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RFP Selection of Consulting Firm (International)

The document is a request for proposal from the Government of Bangladesh's Roads and Highways Department for consulting services to support the improvement of a highway into 4 lanes through a public-private partnership. It provides details on the project background and scope, the selection process which will be quality and cost based, and instructions for interested consultants on the proposal submission process. Consultants must inform the Project Director in writing within 2 days if they intend to submit a proposal alone or with other consultants. The RFP includes sections on instructions to consultants, the proposal data sheet, contract terms, the proposal and contract forms, and the terms of reference for the scope of work.

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Abhinav Bhardwaj
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© © All Rights Reserved
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0% found this document useful (0 votes)
66 views

RFP Selection of Consulting Firm (International)

The document is a request for proposal from the Government of Bangladesh's Roads and Highways Department for consulting services to support the improvement of a highway into 4 lanes through a public-private partnership. It provides details on the project background and scope, the selection process which will be quality and cost based, and instructions for interested consultants on the proposal submission process. Consultants must inform the Project Director in writing within 2 days if they intend to submit a proposal alone or with other consultants. The RFP includes sections on instructions to consultants, the proposal data sheet, contract terms, the proposal and contract forms, and the terms of reference for the scope of work.

Uploaded by

Abhinav Bhardwaj
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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Government of the People's Republic of Bangladesh


Office of the Project Director (SE), RHD
Roads and Highways DePartment
Support to Improvement of Hatirjheel (Rampura Bridge)-
Shekherjaiga-Amulia-Demra Road (With link to Tarabo
and Chittagong Road) Highway into 4-lanes through PPP
Sarak Bhaban, Tejgaon, Dhaka

REQUEST FOR PROPOSAL


FOR
SELECTION OF CONSULTING FIRM (INTERNATIONAL)
FOR

,,Project Implementation Consultancy service for Support to [mprovement of


Hatirjheel (Rampura Bridge)-Shekherjaiga-Amulia-Demra Road (With link to
Tarabo and Chittagong Road) Highway into 4Janes through PPP"

(Time Based)

Invitation for Proposal No. : 35.00 .2666.070.07.037.21-1291


Issued on : 23 February,2022
Proposal Package No. : RAD/SP-O2
Letter of
Government of the People's Republic of Bangladesh
Offrce of the Project Director (SE), RHD
Support to hrprovement of the Hatirjheel-Rampura Bridge-Bonoshree-
Sheikherjaiga-Arrulia-Dernra Highway (with link to Tarabo
and Chittagong road) into 4-lanes through PPP
Roads and Highways Department (RHD)
Part-B, Level-02, Sarak Bhaban, Tejgaon, Dhaka-1208
E-mail: [email protected]

Memo No.:35 .01 .2666.070.07 .037 .21 -129 1 Date:23'd February 2022.

To

Dear Mr. /Ms.:

t Thc Govemment of the People's Rcpublic of Bangladcsh has allocated public funds for thc cost of "Project
lmplementation Consultancy Service for Support to Improvement of Hatirjheel (Rampura Bridge)-
Shekherjaiga-Amulia-Demra Road (With Link to Tarabo and Chittagong Road) Highway into 4-Lanes
through PPP" and intends to apply a portion of the funds to eligible payments under the Contract for which
this Request for Proposal (RFP) Document is issued.

2 The ottice oJ the undersigned now invites proposals to provide the following consulting services:"Project
lmplementation Consultancy Service for Support to lmprovement of Hatirjheel (Rampura Bridge)-
Shekherjaiga-Amulia-Demra Road (With Link to Tarabo and Chittagong Road) Highway into 4-Lanes
through PPP". More details on the services are provided in the Terms of Reference.

3. This Letter of Invitation and the RFP Document has been issued to the following shortlisted Consultants:

i. MSV International Inc. itt joint venture with Minconsult Sdn Bhd (Minconsult) and Saman
Corporation,
Sub c'onsullant: Moclenr Engineers Plqnners & Consullants Ltd,

ii. TPF ENGINEERING Pvt. Ltd. in joint venture with TPF GETINSA EUROESTUDIOS S.L, and
Sodev C o nsu h f n terna t io na I Ltd.

iii. Joint Venture of Development Design Consullants Ltd. (DDC) o.f' Bangladesh and Shanghai
Municipal Engincering Design Institute (Group) Co., Ltd. (SMEDI) of China and Shanghai Jumbo
Consulting Co., Ltd (JUMBO).

iv. Dohy,a Engineering Co., Ltd. in .ioint ventLtre u,ith DevConsullals Limited and SARM Associates
d (D O H t(A - D E VC O N - SA RM)
Li mite

v. RITES Ltd. in joint venture with Meinhqrdt (Singapore)Pte Ltd. and PADECO Co. Ltd.
Sub consultant: JPZ Consulting Ltd.

It is not permissible to transfer this invitation to any other Consultant or Firm.

4 A Consultant will be selcctcd under Quality and Cost Based Selection (QCBS) and procedures for selection
ale described in thc RFP Document.

5. ln additron to the Letter of Invitation, the RFP Document includes the following Sections:

x_ r-
o Section l: Instructions to Consultants (ITC)
o Section 2: Proposal Data Sheet (PDS)
. Section 3: General Conditions of Contract (GCC),
o Section 4: Particular Conditions of Contract (PCC),
r Section 5: Proposal & Contract Forms
o Section 6: Terms of Reference (ToR)

6 Please inform us in writing, preferably by electronic mail, at the following address of the undersigned
([email protected]) within two (2) days upon recerpt:
(a) That you have received the Letter of Invitation and the RFP; and
(b) Whether you will submit a Proposal alone or in association with any other additional Consultant.
Enclosed: A set of RFP Document

ID No. 001202
Project Director (SE), RHD
Support to Improvement of the Hatirjheel-
Rampura Bridge-Bonoshree- Sheikherjaiga-
Amulia-Demra Highway (with link to Tarabo
and Chittagong road) into 4-lanes through PPP
v
Copy for kind information:
l. Secretary, Road Transport and Highways Division, Ministry of Road Transport and Bridges,
Ban gladesh Secretariat, Dhaka.
2. Chief Engineer, Roads and Highways Department, Sarak Bhaban, Tejgaon, Dhaka
3. Additional Chief Engineer and Coordinator, PPP Cell, Sarak Bhaban, Tejgaon, Dhaka
Table of Contents
Section l. Instructions to Consultants........ .................1
A Gcncral ..............,....... I
I . Scope of Proposal.. ..........,. 1

2. lnterpretation .................... 1

3. Source of Funds ................ 1


4. Com;pt, Fraudulent, Collusive or Coercive Practices...... ...............2
5. Eligible Consultants.. ......... 3
6. Eligible Sub-Consultants............... ........3
7. Eligible Services....... ......... 3
8. Conflict of Interest: General .................. 4
9. Conflicting Activities..... ............,......,... 4
10. Conflicting Assignrnents ....................,.. q
I l. Conflicting Relationships ...................... 5
12. Unfair Advantage .............. 5
13. Site Visit...... ..................... 5

B Request for Proposa1............,..... ...................... 6


14. RFP Document: Ceneral ....................... 6
15. Clarification of RFP Docunrent.... ..........6
16. Pre-Proposal nreeting....... .................,...6
l'7. Addendum to RFP Document ................7
C Proposal Preparation. ..................... 7
18. Proposal: Only one ............7
19. Proposal: Preparation Costs...,...,... ........7
20. Proposal: Language ...........7
2l . Proposal: Documents .........7
22. Proposal: Preparation.. .......8
23. Technical Proposal Preparation.. ............8
24. Technical Proposal: Format and Content ................... I
25. Financial Proposal Preparation ......,.,... 10
26. Financial Proposal Format and Content ................... 10
2'7. Taxes.......... ....................11
28. Client's Services, Facilities and Propefty ................. 11
29. Proposal Currency .,........, 11
30. ProposalValidity....... ...... 11
31. Extension of Proposal Validity ............ 11
32. Proposal Format and Signing. ..............12
D. Proposal Submission ..........:.,...... .............,..,.12
33. Proposal: Sealing and Marking ...........12
34. Proposal: Submission Deadline...... ...... 13
35. Proposal Submitted Late ............ ,........ 13
E. Proposal Opening and Evaluation.............. ....................... 13
36. Technical Ploposal Opening...... .......... 13
37 . Restriction on Disclosure of information Relating to Procurement Process .....,. 13
38. Clarification on Proposal.. ...................14
39. Proposal Evaluation: General........ .......14
40. Examination of Conflict of lnterest Situation ...........14
41. Proposal Technical Evaluation... .......... 14
42. Financial Proposal Opening...... ...........14
43. Proposal: Financial Evaluation ...,........ 15
44. Correction of Arithmetical................ ..................,... 16
45. Proposal: Combined Evaluation ........... 16
46. Proposal Negotiation: General ............. 17
47. Prop<.rsal Negotiation: Technical .......... 17
48. Proposal Negotiation: Financial ........... 17

Proiect Intplemcntalion Con\ullanclt Semice for SLtpporl lo lntprovemenl of Halirjheel (Rampuro Bridge)-Shekherjaiga-Amulia-Demra
(With Link to Toroho and Chittogong Road) Highway into 4-Lanes through PPP

(_
49. Availability of Professional staff/experts ................. ................... 1g
50. Proposal Negotiations: Conclusion. ...... 1g
51. Rejection of allProposals............... ..... .lg
52. Informing ....................... 19
F. Contract Award ........ . .., . .. . .... .. .. .. .. I 9
53. Award of Contract ........... 19
54. Publication of Award of Contract... ...... 19
55. Debriefing ......................20
56. Commencement of Services ............... .................... 20
57. Consultants Right to Complain ............20
Section 2. Proposal Data Sheet ......21
Section 3. General Conditions of Contract .........25
A. General Provisions ..................... ZS
1 . Dehnitions . . .... ........... .... . 25
2. Phased Completion.. ........26
3. Communications and Notices .............. 26
4. Governing Law ............ ......................21
5. Governing Language .......27
6. Documents Forming the Contract in Order of precedence ................. ..............27
7. Assignment. .................... 27
8. Eligible Services....... .......27
9. Commissions and Fees...... ..................27
10. Joint Venture, Consortium or Association (JVCA) ......................27
I l. Authority of Member in Charge ...........28
12. Authorized Representatives................ .................... 2g
13. Relation between the Parties.... ............28
14. Location ......29
15. Taxes & Duties ...............2g
16. Com:pt, Fraudulent, Collusive or Coercive practices...... ............. 2g
B. Commencement, Completion and Modification.........., ....................... 30
17. Effectiveness ofContract .................... 30
18. Effective Date............ ..... 30
19. Termination of Contract for Failure to Become Effective ............ 30
20. Commencement of Services ............... .................... 30
2l . Expiration of Contract.. ...................... 30
22. Modifications or Variations................. ................... 30
C. Consultant's Personnel and Sub-Consultants........... ........ 3l
23. General....... ....................31
24. Description of Personnel ..................... 31
25. Approval of Personnel ........,.............. 31
26. Working Hours, Overtime, Leave etc. ..................... 32
27. Removal and/orReplacententof Personnel ..............32
D. Obligations of the Consultant.. ......................33
28. Standard of Performance ............... . ..... 33
29. Conflict of lnterests ......... 33
30. Consultant Not to Benefit from Commissions Discounts etc............... ............. 33
31. Consultant and Affiliates not to Engage in Certain Activities ....... 33
32. Prohibition of Conflicting Activities.. ..................... 33
33. Confidentiality.............,.. ................... 34
34. Liabiliry of the Consultant............ ....... 34
35. Insurance to be taken out by the Consultant ............. 35
36. Accounting, Inspection and Auditing ......................35
37. Consultant's Actions Requiring Client's Prior Approval ................ ................. 35
38. Reporting Obligations.. ....................... 36
39. Proprietary Rights on Documents Prepared by the Consultant............
,.t rrc11m7te!9nta-tion
Consuhancy Servicefor Support to Improvement olHatiriheel (Rampura Bridge)-Shekherjaiga-Anrulia-Demra
(Il/ith Link tct Taraho and Chittagong Road) Highwgy into 4-Lanes through ppp
40. Proprietary Rights on Equipment and Materials Fumished by the Client ........... 36
E. Obligations of the C1ient......... ,........,.............36
. Assistance and Exemptions...............
4l .....................36
42. Acoess to Land ................ 37
43. Change rn the Applicable Law Related to Taxes....... ........,..........37
44. Services, Facilities and Property .......... 37
45. Payment ...... 38
46. Counterpart Personnel..... .................... 38
F. Payments to the Consultants ....... 38
47 . Cost Estimate of Services: Ceiling Arnount ............. 38
48. Payments: General ........... 39
49. Remuneration and Reimbursable Expenses................... .............. 39
50. Contract Prioe ........... ...............:......... 39
51. Modes of Billing and Payment .......... 40
52. Advance Payment...... ......40
53. lnterim Payments..... ........40
54. Amendment to Contract ......................40
55. FinaIPayment.................. ..................40
56. Suspension of Payments. .....................4'l
G" Time Control ...........41
57. Completion of Services ....................... 41
58. Early Warnin9................. ...................4'l
59. Extension of the Intended Completion Date .............41
60. Progress Meetings ...........41
H. Good Faith........... .......................42
6l . Good Farth ...................... 42
62. Fairness in Operation .......42
L Termination and Settlement of Disputes. ,....... 42
63. Termination for Default ......................42
64. Termination for Insolvency ................ .................... 43
65. Termination for Convenience............. ....................43
66. Termination because of Force Majeure ....................43
67 . Force Majeure................. .,..,....,...,..... 43
68. No Breach of Contract ..... 43
69. Measures to be Taken on Force Majeure....... ...........44
10. Cessation of Rights and Obligations................ ........44
1l. Cessation of Services ....... 44
72. Payment upon Termination............ ......45
73. Disputes about Events-of Termination............... ...... 45
74. Settlement of Disputes .....45
Section 4. Particular Conditions of Contract ... ............46
Section 5. Proposal & Contract Fonns.. .........49
54. Technical Proposal - Standard Forms......... ..................... 49
Form 5Al Technical Proposal Submission Form........... ..... 50
Form 5A2 Consultant's Organization and Experience................ ............ 51
Form 5A3 Comments &Suggestions on the Terms of Reference and, on Services & Facilities to be
Provided by the Client .,.............. 53
Fornr 5A4Description of Approach, Methodology &Work Plan for Performing the Assignment ..... 54
Fornr 5A5Work Schedule.. ......... 55
Fornr 5A6Tcanr Cornposition and Task Assignments............. ................56
Form 5ATStaffing Schedule ................ .,........57
Form 5A8Curriculunr Vitae (CV) tbr Each Proposcd Professional Staff ............ ......... 58
58. Financial Proposal - Standard Forms......... ...................... 61
Form 5BlFinancial Proposal Submission Form........

Proiecl Implementation Consllancy Servicefor Support to Improvement ofHalirjheel (Rantpura Dridge)-Shekherjaiga-Amulia-Demra


(With Link ro Tarabo ond Chitragong Road) Highway into 4-Lanes through PPP

("
&
Form 5B2: Summary of Costs....... ................. 64
Form 5B3: Breakdown of Costs by Activityr ..................... 65
Form 5B4: Breakdown of Remunerationl ............ ..............66
Form 5B5: Breakdown of Reimbursable Expenses1.................. .............68
5C. Standard form of Contract Agreement ...........,..... .....................69

Section 6. Terms of Reference ........13

cl Implementation Consullancy Senticefor Supporl lo Improvement of Hatirjheel (Rampura Bridge)-Shekherjaiga-Amulio-Demra


Link to Tarabo and Chittagong Road) Highway into 4-Lanes through PPP
Section 1. Instructions to Consultants
A. General
l. Scope ofProposal l.l The Client, as indicated in the Proposal Data Sheet (PDS), issues this
Request for Proposal (RIP) for the provision of Services as specified in
the PDS and described in details in Section 6, Terms of Reference in
accordance with the method of selection specified in the PDS.

t2 Only those shortlisted Consultants indicated in the Letter of Invitation are


eligible to submit a Proposal for the consulting services required for the
assignment.

1.3 The successful Consultant shall be required ,o .o-pt.t" the Services as


specified in the General Conditions of the Contract and in accordance with
the phasing indicated in the PDS. When the assignment includes several
phases, the performance of the Consultant under each phase must be to
the Client's satisfaction before work begins on the next phase.

2, Interpretation 2.1 Throughout this RFP Document:


o the term"in writing" means communication written by hand or
machine duly signed and includes properly authenticated messages
by facsimile or electronic mail;
. if the context so requires, singular means plural and vice versa;

. "day" means calendar day unless otherwise specified as working


days

. "Reeuest for Proposal Document" means the Document provided


by the Client to a short-listed Consultant as a basis for preparation
of the Proposal; and
. 6sProposal" depending on the context, means a Proposal submitted
by a Consultant for delivery of Services to a Client in response to
an Invitation for Request for Proposal.

3. Source ofFunds 3.1 The Client has been allocated 'public funds' as indicated in the PDS and
intends to apply a portion of the funds to eligible payments under the
Contract for which this RFP is issued.

3.2 For the purpose of this provision, "public funds" means any funds
al located to the Client under Governrrent budget, or loan, grants and
credits placed at the disposal of the Client through the Government by
the Development Partners or foreign states or organizations.

J.J Payments by the Development Partner, if so, indicated in the PDS, will
be made only at the request of the Government and upon approval by the
Development Pa(ner in accordance with the applicable
Loan/Credit/Grant Agreement, and will be subject in all respects to the
terms and conditions of that Agreement.

Turufut ontl L'ltittugong Road) Itighnu_t ittttt 4-Luncs through PPP


4. Corrupt, Fraudulent, 4t The Government requires that Clrent, as well as Consultants, shall observe
Collusive or Coercive the highest standard of ethics during the implementation of the
Practices of contracts under public
procurement proceedings and the execution
funds.

4.2 lnpursuance to this policy, the Client defines, for the purposcs of this
provision, the terms set forth below as follows:
(i) "Corrupt practice" is the offering, giving, receiving or soliciting,
directly or indirectly, of anything of value to influence improperly
the actions of another party;
(ii) Fraudulent practice" is any act or omission, including
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a pafty to obtain financidl or other benefits or
to avoid an obligation;
(iii) "Collusive practices" is an arrangement between two or morc
parties designed to achieve an improper purpose, including to
influence improperly the actions of other party;
(iv) "Coercive practices" is impairing or harming, or threatening to
impair or harm, directly or indirectly, any party or the property of
the party to influence irnproperly the actions of a party;
(r) "Obstructive Practice:
(aa) deliberately destroying, falsifying, altering or concealing
of evidence materials to the investigation or making false
statements to investigators in order to materially impede a
Client investigation into allegations of a comrpt,
fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to prevent
it from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation, or
(bb) acts intended to materially impede the exercise of the
Client's/Loan giving Agency's inspection and audit rights.

4.3 The Government requires that Client, as well as Consultants shall, during
the Procurement proceedings and the delivery of Services under public
funds, ensure-
(a) strict compliance with the provisions of Section 64 of the Public
Procurement Act,2006;
(b) abiding by the code of ethics as mentioned in the Rulel2T of the
Public Procurement Rules, 2008;
(c) that neither it's any officer nor any staffnor any other agents nor
intermediaries working on its behalf engage in any such practice as
detailed in ITC SubClause 4.3 (b).

4.4 Should any comrpt or fraudulent practice of any kind referred to in ITC
Sub Clause 4.2come to the knowledge of the Client, it shall, in the first
placc, allow the Consultant to provide an explanation and shall, take
actions only when a satisfactory explanation is not recei
decision and the reasons shall be recorded in the

(,u(
Project Implementalion Consultancy senicefor support to lmproventenl ofHatirjheel (Rampura
Link to Tarabo and Chittagong Road) Highway into 4-Lanes through Ppp

5ffiia-
procurement proceedings and promptly communicated in writing to the
Consultant concerned.

4.5 If comrpt, fraudulent, collusive or coercive practices of any kind is


determined by the Client against any Consultant alleged to have carried
out such practices, the Client shall:
(a) exclude the Consultant from participation in the procurement
proceedings concerned or reject a Proposal for award; and
(b) declare the Consultant ineligible, either indefinitely or for a stated
period of time, from panicipation in Procurement proceedings
under public fund;
if it, at any time, determines that the Consultant has, directly or through
an agent, engaged in corrupt, fraudulent, collusive or coercive practices
in competing for, or in executing, a Contract under public fund.

4.6 Thc Consultant shall be awarc of the provisions in Section 64 of the Public
Procurement Act, 2006 and Rule 127 of the Public Procurement Rules,
2008 of the Government of Bangladesh.

47 The Government requires that the Client's personnel have an equal


obligation not to solicit, ask for and/or use coercive methods to obtain
pcrsonal benefits in conncction with the said Procurement proceedings"

5. EligibleConsultants 5.1 This Request for Proposal Document is limited to shortlisted


Consultant(s) only.

5.2 The Consultant has the legal capacity to enter into the contract.

5.3 The Consultant shall not be under a declaration of ineligibility for comrpt,
fraudulent, collusive or coercive practices as stated under ITC Sub Clause
4.2.

54 The Consultant has fulfillcd its obligations to pay taxes and social security
contributions under the relevant nation al laws and regulations.

5.5 Govemment officials and civil servants, including persons of autonomous


bodies or corporations, satisfactory to the conditions as stated under ITC
Sub Clause I1.3, may be hired to work as a member of a team of
Consultants.

6. Eligible Sub- 6.1 The requirements for eligibility as stated under ITC Clause 5 will extend
Consultants to each Sub-Consultant(s), as applicable.

7. Eligible Services '7.t Goods supplied and Services provided under the contract may originate
may originate from any country except if,
i) as a member of law or official regulation, the Client prohibits
commercial relations with that country; or
7.2 By an act of compliance with a decision of the United Nation's Security
Council taken under Chapter-Vll of Charter of the Charter of the UN, the
Client the Client prohibit any import of Goods from that country or
payments to persons or entities in that country.

Projecl lmplentt,ntotion Con.sultancy Se n,ice fbr Suppnrt h lnprovcnrcnl o/'ltaririhael (Run7turu Bridge)-She khcrjaiga-Anrulict-
Link ro Turnho and Chirtagong Road) Highwa.y into 4-Loncs rhrough PPP

(,
7.3 All material, equipment and supplies used by the Consultant and Services
to be provided under the Contract shall have their origin in countries other
than those specified in the PDS.

8. Conflict of 8.1 Consultants and all parties constituting the Consultant shall not have a
Interest: General Conflict of Interest (COI), pursuant to Rule 55 of the Public Procurement
Rules, 2008.

82 COI shall mean a situation in which a Consultant provides biased


professional advice to a Client in order to obtain from that Client an undue
benefi t for himself/herself or affi liate(s)/associate(s).

8.3 The Consultant, including any of its affiliates or ass.ociates, in deference


to the requirements that the Consultant provides professional and
objcctive advice and at all times hold the Clicnt's interests paramount,
shall strictly avoid conflicts with other assignments or its own corporate
interests, and act without any consideration for award of a future work
and must not have a Conflict of lnterest (COl), shall not be recruited
under any of the circumstances specified in ITC Sub Clauses 9, 10 and
I l.

9. ConflictingActivities 9.1 If any Consultant has earlierbeen engaged by a Client to supply Goods,
pcrform Works or providc physical Scrvices for a projcct, then that Pcrson
and any of its affiliates shall be disqualified from providing consulting
Services related to those Goods, Works or Services.
9.2 If any Consultant hired to provide consulting Services for the preparation
or implementation of a project, then that Consultant and any of its
affiliates, shall be disqualified from subsequently supplying Goods,
providing consulting Services, performing physical Services or Works
resulting from or directly related to the Consultant's earlier consulting
Services.

[For the purpose of ITC Sub Clquse 9.2, services other than consulting
seryices are defined as those leading to a measurable physical outpLtt,
for example surveys, exploratoty drilling, aerial photography, and
satellite imageryl

10. Conflicting l0.l A Consultant, its Personnel and Sub-Consultants or any of its affiliates
Assignments - shall not be hired for any assignment that may be in conflict with identical
assignment of the Consultant to be performed for the same or for another
Client.

lFor the purpose of


ITC Sub Clause 10.1, a Consultant hired to prepare
engineering designfor an infrastructure projecl shall not be engctged to
prepdre an independent environmental assessment for lhe same projecl,
and a Consuhant assisting a Client in the privatization o.f public assets
.shall not purchase, nor advi,se Clients of, such assets, Similarly, a
Consultant hired to prepqre Terms of Reference.for an assignment shall
not be hiredfor the assignment in question)

Implemenlation Consultancy Servicefor Supporl to lmprovemenl olHatiriheel (Rompura Brklge)-shekheriaiga-A (tyilh

vd
4
Tarabo and Chittagong Road) Highway into 4-Ldne.t throuSh PPP
a,-
I l. Conflicting ll.l A Consultant, it's Personnel and Sub-Consultant that has a business
Relationships relationship with a member of the Client's staff involved in the
procurement proceedings may not be awarded a Contract, unless the
conflict stemming from this relationship has been addressed adequately
throughout the selection process of the Consultant.

ll.2 Client's officials, who have an interest, directly or indirectly, with a firm
or individual that is participating or has participated in a Procurement
proceedings of that Client, shall declare its relationship with that firm or
individual and consequently not participate in any proceedings concerned
with that specific Procurement at any stage including from when the
specifications are written and qualification criteria are established up to
the Supply of Goods or execution of the Works are'completed and, until
all contractual obligations have been fulfilled.
ll.3 Government officials and civil servants including individuals from
autonomous bodies or corporations while on leave of absence without pay
are not being hired by the agency they were working for immediately
before going on leave and, their employment will not give rise to Conflict
of Interest, pursuant to Rule ll2 (9) of the Public Procurement Rules,
2008. When the Consultant nominates any such employee as Personnel
in their Technical Proposal, such Personnel must have written
certification from their employer confirming that they are on leave
without pay from their official position and allowed to work full+ime
outside of their previous official position. Such certification shall be
provided to the Client by the Consultant as part of his/her Technical
Proposal.

12. Unfair Advantage l2.l If a shortlisted Consultant could derive a competitive advantage from
having provided consulting services related to this proposed assignment,
the Client shall make available to all shortlisted Consultants together with
this RFP Document all information that would in that respect give such
Consultant any competitive advantage over the competing Consultants.

13. Site Visit l3.l The Consultant,at its own expenses, responsibility and risk is encouraged
to visit and examine the Site and obtain all information that may be
necessary for preparing the Proposal and entering into a Contract for
Services (if selected)
,
13.2 The Consultant should ensure that the Client is advised of the visit in
adequate time to allow it to make appropriate arrangements.

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B. Request for Proposal
14. RFP Document: 14.l The Sections comprising the Request for Proposal are listed below and
General should be read in conjunction with any Addendum issued under ITC
Clause 17.
Section I lnstructions to Consultants (lTC)
Section 2 Proposal Data Sheet (PDS)
Section 3 General Conditions of Contract (GCC),
Section 4 Particular Conditions of Contract (PCC),
Section 5 Proposal and Contract Forms
Section 6: Terms of Rcfcrcnce (ToR)

14.2 The Consultant is expected to examine all instructions, forms, terms,


Terms of Reference (ToR) in the RFP Document as well as Addendum,
if any.

15. Clarification of RFP l5.l A Consultant requiring any clarification of the RFP Document shall
Document contact the Client in writing at the Client's address indicated in the PDS
before two-third of the time allowed for preparation and submissron of
Proposal elapses.

15.2 The Client is not obliged to answer any clarification request received after
that date as stated under ITC Sub Clause 15.1.

15.3 The Client shall respond in writing within five (5) working days of receipt
of any such request for clarification received under ITC Sub Clause l5.l .

15.4 The Client shall forward copy of its response to all those shortlisted
Consultants, including a description of the enquiry but without
identifying its source pursuant to Rule 117(22) of the Public Procurement
Rules,2008.

15.5 Should the Client deem it necessary to revise the RFP Document as a
result of a clarification, it will do so following the procedure under ITC
Clause l7

16. Pre-Proposal meeting lit.1 To clarify issues and to answer questions on any matter arising in the
RFP, the Client may, if stated in the PDS, invite shortlisted Consultants
to a Pre-Proposal Meeting at the place, date and time as specified in the
PDS, The Consultant is encouraged to attend the meeting if it is held.

16.2 Minutes of the pre-Proposal meeting, including the text of the questions
raised and the responses given, together with any responses prepared after
the meeting, will be transmitted without delay to all the shoft-listed
Consultants not laterthan seven (7) days of the date of the meeting. Any
revision to the RFP Document that may become necessary as a result of
the pre-Proposal meeting shall be made by the Client exclusively through
the issue of an Addendum pursuant to ITC Clause 17 and not through the
minutes of the pre-Proposal meeting.
17. Addendum to RFP 17.1 At any time prior to the deadline for submission of Proposals, the Client,
Document for any reason on its own initiative or in response to a clarification request
in writing from a shortlisted Consultant, may revise the RFP Document
by issuing an Addendum.

17.2 The Addendum issued under ITC Sub Clause 17.1 shall become an
integral part of the RFP Document and shall be communicated in writing
to all the shortlisted Consultants, to enable the Consultants to take
appropnate actron.

17.3 To give a shortlisted Consultant reasonable time to take any Addendum


into account in preparing its Proposal, the Client may extend the deadline
for the submission of Proposals pursuant to Rule ll7(22) of the Public
Procurement Rules, 2008.

C. Proposal Preparation

18. Proposal: Only one 18.1 A short-listed Consultant, including its affiliate(s), pursuant to Rule 96
(2) of the Public Procurement Rules, 2008, may submit only one (l)
Proposal. The Consultant who submits or participates in more than one
(l) Proposal will cause all the Proposals of that particular Consultant to
be excluded.

r8.2 A firm, proposed as a Sub-Consultant in any Proposal pursuant to Rule


53(2) of the Public Procurement Rules, 2008, may participate in more
than one Proposal, but only in the capacity of a Sub-Consultant.

18.3 A short-listed Consultant submittinga Proposal individually pursuant to


Rule 53(5) of the Public Procurement Rules, 2008, or as fVCA partner,
shall not be accepted as Sub-Consultant to any other short-listed
Consultant in the same procurement process.

19. Proposal: Preparation l9.l The Consultant shall bear all costs associated with the preparation and
Costs submission of its Proposal and contract negotiation. The Client shall not
be responsible or liable for those costs, regardless of outcome of the
procurement process.

20. Proposal: Language ZCi.l The Proposal shall be written in the English language. Correspondences
and documents relating to the Proposal should also be written in English
Supporting documents and printed literature furnished by the Consultant
that are part of the Proposal may be in another language, provided they
are accompanied by an accurate translation of the relevant passages in the
English language, in which case, for the purposes of interpretation of the
Proposal, such translation shall govern.

21. Proposal: Documents 2l.l The Proposal prepared by the Consultant shall comprise the following:
(a) Technical Proposal;
(b) Financial Proposal;
(c) any other document required as stated in the PDS.

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22. Proposal: Preparation 22.1 In preparing its Proposal, the Consultant shall examine in detail the
documents comprising the RFP Document. Material deficiencies in
providing the information requested may result in non-responsiveness of
a Proposal.

22.2 The Consultant shall prepare the Technical Proposal in accordance with
ITC Clause s 22 and 23 using the forms furnished in Section 5A:
Technical Proposal; Standard Forms'

22.3 The Consultant shall submit the Financial Proposal in accordance with
ITC Clause 24 and 25 and using the forms furnished in Section 5B:
Financial Proposal; Standard Forms.

22.4 All the forms mentioned in ITC Sub Clauses 22.2' and 23.3 shall be
complcted without any matcrial changes and alterations to its format,
filling in atl blank spaces with the infbrmation requestcd, failing which
the Proposal may be considered as being incomplete.

23. Technical Proposal 23.1 While preparing the Technical Proposal, a consultant must give
Preparation particular attention to the instructions provided in ITC Sub Clause 23.2
thru 23.16 inclusive.

23.2 If a Consultant considers that it does not have all the expertise required
for the assignment, it may obtain that experlise with other Consultants or
entities in a joint venture or Sub-Consultancy as appropriate.

23.3 The Consultant wishing to obtain expertise from other Consultants or


entities may participate in the procurement proceedings by forming a
Joint Venture, pursuant to Rule 54 of the Public Procurement Rules, 2008.

23.4 Joint Venture agreement, indicating at least the parts of the Services to be
delivered by the respective partners, shall be executed case-by-case duly
signed by att legally authorised representatives of the Consultants who
are parties to such agreement.

23.5 Joint Venture, as stated under ITC Sub Clause 23.3, with other non-short-
listed consultants at the time of submission of a Proposal is not
admissible without the permission of the Client, which must be obtained
- prior to the deadline for submission of a Proposal'

23.6 Joint Venture, as stated under ITC Sub Clause 23.3, among the short-
listed Consultants at the time of submission of a Proposal is not permitted,
and the Client shall disqualify such Proposal.

23.7 The composition or the constitution of the Joint Venture shall not be
altered without the prior consent of the Client.

23.8 The Consultant appointtng another short-listed Consultant as a Sub-


Consultant, as stated under ITC Sub Clause 23.2, at the time of
submission of Proposal will not require prior permission of the Client but
in such cases, the Proposal shallbe submitted in the title of the shortlisted
Consultant.

23.9 In the event of Sub-Consultancy, as stated under ITC Sub C


the Proposal should include a covering letter signed by an

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representative of the short-listed Consultant with full authority to make
legally binding contractual and financial commitments on behalf of the
Consultant, plus a copy of the agreement(s) with the Sub-Consultant(s).

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


from any of its obligations, duties, responsibility or liability under the
Contract.

23.11 For QCBS based assignments, only the estimated total of Professional
staff-months is indicated in the PDS. However, the available budget shall
not be disclosed. The Proposal shall be based on the number of
Professional staff-months estirnated by the Consultant.

23.12 For FBS assignments, only the available budget amount, excluding all
local taxes and other charges to be imposed under the Applicable Law if
the Contract is awarded, is given in the PDS but not the Professional staff-
months, and the Financial Proposal shall not exceed this budget.

23. I 3 Proposed professional staffshall have at least the qualification experience


indicated in the PDS, preferably working under conditions similar to
Bangladesh. It is desirable that the majority of the Key professional staff
proposed be permanent employees of the Consultant or has an extended
and stable working relationship with it.

23.14 Alternativc Kcy professional stafl-s shall not be proposed, and only one
Curriculum Vitae (CV) may be submitted for each position. Conversely,
one Key professional staff is not allowed to offer his/her inputs in more
than one Proposal for this particular assignment and, in this particular
procurement process.

23.15 CVs of the Professional staff signed by the staff themselves or by the
authorized representative of the Professional Staff shallbe fumished with
the Technical.

23.16 Failure to fulfil the requirements under this Clause may lead to
incompleteness and subsequent rejection of the Proposal.

24. Technical Proposal: 24.1 The Technical Proposal shall provide the following information using the
Format and Content attached Standard Forms (Section 5A):
(a) Form 5A1: Technical Proposal Submission Form in the format
of a letter, duly signed by an authorised signatory of the
Consultant;
(b) Form 5A2: giving a brief description of the Consultant's
organization and an outline of recent experience of the
Consultant. Information should be provided only for those
assignments for which the Consultant was legally contracted by
the Client 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 professional staff
themselves in their CVs. Consultants should be prepared
substantiate the claimed experience if so requested by the Client.

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(c) Form 5A3: indicating comments and suggestions that the
Consultant may have on the Terms of Reference to improve
performance in carrying out the assignment;
(d) Form 5A4: indicating the approach, methodology and work plan
for performing the assignment;
(e) Form 5A5 : being the work plan should be consisrent with the
Work Schedule and should be in the form of a bar chart showing
the timing proposed for each activity;
(D Form 5A6: being the list of the proposed Professionalstaff team
by area of expertise, the position that would be assigned to each
staff team member, and their tasks;
(g) Form 5A7: being the Estimates of the staffinput (staff-months of
foreign and local professionals) needed to carry out thc
assignment. The staff-months should bc indicated separatcly for
home office and field activities, and for foreign and local
Professional staff;
(h) Form 5A8: being the CVs of the Professional staff signed by the
respective staff member or by the authorized representative of the
Professional Staff subrnitting the Proposal;
(i) Plus, a detailed description of the proposed rnethodology,
staffing, and staffing for training, lf thc PDS spccifies training as
a specific component of the assignment; and

0) Any additional information that might be requested in the pDS.

24.2 The Technical Proposal shall not include any financial information. A
Technical Proposal containing financial information may be
considered non-responsive.

25. Financial Proposal 25.1 rhe Financial Proposal shall be prepared using the Standard Forms
Preparation attached with this document. It shall list all costs associated with thc
assignment, including (a) remuneration for staff (foreign & local in the
field and at the Consultant's home office and (b) reimbursable expenses
indicated in the PDS. lf appropriate, these costs should be broken down
by activity and if appropriate, into foreign and local expenditures.

2-5.2 All activities and items described in the Technical Proposal rnust be
priced separately; activities and items described in the Technical Proposal
but not priced, shall be deerned to be inctuded in the prices of other
activities or items.

26. Financial Proposal 26.1 The Financial Proposal shall provide the following information using the
Format and Content attached Standard Forms (Section 58):
(a) Form 5Bl: Financial Proposal Submission Form in the format of
a letter duly signed by an authorised signatory of the Consultant.
Consultants shall furnish infonnation on commissions and
gratuities, if any, paid or to be paid to agents relating to this
proposaland during execution of this assignment if the Consultant
is awarded the contract, as requested in the Financial proposal
submission form (5Bl).

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(b) Form 5B2: being the Summary of Costs against staff
remuneration, reimbursable expenses, and the taxes;
(c) Form 5B3: being the breakdown of costs against staff
remuneration;
(d) Form 5B4: being the breakdown of costs against reimbursable
expenses. A sample list is provided in the PDS;
(e) Form 585: Breakdown of Reimbursable Expenses.
lf appropriate, all these costs should be broken down by activity.

27. Taxes 39.1 The Consultant may be subject to local taxes (such as: value added or
sales tax, social charges or income taxes on non-resident Foreign
personnel, duties, fees levies etc.) on amounts payable by the Client under
the Contract. The Client will state in the PDS, if the Consultant is subject
to payment of any local taxes. Any such amount shall not be included in
the Financial Proposal as thcy will not be evaluated, but they will be
discussed at Contract negotiations, and applicable amount will be
included in the Contract.

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


Facilities and (a) provide at no cost to the Consultant the services, facilities and
Property
property as specified in the PDS;
(b) make available to the Consultant, relevant project data and reports
at the time of issuing the RFP Document; and

(c) assist the Consultant in obtaining relevant project data and reports
from other related departments/divisions, which will be required
by the Consultant to prepare the Proposal.

29. Proposal Currency 29.1 Consultant may quote the prices of their services in a maximum of three
(3) currencies, singly, or in combination. The Client may require the
Consultant to state the portion of their price representing local cost in the
national currency if so, indicatcd in the PDS.
29.2 Commissions and gratuities, if any, paid or to be paid by the Consultants
and related to the assignment will be listed in the Financial proposal

30. Proposal Validity 30-.1 Proposal Validities shall be determined on the basis of the complexity of
the Proposal and the time needed for its examination, evaluation,
approval and signing of Contract, pursuant to Rules l9 ,20 and I l7(10)
of the Public Procurement Rules, 2008.

30.2 Proposals shall remain valid for the period as specified in the PDS after
the date of Proposal submission deadline prescribed by the Client.

31. Extension of Proposal 3l.l In justified exceptional circumstances, prior to the expiration of the
Validity Proposal validity period, the Client may solicit, not later than ten (10)
days before the expiry date of the Proposal validity, compulsorily all the
Consultants' consent to an extension of the period of validity of their
Proposals

31.2 The request for extension of the Proposal Validity period shall be in
writing and shall state the new date of the validity of the Proposal

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3l .3 The Consultants consenting in writing to the request as stated under ITC
Sub Clause 31.2 shall not be required or permitted to modify its Proposal
in any circumstances.

31.4 If the consultants are not consenting in writing to the request marle by the
Client as stated under ITC Sub clause 3r.2, its proposal shall not bc
considered in the subsequent evaluation.

31.5 The Consultants shall maintain the availabiliry of Professronal


staff/experts nominated in the proposal during the proposal validity
period.

32. Proposal Format and 32.1 The consultant shall prepare one (l) original of the Technical proposal
Signing as described in ITC clause 22 and one (r) original of the Financial
Proposal as described in ITC Sub clause 24 and clearly mark them
..ORIGINAL".

32.2 The consultant shall prepare the number of copies as specified in the pDS
of each rechnical Proposal and clearly mark them "copy". In the event
of any discrepancy between the originar and the copies, the original shall
prevail.

32.3 The original and all copics of the Tcchnical and Financial Proposals shall
bc typed or written in indcliblc ink and shail be signed by a person duly
authorized to bind the Consultant to the Contract. The name and position
held by each person signing the authorization must be typed or printed
below the signature.

32.4 An authorized representative of the Consultant shall initial all the pages
of the Technical and Financial Proposals. The authorization shall be in
the form of a written power of attorney accompanying the proposal or in
any other form demonstrating that the representative has been duly
authorized to sign. The signed Technical and Financial Proposals shall bL
marked "ORIGINAL".
32.5 The original proposal (Technical proposar and, if required, Financial
Proposal;) shall contain no interlineations or overwriting, except as
necessary to correct errors made by the consultants themselves. The
person who signed the Proposal must initial such corrections.
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D. Proposal Submission
33. Proposal: Sealing 33.1 The Consultant shall enclose the original and each copy of the Technical
and Marking Proposal in separate sealed envelopes, duly marking the envelopes as
"TECHNICAL PROPOSAL" and ..ORIGINAL', and .,COpy, as
appropriate." These envelopes containing the original and the copies
shall then be enclosed in one single envelope duly marking the enveiope
as "TECHNICAL PROPOSAL".

33.2 The Consultant shall enclose the original of the Financial Proposal in one
single separate sealed envelope, duly marking the envelope as
"FINANCIAL PRoposAL" and with a warning ,,Do Nor opEN wrrs
THE TEcHNICAL PRoPoSAL.''

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33.3 The two envelopes shall then be enclosed in one single outer envelope.
The inner and outer envelopes shall:
(a) bear the name and address of the Consultant;

(b) be addressed to the Client at the address as specified in the PDS;

(c) bear the name of the Proposal; and

(d) bear a statement "DO NOT OPEN BEFORE (the deadline for
submission of Proposal)" as specified in the PDS.

33.4 If all envelopes are not sealed and marked as required, the Client will
assume no responsibility for the misplacement, or premature opening of
the Proposal.

33.5 If the Financial Proposal is not submitted in a separate sealed envelope


duly marked as indicated above, the Proposal may be considered non-
rcsponslve.

33.6 The Proposals shall be submitted on the basis of this RFP Document issued
by the Client.

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

34.2 The Proposals may be hand delivered or posted by registered mail or sent
by courier. The Client shall, on request, provide the Consultant with
acknowledgement of receipt showing the date and time when its Proposal
was received.

34.3 The Client may, at its discretion on justifiably acceptable grounds duly
recorded, extend the deadline for the submission of Proposals in
accordance with ITC Clause l7 and 31.1, in which case all rights and
obligations of the Client and Consultants previously subject to the
deadline shall thereafter be subject to the deadline as extended.

35. Proposal Submitted 35.1 Any Proposal received by the Client after the deadline for submission of
Late Proposals shall be declared LATE and returned unopened to the
' Consultant.

E. Proposal Opening and Evaluation


36. Technical Proposal 36.1 The Client shall open the Technical Proposals immediately after the
Opening deadline for their submission. The envelopes with the Financial Proposal
shall remain sealed and securely stored.

37. Restriction on 31.1 Following the opening of the Technical Proposals by the Client's PEC,
Disclosure of and until the Contract is signed, no Consultant shall make any unsolicited
information Relating communication to the Client or PEC, pursuant to Rule 3l of the Public
to Procurement Procurement Rules, 2008.
Process
37.2 From the time the Proposals are opened to the time the Contract is
awarded, any effort by the Consultant to influence the Client or

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the client's Proposal evaluation, proposal comparison or contract award
decisions may result in non-responsiveness of the Consultant's Proposal.

38. Clarification on 38.1 The Client's Proposal Evaluation committee (PEC) may ask the Consultants
Proposal for clarification of their Proposals, in order to facilitate the examination and
evaluation of the Proposals. The request for clarification by the PEC and the
response from the Consultants shall be in writing, and Proposal clarifications
which may lead to a change in the substance of the Proposal or in any of the
key staff or elements of the Proposal will neither be sought nor be permitted.

38.2 If a Consultant does not provide clarifications of its Proposal by the date
and time set in the PEC's written request for clarification, its proposal
shall not be considered in the evaluation.

38.3 Requests for clarifications on proposal shall be duiy signed only by the
PEC Chairperson.

39. Proposal Evaluation: 39.1 Members of the PEC shall have no access to the Financial Proposals until
General the evaluation of the Technical proposal is concluded.

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

40. Examination of 40.1 During the evaluation of the Technical Proposals, the PEC shall ascertain
Conflict of Interest that no new col situations as stated under ITC clauses g, 9, l0 and 11,
Situation have arisen since the Consultant was short-listed. lf the PEC identifies a
col at this stage, it shall determine whether the specific conflict is
substantive and shall consequently consider the Proposal non-responsive.

40.2 If a Consultant or its affiliate is found to be in a COI during the technical


evaluation, the PEC shall review the case and either disqualify the
Consultant or ask the Consultant to remove the conflict and its causes
while maintaining the transparency of the selection process, failing which
the Technical Proposal of the consultant shall be considered non-
responsive.

40.3 If a consultant has been found to mislead the pEC by neglecting to


provide information or by denying the existence of a col situation, the
- Consultant's Proposal shall be considered nou-responsive.

41. Proposal Technical 41.1 All rechnical Proposals shail be evaluated in accordance with the
Evaluation Request for Proposal (RFp) and the Terms of Reference (ToR).

41.2 Technical Proposals thus given a Technical points (Tp), as stated under
ITC sub clause 41.2, not securing the minimum as specified in the pDS,
shall be considered non-responsive.

42. Financial Proposal 42.1 ln the case of QCBS and FBS, after the technical evaluation is concluded,
Opening and approved by the client pursuant to Section 59 of the public
Procurement Act, 2006 and Rule 120 of the public procurement Rules,
2008, and approval/concurrence of the donor agencies/ Development
partners on the recommendations of the pEC is obtained (where
required), the Client shall notify in writing, those Consultants
secured the minimum Technical points (Tp), indicating the d

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location for opening the Financial Proposals; the date being usually not
less than one (1) week after such notification.

42.2 The Client shall simultaneously notify those Consultants whose


Technical Proposals did not secure the minimum Technical Points (Tp)
or were considered non-responsive to the RFP and ToR, indicating that
their Financial Proposals will be returned unopened after completing the
selection process.

42.3 Financial Proposals of thosp who secured the minimum Technical Points
(Tp) shall be opened by the PEC publicly in the presence of the
Consultants' representatives who choose to attend. The name of the
Consultants, thc Technical Points, and the Proposal Prices shall be read
aloud and recorded when thc Financial Proposals are opened.

42.4 The Client shall prepare minutes of the public opening as stated under
ITC Sub Clause 42.3 and, these shall be furnished, upon request, to
Consultants whose Financial Proposals were opened. Representatives
who attend the public opening shall sign an attendance sheet. Copy of
the record shall be furnished to the donor agencylDevelopment Partner.

43. Proposal: Financial 43.1 The Client's PEC will review the detailed content of each Financial
Evaluation Proposal. During the review, the PEC and any Client staff and others
involved in the evaluation process, will not be permitted to seek
clarification or additionaI information on financial aspects from any
Consultant who has submitted a Financial Proposal.

43.2 lf pricing of activities was required, activities and items described in the
Technical Proposal but not priced shall be deemed to be included in the
prices of other activities or items of the Proposal, as stated under ITC Sub
Clause 25.2.

43.3 The evaluation, shall exclude all taxes, duties, fees, levies and other
charges to be imposed under the Applicable Law but to be paid under the
Contract, unless otherwise the Consultant is exempted by the
Government.

43.4 ln the case of QCBS, the lowest evaluated Financial Proposal will be
given the maximum Financial Pornts (Fp) of 100. The Financial Points
- (Fp) of the other Financial Proposals will be computed accordingly, as
stated under ITC Sub Clause 43.5.

43.5 The points for other Financial Proposals, as stated under ITC Sub Clause
l00xF
43.4, shall be computed using the formulae: Fo =;; Fp being

the Financial Point of the Proposal under evaluation, Fm being the lowest
Financial Proposal Price and, l- being the price of Proposal under
computation during evaluation; in either case however, the Proposal
Prices to be taken into consideration after adjustments made by the PEC
in correcting omissions or inconsistencies detected during the evaluation
of the Financial Proposal and applying the provisions as stated under ITC
Sub Clause 43.2 43.6 and 44.

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43.6 In the case, an activity or line item is quantified in the Financial Proposal
differently from that in the TechnicalProposal;(i) if the Tirne-Based fornr
of contract has been included in the RFP, PEC shall correct the
quantification indicated in the Financial Proposal so as to make it
consistent with that indicated in the Technical Proposal, apply the
relevant unit price included in the Financial Proposal to the corrected
quantity and correct the Proposal Price, (ii) if the Lump Sum form of
contract has been included in the RFP, no corrections are applied to the
Financial Proposal in this respect.

[For the purpose o.f ITC Sub Clause 43.6, if a Technical Proposal
indicales the presence of the Team Leader al the assignment site .[or
twelve (12) months and the Financial Proposal indicates only eight (8)
months, an adjustment should be calculated by adding the
corresponding amount of staff remuneration to the proposed amountl

44. Correction of 44.1 Arithmetical errors in the Financial Proposal shall be corrected on the
Arithmetical following basis:
i. if there is a discrepancy between the unit price and the total price
that is obtained by multiplying the unit price and quantity, the unit
price shall prevail and the total price shall be corrected; and
ii. if there is an error in a total corresponding to the addition or
subtraction of subtotals, the subtotals shall prevail and the total
shall be corrected;
iii. if there is a discrepancy between wording and figures, the former
willprevail.

44.2 The Consultant shall be kept informed of such errors discovered dunng
arithmetic corrections stated under ITC Sub Clause 43.1.

45. Proposal: Combined 45.1 In the case of QCBS, the Proposals will be ranked according to their
Evaluation Combincd Scores (Cs) using thc weights (T : the weight given to the
Tcchnical Proposal; F : the weight given to the Financial Proposal; T +
F : I ), pursuant to Rule I 17 (24) (b) and l2l of the Public Procurement
Rules, 2008, as specified in the PDS:Combined Score, Cs :
+
Ts(Technical Score) Fs (Financial Score); I Ts being Tp x T% and Fs
being Fp xF%1.

45.2 ln the case of FBS, the CIient will select the Consultant that submitted
the highest ranked Technical Proposal with an evaluated price that is
within the budget amount excluding all taxes, duties, fees, levies and
other charges to be imposed under the Applicable Law, if the Contract is
awarded.

45.3 In the case of FBS, adjustments made by the PEC to correct omissions or
inconsistencies detected during the evaluation ofthe Financial Proposal if
raises the Proposal Price above the available budget indicated in the RFP,
the Proposal shall be considered non-responsive.
45.4 Proposal Prices, in the case of FBS, that exceed the indicated budget will
result in non-responsiveness ofthe Proposal.

Projecl Implementolion Consultancy Senice Jbr Sulport to lnprovement of Hatir.jheel (Rantpura

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46. Proposal Negotiation: 46.1 Negotiations shall commence by considering the comments, suggestions,
Ceneral and requests made by the PEC on both Technical and Financial Evaluation
Reports and recommendations thereupon, of its Competent Authority.

46.2 Ncgotiations will be held at the address indicated in the PDS by the PEC,
in phases where unavoidable, with participation of the Client with the aim
to reach agreement on all points and sign a Contract.

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


negotiations, confirm availability of all Professional staff/experts and
satisfo such other pre-negotiation requirements as the Client may specify.

46.4 ln the case of QCBS, the Consultant securing the highest Combined Score
(Cs) in accordancc with ITC Sub Clause 45.1 will be invited for
negotiation as stated under ITC Clauses 46 to 50.

46.5 In the case of FBS, the Consultant that submitted the highest ranked
Technical Proposal selected in accordance with ITC Sub Clause 45.2will
be invited for negotiation as stated under ITC Clauses 46 to 50.

47. Proposal Negotiation: 47 .1 Technical negotiations will include discussions only on the
Technical lmplementation Methodology of Terms of Reference, Work Plan and
Detail Activity Schedulc, Organizing and Staffing, Training Inputs if
training is a major component, any suggestions made by the Consultant
to improve the Terms of reference, and the Client's Services and
Facilities, with a view to reconcile the Consultant's Proposal and the
circumstances of the Client. These documents will then be incorporated
in the Contract as "Description of Services".

47 .2 l'he PEC may, in particular, require the invited Consultant to substitute a


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

48" Proposal Negotiation: 48.1 The negotiation will generally fine-tune the Financial Proposal
Financial incorporating the agreed-on technical modifications in the Proposal.

Pro.ject Implementalion Consultancy Servicelor Support to Improvemenl ofHalirjheel (Rampura Bridge)


48.2 In the case of QCBS, Fixed Budget Selection and the Least Cost Selection
Method unless there are exceptional reasons negotiation of unit rates or
prices of staff remuneration and others arc not pemrissible. For other
nrethods, Consultants will provide thc Client with thc information on
remuneration of rates describcd in the Appendix attached to Section 5
ISocial Charge+ Overhead].

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

48.4 Pursuant to Section-'60(3) of the Public Procurement Act, 2006, the


Applicable Taxes and VAT shall not be taken into aicount in determining
the Proposal Price during the Financial Evaluation of the Proposals
related to procurement of this Intellectual and Professional Services

48.5 Unless the Consultant and the proposed Contract is tax-exempt, tax
liabilities as stated under ITC Sub Clause 27 .1, on the Consultant.
proposed Contract or on the Contract items shall be a subject of
clarification between the PEC and the Consultant during negotiation and,
requisite provisions shall be made for them in the Contract Price.

48.6 If applicable, it is the responsibility of the consultant, before starting


financial negotiations, to contact the locaI tax authorities to determine the
local tax amount to be paid by the Consultant under the Contract.

49. Availability of 49.1 Having selected the Consultant on the basis of, among other things, an
Professional evaluation of proposed Professional stafflexperts; the client expects to
staff/experts negotiate a Contract on the basis of the Professional staff/experts named
in the Proposal, Before Contract negotiations, the Client will require
assurances that the Professional staff/experts will be actually available.

49.2 The Client will not consider substitutions during Contract negotiations
unless both parties agree that undue delay in the selection process makes
such substitution unavoidable or for reasons such as death or medical
incapacity.

49.3 In the event, as stated under ITC Sub Clause 49.2, substitution of the Key
' Professional staff(s) with equivalent or higher qualifications rnay be
permissible.

49.4 If this is not the case and if it is established that the Key Professional
staff/experts were offered in the Proposal without confirming their
availability, the Consultant may be disqualified.

50. Proposal 50.1 The PEC with participation of the Client and the successful Consultant
Negotiations: shall, in order to conclude the negotiation, sign the agreed minutes of
Conclusion negotiations and initial the proposed draft Contract Agreement.

Project Implementation Consullctnq' Scn,icc lor Supt)orl to Improventcnt ofHatirlheel 1'Ronpura Bridge)-shekhetiaiga-AntLtlio
Link to Taraho and Chittagong Road) Highwa.v into 4-Lancs through ppp

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50.2 If negotiation fails, the PEC, will negotiate with the next highest
evaluated Consultant, and similarly with other evaluated Consultants
until a Contract is signed, but it shall not negotiate simultaneously with
more than one Consultant.

51. Rejection of all 5l.l The Client is not bound to accept any Proposal, and reserves the right to
Proposals annul the selection process at any time prior to the Contract award,
without thereby incurring any liability to the Consultants.

51.2 All Proposals received by the Client shall be returned unopened to the
Consultants in the evqnt the Procurement proceedings are annulled as
stated under ITC Sub Clause 5I. L

51.3 If negotiation fails and all Proposals are found to be non-responsive and
unsuitable, the Client, pursuant to Rule 123 of the Public Procurement
Rules,2008, reject them under the following grounds -
a. The Proposals containing major deficiencies in responding to the
RFP.

b. The Proposal Prices are substantially higher than the estimated


budget and could not be bridged during negotiations.
Eevidence of
professional misconduct, affecting seriously the
Procurement process, is established as per Chapter Seven of the Public
Procurement Rules, 2008.

52. Informing 52.1 Notice of the rejection, will be given promptly within seven (7) days of
Reasons decision taken by the Client to all Consultants, and the Client will, upon
for Rejection receipt of a written request, communicate to any Consultant the reason(s)
for its rejection but is not required to justify those reason(s).

F. Contract Award

53. Award of Contract 53.1 The Client shall, within seven (7) working days of receipt of approval of
the Contract and concurrence of the Donor Agency/Development Partner
- and provided that no complaint or appeal has been lodged or is still under
consideration prior to the Proposal validity period, invite the successful
Consultant to sign the Contract; so that the Contract comes into force
before expiration of the Proposal validity

54. Publication of Award 54.1 Particulars relating to award of Contract of Taka ten (10) million and
of Contract bclow, in prescribed format, shall be notified by the Client to the Central
Procurement Technical Unit within seven (7) days of signing of the
Contract for publication in their website, and that notice shall be kept
posted for not less than a month.

54.2 In case of an international procurement (of services), after conclusion of


the successfirl negotiation, the Client shall arrange publish the Contract
Award in the L|NDB on line and in the Development Gateway and
promptly notify all Consultants who have submitted Proposals.

Projecl Imltlemenlalion Consullancy Servicefor Support lo Improvemenl ofHatirjheel (Rampura Bridge)-Shekherjaiga-Amulia

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Link to Taraho and Chirtagong Road) Higfiway inro 4-Lanes through PPP
55. Debriefing 55.1 The Client shall, following signing of the Contract with the successful
Consultant, promptly notify the other Consultants whose Proposals were
technically responsive that they have been unsuccessful and return those
unopened Financial Proposals.

55.2 Debriefing of Consultants by the Client shall outline the relative status
and weakness only of his or her Proposal requesting to be informed of the
grounds for not accepting the Proposal submitted by him or her without
disclosing information about any other Consultant.

55.3 In the case of debriefing, confidentiality of the evaluation process shall


be maintained.

56. Commencement of 56.1 The Consultant is expected to commence the assignment on the date and
Services at the location specified in the PDS.

57. Consultants Right to 57 .l Any short-listed Consultant has the right to complain if it has suffered or
Complain likely to suffer loss or damage due to a failure of a duty imposed on the
Client to fulfilits obligations.

57.2 Circumstances in which a formal complaint may be lodged in sequence


by the short-listed Consultant against the Client and the complaints, if
any, be also processed pursuant to Rule 57 of the Public Procurement
Rules 2008.

57.3 The short-listed Consultant shall submit his or her complaint in writing
within seven (7) days of becoming aware of the circumstances giving rise
to the complaint.

57.4 ln the first instance, the short-listed Consultant shall submit his or her
complaint to the Client who issued the RFP Document.

57.5 The place and address for the first stage in the submission of complaints
to the administrative authority is provided in the PDS.

5'7.6 A short-listed Consultant may appeal to a Review Panel only when that
Consultant has exhausted all his or her options of complaints to the
administrative authority as stated under ITC Sub Clause 57.2.

Projecl Implementalion consultancy servicefor support lo Improvement ofHatirjheel (Rampura


Section 2. Proposal Data Sheet

Amendments of, and Supplements to, Clauses in the Instruction to Consultants.


ITC Clause
RFP IDENTIFICATION NO: 35.01.2666.070.07.037.21-1291

ITC I.I Name of the Client:


Project Director, Support to Tmprovement of the Hatirjheel-Rampura Bridge-Bonoshree-
Sheikherjaiga-Amulia-Demra Highway (with link to Tarabo and Chittagong road) into 4-lanes through
PPP

The provision of the Services is:

"Project Implementation Consultancy Service for Supporl to Improvement of Hatirjheel (Rampura


Bridge)-Shekherjaiga-Amulia-Demra Road (With Link to Tarabo and Chittagong Road) Highway
into 4-Lanes through PPP"

The Method of selection is: QCBS (Quality and Cost Based Selection).

ITC I.3 The assignment is not phased. The assignment is to be completed within 48 (Forfy-Eight) Months.

ITC 3.1 The source of Public Fund is Government of Bangladesh (GOB)

ITC 3.3 The name of the Development Partner (DP) is Not Applicable.

tTC 7.1 Materials, equipntent and sLrpplies used by the Consultant are not pennitted if they have originated
in lsrael.

ITC I5.I Clarifications may be requested not later than l5 (fifteen) Days before the submission date.

For clarification of Proposals the Client 's address rs:

Attention: Project Director (SE), RHD, Support to Improvement of the Hatirjheel-Rampura Bridge-
Bonoshree-Sheikherjaiga-Amulia-Demra Highway (with link to Tarabo and Chittagong road) into
,1-lanes through PPP.

Address: Roorn no.- 220,Part-B, Level-02, Sarak Bhaban, Tejgaon, Dhaka-1208

ITC 16.I A Pre-Proposal Meeting will be held at.'

Place: Office of the Project Director (SE), RHD, Support to Improvement of the Hatirjheel-Rampura
Bridge-Bonoshrcc-Sheikher.jaiga-Amulia-Dernra Highway (with link to Tarabo and Chittagong
road) into 4-lanes tlrrough PPP, Salak Bhaban, Tejgaon, Dhaka

Date: 16.03.2022 Time: ll:00 a.m.

ITC 2l.l (c) Other documents required to be submitted with the Proposal are: Not applicable

ITC 23.11 The total cstinrated numbcr of prof'essional stafl'-rnonths rcquired tbr the assignment is

I 78 Staff Months of Key Prot'essional/Experl and 672 Staff Months of Non-Key Professional
Z-
4.6,
Project lmplemenlalion Consultancy Servicefor Supporl lo Improvement ofHatirjheel (Rampura Bridge)-Shekherjaiga
Link to Taraho and Chittagong Rood) High.way inro 4-Lanes through PPP
(w, * zr\
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tTC 23.12 Ihe Financial Proposal shall not exceed the available budget (excluding the amount of tax obligations
.rnder the Applicable Law) of N/A

rrc 23.13 Ihe minimum required qualification and experience of prof'essional staff are as follows:

4,s per Terms of References (ToR)

rTC 24.1(i) Training is not a specific component of this assignment.

rrc 24.1(i) Additional information on the Technical Proposal includes: Not Applicable.

(l) a per diem allowancc in respect of Personnel of the Consultant for every day in which thi
ITC 25.1 Personnel shall be away from the homc offiic for thc purpose of assignmcnt;.

(2) cost of necessary travel, including transportation of the Personnel by the most appropriate meant
of transport and the most direct practicable route;
(3) cost of office accommodation, investigations and surveys;

(4) cost of applicable international or local communications such as the use of telephone and lacsimik
required for the purpose of the Services;

(5) cost, rental and freight of any instruments or equipmerrt required to be provided by the Consultantr
for the purposes ofthe Services;
(6) cost ofprinting and dispatching ofthe reports to be produced for the Services and

(7) cost ofsuch further items required for purposes ofthe Services not covered in the foregoing.

tTC 21.1 Amounts payable by the Client to the Consultant under the contract to be subject to local taxation:
Yes.
The Client will pay such taxes on behalf olthe Consultant (i.e. firm). Personal Incomc taxcs
applicable on Consultant's individual personnel is Consultant's or its individual person's
responsibility.

The Client will provide the following services, facilities and property:
ITC 28.1(a)
Relevant documents, guidelines and data available to the client.

rTc 29.1 The currency of the Proposal shall be: Bangladesh Taka (BDT).

Proposals shall remain valid for I20 (One Hundred and Twenty) days after the Proposal submission
ITC 30.2
date.

The Consultant must submit I (one) original for both the Technical Proposal and the Financial
rrc 32.2
Proposal in separate sealed envelope and 2 (Two) copies ofthe Technical Proposal and a soft copy.
The Proposal to be addressed to, received by and, opened at the address is:
rrc 33.3(b),
Office of the Project Director (SE), RHD. Supporl to Improvement of the Hatirjheel-Rampura
34.1 and 36.1
Bridge-Bonoshree-Sheikherjaiga-Amulia-Demra Highway (with link to Tarabo and Chittagong
road) into 4-lanes through PPP.

Address: Room no.- 220, Part-8, Level-02, Sarak Bhaban, Tejgaon, Dhaka-1208

Proposals must be submitted not later than the following


Date: 07 April2022
Time: 03:00 pm (Bangladesh Standard Time)

tTC 41.2 The points to be given under each ofthe evaluation criteria are:

Projectlmplementation Consuhancy Servicelor Suppofl lo Improventent ofHatirjheel (Rampura Bridge) (wi rh 22


Link to Taraho and Chittagong Road) Highway into 4-Lane.s throush PPP

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Criteria, sub-criteria Points

(i) Specific experience of the consultant Firm relevant to the assignment.

(l)Experience of Construction Supervision of 4 lane Highway/ 2s%


Expressway Projects (NOs) completed within last 08 years
(2) Design of Bridges/ Flyovers of minimum 500m completed within last 40%
08 years
(3) Experience of supervising PPP Contracts (NOs) completed within last 35%
08 years

T0tal points for criterion (i): l0

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

(a)Technical Approach & Methodology 20

point be made on the sub criteria according to the technical approach


wiil
and methodology of each task mentioned in the scope of the consultancy
service including a compressive approach and methodology interlinking all
the tasks as a whole.

(b) Work plan l0

P*rt *ill b.made on the sub criteria according to the technical approach
and methodology of each task mentioned in the scope of the consultancy
service including a wide-ranging plan accommodating all the tasks as a

whole.
(c) Organization and Staffing (According to methodology and work plan) 5

Total points for criterion (ii): 35

(iii) Professional staff qualifications and competence for the assignment

International Key Professional

(a) Team Leader / Senior Highway Engineer r 2.00

(b) Senior Bridge Engineer 8.00

(c) Traffic Engineer and Transportation expefi 5.00

(d) Legal Advisor 5.00

National Key Professional

a) Bridge Engineer (Deputy Team Leader) 8.00

b) Traffic and Transportation Expert 4.00

c) Foundation and Geotechnical Expert 3.00

d) Highway Engineer 4.00

e) Environmental Engineer 2.00


4.00
0 LegalAdvisor

Total points for criterion (iii):


lnrN
Prctlecl lmplentenlation Consullanq' Sertice lor Srtpporl to lnrprot'em
illr
Ltn'k to Taraho and Chittrtgong Road) Hlgft'rtf ittto l-l,anes through l!
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[points to be assigned to each of the above position or discipline shall be
delermined considering thefollowing three sub criteria and relevant percentage
weights:
(l ) General Qualifications 2s%
(2) Adequacy for the assignment 60%
(3) Time with the firm t5%

Total llteight: 1000h

TOTAL POINTS FOR THE THREE CRITERIA r00

The minimum Technical Points (Tp) required to pass is 70.


tTc 41.2

ITC 45.1 The weights given to the Technical and Financial proposals are: T : 0.g5 and F : 0.l5
The address for contract negotiations is: office of the project Director (sE), RHD,
tTC 46.2
Support to Improvement of the Hatirjheel-Rampura Bridge-Bonoshree-Sheikherjaiga-Amulia-Demra
Highway (with link to Tarabo and Chiuagong road) into 4-lanes through ppp.
Room no.- 220,Part-8, Level-02, Sarak Bhaban, Tejgaon, Dhaka-120g
The assignment is expected to commence on within l5 (Fifteen) days of signing the contract.
ITC 56.1

The name and address of the office where complaints to the Client under Rule 57 of the ppR.2008 are
ITC 57.5
to be submitted is
Office of the Project Director (SE), RHD,
Supporl to Improvement of the Hatirjheel-Rampura Bridge-Bonoshree-Sheikherjaiga-Amulia-Demra
Highway (with link to Tarabo and Chittagong road) into 4-lanes through ppp.
Room no.- 220,Part-B, Level-02, Sarak Bhaban, Tejgaon, Dhaka-120g.

Project lmplementarion Consullancy service Jor Supporl lo lmprovement of Hatirjheel (Rampura


LinktoTaraboandChittagongRoad)Highwayinto4.LanesthroughPPP

#e
Section 3. General Conditions of Contract
A. General Provisions
1. Definitions ll In the Conditions of Contract, which include Particular Conditions and
these General Conditions; the following words and expressions shall
have the meanings hereby assigned to them. Boldface type is used to
identify the defined terms:
(a) Approving Authority means the authority which, in accordance
with the Delegation of Financial Powers, approves the award of
Contract for the Procurement of Goods, Works and Services.
(b) Competent Authority means the authority tliat gives decision
on specific issues as per delegation of administrative and/or
financial powers.
(c) Client is the party named in the PCC who engages the
Consultant to perform the Services.
(d) Completion means the fulfilment of the Services by the
Consultant in accordance with the terms and conditions set forth
in the Contract.
(e) Completion Date is the date of actual completion of the
fulfilment of the Services certified by the Client, in accordance
with GCC Clause 57.1.
(0 Consultant is a person who has been shortlisted to submit a
Proposal for providing intellectual and professional services
duly accepted by the Client; named as such in the PCC and the
Contract Agreement.
(e) Contract Agreement means the Agreement entered into
between the Client and the Consultant together with the Contract
Documents.
(h) Contract Documents means the documents listed in the
Agreement, including any Addendum thereto. that is these
General Conditions of Contract (GCC), the Pafticular
Conditions of Contract (PCC), and the Appendices.
(i) Contract Price means the price to be paid for the performance
of the Services, in accordance with GCC Clause 50.1.

U) Day rneans calendar day unless otherwise specified as working


days.

(k) Effective Date means the date on which this Contract comes into
force pursuant to CCC Clause 18.1.
(l) Foreign Currency means any cunency other than the currency
of the Client's count
(m) GCC mean the General Conditions of Contract.
(n) Government rneans the Government of the People's Republic
of Bangladesh.

Project lmplemcntalion Consultancy Servicelor Support lo lmproveruent ofHatirjhcel (Rampura Bridge)


Link to Taraho anLl Chittagong Road) Higlly'ot'itrto 4-Lones through PPP
4 v--
(o) Intended Completion Date is the date on which it is intended
that the Consultant shall complete the Services as specified in
the PCC.
(p) Local Currency means the currency of the Client's country.
(q) Member means in case where the Consultant consists of a joint
venture, consortium or association any of the entities that make
up the joint venture; and "Members" means all these entities.

G) Month means calendar month


(s) Party means the Client or the Consultant, as the case may be,
and "Parties" means both of them. Third party means any party
other than Client and Consultant.
(t) Personnel means professionals and support staff provided by the
Consultant or by any Sub-Consultant and assigned to perform
the Services or any pah thereof; and "Key Staff/Personnel"
means the Personnel referred to in GCC Sub Clause 24.1.

(u) "Public funds" means any funds allocated to the Client under
Government budget, or loan, grants and credits placed at the
disposal of the Client through the Government by the
Development Partners or foreign states or organizations.
(") Reimbursable expenses mean all assignment-related costs
other than Consultant's remuneration,
(w) Remuneration means all costs related to payments of fees to the
Consultant for the time spent by the professional and other staff
on assignment related activities.
(x) PCC means the Particular Conditions of Contract by which the
GCC may be amended or supplemented.
(y) Services means the work to be performed by the Consultant
pursuant to this Contract, as described in Appendices I to 7 of
the Contract Agreement.
(z) Sub-Consultant means any person or entity to whom/which part
ofthe Services is sub-consulted.
(aa) Third Party means any person or entity other than the
Government, the Client, the Consultant or a Sub-Consultant.
(bb) In Writing means communicated in written form with proof of
receipt.

2, Phased Completion 2.1 If phased completion is specified in the PCC, references in the GCC to
the Services, the Completion Date, and the Intended Completion Date
apply to any Phasc of the Services (other than references to thc
Completion Date and Intended Completion Date for the whole of the
Services).

3. Communications and 3.1 Communications between Parties (notice, request or consent required
Notices or permitted to be given or made by one party to the other) pursuant to
the Contract shall be in writing to the address as specified in the PCC.

3.2 A notice shall be effective when delivered or on thc notice's effective


date, whichever is later.

Project Implementalion Consultancy Servicelor Support lo Improvement olHotirjheel (Rampura Bridge)-Shekherjaiga-Antulia


Link to Tarabb and Chittagong Road) Highway into 4-Lanes through PPP

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3.3 A Party may change its address for notice hereunder by giving the other
Party notice ofsuch change to the address.

4. Governing Law 4.1 The Contract shall bc governed by and interpreted in accordance with
the laws of the People's Republic of Bangladesh.

5. Governing Language 5.1 The Contract shall be written in English. All correspondences and
documents relating to the Contract shall be written in English.
Supporting documents and printed literature that are part of the
Contract may be in another language, provided they are accompanied
by an accurate translation of the relevant passages in English, in which
case, for purposes of [nterpretation of the Contract, such translation
shall govern

5.2 The Consultant shall bear all costs of translation to the governing
language and all risks ofthe accuracy ofsuch translation.

6. Documents Forming 6.1 The following documents fotming the Contract shall be interpreted in
the Contract in Order the following order of priority:
of Precedence (a) the Contract Agreement;
(b) the Particular Conditions of Contract (PCC);
(c) the General Conditions of Contract (GCC);
(d) the Appendix ( I to 6); and

(e) any other document as specified in the PCC forming part of the
Contract.

7, Assignment 7.r Neither the Client nor the Consultant shall assign, in whole or in part,
their obligations under this Contract; except with prior written approval
of the client.

8. Eligible Services 8l All materials, equipment, plant, and supplies used by the Consultant and
scrviccs supplied undcr the Contract shall have their origin in the
countrics, cxcept those as spccified in the PCC.

9. Commissions and Fees 9.1 The Client will require the successful Consultants to disclose any
commissions or fees that may have been paid or are to be paid to agents,
representatives, or commission agents with respect to the selection
process or execution of the contract. The information disclosed must
include at least the name and address of the agent, representative, or
commission agent, the amount and currency, and the purpose of the
commission or fee.

10" Joint Venture, l0.l If the consultant is a Joint Venture all of the parties shall sign the
Consortium or Contract Agreement.
Association (JVCA)

lmplementalion Con.sultancy Senicefor Support to Improvemenl oIHolirjheel (Rampura Bridge)-Shekherjaigo-Amulia

Uv-
Taraho and Chittagong Road) HiShyo.v inro 4-Lane.s through PPP
10.2 Each partner of the Joint Venture (this does not include sub
consultancy) shall bejointly and severally liable for the execution of
the Contract, all liabilities and ethical and legal obligations in
accordance with the terms of the Contract.

10.3 The composition or the constitution of the Joint Venture shall not be
altered without the prior approval of the Client.

11. Authority of Member 1l.l In case the Consultant is a Joint Venture consisting of more than one
in Charge entity, the partners shall designate one party to act as Representative,
as specified in the PCC, with authority to conduct all business for and
on behalf of all partners of the Joint Venture, including without
limitation the receiving of instructions and payments from the Client.

12. Authorized l2.l Any action required or permitted to be taken, and any document
Representatives required or permitted to be executed under this Contract by the Client
or the Consultant may be taken or executed by the officials as specified
in the PCC.

13. Relation between the l3.l Nothing contained herein shall be construed as establishrng a relation
Parties of master and servant or of principal and agent as between the Client
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 Services performed
by them or on their behalfhereunder.

14. Location l4.l The Services shall be performed at such locations as are specified in
Appendix l, to the Contract and, where the location of a particular
task is not so specified, at such locations as the Client may approve.

15. Taxes & Duties 15.1 The Consultant, Sub-Consultant and Personnel shall pay such
indirect taxes, duties, fees and other impositions levied under the
Applicable Law as specified in the PCC, the amount of which is
deemed to have been included in the Contract Price.

16. Corrupt, Fraudulent, 16.1 The Government requires that Client, as well as Consultants shall
Collusive or Coercive observe the highest standard of ethics during the implementation of
Practices procurement proceedings and the execution of the Contract under
public funds.

Project Implementalion Consultancy Servicefor Support to Improvement of Hatirjheel (Rampura Bridge)-Shekheriaiga-Amulio-Demra Road (With 28
Link to ftirabo and Chiltagong Road) Highway inlo 4-knes through PPP

(,({
16.2 For the purposes of this Sub-Clause, the terms set-forth below are
defined as follows:
(i) "con-upt practice"r is the offering, giving, receiving or soliciting,
dircctly or indirectly, of anything of value to influence improperly the
actions of another party;
(iD "fraudulent practice" 2 is any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or attempts to
mislead, a party to obtain a financial or other benefit or to avoid an
obligation;
(iii) "collusive practice"r is an arrangement between two or more parties
dcsigned to achieve an impropcr purpose, including to influence
improperly the actions of another party;
(iv) "coercive practice"a is impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party;
(v) "obstructive practice" is
(aa) deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation or making false statements
to investigators in order to materially impede a Bank
investigation into allegations of a comrpt, fraudulent, coercive or
collusive practice; and/or threatening, harassing or intimidating
any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation;
or
(bb) acts intended to materially impede the exercise of the Client's
inspection and audit rights provided for under Clause 36.1

16.3 Should any comrpt or fraudulent practice of any kind come to the
knowledge of the Client, it shall, in the first place, allow the Consultant
to provide an explanation and shall take actions only when a
satisfactory explanation is not received. Such decision and the reasons
thcretbre, shall bc rccorded in the procurement proceedings and
promptly communicated to the Consultant concerned. Any
communications between the Consultant and the Client related to
matters of alleged fraud or comrption shall be in writing.
G.q If com;pt, fraudulent, collusive or coercive practices of any kind
determined by the Client against the Consultant alleged to have carried
out such practices, the Client will:
(a) exclude the Consultant ltom further participation in the
particular Procurement proceeding; or
(b) declare, at its discretion, the Consultant to be ineligible to
participate in further Procurement proceedings, either
indefinitely or for a specific period of time.

I "Another party" refers to a public official acting in relation to the selection process or contract execution. ln this context,
"public official" includes World Bank staff and employees of other organizations taking or reviewing procurement decisions.
2 A "party" refers to a public official; the terms "beneflt" and "obligation" relate to the selection process or contract execution;
and the "act or omission" is intended to influence the selection process or contract execution.
3 "Parties" refers to participants in the selection process (including public officials) attempting to establish
artificial, non-competitive levels.
a A "party" refers to a participant in the selection process or contract execution.
Pro ject Implementalion Consultanq, Senicefor Support to Improvemenl oIHatirjheel (Rompura Bridge)-Shekherjaiga-Amulia-

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16.5 The Govemment requires that Client, as well as Consultants shall, during
the Procurement proceedings and the execution of Contracts under publii
funds, ensure-

(a) strict compliance with the provisions of Section 64 of the


Public Procurement Act, 2006;
(b) abiding by the code of ethics as menrioned in the Rulel2T
of the Public Procurement Rules, 2008;
(c) that neither it, nor any other member of its staff, or any
other agents or intermediaries working on its behalf
engages in any such practice as detailed in GCC Sub
Clause 1-6.2(b).

16.6 The covernment requires that the client's personnel have an equal
obligation not to solicit, ask for andlor use coercive methods to obiain
personal benefits in connection with the said proceedings.

B. Commencement, Completion and Modification

17. Effectiveness of 17.1 The contract shall come into force and effect on the date, called the
Contract "Effective Date", of the Client's notice to the Consultant instructing the
consultant to commence carrying out the Services, This notice ihall
confirm that the effectiveness conditions, if any, as specified in the pcc
have been met.

18. Effective Date l8.l rhe date the conffact comes into effect shall be as specified in the pcc.
19. Termination of l9.l If the Contract has not become effective within such time period after the
Contract for date of the contract signed by the parties as specrfied in the GCC clause
Failure to Become 18.1, either Party may, by not less than twenty-one (21) days written notice
Effective to the other Party, declare this 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.

20. Commencement 20.1 The Consultant shall commence carryring out the Services not later than the
of Services number of days after the Effective Date as specified in the pCC

21. Expiration of 2l.l Unless terminated earlier pursuant to GCC Clauses 63 to 66, this Contract
Contract shall expire at the end of such period after the Effective Date as specified in
the PCC or any extension of time approved by the Client

22. Modifications or 22.1 The client may notify the consultant to alter, amend, omit, add to, or
Variations otherwise vary the services, provided that the changes in the Services
involved are necessary for the satisfactory completion oithe assignment.

Proiect Implementation Consuhancy.servicefor Support lo Improvement olHatirjheel (Rampura


Bridge)-shekherjoiga-Amulia-
Link to Tarabo and Chittagong Road) Highway into 4-l^anes through ppi
22.2 Any modification or variation of the terms and conditions of the Contract,
including any modification or variation of the Scope of the Services, may
only be made by written agreement between the Parties. Each Party shall give
due consideration to any proposals for modification or variation made by the
other Party.
22.3 In cases of substantial modifications or variations, the prior written consent
of the Donor Agency/ Development Partner, would be required.

22.4 The Consultant shall submit to the Client an estimate for the proposed change
in the Services within fifteen (15) days of receipt of such Variation Order(s)
as stated under GCC Sub Clause 22.2. The estimate shall comprise the
following:
a. an estimate of the impacts, if any, of the Variati,on Orders on the
staffing Schedule;
b, a detailed schedule for execution of the Variation Orders showing
the resources to be employed and significant outputs;

c. a detail costing covering the total amount of the Variation Orders;


and

d. a proposed revision of the schedule of payments as approved, if


required.

22.4YariaIion Orders, as stated under GCC Sub Clause 22.2, costing within fifteen
(15) percent of the original Contract Price shall be approved by the
Approving Authority and for cost beyond flfteen (15) percent by the
authority higher than the Approving Authority.

22.5 For the purpose of determining the remuneration due for services or any other
reimbursable expenses under Variation Orders as may be agreed under GCC
Sub Clause 22,the breakdown of the unit price provided in Forms 5B3 and
5B4 shall be the basis.

C. Consultant's Personnel and Sub-Consultants


23. General 23.1 The Consultant shall employ and provide such qualified and experienced
Personnel and Sub-Consultants as are required to carry out the Services
under the Contract.

24. Description of 24.1 The title, agreed job description, minimum qualification and period of
Personnel engagement in carrying out of the Services of each of the Consultant's Key
Personnel has already been approved by the Client as are described in
Appendix 3, to the Contract.

24.2 The periods of engagement of Key Personnel set forth in Appendix 3 may
be increased by agreement in writing between the Client and the Consultant,
if additional work is required beyond the Scope of the Services specified in
Appendix I to the Contract. In case that will cause payments under the
Contract to exceed the ceiling set forth in GCC Sub Clause 47.2 of this
Contract, this will follow procedures as stated under GCC Clause 22,
including prior review where necessary.

25" Approval of 25.1 The Client approves the Key Personnel and Sub Consultants listed
Personnel well as by name in Appendix 3 to the Contract. In respect of

Project Implemenlation Consultanq,Sett'ice /br Support to Improvenrcnl o.[Hatiriheel (Rampura Bridge)


Link to Taraho and Chittogong Rood) Highwav into 4-Loncs through PPP

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that the Consultant proposes to use in carrying out of the Services, the
Consultant shall submit to the Client for review and approval a copy of their
Curricula Vitae (CVs). If the Client does not object in writing (stating the
reasons for objection) within twenty-one (21) days from the date of receipt of
such CVs, such Personnel shall be deemed to have been approved by the
c lient.

26. Working Hours, 26.1 Working hours and holidays for Key Personnel are set forth in Appendix 4 to
Overtime, Leave the contract. To account for travel time, Foreign Personnel carrying out
etc. Services inside the Client'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 departure from the Client's country as is specified in
Appendix C hereto.

26.2 The Key Personnel shall not be cntitled to be paid for overtime nor ro take
paid sick leave or vacation leave, except as specified in Appendix 4 to the
contract and except as specified in such Appendix, the Consultant's
remuneration shall be deemed to cover these items. All leave to be allowed
to the Personnel is included in the staff-months of service set forth in
Appendix 3 to the contract. Any taking of leave by Personnel shall be subject
to the prior approval by the Consultant who shall ensure that absence for leave
purposes willnot delay the progress and adequate supervision of the Services.

27. Removal and/or 27.1 Except as the Client may otherwisc agree, no changcs shall be made in the
Replacement of Personnel. If, for any reason beyond the reasonable control of the
Personnel Consultant, it becomes necessary to replace any of the Personnel, the
Consultant shall forthwith provide as a replacement a person of equivalent
or higher qualifications acceptable to the Client.

27.2 lf the Client


(a) finds that any of the Personnel has cornmitted serious misconduct
or has been charged with having committed a criminal action, or
(b) has reasonable cause to be dissatisfied with the performance of any
ofthe Personnel;
then the Consultant shall, at the Client's written request specifying the
grounds therefore, forthwith provide as a replacement, a person with
qualifications and experience, as stated under GCC Sub Clause 27.1,
- acceptable to the Client.

27.3 Any of the Personnel provided as a replacement under GCC Sub Clauses
27.1 and27.2,the rate of remuneration applicable to such person as well as
any reimbursable expenses(including expenditures due to number of eligible
dependents) the Consultant may wish to claim as a result of such
replacement, shall be subject to the prior written approval by the Client.
Except as the Client may otherwise agree;
a. the Consultant shall bear all additional travel and other costs
arising out of or incidental to any removal and/or replacement, and
b. the remuneration to be paid for any of the Personnel provided as a
replacement shall not exceed the remuneration which would have
been payable to the Personnel replaced.

Proiect Implementation Consullancy Service for Supporl lo Improventent of Hatirjheel (Rampura Britlge) -shekherjaiga-Anulia (with 32
Littk to Tarabo and Chittagong Road) Highway into 4-Lane.s through_PPP
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27 .4 Tn the event that any Sub-Consultant is found by the Client to be incompetent
or incapable of discharging the allocated duties, the Client may request and
the Consultant shall providc a replacement, with qualifications and
cxpericnce acceptable to the Client, or to resume the performance of the
Services by itself.
27 .5 If required by the PCC, the Consultant shall ensure that at all times during
the Consultant's performance of the Services in the Government's country
a resident project manager, acceptable to the Client, shall take charge of
the perfonnance of such Services.

D. Obligations of the Consultant

28. Standard of 28.1 The Consultant shall perform the Services and carry oirt its obligations
Performance hereunder with all due diligence, efficiency and economy, in accordance
with generally accepted professional standards and practices, and shall
observe sound management practices, and employ appropriate technology
and safe and effective equipment, machinery, materials and methods. The
Consultant shall always act, in respect of any matter relating to this Contract
or to the Services, as faithful advisers to the Client, and shall at all times
support and safeguard the Client's legitimate interests in any dealings with
Sub Consultants or Third Parties.

29. Conflict of Interests 29.I The Consultant shall hold the Client's interest's paramount, without any
consideration for future work, and strictly avoid conflict with other
assignments or their own corporate interests

30. Consultant Not to 30.I The remuneration of the Consultant as stated under GCC Clauses 44,46 and
Benefit from 48 shall constitute the Consultant's sole remuneration in connection with
Commissions this Contract and, subject to GCC Sub Clause 3l.I hereof, the Consultant
Discounts etc. shall not accept for their own benefit any trade commission, discount or
similar payment in connection with activities pursuant to this Contract or in
the discharge of their obligations hereunder, and the Consultant shall use
their 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
remuneration.

30.2 Furtherrnore, ifthe Consultant, as part ofthe Services, have the responsibility
of advising the Client on the procurement of Goods, Works or Services, the
Consultant shall at all times exercise such responsibility in the best interest
of the Client. Any discounts or commissions obtained by the Consultant in
the exercise of such procurement responsibility shall be for the account of
the Client.

31. Consultant and 3l.l The Consultant agrees that, during the term of this Contract and after its
Affiliates not to termination, the Consultant and any entity affiliated with the Consultant, as
Engage in Certain well as any Sub-Consultant and any entity affiliated with such Sub-
Activities Consultant, shall be disqualified from providing goods, works or services
(other than consulting services) for any project resulting from or closely
related to this consulting services .

32. Prohibition of 32.1 The Consultant shall not engage, and shall cause their Personnel as well as
Conflicting their Sub-Consultants and their Personnel not to engage, either directly or
Activities indirectly, in any business or professional activities in Ba
would conflict with the activities assigned to them under this ,

Project lntplcme ntation Con.sultanq) Scrvice,/br Support to lmprove ment of [latiriheel lRampura Bridge)-Shekherjaiga-Amulia-
Link to Taraho trnd Cltittagong Road) Highwo"v into 4-Lonc,t through PPP

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33. Confidentiality 33.1 Except with the prior written consent of the Client, the Consultant and
the Personnel shall not at any time communicate to any person or entity any
confidential information acquired in the course of the Services. nor shall the
Consultant and the Personnel make public the recommendations formulated
in the course of, or as a result of, the Services.

[For the purposes oJ'this Clau,se "corfidential inJbrmation" meons ony


information or knowledge acquired by the Con.yultant and/or their Personnel
arising out of, or in connection with, the performance o/'the services under
this Contract that is not otherwise available to the publicJ

34. Liability of the 34.lPursuant to Rule 125 (4) of the public procurement Rules, 200g, the
Consultant consultant, in lieu of furnishing any perforrnance Security, shall be, liable
to and required to indemnify, the client as stated under GCC Sub clause
34.2 thru 34.6 inclusive for due performance of the Contract.

34.2The consultant shall indemnify the client from and against any and all
claims, liabilities, obligations, losses, damages, penalties, actions,
judgment, suits, proceedings, demands, costs, expenses and disbursements
of whatsoever nature that may be imposed on, incurred by or asserted
against the client during or in connection with the Services by reason of:
(a) infringement or alleged i,fringement by the consultant of any
patent or othcr protected right; or
(b) plagiarism or alleged plagiarism by the Consultant.

34.3 The Consultant shall ensure that all goods and services (including without
limitation all computer hardware, software and systems) procur-d by the
consultant out of funds provided or reimbursed by the client or used by
the Consultant in the carrying out of the Services do not violate or infringe
any industrial property or intellectual property right or claim of any thiid
party.
34.4 The consultant shall indemnify, protect and defend at their own expense
the client, and its agents and employees from and against uny und uu
actions, claims, losses or damages arising out of consultant's failure to
exercise the skill and care required under GCC Crause 26 provided:
(a) that the Consultant is notified of such actions, claims, losses or
damages not later than the number of months after conclusion of
' the Services as specified in the pCC;
(b) that the ceiling on the consultant's liabirity under GCC clause
28 shallbe limited to the amount as specified in the pcc, except
that such ceiling shall not apply to actions, claims, losses or
damages caused by consultant's gross negligence or reckless
conduct, and
(c) that the consultant's liability under GCC clause 2g shall be
limited to actions, claims, losses or damages directly caused by
such failure to exercise the said skill and care, and shall not
include liability for any actions, claims, losses or damages
arising out of occulrences incidental or indirectly .on."qr.niiul
to such failure.

34.5 In addition to any liability the Consultant may have under GCC Clause
28, the Consultant shall, pursuant to Rule 125 (5) of the

Projecl Implementation Consullancy Servicefor Supporl to lmprovement ofHalirjheel (Rampura


Bridge)-shekherjaiga
Link to Tarabo and Chittagong Road) Highway into 4-Lanes througbppp"
Procurement Rules, 2008, at their own cost and expense, upon request of
CIient; re-perform the Services in the event of Consultant's failure to
exercise the skill and care required under GCC Clause 28.

34.6 Notwithstanding the provisions of GCC Sub Clause 32.4(a), the


Consultant shall have no liability whatsoever for actions, claims, losses
or damages occasioned by:
(d) Client's overriding a decision or recommendation of the Consultant
or requiring the Consultant to implement a decision or
recommendation with which Consultant do not agree; or
(e) the improper execution of the Consultant's instructions by agents,
employees or indeperident contractors of the Client.

35. Insurance to be 35.1 The Consultant


taken out by the
(a) shall take out and maintain, and shall cause any Sub-Consultants to
Consultant
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
Client, insurance against the risks, and for the coverage as specified
in the PCCI and
(b) at the Client's request, shall provide evidence to the Client showing
that such insurance has been taken out and maintained and that the
current premiums therefore have been paid.

36. Accounting, 36.1 The Consultant shall


Inspection and (a) keep accurate and systematic accounts and records in respect ofthe
Auditing
Services hereunder, in accordance with
nationally/intemationally accepted accounting principles and in
such form and detail as will clearly identify all relevant changes
in time and costs, and the bases thereof;
and

(b) periodically permit the Client or its designated representative or the


Development Partner's representative, when applicable, and up
to five (5) years from the expiration or termination of this
Contract, to inspect the same and make copies as well as to have
them audited by auditors appointed by the Client, if so required
' by the Client as the case may be.

36.2 The Consultant shall furnish the Client such information relating to the
Services as the Client may from time to time reasonably request.

37. Consultant's 31.1 The Consultant shall obtain the Client's prior approval in writing before
Actions Requiring taking any of the following actions:
Client's Prior (a) any change or addition to the Personnel listed in Appendix 3 to
Approval
the Contract;
(b) any subcontract relating to the Services to an extent and, with
such specialists and entities as may be approved; and
(c) any other action that may be specified in the PCC.

37.2 Notwithstanding any approval under GCC Sub Clause 37.1


Consultant shall remain fully liable for the performance of Servj

Project lmplcmcntotion Con,sultonct'Scn,ict'/or Supporl to lmprovcnrcnt o/ llatirihaol lRanrpttro Bridgc)-Shekherjaiga-Amulia


Link to Turuho ottd Chittogong Road) lligltway inro 4-Luncs thntugh PPP

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Sub-Consultant and its Personnel and retain full responsibility for the
Services.

38. Reporting 38.1 The Consultant shall submit to the Client the reports and documents
Obligations specified in Appendix 2 to the contract hereto, in the form, in the numbers
and within the time periods set fofth in the Appendix 2. Final Reporls
shall be delivered in cD RoM in addition to the hard copies specified in
the said Appendix.

39. Proprietary Rights 39.1 All plans, maps, diagrams, drawings, specifications, designs, statistics,
on Documents reports, other documents, data and software compiled or prepared by the
Prepared by the Consultant for the Client under this Contract shall become and remain the
Consultant absolute property of the Client, and the Consultant shall, not later than upon
termination or expiration of this Contract, deliver all such documents (both
hard copy and softcopy in cD) to the client, together with a detailecl
inventory.

39.2 The consultant may retain a copy of such documents and software, and use
such software for their own use with the prior written approval of the
Client.

39.3 other restrictions, if any, about the future use of these documents and
software, if any, shall be as specified in the pCC.

40. Proprietary Rights 40.1 Equipment, vehicles, tools and materials made available to the
on Equipment and consultant by the client, or purchased by the consultant wholly or
Materials partly with funds provided by the client, shal be the properry of the
Furnished by the
Client and shall be marked accordingly.
Client.

40.2 Upon termination or expiration of this Contract, the Consultant shall make
available to the Client an inventory of such equipment and materials and
shall dispose of such equipment and materials in accordance with the
Client's instructions.

40.3 During the possession of such equipment and materials, the Consultant,
unless otherwise instructed by the Client in writing, shall insure them at the
- expense of the Client in an amount equal to their fullreplacement value.

E. Obligations of the Client


41. Assistance and 4l.l The Client shall use its best efforts to ensure that the Government shall:
Exemptions
(a) provide the consultant, Sub-consultants and personnel with work
permits and such other documents as shall be necessary to enable
the consultant, sub-Consultants or personnel to pertbrm the
Services;

Proiecl Implementation Consultancy Sentice/or Supporl lo Improventenr o/Hatirjheel (Rampura


Bridge)-Shekherjaiga-Antulia-
Link to Tarabo and Chittagong Road) Highway into-4-Lanes through ppi
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(c) Facilitate prompt clearance through customs of any property
required for the Services and of the personal effects of the
Personnel and their eligible dependents.
(d) issue to officials, agents and representatives of the Government all
such instructions as may be necessary or appropriate for the
prompt and effective implementation of the Services;
(e) Exempt the Consultant and the Personnel and arry Sub-
Consultants employed by the Consultant for the Services from any
requirement to 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.
(0 Grant to the Consultant, any Sub-Consultants and the Personnel of
either of them the privilege, pursuant to the Applicable Law, of
bringing into the Government's country reasonable amounts of
foreign currency for the purposes of the Services or for the
personal use of the Personnel and their dependents and of
withdrawing any such amounts as may be earned therein by the
Personnel in the execution ofthe Services
(g) provide to the Consultant, Sub-Consultants and Personnel any
such other assistance as may be specified in the PCC.

42. Access to Land 42.1 The Client warrants that the Consultant shall have, free of charge,
unimpeded access to all land in respect of which access is required forthe
perfonrance of the Services. The Consultant shall, however, be responsible
for any damage to such land or any property thereon resulting from such
access, and will indemnify the Consultant and each of the Personnel in
respect of liability for any such damage, unless such damage is caused by
the default or negligence of the Consultant or any Sub-Consultant or the
Personnelof either of them.

43. Change in the 43.1 It', aftcr the date of signing of the Contract, and during the performance of
Applicable Law the Contract, there is any change in the Applicable Law with respect to taxes
Related to Taxes which increases or decreases the cost incurred by the Consultant in
performing the Services, then the amounts otherwise payable to the
Consultant under this Contract shall be increased or decreased accordingly
by agreement between the Parties hereto, and corresponding adjustments
shall be made to the ceiling amount specified in GCC Sub Clause 47.2.

44. Services, Facilities 44. I The Client shall make available to the Consultant and the Personnel, for the
and Property purposes of the Services and free of any charge, the services facilities and
properties described in Appendix 5 to the Contract at the times and in the
manner specified.

Project Implementalion Con.sultancy Ser'vicefor Support lo Improvenenl of Hatirjheel (Rampura Bridge)-Shekherjaiga-Amulia


Link to Taraho and Chitragong Road) Highway inro 4-Lane.r through PPP

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44.2 In case that such services, facilities and properly shall not be made available
to the Consultant as specified in Appendix 5, the Parties shall agree on:
i. any time extension that 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 and facilities from other sources, and
iii. the additional payments, if any, to be made to the Consultant as a
result thereof pursuant to GCC Sub Clause 47.3 hereinafter.

45. Payment 45.1 In consideration of the Services performed by the Consultant under this
Contract, the Client shall make to the Consultant such payments and in such
manner as stated under GCC Clauses 47 to 56.

46. Counterpart 46.1 The Client shall make available to the Consultant free of charge such
Personnel professional and support counterpart personnel, to be nominated by the
Client with the Consultant's advice, if specified in Appendix 58 to the
contract.

46.2If counterpart personnel are not provided by the Client to the Consultant as
and when specified in Appendix 58, the Client and the Consultant shall agree
on;
(a) how the affected part ofthe Services shall be carried out, and
(b) the additional payments, if any, to be made by the Client to the
Consultant as a result thereof pursuant to GCC Sub Clause 47.3.

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


personnel, shall work under the exclusive direction of the Consultant. lf any
member of the counterpart personnel fails to perform adequately any work
assigned to such menrber by the Consultant that is consistent with the position
occupied by such member, the Consultant may request the replacement of
such member, and the Client shall not unreasonably refuse to act upon such
request.

F. Payments to the Consultants

47. Cost Estimate of 47 .l An estimate of the cost of the Services is set forth in Appendix 6 to the
Services: Ceiling - contract.
Amount
47.2 Except as may be otherwise agreed under GCC Clause 22 and subject to
GCC Sub Clause 47.3, payments under this Contract shall not exceed the
ceilings in foreign currency and local curency as specified in the PCC.

47.3 Notwithstanding GCC Sub Clause 47.2, if pursuant to any of the GCC
Clauses 44, 46 or 48, the Parties shall agree that additional payments in
local and/or foreign currency as the case may be, shall be made to the
Consultant in order to cover any necessary additional expenditures not
envisaged in the cost estimate referred to in GCC Sub Clause 47.1 above,
the ceiling set fofth in GCC Sub Clause 47.2 above shall be increased by
the amount of any such additionalpayments.

Project Implementalion Consuhancy Servicefor Support to Improvement ofHatirjheel (Rampura Bridge)-Shekherjaiga-Anulia-


48. Payments: 48.1 All payments under this Contract shall be made to the account of the
General Consultant as specified in the PCC. Foreign currency payments shall be
made in the currency or currencies specified in the SC, and local currency
payments shall be made in the currency of the Client's country.

48.2 Payments in respect of remuneration or reimbursable expenses, which


exceed the cost estimates for these items as set forth in Appendix6to the
contract, may be charged to the physical contingency provided for only if
the Client approved such expenditures prior to being incurred.

48.3 With the exception of the final payment as stated under GCC Clause 53,
payments do not constitute acceptance of the Services nor relieve the
Consultant of any obligations.

49. Remuneration 49.1 Subject to the ceiling specified in GCC Sub Clause 47.2,the Client shall
and pay to the Consultant
Reimbursable
Expenses
(a) Remuneration as set forth in GCC Sub Clause 49.2; and
(b) Reimbursable Expenses as set forth in GCC Sub Clause 49.3.
Unless otherwise specified in the PCC, the said remuneration shall be fixed
for the duration of the Contract.

49.2 Remuncration for the Personnel shall be determined on the basis of time
actually spent by such Personnel in the pcrformance of the Services after
the date determined (or such othcr date as the Parties shall agree in writing)
in accordance with GCC Clause 21, at the rates referred to in the PCC.

49.3 Reimbursable expenses actually and reasonably incurred by the Consultant


in the performance of the Services, as specified in the PCC.

49.4 The remuneration rates referred to under Clause 49 .l(a) above shall cover:
a such salaries and allowances as the Consultant shall have agreed
to pay to the Personnel; as well as
b factors for social charges and overhead (bonuses or other means
of profit-sharing shall not be allowed as an element of overhead),
and

c the cost of backstopping by home office staff not included in the


Personnel listed in Appendix 3.

d the Consultant's fee.

49.5 Payments for periods of less than one month shall be calculated on an
hourly basis for actual time spent in the Consultant's home office and
directly attributable to the Services (one hour being equivalent to lll76'h
of a month) and on a calendar-day basis for time spent away from home
office (one day being equivalent to l/30th of a month).
49.6 Any rates specified for Personnel not yet appointed shall be provisional
and shall be subject to revision, with the written approval of the Client,
once the applicable salaries and allowances are known.

50. Contract Price The Contract Price is set

Projecl Implementalion Con.sullancy Servicefor Supporl lo Inprovcmenl o/ Hatirjheel (Rampura Bridge)-Shekhcrjoiga-A


Link to Taraho and Chittagong Road) Highway into 4-Lanes through PPP

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51. Modes of Billing 51 .l Payments respect of the Services shall be made in line with outputs
in
and Payment according to the payment schedule as specified in GCC Clauses 52, 53 and
55.

52. Advance Payment 52.1 If so, specified in the PCC, an Advance Payment shall be made to the
Consultant, of the amount and within the number of days after the
Effective Date as specified in the PCC. The Advance Payment shall be
made against the provision of a Bank Guarantee by the Consultant which
shall:
(a) remain effective until sixty percent (60%) Advanced Payment has
been adjusted as specified in the PCC; and

(b) be in the format as shown in Appendix 6

52.2 Advance Payments will be adjusted by the Client in equal instalments as


specified in the PCC until fully offset.

53. Interim Payments 53.1 Subject to the provision of Advance Payment stated in GCC Clause 52,as
soon as practicable and not later than fifteen (15) days after the end ofeach
calendar month during the period of the Services, or after the end of each
time intervals otherwise indicated in the PCC, the Consultant shall subrnit
to the Client, in duplicate, an itemized statement, accompanied by copies of
invoices, vouchers and other appropriate supporting materials, of the
amounts payable pursuant to GCC Clauses 49 to 55 for such month, or any
othcr period indicated in the PCC. Each statement shall distinguish that
portion of the total eligible costs which pertains to remuneration from that
portion which pertains to reimbursable expenses.

53.2 The Client shall pay the Consultant within thirty (30) days after the receipt
by the Client of the invoices with supporting documents. Only such portion
of a statement that is not satisfactorily supported may be withheld from
payment.

53.3 If the Client has delayed payment beyond thirty (30) days after the due date,
interest at the annual rate as specified in the PCC shall become payable as
from the above due date on any amount due by, but not paid on, such due
date.

53.4 .Should any discrepancy be found to exist between actual payment and
costs authorized to be incurred by the Consultant, the Client may add or
subtract the difference from any subsequent payments.

54. Amendment to 54.1 The amendment to Contract shall generally include extension of time to
Contract the Intended Completion Date, increase or decrease in original Contract
price and any other changes duly approved under the Conditions of the
Contract.

54.2 The Client contracting, shall amend the Contract incorporating the
required approved changes subsequently introduced to the originaI Terms
and Conditions of the Contract in line with the Rules, including prior
review where necessary.

55. Final Payment 55.1 The final payment under this Clause shall be made only after the fi
report and a final statement, identified as such, shall have been s
by the Consultant and approved as satisfactory by the Client. The
pura B rid ge) -Shekhe rj a iga-A nru I i a -
shall be deemed completed and finally accepted by the Client and the final
report and final statement shall be deemed approved by the Client as
satisfactory sixty (60) days after receipt of the final report and final
statement by the Client unless the Client, within such sixty (60) 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 thereafter the
foregoing process shall be repeated until such time as the final report and
the final statement have been approved by the Client.

56. Suspension of 56.1 The Client may, by written notice of suspension to the Consultant, suspend
Payments all or part of the payments to the Consultant hereunder if the Consultant
fails to perform any of its obligations under this Contract, including the
carrying out of the Services, provided that such notice of suspension:
(a) shall speciff the nature of'the failure, and

(b) shall requestthe Consultant to remedy such failure within a period


not exceeding thirty (30) days after receipt by the Consultant of
such notice of suspension.

G. Time Control
57. Completion of 57.1 The Consultant shall carry out the Services in accordance with the
Services Programme submitted by the Consultant, as updated with the approval
of thc Clicnt and completc them by the Intended Completion Date as
stated under GCC Clause 2l .1.

58. Early Warning 58. I Ifat any time during performance of the Contract, the Consultant or its
Sub-Consultants should encounter events, circumstances conditions that
may adversely affect the quality of the work. increase the cost of
Services or delay the execution of the Services, the Consultant shall
promptly notify the Client in writing of the delay, its likely duration, and
its cause. As soon as practicable after receipt of the Consultant's notice,
the Client shall evaluate the situation, and the Consultant shall cooperate
with the Client in making and considering proposals for how the effect
ofsuch an event or circumstance can be avoided or reduced.

59. Extension of the 59.1 In the event the Consultant is unable to complete the assignment by the
Intended lntended Completion Date it may request the Client to extend the
Completion Date lntended Completion Date giving reasons. The Client shall extend the
lntended Completion Date if the reasons given by the Consultant,
including prior review where necessary, are found acceptable. The
Client shall, however, decide by how much to extend the Intended
Completion Date.

60. Progress Meetings 60.1 The Client and the Consultant shall arrange progress meetings at regular
intervals to review the progress of works. The meeting may review the
plans for dealing with matters raised in accordance with the early
waming procedure.

60.2 The Client shall record the business of progress meetings and provide
copies of the record to those attending the meeting and to the Consultant
for action.

Projccl lmplcntentation Con.suhancy Scnice /br St?porl to lnVrovcnrcnt ofHatirjhccl (Runtpura Bridge)-Shekherjaiga-Anulia
Link to Taraho and Chirtagong Road) Highway into 4-Lones through PPP

w Y
H. Good Faith

61. Good Faith 6l.l The Parties undertake to act in good faith with respect to each other's
rights under this Contract and to adopt all reasonable measures to ensure
the realization of the objectives of this Contract.

62. Fairness in 62.1 The Parties recognize that it is impractical in the Contract to provide for
Operation 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 ori such action as may be necessary to remove the
cause or causes ofsuch unfairness, but no failure to agree on any action
pursuant to this Clause shall give rise to a dispute subject to arbitration
in accordance with GCC Clause 74.

I. Termination and Settlement of Disputes

63. Termination for 63.1 The Client or the Consultant, without prejudice to any other remedy for
Default breach of Contract, by notice of default sent to the other party, may
terminate the Contract in whole or in part if the other party causes a
fundamental breach ofcontract. In such an occurrencc one party shall
give not less than thirty (30) days'written notice of termination to the
other party.

63.2 Fundamental breaches of the Contract shall include but shall not be timited
to, the following:
(a) If the Consultant fails to remedy a failure in the perforrnance of their
obligations hereunder, as specified in a notice ofsuspension pursuant
to GCC Clause 56, within thifty (30) days of receipt of such notice of
suspension or within such further period as the Client may have
subsequently approved in writing;
(b) If the Consultant submits to the Client a statement which has a material
effect on the rights, obligations or interests of the Client and which the
Consultant knows to be false;
(c) If the Consultant, in the judgment of the Client, has engaged in comrpt,
' fraudulent, collusive and coercive practices in competing for or in
executing this Contract;
(d) If the Consultant or the Client fails to cornply with any final decision
reached as a result of arbitration proceedings pursuant to GCC Sub
Clawe74.2;
(e) If the client fails to pay any money due to the consultant pursuant to
this Contract and not subject to dispute pursuant to GCC Sub Clause
74.2 within forty-five (45) days after receiving written notice from the
Consultant that such payment is overdue; or
(0 If the Client is in material breach of its obligations pursuant to this
Contract and has not remedied the same within forty-five (45) days (or
such longer period as the Consultant may have subsequently approved
in writing) following the receipt by the Client of the
notice speciffing such breach.

Projecl Implementation Consullancy Service for Supporl lo lmprove,flent oI Hatiriheet (Rartpura Bridge)-Shekhcrjaiga-Anntlio
Link to Tarabo and Chittagong Road) Highway into 4-Lanes through PPP

f" e*
64. Termination for 64.1 The Client and the Consultant may at any time terminate the Contract by
Insolvency giving notice to the other party if:
(a) the Client becomes bankrupt or otherwise insolvent;
(b) the Consultant becomes (or, if the Consultant consist of
more than one entity, if any of its Members becomes)
insolvent or bankrupt or enter into any agreements with
their creditors for relief of debt or take advantage of any
law for the benefit of debtors or go into liquidation or
receivership whether compulsory or voluntary; or
(c) in such event, termination will be without compensation
to any party, provided that such termination will not
prejudice or affect any right of action or remedy that has
accrued or will accrue thereafter to the other party.

65. Termination for 65.1 The Client, by notice sent to thc Consultant, may in its sole discretion and
Convenience lbr any reason whatsoever, terminates the Contract, in whole or in part, at
any time for its convenience. The notice of termination shall specify that
termination is for the Client's convenience, the extent to which
performance of the Consultant under the Contract is terminated, and the
date upon which such termination becomes effective.

66. Termination 66.1 The Client and the Consultant may at any time terminate the Contract by
because of Force giving notice to the other party if, as the result of Force Majeure, the
Majeure Consultant is unable to perform a material portion of the Services for a
period ofnot less than sixty (60) days.

67. Force Majeure 67 .1 For the purposes of this Contract, "Force Majeure" means an event which
is beyond the reasonable control of a Party, is not foreseeable, is
unavoidable, and its origin is not due to negligence or lack of care on the
part of a Pafty, and which makes a Party's performance of its obligations
hereunder impossible or so impractical as reasonably to be considered
impossible in the circumstances, and includes, but is not limited to, war,
riots, civil disorder, earthquake, fire, explosion, storm, flood, epidemics,
or other adverse weather 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.

67.2 Force Majeure shall not include any:


(a) event which is caused by the negligence or intentional action of a
Party or such Party's Sub-Consultants or agents or employees, or
(b) event which a diligent Party could reasonably have been expected
both to take into account at the time of the conclusion of this
Contract, and avoid or overcome in the carrying out of its
obligations hereunder.

67 .3 Force Majeure shall not include insufficiency of funds or failure to make


any payment required hereunder.

68. No Breach of 68. l The failure of a Party to fulfil any of its obligations hereunder shall not be
Contract considered to be a breach of, or default under, this Contract insofar
inability arises from an event of Force Majeure, provided that t)
Projecl lmplemenlation Consultancy Servicefor Supporl lo Improvement ofI{atirjheel (Rampura Bridge) (ryith 43
Link to

w V o,\
w,> #
affected by such an event has taken all reasonable precautions, due care
and reasonable alternative measures, all with the objective of carrying out
the terms and conditions of this Contract.

69. Measures to be 69.1 A Party affected by an event of Force Majeure shall continue to perform
Taken on Force its obligations under the Contract as far as is reasonably practical, und rhall
Majeure take all reasonable measures to minimize the consequences of any event
of Force Majeure.

69.2 A Party affected by an event of Force Majeure shall notify the other Party
of such event as soon as possible, and in any case not later than fourteen
(14) days following the occurrence of such event, providing evidence of
the nature and cause of'such event, and shall similarly give written notice
of the restoration of normal conditions as soon as possible.

69.3 Any period within which a Party shall, pursuant to 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.

66.4 During the period of their inability to perform the Services as a result of
an event of Force Majeure, the consultant, upon instructions by the client,
shall either:
(a) demobilize, in which case the Consultant shall be reimbursed for
additional costs they reasonably and necessarily incurred, and, if
required by the Client, in reactivating the Services; or
(b) continue with the Services to the extent possible, in which case the
consultant shall continue to be paid under the terms of this
Contract and be reimbursed for additional costs reasonably and
necessarily incurred.

70. Cessation of 70.1 Upon tennination of the contract pursuant to GCC clauses 63 to 66, or
Rights and upon expiration of this contract pursuant to GCC clause 21, all rights and
Obligations obligations ofthe Parties hereunder shall cease, except
(a) such rights and obligations as may have accrued on the date of
termination or expiration;
(b) the obligation of confidentiality set forth in GCC Clause 33;
(c) the Consultant's obligation to permit inspection, copying and
auditing of their accounts and records set forlh in GCC clause 361
and
(d) any right which a Party may have under the Applicable Law.

71. Cessation of 7 t.r Upon termination of the contract by notice of either party to the other
Services

with respect to documents prepared by the consultant and equipment and


materials furnished by the client, the consultant shall proceed aJprovided,
respectively, by GCC Clauses 39 and or 40.

Proiect Implementalion Consullancy Semicelor Supporl to lmproventent ofHatirjheel


lRampura Bridge)-Shekheriaiga-Anptlia-
Link to Tarabo and Chittagong Road) Highway into 4-Lanes through ppp

K V
72. Payment upon
72.1 Upon termination of this Contract pursuant to GCC Clauses to 63 to 66, the
Client shall make the following payments to the Consultant:
Termination
(a) payment pursuant to GCC Clause 47 to 55 for Services
satisfactorily performed prior to the effective date of termination;

(b) except in the case of termination pursuant to GCC Sub Clause


63.2 (a), (b), & (c) and GCC Sub Clause 64,1 (b), reimbursement
of any reasonable cost incidental to the prompt and orderly
termination of the Contract, including the cost of the return travel
of the Personnel and their eligible dependents.

73^ Disputes about 73.1 If either Party disputes whether an event specified in GCC Clause 63, 64
Events of or 65 has occurred, such Party may, within forly-five (45).days after receipt
Termination of notice of termination from the other Party, refer the matter to arbitration
pursuant to GCC Clause 74.2, and this Contract shalI not be terminated on
account of such event except in accordance with the terms of any resulting
arbitral award.

73.2 ln the case of disagreement between the Parties as to the existence or extent
of Force Majeure, the matter shall be settled according to GCC Clause 74.

74. Settlement of 74.1 AmicableSettlement


Disputes
If either Party objects to any action or inaction of the otherParty, the
objecting Party may file a written Notice of Dispute to the other Party
providing in detail the basis of the dispute. The Party receiving the
Notice of Dispute will consider it and respond in writing within 14
days after receipt. If that Party fails to respond within l4 days, or the
dispute cannot be amicably settled within l4 days following the
response of that Party, Clause GC 74.2 shall apply.

74.2 Arbitration
(a) Any dispute between the Parties as to matters arising pursuant to this
Contract that cannot be settled amicably according to Clause GC 74.1
may be submitted by either Party for settlement in accordance with the
provisions specified in the PCC
(b) Notwithstanding any reference to arbitration herein
(i) the parties shall continue to perform their respective
obligations under the Contract unless they otherwise
agree; and

(ii) the Client shall pay the Consultant any monies due the
Consultant

Project Implementalion Con.wltanq, Servicelor Supporl lo Improvemenl ofHalirjheel (Rampura Bridge)-Shekherjoiga-Amulia-


Link to Tarabo and Chitragong Rpad) Highway into 4-Lanes through PPP

UY,r-
Section 4. Particular Conditions of Contract
in the General Conditions of Contract
GCC Clause
0.07 .037 .2t-1272

Ll (c)
vement of the Hatirjheel-Rampura Bridge-
way (with link to Tarabo and Chittagong road)

1.1 (0

l.l (n) EfGHT) months from the date of

GCC 2.I ing phases: "None"

GCC 3.I s are:

, Support to Improvement of the Hatirjheel-


Rampura Bridge-Bonoshree-sheikherjaiga-Amulia-Demra Highway (with
link to Tarabo and chittagong road) into 4-lanes through ppp.
Attention : Project Manager (EE), RHD, Support to Improvement of the Hatirjheel-
Rampura Bridge-Bonoshree-Sheikherjaiga-Amulia-Demra Ui ghway
lwith
link to Tarabo and chittagong road) into 4-ranes through ppp.
E-mail : [email protected]

Consultant :

Attention :

Facsimile :

E-mail :

GCC 6.1(e) The following additional documents shalI form the part of the contract:
None

GCC 8.I ,on .o-rr,.,", u


",,r,0,"
GCC I 1.I The Member in Charge is: Iinsert name with designation].

GCC I2.I The Authoriz"O*"0..,


For the Client: :

Project Director (sE), RHD, Support to lmprovement of the Hatirjheel-Rampura


Bridge-
Bonoshree-Sheikherjaiga-Amulia-Demra Highway (with link to Tarabo and
chittagorig road)
into 4-lanes through PPp.
For the Consultant : [insert name with designation].

GCC I5.I The Cl Sub-Consultants and the personnel shall


indirec
on the 1ilji:T::H:ilr",*,1#:?lthe
Appricabr
t-
n z
utcL'
"r'P'ctrtcntq"un Lonsutlancy Jerv,ce Jor sLryporl lo lmProvement o/ Hatirj heel (Rampura Bridge) -Shekherjaiga-Antu lia
t
' (wt
Link to Tarabo and Chittagong Road) Highway into'4-Lanes through ppi' 46

t, ( "{- €)
*
(a) any payments whatsoever made to thc Consultant, Sub-Consultants and the Personnel in
connection with the carrying out of the Servrces;

(b) any equipment, materials and supplies brought into the Government's country by the
Consultant or Sub-Consultants for the purpose of carrying out the Services and which,
after having been blought into such territories, will be subsequently withdrawn there from
by them;

(c) any equipmcnt imported for the purpose of carrying out the Services and paid for out of
funds provided by the Client and which is treated as property of the Client;

(d) any property brought into the Government's country by the Consultant, any Sub-
Consultants or the Personnel or the eligible dependents of such Personnel for their
personal use and which will subsequently be withdrawn there from by them upon their
respective departure from the Government's country.

GCC I7.1 The conditions for effectiveness of the Contract are the following: Client's approval of the
Consultant's proposal for appointment of specified personnel

GCC 18.I The time for commencement of the Services shall be the date of the Client's Notice to the
Consultant instructing to commence carrying out the Services.

GCC 20.1 l5 Days after the effective date.

GCC 2I.I The Contract shall expire 48 (FORTY-EIGHT) months from the date of commencement
unless terminated earlier pursuant to GCC clauses 63 to 66.

GCC 34.4(a) The Consultant is notified of such actions, claims, losses or damages not later than six (6)
months after conclusion of the Services.

GCC 34.4(b) The ceiling on Consultant's liability shall be limited to 100% (Hundred percent) of Contract
Amount.

GCC 35.1(a) The risks and thc covcrage shall be as follows:

(a) Third Party motor vehicle tiability insurancc in respect of motor vehicles operated in
Bangladesh by the Consultant or its Personnel or any Sub-Consultants or their Personnel,
with a minimum coverage of as per the law of Bangladesh
(b) Third Party liability insurance, with a minimum coverage of as per the law of Bangladesh

(c) Professional Liability insurance, with a minimum coverage of amount equivalent to


contract price.

(d) Employer's Liability and Workers' Compcusation insurarrce in respect of the Personnel
of the Consultant and of any Sub-Consultant, in accordance with the relevant provisions
of the Applicable Law, as well as, with respect to such Personnel, any such life, health,
accident, travel, or other insurance as may be appropriate; and

(e) Insurance against loss of or damage to (i) equipment and materials purchased in whole
or in part with funds provided under this Contract, (ii) the Consultant's property used in
the performance of the Services, and (iii) any documents prepared by the Consultant in
the perfonnance of the Services.

GCC 37.1(c) The other actions that shall require Client's approval are: "taking any action under a civil works
contract designating the Consultant as "Client's Representative", for which action, pursuant to
such civil works contract, the written approval of the Client as "Employer" is required"

GCC 39.3 The other restrictions about future use of documents and software are: "The Consultant shall
not use these documents and software for purposes unrelated to this Contract without the prior
written approval of the Client" ,2.

Proiecl lmltlcme ntation Consultonq' Sen,ice /br Sulport b Intprovamenl oI Hatirjhecl (Rampura Bridge)-Shekherjaiga (with 47
!
pK
Link to Taraho and Chittagong Roofl) Highwoy into 4-Lane,s through PPP
B
//:
GCC 41.1(g) Assistance for carrying out the Services to be provided by the Client are:

As per Terms of References (ToR)

The Contract ceiling amount is: [insert amount]

The Bank Account is: [insert account with details]

Shall be fixed for the duration ofthe contract

The Contract Price is:

Advance Payment: Not Applicable

Advance Payment will be adjusted by the Client in the following manner: Not Applicable

The Consultant shall submit to the Client itemized statements at time intervals of Monthlv.

The Consultant shall be entitled to receive financing charges for delayed payment during
the
period of delay at the following rate;

Not Applicable.

GCC 74.2 Any dispute or difference in respect of which a notice of intention to commence arbitration
has
been given in accordance with this Clause shall be finally settled by arbitration. Arbitration
may be commenced prior to or after delivery of the Services undeithe Contract. Arbitration
proceedings shall be conducted in accordance with the Arbitration Act (Act
No I of 2001) of
Bangladesh as at present in force at Dhaka, Bangladesh.

Projecl Implementalion Consullancy Servicelor Support lo Improvemenl ol


Link to Tarabo and Chittagong Road) Highway into'4-Lane.s through ppi

6,9
Section 5. Proposal & Contract Forms

[Comments in brackets provide guidance to the shortlisted Consultants for the preparation of their
Technical Propo.sals; they should not appear on the Technical Proposals to be submitted.J

[Forms 5A I to 5A8 are to be used for the preparation of the Technical Proposal according to the
instructions as stated under ITC Sub Clause 23.1. Such Forms are to be used whichever is the selection
method as stated under ITC Sub Clause I .l of the Proposal Data SheetJ

5A'l Technical Proposal Submission Form

5A2 Consultant's Organization and Experience


a. Consultant's Organization
b, Consultant's Experience
5A3 Comments or Suggestions on the Tems of Reference and, on Services, Facilities and Property
to be provided by the Client

a. On the Terms of Reference


b. On the Counterpart Staff and, Client's Services, Facilities and Property

5A4 Descriptions of the Approach, Methodology, and Work Plan for Performing the Assignment

5A5 Work Schedule

5A6 Team Composition and Task Assignments

5A7 Stafflrng Schedule

5A8 Curriculum Vitae (CV) for Proposed Professional Staff

Project lmple mentalion Consuhanq) Se rvice.for Supporl lo Improvement ofHatirjheel (Rampura


Link to Tarabo and Chittagong Rogd) Highwoy into 4-Lanes through PPP

fuK{-
Form 5AlTechnical Proposal Submission Form

lLocation, Datel
To:
Project Director (SE), RHD,
Support to Improvement of the Hatirjheel-Rampura Bridge-
Bonoshree-Sheikherjaiga-Amulia-Demra Highway (with link
to Tarabo and Chittagong road) into 4-lanes through PPP.
Roads and Highways Department
Sarak Bhaban, Tejgaon, Dhaka

Dear Sir:
We, the undersigned, offer to provide the consulting services for linsert title of assignmintl in accordance with
your Request for Proposal dated finsert date) and our Proposal. We are hereby submitting our Proposal, which
includes the Technical Proposal, and the Financial Proposal sealed under two separate envelopesr.

We are submitting our Proposal in association with: linserl a list withfull name and address ofeach associated
Consultant, also specify, whelher they are in joint venture or as Sub-Consultants)2

We hereby declare that all the information and statements made in this Proposal are true and accept that any
misinterpretation contained in it may lead to disqualification.

If negotiations are held during the period of validity of the Proposal, i.e. before the date indicated in ITC Sub
Clause 30.2 of the Proposal Data Sheet, we undertake to negotiate on the basis of the proposed staff. Our Proposal
is binding upon us and subject to the modifications resulting from Contract negotiations.

We undertake, if our Proposal is accepted, to commence the consulting services related to the assignment not
later than the date indicated in ITC Sub Clause 56.1of the Proposal Data Sheet.

We also confirm that the Government of Bangladesh has not declared us, or any Sub -Consultants for any part of
the Contract, ineligible on charges of engaging in comrpt, fraudulent, collusive or coercive practices. We
furthermore, pledge not to indulge in such practices in competing for or in executing the Contract, and we are
aware of the relevant provisions of the Proposal Document as stated under ITC Clause 4.

We understand you are not bound to accept any Proposal you receive.

We remain,

ours sincerel
Authorised Signature

[infull and initials)


Name and designation
of Signatory
Name of Firm

Address

fln case the Consultanl is required to submit a Technical proposal only, replace lhis sentence with" I(e are here
by submitting our Proposal, which includes this Technical Proposal" onlyl
I Delete in case no association is foreseenf.
Please attach Power of attorney to the signatory including all other supporting documents (i.e.

Proibit tniplementalion L:bnsultancy Service./or Supporl lo lntproventcnt ol Hatirjhcel (lpwtptrra Bridge)-Shekherjaiga-Antutia-


Link to Tarabo and Chittagong Road) Highway into 4-Lane.r rhrough PPP ./

K(
Projecl lrytlementalion Consultancy Servicefor Supporl to lmprovemenl ofHatirjheel (Rampura Bridge)
Link ro Toraho ond Chittagong Road) Ilighway into 4-Lanes thf!2uSh PPP

((Yr
B - Consultant,s Experience

Major Works Undertaken that best Illustrates Qualifications

[uting theformal belotv, provide informalion on each assignment.fbr which your./irm attd each associale.fbr this
assignment, was legally
contracted eilher individually as a corporale entitl' 61' as one of the major companies within an associatiottfor
carrying out consultirg
services similar to the ones requested untler this assignment.J

Assignment Name: Approx. value of the contract in current US$ or


Euro):

Country: Duration of assignment (months):


Location
within country:

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

Approx. value ofthe services provided by your firm


Address: under the contract (in current US$ or Euro):

Start date: (Month/Year): No of Staff-Months of Professional Staff provided by


Completion date (Month/Year) : associated Consultant:

Name of associated Consultants, if any:

Name of Senior Staff (Project Director/Coordinator, Team Leader) lnvolved and Functions perfonned:

Detailed Narrative Description of Project:

Detailed Description of Actual Services provided by your Staff:

than I S(fifteen) project data sheets (i.e. 5(five)


S.[or design of bridgesflyovers with minimum
hin the last 08 years. These I 5(i/ieen) project
e ol'Sub-Consultant shall not be counted.

Project Implemenration Consultancy service.[or support ro Improvenrent ofHatiriheet


Link to Tarabo and Chittagong Road) Highway into 4-Lane.s rhrough ppp'
-7
Form 5A3Comments &Suggestions on the Terms of Reference and, on Services & Facilities to
be Provided by the Client

On the Terms of Reference

fPresent and justify here any modi.fications or improvement to the Terms of Reference you are proposing to
improve perJbrmance in carrying out the assignment (such as deleting some activity you consider unnecessary,
or adding another, or proposing a dffirent phasing of the activities or proposing an alternative method of
underlaking the work). Such suggestions should be concise and to the poinl, and incorporated in your Proposal.)

On Services, Facilities and Property

lComment here on services, facilities and property to be provided by the Client as stated under ITC Sub Clause
28.1. Sheet including: administrative support, ffice space,local transportation, equipment, data, etc,)

Note lo the Shortlisted Consultant: The comments and suggestions proposed hy the Shortlisted Consultants should not be
ntore than 3 pages.

Project Implemenlalion Consultancy Servicelor Support lo Improventent ofHalirjheel (Rampura


Link to Taraho and Chittagong Road) Hjghway into 4-Lanes through PPP

tr,[{
of Approach, Methodology &work Plan for performing the Assignment

fTechnical approach, methodologt and work plan are key components of the technical proposal. It is
suggested that you present your technical proposal divided into thefollowing three chap'teri:

- Technical Approach and Methodologt,


- llork Plan, and
- Organization and Staffing.

a) Technical Approach and Methodology. Here you should explain your understanding of the objectives
of the assignment, approach to the services, methodblogy for carrying out the activities-and obtaining the
expected output, and the degree of detail of such output. You should highlight the problems b-eing
addressed and their importance, and explain the technical approach you would adopt to address them.
You should also explain the methodologies you propose to adopt and highlight the compatibility of those
methodologies with the proposed approach, (e.g., the methods of interpreting ttre available data; carrying
out investigations, analyses, and studies; comparing alternative solutions). This Chapter shtull
incorporate any modifications to the ToR proposed by you. ln case the ToR requires the Consultant to
provide a quality plan and carry out the assignment according to its provisions, an outline of the quality
plan (e.g., its list of contents) should be included in this Chapter of the Technical proposal.

b) Work Plan. Here you should propose the main activities of the assignment, their content and duration,
phasing and interrelations, milestones (including interim approvals by the Client), and delivery dates
oi
the reports. The proposed work plan should be consistent with the technical approach and methodology,
showing understanding of the ToR and ability to translate them into a feasible working plan, A list of t-he
final documents, including reports, drawings, and tables to be delivered as final output,ihould be included
here. The work Plan should be consistent with the work Schedule of Form 5A5.

c) Organization and Staffing. In this chapter you should propose the structure and composition of your
team. You should list the main disciplines of the assignment, the key expert responsible, and proplsed
technical and support staff. The roles and responsibilities of professionai staff should be set out in job
descriptions. In case of association, this Chapter will indicate how the duties and responsibilities wili be
shared' The organization and staffing will be reflected in the Team Composition and- Task Assignments
of Form 5A6, and the Staffing schedule of Form 5A7. An organization Chart illustrating the structure of
the team and its interfaces with the Client and other institutions involved in the project also should be
provided.

Note to the Shortlisted Consultants: The conlent of Form 5A4 should not be more than 50 pages.

Project Implementation Consultancy Servicefor Supporl to Improventent ofHatirjheel (Rampura Bidge)-Shekherjaiga-Amulia-Demra


Link to Tarabo and Chittagong Road) Highway into 4-Lanes through ppp
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Form SASCurriculum Vitae (CV) for Each Proposed Professional Staff
1. Proposed PoSition lonlv one candidate shall be nominatedJbr each positionl'.

2. Name of Firm flnsert name offirm proposing the stffi:

3. Name of Staff llnsertfull namell

4. Date of Birth: Nationality:

5. Education llndicate college/university and olher specialized education of staff member, giving natnes of
institutiotts, degrees obtained, and dates of obtainmentl'.

6, Membership of Professional Associations:

7. Other Training llndicate signilicant rraining since degrees under 5 - Educotion were obrainedf:

8. Countries of Work Experience I lList countries where staff has worked in the last ten yearsf:

9. LangUageS lFor each language indicate proliciency; good,.fair, or poor in speaking, reading, and writing):

10. EmplOyment Recor d [starting with present position, list in reverse order every employment heltl by staf{ member since
graduation, giving/br each emplo.yment (seeJbrmal here below): dates of employmenl, name of employing organizalion,
positions held.l:

From [Month, Yearlz To [Month, Yearlt _


Employer:

Positions held:

11. Detailed Tasks Assigned | 12. Wort Undertaken that Best Illustrates Capability to Handle
the Tasks Assigned

llist all tasks to be performed under lhis


assignmentl

Project lmplementation Consultancy Semice for Supporl to Improvement of Hatirjheel (Rampura Bridge)-Shekherjaiga-Amulia-Dernra
(With Link ro Tarabo and Chittagong Road) Highway into 4-Lanes through PPP
lAmong the assignmenls in which lhe stafi has been involved, indicate the
following information for those assignmdnts that best illustrate sta/f capability
to handle the tasks listed under point I l.)

Name of assignment or project:


Year:
Location:
Client:
Main project features:
Positions held:
Activities performed:

[give an outline oJ'experience and training mosl pertinenl lo tasks on


this assignment, wilh degree of responsibility held. The order of
presentation should be as follows: Nume of the assignmeil Arm
contract/ individual contract); Name of the Employer; Name of
the firm (il the assignmenl is through a firm), Location of lhe
assignment; From date to End date (full lime/ intermittent),
lActual staff month usedJ, Position Held (as described in the
contract), Aclivities Performed (in briefll

12. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes
myself, my qualifications, and my experience. I understand that any wilful misstatement described
herein may lead to my disqualification or dismissal, if engaged.

Signature of thc Staff Member:

Date of Signing: Day/MonthlYear

Signature of the Authorized Signatory:

Date of Signing: Day/MonthlYear

Note to the Consultant and the staff: (1) The CV should not be more than 8 pages and less than l0font size.
(2) A commitment letterfrom the stalf to thefirm (according to ITC Sub Clause 23.16), dthe staff is not a
payroll employee of thefirm. (3) Email address and cell phone number of the staff, if the staff is not a payroll
employee of the firm. (4) Certi/icalion by the staff should be unaltered as given in this Form, otherwise the
CV will not be evaluated. (5) I/'lhe CV is nol signed by the staf.f member himself/herself and the authorized
signatoryoftheshorllisledfirm,theCVwillnotbeevalualed.6. TheClientmaycheckthecredentialofany

Project lmplementation Consuhanc.v Sen'ice fbr Snpport to lmprot'enrent ol llotirjheel ('Ramprro Bridgel-Slrckherjaiga-Amulia-Dernra
(With Link b Turufut und Chittugttttg RqtJ) I lighu u.v int(, 4-Lunes thntugh PPP

u(%--
CV or a part of it to verify its authenticity. 7. If the CV of a key pro./bssional is submitted in more than one
proposal, all proposals will receive zero pointfor that CV.8. If any Cl/ obtains less than 70 points in the
evaluation of technical proposal of the top ranked firm (who is invited to negotiate the contract), the top
ranked firm will be required to submit a CV of a person of higher experience for that particular pos ition (in
order to obtain minimum 70 points) during negotiation stage for review and approval of the Proposal
Evaluation Committee and inclusion in the contract.

Proiecl Implementalion Consullancy Sen,ice lor Supporl to Improvement of Hatirjheet (Rampura Bridge)-Shekherjaiga-Amulia-Demra Road
(Wilh Link to Tarabo and Chittagong Road) Highway into 4-Lanes through ppp

V- r
58. Financial Proposal - Standard Forms

fCommenls in bracketsJ 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.J

[Forms 5B I to 584 are to be used.for the preparation of the Financial Proposal according to the instructions
as stated under ITC Sub Clause 25.1. Suc'h Forms are to be used v,hichever is the selection method as stated
under ITC Sub Clause l.l o/'the Propo,sal Data Sheetl

lThe Appendix "Financial Negotiations- Breakdown of Remuneralion Rates" is to be only usedforfinancial


negotiations when Quality-Based Selection, Selections Based on Qualifications, or Single -Source Selection
method is adopted, according to lhe indications provided under para... .... of Section-----J

Form 5Bl Financial Proposal Submission Form

Form 5B2 Summary of Costs

Form 5B3 Breakdown of Costs by Activity

Form 5B4 Breakdown of Remuneration

Form 585 Breakdown of Reimbursable Expenses

Appendix Financial Negotiations- Breakdown of Remuneration Rates

Project lmplementation Consullancv Sen,ice for Supl)orl to lmprovement ol Hatirjheel (Rampura


(With Link ro Turabo and Chittagong Road) Highway inb 4-Lanes thrutugh PPP

u..,,
v
Form 58lFinancial Proposal Submission Form

lLocation, Datef

To:
Project Director (SE), RHD,
Support to Improvement of the Hatirjheel-Rampura Bridge-
Bonoshree-Sheikherjaiga-Amulia-Demra Highway (with link to
Tarabo and Chittagong road) into 4-lanes through PPP.
Sarak Bhaban, Tejgaon, Dhaka

Dear Sir:

We, the undersigned, offer to provide the consulting services for llnsert title of assignmentl in
accordance with your Request for Proposal dated linserl date] and our Technical Proposal. Our attached
Financial Proposal is for the sum of finserl amounl in words and figurest]. This amount is exclusive of local
taxes, which we have estimated at linsert amounl in words and /iguresf and, which shall be discussed during
negotiations and shall be added to the above amount for determining the Contract Price.

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

Commissions and Gratuities paid or to be paid by us to the agents relating to this Proposal and
Contract execution, if we are awarded the Contract, are listed below2:

Name and Address of Agents Amount Purpose of Commission or Gratuity

In accordance with GCC Sub Clause 36, we acknowledge and accept the Client's right to inspect and
audit all records relating to our proposal irrespective of whether we enter into a Contract with the Client as a
result of this Proposal.

We also declare that the Government of Bangladesh has not declared us or any Sub-Consultants for
any pafi of the Contract, ineligible on charges of engaging in corrupt, fraudulent, collusive, or coercive
practices. We furthermore, pledge not to indulge in such practices in competing for or in executing the
Contract, and are aware of the rel6vant provisions of the Proposal Document as stated under ITC Clause 4.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized signature [n full and initials]


Name and title of Signatory

Project lmplementation Consuhancl- Sen'ice for Support to lmprovemeil of Hailrjheel (Rampura Bridge)-Shekherjoiga-Atnulia-Demra
(With Link to Tarabo and Chittagong Road) Highwuy into 4-Lunes through PPP
Name of the Firm:--------
Address:----

I Amounts must coincide with the ones indicated under total cost of Financial Proposal
2 If applicable, replace this paragraph with: No Commissions or Gratuities have been paid or are to
be paid by us to agents relating to this Proposal and Contract execution, if we are awarded the
Contract.

Project lntplententation Consultant.v Sen'ice for Sul?orl h lmprot'ement of ltatiriheel (Runpura


l/ighuttt ittt(,4-Lunc'\' through PPP
K \r-
(With Link lrt Turaho und Chiltugttttg Rou,l,1
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-No$h\O :Z
This CONTRACT (hereinafter called the "Contract") is made the [insert day] day of the month of [insert
monthl, [insert yearJ, between, on the one hand, [insert name of client] (hereinafter called the "Client")
and, on the other hand, [insert name of Consultant/ (hereinafter called the "Consultant").

ll/ the Constrltant consists of'more than one entity, the above should be partially amended to read asfollows:
"... (hereina.lier t:alled the "Clienl") and, on lhe olher hand, a joint venture consisting of thefollowing
entities, each o/'which will be jointly and severally liable to ttte Client.for all the Consultant's obligations
under this Conlract, namely, [insert name of ConsultantJ and [insert name(s) oJ' other Consultant(s)J
(hereinafter called the " Consultant ").J

WHEREAS

(a) the Client has requested the Consultant to provide certain consulting services as defined in this
Contract (hereinaftcr called thc "Services");

(b) the Consultant, having represented to the Client that they have the required professional skills, and
personnel and technical resources, have agreed to provide the Services on the terms and conditions
set forth in this Contract; and

(c) the Client has received a credit/ loan/ grant from [insert trame of Development Partner] towards the
cost of the services under this Contract, it being understood (i) that payments by the Development
Partner will bc rnade only at the request of the Client and upon approval by the Development Partner,
(ii) that such paymerrts will be subject, in all respects, to the terms and conditions of the agreement
between the development partner and the Client.
[delete rhis Clause if not applicable].

NOW THEREFORE the parties hereto hereby agree as follows:

I . The following documents forming the integral part of this Contract shall be interpreted in the order
of priority shown:

(a) The Form of Contr-act;


(b) The Particular Conditions of Contract (PCC);
(c) The General Conditions of Contract (GCC),
(d) The Appendices (l to 7).
I I/ any of'these Appendices are not used, lhe words "Nctt Used" should be inserted next to the title of
the AppendkJ

Appendix 1: Description of the Services


Appendix2: ReportingRequirements
Appendix 3: Key Personnel and Sub Consultants and Hours of Workfor Key Personnel

Appendix 4: Cost Estimates

Project lmplementation Consullancy Sen'ice,for Support lo lmprot'ement of Hatirjheel (Rampura Bridge)-Shekherjaiga-Amulia

w
Road (lltith Link to Tarabo and Chittogong Road) Highwa.,- inlo (-Lanes through PPP

K,,
Appendix5: Duties of the Client- Services, Facilities and Property to be provided by rhe
Client
Appendix 6: Form of Bank Guarantee for Advance Payment lNot Applicablel

2. The mutual rights and obligations of the Client and the Consultant shall be as set forth in the
Contract, in particular:

(a) the Consultant shall carry out the Services in accordance with the provisions of the Contract;
and

(b) the Client shall make payments to the Consultant in accordance with the provisions of the
Contract.

IN WITNESS We, the Parties hereto have caused this Contract to be signed in their respective names as of
the day and year first above written.

For and on behalf of [name oJ' ClientJ

I Aut h oriz e d Rep res ent at iv eJ

For and on behalf of [name of ConsultantJ

[Au t horiz e d Rep res e nta t iveJ

lIf the Consultant constilutes of more than one enlity, alt these enlities should appear as signalories, in
thefollowing manner:)

For and on behalf of each of the Members of the Consultant

[name of memberJ

I Aut h or iz e d Rep res e n t a t iv eJ

[name of memberJ

[Authorize d Repr es e n t a tiv eJ

Project lmplementalion Consultancy Service./br Supporl lo lmprovement of Harirjheet (Rampura Bridge)-Shekherjaiga-Amulia-Dentra


Road (Ilith Link to Tarabo and Chittagong Road) Highway into 4-Lanes rhrough ppp
5D. Appendices
Appendix I Description of the Services
Include the final Terms of Reference worked out by the Client and the Consultant
during Technical Proposal negotiations, dates for completion of various tasks, place of
performance for different tasks, specific tasks to be approved by Client, etc.

Appendix 2 Reporting Requirements


List here format, frequency, and contents of reports; persons to receive them; dates of
submission; etc. If no reports are to be submitted, state here "Not applicable."

Appendix 3 Key Personnel and Sub Consultants- Hours of Works for Key
Personnel
List hereundcr.
3A Titles [and names, if already available], detailed job descriptions and minimum
qualifications of Key foreign PersonneI to be assigned to work in the
Covernment's country, and staff-months for each.
38 Same information as 34. for Key local Personnel.
3C Same as 3.A for Key Personnel to be assigned to work outside the
Government's country
3D List of approved Sub Consultants (if already available); same information with
respect to their Personnel as in 3A to 3C.

List here hours of work for Key Personnel; travel time to and from the country of the Government from
Foreign Personnel (Clause GCC 26.1); entitlement, if any, to overtime pay, sick leave pays, vacation
leave pay

Appendix 4 Cost Estimates (BDT)


A. Foreign Personnel

1. (q) Monthly ratesfor Foreign Personnel (Key Personnel and other Personnel)
(b) Monthly ratesJbr local Personnel (Key Personneland other Personnel).

Reimbursable expenses (items that are nol applicable should be deleted; others may be added):

(q) Per diem allowances for eqch of the Foreign or Local Personnel for every day in which
such Personnel shall be absent.from his home ffice.
(h) Air transporl./br Foreign Personnel:
(i) the c'ost oJ' internalional transporlation of the foreign Personnel by the most
appropt'iale mectn.s of transport and the mosl direct practicable route to and from
the Consultants'home ffice; in the case o[air trat,el, this shall be b1, less thanfirst
c lass,'

Project lmplcmcnlation Consultancv Sen'ice./br Support lo lntprovement of Hatirihecl (Rampura


Road (With Link to Tarubo and Chittagong Road) Ilightvov into 4-Lants through PPP

K
@";
(c) International communications: the cost of communications (other than those arising in the
Client's country) reasonably required by the Consultant for the purposes of the Services.
(d) The cost o.[printing, reproducing and.shipping of the documents, reports, drawings, etc.

(e) The cost of acquisilion, shipment and handling ol the .following equipment, instruments,
materials and supplies required.[or the Services, to he imported by the Consultants crnd to
be paidJbr by the Client (including transportation to the Client's country).

(/) The cost oftransport ofpersonal effects.

(s) The ratefor the programming and use of, and communication between, the computers.for the
purpose of the Services.

B. For Local Personnel

l. Monthly rates Jbr local Personnel (Key Personnel and other Personnel)
2. Reimbursable expenses (items that are not applicable should be deleted; others ma1, be added):

(a) The cost oflocal transportation.


(b) The cost of the following locally procured items; olJice accommodations, camp Jacilities,
camp services, subcontracled services, soil testing, equipment rentals, supplies, utilities and
communication charges arising in the Client's country, all d'and to the extent required Jbr
the purpose o./'the Services.

(c) The cost of equipment, materials and supplies to be procured locaLly in the Client's countty"

Appendix 5 Duties of the Client


Note: List under:

5-l Sentices,.facilities and propertv to be made available to the Consultant by the


Client.
5-2 Professional and support counterpart personnel to be made available to the
Consultant by the Client.

Projecl Implemenlalion Consultancy Senicefor Support lo l,nprovement o.l Hatirjheel (Rampura Bridge)-Shekher.iaiga-Amulia-Dentra
Road (lltith Link to Tarabo and Chiuogong Road) Highwa.u- into 4-Lanes through ppp

y- v
6,9
Section 6. Terms of Reference
Terms of Reference (ToR)
for
.,Project Implementation Consultancy Service for Support to Improvement
of the Hatirj heel-Rampura Bridge-Bonoshree-sheikherjaiga-Amulia-
Demra Highway (with link to Tarabo and Chittagong road) into 4-lanes
through PPP."

l. Background
Thc Covcrnmcnt of the Pcoplc's Rcpublic of Banglattesh (CoB) has undcrtaken a number of key
transportation corridors in and around Dhaka to improve thc connectivity of inbound and outbound
traffic of Dhaka city to other parts/districts of Bangladesh. One of the undertakings currently being
considered as public private partnership project is the Hatirjheel-Rampura-Banasree Ideal School and
College-Shekherjaiga-Amulia-Demra Highway (including the connecting point of Chittagong Road and
the Tarabo Link Road), henceforth the Rampura-Amulia-Demra (RAD) Road. It is considered that the
RAD Road will provide a safe and efficient connection for road users travelling between the south-
eastern part of Dhaka with national highways (Nl and N2) and the mid-northern areas of Gulshan,
Bananiand Baridhara in Dhaka. Thc stated objectives of RAD PPP Project are to: (i) create an alternate
and congestion frec gatcway to Dhaka; (ii) provide better connectivity between Dhaka and Narayanganj,
Chittagong, Sylhet and other eastern and south eastern districts of Bangladesh; and (iii) improve the
quality of life of this corridor's road users. RAD is considered for development of 13.5 km 4-lane
access-controlled toll expressway and a toll-free service road on each direction for local traffic. The
road will be built on mostly the existing road right of way (ROW). However, it requires to acquire
about25.4T hectares of additional land lor the road development including service and toll plaza' The
road is coptemplated to be delivered under Design-Build-Finance-Operate arrd Maintain (DBFOM)
modality.

2. Objectives of this Assignment


The primary objective of this assignment is to assist the Project Management Unit (the "PMU") created
under the Roads and Highways Department (the "RHD") in implementation supervision of the project
called "Improvement Setu-Banoshree-Shekherjaiga-Amulia-Demra Highway
of Hatirjheel-Rampura
(with link to Chittagong Road'Mor and Tarabo Link Road) into 4-lanes through PPP Basis" (the
,.Rampura-Amulia-Demra Highway" OR the "RAD Highway") in strict compliance with the provision
of the ppp Contract. The secondary objectives are to achieve that: (i) the highway should be constructed
in accordance rhe with the standards and quality as specified in the PPP Contract; (ii) the highway
should be operational before the planned COD of 48 months from the Appointed Date; and (iii) the
disputes between the Contracting Authority and the Project Company should be reduced to zero level'

3. Scope of Services
The Consultant carries out rhe following tasks during construction supervision of RAD Highway as its
primary responsibility:

Task I - Review of Design and Drawing: The Consultant reviews the design (including design data)
and drawing of road, bridges, culverts, pavement, interchanges, superstructures, substructures,
buildings, toll plaza and any other civil structures related to RAD Highway and Service Roa
arel have been submitted to the PMU by the Project Company, an prepares the design review
project lmplementalion Consultancy Servicefor Support to Improventent ofHatirjheel (Rampura Bridge)-Shekheriaiga-Amulia',
Denra Ro'ad (ll/ith Link to Tarabo and Chittagong Road) Highway into 4-Lanes through PPP I

(
compliance with the PPP contract (pafticularly the contracting
Authority's Requirements, the relevant
standards and design parameters) and shares the
same with the pMU with u uie* ofaccepting or
rejecting the design data submitted by the Project
Company. This also includes any revision to,
modification of, or amendment to' the design and drawing
subsequently submitted by the project
company as a result of incorporation of comments of
thJcontracting Authority, the Independent
Engineer or arising new circumstances.

Task 2 - Review of Project Control Plans: The consultant


reviews the project control plans to ensure
that the Project control Plans including its material (or
substantial) revision or amendments prepared
by the Project Company comply with the contracting
Authority's Requirements and the terms of the
PPP contract and substantially conform to the
Proje.t cornprny's proposal, and prepares and shares
the review report for each Project control Plan withihe pirrtu
with a view to issuance ofJhe contracting
Authority's approval and/or Review certificate or non-compliances
of the contracting Authority,s
Requirements and/or the PPP contract. The consultant
also monitors the implementation of project
control Plans by the Project Company (or its Sub-contractors
or agents), and reports to the pMU any
non-compliance on any part of the Project control
Plan. The project control plans include the
following: (l)
Emergency Response ptan; (z) Traffic Management plan;
(3) Temporary Signing plan;
(4) Temporary Pavement Marking Plan; (5) Permanent
Pavement Marking plan; (6) permanenr Signing
Plan; (7) Project Safety Plan; (8) Haul Route Plan; (9)
communications and Stakeholder consultation
Plan; (10) construction Management Plan; (l l)
Quality control plan; (12) procurement Monitoring
and Implementation Plan; (13) Environmental Management plan;
(14) Highway Maintenance plan; (15)
Highway operations pran; and (16) Tolr coilection
& Management pran.
Task 3 - Review of Reports and other Documentation:
The consultant carries out review of any
and all other documents, reports, documentation,
minutes of meeting, papers, representation, case study,
technical study, etc. as stipulated in the PPP contract
and also related to the project and promptly
advises the PMU to take necessary actions or mitigation
measures.

Task 4 - Supervision of construction works: The consultant is responsible for comprehensive


supervision of all construction works, buildings, facilities,
and installation of plant and equipment under
the PPP contract to ensure that the executed works
and the installed plant and equipment are complied
with: (i) the contracting Authority's Requirements, (ii) the
terms of the ppp contract, (iii) the approved
design (both engineering and aesthetical) and technical
specifications, (iv) Bangladesh Standards, (v)
Design Data, (vi) Applicable Permits, (vii) Good Industry practices,
(viii) ltandard engineering
practices, and (ix) international safeguard policy.
This also includes the review of: (a) project schedule,
(b) task schedule, (c) agreed budget, (d) progress
of works, procurement and installation of plant and
equipment, (e) quality of works, plant and equipment, (f)
implementation issues or bottlenecks, (g) any
change requirements either from the contracting
Authority or the project company, and (h) any other
changes arising out from the PPP contract implementation
and advising the pMti on work progress,
engineering decision, quality issues, implementation
issues, and general and specific guidance about
PPP contract management and monitoring. The
consultant continuously monitors the works and
advises the PMU about unsafe or defective works.

Task 5 - Quality Assurance and


Quality Control (QA/QC) system: The consultant reviews the
QA/QC system of the Project company and its sub-coniracL.s and provides
recommendation that rhe
QA/QC system proposed by the Project company is compliant with the
contracting Authority,s
,3:^t_T ,hlproject cl-pu,,y,. proposal.
*?::"Tr"i: !::ll*,
-.g on the basis of the eA/ec
system of the Project Compa y, the Consultant
,up"-ir., and monitors the works, the p

Project Implementation Co
Demra Road (With Link to

K/.(f
equipment, machines and vehicles brought for the works, and the quality of laboratory plant and
equrpment.

Task 6 - Laboratory Tests: The Consultant reviews the laboratory test reports as well as test results
of soil. materials, and various works (whether road, bridges, culverts, superstructures, substructures or
any structures) to ensure that the works are carried out in accordance with the requirements of the PPP
Contract and the approved design and drawing and advises the PMU accordingly. If required, the
Consultant nlay carry out independent test of such works from the laboratory established by the Project
Company or from a reputed laboratory as advised by the PMU.

Task 7 - Field Visit: The Consultant visits the Project Site, the stockyard, equipment and materials
site of thc Project Company and its Sub-Contractors as many times as required but at least once a week
to ensure that the works are carried out in accordance with the Contracting Authority's Requirements,
the PPP Contract, the Bangladesh Standards and other standards as specified in the PPP Contract, the
approved design and the approved QA/QC System.

Task 8 -Environmental and Social Issue: The Consultant reviews the environmental and social
management plan of the Project Company and continuously monitors implementation of the same to
ensure that the project activities are carried out in accordance with and within the boundary limits as
specified in the environmental rnanagcrnent plan and the stakeholder management plan. The Consultant
revicws the quarlerly, half yearly and yearly reports on the implementation of EMP of the project as
prepared by the Project Company and advises the PMU accordingly.

Task 9 - Health and Safety Issue: The Consultant reviews the health and safety management plan of
the Project Company and continuously monitors the same to ensure that the Project Company
undeftakes and maintains necessary arrangement in the work place and worker sheds to protect the
health and safety issues of the workers, avoid any accident, prevent any social disturbance, mitigate
influx of workers, avoid incident against social, cultural and ritual events in and around the project
areas.

Task 10 - As Built Drawing: The Consultant reviews and ensures that the Project Company prepares
"as-built" drawing for each and every part of the roads, bridges, culverts, superstructures, substructures,
buildings or any structures based on the previous approved design, and submits a copy of such "as-
built" drawing to the Contracting Authority through the lndependent Engineer. The Consultant verifies
the comectness of such "as-built-" drawing and advises the PMU for proper recording and safe keeping
of such document with appropriate identification number.

Task ll - Assistance in Dispute Resolution: The Consultant proactively works to identify the areas
of dispute, assesses thc risks of such dispute, analyzes thc possible mitigation measures, and advises the
PMU thc bcst mitlgation rncasure for undertaking befbrc landing to a difficult situation. The Consultant
providcs lcgal, commcrciaI and technical support to the PMU when a dispute requires: (i) direct
consultation between the Contracting Authority and the Project Company, (ii) to be placed to the
External lndependent Expert for achieving solution, and/or (ii) to be placed to the Arbitration for final
conclusion. The Consultant also supports the PMU in any legal (except appointment and payment to
court litigation lawyer) and contractual issues during implementation of the PPP Contract.

Task 12 - Documentation Management System: The Consultant reviews the documentation


management and record keeping systcm of RHD and develops or improves and appli

Project Implemenlalion Con.rultancy Sert'ice for Support lo Improvemenl of Hatirjheel (Rampura Bridge)
Denra Road (With Link to Tarabo and Chittagong Road) Highwgyitto 4-Lanes through PPP

K &{
documentation management and record keeping system for the project in consultation with the pMU
and the relevant authority of RHD.

Task l3 - Progress Review and Certification: The Consultant continuously monitors the progress of
works and any installation of plant and equipment as per the PPP Contract, and verifies it with the report
prepared by the Project Company as well as the certification given by the Independent
Engineer and
reports to the PMU. The Consultant helps the PMU to prepare various reports required
by the
Contracting Authority and various govemment deparlments and ministries on this project.

Task 14 - Financial Close: The Consultant assists the PMU in Financial Close of the project through
review of various documents, financing agreements, financial model, common terms agreement, and
managing permits, consents, and approvals from various government instruments

Task 15 - Attending Meetings: The Consultant attends any or all meetings of the project arranged
by
the Project Company, its Sub-Contractors, the Lenders, the Independent Engineer or any other party
(subject to approvalof the PMU Head).

Task 16 - Punch List: The Consultant reviews the punch list prepared by the lndependent Engineer
and advises the PMU accordingly.

Task l7 Operating Manual: The Consultant reviews the Operating Manual supplied by the project
-
Company or its Sub-Contractors related to the Project and/ or plant and equipment and provides
opinion
of acceptance of such Operating Manual.

Task 18 - Documentation, Deliverables and Reporting: The Consultant prepares and submits the
following reports and documents to the pMU:
(1) Inception Report;
(2) Brief Monthly Progress Reporl within 5 days of the previous month ending;
(3) Detailed Quarterly Progress Report within 5 days of the previous quarter ending;
(4) Detailed Annual Progress Report within 5 days of the previous fiscal year ending (June every
year);
(5) Project Completion Reporl and Assignment Completion Report;
(6) Technical Appraisal Report (as and when required);
(7) Technical and Financial Progress Report in Government Format every month and quarter;
(8) Any other report relevant-to this assignment.

4. Duration of Assignment
The duration of the assignment is expected to be for 48 months from the effective date. The effective
date to commence the Services will be mentioned in a notification issued by the Client to the
Consultant
after signing the Contract.

5. Implementation Arrangement and Staffing


The assignment shall be implemented by a consulting firm or a joint venture of consulting firms
with
one or more sub-consultants. It is anticipated that about 40 staff-months of input by international
key
experts and 138 person-months by national key experts. The Consultant will have the following
key
expefts to carry out the assignment.

Project Implementation Consultancy Service for Supltort

19
Table l: Staffi ents
No. of
SN Position Total Staff Months
Staff
(A) International Kev Expert:
I 24
Team Leader/ Senior Highway Engineer I

2 06
Senior Bridge Engineer I

J 06
Traffic Engineer & Transporlation Experl I

4 04
Legal Advisor I

Sub-total: lnternational Key Experts 4 40

(B) National Key Expert:


I 48
Bridge Engineer (Deputy Team Leader) l

2 24
Traffic & Transportation ExPerl I

J T2
Foundation and Geotechnical Expen I

4. 24
Highway Engineer I

5. 06
Environmental Engineer I

6 24
Legal Advisor I

Sub-total: National Key Experts 6 r38

(c) National Support Staffs:


I
Office Engineer 3 144

2 I 48
Adm inistrator

J l0 480
Other local support staffs

Sub-total: National Support Staft-s - l3 672

Grand Total: 850

Table 2: uired and Ex of


SN Position Qualification and Experience Project Specific Experience

lnternational Key ExPerts:


I Team Leader/ (i) At least master degree in anY (a) Minimum experience of 5(five) yearsiln
Senior Highway branch of Civil Engineering; highway design and construc tion
Engineer supervision Highway Engineer
as or Tra rffic
(ii) Minimum 20 years of and Transportation Engineer;
professional experience.
(b) Minimum experience of 5(five) years ias
team leader in highwaY construc tion
su perv ision;

(c) Completed at least 2(two) PPP roadtias


member of construction supervision te am;
and

(d) Completed at least l(one) PPP road


construction suoerv ision team leader.,

Project lmplementalion Consullancy Semicelor Supporl to lmprovement o/ Hatiriheel (Rampura Bridge. 77 a


Demra Roacl (lltith Link to Tarabo and Chittogong Rood) Highway inlo 4-Lanes through PPP
't
t
K ( {- L-; {
Qualification and Experience Project Specifi c Experience
Senior Bridge (i) At least Master's degree in (a) Minimum experience of tO@np years in
Engineer Civil Engineering; structure and bridge design and construction
(ii) Minimum l5 years of supervision;
profess ional experience. (b) Completed design of at least 2(rwo) bridges
of 500 meters or more;
(c) Completed design of ar least 2(two)
flyovers and/or interchanges of300 meters
or more.
Traffic Engineer (i) At least Master's degree in (a) Minimum experience of tOlten; years in
& Transportation Civil Engineering; transportation planning, traffic management
Expert .'
(ii) Minimum l5 years of planning, traffic modeling and foreJasting;
professional experience. and

(b) Must have involved in the design and/or


construction supervision of at least 2(two)
4-lanes highway projects of 30 km or more
as traffi c/transportation expeft .

Legal Advisor (i) At least Master's degree in (a) Minimum experience of tO(ten) l,e.ars in
law; PPP projects;
(ii) Minimum t5 years of (b) Completed at least 02(two) ppp road
professional experience. projects from preparation of Concession
Contract up to contract negotiation and
sign ing;

(c) Worked on lenders, side in at least l(one)


PPP road project; and

(d) Completed at least l(one) ppp road


transaction assignment in South_Asian
reg ion.
National Key Experts:

Qualification and Experience


Bridge Engineer (i) At least bachelor degree in (a) Minimum experience of tOlGn; y"arc i,
Civil Engineering; structure and bridge design and/or
(ii) Minimum l0 years of construction supervision ; and
professional experience. (b) Completed design of at least 2(rwo) bridges/
flyovers/ interchanges of 300 meters or
more.
Traffic & (i)Bachelor Degre-n Civil (a) Minimum experience of S1.,gt,g ye.o.s in
Transportation Engineering, Post Graduate
Expert degree preferred;
(ii) Minimum t0 years of
professional experience.
(iii) Minimum 08 years of
Experience in pavement design

Foundation and (i) At least bactrelor aegree in (a) Minimum experience of Slnue; y*., in
Geotechnical Civil Engineering; analysis and design of different types of
Expert
(ii) Minimum l0 years of foundations and substructures.
professional experience.

P roject I mple me ntation Co


Demra Road (Ll/ith Link to

q
SN Position Qualification and Experience Project Specifi c Experience
(b) Should have extensive experience of
geotechnical investigations and laboratory
test of soils.

4 Highway (i) At least bachelor degree in (a) Minimum experience of 5(five) years in
Engineer Civil Engineering; detailed engineering work for design and/or
construction supervision of highway
(ii) Minimum l0 years of proJect.
professional experience.
(b) Minimum experience of 3(three) years in
(iii) Minimum 3 years of
transportation p lann ing, traffi c management
experience in Highway Design.
planning, and/or traffic modeling and
' forecasting.

(c) Must have supervised at least 2 (two) 4-


lanes highways of 30 km or more.

5 Environmental (i) At least master's degree in (a) Minimum experience of 5(five) years in
Engineer environmental engineering, environmental impact assessment and
environmental science or environmental monitoring in roadl
economics; infrastructure projects.
(b) Completed at least I road construction
(ii) Minimum 8 years of supervision assignments as Environment
profess ional experience.
Expeft.
6" Legal Advisor (i) Atleast Master's degree in (a) Minimum experience of 5(five) years as
Law or any other related fields; Contract Specialist or Contract Engineer in
road projects for construction supervision;
(ii) Minimum l5 years of (b) Completed at least l(one) PPP toll road
professional experience.
project as Contract Specialist or Contract
Engineer.

6. Data, Local Services, Personnel and Facilities to be provided by the Client


(A) The Client will provide the Consultant the following:
(l) Access to data. records, and other inforrnation required to perform the assigned tasks;
(2) Counterpart stalf and engineers to work with the Consultant;
(3) Supporting the Consultant in getting work permit, visa and other support for each
person ne l;
(4) Assistance in customs clearance of any property required for the services including any
personal effects;
(5) lssue to officials, agents and representatives ofthe Government all such instructions as may
be necessary or appTopriate for the prompt and effective implementation of the services.

(B) The Client through the Project Company will provide the Consultant the following:
(a) Office space at site (including utilities, office equipment, and furnishings) for 6 persons;
(b) Housing accommodation at site for 6 persons; and
(c) Fully equipped and furnished testing laboratory.
Note l:
The office facilities shall include, at a minimum, workstations for the staff of the Consultant, a
conference room (minimum of l5 (fifteen) seat capacity) and other amenities such as storage, prayer
room. kitchen, and dining and server rooms. All amenities are to be fully equipped including high speed
internet, telephone, printer capable of printing 43 and A4 size, video conference device, and other
contemporary amenities required for the efficient operation of the office. Except workstations, other
suppofts are on shared basis between the Client, the Consultant and the Independent Engineer. The
office is fully serviced and staffed such that it is serviced, operated and maintained in accordance with
Good Industry Practice.

Project lmplemenlation Consullancy Semicefor Supporl lo lmprovement o/ Hatirjheel (Rampura Bridge,


Demro Road (llith Link to Tarabo ond Chittagong Road) Highway into 4-Lanes through PPP

K {
ln
Note 2: Alloffices, accommodation, huts, and laboratories complete with furnishings, fittings, services,
access roads and hard standings shall be ready for occupation prior to commencement of construction
and shall remain available for the full Contract Period. Temporary accommodation should be provided
within 30 (thifty) days of the Appointed Date if the above noted permanent requirements are not
available.

Definitions:

rrApplicable Permits" means all permits, licences, permissions, consents,


approvals, certificates and
authorizations (whether statutory or otherwise), which are required for the performance.of any of the
Project Company's obligations under this PPP Contract and any other Government Project Agreement
whether required in order to comply with Applicable Law or as a result of the rights of any third party
including those set out in part A (Permits to be procured by the Project Company) of schedule l6
(Permits);

"Bangladesh Standards" means all reference documents, specifications, standards and manuals of the
RHD applicable to the Works and/or the Services including those set out in part D (Bangladesh
Standards) of schedule 2 (Contracting Authority's Requirements);
I'Contracting Authority's Requirements" means the requirements of the Contracting Authority
in
respect of the Project set out in schedule 2 (Contracting Authority's Requirements);

"Design Data" means all design documentation (including design standards, design repofts, durability
reports, specifications, models, samples, prototypes, calculations, software, formulae, calculations,
drawings, digital records, business rules, system processes and all other relevant data) in electronic,
computer readable or written or physical forms or stored by any other means, relating to the design,
construction, testing or operation ofthe Project in each case that is used by or on behalfofthe Project
Company and/or its Sub-Contractors in connection with the provision of the Works and/or Services
and/or the performance of the Project Company's obligations under this PPP Contract;

"Environmental Management Plan" means the environmental management plan prepared or to be


prepared by the Project Company in accordance with clause 5.4(a) (Provision of plans), as may be
amended from time to time in accordance with clauses 5.4(c) (Provision of plans) and 5.4(e) (Provision
of plans);
"Financial Close" means that the Financing Agreements have become unconditional in all respects
(save for any condition in the Financing Agreements which requires any conditions to the effectiveness
of this PPP Contract having being satisfied or waived) for the purposes of the first drawdown under
those Financing Agreements;

"Financing Agreementsrr means the documents executed or to be executed by the Project Company
and/or a Project Company Related Party in respect of the financing (and refinancing) of the Project
including the Substitution Agreement and any and all loan agreements, guarantees, notes, debentures,
bonds and other debt instruments, security agreements and mortgages, subordination agreements and
hedging agreements, and delivered to the Contracting Authority in accordance with clause 4.2(cXviXA)
(Conditions Precedent) and any amendment, variation, novation, supplement, replacement or new
document subsequently entered into in accordance with clause 5.6 (Financing of the Project);

"Good Industry Practice" means that degree of skill, care, prudence, foresight and operating practice
which would reasonably and ordinarily be expected from time to time of a skilled and experienced
operator engaged in the same type of undertaking as that of the Project Company, Operation and
Maintenance Contractor, Construction Contractor or any Sub-Contractor under the same or simi
circumstances;

Proiecl lmplemenlotion Consullancy Service for Support to lmprovement oJ Hatirjheel (Rampura Bridge)-shekherjaigo-Amulia-
O;* r,th Link to Tarabo and Chiuagong Road) ts?)fl"*s rhrough PPP
^*O
"Independent Engineer" means the person or firm or consoftium of firms appointed to act as
lndeperrdent Engineer to the Project in accordance with
the Independent Engineer,s Appointment;

"Project Comp Company Accession Date, the company


incorporated by t se2.2(a)(i)(Accession to this ppp contract
by the Pro-iect c
tion number and address are as set out in
paragraph 2 (The
);
"Project control Plans" mea r to be prepared by the project company in
accordance with clause 5'a@) d approved by the contraciing Authority
accordance with clause s.a(e)(ii in
;

"Project Highway"^rrlealls the project highway present on the Site and the subject
cornprising on the commencement Date the
-Existing of the project
Lanes and their subsequent development,
upgradrng and augmentation in accordance with this ppF
contract to include:
(a) the Toll Road; and
(b) prior to the Service Road Handover Date, the Service
Roads;

"Punch List" means the list to be prepared by the lndependent Engineer in accordance
l,4.4(a) (Punch List ltems) conraining punch Liit Items;
with clause

"Quality Control Plan" means the quality control plan prepared or to be prepared
by the project
company in accordance with clause 5.4(a) (Provision of plansj, as
may be amended from time to time
in accordance with clauses 5.4(c) (provision of plan.) uri
s.+(.) (provision of plans);
"Service Roads" means the local service roads ru
constructed and prior to the Service Road Handover
Company in accordance with the Contractin
Authority on the Service Road Handover
Authority on and after the Service Road Ha
the existing 4 (four) lane divided carriage way from Ch. I l+500
to Ch. 12+450;
Road
"Toll ane restricted access
toll highway constructed on
alo
the Site in accordance with the Contraciing Authority,s
Requiremen any connections, interchanges, ramps and access
and egress points, and restricted access rnairrtenance u..r, o.
depots forming pui oithe Toll Road in
accordance with the contracting Authority's Requirements
and oiher terrns o-f this ppp contract;

fo r
I mp le me n ta I i on C onsu I ta n cy Se rv ice
Road (Lltith Link to Tarabo and Chiuagong Road) Highwoy into ppp
4-Lanes through

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