Selection Consulting Services

USER’S GUIDE ON THE
SELECTION OF CONSULTING
SERVICES FOR BORROWERS
STANDARD REQUEST FOR PROPOSALS
MARCH 2022
ASIAN DEVELOPMENT BANK

USER’S GUIDE ON THE
SELECTION OF CONSULTING
SERVICES FOR BORROWERS
STANDARD REQUEST FOR PROPOSALS
MARCH 2022

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(CC BY-NC-ND 3.0 IGO)
© 2022 Asian Development Bank

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Some rights reserved. Published in 2022.
ISBN 978-92-9269-408-1 (print); 978-92-9269-409-8 (electronic)

Publication Stock No. TIM220109-2
DOI: http://dx.doi.org/10.22617/TIM220109-2
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Note:
In this publication, “$” refers to United States dollars.
The second version of the User’s Guide on the Selection of Consulting Services for Borrowers, Standard Request for
Proposals, is intended for projects governed by the Asian Development Bank (ADB) Procurement Policy: Goods,
Works, Nonconsulting and Consulting Services (2017, as amended from time to time) (Policy) and the Procurement
Regulations for ADB Borrowers: Goods, Works, Nonconsulting and Consulting Services (2017, as amended from
time to time) (Procurement Regulations). The SRFP can also be used for projects under The Guidelines on the Use of
Consultants by ADB and Its Borrowers (2013, as amended from time to time) (Consulting guidelines).
Printed on recycled paper

iii
Contents
Abbreviations��iv
Introduction��1
The Recruitment Process��3
Flowchart: Executing Agency-Administered Consulting Firm Recruitment, with Prior Review by ADB��7
Preparing the Request for Proposal (RFP)��8
Preliminaries��9
Section 1: Letter of Invitation�� 19

This section is a template of a letter from the Client addressed to a shortlisted consulting firm inviting it to submit
a proposal for a consulting assignment. The Letter of Invitation (LOI) includes a list of all shortlisted firms to whom
similar letters of invitation are sent, and a reference to the selection method and applicable guidelines or policies
of the financing institution that govern the selection and award process.
Section 2: Instructions to Consultants and Data Sheet�� 26

This section consists of two parts: “Instructions to Consultants” and “Data Sheet”. “Instructions to Consultants” contains
provisions that are to be used without modifications. “Data Sheet” contains information specific to each selection and
corresponds to the clauses in “Instructions to Consultants” that call for selection-specific information to be added.
This Section provides information to help shortlisted consultants prepare their proposals. Information is also provided on
the submission, opening, and evaluation of proposals, contract negotiation and award of contract. Information in the Data
Sheet indicates whether a Full Technical Proposal, Simplified Technical Proposal, or Biodata Technical Proposal shall be used.
Summary and Personnel Evaluation Forms and Grounds for Disqualification of the Experts are attached to the Data Sheet.
Quick Guide to the Instructions to Consultants, Data Sheet, and Selection Methods��88
Section 3: Technical Proposal—Standard Forms�� 95

This section includes the forms for Full Technical Proposal, Simplified Technical Proposal, or Biodata Technical Proposal
that are to be completed by the shortlisted consultants and submitted in accordance with the requirements of Section 2.
Section 4: Financial Proposal—Standard Forms�� 111

This section includes the financial forms that are to be completed by the shortlisted consultants, including the consultant’s
costing of its technical proposal, which are to be submitted in accordance with the requirements of Section 2.
Section 5: Eligible Countries�� 121

This section contains information regarding eligible countries.
Section 6: Anticorruption Policy�� 123

This section provides shortlisted consultants with the reference to ADB’s policy in regard to corrupt and fraudulent
practices, and the conduct of all parties involved in the selection process and the execution of the contract.
This Section is also incorporated in the standard forms of contract (Section 8) as Attachment 1.
iv CONTENTS
Section 7: Terms of Reference (TOR)�� 126

This section describes the scope of services, objectives, goals, specific tasks required to implement the assignment,
and relevant background information; provides details on the required qualifications of the key experts; and lists
the expected deliverables. This section shall not be used to overwrite provisions in Section 2.
Section 8: Conditions of Contract and Contract Forms�� 128

This section includes two types of standard contract forms for large or complex assignments: a Time-Based Contract
and a Lump Sum Contract. Each type includes General Conditions of Contract that shall not be modified, and
Special Conditions of Contract. The Special Conditions of Contract include clauses specific to each contract
to supplement the General Conditions.
Each standard form of contract incorporates ADB’s Anticorruption Policy; Standards of Conduct (Section 6) in
a form of Attachment 1.
Harmonized Standard Form of Contract: Consultant’s Services—Time-Based�� 129

Harmonized Standard Form of Contract: Consultant’s Services—Lump Sum�� 190
Special Topics�� 243

Executing Agency (EA)-Administered Loan/Grant Selections Delegated to ADB�� 243
Summary of Tax Provisions in the Request for Proposals (RFP)�� 244
v
Abbreviations
ADB ............................ Asian Development Bank
BTP.............................. biodata technical proposal
CMS............................ consultant management system
CQS............................. consultants’ qualification selection
CSC ............................ consultant selection committee
CSRN ......................... consulting services recruitment notice
CV................................ curriculum vitae
EA................................ executing agency
EOI.............................. expression of interest
ETP.............................. evaluated total price
FBS.............................. fixed-budget selection
FTP.............................. full technical proposal
ICS .............................. individual consultant selection
ITC............................... Instructions to Consultants
LCS.............................. least-cost selection
MDB ........................... multilateral development bank
OAI.............................. Office of Anticorruption and Integrity
OCB............................ open competitive bidding
PES............................... personnel evaluation sheet
QBS............................. quality-based selection
QCBS.......................... quality- and cost-based selection
REOI........................... request for expression of interest
RFP.............................. request for proposals
SES............................... summary evaluation sheet
SRFP............................ standard request for proposal
SSS............................... single-source selection or direct contracting
STP.............................. simplified technical proposal
TOR ............................ terms of reference
UN............................... United Nations

1
Introduction
The second version of the User’s Guide on the Selection of Consulting Services for Borrowers, Standard Request for
Proposals, is intended for projects governed by the Asian Development Bank (ADB) Procurement Policy: Goods,
Works, Nonconsulting and Consulting Services (2017, as amended from time to time) (Policy) and the Procurement
Regulations for ADB Borrowers: Goods, Works, Nonconsulting and Consulting Services (2017, as amended from
time to time) (Procurement Regulations). The SRFP can also be used for projects under the Guidelines on The Use
of Consultants by ADB and Its Borrowers (2013, as amended from time to time) (Consulting Guidelines).
This user’s guide has been prepared by ADB for borrowers to use in the procurement of consulting services using
the SRFP. The procedures and practices presented in the SRFP have been developed based on international
experience and on the Master Procurement Document for Selection of Consultants (Master Document) prepared
by multilateral development banks (MDBs) and other public international financial institutions. They are structured
according to and contain the provisions of the Master Document, except where ADB-specific considerations have
required a change.
The SRFP must be used for the procurement of consulting services for loans, grants, and delegated1 technical
assistance (TA) financed in whole or in part by ADB or by ADB-administered funds unless ADB agrees to the use
of other acceptable requests for proposals (RFP).
The text that is shown in italics and within note boxes guides the user in preparing a request for proposals (RFP) and
should be deleted from the RFP when it is issued to shortlisted consultants.2
This user’s guide covers the different selection methods described in the Consulting Guidelines and the Procurement
Regulations, including:
1. Quality- and Cost-Based Selection (QCBS),
2. Quality-Based Selection (QBS),
3. Fixed-Budget Selection (FBS),
4. Least-Cost Selection (LCS),
5. Consultants Qualifications Selection (CQS); and
6. Direct Contracting, also referred to as Single-Source Selection (SSS).
The use of the SRFP is not required for selections conducted under commercial practices, selection of individual
consultants, and TA selections through ADB’s online Consultant Management System (CMS).
For loan and grant selections delegated to ADB, a short write-up including the basis for delegation, and additional
references have been included under the Special Topics section below.

1
TA may be delegated through a memorandum of understanding with the recipient government to the Executing Agency for the
recruitment and supervision of TA consultants.

2
Shortlisted consultant means a legally established entity providing consulting services that has been invited by the borrower to
submit a proposal.
2 USER’S GUIDE ON THE SELECTION OF CONSULTING SERVICES FOR BORROWERS
Before preparing an RFP for a specific assignment, the user must be familiar with the Policy, the Procurement
Regulations for ADB Borrowers, and must have chosen an appropriate selection method and the appropriate
contract form. Note that for specific issues, the executing agency (through the ADB User Unit) should consult the
assigned ADB PPFD Procurement Specialist.
The SRFP includes two standard forms of contract: one for time-based assignments and the other for lump sum
assignments. Section 8 of the RFP (Conditions of Contract and Contract Forms), which precedes the two contracts,
indicates the circumstances in which their use is most appropriate.
Use of a single RFP for multiple selections resulting in multiple contract awards is not permissible.
During the evaluation of Expressions of Interest (EOI) stage, users are advised to reconfirm the identity and
eligibility of the consultants submitting proposals to ensure:
1. that there had been no transfer of invitation to another party;
2. that if selected, the consultants have the legal capacity to enter into binding and enforceable contracts;
and
3. compliance with ADB’s Integrity Principles and Guidelines3 (2015, as amended from time to time),
which prohibits the participation of debarred entities (including consultants, sub- consultants, joint
venture partners, and experts) in all ADB related activities.
Users are also advised to follow ADB’s Guidance Note on Financial Proposal Evaluation.4
An important feature of the SRFP is that it can be used with minimum changes, as it does not contain explanations,
footnotes, or examples that should not form part of the RFP.
ADB welcomes any feedback or experiences from both borrowers and bidders on the use of its SRFP. For information
on procurement under ADB-financed and Borrower-Administered selections, contact:
PPFD Procurement Specialist

Loan Consulting Unit (LCU)
Procurement, Portfolio, and Financial Management Department (PPFD)
Asian Development Bank
6 ADB Avenue, Mandaluyong City
1550 Metro Manila, Philippines
E-mail: [email protected]

3
ADB. 2015. Integrity Principles and Guidelines. Manila. https://www.adb.org/documents/integrity-principles-and-guidelines.

4
ADB. 2021. Guidance Note on Financial Proposal Evaluation (for Loans/Grants). https://www.adb.org/documents/guidance-
note-financial-proposal-evaluation-loans-grants.
3
The Recruitment Process

The process for recruitment of consultants for loans, grants, and delegated technical assistance (TA) projects
financed in whole or in part by ADB, or ADB-administered funds includes six main phases:
1. advertisement and shortlisting,
2. preparing and issuing a request for proposals (RFP),
3. proposal preparation and submission,
4. proposal opening,
5. proposal evaluation, and
6. contract award.
Advertisement and Shortlisting

For open competitive bidding (OCB) assignments, following the Procurement Regulations for ADB Borrowers:
Goods, Works, Nonconsulting and Consulting Services (2017, as amended from time to time) (Procurement
Regulations), the request for expression of interest (REOI) must be advertised on ADB’s CMS using a Consulting
Services Recruitment Notice (CSRN), and optionally, in a newspaper of national circulation (at least in one English
language newspaper/publication, if available) or on an appropriate website in the borrower’s country.
However, when foreign bidders are unlikely to participate and as agreed with ADB in the Procurement Plan, the
REOI may be advertised solely in a national press or official gazette or a free and publicly accessible website in the
borrower’s country.5
Advertisement in CMS using the CSRN is mandatory for internationally advertised assignments and strongly
encouraged for national consulting assignments.
The REOI will set out the selection criteria for shortlisting of consultants in accordance with the Consulting Guidelines
or the Procurement Regulations, whichever is applicable. The RFP will be issued to shortlisted consultants.
Preparing and Issuing the Request for Proposal

The executing agency, which signs the contract, is referred hereto as the “Client.” The Client is responsible for
preparing and issuing the RFP for a specific contract.
The Client shall prepare the RFP using the published version of the SRFP on the ADB website without any
modification to Section 2 (Instructions to Consultants), Section 6 (Anticorruption Policy; Standards of Conduct),
and Section 8 II (General Conditions of Contract). The Client must provide all information and data particular to
each recruitment process in the following sections of the RFP:

5
See para. 10, Appendix 3 of the Procurement Regulations for ADB Borrowers. https://www.adb.org/documents/
procurement-regulations-adb-borrowers.
• Section 1 Letter of Invitation

• Section 2 Data Sheet (including appendixes)
• Section 3 Technical Proposal—Standard Forms
• Section 4 Financial Proposal—Standard Forms
• Section 5 Eligible Countries
• Section 7 Terms of Reference
• Section 8 III Special Conditions of Contract
The Client should note the following when finalizing the RFP:
• Specific details, such as the name of the Client, address for proposal submissions, name of consulting
services assignment, selection method, etc. should be provided in the spaces indicated.
• The italicized notes and highlighted note boxes provide guidance and instructions for the Client within
the letter of invitation (Section 1), the data sheet (Section 2), the terms of reference (Section 7), and the
special conditions of the contract (Section 8 III). Such italicized notes and highlighted note boxes should
be deleted once the RFP is finalized and prior to issuance to the shortlisted consultants.
• Italicized notes and highlighted note boxes specifically meant for shortlisted consultants within the data
sheet (Section 2) and the special conditions of contract (Section 8 III) and marked “DO NOT MODIFY”
should be retained.
• Italicized notes within technical proposal forms (Section 3) and financial proposal forms (Section 4)
should not be deleted from the final RFP document issued.
• Where alternative clauses or text are shown, the Client shall select the most appropriate option for the
particular consulting services and discard the unused clauses or text.
The Client shall allow shortlisted consultants sufficient time (depending on the type of proposal required, e.g., full
technical proposal (FTP), simplified technical proposal (STP), or biodata technical proposal (BTP) to study the
bidding document, prepare a complete and responsive proposal, and submit it on time.
THE RECRUITMENT PROCESS 5
Proposal Preparation and Submission

The shortlisted consultant is solely responsible for the preparation and submission of its proposal. During this
stage, the Client shall
• promptly respond to requests for clarifications from shortlisted consultants and amend the RFP as
needed, following RFP ITC 13.1,6 and ITC 13.1.
• following ITC 13.1.1,7 the executing agency sends a copy of clarifications and amendments to all
shortlisted firms, copied to ADB.
Proposal Opening
The Client is responsible for the opening of proposals, which is a critical event in the recruitment process.
The Client’s evaluation committee shall conduct the opening of proposals physically, or virtually, after the deadline
of proposals submission in the presence of the shortlisted consultants’ representative who chooses to attend.
The evaluation committee should ensure that the correct procedures are followed at the opening of proposals.
This is because inappropriate procedures are usually irreversible and may require cancellation of the recruitment
process, which will result in delays and waste of resources.
The Client, in observance of best practices, shall perform the following checks:
• Conduct the opening of technical proposals strictly following the procedures as specified in the
Instructions to Consultants (ITC) not later than the date and time of the proposal submission deadline.
The sequence in which proposals are handled, opened, and recorded is crucial.
• Ensure that all proposals that were received on time are accounted for, before opening the proposals
since proposals that are not opened and read out during the opening will no longer be considered.
• Reject proposals received after the proposal submission deadline.
• Examine opened proposals in accordance with the provisions of the ITC. The Client should keep a
record of the opening of technical proposals with the following information: the name and country of
the consultants, the presence or absence of a duly sealed envelope with the financial proposal, any
modifications to the proposal submitted prior to the proposal submission deadline, and any other
information deemed appropriate or as indicated in the Data Sheet. The envelopes with the financial
proposal must remain sealed and securely stored until they are opened in accordance with the ITC.

6
RFP ITC 13.1 “…Any request for clarification must be sent in writing, or by standard electronic means, to the Client’s 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.”

7
Following RFP ITC 13.1.1 “At any time before the proposal submission deadline, the Client may change 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.”
Proposal Evaluation and Contract Award

The Client is responsible for proposal evaluation and contract award. The Client shall appoint experienced staff
as members of the committee who will evaluate the technical and financial proposals. Mistakes committed at
proposal evaluation may later prompt complaints from shortlisted consultants, requiring the reevaluation of
the proposals.
The Client, in observance of best practices, shall
• confirm the absence of actual or potential conflict of interest;

• keep the proposal evaluation process strictly confidential;
• reject any attempts or pressure to distort the outcome of the evaluation, including fraud and corruption;8
• strictly apply the evaluation criteria specified in the RFP; and
• ensure that the evaluators of the technical proposals shall have no access to the financial proposals until
the technical evaluation is concluded and ADB has issued its “no objection”, if applicable.

8
CSC members must follow RFP Section 2, ITC 3 on Conflict of Interest, ITC 5 on Corrupt and Fraudulent Practices, and
Section 6. Bank’s Anticorruption Policy. For every submission for review by ADB, CSC members are also required to submit a
signed Statement on Ethical Conduct, template available in the ADB website https://www.adb.org/documents/recruitment-
firms-individual-consultants-executing-agencies.
7
Flowchart: Executing Agency-Administered

Consulting Firm Recruitment,
with Prior Review by ADB
ADB: Creating/updating
ADB: Inputting details of EA: Consulting Services
the Consultant Recruitment
consulting recruitment in the Recruitment Notice (CSRN)
Activity Monitoring (CRAM)
Procurement Plan in PRS posting via CMS
record in PRS
ADB: Review and approval

EA: Shortlisting and EA: Posting of Shortlisted
of Submission 1
preparation of Submission 1 Firms in ADB.org via CMS
(Draft RFP and Shortlist)
EA: Sending RFP,

receiving proposals, EA: Opening and evaluating
of Submission 2
evaluating technical financial proposals and
(Technical Proposal
proposals, and preparation preparation of Submission 3
Evaluation)
of Submission 2

EA: Contract negotiation
of Submission 3 EA: Posting of awarded
and Contract signing;
(Financial Proposal contracts should follow
Copy of contract sent
Evaluation and Final RFP Data Sheet 30.1
to ADB
Ranking)
Legend:
ADB Responsible EA Responsible
EA = executing agency, CMS = ADB Consultant Management System, PRS = ADB Procurement Review System.
8
Preparing the Request for Proposals

Download and use the latest version of the harmonized SRFP for the Recruitment of Consulting Firms, available at
https://www.adb.org/documents/recruitment-firms-individual-consultants-executing-agencies.
The same RFP can be used for selections governed by the 2013 Consulting Guidelines and 2017 Procurement
Policy/Regulations.
Summary of changes from the Previous SRFP is also available on the same web page, for reference.
Notes in the guide are color-coded for quick reference.
Delete – text or page meant to guide the user and can be deleted
Do Not Modify
Provide Required Information / Revision Required
Important
IMPORTANT:
This user’s guide was prepared for the SRFP template as of December 2021.
Future updates to the SRFP may render the help notes in this user guide obsolete.
For suggestions and updates to the User’s Guide, kindly send an e-mail to [email protected].
9
Preliminaries
Pages i to vii of the RFP are meant to guide the user and can be deleted.
Delete these pages, which are meant to familiarize the reader with the RFP:
• Page with ADB logo (page i)
Do Not Info
Delete Important
Modify Required
• Copyright page (page ii)
• Abbreviations (page iii)
Do Not Info
Delete Important
Modify Required
PRELIMINARIES 11
• Foreword (pages iv and v)
Do Not Info
Delete Important
Modify Required
• Summary Description (pages vi and vii)
Do Not Info
Delete Important
Modify Required
PRELIMINARIES 13
The first page of the RFP starts on page viii / 1–2.
Do Not Info
Delete Important
Modify Required
Front Page / First Page of the RFP
Provide Required Information
Do Not Info
Delete Important
Modify Required
PRELIMINARIES 15
For consistency, copy details from the approved Procurement Plan:9
• RFP/Package Number
• Assignment Title
• Client
• Country
• Project Name and Project Number
Insert actual RFP issuance date before sending out the RFP.
• Issuance Date
Preface
Provide Required Information
Insert the name of the implementing agency or executing agency that prepared the RFP.

9
For advance contracting, copy from draft Procurement Plan inputted in PRS.
Do Not Info
Delete Important
Modify Required
Table of Contents
Do Not Modify
A complete RFP contains all eight sections.
Do Not Info
Delete Important
Modify Required
PRELIMINARIES 17
Table of Clauses
Revise E. Data Sheet, Form TECH-4, and Section 8
Do Not Info
Delete Important
Modify Required
Portions of the second page of the Table of Clauses need to be revised:
• Section 2. E. Data Sheet – select the correct appendix and delete the other two.
• Section 3. Form TECH-4 – select one form and delete the other.
• Section 8 – select the correct contract form (Time-Based or Lump Sum) and delete the other.
There must only be one form of contract attached to the RFP.
Do Not Info
Delete Important
Modify Required
19
Section 1: Letter of Invitation

Addressee, Sender, and six paragraphs need to be edited in the LOI.
Addressee - EA must use the e-mail address provided by the firm in their EOI when sending the RFP
Addressee – good practice is to address the LOI separately to each shortlisted firm.
Do Not Info
Delete Important
Modify Required
Para. 1 – sample text for loan, grant- and loan/grant-funded assignments
Sample for loan-funded assignments with the approved loan agreement
1. The Formal_Name_of_Country hereinafter called “Client” has received financing from the Asian
Development Bank (the “Bank”) in the form of a loan toward the cost of Project_Name. The Name_of_
Executing_Agency, an executing agency of the Client, intends to apply a portion of the proceeds of this
loan 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 Client and upon approval by the Bank and will be subject, in
all respects, to the terms and conditions of the loan agreement. The loan agreement prohibits a withdrawal
from the loan 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.10 No party other than the
Client shall derive any rights from the loan agreement or have any claims to the proceeds of the loan.

10
Charter of the United Nations, Chapter 7. https://www.un.org/en/about-us/un-charter/chapter-7.
Do Not Info
Delete Important
Modify Required
LETTER OF INVITATION 21
Sample for grants/donor-funded assignments with approved grant financing
1. The Formal_Name_of_Country (the “Client”) has been allocated grant funds (the “Grant”) from
the Name_of_Donor_Fund which are administered by the Asian Development Bank (“the Bank”)
and executed by the Name_of_Executing_Agency. The Client 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 Client 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.11
No party other than the Client shall derive any rights from the grant agreement or have any claims to the
proceeds of the grant.
Sample for approved loan- and grant-funded assignments
1. The Formal_Name_of_Country hereinafter called “Client” has received financing from the Asian
Development Bank (the “Bank”) in the form of a loan toward the cost of Project_Name. The Client has
also been allocated grant funds (the “Grant”) from the Name_of_Donor_Fund which are administered
by the Asian Development Bank (“the Bank”) and executed by the Name_of_Executing_Agency.
The Client intends to apply a portion of the proceeds of the loan and grant 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 Client and upon approval by the Bank and will be subject, in all respects, to
the terms and conditions of the loan and grant agreements. The loan and grant agreements prohibit a
withdrawal from the loan and grant accounts 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
No party other than the Client shall derive any rights from the loan and grant agreements or have any
claims to the proceeds of the loan and grant.
Sample for advance contracting assignment
1. The Formal_Name_of_Country hereinafter called “Client” has applied for financing from the Asian
Development Bank (the “Bank”) in the form of a loan toward the cost of Project_Name. The Name_
of_Executing_Agency, an executing agency of the Client, intends to apply a portion of the proceeds of
this loan 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 Client and upon approval by the Bank, and will be
subject, in all respects, to the terms and conditions of the loan agreement. The loan agreement prohibits
a withdrawal from the loan 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
No party other than the Client shall derive any rights from the loan agreement or have any claims to the
proceeds of the loan.
11
Charter of the United Nations, Chapter VII. https://www.un.org/en/about-us/un-charter/chapter-7.
12
13
Do Not Info
Delete Important
Modify Required
Para. 2 – copy name of consulting services package from the approved Procurement Plan.
Note that a draft RFP with package name and number that is different from what is mentioned in the Procurement
Plan needs to be verified and confirmed by ADB during Submission 1 review.
2. The Client now invites bidders to submit proposals to provide the following consulting services (hereinafter
called “Services”): [insert: name of consulting services assignment]. More details on the Services are
provided in the Terms of Reference (Section 7).
Para. 3 – insert the list of Shortlisted Firms (Lead Firm, JV Partner, Sub-Consultant)
Sample:
3. This Request for Proposals (RFP) has been addressed to the following shortlisted consultants:
No. Name of Consulting Firm Country of Incorporation Nature of Association
1 Firm A USA Lead Firm
Firm B NET JV Partner
Firm C MYA Sub-Consultant
2 Firm D PRC Lead Firm
Firm C MYA Sub-Consultant
3 Firm E INO Sole Entity
Do Not Info
Delete Important
Modify Required
Para. 4 - DO NOT MODIFY – Shortlisted firms cannot transfer this invitation to another firm.
4. It is not permissible to transfer this invitation to any other firm, such as Consultant’s parent companies,
subsidiaries, and affiliates. The Client will reject a Proposal if the Consultant drops a joint venture (JV)
partner without the Client’s prior consent, which is given only in exceptional circumstances, e.g., when a JV
partner is sanctioned or has been declared bankrupt or an occurrence of force majeure.
Para. 5 – selection method, proposal type and applicable guidelines indicated must be consistent with
the Data Sheet (DS 2.1, DS 10.1, and DS 1(b))
Sample:
5. A firm will be selected under QCBS procedures using a Full Technical Proposal (FTP) format
as described in this RFP, in accordance with the policies of the Bank detailed in the 2017 ADB
Procurement Policy and 2017 Procurement Regulations for ADB Borrowers, which can be
found at the following websites: https://www.adb.org/documents/adb-procurement-policy,
https://www.adb.org/documents/procurement-regulations-adb-borrowers.
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Para. 6 – finalize text for Section 3 and Section 8
Sample:
6. The RFP includes the following documents:
Section 1 - Letter of Invitation

Section 2 - Instructions to Consultants, Data Sheet, Summary and Personnel Evaluation Forms, and
Grounds for Disqualification of the Experts
Section 3 - Technical Proposal FTP - Standard Forms
Section 4 - Financial Proposal - Standard Forms
Section 5 - Eligible Countries
Section 6 - Anticorruption Policy
Section 7 - Terms of Reference
Section 8 - Standard Forms of Time-Based Contract
Para. 7 – provide EA’s e-mail (or physical address) where the firm can send their confirmation.
7. Please inform the Client by [insert date], in writing at [insert address], or by e-mail [insert e-mail address]
whether you intend to submit a proposal or not.
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Para. 8 – DO NOT MODIFY
8. Details on the proposal’s submission date, time, and address are provided in Clauses 17.7 and 17.9 of the
instructions to consultants (ITC).
Sender – insert name and title of EA’s authorized representative.
RFP is normally signed by the Client’s authorized representative e.g., Head of the EA’s Procurement Section.
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26
Section 2: Instructions to Consultants

and Data Sheet
Instructions to Consultants (ITC)
Section 2 - ITC – shall not be modified. Any necessary changes, acceptable to the Bank, to address
specific country and project issues, to supplement, but not over-write, the provisions of the Instructions
to Consultants (ITC), shall be introduced through the Data Sheet only.
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INSTRUCTIONS TO CONSULTANTS AND DATA SHEET 27
Instructions to Consultants (ITC) – DO NOT MODIFY
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Data Sheet (DS)

ITC column is placed beside DS for easy reference. Only the data sheet column should be modified.

Clause DO NOT MODIFY Data Sheet (DS)
A. General Provisions
1. Definitions
1(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.
1(b) “Applicable Guidelines” means the guidelines DS 1(b) – Note

or policies of the Asian Development Bank Refer to the loan/grant agreement for the
governing the selection and Contract award applicable guidelines.
process as specified in the Data Sheet.
For advance contracting, check loan/grant
negotiated agreement for the applicable
policy. 2017 Procurement Policy and
Procurement Regulations apply to all
projects with concept notes approved on
or after 1 July 2017). ITC placed beside
the Data Sheet.
Sample:
Applicable Guidelines
ADB Procurement Policy 2017 (Policy) and
Procurement Regulations for ADB Borrowers
2017 (as amended from time to time)
(Procurement Regulations)
https://www.adb.org/documents/adb-
procurement-policy
https://www.adb.org/documents/
procurement-regulations-adb-borrowers
1(c) “Applicable Law” means the laws and any DS 1(c) – Note
other instruments having the force of law in Country of Applicable Law should be the
the Client’s country, or in such other country same as specified in the contract form
as may be specified in the Data Sheet, as SCC 1.1(c).
they may be issued and in force from time
to time. Sample:
Country of Applicable Law

Republic of the Philippines
1(d) “Bank” means the Asian Development Bank.
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1(e) “Borrower [or Recipient or Beneficiary]”

means the Government, Government
agency, or other entity that signs the
financing [or loan/credit/grant/project]
agreement with the Bank.
1(f) “Client” means the [implementing or

executing agency] that signs the Contract for
the Services with the selected consultant.
1(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.
1(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 of the Form
of Contract.
1(i) “Data Sheet” means an integral part of the

Instructions to Consultants in Section 2 used
to reflect the specific country and assignment
conditions to supplement, but not to
overwrite, the provisions of the ITC.
1(j) “Day” means a calendar day.
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1(k) “Experts” means, collectively, Key Experts, DS 1(k)6 - DO NOT MODIFY.

Non-Key Experts, or any other personnel
of the Consultant, Sub-Consultant, or Joint Experts
Venture member(s) listed in the Data Sheet. ADB differentiates between International and
National Experts.
International Experts
An International Expert means an expert who
has the qualification and experience required
for an international position.
Note that per ITC 6.2.1, International Experts

employed or engaged by an eligible consulting
firm will be considered eligible regardless of
their nationality.
National Experts
Nationals of the Client’s country who possess
the appropriate international experience may
be considered for assignments that require
international expertise in the national’s
own country.
Individuals of ADB member countries who

have appropriate authorization to legally reside
and work in the country of the assignment but
do not hold the nationality of that country may
also be considered as national consultants.
Footnote:
6
Citizenship is determined from the passport the
expert holds or other legal document in the case
of national experts in certain countries who do not
have passports.
Notes:
RFP ITC 6.2.1 and 6.2.2 also define
eligibility of proposed Experts. Required
experience of experts is defined in the TOR.
1(l) “Government” means the government of the

Client’s country.
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1(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.
1(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 curriculum vitae (CV) is
taken into account in the technical evaluation
of the Consultant’s proposal.
1(o) The “Instructions to Consultants (ITC)”

(this Section 2 of the RFP) provides the
shortlisted consultants with all the information
needed to prepare their Proposals.
1(p) The “Letter of Invitation (LOI)” (Section 1 of

the RFP) is the letter being sent by the Client
to the shortlisted consultants.
1(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 although the Client
retains the prerogative to approve or reject
the CV of the Non-Key Expert based on the
proposed approach and methodology.
1(r) “Proposal” means the Technical Proposal and

the Financial Proposal of the Consultant.
1(s) The “Request for Proposals (RFP)” is

prepared by the Client for the selection of
Consultants, based on the SRFP.
1(t) The “Standard Request for Proposals (SRFP)”

must be used by the Client as the basis for
the preparation of the RFP.
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1(u) “Services” means the work to be performed

by the Consultant pursuant to the Contract.
1(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.
1(w) The “Terms of Reference (TOR)” (Section 7

of the RFP) 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.
2. Introduction
2.1 The Client named in the Data Sheet intends

DS 2.1 – Note
to select a Consultant from those listed in
Selection method should be consistent with
the Letter of Invitation, in accordance with
the approved procurement plan.
the method of selection specified in the
Data Sheet. Sample:
Method of Selection
Name of the Client:

Department of Public Works and Highways
Method of selection:
Quality- and Cost-Based Selection (QCBS)
in accordance with 1 b.
For more information on selection and

evaluation methods, refer to the Guidance
Note on Consulting Services Administered
by ADB Borrowers, available at
https://www.adb.org/documents/
consulting-services.
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2.2 The shortlisted consultants are invited to

DS 2.2 – Note
submit a Technical Proposal and a Financial
Submission of Financial Proposals:
Proposal, or a Technical Proposal only, as
• QCBS, FBS and LCS – “Yes” required
specified in the Data Sheet, for consulting
(see ITC 17.8). Noncompliance may
services required for the assignment named
result in rejection of proposal.
in the Data Sheet. The Proposal will be the
• CQS and Direct Contracting (SSS) –
basis for negotiating and ultimately signing
Yes, financial proposals must also be
the Contract with the selected Consultant.
submitted and evaluated.
• QBS – Yes, also recommended. But
there is an option to request financial
proposals later. See ITC 22.2.
Name of assignment – copy name

and package number from approved
procurement plan.
Sample:
Submission of Proposals
Financial Proposal to be submitted together

with Technical Proposal: Yes
The name of the assignment is:

Construction Supervision for Highway 101
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2.3 The Consultants should familiarize

DS 2.3 – Note
themselves with the local conditions and
Client is advised to hold a pre-proposal
take them into account in preparing their
meeting for complex or high value
Proposals, including attending a pre- proposal
assignments. The minutes of this meeting
conference if one is specified in the Data
must include all questions raised by
Sheet. Attending any such pre-proposal
shortlisted consultants without identifying
conference is optional and is at the
the source of the questions and the Clients
Consultants’ expense.
response to each of the questions, and must
be circulated to all shortlisted consultants
after the meeting.
Sample:
Pre-proposal Conference
A pre-proposal conference will be held:
Yes
Date of pre-proposal conference:

14 March 2021
Time:
9 a.m. Manila time
Address:
Conference Venue, City
Telephone:
+63 2 8632 4444
E-mail:
[email protected]
Conference coordinator:
John de la Cruz
Conference Coordinator
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2.4 In a timely manner and at no cost to DS 2.4 – Note

the Consultants, the Client will provide All available information for the preparation
the inputs, relevant project data, and of the proposal (e.g., Transaction TA (TRTA)
reports required for the preparation of the Report, Feasibility Studies, drawings) must
Consultant’s Proposal as specified in the be included in Section 7 (TOR) as an
Data Sheet. itemized list with download links.
Default Text:
Information for Proposal Preparation
The Client will provide the following inputs,

project data, reports, etc. to facilitate the
preparation of the Proposals:
Refer to Section 7, TOR.
3. Conflict of Interest (COI)
3.1 The Consultant is required to provide

professional, objective, and impartial
advice, at all times holding the Client’s
interests paramount, strictly avoiding
conflicts with other assignments or its own
corporate interests, and acting without any
consideration for future work.
3.2 The Consultant has an obligation to disclose

to the Client any situation of actual or ITC 3.2 Note:
potential conflict that impacts its capacity EA should document and report actual
to serve the best interest of its Client. Failure and potential COI to ADB,
to disclose such situations may lead to the for confirmation or clearance.
disqualification of the Consultant or the
termination of its Contract and/or sanctions
by the Bank.
3.3 Without limitation on the generality of the

foregoing, the Consultant shall not be hired
under the circumstances set forth below:
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3.3.1 Conflicting Conflict between consulting activities

Activities and procurement of goods, works, or
nonconsulting 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
nonconsulting services resulting from or
directly related to the consulting services for
such preparation or implementation.
3.3.2 Conflicting Conflict among consulting assignments.

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.
3.3.3 Conflicting Relationship with the Client’s staff.

relationships A Consultant (including its Experts and
Sub-consultants) that has a close business or
family relationship with a professional staff of
the [Borrower or the Client or the Recipient
or Beneficiary] or of the [implementing/
executing agency] or of a recipient of a part
of the Bank’s financing who are directly or
indirectly involved in any part of
(i) the preparation of the TOR 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.
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3.3.4 Any other types of conflicting relationships as DS 3.3.4 – Note

indicated in the Data Sheet. Insert types of conflicting relationships not
specifically covered under ITC 3.3.1, 3.3.2,
or 3.3.3.
Sample:
Conflicting Relationships
Not Applicable
4. Unfair Competitive Advantage
4.1 Fairness and transparency in the selection DS 4.1 – Note

process require that the Consultants or their • If “Unfair Competitive Advantage”
Affiliates competing for a specific assignment applies to the selection, describe
do not derive a competitive advantage from how it is mitigated. For example,
having provided consulting services related to where a shortlisted consultant has
the assignment in question. prepared the Feasibility Study related
to this assignment (but is not deemed
To that end, the Client shall indicate in conflicted), the Client must make
the Data Sheet and make available to all all relevant information regarding
shortlisted consultants together with this RFP the Feasibility Study available to all
all information that would in that respect give shortlisted consultants either through
such a Consultant any unfair competitive hard copy or by providing specific URL
advantage over competing Consultants. links to the soft copies.
• If “Unfair Competitive Advantage”
does not apply to this selection, insert
“Not Applicable”.
Sample:
Unfair Competitive Advantage

Not Applicable
5. Corrupt and Fraudulent Practices
5.1 The Bank requires compliance with its

Anticorruption Policy as set forth in
Section 6.
5.2 In further pursuance of this policy, the

Consultant shall permit and shall cause its
sub-consultants and sub-contractors to permit
the Bank or its representatives to inspect their
site, assets, accounts, records, and other
documents relating to the submission of the
Proposal and execution of the contract, and
to have the accounts and records audited by
auditors appointed by the Bank.
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6. Eligibility
6.1 The Bank permits consultants (individuals

and firms, including JVs and their individual
members) from the eligible countries as
stated in Section 5 (Eligible Countries) to
offer consulting services for Bank-financed
projects. In the case of a JV,
(a) all partners shall be jointly and severally
liable; and
(b) the JV shall nominate a representative
who shall have the authority to conduct all
business for and on behalf of any and all the
parties of the JV during the bidding process
and, in the event the JV is awarded the
Contract, during contract execution.
6.2 The Consultant, and all parties constituting

the Consultant, should be nationals of an
eligible country, in accordance with Section
5 (Eligible Countries). A Consultant shall be
deemed to have the nationality of a country
if the Consultant is a citizen or is constituted,
incorporated, or registered, and operates in
conformity with the provisions of the laws of
that country. This criterion shall also apply
to the determination of the nationality of
proposed subcontractors for any part of the
Contract including related services.
6.2.1 International Experts employed or engaged by

an eligible consulting firm will be considered
eligible regardless of their nationality.
6.2.2 National Experts proposed by the firm must

meet eligibility requirements as defined in
Data Sheet 1(k).
6.3 As an exception to Clauses 6.1 and 6.2

above:
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6.3.1 Sanctions A firm or an individual temporarily suspended DS 6.3.1 - DO NOT MODIFY.

or debarred (including cross debarred) by the
Bank in accordance with the above Clause ADB’s Sanctions List
5.1 or in accordance with the Applicable A published list of debarred firms and
Guidelines shall be ineligible to participate individuals is available at the Bank’s external
in or to be awarded a Bank- financed, website.
-administered, or -supported contract, https://www.adb.org/site/integrity/
or to benefit from a Bank-financed, sanctions.
-administered, or -supported contract,
financially or otherwise, during such period DS 6.3.1 – Requesting Access to ADB
of time as the Bank shall determine. A bid OAI’s Complete Sanctions List
from a temporarily suspended or debarred It is the obligation of the Client to confirm
firm or individual will be rejected and an entity’s eligibility by checking ADB’s
such bid may be in breach of debarment Complete Anticorruption Sanctions List
conditions, thereby subject to further (for all bidders) at all stages of bidding
ADB’s investigation. ADB’s Complete process including contract award. ADB has
Anticorruption Sanctions List is contained in the right to monitor the Client’s compliance
the Data Sheet. with this obligation. Client should request
access to ADB’s complete sanctions
list through
https://lnadbg4.adb.org/oga0009p.nsf/
alldocs/AANA-AAFBDE?OpenDocument
or
https://lnadbg4.adb.org/oga0009p.nsf/
frmRegistration2?OpenForm
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6.3.2 Firms and individuals of a country or goods

Prohibitions 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 Borrower’s/Beneficiary’s 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 Borrower’s
Country prohibits any import of goods
from that country or any payments to
any country, person, or entity in respect
of goods or services originating in that
country, or the Borrower’s Country
prohibits payments to particular persons
or entities or for particular goods or
services by such an act of compliance.
6.3.3 Government-owned enterprises or

Restrictions for institutions in the Borrower’s country shall be
Government- eligible if they can establish that they
owned
Enterprises (i) are legally and financially autonomous,
(ii) operate under commercial law,
and
(iii) that they are not dependent agencies
of the Client.
6.3.4 Government officials and civil servants may

Restrictions only be hired under consulting contracts,
for public as members of a team of a consulting firm,
employees if they
(i) are on leave of absence without pay,

(ii) are not being hired by the agency they
were working for immediately before
going on leave, and
(iii) their employment would not create a
conflict of interest).
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B. Preparation of Proposals
7. General Considerations
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.
8. Cost of Preparation of Proposal
8.1 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.
9. Language
9.1 The Proposal, as well as all correspondence DS 9.1 – Note

and documents relating to the Proposal Unless otherwise approved by ADB, the
exchanged between the Consultant and the RFP and other relevant documents and
Client, shall be written in the language(s) communication should be in the English
specified in the Data Sheet. language. Translations are normally optional.
Sample:
Language
This RFP has been issued in the
English language.
Proposals shall be submitted in the
English language.
All correspondence shall be in the
English language.
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10. Documents Comprising the Proposal
10.1 The Proposal shall comprise the documents Sample for FTP:
and forms listed in the Data Sheet.
Documents Comprising the Proposal
DS 10.1 – Note The Proposal shall comprise the following:
Choose the appropriate type of proposal
and delete the other options. Refer to the For FULL TECHNICAL PROPOSAL (FTP):
Checklist of Required Forms in Section 3. 1st Inner Envelope with the Technical
Proposal:
• Power of Attorney to sign the Proposal
• Proof of Legal Status and Eligibility
• TECH-1
• TECH-2
• TECH-3
• TECH-4
• TECH-5
• TECH-6
AND
2nd Inner Envelope with the Financial

Proposal:
• FIN-1
• FIN-2
• FIN-3
• FIN-4
Proof of legal status establish Consultant’s

legal capacity to enter into binding and
enforceable contracts and shall be supported
by the following or its equivalent as deemed
acceptable by the Bank:
• Certificate of incorporation in an ADB
member country;
• Partnerships duly organized in an ADB
member country; and
• Universities, institutions, public sector
organizations, and nongovernment
organizations that are not legally
incorporated shall provide other
documentation that establishes their
legal capacity to enter into binding and
enforceable contracts with the Client
(such as charter, statute, etc.).
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10.2 The Consultant shall include a statement of

an undertaking of the Consultant to observe,
in competing for and executing a contract,
the Client country’s laws against fraud and
corruption (including bribery).
ITC 10.2 – Note

The Statement of Undertaking is already
included in Form TECH-1.
10.3 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).
11. Only One Proposal
11.1 The Consultant (including the individual

members of any JV) shall submit only one
Proposal, either in its own name or as part
of a JV in another Proposal. If a Consultant,
including any JV 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 Consultant’s
staff from participating as Key Experts and
Non- Key Experts in more than one Proposal
when circumstances justify.
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12. Proposal Validity
12.1 The Data Sheet indicates the period during DS 12.1 – Note
which the Consultant’s Proposal must remain Duration of validity of the proposals
valid after the Proposal submission deadline. should be enough to complete evaluation
of the proposals, receive all necessary
Government and ADB endorsements and
negotiate the contract.
Normally, proposal validity period is

between 120 and 180 days.
• Any period shorter than 120 days may
be inadequate for complete proposal
evaluation and required endorsements.
• Any period longer than 180 days
increases the risk of the proposed
experts no longer being available.
Sample:
Proposal Validity
Proposals must remain valid for 180 calendar
days after the proposal submission deadline.
12.2 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.
12.3 If it is established that any Key Expert

nominated in the Consultant’s Proposal
was not available at the time of Proposal
submission or was included in the Proposal
without the Key Expert’s confirmation,
the Proposal shall be disqualified and rejected
for further evaluation, and may be subject
to sanctions in accordance with Clause 6 of
this ITC.
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Extension of Validity Period
12.4 The Client will make its best effort to

complete the negotiations within the
proposal’s 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.
12.5 If the Consultant agrees to extend the validity

of its Proposal, it shall be done without any
change in the original Proposal.
12.6 The Consultant has the right to refuse to

extend the validity of its Proposal in which case
the Proposal will be considered withdrawn.
Substitution of Key Experts at Validity Extension
12.7 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 this case, a replacement Key Expert
shall have equal or better qualifications
and experience than those of the originally
proposed Key Expert.
12.8 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, the Proposal will
be rejected with the Bank’s prior no objection.
12.9 The Consultant shall not subcontract the

Sub- whole of the Services.
Contracting
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13. Clarification and Amendment of RFP
13.1 The Consultant may request a clarification DS 13.1 – Note

of any part of the RFP during the period • The recommended deadline is at least 10
indicated in the Data Sheet before the to 15 days before proposal submission
Proposals’ submission deadline. Any request deadline.
for clarification must be sent in writing, or • The Client may also consult with ADB on
by standard electronic means, to the Client’s any request for clarification that may be
address indicated in the Data Sheet. The received from shortlisted consultants.
Client will respond in writing, or by standard • Any fundamental and substantial change
electronic means, and will send written copies may require an amendment to the RFP.
of the response (including an explanation of • Amendments and clarifications should
the query but without identifying its source) be transmitted to all shortlisted
to all shortlisted consultants. Should the consultants with acknowledgment
Client deem it necessary to amend the RFP receipts.
as a result of a clarification, it shall do so
following the procedure described below: Sample:
Clarification of Request for Proposal

Clarifications may be requested no later than
10 days prior to the submission deadline.
The contact information for requesting

clarifications is:
John de la Cruz
Director, Department
13.1.1 At any time before the proposal submission

deadline, the Client may change 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.
13.1.2 If the amendment is substantial, the Client

shall extend the proposal submission deadline
to give the shortlisted consultants reasonable
time to take an amendment into account in
their Proposals.
13.2 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.
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14. Preparation of Proposals – Specific Considerations
14.1 While preparing the Proposal, the Consultant

must give particular attention to the following:
14.1.1 If a shortlisted consultant considers that it DS 14.1.1 – Default Text

may enhance its expertise for the assignment
by associating with other consultants in Default for (a) Yes
the form of a JV or as Sub-Consultants,
it may do so with either (a) non-shortlisted Default for (b) No
consultants(s), or (b) shortlisted consultants
if permitted in the Data Sheet. When Default provisions for (a) and (b) as
associating with non-shortlisted firms in stipulated are recommended to allow
the form of a JV or a sub-consultancy, shortlisted firms to enhance its expertise
the shortlisted consultant shall be a lead with non-shortlisted firms and at the
member. If shortlisted consultants associate same time, prevent shortlisted firms
with each other, any of them can be the from merging.
lead member.
Any deviation will require prior approval
from ADB.
Default Text
Preparation of Proposals – Specific

Considerations
(Association with Shortlisted Consultants)
Shortlisted Consultants may associate with
(a) non-shortlisted consultant(s): Yes

(b) other shortlisted consultants
(lead firms and JV partners): No
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14.1.2 The Client may indicate in the Data Sheet DS 14.1.2 – Note for Time-Based Contract
the estimated Key Experts’ time- input Specify minimum Person-Month (PM)
(expressed in person-months) and inputs in DS 14.1.3 and indicate the
the Client’s estimated total cost of the estimated or the maximum value of the
assignment. This estimate is indicative, contract inclusive of contingency and
and the Proposal shall be based on the provisional sums in DS 14.1.2.
Consultant’s own estimates for the same.
Sample for Time-Based Contract:
DS 14.1.2 – Notes to Client
For QCBS with estimated inputs, the Preparation of Proposals – Specific
Client is advised to use Estimated total Considerations
cost instead of maximum budget.
Estimated time-input of international
For small value assignments with Key Experts:
lump sum contracts with well-defined Not Applicable
output- based TOR and professional
standards, stating maximum budget Estimated time-input of national Key Experts:
without estimated inputs may suffice. Not Applicable
Estimated Cost and Estimated Inputs are Maximum total cost of the assignment:
Not Applicable for FBS Selections, where $1 million including provisional sums and
(i) the TOR is precisely defined with no contingency, inclusive of all taxes except for local
changes expected during implementation; taxes defined in DS 25.
(ii) the time and personnel inputs can be
assessed accurately; and (iii) the budget
Indicated budget is normally inclusive of
is fixed and cannot be exceeded.
taxes, per ITC 25.
All tax information (exemption, reference,

evaluation, and negotiation) should be
discussed in DS 16.3 and 25.
For additional guidance, refer to section on

Summary of Tax Provisions in the RFP.
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14.1.2 The Client may indicate in the Data Sheet DS 14.1.2 – Note for Lump Sum Contract
the estimated Key Experts’ time- input Indicate estimated time-input for required
(expressed in person-months) and Key Experts.
the Client’s estimated total cost of the
assignment. This estimate is indicative, Note ITC 24.2 no adjustment on the
and the Proposal shall be based on the financial proposal for lump sum contracts.
Consultant’s own estimates for the same.
Typically, cost-related variation is not
DS 14.1.2 – Notes to Client allowed after the contract is signed, for
For QCBS with estimated inputs, the lump sum contracts.
Client is advised to use Estimated total
cost instead of maximum budget. Lump sum contracts normally do not
include provisional sums nor contingency.
For small value assignments with
lump sum contracts with well-defined Sample for Lump Sum Contract:
output- based TOR and professional
standards, stating maximum budget Preparation of Proposals – Specific
without estimated inputs may suffice. Considerations
Estimated Cost and Estimated Inputs are Estimated time-input of international

Not Applicable for FBS Selections, where Key Experts:
(i) the TOR is precisely defined with no 100 person-months
changes expected during implementation;
(ii) the time and personnel inputs can be Estimated time-input of national Key Experts:
assessed accurately; and (iii) the budget 100 person-months
is fixed and cannot be exceeded.
Estimated total cost of the assignment:
$1 million, including all taxes, except for local
taxes defined in DS 25.
Indicated budget is normally inclusive of

taxes, per ITC 25.
All tax information (exemption, reference,

evaluation, and negotiation) should be
discussed in DS 16.3 and 25.
For additional guidance, refer to section on

Summary of Tax Provisions in the RFP.
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14.1.3 If stated in the Data Sheet, the Consultant DS 14.1.3 – Note

shall include in its Proposal at least the same Minimum total person-month input for the
time-input (in the same unit as indicated in Key Experts (International and National)
the Data Sheet) of Key Experts, failing which must be consistent with the details in
the Financial Proposal will be adjusted for the TOR.
the purpose of comparison of proposals and
decision for award in accordance with the Sample for Time-Based Contract:
procedure in the Data Sheet.
Preparation of Proposals – Specific
Considerations
(Minimum Time and Cost Inputs for
Time-Based Contracts)
Minimum time-input of international

Key Experts is:
100 person-months
Minimum time-input of national Key Experts is:

100 person-months
For the evaluation and comparison of

Proposals only: if a Proposal includes less than
the required minimum time-input, the Client
will adjust the proposal price following the
Guidance Note for Financial Evaluation. ADB.
2021. Guidance Note on Financial Proposal
Evaluation (Loans/Grants). Manila.
https://www.adb.org/documents/guidance-
note-financial-proposal-evaluation-loans-grants.
Proposals that are quoted higher than the
required minimum of time-input will not
be adjusted.
DS 14.1.3 – for Lump Sum Contract

Indicate “Not Applicable”
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14.1.4 The total available budget, with an indication Sample:

whether it is inclusive or exclusive of taxes,
is given in the Data Sheet, and the Financial Only for QCBS with Maximum Budget
Proposal shall not exceed this budget.
Maximum budget for the assignment:
DS 14.1.4 – Note for QCBS with $1 million, including provisional sums,
Maximum Budget contingency, inclusive of all taxes, except for local
For QCBS, the Client is advised to taxes defined in DS 25.
consider the following when using the
maximum budget: The Client shall disqualify the technical and
• For high-value contracts with a long financial proposal if an evaluated FP (Adjusted
contract period and are complex in Total Price) exceeds the maximum budget.
nature (e.g., civil works supervision
dependent on the progress of work), Client must choose from the 3 options
it is difficult to set an accurate budget; below:
• Given the uncertainty above, if the
Client underestimates the maximum Option 1: (text in sample)
budget, it may risk disqualification of a
technically well-qualified Consultant; Option 2:
and If an evaluated FP (Adjusted Total Price)
• QCBS with the maximum budget risks exceeds the maximum budget, such
disqualification of FPs during financial proposal will be held nonresponsive and be
evaluation if the proposed price is given a zero score.
too close to the maximum budget. If
further price adjustments are required, If negotiations fail, the Client can seek
it may potentially invite complaints approval from ADB to negotiate with the
from the Consultants. next-ranked firm.
For all other selection methods, indicate Note:

“Not Applicable” in DS14.1.4. Maximum In such cases, if the firm submitting a
budget can be set in DS 14.1.2 for other Financial Proposal exceeding the maximum
selection methods. budget still obtains the highest combined
score in final ranking, this winning firm
will be required, as a condition of contract
negotiations, to reduce the Financial
Proposal to the maximum budget without
compromising the TOR for the assignment
(and without modification of proposed
unit rates).
Option 3:
If an evaluated FP (Adjusted Total Price)
exceeds the maximum budget, the EA will
consider the financial proposal, providing a
score in the financial evaluation, using the
formula in DS 27.1.
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DS 14.1.4 and 27.2 for FBS Sample:

– refers to 2 ITCs
Only for FBS
The total available budget for this
DS 14.1.4 and 27.2 – Fixed- Budget assignment is:
$1 million including provisional sums and
Difference between Fixed-Budget contingency, inclusive of all taxes except for local
Selection (FBS) and Fixed-Price Proposal taxes defined in DS 25.
(ITC 24.2 Footnote):
• Fixed-Budget Selection (FBS) –The Proposals exceeding the total available budget
firm with the best technical proposal will be rejected.
within the budget is selected. EA will
reject a proposal if the firm’s price Only for Fixed-Price Proposal
exceeds the budget. (See footnote 5 of ITC 24.2):
• Fixed-Price Proposal – The Proposal refers to the proposed price in
EA only requires FIN-1 to be Form FIN-1.
submitted by firms.
• FBS with Fixed-Price Proposal – Indicated budget is normally inclusive of
EA will reject a proposal if the FIN-1 taxes, per ITC 25.
price exceeds the budget.
See ITC 24.2 footnote for instructions. All tax information (exemption, reference,
• FBS with Detailed Price Proposal evaluation, and negotiation) should be
– follow ITC 24.2 to calculate the discussed in DS 16.3 and 25.
Adjusted Total Price (ATP), and
reject the proposal if ATP exceeds For additional guidance, refer to section on
the budget. Summary of Tax Provisions in the RFP.
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15. Technical Proposal Format and Content
15.1 The Technical Proposal shall not include any

financial information. A Technical Proposal
containing material financial information shall
be declared nonresponsive.
15.2 Depending on the nature of the assignment, DS 15.2 – Note

the Consultant is required to submit a full Ensure that the type of proposal selected is
technical proposal (FTP), a biodata technical consistent with the:
proposal (BTP), or a simplified technical • Procurement Plan
proposal (STP) as indicated in the Data • LOI para. 5 and para. 6
Sheet and using the Standard Forms provided • DS 10.1
in Section 3 of the RFP.
Sample:
Format of Technical Proposal

The format of the Technical Proposal to be
submitted is: FTP
Please refer to the Checklist of Required Forms

in Section 3.
Submission of the Technical Proposal in incorrect

format may lead to the Proposal being deemed
nonresponsive to the RFP requirements.
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16. Financial Proposal
16.1 The Financial Proposal shall be prepared Sample:

using the Standard Forms provided in
Section 4 of the RFP. It shall list all costs Financial Proposal
associated with the assignment, including • a per diem allowance, including hotel,
(a) remuneration for Key Experts and for experts for every day of absence from
Non-Key Experts, (b) other expenses, the home office for the purposes of the
(c) provisional sums when applicable, and Services;
(d) contingency indicated in the Data Sheet. • cost of travel by the most appropriate
means of transport and the most direct
DS 16.1 – Notes practicable route;
The sample list provided is intended • cost of office accommodation, including
for guidance only. Items that are not overheads and backstop support;
applicable should be deleted; others may • communications costs;
be added. • cost of purchase or rent or freight of any
equipment required to be provided by the
If the Client wants to set up maximum Consultants;
ceilings for unit rates of certain type • cost of reports production (including
of expenses, such ceilings should be printing) and delivering to the Client;
indicated in the Financial Proposal – • office support staff;
Standard Form FIN-4 • insurance specific to the assignment
(e.g., travel-related medical, professional
liability, motor vehicle, third party,
equipment, employer’s liability, and
workers compensation unless such
insurances are included in the overhead
expenses); and
• other allowances, where applicable.
If the Consultant includes Provisional Sums

and Contingency that either exceeds the
amount specified, or is less than the amount,
or is not required, adjustments will be made
by the Client during evaluation. If adjustments
are applied, the adjusted Provisional Sum
and Contingency amounts shall be noted and
discussed during negotiations. Please note
that the Provisional Sum and Contingency
amounts is at the Client’s final discretion
and the Client reserve the rights to apply
the provisional sum and contingency
amount as specified in the RFP in the
final contract.
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DS 16.1 – Sample Provisional Sum and

Contingency, only for Time-Based
Contracts
Sample:
• Provisional sums: $75,000, broken down
as follows:
• Workshops/Seminars/
Conferences: $25,000
• Surveys: $25,000
• Equipment: $25,000
• Contingency: $100,000
If the Consultant includes Provisional Sums

and Contingency that either exceeds the
amount specified, or is less than the amount,
or is not required, adjustments will be made
by the Client during evaluation. If adjustments
are applied, the adjusted Provisional Sum
and Contingency amounts shall be noted and
discussed during negotiations. Please note
that the Provisional Sum and Contingency
amounts is at the Client’s final discretion
and the Client reserve the rights to apply
the provisional sum and contingency
amount as specified in the RFP in the
final contract.
Contingency is normally 5% to 10% of the

base cost (remuneration, OPE, provisional
sums). Amount should be consistent
with the detailed budget breakdown.
Contingency >10% needs to be thoroughly
explained by the EA.
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16.2 For assignments with a duration exceeding Sample for Time-Based Contract exceeding
Price 18 months, a price adjustment provision 18 months:
Adjustment for foreign and/or local inflation for
remuneration rates applies if so stated in the Price Adjustment
Data Sheet. A price adjustment provision applies to
remuneration rates:
DS 16.1 – Notes and Sample, for Yes
Time-Based Contract
• Select “Yes” for a time-based contract Consultants should follow SCC 42.3 and
exceeding 18 months and follow include indices of currency of payments as part
SCC 42.3. of the Financial Proposal. The indices shall
• Adjustment of remuneration should not be evaluated but will be considered during
follow provisions in SCC 42.3 of the negotiations with the 1st ranked firm.
RFP. Adjustment applies only on the
remuneration because a time-based DS 16.1 – Lump Sum Contracts
contract reimburses expenses using • A lump sum contract does not have
actual expenses and/or an agreed an adjustment provision because it
unit rate. is a contract at a set price agreed for
the output.
• It is considered that a Consultant has
incorporated a premium for future
inflation in the Proposal; and it does not
segregate individual remuneration rates.
• Please consult ADB for exceptional cases.
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16.3 and 25 16.3 Sample – No Tax Exemption:

The Consultant and its Sub-Consultants
and Experts are responsible for meeting all Taxes - Exemption
tax obligations arising out of the Contract None.
in accordance with instructions in the
Data Sheet. Taxes - Reference
“Information on the Consultant’s tax
obligations in the Client’s country can be
DS 16.3 – Notes
found at https://www.bir.gov.ph/index.php/
• Ensure that the tax provision is
taxinformation. html.”
consistent with SCC 43.1 and
SCC 43.2.
• Reference and treatment of indirect Taxes - Evaluation
taxes is discussed in DS 25. (ITC 25) Except as set out below, all taxes
are deemed included in the Consultant’s
Financial proposal, and, therefore, included in
25 the evaluation.
Except as set out in the Data Sheet, all taxes
are deemed included in the Consultant’s The Client does not take into account the
Financial proposal, and, therefore, included following taxes during financial proposal
in the evaluation. evaluation. Therefore, the Consultant
shall not include the following taxes in its
For additional guidance, refer to section Financial Proposal:
on Summary of Tax Provisions in the RFP. (a) all local identifiable indirect taxes such as
sales tax, excise tax, VAT, or similar taxes
levied on the contract invoices; and
(b) all additional local tax on the remuneration
of services rendered by non-resident
experts of the Consultant in the
Client’s country.
If the Consultant nevertheless includes

the above taxes in its Financial Proposal,
no adjustments will be made by the Client for
the purposes of evaluation.
Taxes - Negotiation
At contract negotiations, the above-described
local taxes will be discussed and agreed (using
the itemized list as guidance) and added to the
contract amount in separate lines, as needed,
also indicating which taxes shall be paid by the
Consultant and which are withheld and paid by
the Client on behalf of the Consultant.
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16.4 The Consultant may express the price for Sample:

Currency of its Services in the currency or currencies
Proposal as stated in the Data Sheet. If indicated in Currency of Proposal
the Data Sheet, the portion of the price The Financial Proposal shall be stated in the
representing local cost shall be stated in the following currencies:
national currency. Consultant may express the price for their
Services in any fully convertible currency,
singly or in combination of up to three
foreign currencies.
Consultant must state local costs in the Client’s

country currency (local currency): Yes
Note to Consultant on Local Expenses:

If Client indicated “Yes”, then local expenses
indicated by the Consultant and noted by the
Client in the Financial Proposal will be paid in
the local currency.
DS 16.4 – default text is to allow firm to

propose in up to three (3) currencies and
state local costs in the local currency.
Note to Client:
If the law of the Client’s country specifically
prohibits payments in a currency other than
national currency for transactions within its
jurisdiction, please specify in this clause.
16.5 Payment under the Contract shall be made

Currency of in the currency or currencies stated in
Payment the Proposal.
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C. Submission, Opening, and Evaluation
17.
Submission,
Sealing, and
Marking of
Proposals
17.1 The Consultant shall submit a signed DS 17.1. – Note

and complete Proposal comprising the The Client should seek ADB’s prior approval
documents and forms in accordance for any proposed electronic submission/
with Clause 10 (Documents Comprising e-procurement system (eGP) to be used for
Proposal). The submission can be done bidding or selection of Consultants.
by mail or by hand. If specified in the Data
Sheet, the Consultant has the option of Sample:
submitting its Proposals electronically.
Electronic Submission of Proposals
The Consultants shall not have the option of
submitting their 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 Proposals and shall initial all pages
of both. The 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 JV 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 member’s 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.
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17.4 The signed Proposal shall be marked Sample:

“Original”, and its copies marked “Copy” as
appropriate. The number of copies required is Submission of Proposals
indicated in the Data Sheet. All copies shall The Consultant must submit:
be made from the signed original. If there
are discrepancies between the original and (a) Technical Proposal:
the copies, the original shall prevail. If there i. one (1) original and three (3) copies
are discrepancies in the delivery time of the to the Client; and
original or copies, the time of delivery of the ii. one (1) softcopy in PDF format
original shall prevail. to ADB Headquarters, Manila at
[email protected]
and include the following information
on the subject line of the e-mail:
DS 17.4 – Note
Client, Country, Project, name of
The EA is requested to inform firms to
consultant).
provide ADB a soft copy of the Technical
The FINANCIAL PROPOSAL SHALL
Proposals Only.
NOT BE INCLUDED.
(b) Financial Proposal: one (1) original to

the Client.
DS 17.4 – For QBS

If Financial Proposals will not be invited
together with the Technical Proposals
pursuant to ITC 22.2, delete item (b).
17.5 The original and all the copies of the

Technical Proposal shall be placed
inside a sealed envelope clearly marked
“TECHNICAL PROPOSAL”, “[insert Name of
the Assignment],” reference number, name and
address of the Consultant, and with a warning
“DO NOT OPEN UNTIL [INSERT THE DATE
AND THE TIME OF THE TECHNICAL PROPOSAL
SUBMISSION DEADLINE].”
17.6 Similarly, the original Financial Proposal

(if required for the applicable selection
method) shall be placed inside 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.”
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17.7 The sealed envelopes containing the Sample:

Technical and Financial Proposals shall be
placed into one outer envelope and sealed. Deadline for the Submission of Proposals
This outer envelope shall bear the submission The Proposals must be received at the address
address, RFP reference number, the name of below no later than:
the assignment, the Consultant’s name, and 31 March 2021
the address, and shall be clearly marked “DO
NOT OPEN BEFORE [insert the time and Time:
date of the submission deadline indicated in 4 p.m. Manila local time
the Data Sheet]”.
Mark the outer sealed envelope
DS 17.7 and 17.9 – Notes “DO NOT OPEN”
• DS refers to ITC 17.7 and ITC 17.9.
• Proposal submission on or before The Proposal submission address is:
the deadline shall be recorded by the Department, Building, Manila, Philippines
Client when the Client receives the
original proposal that comprises the The Consultant is requested to submit copies
technical and financial proposals and of the Technical Proposal at the same time to
its copies as indicated in DS 17.4. ADB HQ in Manila and ADB Resident Mission:
• If appropriate, add a translation of One (1) softcopy in PDF format to
the warning marking [“Do not open”]
in the national language to the outer ADB HQ: [email protected]
sealed envelope.
• The Client should ensure that the ADB RM e-mail address
dates and time indicated in this section Project Unit to provide the EA the e-mail
are updated prior to issuance of RFP. address of ADB Resident Mission for
receiving the TP softcopy.
ADB Resident Mission

[email protected]
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.
For QCBS, FBS and LCS, if the Technical
and Financial Proposals are not submitted in
separate sealed envelopes as required, the
Client shall reject the Proposal.
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17.9 The Proposal or its modifications must Refer to note and sample given under DS
be sent to the address indicated in the 17.7 and 17.9
Data Sheet and received by the 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. Confidentiality
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 improperly influence 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 the Bank’s prevailing
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.
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19. Opening of Technical Proposals
19.1 The Client’s evaluation committee shall

DS 19.1 – Notes
conduct the opening of the Technical
• Complete the information on Technical
Proposals in the presence of the shortlisted
Proposal opening by indicating the
consultants’ authorized representatives
address, date, and time. The date of
who choose to attend (in person, or online
opening of the Technical Proposal
if this option is offered in the Data Sheet).
shall be the same as indicated in Data
The opening date, time, and the address are
Sheet 17.7.
stated in the Data Sheet. The envelopes with
• Proposal opening time should be
the Financial Proposal shall remain sealed and
immediately after the proposal
shall be securely stored until they are opened
submission deadline.
in accordance with Clause 23 of the ITC.
Sample:
Opening of Technical Proposals

An online option for the opening for 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 17.7.
Time:
4:01p.m. Manila local time
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19.2 At the opening of the Technical Proposals, DS 19.2 – Notes

the following shall be read out: • Include additional information to be read
out and recorded in the opening minutes.
(i) the name and the country of the • Note that during the TP opening, the
Consultant or, in case of a JV, the name EA reads out the names of the firms,
of the JV, the name of the lead member including their additional JV partners
and the names and the countries of and Sub-Consultants, that submitted
all members; proposals, per ITC 19.2.
(ii) the presence or absence of a duly sealed
envelope with the Financial Proposal; Sample:
(iii) any modifications to the Proposal
submitted prior to the proposal Information to be read out and recorded
submission deadline; and during the opening of the Technical
(iv) any other information deemed Proposals
appropriate or as indicated in the
Data Sheet. In addition, the following information will be
read aloud at the opening of the Technical
Proposals:
Confirmation that invitation to submit proposal
was not transferred to another party.
20. Proposals Evaluation
20.1 Subject to the 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 DS 20.2 – Default Text

or modify its Proposal in any way after the CSC should use ADB’s Guidance Note on
proposal submission deadline except as Financial Proposal Evaluation.
permitted under Clause 12.7 of this ITC.
While evaluating the Proposals, the Client will Default Text:
conduct the evaluation in accordance with
the process specified in the Data Sheet and Financial Proposal Evaluation
solely on the basis of the submitted Technical The Client will follow the Guidance Note for
and Financial Proposals. Financial Evaluation. ADB. 2021. Guidance
Note on Financial Proposal Evaluation
(Loans/Grants). Manila. https://www.adb.
org/documents/guidance-note-financial-
proposal-evaluation-loans-grants.
20.3 From the time the proposals are received

by the Client to the time that the Contract
is awarded, the Client shall not request the
Consultant to provide clarification on any
matter related to the Consultant’s Technical
or Financial Proposal.
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In exceptional cases and with prior approval

of the Bank, the Client may request
clarifications relating to minor clarifications
or corrections of obvious errors or
inconsistencies. This request shall be made in
writing and copied to the Bank.
20.4 Any request for clarification must be sent

and responded to in writing and should be
date- stamped.
21. Evaluation of Technical Proposals
21.1 The Client’s evaluation committee shall DS 21.1 – Default Text

assess the Technical Proposals on the basis of • Client must attach the Summary and
their responsiveness to the TOR and the RFP, Personnel Evaluation Sheets (SES/PES)
applying the evaluation criteria, sub-criteria, as an Appendix to Section 2 ITC and DS.
and point system specified in the RFP. Each • Any deviation to the standard evaluation
responsive Proposal will be given a technical criteria and sub-criteria should be
score. A Proposal shall be rejected if it fails reflected in the SES and PES that are
to achieve the minimum technical score attached to the Data Sheet and should
indicated in the Data Sheet. have prior approval from ADB.
Default Text:
Evaluation Criteria
The evaluation criteria, sub-criteria, and point
system are specified in the Summary and
Personnel Evaluation Sheets that are attached
to the Data Sheet.
The minimum technical score (St) required to

pass is: 750 (maximum 1,000 points).
22. Financial Proposals for Quality-Based Selection
Following the ranking of the Technical

22.1 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 Client’s evaluation
committee. All other Financial Proposals
are returned unopened after the Contract
negotiations are successfully concluded and
the Contract is signed.
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23. Public Opening of Financial Proposals for Quality- and Cost-Based Selection (QCBS),
Fixed-Budget Selection (FBS), and Least-Cost Selection (LCS) methods
23.1 After the technical evaluation is completed DS 23.1 – Online Opening

and the Bank has issued its no objection If yes, insert “The online opening procedure
(if applicable), the Client shall notify those shall be: [describe the procedure for online
Consultants whose Proposals were considered opening of Financial Proposals, including
non-responsive to the RFP and TOR or did the allowance for online presence of
not meet the minimum qualifying technical Consultants that submitted Proposals,
score (and shall provide information relating if possible]
to the Consultant’s overall technical score)
that their Financial Proposals will be returned Sample for Online/Virtual Opening Option:
unopened after completing the selection
process and Contract signing. The Client Public Opening of Financial Proposals
shall simultaneously notify in writing the (for QCBS, FBS, and LCS selection methods)
Consultants that have achieved the minimum
overall technical score and inform them of the An online option of the opening of the
date, time, and location of the opening of the Financial Proposals is offered:
Financial Proposals. The opening date should Yes
allow the Consultants sufficient time to make
arrangements for attending the opening. The The online opening procedure shall be:
Consultant’s attendance at the opening of • Consultants can view the technical proposal
the Financial Proposals (in person, or online if opening via “Zoom” app
such option is indicated in the Data Sheet) is • Please e-mail [email protected] to
optional and is at the Consultant’s discretion. register and receive the Zoom link
23.2 The Financial Proposals shall be opened

by the Client’s evaluation committee in
the presence of the representatives of the
Consultants whose proposals have passed
the minimum technical score. At the opening,
the names of the Consultants, and the overall
technical scores, shall be read aloud. The
Financial Proposals will then be inspected to
confirm that they have remained sealed and
unopened. These Financial Proposals shall
then be opened, and the total prices read
aloud and recorded. Copies of the Record of
Opening of Financial Proposals shall be sent to
all Consultants who submitted Proposals.
24. Correction of Errors
24.1 Activities and items described in the

Technical Proposal but not priced in the
Financial Proposal shall be assumed to be
included in the prices of other activities
or items, and no correction is made to the
Financial Proposal.
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24.2 In accordance with 16.1 above, the

Consultant is required to submit a detailed
price proposal.5 The Client’s 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. If there is a discrepancy
between
(i) a partial amount (sub-total) and the
total amount, or
(ii) between the amount derived by
multiplication of a unit price with the
quantity and the total price, or
(iii) between words and figures, the
former will prevail.
In case there is a discrepancy between

the Technical and Financial Proposals in
indicating quantities of input, the Technical
Proposal prevails and the Client’s evaluation
committee shall correct the quantity
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.
24.2 5
If only a fixed-price proposal is required
Footnote 5 by the Client (i.e., without any breakdown
of costs), the Consultant is deemed to have
included all prices in the Financial Proposal,
so neither arithmetical corrections nor price
adjustments shall be made.
25. Taxes Except as set out in the Data Sheet, all taxes Combined with DS 16.3 for easy reference
are deemed included in the Consultant’s
Financial proposal, and, therefore, included
in the evaluation.
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26. Conversion to Single Currency
26.1 For evaluation purposes, prices shall be Sample:

converted to a single currency using the
selling rates of exchange, source and date Conversion into Single Currency
indicated in the Data Sheet. The single currency for the conversion of all
prices expressed in various currencies into a
DS 26.1 – Note and Sample single one is:
Indicate the local currency or fully USD
convertible foreign currency.
• For ease of comparison, it is preferable The official source of the selling (exchange)
to indicate in the currency of the rate is: http://centralbank.gov.ph/
budget stated in Data Sheet 14.1.2 or exchangerate/sellingrate
14.1.4/27.2 (for FBS).
• The date shall not be earlier than The date of the exchange rate is:
4 weeks prior to the deadline for 15 days before the proposal submission deadline
submission of Proposals and no later
than the date of the original validity
of Proposals.
• Recommendation is to use exchange
rate available 10–15 days before
proposal submission deadline,
to avoid delays.
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27. Combined Quality and Cost Evaluation
27.1 In the case of QCBS, the total score is Sample:

Quality- and calculated by weighting the technical and
Cost-Based financial scores and adding them as per the QCBS Only
Selection formula and instructions in the Data Sheet. The lowest evaluated Financial Proposal (Fm)
(QCBS) The Consultant that will achieve the highest is given the maximum financial score (Sf)
combined technical and financial score will of 1,000.
be invited for negotiations.
The formula for determining the financial
DS 27.1 – Only for QCBS scores (Sf) of all other Proposals is calculated
Indicate the Quality–Cost Ratio (T and P) as follows:
that is consistent with the Procurement
Plan. Sf = 1,000 x Fm/ F, in which “Sf” is the
financial score, “Fm” is the lowest ETP
ATP = proposed price +/- adjustments Evaluated Total Price (ETP), which is equal
to the Adjusted Total Price (ATP) less the
ETP = ATP – noncompetitive components Non- competitive Component, i.e., provisional
sums and contingency; and “F” is the ETP of
the proposal under consideration.
The weights given to the Technical (T) and

Financial (P) Proposals are:
T = 90 and
P = 10.
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%.
For other selection methods e.g., QBS:

delete the contents of this clause and
indicate “Not Applicable”.
Fixed-Budget Selection (FBS)
27.2 In the case of FBS, those Proposals that See sample in DS 14.1.4 and 27.2 for FBS.
exceed the budget indicated in Clause 14.1.4
of the Data Sheet shall be rejected.
27.3 The Client will select the Consultant that

submitted the Technical Proposal with the
highest score that does not exceed the
budget indicated in the RFP, and invite the
Consultant to negotiate the Contract.
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27.4 In the case of LCS, the Client will select the

Least-Cost Consultant with the lowest evaluated total
Selection (LCS) price among the consultants that achieved
the minimum technical score and invite the
Consultant to negotiate the Contract.
D. Negotiations and Award
28. Negotiations
28.1 The negotiations will be held at the date DS 28.1 – Note

and address indicated in the Data Sheet Client should ensure that the date and time
with the Consultant’s representative(s). indicated are updated prior to issuance.
The representative must have a written power
of attorney to negotiate and sign a Contract Sample:
on behalf of the Consultant.
Negotiations
Expected date and address for contract
negotiations:
Date: 15 May 2021

Address:
Conference Center,
Department of Finance,
Manila, Philippines
28.2 The Client shall prepare the minutes of

negotiations, which will be signed by the Client
and the Consultant’s authorized representative.
Availability of Key Experts
28.3 The invited Consultant shall confirm the

availability of all Key Experts included in the
Proposal as a prerequisite 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 Consultant’s Proposal and the
Client proceeding to negotiate the Contract
with the next-ranked Consultant.
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28.4 Notwithstanding this, the substitution of

Key Experts at the negotiations may be
considered if it is 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 this case, the Consultant shall offer a
substitute Key Expert within the period of
time specified in the letter of invitation to
negotiate the Contract. The substitute shall
have equivalent or better qualifications and
experience than the original Key Expert.
28.5 The negotiations include discussions of the

Technical TOR, the proposed methodology, the Client’s
negotiations 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.
Financial Negotiations
28.6 The negotiations include the clarification of

the Consultant’s tax liability in the Client’s
country and how it should be reflected in
the Contract.
28.7 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,
subject always to adjustment pursuant to 24.2
above, shall not be negotiated.
29. Conclusion of Negotiations
29.1 The negotiations are concluded with a

review of the finalized draft Contract, which
shall then be initialed by the Client and the
Consultant’s authorized representative.
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29.2 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 the disagreement persists, the Client shall
terminate the negotiations informing the
Consultant of the reasons for doing so in
writing. After having obtained the Bank’s 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.
30. Award of Contract
30.1 After completing the negotiations, the Client Sample:

shall obtain the Bank’s no objection to the
negotiated draft Contract, if applicable; Contract Award Notice
sign the Contract; publish the award The publication of the contract award
information as per the instructions in the information following the completion of the
Data Sheet; and promptly notify the other contract negotiations and contract signing will
shortlisted consultants. be done as follows:
DS 30.1 – Note http://dept.gov./contractawardinfo

• Indicate the Client’s website
address where the information The publication will occur within 30 days after
will be published. the contract signing.
• Publication information and timeline
should comply with Client’s laws
and regulations.
30.2 The Consultant is expected to commence the Sample:

assignment on the date and at the location
specified in the Data Sheet. Date of Commencement of Services
Expected date for the commencement of the
DS 30.2 – Note Services:
Client should ensure that the expected
date indicated is updated prior to June 2021 at Manila, Philippines
RFP issuance.
Inputting “XX days after contract

signing/issuance of NTP” is not
recommended because only the
first- ranked firm would have details of
contract negotiation, contract signing
dates and EA’s NTP.
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31. Procurement-Related Complaint
31.1 The procedures for making a Sample:

procurement- related complaint are as
specified in the Data Sheet. Procurement-Related Complaints
The procedures for making a
DS 31.1 – Note procurement- related complaint are detailed in
Provide the EA’s contact information paragraphs 1.31 and 1.32 of the Procurement
where shortlisted firms can send their Regulations. If a Consultant wishes to make
consulting-recruitment related complaint a procurement-related complaint, the
for this selection. Consultant shall submit its complaint following
these procedures, in writing (by the quickest
means available, such as by e-mail or fax), to:
For the attention:

Peter de la Cruz
Chairman, Committee
Department of Public Works and Highways
Project: Highway 101 Project

In summary, a procurement-related complaint

may challenge any of the following:
1. the terms of this Request for Proposal;
2. the Client’s decision to exclude a
Consultant from the procurement process
prior to the award of contract; and
3. the Client’s decision to award the contract.
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Quick Guide to the Instructions to Consultants, Data Sheet, and Selection Methods
Note that most of the ITC and DS are applicable to all selection methods. The table below highlights differences
between selection methods.
Direct
Data Contracting
ITC Clause Sheet QCBS FBS LCS CQS QBS (SSS)
A. General Provisions
1. Definitions Applicable to all Selection Methods
2. Introduction DS 2.1 Indicate selection method

Method of
Selection
DS 2.2 Yes Yes Yes Yes Recommended Yes

Submission
of Financial
Proposal
3. Conflict of Interest Applicable to all Selection Methods
4. Unfair Competitive Applicable to all Selection Methods

Advantage
5. Corrupt and Applicable to all Selection Methods

Fraudulent
Practices
6. Eligibility Applicable to all Selection Methods
B. Preparation of Applicable to all Selection Methods

Proposals
7. General Applicable to all Selection Methods

Considerations
8. Cost of Preparation Applicable to all Selection Methods

of Proposal
9. Language Applicable to all Selection Methods
10. Documents DS 10.1 Yes Yes Yes Yes Recommended Yes

Comprising the Financial
Proposal Proposal
11. Only One Proposal Applicable to all Selection Methods
12. Proposal Validity Applicable to all Selection Methods
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Direct
Data Contracting
13. Clarification and Applicable to all Selection Methods

Amendment
of Request for
Proposal (RFP)
14. Preparation of DS 14.1.2 Estimated Inputs applicable for Lump Sum Contracts

Proposals – Specific Estimated
Considerations Inputs
DS 14.1.2 Estimated Estimated Estimated Estimated Estimated or Estimated

Budget Budget Budget Not or or Maximum or
Applicable Maximum Maximum Budget Maximum
Budget Budget Budget
DS 14.1.3 Minimum inputs applicable for Time-Based Contracts

Minimum
inputs
DS 14.1.4 DS 14.1.4 Maximum Not Not Not Not

for QCBS Budget Applicable Applicable Applicable Applicable
with DS 14.1
Maximum and 27.2
Budget for FBS
15. Technical Proposal Applicable to all Selection Methods

Format and Content
16. Financial Proposal Applicable to all Selection Methods
C. Submission, Applicable to all Selection Methods

Opening, and
Evaluation
17. Submission, Sealing, Applicable to all Selection Methods

and Marking
of Proposals
DS 17.4 TP and FP TP and FP TP and FP TP and FP can be TP and

in separate in separate in separate FP in one requested FP in one
sealed sealed sealed envelope after TP envelope
envelopes envelopes envelopes evaluation
18. Confidentiality Applicable to all Selection Methods
19. Opening of Applicable to all Selection Methods

Technical Proposals
20. Proposals Applicable to all Selection Methods

Evaluation
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Direct
Data Contracting
21. Evaluation of DS 21.1 Applicable Applicable Applicable Applicable Applicable Applicable

Technical Proposals Evaluation
Sheets
(SES,
PES) and
Minimum
Technical
Score
22. Financial Proposals Not Not Not Not Applicable Not

for Quality-Based Applicable Applicable Applicable Applicable Applicable
Selection (QBS)
23. Public Opening of DS 23.1 Applicable Applicable Applicable Not Not Not

Financial Proposals Public Applicable Applicable Applicable
(for Quality- and Opening of
Cost-Based Financial
Selection (QCBS), Proposals
Fixed-Budget
Selection (FBS), and
Least- Cost Selection
(LCS) methods
24. Correction of Errors Applicable to all Selection Methods
25. Taxes Applicable to all Selection Methods
26. Conversion to Applicable to all Selection Methods

Single Currency
27. Combined Quality Applicable Highest TP Lowest Not Not Not

and Cost Evaluation within Price, Applicable Applicable Applicable
Budget qualified TP
D. Negotiations Applicable to all Selection Methods

and Award
28. Negotiations Applicable to all Selection Methods
29. Conclusion of Applicable to all Selection Methods

Negotiations
30. Award of Contract Applicable to all Selection Methods
31. Procurement- Applicable to all Selection Methods

Related Complaint
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Appendix: Evaluation Criteria
The Summary and Personnel Evaluation Sheets (SES/PES) forms part of the RFP. As referenced in DS
21.1, insert the SES/PES based on the Type of Proposal requested.
SES/PES for Full Technical Proposal (FTP)

SES/PES for Simplified Technical Proposal (STP)
SES/PES for Biodata Technical Proposal (BTP)
SES/PES should contain the evaluation criteria that the Client shall use to evaluate the Proposals from
shortlisted firms.
Sample (Blank) SES and PES for Full Technical Proposal (FTP)
downloaded from https://www.adb.org/documents/recruitment-firms-individual-consultants-executing-agencies.
ASIAN DEVELOPMENT BANK CONFIDENTIAL

SUMMARY EVALUATION SHEET FOR FULL TECHNICAL PROPOSALS
[ALL SELECTION METHODS]
Loan/Grant No.-Country: Title
Max. Firm 1 Firm 2 Firm 3 Firm 4 Firm 5 Firm 6
EVALUATION CRITERIA
Weight Rating Score Rating Score Rating Score Rating Score Rating Score Rating Score
I. Qualification 100 0 0 0 0 0 0
a. Experience in similar projects 50 0 0 0 0 0 0
b. Experience in similar geographic areas 50 0 0 0 0 0 0
II. Approach and Methodology 200 0 0 0 0 0 0
a. Understanding of Objectives 40 0 0 0 0 0 0
b. Quality of Methodology 30 0 0 0 0 0 0
c. Innovativeness/Comments on TOR 30 0 0 0 0 0 0
d. Work Program 30 0 0 0 0 0 0
e. Personnel Schedule 30 0 0 0 0 0 0
f. Counterpart Personnel & Facilities 30 0 0 0 0 0 0
g. Proposal Presentation 10 0 0 0 0 0 0
III. Personnel (Areas of Expertise) 700 0 0 0 0 0 0
Key Experts (International) 500 0 0 0 0 0 0
a. Team Leadership * 50 0 0 0 0 0 0 0 0 0 0 0 0
b. Expert 1 60 0 0 0 0 0 0 0 0 0 0 0 0
c. Expert 2 50 0 0 0 0 0 0 0 0 0 0 0 0
d. Expert 3 50 0 0 0 0 0 0 0 0 0 0 0 0
e. Expert 4 50 0 0 0 0 0 0 0 0 0 0 0 0
f. Expert 5 40 0 0 0 0 0 0 0 0 0 0 0 0
g. Expert 6 40 0 0 0 0 0 0 0 0 0 0 0 0
h. Expert 7 40 0 0 0 0 0 0 0 0 0 0 0 0
i. Expert 8 40 0 0 0 0 0 0 0 0 0 0 0 0
j. Expert 9 40 0 0 0 0 0 0 0 0 0 0 0 0
k. Expert 10 40 0 0 0 0 0 0 0 0 0 0 0 0
Key Experts (National) 200 0 0 0 0 0 0
a. Expert 1/Deputy Team Leader 20 0 0 0 0 0 0 0 0 0 0 0 0
b. Expert 2 20 0 0 0 0 0 0 0 0 0 0 0 0
c. Expert 3 20 0 0 0 0 0 0 0 0 0 0 0 0
d. Expert 4 20 0 0 0 0 0 0 0 0 0 0 0 0
e. Expert 5 20 0 0 0 0 0 0 0 0 0 0 0 0
f. Expert 6 20 0 0 0 0 0 0 0 0 0 0 0 0
g. Expert 7 20 0 0 0 0 0 0 0 0 0 0 0 0
h. Expert 8 20 0 0 0 0 0 0 0 0 0 0 0 0
i. Expert 9 20 0 0 0 0 0 0 0 0 0 0 0 0
j. Expert 10 10 0 0 0 0 0 0 0 0 0 0 0 0
k. Expert 11 10 0 0 0 0 0 0 0 0 0 0 0 0
TOTAL 1000 0 0 0 0 0 0
Rating: Excellent: 100% Very Good: 90 - 99% Above Average: 80 - 89% Average: 70 - 79% Below Average: 1 - 69% Non-complying: 0%
Please refer to F. Disqualification of an Expert, Section 2, RFP.
Score: Maximum Weight x Rating / 100 * The Team Leader must be identified among the experts.
Criteria Approved by: Date Approved: Evaluation Done by: Date Evaluated:
CHAIRPERSON CHAIRPERSON
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When using the downloaded SES/PES, it is important to ensure:
• Accuracy of the formula and links including the rating range, such as: Excellent (100%), Very Good (90%–99%),
Above Average (80%–89%), Average (70%–79%), Below Average (1%–69%), and Non-complying (0%).
• The positions or titles of Key Experts (international and national) should be consistent with the TOR included
in the RFP and Narrative Evaluation Criteria (NEC). Normally, NEC is for internal use only and is not attached
to the issued RFP.
• If the Team Leader is one of the proposed Key Experts, provide a separate row for the evaluation of the expert
for Team Leadership (both in SES and PES). The Team Leader will be evaluated for two aspects: his or her
team leadership skills and his or her technical expertise.
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• When the TOR requires multiple experts for a position such as the Resident Engineer, the SES must provide a
line for each expert, e.g., Resident Engineer 1, Resident Engineer 2, and Resident Engineer 3.
• The Client should ensure that only the Key Experts whose roles are critical to the assignment should be
evaluated and included in the SES and PES. This is because distributing the 700 evaluation points to more
than 10 Key Experts will dilute the purpose of the evaluation and is a tedious exercise that will not result in a
realistic evaluation of key personnel whose expertise are vital to the project.
• Do not include the Non-Key Experts and contractual or support staff in the SES and PES even if they are
defined in the TOR.
• The CVs of Non-Key Experts will be evaluated on a pass or fail basis based on a sufficient set of criteria.
• CVs of Non-Key Experts can be requested from the first-ranked firm prior to contract negotiations.
The Client should seek ADB’s prior approval for any deviation from the standard SES and PES templates.
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Disqualification of an Expert
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95
Section 3: Technical Proposal—

Standard Forms
Checklist of Required Forms
Do Not Modify
Form TECH-1
No need to modify Form TECH-1 – required for all proposal types (FTP, STP, BTP). The form already
includes the Statement of Undertaking, para. (h), required in DS 10.2.
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TECHNICAL PROPOSAL—STANDARD FORMS 97
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NEW Annex to Form TECH-1 – is required to facilitate sanctions list checking.
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Form TECH-2
Form TECH-2 B. para. 3 – we recommend requesting for details of similar assignments completed in the
last 5 to 10 years
For STP and BTP - Form TECH-2 is not required and should be deleted.
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Do Not Info
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Form TECH-3
No need to modify Form TECH-3 – required for FTP
For STP and BTP - Form TECH-3 is not required and should be deleted.
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Form TECH-4 - For Full Technical Proposals (FTP) or Simplified Technical Proposals (STP)
No need to modify Form TECH-4, required for FTP or STP. Attach appropriate form to the RFP.
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For BTP - Form TECH-4 is not required and should be deleted.
Do Not Info
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Form TECH-5
No need to modify Form TECH-5 – required for all proposal types (FTP, STP, BTP)
Do Not Info
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Form TECH-6A
No need to modify Form TECH-6A – required for all proposal types (FTP, STP, BTP)
Do Not Info
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Form TECH-6B
No need to modify Form TECH 6B – required for all proposal types (FTP, STP, BTP)
Do Not Info
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Do Not Info
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111
Section 4: Financial Proposal—

Standard Forms
Do Not Modify
Do Not Info
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Form FIN-1 – Financial Proposal Submission Form
No need to modify Form FIN-1
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FINANCIAL PROPOSAL—STANDARD FORMS 113
Do Not Info
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Form FIN-2 – Summary of Costs
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Form FIN-3 – Breakdown of Remuneration
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Expanded Form to FIN-3 – for QBS, CQS, and SSS
Appendix A: Financial Negotiations – Breakdown of Remuneration Rates
Delete these forms for competitive selections (i.e., QCBS, FBS, LCS)
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Form FIN-4 – Breakdown of Other Expenses, Provisional Sums, and Contingency
No need to modify Form FIN-4, unless the EA wants to provide recommended quantities for reimbursable
expenses, which should be consistent with DS 16.1
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121
Section 5: Eligible Countries
Check the Loan/Grant agreement (for funding source), Reports and Recommendations of the
President (RRP) or the Project Administration Manual (PAM) to determine which of the eight (8)
instructions below are applicable.
For Contracts to be financed by loans/grants from
1. OCR without cofinancing resources:
Unless a waiver of ADB member country procurement eligibility restrictions was approved by the ADB Board of Directors,
please insert the most recent list of ADB member countries obtainable from www.adb.org/about/members.
EXCEPTION: If any other contract under the project is financed by cofinancing resources that are administered by
ADB (other than those listed in paragraph 2 below), then please state “No nationality restrictions apply, other than
any restrictions arising from ITC 6.3.2.”
2. Regular loan from OCR with cofinancing resources from any one of the following funds:
(a) Asian Clean Energy Fund,

(b) Japan Fund for Poverty Reduction,
(c) Investment Climate Facilitation Fund,
(d) Japan Fund for the Joint Credit Mechanism, and
(e) e-Asia and Knowledge Partnership Fund.
3. Concessional loan from OCR with cofinancing resources from any one of the following funds:

(c) Japan Fund for Public Policy Training,
(d) Japan Fund for Information and Communication Technology,
(e) Investment Climate Facilitation Fund, and
(f) e-Asia and Knowledge Partnership Fund.
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4. Regular loan from OCR with cofinancing resources other than those listed in paragraph 2 above:
Please state “No nationality restrictions apply, other than any restrictions arising from ITC 6.3.2.”
5. Concessional loan from OCR with cofinancing resources other than those listed in paragraph 3 above:
6. ADF without cofinancing resources:

Unless a waiver of ADB member country procurement eligibility restrictions was approved by the ADB Board of
Directors, please insert the most recent list of ADB developed member countries that have contributed to ADF
resources, and all ADB developing member countries.
EXCEPTION: If any other contract under the project is financed by cofinancing resources that are administered by
ADB (other than those listed in paragraph 7 below), then please state “No nationality restrictions apply, other than
any restrictions arising from ITC 6.3.2.”
7. ADF with cofinancing resources from any one of the following funds:

(c) Japan Fund for Public Policy Training,
(d) Japan Fund for Information and Communication Technology,
(e) Investment Climate Facilitation Fund, and
(f) e-Asia and Knowledge Partnership Fund.
Unless a waiver of ADB member country procurement eligibility restrictions was approved by the ADB Board of
Directors, please insert the most recent list of ADB developed member countries that have contributed to ADF
resources, and all ADB developing member countries.
8. ADF with cofinancing resources other than those listed in paragraph 7 above:
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123
Section 6: Anticorruption Policy
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ANTICORRUPTION POLICY 125
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126
Section 7: Terms of Reference (TOR)
Sample structure below should be replaced with the final version of the TOR, based on the version
included in the CSRN. The TOR should clearly state the tasks, preferred qualifications, and experience
of Key Experts.
[sample structure]
1. Project Background _______________________________
2. Purpose of the Assignment (and how they relate or contribute to the overall project objectives) __________
3. Duration and Location of the Services _____________________________________________________
4. Scope of Services
[If the Services consist of or include the supervision of civil works, the following action that require prior approval by the Client shall be added:
“Taking any action under a civil works contract designating the Consultant as “Engineer”, for which action, pursuant to such civil works
contract, the written approval of the Client as “Employer” is required.”]
5. Detailed Outputs of the assignment (and applicable quality standards, where applicable)
5.1 Key Timelines or Milestones
5.2 Team Composition and Qualification Requirements for the Key Experts (and Any Other Requirements
that Will Be Used for Evaluating the Key Experts under Data Sheet 21.1 of the ITC )
5.3 Reporting Requirements and Time Schedule for Deliverables
At a minimum, list the following:

(i) format, frequency, and contents of reports;
(ii) number of copies, and requirements to electronic submission (or on CD ROM). Final reports shall be
delivered in CD ROM in addition to the specified number of hard copies;
(iii) dates of submission; and
(iv) persons [indicate names, titles, submission address] to receive them; etc.
5.4 Relevant background information or materials for the assignment

5.5 Indication is downstream work is potentially considered
5.6 Training and capacity building requirement—specify
5.7 Equipment procurement—specify procurement, asset management and transfer and insurance
requirements
6. Scope of Services, Tasks (Components), and Expected Deliverables

6.1 _______________________
6.2 [indicate if downstream work is required]
6.3 [indicate if training is a specific component of the assignment]
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TERMS OF REFERENCE 127
7. Client’s Input and Counterpart Personnel

(a) Services, facilities, and property to be made available to the Consultant by the Client:
_______________________________ [list/specify]
(b) Professional and support counterpart personnel to be assigned by the Client to the Consultant’s team:
_______________________________ [list/specify]
8. Client will provide the following inputs, project data, and reports to facilitate preparation of the Proposals:
[List or specify and attach. If none, state N/A]
9. Basis of Payment
Time-Based assignment - payments are for agreed daily or monthly rates for the consultant (normally named
in the contract) and for reimbursable (eligible out-of-pocket expense) items using actual expenses and agreed
unit prices.
Lump Sum assignment - payments under the contract are linked to achieving milestones specified in the contract.
Milestone Required Output / Deliverable % of Lump Sum Payment
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128
Section 8: Conditions of Contract

and Contract Forms
Important: Select and use either time-based or lump sum form of contract, which should match the
nature of the assignment. Delete the other. Only one form of contract should be included in the RFP.
Section 8 – Foreword – is meant to guide the reader and should be deleted from the draft RFP.
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CONDITIONS OF CONTRACT AND CONTRACT FORMS—TIME-BASED 129
Harmonized Standard Form of Contract: Consultant’s Services—Time-Based
Preliminaries
Please retain the pages below – meant to guide the EA and Firm in finalizing the Contract modified.
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I. Form of Contract
Please retain the pages below – these can be finalized during contract negotiations.
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II. General Conditions of Contract
General Conditions of Contract (GCC) must not be modified.
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III. Special Conditions of Contract
Some provisions of the Special Conditions of Contract (SCC) can be filled out, and this information will
help the shortlisted firms in preparing their proposal.
Text in the GCC placed beside the SCC for easy reference. Only DS should be modified.
Amendments of, and Supplements to,

Number Clauses in the General Conditions of Contract
of GC General Conditions of Contract (GCC) (TIME-BASED) – Special Conditions
Clause DO NOT MODIFY of Contract (SCC)
1 (b) “Applicable Guidelines” are guidelines or policies Sample:

of the Asian Development Bank governing the
selection and contract award process as specified Applicable Guidelines
in the Special Conditions of Contract (SCC).
SCC 1(b) - Note Procurement Regulations for ADB Borrowers
Copy applicable guidelines from Data 2017 (as amended from time to time)
Sheet 1(b) (Procurement Regulations)
1 (c) and 1(c) Sample:

3.1 “Applicable Law” means the laws and any other
instruments having the force of law in the Client’s Applicable Law
country, or in such other country as may be
specified in the SCC, as they may be issued and in The Contract shall be construed in accordance
force from time to time. with the law of the Republic of the Philippines.
3.1 Note: Bank-financed contracts normally

This Contract, its meaning and interpretation, and designate the law of the Client’s] country as
the relation between the Parties shall be governed the law governing the contract. However,
by the Applicable Law as specified in the SCC. the Parties may designate the law of another
country, in which case the name of the
respective country should be inserted, and
SCC 1(c) and 3.1 - Note
the square brackets should be removed.
Copy country of applicable law from
Data Sheet 1(c)
4.1 This Contract has been executed in the language Sample:

specified in the SCC, which shall be the binding
and controlling language for all matters relating to Language
the meaning or interpretation of this Contract.
The language is English.
SCC 4.1 - Note
Copy language set in Data Sheet 9.1
Note: Unless otherwise approved by the
Bank, the RFP and other relevant documents
and communication should be in the
English language.
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6.1 and 6.1. SCC 6.1 and 6.2 – Note

6.2 Any communication required or permitted to Fill details for Client only
be given or made pursuant to this Contract
shall be in writing in the language specified in Contact Details
Clause GCC 4. Any such notice, request, or
consent shall be deemed to have been given or Client:
made when delivered in person to an authorized
Attention:
representative of the Party to whom the
communication is addressed, or when sent to Facsimile:
such Party at the address specified in the SCC.
E-mail
(where permitted):
6.2.
Consultant:
A Party may change its address for notice
hereunder by giving the other Party any Attention:
communication of such change to the address
specified in the SCC. Facsimile:
E-mail
(where permitted):
8.1 In case the Consultant is a JV, the members SCC 8.1 – No need to modify. To be filled
hereby authorize the member specified in the out during contract negotiations.
SCC to act on their behalf in exercising all the
Consultant’s rights and obligations toward the Lead Member of Joint Venture
Client under this Contract, including without
limitation the receiving of instructions and [Note: If the Consultant consists only of one entity,
payments from the Client. 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 SCC 6.1 should be
inserted here.]
The Lead Member on behalf of the JV is

______________________________ [insert
name of the member]
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9.1 Any action required or permitted to be taken,

SCC 9.1 – Note
and any document required or permitted to be
Fill details for Client’s Authorized
executed under this Contract by the Client or
Representative only
the Consultant may be taken or executed by the
officials specified in the SCC.
Authorized Representatives
The Authorized Representatives are:
For the Client: [insert name, title]
For the Consultant: [insert name, title]
11.1 This Contract shall come into force and effect SCC 11.1 – Note
on the date (the “Effective Date”) of the List here any conditions of effectiveness,
Client’s notice to the Consultant instructing the examples below:
Consultant to begin carrying out the Services. approval of the Contract by the Bank;
This notice shall confirm that the effectiveness effectiveness of the Bank [loan/grant];
conditions, if any, listed in the SCC have been receipt by the Consultant of an advance
met. payment; or an advance payment guarantee
by the Client (Clause SCC 45.1(i)).
Sample:
Conditions of Effectiveness of Contract
Effectiveness of the Bank loan.

Note: If there are no effectiveness conditions,
state “N/A”
12.1 If this Contract has not become effective within SCC 12.1 – Note
such time period after the date of Contract Suggested time frame is four (4) months to
signature as specified in the SCC, either Party allow for the conditions to be met. This may
may, by not less than 22 days written notice to be varied depending on the conditions of
the other Party, declare this Contract to be null effectiveness and the time anticipated by the
and void, and in the event of such a declaration Client to meet those conditions.
by either Party, neither Party shall have any claim
against the other Party with respect hereto. Sample:
Termination of Contract for Failure to Become

Effective:
The time period shall be 4 months from the date

the Contract was signed.
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13.1 The Consultant shall confirm the availability of Sample:

Key Experts and begin carrying out the Services
not later than the number of days after the Commencement of Services:
Effective Date specified in the SCC.
The number of days shall be 10 days after the
effective date of the Contract.
SCC 13.1 – Note
The confirmation of Key Experts availability Confirmation of Key Experts’ availability to start
should be in accordance with the agreed the Assignment shall be submitted to the Client in
schedule, which shall be submitted to the writing as a written statement signed by each Key
client in writing by each Key Expert as a Expert.
precondition to start the assignment.
14.1 Unless terminated earlier pursuant to Clause

GCC 19 hereof, this Contract shall expire at the SCC 14.1 – Note
end of such time period after the Effective Date Indicate contract duration. Contract period
as specified in the SCC. should be consistent with the TOR and to
end before the loan closing date.
Sample:
Contract Period
Expiration of Contract: The time period shall be

12 months after the effective date of Contract.
21.1.3 Consultant and Affiliates Not to Engage in SCC 21.1.3 – Retain default provision.
Certain Activities
The Consultant agrees that, during the term Conflict
of this Contract and after its termination, the
Consultant and any entity affiliated with the The Client may disqualify the Consultant from
Consultant, as well as any Sub-Consultants and providing goods, works, or nonconsulting services
any entity affiliated with such Sub-Consultants, due to a conflict of a nature described in Clause
shall be disqualified from providing goods, works, GCC 21.1.3.
or non-consulting services resulting from or
directly related to the Consultant’s Services for
the preparation or implementation of the project,
unless otherwise indicated in the SCC.
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23.1 Subject to additional provisions, if any, set forth SCC 23.1 – Choose from the 2 options
in the SCC, the Consultant’s liability under below, as appropriate.
this Contract shall be as determined under the
Applicable Law. Sample 1:
Consultant’s Liability
No additional provisions.
Sample 2:
The following limitation of the Consultant’s
Liability towards the Client can be subject to the
Contract’s negotiations:
“Limitation of the Consultant’s 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 Client, 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;
Note: Multiplier should not be less than 1x
value of the contract.
(b) This limitation of liability shall not

(i) affect the Consultant’s 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 [insert
“Applicable Law”, if it is the law of the Client’s
country, or insert “applicable law in the
Client’s country”, if the Applicable Law stated
in Clause SCC 1.1(c) is different from the law
of the Client’s country].
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SCC 23.1(continued) - Do not delete note to

Client and Consultant below.
Retain this text:
[Notes to the Client and the Consultant:
Any suggestions made by the Consultant in the

Proposal to introduce exclusions or limitations of the
Consultant’s 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 Bank’s policy on this matter
which is as follows:
To be acceptable to the Bank, any limitation of

the Consultant’s liability should at the very least
be reasonably related to (a) the damage the
Consultant might potentially cause to the Client and
(b) the Consultant’s ability to pay compensation
using its own assets and reasonably obtainable
insurance coverage. The Consultant’s liability shall
not be limited to less 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 Consultant’s
liability should never be limited to loss or damage
caused by the Consultant’s gross negligence or
willful misconduct.
The Bank does not accept a provision to the effect

that the Client shall indemnify and hold the
Consultant harmless 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 Client’s country.]
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24.1 The Consultant (i) shall take out and maintain,

SCC 24.1 – Note
and shall cause any Sub-Consultants to take out
Delete what is not applicable except (a).
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 Sample:
against the risks, and for the coverage specified
in the SCC, and (ii) at the Client’s request, shall Insurance Coverage
provide evidence to the Client showing that the
insurance has been taken out and maintained The insurance coverage against the risks shall be
and that the current premiums have been paid. as follows:
The Consultant shall ensure that such insurance (a) Professional liability insurance, with a
is in place prior to commencing the Services as minimum coverage of $1 million
stated in Clause GCC 13.
Note: Insert amount and currency that
should be not less than the total ceiling
amount of the Contract
(b) Third Party motor vehicle liability insurance

in respect of motor vehicles operated in the
Client’s country by the Consultant or its
Experts or Sub-Consultants, with a minimum
coverage in accordance with the applicable law
in the Client’s country;
Note: Insert amount and currency or state

“in accordance with the applicable law in the
Client’s country”.
(c) Third Party liability insurance, with a

minimum coverage in accordance with the
applicable law in the Client’s country;

(d) employer’s liability and workers’

compensation insurance of the Experts
and Sub-Consultants in accordance with
the relevant provisions of the applicable
law in the Client’s country, as well as, with
respect to such Experts, any such life, health,
accident, travel, or other insurance as may be
appropriate; and
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(e) insurance against loss of or damage to

(i) equipment purchased in whole or in part
with funds provided under this Contract,
(ii) the Consultant’s property used in the
performance of the Services, and (iii) any
documents prepared by the Consultant in the
performance of the Services.
27.1 Unless otherwise indicated in the SCC, all reports SCC 27.1 – Note
and relevant data and information such as maps, Insert “None” if there are no exceptions.
diagrams, plans, databases, other documents, If applicable, insert any exceptions to
and software, or supporting records or materials proprietary rights provision.
compiled or prepared by the Consultant for
the Client in the course of the Services shall
be confidential and become and remain the Sample:
absolute property of the Client. The Consultant
shall deliver all such documents to the Client, Exceptions to Proprietary Rights
together with a detailed inventory thereof not
later than the date of termination or expiration None
of this Contract. The Consultant may retain a
copy of these documents, data, and/or software
but shall not use the same for purposes unrelated
to this Contract without prior written approval of
the Client.
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27.2 If license agreements are necessary or appropriate Sample 1:

between the Consultant and third parties for
purposes of development of the plans, drawings, Future Use of Documents
specifications, designs, databases, other
documents, and software, the Consultant shall The Consultant shall not use these [insert what
obtain the Client’s prior written approval to such applies ……. documents and software………..] for
agreements, and at its discretion the Client shall purposes unrelated to this Contract without the
be entitled to require recovering the expenses prior written approval of the Client.
related to the development of the program(s)
concerned. Other restrictions about the future Sample 2:
use of these documents and software, if any, shall
be specified in the SCC. Future Use of Documents
SCC 27.2 – Note The Client shall not use these [insert what
If there is to be no restriction on the future applies……. documents and software……….] for
use of these documents by either Party, this purposes unrelated to this Contract without the
Clause SCC 27.2 should be deleted. prior written approval of the Consultant.
If there is to be no restriction on the future Sample 3:

use of these documents by either Party, this
Clause SCC 27.2 should be deleted. If the Future Use of Documents
Parties wish to restrict such use, any of the
following options, or any other option agreed Neither Party shall use these [insert what
to by the Parties, could be used: applies……documents and software……….] for
purposes unrelated to this Contract without the
prior written approval of the other Party.
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35.1 35.1
SCC 35.1(a–f) – Note
(a) Unless otherwise specified in the SCC, the Client
List here any changes or additions to Clause
through shall use its best efforts to:
GCC 35.1. If there are no such changes or
(f)
additions, delete this Clause SCC 35.1.
(a) Assist the Consultant with obtaining work
permits and other documents as shall be Sample:
necessary to enable the Consultant to
perform the Services.
Assistance and Exemptions
(b) Assist the Consultant with promptly
obtaining, for the Experts and, if appropriate, Assist the Consultants with obtaining the
their eligible dependents, all necessary entry necessary firm permit for the use of custom IT
and exit visas, residence permits, exchange equipment and software.
permits, and any other documents required
for their stay in the Client’s 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.
(d) Issue all instructions and information to

officials, agents, and representatives of
the Government that may be necessary or
appropriate for the prompt and effective
implementation of the Services.
(e) 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
Client’s country according to the Applicable
Law in the Client’s country.
(f) Assist the Consultant, any Sub-Consultants,

and their Experts with obtaining the privilege,
pursuant to the Applicable Law in the
Client’s country, of bringing into the Client’s
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.
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35.1(g) (g) Provide to the Consultant any such other

SCC 35.1(g) – Note
assistance as may be specified in the SCC.
List here any other assistance to be provided
by the Client. If there are no such changes or
Sample:
Other Assistance to be Provided by Client
Assist the Consultant with obtaining the

necessary permits in the construction site.
41.2 Payments under this Contract shall not exceed the SCC 41.2 – No need to modify. To be filled
ceilings in foreign and local currencies specified in out during contract negotiations.
the SCC.
Currency Ceilings
The ceiling in foreign currency or currencies is:

____________________ [insert amount and
currency for each currency and whether it is inclusive
or exclusive] of local indirect taxes and other local
taxes in accordance with GCC 43.2.
The ceiling in local currency is:

___________________ [insert amount and
currency for each currency and whether it is inclusive
or exclusive] of local indirect taxes and other local
taxes in accordance with GCC 43.2.
Any indirect local taxes and other local taxes in

accordance with GCC 43.2 chargeable in respect
of this Contract for the Services provided by the
Consultant shall [insert as appropriate: “be paid” or
“reimbursed”] by the Client [insert as appropriate
“for” or “to”] the Consultant.
Note: Tax provisions must be consistent with

ITC/DS 16 and 25.
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42.3 Unless the SCC provides for the price adjustment

SCC 35.1(g) – Note
of the remuneration rates, the remuneration shall
Price adjustment provision must be
be fixed for the duration of the Contract.
consistent with DS 16.2.
Note to Client:
If the Contract is less than 18 months, price Sample 1:
adjustment does not apply.
Price Adjustments
If however, price adjustment does apply, the
draft contract attached to the RFP must indicate Price adjustment on the remuneration does not
which of the formulas provided below applies as apply.
the Consultant needs to have this information in
order to prepare its Financial Proposal. Sample 2:
If the Contract duration is more than Price Adjustments

18 months, a price adjustment provision on the
remuneration for foreign and/or local inflation Price adjustment on the remuneration applies.
shall be included here.
Payments for remuneration made in foreign
The adjustment should be made every and/or local currency shall be adjusted
12 months after the date of the contract as follows:
for remuneration in foreign currency
and—except if there is very high inflation
in the Client’s country, in which case more
frequent adjustments should be provided
for—at the same intervals for remuneration
in local currency.
Remuneration in a foreign currency should

be adjusted by using the relevant index for
salaries in the country of the respective foreign
currency (which normally is the country of the
Consultant) and remuneration in the local
currency by using the corresponding index for the
Client’s country.
A sample provision is provided here for guidance:
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Sample 2.a, Remuneration paid in

Notes on Formulas
Foreign Currency:
The Client may choose one from the two
formulas presented in item (1) for foreign
(1) Remuneration paid in foreign currency on
currency and item (2) for local currency.
the basis of the rates set forth in Appendix C
shall be adjusted every 12 months (and, the
If the consultant will be paid in foreign
first time, with effect for the remuneration
currency, the index is stated as index of
earned in the 13th calendar month after the
foreign currency. For example, if foreign
date of the Contract Effectiveness date) by
currency is in United States (US) dollars,
applying the following formula:
the US Bureau of Labor Statistics index shall
apply.
The Client should indicate the selected
formula in the draft contract attached to the
If the Consultant will be paid in local
RFP. The first formula requires 100% of the
currency, the index produced in the country
firm’s remuneration to be subject to price
that is the source of currency shall be used.
adjustment, whereas the second formula
Normally, it shall be an index which is similar
requires only 90% of the firm’s remuneration
to the US Bureau of Labor Statistics of
to be subject to price adjustment. The
the Department of Labor. If, for example,
Client’s choice of formula is information
the index for wage or salary inflation is not
that the Consultant needs to know when
produced for the country, the CPI should be
preparing its financial proposal.
a reasonable alternative.
Both the Client and the Consultant should If

agree on the index to be used at negotiations Rf = Rfo × ——
Ifo
to avoid any dispute.
or
If
Rf = Rfo × [ 0.1 + 0.9 —— ]
Ifo
where
Rf is the adjusted remuneration;
Rfo is the remuneration payable on the basis of

the remuneration rates (Appendix C) in foreign
currency;
If is the official index for salaries in the country of

the foreign currency for the first month for which
the adjustment is supposed to have effect; and
Ifo is the official index for salaries in the country of

the foreign currency for the month of the date of
the Contract.
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The Consultant shall state here the name,

source institution, and any necessary identifying
characteristics of the official index for salaries
corresponding to If and Ifo in the adjustment
formula for remuneration paid in foreign currency:
[Insert the name, source institution, and necessary
identifying characteristics of the index for foreign
currency, e.g., “Consumer Price Index for all Urban
Consumers (CPI-U), not seasonally adjusted;
United States Department of Labor, Bureau of
Labor Statistics”]
Notes on Formulas Sample 2.b, Remuneration paid in

The Client may choose one from the two Local Currency:
formulas presented in item (1) for foreign
currency and item (2) for local currency. (2) Remuneration paid in local currency
pursuant to the rates set forth in Appendix
If the consultant will be paid in foreign D shall be adjusted every [insert number]
currency, the index is stated as index of months (and, for the first time, with
foreign currency. For example, if foreign effect for the remuneration earned in the
currency is in United States (US) dollars, [insert number] the calendar month after
the US Bureau of Labor Statistics index the date of the Contract) by applying the
shall apply. following formula:
If the Consultant will be paid in local The Client should indicate the selected
currency, the index produced in the country formula in the draft contract attached to the
that is the source of currency shall be used. RFP. The first formula requires 100% of the
Normally, it shall be an index which is similar firm’s remuneration to be subject to price
to the US Bureau of Labor Statistics of adjustment, whereas the second formula
the Department of Labor. If, for example, requires only 90% of the firm’s remuneration
the index for wage or salary inflation is not to be subject to price adjustment. The
produced for the country, the CPI should be Client’s choice of formula is information
a reasonable alternative. that the Consultant needs to know when
preparing its financial proposal.
Both the Client and the Consultant should
agree on the index to be used at negotiations Il
to avoid any dispute. Rl = Rlo × ——
Ilo
or
Il
Rl = Rlo × [ 0.1 + 0.9 —— ]
Ilo
where
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Rl is the adjusted remuneration;
Rlo is the remuneration payable on the basis of

the remuneration rates (Appendix D) in local
currency;
Il is the official index for salaries in the Client’s

country for the first month for which the
adjustment is to have effect; and
Ilo is the official index for salaries in the Client’s

country for the month of the date of the Contract.
The Client shall state here the name, source

institution, and any necessary identifying
characteristics of the official index for salaries
corresponding to Il and Ilo in the adjustment
formula for remuneration paid in local currency:
[Insert the name, source institution, and necessary
identifying characteristics of the index for
foreign currency]
Sample 2, continued:
(3) Any part of the remuneration that is paid in

a currency different from the currency of the
official index for salaries used in the adjustment
formula, shall be adjusted by a correction factor
X0/X. X0 is the number of units of currency of the
country of the official index, equivalent to one
unit of the currency of payment on the date of
the contract. X is the number of units of currency
of the country of the official index, equivalent to
one unit of the currency of payment on the first
day of the first month for which the adjustment is
supposed to have effect.
42.4 The remuneration rates shall cover: (i) salaries SCC 42.4 – Note
and allowances as the Consultant agreed to pay State “Not Applicable” if there are no other
the Experts as well as factors for social charges items to be covered as remuneration.
and overheads (bonuses or other means of
profit-sharing shall not be allowed as an element Other Items to Be Covered As Remuneration
of overheads), (ii) the cost of backstopping by
home office staff not included in the Experts’ list If there are no other items to be covered as
in Appendix B, (iii) the Consultant’s profit, and remuneration apart from those already specified in
(iv) any other items as specified in the SCC. GCC 42.4, please insert “Not applicable”.
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43.1 and 43.1 Sample 1 – with tax exemption:

43.2 The Consultant, Sub-Consultants, and Experts
are responsible for meeting any and all tax Taxes and Duties
liabilities arising out of the Contract unless it is The Client warrants that the Consultant, the
stated otherwise in the SCC. Sub- Consultants, and the Experts shall be
exempt from any local indirect taxes and other
43.2 local taxes in accordance with GCC 43.2, duties,
As an exception to the above and as stated in fees, levies, and other impositions imposed, under
the SCC, all local identifiable indirect taxes and the applicable law in the Client’s country, on the
other local taxes which are not included in the Consultant, the Sub-Consultants and the Experts
Consultant’s Financial proposal in accordance in respect of:
with ITC 25, which are itemized and finalized (a) any payments whatsoever made to the
at Contract negotiations, are reimbursed to the Consultant, Sub-Consultants and the Experts
Consultant or are paid by the Client on behalf of (other than nationals or permanent residents
the Consultant. of the Client’s country), in connection with
the carrying out of the Services;
Note on Taxes (b) any equipment, materials, and supplies
The Bank leaves it to the Client to decide brought into the Client’s country by the
whether the Consultant Consultant or Sub-Consultants for the
(i) s hould be exempted from indirect local purpose of carrying out the Services and
taxes and other local taxes in accordance which, after having been brought into such
with GCC 43.2, or territories, will be subsequently withdrawn
(ii) s hould be reimbursed by the Client for by them;
any such tax they might have to pay (c) any equipment imported for the purpose of
(or that the Client would pay such tax carrying out the Services and paid for out of
on behalf of the Consultant) funds provided by the Client and which is
treated as property of the Client; and
(d) any property brought into the Client’s country
Choose one applicable option consistent by the Consultant, any Sub-Consultants
with the ITC 16.3 and the outcome of the or the Experts (other than nationals or
Contract’s negotiations: permanent residents of the Client’s 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 Client’s
country, provided that:
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i. the Consultant, Sub-Consultants, and

Experts shall follow the usual customs
procedures of the Client’s country in
importing property into the Client’s
country; and
ii. if the Consultant, Sub-Consultants or
Experts do not withdraw but dispose
of any property in the Client’s 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 Client’s 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 Client’s country.
Choose one applicable option consistent Sample 2 – without tax exemption,

with the ITC 16.3 and the outcome of the Client to pay on behalf of the Consultant
Taxes and Duties
The Client warrants that the Client shall pay on
behalf of the Consultant, the Sub-Consultants
and the Experts, any local indirect taxes and
other local taxes in accordance with GCC 43.2,
duties, fees, levies, and other impositions
imposed, under the applicable law in the Client’s
country, on the Consultant, the Sub-Consultants
and the Experts in respect of:
(e) any payments whatsoever made to the
Consultant, Sub-Consultants and the Experts
(other than nationals or permanent residents
of the Client’s country), in connection with
(f) any equipment, materials, and supplies
brought into the Client’s 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;
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(g) any equipment imported for the purpose of

carrying out the Services and paid for out of
funds provided by the Client and which is
(h) any property brought into the Client’s country
by the Consultant, any Sub-Consultants
or the Experts (other than nationals or
permanent residents of the Client’s country),
i. the Consultant, Sub-Consultants and
country; and
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Sample 3 – without tax exemption,

Choose one applicable option consistent
Client shall reimburse the Consultant
with the ITC 16.3 and the outcome of the
Taxes and Duties
The Client warrants that the Client shall
reimburse the Consultant, the Sub-Consultants
and the Experts, any local indirect taxes and
other local taxes in accordance with GCC 43.2,
duties, fees, levies, and other impositions
imposed, under the applicable law in the Client’s
country, on the Consultant, the Sub-Consultants
and the Experts in respect of:
(i) any payments whatsoever made to the
(j) any equipment, materials, and supplies
by them;
(k) any equipment imported for the purpose of
(l) any property brought into the Client’s country
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country; and
44.1 Any payment under this Contract shall be made SCC 44.1 – No need to modify. This should
in the currency(ies) specified in the SCC. be filled out and finalized during contract
negotiations.
Currency of Payments
The currency(ies) of payment shall be the

following: [list currency(ies) which should be the
same as in the Financial Proposal, Form FIN-2].
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45.1(a) 45.1 Advance Payments

Billings and payments in respect of the Services [Note: The advance payment could either be in the
shall be made as follows: foreign currency, or the local currency, or both; select
the appropriate wording in the Clause here below.
(a) The advance bank payment guarantee should be in
Advance payment. Within the number of days the same currency(ies).]
after the Effective Date, the Client shall provide
the Consultant with an advance payment as The following provisions shall apply to the
specified in the SCC. Unless otherwise indicated advance payment and the advance bank
in the SCC, an advance payment shall be made payment guarantee:
against an advance payment bank guarantee (1) An advance payment of [insert amount]
acceptable to the Client in an amount (or in foreign currency and of [insert amount]
amounts) and in a currency (or currencies) in local currency shall be made within [insert
specified in the SCC. This guarantee (i) is to number] days after the Effective Date.
remain effective until the advance payment has The advance payment will be set-off by
been fully set off, and (ii) is to be in the form set the Client in equal installments against
forth in Appendix E, or in such other form as the the statements for the first [insert number]
Client shall have approved in writing. The advance months of the Services until the advance
payments will be set off by the Client in equal payment has been fully set-off.
installments against the statements for the (2) The advance bank payment guarantee shall
number of months of the Services specified in the be in the amount and in the currency of the
SCC until the advance payments have been fully currency(ies) of the advance payment.
set off.
Notes on Payment Provisions
SCC 45.1(a) - No need to modify. This Payment provisions, including amounts
should be filled out and finalized during to be paid, schedule of payments, and
contract negotiations. payment procedures, shall be agreed upon
during negotiations.
Payments may be made at regular intervals
(as under time-based contracts) or for agreed
outputs (as under lump sum contracts).
For loan consultant contracts, the borrower
may request the consultant to provide an
advance payment guarantee against the
amount advanced by the borrower.
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45.1(b) (b)
SCC 45.1(b) – Note
Itemized invoices. As soon as practicable and
• Insert time interval for itemized
not later than fifteen (15) days after the end of
statements (e.g., every quarter, every
each calendar month during the period of the
6 months, every 2 weeks)
Services, or after the end of each time interval
• Delete this Clause SCC 45.1(b) if the
otherwise indicated in the SCC, the Consultant
Consultant shall submit its itemized
shall submit to the Client, in duplicate, itemized
statements monthly.
invoices, accompanied by the receipts or other
appropriate supporting documents, of the
amounts payable pursuant to Clauses GCC 44 Sample for Quarterly Reporting:
and GCC 45 for such interval, or any other period
indicated in the SCC. Separate invoices shall Itemized Statements
be submitted for expenses incurred in foreign
currency and in local currency. Each invoice The Consultant shall submit itemized statements
shall show remuneration and reimbursable to the Client at time intervals of every quarter.
expenses separately.
45.1(e) (e) SCC 45.1(e) – No need to modify.

All payments under this Contract shall be made To be filled out and finalized during
to the accounts of the Consultant specified in contract negotiations.
the SCC.
Consultant’s Accounts
The accounts are:
for foreign currency: [insert account].
for local currency: [insert account].
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46.1 If the Client had delayed payments beyond

SCC 46.1 – Note
fifteen (15) days after the due date stated in
Insert annual interest rate for
Clause GCC 45.1 (c), interest shall be paid to the
delayed payments.
Consultant on any amount due by, not paid on,
the due date for each day of delay at the annual
Normally, the interest rates on delayed
rate stated in the SCC.
payment should be:
• no less than LIBOR* + 100bp (if LIBOR*
for the currency exists); or
• for currencies with no LIBOR*, apply
interbank rate plus spread (probably no
more than 300 bp).
* LIBOR phased out starting 1 January 2022.

For details on LIBOR transition, see
https://www.adb.org/what-we-
do/public-sector-financing/libor-
transition#accordion-0-0.
SOFR (Secured Overnight Financing Rate)
Data available at https://www.newyorkfed.
org/markets/reference-rates/sofr
Sample:
Interest Rate on Delayed Payments
The interest rate is: prime lending rate of the

Banque Pour Le Commerce Exterieur Lao Public
(BCEL) or 0.01 percent per day, whichever is less.
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49. Any dispute between the Parties arising under or Default Text:
related to this Contract that cannot be settled
amicably may be referred to by either Party to the Dispute Resolutions
adjudication or arbitration in accordance with the Disputes shall be settled by arbitration in
provisions specified in the SCC. accordance with the following provisions:
SCC 49 – Notes
The Client may choose the most Selection of Arbitrators. Each dispute
1.
cost- efficient among three arbitration submitted by a Party to arbitration shall be
choices provided in this Standard Request heard by a sole arbitrator or an arbitration
for Proposal. The list of other arbitrators can panel composed of three (3) arbitrators, in
be obtained from FIDIC. accordance with the following provisions:
Please also note that not all ADB developing (a) Where the Parties agree that the dispute
member countries are signatories to the concerns a technical matter, they may
United Nations Convention (1958) on agree to appoint a sole arbitrator or,
recognition of Foreign Arbitral Awards. failing agreement on the identity of
The list of signatories can be checked here: such sole arbitrator within thirty (30)
http://www.uncitral.org/uncitral/en/ days after receipt by the other Party
uncitral_texts/arbitration/NYConvention_ of the proposal of a name for such an
status.html. appointment by the Party who initiated
the proceedings, either Party may apply
to [name an appropriate international
Important: professional body, e.g., the Fédération
• In contracts with foreign consultants, Internationale Des Ingénieurs-Conseils
the Bank requires that the international (FIDIC) of Lausanne, Switzerland] for a
commercial arbitration in a neutral venue list of not fewer than five (5) nominees
is used. and, on receipt of the list, the Parties
• For national shortlisting, the Project shall alternately strike names therefrom,
Division should consult with ADB’s and the last remaining nominee on the
Office of General Counsel for advice to list shall be the sole arbitrator for the
the Client. 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, [insert the name of the same
professional body as above] shall appoint,
upon the request of either Party and from
such list or otherwise, a sole arbitrator for
the matter in dispute.
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(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 second arbitrator named by
the Parties has been appointed, the
third arbitrator shall, at the request of
either Party, be appointed by [name
an appropriate international appointing
authority, e.g., the Secretary-General
of the Permanent Court of Arbitration,
The Hague; the Secretary-General of the
International Centre for Settlement of
Investment Disputes, Washington, DC;
the International Chamber of Commerce,
Paris; etc.].
(c) 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 that has named an arbitrator
may apply to the [name the same
appointing authority as in said paragraph
(b)] 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

2
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,

3.
an arbitrator is unable to perform his or her
function, a substitute shall be appointed in
the same manner as the original arbitrator.
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Nationality and Qualifications of

4.
Arbitrators. The sole arbitrator or the third
arbitrator appointed pursuant to paragraphs
1(a) to 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
Consultant’s home country [Note: 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 Government’s
country. For the purposes of this Clause,
“home country” means any of:
(a) the country of incorporation of the
Consultant [Note: 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 Consultant’s
[or any of their members’ or Parties’]
principal place of business is located; or
(c) the country of nationality of a majority of
the Consultant’s [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

5.
proceeding hereunder:
(a) proceedings shall, unless otherwise
agreed by the Parties, be held in [select a
country which is neither the Client’s country
nor the Consultant’s country];
(b) the [insert type of language] 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
Retain these pages – containing instructions and templates on finalizing appendices, for reference
during contract negotiations
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Harmonized Standard Form of Contract: Consultant’s Services—Lump Sum
Preliminaries
Please retain the pages below – meant to guide the EA and Firm in finalizing the Contract modified.
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CONDITIONS OF CONTRACT AND CONTRACT FORMS—LUMP SUM 191
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I. Form of Contract
Please retain the pages below – these can be finalized during contract negotiations
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II. General Conditions of Contract
General Conditions of Contract (GCC) must not be modified.
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III. Special Conditions of Contract
Some provisions of the Special Conditions of Contract (SCC) can be filled out, and this information will
help the shortlisted firms in preparing their proposal.
GCC column was placed beside the SCC for easy reference. Only DS column should be modified.

of GC General Conditions of Contract (GCC) (LUMP SUM) – Special Conditions
1 (b) “Applicable Guidelines” are guidelines or policies Sample:

of the Asian Development Bank governing the
selection and contract award process as specified Applicable Guidelines
in the Special Conditions of Contract (SCC).
SCC 1(b) – Note Procurement Regulations for ADB Borrowers
Copy applicable guidelines from Data 2017 (as amended from time to time)
Sheet 1(b) (Procurement Regulations)
1 (c) and 1(c) Sample:

3.1 “Applicable Law” means the laws and any other
instruments having the force of law in the Client’s Applicable Law
country, or in such other country as may be
specified in the SCC, as they may be issued and in The Contract shall be construed in accordance
force from time to time. with the law of the Republic of the Philippines.
3.1 Note: Bank-financed contracts normally

This Contract, its meaning and interpretation, and designate the law of the Client’s] country as
the relation between the Parties shall be governed the law governing the contract. However,
by the Applicable Law as specified in the SCC. the Parties may designate the law of another
country, in which case the name of the
respective country should be inserted, and
SCC 1(c) and 3.1 – Note
the square brackets should be removed.
Copy country of applicable law from
Data Sheet 1(c)
4.1 This Contract has been executed in the language Sample:

specified in the SCC, which shall be the binding
and controlling language for all matters relating to Language
the meaning or interpretation of this Contract.
The language is English.
SCC 4.1 – Note
Copy language set in Data Sheet 9.1
Note: Unless otherwise approved by the
Bank, the RFP and other relevant documents
and communication should be in the English
language.
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6.1 and 6.1. SCC 6.1 and 6.2 – Note

6.2 Any communication required or permitted to Fill details for Client only
be given or made pursuant to this Contract
shall be in writing in the language specified in Contact Details
Clause GCC 4. Any such notice, request, or
consent shall be deemed to have been given or Client:
made when delivered in person to an authorized
Attention:
representative of the Party to whom the
communication is addressed, or when sent to Facsimile:
such Party at the address specified in the SCC.
E-mail
(where permitted):
6.2.
Consultant:
A Party may change its address for notice
hereunder by giving the other Party any Attention:
communication of such change to the address
specified in the SCC. Facsimile:
E-mail
(where permitted):
8.1 In case the Consultant is a JV, the members SCC 8.1 – No need to modify. This should
hereby authorize the member specified in the be filled out and finalized during contract
SCC to act on their behalf in exercising all the negotiations.
Consultant’s rights and obligations toward the
Client under this Contract, including without Lead Member of Joint Venture
limitation the receiving of instructions and
payments from the Client. [Note: 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]
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9.1 Any action required or permitted to be taken,

SCC 9.1 – Note
and any document required or permitted to be
Fill details for Client’s Authorized
executed under this Contract by the Client or
Representative only.
the Consultant may be taken or executed by the
officials specified in the SCC.
Authorized Representatives
The Authorized Representatives are:
For the Client: [insert name, title]
For the Consultant: [insert name, title]
11.1 This Contract shall come into force and effect

on the date (the “Effective Date”) of the
Client’s notice to the Consultant instructing the SCC 11.1 – Note
Consultant to begin carrying out the Services. List here any conditions of effectiveness,
This notice shall confirm that the effectiveness examples below:
conditions, if any, listed in the SCC have • approval of the Contract by the Bank;
been met. • effectiveness of the Bank [loan/grant];
• receipt by the Consultant of an advance
payment; or
• an advance payment guarantee by the
Client (Clause SCC 45.1(i)).
Sample:
Conditions of Effectiveness of Contract
Effectiveness of the Bank loan.

Note: If there are no effectiveness conditions,
state “N/A”
12.1 If this Contract has not become effective within SCC 12.1 – Note
such time period after the date of Contract Suggested time frame is four (4) months to
signature as specified in the SCC, either Party allow for the conditions to be met. This may
may, by not less than 22 days written notice to be varied depending on the conditions of
the other Party, declare this Contract to be null effectiveness and the time anticipated by the
and void, and in the event of such a declaration Client to meet those conditions.
by either Party, neither Party shall have any claim
against the other Party with respect hereto. Sample:
Termination of Contract for Failure to Become

Effective:
The time period shall be 4 months from the date

the Contract was signed.
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13.1 The Consultant shall confirm the availability of Sample:

Key Experts and begin carrying out the Services
not later than the number of days after the Commencement of Services:
Effective Date specified in the SCC.
The number of days shall be 10 days after the
effective date of the Contract.
SCC 13.1 – Note
The confirmation of Key Experts availability
Confirmation of Key Experts’ availability to start
should be in accordance with the agreed
the Assignment shall be submitted to the Client in
schedule, which shall be submitted to the
writing as a written statement signed by each Key
client in writing by each Key Expert as a
Expert.
precondition to start the assignment.
14.1 Unless terminated earlier pursuant to Clause

GCC 19 hereof, this Contract shall expire at the SCC 14.1 – Note
end of such time period after the Effective Date Indicate contract duration. Contract period
as specified in the SCC. should be consistent with the TOR and to
end before the loan closing date.
Sample:
Contract Period
Expiration of Contract: The time period shall be

12 months after the effective date of Contract.
21.1.3 Consultant and Affiliates Not to Engage in SCC 21.1.3 – Retain default provision.
Certain Activities
The Consultant agrees that, during the term Conflict
of this Contract and after its termination, the
Consultant and any entity affiliated with the The Client may disqualify the Consultant from
Consultant, as well as any Sub-Consultants and providing goods, works, or nonconsulting services
any entity affiliated with such Sub-Consultants, due to a conflict of a nature described in Clause
shall be disqualified from providing goods, works, GCC 21.1.3.
or non-consulting services resulting from or
directly related to the Consultant’s Services for
the preparation or implementation of the project,
unless otherwise indicated in the SCC.
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23.1 Subject to additional provisions, if any, set forth

SCC 23.1 – Choose from the 2 options
in the SCC, the Consultant’s liability under
below, as appropriate.
this Contract shall be as determined under the
Applicable Law. Sample 1:
No additional provisions.
Sample 2:
The following limitation of the Consultant’s
Liability towards the Client can be subject to the
“Limitation of the Consultant’s 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 Client, 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;
Note: Multiplier should not be less than 1x
value of the contract.
(b) This limitation of liability shall not

(i) affect the Consultant’s 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 [insert
“Applicable Law”, if it is the law of the Client’s
country, or insert “applicable law in the
Client’s country”, if the Applicable Law stated
in Clause SCC 1.1(c) is different from the law
of the Client’s country].
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SCC 23.1(continued) - Do not delete note to

Client and Consultant below.
Retain this text:
[Notes to the Client and the Consultant:
Any suggestions made by the Consultant in the

Proposal to introduce exclusions or limitations of the
Consultant’s 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 Bank’s policy on this matter
which is as follows:
To be acceptable to the Bank, any limitation of

the Consultant’s liability should at the very least
be reasonably related to (a) the damage the
Consultant might potentially cause to the Client and
(b) the Consultant’s ability to pay compensation
using its own assets and reasonably obtainable
insurance coverage. The Consultant’s liability shall
not be limited to less 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 Consultant’s
liability should never be limited to loss or damage
caused by the Consultant’s gross negligence or
willful misconduct.
The Bank does not accept a provision to the effect

that the Client shall indemnify and hold the
Consultant harmless 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 Client’s country.]
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24.1 The Consultant (i) shall take out and maintain,

SCC 24.1 – Note
and shall cause any Sub-Consultants to take out
Delete what is not applicable except (a).
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 Sample:
against the risks, and for the coverage specified
in the SCC, and (ii) at the Client’s request, shall Insurance Coverage
provide evidence to the Client showing that the
insurance has been taken out and maintained The insurance coverage against the risks shall be
and that the current premiums have been paid. as follows:
The Consultant shall ensure that such insurance (a) Professional liability insurance, with a
is in place prior to commencing the Services as minimum coverage of $1 million
stated in Clause GCC 13.
Note: Insert amount and currency that
should be not less than the total ceiling
amount of the Contract
(b) Third Party motor vehicle liability insurance

in respect of motor vehicles operated in the
Client’s country by the Consultant or its
Experts or Sub-Consultants, with a minimum
coverage in accordance with the applicable law
in the Client’s country;

(c) Third Party liability insurance, with a

minimum coverage in accordance with the
applicable law in the Client’s country;

(d) employer’s liability and workers’

compensation insurance of the Experts
and Sub-Consultants in accordance with
the relevant provisions of the applicable
law in the Client’s country, as well as, with
respect to such Experts, any such life, health,
accident, travel, or other insurance as may be
appropriate; and
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(e) insurance against loss of or damage to

(i) equipment purchased in whole or in part
with funds provided under this Contract,
(ii) the Consultant’s property used in the
performance of the Services, and (iii) any
documents prepared by the Consultant in the
performance of the Services.
27.1 Unless otherwise indicated in the SCC, all reports SCC 27.1 – Note
and relevant data and information such as maps, Insert “None” if there are no exceptions.
diagrams, plans, databases, other documents, If applicable, insert any exceptions to
and software, or supporting records or materials proprietary rights provision.
compiled or prepared by the Consultant for
the Client in the course of the Services shall
be confidential and become and remain the Sample:
absolute property of the Client. The Consultant
shall deliver all such documents to the Client, Exceptions to Proprietary Rights
together with a detailed inventory thereof not
later than the date of termination or expiration None
of this Contract. The Consultant may retain a
copy of these documents, data, and/or software
but shall not use the same for purposes unrelated
to this Contract without prior written approval of
the Client.
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27.2 If license agreements are necessary or appropriate Sample 1:

between the Consultant and third parties for
purposes of development of the plans, drawings, Future Use of Documents
specifications, designs, databases, other
documents, and software, the Consultant shall The Consultant shall not use these [insert what
obtain the Client’s prior written approval to such applies ……. documents and software………..] for
agreements, and at its discretion the Client shall purposes unrelated to this Contract without the
be entitled to require recovering the expenses prior written approval of the Client.
related to the development of the program(s)
concerned. Other restrictions about the future Sample 2:
use of these documents and software, if any, shall
be specified in the SCC. Future Use of Documents
SCC 27.2 – Note The Client shall not use these [insert what
If there is to be no restriction on the future applies……. documents and software……….] for
use of these documents by either Party, this purposes unrelated to this Contract without the
Clause SCC 27.2 should be deleted. prior written approval of the Consultant.
If there is to be no restriction on the future Sample 3:

use of these documents by either Party, this
Clause SCC 27.2 should be deleted. If the Future Use of Documents
Parties wish to restrict such use, any of the
following options, or any other option agreed Neither Party shall use these [insert what
to by the Parties, could be used: applies……documents and software……….] for
purposes unrelated to this Contract without the
prior written approval of the other Party.
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32.1 32.1
SCC 32.1(a–f) – Note
(a) Unless otherwise specified in the SCC, the Client
List here any changes or additions to Clause
through shall use its best efforts to:
GCC 35.1. If there are no such changes or
(f)
(a) Assist the Consultant with obtaining work
permits and other documents as shall be
Sample:
necessary to enable the Consultant to
perform the Services.
Assistance and Exemptions
(b) Assist the Consultant with promptly
obtaining, for the Experts and, if appropriate, Assist the Consultants with obtaining the
their eligible dependents, all necessary entry necessary firm permit for the use of custom IT
and exit visas, residence permits, exchange equipment and software.
permits, and any other documents required
for their stay in the Client’s 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.
(d) Issue all instructions and information to

officials, agents, and representatives of
the Government that may be necessary or
appropriate for the prompt and effective
implementation of the Services.
(e) 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
Client’s country according to the Applicable
Law in the Client’s country.
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(f) Assist the Consultant, any Sub-Consultants,

and their Experts with obtaining the privilege,
pursuant to the Applicable Law in the
Client’s country, of bringing into the Client’s
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.
32.1(g) (g) Provide to the Consultant any such other SCC 35.1(g) – Note
assistance as may be specified in the SCC. List here any other assistance to be provided
by the Client. If there are no such changes or
Sample:
Other Assistance to be Provided by Client
Assist the Consultant with obtaining the

necessary permits in the construction site.
38.1 The Contract price is fixed and is set forth in the

SCC 38.1 – No need to modify. To be
SCC. The Contract price breakdown is provided
filled out and finalized during contract
in Appendix C.
negotiations, including the amount of
indirect taxes and other local taxes.
Contract Price
The Contract price is: ____________________

[insert amount and currency for each currency as
applicable and whether it is inclusive or exclusive
of local indirect taxes and other local taxes which
are not included in the Consultant’s Financial
proposal in accordance with ITC 25.]
Any indirect local taxes and other local taxes

which are not included in the Consultant’s
Financial proposal in accordance with ITC 25
chargeable in respect of this Contract for the
Services provided by the Consultant shall [insert
as appropriate: “be paid” or “reimbursed”] by
the Client [insert as appropriate: “for” or “to”]
the Consultant.
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39.1 and 39.1 Sample 1 – with tax exemption:

39.2 The Consultant, Sub-Consultants, and Experts
are responsible for meeting any and all tax Taxes and Duties
liabilities arising out of the Contract unless it is
stated otherwise in the SCC. The Client warrants that the Consultant, the
Sub- Consultants, and the Experts shall be
39.2 exempt from any local indirect taxes and other
As an exception to the above and as stated in local taxes in accordance with GCC 39.2, duties,
the SCC, all local identifiable indirect taxes and fees, levies, and other impositions imposed, under
other local taxes which are not included in the the applicable law in the Client’s country, on the
Consultant’s Financial proposal in accordance Consultant, the Sub-Consultants and the Experts
with ITC 25, which are itemized and finalized in respect of:
at Contract negotiations, are reimbursed to the (a) any payments whatsoever made to the
Consultant or are paid by the Client on behalf of Consultant, Sub-Consultants and the Experts
the Consultant. (other than nationals or permanent residents
Note on Taxes the carrying out of the Services;
The Bank leaves it to the Client to decide (b) any equipment, materials and supplies
whether the Consultant brought into the Client’s country by the
(i) should be exempted from indirect local Consultant or Sub-Consultants for the
taxes and other local taxes in accordance purpose of carrying out the Services and
with GCC 39.2, or which, after having been brought into such
(ii) should be reimbursed by the Client for territories, will be subsequently withdrawn
any such tax they might have to pay by them;
(or that the Client would pay such tax (c) any equipment imported for the purpose of
on behalf of the Consultant). carrying out the Services and paid for out of
Choose one applicable option consistent by the Consultant, any Sub-Consultants
with the ITC 16.3 and the outcome of the or the Experts (other than nationals or
Contract’s negotiations: permanent residents of the Client’s country),
i. the Consultant, Sub-Consultants and Experts
shall follow the usual customs procedures of
the Client’s country in importing property into
the Client’s country; and
Experts do not withdraw but dispose of
any property in the Client’s country upon
which customs duties and taxes have been
exempted, the Consultant, Sub- Consultants
or Experts, as the casemay be, (a) shall bear
such customs duties and taxes in conformity
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with the regulations of the Client’s 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
Client’s country.
Sample 2 – without tax exemption, Client to

pay on behalf of the Consultant
Taxes and Duties
The Client warrants that the Client shall pay on

behalf of the Consultant, the Sub-Consultants
and the Experts, any local indirect taxes and other
local taxes in accordance with GCC 39.2, duties,
fees, levies, and other impositions imposed, under
the applicable law in the Client’s country, on the
Consultant, the Sub-Consultants and the Experts
in respect of:
(a) any payments whatsoever made to the
(b) any equipment, materials, and supplies brought
into the Client’s 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
country; and
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the property in question was brought
into the Client’s country.
Sample 3 – without tax exemption,

Client shall reimburse the Consultant
Taxes and Duties
The Client warrants that the Client shall

reimburse the Consultant, the Sub-Consultants
and the Experts, any local indirect taxes and other
local taxes in accordance with GCC 39.2, duties,
fees, levies, and other impositions imposed, under
the applicable law in the Client’s country, on the
Consultant, the Sub-Consultants and the Experts
in respect of:
(a) any payments whatsoever made to the
(b) any equipment, materials, and supplies
by them;
(c) any equipment imported for the purpose of
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country; and
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41.2 41.2 SCC 41.2 – No need to modify. To be

The payments under this Contract shall be made filled out and finalized during contract
in Lump Sum installments against deliverables negotiations.
specified in Appendix A. The payments will be
made according to the payment schedule stated The payment schedule:
in the SCC.
[Note: Payment of installments shall be linked
to the deliverables specified in the Terms of
Reference in Appendix A]

1st payment: [insert the amount of the
installment, percentage of the total Contract
price, and the currency. If the first payment is an
advance payment, it shall be made against the
bank guarantee for the same amount as per
GCC 41.2.1]
2nd payment: ________________

……………:__________________
Final payment: ________________
[Note: Total sum of all installments shall not

exceed the Contract price set up in SCC 38.1.]
See Section 7 – TOR para. 9 for a sample

deliverables/payment table for Lump Sum
assignment.
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41.2.1 Advance payment. Unless otherwise indicated

in the SCC, an advance payment shall be
made against an advance payment bank
negotiations.
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 Advance Payments
remain effective until the advance payment has
been fully set off, and (ii) is to be in the form set [Note: The advance payment could either be in
forth in Appendix D, or in such other form as the the foreign currency, or the local currency, or both;
Client shall have approved in writing. The advance select the correct wording in the Clause here below.
payments will be set off by the Client in equal The advance bank payment guarantee should be in
portions against the Lump Sum installments the same currency(ies).]
specified in the SCC until the advance payments
have been fully set off. The following provisions shall apply to the
advance payment and the advance bank
Notes on Payment Provisions payment guarantee:
Payment provisions, including amounts to
be paid, schedule of payments, and payment (1) An advance payment of [insert amount]
procedures, shall be agreed upon during in foreign currency] [and of [insert amount]
negotiations. in local currency] shall be made within [insert
number] days after the receipt of an advance
Payments may be made at regular intervals bank payment guarantee by the Client.
(as under time-based contracts) or for agreed The advance payment will be set-off by
outputs (as under lump sum contracts). the Client in equal portions against [list the
payments against which the advance is offset].
For loan consultant contracts, the borrower (2) The advance bank payment guarantee shall
may request the consultant to provide an be in the amount and in the currency of the
advance payment guarantee against the currency(ies) of the advance payment.
amount advanced by the borrower. (3) The bank guarantee will be released when the
advance payment has been fully set off.
41.2.4 All payments under this Contract shall be made

to the accounts of the Consultant specified in
the SCC.
negotiations.
Consultant’s Accounts
The accounts are:
for foreign currency: [insert account].
for local currency: [insert account].
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42.1 If the Client had delayed payments beyond

SCC 46.1 – Note
15 days after the due date stated in Clause GCC
Insert annual interest rate for
41.2.2, interest shall be paid to the Consultant
delayed payments.
on any amount due by, not paid on, the due date
for each day of delay at the annual rate stated in
Normally, the interest rates on delayed
the SCC.
payment should be:
• no less than LIBOR* + 100bp (if LIBOR*
for the currency exists); or
• for currencies with no LIBOR*, apply
interbank rate plus spread (probably no
more than 300 bp).
* LIBOR phased out starting 1 January 2022.

For details on LIBOR transition, see
https://www.adb.org/what-we-
do/public-sector-financing/libor-
transition#accordion-0-0.
SOFR (Secured Overnight Financing Rate)
Data available at https://www.newyorkfed.
org/markets/reference-rates/sofr
Sample:
Interest Rate on Delayed Payments
The interest rate is prime lending rate of the

Banque Pour Le Commerce Exterieur Lao Public
(BCEL) or 0.01 percent per day, whichever is less.
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45.1 Any dispute between the Parties arising under or Default Text:
related to this Contract that cannot be settled
amicably may be referred to by either Party to the Dispute Resolutions
adjudication or arbitration in accordance with the Disputes shall be settled by arbitration in
provisions specified in the SCC. accordance with the following provisions:
SCC 45.1 – Notes Selection of Arbitrators. Each dispute

1.
The Client may choose the most submitted by a Party to arbitration shall be
cost- efficient among three arbitration heard by a sole arbitrator or an arbitration
choices provided in this Standard Request panel composed of three (3) arbitrators, in
for Proposal. The list of other arbitrators can accordance with the following provisions:
be obtained from FIDIC.
(a) Where the Parties agree that the dispute
Please also note that not all ADB developing concerns a technical matter, they may
member countries are signatories to the agree to appoint a sole arbitrator or,
United Nations Convention (1958) on failing agreement on the identity of such
recognition of Foreign Arbitral Awards. sole arbitrator within thirty (30) days
The list of signatories can be checked here: after receipt by the other Party of
http://www.uncitral.org/uncitral/en/ the proposal of a name for such an
uncitral_texts/arbitration/NYConvention_ appointment by the Party who initiated
status.html the proceedings, either Party may apply
to [name an appropriate international
Important: professional body, e.g., the Fédération
• In contracts with foreign consultants, Internationale Des Ingénieurs-Conseils
the Bank requires that the international (FIDIC) of Lausanne, Switzerland] for a
commercial arbitration in a neutral venue list of not fewer than five (5) nominees
is used. and, on receipt of the list, the Parties
• For national shortlisting, the Project shall alternately strike names therefrom,
Division should consult with ADB’s and the last remaining nominee on the
Office of General Counsel for advice list shall be the sole arbitrator for the
to the Client. 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, [insert the name of the
same professional body as above] shall
appoint, upon the request of either Party
and from such list or otherwise, a sole
arbitrator for the matter in dispute.
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(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 second arbitrator named by
the Parties has been appointed, the
third arbitrator shall, at the request of
either Party, be appointed by [name
an appropriate international appointing
authority, e.g., the Secretary-General
of the Permanent Court of Arbitration,
The Hague; the Secretary- General of the
International Centre for Settlement of
Investment Disputes, Washington, DC;
the International Chamber of Commerce,
Paris; etc.].
(c) 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 that has named
an arbitrator may apply to the [name
the same appointing authority as in said
paragraph (b)] 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.
2. R
ules 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,

3.
an arbitrator is unable to perform his or her
function, a substitute shall be appointed in
the same manner as the original arbitrator.
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Nationality and Qualifications of

4.
Arbitrators. The sole arbitrator or the third
arbitrator appointed pursuant to paragraphs
1(a) to 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
Consultant’s home country [Note: 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 Government’s
country. For the purposes of this Clause,
“home country” means any of:
(a) the country of incorporation of the
Consultant [Note: 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 Consultant’s [or
any of their members’ or Parties’] principal
place of business is located; or
(c) the country of nationality of a majority
of the Consultant’s [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

5.
hereunder:
(a) proceedings shall, unless otherwise
agreed by the Parties, be held in [select a
country which is neither the Client’s country
nor the Consultant’s country];
(b) the [insert type of language] 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
Retain these pages – containing instructions and templates on finalizing appendices, for reference
during contract negotiations
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243
Special Topics
EA-Administered Loan/Grant Selections Delegated to ADB
Appendix 9, para. 7 of the 2017 Procurement Regulations for ADB Borrowers:14
“Where during the development of the procurement plan, especially in the context of fragile and conflict-affected
situations, the assessment of the implementing agency’s capability to carry out the procurement or its resources
and previous experience in procuring these types of activities indicate insufficient capacity to meet the challenges
of the procurement without significant risk, ADB may agree to provide the borrower with extended procurement
implementation support. In all cases, project execution remains the borrower’s responsibility and expanded
implementation support does not result in ADB carrying out procurement on behalf of the borrower.”
Para. 5, Borrower-administered procurement of consulting services, Procurement Staff Instructions

(Part II: Staff instruction on borrower-administered procurement of goods, works, nonconsulting, and
consulting services)
“When the borrower requests ADB in writing to take responsibility for selecting a consultant, the user unit consults
PPFD and submits the request to the user unit’s head of department or office for approval. The borrower should
adequately justify such a request and explain its necessity. ADB’s proposed participation in the recruitment should
be set out in the procurement plan and the RRP or TA report. If the request is made after the loan, grant, or
delegated TA is approved, it will be regarded as a change in implementation arrangements and will be dealt with in
accordance with PAI 5.02 (Change Loan and/or Grant Funded Projects) or 5.09 (Administering Grant-Financed
Technical Assistance), as the case may be. If approved, PPFD informs ADB’s Board of Directors and Management
of the change in implementation arrangements in the quarterly portfolio update. In all such cases, ADB takes
responsibility only for selecting the consultant, and the EA retains the responsibility for negotiating and signing the
contract with the consultant, issuing the notice to proceed, and supervising the consultant’s services.”
Additional references for processing delegated selections available at the ADB PPFD website/intranet
page (accessible by ADB staff):15
• Briefing/Presentation
• Key Steps for recruiting firms via CMS
• Standard RFP adapted for CMS
• Sample Joint Responsibility Matrices (Firm Recruitment, Individual Consultant Recruitment)
• Consultant Recruitment Activity Monitoring (CRAM) in CMS

14
https://www.adb.org/documents/procurement-regulations-adb-borrowers.

15
https://asiandevbank.sharepoint.com/teams/ppfd/SitePages/Borrower-Administered-Consulting-Services.aspx.
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Summary of Tax Provisions in the RFP
Responsibility for Tax Liabilities
Instructions to Consultant (ITC) 16.3 – The Consultant and its Sub-Consultants and Experts are
responsible for meeting all tax obligations arising out of the Contract in accordance with the instructions in
the Data Sheet.
ITC 25 – Except as set out in the Data Sheet, all taxes are deemed included in the Consultant’s Financial
proposal, and, therefore, included in the evaluation.
DS 16.3 and DS 25 combined – Provision must be finalized by the EA during RFP preparation
Taxes – Exemption
[If the Client has obtained a tax exemption applicable to the Contract, insert
“The Client has obtained an exemption for the Consultant from payment of ___________ [insert the
tax description] in the Client’s country as per [insert reference to the applicable official source that issued
an exemption].
If there is no tax exemption in the Client’s country, delete above.]
Taxes – Reference
“Information on the Consultant’s tax obligations in the Client’s country can be found [insert reference to
the appropriate official source].”
Taxes – Evaluation
(ITC 25) Except as set out below, all taxes are deemed included in the Consultant’s Financial proposal,
and, therefore, included in the evaluation.
The Client does not take into account the following taxes during financial proposal evaluation. Therefore,
the Consultant shall not include the following taxes in its Financial Proposal:
(a) all local identifiable indirect taxes such as sales tax, excise tax, VAT, or similar taxes levied on
the contract invoices; and
(b) all additional local tax on the remuneration of services rendered by non-resident experts of
the Consultant in the Client’s country.
If the Consultant nevertheless includes the above taxes in its Financial Proposal, no adjustments will be
made by the Client for the purposes of evaluation.
Taxes – Negotiation
At contract negotiations, the above-described local taxes will be discussed and agreed (using the
itemized list as guidance) and added to the contract amount in separate lines, as needed, also indicating
which taxes shall be paid by the Consultant and which are withheld and paid by the Client on behalf of
the Consultant.
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CONDITIONS OF CONTRACT AND CONTRACT FORMS 245
Request for Proposals (RFP) Stage
It is prudent that the EA remind the consulting firm that it is their responsibility to validate the tax
liability on the consulting services selection during the proposal preparation stage.
Tax and Duties Provisions in the Contract Form
Special Conditions of Contract (SCC) 43.1 and 43.2 (Time-Based)/SCC 39.1 and 39.2 (Lump Sum)
of the Contract Form states that:
“The Bank leaves it to the Client to decide whether the Consultant

(i) should be exempted from indirect local taxes and other local taxes in accordance with GCC 43.2,
or
(ii) should be reimbursed by the Client for any such tax they might have to pay
or
that the Client would pay such tax on behalf of the Consultant)”
Under this provision, EA is responsible for the payment of the local taxes, not unless there is a specific
arrangement indicated in the loan agreement that local taxes will be paid from the loan proceeds.
For specific examples, please refer to the User’s Guide sections on DS and SCC above.
Taxes included in Financial

Proposal
• GCC 43.1
• ITC 16.3 • ITC 25 and 43.2
• DS 16.3 • DS 25 • SCC 43.1
and 43.2
Taxes and Duties

Responsibility for Tax
Provisions in the
Liabilities
Time-Based Contract Form
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User’s Guide on the Selection of Consulting Services for Borrowers
Standard Request for Proposals
This user’s guide is intended to provide guidance to borrowers on how to prepare a bidding document for the
procurement of consulting services using the Asian Development Bank’s Standard Request for Proposals.
About the Asian Development Bank
ADB is committed to achieving a prosperous, inclusive, resilient, and sustainable Asia and the Pacific,
while sustaining its efforts to eradicate extreme poverty. Established in 1966, it is owned by 68 members
—49 from the region. Its main instruments for helping its developing member countries are policy dialogue,
loans, equity investments, guarantees, grants, and technical assistance.

6 ADB Avenue, Mandaluyong City
1550 Metro Manila, Philippines
www.adb.org

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USER’S GUIDE ON THE

ASIAN DEVELOPMENT BANK

ASIAN DEVELOPMENT BANK

© 2022 Asian Development Bank

Some rights reserved. Published in 2022.

ISBN 978-92-9269-408-1 (print); 978-92-9269-409-8 (electronic)

Corrigenda to ADB publications may be found at http://www.adb.org/publications/corrigenda.

Printed on recycled paper

Harmonized Standard Form of Contract: Consultant’s Services—Time-Based��������������������������������� 129

BTP.............................. biodata technical proposal

CMS............................ consultant management system

CQS............................. consultants’ qualification selection

CSC ............................ consultant selection committee

CSRN ......................... consulting services recruitment notice

CV................................ curriculum vitae

EA................................ executing agency

EOI.............................. expression of interest

ETP.............................. evaluated total price

FBS.............................. fixed-budget selection

FTP.............................. full technical proposal

ICS .............................. individual consultant selection

ITC............................... Instructions to Consultants

LCS.............................. least-cost selection

MDB ........................... multilateral development bank

OAI.............................. Office of Anticorruption and Integrity

OCB............................ open competitive bidding

PES............................... personnel evaluation sheet

QBS............................. quality-based selection

QCBS.......................... quality- and cost-based selection

REOI........................... request for expression of interest

RFP.............................. request for proposals

SES............................... summary evaluation sheet

SRFP............................ standard request for proposal

SSS............................... single-source selection or direct contracting

STP.............................. simplified technical proposal

TOR ............................ terms of reference

UN............................... United Nations

1. Quality- and Cost-Based Selection (QCBS),

2. Quality-Based Selection (QBS),

3. Fixed-Budget Selection (FBS),

4. Least-Cost Selection (LCS),

5. Consultants Qualifications Selection (CQS); and

6. Direct Contracting, also referred to as Single-Source Selection (SSS).

1. that there had been no transfer of invitation to another party;

PPFD Procurement Specialist

The Recruitment Process

1. advertisement and shortlisting,

2. preparing and issuing a request for proposals (RFP),

3. proposal preparation and submission,

5. proposal evaluation, and

Advertisement and Shortlisting

Preparing and Issuing the Request for Proposal

• Section 1 Letter of Invitation

Proposal Preparation and Submission

Proposal Evaluation and Contract Award

The Client, in observance of best practices, shall

• confirm the absence of actual or potential conflict of interest;

Flowchart: Executing Agency-Administered

ADB: Review and approval

Harmonized Standard Form of Contract: Consultant’s Services—Time-Based�� 129