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NILE BASIN INITIATIVE

NILE EQUATORIAL LAKES SUBSIDIARY ACTION PROGRAM

SELECTION OF CONSULTANTS

REQUEST FOR PROPOSALS


RFP No.: NELSAP/NCORE/CS/014
CONSULTING SERVICES FOR FEASIBILITY STUDY, DETAILED
DESIGN AND TENDER DOCUMENT PREPARATION FOR SIO-SANGO
IRRIGATION DEVELOPMENT AND WATERSHED MANAGEMENT
PROJECT

Lot 3: NELSAP/NCORE/CS/014
Client: Nile Basin Initiative/Nile Equatorial Lakes Subsidiary Action Program
Country: Kenya
NILE COOPERATION FOR RESULTS (NCORE) PROJECT
GRANT NO.: CIWA TF 013767

Issued on: February 2015

Standard Request for Proposals

TABLE OF CLAUSES
PART I ................................................................................................................................................... 1
Section 1. Letter of Invitation ................................................................................................................ 1
Section 2. Instructions to Consultants and Data Sheet ........................................................................... 5
A. General Provisions............................................................................................................................ 5
1. Definitions ................................................................................................................................. 5
2. Introduction ............................................................................................................................... 6
3. Conflict of Interest..................................................................................................................... 6
4. Unfair Competitive Advantage.................................................................................................. 7
5. Corrupt and Fraudulent Practices .............................................................................................. 7
6. Eligibility ................................................................................................................................... 8
B. Preparation of Proposals ................................................................................................................... 9
C. Submission, Opening and Evaluation ............................................................................................. 12
D. Negotiations and Award ................................................................................................................. 17
E. Data Sheet ....................................................................................................................................... 19
Section 3. Technical Proposal Standard Forms ................................................................................ 25
Section 4. Financial Proposal - Standard Forms................................................................................... 35
Section 5. Eligible Countries ............................................................................................................... 45
Section 6. Bank Policy Corrupt and Fraudulent Practices................................................................ 47
Section 7. Terms of Reference ............................................................................................................. 49
PART II ................................................................................................................................................ 73
Section 8. Conditions of Contract and Contract Forms ........................................................................ 73
I.

Form of Contract ..................................................................................................................... 81

II.

General Conditions of Contract ............................................................................................... 83

A. GENERAL PROVISIONS .................................................................................................................... 83


2. Relationship between the Parties ............................................................................................. 84
3. Law Governing Contract ......................................................................................................... 84
4. Language ................................................................................................................................. 84
5. Headings .................................................................................................................................. 84
6. Communications...................................................................................................................... 84
7. Location ................................................................................................................................... 84
8. Authority of Member in Charge .............................................................................................. 84
9. Authorized Representatives ..................................................................................................... 84
10. Corrupt and Fraudulent Practices ............................................................................................ 84
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B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT ................... 85


11. Effectiveness of Contract ........................................................................................................ 85
12. Termination of Contract for Failure to Become Effective ...................................................... 85
13. Commencement of Services .................................................................................................... 85
14. Expiration of Contract ............................................................................................................. 85
15. Entire Agreement .................................................................................................................... 85
16. Modifications or Variations..................................................................................................... 85
17. Force Majeure.......................................................................................................................... 85
18. Suspension ............................................................................................................................... 87
19. Termination ............................................................................................................................. 87
C. OBLIGATIONS OF THE CONSULTANT ............................................................................................... 89
20. General .................................................................................................................................... 89
21. Conflict of Interests ................................................................................................................. 89
22. Confidentiality ......................................................................................................................... 90
23. Liability of the Consultant ....................................................................................................... 90
24. Insurance to be Taken out by the Consultant .......................................................................... 90
25. Accounting, Inspection and Auditing ...................................................................................... 91
26. Reporting Obligations ............................................................................................................. 91
27. Proprietary Rights of the Client in Reports and Records ........................................................ 91
28. Equipment, Vehicles and Materials ......................................................................................... 91
D. CONSULTANTS EXPERTS AND SUB-CONSULTANTS ....................................................................... 92
29. Description of Key Experts ..................................................................................................... 92
30. Replacement of Key Experts ................................................................................................... 92
31. Removal of Experts or Sub-consultants .................................................................................. 92
E. OBLIGATIONS OF THE CLIENT ......................................................................................................... 92
32. Assistance and Exemptions ..................................................................................................... 92
33. Access to Project Site .............................................................................................................. 93
34. Change in the Applicable Law Related to Taxes and Duties ................................................... 93
35. Services, Facilities and Property of the Client ........................................................................ 94
36. Counterpart Personnel ............................................................................................................. 94
37. Payment Obligation ................................................................................................................. 94
F. PAYMENTS TO THE CONSULTANT .................................................................................................... 94
38. Contract Price .......................................................................................................................... 94
39. Taxes and Duties ..................................................................................................................... 94
40. Currency of Payment ............................................................................................................... 94

41. Mode of Billing and Payment.................................................................................................. 94


42. Interest on Delayed Payments ................................................................................................. 95
G. FAIRNESS AND GOOD FAITH ........................................................................................................... 95
43. Good Faith ............................................................................................................................... 95
H. SETTLEMENT OF DISPUTES ............................................................................................................. 96
44. Amicable Settlement ............................................................................................................... 96
45. Dispute Resolution .................................................................................................................. 96
Attachment 1: Banks Policy Corrupt and Fraudulent Practices ....................................................... 97
III.

Special Conditions of Contract................................................................................................ 99

IV.

Appendices ............................................................................................................................ 105


Appendix A Terms of Reference .............................................................................................. 105
Appendix B - Key Experts ........................................................................................................... 105
Appendix C Breakdown of Contract Price ............................................................................... 105
Appendix D - Form of Advance Payments Guarantee ................................................................ 107

PART I
Section 1. Letter of Invitation
RFP No. NELSAP/NCORE/CS/014;
Loan/Credit/Grant No. CIWA TF 013767
Kigali, Rwanda, February 2015
1.

WAPCOS Ltd in sub-consultancy association with Benchmark Engineering &


Architectural Consultants Ltd
76-C, Sector 18, Institutional Area, Gurgaon, Haryana, India
Tel: +91 124 2397391 , Fax: +91-124-2399224 , E-mail: wss@wapcos.gov.in or
mail@wapcos.gov.in

2.

Tcnica y Proyectos, S.A.(TYPSA) Consulting Engineers in sub consultancy association


with AGRER and Abdul Mullick Associates
Balbino Marron 3, Edificio Viapol A/1/4&5 41018 Seville, Spain
Tel: +34 954 925 325 , Fax: +34 954 640 359 , Email: luisma@typsa.com

3.

BRL Ingnierie in sub consultancy association with AURECON, CAVICON Consultants


and Howard Humphreys
1105, av. Pierre Mendes France, B.P. 94001 30001 Nmes Cedex 5 France
Tel: +33 466 875000 , Fax: +33 466 875109 , E-mail: dc.brli@brl.fr or isabelle.hubiche@brl.fr

4.

AECOM
263 A West Avenue, Centurion, Tshwane 0157, South Africa
Tel: +27 124 213500 , Fax: +27 124 213501 , Email: Stefan.vanderwatt@aecom.com

5.

SGI Studio Galli Ingeneria in a joint venture Association with Z&A Consulting
Engineers International Ltd ( Greece);
S.p.a, Via della Provvidenza 13, 35030, Sarmeola di Rubano, Padua, Italy
Tel: +39 049 89 76 844; Fax: +39 049 89 76 784 ; E-mail: matteo.bellinello@sgi-spa.it

6.

Tractebel Engineering S.A.


Le Delage - 5, rue du 19 mars 1962 92 622 Gennevilliers, Cedex - France
Tl. + 33 1 41 85 03 69 -Fax + 33 1 41 85 03 74 E-mail: nicolas.werkoff@gdfsuez.com

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Dear Mr. /Ms.:


1. The Nile Basin Initiative (NBI)/Nile Equatorial Lakes Subsidiary Action Program (NELSAP) (the
Client) has been allocated grant funds (the Grant) from the World Bank through the Cooperation
on International Waters for Africa (CIWA) Multi-Donor Trust Fund which are administered by the
International Development Association (IDA) (the Bank) and executed by the NBI/NELSAP
(the Client). The NBI/NELSAP intends to apply the funds to eligible payments under the
contract for which this Request for Proposals is issued. Payments by the Bank will be made only
at the request of the NBI/NELSAP and upon approval by the Bank, and will be subject, in all
respects, to the terms and conditions of the grant agreement. The grant agreement prohibits a
withdrawal from the grant account for the purpose of any payment to persons or entities, or for any
import of goods, if such payment or import, to the knowledge of the Bank, is prohibited by a
decision of the United Nations Security council taken under Chapter VII of the Charter of the
United Nations. No party other than the NBI/NELSAP shall derive any rights from the grant
agreement or have any claims to the proceeds of the grant.
2. The Client now invites proposals to provide the following consulting services (hereinafter called
Services): Feasibility Study, Detailed Design and Tender Document Preparation for SioSango Irrigation Development and Watershed Management Project (Lot3). Details on the
Services are provided in the Terms of Reference (Section 7).
3. This Request for Proposals (RFP) has been addressed to the following shortlisted Consultants:
(i).
(ii).
(iii).
(iv).
(v).
(vi).

WAPCOS Ltd in sub consultancy association with Benchmark Engineering &


Architectural Consultants Ltd India
TYPSA Consulting Engineers in sub consultancy association with AGRER and AMA
Spain
BRL Ingnierie in sub consultancy association with AURECON, CAVICON Consultants
and Howard Humphreys France
AECOM South Africa
SGI Studio Galli S.p.A in JV with Z&A Consulting Engineers Italy
Tractebel Engineering S.A France

4. It is not permissible to transfer this invitation to any other firm.


5. A firm will be selected under QCBS procedures and in a Full Technical Proposal (FTP) format as
described in this RFP, in accordance with the policies of the Bank detailed in the Consultants
Guidelines which can be found at the following website: www.worldbank.org/procure
6. The RFP includes the following documents:
Section 1 - Letter of Invitation
Section 2 - Instructions to Consultants and Data Sheet
Section 3 - Technical Proposal (FTP) - Standard Forms
Section 4 - Financial Proposal - Standard Forms
Section 5 Eligible Countries
Section 6 Banks Policy Corrupt and Fraudulent Practices
Section 7 - Terms of Reference
Section 8 - Standard Forms of Contract (Lump-Sum)
7. Please inform us by February 20, 2015, in writing at:
Att. Ms. Thuguri Mungai; NELSAP Procurement Specialist;

P.O. Box 6759 Kigali-Rwanda; or by E-mail: tmungai@nilebasin.org copied to


vssebuggwawo@nilebasin.org ; amukubwa@nilebasin.org ; mbadaza@nilebasin.org
(a)
(b)

that you have received the Letter of Invitation; and


whether you intend to submit a proposal alone or intend to enhance your experience
by requesting permission to associate with other firm(s) (if permissible under Section
2, Instructions to Consultants (ITC), Data Sheet 14.1.1).

8. Details on the proposals submission date, time and address are provided in Clauses 17.7 and 17.9
of the ITC.
Yours sincerely,

Mr. Vincent SSEBUGGWAWO


Ag. Program Officer WRD
Nile Equatorial Lakes Subsidiary Action Program/Nile Basin Initiative; Tel: +250 788 307 334
E-mail:vssebuggwawo@nilebasin.org; Url: www.nilebasin.org/nelsap

Section 2. Instructions to Consultants and Data Sheet


A. General Provisions
Definitions

(a) Affiliate(s) means an individual or an entity that directly or


indirectly controls, is controlled by, or is under common
control with the Consultant.
(b) Applicable Guidelines means the policies of the Bank
governing the selection and Contract award process as set forth
in this RFP.
(c) Applicable Law means the laws and any other instruments
having the force of law in the Clients country, or in such other
country as may be specified in the Data Sheet, as they may be
issued and in force from time to time.
(d) Bank means the International Bank for Reconstruction and
Development (IBRD) or the International Development
Association (IDA).
(e) Borrower means the Government, Government agency or
other entity that signs the grant agreement with the Bank.
(f) Client means the implementing agency that signs the Contract
for the Services with the selected Consultant.
(g)Consultant means a legally-established professional consulting
firm or an entity that may provide or provides the Services to
the Client under the Contract.
(h)Contract means a legally binding written agreement signed
between the Client and the Consultant and includes all the
attached documents listed in its Clause 1 (the General
Conditions of Contract (GCC), the Special Conditions of
Contract (SCC), and the Appendices).
(i) Data Sheet means an integral part of the Instructions to
Consultants (ITC) Section 2 that is used to reflect specific
country and assignment conditions to supplement, but not to
over-write, the provisions of the ITC.
(j) Day means a calendar day.
(k) Experts means, collectively, Key Experts, Non-Key Experts,
or any other personnel of the Consultant, Sub-consultant or
Joint Venture member(s).
(l) Government means the government of the Clients country.
(m) Joint Venture (JV) means an association with or without a
legal personality distinct from that of its members, of more than
one Consultant where one member has the authority to conduct
all business for and on behalf of any and all the members of the
JV, and where the members of the JV are jointly and severally
liable to the Client for the performance of the Contract.
(n) Key Expert(s) means an individual professional whose skills,
qualifications, knowledge and experience are critical to the
performance of the Services under the Contract and whose CV
is taken into account in the technical evaluation of the
Consultants proposal.
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Section 2. Instructions to Consultants

Introduction

Conflict of Interest

(o) ITC (this Section 2 of the RFP) means the Instructions to


Consultants that provides the shortlisted Consultants with all
information needed to prepare their Proposals.
(p) LOI (this Section 1 of the RFP) means the Letter of
Invitation being sent by the Client to the shortlisted
Consultants.
(q) Non-Key Expert(s) means an individual professional
provided by the Consultant or its Sub-consultant and who is
assigned to perform the Services or any part thereof under the
Contract and whose CVs are not evaluated individually.
(r) Proposal means the Technical Proposal and the Financial
Proposal of the Consultant.
(s) RFP means the Request for Proposals to be prepared by the
Client for the selection of Consultants, based on the SRFP.
(t) SRFP means the Standard Request for Proposals, which must
be used by the Client as the basis for the preparation of the
RFP.
(u) Services means the work to be performed by the Consultant
pursuant to the Contract.
(v) Sub-consultant means an entity to whom the Consultant
intends to subcontract any part of the Services while remaining
responsible to the Client during the performance of the
Contract.
(w) TORs (this Section 7 of the RFP) means the Terms of
Reference that explain the objectives, scope of work, activities,
and tasks to be performed, respective responsibilities of the
Client and the Consultant, and expected results and deliverables
of the assignment.
1.1 The Client named in the Data Sheet intends to select a
Consultant from those listed in the Letter of Invitation, in
accordance with the method of selection specified in the Data
Sheet.
1.2 The shortlisted Consultants are invited to submit a Technical
Proposal and a Financial Proposal, or a Technical Proposal only,
as specified in the Data Sheet, for consulting services required
for the assignment named in the Data Sheet. The Proposal will
be the basis for negotiating and ultimately signing the Contract
with the selected Consultant.
1.3 The Consultants should familiarize themselves with the local
conditions and take them into account in preparing their
Proposals, including attending a pre-proposal conference if one
is specified in the Data Sheet. Attending any such pre-proposal
conference is optional and is at the Consultants expense.
1.4 The Client will timely provide, at no cost to the Consultants, the
inputs, relevant project data, and reports required for the
preparation of the Consultants Proposal as specified in the Data
Sheet.
1.5 The Consultant is required to provide professional, objective,
and impartial advice, at all times holding the Clients interests
paramount, strictly avoiding conflicts with other assignments or

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Section 2. Instructions to Consultants

a. Conflicting
activities

b. Conflicting
assignments

c. Conflicting
relationships

its own corporate interests, and acting without any consideration


for future work.
1.6 The Consultant has an obligation to disclose to the Client any
situation of actual or potential conflict that impacts its capacity
to serve the best interest of its Client. Failure to disclose such
situations may lead to the disqualification of the Consultant or
the termination of its Contract and/or sanctions by the Bank.
1.6.1 Without limitation on the generality of the foregoing, and unless
stated otherwise in the Data Sheet, the Consultant shall not be
hired under the circumstances set forth below:
(i) Conflict between consulting activities and procurement of
goods, works or non-consulting services: a firm that has been
engaged by the Client to provide goods, works, or nonconsulting services for a project, or any of its Affiliates, shall
be disqualified from providing consulting services resulting
from or directly related to those goods, works, or nonconsulting services. Conversely, a firm hired to provide
consulting services for the preparation or implementation of a
project, or any of its Affiliates, shall be disqualified from
subsequently providing goods or works or non-consulting
services resulting from or directly related to the consulting
services for such preparation or implementation.
(ii) Conflict among consulting assignments: a Consultant
(including its Experts and Sub-consultants) or any of its
Affiliates shall not be hired for any assignment that, by its
nature, may be in conflict with another assignment of the
Consultant for the same or for another Client.
(iii) Relationship with the Clients staff: a Consultant (including
its Experts and Sub-consultants) that has a close business or
family relationship with a professional staff of the Borrower
(or of the Client, or of implementing agency, or of a recipient
of a part of the Banks financing) who are directly or
indirectly involved in any part of (i) the preparation of the
Terms of Reference for the assignment, (ii) the selection
process for the Contract, or (iii) the supervision of the
Contract, may not be awarded a Contract, unless the conflict
stemming from this relationship has been resolved in a
manner acceptable to the Bank throughout the selection
process and the execution of the Contract.

Unfair Competitive
Advantage

Corrupt and
Fraudulent

1.7 Fairness and transparency in the selection process require that


the Consultants or their Affiliates competing for a specific
assignment do not derive a competitive advantage from having
provided consulting services related to the assignment in
question. To that end, the Client shall indicate in the Data Sheet
and make available to all shortlisted Consultants together with
this RFP all information that would in that respect give such
Consultant any unfair competitive advantage over competing
Consultants.
5.1 The Bank requires compliance with its policy in regard to corrupt

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Section 2. Instructions to Consultants

Practices

and fraudulent practices as set forth in Section 6.


5.2 In further pursuance of this policy, Consultant shall permit and shall
cause its agents, Experts, Sub-consultants, sub-contractors, services
providers, or suppliers to permit the Bank to inspect all accounts,
records, and other documents relating to the submission of the Proposal
and contract performance (in case of an award), and to have them
audited by auditors appointed by the Bank.

Eligibility

1.8 The Bank permits consultants (individuals and firms, including


Joint Ventures and their individual members) from all countries
to offer consulting services for Bank-financed projects.

1.9 Furthermore, it is the Consultants responsibility to ensure that


its Experts, joint venture members, Sub-consultants, agents
(declared or not), sub-contractors, service providers, suppliers
and/or their employees meet the eligibility requirements as
established by the Bank in the Applicable Guidelines.

1.10

As an exception to the foregoing Clauses 6.1 and 6.2

above:
a. Sanctions

1.10.1 A firm or an individual sanctioned by the Bank in accordance

b. Prohibitions

with the above Clause 5.1 or in accordance with Anti-Corruption


Guidelines shall be ineligible to be awarded a Bank-financed
contract, or to benefit from a Bank-financed contract, financially
or otherwise, during such period of time as the Bank shall
determine. The list of debarred firms and individuals is available
at the electronic address specified in the Data Sheet.
1.10.2 Firms and individuals of a country or goods manufactured in a
country may be ineligible if so indicated in Section 5 (Eligible
Countries) and:
(a) as a matter of law or official regulations, the Borrowers
country prohibits commercial relations with that country,
provided that the Bank is satisfied that such exclusion does
not preclude effective competition for the provision of
Services required; or
(b) by an act of compliance with a decision of the United
Nations Security Council taken under Chapter VII of the
Charter of the United Nations, the Borrowers Country
prohibits any import of goods from that country or any
payments to any country, person, or entity in that country.

c. Restrictions for
Governmentowned Enterprises

6.3.3 Government-owned enterprises or institutions in the


Borrowers country shall be eligible only if they can establish that
they (i) are legally and financially autonomous, (ii) operate under
commercial law, and (iii) that they are not dependent agencies of
the Client
To establish eligibility, the government-owned enterprise or
institution should provide all relevant documents (including its

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Section 2. Instructions to Consultants

charter) sufficient to demonstrate that it is a legal entity separate


from the government; it does not currently receive any substantial
subsidies or budget support; it is not obligated to pass on its
surplus to the government; it can acquire rights and liabilities,
borrow funds, and can be liable for repayment of debts and be
declared bankrupt; and it is not competing for a contract to be
awarded by the government department or agency which, under
the applicable laws or regulations, is its reporting or supervisory
authority or has the ability to exercise influence or control over it.
d. Restrictions for
public employees

6.3.4 Government officials and civil servants of the Borrowers


country are not eligible to be included as Experts in the
Consultants Proposal unless such engagement does not conflict
with any employment or other laws, regulations, or policies of the
Borrowers country, and they
(i) are on leave of absence without pay, or have resigned or
retired;
(ii) are not being hired by the same agency they were working for
before going on leave of absence without pay, resigning, or
retiring
(in case of resignation or retirement, for a period of at
least 6 (six) months, or the period established by
statutory provisions applying to civil servants or
government employees in the Borrowers country,
whichever is longer. Experts who are employed by the
government-owned universities, educational or research
institutions are not eligible unless they have been full
time employees of their institutions for a year or more
prior to being included in Consultants Proposal.; and
(iii) Their hiring would not create a conflict of interest.
B. Preparation of Proposals

7.

General
Consideratio
ns
Cost of Preparation
of Proposal

Language

Documents

7.1 In preparing the Proposal, the Consultant is expected to examine the


RFP in detail. Material deficiencies in providing the information
requested in the RFP may result in rejection of the Proposal.
7.2 The Consultant shall bear all costs associated with the preparation and
submission of its Proposal, and the Client shall not be responsible or
liable for those costs, regardless of the conduct or outcome of the
selection process. The Client is not bound to accept any proposal, and
reserves the right to annul the selection process at any time prior to
Contract award, without thereby incurring any liability to the
Consultant.
7.3 The Proposal, as well as all correspondence and documents relating to
the Proposal exchanged between the Consultant and the Client shall be
written in the language(s) specified in the Data Sheet.
7.4 The Proposal shall comprise the documents and forms listed in the

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Section 2. Instructions to Consultants

Comprising
the Proposal

Only One Proposal

Proposal Validity

Data Sheet.
7.5 If specified in the Data Sheet, the Consultant shall include a statement
of an undertaking of the Consultant to observe, in competing for and
executing a contract, the Client countrys laws against fraud and
corruption (including bribery).
7.6 The Consultant shall furnish information on commissions, gratuities,
and fees, if any, paid or to be paid to agents or any other party relating
to this Proposal and, if awarded, Contract execution, as requested in
the Financial Proposal submission form (Section 4).
7.7 The Consultant (including the individual members of any Joint
Venture) shall submit only one Proposal, either in its own name or as
part of a Joint Venture in another Proposal. If a Consultant, including
any Joint Venture member, submits or participates in more than one
proposal, all such proposals shall be disqualified and rejected. This
does not, however, preclude a Sub-consultant, or the Consultants staff
from participating as Key Experts and Non-Key Experts in more than
one Proposal when circumstances justify and if stated in the Data
Sheet.
7.8 The Data Sheet indicates the period during which the Consultants
Proposal must remain valid after the Proposal submission deadline.
7.9 During this period, the Consultant shall maintain its original Proposal
without any change, including the availability of the Key Experts, the
proposed rates and the total price.
7.10 If it is established that any Key Expert nominated in the Consultants
Proposal was not available at the time of Proposal submission or was
included in the Proposal without his/her confirmation, such Proposal
shall be disqualified and rejected for further evaluation, and may be
subject to sanctions in accordance with Clause 5 of this ITC.

a. Extension of
Validity Period

7.11 The Client will make its best effort to complete the negotiations within
the proposals validity period. However, should the need arise, the
Client may request, in writing, all Consultants who submitted
Proposals prior to the submission deadline to extend the Proposals
validity.
7.12 If the Consultant agrees to extend the validity of its Proposal, it shall
be done without any change in the original Proposal and with the
confirmation of the availability of the Key Experts.
7.13 The Consultant has the right to refuse to extend the validity of its
Proposal in which case such Proposal will not be further evaluated.

b. Substitution
of Key Experts
at Validity
Extension

7.14 If any of the Key Experts become unavailable for the extended validity
period, the Consultant shall provide a written adequate justification
and evidence satisfactory to the Client together with the substitution
request. In such case, a replacement Key Expert shall have equal or
better qualifications and experience than those of the originally
proposed Key Expert. The technical evaluation score, however, will
remain to be based on the evaluation of the CV of the original Key

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Section 2. Instructions to Consultants

Expert.
7.15 If the Consultant fails to provide a replacement Key Expert with equal
or better qualifications, or if the provided reasons for the replacement
or justification are unacceptable to the Client, such Proposal will be
rejected with the prior Banks no objection.
c. SubContracting
Clarification and
Amendment
of RFP

7.16 The Consultant shall not subcontract the whole of the Services.

7.17 The Consultant may request a clarification of any part of the RFP
during the period indicated in the Data Sheet before the Proposals
submission deadline. Any request for clarification must be sent in
writing, or by standard electronic means, to the Clients address
indicated in the Data Sheet. The Client will respond in writing, or by
standard electronic means, and will send written copies of the response
(including an explanation of the query but without identifying its
source) to all shortlisted Consultants. Should the Client deem it
necessary to amend the RFP as a result of a clarification, it shall do so
following the procedure described below:
7.17.1 At any time before the proposal submission deadline, the Client may
amend the RFP by issuing an amendment in writing or by standard
electronic means. The amendment shall be sent to all shortlisted
Consultants and will be binding on them. The shortlisted Consultants
shall acknowledge receipt of all amendments in writing.
7.17.2 If the amendment is substantial, the Client may extend the proposal
submission deadline to give the shortlisted Consultants reasonable
time to take an amendment into account in their Proposals.
7.18 The Consultant may submit a modified Proposal or a modification to
any part of it at any time prior to the proposal submission deadline. No
modifications to the Technical or Financial Proposal shall be accepted
after the deadline.
7.19 While preparing the Proposal, the Consultant must give particular
Preparation of
attention to the following:
Proposals
7.19.1 If a shortlisted Consultant considers that it may enhance its expertise
Specific
for the assignment by associating with other consultants in the form
Consideratio
of a Joint Venture or as Sub-consultants, it may do so with either (a)
ns
non-shortlisted Consultant(s), or (b) shortlisted Consultants if
permitted in the Data Sheet. In all such cases a shortlisted
Consultant must obtain the written approval of the Client prior to the
submission of the Proposal. When associating with non-shortlisted
firms in the form of a joint venture or a sub-consultancy, the
shortlisted Consultant shall be a lead member. If shortlisted
Consultants associate with each other, any of them can be a lead
member.
7.19.2 The Client may indicate in the Data Sheet the estimated Key
Experts time input (expressed in person-month) or the Clients
estimated total cost of the assignment, but not both. This estimate is
indicative and the Proposal shall be based on the Consultants own
estimates for the same.
7.19.3 If stated in the Data Sheet, the Consultant shall include in its
Proposal at least the same time input (in the same unit as indicated in

11 | P a g e

Section 2. Instructions to Consultants

the Data Sheet) of Key Experts, failing which the Financial Proposal
will be adjusted for the purpose of comparison of proposals and
decision for award in accordance with the procedure in the Data
Sheet.
7.19.4 For assignments under the Fixed-Budget selection method, the
estimated Key Experts time input is not disclosed. Total available
budget, with an indication whether it is inclusive or exclusive of
taxes, is given in the Data Sheet, and the Financial Proposal shall
not exceed this budget.
7.20
The
Technical Proposal shall not include any financial information. A
Technical Proposal
Technical Proposal containing material financial information shall be
Format and
declared non-responsive.
Content
15.1.1 Consultant shall not propose alternative Key Experts. Only
one CV shall be submitted for each Key Expert position. Failure to
comply with this requirement will make the Proposal nonresponsive.

Financial Proposal

a. Price
Adjustment
b. Taxes

c. Currency
of Proposal

d. Currency
of Payment

7.21 Depending on the nature of the assignment, the Consultant is required


to submit a Full Technical Proposal (FTP), or a Simplified Technical
Proposal (STP) as indicated in the Data Sheet and using the Standard
Forms provided in Section 3 of the RFP.
7.22 The Financial Proposal shall be prepared using the Standard Forms
provided in Section 4 of the RFP. It shall list all costs associated with
the assignment, including (a) remuneration for Key Experts and NonKey Experts, (b) reimbursable expenses indicated in the Data Sheet.
7.23 For assignments with a duration exceeding 18 months, a price
adjustment provision for foreign and/or local inflation for
remuneration rates applies if so stated in the Data Sheet.
7.24 The Consultant and its Sub-consultants and Experts are responsible for
meeting all tax liabilities arising out of the Contract unless stated
otherwise in the Data Sheet. Information on taxes in the Clients
country is provided in the Data Sheet.
7.25 The Consultant may express the price for its Services in the currency
or currencies as stated in the Data Sheet. If indicated in the Data
Sheet, the portion of the price representing local cost shall be stated in
the national currency.
7.26 Payment under the Contract shall be made in the currency or
currencies in which the payment is requested in the Proposal.
C. Submission, Opening and Evaluation

Submission, Sealing, and


Marking of
Proposals

17.1 The Consultant shall submit a signed and complete


Proposal comprising the documents and forms in
accordance with Clause 10 (Documents Comprising
Proposal). The submission can be done by mail or by hand.
If specified in the Data Sheet, the Consultant has the
option of submitting its Proposals electronically.
17.2 An authorized representative of the Consultant shall sign
the original submission letters in the required format for
both the Technical Proposal and, if applicable, the
Financial Proposal and shall initial all pages of both. The

12 | P a g e

Section 2. Instructions to Consultants

authorization shall be in the form of a written power of


attorney attached to the Technical Proposal.
17.2.1 A Proposal submitted by a Joint Venture shall be signed by all
members so as to be legally binding on all members, or by an
authorized representative who has a written power of attorney
signed by each members authorized representative.
17.3 Any modifications, revisions, interlineations, erasures, or
overwriting shall be valid only if they are signed or
initialed by the person signing the Proposal.
17.4 The signed Proposal shall be marked ORIGINAL, and its
copies marked COPY as appropriate. The number of
copies is indicated in the Data Sheet. All copies shall be
made from the signed original. If there are discrepancies
between the original and the copies, the original shall
prevail.

17.5 The original and all the copies of the Technical Proposal
shall be placed inside of a sealed envelope clearly marked
TECHNICAL PROPOSAL, FEASIBILITY STUDY,
DETAILED DESIGN AND TENDER DOCUMENT
PREPARATION FOR SIO-SANGO IRRIGATION
DEVELOPMENT
AND
WATERSHED
MANAGEMENT PROJECT, reference number, name
and address of the Consultant, and with a warning DO

NOT OPEN BEFORE APRIL 3, 2015


TIME.

AT

16:00 LOCAL

17.6 Similarly, the original Financial Proposal (if required for


the applicable selection method) shall be placed inside of a
sealed envelope clearly marked FINANCIAL PROPOSAL
followed by the name of the assignment, reference number,
name and address of the Consultant, and with a warning
DO NOT OPEN WITH THE TECHNICAL PROPOSAL.
17.7 The sealed envelopes containing the Technical and
Financial Proposals shall be placed into one outer envelope
and sealed. This outer envelope shall bear the submission
address, RFP reference number, the name of the
assignment, Consultants name and the address, and shall
be clearly marked DO NOT OPEN BEFORE APRIL 03,
2015 AT 16:00 LOCAL TIME.
17.8 If the envelopes and packages with the Proposal are not
sealed and marked as required, the Client will assume no
responsibility for the misplacement, loss, or premature
opening of the Proposal.
17.9 The Proposal or its modifications must be sent to the
address indicated in the Data Sheet and received by the

13 | P a g e

Section 2. Instructions to Consultants

Confidentiality

Opening of Technical
Proposals

Proposals Evaluation

Client no later than the deadline indicated in the Data


Sheet, or any extension to this deadline. Any Proposal or
its modification received by the Client after the deadline
shall be declared late and rejected, and promptly returned
unopened.
18.1 From the time the Proposals are opened to the time the
Contract is awarded, the Consultant should not contact the
Client on any matter related to its Technical and/or Financial
Proposal. Information relating to the evaluation of Proposals
and award recommendations shall not be disclosed to the
Consultants who submitted the Proposals or to any other
party not officially concerned with the process, until the
publication of the Contract award information.
18.2 Any attempt by shortlisted Consultants or anyone on behalf
of the Consultant to influence improperly the Client in the
evaluation of the Proposals or Contract award decisions may
result in the rejection of its Proposal, and may be subject to
the application of prevailing Banks sanctions procedures.
18.3 Notwithstanding the above provisions, from the time of the
Proposals opening to the time of Contract award
publication, if a Consultant wishes to contact the Client or
the Bank on any matter related to the selection process, it
should do so only in writing.
19.1 The Clients evaluation committee shall conduct the
opening of the Technical Proposals in the presence of the
shortlisted Consultants authorized representatives who
choose to attend (in person, or online if this option is
offered in the Data Sheet). The opening date, time and the
address are stated in the Data Sheet. The envelopes with
the Financial Proposal shall remain sealed and shall be
securely stored with a reputable public auditor or
independent authority until they are opened in accordance
with Clause 23 of the ITC.
19.2 At the opening of the Technical Proposals the following
shall be read out: (i) the name and the country of the
Consultant or, in case of a Joint Venture, the name of the
Joint Venture, the name of the lead member and the names
and the countries of all members; (ii) the presence or
absence of a duly sealed envelope with the Financial
Proposal; (iii) any modifications to the Proposal submitted
prior to proposal submission deadline; and (iv) any other
information deemed appropriate or as indicated in the Data
Sheet.
20.1 Subject to provision of Clause 15.1 of the ITC, the evaluators of
the Technical Proposals shall have no access to the Financial
Proposals until the technical evaluation is concluded and the
Bank issues its no objection, if applicable.
20.2 The Consultant is not permitted to alter or modify its Proposal in
any way after the proposal submission deadline except as
permitted under Clause 12.7 of this ITC. While evaluating the
Proposals, the Client will conduct the evaluation solely on the

14 | P a g e

Section 2. Instructions to Consultants

Evaluation of Technical
Proposals

Financial Proposals for


QBS

basis of the submitted Technical and Financial Proposals.


21.1 The Clients evaluation committee shall evaluate the
Technical Proposals on the basis of their responsiveness to
the Terms of Reference and the RFP, applying the
evaluation criteria, sub-criteria, and point system specified
in the Data Sheet. Each responsive Proposal will be given a
technical score. A Proposal shall be rejected at this stage if it
does not respond to important aspects of the RFP or if it fails
to achieve the minimum technical score indicated in the
Data Sheet.
22.1 Following the ranking of the Technical Proposals, when the
selection is based on quality only (QBS), the top-ranked Consultant is
invited to negotiate the Contract.
22.2 If Financial Proposals were invited together with the Technical
Proposals, only the Financial Proposal of the technically top-ranked
Consultant is opened by the Clients evaluation committee. All other
Financial Proposals are returned unopened after the Contract
negotiations are successfully concluded and the Contract is signed.

Public Opening of
Financial
Proposals (for
QCBS, FBS, and
LCS methods)

Correction of Errors

23.1 After the technical evaluation is completed and the Bank has
issued its no objection (if applicable), the Client shall notify
those Consultants whose Proposals were considered nonresponsive to the RFP and TOR or did not meet the
minimum qualifying technical score (and shall provide
information relating to the Consultants overall technical
score, as well as scores obtained for each criterion and subcriterion) that their Financial Proposals will be returned
unopened after completing the selection process and
Contract signing. The Client shall simultaneously notify in
writing those Consultants that have achieved the minimum
overall technical score and inform them of the date, time and
location for the opening of the Financial Proposals. The
opening date should allow the Consultants sufficient time to
make arrangements for attending the opening. The
Consultants attendance at the opening of the Financial
Proposals (in person, or online if such option is indicated in
the Data Sheet) is optional and is at the Consultants choice.
23.2 The Financial Proposals shall be opened by the Clients
evaluation committee in the presence of the representatives
of those Consultants whose proposals have passed the
minimum technical score. At the opening, the names of the
Consultants, and the overall technical scores, including the
break-down by criterion, shall be read aloud. The Financial
Proposals will then be inspected to confirm that they have
remained sealed and unopened. These Financial Proposals
shall be then opened, and the total prices read aloud and
recorded. Copies of the record shall be sent to all
Consultants who submitted Proposals and to the Bank.
24.1 Activities and items described in the Technical Proposal but not
priced in the Financial Proposal, shall be assumed to be included in

15 | P a g e

Section 2. Instructions to Consultants

the prices of other activities or items, and no corrections are made to


the Financial Proposal.
a. Time-Based Contracts

24.1.1 If a Time-Based contract form is included in the RFP,


the Clients evaluation committee will (a) correct any
computational or arithmetical errors, and (b) adjust the prices
if they fail to reflect all inputs included for the respective
activities or items in the Technical Proposal. In case of
discrepancy between (i) a partial amount (sub-total) and the
total amount, or (ii) between the amount derived by
multiplication of unit price with quantity and the total price, or
(iii) between words and figures, the former will prevail. In case
of discrepancy between the Technical and Financial Proposals
in indicating quantities of input, the Technical Proposal
prevails and the Clients evaluation committee 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 total Proposal cost.

b. Lump-Sum Contracts

24.2 If a Lump-Sum contract form is included in the RFP, the


Consultant is deemed to have included all prices in the Financial
Proposal, so neither arithmetical corrections nor price adjustments
shall be made. The total price, net of taxes understood as per Clause
ITC 25 below, specified in the Financial Proposal (Form FIN-1) shall
be considered as the offered price.

Taxes

Conversion to Single
Currency

25.1 The Clients evaluation of the Consultants Financial Proposal


shall exclude taxes and duties in the Clients country in accordance
with the instructions in the Data Sheet.
26.1 For the evaluation purposes, prices shall be converted to a
single currency using the selling rates of exchange, source
and date indicated in the Data Sheet.

Combined Quality and


Cost Evaluation
a. Quality- and CostBased Selection
(QCBS)

b. Fixed-Budget
Selection (FBS)

26.2 In the case of QCBS, the total score is calculated by


weighting the technical and financial scores and adding them
as per the formula and instructions in the Data Sheet. The
Consultant achieving the highest combined technical and
financial score will be invited for negotiations.
26.3 In the case of FBS, those Proposals that exceed the budget
indicated in Clause 14.1.4 of the Data Sheet shall be
rejected.
26.4 The Client will select the Consultant that submitted the
highest-ranked Technical Proposal that does not exceed the
budget indicated in the RFP, and invite such Consultant to
negotiate the Contract.

16 | P a g e

Section 2. Instructions to Consultants

c. Least-Cost Selection

26.5 In the case of Least-Cost Selection (LCS), the Client will


select the Consultant with the lowest evaluated total price
among those consultants that achieved the minimum
technical score, and invite such Consultant to negotiate the
Contract.
D. Negotiations and Award

Negotiations

a. Availability of Key
Experts

b. Technical
negotiations

c. Financial
negotiations

26.6 The negotiations will be held at the date and address


indicated in the Data Sheet with the Consultants
representative(s) who must have written power of attorney
to negotiate and sign a Contract on behalf of the Consultant.
26.7 The Client shall prepare minutes of negotiations that are
signed by the Client and the Consultants authorized
representative.
26.8 The invited Consultant shall confirm the availability of all
Key Experts included in the Proposal as a pre-requisite to
the negotiations, or, if applicable, a replacement in
accordance with Clause 12 of the ITC. Failure to confirm the
Key Experts availability may result in the rejection of the
Consultants Proposal and the Client proceeding to negotiate
the Contract with the next-ranked Consultant.
26.9 Notwithstanding the above, the substitution of Key Experts
at the negotiations may be considered if due solely to
circumstances outside the reasonable control of and not
foreseeable by the Consultant, including but not limited to
death or medical incapacity. In such case, the Consultant
shall offer a substitute Key Expert within the period of time
specified in the letter of invitation to negotiate the Contract,
who shall have equivalent or better qualifications and
experience than the original candidate.
26.10
The negotiations include discussions of the Terms of
Reference (TORs), the proposed methodology, the Clients
inputs, the special conditions of the Contract, and finalizing
the Description of Services part of the Contract. These
discussions shall not substantially alter the original scope of
services under the TOR or the terms of the contract, lest the
quality of the final product, its price, or the relevance of the
initial evaluation be affected.
26.11
The negotiations include the clarification of the
Consultants tax liability in the Clients country and how it
should be reflected in the Contract.
26.12
If the selection method included cost as a factor in
the evaluation, the total price stated in the Financial Proposal
for a Lump-Sum contract shall not be negotiated.
26.13
In the case of a Time-Based contract, unit rates
negotiations shall not take place, except when the offered
Key Experts and Non-Key Experts remuneration rates are
much higher than the typically charged rates by consultants
in similar contracts. In such case, the Client may ask for
clarifications and, if the fees are very high, ask to change the

17 | P a g e

Section 2. Instructions to Consultants

rates after consultation with the Bank.


The format for (i) providing information on remuneration rates in the
case of Quality Based Selection; and (ii) clarifying remuneration
rates structure under Clause 28.8 above, is provided in Appendix A
to the Financial Form FIN-3: Financial Negotiations Breakdown of
Remuneration Rates.
Conclusion of
Negotiations

Award of Contract

26.14
The negotiations are concluded with a review of the
finalized draft Contract, which then shall be initialed by the
Client and the Consultants authorized representative.
26.15
If the negotiations fail, the Client shall inform the
Consultant in writing of all pending issues and
disagreements and provide a final opportunity to the
Consultant to respond. If disagreement persists, the Client
shall terminate the negotiations informing the Consultant of
the reasons for doing so. After having obtained the Banks
no objection, the Client will invite the next-ranked
Consultant to negotiate a Contract. Once the Client
commences negotiations with the next-ranked Consultant,
the Client shall not reopen the earlier negotiations.
26.16
After completing the negotiations the Client shall
obtain the Banks no objection to the negotiated draft
Contract, if applicable; sign the Contract; publish the award
information as per the instructions in the Data Sheet; and
promptly notify the other shortlisted Consultants.
26.17
The Consultant is expected to commence the
assignment on the date and at the location specified in the
Data Sheet.

18 | P a g e

Section 2. Instructions to Consultants

Instructions to Consultants
E. Data Sheet
A. General
ITC Clause
Reference
1 (c)

Kenya

2.1

Name of the Client: Nile Basin Initiative/Nile Equatorial Lakes Subsidiary

Action Program
Method of selection: QCBS as per Applicable Guidelines: Selection and
Employment of Consultants under IBRD Loans and IDA Credits & Grants by World
Bank Borrowers, dated January 2011 available on www.worldbank.org/procure
2.2

Financial Proposal to be submitted together with Technical Proposal: Yes


The name of the assignment is: Feasibility Study, Detailed Design and Tender
Document Preparation for Sio-Sango Irrigation Development and Watershed
Management Project (Lot3)

2.3

A pre-proposal conference will be held: No

2.4

The Client will provide the following inputs, project data, reports, etc. to
facilitate the preparation of the Proposals:
a)
Pre-feasibility Study Report Development of Multipurpose Water Storage
Reservoirs in the Sio-Malaba-Malakisi Sub Basin (Newplan, 2010)
b)
Assessment of the Irrigation Potential in Burundi, Eastern DR Congo, Kenya,
Rwanda, Southern Sudan, Tanzania and Uganda, Final Report (July 2012):
Appendices: Burundi and Uganda

6.3.1

A list of debarred firms and individuals is available at the Banks external


website: www.worldbank.org/debarr
B. Preparation of Proposals

9.1

This RFP has been issued in the English language.


Proposals shall be submitted in the English language.
All correspondence exchange shall be in the English language.

10.1

The Proposal shall comprise the following:


For FULL TECHNICAL PROPOSAL (FTP):
1st Inner Envelope with the Technical Proposal:
(1) Power of Attorney to sign the Proposal
(2) TECH-1
(3) TECH-2

19 | P a g e

Section 2. Instructions to Consultants

(4)
(5)
(6)
(7)

TECH-3
TECH-4
TECH-5
TECH-6

AND

(1)
(2)
(3)
(4)
(5)

2nd Inner Envelope with the Financial Proposal (if applicable):


FIN-1
FIN-2
FIN-3
FIN-4
Statement of Undertaking (if required under Data Sheet 10.2 below)

10.2

Statement of Undertaking is required: Yes

11.1

Participation of Sub-consultants, Key Experts and Non-Key Experts in more than


one Proposal is permissible: Yes

12.1

Proposals must remain valid for 90 days calendar days after the proposal
submission deadline.

13.1

Clarifications may be requested no later than 10 days prior to the submission


deadline.
The contact information for requesting clarifications is:
Thuguri Mungai
NELSAP Procurement Office
Email: tmungai@nilebasin.org
Copied to:
E-mail:mbadaza@nilebasin.org;amukubwa@nilebasin.org;
vssebuggwawo@nilebasin.org.

14.1.1

Shortlisted Consultants may associate with


(a) non-shortlisted consultant(s): Yes
Or
(b) other shortlisted Consultants: No

14.1.2 and
27.1

The Estimated total cost of the assignment, is: Seven Hundred Twenty Thousand
United States Dollars (USD 720,000).

15.2

The format of the Technical Proposal to be submitted is: FTP


Submission of the Technical Proposal in a wrong format may lead to the Proposal
being deemed non-responsive to the RFP requirements.

16.1

A list is as follows:
(1) a per diem allowance, including hotel, for experts for every day of absence
from the home office for the purposes of the Services;
(2) cost of travel by the most appropriate means of transport and the most direct

20 | P a g e

Section 2. Instructions to Consultants

(3)
(4)
(5)
(6)
(7)

practicable route;
cost of office accommodation, including overheads and back-stop support;
communications costs;
cost of purchase or rent or freight of any equipment required to be provided by
the Consultants;
cost of reports production (including printing) and delivering to the Client;
other allowances where applicable and provisional or fixed sums (if any)

16.2

A price adjustment provision applies to remuneration rates: No

16.3

The Client has obtained an exemption for the Consultant from payment of VAT, or
local indirect taxes in the Clients country as per Memorandum of Understanding
between the Government of Kenya and the Nile Basin Initiative (NBI); however
individual experts within a firm have to meet their tax obligations in concert with
the tax regulations in their member countries.

16.4

The Financial Proposal shall be stated in the following currencies:


Consultant may express the price for their Services in any fully convertible
currency, singly or in combination of up to three foreign currencies.
The Financial Proposal should state local costs in the Clients country currency
(local currency): N/A
C. Submission, Opening and Evaluation

17.1

The Consultants shall NOT have the option of submitting their Proposals
electronically.

17.4

The Consultant must submit:


(a) Technical Proposal: one (1) original and 2 copies;
(b) Financial Proposal: one (1) original.

17.7 and
17.9

The Proposals must be submitted no later than:


Date: April 03, 2015: Time: 16:00 local time
The Proposal submission address is:
The Regional Coordinator
NBI/NELSAP
5th Floor Kigali City Tower
Kigali, Rwanda
Tel: +250 788307334
Att: Procurement Specialist

19.1

An online option of the opening of the Technical Proposals is offered: No


The opening shall take place at: same as the Proposal submission address
Date: same as the submission deadline indicated in ITC 17.7.
Time: 16:00 local time

21.1
(for FTP)

Criteria, sub-criteria, and point system for the evaluation of the Full Technical
Proposals:
Technical Proposals:

21 | P a g e

Section 2. Instructions to Consultants

Points
(i)

Specific experience of the Consultant (as a firm) relevant to the


Assignment:

10

(ii) Adequacy and quality of the proposed methodology, and work plan in
responding to the Terms of Reference (TORs):
30
a) Technical approach and methodology
20
b) Work plan
5
c) Organization and staffing
5
{Notes to Consultant: the Client will assess whether the proposed methodology
is clear, responds to the TORs, work plan is realistic and implementable;
overall team composition is balanced and has an appropriate skills mix; and
the work plan has right input of Experts}
(iii) Key Experts qualifications and competence for the Assignment:
{Notes to Consultant: each position number corresponds to the same for the Key
Experts in Form TECH-6 to be prepared by the Consultant}
Position K-1
Position K-2
Position K-3
Position K-4
Position K-5
Position K-6
Position K-7
Position K-8
Position K-9
Position K-10
Position K-11
Position K-12
Position K-13

Dam Design/ Civil Engineer (Team Leader)


Irrigation and Drainage/Reclamation Specialist
Hydropower Engineer
Agricultural Planner/ Agronomist
Geotechnical Engineer
Geologist
Hydrologist
Soil Specialist/ Pedologist
Development Economist
Economist and Financial Specialist
Surveyor
Socio-economist
Environmental Management Specialist
Total points for criterion (iii)

9
5
5
5
5
4
4
3
3
3
3
3
3
55

The number of points to be assigned to each of the above positions shall be


determined considering the following three sub-criteria and relevant
percentage weights:
1
2
3

General qualifications (general education, training, and


experience)
Adequacy for the Assignment (relevant education,
training, experience in the sector/similar assignments )
Relevant experience in the region (working level fluency
in local language(s)/knowledge of local culture or
administrative system, government organization, etc.
Total weight:

(iv) Participation by nationals among proposed Key Experts

20%
70%
10%
100%
5

22 | P a g e

Section 2. Instructions to Consultants

Total points for the four criteria:


The minimum technical score (St) required to pass is: 75%

100

23.1

An online option of the opening of the Financial Proposals is offered: No

25.1

For the purpose of the evaluation, the Client will exclude: (a) all local identifiable
indirect taxes such as sales tax, excise tax, VAT, or similar taxes levied on the
contracts invoices; and (b) all additional local indirect tax on the remuneration of
services rendered by non-resident experts in the Clients country. If a Contract is
awarded, at Contract negotiations, all such taxes will be discussed, finalized (using
the itemized list as a guidance but not limiting to it) and added to the Contract
amount as a separate line, also indicating which taxes shall be paid by the Consultant
and which taxes are withheld and paid by the Client on behalf of the Consultant.

26.1

The single currency for the conversion of all prices expressed in various currencies
into a single one is: Kenya Shilling
The official source of the selling (exchange) rate is: the Central Bank of Kenya
The date of the exchange rate is: Date of Proposal Opening

27.1
(QCBS
only)

The lowest evaluated Financial Proposal (Fm) is given the maximum


financial score (Sf) of 100.
The formula for determining the financial scores (Sf) of all other
Proposals is calculated as following:
Sf = 100 x Fm/ F, in which Sf is the financial score, Fm is the lowest
price, and F the price of the proposal under consideration.
The weights given to the Technical (T) and Financial (P) Proposals are:
T = 0.8, and P = 0.2
Proposals are ranked according to their combined technical (St) and financial
(Sf) scores using the weights (T = the weight given to the Technical Proposal;
P = the weight given to the Financial Proposal; T + P = 1) as following: S =
St x T% + Sf x P%.
D. Negotiations and Award

28.1

Expected date and address for contract negotiations:


Date: May 2015
Address: Sio-Malaba-Malakisi River Basin Management Project, Kakamega,
Kenya, PMU Offices, Kefinco House

28.7

Prices breakdowns for different phases/activities, if found front-loaded or

23 | P a g e

Section 2. Instructions to Consultants

unbalanced, shall be discussed and balanced without changing the total price of the
financial proposal
30.1

The publication of the contract award information following the completion of the
contract negotiations and contract signing will be done as following: UNDB Online
The publication will be done within Fourteen (14) days after the contract signing.

30.2

Expected date for the commencement of the Services:


Date: May 2015 at Kakamega Kenya.

24 | P a g e

Section 3. Technical Proposal Standard Forms


CHECKLIST OF REQUIRED FORMS
Required for
FTP or STP
()
FTP
STP

If
applicable

FORM

TECH-1
TECH-1
Attachment

If
applicable

Power of
Attorney

TECH-2

TECH-2A
TECH-2B
TECH-3

TECH-3A
TECH-3B
TECH-4

TECH-5
TECH-6

DESCRIPTION

Page Limit

Technical Proposal Submission Form.


If the Proposal is submitted by a joint venture,
attach a letter of intent or a copy of an existing
agreement.
No pre-set format/form. In the case of a Joint
Venture, several are required: a power of attorney
for the authorized representative of each JV
member, and a power of attorney for the
representative of the lead member to represent all
JV members
Consultants Organization and Experience.
A. Consultants Organization
B. Consultants Experience
Comments or Suggestions on the Terms of
Reference and on Counterpart Staff and Facilities to
be provided by the Client.
A. On the Terms of Reference
B. On the Counterpart Staff and Facilities
Description of the Approach, Methodology, and
Work Plan for Performing the Assignment
Work Schedule and Planning for Deliverables
Team Composition, Key Experts Inputs, and
attached Curriculum Vitae (CV)

All pages of the original Technical and Financial Proposal shall be initialled by the same
authorized representative of the Consultant who signs the Proposal.

25 | P a g e

Section 3. Technical Proposal Standard Forms

FORM TECH-1
TECHNICAL PROPOSAL SUBMISSION FORM
{Location, Date}
To:

[Name and address of Client]

Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in
accordance with your Request for Proposals dated [Insert Date] and our Proposal. [Select appropriate
wording depending on the selection method stated in the RFP: We are hereby submitting our
Proposal, which includes this Technical Proposal and a Financial Proposal sealed in a separate
envelope or, if only a Technical Proposal is invited We hereby are submitting our Proposal, which
includes this Technical Proposal only in a sealed envelope.].
{If the Consultant is a joint venture, insert the following: We are submitting our Proposal a
joint venture with: {Insert a list with full name and the legal address of each member, and indicate the
lead member}. We have attached a copy {insert: of our letter of intent to form a joint venture or, if a
JV is already formed, of the JV agreement} signed by every participating member, which details the
likely legal structure of and the confirmation of joint and severable liability of the members of the said
joint venture.
{OR
If the Consultants Proposal includes Sub-consultants, insert the following: We are submitting our
Proposal with the following firms as Sub-consultants: {Insert a list with full name and address of each
Sub-consultant.}
We hereby declare that:
(a)
All the information and statements made in this Proposal are true and we accept that any
misinterpretation or misrepresentation contained in this Proposal may lead to our disqualification by
the Client and/or may be sanctioned by the Bank.
(b)
Our Proposal shall be valid and remain binding upon us for the period of time specified in the
Data Sheet, Clause 12.1.
(c)

We have no conflict of interest in accordance with ITC 3.


(d)

We meet the eligibility requirements as stated in ITC 6, and we confirm our


understanding of our obligation to abide by the Banks policy in regard to corrupt and
fraudulent practices as per ITC 5.

(e)

In competing for (and, if the award is made to us, in executing) the Contract, we
undertake to observe the laws against fraud and corruption, including bribery, in force
in the country of the Client.

26 | P a g e

Section 3. Technical Proposal Standard Forms

(f)

Except as stated in the Data Sheet, Clause 12.1, we undertake to negotiate a Contract
on the basis of the proposed Key Experts. We accept that the substitution of Key
Experts for reasons other than those stated in ITC Clause 12 and ITC Clause 28.4 may
lead to the termination of Contract negotiations.

(g)

Our Proposal is binding upon us and subject to any modifications resulting from the
Contract negotiations.

We undertake, if our Proposal is accepted and the Contract is signed, to initiate the Services
related to the assignment no later than the date indicated in Clause 30.2 of the Data Sheet.
We understand that the Client is not bound to accept any Proposal that the Client receives.
We remain,
Yours sincerely,
Authorized Signature {In full and initials}:
Name and Title of Signatory:
Name of Consultant (companys name or JVs name):
In the capacity of:
Address:
Contact information (phone and e-mail):
{For a joint venture, either all members shall sign or only the lead member, in which case the
power of attorney to sign on behalf of all members shall be attached}

27 | P a g e

Section 3. Technical Proposal Standard Forms

FORM TECH-2 (FOR FULL TECHNICAL PROPOSAL ONLY)


CONSULTANTS ORGANIZATION AND EXPERIENCE
Form TECH-2: a brief description of the Consultants organization and an outline of the recent
experience of the Consultant that is most relevant to the assignment. In the case of a joint venture,
information on similar assignments shall be provided for each partner. For each assignment, the
outline should indicate the names of the Consultants Key Experts and Sub-consultants who
participated, the duration of the assignment, the contract amount (total and, if it was done in a form of
a joint venture or a sub-consultancy, the amount paid to the Consultant), and the Consultants
role/involvement.

A - Consultants Organization
1. Provide here a brief description of the background and organization of your company, and in case
of a joint venture of each member for this assignment.
2. Include organizational chart, a list of Board of Directors, and beneficial ownership

B - Consultants Experience
1. List only previous similar assignments successfully completed in the last 10 years.
2. List only those assignments for which the Consultant was legally contracted by the Client as a
company or was one of the joint venture partners. Assignments completed by the Consultants
individual experts working privately or through other consulting firms cannot be claimed as the
relevant experience of the Consultant, or that of the Consultants partners or sub-consultants, but can
be claimed by the Experts themselves in their CVs. The Consultant should be prepared to substantiate
the claimed experience by presenting copies of relevant documents and references if so requested by
the Client.
Duration

Assignment name/& brief


description of main
deliverables/outputs

{e.g.,
Jan.2009
Apr.2010}

{e.g., Improvement quality


of...............: designed master
plan for rationalization of
........; }
{e.g., Support to subnational government..... :
drafted secondary level
regulations on..............}

{e.g., JanMay 2008}

Name of Client &


Country of
Assignment

{e.g., Ministry of
......, country}

Approx. Contract
value (in US$
equivalent)/
Amount paid to
your firm
{e.g., US$1
mill/US$0.5 mill}

Role on the
Assignment

{e.g., Lead partner


in a JV A&B&C}

{e.g., municipality
of........., country}

{e.g., US$0.2
mil/US$0.2 mil}

{e.g., sole
Consultant}

28 | P a g e

Section 3. Technical Proposal Standard Forms

FORM TECH-3 (FOR FULL TECHNICAL PROPOSAL)


COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE, COUNTERPART
STAFF, AND FACILITIES TO BE PROVIDED BY THE CLIENT
Form TECH-3: comments and suggestions on the Terms of Reference that could improve the
quality/effectiveness of the assignment; and on requirements for counterpart staff and facilities, which are
provided by the Client, including: administrative support, office space, local transportation, equipment,
data, etc.

A - On the Terms of Reference


{Improvements to the Terms of Reference, if any}

B - On Counterpart Staff and Facilities


{Comments on counterpart staff and facilities to be provided by the Client. For example,
administrative support, office space, local transportation, equipment, data, background reports, etc., if
any}

29 | P a g e

Section 3. Technical Proposal Standard Forms

FORM TECH-4 (FOR FULL TECHNICAL PROPOSAL ONLY)


DESCRIPTION OF APPROACH, METHODOLOGY, AND WORK PLAN IN
RESPONDING TO THE TERMS OF REFERENCE
Form TECH-4: a description of the approach, methodology and work plan for performing the
assignment, including a detailed description of the proposed methodology and staffing for training, if
the Terms of Reference specify training as a specific component of the assignment.
{Suggested structure of your Technical Proposal (in FTP format):
a) Technical Approach and Methodology
b) Work Plan
c) Organization and Staffing}
a)

Technical Approach and Methodology. {Please explain your understanding of the objectives
of the assignment as outlined in the Terms of Reference (TORs), the technical approach, and
the methodology you would adopt for implementing the tasks to deliver the expected
output(s), and the degree of detail of such output. Please do not repeat/copy the TORs in
here.}

b)

Work Plan. {Please outline the plan for the implementation of the main activities/tasks of the
assignment, their content and duration, phasing and interrelations, milestones (including
interim approvals by the Client), and tentative delivery dates of the reports. The proposed
work plan should be consistent with the technical approach and methodology, showing your
understanding of the TOR and ability to translate them into a feasible working plan. A list of
the final documents (including reports) to be delivered as final output(s) should be included
here. The work plan should be consistent with the Work Schedule Form.}

c)

Organization and Staffing. {Please describe the structure and composition of your team,
including the list of the Key Experts, Non-Key Experts and relevant technical and
administrative support staff.}

30 | P a g e

Section 3 Technical Proposal Standard Forms

FORM TECH-5 (FOR FTP AND STP)


WORK SCHEDULE AND PLANNING FOR DELIVERABLES

Months

Deliverables 1 (D-..)
1

.....

TOTAL

D-1 {e.g., Deliverable #1: Report A


1) data collection
2) drafting
3) Inception report
4) incorporating comments
5) .........................................
6) delivery of final report to Client}
D-2 {e.g., Deliverable #2:...............}

1
2
3.

List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the Clients approvals. For phased
assignments, indicate the activities, delivery of reports, and benchmarks separately for each phase.
Duration of activities shall be indicated in a form of a bar chart.
Include a legend, if necessary, to help read the chart.

31 | P a g e

Section 3 Technical Proposal Standard Forms

FORM TECH-6 (FOR FTP AND STP)


TEAM COMPOSITION, ASSIGNMENT, AND KEY EXPERTS INPUTS

Name

Experts input (in person/month) per each Deliverable (listed in TECH-5)


Position

KEY EXPERTS
{e.g., Mr. Abbbb}
K-1

[Team
Leader]

D-1
[Home]
[Field]

[2 month]
[0.5 m]

D-2
[1.0]
[2.5]

D-3

........

D-...

Total time-input
(in Months)
Home

Field

Total

[1.0]
[0]

K-2
K-3
Subtotal
NON-KEY EXPERTS
N-1

[Home]
[Field]

N-2
n
Subtotal
Total
1
2
3

For Key Experts, the input should be indicated individually for the same positions as required under the Data Sheet ITC21.1.
Months are counted from the start of the assignment/mobilization. One (1) month equals twenty two (22) working (billable) days. One working (billable)
day shall be not less than eight (8) working (billable) hours.
Home means work in the office in the experts country of residence. Field work means work carried out in the Clients country or any other country
outside the experts country of residence.
Full time input
Part time input

32 | P a g e

Section 3 Technical Proposal Standard Forms

FORM TECH-6
(CONTINUED)
CURRICULUM VITAE (CV)
Position Title and No.
Name of Expert:
Date of Birth:
Country of Citizenship/Residence

{e.g., K-1, TEAM LEADER}


{Insert full name}
{day/month/year}

Education: {List college/university or other specialized education, giving names of educational


institutions, dates attended, degree(s)/diploma(s) obtained}
________________________________________________________________________
Employment record relevant to the assignment: {Starting with present position, list in reverse
order. Please provide dates, name of employing organization, titles of positions held, types of activities
performed and location of the assignment, and contact information of previous clients and employing
organization(s) who can be contacted for references. Past employment that is not relevant to the
assignment does not need to be included.}
Period

[e.g., May
2005present]

Employing organization and


your title/position. Contact info
for references
[e.g., Ministry of ,
advisor/consultant to

Country

Summary of activities
performed relevant to
the Assignment

For references: Tel/email; Mr. Hbbbbb, deputy


minister]

Membership in Professional Associations and Publications:


______________________________________________________________________
Language Skills (indicate only languages in which you can work): ______________
______________________________________________________________________

33 | P a g e

Section 3 Technical Proposal Standard Forms

Adequacy for the Assignment:


Detailed Tasks Assigned on Consultants
Team of Experts:

Reference to Prior Work/Assignments that


Best Illustrates Capability to Handle the
Assigned Tasks

{List all deliverables/tasks as in TECH- 5 in


which the Expert will be involved)

Experts contact information: (e-mail ., phone)


Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes
myself, my qualifications, and my experience, and I am available to undertake the assignment in case
of an award. I understand that any misstatement or misrepresentation described herein may lead to my
disqualification or dismissal by the Client, and/or sanctions by the Bank.
{day/month/year}
Name of Expert

Signature

Date

{day/month/year}
Name of authorized
Representative of the Consultant
(the same who signs the Proposal)

Signature

Date

34 | P a g e

Section 4. Financial Proposal - Standard Forms


{Notes to Consultant shown in brackets { } provide guidance to the Consultant to prepare the
Financial Proposals; they should not appear on the Financial Proposals to be submitted.}
Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal
according to the instructions provided in Section 2.
FIN-1

Financial Proposal Submission Form

FIN-2

Summary of Costs

FIN-3

Breakdown of Remuneration, including Appendix A Financial Negotiations - Breakdown


of Remuneration Rates in the case of QBS method

FIN-4

Reimbursable expenses

35 | P a g e

Section 4 Financial Proposal Standard Forms

FORM FIN-1
FINANCIAL PROPOSAL SUBMISSION FORM
{Location, Date}
To:

[Name and address of Client]

Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in
accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal.
Our attached Financial Proposal is for the amount of {Indicate the corresponding to the
amount(s) currency (ies)} {Insert amount(s) in words and figures}, [Insert including or
excluding] of all indirect local taxes in accordance with Clause 25.1 in the Data Sheet. The
estimated amount of local indirect taxes is {Insert currency} {Insert amount in words and figures}
which shall be confirmed or adjusted, if needed, during negotiations. {Please note that all amounts
shall be the same as in Form FIN-2}.
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 Clause 12.1 of the Data Sheet.
Commissions and gratuities paid or to be paid by us to an agent or any third party relating to
preparation or submission of this Proposal and Contract execution, paid if we are awarded the
Contract, are listed below:
Name and Address
of Agents

Amount and
Currency

Purpose of Commission
or Gratuity

{If no payments are made or promised, add the following statement: No commissions or gratuities
have been or are to be paid by us to agents or any third party relating to this Proposal and Contract
execution.}
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature {In full and initials}:
Name and Title of Signatory:
In the capacity of:
Address:
E-mail: _________________________

36 | P a g e

Section 4 Financial Proposal Standard Forms

{For a joint venture, either all members shall sign or only the lead member/consultant, in
which case the power of attorney to sign on behalf of all members shall be attached}

37 | P a g e

Section 4 Financial Proposal Standard Forms

FORM FIN-2 SUMMARY OF COSTS


Cost
{Consultant must state the proposed Costs in accordance with Clause 16.4 of the Data Sheet;
delete columns which are not used}

Item
{Insert Foreign
Currency # 1}

{Insert Foreign
Currency # 2, if
used}

{Insert Foreign
Currency # 3, if
used}

{Insert
Local Currency, if
used and/or required (16.4
Data Sheet}

Cost of the Financial Proposal


Including:
(1) Remuneration
(2) Reimbursables
Total Cost of the Financial Proposal:
{Should match the amount in Form FIN-1}
Indirect Local Tax Estimates to be discussed and finalized at the negotiations if the Contract is awarded
(i)

{insert type of tax. e.g., VAT or


sales tax}

(ii)

{e.g., income tax on non-resident


experts}

(iii)

{insert type of tax}

Total Estimate for Indirect Local Tax:

Footnote: Payments will be made in the currency(ies) expressed above (Reference to ITC 16.4).

38 | P a g e

Section 4 Financial Proposal Standard Forms

FORM FIN-3 BREAKDOWN OF REMUNERATION


When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for the
calculation of the Contracts ceiling amount; to calculate applicable taxes at contract negotiations; and, if needed, to establish payments to the
Consultant for possible additional services requested by the Client. This Form shall not be used as a basis for payments under Lump-Sum contracts
A. Remuneration
No.
Name

Position (as
in TECH-6)

Person-month
Remuneration
Rate

Time Input in
Person/Month
(from TECH-6)

{Currency
# 1- as in
FIN-2}

{Currency
# 2- as in
FIN-2}

{Currency# 3as in FIN-2}

{Local
Currencyas in FIN-2}

Key Expert
K-1

[Home]
[Field]

K-2

Non-Key Experts
N-1
N-2

[Home]
[Field]

Total Costs

39 | P a g e

Section 4 Financial Proposal Standard Forms

Appendix A. Financial Negotiations - Breakdown of Remuneration Rates


1. Review of Remuneration Rates
1.1. The remuneration rates are made up of salary or a base fee, social costs, overheads, profit, and
any premium or allowance that may be paid for assignments away from headquarters or a home
office. An attached Sample Form can be used to provide a breakdown of rates.
1.2. If the RFP requests submission of a technical proposal only, the Sample Form is used by the
selected Consultant to prepare for the negotiations of the Contract. If the RFP requests
submission of the financial proposal, the Sample Form shall be completed and attached to the
Financial Form-3. Agreed (at the negotiations) breakdown sheets shall form part of the
negotiated Contract and included in its Appendix D or C.
1.3. At the negotiations the firm shall be prepared to disclose its audited financial statements for the
last three years, to substantiate its rates, and accept that its proposed rates and other financial
matters are subject to scrutiny. The Client is charged with the custody of government funds and
is expected to exercise prudence in the expenditure of these funds.
1.4. Rate details are discussed below:
(i) Salary is the gross regular cash salary or fee paid to the individual in the firms home
office. It shall not contain any premium for work away from headquarters or bonus
(except where these are included by law or government regulations).
(ii) Bonuses are normally paid out of profits. To avoid double counting, any bonuses shall
not normally be included in the Salary and should be shown separately. Where the
Consultants accounting system is such that the percentages of social costs and overheads
are based on total revenue, including bonuses, those percentages shall be adjusted
downward accordingly. Where national policy requires that 13 months pay be given for
12 months work, the profit element need not be adjusted downward. Any discussions on
bonuses shall be supported by audited documentation, which shall be treated as
confidential.
(iii) Social Charges are the costs of non-monetary benefits and may include, inter alia, social
security (including pension, medical, and life insurance costs) and the cost of a paid sick
and/or annual leave. In this regard, a paid leave during public holidays or an annual leave
taken during an assignment if no Experts replacement has been provided is not
considered social charges.
(iv) Cost of Leave. The principles of calculating the cost of total days leave per annum as a
percentage of basic salary is normally calculated as follows:
Leave cost as percentage of salary =

total days leave x 100


[365 - w - ph - v - s]

Where w = weekends, ph = public holidays, v = vacation, and s = sick leave.

Please note that leave can be considered as a social cost only if the Client is not charged
for the leave taken.
(v) Overheads are the Consultants business costs that are not directly related to the
execution of the assignment and shall not be reimbursed as separate items under the
Contract. Typical items are home office costs (non-billable time, time of senior
Consultants staff monitoring the project, rent of headquarters office, support staff,
research, staff training, marketing, etc.), the cost of Consultants personnel not
currently employed on revenue-earning projects, taxes on business activities, and
business promotion costs. During negotiations, audited financial statements, certified

40 | P a g e

Section 4 Financial Proposal Standard Forms

as correct by an independent auditor and supporting the last three years overheads,
shall be available for discussion, together with detailed lists of items making up the
overheads and the percentage by which each relates to basic salary. The Client does
not accept an add-on margin for social charges, overhead expenses, etc. for Experts
who are not permanent employees of the Consultant. In such case, the Consultant
shall be entitled only to administrative costs and a fee on the monthly payments
charged for sub-contracted Experts.
(vi) Profit is normally based on the sum of the Salary, Social costs, and Overheads. If any
bonuses paid on a regular basis are listed, a corresponding reduction shall be made in
the profit amount. Profit shall not be allowed on travel or any other reimbursable
expenses.
(vii) Away from Home Office Allowance or Premium or Subsistence Allowances. Some
Consultants pay allowances to Experts working away from headquarters or outside of
the home office. Such allowances are calculated as a percentage of salary (or a fee)
and shall not draw overheads or profit. Sometimes, by law, such allowances may
draw social costs. In this case, the amount of this social cost shall still be shown
under social costs, with the net allowance shown separately.
UNDP standard rates for the particular country may be used as reference to determine
subsistence allowances.

41 | P a g e

Section 4 Financial Proposal Standard Forms

Sample Form

Consultant:
Assignment:

Country:
Date:
Consultants Representations Regarding Costs and Charges

We hereby confirm that:


(a)
the basic fees indicated in the attached table are taken from the firms payroll records and reflect
the current rates of the Experts listed which have not been raised other than within the normal annual pay
increase policy as applied to all the Consultants Experts;
(b)

attached are true copies of the latest pay slips of the Experts listed;

(c)
the away- from- home office allowances indicated below are those that the Consultant has agreed
to pay for this assignment to the Experts listed;
(d)
the factors listed in the attached table for social charges and overhead are based on the firms
average cost experiences for the latest three years as represented by the firms financial statements; and
(e)
said factors for overhead and social charges do not include any bonuses or other means of profitsharing.

[Name of Consultant]

Signature of Authorized Representative

Date

Name:
Title:

42 | P a g e

Section 4 Financial Proposal Standard Forms

Consultants Representations Regarding Costs and Charges


(Model Form I)
(Expressed in {insert name of currency*})
Personnel

Name

Position

Basic
Remuneration
Rate per
Working
Month/Day/Year

Social
1
Charges

Overhead1 Subtotal

Profit

Away from
Home Office
Allowance

Proposed Fixed
Rate per Working
Month/Day/Hour

Proposed Fixed
Rate per Working
1
Month/Day/Hour

Home Office

Clients Country

{* If more than one currency is used, use additional table(s), one for each currency}
1.
2.

Expressed as percentage of 1
Expressed as percentage of 4

43 | P a g e

Section 4 Financial Proposal Standard Forms

FORM FIN-4 BREAKDOWN OF REIMBURSABLE EXPENSES


When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for
calculation of the Contract ceiling amount, to calculate applicable taxes at contract negotiations and, if needed, to establish payments to the
Consultant for possible additional services requested by the Client. This form shall not be used as a basis for payments under Lump-Sum
contracts
B. Reimbursable Expenses
N

Type of Reimbursable
Expenses

Unit

{e.g., Per diem allowances**}

{Day}

{e.g., International flights}

{Ticket}

{e.g., In/out airport


transportation}
{e.g., Communication costs
between Insert place and Insert
place}
{ e.g., reproduction of reports}

Unit
Cost

Quantity

{Currency # 1as in FIN-2}

{Currency # 2as in FIN-2}

{Currency# 3as in FIN-2}

{Local
Currency- as in
FIN-2}

{Trip}

{e.g., Office rent}


....................................
{Training of the Clients
personnel if required in
TOR}
Total Costs

Legend:
Per diem allowance is paid for each night the expert is required by the Contract to be away from his/her usual place of residence. Client can
set up a ceiling.

44 | P a g e

Section 5. Eligible Countries


In reference to ITC6.3.2, for the information of shortlisted Consultants, at the present time firms,
goods and services from the following countries are excluded from this selection:
Under the ITC 6.3.2 (a): None
Under the ITC 6.3.2 (b): None

45 | P a g e

Section 6. Bank Policy Corrupt and Fraudulent Practices


(this Section 6 shall not be modified)
Guidelines for Selection and Employment of Consultants under IBRD Loans and IDA Credits &
Grants by World Bank Borrowers, dated January 2011:
Fraud and Corruption
1.23 It is the Banks policy to require that Borrowers (including beneficiaries of Bank loans),
consultants, and their agents (whether declared or not), sub-contractors, sub-consultants, service
providers, or suppliers, and any personnel thereof, observe the highest standard of ethics during the
selection and execution of Bank-financed contracts [footnote: In this context, any action taken by a
consultant or any of its personnel, or its agents, or its sub-consultants, sub-contractors, services
providers, suppliers, and/or their employees, to influence the selection process or contract execution
for undue advantage is improper.]. In pursuance of this policy, the Bank:
(a) defines, for the purposes 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 party1;
(ii) fraudulent practice is any act or omission, including misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to
avoid an obligation2;
(iii) collusive practices is an arrangement between two or more parties designed to achieve an
improper purpose, including to influence improperly the actions of another party3;
(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 improperly the actions of a
party4;
(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 corrupt, fraudulent, coercive, or collusive
practice; and/or threatening, harassing, or intimidating any party to prevent it from

For the purpose of this sub-paragraph, another party refers to a public official acting in relation to the selection process or
contract execution. In this context public official includes World Bank staff and employees of other organizations taking or
reviewing selection decisions.
2

For the purpose of this sub-paragraph, party refers to a public official; the terms benefit and obligation relate to the
selection process or contract execution; and the act or omission is intended to influence the selection process or contract
execution.
3

For the purpose of this sub-paragraph, parties refers to participants in the procurement or selection process (including
public officials) attempting either themselves, or through another person or entity not participating in the procurement or
selection process, to simulate competition or to establish prices at artificial, non-competitive levels, or are privy to each
others bid prices or other conditions.
4

For the purpose of this sub-paragraph, party refers to a participant in the selection process or contract execution.

47 | P a g e

Section 6. Bank Policy Corrupt and Fraudulent Practices

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 Banks inspection and audit
rights;
(b) will reject a proposal for award if it determines that the consultant recommended for award or any
of its personnel, or its agents, or its sub-consultants, sub-contractors, services providers, suppliers,
and/or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices in competing for the contract in question;
(c) will declare misprocurement and cancel the portion of the Loan allocated to a contract if it
determines at any time that representatives of the Borrower or of a recipient of any part of the
proceeds of the Loan were engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices during the selection process or the implementation of the contract in question, without
the Borrower having taken timely and appropriate action satisfactory to the Bank to address such
practices when they occur, including by failing to inform the Bank in a timely manner they knew
of the practices;
(d) will sanction a firm or an individual at any time, in accordance with prevailing Banks sanctions
procedures5, including by publicly declaring such firm or an ineligible, either indefinitely or for a
stated period of time: (i) to be awarded a Bank-financed contract, and (ii) to be a nominated6 subconsultant, supplier, or service provider of an otherwise eligible firm being awarded a Bankfinanced contract.

A firm or an individual may be declared ineligible to be awarded a Bank-financed contract upon (i) completion of the Banks sanctions
proceedings as per its sanctions procedures, including inter alia: cross-debarment as agreed with other International Financial Institutions,
including Multilateral Development Banks, and through the application of the World Bank Group corporate administrative procurement
sanctions procedures for fraud and corruption; and (ii) as a result of temporary suspension or early temporary suspension in connection with
an ongoing sanctions proceedings. See footnote 12 and paragraph 8 of Appendix 1 of these Guidelines.
6
A nominated sub-consultant, supplier, or service provider is one which has been either (i) included by the consultant in its proposal because
it brings specific and critical experience and know-how that are accounted for in the technical evaluation of the consultants proposal for the
particular services; or (ii) appointed by the Borrower.

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CONSULTING SERVICES FOR UNDERTAKING FEASIBILITY STUDY, DETAILED DESIGNS
AND TENDER DOCUMENTATION FOR THE SIO-SANGO IRRIGATION AND WATERSHED
MANAGEMENT PROJECT IN THE SIO-MALABA-MALAKISI RIVER BASIN
1. Background
The Nile Basin Initiative (NBI)/ Nile Equatorial Lakes Subsidiary Action Program (NELSAP) has received
grant financing through the Cooperation on International Waters for Africa (CIWA) Multi-Donor Trust Fund
towards preparation of investment projects, and intends to apply part of the grant proceeds to undertake
feasibility studies, detailed designs and tender documentation for Sio-Sango Irrigation Development and
Watershed Management Project in the Sio-Malaba-Malakisi Basin in Kenya. The project will focus on
developing viable multipurpose infrastructural and non-structural interventions for irrigation and livestock
development, water supply, hydropower generation, flood control, aquaculture, and catchment
improvement/enhancement in the project area. Preliminary identification studies and analytical work were
completed at the proposed dam site and it was prioritized for advancement by the Government of Kenya.
The Sio-Malaba-Malakisi River Basin Management Project is one of the three transboundary river basin
management projects implemented under the framework of NELSAP, the others being the Mara and Kagera
River Basin Management Projects. The Sio-Malaba-Malakisi basin is shared between Kenya and Uganda. The
objective of the Project is to establish a sustainable framework for the joint management of the water
resources of the Sio-Malaba-Malakisi river basin and prepare for sustainable development oriented
investments, in order to improve the living conditions of the people and to protect the environment. This is in
line with the wider NBI shared vision and the NELSAP objective of contributing towards reversal of
environmental degradation, poverty reduction as well as promotion of socio-economic development.
The proposed project falls within the NELSAP Policy Guidelines and country priorities7, is demand driven
and will contribute towards improvement in water, food and energy security and restoration of related subcatchments. The project will contribute towards Kenyas Vision 2030, National Irrigation and Storage Master
Plan. The project will also contribute towards achievement of development targets of the NEL MSIOA 8 in
areas of irrigation, hydropower, watershed management, etc. Key supporting policy and strategic frameworks
are attached as Appendix 1.
The proposed project will assess the potential and viability for multipurpose water resources development in
irrigated agriculture, hydropower generation, livestock development, water supply, flood control/protection,
drought mitigation, aquaculture, etc., coupled with restoration of the associated sub-catchments. The proposed
project area was identified and prioritized by the Government of Kenya as a key development area. The
proposed project will contribute to improved water availability through created storage, food security through
increased agricultural production, energy security through increased renewable hydropower generation,
reduction of environmental degradation and adaptation to climate change. Once implemented, it will directly
improve livelihoods of the communities, reduce poverty and boost local and regional economic development,
and contribute to climate resilient growth. The project is aligned to the national development priorities, the
2012-2016 NELSAP Strategic Plan (January 2012) and the NEL MSIOA, and will foster strategic regional
7

The Sio-Malaba-Malakisi country policies include Kenyas water policy and Ugandas 1999 water policy.
NEL MSIOA is a Multi-sectoral Investment Opportunity Analysis that was undertaken for the Nile Equatorial Lakes Region, which identified and
prioritized growth potentials and constraints in developing and managing the regions water resources. Through a regional water resources assessment,
review of sectoral, national and regional plans, and other assessments, it established development scenarios and optimal thresholds for viable
development of various WRD options, including irrigation and hydropower, within the NEL region. Its final outputs included a regional water
investment strategy to guide the future regional WRD developments.
8

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economic growth. The proposed project will thereafter be implemented and managed through national and
regional planning mechanisms, and will further reinforce the transboundary dimension in basin-wide water
resources planning and management.
The attributes of the prioritized project site is shown in the table below. The map showing the site location is
attached as Appendix 2.
Table 1: Attributes of the potential project
Scheme
Sio-Sango
(Kenya)

Project attributes and potential benefits


Proposed dam location: E 0668153, N
0056783
Catchment area of 43.8 km2
Potential reservoir capacity of 6.2
MCM
Dam height 18 m
1,790 ha of irrigation
Potable water supply to 20,000 people
by 2035

Remarks
The proposed Sio-Sango dam site is located on River Sio,
in Sio Sango village, Kabula Sub-location in Kabula
Location of Bumula District, Bungoma County in
Western Kenya. The site has a ground elevation of 1328
m.a.s.l. and lies 80 m downstream of two tributaries. The
river flows Northeast-Southwest, therefore the dam axis
will be aligned to the Northwest-Southeast direction. The
project has a potential dam height of 18 m. At present, the
production of food crops in the area is low. This is
because of poor crop husbandry and agricultural
production based on rain-fed conditions which is
susceptible to changes in rainfall patterns. Farmers in the
area practice limited small scale irrigation and thus the
need to invest in the development of multi-purpose
reservoirs to support large scale and sustainable irrigated
agriculture in the basin.

2. Objectives of the Assignment


The objective of the assignment is to prepare for implementation the Sio-Sango project through feasibility
studies, detailed designs and tender documentation. The first step in conducting the assignment shall be to
carry out feasibility studies and thereafter prepare detailed designs and tender documents (once the project is
confirmed as feasible). The final output will include feasibility study reports, detailed (final) designs and
tender documentation which will form the basis for investment finance mobilization and downstream project
implementation. The NCORE project, of which this contract is a part, adheres to international best practice.
Thus the consultant is required to adhere to international best practice, including NBI policies/guidelines,
World Bank safeguards as outlined in the NCORE ESMF, among others.
3. General Scope and methodology of the study
The feasibility studies will comprise analyses related to: water resources, watershed management, irrigation &
drainage infrastructure, topographic plans, headwork and hydraulic structure studies, geologic and
geotechnical investigations, agricultural command area development, drainage and flood study, dam design,
environmental analyses, social analysis, economic and financial analysis, and farmer organization and
management. Upon approval of the feasibility studies, detail designs & tender documents will be prepared.
The consultant shall define in due consultation with farmers as relevant the scope of the various project
options, assess the practicability of the development, and provide the basis for decision making on the choice
of the most desirable design option. The consultant shall define the benefits and costs, and determine financial
feasibility, economic justification and cost recovery.
In planning and scheduling of the tasks, the consultant should note that not all tasks will be conducted in
linear fashion and that several of the tasks need to be conducted in parallel and phased to enable information
and results to be shared and utilized in an integrated way to meet the objectives of the assignment. The
consultant will be required to provide any appropriate information collected in the course of carrying out this
assignment to the independent Environmental and Social Impact Assessment consultancy as will be requested
by the client.
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Task 1: Formulation of Project Plans and Layout Scenarios


Task 1-1: Data and information collection
The consultant should collect relevant studies, data and information, review pre-feasibility studies as well as
data from identification studies, for other hydraulic infrastructure projects planned under the Sio-MalabaMalakisi project, review reports from previous regional studies (like the irrigation potential assessment of the
NEL region), sector and country/regional strategies, as well as national and regional policies related to water
resources and agricultural development within the Sio-Malaba-Malakisi basin (refer to appendix 1). The
consultant should screen and synthesize the data and establish a project databank related to policies,
institutions, existing infrastructure, hydrology and meteorology, topography and maps, geology and
geotechnical (to reveal likely ground conditions, potential problems and highlight principal factors requiring
investigation), soils and materials, multipurpose aspects, agriculture, possible environmental (positive and
negative) and socio-economic conditions. The consultant should review the design report for hydrometeorological station network in the Sio Malaba Malakisi basin (2007) and propose a robust hydrometeorological data collection network for both the pre- and post-construction phases of the project scheme,
to enhance the better understanding and monitoring of the water flux in the catchment. The Consultant will
also carry out field reconnaissance missions to the upstream sub-catchments, the project areas as well as
downstream areas likely to be affected, to collect data and to identify the issues to be resolved.
Task 1-2: Socio-economic assessment
The purpose of this assessment is to provide an understanding of the socio-economic profile of potentially
affected communities, to enable project design to meet their development needs and mitigate negative
impacts. This assessment should serve both diagnostic monitoring and impact evaluation purposes that should
result into: (i) understanding of the areas social and economic history, socio-economic profile of the
communities and the social structure and institutions; (ii) understanding of the process of socio-economic
differentiation, impoverishment and wealth such as livestock, land etc.; (iii) understanding of the constraints
that inhibit livelihoods and livelihood development which can be potentially addressed by targeted water
resource development and watershed management interventions; and (iv) collection of statistically reliable
descriptive data on those parameters which the project intends to influence, such as health, gender, production
and household incomes at the baseline and project completion.
Task 1-3: Financial and institutional solutions
Considering the multi-purpose character of the proposed project, the Consultant should broadly assess the
possible financial and institutional solutions for the funding, ownership, operation and maintenance of the
dam and the associated irrigation and water supply infrastructure. Based on the demand for water services
recognized in previous studies (e.g. secure water for irrigation, domestic water supply, hydropower
production, etc.), the Consultant should identify the main institutions or stakeholders that have interest and
can take responsibility for the ownership, operation and maintenance of the proposed infrastructure. The
potential solutions for sustainable irrigation and water supply supported by the project should take its basis
from the conducted socio-economic assessment. Based on broad cost estimates for the investment and O&M,
the Consultant shall assess and identify possible scenarios of financing solutions, ranging from concessional
financing to private investment, or a combination of them. Fiscal barriers and risks for main institutions and
stakeholders should be identified. Based on a combination of demands as well as institutional and financial
alternatives and constraints, different scenarios for the prioritization of the multiple uses of the dams should
be suggested. Possible phased solutions should be considered as an alternative to mitigate barriers in upfront
capital-investments.

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Task 1-4: Formulation of project scenarios


The Consultant should, based on previous studies, broadly confirm the proposed project sites considering the
local conditions such as topography, geology, construction materials, available infrastructure and
environmental conditions. Based on the socio-economic assessment and the identification of financial and
institutional solutions, the Consultant should then formulate and present alternative project plans and
corresponding roadmaps for preparation, construction, commissioning, operation and maintenance. The
alternatives shall be presented to the Client and a priority of the alternatives should be decided, will be guided
by the detailed technical and financial assessment of the Feasibility Study. Recommendations should be
formulated to the Client to reach the financial and institutional solutions, which can be conducted in parallel
with the Feasibility Study and Detailed Design.
Task 2: Stakeholder Analysis
The Consultant should: (i) undertake a stakeholder analysis of the project area; (ii) carry out broad socioeconomic surveys using appropriate methodologies; (iii) carry out a broad analysis of gender issues; (iv)
profile the potential beneficiaries to be benefitted from the proposed irrigation development and watershed
management activities; (v) identify categories of vulnerable groups specific to impacts from the project and
activities that will adversely affect them; (vi) review land policy, land cadastre, land use and possible impacts
on land-based livelihoods, as well as potential land acquisition and likely scale of resettlement; and (vii)
recognize specific socio-economic, institutional and other constraints that can be potentially addressed in the
proposed project, (viii) identify possible barriers to project execution and completion, (ix) use the above
information to identify the project communication needs. The information obtained from the surveys will be
used as a basis for conducting a project socio-economic impact assessment. The outcomes of this task should
be adequate enough to be used in with project and without project scenario evaluations at feasibility level
economic and financial analysis.
Task 3: Water resources assessment and Sediment studies
Task 3-1: Assessment of water resources availability
The task objective is to assess the water resources availability to satisfy the estimated uses and demands, i.e.
for irrigation demand for each time segment with statistically significant degree of confidence as well as the
water requirements for auxiliary sectoral requirements which include small hydropower generation, water
supply, livestock, flood control, aquaculture/fish farming, environmental flows, etc. The Consultant shall: (i)
determine the current and potential future water uses and demands for the identified water uses at the project
area, together with their seasonality, levels of service and priority of use and cumulative effects; (ii) assess
and quantify any upstream water uses (abstractions/diversions) and their impacts to the proposed project; (iii)
assess both the surface- and groundwater potential and availability and examine potential for conjunctive use
of available surface and ground water resources in an environmentally sustainable manner; (iv) undertake
water quality assessment of the surface water; (iv) estimate optimal demands and their command areas to be
served for the various water uses with the available water resources, without adversely affecting more
downstream users. With respect to groundwater, the Consultant should also assess: (a) the future ground
water regime and behavior after the development of irrigation in the project area; (b) impacts on the ground
water table due to seepage and percolation and drainage from the irrigation canals; (c) drainage control,
groundwater table, and ground water quality control measures that need to be incorporated into the detailed
design of the project later. Based on the analysis the Consultant will estimate availability of water to meet the
irrigation water demand for each time segment at different levels of probability using appropriate and
standard hydrological analytical techniques.
Task 3-2: Hydrological Analysis
The Consultant shall: (i) undertake hydrological analyses such as rainfall-runoff modeling (using all the
available data from the existing gauging stations) to estimate reservoir yield, inflow design flood (refer to
international guidelines for Selecting and Accommodating Inflow Design Floods for Dams, e.g. FEMA P-94,
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August 2013), to facilitate the design and sizing of different hydraulic structures such as the reservoir,
spillway and outlet works; (ii) determine the flow duration curves to facilitate the design of the hydropower
components such as turbines, canals, penstock, etc.; (iii) adopt appropriate hydrological techniques (such as
modeling, etc.) to derive the required design flows and other hydrological information/statistics from the
nearest available gauging stations, rainfall records, etc. where sufficient hydro-meteorological data are not
available; (iv) assess the spatial and seasonal fluctuations of climatic variables on the hydrological
characteristics for the project (refer to the NELSAP climate guidelines and tools); (v) assess the effects of the
proposed storage on existing uses; and (vi) undertake flood routing through the downstream channel and
floodplain to enable evaluation of effects in the event of excessive spills or dam break (hydrological dam
safety considerations) and any potential riparian issues resulting from the project.
Task 3-3: Sediment Analysis
In view of the existing concerns of land degradation, erosion and sedimentation within the project areas, the
Consultant will assess the sediment regime and total sediment transport of the river system in the project area.
This will include determination of the sediment yield (estimates of sediment load should include projections
of changes in upstream sediment release, based on upstream development plans, additional sediment data
should be collected during the course of the consultancy, from the existing hydrological stations), forecasting
of dead storage volume and the future rate of reduction of the live storage and reservoir trap efficiency, which
will require limited sediment sampling to the extent possible. Other than design against the storage depletion
(reducing yield and flood attenuation capability), this analysis should also aid the subsequent design against
increased loads on the dam, abrasion of outlet structures (e.g. spillways) and mechanical equipment and
blockage of outlets which could cause interruption of benefits (e.g. irrigation releases) and reducing the ability
of the dam to pass floods safely (e.g. by blocking emergency outlet gates). Sediment load estimates should
include projections of changes in upstream sediment release, based on upstream development plans.
During the period of this study, the consultant will make monthly discharge and sediment sampling at an
appropriate location upstream the reservoir area for purposes of monitoring sediments loads and flows at the
site. The consultant will also install a temporary water level gauge and take records of the daily water levels
for the time of the study at the selected site. A good channel section should be selected for this purpose and
the consultant will consult the client on the selection of the appropriate monitoring site.
Task 3-4: Water Quality and Quantity Assessment
The Consultant will provide a detailed assessment and evaluation of the direct and indirect effects of water
quality/quantity change on downstream ecosystems dependent on periodic natural flooding (water logging),
water quality (soil salinization, irrigation return flows and ecological damage) during the low flow periods,
accretion due to changes in the sediment transport regime, social considerations (loss of water access,
livelihoods, etc.), cumulative effects and any potential riparian issues (in the river catchment and downstream
of the proposed irrigation schemes) due to the proposed developments (for notification of planned measures).

Task 3-5: Reservoir Studies and Operating rules


The Consultant will develop reservoir operating rules based on the assessment of multi-purpose benefits of
the storage. A reservoir simulation model should be developed to assess different combinations of
multipurpose uses and project scenarios so as to derive an optimum water allocation solution, and to calculate
the benefits in the economic analysis for each project scenario. The consultant will (i) define project
characteristics (tail water curve, storage-elevation curve, downstream flow requirements, range of expected
heads and discharge series, effect of sediment on live storage and the loss of energy generation over time) and
optimize energy output; (ii) prepare discharge series that represent the flow available for irrigation, power
production and other auxiliary uses, including definition of project operating criteria (operating constraints,
downstream channel capacity constraints, etc.); (iii) determine flow unavailable for generation (water
requirements as a result of competing demands, leakage and losses) and definite the duration curve (flowduration curves, head-duration curves). Specifically, the Consultant should determine: the optimum reservoir
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size and operational rules; efficient and economic uses of the reservoir; and the life of the reservoir based on
the assessment of multi-purpose benefits of the storage. The operating rules would maximize the returns on
investment in storage. The Consultant should consider the prioritized multipurpose uses of the reservoir and
environmental flows. The study should also explore the impact of climate change on the proposed projects
and its intended outcomes.
Task 4: Preparation of Topographical Surveys
This task aims to establish (i) the irrigation areas, (ii) the configuration of the dam site and reservoir area, (iii)
accessibility to dam site, (iv) accessibility to construction material sources, as a means towards confirmation
of dam type and appurtenant structures selection, and (v) influence on type, layout, and downstream
inundation in the selection of the spillway. The survey will also capture site features such as existing
infrastructure within the proposed project area (roads, buildings, bridges, power lines, etc.), etc.
Task 4-1: Survey of Irrigation Command Area
The Consultant should prepare: (i) 1:10,000 scale topographic maps of the projects with 5m contour intervals,
from high intensity satellite imagery and ground control, for use in planning of the command area
development; (ii) use these maps to evaluate the topographic features which would influence design of layout
of the irrigation scheme and locations of major hydraulic structures of the supply source(s), irrigation water
conveyance and distribution systems, and drainage systems; and (iii) demarcate possible physical locations
and boundaries of the primary parameters of the irrigation system layout, including layout of main irrigation
canals and drainage systems, location(s) of potential irrigation supply sources (e.g. dam, weir, river, etc.), and
drainage system layout.
Task 4-2: Survey of Dam site location and infrastructure for auxilliary use
The Consultant will carry out surveys to capture specific site features such as the proposed dam axis, spillway
area, energy dissipation area, reservoir extent, surface area-volume-depth relationship, river channel profiles9,
locations of proposed infrastructure for irrigation, hydropower, water supply, livestock, watershed
intervention areas, etc. Prospective borrow areas for dam and construction materials and aggregates shall be
mapped at a scale 1:2,000. The consultant shall survey cross-sections of the river and its floodplain within the
project area at intervals and locations deemed relevant for incorporation in the hydraulic model of the river (to
be specified in the technical proposals) for purpose of routing floods in the event of extreme spillway releases.
Topographic survey on the reservoir area extent shall be done to an appropriate scale with contour intervals of
1m up to an elevation of maximum water level +6m.
The consultant will study the existing location of the High Voltage Transmission line in the reservoir area for
Sio-Sango site and propose alternatives actions.
Task 4-3: Transmission Line alignment and Survey
The consultant will map and align the route of the transmission line from the project site to the substation.
The consultant will also undertake surveys for possible off takes to rural growth centers for rural
electrification, as part of area related local development. Based on this survey, plan-profile drawings will be
produced and used to spot structures. Information on the plan and profile should include alignment,
stationing, calculated courses, roads, streams, and swamps etc.
Task 4-4: Survey Output
The final output will be detailed project site maps of a scale equal or better than 1:1,000 with 0.5m contour
intervals (dam site) and scales of 1:500 to 1:200 as applicable with contour intervals of 0.25 m (at locations of
ancillary structures expected to cover about 0.5 km2), detailed Digital Terrain Model and high resolution
9

Cross sections of the river bed will be taken at regular intervals downstream of the dam, to provide adequate data for routing of floods
due to extreme spillway release

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orthophotos of the project areas. The dam cross-section of both vertical and horizontal shall be prepared at a
scale of 1:100 indicating the pertinent features to the headworks. All the required benchmarks and stations
shall be established using stable features and be properly connected with the national grid stations and
benchmarks of the proposed dam site and near the intake structures of the irrigation system. The number of
benchmarks will be proposed in the technical proposals. The method and results of topographic field surveys
and mapping shall be duly reported. The maps will be shared with the independent ESIA & RAP development
study.
Task 5: Irrigation Command Area Design
The objective of this task will be to prepare feasibility level designs for development of the irrigation
command area. Detailed activities under this task are given below:
Task 5-1: Irrigation Potential Assessment
The objective of this task is to evaluate and physically delineate the areas that can be potentially developed
for irrigated agriculture. It will build on the study (incl. GIS based databases) on Assessment of the Irrigation
Potential in Burundi, Eastern DR Congo, Kenya, Rwanda, Southern Sudan, Tanzania and Uganda. It will also
build on ongoing national investments in irrigation development in Kenya. The area which can potentially be
irrigated depends on the availability of soil and water, combined with the irrigation water requirements,
crops and cropping patterns that are feasible, and the local climatic factors. This task will thus include: (i)
evaluation of potential crops and cropping patterns; (ii) assessment of land suitability for irrigation; (iii)
evaluation of irrigation water requirements; and (iv) assessment of water resources availability and options for
developing water resources in the locality to meet the irrigation demand. Details of each of the sub-tasks are
as follows:
Task 5-1-1: Soil Survey Investigations and Land Suitability Studies
The Consultant should: (i) undertake a semi-detailed soil survey for the demarcated irrigable command area,
using appropriate sampling and observations in conformity with guidelines for soil surveys of Food and
Agriculture Organization (FAO); (ii) based on these surveys prepare soil maps on a scale up to 1:10,000; (iii)
collect and analyze soil samples required for the determination of standard physical and chemical properties
of the soils required for evaluation of irrigation water requirements and soil suitability for the proposed crops
as well as establish proper drainage modules for the project to affect the design of the drainage system for the
command area. For the latter, the Consultant should take appropriate measures to verify and ensure the quality
and reliability of laboratory test results. The Consultant should then: (i) develop a suitable land classification
system for assessment on suitability for irrigation and drainage within the proposed irrigation development
areas; (ii) critically evaluate and analyze findings of the topographic, soil surveys and land characteristics of
the proposed project areas; and (iii) identify and delineate irrigation blocks and areas in terms of suitability for
irrigated agriculture development.
Task 5-1-2 Evaluation of Crops, Cropping Patterns and Markets
The consultants should collect baseline information on the type of soils, topography, and land-use patterns;
analyze water-use patterns (rain-fed crops, irrigated crops, drainage, surface and groundwater extraction);
examine existing field-crop production and soil management practices, establish and delineate major cropping
pattern zones (considering types of irrigated crops grown, crop calendar and cropping intensity); propose
schedules of crops for consideration, estimate expected yields and crop water requirements for alternative
cropping programs, and examine the existing Agricultural Support Services. The assessment will cover: (i)
existing crops and cropping patterns that can be adopted in the proposed irrigation scheme, which will form a
basis for needed extension support to the project, (ii) the ownership structure of farms including consulting
the potential irrigation farmers; (iii) constraints on farm productivity; (iv) the market potential of the possible
crops within and around the project area; (v) the potential for increased competitiveness of its products
including an analysis of the comparative advantage of the project area; and (vi) availability of and
accessibility to input supplies, storage, technology, finance, markets (building on NELSAP study on Analysis
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of Cross-border Trade in Agricultural Products along Selected Corridors of the Nile Basin Region, December
2012) and transport and distribution networks. The consultant will also analyze the gender division of labour
in irrigated agricultural production for each socio-economic group, and identify the needs of both women and
men related to proposed agricultural activities. Based on the analysis, the Consultant should formulate the
cropping and irrigated agriculture development plans for the proposed schemes including the potential
distribution of land areas between the small scale individual farms and large scale commercial farms, identify
suitable and appropriate cropping patterns for each mode type, estimate farm level crop production volumes,
input and production costs, and gross and net returns, and generate incremental benefit estimations for use in
the feasibility level economic and financial analyses.
Task 5-1-3: Determination of Irrigation Water Requirements
The aim of this task is to evaluate irrigation water demand for the basic design parameters generated by task
5-1-2 above. The Consultant should: (i) collect all the existing available agro-meteorological data for the
project area required for estimation of crop water requirements and irrigation water requirements of the
scheme; (ii) verify the reliability and accuracy of data, and make corrections as necessary before use (In this
context, quality analysis of collected data and filling in of all missing data using appropriate standard
approaches and techniques is necessary); (iii) carry out Agro-climatological assessment where the
Consultant should : review available climatic data and make estimates of farm and project level irrigation
requirements for viable crops, cropping patterns and crop rotations and irrigation technologies to be adopted,
using all available agro-meteorological data for the project area; and (iv) deduce irrigation water requirements
at appropriate intervals to be proposed by the consultant for deciding the cropping pattern in order to compare
with water availability.
Task 5-3: Command Area Development
Prior to commencement of any design, design criteria should be approved by the Client. The scope for
command area development will include the following: (i) analysis of flood protection and drainage works
required to ensure sustained economic operation of the command areas; (ii) determination of access road
requirement both to and within the area; (iii) preparation of general layout plans showing the location and
principal features of main works required for the most suitable irrigation supply and drainage system. The
consultant should examine the reliability of water supply, considering the various future and existing water
uses and identify appropriate water conveyance system to supply/distribute water to all sites of the land to be
developed and recommend appropriate irrigation methods best suited for the command area. The consultant
should locate suitable irrigation water diversion sites and systems in the command area, storage or diversion
requirement and reservoir operations required for irrigation with due consideration of floods and , siltation in
the command area.
Task 5-4: Irrigation System Engineering Design
The consultant will prepare designs for major structural and hydraulic elements of the proposed irrigation and
drainage system, including, the water conveyance system, on-farm water distribution system, drainage canals
system, flood prevention and control considering both structural and hydraulic safety. The consultant should
take into consideration intensive labour engagement and use of local construction capability and materials
during the design as necessary. Monthly and annual diversion and farm requirements of water should be
estimated, on the basis of crop water requirements. The Consultant shall prepare the layouts and drawings of
the different project components using AUTOCAD software. The consultant will prepare a schedule of
quantities in line with Civil Engineering Standard Methods of Measurement (CESMM 4), for use in cost
estimates and the economic and financial analysis.

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Task 6: Dam Design


The detailed identification studies recommended the need for storage in order to support the irrigation
command area and various auxiliary uses. Based on the water demand, and resource availability, the
consultant will design the Sio-Sango dam. Details will include the following:
Task 6-1: Geological and Geotechnical Investigations
Geological investigations will be conducted to determine: (i) the general geologic and tectonic setting of the
site area by analysis of the lithology, stratigraphy, structural geology, and tectonic history (ii) the geologic
conditions related to selection of the dam site (rock type, overburden, fractures, bedding which have a strong
influence on the need for foundation treatment and costs); (iii) the characteristics of the foundation soils and
rocks; (iv) other geologic conditions (such as faults) that may influence design, construction, and long term
operation; (v) seismicity and earthquake intensity of the project area; and (vi) the sources of construction
material. The Consultant shall: identify and geo-reference crucial soil and rock features, establish the
engineering properties of rocks and soils, surficial deposits, and tectonic-structural patterns. The extent, depth,
and type of exploration will depend on the complexity of the geology and size and type of dam as
conceptualized by the consultant
Field Investigations will include but not limited to: (i) exploratory boreholes and trial pits (main tool for
investigation) for soil sampling and testing for engineering properties relevant for project design (permeability
tests in boreholes, to be undertaken following accepted norms); (ii) Foundation investigation of dam axis
including the spillway (incl. carrying out geophysical tests as needed, at selected intervals to obtain data on
stratification and groundwater), energy dissipation area, intake area, river diversion works during
construction, headrace tunnel, surge chamber, penstocks, power house site (caverns), substation, sources of
construction materials, and access to the site; (iii) assessment of uncertainties arising from interpretation of
geophysical results and their possible impacts on costs and site viability; (iv) preparation of geological
profiles for the dam foundation, abutments, reservoir rim area and potential project command areas, showing
all the geological structures in place and inducing the potential permeability and stability; (v) preparation of
geological map of the reservoir floor and rim, drawn to sufficient detail commensurate with the feasibility
level to permit identification and assessment of potential leakage paths; (vi) geo-reference possible sources of
construction materials, and carry out tests to assess their engineering properties; (vii) analysis of the tectonic/
seismic intensity of the area and recommend safety design measures (against sliding of dam slopes,
settlements, sliding of abutments, liquefaction of foundations, cracking of dam body, loss of filter zones).
Additional boreholes may be required to develop geologic correlations and to determine the type of dams
suitable for the site. The consultant could consider topping up selected boreholes with open type piezometers
for monitoring pore water pressure and permeability. Falling head tests should be performed in the central
part of the dam and packer tests in the abutment slopes, if the bedrock is found.
The final output of this task will be a Geotechnical Baseline Report (GBR). This will be a detailed report on
the project geology/geotechnical aspects, with engineering properties for further use in the hydraulic and
structural design of the dam. The report will also identify the additional information required to reach a
satisfactory presentation of the geotechnical assumptions at the base of the design during detailed design. The
GBR will be updated as additional information is made available from the investigation campaigns and
dedicated studies carried out during detailed design. All investigations need to be specified according to
international standards and criteria for hydroelectric dams such as those of FERC, USBR and ICOLD
investigation criteria, guidelines and manuals, with improvements as recommended by the consultant.
Task 6-2: Preliminary Engineering Design for the dams.
The consultant will advise on the most optimal location of the dam axis 5km of the identified Sio-Sango
dam (E 0668153, N 0056783).
The Consultant shall: (i) carry out structural and hydraulic designs of the various dam components including
foundations and abutments, dam structure, spillways, energy dissipating works, retaining walls, seepage
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control and internal drainage systems, river diversion works, intake, bottom outlet and gates, outlet works,
terminal works; electro-mechanical system and components, dam instrumentation considering both structural
and hydraulic safety (ii) prepare the layouts and drawings of the different project components using
acceptable CAD software; (iii) propose dam safety monitoring and management systems; and (iv) prepare a
schedule of quantities in line with Civil Engineering Standard Methods of Measurement (CESMM 4), for use
in cost estimates and the economic and financial analysis).
Task 6-2-1: Preliminary design for the new high voltage transmission line
The consultant, subject to the relevance of relocation of the existing high voltage power line, will develop
preliminary designs for the new high power transmission line, estimate the relevant land take, number of
households to be replaced and associated costs. The costs will be used in the sections below for financial and
economic analyses.
Task 6-3: Preparation of Outline O&M, Instrumentation and Emergency Preparedness Plan (EPP)
In line with the World Bank OP 4.37 on Dam Safety Plans, the consultant will prepare (i) an outline of the
Operation and Maintenance Plan; (ii) an outline of an Instrumentation Plan considering both structural and
hydraulic safety (plan for the installation of instruments to monitor and record dam behavior and the related
hydro-meteorological, structural, and seismic factors, rationale for the instrumentation should be thoroughly
documented); and (iii) an outline of the Emergency Preparedness Plan (specifying roles of responsible parties
when dam failure is considered imminent, or when expected operational flow release threatens downstream
life, property, or economic operations that depend on river flow levels).
Task 7: Infrastructure design for Small -Hydropower Development
The consultant will assess the potential and prepare designs for development of hydropower at the proposed
dam sites, taking advantage of the storage infrastructure for the irrigation scheme. The scope will include (i)
assessment of the supply and demand of electricity in and around the project area, potential service areas and
planned levels of service, and the viability of hydropower generation.
Task 7-1: Load-resource analysis
Analyse the historical power demand through a power market survey (incl. history and condition of
market, trends and growth rates of various consumer groups, tariff and tariff policy, other supply
options and their prices, etc.);
Undertake a load forecast (incl. source of forecast, anticipated variation of load, distribution by
geographical areas, scenarios and reserve requirements);
Prepare a resource forecast (description of with-project and without-project conditions, resource
projections, discussion of resource uncertainty);
Prepare a load-resource analysis for peak and average energy loads and resources (incl. identification
of dates when power may be needed and impact of alternative assumptions on need for and timing of
project); and
Determine the need for and the timing of the hydropower generation from the power plant (incl.
definition of the power system and comparison of projected loads with projected resources to
determine the type, amount, and scheduling of power, considering on- and off-grid options).
Task 7-2: Energy potential analysis
Determine the energy potential of the proposed site given the discharge series and other data
developed. Documentation should include but not limited to: the type of analysis (duration curve vs.
sequential routing method), model used as well as input assumptions (incl. alternative power
installations studied, turbine characteristics, hydraulic capacity, efficiency, head loss, channel routing
assumptions, generation requirements),

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Define power operation criteria including basis for selection (maximize firm energy vs. maximize
average energy vs. maximize dependable capacity, etc., base load vs. peaking, total energy potential
for the site, average annual energy, annual and peak demand months generation-duration curves.

Task 7-3: Preliminary design of power plant and transmission line interconnection
Identify a range of plant size and operating options for each developed dam alternative (dam heights,
reservoir capacities, project layouts, etc.) informed by the power system requirements and
marketability considerations, and select a range of options (operating modes, alternative methods for
firming up peaking capacity, etc.);
Analyse physical constraints (e.g. limitations on pondage available for shaping flow to follow demand
pattern, etc.), and environmental and non-power operating constraints (e.g. storage releases for water
supply, irrigation, flood control regulation, minimum discharges for water quality and fish, etc.);
Determine the dependable capacity and compute energy benefits for each developed dam alternative
and on the basis of net benefit analysis select the best plant size;
Establish dimensions and prepare the main and auxiliary plant equipment and performance
specifications for complete out fitting of the power plant;
Prepare feasibility level designs, preliminary performance specifications of the power plant features
including: civil works related to the power plant, the hydro-mechanical, electro-mechanical works.
Undertake preliminary design of the transmission system for evacuation of electricity produced by the
power plant into the market, including connection to the national grid. This will include: confirmation
of design data (including but not limited to the transmission voltage, levelised current value,
amortized life (40-50 yrs), location of transmission line corridor, field effects of the transmission lines
and environmental constraints) followed by conductor selection, consideration of wind loading,
maximum tension determination, transmission towers, insulators, ruling span determination, spotting
towers and magnetic effects. The study shall include an assessment of the reinforcement needs with
the existing grid and suggest the corresponding measures to be implemented and correlated cost.
Prepare technical layouts and drawings of the proposed power plant (including intakes, headrace and
tailrace canals, penstocks, powerhouse, etc.) and transmission line infrastructure including whether
the system would be off-grid/connected to the national grid using Computer Aided Design Software.
Prepare a schedule of quantities and cost estimates for the hydro-mechanical, electro mechanical and
transmission works, for input into economic and financial analysis
Task 8: Infrastructure Design for Auxiliary Water Resources use
The consultant shall assess the potential and undertake feasibility level designs of measures for auxiliary uses
like livestock development, small scale hydropower, water supply, rural development infrastructure etc. These
shall be done taking into consideration development plans and priorities of Kenya, or any other riparian issues
that may arise because of the project. The Consultant will also incorporate technical, environmental and
socio-economic aspects, in order to guarantee the sustainable use of the available resources. The detailed tasks
will include:
Task 8-1: Infrastructure Design for Livestock Watering
The aim is to examine and recommend possible options at feasibility level, for investments in improving
productivity of livestock in the project area, to supplement incomes of the farmers. The Consultant should: (i)
carry out a livestock resource assessment to determine the existing production levels, carrying capacities with
respect to the available water and land resources, and also consult with potential livestock keepers/ herdsmen
in the area; (ii) assess current livestock physical infrastructure in the project areas; (iii) assess the likely
impacts on the livestock production after implementation of the identified multipurpose project; (iv)
recommend complementary investments that can improve livestock productivity including but not limited to,
access to watering points, land and paths zoned for livestock and possibilities for the adoption of cropping
patterns that have a significant amount of good quality residue for animal feed; (v) determine the water
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requirements for livestock development; and (vi) propose and outline measures, including cost estimates,
which can be taken to develop livestock at each project area, to the extent that livestock can benefit from the
proposed multipurpose projects; (viii) ) prepare preliminary designs and layouts for bulk transmission to the
extent that livestock watering can benefit from the proposed irrigation development and watershed project.
Task 8-3: Infrastructure Design for Water Supply Development
This sub-task will determine the potential for development or expansion of water supply for domestic,
municipal and industrial uses, at and around the project area. The Consultant will: (i) establish the current
levels of access to water for domestic, municipal, industrial use, etc.; (ii) assess the functionality or service
level of any existing water supply systems or water sources; (iii) prepare feasibility level designs and layouts
for bulk transmission to the extent that water supply can benefit from the irrigation development and
watershed project.
Task 8-4: Design for Flood Mitigation Developments
The task objective is to assess the risk of flooding in the project area, potential damages from future flooding
to the proposed project infrastructure, to irrigation and drainage system, hydraulic structures, and crops. The
Consultant should: (i) collect all information available in records and with local communities on the history of
flooding, severity and damage caused by floods in the project areas; (ii) analyze hydro-meteorological records
to assess the risk of flooding in the project areas with project situation; (iii) evaluate the flood risk in upstream
areas consequent to new water storage facilities; (iv) identify major structural and non-structural measures to
prevent adverse impacts to communities, irrigation system infrastructure and crops in the project area; and (v)
prepare feasibility level measures, layouts and cost estimates which can be taken to avert floods under the
planned irrigation/drainage and watershed development project.
Task 9: Formulation of Upstream Sustainable Land Management Actions
The task objective is to take stock of the baseline status of the watersheds in the project areas and identify
major interventions required to improve, protect and maintain the watershed in a healthy and sustainable
manner, in order to address sedimentation risks related to future depletion of storage (reducing yield and flood
attenuation capability); abrasion of outlet structures and mechanical equipment and increment of loads on the
dam) in order to sustain the proposed infrastructure. The Consultant should build on previous work
undertaken under the Sio-Malaba-Malakisi Integrated Watershed Management Feasibility Study (2012), to:
(i) delineate the Sio-Sango and watersheds using GIS or other techniques; (ii) undertake a quick assessment
of the current status of the watersheds based on an appropriate sample sub-catchment; (iii) consult the people
living in the sample sub-catchment to understand their level of dependence on the resources of the
watersheds; (iv) delineate suitable soil, water and sustainable land conservation measures required to enhance
the integrity and productive capacity of the watersheds; and (v) undertake preliminary designs of proposed
watershed improvement measures in the upstream watersheds to reduce erosion and sediment ingress into the
reservoirs, which would consequently improve water yields and reduce on the rate of loss of storage.
Task 10: Environmental and Social Impact Assessment (ESIA)
The Consultant will analyse the environmental and social aspects including land acquisition and resettlement
sensitivities in each project area and, through the consideration of alternate project designs, develop project
proposals that avoid or minimize potential adverse environmental impacts. Specifically, the consultant should:
(i) assess environmental and social impacts that could make the project non-feasible or financeable, or result
in costs likely to exceed the intended benefits when mitigation is taken into account; (ii) estimate the extent of
resettlement and land and asset acquisition that would be associated with the project, and develop a
preliminary concept of a development program for the area; (iii) examine design alternatives such as changes
in dam location, alignment, height, reservoir size, access road alignment, material sources (borrow areas), etc.
and make comparison of such alternatives, in technical, economic, social and environmental terms, so that the
best recommendations are passed on to the team members working on the engineering aspects for
incorporation in the project designs. The assessments will be guided by the national environmental including
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land acquisition and resettlement related legislation, NELSAP preliminary Environmental and Social
Management Framework and NELSAP Environmental and Social Guidelines, the ESMF for the Nile
Cooperation for Results (NCORE) project, as well as World Bank safeguards. The depth of the assessment
will be sufficient to adequately inform the development of alternate project designs, the selection and
justification of the preferred alternative. Project alternatives that substantially convert or degrade important
natural habitats should not be considered unless they include equivalent habitat restoration and maintenance
within the project area or elsewhere. Design features to avoid adverse impacts, minimize land acquisition and
involuntary resettlement, or enhance environmental/natural resource services are to be clearly noted in the
description of preferred project alternatives, with suitable maps. Acceptability of the final project design will
depend not only on its technical and financial feasibility, but also on its environmental and social suitability,
including transboundary considerations.
Under a separate contract, an independent ESIA and Resettlement Action Plan will be prepared for the
projects as will be described in the final feasibility report. Thus, as part of that report, the Consultant should
provide documentation of the environmental and social information and analyses used to design the project,
of the measures included to avoid or minimize adverse impacts, and of project plans to manage adverse
impacts. The consultant shall collaborate closely (through liaison and regular meetings) with and provide
support to the firm hired to conduct the ESIA, for the assessment of potential impacts and design of
mitigation measures. Collaboration between the consultants will also focus on costing key items from the
EMP for inclusion in the project costing. Other areas of collaboration/exchange of information will be
determined from time to time, in order to enhance the quality of the study outputs.
Task 11: Institutional Assessment
The objective of this Task is to design institutional arrangements for the proposed project. The consultant will
assess institutional constraints and opportunities for efficient management of irrigated agricultural production
in the project area. This will cover (i) assessment of the institutional capacity of local agencies supporting
agriculture and delivering irrigation services; (ii) assessment at the field level of the importance of and access
to local groups and institutions for different socio-economic groups for both women and men; (iii) assessment
of private sector involvement in the agriculture sector (particularly in rural finance, input supply, machine
leasing, output storage, agro-processing, and marketing, including the role of cooperatives and farmers
associations); and (iv) likely implementation and operation arrangements for the potential project(s) including
potential for Public-Private-Partnerships (PPP). The consultant will explore opportunities for various social
groups (women and men), to participate in decision making processes. The institutional analysis will define
the linkages with the current institutional set-up of the transboundary water management and recommend
implementation arrangements.
Task 12: Confirmation of project layout and preliminary design report
The consultant will based on the preceding tasks confirm the project layout, which will include (i) updating
and revision of planning parameters; (ii) evaluation of layout alternatives clearly indicating the assumptions
used; (iii) preparation of the final desk project layouts (including main project components, irrigation and
drainage command area, hydropower infrastructure, dam axis location and alignment, dam type,
configuration, cross-sections, intakes and waterways, river transfer, diversion, regulation works, etc.).
Following confirmation of the project layout, the consultant should prepare a preliminary engineering design
report and optimize the layout of their main components.
Task 13: Construction Plan and Implementation Scheduling
The Consultant shall establish construction schedules for the implementation of the dam, irrigation and
drainage system. Apart from the construction items of the earthworks and concrete works for the main
structures these schedules shall include mobilisation, construction of access roads as well as routes to borrow
areas, mapping and information on quantity and quality of borrow areas, establishment of the construction
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camp, provision of housing and transport facilities for supervising staff, construction packaging, work
methods and preliminary labour force requirements. In the schedules the Critical Path Method shall be
applied. Based on this the disbursement schedule of the project main components will be estimated as an
input for the financial and economic analysis.
Task 14: Preparation of cost estimates and benefits
The consultant shall identify and value the costs and benefits that will arise with the proposed project for
purposes of comparison with the situation as it would be without the project and determining the incremental
net benefit arising from the project investment. This will involve preparation of financial cost estimates, for
the various project options and components with expenditure schedules for capital costs, replacement costs,
operation and maintenance, management costs, etc. for all activities and services. A summary of the financial
and economic cost estimates should be provided in a tabular form and appropriately classified and discussed.
All cost estimates must show the foreign and local currency requirements; taxes, subsidies should be
identified and their implications analyzed; physical and price contingency allowances should be quantified
appropriately for each component/activity of the projects. The consultant should prepare estimates of project
benefits, which should include: direct/indirect benefits, tangible benefits (arising either from an increased
value of production or from reduced costs), intangible benefits (such as new job opportunities, improved
access to rural water supply, through availability of storage etc.). The consultant will also estimate secondary
benefits created or costs incurred outside the project (using shadow pricing techniques/non market valuation),
so that they can be attributed to the project investment, in the economic analysis. Residual values must be
calculated. Specifically for the storage reservoir, the consultant will identify multi-purpose benefits deriving
from upstream storage. They will propose a number of scenarios that differ in terms of the use of the stored
water (irrigation, flood management, hydropower generation, water supply, etc.) and that maximize the
returns on investment in storage. Scenarios should include sensitivity tests involving climate change
scenarios.
Task 15: Economic and Financial Analysis
The consultant shall prepare detailed financial cost estimates, for the various project options and components
with expenditure schedules for capital costs, replacement costs, operation and maintenance, management
costs, etc. for all activities and services. The analyses will include the cost of relocation of the high voltage
power line in the event that the activity has been found relevant. A summary of the financial and economic
cost estimates should be provided in a tabular form and appropriately classified and discussed.
The Consultant shall: (i) compile and tabulate estimated incremental direct agro-economic financial benefit
streams, prepared using constant prices (or suitably applied price projections if warranted) and appropriate
assumptions; estimate likely build-up of agricultural production volumes over the years following the initial
investments and likely future agricultural production trends in a without-project situation (ii) undertake
project economic and financial analysis using standard techniques (for the irrigated agriculture as well as
other identified uses). This should include determination of the financial and economic viability of the project,
by carrying out analyses to determine the net present value (NPV), cost benefit analysis (CBA; B/C ratio),
Net benefit investment ratio (N/K) and financial and economic internal rates of return (FIRR, EIRR),
including different discount rates While undertaking the computations, the consultant should clearly list what
assumptions are made and which key developments are needed to reach FIRR and EIRR. The Consultant
should also perform sensitivity analysis on important parameters (including calculation of switching values)
to check their impact on the financial and economic viability. The key information for the project shall be
presented in tabular format together with key environmental and social information. The Consultant should
also provide documented analysis in Excel spreadsheets and based on this analysis make final
recommendations on the way forward.
Task 16: Feasibility Study Report
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The Consultant will prepare a separate feasibility study report for each project, which shall document the
feasibility study investigations carried out findings and information. The reports shall contain firm statements
on the technical, economic/financial and environmental and social sustainability, and recommendations on
project suitability and outlook, if necessary through a multi-criteria analysis. The reports shall include concise
executive summaries to make the report more accessible to the public. The Geotechnical Baseline Report
shall be appended in a separate volume of the feasibility studies. This volume will aim at evidencing that the
amount of investigation carried out brings a sufficient understanding of the site conditions to finalize the
project layout and cost estimate with an acceptable level of contingencies at feasibility level. The Feasibility
Report will form a decision point by NELSAP on whether to advance the studies to the detailed design stage,
in case viable options have been identified, or terminate the studies in case all options are non-feasible. In the
former, the Consultant in consultation with the Client and stakeholders shall agree on the best design
alternatives/layouts, for which detailed designs shall subsequently be prepared.
Task 17: Final Design & Tender Document Preparations
For the selected and agreed design alternatives/layouts, the Consultant shall prepare detailed final designs and
tender documentation. The design report should include assumptions, analyses, conclusions and
recommendations for the detailed designs of each project, as well as calculations and justification of the
methods used for design, detailed organizational charts and schedules for implementation, drawings, bill of
quantities, contract specifications, contract packages etc. Relevant annexure including the Geotechnical
baseline report (described under the feasibility study) should be included. Detailed tasks include the following
listed below.
Task 17-1: Detailed Topographic Surveys
The Consultant should: (i) Undertake detailed surveying works both at the dam sites, irrigable area and sites
of collection of local materials and prepare a topographic map of the schemes area to scale (ii) prepare a
topographic map of the dams at a scale not more than 1:500 and at a contour interval of not more than 0.5m,
showing all the features upstream and downstream, right and left of the proposed site, including observation
pits and material source areas; (iii) prepare dam site cross-sections at vertical and horizontal scales of 1:200
indicating pertinent features to the head works; (iv) prepare topographic map of the irrigation command area
at a longitudinal scale of not more than 1:1,000 at a contour interval of not more than 1m for steep areas and
not more than 0.5m for plain and undulating areas: the topographic map should also show major features in
the irrigable area, i.e. including canals, water fetching points, settlements, cattle crossings, hills, etc.; (v)
establish benchmarks and connect them to national grid stations and benchmarks of the proposed head works;
(vi) prepare longitudinal profiles of the main, secondary and tertiary canals, main and secondary drain, at a
scale of vertical 1:100 and horizontal 1:500. Grid survey of the irrigation plots at the recommended and
specified grid interval whenever as required for land leveling work. The structures shall be presented on
appropriate design drawings. The structures shall include but not be limited to access roads, foundation
excavation and treatment works, embankment zoning, dam instrumentation, concrete outlines and placement
details, reinforcement details, construction and expansion joint details, blockouts for mechanical installations
and second stage concrete.
Task 17-2: Detailed Geological and geotechnical considerations
Building on the Geotechnical baseline Report (GBR), the consultant shall update data series and if necessary
additional/complimentary geological/geotechnical investigations (mainly with boreholes) shall be carried out
to facilitate a responsible decision for fine tuning purposes during the final design. Further investigations
will be carried out into the sources of construction materials and concrete aggregates. The suitability of the
dam fill materials shall be tested for compaction and permeability. Aggregates shall be tested on the
likelihood of developing Alkali Aggregate Reactions when applied to concrete structures.

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Task 17-3: Dam Design


The Consultant should prepare (i) detailed structural and hydraulic designs for the dam site, spillway, intakes,
bottom outlet, gates, energy dissipating mechanisms and other appurtenant structures with respect to
maximum flood estimates and maximum scour depth with consideration of both structural and hydraulic
safety; (ii) carry out detailed structural and hydraulic designs for the diversion structures with respect to
maximum flood estimates keeping the geologic and geotechnical information into consideration; and (iii)
update the cost estimates. The consultant will also prepare operating, maintenance and surveillance manuals
(including rule curves) for outlet structures, for flood control, power and environmental releases.
Task 17-4: Detailed Irrigation System Design
The irrigation & drainage design shall ensure reliability, equity and flexibility of water delivery to farmers.
The Consultant will: (i) carry out detailed design and layout of the irrigation and drainage system and the
associated hydraulic structures considering the total demand, economy and base flow availability. The designs
will be compatible with the local management system conditions and/or capability and should include canals,
drain night storages (if any) and road alignments, canal spacing, canal lengths, location of structures, and
water profiles along canals and drains at specified reaches, which is most economical, easily manageable and
aligned with topographic features and geological investigations; due attention should be given to the
possibilities of crossing irrigation and drainage canals by human and livestock movements 10; (ii) establish
flood protection requirements for the command area and design the respective drainage system accordingly;
(iii) design the canal-lining requirements using the inputs from the engineering geology assessments; (iv)
prepare general plans and drawings for the dam site and all irrigation & drainage infrastructure; (v) design
access roads, which will give easy access to all the irrigation blocks; (vi) Prepare specifications and priced bill
of quantities and construction schedules accordingly; (vii) prepare operating and maintenance manual
(including rule curves) for irrigation release outlet structures (gates). The work items and construction
schedules will be presented to the Client and other stakeholders, for discussion and approval.
Task 17-5: Power System Design
The consultant will (i) Prepare final power plant designs, performance specifications of the power plant
features including: civil works related to the power plant, the hydro-mechanical, electro mechanical and
transmission works to evacuate electricity produced into the market; (ii) Prepare layouts of the proposed
power plant infrastructure (including intakes, headrace and tailrace canals, penstocks, powerhouse, etc.),
using Computer Aided Design Software; (iii) prepare detailed designs and specifications (incl. conductors,
cables, insulators, hardware, accessories, transmission towers and construction specifications) for the
transmission line to evacuate electricity produced into the market; and (iv) Prepare a schedule of quantities
and cost estimates for the hydro-mechanical, electro mechanical and transmission works. The work items and
construction schedules will be presented to the Client and other stakeholders, for discussion and approval.
Task 17-6: Preparation of Draft Operation and Maintenance and Emergency preparedness plan)11
Building on task 6-3 and with reference to World Bank OP 4.37 on dam safety, the consultant will prepare the
following broad framework plans (an estimate of funds needed to prepare the final detailed plan by the
implementing firm will be made).
(i)
A draft Operation & Maintenance (O&M) Plan (containing: General Information; Salient Project
Features; Operation Guidelines and Procedures; Monitoring Programme; Safety Inspections; Directory
of Drawings, Records, Suppliers and Vendor Manuals and Appendices).
(ii) A draft Instrumentation Plan.

10

The consultant will, in consultation with the client, the ESIA consultants and local community leaders, select the locations of such crossings.

11

The final O&M Plan will be completed during project implementation (not less than six months prior to the initial filling) of the
reservoir and should contain specific information on the electrical and mechanical equipment, and instrumentation installed, spares etc.
The Final EPP on the other hand should be prepared not later than one year prior to the initial filling of the reservoir

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(iii)

A draft Emergency Preparedness Plan (containing (i) issues of organization, communication,


procedure for evacuation, local facilities, etc. and (ii) Dam break analysis, Inundation map, emergency
warning system and plan, safety equipment, warning levels and response matrix for different
deficiency levels and other information specific to the reservoir).

Task 17-7: Tender Documents Preparation


Under this sub-task, the Consultant will: (i) Prepare tender documents for various contracts of land
development, construction works of the dam, irrigation and drainage system, roads, and other infrastructure;
(ii) Prepare tender document for the machinery and equipment. The bidding documents should follow World
Bank standard documents.
4. Methodology and Standards and Design Criteria
The Consultant will be expected to employ the most effective methodology and standards to achieve results
with optimal national stakeholder involvement. In addition the Consultant will be expected to: (i) collect most
data from review and analysis of existing secondary sources of information such as assessment reports and
various other regional and relevant global publications; (ii) prepare clear, concise and focused reports; and
(iii) ensure reports are delivered in time as per the agreement. International standards (example
British/American/French Standards) shall be used for the feasibility studies, and their application shall be
appropriately referenced. Examples of International design criteria to be referenced includes: ICOLD dam
design criteria shall be used to guide the definition of design floods, Selection of design flood: FEMA 2013;
Loading, loading combinations, factors of safety (USBR Design of Small Dams); Sediment Management
(RESCON 2003) and Seismic design parameters (Seismic Design Considerations for East Africa by Z.
Lubkowski, K. Coates, M. Villani, N. Jirouskova and M. Willis).
5. List of Reports, Schedule of Deliveries, and Period of Performance
The Consultant will produce the following reports and attend the related meetings. In addition, electronic
copies of background materials and drawings should be submitted as part of the reporting.
Report
An Inception
Report
(Month 2)

Interim Report
(Month 7)

Draft
Feasibility
Report
(Month 10)

Final
Feasibility
Report

Description
Contains the updated work plan, state of mobilization, refined work methodology
and understanding of assignment, specify submission dates for each of the
required technical reports in draft form, issues identified for Clients attention,
proposed content and structure of the various reports. The proposed project
schedule shall be broken down by tasks and sub-tasks and presented in Gantt
chart form. A meeting will be held after month 2 to review and approve the
report.
The report will contain progress made, including details of the project area, links
with existing institutions, lessons from similar projects, an assessment of
constraints and opportunities, preliminary results from field investigations and
surveys, socio-economic and environmental survey findings, geotechnical
baseline report, preliminary findings of the various water use/water demand
assessments, and relevant annexes. A meeting will be held at Month 7 to review
the report.
Covering Feasibility study of the selected design alternatives. It will contain a
complete technical description of the recommended schemes, including
justification, analysis, computation, drawings, figures and maps as well as
detailed reports on all subjects treated in the scope of the study, such as social
and environmental impacts of the project. A review meeting will be held in
month 10 to discuss this report and will form a decision point on viability of the
projects.
Covering Feasibility study of the selected design alternatives (incorporating
Clients comments).

No of Copies
5 to NELSAP
CU and on
memory stick

5 to NELSAP
CU and on
memory stick

Submission
by electronic
mail

5 to NELSAP
CU

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Section 6. Bank Policy Corrupt and Fraudulent Practices

Report
(Month 12)
Draft Detailed
Design Report
(Month 15)

Final Detailed
Design Report
(Month 18)
Monthly
progress
reports 1st
week of every
month

Description

No of Copies

Details will include detail design report for the agreed Engineering works (dam/
head works, irrigation infrastructure, hydropower infrastructure, livestock
watering and municipal water supply abstractions, system layout and farm and
access roads); Tender documents and Design report and Construction drawings.
A review meeting will be held after month 16 to discuss this report.
Covering Detailed design study of the selected design alternatives (incorporating
stakeholders comments).

5 to NELSAP
CU and on
memory stick

1-2 pg maximum comprising a narrative and bar charts or other graphic


presentation, showing details of the Consultants progress, changes in the
assignment schedule, impediments and proposed remedies will be submitted on a
monthly basis. Reports should include a financial summary, indicating amounts
invoiced, amounts disbursed, and any other pertinent financial details.

Submission
by electronic
mail

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Section 6. Bank Policy Corrupt and Fraudulent Practices

6. Data and Services to be Provided by the Client


Data and documentation on hydrological, meteorological, water quality and other relevant aspects of the SioMalaba-Malakisi basin which the project may have will be availed to the consultant; however, the consultant
has the ultimate responsibility for collecting all the required data and documentation which cannot be made
available by the project from official sources. The Client will: (i) Facilitate in establishing communication
with the relevant institutions, (ii) Liaise and assist the consultant in obtaining any other information and
documents required from other government agencies in the Sio-Malaba-Malakisi countries and which the
Client considers essential for conducting of the assignment, (iii) Provide assistance to obtain work permits for
staff of the Consultant, (iv) Provide assistance in obtaining Customs and Tax Exemptions as detailed in
Special Conditions of the Consultancy Agreement and General Conditions of Service, (v) Arrange
consultative meetings and ensure linkage with relevant regional authorities. The Consultant shall operate their
own project office and shall bear all accommodation, local transportation, visas, and other costs necessary to
carry out the assignment.
7. Qualification of the Consultant
The study team should comprise experienced professionals, and include national /regional consultants as
necessary to ensure study relevance and effectiveness in light of prevailing local conditions. The team should
reflect an appropriate mix of disciplines, education, skills and experience, an understanding of underlying
development issues, and regional experience. The team should be made up of specialists each with a
postgraduate degree in the relevant discipline and at least 10 years of experience in undertaking studies
related to irrigation development and watershed management. The areas of expertise required include:
irrigation engineering and agriculture development, watershed management, rural development,
civil/infrastructure/hydraulic engineering, hydrology, financial and economic analysis, geotechnical
engineering, institutional analysis and environmental and social impact assessment. The Consultant may
optimize their personnel to demonstrate the competences required for the assignment. The qualifications of
the key experts are as follows:
Position
Dam Design/
Engineer (TL)

Civil

Irrigation and Drainage


Specialist
Hydropower Engineer

Agricultural
Planner/
Agronomist
Geotechnical Engineer

Engineering geologist
Hydrologist

Soil
Specialist/
Pedologist
Development
Economist
Economist/

Financial

Competences
Postgraduate qualifications in Civil/Hydraulic Engineering, with a minimum of 10 years
experience in water resources planning and design and construction supervision of
hydraulic structures such as dams, hydropower projects and irrigation systems.
Postgraduate qualification in irrigation engineering, with 10 years experience in the
planning and design and construction supervision of irrigation and drainage systems.
Postgraduate qualifications in Civil/Hydropower Engineering, with a minimum of 10
years experience in the planning, design and construction supervision of hydropower
projects
Postgraduate qualifications in Agronomy or related sciences with at least 10 years of work
experience in irrigation development projects.
Postgraduate qualifications in /Geotechnical Engineering and at least 10 years of
experience in geotechnical investigations, design and construction supervision of hydraulic
infrastructure projects.
Postgraduate qualifications in Engineering Geology and 10 years, experience in geological
investigations, design and construction supervision of hydraulic infrastructure projects.
Postgraduate qualification in water resources /hydrology, and at least 10 years experience
in use of water resources models for surface- and groundwater assessments as well as
experience in use of GIS/remote sensing in river basins.
Postgraduate qualifications in soil sciences and at least 10 years experience in soil
investigation for irrigation and watershed projects
Postgraduate qualification in development policies and/or economics. At least 10 years of
experience of financial and institutional solutions for infrastructure development in
developing countries (including Low Income Countries)
Postgraduate qualifications in economics, and at least 10 years of work experience on
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Section 6. Bank Policy Corrupt and Fraudulent Practices

Position
Specialist
Surveyor
Social
development
Specialist
Environmental
Management Specialist

Competences
development projects, specifically in economic and financial analysis of water resources
development projects.
Postgraduate qualifications in surveying with demonstrated experience in use of remote
sensing/GIS applications. Minimum of 10 years experience in engineering surveys.
Postgraduate qualifications in sociology, development studies or related fields. 10 years of
work experience. The Specialist will ensure that socio-economic and gender issues are
appropriately included during the project preparation/design stage.
Postgraduate qualification in Environmental management or related fields and at least 10
years work experience in Environmental Assessments. Knowledge of World Bank Social
and environmental safeguards is a must.

8. Contract Details
It is estimated that the work will commence in May 2015 and take 18 calendar months. Proposals should
indicate how the funds will be best utilized to achieve the objectives of the assignment. Whilst all of the
Consultant costs incurred in their participation, supporting the arrangement and running of national and
regional workshops must be included in the consultants financial proposal, the costs of holding the
workshops themselves (costs of venue, participants expenses such as transport and accommodation, materials
etc.) will be met by the Client and should not be included in the Consultants financial proposals. The costs of
all other consultations, meetings etc. required by the Consultant to adequately complete the assignment must
be included in the financial proposals.
9. Supervision Arrangements
The Client is the NBI/NELSAP. The Consultant will be directly supervised by the NELSAP CU with
participation of the Sio-Malaba-Malakisi River Basin Project Management Unit. Outputs of the study will be
reviewed by the NELSAP Dam Safety Panel, who comprise of (i) a dam design/construction engineer, (ii) a
hydrologist, and (iii) a geotechnical/geological engineer. The NELSAP CU will ensure close coordination
with other regional projects, to ensure information exchange. The Client will hold discussions with the
Consultant at various stages of the consultancy to assess work progress, discuss constraints and possible
interventions to ensure quality and meet deadlines.
10. Quality Assurance and Control
The Consultant will be required to demonstrate in their proposal evidence of adoption of the use of a Quality
Assurance System (ISO 9001 or equivalent), as well as describe how quality control will be implemented in
the course of the project.

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Appendix 1: Summary of key strategies and policies


Policy /Strategy
Kenyas Vision 2030

Kenyas 2012 water


policy
Kenyas Draft National
Policy on Irrigation
and Drainage
Development 2008
Kenyas water sector
strategic plan (WSSP)
2009-2014

Overview
Its the countrys road map for Kenyas economic and social development for the next two decades and
aims transform Kenya into a "newly industrializing, middle-income country providing a high quality of
life to all its citizens by 2030 in a clean and secure environment. The Vision is based around three
"pillars": Economic, Social, and Political and emphasizes on healthy ecosystems, poverty reduction, and
sustainable growth.
The objective of the policy to ensure a comprehensive framework for promoting optimal, sustainable,
and equitable development and use of water resources for improved livelihoods of Kenyans. It aims at
achieving universal rights to water supply and sanitation for all by 2030 in the rural and urban areas.
The policy aims to accelerate sustainable development of irrigation and drainage to contribute to the
national goals of wealth and employment creation, food security, employment creation, and poverty
reduction. It seeks to establish and promote a multi-sectoral approach to sustainable irrigation and
drainage development (involving private sector, communities, civil society and government).
It aims at protection of water resources, sustainable harnessing and management to ensure availability
and accessibility to all water uses for present and future generations with an overall goal of ensuring
environmentally sustainable social and economic benefits from the nations water resources.

Location of Sio Sango and the contributing catchments

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Layout of Masuno Irrigation Scheme to be served By Sio-Sango Dam

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Section 6. Bank Policy Corrupt and Fraudulent Practices

Appendix 3: Reference documentation

Study/Documentation

Description

1.0 Feasibility study to identify


irrigation investments in the lower
Sio basin, detailed design and
preparation of tender documents
by Bhundia associates (2010).

The study undertaken by the National Irrigation Board , Kenya undertook detailed socialeconomic analysis , community mobilization and framers organization , agronomy and
marketing , hydrological analysis , sedimentation / water quality analysis ,soils investigations ,
crop water requirements /scheduling, Preliminary designs , financial analysis and eventually
identified 6 major irrigation blocks of total command irrigation area 6,090 Ha for development in
the lower Sio basin. The irrigation blocks would be served through direct off take from the river
(diversion weirs) and thus conveyance by gravity and some blocks by pumping.
This was a preliminary study undertaken through the concluded NELSAP Regional Agricultural
and Trade Productivity (RATP) Project, covering the countries of Burundi, Eastern DR Congo,
Kenya, Rwanda, South Sudan, Tanzania and Uganda. The study identified irrigation potential of
1.3 Million ha in Kenya and 3 million in Uganda; and identified some focal areas for
downstream irrigation studies and development including Sio Basin.
This was undertaken by NELSAP for the Nile Equatorial Lakes Region, and it identified and
prioritized development potentials and constraints for the regions water resources. Through a
regional water resources assessment, review of sectoral, national and regional plans, and other
assessments, it established development scenarios and optimal thresholds for viable development
of various regional WRD interventions, including irrigation and hydropower, within the NEL
region. Its final outputs included a NEL Basin Planning Model and a regional water investment
strategy to guide the future regional WRD developments. It established that optimal irrigation
potential of 2.28 million ha for Uganda and 0.299 Million ha for Kenya.
The Sio-Malaba-Malakisi (SMM) River Basin Monograph compiled existing data and
information on all water resources related sectors, characterized water resources challenges and
issues along with their causes and impacts, and identified potential development and investment
opportunities in agriculture, livestock , forestry, fisheries and aquaculture, energy and
hydropower, potable water and sanitation, river transport and navigation, tourism, mining,
industry and trade. Cross-cutting and transboundary issues were analyzed and can only be
addressed through an integrated water resources planning and management approach. It
earmarked areas that would boost the desired development in the basin, especially in watershed
management, irrigation development, small hydropower development, multipurpose water
resource development infrastructure, etc.
The study identified 27 potential dam sites along Sio, Malaba and Malakisi river systems and
recommended measures that will ensure water security within the Sio-Malaba-Malakisi
catchments and alleviate poverty with a broad measure of regional and social equity. It targeted
development of new and/or augmentation of existing storage reservoirs and conveyance systems
for bulk water transfer for multipurpose uses of irrigation, water supply and sanitation, while
seeking, where possible, to add other benefits of flood control, hydropower generation, fishery
development, etc. The study also explored nonstructural measures to address water security in
the basin. The study made preliminary assessment of MRD options in irrigated agriculture,
hydropower generation, potable and livestock water supply, aquaculture, flood control, etc. with
specific focus on the sites hydrology, water demands, geology, social, environment, financial
and economic viability.
The SMM Integrated Watershed management Program which was sub basin wide identified
hotspot/degraded catchments requiring restoration so as to improve the ecological integrity of the
basin. Investment proposals were formulated in areas of catchment rehabilitation, pollution
control infrastructure; wetlands restoration and community based livelihood including capacity
building at the local, national and regional levels. An Environmental and Social Management
Framework including institutional arrangements for projects implementation were developed
also The interventions identified are aimed at having targeted sub-catchments rehabilitated and
managed for reduced erosion and improved livelihoods.
DSS was developed by the Nile Basin Water Resources Planning & Management (WRPM)
Project. The objective of the DSS is to serve as a shared knowledge base, provide analytical
capacity, and support stakeholder interaction, for cooperative planning and management
decision making for the Nile River Basin As such the Nile Basin DSS is expected to be an
agreed upon tool that will be accepted and used by all riparians in the management of the shared
Nile water resources.
The compiled data for the NB DSS include the following subject to what each country could
avail to the project.
Meteorological data: Rainfall, wind-speed, sunshine hours, temperature, and evaporation

2.0 NELSAP irrigation potential


assessment study (2012)

3.0 NEL multi-sector investment


opportunity analysis (2012)

4.0 Sio-Malaba-Malakisi River


Basin
Monograph
and
Database by WREM (2008)

5.0 Prefeasibility Study for 27


potential multipurpose WRD
projects
by
Newplan
Consulting Engineers (2010)

6.0 Feasibility
study
and
Preparation of a Sio-MalabaMalakisi
Integrated
Watershed
Management
Project (2012)

7.0 Nile Basin Decision Support


System (NB DSS, 2012)

8.0 Available information in the


NB DSS data base 2009

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Study/Documentation

9.0 Large
Scale
Irrigation
Practices in the Nile Basin,
Best practices, weaknesses
and opportunities, Final report
January 2009 by Wim
Bastiaansen, 2008
10.0 Agricultural Water In The
Nile Basin An Overview,
Final Report, Ian McAllister
Anderson (April 2008)
11.0 Resource
mobilization
Framework
report
(May
2009)
12.0 Wetlands strategy, 2010

13.0 NBI
Strategic
Program, 2002

Action

14.0 NELSAP Scaling up strategy


2005-2010, 2006

15.0 NELSAP
Preliminary
Environment
and
Social
Framework, 2009

16.0 NELSAP Project Selection


Criteria (2006)

17.0 NELSAP
Mainstreaming
(2008)

Gender
strategy

Description
(covered periods vary from station to station).
Hydrology: Water levels, discharge measurements, station reference coordinates.
Digital elevation Models (30m ASTER and 90 m SRTM same as those available in the
web); Catchment boundaries; Land use /cover:
Existing Hydropower stations and planned stations (the detail vary from country to country)
Irrigation schemes (size and location, crop type).
The study provides an overview of the performance of Large Scale Irrigation systems in the Nile
Basin against internationally accepted standards and benchmarks and recommendations on how
to improve the performance indicators. Good irrigation practices in the Nile Basin and areas that
need to undergo improvement programs will be identified. Part of the outputs includes an
inventory of LSI systems.
The assignment contains a review, evaluation and compilation of an overview on agricultural
water sector of Nile basin and related reports on best practices, stakeholders and future
development perspectives.
Framework that provides a set of coherent policy directions and strategic actions for
implementation by NBI and specifically by NELSAP in order to be able to mobilize adequate
and sustainable resources in a predictable and timely manner for financing NELSAP portfolio of
investments (soft copy)
The strategy addresses the need to protect the hydrological importance of the wetlands of the
River Nile especially in storing water and regulating flow that ensures that River Nile always has
water throughout the year. It proposes actions for restoration of Wetland, which was highlighted
as one of the major threats to management of the Nile Basin environment. (soft copy)
These are policy guidelines for taking the strategic action which is necessary to realize the
potential of the Nile. Its objectives include: (i) to develop the water resources of the Nile Basin
in a sustainable and equitable way to ensure prosperity, security and peace for all its peoples (ii)
to ensure efficient water management and the optimal use of the resources (iii) to ensure
cooperation and joint action between the riparian countries, seeking win-win gains (iv) to target
poverty eradication and promote economic integration and (v) to ensure that the program results
in a move from planning to action.
The NELSAP Scaling Up Strategy builds on the initial NELSAP achievements and defines three
tracks to promote cooperative Nile investments projects within the overall NBI framework. The
strategy builds on the knowledge, analyses and trust generated through the Shared Vision
Program (SVP) and contributes to reach the NELSAP objectives and the Nile Basin Shared
Vision. Development objectives are defined for each track within a five year time frame (20052010).
The ESMF: (i) establishes clear procedures for the environmental and social planning, review
and approval of the projects to be prepared under NELSAP;(ii) specifies roles and
responsibilities, and outline the necessary reporting procedures, for managing and monitoring
environmental and social concerns related to projects;(iii) determines the training, capacity
building needed to successfully implement the provisions of the ESMF and (iv) establishes the
project financing required to implement the ESMF.
NELSAP objectives are overarching criteria and these include: Poverty reduction; Reversal of
environmental degradation and Economic development. Additional criteria as agreed by
NELTAC in 2006 include: (i) have specific Country(ies) defined goals and anticipated
measurable results that are clearly stated (ii) demonstrate benefits at a regional level (iii) ability
to be up scaled (iv) demonstrate sustainable use of water resources (v) Commitment for
significant public consultation and Stakeholder involvement and (vi) Economic and Financial
viability and sustainability
The strategy provides the NELSAP with operational guidelines on how gender principles will be
mainstreamed within projects. The strategy forms an integral part of projects activities and aims
at providing a minimum view of the gender goals and to facilitate a process of learning and
increased capacity to analyze and mainstream gender in the course of the work.

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PART II
Section 8. Conditions of Contract and Contract Forms

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TIME-BASED FORM OF CONTRACT

STANDARD FORM OF CONTRACT

Consultants Services
Lump-Sum

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Consultants Services

Lump-Based

Contents
PART I .................................................................................................................................................... 1
Section 1. Letter of Invitation ................................................................................................................ 1
Section 2. Instructions to Consultants and Data Sheet ........................................................................... 5
A. General Provisions ............................................................................................................................ 5
1. Definitions ................................................................................................................................. 5
2. Introduction ............................................................................................................................... 6
3. Conflict of Interest ..................................................................................................................... 6
4. Unfair Competitive Advantage .................................................................................................. 7
5. Corrupt and Fraudulent Practices .............................................................................................. 7
6. Eligibility ................................................................................................................................... 8
B. Preparation of Proposals ................................................................................................................... 9
7.
General Considerations .................................................................................................... 9
8.
Cost of Preparation of Proposal ....................................................................................... 9
9.
Language .......................................................................................................................... 9
10. Documents Comprising the Proposal............................................................................... 9
11. Only One Proposal ......................................................................................................... 10
12. Proposal Validity ........................................................................................................... 10
13. Clarification and Amendment of RFP ........................................................................... 11
14. Preparation of Proposals Specific Considerations ...................................................... 11
15. Technical Proposal Format and Content ........................................................................ 12
16. Financial Proposal.......................................................................................................... 12
C. Submission, Opening and Evaluation ............................................................................................. 12
17. Submission, Sealing, and Marking of Proposals............................................................ 12
18. Confidentiality ............................................................................................................... 14
19. Opening of Technical Proposals .................................................................................... 14
20. Proposals Evaluation...................................................................................................... 14
21. Evaluation of Technical Proposals................................................................................. 15
22. Financial Proposals for QBS .......................................................................................... 15
23. Public Opening of Financial Proposals (for QCBS, FBS, and LCS methods) .............. 15
24. Correction of Errors ....................................................................................................... 15
25. Taxes .............................................................................................................................. 16
26. Conversion to Single Currency ...................................................................................... 16
D. Negotiations and Award ................................................................................................................. 17
E. Data Sheet ....................................................................................................................................... 19
Section 3. Technical Proposal Standard Forms ................................................................................ 25
Section 4. Financial Proposal - Standard Forms ................................................................................... 35
Section 5. Eligible Countries ............................................................................................................... 45

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Section 6. Bank Policy Corrupt and Fraudulent Practices ................................................................ 47


Section 7. Terms of Reference .............................................................................................................. 49
PART II ................................................................................................................................................ 73
Section 8. Conditions of Contract and Contract Forms ........................................................................ 73
I.

Form of Contract ..................................................................................................................... 81

II.

General Conditions of Contract ............................................................................................... 83

A. GENERAL PROVISIONS..................................................................................................................... 83
2. Relationship between the Parties ............................................................................................. 84
3. Law Governing Contract ......................................................................................................... 84
4. Language ................................................................................................................................. 84
5. Headings .................................................................................................................................. 84
6. Communications ...................................................................................................................... 84
7. Location ................................................................................................................................... 84
8. Authority of Member in Charge .............................................................................................. 84
9. Authorized Representatives ..................................................................................................... 84
10. Corrupt and Fraudulent Practices ............................................................................................ 84
B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT ................... 85
11. Effectiveness of Contract ......................................................................................................... 85
12. Termination of Contract for Failure to Become Effective ....................................................... 85
13. Commencement of Services .................................................................................................... 85
14. Expiration of Contract ............................................................................................................. 85
15. Entire Agreement ..................................................................................................................... 85
16. Modifications or Variations ..................................................................................................... 85
17. Force Majeure .......................................................................................................................... 85
18. Suspension ............................................................................................................................... 87
19. Termination ............................................................................................................................. 87
C. OBLIGATIONS OF THE CONSULTANT ............................................................................................... 89
20. General..................................................................................................................................... 89
21. Conflict of Interests ................................................................................................................. 89
22. Confidentiality ......................................................................................................................... 90
23. Liability of the Consultant ....................................................................................................... 90
24. Insurance to be Taken out by the Consultant ........................................................................... 90
25. Accounting, Inspection and Auditing ...................................................................................... 91
26. Reporting Obligations .............................................................................................................. 91

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27. Proprietary Rights of the Client in Reports and Records ......................................................... 91


28. Equipment, Vehicles and Materials ......................................................................................... 91
D. CONSULTANTS EXPERTS AND SUB-CONSULTANTS ....................................................................... 92
29. Description of Key Experts ..................................................................................................... 92
30. Replacement of Key Experts ................................................................................................... 92
31. Removal of Experts or Sub-consultants................................................................................... 92
E. OBLIGATIONS OF THE CLIENT .......................................................................................................... 92
32. Assistance and Exemptions ..................................................................................................... 92
33. Access to Project Site .............................................................................................................. 93
34. Change in the Applicable Law Related to Taxes and Duties ................................................... 93
35. Services, Facilities and Property of the Client ......................................................................... 94
36. Counterpart Personnel ............................................................................................................. 94
37. Payment Obligation ................................................................................................................. 94
F. PAYMENTS TO THE CONSULTANT .................................................................................................... 94
38. Contract Price .......................................................................................................................... 94
39. Taxes and Duties...................................................................................................................... 94
40. Currency of Payment ............................................................................................................... 94
41. Mode of Billing and Payment .................................................................................................. 94
42. Interest on Delayed Payments ................................................................................................. 95
G. FAIRNESS AND GOOD FAITH ........................................................................................................... 95
43. Good Faith ............................................................................................................................... 95
H. SETTLEMENT OF DISPUTES .............................................................................................................. 96
44. Amicable Settlement ................................................................................................................ 96
45. Dispute Resolution................................................................................................................... 96
Attachment 1: Banks Policy Corrupt and Fraudulent Practices ....................................................... 97
III.

Special Conditions of Contract ................................................................................................ 99

IV.

Appendices ............................................................................................................................ 105


Appendix A Terms of Reference .............................................................................................. 105
Appendix B - Key Experts ........................................................................................................... 105
Appendix C Breakdown of Contract Price ................................................................................ 105
Appendix D - Form of Advance Payments Guarantee ................................................................. 107

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CONTRACT FOR CONSULTANTS SERVICES


Lump-Sum

Project Name NILE COOPERATION FOR RESULTS (NCORE)


[Loan/Credit/Grant] No. CIWA-TF 013767
Contract No. NELSAP/NCORE/CS/014
Between

Client: NILE BASIN INITIATIVE (NELSAP)


Country: KENYA

And

[Name of the Consultant]

Dated:

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I. Form of Contract

Lump-Sum

I.

Form of Contract
LUMP-SUM

(Text in brackets [ ] is optional; all notes should be deleted in the final text)
This CONTRACT (hereinafter called the Contract) is made the [number] day of the month of
[month], [year], between, on the one hand, Nile Basin Initiative/Nile Equatorial Lakes Subsidiary
Action Program (hereinafter called the Client) and, on the other hand, [name of Consultant]
(hereinafter called the Consultant).
[If the Consultant consist of more than one entity, the above should be partially amended to read as
follows: (hereinafter called the Client) and, on the other hand, a Joint Venture (name of the JV)
consisting of the following entities, each member of which will be jointly and severally liable to the
Client for all the Consultants obligations under this Contract, namely, [name of member] and [name
of member] (hereinafter called the Consultant).]
WHEREAS
(a)

The Client has requested the Consultant to provide certain consulting services as defined in
this Contract (hereinafter called the Services);

(b)

the Consultant, having represented to the Client that it has the required professional skills,
expertise and technical resources, has agreed to provide the Services on the terms and
conditions set forth in this Contract;

(c)

the Client has received a grant from the World Bank through the Cooperation on
International Waters for Africa (CIWA) Multi-Donor Trust Fund administered by the
International Development Association (IDA): toward the cost of the Services and intends
to apply a portion of the proceeds of this grant to eligible payments under this Contract, it
being understood that (i) payments by the Bank will be made only at the request of the
Client and upon approval by the Bank; (ii) such payments will be subject, in all respects, to
the terms and conditions of the grant agreement, including prohibitions of withdrawal from
the grant account for the purpose of any payment to persons or entities, or for any import of
goods, if such payment or import, to the knowledge of the Bank, is prohibited by the
decision of the United Nations Security council taken under Chapter VII of the Charter of
the United Nations; and (iii) no party other than the Client shall derive any rights from the
grant agreement or have any claim to the grant proceeds;

NOW THEREFORE the parties hereto hereby agree as follows:


1.
The following documents attached hereto shall be deemed to form an integral part of this
Contract:
(a)
(b)
(c)

The General Conditions of Contract (including Attachment 1 Bank Policy Corrupt


and Fraudulent Practices);
The Special Conditions of Contract;
Appendices:
Appendix A:

Terms of Reference
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I. Form of Contract

Appendix B:
Appendix C:
Appendix D:

Lump-Sum

Key Experts
Breakdown of Contract Price
Form of Advance Payments Guarantee

In the event of any inconsistency between the documents, the following order of precedence
shall prevail: the Special Conditions of Contract; the General Conditions of Contract,
including Attachment 1; Appendix A; Appendix B; Appendix C; Appendix D. Any reference
to this Contract shall include, where the context permits, a reference to its Appendices.
2.

The mutual rights and obligations of the Client and the Consultant shall be as set forth in the
Contract, in particular:
(a)
(b)

The Consultant shall carry out the Services in accordance with the provisions of the
Contract; and
The Client shall make payments to the Consultant in accordance with the provisions
of the Contract.

IN WITNESS WHEREOF, 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 the Nile Basin Initiative/Nile Equatorial Lakes Subsidiary Action Program

Executive Director
For and on behalf of [Name of Consultant or Name of a Joint Venture]
[Authorized Representative of the Consultant name and signature]
[For a joint venture, either all members shall sign or only the lead member, in which case the power
of attorney to sign on behalf of all members shall be attached.
For and on behalf of each of the members of the Consultant [insert the Name of the Joint Venture]
[Name of the lead member]
[Authorized Representative on behalf of a Joint Venture]
[Add signature blocks for each member if all are signing]

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II. General Conditions of Contract

II.

Lump-Sum

General Conditions of Contract


A. GENERAL PROVISIONS

1. Definitions

1.1. Unless the context otherwise requires, the following terms whenever used
in this Contract have the following meanings:
(a) Applicable Guidelines means Guidelines for Selection and
Employment of Consultants under IBRD Loans and IDA Credits &
Grants by World Bank Borrowers, dated January 2011.
(b) Applicable Law means the laws and any other instruments having
the force of law in the Clients country, or in such other country as
may be specified in the Special Conditions of Contract (SCC), as
they may be issued and in force from time to time.
(c) Bank means the International Bank for Reconstruction and
Development (IBRD) or the International Development Association
(IDA).
(d) Borrower means the Government, Government agency or other
entity that signs the financing agreement with the Bank.
(e) Client means the implementing agency that signs the Contract for
the Services with the Selected Consultant.
(f)
Consultant means a legally-established professional consulting firm
or entity selected by the Client to provide the Services under the
signed Contract.
(g) Contract means the legally binding written agreement signed
between the Client and the Consultant and which includes all the
attached documents listed in its paragraph 1 of the Form of Contract
(the General Conditions (GCC), the Special Conditions (SCC), and
the Appendices).
(h) Day means a working day unless indicated otherwise.
(i) Effective Date means the date on which this Contract comes into
force and effect pursuant to Clause GCC 11.
(j)
Experts means, collectively, Key Experts, Non-Key Experts, or any
other personnel of the Consultant, Sub-consultant or JV member(s)
assigned by the Consultant to perform the Services or any part
thereof under the Contract.
(k) Foreign Currency means any currency other than the currency of the
Clients country.
(l) GCC means these General Conditions of Contract.
(m) Government means the government of the Clients country.
(n) Joint Venture (JV) means an association with or without a legal
personality distinct from that of its members, of more than one entity
where one member has the authority to conduct all businesses for and
on behalf of any and all the members of the JV, and where the
members of the JV are jointly and severally liable to the Client for
the performance of the Contract.
(o) Key Expert(s) means an individual professional whose skills,
qualifications, knowledge and experience are critical to the
performance of the Services under the Contract and whose Curricula
Vitae (CV) was taken into account in the technical evaluation of the
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Consultants proposal.
Local Currency means the currency of the Clients country.
Non-Key Expert(s) means an individual professional provided by
the Consultant or its Sub-consultant to perform the Services or any
part thereof under the Contract.
(r)
Party means the Client or the Consultant, as the case may be, and
Parties means both of them.
(s) SCC means the Special Conditions of Contract by which the GCC
may be amended or supplemented but not over-written.
(t) Services means the work to be performed by the Consultant
pursuant to this Contract, as described in Appendix A hereto.
(u) Sub-consultants means an entity to whom/which the Consultant
subcontracts any part of the Services while remaining solely liable for
the execution of the Contract.
(v) Third Party means any person or entity other than the Government,
the Client, the Consultant or a Sub-consultant.
2.1. Nothing contained herein shall be construed as establishing a relationship
Relationship
of master and servant or of principal and agent as between the Client and
between the Parties
the Consultant. The Consultant, subject to this Contract, has complete
charge of the Experts and Sub-consultants, if any, performing the Services
and shall be fully responsible for the Services performed by them or on
their behalf hereunder.
3.1. This Contract, its meaning and interpretation, and the relation between the
Law Governing
Parties shall be governed by the Applicable Law.
Contract
4.1. This Contract has been executed in the language specified in the SCC,
Language
which shall be the binding and controlling language for all matters relating
to the meaning or interpretation of this Contract.
5.1. The headings shall not limit, alter or affect the meaning of this Contract.
Headings
Communications 6.1. Any communication required or permitted to be given or made pursuant to
this Contract shall be in writing in the language specified in Clause GCC 4.
Any such notice, request or consent shall be deemed to have been given or
made when delivered in person to an authorized representative of the Party
to whom the communication is addressed, or when sent to such Party at the
address specified in the SCC.
(p)
(q)

2.

3.
4.

5.
6.

7.

8.

9.

10.

6.2. A Party may change its address for notice hereunder by giving the other
Party any communication of such change to the address specified in the
SCC.
7.1. The Services shall be performed at such locations as are specified in
Location
Appendix A hereto and, where the location of a particular task is not so
specified, at such locations, whether in the Governments country or
elsewhere, as the Client may approve.
8.1. In case the Consultant is a Joint Venture, the members hereby authorize
Authority of
the member specified in the SCC to act on their behalf in exercising all the
Member in Charge
Consultants rights and obligations towards the Client under this Contract,
including without limitation the receiving of instructions and payments
from the Client.
9.1. Any action required or permitted to be taken, and any document required or
Authorized
permitted to be executed under this Contract by the Client or the Consultant
Representatives
may be taken or executed by the officials specified in the SCC.
10.1.
The Bank requires compliance with its policy in regard to corrupt
Corrupt and
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and fraudulent practices as set forth in Attachment 1 to the GCC.


Fraudulent
Practices
The Client requires the Consultant to disclose any commissions,
a.
Commissions 10.2.
gratuities
or fees that may have been paid or are to be paid to agents or any
and Fees
other party 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 or other party, the amount and currency, and the
purpose of the commission, gratuity or fee. Failure to disclose such
commissions, gratuities or fees may result in termination of the Contract
and/or sanctions by the Bank.

B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT


11.1.
This Contract shall come into force and effect on the date (the
Effective Date) of the Clients notice to the Consultant instructing the
Consultant to begin carrying out the Services. This notice shall confirm
that the effectiveness conditions, if any, listed in the SCC have been met.
12.1.
If this Contract has not become effective within such time period
Termination of
after the date of Contract signature as specified in the SCC, either Party
Contract for
may, by not less than twenty two (22) days written notice to the other
Failure to Become
Party, declare this Contract to be null and void, and in the event of such a
Effective
declaration by either Party, neither Party shall have any claim against the
other Party with respect hereto.
The Consultant shall confirm availability of Key Experts and begin
Commencement of13.1.
carrying out the Services not later than the number of days after the
Services
Effective Date specified in the SCC.
14.1.
Unless terminated earlier pursuant to Clause GCC 19 hereof, this
Expiration of
Contract shall expire at the end of such time period after the Effective Date
Contract
as specified in the SCC.
This Contract contains all covenants, stipulations and provisions
Entire Agreement 15.1.
agreed by the Parties. No agent or representative of either Party has
authority to make, and the Parties shall not be bound by or be liable for,
any statement, representation, promise or agreement not set forth herein.
Any modification or variation of the terms and conditions of this
Modifications or 16.1.
Contract, including any modification or variation of the scope of the
Variations
Services, may only be made by written agreement between the Parties.
However, each Party shall give due consideration to any proposals for
modification or variation made by the other Party.

11. Effectiveness of
Contract

12.

13.

14.

15.

16.

16.2.
In cases of substantial modifications or variations, the prior written
consent of the Bank is required.
17. Force Majeure
a.

Definition

17.1.
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 makes a Partys performance of its obligations hereunder
impossible or so impractical as reasonably to be considered impossible
under the circumstances, and subject to those requirements, includes, but
is not limited to, war, riots, civil disorder, earthquake, fire, explosion,
storm, flood or other adverse weather conditions, strikes, lockouts or other
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industrial action confiscation or any other action by Government agencies.


17.2.
Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or such Partys Experts, Subconsultants or agents or employees, nor (ii) any event which a diligent
Party could reasonably have been expected to both take into account at the
time of the conclusion of this Contract, and avoid or overcome in the
carrying out of its obligations hereunder.
17.3.
Force Majeure shall not include insufficiency of funds or failure to
make any payment required hereunder.
b.

The failure of a Party to fulfill any of its obligations hereunder shall


No Breach of17.4.
not be considered to be a breach of, or default under, this Contract insofar
Contract
as such inability arises from an event of Force Majeure, provided that the
Party 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.

c.

17.5.
A Party affected by an event of Force Majeure shall continue to
Measures to be
perform its obligations under the Contract as far as is reasonably practical,
Taken
and shall take all reasonable measures to minimize the consequences of
any event of Force Majeure.
17.6.
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) calendar 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.
17.7.
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.
17.8.
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 reasonably 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.

17.9.
In the case of disagreement between the Parties as to the existence or
extent of Force Majeure, the matter shall be settled according to Clauses
GCC 44 & 45.
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18. Suspension

19. Termination
a.

By the Client

Lump-Sum

18.1.
The Client may, by written notice of suspension to the
Consultant, suspend all payments to the Consultant hereunder if
the Consultant fails to perform any of its obligations under this
Contract, including the carrying out of the Services, provided that
such notice of suspension (i) shall specify the nature of the failure,
and (ii) shall request the Consultant to remedy such failure within
a period not exceeding thirty (30) calendar days after receipt by
the Consultant of such notice of suspension.
19.1. This Contract may be terminated by either Party as per provisions
set up below:
19.1.1. The Client may terminate this Contract in case of the
occurrence of any of the events specified in paragraphs (a) through
(f) of this Clause. In such an occurrence the Client shall give at least
thirty (30) calendar days written notice of termination to the
Consultant in case of the events referred to in (a) through (d); at least
sixty (60) calendar days written notice in case of the event referred
to in (e); and at least five (5) calendar days written notice in case of
the event referred to in (f):
(a)

If the Consultant fails to remedy a failure in the performance


of its obligations hereunder, as specified in a notice of
suspension pursuant to Clause GCC 18;

(b)

If the Consultant becomes (or, if the Consultant consists 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;

(c)

If the Consultant fails to comply with any final decision


reached as a result of arbitration proceedings pursuant to
Clause GCC 45.1;

(d)

If, as the result of Force Majeure, the Consultant is unable to


perform a material portion of the Services for a period of not
less than sixty (60) calendar days;

(e)

If the Client, in its sole discretion and for any reason


whatsoever, decides to terminate this Contract;

(f)

If the Consultant fails to confirm availability of Key Experts as


required in Clause GCC 13.

19.1.2. Furthermore, if the Client determines that the Consultant


has engaged in corrupt, fraudulent, collusive, coercive or obstructive
practices, in competing for or in executing the Contract, then the
Client may, after giving fourteen (14) calendar days written notice to
the Consultant, terminate the Consultant's employment under the
Contract.
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b.

By the
Consultant

Lump-Sum

19.1.3. The Consultant may terminate this Contract, by not less


than thirty (30) calendar days written notice to the Client, in case of
the occurrence of any of the events specified in paragraphs (a)
through (d) of this Clause.
(a)

If the Client fails to pay any money due to the Consultant


pursuant to this Contract and not subject to dispute pursuant to
Clause GCC 45.1 within forty-five (45) calendar days after
receiving written notice from the Consultant that such payment
is overdue.

(b)

If, as the result of Force Majeure, the Consultant is unable to


perform a material portion of the Services for a period of not
less than sixty (60) calendar days.

(c)

If the Client fails to comply with any final decision reached as a


result of arbitration pursuant to Clause GCC 45.1.

(d)

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 Consultants notice specifying such breach.

c.

Cessation of
Rights and
Obligations

19.1.4. Upon termination of this Contract pursuant to Clauses


GCC 12 or GCC 19 hereof, or upon expiration of this Contract
pursuant to Clause GCC 14, all rights and obligations of the Parties
hereunder shall cease, except (i) such rights and obligations as may
have accrued on the date of termination or expiration, (ii) the
obligation of confidentiality set forth in Clause GCC 22, (iii) the
Consultants obligation to permit inspection, copying and auditing of
their accounts and records set forth in Clause GCC 25, and (iv) any
right which a Party may have under the Applicable Law.

d.

Cessation of
Services

19.1.5. Upon termination of this Contract by notice of either Party


to the other pursuant to Clauses GCC 19a or GCC 19b, the
Consultant shall, immediately upon dispatch or receipt of such
notice, take all necessary steps to bring the Services to a close in a
prompt and orderly manner and shall make every reasonable effort to
keep expenditures for this purpose to a minimum. With respect to
documents prepared by the Consultant and equipment and materials
furnished by the Client, the Consultant shall proceed as provided,
respectively, by Clauses GCC 27 or GCC 28.

e.

Payment upon
Termination

19.1.6. Upon termination of this Contract, the Client shall make


the following payments to the Consultant:
(a)

payment for Services satisfactorily performed prior to the


effective date of termination; and

(b)

in the case of termination pursuant to paragraphs (d) and (e) of


Clause GCC 19.1.1, reimbursement of any reasonable cost
incidental to the prompt and orderly termination of this
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Contract, including the cost of the return travel of the Experts.

C. OBLIGATIONS OF THE CONSULTANT


20. General
a.

Standard of
Performance

20.1 The Consultant shall perform the Services and carry out the
Services 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 a faithful adviser to the Client, and shall at all times support
and safeguard the Clients legitimate interests in any dealings with the third
parties.
20.2. The Consultant shall employ and provide such qualified and
experienced Experts and Sub-consultants as are required to carry out the
Services.
20.3. The Consultant may subcontract part of the Services to an extent
and with such Key Experts and Sub-consultants as may be approved in
advance by the Client. Notwithstanding such approval, the Consultant shall
retain full responsibility for the Services.

b.

Law Applicable
to Services

20.4. The Consultant shall perform the Services in accordance with the
Contract and the Applicable Law and shall take all practicable steps to
ensure that any of its Experts and Sub-consultants, comply with the
Applicable Law.
20.5. Throughout the execution of the Contract, the Consultant shall
comply with the import of goods and services prohibitions in the Clients
country when
(a)

as a matter of law or official regulations, the Borrowers


country prohibits commercial relations with that country; or

(b)

by an act of compliance with a decision of the United Nations


Security Council taken under Chapter VII of the Charter of the
United Nations, the Borrowers Country prohibits any import of
goods from that country or any payments to any country,
person, or entity in that country.

20.6. The Client shall notify the Consultant in writing of relevant local
customs, and the Consultant shall, after such notification, respect such
customs.
21. Conflict of Interests

a.

Consultant Not

21.1. The Consultant shall hold the Clients interests paramount, without
any consideration for future work, and strictly avoid conflict with other
assignments or their own corporate interests.
21.1.1

The payment of the Consultant pursuant to GCC F (Clauses


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to Benefit from
Commissions,
Discounts, etc.

Lump-Sum

GCC 38 through 42) shall constitute the Consultants only payment in


connection with this Contract and, subject to Clause GCC 21.1.3, the
Consultant shall not accept for its own benefit any trade commission,
discount or similar payment in connection with activities pursuant to
this Contract or in the discharge of its obligations hereunder, and the
Consultant shall use its best efforts to ensure that any Sub-consultants,
as well as the Experts and agents of either of them, similarly shall not
receive any such additional payment.
21.1.2
Furthermore, if the Consultant, as part of the Services, has
the responsibility of advising the Client on the procurement of goods,
works or services, the Consultant shall comply with the Banks
Applicable Guidelines, and 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.

b.

Consultant and
Affiliates Not to
Engage in
Certain
Activities

21.1.3 The Consultant agrees that, during the term of this Contract
and after its termination, the Consultant and any entity affiliated with
the Consultant, as well as any Sub-consultants and any entity
affiliated with such Sub-consultants, shall be disqualified from
providing goods, works or non-consulting services resulting from or
directly related to the Consultants Services for the preparation or
implementation of the project, unless otherwise indicated in the SCC.

c.

Prohibition of
Conflicting
Activities

21.1.4 The Consultant shall not engage, and shall cause its
Experts as well as its Sub-consultants not to engage, either directly
or indirectly, in any business or professional activities that would
conflict with the activities assigned to them under this Contract.

d.

Strict Duty to
Disclose
Conflicting
Activities

21.1.5 The Consultant has an obligation and shall ensure that its
Experts and Sub-consultants shall have an obligation to disclose any
situation of actual or potential conflict that impacts their capacity to
serve the best interest of their Client, or that may reasonably be
perceived as having this effect. Failure to disclose said situations
may lead to the disqualification of the Consultant or the termination
of its Contract.

22. Confidentiality

22.1
Except with the prior written consent of the Client, the Consultant
and the Experts 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 Experts make public the recommendations
formulated in the course of, or as a result of, the Services.

23. Liability of the


Consultant

23.1
Subject to additional provisions, if any, set forth in the SCC, the
Consultants liability under this Contract shall be provided by the Applicable
Law.

24. Insurance to be
Taken out by the
Consultant

24.1
The Consultant (i) shall take out and maintain, and shall cause any
Sub-consultants to take out and maintain, at its (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 specified in the
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SCC, and (ii) at the Clients 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. The Consultant shall ensure that
such insurance is in place prior to commencing the Services as stated in
Clause GCC 13.
25. Accounting,
Inspection and
Auditing

25.1
The Consultant shall keep, and shall make all reasonable efforts to
cause its Sub-consultants to keep, accurate and systematic accounts and
records in respect of the Services and in such form and detail as will clearly
identify relevant time changes and costs.
25.2
The Consultant shall permit and shall cause its Sub-consultants to
permit, the Bank and/or persons appointed by the Bank to inspect the Site
and/or all accounts and records relating to the performance of the Contract
and the submission of the Proposal to provide the Services, and to have
such accounts and records audited by auditors appointed by the Bank if
requested by the Bank. The Consultants attention is drawn to Clause GCC
10 which provides, inter alia, that acts intended to materially impede the
exercise of the Banks inspection and audit rights provided for under this
Clause GCC25.2 constitute a prohibited practice subject to contract
termination (as well as to a determination of ineligibility under the Banks
prevailing sanctions procedures.)

26. Reporting
Obligations

26.1
The Consultant shall submit to the Client the reports and documents
specified in Appendix A, in the form, in the numbers and within the time
periods set forth in the said Appendix.

27. Proprietary Rights of


the Client in Reports
and Records

27.1
Unless otherwise indicated in the SCC, all reports and relevant data
and information such as maps, diagrams, plans, databases, other documents
and software, supporting records or material compiled or prepared by the
Consultant for the Client in the course of the Services shall be confidential
and become and remain the absolute property of the Client. The Consultant
shall, not later than upon termination or expiration of this Contract, deliver
all such documents to the Client, together with a detailed inventory thereof.
The Consultant may retain a copy of such documents, data and/or software
but shall not use the same for purposes unrelated to this Contract without
prior written approval of the Client.
27.2
If license agreements are necessary or appropriate between the
Consultant and third parties for purposes of development of the plans,
drawings, specifications, designs, databases, other documents and software,
the Consultant shall obtain the Clients prior written approval to such
agreements, and the Client shall be entitled at its discretion to require
recovering the expenses related to the development of the program(s)
concerned. Other restrictions about the future use of these documents and
software, if any, shall be specified in the SCC.

28. Equipment, Vehicles


and Materials

28.1
Equipment, vehicles and materials made available to the Consultant
by the Client, or purchased by the Consultant wholly or partly with funds
provided by the Client, shall be the property of the Client and shall be
marked accordingly. Upon termination or expiration of this Contract, the
Consultant shall make available to the Client an inventory of such
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equipment, vehicles and materials and shall dispose of such equipment,


vehicles and materials in accordance with the Clients instructions. While in
possession of such equipment, vehicles and materials, the Consultant, unless
otherwise instructed by the Client in writing, shall insure them at the
expense of the Client in an amount equal to their full replacement value.
28.2
Any equipment or materials brought by the Consultant or its Experts
into the Clients country for the use either for the project or personal use shall
remain the property of the Consultant or the Experts concerned, as applicable.

D. CONSULTANTS EXPERTS AND SUB-CONSULTANTS


29. Description of Key
Experts

29.1
The title, agreed job description, minimum qualification and
estimated period of engagement to carry out the Services of each of the
Consultants Key Experts are described in Appendix B.

30. Replacement of Key


Experts

30.1
Except as the Client may otherwise agree in writing, no changes
shall be made in the Key Experts.
30.2
Notwithstanding the above, the substitution of Key Experts during
Contract execution may be considered only based on the Consultants
written request and due to circumstances outside the reasonable control of
the Consultant, including but not limited to death or medical incapacity. In
such case, the Consultant shall forthwith provide as a replacement, a person
of equivalent or better qualifications and experience, and at the same rate
of remuneration.

31. Removal of Experts


or Sub-consultants

31.1
If the Client finds that any of the Experts or Sub-consultant has
committed serious misconduct or has been charged with having committed
a criminal action, or shall the Client determine that Consultants Expert of
Sub-consultant have engaged in corrupt, fraudulent, collusive, coercive or
obstructive practice while performing the Services, the Consultant shall, at
the Clients written request, provide a replacement.
31.2
In the event that any of Key Experts, Non-Key Experts or Subconsultants is found by the Client to be incompetent or incapable in
discharging assigned duties, the Client, specifying the grounds therefore,
may request the Consultant to provide a replacement.
31.3
Any replacement of the removed Experts or Sub-consultants shall
possess better qualifications and experience and shall be acceptable to the
Client.
31.4
The Consultant shall bear all costs arising out of or incidental to
any removal and/or replacement of such Experts.

E. OBLIGATIONS OF THE CLIENT


32. Assistance and
Exemptions

32.1

Unless otherwise specified in the SCC, the Client shall use its best

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efforts to:
(a)

Assist the Consultant with obtaining work permits and such other
documents as shall be necessary to enable the Consultant to perform
the Services.

(b)

Assist the Consultant with promptly obtaining, for the Experts and, if
appropriate, their eligible dependents, all necessary entry and exit
visas, residence permits, exchange permits and any other documents
required for their stay in the Clients country while carrying out the
Services under the Contract.

(c)

Facilitate prompt clearance through customs of any property required


for the Services and of the personal effects of the Experts and their
eligible dependents.

(c)

Issue to officials, agents and representatives of the Government all


such instructions and information as may be necessary or appropriate
for the prompt and effective implementation of the Services.

(d)

Assist the Consultant and the Experts and any Sub-consultants


employed by the Consultant for the Services with obtaining
exemption from any requirement to register or obtain any permit to
practice their profession or to establish themselves either individually
or as a corporate entity in the Clients country according to the
applicable law in the Clients country.

(e)

Assist the Consultant, any Sub-consultants and the Experts of either


of them with obtaining the privilege, pursuant to the applicable law in
the Clients country, of bringing into the Clients country reasonable
amounts of foreign currency for the purposes of the Services or for
the personal use of the Experts and of withdrawing any such amounts
as may be earned therein by the Experts in the execution of the
Services.

(f)

Provide to the Consultant any such other assistance as may be


specified in the SCC.

33. Access to Project Site

33.1
The Client warrants that the Consultant shall have, free of charge,
unimpeded access to the project site in respect of which access is required
for the performance of the Services. The Client will be responsible for any
damage to the project site or any property thereon resulting from such
access and will indemnify the Consultant and each of the experts in respect
of liability for any such damage, unless such damage is caused by the
willful default or negligence of the Consultant or any Sub-consultants or
the Experts of either of them.

34. Change in the


Applicable Law
Related to Taxes and
Duties

34.1
If, after the date of this Contract, there is any change in the
applicable law in the Clients country with respect to taxes and duties
which increases or decreases the cost incurred by the Consultant in
performing the Services, then the remuneration and reimbursable expenses
otherwise payable to the Consultant under this Contract shall be increased
or decreased accordingly by agreement between the Parties hereto, and
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corresponding adjustments shall be made to the Contract price amount


specified in Clause GCC 38.1
35. Services, Facilities
and Property of the
Client

35.1
The Client shall make available to the Consultant and the Experts,
for the purposes of the Services and free of any charge, the services,
facilities and property described in the Terms of Reference (Appendix A)
at the times and in the manner specified in said Appendix A.

36. Counterpart
Personnel

36.1
The Client shall make available to the Consultant free of charge
such professional and support counterpart personnel, to be nominated by
the Client with the Consultants advice, if specified in Appendix A.
36.2
Professional and support counterpart personnel, excluding Clients
liaison personnel, shall work under the exclusive direction of the
Consultant. If any member of the counterpart personnel fails to perform
adequately any work assigned to such member by the Consultant that is
consistent with the position occupied by such member, the Consultant may
request the replacement of such member, and the Client shall not
unreasonably refuse to act upon such request.

37. Payment Obligation

37.1
In consideration of the Services performed by the Consultant under
this Contract, the Client shall make such payments to the Consultant for the
deliverables specified in Appendix A and in such manner as is provided by
GCC F below.

F. PAYMENTS TO THE CONSULTANT


38. Contract Price

38.1
The Contract price is fixed and is set forth in the SCC. The Contract
price breakdown is provided in Appendix C.
38.2
Any change to the Contract price specified in Clause 38.1 can be
made only if the Parties have agreed to the revised scope of Services
pursuant to Clause GCC 16 and have amended in writing the Terms of
Reference in Appendix A.

39. Taxes and Duties

39.1
The Consultant, Sub-consultants and Experts are responsible for
meeting any and all tax liabilities arising out of the Contract unless it is
stated otherwise in the SCC.
39.2
As an exception to the above and as stated in the SCC, all local
identifiable indirect taxes (itemized and finalized at Contract negotiations)
are reimbursed to the Consultant or are paid by the Client on behalf of the
Consultant.

40. Currency of Payment

40.1
Any payment under this Contract shall be made in the currency
(ies) of the Contract.

41. Mode of Billing and


Payment

41.1
The total payments under this Contract shall not exceed the
Contract price set forth in Clause GCC 38.1.
41.2
The payments under this Contract shall be made in lump-sum
installments against deliverables specified in Appendix A. The payments
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will be made according to the payment schedule stated in the SCC.


41.2.1
Advance payment: Unless otherwise indicated in the SCC,
an advance payment shall be made against an advance payment bank
guarantee acceptable to the Client in an amount (or amounts) and in a
currency (or currencies) specified in the SCC. Such guarantee (i) is
to remain effective until the advance payment has been fully set off,
and (ii) is to be in the form set forth in Appendix D, or in such other
form as the Client shall have approved in writing. The advance
payments will be set off by the Client in equal portions against the
lump-sum installments specified in the SCC until said advance
payments have been fully set off.
41.2.2
The Lump-Sum Installment Payments. The Client shall pay
the Consultant within sixty (60) days after the receipt by the Client of
the deliverable(s) and the cover invoice for the related lump-sum
installment payment. The payment can be withheld if the Client does
not approve the submitted deliverable(s) as satisfactory in which case
the Client shall provide comments to the Consultant within the same
sixty (60) days period. The Consultant shall thereupon promptly
make any necessary corrections, and thereafter the foregoing process
shall be repeated.
41.2.3
The Final Payment .The final payment under this Clause
shall be made only after the final report l have been submitted by the
Consultant and approved as satisfactory by the Client. The Services
shall then be deemed completed and finally accepted by the Client. The
last lump-sum installment shall be deemed approved for payment by the
Client within ninety (90) calendar days after receipt of the final report
by the Client unless the Client, within such ninety (90) calendar day
period, gives written notice to the Consultant specifying in detail
deficiencies in the Services, the final report. The Consultant shall
thereupon promptly make any necessary corrections, and thereafter
the foregoing process shall be repeated. 41.2.4 All payments under
this Contract shall be made to the accounts of the Consultant
specified in the SCC.
41.2.4
With the exception of the final payment under 41.2.3 above,
payments do not constitute acceptance of the whole Services nor
relieve the Consultant of any obligations hereunder.
42. Interest on Delayed
Payments

42.1
If the Client had delayed payments beyond fifteen (15) days after
the due date stated in Clause GCC 41.2.2 , interest shall be paid to the
Consultant on any amount due by, not paid on, such due date for each day
of delay at the annual rate stated in the SCC.

G. FAIRNESS AND GOOD FAITH


43. Good Faith

43.1
The Parties undertake to act in good faith with respect to each
others rights under this Contract and to adopt all reasonable measures to

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ensure the realization of the objectives of this Contract.

H. SETTLEMENT OF DISPUTES
44. Amicable Settlement

44.1
The Parties shall seek to resolve any dispute amicably by mutual
consultation.
44.2
If either Party objects to any action or inaction of the other Party,
the objecting Party may file a written Notice of Dispute to the other Party
providing in detail the basis of the dispute. The Party receiving the Notice
of Dispute will consider it and respond in writing within fourteen (14) days
after receipt. If that Party fails to respond within fourteen (14) days, or the
dispute cannot be amicably settled within fourteen (14) days following the
response of that Party, Clause GCC 49.1 shall apply.

45. Dispute Resolution

45.1
Any dispute between the Parties arising under or related to this
Contract that cannot be settled amicably may be referred to by either Party
to the adjudication/arbitration in accordance with the provisions specified
in the SCC.

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II. General Conditions


Attachment 1: Banks Policy Corrupt and Fraudulent
Practices
(the text in this Attachment 1 shall not be modified)
Guidelines for Selection and Employment of Consultants under IBRD Loans and IDA Credits
& Grants by World Bank Borrowers, dated January 2011:
Fraud and Corruption
1.23 It is the Banks policy to require that Borrowers (including beneficiaries of Bank loans),
consultants, and their agents (whether declared or not), sub-contractors, sub-consultants, service
providers, or suppliers, and any personnel thereof, observe the highest standard of ethics during the
selection and execution of Bank-financed contracts [footnote: In this context, any action taken by a
consultant or any of its personnel, or its agents, or its sub-consultants, sub-contractors, services
providers, suppliers, and/or their employees, to influence the selection process or contract execution
for undue advantage is improper.]. In pursuance of this policy, the Bank:
(a) defines, for the purposes 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 party12;


(ii) fraudulent practice is any act or omission, including misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to
avoid an obligation13;
(iii) collusive practices is an arrangement between two or more parties designed to achieve an
improper purpose, including to influence improperly the actions of another party14;
(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 improperly the actions of a
party15;
(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
12

For the purpose of this sub-paragraph, another party refers to a public official acting in relation to the selection process
or contract execution. In this context public official includes World Bank staff and employees of other organizations
taking or reviewing selection decisions.
13

For the purpose of this sub-paragraph, party refers to a public official; the terms benefit and obligation relate to the
selection process or contract execution; and the act or omission is intended to influence the selection process or contract
execution.
14

For the purpose of this sub-paragraph, parties refers to participants in the procurement or selection process (including
public officials) attempting either themselves, or through another person or entity not participating in the procurement or
selection process, to simulate competition or to establish prices at artificial, non-competitive levels, or are privy to each
others bid prices or other conditions.
15

For the purpose of this sub-paragraph, party refers to a participant in the selection process or contract execution.

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II. General Conditions of Contract Attachment 1

impede a Bank investigation into allegations of a corrupt, 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 Banks inspection and audit
rights;
(b) will reject a proposal for award if it determines that the consultant recommended for award or any
of its personnel, or its agents, or its sub-consultants, sub-contractors, services providers, suppliers,
and/or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices in competing for the contract in question;
(c) will declare misprocurement and cancel the portion of the Loan allocated to a contract if it
determines at any time that representatives of the Borrower or of a recipient of any part of the
proceeds of the Loan were engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices during the selection process or the implementation of the contract in question, without
the Borrower having taken timely and appropriate action satisfactory to the Bank to address such
practices when they occur, including by failing to inform the Bank in a timely manner they knew
of the practices;
(d) will sanction a firm or an individual at any time, in accordance with prevailing Banks sanctions
procedures16, including by publicly declaring such firm or an ineligible, either indefinitely or for a
stated period of time: (i) to be awarded a Bank-financed contract, and (ii) to be a nominated17
sub-consultant, supplier, or service provider of an otherwise eligible firm being awarded a Bankfinanced contract.

16

A firm or an individual may be declared ineligible to be awarded a Bank-financed contract upon (i) completion of the
Banks sanctions proceedings as per its sanctions procedures, including inter alia: cross-debarment as agreed with other
International Financial Institutions, including Multilateral Development Banks, and through the application of the World
Bank Group corporate administrative procurement sanctions procedures for fraud and corruption; and (ii) as a result of
temporary suspension or early temporary suspension in connection with an ongoing sanctions proceedings. See footnote 12
and paragraph 8 of Appendix 1 of these Guidelines.
17

A nominated sub-consultant, supplier, or service provider is one which has been either (i) included by the consultant in its
proposal because it brings specific and critical experience and know-how that are accounted for in the technical evaluation
of the consultants proposal for the particular services; or (ii) appointed by the Borrower.

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III.

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Special Conditions of Contract

[Notes in brackets are for guidance purposes only and should be deleted in the final text of the signed
contract]
Number of GC
Clause

Amendments of, and Supplements to, Clauses in the General Conditions


of Contract

1.1(b) and 3.1

The Contract shall be construed in accordance with the law of Republic of


Kenya

4.1

The language is: English

6.1 and 6.2

The addresses are:


Client :
Nile Basin Initiative / Nile Equatorial Lakes Subsidiary Action
Program
Attention :
Regional Coordinator
KN 81 St., Kigali City Tower 5th Floor
B.P. 6759 Kigali Rwanda
E-mail (where permitted):
Consultant :
Attention :
Facsimile :
E-mail (where permitted) :

8.1

[If the Consultant consists only of one entity, state N/A;


OR
If the Consultant is a Joint Venture consisting of more than one entity, the
name of the JV member whose address is specified in Clause SCC6.1 should
be inserted here. ]
The Lead Member on behalf of the JV is ___________
______________________________ [insert name of the member]

9.1

The Authorized Representatives are:


For the Client: NELSAP Regional Coordinator
For the Consultant: [name, title]

11.1

The effectiveness conditions are the following: Endorsement of contract by


parties to it.

12.1

Termination of Contract for Failure to Become Effective:


The time period shall be 1 month.

13.1

Commencement of Services:
The number of days shall be fourteen (14)
Confirmation of Key Experts availability to start the Assignment shall be
submitted to the Client in writing as a written statement signed by each Key
Expert.

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14.1

Expiration of Contract: December 2016


The time period shall be 18 months

19.1.1(e)

After Task 16 of Feasibility Study Reports Selection of Preferred Design


Alternatives, the Client reserves the right to confirm to the Consultant if the
assignment will proceed further or not subject to viability of the identified
development alternatives.

21 b.

The Client reserves the right to determine on a case-by-case basis whether


the Consultant should be disqualified from providing goods, works or nonconsulting services due to a conflict of a nature described in Clause GCC
21.1.3
Yes______

23.1

The following limitation of the Consultants Liability towards the Client can
be subject to the Contracts negotiations:
Limitation of the Consultants Liability towards the Client:
(a)
Except in the case of gross negligence or willful misconduct on the
part of the Consultant or on the part of any person or a firm acting on behalf
of the Consultant in carrying out the Services, the Consultant, with respect
to damage caused by the Consultant to the Clients property, shall not be
liable to the Client:
(i) for any indirect or consequential loss or damage; and
(ii)

for any direct loss or damage that exceeds one times the total
value of the Contract;

(b) This limitation of liability shall not


(i) affect the Consultants liability, if any, for damage to Third
Parties caused by the Consultant or any person or firm acting on
behalf of the Consultant in carrying out the Services;
(ii) be construed as providing the Consultant with any limitation or
exclusion from liability which is prohibited by the Applicable Law.
[Notes to the Client and the Consultant: Any suggestions made by the
Consultant in the Proposal to introduce exclusions/limitations of the
Consultants liability under the Contract should be carefully scrutinized by
the Client and discussed with the Bank prior to accepting any changes to
what was included in the issued RFP. In this regard, the Parties should be
aware of the Banks policy on this matter which is as follows:
To be acceptable to the Bank, any limitation of the Consultants liability
should at the very least be reasonably related to (a) the damage the
Consultant might potentially cause to the Client, and (b) the Consultants
ability to pay compensation using its own assets and reasonably obtainable
insurance coverage. The Consultants liability shall not be limited to less

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than a multiplier of the total payments to the Consultant under the Contract
for remuneration and reimbursable expenses. A statement to the effect that
the Consultant is liable only for the re-performance of faulty Services is not
acceptable to the Bank. Also, the Consultants liability should never be
limited for loss or damage caused by the Consultants gross negligence or
willful misconduct.
The Bank does not accept a provision to the effect that the Client shall
indemnify and hold harmless the Consultant against Third Party claims,
except, of course, if a claim is based on loss or damage caused by a default
or wrongful act of the Client to the extent permissible by the law applicable
in the Clients country.]
24.1

The insurance coverage against the risks shall be as follows:


(a) Professional liability insurance, with a minimum coverage of 100% of the
total ceiling amount of the Contract;
(b) Third Party motor vehicle liability insurance in respect of motor
vehicles operated in the Clients country by the Consultant or its
Experts or Sub-consultants, with a minimum coverage in accordance
with the applicable law in the Clients country;
(c) Third Party liability insurance, with a minimum coverage in
accordance with the applicable law in the Clients country;
(d) employers liability and workers compensation insurance in respect of
the experts and Sub-consultants in accordance with the relevant
provisions of the applicable law in the Clients country, as well as, with
respect to such Experts, any such life, health, accident, travel or other
insurance as may be appropriate; and
(e) insurance against loss of or damage to (i) equipment purchased in
whole or in part with funds provided under this Contract, (ii) the
Consultants property used in the performance of the Services, and (iii)
any documents prepared by the Consultant in the performance of the
Services.

27.2

The Consultant shall not use the study reports for purposes unrelated to this
Contract without the prior written approval of the Client.]

38.1

The Contract price is: ____________________ [insert amount and currency


for each currency as applicable] exclusive of local indirect taxes.

39.1 and 39.2

The Client warrants that: the Consultant, the Sub-consultants and the Experts
shall be exempt from any indirect taxes, duties, fees, levies and other
impositions imposed, under the applicable law in the Clients country, on the
Consultant, the Sub-consultants and the Experts in respect of:
(a)

any payments whatsoever made to the Consultant, Sub-consultants and


the Experts (other than nationals or permanent residents of the Clients
country), in connection with the carrying out of the Services;

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(b)

any equipment, materials and supplies brought into the Clients country
by the Consultant or Sub-consultants for the purpose of carrying out
the Services and which, after having been brought into such territories,
will be subsequently withdrawn by them;

(c)

any equipment 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 Clients country by the Consultant, any
Sub-consultants or the Experts (other than nationals or permanent
residents of the Clients country), or the eligible dependents of such
experts for their personal use and which will subsequently be
withdrawn by them upon their respective departure from the Clients
country, provided that:
(i) the Consultant, Sub-consultants and experts shall follow the
usual customs procedures of the Clients country in importing
property into the Clients country; and
(ii) if the Consultant, Sub-consultants or Experts do not withdraw
but dispose of any property in the Clients country upon which
customs duties and taxes have been exempted, the Consultant,
Sub-consultants or Experts, as the case may be, (a) shall bear
such customs duties and taxes in conformity with the regulations
of the Clients country, or (b) shall reimburse them to the Client
if they were paid by the Client at the time the property in
question was brought into the Clients country.

41.2

The payment schedule:

1st Payment of 10% of the Contract Price shall be paid on submission of


an acceptable Bank Guarantee for Advance Payment of the same amount
2nd Payment of 10% of the Contract Price shall be paid on submission of
an acceptable Inception Report
3rd Payment of 20% of the Contract Price shall be paid upon submission
of acceptable Interim Report
4th Payment of 30% of the Contract Price shall be paid upon submission
of acceptable Final Feasibility Report

Note: In case identified development options are found viable and agreed by
the Client, the assignment will proceed with further payments effected as
detailed below. Otherwise, the Contract will be terminated, thus making the
4th payment the Final payment for the contract.

5th payment of 20% of the Contract Price shall be paid upon submission
of an acceptable Draft Detailed Design Report
6th and Final payment of 10% of the Contract Price shall be paid upon
submission of an acceptable Final Detailed Design Report

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41.2.1

The following provisions shall apply to the advance payment and the advance
bank payment guarantee:
(1) An advance payment of 10% of contract sum in foreign currency shall
be made within fourteen (14) days after the receipt of an advance bank
payment guarantee by the Client. The advance payment will be set off
by the Client in equal portions against submission of acceptable (i)
Inception Report, (ii) Interim Report, and (iii) Final Feasibility
Report.
(2) The advance bank payment guarantee shall be in the amount and in the
currency of the currency (ies) of the advance payment.
(3) The bank guarantee will be released when the advance payment has
been fully set off.

41.2.4

The accounts are:


for foreign currency: [insert account]; for local currency: [insert account].

42.1

The interest rate is: Consultants bank rate at the time interest becomes
applicable.

45.1

Disputes shall be settled by arbitration in accordance with the following


provisions:
1.

Selection of Arbitrators. Each dispute submitted by a Party to


arbitration shall be heard by a sole arbitrator or an arbitration panel
composed of three (3) arbitrators, in accordance with the following
provisions:
(a) Where the Parties agree that the dispute concerns a technical
matter, they may agree to appoint a sole arbitrator or, failing
agreement on the identity of such sole arbitrator within thirty
(30) days after receipt by the other Party of the proposal of a
name for such an appointment by the Party who initiated the
proceedings, either Party may apply to
the Federation
Internationale des Ingnieur-Conseil (FIDIC) of Lausanne,
Switzerland for a list of not fewer than five (5) nominees and, on
receipt of such list, the Parties shall alternately strike names
therefrom, and the last remaining nominee on the list shall be the
sole arbitrator for the matter in dispute. If the last remaining
nominee has not been determined in this manner within sixty
(60) days of the date of the list, the Fdration Internationale des
Ingnieurs-Conseils (FIDIC) of Lausanne, Switzerland shall
appoint, upon the request of either Party and from such list or
otherwise, a sole arbitrator for the matter in dispute.
(b)

Where the Parties do not agree that the dispute concerns a


technical matter, the Client and the Consultant shall each appoint
one (1) arbitrator, and these two arbitrators shall jointly appoint a
third arbitrator, who shall chair the arbitration panel. If the
arbitrators named by the Parties do not succeed in appointing a
third arbitrator within thirty (30) days after the latter of the two
(2) arbitrators named by the Parties has been appointed, the third

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(c)

2.

3.

4.

5.

Lump-Sum

arbitrator shall, at the request of either Party, be appointed by the


Secretary General of the Permanent Court of Arbitration, The
Hague;.
If, in a dispute subject to paragraph (b) above, one Party fails to
appoint its arbitrator within thirty (30) days after the other Party
has appointed its arbitrator, the Party which has named an
arbitrator may apply to the Secretary General of the Permanent
Court of Arbitration, The Hague to appoint a sole arbitrator for
the matter in dispute, and the arbitrator appointed pursuant to
such application shall be the sole arbitrator for that dispute.

Rules of Procedure. Except as otherwise stated herein, arbitration


proceedings shall be conducted in accordance with the rules of
procedure for arbitration of the United Nations Commission on
International Trade Law (UNCITRAL) as in force on the date of this
Contract.
Substitute Arbitrators. If for any reason an arbitrator is unable to
perform his/her function, a substitute shall be appointed in the same
manner as the original arbitrator.
Nationality and Qualifications of Arbitrators. The sole arbitrator or the
third arbitrator appointed pursuant to paragraphs 1(a) through 1(c)
above shall be an internationally recognized legal or technical expert
with extensive experience in relation to the matter in dispute and shall
not be a national of the Consultants home country [If the Consultant
consists of more than one entity, add: or of the home country of any of
their members or Parties] or of the Governments country. For the
purposes of this Clause, home country means any of:
(a) the country of incorporation of the Consultant [If the Consultant
consists of more than one entity, add: or of any of their members
or Parties]; or
(b) the country in which the Consultants [or any of their members
or Parties] principal place of business is located; or
(c) the country of nationality of a majority of the Consultants [or of
any members or Parties] shareholders; or
(d) the country of nationality of the Sub-consultants concerned,
where the dispute involves a subcontract.
Miscellaneous. In any arbitration proceeding hereunder:
(a) proceedings shall, unless otherwise agreed by the Parties, be held
in Rwanda
(b) the English language shall be the official language for all
purposes; and
(c) the decision of the sole arbitrator or of a majority of the
arbitrators (or of the third arbitrator if there is no such majority)
shall be final and binding and shall be enforceable in any court of
competent jurisdiction, and the Parties hereby waive any
objections to or claims of immunity in respect of such
enforcement.

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IV.

Appendices

APPENDIX A TERMS OF REFERENCE


[This Appendix shall include the final Terms of Reference (TORs) worked out by the Client and the
Consultant during the negotiations; dates for completion of various tasks; location of performance for
different tasks; detailed reporting requirements and list of deliverables against which the payments to
the Consultant will be made; Clients input, including counterpart personnel assigned by the Client to
work on the Consultants team; specific tasks or actions that require prior approval by the Client.
Insert the text based on the Section 7 (Terms of Reference) of the ITC in the RFP and modified based
on the Forms TECH-1 through TECH-5 of the Consultants Proposal. Highlight the changes to
Section 7 of the RFP]

APPENDIX B - KEY EXPERTS


[Insert a table based on Form TECH-6 of the Consultants Technical Proposal and finalized at the
Contracts negotiations. Attach the CVs (updated and signed by the respective Key Experts)
demonstrating the qualifications of Key Experts.]

APPENDIX C BREAKDOWN OF CONTRACT PRICE


[Insert the table with the unit rates to arrive at the breakdown of the lump-sum price. The table shall be
based on [Form FIN-3 and FIN-4] of the Consultants Proposal and reflect any changes agreed at the
Contract negotiations, if any. The footnote shall list such changes made to [Form FIN-3 and FIN-4] at the
negotiations or state that none has been made.]

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Model Form I
Breakdown of Agreed Fixed Rates in Consultants Contract
We hereby confirm that we have agreed to pay to the Experts listed, who will be involved in performing the Services, the basic fees and
away from the home office allowances (if applicable) indicated below:
(Expressed in [insert name of currency])*
Experts

Name

Position

Basic
Remuneration
rate per
Working
Month/Day/Year

Social
1
Charges

Overhead1 Subtotal

Profit

Away from
Home Office
Allowance

Agreed Fixed Rate


per Working
Month/Day/Hour

Agreed Fixed Rate


per Working
1
Month/Day/Hour

Home Office
Work in the Clients
Country

1
2

Expressed as percentage of 1
Expressed as percentage of 4
If more than one currency, add a table

Signature

Date

Name and Title:

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APPENDIX D - FORM OF ADVANCE PAYMENTS GUARANTEE


[See Clause GCC 41.2.1 and SCC 41.2.1]
Bank Guarantee for Advance Payment
_____________________________ [Banks Name, and Address of Issuing Branch or Office]
Beneficiary: _________________ [Name and Address of Client]
Date: ________________
ADVANCE PAYMENT GUARANTEE No.: _________________
We have been informed that ____________ [name of Consultant or a name of the Joint Venture, same
as appears on the signed Contract] (hereinafter called "the Consultant") has entered into Contract No.
_____________ [reference number of the contract] dated ____________ with you, for the provision
of __________________ [brief description of Services] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an advance payment in
the sum of ___________ [amount in figures] (
) [amount in words] is to be made against
an advance payment guarantee.
At the request of the Consultant, we _______________ [name of bank] hereby irrevocably undertake
to pay you any sum or sums not exceeding in total an amount of ___________ [amount in figures] (
) [amount in words]1 upon receipt by us of your first demand in writing accompanied by a written
statement stating that the Consultant are in breach of their obligation under the Contract because the
Consultant have used the advance payment for purposes other than toward providing the Services
under the Contract.
It is a condition for any claim and payment under this guarantee to be made that the advance payment
referred to above must have been received by the Consultant on their account number ___________ at
_________________ [name and address of bank].
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance
payment repaid by the Consultant as indicated in copies of certified monthly statements which shall be
presented to us. This guarantee shall expire, at the latest, upon our receipt of the monthly payment
certificate indicating that the Consultant has made full repayment of the amount of the advance
payment, or on the __ day of ___________, 2___,2 whichever is earlier. Consequently, any demand
for payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.
_____________________
[Signature]
Note: All italicized text is for indicative purposes only to assist in preparing this form and shall be
deleted from the final product.

1
2

The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency(ies) of the
advance payment as specified in the Contract, or in a freely convertible currency acceptable to the Client.
Insert the expected expiration date. In the event of an extension of the time for completion of the Contract, the Client would need to
request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date
established in the guarantee. In preparing this guarantee, the Client might consider adding the following text to the form, at the end of the
penultimate paragraph: The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year],
in response to the Clients written request for such extension, such request to be presented to the Guarantor before the expiry of the
guarantee.

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