementSpecialist


The Social Development/ ResettlementSpecialistwill assist the Korean Social
Development/ ResettlementSpecialistin preparationof detaileddesignsconcerned.

Cost/Quantity Estimator
The Cost/Quantity Estimator will assist the Korean Cost/Quantity Estimator
preparationof detaileddesignsconcemed.

Road SafetySpecialist
The Road Safety Specialist will assist the Korean Road Safety
preparationof detaileddesignsconcerned.

ProcurementSpecialist
Procurement Specialist will assist the Korean Procurement Specialist in the
evaluation of construction bids, preparation of bid evaluation repoft, addressing
queries of prospectivebidders during pre-bid meeting and in contract preparation.

TenderDocumentSpecialist
Tender DocumentSpecialistwill assistthe Korean TenderDocument Specialistfor
the preparation of bidding documents and/or addressingfuture queries related to
bidding documents.

Geologist
Geologist will assistthe Korean Geologist for undertakinggeological study of the
site and submittinggeologicalrepofts.

GeotechnicalEngineer
GeotechnicalEngineerwill assistthe Korean GeotechnicalEngineer for designing
the geotechnicalstructures/ features ofthe project and shall submit the geotechnical
report accordingly.

- ChiefSurveyor
Chief Surveyorwill assistthe KoreanChief Surveyorfor undertakingsite survey
requiredfor designofthe project.

b. ConstructionSupervision
- Bridge/Structural
Engineer
The Bridge/StructuralEngineerwill requireto assessandapprovestructuraldesigns
to the Contractor,alsoresponsiblefor adviceand instructionfor all site supervision
works andto assistin site supervisionduties. To be responsible for guidingand
instructingtheInspectorsin site supervisionprocedures.
- TunnelEngineer(2-positions)
The TunnelEngineerwill assistthe KoreanTunnelEngineersin undertakingsite
supervision
duties.
Section 5 Terms of Reference 74

- Soil/MaterialEngineer
The Soil/Mateial Engineer will assist the Korean Soil/Material Engineer for the
implementationof all materials quality control.

- Electric Engineer
Electric Engineer will be responsiblefor supervisionof tunnel lightning and other
electricaldetails

- MechanicalEngineer
Mechanical Engineer will be responsiblefor supervision of tunnel mechanical
systems.

- Architect
The Architect will review architectural and engineering drawings to make sure that
all specification and regulations are being followed, and undertake supervision
duties on site to ensure general compliance of architectural works with shop
drawing, specification and contract requirement.

- EnvironmentalSpecialist
The Environmental Specialist will carry out environment management and
monitoring of the projects, environmentalassessmentand / or implementationof
environmental mitisation measureson site.

SocialDevelopment/ ResettlementSpecialist
Social Development/ ResettlementSpecialistwill assist the governmentofficials
relevantto resettlementissuesand coordinatethe executing agency with the relevant
officials.

Quantity Surveyor
The Quantity Surveyor shall review and certif, on behalf of the consultant the
payment certificates of the contractor.

Inspectors(2-positions)
Inspectorof works will support the residentengineers'office in ensuring quality
constructionand to determine measurement.

Lab Engineer
The Lab Engineer will be responsible for material tests to ensure quality as per
specificationsand will supporl Soil / Material Engineerin this regard.

Chief Surveyor
Chief Surveyor shall be responsible for undertaking site survey required for
supervisionof the project.

&
^P
Section 5. Terms of Reference 75

II. Requirements Experts (Korean Consultant and National Staff, for both detailed
designand constructionsupervisionstages).

Sr
Position Experience* in similar position and in specifiedfield
No

A. Detail Design & Procurement Support (International Staff)

Minimum 15 yearsof relevantexperienceand 5 yearsof experience


Team Leader/ in position as Project Manager I Team Leader of basic and/or
detailed design consulting service in road project with the minimum
Project Manager total length of tunnel more than 1.0 km. Minimum 2 design
consulting serviceexperiencescompleted tunnel project.

Minimum 10 yearsof relevantexperienceand 8 yearsof experience


Road Design in position as Road Design Engineerof basic and/ordetaileddesign
2
Engineer consulting service in road project. Minimum 2 design consulting
serviceexperiencescompletedroad project.

Minimum 10 years of relevant experienceand 8 years of experience


a Bridge / Structure in position as Bridge Design Engineer of basic andlor detailed
Engineer design consulting seruice in road project. Minimum 2 design
consultingserviceexperiencescompletedbridge project.

Minimum l0 yearsof relevantexperienceand 8 yearsof experience


in position as Tunnel Engineer of basic andlor detailed design
TunnelEnsineer consulting service in road project with the minimum total length of
tunnel more than 1.0 km. Minimum 2 design consulting service
experiencescompletedtunnel project.

Minimum 10 yearsof relevantexperienceand 5 yearsof experience


in position as Hydrologist of basic and/or detailed design
5 Hydrologist
consulting service in road project. Minimum 2 design consulting
service experiencescompleted road/road tunnel project.

Minimum 10 years of relevant experienceand 5 years of experience


Soil / Material in position as Soil / Material Engineer of basic and/or detailed
6
Engineer design consulting service in road project. Minimum 2 design
consulting serviceexperiencescompleted road/roadtunnel project.

Minimum 10 yearsof relevantexperienceand 5 yearsof experience


in position as Architect of basic and/or detailed design consulting
7 Architect
service. Minimum 2 design consulting service experiences
completed infrastructureproject.

Minimum 10 yearsof relevantexperienceand 5 yearsof experience


Electrical in position as Electrical Engineer of basic and/or detailed design
8
Engineer consulting seryice in road and tunnel project. Minimum 2 design
consulting serviceexperiencescompleted infrastructureproj ect.

.+
Section5 Terms of Reference

Sr
Position Experience* in similar position and in specified field
No

Minimum l0 years of relevant experienceand 5 years of experience


Mechanical in position as Mechanical Engineer of basic and/or detailed design
9
Engineer consulting service in road and tunnel project. Minimum 2 design
consulting service experiencescompleted infrastructureproject.

Minimum 10 years of relevant experienceand 5 years of experience


in position as Environmental Specialist of basic andlor detailed
Environmental
l0 design consulting service in road and tunnel project. Minimum 2
Specialist
design consulting service experiences completed road/tunnel
project.

Minimum l0 yearsof relevantexperience and5 yearsof experience


in position as ProcurementSpecialistin infrastructure
civil works
Procurement
11 procurementapplyingEDCF's or otherODA donors'procurement
Specialist
Guidelines.Minimum 2 design consultingservice experiences
completedinfrastructureproject.

Minimum 10 years of relevant experienceand 5 years of experience


Social
in position as Social Development/ ResettlementSpecialistof basic
Development I
t2 and/or detailed design consulting service in road / tunnel project.
Resettlement
Minimum 2 design eonsulting service experiences completed
Specialist
road/tunnelproject.

Minimum 10 yearsof relevantexperienceand 5 yearsof experience


in position as Cost / Quantity Estimator of basic and/or detailed
Cost / Quantity
1a
IJ design consulting service in road project with the minimum total
Estimator
length of tunnel more than 1.0 km. Minimum 2 design consulting
service experiencescompleted infrastructureproj ect,

Minimum 10 years of relevant experienceand 5 years of experience


Road Safety in position as Road Safety Specialistof basicand/or detaileddesign
T4
Specialist consulting service in road/tunnel project. Minimum 2 design
consulting service experiencescompletedroadltunnel project.

Minimum 10 years of relevant experienceand 5 years of experience


in position as Tender Document / Procurement Specialist by
Tender Document
l5 applying EDCF's or other ODA donors' procurementGuidelinesin
Specialist
infrastructure project. Minimum 2 design consulting service
experiencescompleted infrastructureproj ects.

Minimum l0 years of relevant experienceand 5 years of experience


in position as Geologist of basic and/or detaileddesign consulting
t6 Geologist service in road project with the minimum total length of tunnel
more than 1.0 km. Minimum 2 design consulting service
experiencescompletedtunnel project.
Section5. Terms of Reference 77

Sr
Position Experience* in similar position and in specified field
No

Minimum 10 yearsof relevantexperienceand 5 yearsof experience


in position as GeotechnicalEngineerof basic and/or detaileddesign
Geotechnical
t7 consulting servicein road project with the minimum total length of
Engineer
tunnel more than 1.0 km. Minimum 2 design consulting service
experiencescompletedtunnel project.

Minimum 10 yearsof relevantexperienceand 3 yearsof experience


in position as Chief Surveyor of basic and/or detailed design
t8 Chief Surveyor consulting service in road project with the minimum total length of
tunnel more than 1.0 km. Minimum 2 design consulting service
experiencescompletedtunnel project.

B. Construction Supervision (International Stafl)

Minimum l5 years of relevant experienceand 5 years of experience


in position as Team Leader / PM / Resident Engineer of
Team Leader/ PM
constructionsupervisionconsultingsen'ricein road project with the
1 / Resident
minimum total length of tunnel more than 500 m and of project
Engineer
more than 5km. Minimum 2 construction supervision consulting
serviceexperiencescompletedtunnel project.

Minimum 10yearsof relevantexperienceand 5 yearsof experience


in position as Tunnel Engineer of construction supervision
2 TunnelEnsineer consultingservicein roadprojectwith the minimumtotal lengthof
tunnel more than 500 m. Minimum 2 constructionsupervision
consultingserviceexperiencescompleted tunnelproject.

Minimum 10 years of relevant experienceand 5 years of experience


in position as Soil I Material Engineer of construction supervision
a Soil / Material consulting servicein road project with the minimum total length of
J
Engineer tunnel more than 500 m and of project more than 5 km. Minimum 2
constructionsupervisionconsultingservice experiencescompleted
road / road tunnel project.

Minimum 10 yearsof relevantexperienceand 5 yearsof experience


in position as Geo-TechnicalEngineerof constructionsupervision
Geo-Technical
4 consultingservicein road project with the minimum total length of
Engineer
tunnel more than 500 m. Minimum 2 construction supervision
consultingserviceexperiencescompletedtunnel project.

C. Detail Design & Procurement Support (National Stafl)

RoadDesign Minimum 10 years of relevant experienceand 8 years of experience


in position as Road DesignEngineerof basic and/ordetaileddesign
Engineer
consultingservicein road project.
Section5 Terms of Reference 78

Sr
Position Experience* in similar position and in specified field
No

Minimum 10 yearsof relevantexperienceand 8 yearsof experience


Bridge / Structure
2 in position as Bridge / Structure Engineer of basic and/or detailed
Engineer
designconsultingservicein road project.

Minimum 10 years of relevant experienceand 3 years of experience


a Soil / Material
J in position of Soil/Material Engineer of basic and/ordetailed design
Engineer
consultingserrricein road project.

Minimum 10 years of relevant experienceand 5 years of experience


in position as Tunnel Engineer of basic and/or detailed design
4 Tunnel Ensineer
consulting service in infrastructure project. Minimum 2 design
consultingserrice experiencesin tunnel project.

Minimum 10 years of relevant experienceand 5 years of experience


5 Hydrologist in position as Hydrologist of basic and/or detailed design
consultingservicein road project.

Minimum l0 years of relevant experienceand 5 years of experience


Electrical
6 in position as Electrical Engineer of basic and/or detailed design
Engineer
consulting service in infrastructure project.

Minimum 10 yearsof relevantexperienceand 5 yearsof experience


Mechanical
7 in position as Mechanical Engineer of basic andlor detailed design
Engineer
consulting service in infrastructure project.

Minimum 10 yearsof relevantexperienceand 5 yearsof experience


in position as Architect of basic and/or detaileddesign consulting
8 Architect
service. Minimum 2 design consulting selice experiences
completed infrastructureproj ect.

Minimum l0 yearsof relevantexperienceand 5 yearsof experience


in position as Environmental Specialist of basic and/or detailed
Environmental
9 design consulting service in road / tunnel project. Minimum 2
Specialist
design consulting service experiences completed road/tunnel
project.

Minimum 10 years of relevant experienceand 5 years of experience


in position as Procurement Specialist in infrastructure civil works
Procurement
l0 procurementapplying EDCF's or other ODA donors' procurement
Specialist
Guidelines. Minimum 2 design consulting service experiences
completedinfrastructureproj ect.

Minimum l0 yearsof relevantexperienceand 5 yearsof experience


Social
in positionas SocialDevelopment/ ResettlementSpecialistof basic
Development I
ll and/or detailed design consulting service in road / tunnel project.
Resettlement
Minimum 2 design consulting service experiences completed
Specialist
road/tunnelproject.

,t+-
Section5. Terms of Reference 79

Sr
Position Experience* in similar position and in specified field
No

Minimum 10 yearsof relevantexperienceand 5 years of experience


Cost / Quantity in position as Cost / Quantity Estimator of basic and/or detailed
T2
Estimator design consulting service in road project. Minimum 2 design
consultingserviceexperiencescompletedroad project.

Minimum l0 years of relevant experienceand 5 years of experience


Road Safety in position as Road SafetySpecialistof basicand/or detaileddesign
l3
Specialist consulting service in road/tunnel project. Minimum 2 design
consultingserviceexperiencescompletedroad/tunnelproject.

Minimum 10yearsof relevantexperience and5 yearsof experience


in position as Tender Document/ ProcurementSpecialist by
Tender Document
t4 applyingEDCF'sor otherODA donors'procurement Guidelinesin
Specialist
infrastructure project. Minimum 2 design consulting service
experiences projects.
completedinfrastructure

Minimum 10 years of rclevant experienceand 5 years of experience


in position as Geologist of basic and/or detailed design consulting
15 Geologist
service in tunnel project. Minimum 2 design consulting service
experiencescompletedtunnel project.

Minimum 10 yearsof relevantexperienceand 5 yearsof experience


Geotechnical in position as GeotechnicalEngineerof basic andlordetaileddesign
t6
Engineer consulting service in tunnel project. Minimum 2 design consulting
serviceexperiencescompletedtunnel project.

Minimum l0 yearsof relevantexperienceand 3 yearsof experience


in position as Chief Surveyor of basic andlor detailed design
I7 ChiefSurveyor
consulting service in road / tunnel project. Minimum 2 design
consulting service experiencescompletedroad/tunnel project.

D Construction Supervision (National Staff)

Minimuml0 yearsof relevantexperienceand5 yearsof experience


Bridge/Structure
1 in position as Bridge / StructureEngineer of Construction
Engineer
Supervisionin road/ bridgeprojects.

Minimum 10 years of relevantexperienceof design / construction


Tunnel Engineer
2 supervision consulting service in road structures / geotechnical
r,2 projects/ bridge / tunnel projects.

Minimum l0 yearsof relevantexperienceand 3 years of experience


Soil / Material
3 in position as Soil / Material Engineerof constructionsupervision
Engineer
consulting service in road/bridge/tunnelproj ects.

Minimum l0 yearsof relevantexperienceand 5 yearsof experience


in position as Architect of construction supervision consulting
4 Architect
service. Minimum 2 supervision consulting service experiences
completed infrastructure project.
c!+'
Section 5 Terms of Reference 80

Sr
Position Experience* in similar position and in specified field
No

Minimum 10yearsof relevantexperienceand5 yearsof experience


Electrical in position as ElectricalEngineer of constructionsupervision
5
Engineer consultingservicein road/ tunnelproject.Minimum 2 construction
supervisionroad/ tunnelcompletedconsultingserviceexperiences.

Minimum 10 yearsof relevantexperienceand 5 yearsof experience


Mechanical in position as Mechanical Engineer of construction supervision
6
Engineer consultingselice in road / tunnel project. Minimum 2 construction
supervisionroad / tunnel completedconsultingserviceexperiences.

Minimum 10 yearsof relevantexperienceand 5 yearsof experience


Environmental in position as Environmental Specialist of construction supervision
7
Specialist consultingservicein road / tunnel project. Minimum 2 construction
supervisionroad / tunnel completedconsultingserviceexperiences.

Minimum 10 years of relevant experience and 5 years of experience


Social
in position as Social Development / ResettlementSpecialist of
Development I
8 constructionsupervisionconsulting servicein road / tunnel project.
Resettlement
Minimum 2 construction supervision road / tunnel completed
Specialist
consultingserviceexperiences.

Minimum l0 yearsof relevantexperience and5 yearsof experience


in position as Quantity Surveyor of constructionsupervision
9 QuantitySurveyor consultingservicein road/ tunnelproject.Minimum2 construction
supervisionroad/ tunnelcompleted consultingserviceexperiences.

Minimum l0 yearsof relevantexperienceand 3 yearsof experience


in position as Chief Surveyor of construction supervision
10 ChiefSurveyor
consultingservicein road / tunnel project. Minimum 2 construction
supervisionroad/ tunnel completedconsultingserviceexperiences.

Minimum 5 years of relevant experience of construction


11 Inspector1,2
supervisionconsultingservicein road / tunnel project.

Minimum 5 years of relevant experience of construction


12 Lab Engineer
supervisionconsultingservicein road / tunnel project.
* Relevantprojects done in the last I5 yearsfrom the submissiondate ofproposal
Note: The experts who do not meet the minimum qualification will score 0 for under
criterion " suitability for the services".

3.2 SCHEDULE OF CONSULTING SERVICES

39. The Consultant shall commence the serviceson the "Starting Date" to be stipulated in
the Notice to Proceed.The Services shall be completed within the tentative time frame for
the Project, as indicated in the Project implementation schedule, which is given in the
Appendix I (page 1). NHA may revise the implementationschedulefrom time to time
basedon the progress of the Project, and the additional requirement that may arise during
implementation.

zJ-P
Section5. Terms of Reference 81

SECTION 4: REPORTING REQUIREMENTS


4.I GENERAL
40. The Consultant will make satisfactory arrangementsfor reporting the progress of
Project implementation by submitting progress reports, in form and content
acceptableto NHA and Bank, as describedin the paragraphsbelow. The Consultant
will monitor Project implementation in accordance with the implementation
schedule,and will keep NHA and Bank informed of any significant deviations from
the schedule. All reports shall be prepared in English language and in A4 paper
format. Digital versionsof all reports will be provided to NHA and Bank.

4.2 SPECIFIC AND PERIODIC REPORTS

4 .2.1Inception Report

41. Within I month from signing the Contract for consulting services,the Consultant
shall submit an Inception Report (3 copies to NHA, and 1 copy to Bank),
containing his understanding the Project, setting up the Consultant's team
organization for the management and supervision of the Works Contract, and
specifyingdutiesand responsibilitiesof experts.T InceptionReport shall contain:

o Project Outline
o Content of the Consultantsservicesover the project duration
o Staffing and organization,responsibilities,and Mobilization plans
o Description of work approach,work distribution, intendedwork organization,
procedures,and circulation
o Lines of reporting and authority
o Overall project schedule,schedulesof work and deliverables,
o Lists of drawingsand deliverableswith schedules
o Graph of approvaltree
o Outline of project management

4,2,2 Monthly ProgressReport


42. A Monthly ProgressReport (3 copies) shall be submittedby the Consultantsto
tn
NHA. This report shall be submitted by the 7 day of each calendar month and shall
account for shall account for all work performed up to the end of the previous month. The
reporl shall be submitted in a format approved by NHA and shall contain sections for, but
not be limited to, the topicslisted below.
o Progress: (i) Status of work performed during the previous month, significant
accomplishments, including critical items and problem areas, corrective actions
taken or planned, and other problems and resolutions shall be described; (ii)
Progressof the various pars of the contractual works in percentageterms compared
with percentageplanned from the Works Program; (iii) quality control and quality
assuranceaspects;and (iv) Staffing scheduleof the Consultants,mobilization status.
o Program Update: (i) The Monthly Program Update: actual activity completion dates
and percentageof activities completed up to the end of the month of the report shall
be indicated. The report shall also indicate estimated of remaining duration and
expected activity completion based on current progress. The Monthly Program
Update shall be accompaniedby an Activity Report and a Narrative Statement;and
Section5 Terms of Reference 82

(ii) The Program Status: cumulative progressof work up to the end of the month and
a forecastof work remainedshall be indicated.
Milestone Status: Status of all milestonesdue which have been achieved during the
month and forecastsof achievementof any missed milestones. and those due in the
next month.
Procurement Report: (i) A summary of all significant procurement activities
performed by the contractors during the month and details of outstanding actions;
(ii) A report of plant and materials which will be incorporated into the works. The
items shall be classified by type as listed in the specifications and the report should
show the statusof shipment activities.
Safety:A review of all safety aspectsduring the month including reports on all
accidentsand actions proposedto prevent fuither occuffence.
Financial: (i) A report of all significant financial matters, reviewing all payments
due and made, and action proposed or taken in respect ta any outstandingmatters;
(ii) a schedule indicating the status of all variations and expenditure forecast; (iii)
and a scheduleof outstanding claims (if any); and (iv) budget and cost control. The
report shall provide interim updatedaccountsof continuing claims.
. Other items to be covered include budget and cost control, resettlementprogress,
estimated time of completion, and problems and issues, public relations, and
potential problems.

4.2.3 Quarterly Progress Report

43. A QuarterlyProgressReport shall be submittedby the Consultantto NHA (4 copies,


including I copy for Bank) before the 10" o.f the calendarmonth following the
quarter. This report shall account for all work and activities (covering all topics identified
for the monthly progress report) actually performed up to the end of the previous quarter,
and the program for the next quarter. The report shall be submitted in a format approvedby
NHA and Bank, and shall include such additional information that may be requestedby
them from time to time.

4.2.4 Pr oject Completion Report

44. Within two month of physical completion of the Project, the Consultant will submit
a Project completion report, which provides a detailed evaluation of the project design,
costs,contractors'and consultants'performance,and other details as may be requestedby
NHA and Bank. The Completion Report will be submitted to NHA (3 copies) and Bank (1
copy.).

4.2.5Final Report

45. A Final Reportto be submittedon completionof servicesthat will summarizeall


consulting activities and their results (3 copiesto NHA, 1 copy to Bank).

4.2.6Submissionof PC-I:

UpdatedPC-I as well as revisedPC-I as and when required(85 copies).

zl.P
Section5. Terms of Reference

SECTION 5: FACILITIES TO BE PROVIDED TO THE CONSULTANT

46. period of the contract


TheNFlAwillprwidetrefollowingassi$rurcetctheCorsulmdringthe
for consultins services:

(1) During the detailed design phase, transportation and


accommodation of the consultant's full time and short-term and
international and domestic staff will be financed under the
consultant's contract.
(ii) During construction phase, furnished field offices, material testing
laboratories, field transportation (vehicles and motorcycles) and
their maintenancewill be financed under the civil works contracts.
(iii) Assist the Consultant'spersonnel to obtain work permits and such
other documents as shall necessary to enable the Consultant
personnel to perform the services.
(iv) Assist foreign personnel and, if appropriate, their eligible
dependantsto provided promptly with all necessaryentry and exit
visas, residencepermit and any other documents required for their
stay in Pakistan.
(v) Issue all such instructions as may be necessaryto officials, agents
and representatives of the Government for appropriate, prompt
and effective implementation of the services.
(vi) Assist the consultant,their personnelemployed for the servicesin
any requirement to register or obtain any permit to practice their
profession or to establish themselves individually or as a
corporate entity according to the applicable law.
(vii) Provide to the consultant and personnel any such other assistance
may specified elsewherein the Contract.
(viii) All requirements for field offices, laboratories, transportation, and
accommodation for the consultant's fulltime and short time
international and domestic staff, and NHA counterparts (al1
furnished and equipped, together with appropriate services,
maintenance, and consumable stores) for Project will be provided
through the civil works contracts (during construction supervision).
Section5 Terms of Reference 84
r{g

i
I
!

Proiects
1. Need for Envirolmental lmpact Assessment(ElA)

Highwayprojectsare generallyundertakento improvethe economicand social


welfareof the people.At the sametime,theymay also createan adverseimpacton
the surroundingenvironment.Peopleand propertyin the direct path of the road
worksare affected.The environmental and socialimpactof highwayprojectsinclude
damage to sensitiveeco-systems,soil erosion,changesto drainagepatternand
thereby groundwater,interferencewith animal and plant life, loss of productive
{a agriculturallands, resettlementof people,disruptionof local economicactivities,
demographicchanges, acceleratedurbanizationand increase in air pollution.
Highway developmentand operationshould,therefore,be plannedwith careful
consideration of the environmentalimpact.To minimizethese adverseeffectsthat
may be createdby highwaydevelopmentprojects,the techniquesof EIA beconre
necessary.ldentificationand assessmentof potentialenvironmental impactshould
be an integralpart of the projeclcycle. lt shouldcommenceearly in the piannrng
processto enable a full considerationof alternatives
and to avoidlaterdelays and
complications.

2. In view of the above,an EIA will be carriedout for the Environmental


aspr:cts
rrf all
siages of the project i.e. p'econstruction, construction and post constructjon with the
followingobjectives.
. Establishing the environmentalbaselinein the studyarea and iderytifying
any
significantenvironmentalissue
. Assessingtheseimpactsand providingfor the requisiteavoidance,nritigatiorr
and compensation measures
. Integratingthe identifiedenvironmental issues in the pro.iectplanningand
design
. Developingappropriatemanagement plansfor inrplementing, monitorirrgand
reporting of the environmentalmitigationand enhancenrentnteasllt'es
suggested

The EIA studiesand repofiingrequirements to be undertakenundertlrisTOR nrust


conformto the guideline.e and regulationsissuedby the PakistanEnvironmerrtal
ProtectionAgency (Pak tPA), Ministryof Environnrent, Govt. of Pakistan(GOP)
ivhichconrprise
mainiyof the Pakistan
Environnrental
Protection
Act 1997,itsimplemerrhng
regulations,
the EIA Guidelinesand Reviewof IEE and EIA Reg;ulations, 2000.Titese
guidelinesincludethe arnendments and subsequerrt rules for the IEE arrd EIA of
projects(:n /t7-o.n rwzzl taf, l,fe6u,'<ttr5 ,& i{a\-at--n- E I tU
'
B a.,n/ c r.+tt L/ t4-/ 4 t/ I%- {o [/r' '1'lz4:I
L, 'A-9
-j

,.,,,_
*
4',O
E Section5. Termsof Reference 85
r1

3.

All projectsand activities


are to be categorized
as per the PakistanEnvironmental
ProtectionAct 1997,its implementing regulations,
the EIA Guidelines
and Reviewof
IEE and EIA Regulations, 2000andotherrelatedrulesand regulations.
The EIA will comprise of three stages: Environmental screenlng, Froject
Environmental Assessmentand creating an EnvironrnentalManagementplan
(EMP).

4. Proiect Details

The informationgivenin this sectionis requiredfor all threestagesof the EIA of a


project.

4.1. Introduction
' This sectionshouldmention
the projectname;briefdescription
of the project;
purpose,nature,size of the projectand its importanceto the regionand tlre
country;profileof the projectproponent;and the exactgeographicallor;ationof
the project.
' The landdescription, i.e.village,tehsil,district,stateand extentof the lancjnrL.rst
be mentionedclearly.
' Any litigation(s)
pendingagainstthe proposedprojectand/orany directionsor
orderspassedby any courtof law/statutory authorilyagainslthe prr:jeclis to De
detailedout.
' In case of expansion/modernization of the road project,the environmenlal
compliancestatusfor the existingroadshouldbe explained.
' Nationalstandardsand codes of practicepertaininglo environmentalissues,
which are relevantto the proposedproject,shor-rld be furnished.
4.2. ProiectDescription

4.2.1.This sectionshouldcoverfollowinginformation:

. Broaderdetailsof the project,locationand alignment


' Relevanceof the projectin lightof the existingdevelopment plansof the region
. Projectcoverage,masterplan,phasingand scope
' Descriptionof alternativesconsidered to avoidrehabilitation
anrjresettlement issues
' Proceduresand criteriaadoptedfor selectionof the alignmentof right of way and
alternative
alignments considered
' Overallsuitability
of the identifiedalignmentand the proposedactivityin lightof the:
existingenvironmental lawsanddeviations, if any
" Descriptionof roadalignment, broadgeology,topography, connectivity,clemographic
aspects,socio-culturaland economicaspects,villages,settlements
' Detailsof land acquisition,rehabilitation of communities/villagesarrd their presell
status
" Technologies usedfor design,construciion, equipmentand operat;on
. Resources,manpower, timeframe,etc. reguiredfor prcjectimplementation
e
a Section 5 Terms of Reference 86

' Estimatedcost of the project,environmentalcost, funding agencies, ancJwhether llrcr


project is being implementedby the Governmentor on the basis of Bor

4.2.2. EssentialMaps to be providedwith project Description:

' llighway alignnrentplarr with the help of latestavailable cloud-free satellite imagery of
project alignmenton a 1:50,000 scale, and surroundingarea covering 1Okmon either
side of the proposed right of way showing the details of (i) protected areas (ii) critically
polluted areas as notified (iii) notified eco-sensitive areas, (iv) inler-province anrJ
internationalboundaries
" Alignment plan, with details such as nature of terrain (plain, rolling, hilly), details of
villages, tehsils, districts, latitude and longitudefor important locations falling on the
alignment
r A maP derived from tlie recent satellite imagerycovering aerial distance of j5km frorn
the proposed alignment,delineatingenvironmentalsensitiveareas
'l
" Land-use map of the study area on a : 50,000scale based on recent satelliteimagery
of the study area, delineatingthe crop lands (both single ancJdouble crop), agricultural
plantations,fallow lands, waste lands, water bodies, built-up areas, forest area ancl
other surface features such as railway tracks, ports, airports, rcads ancJ maior
industries
o Area drainage map covering 500 meters on eitherside of proposeclright of way
. Any proposed diversion of drain/canal/rivereither during the coristruc;tionphase o;"
operationalphase
* Detailed ground surveyed map on a 1:2000 scale showing the existirrgfeatures falling
within the right of way, such as trees, archaeological and religious structures.
monurnents,etc.

4.2.3, Activitiesfor Site Prepai.ation:

" lf the proposed roule is passing through low-lyingareas, cietailsof fill materials arid
initialand final levels after fillirrgabove MSL should be provided.
' lf the proposed route invol'res str"ipping,the Cetails cf the area lo
be sir-ipped,
locations,volume and quantityof earth to be removed, and type of soil and proposal
for the utilizationof removed top soil with locationof dump site should be provided
' lf the proposed route involves cutting of earth,the details of area to be
cut, clepthof
cut, locations, soil type, volume and quantity of earth and other materials to be
removed with location of dump site should be provided.
' lf the proposed route is passing through a hilly or avalanche area, the
details shoukJ
be provided.
' lf the proposed route involves tunnelling,the details of the tunnel
and locations of
tunnellingshould be provided.
' lf the road passes through a flood plain of the ri,rer, the details of micro
drainage,
flood passages and information on flood periodicity in the area should be provicled.
' lf the proposed project involves any land reclamation, details for the
activity that
requires land to be reclaimed and lhe area of land to be reclaimed should be
provided.
' lf the proposed route tnvolves any migratorypath of animals, details about
fatrna,
habitat and period of the year in which activitywill take place shouhJbe provide<i.

CJP
Section5. Terms of Reference 87

' lf there is a possibilitythat the constructionof roads will cause destructionof forest,
poaching, reductionin wetlandareas, details are to be provided.
' lf there will be any change in the drainage pattern after the proposed activity,details
of changes should be furnished.
" lf the proposed route is passing through a city or town, with houses and frirnran
frabitationon the either side of the road, the necessity for provisionof service ducis
should be studied.

5. Stage L Environmentalscreenino {ES)

5.1. Scopeof Work for ES

This is basedon the infonnation


givenin the'ProjectDetails'section

The generalapproachto be adoptedfor ES includesthe following:


i . Preliminaryreconnaissance surveysto identifyenvironmentally sensitiveissues
relatingto road alignmentand influencearea and baselinecondilions,inclucling
regionally and nationallyrecognizedenvironmentalresources and feature-c,
environmentand commonpropertyresourcessuch as foresis,large water frodie:r
and nrajorphysicalculturalproperties
. Assessmentof the potentialimpactsof the prcjecton the baselineccnditions
" Recommended mitigatorymeasuresto offsetthe identifiedadverseinrpacts
. Stakeholder assessment andconsultationsalongthe alignment
. ldenlificationof the ValuedErrvironmental Components(VECs) consideringthr:
baselineinfornration(collectedfrom both secondaryand primary sources),tlie
preliminaryunderstandingof the activitiesprcposed in the project arrd fron-r
stakeholder consultations
" Preliminaryanalysisof impactsidentifiedin the project site, surroundingsairi:J
influenceareaand formulation of management measures/oplions
. Preparationof scopingfor projectEA whichwill be a directoutcomeof the above-
mentionedES,and shalldefinethe boundaries of the projectEA
' Documentation of the above-mentionedES in the form of EnvironmentalScreenino
Reoort

6. Stage ll. Proiect EIA

The detailedEIA and the EIA Reportare preparedin tliis stage.The Scopeof work for the
projectEIA is as follows:

6.1. Detaileddescriptionof the nroiectas mentionedabove in 4.2.1 (infornration


colleeted
from engineeringand designsectionof the projectandfrom the TechnicalFeasibility
Report,
alongwith requiredmaps/designs/documents)

6.2. Discussionof the policv,leqaland administratiye


frameworkwithinwhich the projeclis
set, major stakeholderdepartmentsof the Governmentwiih their specificroles,applicable
Lawsand Acts, clearancerequirements at variouslevelsand theircurrentstatus
(Technoloqy
6.3.Analvsisof Alternatives & Sites)

ZJE
fi Section 5 Terms of Reference 88

t
In casethe scopingexerciseindicatesneedfor alternatives,
thischaptershallinclude:
. Descriptionof variousalternatives
suchas locations,
layoutsor technologies
studiecl
. Summaryof adverseimpactsof each alternative
. Selectionof alternative

6.4. Descliption
of the Environment

6.4.1.StudyArea

As a primaryrequirementof EIA process,the proponentshouldcollectprimarybaselinedata


in the projectarea as well as in the area within 5km of the proposedprojectboundary.
Secondarydata shouldbe collectedfor area within 1Okmaerialdistancefrom the pro1ecr
boundary.This shouldbe depictedon a map.

The followingcomponents
of the environment
shallbe studied:

6.4.2LandEnvironment

a) Land:Availabilityof land for earmarkingfor the projectwithoutcausingundue hardship


to localhabitatand theirsocio-cultural and economicaspectsis very important.Dataon
the land availabilityis tc be ascertainedfrom local authorities,revenlrerecords,elc
Justification
for the proposedquantumof the areais to be given.
b ) Topography:Baselinedata needsto be given on existingsituationof the lanciat tlie
proposedprojectarea, includingdescriptionof terrainhill slopes,coastal and inland
topography, coastalfeatures,if any (lowland,beaches,littoralareas,shoalareas),tenain
features,slope and elevation.Study of land-usepattem,habitation,croppingpatterrr,
forest cover, environmentally sensitiveplaces,etc. should be made by using remote
sensingtechniques(if available)and secondarydatasources.
Geology:Baselinedata should be providedon rock types, regionaltectonir;selting
(reportedfractures/faulting, folding,warping), and history of any volcainicactivity,
seismicityand associatedhazards,mainly in the coaslalarea. lnforrnationon quarry
yields,strengthof rock, distanceof quarriesfrom habitat,restrictionsfor quarrying.
environmental controls,statutorypermissions, etc.shouldbe provided.
d ) Soil Data:Data pertaining to type,classification, soil properties,etc. are
characteristics,
importantengineering considerationsfor designof structures.
Changesin parametersol
soil also may affectplantationand vegetati'regrowth,which in turn may endangerthe
healthof localhabitat.

6.4.11.
Meteorological
data coveringthe followingpointsshouldbe incorg:oratecl
in the EIA
report

Data for at least a 10-yearperiod should be presentedfrom the nearestmeteorological


station.The historyof cyclonesand tidalsurgesfor the area shallbe menlionecl.
The data
pertainingto the followingparameters
shallbe included:
. Windspeedanddirection
. Rainfall
. Relativehumidity
. Temperature
" Barometricpressures

e\b
Section 5. Terms of Reference
'/
t

. Historyof cyclones etc.

6 . 4 . 4 .A i r E n v i r o n m e n t

B a s e l i n ed a t a o f a m b i e n t a i r p a r a m e t e r s s, u c h a s R S P M , n i t r o g e nd i o x i d e , s u l p h u rd i o x i c J e ,
carbon monoxide,heavy metals and other harmfulair pollutantsdepending upon the tvpe of
the localion should be monitored.

This data should be collectedin an area extendingat least 5km from the project boundary oy
observation at a number of iocations.Specific importance shoulcJbe attached to areas in
close proximity to the project, say up to 1km. Data for one season, other than monsoon.
should be monitored,as per the NEQS for Ambient Air. The control station should be in the
up-wind/non-impact/non-polluting area.

6 . 4 . 5 .N o i s e

Baseline data on noise pollutioirat the project area and the neighbourhood up to 1 krrr crr
nearest residentialareas is to be monitoredas per the NEOS.

6 . 4 . 6W a t e r E n v i r o n m e n t

a) Ground \,Vater:Baseline cJataof groundwaterincluding data oir pl-i, r:is:;olvecjs:clirjs.


suspended solids, BOD, DO, coli-foim bacteria, oil and heavy metals is tr.' f-re
collectedat least for one season. Usage purpose of the gro'-rndwater,if a1y. is tr.,i.rtr
indicated.
b) Surface Water: Baseline data on locationof surface vvaterlil<elagoorrs.l:kes, fiCcrl
inlets, streams, rivers, and their details such as present quality arrd therr utility,if any,
is to be provided. Details of water bodies in the project area shall t--edescrit-'er1
specifically. Water quality is to be monitored for parameters mentiorred for
groundwaierfor one season (3 months) other than monsoon season.

6 . 4 . 7 .B i o l o g i c a E
l nvironment

a) Aquatic Ecology: Baseline data of aquatic floia ancl farina al ltre prujecl arrt--a,
including mengroves, marshes and other coastal vegetation, and sand ciunes rrr:ecls
to be ascertained by proper surveys.
b) TerrestrialEcology: Details on secondary data on the existing flora and fauna in tire
study area as well as that within '1Okm of its boundary, carrierCout by an ecologisl,
and a statement clearly specifying whether the study area forms a part of an
ecologicallysensitive area or migratorycorridorof any enclangeredfauna neer1te l.re
provided.

6 . 4 . 8 .E x i s t i n gS o l i dW a s t e D i s p o s a lF a c i l i t i e s

Details of authorized municipal solid waste facilities, biomedical treatment facilities and
hazardouswaste disposal facilitiesin the area should be inventorieriso tlrat thev are utilizecr.

6.4.9. Socio-Economicand OccupationalHealth Environments

Baseline data at the project area shall incluclethe clemography, particularly on hurnarr
setttements, health status of the communities, existing infrastructure facilities in the
proposed area and area of impact due to the proposed activity. Present employment anC

dE
ai Section5 Terms of Reference 90

t
/

livelihoodof these populations


and awarenessof the populationaboutthe proposedaclivity
shall also be included.lssueslike relocation,
rehabilitation
and resettlement,
if applicable,
need to be addressed.

6.4.10. PublicUtilities

Baselinedata of existingpublicutilityinfrastructure
shall be ascertainedand reportedtcr
assess the impacts of the projecton these public utilitiesin order to incorporatedesired
methodsin the EMP and the same shallbe monitoredduringthe construction as well as
operationalphasesof the road/highways.

6.5 Anticipatedlmpactsand MitisationMeasures

This chaptershall describethe likelyimpactof the projecton each of the environmental


componentand the methodsadoptedfor assessingthe impact such as moclelstudies.
empiricalmethods,referenceto existingsimilarsituations,referenceto previousstudies,etc.
Further,detailsof mitigation, methodsproposedto reduceadverseeffectsof the projectand
referenceto the models along with the inputs used should be mentioned.Mitigation
measuresshould be proposedas requiredduring the construction as urellas operaticnal
stagesof the projectfor all the identified
inrpacts.
5 . 5 . 1 .L a n dE n v i r o n m e n t

Anticipatedlmpacts:

The road itself - land requirement,removal of vegetation, fragmentatronol nalrrr':rl


habitat, removal of buildings and severance of farm land-creates direct impacts.
The most immediate and obvious effect of road developmeni on lan<j is tlre
elimination of the productive capacity of soil (top soil) presently coverecl by the
roads.
impact of the project construction leading lo soil contamination, soil erosion,
cJestabilization of slopes, side- tipping of spoil materials, loss of proper-ties,loss cf
fertile lands and diversionof naturalsurface water flows are to be studii:d in detail.
Possibility of the proposed project adversely affecting road ti:affic in the surrounrling
areas (e.9. by causing increasesin traffic congeslion and trafficaccidents) needs to
be assessed.
lmpediment causes by the proposedproject to the movement of inhabitantsusing the
existing road need to be indicated.
lmpacts on the local area developmentsand integrationwith local master plan shoul<J
be mentioned.

fulitigation
Measures:

. The extentof environmental impactsof construction,


operationand post operationis
largelydeterminedduringplanningand route or site selection.Early consultation
and determination of alternatives
can substantially
reduceor preventthe poiential
environmental impactsof theseprojects.
' While selecting new road alignrnents,attention must be paid to avoid fertile
agriculturallands,environmentallysensitiveareas,and areas prcne 1o landslides
and soil erosion.

4-P
Section 5. Terms of Reference 9l

' Before finalizingthe alignnrent,erosion potentialof each alternativeshould be


carefullyexaminedand the one involvingleast disturbance to the naturalgrourrcl
shouldbe preferred
' Balancingfillingand cuttingrequirementsthroughthe properchoiceof alignmentwill
reduce the need for borrow pits. An option to minimizeexcess spoil material
generationis to be examined.
' Drainageimprovement requirements,to minimizewaterloggingand floodingdue to
disturbanceof the naturaldrainagepattern,are to be examined.
' Afforestationshouldbe made to compensatefor the cuttingof the trees dr-rring
the
proposedroad constructionactivity.
' Mitigativemeasuresto address the impedimentsto the movementof inhabitants
shouldbe listedand a properplan shouldbe made.

6.5.2. Air Environment

Anticipatedlmpacts:

. The immediatesurroundings may have a greaterimpact.The existingsurrounding


featuressuchas habitation, hospitals,schools,notifiedsanctuaries,
etr:.r.,rp
tc 500m
and impacton themshallbe addressedseparalely.
' lmpactwould be causedduring construction activitiesdue to generationof fugitive
dust from crusherunits,air emissionsfrom hol mix plantsancj velriclesused for
transportationof materials.
. Predictionof impacton ambientair qualityusing appropriatemathernatical mo<Jr:l,
descriptionof n-rodel,
input requirementand referenceof derivation,distributiorit-rf
major pollutantsand presentationin tabularform for easy interpretation shall ne
carriedout,
. Mitigationmeasures:
" The road alignmentselectedshould avoid passingclose to housing,schools ancl
work places, providingsufficientspace to arroidtraffic congestion,even u,ith
projectedincreasein trafficflow.
' Tall leafyvegetationcan be plantedbehveenroadsand huniansett!ements io avoirj
dust.
" While transportingconstructionmaterials,they can be sprinkledwith water and
coveredwith tarpaulinduringthe construction stage.Road metal/material from the
crushingunitspurchased shouldbreapprovedby the concernedcivicagencies.
" Crusherand hot mix units, if used on site, should be equippedwith requisiteair
pollutionequipmentto meetthe prescribed standards.
' Awarenesscampaignswith the local governmenton good practicesof vehicle
maintenance, etc.to reducethe air emissionscan be carriedout.
' Environmental specifications for contractorsshouldcoverthe requiredsafeouards
duringthe designandconstruction stage.
6.5.3.WaterEnvironment

Anticipatedlmpacts:

' Surfacewater flow modifications can contributeto flooding,soil erosion,channel


modification
and siltation
of streams.

a\P
o/ Section 5 Terms of Reference 92

. Road drairrageand excavation can lowerthe watertablein surroundingareaswhile


embankments and structurescan raisewatertable by restrictingflow. The potential
effectsincludedeteriorationof vegetation,
increasedsusceptibility to erosionloss of
waterfor drinkingas wellas agricultureuse
. Water quality degradation(surface and groundwater)can take place due to
sedimentation, changesin biologicalactivityin strearnsand on their banks.
. Dischargeof waste watergeneratedat the temporaryprojectofficesand temporary
housingarea for constructionworkerscan have an impact.
" The possibilityof water qualitydegradationin downstreamwater coursesor water
bodiesdue to soil runofffrom the barelandsresultingfrom earth-moving activities.
suchas cuttingand fillingshouldbe indicated.

MitigationMeasures:

. Alignmentswhich are susceptibleto erosion,such as those crossingsteepslopes,


l can be avoided.
. The numberof watercrossingscan be minimized, whereverpossible
. Bufferzonesof undisturbed vegetation(withincreasedin proportionto slope)can be
left betweenroad sitesand water bodies.
. Adequatedrainagemodifications, settlingbasins,paving,irrfiltration
dilches,etc oarn
be provided.
" Adequatesanitationfaciiitiesand hygieneat construction workerscoicnysl'rculdLre
provided.
" Measuresfor safe tenrporary storageof fuelsshouldbe talien.
. Environmental specifications
for contractorsshould cover the requiredsafeguards
duringthe designand construction stages.

6.5.4.NoiseEnvironment

AnticipatedInrpacts:

Noise levels may increase during constructionactivity, due to operation of various


machinesand equipments.
Noise levels may increase during operationof the highway due to irrcreasedtraffic.
Noise levels should be predicted using mathematical modelling at different
representative locations.
" lmpacl of vibrationsduring blasting activity,if any, should nre mentioned.

MitigationMeasures:

. Bypass roads to avoid road alignment through noise sensiti.ue areas can be
developed.
. Proper surfacedesign and maintenancecan be adopted.
. Noise barrierscan be provided.Specificationsfor the installationof noise protection
devices, clearly indicating the location, design and material, and also provide for
future maintenancerequirementsshould be provided.
. Predictionmodel outputs should justify the selection of type of the noise barrier ;rrrd
thicknessof the noise barrier,etc.
. Tall leafy and dense vegetationcan be planted between roads and noise seirsitive
areas.
F' Section5. Terms of Reference 93

. The local government and vehicular manufacturers should lte involved to concJuct
awareness campaigns on good practicesof vehicle maintenance,etc. to reduce the
noise emissions.
. Environmental specificationsfor contractors should cover the required safeguarcls
during the design and constructionstage.

6 . 5 . 5 . B i o l o g i c a lE n v i r o n m e n t

Anticipated lmpacts:

. Trees will be lost due to fellingof trees in the right of way.


. wildlife habitatand biodiversitywill be lost due to change in land use
. Wildlife habitatand territorieswill be fragmented.
" Water quality,soil profile,noise, light and air pollution may v/orsen.whlch rnay affer-:l
the nature and characterof habitats.
. Increased access providedby roads will add pressure on wildlifehabitats
. Forest resources, economicallyimportant plants, and medicinal plants may be lo*ct
and rare, endemic and endangeredspeciesmay be threatened.

ft4itigationMeasures:

. Sensitive natural environmentsshould be identified in the early plannirrg -.tage so


that alternativeroutes and changes in width of the road can be examineci
. Possibility of twin new road corridors with previously establishedtranspr,:( ri-qhtsof
way, such as railway lines,should be considered.
. Animal crossings in identifiedareas should be provided.
' The loss of forest coverageby can be compensatedby an afforestationprogramrne
. A green belt along the alignmentcan be developed.
. Rare plants of econornic importance,medicinal plants and wildlife species can rre
conserved and regenerated.
. Institutionalarrarrgementsfor implementationand monitoring of various nritigalrng
measures can be made.
. Environmental specificationsfor contraclors should cover management of wr>rk
forces (control of poaching and fire wood collection), machinery (speed, noise and
traffic), and preventionof erosionand contaminationduring construction

6.5.6. Socio-Economicand HealthEnvironment

Anticipated lmpacts:

. Positive and negative impactson the presentstatus of livelihoodshould be analyzed


' Human settlement will be displaced from proposed site, resulting in an irnpact on
livelihood and loss of property.
. Community resourceswill be impacteo.
. Historical and archaeologicalsites may be impacted.
. Existing travel areas due to faster traffic,access controls and median barriers could
be impacted.
. Accelerated urbanizationcould have an impact.

MitigationMeasures:

AU
,q Section 5 Terms of Reference 94

" Rehabilitationplan for affected/displaced personsshoulcJbe macJe.Institutionar


arrangementfor effectiveimplementation and periodicalreview through proJecr
implernentationshouldbe incorporated.
" Compensation shouldbe madefor loss of landand crops.Mechanismfor providing
effectiveguidancein financialplanning to effectedpeopleshouldbe put in place.
' Local peopleshouldbe trainedfor employment, especiallyin the proposedproject
constructionstage.
' Employmentopportunities and accessto otheramenitiessuchas primaryeducation
and healthcarefacilitiesfor localpeopleshouldbe provided
' Projectshouldbe integrated withthe localmasterplanto preventconflictof interest.
. Environmental specifications for contractors
shouldbe stipulated.

6.5.7.SolidWasteManaoement

Anticipatedimpacts
l Waste generatedduring constructionmay impactsoil, agricultureand water quality.
waste generated from workers' camps may impact sanitation,water quality and
a g r i c u l t u r ei n t h e v i c i n i t yo f p r o j e c ta r e a .
Oil spillage/ieakagefrom machines anC rrehicles during constructlorr :;taoe mav
contarninate soil.

fulrtigaiionmeasures

. l-jroperivaste disposalfacilityshould be established.


' Good housekeeping practices should be followed along wiilr effecti.",e:;aaitaticrr
lTleasUres.
. Vel-ricles/construciion
machines should be maintained properly clirring c.,nstii.:cti,--,n
stage.
" Propet en'rirontnerrtal
specificaticiril-.
sl-rouldbe siipulatedin thr: c;rrir'raci.

7. AdditionalStudies
' lssues raised during public hearing and the responseof the project proporreni-frslsrl,J
' be preparedin tabular form.
. Plan of action for conservation of natural resources by utilization of fly ash, steel
melting shop's slag and other metallurgicalsolid non-lrazardouswaste should bc
prepared.
" Detailed R&R plan should be prepared with data on the existing socio-ecorrqr;ric
slatus of the population in the study area. Further, a broad plan shotrld be made
consideringthe resettlementof the displaced popr-rlation, site for the rr:sei!ktnrrnt
colony, alternative livelihood concerns/employment and retrabilitation 9f tIe
displacedpeople,civil and housing amenitiesbeing offered.
Detailsof budgetprovisions(capitaland recurring)
for the project-specific
R&R Plarr
for AccidentPrevention
and RoadSafetyManagement Systemshouldbe providecl.
Roaddesignstandardsand safetyequipmentspecifications shouldbe examinecl
ancl
trainingshouldbe providedto ensuretlratdesigndetailstake safety concelnsintcr
account.
Accidentproneareasneedto be identifiedandavoidedimitiqated.
95

Appendix I
Proiect Implementation Schedule
(57 months including selectionof consultants and resettlement period)

Year I Year2 Year 3 Year 4 Year 5


Item a a) a a a a a a a a a a a a a a a a a )
I a
J) 4 )
I )3 4 I J 4 I 3 4 1 ) 3

Selection for
Consultant

Detailed
Design

Preparationof
bidding &
Selection of
Contractor

Civil works
;l'!i ,;',.
&. Provision :,.1: a\

of Equipment

/\F
Section 6-4.
Sample Form of Contract for Consulting Services

z-l*>
Preface

This sample Contract for Consulting Services has been prepared by the
Export-Import Bank of Korea (hereinafterreferredto as the "Bank") for use by
its Project ExecutingAgencies(hereinafterreferredto as the "Employer") when
o'Consultant")to
they hire a consulting firm (hereinafter referred to as the
provide consulting servicesfor which remunerationis being determinedon the
basis of the time actually spentby the Consultantin carrying out the services.
The use of this contractis encouragedwheneverpossiblefor contractsfi.nanced
partly or wholly by the Bank, as this contract complies with the Guidelines for
the Employmentof Consultantsunderthe EDCF Loan.

The Contract consistsof four parts: the Form of Contract, the General
Conditionsof Contract,the SpecialConditionsof Contract,andthe Appendices.
Partiesusing this sampleContractfor servicesfinancedby the Bank shouldnote
that the GeneralConditionsmust not be modified. Any adjustmentto meet the
Project featuresshould be made only in the SpecialConditions,as specified in
the notesin italic providedfor the individual clauses.

Time-based contracts are recommendedwhen the scope of the services


cannot be establishedwith sufficient precision, or the duration and quantity of
servicesdependson variablesthat are beyondthe control of the Consultant. In
time-based contracts the Consultant provides services on a timed basis
accordingto quality specifications,and Consultant'sremunerationis based on
(i) agreedupon unit ratesfor Consultantstaff multiplied by the actual time spent
by the staff in executingthe assignment,and (ii) oufof-pocket expensesusing
actual expensesandlor agreedunit prices. This type of contract requires the
Employer to closely superviseConsultant and to be involved in the daily
executionof the assignment.

,\ b
98

Table of Contents

I. Form of Contract.. . . 100

II. GeneralConditionsof Contract.. r02

GeneralProvisions. r02
Commencement, Completion, Modification and
Termination of Contract. 105

Obligationsof the Consultant 109

Consultant'sPersonneland Sub-Consultants. 113

Obligationsof the Employer 115


Payments
to the Consultant...... 116
Fairnessand Good Faith. 119

Settlementof Disputes r20

m. SpecialConditionsof Contract. t21

IV. Appendices.... t28

4b-
99

Contract for Consulting Services


Time-Based

between

lNameof the Employerl

And

fName of the Consultantl

Dated:

?)<e
tOU- - deo ra Gl O

I. Form of Contract
Time-Based

lTextsin bracketsll is optional; all notesshould be deletedin thefinal text.l

This CONTRACTfor the ConsultingServices(hereinafterreferredto asthe "Contract")was


made and enteredinto this [date]th day of [monthJ,Lvear],between,on the one hand,
National Hishwav Authoritv. with its registered principaloffice at 27-MauveAreaG-911,
Islamabad,(hereinafterreferredto as the 'oEmployer") and,on the otherhand, Lnameof the
Consultantlqf Lnameof the Consultant'scountrltJ,with its registeredprincipal office at
'oConsultant").
laddressof the ConsultantJ(hereinafterreferredto as the The Employerand
the Consultantshallhereinafterbe referredto individuallyas aooParty" andcollectivelyasthe
"Parties."

WITNESSETH:

WHEREAS, the Employer has requested the Consultant to provide certain consulting
servicesas defined in this Contract (hereinafterreferred to as the o'Services");

WHEREAS, the Consultant, having representedto the Employer that it has the required
professionalskills, and personaland technical resources,has agreedto provide the Services
on the terms and conditions set forth in this Contract:

WHEREAS, the Government of the Islamic Republic of Pakistan (hereinafter referred to as


the "Borrower") has received (or in appropriate cases, "has applied for") a loan from the
Export-Import Bank of Korea (hereinafter referred to as the "Bank") from the resourcesof
the Economic Development CooperationFund (hereinafter referred to as the "EDCF") of the
Republic of Korea in the amount of Seventy Eight Million US Dollars (US$ 78,000,000)
toward the cost of the Malakand Tunnel Construction Project (hereinafter referred to as the
"Project"), and intends to apply a portion of the proceedsof this loan to payments under the
Contract; and

WHEREAS, the terms and conditions of the Contract and paymentsby the Bank, therefore,
shall be subject in all respectsto the terms and conditions of the Loan Agreement, including
the Guidelines for the Employment of Consultantsunder the EDCF Loan. Except as the Bank
may specially otherwise agree,no party other than the Borrower shall derive any rights from
the Loan Agreement or have any claim to the loan proceeds;
.r'
L Eorm (- nnttq ot (Time-Based)
10
I
NOW THEREFORE the Partieshereto hereby agreeas follows:

1. The following documents attached hereto shall be deemed to constitute an integral


part of this Contract:

(a) The GeneralConditions of Contract;


(b) The SpecialConditionsof Contract;and
(c) The following Appendices:
Appendix A: Descriptionof Services
Appendix B: Reporting Requirements
Appendix C: Key Personneland Sub-Consultants- Hours of Work
for Key Personnel
Appendix D: Summaryof Cost Estimates
Appendix E: Duties of the Employer
Appendix F: Sample Form of Advance PaymentsGuarantee

2. The mutual rights and obligations of the Employer and the Consultant shall be as set
forth in the Contract, in particular:
(a) the Consultantshall carry out the Servicesin accordancewith the provisions ln the
Contract; and
(b) the Employer shall make payments to the Consultant in accordance with the
provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto, each acting through its duly authorized
representative,have causedthis Contract to be signed in their respectivenames,as of the day
and year first abovewritten.

For and on behalf of National Highway Authority of Pakistan

lAuthor ized Representative)

For and on behalfof lnameof the Consultant]lnameof the Consultant'scountryf

lAuthorized Representativel

,+P
1A2 II. General Conditions of Contract

II. General Conditionsof Contract

1. General provisions
Definitions

Unless the context otherwise requires, the following terms whenever used in
Contract have the following meanings:

(a) "Applicable Law" means the laws and any other instruments having the force of
law in the Government's country, or in such other country as may be specified in
the Special Conditions of Contract, as they may be issued and in force from time
to time.

(b) The "Bank" means the Export-Import Bank of Korea which has been entrusted
by the Government of the Republic of Korea with the operation and management
of the Economic DevelopmentCooperationFund.

(c) "Consultant" means any private or public entity that will provide the Services to
the Employer under the Contract.

(d) "Contract" means the Contract signed by the Parties and all the attached
documentslisted in its Clause1, that is theseGeneralConditionsof Contract,the
Special Conditions of Contract,and the Appendices.

(e) ooDay"meanscalendarday.

(f) "Effective Date" means the date on which this Contract comes into force and
effect pursuantto ClauseGCC2.1.

(g) "Foreign Currency" means any currency other than the curTency of the
Employer's country.

(h) "GCC" meansthese GeneralConditions of Contract.

(i) "Government" meansthe Governmentof the Employer's country.


o'Parties"
c)*Party" means the Employer or the Consultant, as the casemay be, and
both of them.
means

(k) "Personnel" means qualified persons hired by the Consultant or by any Sub-
Consultantsand assignedto the performanceof the Servicesor any part thereof;
"Foreign Personnel" means such professionalsand support staff who at the time
of being so provided had their domicile outside the Government's country;
"Local Personnel" means such professionalsand support staff who at the time of
o'Key
being provided had their domicile inside the Government'scountry; and
Personnel"meansthe Personnelreferredto in ClauseGCC 42@).

(1) "Out-of-Pocket Expenses" means all assignment related costs other than
Consultant's remuneration.

(m)"SCC" means the Special Conditions of Contract by which the GCC may be
amendedor supplemented. 415
-II. GeneralC onditions olContract (Time.Based)-

(n) "services" means the work to be performed by the Consultant pursuant to this
Contract,as describedin Appendix A hereto.

(o) "Sub-Consultants" means any qualified person or entity to whom/which the


Consultant subcontractsany part of the Services subject to the approval by the
Employer and for whom/which the Consultant is fully responsible.

(p) "Third Party" meansany qualified person or entity other than the Government, the
Employer, the Consultantor a Sub-Consultant.

(q) "In Writing" meanscommunicatedin written form with proof of receipt.

t,2 Relationship betweenthe Parties

Nothing contained herein shall be construed as establishing a relationship of master


and servant or of principal and agent between the Employer and the Consultant. The
Consultant, subject to this Contract, has complete charge of Personnel and Sub-
Consultants, if any, performing the Services and shall be fully responsible for the
Servicesperformed by them or on their behalf hereunder.

1.3 Law Governing Contract

This Contract, its meaning and interpretation, and the relation between the Parties
shall be governedby the Applicable Law.

T,4 Language

This Contract has been executedin the English language,rvhich shall be the binding
and controlling language for all matters relating to the meaning or interpretation of
this Contract. Furthermore, all reports and correspondence required during the
implementationof the Servicesshall be in English.

1.5 Headings

The headingsshall not limit, alter or affect the meaning of this Contract.

t.6 Notices

1.6.1 Any notice, request or consent required or permitted to be given or made


pursuant to this Contract shall be in writing. Any such notice, request or
consent shall be deemed to have been given or made when delivered by in
person,mail or cable to the authorizedrepresentativeof the Party to which it is
required to be given or made at such Party's address,or at such other address
as either Party may specify in the SCC.

L6.2 A Party may changeits addressfor notice hereunderby giving the other Party
in writins of suchchanseto the addressin the SCC.

2 \t
rc4 II. General Conditiors olContract (Time=Based)

t.l Location

The Services shall be performed at such locations as are specified in Appendix A


hereto and, where the location of a particular task is not so specified, at such locations,
whether in the Government's country or elsewhere,as the Employer may approve.

1.8 Authority of Member in Charge

In case the Consultant consists of a joint venture of more than one entity, the
Members hereby authorize the entity specified in the SCC to act on their behalf in
exercising all the Consultant's rights and obligations towards the Employer under this
Contract, including without limitation the receiving of instructions and paymentsfrom
the Employer.

1.9 AuthorizedRepresentatives

Any action required or permitted to be taken, and any document required or permitted
to be executedunder this Contract by the Employer or the Consultant may be taken or
executedby the officials, as specifiedin the SCC.

1.10 TaxesandDuties

All taxes, duties and levies imposed on the Serviceswithin the Employer's country
provided by the Consultant shall either be exempted or borne by the Employer, as
specifiedin the SCC.

1.11 Fraudand Comrption

It is the Bank's policy to require that Borrowers (including the beneficiaries of the
Bank loans), as well as Consultantsunder the EDCF-financed contracts, observethe
highest standard of ethics during the selection and execution of such contracts. In
pursuanceof this policy, the Bank:

(a) defines,for the purposeof this provision,the terms set forth below as follows:

(i) "corrupt practice" means the offering, giving, receiving, or soliciting of,
directly or indirectly, any thing of value to influence the action of a public
official in the selectionprocessor in contractexecution; and

(ii) "fraudulentpractice" meansa misrepresentation or omission of facts in order


to influencea selectionprocessor the executionofa contract;

(b) will cancel the portion of the loan allocated to a contract if it determinesat any
time that representativesof the Employer or of a beneficiary of the loan were
engaged in corrupt or fraudulent practices in competing for the contract in
question or the execution of that contract, without the Employer having taken
timely and appropriateaction satisfactoryto the Bank to remedy the situation; and

(c) shall declarea Consultantineligible, for a period determinedby the Bank, to be


awardeda contract financed by an EDCF loan if it at any time determinesthat the
Consultanthas engagedin comrpt or fraudulent practices in competing for, or in
executing,a contract financed by an EDCF loan. ?).>
Il.GeneralCondilionsolContrac(Time-Bassd)

2. Commencement,Completion, Modification and Termination of Contract

2.1 Effectivenessof the Contract

This Contract shall come into force and effect on the date (the "Effective Date") of
the Employer's notice to the Consultant instructing the Consultant to begin carrying
out the Services. This notice shall confirm that the effectiveness conditions, if any,
listed in the SCC have beenmet.

2.2 Termination of Contract for Failure to Become Effective

If this Contract has not become effective within such time period after the date of the
Contract signed by the Parties as specified in the SCC, the Employer or the
Consultant may, by not less than twenty-one (21) days written notice to the other
Party, declarethis Contract to be null and void, and in the event of such a declaration
by either Party, neither Party shall have any claim against the other Party with respect
hereto.

/..J Commencementof Services

This Consultant shall begin carrying out the Services not later than the number of
days after the Effective Date specified in the SCC.

2.4 Expirationof Contract

Subjectto sub-clauseGCC 2.7.3(c)andunlessterminatedearlierpursuantto Clause


GCC 2.9 hereof,this Contractshall expire at the end of suchtime period after the
numberof daysfrom the EffectiveDateasspecifiedin the SCC.

2.5 Entire Agreement

This Contract contains all covenants,stipulationsand provisions agreedby the Parties.


No agent or representativeof either Party has authority to make, and the Parties shall
not be bound by or be liable for, any statement,representation,promise or agreement
not set forth herein.

2.6 Modifi cations or Variations

(a) Any modification or variation of the terms and conditions of this Contract,
including any modification or variationof the scopeof the Services,may only be
made by a written agreementbetween the Parties. Pursuant to Clause GCC 7.2
hereof, however, each Party shall give due consideration to any proposals for
modification or variation madeby the other Party.

(b) In casesof any substantialmodifications or variations, the prior written consentof


the Bank is required.

,E
106- II. General Conditions ofContract (Time-Rased)

2.7 ForceMajeure

2.7.1 Definition

(a) For the purpose of this Contract,ooForceMajeure" meansan event which is


beyondthe reasonablecontrol ofa Party, is not foreseeable,is unavoidable
and which makes a Party's performance of its obligations hereunder
impossibleor so impracticalas reasonablyto be consideredimpossiblein
the circumstances,and includes, but is not limited to, war riots, civil
disorder, earthquake,fire, explosion, storm, flood or other adverseweather
conditions, strikes, lockouts or other industrial action (except where such
strikes, lockouts or other industrial action are within the power of the Party
invoking Force Majeure to prevent), confiscation or any other action by
Government agencies.

(b) Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or such Party's Sub-Consultant
or agents or employees,nor (ii) any event which a diligent Party could
reasonablyhave been expectedboth to take into accountat the time of the
conclusion of this Contract, and avoid or overcome in carrying out its
obligationshereunder.

(c) Force Majeure shall not include insufficiency of funds or failure to make
any payment required hereunder.

2.7.2 No Breachof Contract

The failure of a Party to fulfill any of its obligations hereunder shall not be
consideredto be a breach of this Contract insofar as such inability arises from
an event of Force Majeure, provided that the Party affected by such an event
(a) has taken all reasonableprecautions, due care and reasonablealtemative
measrilesin order to carry out the terms and conditions of this Contract, and
(b) has informed the other Party as soon as possible about the occurrence of
such an event.

2.7.3 Measuresto be Taken

(a) A Party affected by an event of Force Majeure shall continue to perform


its obligations under the Contract as far as is reasonably practical, and
shall take all reasonablemeasuresto minimize the consequencesof any
event of ForceMaieure.

(b) A Party affected by an event of Force Majeure shall notify the other Party
of such event as soon as possible, and in any case not later than fourteen
(14) days following the occurrenceof such event, providing evidenceof
the nature and causeof such event, and shall similarly give a written notice
of the restorationof normal conditionsas soonas possible.

2!>
II. GeneralConditionsofCorrtract (Time-Based 107

(c) Any period within which aPafiy shall, pursuantto this Contract, complete
any action or task, shall be extended for a period equal to the time during
which such Party was unable to perform such action as a result of Force
Majeure.

(d) During the period of their inability to perform the Servicesas a result of an
event of Force Majeure, the Consultant, upon instructions by the Employer,
shall either:

(i) demobilize, in which case the Consultant shall be reimbursed for costs
they reasonably and necessarily incurred, and, if required by the
Employer, in reactivating the Services;or

(ii) continue with the Services to the extent possible, in which case the
Consultantshall continue to be paid under the terms of the Contract and
be reimbursedfor additional costsreasonablyand necessarilyincurred.

(e) In the case of disagreementbetween the Parties as to the existence or


extent of Force Majeure, the matter shall be settled according to Clause
GCC 8.

2.8 Suspension

The Employer may, by written notice of suspensionto the Consultant, suspend all
payments to the Consultant hereunder if the Consultant fails to perform any of its
obligations under this Contract, including the carrying out the Services,provided that
such notice of suspension(i) shall specify the nature of the failure, and (ii) shall
request the Consultant to remedy such failure within a period not exceeding thirty
(30) days after receiptby the Consultantof suchnotice of suspension.

2 . 9 Termination

2 . 9 . 1 By the Employer

The Employer may terminate this Contract in caseof the occurrenceof any of
the eventsspecifiedin paragraph(a) through (h) of this ClauseGCC 2.9.1. In
such an occuffence,the Employer shall give a not less than thirty (30) days'
prior written notice of termination to the Consultant, and sixty (60) days' in
caseof the eventreferred to in (h).

(a) If the Consultant fails to remedy a failure in the performance of its


obligations hereunder,as specified in a notice of suspensionpursuant to
Clause GCC 2.8 hereinabove,within thirty (30) days of receipt of such
prior notice of suspensionor within such further period as the Employer
may have subsequentlyapprovedin writing.

(b) If the Consultant becomes insolvent or bankrupt or enters into any


agreementswith their creditors for relief of debt or takes advantageof any
law for the benefit of debtors or goes into liquidation or receivership
whether compulsory or voluntary
AF
108 llGercral Conditionsof (Timc.Bascd)

(c) If the Consultantfails to comply with any final decision reachedas a result
of arbitration proceedingsprrsuant to ClauseGCC I hereof.

(d) If the Consultant,in the judgment of the Employer, has engagedin conupt
or fraudulent practices in competing for or in executingthis Contract.

(e) If the Consultant submits to the Employer a false statement which has
material effect on the rights, obligations or interestsof the Employer.

(0 If, as the result of Force Majeure, the Consultant is unable to perform a


materialportion of the Servicesfor a period of not lessthan sixty (60) days.

(g) If the Loan Agreement has been terminated or the Bank has suspended
disbursementsunder the Loan Agreement.

(h) If the Employer, in its sole discretion and for any reason whatsoever,
decidesto terminatethis Contract.

2.9.2 By the Consultant

The Consultantmay terminate this Contract, by not less than thirty (30) days'
prior notice to the Employer, in case of the occurrenceof any of the events
specifiedin paragraphs(a) through (d) of this ClauseGCC 2.9.2.

(a) If the Employer fails to pay any money due to the Consultant pursuant to
this Contract and not subject to dispute pursuant to Clause GCC 8 hereof
within forty-five (45) days after receiving a written notice from the
Consultantthat such payment is overdue.

(b) If, as the result of Force Majeure, the Consultant is unable to perform a
materialportion of the Servicesfor a period of not lessthan sixty (60) days.

(c) If the Employer fails to comply with any final decision reached as a result
of arbitration pursuantto ClauseGCC 8 hereof.

(d) If the Employer is in material breach of its obligations pursuant to this


Contract and has not remedied the same within forty-five (a5) days (or
such longer period as the Consultant may have subsequentlyapproved in
writing) following the receipt by the Employer of the Consultant'snotice
specifyingsuchbreach.

2.9.3 Cessationof Rights and Obligations

Upon terminationof this Contract pursuantto ClausesGCC 2.2 or GCC 2.9


hereof, or upon expiration of this Contract pursuant to Clause 2.4 hereof, all
rights and obligations of the Parties hereunder shall cease, except (i) such
rights and obligations as may have accrued on the date of termination or
expiration, (ii) the obligation of confidentiality set forth in Clause GCC 3.3
hereof, (iii) the Consultant's obligation to permit inspection, copying and
auditing of their accountsand records set forth in Clause GCC 3.8 hereof, and
(iv) any right which aParty may have under the Applicable Law.
IL General Conditions ofContract (Time-Based) _L09

2.9.4 Cessation
of Services

Upon termination of this Contract by notice of either Party to the other


pursuant to Clauses GCC 2.9.I or 2.9.2 hereof, the Consultant shall,
immediately upon dispatch or receipt of such notice, take all necessarystepsto
bring the Servicesto a close in a prompt and orderly manner and shall make
every reasonableeffort to keep expendituresfor this purpose to a minimum.
With respect to documents prepared by the Consultant and equipment and
materialsfurnished by the Employer, the Consultant shall proceed as provided,
respectively,by ClauseGCC 3.7 or GCC 3.9 hereof.

2.9.5 Paymentupon Termination

Upon termination of this Contract pursuantto Clauses GCC 2.9.I or 2.9.2


hereof,the Employer shall make the following paymentsto the Consultant:

(a) remuneration pursuant to Clause GCC 6 hereof for the Services


satisfactorily performed prior to the effective date of termination, and out-
of-pocket expenses pursuant to Clause GCC 6 hereof for expenditures
actually incurred prior to the effective date of termination;

(b) except in the caseof termination pursuantto paragraphs(a) through (e), of


ClauseGCC 2.9.1 hereof,reimbursementof any reasonablecost incidental
to the prompt and orderly termination of this Contract including the cost of
the return travel of the Personneland their eligible dependents;and

(c) in the event that the Consultant is found to be in breach of the Bank's
Fraud and Corruption requirement, there shall be no payment or
reimbursementin respect of any fraudulent or corrupt practices performed
by the Consultant.

2.9.6 DisputesaboutEventsof Termination

If either Party disputes whether an event specified in paragraphs(a) through


(0 of Clause GCC 2,9.1 or in Clause2.9.2 hereof has occurred, such Party
may, within forty-five (45) days after receipt of notice of termination from the
other party, refer the matter to Clause GCC 8 hereof, and this Contract shall
not be terminated on account of such event except in accordance with the
terms of any resulting arbitral award.

3. Obligations of the Consultant


3.1 General

3.1.1 Standardof Performance


The Consultant shall perform the Services and carry out their obligations
hereunderwith all due diligence, efficiency and economy, in accordancewith
generally accepted professional standards and practices, and shall observe
soundmanagementpractices,and employ appropriatetechnology and safe and
effective equipment, machinery, materials and methods. The Consultant shall
always act, in respectof any matter relating to this Contract or to the Services,
AE
110 II. GeneralC-onditionrofContractlTime.Based)

as faithful advisers to the Employer, and shall at alI times support and
safeguard the Employer's legitimate interests in any dealings with Sub-
Consultantsor Third Parties.

3.1.2 Law GoverningServices

The Consultant shall perform the Servicesin accordancewith the Applicable


Law and shall take all practrcal steps to ensure that any Sub-Consultants,as
well as the Personnelof the Consultantand any Sub-Consultants,comply with
the Applicable Law.

J.Z Conflict of Interests

The Consultant shall hold the Employer's interests paramount, without any
consideration for future work, and strictly avoid conflict with other assignmentsor
their own corporateinterests.

3.2.I ConsultantNot to Benefit from Commissions,Discounts,etc.

(a) The payments to the Consultant pursuant to Clause GCC 6 hereof shall
constitute the Consultant's only payment in connection with this Contract
and, subjectto Clause GCC 3.2.2 hereof,the Consultant shall not accept
for its own benefit any trade commission, discount, or similar payment in
connection with activities pursuant to this Contract or in the dischargeof
its obligations hereunder, and the Consultant shall use its best efforts to
ensure that any Sub-Consultants,as well as the Personnel and agents of
either of them, similarly shall not receive any such additional payment.

(b) Furthermore, if the Consultant, as pafi of the Services, has the


responsibility of advising the Employer on the procurement of goods,
works or services,the Consultant shall comply with the Bank's applicable
procurementguidelines,and shall at all times exercisesuch responsibility
in the best interest of the Employer. Any discounts or commissions
obtained by the Consultant in the exercise of such procurement
responsibility shall be for the accountof the Employer.

3.2.2 Consultantand Affiliates Not to Engagein CertainActivities

The Consultant agrees that, during the term of this Contract and after its
termination, the Consultant and any entity affiliated with the Consultant, as
well as any Sub-Consultantshall be disqualified from providing goods, works
or services(other than consulting services)resulting from or directly related to
the Consultant's Servicesfor the preparationor implementation of the Project.

3.2.3 Prohibitionof Conflicting Activities

The Consultant shall not engage,and shall cause their Personnel as well as
their Sub-Consultantsand their Personnel not to engage, either directly or
indirectly, in any business or professional activities that would represent a
conflict with the activities assisnedto them under this Contract.
IL Generaleonditionssfeontrast Cfime-Based) lll

3.3 Confidentiality

Except with the prior written consent of the Employer, the Consultant and its
Personnelshall not at any time communicateto any person or entity any confidential
information acquired in the course of the Services, nor shall the Consultant and its
Personnelmake public the recommendationsformulated in the courseof, or as a result
of, the Services.

3.4 Insuranceto be Taken out by the Consultant

The Consultant (a) shall take out and maintain, and shall cause any Sub-Consultants
to take out and maintain, at their (or the Sub-Consultants',as the case may be) own
cost but on terms and conditions approved by the Employer, insurance against the
risks, and for the coverage,as shall be specifiedin the SCC; and (b) at the Employer's
request,shall provide evidence to the Employer showing that such insurancehas been
taken out and maintained and that the current premiums have been paid. The
Employer undertakesno responsibility in respect of any life, health, accident, travel
and other insurance which may be necessaryor desirable for the Personnel or Sub-
Consultants and specialists associatedwith the Consultant for the purposes of the
Services,nor for any members of any family of any such person.

3.5 Consultant'sActions Requiring the Employer'sPrior Approval

The Consultant shall obtain the Employer's prior approval beforetakins


any of the following actions:

(a) Any changeor addition to the Personnellisted in Appendix C.

(b) Subcontracts:the Consultant may subcontractwork relating to the Servicesto


an extent and with such experts and entities as may be approved in advanceby
the Employer. Notwithstanding such approval, the Consultant shall retain full
responsibility for the Services.In the event that any Sub-Consultantsare found
by the Employer to be incompetentor incapablein dischargingassignedduties,
the Employer may request the Consultant to provide a replacement, with
qualifications and experience acceptableto the Employer, or to resume the
performanceof the Servicesitself.

(c) Any other action that may be specifiedin the SCC.

3.6 ReportingObligations

(a) The Consultant shall submit to the Employer the reports and documentsspecified
in Appendix A hereto, in the form, in the numbers and with the time periods set
forth in the said Appendix.

(b) Final reports shall be delivered in CD ROM in addition to the hard copies as
specifiedin the said Appendix.

(c) The Consultantshall report to the Employer promptly the occurrenceof any event
or condition which might delay or prevent completion of any significant part of
the Project in accordance with the agreed schedules, and indicate what steps
should be taken to meet the situation.
,\-b
_ lI2 IL General Conditions-oflContract (Ti

3.7 DocumentsPreparedby the Consultantto be the Propertyof the Employer

All plans, drawings, specifications, designs, reports, other documents and software
prepared by the Consultant for the Employer under this Contract shall become and
remain the property of the Employer, and the Consultant shall, not later than upon
termination or expiration of this Contract,deliver all such documentsto the Employer,
together with a detailed inventory thereof. The Consultant may retain a copy of such
documentsand software, and use such software for their own use with prior written
approval of the Employer. If license agreementsare necessaryor appropriatebetween
the Consultant and third parties for purposesof development of any such computer
programs, the Consultant shall obtain the Employer's prior written approval to such
agreements,and the Employer shall be entitled at its discretion to require recovering
the expenses related to the development of the program(s) concerned. Other
restrictions about the future use of these documents and software, if any, shall be
specifiedin the SCC.

3.8 Accounting,Inspectionand Auditing

The Consultantshall permit the Bank andlorpersonsappointed by the Bank to inspect


its accounts and records as well as those of its Sub-Consultants relating to the
performance of the Contract, and to have such accounts and records audited by
auditors appointedby the Bank if required by the Bank. The Consultant's attention is
drawn to Clause 1.11 which provides, inter alia, that acts intended to materially
impede the exercise of the Bank's inspection and audit rights provided for under
Clause3.8 constitutea prohibited practicesubjectto contracttermination (as well as
to a determinationof ineligibility underthe ConsultantGuidelines).

3.9 Equipment,Vehicles and MaterialsFurnishedby the Employer

Equipment, vehicles and materials made available to the Consultant by the Employer,
or purchasedby the Consultant wholly or partly with funds provided by the Employer,
shall be the property of the Employer and shall be marked accordingly. Upon
termination or expiration of this Contract,the Consultant shall make available to the
Employer an inventory of such equipment,vehicles and materials and shall disposeof
such equipment and materials in accordancewith the Employer's insttuctions. While
in possessionof such equipment, vehicles and materials, the Consultant, unless
otherwise instructed by the Employer in writing, shall insure them at the expenseof
the Employer in an amount equal to their full replacementvalue.

3. 10 Equipmentsand MaterialsProvidedby the Consultants

Equipment or materials brought into the Government's country by the Consultant and
the Personneland used either for the Project or personaluse shall remain the property
of the Consultantor the Personnelconcetned,as applicable.

A.P
-IL GeneralConditions-olContract (Time=Based)- l13

4. Consultant's Personneland Sub-Consultants

4.1 General

The Consultant shall employ and provide such qualified and experiencedPersonnel
and Sub-Consultantsas are required to carry out the Services.

4.2 Descriptionof Personnel

(a) The title, agreedjob description,minimum qualification and estimatedperiod of


engagementin the carrying out of the Services of each of the Consultant's Key
Personnelare described in Appendix C. If any of the Key Personnelhas already
beenapprovedby the Employer,his/hernameis listed as well.

(b) If requiredto comply with the provisionsof ClauseGCC 3.1.t hereof,adjustments


with respectto the estimatedperiods of engagementof Key Personnelset forth in
Appendix C may be made by the Consultant by written notice to the Employer,
provided (i) that such adjustmentsshall not alter the originally estimatedperiod of
engagementof any individual by more than l}Yo or one week, whichever is larger,
and (ii) that the aggregateof such adjustmentsshall not causepaymentsunder this
Contractto exceedthe ceilings set forth in Clause GCC 6.1(b) of this Contract.
Any other such adjustments shall only be made with the Employer's written
approval.

(c) If additional work is required beyond the scope of the Services specified in
Appendix A, the estimatedperiods of engagementof Key Personnelset forth in
Appendix C may be increasedby agreementin writing between the Employer and
the Consultant.In casewhere paymentsunder this Contract exceedthe ceilings set
forth in Clause GCC 6.1(b) of this Contract,this will be explicitly mentionedin
the agreement.

4.3 Approval ofPersonnel

The Key Personnel and Sub-Consultants listed by title as well as by name in


Appendix C are hereby approved by the Employer. In respect of other Personnel
which the Consultant proposes to use in the carrying out of the Services, the
Consultant shall submit to the Employer for review and approval a copy of their
CurriculaVitae (CVs). If the Employer doesnot object in writing (statingthe reasons
for the objection) within twenty-one(21) days from the date of receipt of such CVs,
such Personnelshall be deemedto have beenapprovedby the Employer.

4.4 Working Hours, Overtime,Leave,etc.

(a) Working hours and holidays for Key Personnelare set forth in Appendix C hereto.
To account for travel time, Foreign Personnel carrying out Services inside the
Employer's country shall be deemed to have commenced, or finished work in
respect of the Services such number of days before their arrival in, or after their
departurefrom the Employer's country as is specified in Appendix C hereto.

zx,
114 II. GeneralConditionsolCortracJ(Timc.Bastd)

(b) The Key Persormel shall not be entitled to be paid for overtime nor to take paid
sick leave or vacation leave exceptas specifiedin Appendix C hereto,and except
as specified in such Appendix, the Consultant's remuneration shall be deemedto
cover these items. All leave to be allowed to the Personnelis included in the staff-
months of service set forth in Appendix C. Any taking of leave by Personnelshall
be subject to the prior approval by the Consultant who shall ensurethat absence
for leave pu{poses will not delay the progress and adequate supervision of the
Services.

4.5 Removal andlorReplacementof Personnel

(a) Except as the Employer may otherwise agree, no changes shall be made in the
Personnel.If, for any reasonbeyond the reasonablecontrol ofthe Consultant,such
as retirement, death, medical incapacity, among others, it becomes necessaryto
replace any of the Personnel, the Consultant shall forthwith provide as a
replacementa personof equivalentor betterqualifications.

(b) If the Employer (i) finds that any of the Personnel has committed serious
misconduct or has been chargedwith having committed a criminal action, ot (ii)
has reasonable cause to be dissatisfied with the performance of any of the
Personnel,then the Consultantshall, at the Employer's written requestspecifying
the grounds therefore, forthwith provide as a replacement a person with
qualifications and experienceacceptableto the Employer.

(c) Any of the Personnelprovided as a replacementunder Clauses(a) and (b) above,


as well as any out-of-pocket expenditures (including expenditures due to the
number of eligible dependents)the Consultants may wish to claim as a result of
such replacement,shall be subject to the prior written approval by the Employer.
The rate of remuneration applicable to a replacement person will be obtained by
multiplying the rate of remunerationapplicable to the replacedperson by the ratio
between the monthly salary to be effectively paid to the replacementperson and
the average salary effectively paid to the replaced person in the period of six
months prior to the date of replacement.Except as the Employer may otherwise
agree,(i) the Consultant shall bear all additional travel and other costs arising out
of or incidental to any removal andlor replacement,and (ii) the remunerationto be
paid for any of the Personnel provided as a replacement shall not exceed the
remunerationwhich would have beenpayableto the Personnelreplaced.

4.6 ResidentProjectManager

If required by the SCC, the Consultant shall ensure that at all times during the
Consultant's performance of the Services in the Government's country a resident
project manager,acceptableto the Employer, shall take charge of the performance of
suchServices.
II. General Conditions of Contract (Time.Based) - 115

5. Obligations of the Employer

5.1 Assistanceand Exemptions

Unless otherwise specified in the SCC, the Employer shall use its best efforts to
ensurethat the Government shall:

(a) Provide the Consultant, Sub-Consultantsand Personnel with work permits and
such other documents as shall be necessary to enable the Consultant, Sub-
Consultantsor Personnelto perform the Services.

(b) Anange for the Personnel and, if appropriate, their eligible dependentsto be
provided promptly with all necessaryentry and exit visas, residence permits,
exchange permits and any other documents required for their stay in the
Government'scountry.

(c) Facilitate prompt clearance through customs of any property required for the
Servicesand of the personaleffects of the Personneland their eligible dependents.

(d) Issue to officials, agents and representatives of the Government all such
instructions as may be necessaryor appropriate for the prompt and effective
implementationof the Services.

(e) Exempt the Consultant and the Personneland any Sub-Consultantsemployed by


the Consultant for the Services from any requirement to register or obtain any
permit to practice their professionor to establishthemselveseither individually or
as a corporate entity accordingto the Applicable Law.

(f) Grant to the Consultant, any Sub-Consultantsand the Personnelof either of them
the privilege, pursuantto the Applicable Law, of bringing into the Govemment's
country reasonableamounts of foreign cuffency for the purposesof the Services
or for the personal use of the Personneland their dependentsand of withdrawing
any such amounts as may be earnedtherein by the Personnel in the execution of
the Services.

(g) Provide to the Consultant, Sub-Consultants and Personnel any such other
as may be specifiedin the SCC.
assistance

5.2 Accessto Land

The Employer warrants that the Consultant shall have, free of charge, unimpeded
accessto all land in the Government's country in respect of which accessis required
for the performance of the Services. The Employer will be responsible for any
damage to such land or any property thereon resulting from such access and will
indemnify the Consultant and eachof the Personnelin respectof liability for any such
damage,unless such damageis causedby the default or negligence of the Consultant
or any Sub-Consultantsor the Personnelof either of them.
_ l+5 -Il Generaleonditionsof eontract(Time-Based

5.3 Services,Facilities and Propertyof the Employer

(a) The Employer shall make available to the Consultant and the Personnel, for the
pu{poses of the Services and free of any charge, the services, facilities and
property describedin Appendix E at the times and in the manner specified in said
Appendix E.

(b) In casethat such services,facilities and property shall not be made available to the
Consultant as and when specified in Appendix E, the Partiesshall agreeon (i) any
time extension that it may be appropriate to grant to the Consultant for the
performance of the Services,(ii) the manner in which the Consultant shall procure
any such services, facilities and property from other sources, and (iii) the
additional payments, if any, to be made to the Consultant as a result thereof
pursuantto ClauseGCC 6.1(c)hereinafter.

5.4 Payment

In consideration of the Servicesperformed by the Consultant under this Contract, the


Employer shall make to the Consultant such payments and in such manner as is
providedby ClauseGCC 6 of this Contract.

5.5 CounterpartPersonnel

(a) The Employer shall make available to the Consultant free of charge such
professional and support counterpartpersonnel,to be nominated by the Employer
with the Consultant'sadvice,if specifiedin Appendix E.

(b) If counterpart personnel are not provided by the Employer to the Consultant as
and when specified in Appendix E, the Employer and the Consultant shall agree
on (i) how the affected pafi of the Services shall be carried out, and (ii) the
additional payments, if any, to be made by the Employer to the Consultant as a
result thereofpursuantto ClauseGCC 6.1(c) hereof.

(c) Professional and support counterpart persorurel, excluding Employer's liaison


personnel, shall work under the exclusive direction of the Consultant. If any
member of the counterpart persormel fails to perform adequately any work
assigned to such member by the Consultant that is consistent with the position
occupied by such member, the Consultant may request the replacement of such
member, and the Employer shall not unreasonablyrefuse to act upon such request.

6. Paymentsto the Consultant

6.1 Cost Estimates;Ceiling Amount

(a) An estimateof the cost of the Servicesis set forth in Appendix D.

(b) Except as may be otherwise agreedunder Clause GCC 2.6 and subject to Clause
GCC 6.1(c), paymentsunder this Contractshall not exceedthe ceilings specified
in the SCC.

c)P
- lL General eonditions ofeontract (Time-Based) lll

(c) NotwithstandingClauseGCC 6.1(b) hereof, if pursuantto ClausesGCC 5.3 or 5.4


hereof, the Parties shall agree that additional payments, shall be made to the
Consultant in order to cover any necessaryadditional expendituresnot envisaged
in the cost estimatesreferred to in Clause GCC 6.1(a) above, the ceiling or
ceilings, as the case may be, set forth in Clause GCC 6.1(b) above shall be
increasedby the amount or amounts, as the case may be, of any such additional
payments.

6.2 Remunerationand Out-of-PocketExpenses

(a) Subjectto the ceilings specifiedin ClauseGCC 6.1(b) hereof,the Employer shall
pay to the Consultant (i) remuneration as set forth in Clause GCC 6.2(b)
hereunder,and (ii) out-of-pocket expensesas set forth in Clause GCC 6.2(c)
hereunder. Unless otherwise specified in the SCC, said remuneration shall be
fixed for the duration of the Contract.

(b) Payment for the Personnelshall be determined on the basis of time actually spent
by such Personnelin the performanceof the Servicesafter the date determined in
accordancewith ClauseGCC 2.3 and Clause SCC 2.3 (or such other date as the
Parties shall agree in writing), at the rates referred to in Clause SCC 6.2(b), and
subjectto price adjustment,if any, specifiedin ClauseSCC 6.2(a).

(c) Out-of-pocket expensesactually and reasonably incurred by the Consultant in the


performanceof the Services,as specifiedin ClauseSCC 6.2(c).

(d) The remuneration rates referred to under paragraph(b) here above shall cover: (i)
such salaries and allowances as the Consultant shall have agreed to pay to the
Personnel as well as factors for social charges and overhead (bonuses or other
means of profit-sharing shall not be allowed as an element of overhead), (ii) the
cost of backstopping by home offrce staff not included in the Personnellisted in
Appendix C, and (iii) the Consultant'sfee.

(e) Any rates specified for Personnelnot yet appointed shall be provisional and shall
be subject to revision, with the written approval of the Employer, once the
applicable salariesand allowancesare known.

(f) Paymentsfor periods of lessthan one month shall be calculatedon an hourly basis
for actual time spent in the Consultant's home office and directly attributable to
the Services(one hour being equivalentto llIT6th of a month) and on a calendar-
day basis for time spent away from home offrce (one day being equivalent to
1/30tnof a month).

6.3 Currency of Payment

Though prices are quotedin US Dollars, the ContractPrice shall be made and paid in
Korean Won, unlessspecifiedotherwisein the SCC. The conversionshall be made at
the averageof the telegraphictransfer selling rates of Korean Won against US Dollar
as quoted and publicly displayedby the Bank, during the one month period from the
sixteenth (16th) day of two calendar months prior to the month when the first
procurement contract for the consulting service is signed respectively,to the fifteenth
(15'n)day of one calendarmonth prior thereto.
,tE'
I 18 I. General Conditions of Contracl (Time'Based)

6.4 Mode of Billing and Payment

Billings and paymentsin respectof the Servicesshall be madeas follows:

(a) Within the number of days after the Effective Date specified in the SCC, the
Employer shall causeto be paid to the Consultant advancepayments as specified
in the SCC. When the SCC indicate advance payment, this will be due after
provision by the Consultant to the Employer of an advance payment guarantee
acceptable to the Employer in an amount (or amounts) specified in the SCC.
Such guarantee(i) to remain effective until the advancepayment has been fully
set of[, and (ii) to be in the form set forth in Appendix F hereto, or in such other
form as the Employer shall have approved in writing. The advancepayments will
be set off by the Employer in equal installaments against the statementsfor the
number of months of the Services specified in the SCC until said advance
paymentshave been fully set off.

(b) As soon as practicable and not later than fifteen (15) days after the end of each
calendar month during the period of the Services, or after the end of each time
intervals otherwise indicated in the SCC, the Consultant shall submit to the
Employer, in duplicate,itemized statements,accompaniedby copies of invoices,
vouchers and other appropriate supporting materials, of the amounts payable
pursuantto ClausesGCC 6.3 and GCC 6.4 for such month, or any other period
indicated in the SCC. Separatestatementsshall be submitted for payments from
foreign and local curency portions. Each statementshall distinguish that portion
of the total eligible costs which pertains to remuneration from that portion which
pertains to out-of-pocket expenses.

(c) The Employer shall pay the Consultant's statementswithin sixty (60) days after
the receipt by the Employer of such statementswith supporting documents. Only
such portion of a statementthat is not satisfactorily supported may be withheld
from payment. Should any discrepancybe found to exist between actual payment
and costs authorized to be incurred by the Consultant, the Employer may add or
subtract the difference from any subsequentpayments. Interest at the annual rate
specified in the SCC shall become payable as from the above due date on any
amount due by, but not paid on, such due date.

(d) The final payment under this Clauseshall be made only after the final report and a
final statement,identified as such, shall have been submitted by the Consultant
and approved as satisfactoryby the Employer. The Services shall be deemed
completed and finally accepted by the Employer and the final report and final
statementshall be deemedapproved by the Employer as satisfactory ninety (90)
calendar days after receipt of the final report and final statementby the Employer
unless the Employer, within such ninety (90) day period, gives written notice to
the Consultant specifying in detail deficiencies in the Services,the final report or
final statement. The Consultant shall thereupon promptly make any necessary
corrections, and thereafterthe foregoing process shall be repeated.Any amount,
which the Employer has paid or causedto be paid in accordancewith this Clause
in excessof the amountsactually payable in accordancewith the provisions of this
Contract, shall be reimbursedby the Consultant to the Employer within thirty (30)
rI. GeneralCondilions olContract (Time"Based) 119

days after receipt by the Consultant of notice thereof. Any such claim by the
Employer for reimbursementmust be made within twelve (12) calendar months
after receipt by the Employer of a final report and a final statementapproved by
the Employer in accordancewith the above.

(e) All payments under this Contract shall be made to the accountsof the Consultant
specifiedin the SCC.

(f) Paymentsin respectof remunerationor out-oipocket expenses,which exceedthe


cost estimatesfor theseitems as set forth in Appendices D and E, may be charged
to the respectivecontingenciesprovided for foreign and local currenciesonly if
such expenditureswere approvedby the Employer prior to being incurred.

(g) With the exception of the final payment under (d) above, payments do not
constituteacceptanceof the Servicesnor relieve the Consultantof any obligations
hereunder.

7. Fairnessand Good Faith

7.1 Good Faith

The Parties underlakesto act in good faith with respect to each other's rights under
this Contract and to adopt all reasonablemeasures to ensure the realization of the
objectivesof this Contract.

7.2 Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties hereby
agree that it is their intention that this Contract shall operate fairly as between them,
and without detriment to the interest of either of them, and that, if during the term of
this Contract either Party believes that this Contract is operating unfairly, the Parties
will use their best efforts to agree on such action as may be necessaryto remove the
causeor causesof such unfaimess,but no failure to agree on any action pursuant to
this Clauseshall give rise to a disputesubjectto arbitrationin accordancewith Clause
GCC 8 hereof.

zv
-tZO tt.C*

8. Settlementof Disputes

8.1 Amicable Settlement

If either Party objects to any action or inaction of the other Party, the objecting Party
may file a written Notice of Dispute to the other Party providing in detail the basis of
the dispute.The Party receivingthe Notice of Dispute will considerit and respondin
writing within 14 days after receipt. If that Party fails to respond within 14 days, or
the dispute cannot be amicably settled within 14 days following the responseof that
Parly, ClauseGCC 8.2 shall apply.

8.2 Dispute Resolution

Any dispute between the Parties as to matters arising pursuant to this Contract that
cannot be settled amicably according to Clause GCC 8.1 may be submitted by either
Party for settlementin accordancewith the provisions specified in the SCC.
IIL SpceialConditionsof Contac (Ths-Based)_ 12l

III. SpecialConditions of Contract

(Clausesin brackets { } are optional; all notesshould be deleted in the final text.)

Number of Amendments of, and Supplementsto, Clausesin the General Conditions of


GCC Clause Contract
{1.1(a)}
The Contract shall be construedin accordancewith the law of Pakistan.
1.6 The Addressesare:

Client : National Hishwav Authoritv


28^Mauve Area. G-gll- Islamabad.
Attention: GM G&CA)
Phone: 92-51-9032727
Facsimile: 92-51-9260419
Email: gmpca.nha@gmail.com

Consultant:
Attention:
Telephone:
Facsimile:
E-mail:
{1.8} {The Member in Chargeis [insert nameof memberJ]

Note: If the Consultant consists of a joint venture/ consortium/ association of


more than one entity, tlte name of the entity whose address is specffied in Clause
SCC 1,6 should be insertedhere. If the Consultantconsistsonly of one entity,
this ClauseSCC 1.8 should be deletedfrom the SCC.
1.9 The Authorized Representativesare:

For the Employer: Member (Planning)National Highway Authority


28. Mauve Area. G-9l1. Islamabad.

For the Consultant:


1.10
All taxes, duties, and levies imposedon consulting servicesin THE ISLAMIC
REPUBLIC OF PAKISTAN providedby the Consultantsfor the implementation
of the Project shall be either exemptedor borne by the Borrower.

,*Y
{2.r\ Korean EXIM Bank approval is condition precedentfor the contract to come into
force and effect. The Employer's Notice to Consultantshall be issuedseparately
for:-
(1) DetailedDesign
(2) TenderingAssistance
(3) ConstructionSupervision.
)) The time period shall be one month or such other time period as the parties may
agreein writing.
2.3 The time period from respectiveNotice to Commencementshall be:-

(1) DetailedDesign 2l days


(2) TenderingAssistance 7 days
(3) Construction
Supervision. 21 days
2.4 The time period shall be 06 monthsfor DetailedDesign (including 3- monthsfor
preparationof bidding), 03 months for Selectionand appointment of civil works
Contractor and 42 months for Construction Supervision.
3.4 The risks and coveraseshall be as follows:

(a) Third party motor vehicle liability insurancein respectof motor vehicles
operatedin the Government's country by the Consultant or its Personnel
or any Sub-Consultantsor their Personnel,with a minimum coverage of
Rs. l Million;
(b) Third party liability insurance, with a minimum coverage of Rs. 5
Million.
(c) Professional liability insurance, with a minimum coverage of Twice
contract amount as minimum cover.
(d) Consultant'sliability and workers' compensationinsurancein respectof
the Personnelof the Consultant and of any Sub-Consultants,in accordance
with the relevant provisions of the Applicable Law, as well as, with
respect to such Persorurel,any such life, health, accident, travel or other
insuranceas may be appropriate;and
(e) Insuranceagainst the loss of damageto (i) equipment purchasedin whole
or in part with funds provided under this Contract, (ii) the Consultant's
property used in the performanceof the Services,and (iii) any documents
preparedby the Consultant in the performanceof the Services.
{3.s(c)} The other actions are:

The Consultant shall get approval of the Client before taking the following
actions:
i) Issue Variation Orders to the Contractors except in case of
emergencyto protect life and / property;
ii) While communicating formal approval for any time extension to the
Contractor (s);

iii) While communicating formal approval against any cost claim (s) to the
Contractor (s); and

iv) While making I authorizing expendituresunder Provisional Sums


{3.7} The Consultants shall not use these documents for purpose unrelated to this
Contractwithout the prior written approval of the Employer.
t4.6\ The person designated as Team Leader/Project Manager in Appendix C shall
servein that capacity,as specifiedin ClauseGCC 4.6.
{s.u Note: List here any changesor additions to Clause GCC 5.1. If there are no
suchchangesor additions,deletethis ClauseSCC 5.1.
{s.1(e)} The Clause5.1 (e) is modified to readas:

'Assist the Consultant and the Personnel and any Sub-Consultants


employed by the Consultantfor the Servicesfrom any requirementto
register or obtain any permit to practice their profession or to
establish themselves either individually or as a corporate entity
according to the Applicable Law".

6.1(b) The ceiling amount is: [insert amount in US DollarsJ


ial Conditionsof Contract(Time-Based

{6.2(a)} {Paymentsfor remunerationmade in accordancewith ClauseGCC 6.2(a) shall be


adjustedas follows:
(a) Remuneration paid for foreign personnel pursuant to the rates set forth in
Appendix D shall be adjusted every 12 months (and, the first time, with
effect for the remunerationeamed in the 13thcalendarmonth after the date
of the Contract) by applying the following formula:

Ry=Rlo" -,
{" lo.t " *|l
where fiy is the adjusted remuneration, Ryois the remuneration payable on
the basis of the rates set forth in Appendix D for remuneration of foreign
personnel, 17is the official index for salaries in the country of the foreign
personnel for the first month for which the adjustment is supposedto have
effect, and lyois the official index for salaries in the country of the foreign
personnelfor the month of the date of the Contract.

(b) Remuneration paid for local personnel pursuant to the rates set forth in
Appendix D shall be adjusted every [insert numberJ months (and, for the
first time, with effect for the remuneration earned in the [insert numberJth
calendar month after the date of the Contract) by applying the following
formula:
It
R 1= R 1 e x t '
tlo

where R7is the adjusted remuneration,R7ois the remuneration payable on


the basis of the rates set forth in Appendix D for remuneration of local
persorurel,I is the offrcial index for salaries in the Employer's country for
the first month for which the adjustment is to have effect and, 16 is the
off,rcial index for salariesin the Employer's country for the month of the
dateof the Contract.)

6.2(b) The rates for Foreign Personneland for the Local Personnel be paid are
forth in Appendix D.

Note: According to the para. 6.3 of the Instructions to Consultants, the


Employer must requestthe Consultantsto submit certain representationsabout
the Consultants' salary and related costs, which representationsare then used
by the parties when negotiating the applicable remuneration rates. In this
case, the text set forth below should be used as Clause SCC 6.2@(ii) in the
SCC.
III. SnecialConditionsof Contract(Time-Basedr

The remuneration rates have been agreed upon based on the representations
made by the Consultantsduring the negotiation of this Contract with respect to
the Consultants' costs and charges indicated in the form "Consultants'
Representationsregarding Costs and Charges" contained in the Appendix
attachedto Section 4 "Financial Proposal - Sarnple Forms" of the RFP, and
submitted by the Consultants to the Employer prior to such negotiation. The
agreed remuneration rates are evidenced in the form 'oBreakdown of Agreed
Fixed Rates in Consultants' Contract," executed by the Consultants at the
conclusion of such negotiation; a model of such a form is attachedat the end of
these SCC as Model Form I. Should these representationsbe found by the
Employer (either through inspections or audits pursuant to Clause GCC 3.8
hereof or through other means) to be materially incomplete or inaccurate, the
Employer shall be entitled to introduce appropriate modifications in the
remuneration rates affected by such materially incomplete or inaccurate
representations.Any such modification shall have retroactive effect and, in case
remuneration has already been paid by the Employer before any such
modification, (i) the Employer shall be entitled to offset any excess payment
against the next monthly payment to the Consultants, or (ii) if there are no
fuither payments to be made by the Employer to the Consultants, the
Consultants shall reimburse to the Employer any excesspayment within thirty
(30) days of receipt of a written claim of the Employer. Any such claim by the
Employer for reimbursementmust be made within twelve (12) calendarmonths
after receipt by the Employer of a final report and a final statementapproved by
the Employer in accordancewith ClauseGCC 6.4(d) of this Contract.)
6.2(c) The out-of-pocket expensesto be paid are set forth in Appendix D.
6.3 The Contract Price shall be made and paid rn Korean Won.
124 III. SpecialConditionsof Contract(Time-Based)

6.4(a) The paymentwill be madeto the consultantaccordingto me given below:


(i) Detailed Design
A fixed LumpSum amount in local/foreign curency against
Detailed Design and Tendering Assistanceshall be paid to the Consultant
on the basisof deliverablesaccordingto the following schedule.

a) Advance payment upon signing of contract* 10%


b) Upon completionof Investigationand Studies I0%
c) Upon submissionof DetailedDesign 30%
d) Upon acceptanceof Detailed Design 20%
e) Upon submissionof Bidding Documents 10%
0 Upon provision of TenderingAssistanceServices20%
* Advance payment shall be made againstInevocable Bank Guaranteefor the
appropriateamount from an acceptableBank to the Employer.
(iD Construction Supervision
(a) The payment shall be made to the consultant on monthly basis
i.e. time based as soon as practicable and preferably within
thirty (30) days after the submission of invoice. The consultant
shall submit their invoice in duplicate to the client; supporting
document shall be submitted lbr reimbursable direct costs
expenditure,if any.
(b) 10 % of the remunerationand out-of-pocket expensesfor
Construction Supervision shall be madewithin 30 days after the
Notice to Commencefor mobilization efforts. The advance
payment will be set off by the Client in equal installments
againstthe statementsfor the first 12 months of the Services
commencing in the 2ndmonth until the advancepayment has
beenfully set off.
(c) Advance payment shall be made against Irrevocable Bank
Guaranteefor the appropriateamount from an acceptableBank
to the Employer.
6.4(e) The account is: [insert accountJ.
Paymentsshall be made to the bank account to be designatedby the Consultant
under Direct Payment Procedure stipulated by the Disbursement Procedures
underthe EDCF Loan.
8.2 Any dispute or difference arising out of this Contract or in connection therewith
which cannot be amicably settled accordingto Clause GC 8.1 shall be finally
settled under the Arbitration Act 1940 by one or more arbitrators appointed in
accordancewith the said Rules. The arbitration shall take place in Islamabad.
The resulting award shall be final and binding on the Parties and shall be in lieu
of any other remedy.
MODEL FORM I

S€€Noteto FormonClauseScC62(bxii)

BrerkdorynofAgr€edFiredRatesin Consdtrnt'8 Contr.ct


andawayfiom headquart€ts
th€bssicsalarieG
Weherebyconftm thal we haveagr€edto payto thesiatrmenbasliste4 whowill be involvedin this assignrnent,
(if
alowanc€s applicable) below:
indicared
in KoreanWon)
(Expressed

Personnel 2 J 4 5 6 7 8

BasicSalaryper Away from AgreedFixedRate AgreedFixedRate


Social Headquarters perWorking per Working
Name Position Working Overheadr Subtotal Fee2
Chargesr Allowance Month/Dav/Hour Month/Dav/Hour'
Month/Dav/Y'ear
Home Office

Field

I aspercentage
Expressed of 1
2 aspercentage
Expressed of4

Signature Date

Name:

Title:
'qa 'tod a^Daluouozo^'tod aroal4cts
'tod aun1"tatoo1 l(un 'ruautaquua:((n)t't
fi 329 asnnp) puuos.tad uZ1a"tog"tof patuu'rarcg
aql lo r(4unot aql u.to"{puz ol aunt p^Dq llauuos,Iadrby "tol4,to,t4lo s.lnoLlaql a"taqts!7
'E1qBno.try
I-J ut s,rpuuosnd "naqtot nadsa"t
qilil uoryowrotut awos !(aTqDIm^otpoa4o ll suuw1nsuo)-qnspad'o'tddnlo $t7 t-)
'["uunoc
s,luaurura(roD aql aplsflo \n/n ol pauSrcso aq ot puuos'ta4 tay nl It sD au,2s t-)
'puuosrad pcol hy 'to!
tt slt uo!rcru.tolu1
awng Z-J
c
pun' t't1t,rno
'qcna rct sqluout-.ffws
s,luawula^oD ary m 4.ro//to1pau&ssn aq oi puuosra1 u7p"rottay lo suo4ncE[t1onb
'saunu puoJ sap11
Lunwturutpuo suotldr"tcsapqof parywap '[a1qo1mmtpoa4n t! t-)
;rapun$!T :aroN
TflNNOSUSd AfllX UO.{
xuoa\ do sunoH - sJNvrrnsNoJ-sos (INY'If,NNoSutrdAtrX - J XIONf,ddV
'pailrutqnsaq ol a"n sLtoda.toufi 'cxaluorsstutqns
,,'alqnnlddn loN,, ahq ap$
'tcuanba.{ '\nut"rol
.{o sapp :waql a(rra)at ol suosnd lsl.toda"tto srya\un puv ts!7 :aroN
srNf,hrflurnof,u oNrruodflu - fl xl(INf,ddY
'c1a'.tatoldwg aqt tq pad.otddnaq ot syszt cg[1cads'sqsnrlua"tffip .tol acunu'r"tol'tadto
acold 'syszt snouna,lo uotrlaldwoc,tot sapp 'suotlnqo8aup)ruqcat 3u1mp ruDilnsuoJ aql puo
ntopwg aqt tQ ruo paynw acuanlay to sw'tal pu{ aqt apnpw 1ym npuaddy sry1 :arcN
sflJr^uf,s ,{o NorrdruJsf,o - Y xl(INf,ddY
'AI
strJr(INtrddY
(pesug-eun1)sectpu
LV-Appendices(Tuoc-Bqlpd) 129

ApprNorxD - Suivrvrn.Ry
oF Cosr Esrwnrus

Costs
Item Foreign Local Remarks
Currency Currency Sub Total
Portion Portion
Remuneration

Out-of-Pocket
Expenses

Total

Note: Provide the summaryof cost estimatesin the currencypursuant to Clause GCC 6.3 and
ClauseSCC 6.3.

Remuneration:

(a) Monthly ratesfor Foreign Personnel(Key Personneland other Personnel)

(b) Monthly ratesfor Local Personnel(other Personnel).

2. Out-of-pocketexpenses(items that are not applicable should be deleted; others may be


added):

(a) Per diem allowancesfor each of the Foreign or Local Personnelfor every day
in which such Personnelshall be absent from his home office and shall be
outside the Employer's country.

(b) Air transportfor Foreign Personnel:

(i) the cost of international transportation of the foreign Personnel by the


most appropriqte means of transport and the most direct practicable
route to andfrom the Consultants'homeffice; in the case of air travel,
this shall be by less thanfirst class,'

(iil for anyforeign Personnel spending twenty-four (24) consecutive months


or more in the Employer's country, one extra round trip will be
reimbursed for every twenty-four (24) months of assignment in the
Employer'scountry. SuchPersonnelwill be entitledto such extra round
trip only f upon their return to the Employer's country, such Personnel
are scheduledto servefor thepurposesofthe Projectfor afurther period
of not less than six (6) consecutivemonths.
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(P€se€:e-ulrJ)seer'u
t32 IV. Appendices(Time-Based)

AppnNox E - Durrns oF THEEnnpr.oynn

Note: List under:

F-l Services,facilities and property to be made available to the Consultant by the Employer.

F-2 Professional and support counterpartpersonnel to be made available to the Consultant


by the Employer.
_ IY-4pp_e14!!q9{Time-B
ased)

Appnxrrx F - S.llr,tpr-nFoRvr oF ADvANcE PAyMENTSGua,naNrnn

Note: SeeClauseGCC 6.4h) and ClauseSCC 6.4@.

Bank Guarantee for Advance Payment

[Bank's Name,andAddressof IssuingBranchor OfficeJ

Beneficiary: [NameqndAddressof EmployerJ

Date:

ADVANCE PAYMENT GUARANTEE No.:

We have been informed that [name of Consulting FirmJ (hereinafter


"the Consultants") has entered into Contract No. [referencenumberof the
contractJ dated with you, for the provision of Ibrief
description of ServicesJ(hereinaftercalled "the Contract").

Furthermore, we understandthat, according to the conditions of the Contract, an advance


payment in the sum of [amount in figuresJ (_."
[amount in words] is to be made against an advancepayment guarantee.

At the request of the Consultants,we [nameof BankJherebyirrevocably


undertake to pay you any sum or sums not exceedins in total an amount of
[amountin figuresJ ( ) [amount in wordsJ' upon receipt by us of
your first demand in writing accompaniedby a written statementstating that the Consultants
are in breach of their obligation under the Contract becausethe Consultants have used the
advancepayment for purposesother than toward providing the Servicesunder the Contract.

It is a condition for any claim and payment under this guaranteeto be made that the advance
payment referred to above must have been received by the Consultants on their account
number at [name and addressof BankJ.

The Guarantorshall insertan amountrepresenting the amountof the advancepaymentand


denominated of theadvancepayment
eitherin thecurrency(ies) as specified or in a
in the Contract,
freelyconvertible
currency to the Employer.
acceptable
-i3 (Time-Based)
IV. Appendices

The maximum amount of this guaranteeshall be progressively reduced by the amount of the
advance payment repaid by the Consultants as indicated in copies of certified monthly
statementswhich shall be presentedto us. This guaranteeshall expire, at the latest, upon our
receipt of the monthly payment certificate indicating that the Consultants have made full
repaymentoftheamountoftheadvancepayment,oronthe-dayof-,2-,,
whichever is earlier. Consequently, any demand for payment under this guaranteemust be
received by us at this office on or before that date.

This guaranteeis subject to the Uniform Rules for Demand Guarantees,ICC Publication No.
458.

Isignature(s)J

Note: All italicized text is for indicative purposes only to assist in preparing this form and
shall be deletedfromthefinal product.

lnsertthe expected expiration


date.In the eventof an extensionof the timefor completionof the
Contract,the Employer wouldneedto requestan extension of this guaranteefromthe Guarantor.
Suchrequestmustbe in writingand mustbe madepriorto the expiration dateestablishedin the
guarantee. In preparingthisguarantee,the Employer mightconsider addingthefollowingtextto the
form,at the end of the penultimate paragraph:
"TheGuarantor agreesto a one-timeextension of
this guarantee for a periodnot to exceed[six months][oneyear],in responseto the Employer's
writtenrequestfor suchextension, suchrequestto be presented to the Guarantorbeforethe expiry
of theguarantee."
DETAILED EVALUATION CRITERIA
CONSULTINGSERVICES(CONSULTANT)FOR DETAILED
ENGINEERINGDESIGNAND CONSTRUCTIONSUPERVISION
OF THE MALAKAND TUNNEL CONSTRUCTIONPROJECT

July 2014
DETAILED EVALUATION CRITERIA
CONSULTING SERVICES FOR DETAILED ENGINEERING DESIGN AND
CONSTRUCTION SUPERVISION OF THE MALAKAND TUNNEL
CONSTRUCTION PROJECT

A. EVALUATION METHODOLOGY AND CRITERIA

1. Overview:
Evaluation of each Technical Proposal shall be carried out in compliance with 2
stepsas follows;

- Step 1: In the preliminary evaluationstep,each submittedTechnicalProposalshall be


examinedits eligibility of and conformity with the stipulationsin Requestfor
Proposals(RFP).

- Step2: In detailed evaluationstep, each TechnicalProposalshall be evaluatedbased


on the followins evaluationcriteria:

No. Evaluation Criteria Point


I Experienceof the Consultant 150
2 Methodology and Work Plan 250
3 Key ProfessionalStaff' qualifications& competence 600
Total 1000

The Consultantmust gaina minimum of 750 points for his technicalproposal and the
points obtainedfor each criterion (from No.l to 3) must be 50 Yoor more of the total
points assigned.

Evaluation results shall be ranked from the highest to lowest. The evaluation results
shall be submitted to Korea Eximbank and Ministry of Transport for approval. The
highest-rankedConsultantshall be invited to enter into financial negotiation.In the case
that the Partiesare unableto reachan agreementon financial issues,the Employer shall
invite the next highest ranked Consultant to enter into financial negotiation, until a
satisfactorycontract is obtained.

z-\t
2. Preliminary Examination (Step 1):

Each submitted Technical Proposal shall be examined its eligibility for and
conformity with the stipulationsin the RFP as follows.

Sr. Result
Items
No. Pass Fail
Submissionof aTechnical Proposalwithin due time
I
at the designatedlocation.

2 Submissionof an original proposalas per RFP.

a
Submissionof eligible Joint VentureAgreementin
J
caseof a Joint Venture
ProperPower of Attorney and eligible signatures
4
presenton the TechnicalProposal.
One Consultantshall participate in only one
5 proposalas the Prime Consultant or a Member of
Joint Venture.
TechnicalProposalshall not include any Financial
6
information
Submissionof Form of "Anti-Corruption andAnti-
7
MalpracticeDeclaration".
Submissionof sufficientnumberof copiesof
8
proposals.
The validity period of the proposalmeetsthe
9
requirementin the RFP.
. Each of the abovecriterionsshall be examined"Pass"or o'Fail".
o A technical proposal shall be disqualified if any one of the above criteria is
examined o'Fail". This technical proposal will not be continuous evaluatedin
detailedevaluationstep.
ci\b
3. Evaluation Criteria and Weighting System(Step2):

Eachtechnicalproposalshall be evaluatedas follows.

Evaluation Criteria Point

I Experienceof the Consultant 1s0


I Experience in similar projects. 105
2 Experience in similar areasand conditions 45
'Work
II Methodology and Plan 250
1 Technical approachand methodology 100
2 Work Plan 100
a
J Or ganrzatronand staffing 50
ilI Key ProfessionalStaff's Qualifications & Competence 600
I DetailedDesign& Preparationof Bidding Documents 350
2 ConstructionSupervision 250
Total 1000

t. The Consultantmust gain minimum 750 points for his TechnicalProposaland


the points for each of the above evaluation criterion from I to IV must be 50o/o
or more.
2. The Consultantwith the highest points shall be rankedthe first.

3. Experienceof the Consultantcomposing Joint Ventures/Associationsshall be


evaluatedseparatelyand addedaccordingto their respectiveshare-holdingratio.

d-P
B. DETAILED EVALUATION ON TECHNICAL PROPOSAL

1. Experienceof the Consultant (150 points):

Experienceshould be evaluatedonly on the following types of work for projects


implementedduring last fifteen yearsfrom the closing date of Proposalsubmission.

Sub-
Classification Point Detail Evaluation
Score
Number of projects undertaken with
the minimum total lensth of tunnel
more than 1.0 km.
In case of projects undertaken as a
joint venture, number of projects shall
be multiplied by the ratio of
No. of
shareholding and rounded off to whole
projects
number.
Experience in with the
similar projects Detailed
r0s 50 The following rating system shall be
i.e. road turmel Design
projects. consulting applied:
service,
Above 10 Projects 100%
8-10 Projects 90%
5-7 Projects 80%
2-4Projects 70%o
1 Project 50%

4+
Classification Point Evaluation

Number of projects undertaken with


the minimum total lensth of tunnel
more than 500 m.
In case of projects undertaken as a
joint venture, number of projects shall
No. of be multiplied by the ratio of
projects shareholdingand rounded off to whole
with number.
construction
supervision The following rating system shall be
consulting applied:
service.
Above5 Projects
4-5 Projects
3-4Projects
2-4 Projects
1 Project
Number of consulting projects that includes
tunnel construction conducted with contract
value that exceeds500.000US Dollars.

* The following weights shall be multiplied to


Experience in the number of projects (5 Projects):
similar areas* and
conditions in the ( 5x 9 ) : 4 5 in Asia (outsideKorea)1.0
Experience
last ten years (For Experience
overseas (outsideAsia) 0.6
Korean Firms)
In caseofprojects undertakenas ajoint venture,
number of projects shall be multiplied by the
ratio of share holding. The fractions in number
of projects shall be rounded off to whole
number.
2. Adequacy of the proposed methodology and work plan in responding to the
Terms of Reference(250 points):

Sub-criteria Detailed Criteria Point

- Understandingof the assignment 20


a) Technical
Approach and - Approach and methodology for carcyingout the activities of the
Methodology 60
assignmentand obtaining the expectedoutput
(100 points)
- Innovativeness 20

- Adequacy of carrying out the main activities of the assignment 60


b) Work Plan
(100points)
- Adequacy of the work schedulefor eachstage 40
c) Organization - Adequacy of the team composition and assignedtasks 30
and Staffing
(50 points) - Adequacy of the staffing schedule(including organizationchart) 20

Note: Thefollowing rating systemshall be applied:


- Very Good: 90Yo<X<100%
- Good: 75Yo<X < 90oh
- Satisfactory: 50%<x<750
- Poor: x<500
aQ-
3. StafPsqualificationsand competence
Key Professional for the Services
(600points)
3.1. Weightgivento eachmember

Position

i _ i International
International Consultants (Korean Nationals)
Consultants (Korean Nationals) !i
iI. 250 Points
i : (Detailed Design)

, e. : Soil / Material Engineer


i
i
^
t.
i --
:Hydrologtst !ts
Architect i 10
i h. i ElectricalEngineer "io
l0
:,:^
10
i k. i Procurement
Specialist 15
:
! l. : SocialDevelopment/ ResettlementSpecialist 10

l0
10
IO
i i^ i
i p. : ueologlst 10
l5
10
i : International Consultants i
:IIl nO points
170 points
(Con;{rucfionSupervision) i
i a. j Team Leader/PM/ResidentEngineer 65
: b. i Tunnel Engineer ;;
35
ti

i d. i GeoTechnicalEngineer 35
i : National Consultants
:IIIi i 100 points
100 points
i

10
,10
: b. i Road Engineer-.22
RoadD_esign
Design_Engineg! .io
Engineer:2
Bridge/Structure i 10
i e. : TururelEngineer - 1
2l-+>
!i Sr. i: -^-:1!^- i
Position
-i, ,i Point i
;No.i

:l0i i

i h. i SoitI MaterialEngineer- 2 10 i
! l. i H yd ro l o g i st-l ! l0 i
i j.
iHydrologist-2 ; l0 i
i i NationalConsultants
-. --: - -. i i
i r y i .:------ . . 8o points ;
i i (ConstructionSupervision) i i
i a. : Bridge/StructureEngineer , 20 :
! U. i TunnelEngineerI i 20 i
i'

Note: All Foreign Stffi must be Korean Nationality, non Korean Nationality will be given zeropoint.

3.2. Rating Level


Eachmemberof the Consultantshall be evaluatedas follows:

Sr.
Evaluation Criteria Evaluation Percentage(o/o)
No.
I General qualifications 30
z Suitability for the Services 60
J Experiencein region and language 10
Total 100

3.2.1.General qualifications(30% points):


For evaluationof the generalqualifications,the following ratingsshall be used:

Sr. Rating
General Qualification
No.
I Educational Background & Qualification
- Ph.D. / P.E.(ProfessionalEngineer) or Equivalent t00%
(e.g., Charted Engineer (C.E.) etc.)
- MasterDegree 90%
- Bachelor Degree 70%
- below Bachelor Desree 50%

D,P
3.2.2Suitabilityfor the Services(60% points)
For evaluationof the suitability for the services,the following ratingsshall be used.

Suitability for the Services


No. Experiencein similar position and in No. of Rating
Position
specifiedfield Projects*

A. Detail Design & Procurement Support (International Stafl)


Minimum 15 years of relevant experience and 5 5 projectsor
t00%
years of experiencein position as Project Manager / more
Team Leader of basic and/or detailed design
TeamLeader/ 4 projects 80%
I consultingservicein road project with the minimum
ProjectManager
total length of tunnel more than l 0 km. Minimum 2 3 projects 60%
design consulting service experiences completed
2 project 40%
tunnel project.
5 projectsor
Minimum 10 years of relevant experience and 8 r00%
more
years of experience in position as Road Design
RoadDesign Engineer of basic and/or detailed design consulting 4 projects 80%
2.
Engineer service in road project. Minimum 2 design
3 projects 60%
consulting service experiences completed road
project. 2 project 40%

5 projectsor
Minimum 10 years of relevant Minimum 10 years t00%
more
of relevant experienceand 8 years of experiencein

a
Bridge/ Structure position as Bridge Design Engineer of basic and/or 4 projects 80%
J
Engineer detailed design consulting service in road project.
3 projects 60%
Minimum 2 design consulting service experiences
completedbridgeproject. 2 project 40%

5 projectsor
100%
more
Minimum 10 years of relevant experience and 8 4 projects 80%
yearsof experiencein position as Tunnel Engineerof
basic and/or detailed design consulting service in 3 projects 60%
4 Tunnel Ensineer
road project with the minimum total length of tunnel
more than L0 km. Minimum 2 design consulting
serviceexperiencescompletedtunnel project. 2 project 40%

t0
Suitability for the Services
No. No. of Rating
Experiencein similar position and in
Position
specified field Projects*
5 projectsor
r00%
Minimum 10 years of relevant experience and 5 more
years of experiencein position as Hydrologist of
4 projects 80%
5 Hydrologist basic and/or detailed design consulting service in
road project. Minimum 2 design consulting service 3 projects 60%
experiencescompletedroad/roadtunnel project.
2 project 40%

5 projectsor
Minimum 10 years of relevant experience and 5 t00%
more
years of experiencein position as Soil / Material
Soil / Material Engineer of basic and/or detailed design consulting 4 projects 80%
6
Engineer service in road project. Minimum 2 design
3 projects 60%
consulting service experiencescompleted road/road
tunnel project. 2 project 40%

5 projectsor
r00%
Minimum 10 years of relevant experience and 5 more
years of experiencein position as Architect of basic
4 projects 80%
l Architect and/or detaileddesign consulting serrice. Minimum
2 design consulting service experiencescompleted 3 projects 60%
infrastructureproj ect.
2 project 40%

5 projectsor
Minimum 10 years of relevant experience and 5 r00%
more
years of experiencein position as Electrical Engineer
Electrical of basic and/or detaileddesign consulting service in 4 projects 80%
8
Engineer road and tunnel project. Minimum 2 design
3 projects 60%
consulting service experiences completed
infrastructureproject. 2 project 40%

5 projects or
t00%
more
Minimum l0 years of relevant experience and 5
4 projects 80%
years of experience in position as Mechanical
Mechanical Engineer of basic and/or detailed design consulting 60%
9 3 projects
Engineer service in road and tunnel project. Minimum 2
40%
design consulting service experiences completed
infrastructureproject. 2 project

ll
Suitabilify for the Services
No. Rating
Experiencein similar position and in No. of
Position
specified field Projects*
5 projectsor
Minimum 10 years of relevant experience and 5 r00%
more
years of experiencein position as Environmental
Environmental Specialistof basic and/or detailed design consulting 4 projects 80%
l0
Specialist service in road and tunnel project. Minimum 2
3 projects 60%
design consulting service experiences completed
road/tunnel project. 2 project 40%

5 projectsor
Minimum 10 years of relevant experience and 5 r00%
more
years of experience in position as Procurement
Procurement Specialist in infrastructure civil works procurement 4 projects 80%
11
Specialist applying EDCF's or other ODA donors'procurement
3 projects 60%
Guidelines. Minimum 2 design consulting service
experiencescompletedinfrastructureproject. 2 project 40%

5 projectsor
Minimum l0 years of relevant experience and 5 r00%
more
Social years of experience in position as Social
Development Development / Resettlement Specialist of basic 4 projects 80%
12
Resettlement and/or detailed design consulting service in road /
3 projects 60%
Specialist tunnel project.Minimum 2 design consultingservice
experiencescompletedroad/tunnelproject. 2 project 40%

Minimum 10 years of relevant experience and 5 5 projectsor


I 00%
years of experiencein position as Cost / Quantity more
Estimatorof basic and/or detailed design consulting
Cost / Quantity 4 projects 80%
13 servicein road projectwith the minimum total length
Estimator
of tunnel more than 1.0 km. Minimum 2 design 3 projects 60%
consulting seruice experiences completed
2 project 40%
infrastructureproject.
5 projectsor
r00%
more
Minimum 10 years of relevant experience and 5
years of experience in position as Road Safety
4 projects 80%

Road Safety Specialistof basic and/or detailed design consulting


t4 3 projects 60%
Specialist service in road/tunnelproject. Minimum 2 design
40%
consulting service experiences completed
road/tunnelproject. 2 project

t2
Suitability for the Services
No. Rating
Experience in similar position and in No. of
Position
specified field Projects*
Minimum l0 years of relevantexperienceand 5 5 projectsor
r00%
in positionasTenderDocument/ more
yearsof experience
ProcurementSpecialist by applying EDCF's or
Tender Document 4 projects 80%
l5 other ODA donors' procurementGuidelinesin
Specialist
infrastructureproject.Minimum 2 designconsulting 3 projects 60%
service experiences completed infrastructure
2 project 40%
projects.
5 projects or
Minimum l0 years of relevant experienceand 5 t00%
more
yearsof experiencein position as Geologistof basic
and/or detailed design consulting service in road 4 projects 80%
l6 Geologist
project with the minimum total length of tunnel more
3 projects 60%
than L0 km. Minimum 2 design consulting service
experiencescompletedtunnel project. 2 project 40%

Minimum l0 years of relevant experienceand 5 5 projectsor


100%
years of experience in position as Geotechnical more
Engineer of basic and/or detailed design consulting
Geotechnical 4 projects 80%
t7 service in road project with the minimum total length
Engineer
of tunnel more than 1.0 km. Minimum 2 design 3 projects 60%
consulting service experiences completed tunnel
2 project 40%
project.
5 projectsor
Minimum 10 years of relevant experienceand 3 t00%
more
yearsof experiencein position as Chief Surveyorof
basic and/or detailed design consulting service in 4 projects 80%
1 8 ChiefSurvevor
road project with the minimum total length of tunnel
3 projects 60%
more than 1.0 km. Minimum 2 design consulting
senriceexperiencescompletedtunnel project. 2 project 40%

B. Construction Supervision (International Staft)


Minimum 15 years of relevant experienceand 5 4 projectsor
r00%
yearsofexperience in position as TeamLeader/ PM more
/ Resident Engineer of construction supervision
Team Leader I 3 projects 80%
consultingservicein road project with the minimum
1 PM / Resident
total length of tunnel more than 500 m and of project
Engineer
more than 5km. Minimum 2 construction
2 project 60%
supervision consulting service experiences
completedtunnel project.
Suitabilitv for the Services
No. Rating
Experiencein similar position and in No. of
Position
specifiedfield Projects*
Minimum 10 years of relevant experience and 5 4 projectsor
r00%
yearsof experiencein position as Tunnel Engineerof more
constructionsupervisionconsultingservicein road
3 projects 80%
2 Tunnel Eneineer projectwith the minimumtotal lenglhof tunnelmore
than 500 m. Minimum 2 constructionsupervision
consulting service experiencescompletedtunnel 2 project 60%
project.
Minimum l0 years of relevant experience and 5 4 projectsor
r00%
years of experiencein position as Soil / Material more
Engineer of construction supervision consulting
3 projects 80%
a
Soil / Material servicein road projectwith the minimum total length
J
Engineer of tunnel more than 500 m and of project more than
5 km. Minimum 2 construction supervision
2 project 60%
consultingserviceexperiencescompletedroad / road
tunnel project.
Minimum l0 years of relevant experience and 5 4 projectsor
r00%
years of experience in position as Geo-Technical more
Engineer of construction supervision consulting
Geo-Technical 3 projects 80%
4 seruicein road projectwith the minimum total length
Engineer
of tunnel more than 500 m. Minimum 2 construction
supervision consulting service experiences 2 project 60%
completed tunnel project.
C. Detail Design & Procurement Support (National Staff)
5 projectsor
r00%
more
Minimum 10 years of relevant experience and 8
Road Design years of experience in position as Road Design 4 projects 80%
I
Engineer Engineer of basic andlor detailed design consulting
3 projects 60%
seryicein road project.

2 project 40%

5 projectsor
t00%
Minimum l0 years of relevant experience and 8
more
Bridge / Structure years of experiencein position as Bridge / Structure 4 projects 80%
2
Engineer Engineer of basic and/or detailed design consulting
3 projects 60%
servicein road project.
2 project 40%

AJ'P
14
Suitabilify for the Services
No. Experiencein similar position and in No. of Rating
Position
specified field Projects*
5 projectsor
t00%
more
Minimum 10 years of relevant experienceand 3

a
Soil / Material years of experience in position of Soil/Material 4 projects 80%
J
Engineer Engineer of basic andlor detailed design consulting
3 projects 60%
servicein road project.

2 project 40%
5 projects or
r00%
Minimum 10 years of relevant experienceand 5 more
yearsof experiencein position as Tunnel Engineerof
4 projects 80%
4 Tunnel Ensineer basic and/or detailed design consulting service in
infrastructureproject. Minimum 2 design consulting 3 projects 60%
serviceexperiencesin tunnel project.
2 project 40%

5 projectsor
100%
more
Minimum 10 years of relevant experienceand 5
years of experiencein position as Hydrologist of 4 projects 80%
5 Hydrologist
basic and/or detailed design consulting service in
3 projects 60%
road project.

2 project 40%
5 projectsor
r00%
more
Minimum 10 years of relevant experienceand 5
Electrical yearsof experiencein position as ElectricalEngineer 4 projects 80%
6
Engineer of basic andlor detaileddesign consulting servicein
3 projects 60%
infrastructureproj ect.

2 project 40%
5 projects or
r00%
more

Minimum l0 years of relevant experienceand 5


4 projects 80%
Mechanical years of experience in position as Mechanical
7 3 projects 60%
Engineer F.noineer of hqsic cndlor deteiled dec'ion conqrrhino

project.
servicein infrastructure
40%

2 project

el+
l5
Suitability for the Services
No. Rating
Experiencein similar position and in No. of
Position
specifiedfield Projects*
5 projects or
100%
Minimum 10 years of relevant experience and 5 more
years of experiencein position as Architect of basic
4 projects 80%
qnA/ar rlefeiled qervice
8 Architect deqion concrrhino Minimrrm

2 design consulting service experiencescompleted 3 projects 60%


infrastructure proj ect.
2 project 40%

5 projectsor
Minimum l0 years of relevant experience and 5 t00%
more
years of experience in position as Environmental
Environmental Specialistof basic andlor detaileddesignconsulting 4 projects 80%
9
Specialist seruice in road / tunnel project. Minimum 2 design
3 projects 60%
consulting service experiences completed
road/tunnel project. 2 project 40%

5 projectsor
Minimum 10 years of relevant experienceand 5 r00%
more
years of experience in position as Procurement
Procurement Specialist in infrastructurecivil works procurement 4 projects 80%
10
Specialist applying EDCF's or other ODA donors' procurement
3 projects 60%
Guidelines. Minimum 2 design consulting service
experiencescompleted infrastructureproject. 2 project 40%

5 projectsor
Minimum 10 years of relevant experienceand 5 t00%
more
Social years of experience in position as Social
Development / Development / Resettlement Specialist of basic 4 projects 80%
11
Resettlement and/or detailed design consulting service in road /
3 projects 60%
Specialist tunnel project. Minimum 2 designconsultingservice
experiencescompleted road/tunnelproject. 2 project 40%

5 projects or
100%
more
Minimum 10 years of relevant experienceand 5
4 projects 80%
years of experience in position as Cost / Quantity
Cost / Quantity Estimator of basic andlor detaileddesignconsulting 3 projects 60%
T2
Estimator service in road project. Minimum 2 design
40%
consulting service experiences completed road
project. 2 project

l\b
t6
Suitability for the Services
No. Rating
Experience in similar position and in No. of
Position
specified field Projects*
5 projectsor
Minimum 10 years of relevant experience and 5 t00%
more
years of experience in position as Road Safety
Road Safety Specialistof basic and/or detailed design consulting 4 projects 80%
13
Specialist service in road/tunnel project. Minimum 2 design
3 projects 60%
consulting service experiences completed
road/tunnel project. 2 project 40%

Minimum 10 years of relevant experience and 5 5 projectsor


r00%
yearsof experiencein position as TenderDocument/ more
Procurement Specialist by applying EDCF's or
Tender Document 4 projects 80%
I4 other ODA donors' procurement Guidelines in
Specialist
infrastructure project. Minimum 2 design consulting 3 projects 60%
service experiences completed infrastructure
2 project 40%
projects.
5 projectsor
t00%
Minimum 10 years of relevant experience and 5 more
years of experiencein position as Geologistof basic
4 projects 80%
l5 Geologist andlor detailed design consulting service in tunnel
project. Minimum 2 design consulting service 3 projects 60%
experiencescompletedtunnel project.
2 project 40%

5 projectsor
Minimum 10 years of relevant experience and 5 100%
more
years of experience in position as Geotechnical
Geotechnical Engineer of basic and/or detailed design consulting 4 projects 80%
I6
Engineer service in tunnel project. Minimum 2 design
3 projects 60%
consulting service experiences completed tunnel
project. 2 project 40%

5 projectsor
100%
more
Minimum 10 years of relevant experience and 3 4 projects 80%
years of experiencein position as Chief Surveyor of
t7 Chief Surveyor basic and/or detailed design consulting service in 3 projects 60%
road I tunnel project. Minimum 2 design consulting 40%
serviceexperiencescompletedroad/tunnelproject.
2 project

t7
Suitability for the Services
No. Rating
Experiencein similar position and in No. of
Position
specified field Projects*
D Construction Supervision (National Staff)
4 projectsor
Minimum 10 years of relevant experienceand 5 t00%
more
Bridge/Structure years of experience in position as Bridge / Structure
1 3 projects 80%
Engineer Engineer of Construction Supervision in road /
bridgeprojects.
2 project 60%
4 projectsor
of design/
Minimum10yearsof relevantexperience r00%
more
supervisionconsultingservicein road
Tunnel Engineer construction
2 3 projects 80%
1) structures/ geotechnicalprojects / bridge / tunnel
projects.
2 project 60%
4 projectsor
Minimum 10 years of relevant experienceand 3 100%
more
Soil I Material years of experience in position as Soil I Material
J
Engineer Engineer of construction supervision consulting
3 projects 80%

servicein roadlbridgeltunnelprojects.
2 project 60%

Minimum l0 years of relevantexperienceand 5 4 projects or


t00%
years of experiencein position as Architect of more
4 Architect construction supervision consulting ser'rice. 3 projects 80%
Minimum 2 supervision consulting service
completedinfrastructureproject.
experiences 2 project 60%

Minimum 10 years of relevant experienceand 5 4 projects or


r00%
yearsof experiencein position as ElectricalEngineer more
Electrical of construction supervision consulting service in
5 3 projects 80%
Engineer road I tunnel project. Minimum 2 construction
supervision road / tunnel completed consulting
2 project 60%
serviceexperiences.
4 projectsor
r00%
more
Minimum l0 years of relevant experienceand 5
years of experience in position as Mechanical 3 projects 80%
Mechanical Engineer of construction supervision consulting
6 60%
Engineer service in road / tunnel project. Minimum 2
construction supervision road I tunnel completed
2 project
consultingserviceexperiences.

,/\F
Suitabilify for the Services
No. Rating
Experience in similar position and in No. of
Position
specifiedfield Projects*
Minimum 10 years of relevant experience and 5 4 projectsor
r00%
years of experience in position as Environmental more
Environmental Specialist of construction supervision consulting
7 3 projects 80%
Specialist service in road / tunnel project. Minimum 2
construction supervision road I tunnel completed
2 project 60%
consultingserviceexperiences.
Minimum l0 years of relevant experience and 5 4 projectsor
r00%
years of experience in position as Social more
Social
Development / Resettlement Specialist of
Development / 3 projects 80%
8 constructionsupervisionconsultingservicein road /
Resettlement
tunnel project. Minimum 2 constructionsupervision
Specialist
road / tunnel completed consulting service 2 project 60%
experiences.
Minimum 10 years of relevant experience and 5 4 projectsor
t00%
yearsof experiencein position as Quantity Surveyor more

Quantity of construction supervision consulting service in


9 3 projects 80%
Surveyor road I tunnel project. Minimum 2 construction
supervision road / tunnel completed consulting
2 project 60%
serviceexperiences.
Minimum l0 years of relevant experienceand 3 4 projectsor
t00%
yearsof experiencein position as Chief Surveyor of more
constructionsupervisionconsultingservicein road /
l0 Chief Surveyor 3 projects 80%
tunnel project. Minimum 2 constructionsupervision
road / tunnel completed consulting service
2 project 60%
experiences.
4 projects or
Minimum 5 years of relevant experience of
r00%
more
11 lnspector1,2 constructionsupervisionconsultingservicein road /
3 projects 80%
tunnel project.
2 project 60%
4 projectsor
Minimum 5 years of relevant experience of r00%
more
12 Lab Engineer constructionsupervisionconsultingservicein road /
3 projects 80%
tunnel project.
2 project 60%
* Relevantprojectsdonein thelast I 5 yearsfrom thesubmission
dateofproposal
Note: The experts who do not meet the minimum qualification will score 0 for under criterion
" suitabiliry for the services
/E
l9
3.2.3.Experiencein region and language(I0% points):

For evaluationof the experiencein region and language,the following ratingsshall


be used.
Sr. Max.
Experiencein region and language
No. Ratine
INTERNATIONAL STAFF
Number of project participation with basic and/or detailed design and/or
construction supervision consulting services of road construction projects in
Asian Countries (outside Korea).
1 Experience in region and languagefor international staff with respect
to constructionsite will be ratedas follows:-
r00%
(None-00/o,1 proj ect-50Ya,2 andmore proj ects-100%)

NATIONAL STAFF
Number of project participation with basic and/or detailed design and/or
construction supervision consulting services of road construction projects in
Asian Countries (outside Pakistan).
2. Experience in region and languagefor national staffs with respect to
the constructionsite locatedoutsidePakistanwill be rated as follows:-
r00%
andmoreprojects-100%)
1 project-50%o,2
Qllone-0o%,

20

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