SPD RFP FA Consulting Services Financial Proposals Invited at Primary Procurement July 2023
SPD RFP FA Consulting Services Financial Proposals Invited at Primary Procurement July 2023
SPD RFP FA Consulting Services Financial Proposals Invited at Primary Procurement July 2023
DOCUMENT
Consulting Services
(with financial proposals (rates) invited at the Primary
Procurement stage)
July 2023
This document is subject to copyright.
This document may be used and reproduced for non-commercial purposes only. Any commercial
use, including without limitation reselling, charging to access, redistribute, or for derivative
works such as unofficial translations based on this document is not allowed.
i
July 2023
This SPD requires that the successful consultant shall submit the Beneficial Ownership
Disclosure Form in accordance with the requirements of the RFP.
Further, this revision includes provisions to manage cyber security risks, to apply for contracts
that have been assessed to present potential or actual cyber security risks.
iii
Foreword
1. This Standard Procurement Document (SPD), Request for Proposals (RFPs)-
Framework Agreement (s) for selection of consultants to provide Consultancy Services,
has been prepared by the World Bank1 (“Bank”)
2. This SPD reflects the World Bank’s Procurement Regulations for IPF Borrowers, July,
2016 as amended from time to time. This SPD is applicable to the selection of
consultant(s), to provide Consultancy Services, funded, in whole or in part, by IBRD or
IDA financed projects and whose Legal Agreement makes reference to the Procurement
Regulations for IPF Borrowers.
3. This SPD requires that the successful consultant shall submit the Beneficial Ownership
Disclosure Form in accordance with the requirements of the RFP. Further, this revision
includes provisions to manage cyber security risks, to apply for contracts that have been
assessed to present potential or actual cyber security risks.
4. The SPD includes provisions to ensure that a firm disqualified by the Bank for non-
compliance with SEA/SH obligations is not awarded a contract.
5. The text shown in Italics is “Notes to the Procuring Agency”. It provides guidance to
the entity in preparing a specific RFP. “Notes to the Procuring Agency” should be
deleted from the final RFP issued to the shortlisted Consultants.
6. Framework Agreements may be used to retain one or more qualified consulting firms
for multiple consulting assignments that: (i) are similar in nature and complexity to be
described under a broad terms of reference, with details (such as precise location,
duration and scope) specified in individual call-off contracts as applicable; (ii) require
similar qualifications; and/or (iii) are individually relatively small (economy of scale or
scope).
7. After a competitive selection process, framework agreements with TORs that broadly
define the nature and scope of services that may be required during the term of the
framework agreement, may be concluded with one or more consultants.
8. As the consulting services carried out under a framework agreement/s are more
specifically determined during the call-off process, in most cases, it may not be
practical to request a complete financial proposal and include it in the Primary
Procurement evaluation process. The Quality and Cost-based selection method may
therefore not be appropriate for selecting firms to conclude a framework agreement. In
such circumstances where it is not practical to define upfront more accurate TORs and
inputs required from the firms, the Quality-based Selection (QBS) would be more
appropriate at the Primary Procurement stage. This SPD is based on QBS at that stage.
9. At the Primary Procurement stage, the TORs normally provide the objectives,
background information and as much information as practically possible on the planned
assignments (such as expected scope, locations if known, typical estimated person
months requirements, qualifications of key experts, expected typical deliverables) to
1
References in this SPD to the “World Bank” or “Bank” include both the International Bank for Reconstruction
and Development (IBRD) and International Development Association (IDA).
iv
enable the consultants to propose appropriate experts and demonstrate how they would
approach the assignment/s, organize and resource their teams.
10. While it is important to simplify the call-off process and achieve efficiency gains
through the Primary procurement, it is recognized that this is a framework approach
and the information provided and technical proposals requested at this stage should not
be to the extent of limiting the specific requirements of the individual Call-off
Contracts.
11. The technical proposal will provide the experts and normally outline the approach and
methodology. The approach and methodology at the framework agreement level is to
demonstrate the consultants’ ability to carry out typical assignments to be called-off
under the Framework Agreement.
12. The Financial proposals will provide the remuneration rates of experts (depending on
the expected locations and timings of the assignments, there may be more than one
expert for a position) and typical reimbursement unit rates which will be subject to
negotiation with the Consultant/s the Procuring Agency intends to enter into framework
agreement/s.
13. For relatively simpler consulting services, the SPD- FA- Consulting Services (SPD
also available) where financial proposal is invited only at the Secondary
Procurement stage may be more appropriate.
To obtain further information on procurement under World Bank-financed projects or for any
questions regarding the use of this SPD, contact:
SUMMARY
This Section is a template of a letter for a Request for Proposals from the Procuring Agency
addressed to a shortlisted consulting firm inviting it to submit a proposal for a Primary
Procurement to conclude a Framework Agreement. The RFP letter includes a list of all
shortlisted firms to whom similar letters of invitation are sent, and a reference to the selection
method and applicable Procurement Regulations for IPF Borrowers or policies of the financing
institution that govern the selection and award process.
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 consulting firms to prepare their proposals. It contains details on the
submission, opening, and evaluation of proposals received during the Primary Procurement. It
also provides an overview of the Secondary Procurement for the award of a Call-off Contract(s)
once the Framework Agreement(s) is concluded. This is more fully described in the Framework
Agreement.
This Section includes the forms that are to be completed by the shortlisted consultants and
submitted in accordance with the requirements of Section 2. The technical proposal will provide
the Experts and normally outline the methodology and allocation of resources. The methodology
and allocation of resources at the framework agreement level is to demonstrate the consultants’
methodology and approach in carrying out typical assignments to be carried out under the
Framework Agreement.
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. The Financial proposals will provide the
remuneration rates of Experts (depending on the expected locations and timings of the
assignments, there may be more than one expert for a position) and reimbursable unit rates which
SPD Summary vi
will be subject to negotiation with the Consultants the Procuring Agency intends to enter into
framework agreement/s.
This section includes the fraud and corruption provisions which apply to this selection process.
This Section includes the generic terms of reference that broadly provide the objectives,
background information and as much information as practically possible on the planned
assignments (such as expected scope, locations if known, typical estimated person months
requirements, qualifications of key experts, expected typical deliverables) to enable the
consultants to propose appropriate experts and show how they would organize and resource their
teams At the Primary Procurement, the TOR may be in broad terms but sufficiently accurate to
ensure confidence of the market and enable competitive proposals. The assignment specific
TORs may include evolving needs as long as the services remain within the scope defined in the
generic TOR in the Primary Procurement.
This section includes the Notification of Intention to conclude a Framework Agreement(s) and
the Notification to conclude a Framework Agreement (s). The section also sets out the provisions
of the Framework Agreement and includes relevant schedules, including details of the Secondary
Procurement.
SELECTION OF CONSULTANTS
TABLE OF CONTENT
Consulting Services
Framework Agreement Title: [insert short title for the FA] ________________________
RFP Reference No.: [as per the Procurement Plan]_______________________________
Loan No./Credit No./ Grant No.:__________________________________
Country: _____________________________________________________
Date:_________________________________________________________
[insert: Name and Address of Consultant. In case of a Joint Venture (JV), full name of the
JV and the names of each member as in the submitted Expression of Interest shall be used]
4. This Request for Proposals (RFP) has been addressed to the following shortlisted
Consultants:
[Insert the list of shortlisted Consultants. If a Consultant is a Joint Venture (JV), the
full name of the JV, as in the Expression of Interest, shall be used. In addition, list all
JV members, starting with the name of the lead member. Where sub-consultants have
been proposed, they shall be named.]
5. It is not permissible to transfer this RFP to any other firm.
7. [Choose one of the following two options: “A Framework Agreement will be concluded
with a single Consultant” OR “ Framework Agreements will be concluded with more than
one Consultant”]
8. The selection of a FA Consultant to be awarded a Call-off Contract will be done through a
Secondary Procurement as defined in Framework Agreement. However, the conclusion of a
Framework Agreement shall not impose any obligation on the Procuring Agency, including
participating Clients, to procure the consulting services under a Call-off Contract. The
conclusion of Framework Agreement does not guarantee that a Consultant in the framework
agreement will be awarded a Call-off Contract.
9. A firm will be selected under Quality-based selection method procedures, in accordance
with the Bank’s “Procurement Regulations for IPF Borrowers” [insert date of applicable
Procurement Regulations edition as per legal agreement] (“Procurement Regulations”),
which can be found at the following website: www.worldbank.org.
10. The [Framework Agreement/Framework Agreements] shall be concluded for a Term of
[insert the number of years, note: the initial Term cannot exceed 3 years] from the
commencement date stated in the Framework Agreement. [If applicable, indicate that the
initial term may be extended by a maximum of two additional years.]
11. The framework agreement is intended to cover the following geographical areas: [ insert,
if known, as appropriate].
The RFP includes the following documents:
Section 1 – Request for Proposals Letter
Section 2 - Instructions to Consultants and Data Sheet
Section 3 - Technical Proposal - Standard Forms
Section 1. Request for Proposal Letter 5
13. Please inform us by [insert date], in writing at [insert address], by facsimile [insert fac-
simile number], or by E-mail [insert e-mail address]:
(a) that you have received this Request for Proposals; and
(b) whether you intend to submit a proposal alone or intend to enhance your
experience by requesting permission to associate with other firm(s) (if
permissible under Section 2, Instructions to Consultants (ITC), Data Sheet
14.1.1).
14. Details on the proposal’s submission date, time and address are provided in ITC 17.7 and
ITC 17.9.
Yours sincerely,
A. General Provisions...............................................................................................................8
1. Definitions......................................................................................................................8
2. Introduction..................................................................................................................12
3. Conflict of Interest.......................................................................................................12
4. Unfair Competitive Advantage....................................................................................14
5. Fraud and Corruption...................................................................................................14
6. Eligibility.....................................................................................................................14
B. Preparation of Proposals.....................................................................................................16
7. General Considerations................................................................................................16
8. Cost of Preparation of Proposal...................................................................................16
9. Language......................................................................................................................16
10. Documents Comprising the Proposal...........................................................................16
11. Only One Proposal.......................................................................................................17
12. Proposal Validity.........................................................................................................17
13. Clarification and Amendment of RFP.........................................................................18
14. Preparation of Proposals Specific Considerations.......................................................19
15. Technical Proposal Format and Content......................................................................19
16. Financial Proposal........................................................................................................19
C. Submission, Opening and Evaluation................................................................................20
17. Submission, Sealing, and Marking of Proposals.........................................................20
18. Confidentiality.............................................................................................................21
19. Opening of Technical Proposals..................................................................................22
20. Proposals Evaluation....................................................................................................22
21. Evaluation of Technical Proposals...............................................................................22
22. Notification of Results of Technical Evaluation, Opening of Financial Proposals.....23
23. Correction of Errors.....................................................................................................23
24. Taxes............................................................................................................................23
25. Conversion to Single Currency....................................................................................24
Section 2. Instructions to Consultants (ITC) 7
26. Negotiations.................................................................................................................24
27. Conclusion of Negotiations..........................................................................................25
28. Standstill Period...........................................................................................................25
29. Notification of Intention to Conclude a Framework Agreement.................................25
30. Framework Agreement Criteria...................................................................................26
31. No Obligation to Procure.............................................................................................26
32. Non-exclusivity............................................................................................................26
33. Notification to conclude a Framework Agreement......................................................26
34. Debriefing by the Procuring Agency...........................................................................27
35. Signing the Framework Agreement.............................................................................27
36. Publication of the Conclusion of Framework Agreement Notice................................27
37. Procurement Related Complaint..................................................................................28
38. Method and criteria for award of Call-off Contract.....................................................28
E. Data Sheet...........................................................................................................................29
Section 2. Instructions to Consultants (ITC) 8
[Notes to the Procuring Agency: this part of Section 2, Instructions to Consultants, 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. “Notes to the Procuring Agency” should be deleted from the final RFP issued to the shortlisted
Consultants].
Instructions to Consultants
A. General Provisions
1
[“loan agreement” term is used for IBRD loans; “financing agreement” is used for IDA credits; and “grant
agreement” is used for Recipient-Executed Trust Funds administered by IBRD or IDA]
Section 2. Instructions to Consultants (ITC) 9
2. Introduction 2.1 The Procuring Agency named in the Data Sheet intends
to select a Consultant from those listed in the Request for
Proposals (RFP), in accordance with the method of
selection specified in the Data Sheet.
2.2 The shortlisted Consultants are invited to submit a
Technical Proposal and a Financial Proposal, or a
Technical Proposal only, as specified in the Data Sheet,
for consulting services required for the assignment named
in the Data Sheet. The Proposal will be the basis for
negotiating and ultimately signing the Framework
Agreement/s with the selected Consultant/s.
2.3 The Consultants should familiarize themselves with the
local conditions and take them into account in preparing
their Proposals, including attending a pre-proposal
conference if one is specified in the Data Sheet.
Attending any such pre-proposal conference is optional
and is at the Consultants’ expense.
2.4 The Procuring Agency will provide, at no cost to the
Consultants, the inputs, relevant project data, and reports
required for the preparation of the Consultant’s Proposal
as specified in the Data Sheet.
5. Fraud and 5.1 The Bank requires compliance with the Bank’s Anti-
Corruption Corruption Guidelines and its prevailing sanctions policies
and procedures as set forth in the WBG’s Sanctions
Framework, as set forth in Section 6.
5.2 In further pursuance of this policy, Consultants shall
permit and shall cause their agents (where declared or
not), subcontractors, subconsultants, service providers,
suppliers, and personnel, to permit the Bank to inspect all
accounts, records and other documents relating to any
shortlisting process, Proposal submission, Primary
Procurement, Framework Agreement performance,
Secondary Procurement, and/or Call-off Contract
performance (in the case of award of a Call-off Contract),
and to have them audited by auditors appointed by the
Bank.
B. Preparation of Proposals
8. Cost of 8.1 The Consultant shall bear all costs associated with the
Preparation of preparation and submission of its Proposal, and the
Proposal Procuring Agency shall not be responsible or liable for
those costs, regardless of the conduct or outcome of the
selection process. The Procuring Agency is not bound to
accept any proposal, and reserves the right to annul the
selection process at any time prior to the conclusion of a
Framework Agreement(s), without thereby incurring any
liability to the Consultant.
10. Documents 10.1 The Proposal shall comprise the documents and forms
Comprising listed in the Data Sheet.
the Proposal 10.2 If specified in the Data Sheet, the Consultant shall
include a statement of an undertaking of the Consultant to
observe, in competing for and executing a Framework
Section 2. Instructions to Consultants (ITC) 17
11. Only One 11.1 The Consultant (including the individual members of any
Proposal Joint Venture) shall submit only one Proposal, either in
its own name or as part of a Joint Venture in another
Proposal. If a Consultant, including any Joint Venture
member, submits or participates in more than one
proposal, all such proposals shall be disqualified and
rejected. This does not, however, preclude a Sub-
consultant, or the Consultant’s staff from participating as
Key Experts and Non-Key Experts in more than one
Proposal when circumstances justify and if stated in the
Data Sheet.
12. Proposal 12.1 Proposals shall remain valid until the date specified in the
Validity Data Sheet or any extended date if amended by the
Procuring Agency in accordance with ITC 13.1.1.
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 his/her confirmation, such Proposal shall be
disqualified and rejected for further evaluation, and may
be subject to sanctions in accordance with ITC 5.
a. Extension of 12.4 The Procuring Agency will make its best effort to
Proposal Validity complete the negotiations and conclude the Framework
Agreement prior to the date of expiry of the Proposal
validity. However, should the need arise, the Procuring
Agency 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
Section 2. Instructions to Consultants (ITC) 18
b. Substitution of 12.7 If any of the Key Experts become unavailable for the
Key Experts at extended validity period, the Consultant shall seek to
Validity Extension substitute another Key Expert. The Consultant shall
provide a written adequate justification and evidence
satisfactory to the Procuring Agency together with the
substitution request. In such case, a substitute Key Expert
shall have equal or better qualifications and experience
than those of the originally proposed Key Expert. The
technical evaluation score, however, will remain to be
based on the evaluation of the CV of the original Key
Expert.
12.8 If the Consultant fails to provide a substitute Key Expert
with equal or better qualifications, or if the provided
reasons for the replacement or justification are
unacceptable to the Procuring Agency, such Proposal may
be rejected.
c. Sub- 12.9 The Consultant shall not subcontract the whole of the
Contracting Services.
13. Clarification 13.1 The Consultant may request a clarification of any part of
and the RFP during the period indicated in the Data Sheet
Amendment of before the Proposals’ submission deadline. Any request
RFP for clarification must be sent in writing, or by standard
electronic means, to the Procuring Agency’s address
indicated in the Data Sheet. The Procuring Agency will
respond in writing, or by standard electronic means, and
will send written copies of the response (including an
explanation of the query but without identifying its
source) to all shortlisted Consultants. Should the
Procuring Agency deem it necessary to amend the RFP as
a result of a clarification, it shall do so following the
procedure described below:
13.1.1 At any time before the proposal submission
deadline, the Procuring Agency may amend the
RFP by issuing an amendment in writing or by
standard electronic means. The amendment shall
be sent to all shortlisted Consultants and will be
Section 2. Instructions to Consultants (ITC) 19
14. Preparation of 14.1 While preparing the Proposal, the Consultant must give
Proposals particular attention to the following:
Specific 14.1.1 If a shortlisted Consultant considers that it may
Considerations enhance its expertise for the assignment by
associating with other consultants in the form of a
Joint Venture or as Sub-consultants, it may do so
with either (a) non-shortlisted Consultant(s), or
(b) shortlisted Consultants if permitted in the
Data Sheet. In all such cases a shortlisted
Consultant must obtain the written approval of the
Procuring Agency prior to the submission of the
Proposal. When associating with non-shortlisted
firms in the form of a joint venture or a sub-
consultancy, the shortlisted Consultant shall be a
lead member. If shortlisted Consultants associate
with each other, any of them can be a lead
member.
15. Technical 15.1 The Technical Proposal shall be prepared using the
Proposal Standard Forms provided in Section 3 of the RFP. The
Format and Technical Proposal shall not include any financial
Content information. A Technical Proposal containing material
financial information shall be declared non-responsive.
16. Financial 16.1 The Financial Proposal shall be prepared using the
Proposal Standard Forms provided in Section 4 of the RFP. It shall
list (a) the remuneration rates for Experts and (b) unit
prices for reimbursable expenses indicated in the Data
Sheet.
Section 2. Instructions to Consultants (ITC) 20
b. Taxes 16.3 The Consultant and its Sub-consultants and Experts are
responsible for meeting all tax liabilities arising out of the
Call-off Contracts unless stated otherwise in the Data
Sheet. Information on taxes in the Borrower’s country is
provided in the Data Sheet.
17. Submission, 17.1 The Consultant shall submit a signed and complete
Sealing, and Proposal comprising the documents and forms in
Marking of accordance with ITC 10 (Documents Comprising
Proposals Proposal). Consultants shall mark as “CONFIDENTIAL”
information in their Proposals which is confidential to
their business. This may include proprietary information,
trade secrets or commercial or financially sensitive
information. The submission can be done by mail or by
hand. If specified in the Data Sheet, the Consultant has
the option of submitting its Proposals electronically.
17.2 An authorized representative of the Consultant shall sign
the original submission letters in the required format for
both the Technical Proposal and the Financial Proposal
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 Joint Venture shall be
signed by all members so as to be legally binding
on all members, or by an authorized representative
who has a written power of attorney signed by
each 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.
17.4 The signed Proposal shall be marked “ORIGINAL”, and its
Section 2. Instructions to Consultants (ITC) 21
20. Proposals 20.1 Subject to provision of ITC 15.1, the evaluators of the
Evaluation Technical Proposals shall have no access to the Financial
Proposals until the Financial Proposals are opened.
20.2 The Consultant is not permitted to alter or modify its
Proposal in any way after the proposal submission
deadline except as permitted under ITC 12.7. While
evaluating the Proposals, the Procuring Agency will
conduct the evaluation solely on the basis of the
Section 2. Instructions to Consultants (ITC) 23
22. Notification of 22.1 Following the ranking of the Technical Proposals and
Results of determination of the proposal that has achieved the
Technical highest technical score (Single-Consultant Framework
Evaluation, Agreement as specified in the Data Sheet- ITC
Opening of Reference 1(ff)), or proposals for the top-ranked
Financial Consultants (Multi-Consultant Framework Agreement
Proposals within the range specified in the Data Sheet- ITC
Reference 1(t)), as applicable, the Procuring Agency shall
notify in writing the respective Consultant/s that its/their
Technical Proposal/s have/ has been evaluated as the
highest or is among the top ranked, as applicable.
22.2 The Procuring Agency shall simultaneously notify in
writing the other Consultants: (i) on their overall technical
score, as well as scores obtained for each criterion and
sub-criterion, and that their technical proposals have not
been evaluated as the highest ranked or are not among the
top ranked, as applicable; and (ii) that their Financial
Proposals will be returned unopened after the Framework
agreement negotiations are successfully concluded and
the Framework Agreement(s) is/are signed.
22.3 The Procuring Agency shall notify all of the Consultants
that submitted proposals of the date, time and location of
the public opening of the Financial Proposals
(remuneration and reimbursable rates) of the highest
ranking Consultant or top ranked Consultants, as
applicable.
22.4 The opening date of the Financial Proposals shall not be
earlier than ten (10) Business Days from the date of
notification of the results of the technical evaluation,
described in ITC 22.1 and 22.2. However, if the Procuring
Agency receives a complaint on the results of the
technical evaluation within the ten (10) Business Days,
Section 2. Instructions to Consultants (ITC) 24
23. Correction of 23.1 Activities and items described in the Technical Proposal
Errors but not priced in the Financial Proposal, shall be assumed
to be included in the prices of other activities or items,
and no corrections are made to the Financial Proposal.
25. Conversion to 25.1 For the evaluation purposes, prices shall be converted to a
Single single currency using the selling rates of exchange, source
Currency and date indicated in the Data Sheet.
26. Negotiations 26.1 The negotiations will be held with the top-ranked
Consultant or each of the top ranked consultants (within
the range specified in the Data Sheet) as applicable,
evaluated in accordance with ITC 21, at the date and
address indicated in the Data Sheet. The Consultant’s
representative(s) participating in the negotiations must
have written power of attorney to negotiate and sign
Framework Agreement/s on behalf of the Consultant/s.
26.2 The Procuring Agency shall prepare minutes of
negotiations that are signed by the Procuring Agency and
the respective Consultant’s authorized representative.
original candidate/s.
27. Conclusion of 27.1 The negotiations are concluded with a review of the
Negotiations finalized draft Framework Agreement/s, which then shall
be initialed by the Procuring Agency and the
Consultant’s/s’ authorized representative/s.
27.2 If the negotiations with a Consultant fail, the Procuring
Agency shall inform the Consultant in writing of all
pending issues and disagreements and provide a final
opportunity to the Consultant to respond. If disagreement
persists, the Procuring Agency shall terminate the
negotiations informing the Consultant of the reasons for
doing so. The Procuring Agency will continue
negotiations with the remaining top-ranked Consultant(s)
and shall not reopen the earlier terminated negotiations.
29. Notification of 29.1 The Procuring Agency shall send to each consultant that
Intention to submitted a proposal, the Notification of Intention to
Conclude a Conclude a Framework Agreement(s) with the successful
Framework Consultant(s). The Notification of Intention to Conclude
Agreement shall contain, at a minimum, the following information:
(a) the name and address of the Consultant(s) with
whom the Procuring Agency successfully
negotiated a Framework Agreement/s;
(b) the names of all Consultants included in the short
list, indicating those that submitted Proposals;
(c) the overall technical scores and scores assigned for
each criterion and sub-criterion to each Consultant;
(d) the technical ranking of the Consultants;
(e) a statement of the reason(s) why the recipient’s
Proposal was unsuccessful;
(f) the expiry date of the Standstill Period; and
(g) instructions on how to request a debriefing and/or
submit a complaint during the Standstill Period.
30. Framework 31.1 This is a Closed Framework Agreement. The criteria that
Agreement apply in the selection of Consultant(s), with whom a
Criteria Framework Agreement(s) may be concluded is specified
in the Data Sheet.
31.
35. Notification to 35.1 Prior to the date of expiry of the proposal validity and
conclude a upon expiry of the Standstill Period, specified in ITC
Section 2. Instructions to Consultants (ITC) 27
37. Signing the 37.1 The Consultant shall sign, date and return the Framework
Framework Agreement within the period specified in the Data Sheet,
Agreement upon receipt of the same.
Section 2. Instructions to Consultants (ITC) 28
38. Publication of 39.1 Within ten (10) Business Days of transmission to the
the successful Consultant(s) of the Notification(s) to
Conclusion of Conclude a Framework Agreement(s), as per ITC 33.1,
Framework the Procuring Agency shall publish the Conclusion of
Agreement Framework Agreement Notice which shall contain, at a
Notice minimum, the following information:
39. (a) name and address of the Procuring Agency, and if
applicable, all participating Clients;
(b) name and reference number of the Framework
Agreement being concluded, and the selection
method used;
(c) names of all Consultants that submitted proposals,
and pricing mechanism, if applicable;
(d) names of all Consultants whose proposals were not
accepted, with the reasons therefor;
(e) the name(s) of the successful Consultant(s), the
duration of Framework Agreement(s), and a summary
of its scope; and
(f) successful Consultant’s (Consultants’) Beneficial
Ownership Disclosure Form.
39.2 The Conclusion of Framework Agreement Notice shall be
published on the Procuring Agency’s website with free
access if available, or in at least one newspaper of
national circulation in the Procuring Agency’s Country, or
in the official gazette. The Procuring Agency shall also
publish the Conclusion of Framework Agreement Notice
in UNDB online.
41. Method and 42.1 The Secondary Procurement method that shall apply in
criteria for selecting FA Consultant and awarding a Call-off contract
award of Call- is specified in the Framework Agreement (Framework
off Contract Agreement, Schedule 5, Secondary Procurement). To be
entitled to participate in a Secondary Procurement, and
42.
awarded a Call-off Contract, FA Consultants must
continue to be technically qualified and eligible, as per the
Section 2. Instructions to Consultants (ITC) 29
E. Data Sheet
[“Notes to Procuring Agency” shown in brackets throughout the text are provided for guid-
ance to prepare the Data Sheet; they should be deleted from the final RFP to be sent to the
shortlisted Consultants]
[Where an e-procurement system is used, modify the relevant parts of the Data Sheet to re -
flect the e-procurement process.]
ITC
Reference A. General
1 (b) [Insert the country if it is other than the Borrower’s country. Please note that
the country of the Applicable Law in the contract form should then be the
same]
1 (d) The Borrower is: [insert name of the Borrower and statement of relationship
with the Procuring Agency, if different from the Borrower.]
Loan or Financing Agreement amount: [insert US$ equivalent]
The name of the Project is: [insert name of the project]
1(e) and (s) (a) list all Clients individually in the Data Sheet or in an Annex to the Data
Section 2. Instructions to Consultants - Data Sheet 31
1(t) or (ff) [Select the appropriate option and delete the rest]
[Select the OPTION 1:
appropriate
ITC reference Single-Consultant Framework Agreement
and delete the This Primary Procurement intends to conclude a Single-Consultant
other] Framework Agreement.
Single Consultant Framework Agreement will be concluded with the
consultant with the highest technical score, subject to successful
negotiations.
OR OPTION 2:
Multi-Consultant Framework Agreement
This Primary Procurement intends to conclude a Multi-Consultant
Framework Agreement.
Framework Agreement panel – minimum number (x)
The Procuring Agency intends to conclude a Framework Agreements with a
minimum number of Consultants.
The minimum number (referred to as x) is [insert number in text (insert
numerical number).
Framework Agreement panel – maximum number (y)
Subject to successful negotiations, the Procuring Agency, will conclude
Framework Agreements up to a maximum number of (y) consultants who
scored above the minimum technical score (St) required to pass, ranked in
terms of their technical scores.
If the number of successful consultants is less than the minimum (x) , the
Procuring Agency may decide to invite new proposals, or alternatively decide
Section 2. Instructions to Consultants - Data Sheet 32
2.1 The Procuring Agency is: [insert name of the Procuring Agency]
The Procuring Agency is [select the capacity in which the Procuring Agency
is acting, from one of the following:]
OPTION 1: “the agency that will conclude, administer and manage the
Framework Agreement, and be the sole Client under the Framework
Agreement.”
OR
OPTION 2: “the agency acting for, and on behalf of, [select “the Client” or
“all participating Clients”] in concluding the Framework Agreement.”
The reference number of the Request for Proposals (RFP) is: [insert
reference number of the Request for Proposals]
The name of the RFP is: [insert name of the RFP]
Time: _________________________________________________
Address:
Telephone: Facsimile:
E-mail:
Contact person/conference coordinator:[insert name and title]
_____________________________
2.4 The Procuring Agency will provide the following inputs, project data,
reports, etc. to facilitate the preparation of the Proposals:
[list or state “N/A” if none]
4.1 [If “Unfair Competitive Advantage” applies to the selection, explain how it is
mitigated, including listing the reports, information, documents, etc. and
indicating the sources where these can be downloaded or obtained by the
shortlisted Consultants]
B. Preparation of Proposals
language in order to have the Contract signed (if awarded) in accordance with
the requirements of [include reference to the national legislation/
regulation/law]
[If RFP is issued in one language only use the following text:
Proposals shall be submitted in __________ [choice of the language as per
Applicable Regulations] language.]
All correspondence exchange shall be in ____________ language.
AND
2nd Inner Envelope with the Financial Proposal (if applicable):
(1) FIN-1
(2) FIN-2
(3) FIN-3
12.1 Proposals shall be valid until [insert day, month and year, taking into
account reasonable time needed to complete the proposal evaluation, obtain
necessary approvals and the Bank’s No-objection (if subject to prior review).
To minimize the risk of errors by Consultants, the proposal validity period is
a specific date and not linked to the deadline for submission of proposals. As
stated in ITC 12.1, if there is a need to extend the date, for example because
the proposal submission deadline is significantly extended by the Procuring
Agency, the revised proposal validity date shall be specified in accordance
with ITC 13.1.1]
13.1 Clarifications may be requested no later than [insert number] days prior
to the submission deadline.
The contact information for requesting clarifications is:
Facsimile: E-mail:
16.1 [A sample list is provided below for guidance. Items that are not
applicable should be deleted; others may be added. If the Procuring
Agency wants to set up maximum ceilings for unit rates of certain type of
expenses, such ceilings should be indicated in the FIN forms.
(1) a per diem allowance, including hotel, for experts for every day of
absence from the home office for the purposes of the Services;
(2) cost of travel by the most appropriate means of transport and the most
direct practicable route;
(3) cost of office accommodation, including overheads and back-stop
support;
Section 2. Instructions to Consultants - Data Sheet 36
16.3 [If there is tax exemption applicable to the Call-off Contracts under the
Framework Agreement, insert “The Procuring Agency has obtained an
exemption for the Consultant from payment of ___________ [insert the
tax description. E.g., VAT, or local indirect taxes, etc.] in the Borrower’s
country as per [insert reference to the applicable official source that issued
an exemption].
[If there is no tax exemption in the Borrower’s country, insert the following:
“Information on the Consultant’s tax obligations in the Borrower’s
country can be found [insert reference to the appropriate official source]. “
16.4 The remuneration and reimbursable rates shall be stated in the following
currencies:
Consultant may express the remuneration rates in any fully convertible
currency, singly or in combination of up to three foreign currencies.
The remuneration and reimbursable rates should state local costs in the
Procuring Agency’s country currency (local currency): Yes_____ or
No_________.
17.1 The Consultants [insert “shall” or “shall not”] have the option of
submitting their Proposals electronically.
[If “Yes”, insert: The electronic submission procedures shall be: [describe
Section 2. Instructions to Consultants - Data Sheet 37
[If appropriate, add translation of the warning marking [“Do not open....”]
in the national language to the outer sealed envelope.]
The time allowed for the preparation and submission of Proposals shall be
determined with due consideration to the particular circumstances of the
project and the magnitude and complexity of the procurement. The period
allowed shall be at least thirty (30) Business Days, unless otherwise agreed
with the Bank]
The Proposal submission address is:
19.2 In addition, the following information will be read aloud at the opening
of the Technical Proposals ________ [insert “N/A” or state what
additional information will be read out and recorded in the opening minutes]
21.1 Criteria, sub-criteria, and point system for the evaluation of the Technical
Proposals:
Points
(i) Specific experience of the Consultant (as a firm) relevant to the
Assignment: [0 - 10]
(ii) Adequacy and quality of the proposed approach and methodology in
responding to the Terms of Reference (TORs): [20 - 30]
24.1 For the purpose of the evaluation, the Procuring Agency will exclude: (a) all
local identifiable indirect taxes such as sales tax, excise tax, VAT, or similar
taxes levied on the contract’s invoices; and (b) all additional local indirect tax
on the remuneration of services rendered by non-resident experts in the Bor-
rower’s country.
25.1 The single currency for the conversion of all prices expressed in various
currencies into a single one is: [indicate local currency or
fully convertible foreign currency]
The official source of the selling (exchange) rate is:
The date of the exchange rate is:
[The date shall not be earlier than four (4) weeks prior to the deadline for
submission of proposals and no later than the date of expiry of the proposal
validity specified in accordance with ITC- Data Sheet 12.1.]
Page Limit
FORM DESCRIPTION
FORM TECH-1
Primary Procurement - Framework Agreement for Consulting
Services
{Location, Date}
Dear Sirs:
We, the undersigned, offer to conclude a Framework Agreement for the provision of the
consulting services for [Insert title of consulting services] in accordance with your Request
for Proposals (RFP) dated [Insert Date] and our Proposal. [Select appropriate wording
depending on the selection method stated in the RFP: “We are hereby submitting our
Proposal, which includes this Technical Proposal and a Financial Proposal sealed in a separate
envelope” or, if only a Technical Proposal is invited “We hereby are submitting our Proposal,
which includes this Technical Proposal only in a sealed envelope.”].
{If the Consultant is a joint venture, insert the following: We are submitting our Proposal a
joint venture with: {Insert a list with full name and the legal address of each member, and
indicate the lead member}. We have attached a copy {insert: “of our letter of intent to form a
joint venture” or, if a JV is already formed, “of the JV agreement”} signed by every
participating member, which details the likely legal structure of and the confirmation of joint
and severable liability of the members of the said joint venture.
{OR
If the Consultant’s Proposal includes Sub-consultants, insert the following: We are submitting
our Proposal with the following firms as Sub-consultants: {Insert a list with full name and
address of each Sub-consultant.}
(d) We meet the eligibility requirements as stated in ITC 6, and we confirm our
understanding of our obligation to abide by the Bank’s policy in regard to Fraud and
Corruption as per ITC 5.
(e) We, along with any of our sub-consultants, subcontractors, suppliers, or service providers
for any part of the contract, are not subject to, and not controlled by any entity or
individual that is subject to, a temporary suspension or a debarment imposed by the
World Bank Group or a debarment imposed by the World Bank Group in accordance
with the Agreement for Mutual Enforcement of Debarment Decisions between the World
Bank and other development banks. Further, we are not ineligible under the Borrower’s
country laws or official regulations or pursuant to a decision of the United Nations
Security Council;
(f) Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH): [select the
appropriate option from (i) to (iii) below and delete the others].
We [where JV, insert: “including any of our JV members”], and any of our sub-
consultants:
(i) [have not been subject to disqualification by the Bank for non-compliance with
SEA/ SH obligations.]
(ii) [are subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations.]
(iii) [had been subject to disqualification by the Bank for non-compliance with
SEA/ SH obligations. An arbitral award on the disqualification case has been
made in our favor.]
(g) [Note to Procuring Agency: Only if required in ITC10.2 (Data Sheet 10.2), include the
following: In competing for (and, if the award is made to us, in executing) the Contract,
we undertake to observe the laws against fraud and corruption, including bribery, in force
in the country of the Borrower.]
(h) Except as stated in the Data Sheet, ITC 12.7, we undertake to negotiate the Framework
Agreement on the basis of the proposed Key Experts. We accept that the substitution of
Key Experts for reasons other than those stated in ITC 12 and ITC 26.4 may lead to the
termination of Contract negotiations.
(i) Our Proposal is binding upon us and subject to any modifications resulting from the
Contract negotiations.
We understand that the Procuring Agency is not bound to accept any Proposal that the
Procuring Agency receives.
We remain,
Yours sincerely,
_________________________________________________________________
Section 3. Technical Proposal – Standard Forms 44
{For a joint venture, either all members shall sign or only the lead member, in which
case the power of attorney to sign on behalf of all members shall be attached}
Section 3. Technical Proposal – Standard Forms 45
FORM TECH-2
Form TECH-2: a brief description of the Consultant’s organization and an outline of the
recent experience of the Consultant that is most relevant to the assignment. In the case of a
joint venture, information on similar assignments shall be provided for each partner. For each
assignment, the outline should indicate the names of the Consultant’s Key Experts and Sub-
consultants who participated, the duration of the assignment, the contract amount (total and, if
it was done in a form of a joint venture or a sub-consultancy, the amount paid to the
Consultant), and the Consultant’s role/involvement.
A - Consultant’s Organization
1. Provide here a brief description of the background and organization of your company, and
– in case of a joint venture – of each member for this assignment.
2. Include organizational chart, a list of Board of Directors, and beneficial ownership. The
successful Consultant shall also provide additional information on beneficial ownership,
using the Beneficial Ownership Disclosure Form.
B - Consultant’s Experience
1. List only previous similar assignments successfully completed in the last [.....] years.
2. List only those assignments for which the Consultant was legally contracted by a client as a
company or was one of the joint venture members. Assignments completed by the
Consultant’s individual experts working privately or through other consulting firms cannot
be claimed as the relevant experience of the Consultant, or that of the Consultant’s partners
or sub-consultants, but can be claimed by the Experts themselves in their CVs. The
Consultant should be prepared to substantiate the claimed experience by presenting copies
of relevant documents and references if so requested by the Procuring Agency.
Section 3. Technical Proposal – Standard Forms 46
{e.g., Jan- {e.g., “Support to sub- {e.g., {e.g., US$0.2 {e.g., sole
May national government.....” : municipality mil/US$0.2 mil} Consultant}
2008} drafted secondary level of.........,
regulations on..............} country}
Section 3. Technical Proposal – Standard Forms 47
FORM TECH-3
Form TECH-3: comments and suggestions on the Terms of Reference that could improve the
quality/effectiveness of the proposed services.
Section 3. Technical Proposal – Standard Forms 48
FORM TECH-4
Form TECH-4: a description of the broad approach and methodology for performing
assignments under the proposed Framework
FORM TECH-5
PLANNING FOR DELIVERABLES FOR A TYPICAL ASSIGNMENT UNDER THE FRAMEWORK AGREEMENT
Months
N° Deliverables 1 (D-..)
1 2 3 4 5 6 7 8 9 ..... n TOTAL
D-1 {e.g., Deliverable #1: Report A
1) data collection
2) drafting
3) inception report
4) incorporating comments
5) delivery of final report to Client}
1 List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the Client’s approvals. For phased assign -
ments, indicate the activities, delivery of reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in a form of a bar chart.
3. Include a legend, if necessary, to help read the chart.
49 | P a g e
Section 3. Technical Proposal – Standard Forms 50
FORM TECH-6
Expert’s input (in person/month) per each Deliverable (listed in TECH-5)for Total time-input
N° Name a typical assignment under the Framework Agreement (in Months)
Position D-1 D-2 D-3 ........ D-... Home Field Total
KEY EXPERTS
{e.g., Mr. Abbbb} [Team [Home] [2 month] [1.0] [1.0]
K-1 Leader] [Field] [0.5 m] [2.5] [0]
K-2
K-3
Subtotal
1 Depending on the location and timing of the assignments under the Framework Agreement, the Framework agreement may demand more than one
expert for a position
2 Months are counted from the start of the assignment/mobilization. One (1) month equals twenty two (22) working (billable) days. One working (billable)
day shall be not less than eight (8) working (billable) hours.
3 “Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in the Borrower’s country or any other country
outside the expert’s country of residence.
Country of Citizenship/Residence
Employment record relevant to the assignment: {Starting with present position, list in
reverse order. Please provide dates, name of employing organization, titles of positions held,
types of activities performed and location of the assignment, and contact information of
previous clients and employing organization(s) who can be contacted for references. Past
employment that is not relevant to the assignment does not need to be included.}
Language Skills (indicate only languages in which you can work): ______________
______________________________________________________________________
Adequacy for the Assignment:
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes myself, my qualifications, and my experience, and I am available, as and when
necessary, to undertake the assignment in case of an award. I understand that any
misstatement or misrepresentation described herein may lead to my disqualification or
dismissal by the Procuring Agency, and/or sanctions by the Bank.
{day/month/year}
{day/month/year}
FORM TECH-7
[Code of Conduct may be included, depending on the risk and nature of the
services under the Framework Agreement. The Code of Conduct with the Attachment must be
The Consultant shall initial and submit the Code of Conduct form as part of its
Proposal.
This Code of Conduct is part of our measures to deal with environmental and social risks
related to the Services. It applies to all Experts at the Site or other places where the Services
are being carried out.
This Code of Conduct identifies the behavior that we require from all Experts.
Our workplace is an environment where unsafe, offensive, abusive or violent behavior will
not be tolerated and where all persons should feel comfortable raising issues or concerns
without fear of retaliation.
Section 3. Technical Proposal – Standard Forms
REQUIRED CONDUCT
Experts shall:
1. carry out his/her duties competently and diligently;
2. comply with this Code of Conduct and all applicable laws, regulations and other
requirements, including requirements to protect the health, safety and well-being of
other Experts and any other person;
3. maintain a safe working environment including by:
a. ensuring that workplaces, equipment and processes under each person’s
control are safe and without risk to health;
b. wearing required personal protective equipment; and
c. following applicable emergency operating procedures.
4. report work situations that he/she believes are not safe or healthy and remove
himself/herself from a work situation which he/she reasonably believes presents an
imminent and serious danger to his/her life or health;
5. treat other people with respect, and not discriminate against specific groups such as
women, people with disabilities, migrant workers or children;
6. not engage in Sexual Harassment, which means unwelcome sexual advances, requests
for sexual favors, and other verbal or physical conduct of a sexual nature with other
Experts, Contractor’s Personnel or Client’s personnel;
7. not engage in Sexual Exploitation, which means any actual or attempted abuse of
position of vulnerability, differential power or trust, for sexual purposes, including, but
not limited to, profiting monetarily, socially or politically from the sexual exploitation
of another ;
8. not engage in Sexual Abuse, which means the actual or threatened physical intrusion
of a sexual nature, whether by force or under unequal or coercive conditions;
9. not engage in any form of sexual activity with individuals under the age of 18, except
in case of pre-existing marriage;
10. complete relevant training courses that will be provided related to the environmental
and social aspects of the Contract, including on health and safety matters, Sexual
Exploitation and Abuse (SEA), and Sexual Harassment (SH);
11. report violations of this Code of Conduct; and
12. not retaliate against any person who reports violations of this Code of Conduct,
whether to us or the Client, or who makes use of grievance mechanism for Experts or
the project’s Grievance Redress Mechanism.
RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this Code of
Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can
be done in either of the following ways:
Section 3. Technical Proposal – Standard Forms
1. Contact [enter name of the Consultant’s social expert with relevant experience in
handling sexual exploitation, sexual abuse and sexual harassment cases, or if such
person is not required under the Contract, another individual designated by the
Consultant to handle these matters] in writing at this address [ ] or by telephone at [ ]
or in person at [ ]; or
2. Call [ ] to reach the Consultant’s hotline (if any) and leave a message.
The person’s identity will be kept confidential, unless reporting of allegations is mandated by
the country law. Anonymous complaints or allegations may also be submitted and will be
given all due and appropriate consideration. We take seriously all reports of possible
misconduct and will investigate and take appropriate action. We will provide warm referrals
to service providers that may help support the person who experienced the alleged incident, as
appropriate.
There will be no retaliation against any person who raises a concern in good faith about any
behavior prohibited by this Code of Conduct. Such retaliation would be a violation of this
Code of Conduct.
CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT
Any violation of this Code of Conduct by Experts may result in serious consequences, up to
and including termination and possible referral to legal authorities.
FOR EXPERT:
I have received a copy of this Code of Conduct written in a language that I comprehend. I
understand that if I have any questions about this Code of Conduct, I can contact [enter name
of Consultant’s contact person(s) with relevant experience] requesting an explanation.
Name of Expert: [insert name]
Signature: __________________________________________________________
FORM TECH-8
SEXUAL EXPLOITATION AND ABUSE (SEA) AND/OR SEXUAL HARASSMENT
PERFORMANCE DECLARATION
[The following table shall be filled in for the Consultant, each member of a Joint Venture
and each subconsultant proposed by the Consultant]
We:
(a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations
(b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
(c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations. An arbitral award on the disqualification case has been made in our favor.
[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]
Section 4. Financial Proposal – Standard Forms 58
Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal
according to the instructions provided in Section 2.
FORM FIN-1
Primary Procurement - Framework Agreement for Consulting
Services
{Location, Date}
Dear Sirs:
We, the undersigned, offer to conclude a Framework Agreement for the provision
consulting services for [Insert title of consulting services] in accordance with your Request for
Proposal dated [Insert Date] and our Technical Proposal.
Our attached Financial Proposal provides the remuneration rates for Experts and
reimbursable expenses unit rates. Local indirect taxes shall be confirmed during Call-off
negotiations.
Our Financial Proposal shall be valid and remain binding upon us, subject to the
modifications resulting from Framework Agreement negotiations, for the period of time
specified in the Data Sheet, ITC 12.1.
{If no payments are made or promised, add the following statement: “No commissions or
gratuities have been or are to be paid by us to agents or any third party relating to this
Proposal and Framework Agreement execution.”}
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
_________________________________________________________________
Section 4. Financial Proposal – Standard Forms
{For a joint venture, either all members shall sign or only the lead member/consultant,
in which case the power of attorney to sign on behalf of all members shall be
attached}
Section 4. Financial Proposal – Standard Forms 61
A. Remuneration
Key Experts
K-1 [Home]
[Field]
K-2
Non-Key Experts
N-1 [Home]
N-2 [Field]
Section 4. Financial Proposal – Standard Forms
Please note that leave can be considered as a social cost only if the Client is
not charged for the leave taken.
(v) Overheads are the Consultant’s business costs that are not directly related to
the execution of the assignment and shall not be reimbursed as separate items
under the Contract. Typical items are home office costs (non-billable time,
time of senior Consultant’s staff monitoring the project, rent of headquarters’
office, support staff, research, staff training, marketing, etc.), the cost of
Consultant’s personnel not currently employed on revenue-earning projects,
taxes on business activities, and business promotion costs. During
negotiations, audited financial statements, certified as correct by an
independent auditor and supporting the last three years’ overheads, shall be
available for discussion, together with detailed lists of items making up the
overheads and the percentage by which each relates to basic salary. The
Procuring Agency does not accept an add-on margin for social charges,
overhead expenses, etc. for Experts who are not permanent employees of the
Consultant. In such case, the Consultant shall be entitled only to
administrative costs and a fee on the monthly payments charged for sub-
contracted Experts.
(vi) Profit is normally based on the sum of the Salary, Social costs, and
Overheads. If any bonuses paid on a regular basis are listed, a corresponding
reduction shall be made in the profit amount. Profit shall not be allowed on
travel or any other reimbursable expenses.
(vii) Away from Home Office Allowance or Premium or Subsistence
Allowances. Some Consultants pay allowances to Experts working away
from headquarters or outside of the home office. Such allowances are
calculated as a percentage of salary (or a fee) and shall not draw overheads or
profit. Sometimes, by law, such allowances may draw social costs. In this
case, the amount of this social cost shall still be shown under social costs,
with the net allowance shown separately.
UNDP standard rates for the particular country may be used as reference to
determine subsistence allowances.
Section 4. Financial Proposal – Standard Forms
Sample Form
Consultant: Country:
Assignment: Date:
(a) the basic fees indicated in the attached table are taken from the firm’s payroll records
and reflect the current rates of the Experts listed which have not been raised other than
within the normal annual pay increase policy as applied to all the Consultant’s Experts;
(b) attached are true copies of the latest pay slips of the Experts listed;
(c) the away- from- home office allowances indicated below are those that the Consultant
has agreed to pay for this assignment to the Experts listed;
(d) the factors listed in the attached table for social charges and overhead are based on the
firm’s average cost experiences for the latest three years as represented by the firm’s
financial statements; and
(e) said factors for overhead and social charges do not include any bonuses or other means
of profit-sharing.
[Name of Consultant]
Name:
Title:
Section 4. Financial Proposal – Standard Forms 65
Personnel 1 2 3 4 5 6 7 8
Basic
Remuneration Away from Proposed Fixed Proposed Fixed
Social Overhead 2
Name Position Rate per Subtotal Profit Home Office Rate per Working Rate per Working
Charges1 1
Working Allowance Month/Day/Hour Month/Day/Hour1
Month/Day/Year
Home Office
Borrower’s Country
{* If more than one currency is used, use additional table(s), one for each currency}
1. Expressed as percentage of 1
2. Expressed as percentage of 4
Section 4. Financial Proposal – Standard Forms 66
Legend:
“Per diem allowance” is paid for each night the expert is required by the Contract to be away from his/her usual place of residence. Client can set up a ceiling.
Section 4. Financial Proposal – Standard Forms
For the purposes of this Form, a Beneficial Owner of a Consultant is any natural person
who ultimately owns or controls the Consultant by meeting one or more of the following
conditions:
of residence]
OR
(ii) We declare that there is no Beneficial Owner meeting one or more of the following
conditions:
OR
(iii) We declare that we are unable to identify any Beneficial Owner meeting one or more of
the following conditions. [If this option is selected, the Consultant shall provide explanation
on why it is unable to identify any Beneficial Owner]
directly or indirectly holding 25% or more of the shares
directly or indirectly holding 25% or more of the voting rights
directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Consultant]”
Name of the person duly authorized to sign the Proposal on behalf of the Consultant:
**[insert complete name of person duly authorized to sign the Proposal]___________
Title of the person signing the Proposal: [insert complete title of the person signing the
Proposal]______
Signature of the person named above: [insert signature of person whose name and capacity
are shown above]_____
Date signed [insert date of signing] day of [insert month], [insert year]_____
*
In the case of the Proposal submitted by a Joint Venture specify the name of the Joint Venture as Consultant. In
the event that the Consultant is a joint venture, each reference to “Consultant” in the Beneficial Ownership
Disclosure Form (including this Introduction thereto) shall be read to refer to the joint venture member.
**
Person signing the Proposal shall have the power of attorney given by the Consultant. The power of attorney
shall be attached with the Proposal Schedules.
Section 5. Eligible Countries 69
Section 5. Eligible Countries
In reference to ITC 6.3.2, for the information of shortlisted Consultants, at the present time
firms, goods and services from the following countries are excluded from this selection:
Under the ITC 6.3.2 (a): ________________ [list country/countries following approval by the
Bank to apply the restriction or state “none”]
Under the ITC 6.3.2 (b): ________________ [list country/countries or indicate “none”]
Section 6. Fraud and Corruption 71
Section 6. Fraud and Corruption
(This Section 6, Fraud and Corruption shall not be modified)
1. Purpose
1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement
under Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders
(applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-
consultants, service providers or suppliers; any agents (whether declared or not); and any
of their personnel, observe the highest standard of ethics during the procurement process,
selection and contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.
2.2 To this end, the Bank:
a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain
financial or other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed to
achieve an improper purpose, including to influence improperly the actions of
another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperly
the actions of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of evidence
material to the investigation or making false statements to investigators in
order to materially impede a Bank investigation into allegations of a
corrupt, fraudulent, coercive, or collusive practice; and/or threatening,
harassing, or intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from pursuing the
investigation; or
(b) acts intended to materially impede the exercise of the Bank’s inspection
and audit rights provided for under paragraph 2.2 e. below.
b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-
contractors, service providers, suppliers and/ or their employees, has, directly or
Section 6. Fraud and Corruption 72
1
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation,
(i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-
contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such
contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the
bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that
allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities
undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits,
such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.
Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and
information, and making copies thereof as relevant; accessing and examining any other documents, data and information
(whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as
relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining
third party verification of information.
Section 7. Terms of Reference 73
Section 7. Terms of Reference
[ in case of consulting services for supervision (project management) of Infrastructure
contracts (such as Plant and Works], include appropriate Environmental and social
provisions. See Standard RFP- Consulting Services for supervision of infrastructure
contracts. Further if the consulting services contract and/or the contract/s to be
supervised/managed (if any) by the Consultant has/have been assessed to present potential
or actual cyber security risks, include, as applicable, that: the Consultant shall manage
cyber security risks related to the proposed consulting services and/or the consultant shall
monitor that cyber security risks are adequately managed by the contractor/s under the
contract/s to be supervised/managed by the Consultant.
If the risks mentioned above apply, depending on the specifics, the Consultant should be
required to demonstrate relevant experience in this field among its proposed Key Experts
(either by one or more of those experts possessing such additional experience or otherwise by
proposing expert/s as appropriate]
[Sample outline:
1. Background _______________________________
4.1 ______________________
4.2 [indicate if downstream work is required]
4.3 [indicate if training is a specific component of the assignment]
5. Team Composition & Qualification Requirements for the Key Experts (and any other
requirements which will be used for evaluating the Key Experts under Data Sheet 21.1 of
the ITC) under the Framework Agreement
[If the scope of services of the consultant include design of structural elements, specify
appropriate experience and qualifications needed to ensure that the design will be
carried out by competent professionals.]
6. Reporting Requirements and Time Schedule for Deliverables for a typical assignment
under the Framework Agreement
(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.
___...___________________]
PART II – FRAMEWORK AGREEMENT 75
[insert names of all short listed Consultants and indicate which Consultants submitted
Proposals. Include overall technical scores and scores assigned for each criterion and
sub-criterion]
Name of Submitted
Overall technical scores
Consultant Proposal
Criterion (i): [insert score]
[insert name] [yes/no]
Criterion (ii): [insert score]
Sub-criterion a: [insert score]
Sub-criterion b: [insert score]
Sub-criterion c: [insert score]
Total score: [insert score]
Criterion (i): [insert score]
[insert name] [yes/no]
Criterion (ii): [insert score]
Sub-criterion a: [insert score]
Sub-criterion b: [insert score]
Sub-criterion c: [insert score]
Total score: [insert score]
Criterion (i): [insert score]
[insert name] [yes/no]
Criterion (ii): [insert score]
Sub-criterion a: [insert score]
Sub-criterion b: [insert score]
Sub-criterion c: [insert score]
Total score: [insert score]
[insert name] …
[INSTRUCTIONS; State the reason/s why this Consultant’s Proposal was unsuccessful.
Do NOT include: (a) a point by point comparison with another Consultant’s Proposal or
(b) information that is marked confidential by the Consultant in its Proposal.]
Standstill Period
Deadline: The Standstill Period is due to end at midnight on [insert date] (local time).
The Standstill Period lasts ten (10) Business Days after the date of transmission of this
Notification of Intention to Conclude a Framework Agreement.
The Standstill Period may be extended as stated in the section above titled ‘How to request
a debriefing’.
If you have any questions regarding this Notification, please do not hesitate to contact us.
On behalf of the Procuring Agency:
Signature:
Name:
Title/position:
Telephone:
Email:
Framework Agreement
[Date]
To: [name and address of successful Consultant]
This is to notify you that your proposal dated [insert date] to conclude a Framework
Agreement in relation to the provision of [insert short title of the Services] is hereby
accepted by our Agency.
Please sign, date and return the Framework Agreement within [insert the applicable
period for signing of the FA in accordance of the ITC] days of receipt of the same. In
accordance with ITC 33.1, please also complete and submit, within eight (8) Business
days, the Beneficial Ownership Disclosure Form attached to the RFP.
Authorized Signature:
Name:
Title/position:
Name of Procuring
Agency:
Telephone:
Email:
Framework Agreement
[This form is to be completed by the Procuring Agency in accordance with the instructions
provided in italicized text. The italicized text should be deleted from the final document.
Note: the terminology in relation to the parties to the Framework Agreement changes from the
terminology used in relation to the parties involved in the Primary Procurement. In the Primary
Procurement, the Procuring Agency is responsible for establishing the FA(s). However, the
parties to the FA will be the “Client(s)” (being Borrower’s agencies that are entitled to procure
under the FA) and, where appropriate, a “Lead Client” or a “Responsible Agency” acting on
behalf of a Client(s) and responsible for managing and administering the FA.]
This Framework Agreement [insert reference number of the Framework Agreement] is made for
the provision of [ insert brief description of the Services]
on the [insert: number] day of [insert: month], [insert: year]
between
[Select one of the three OPTIONS below]
[OPTION 1: for Single User Framework Agreement]
the Client(s) [insert complete name of the Client/s, the type of legal entity, (for example,
“an agency of the Ministry of the Government of {insert name of Country of Client/s}”, or
“a corporation incorporated under the laws of {insert name of Country of Client/s}”] (the
Client(s)) and
[OPTION 2: for a Multi-User Framework Agreement with a Lead Client that is responsible for
managing and administering the Framework Agreement, and that is also a Client,]
between
the Lead Client [insert complete name of the Lead Client, the type of legal entity, (for
example, “an agency of the Ministry of the Government of {insert name of the Lead Client’s
Country}”, or “a corporation incorporated under the laws of {insert name of Country of
Lead Client}”] and having its principal place of business at [insert Lead Client’s address] as
a Client in its own right under the Framework Agreement and as the agency responsible for
the management and administration of the Framework Agreement for use by the other
participating Clients listed in Schedule [insert number] to this Framework Agreement
(Client (s)) and
[OPTION 3: for a Multi-User Framework Agreement with an agency, that is not a Client, but
that is responsible for the management and administration of the Framework Agreement, for use
by the Clients.]
between
Framework Agreement
the Responsible Agency [insert complete name of the type of legal entity, (for example,
“an agency of the Ministry of the Government of {insert name of Country} of the
Responsible Agency”, or “a corporation incorporated under the laws of {insert name of
Country of the Responsible Agency}”] and having its principal place of business at [insert
Responsible Agency’s address] as the agency responsible for the management and
administration of the Framework Agreement for use by the participating Clients listed in
Schedule [insert number] to this Framework Agreement (Client (s)) and
the Consultant [insert name of the Consultant] [If the Consultant consist of more than one
entity, replace: “ the Consultant [ insert name of the Consultant] with: “ “a Joint Venture
[insert name of the JV] consisting of the following entities, each member of which will be jointly
and severally liable for all the Consultant’s obligations under the Framework Agreement,
namely, [name of member] and [name of member] (hereinafter called the “Consultant”)]
This Framework Agreement is subject to the provisions described in the Sections and Schedules
listed below, and any amendments thereof.
This Framework Agreement concludes a standing offer by the Consultant to provide the
specified Services to the Client(s) during the Term of the Framework Agreement, as and when
the Client(s) wishes to procure them, through a Call-off Contract.
The following documents shall be deemed to form and be read and construed as part of this
Framework Agreement and, where indicated, to any Call-off Contract awarded under this
Framework Agreement.
Framework Agreement Provisions
Appendix to the Framework Agreement: Fraud and Corruption
Schedule 1: Terms of Reference
Schedule 2: Key Experts
Schedule 3: Remuneration Rates
Schedule 4: Reimbursable Rates
Schedule 5: Secondary Procurement
Schedule 6: Advance Payment Security
Schedule 7: Code of Conduct for Experts [as applicable]
Schedule 8: Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH)
Performance Declaration for Sub-consultants
Schedule 9: List of participating Clients [use for Multi-User FAs, otherwise delete]
Framework Agreement 84
IN WITNESS whereof, the Parties to this Framework Agreement have caused this Framework
Agreement to be executed in accordance with the laws of [insert the name of the Framework
Agreement governing law country] on the day, month and year indicated above.
[OPTION 2: for a Multi-User Framework Agreement with a Lead Client that is responsible for
managing and administering the Framework Agreement, and that is also a Client]
[OPTION 3: - for a Multi-User Framework Agreement with an agency, that is not a Client , but
that is responsible for the management and administration of the Framework Agreement, for use
by the participating Clients.]
[Note: For a joint venture, either all members shall sign or only the lead member shall sign, in
which case the power of attorney to sign on behalf of all members shall be attached.]
Framework Agreement Provisions
Framework
Agreement Provision Description
(FAP)
1. Definitions 1.1. The following words and expressions shall have the meanings
hereby assigned to them
(a) “Bank” means the World Bank, meaning the International
Bank for Reconstruction and Development (IBRD) and/or
the International Development Association (IDA), whether
acting on its own account or in its capacity as administrator
of trust funds provided by other donors.
(b) “Borrower” means the Government, Government agency or
other entity that signs the financing agreement with the Bank
(c) “Borrower’s Country” is the country specified in the FAP
2.3.
(d) “Business Day” is any day that is an official working day of
the Client. It excludes the Client’s official public holidays.
(e) “Call-off Contract” is a contract awarded under a
Framework Agreement, pursuant to a Secondary
Procurement, for the provision of Services.
(f) “Client” is the Borrower’s agency(ies) that is/are permitted
to procure Services from a Consultant/s under a Call-off
Contract awarded pursuant to the Framework Agreement/s.
Where appropriate, for the purpose of interpretation of the
Framework Agreement, the term Client includes Lead Client,
or Responsible Agency.
(g) “Closed Framework Agreement” is where no new firm(s)
may conclude Framework Agreement(s) during the Term of
the Framework Agreement.
(h) “Commencement Date” is the date this Framework
Agreement is signed by both parties, being the
commencement of the Term.
(i) “Consultant” means a legally established professional
consulting firm or an entity who has concluded a Framework
Agreement to provide Services, from time to time, and as and
Framework Agreement Provisions
Address:
Phone:
Mobile:
E-mail:
The Representatives for all other participating Clients are listed in
Schedule [insert number] to this Framework Agreement.
OR
[OPTION 3: for a Multi-User Framework Agreement concluded by
a central purchasing authority (that is not also a Client) insert the
following]
The name and contact details of the Responsible Agency under this
Framework Agreement, and the address for notices in relation to
this Framework Agreement, are:
Name:
Title/position:
Address:
Phone:
Mobile:
E-mail:
The Representatives for all participating Clients are listed in
Schedule [insert number] to this Framework Agreement.
2.10. Consultant’s Representatives
The name and contact details of the Consultant’s Representative,
for the purposes of this Framework Agreement, and the address for
notices in relation to this Framework Agreement are:
Name:
Title/position:
Address:
Phone:
Mobile:
E-mail:
2.11. Appointing authority
Appointing authority that may be required for the Call-off
Contract, for the sole arbitrator [insert name of an appropriate
professional body].
Framework Agreement Provisions
3. Framework 3.1. This Framework Agreement (FA) shall be read as a whole. Where
Agreement a document is incorporated by reference into this Framework
Documents Agreement, it shall be deemed to form, and be read and construed,
as part of this Framework Agreement.
3.2. This Framework Agreement comprises the following documents.:
(a) Framework Agreement, including all Sections and
Schedules;
(b) Notice of Conclusion of a Framework Agreement; and
(c) Proposal submission forms (from Primary Procurement).
4. Consultant’s 4.1. The Consultant shall offer to provide (standing offer) consulting
Obligations services to the Client pursuant to the Framework Agreement.
4.2. The Consultant shall respond to a request from a Client for
proposal or direct contracting within the period specified in that
request by either (i) submitting a proposal or (ii) accepting award
of contract in case of direct selection or (iii) informing the Client
that it does not intend to provide the Services under the Call-off
Contract.
4.3. During the Term of the Framework Agreement, the Consultant
shall continue to be eligible and technically qualified, as per the
qualification and eligibility criteria stipulated in the Primary
Procurement. The Consultant shall notify the Client immediately,
in writing, if it ceases to be qualified and/or ceases to be eligible.
Standard of Performance
4.4. The Consultant shall perform the Services and carry out the
Services with all due diligence, efficiency and economy, in
accordance with generally accepted professional standards and
practices, and shall observe sound management practices, and
employ appropriate technology and safe and effective equipment,
machinery, materials and methods.
4.5. The Consultant shall employ and provide such qualified and
experienced Experts and Sub-consultants as are required to carry
out the Services.
4.6. The Consultant may subcontract part of the Services to an extent
and with such Key Experts and Sub-consultants as may be
approved in advance by the Client. Submission by the Consultant
for the Client’s approval, for addition of any Sub-consultant not
named in the Contract, shall also include the Sub-consultant’s
declaration in accordance with Schedule 8- Sexual exploitation
and Abuse (SEA) and/or Sexual Harassment (SH) Performance
Declaration. Notwithstanding such approval, the Consultant shall
Framework Agreement Provisions
5. Description of Key 5.1. The title agreed job description, minimum qualification and
Experts estimated period of engagement (if known) is described in
Schedule 2.
Framework Agreement Provisions
6. Obligations of the 6.1. Unless otherwise specified in the Call-off Contract, the Client shall
Client use its best efforts to:
(a) assist the Consultant with obtaining work permits and such
other documents as shall be necessary to enable the
Consultant to perform the Services.
(b) assist the Consultant with promptly obtaining, for the
Framework Agreement Provisions
7. Access to sites 7.1. The Client warrants that the Consultant shall have, free of charge,
unimpeded access to the sites in respect of which access is
required for the performance of the Services. The Client will be
responsible for any damage to the sites or any property thereon
resulting from such access and will indemnify the Consultant and
each of the experts in respect of liability for any such damage,
unless such damage is caused by the wilful default or negligence
of the Consultant or any Sub-consultants or the Experts of either of
them.
9. Role of Lead Client 9.1. Where there is a Lead Client or Responsible Agency that is a party
or Responsible to the Framework Agreement, their role is to manage and
Agency administer the Framework Agreement(s) for use by the
participating Client(s). All communications, including notices, in
relation to the Framework Agreement are to be made to the Lead
Client or Responsible Agency.
9.2. The Lead Client or Responsible Agency is responsible for all
matters pertaining to the Framework Agreement including, for
example, amendments, suspension and termination of the
Framework Agreement. For matters relating to individual Call-off
Contracts, all communications, including notices, must be made to
the Client named in the Call-off Contract.
9.3. Where no Lead Client or Responsible Agency has been appointed,
the named Client is responsible for managing and administering
the Framework Agreement and the provisions in FAP 2.9 above,
in relation to communications and notices etc., apply to the Client.
10. Contract Price 10.1. The Contract Price is the price payable to the Consultant as
stipulated in each Call-off Contract, subject to such additions and
adjustments thereto or deductions therefrom, as may be made
pursuant to the Contract. Call-off Contracts may be Time- based or
Lump-sum, as appropriate.
10.2. The remuneration and reimbursable rates stipulated in the
Framework Agreement/s, subject to any adjustments on
remuneration rates specified in FAP 11 and 12 will be the basis for
determining the Call-off Contract Price.
For Direct Selection:
The remuneration and reimbursable rates stipulated in the
Framework Agreement, Schedule 3 and 4, considering any
adjustments specified in FAPs 11 and 12; and any needed
reimbursements.
or
For Mini-competition:
the successful competitive proposal that has considered any
adjustments specified in FAPs 11 and 12; considering any needed
reimbursements.
11. Adjustments for 11.1. Price adjustment on the remuneration …………….. [insert
Framework Agreement Provisions
If If
R f =R fo× R f =R fo×[ 0. 1+0 . 9 ]
I fo {or I fo }
where:
Rf is the adjusted remuneration;
Rfo is the remuneration payable on the basis of the
remuneration rates (Schedule 3) 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.
Il Il
R l=R lo × R l=R lo ×[0 . 1+0 .9 ]
I lo {or I lo }
where
Rl is the adjusted remuneration;
Rlo is the remuneration payable on the basis of the
remuneration rates (Schedule 3) 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.
13. Liability of the 13.1. Subject to additional provisions, if any, set forth in the Call-off
Consultant Contracts, the Consultant’s liability under this Contract shall be as
determined under the Applicable Law.
Framework Agreement Provisions
14. Force Majeure 14.1. For the purposes of the Call-off Contracts, “Force Majeure” means
an event which is beyond the reasonable control of a party to a
Call-off Contract, is not foreseeable, is unavoidable, and makes a
party’s performance of its obligations hereunder impossible or so
impractical as reasonably to be considered impossible under the
circumstances, and subject to those requirements, includes, but is
not limited to, war, riots, civil disorder, earthquake, fire, explosion,
storm, flood or other adverse weather conditions, strikes, lockouts
or other industrial action confiscation or any other action by
Government agencies.
14.2. Force Majeure shall not include (i) any event which is caused by
the negligence or intentional action of a party or such party’s
Experts, Sub-consultants or agents or employees, nor (ii) any event
which a diligent party could reasonably have been expected to
both take into account at the time of the conclusion of this
Contract, and avoid or overcome in the carrying out of its
obligations hereunder.
14.3. Force Majeure shall not include insufficiency of funds or failure to
make any payment required hereunder.
14.4. The failure of a party to fulfil any of its obligations hereunder shall
Framework Agreement Provisions
15. Language 15.1. The language of this Framework Agreement, and any Call-off
Contract is [insert language]. Supporting documents and printed
literature that are part of this Framework Agreement, and any Call-
off Contract, may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the language specified, in which case, for purposes of this
Framework Agreement, and any Call-off Contract, this translation
shall govern.
Framework Agreement Provisions
15.2. The Consultant shall bear all costs of translation to the governing
language and all risks of the accuracy of such translation.
16. Fraud and 16.1. The Bank requires compliance with the Bank’s Anti-Corruption
Corruption Guidelines and its prevailing sanctions policies and procedures as
set forth in the World Bank Group’s Sanctions Framework, as set
forth in the Appendix to this Framework Agreement Provisions
(Fraud and Corruption).
16.2. The Client requires the Consultant to disclose any commissions or
fees that may have been paid or are to be paid to agents or any
other party with respect to the Primary or Secondary Procurement
or execution of a Call-off Contract. The information disclosed
must include at least the name and address of the agent or other
party, the amount and currency, and the purpose of the
commission, gratuity or fee.
17. Records, inspections 17.1. The Consultant shall keep, and shall make all reasonable efforts to
and audit cause its subcontractor(s), if any, to keep, accurate and systematic
accounts and records in respect of this Framework Agreement, the
Services, and any Call-off Contract, in such form and details as
will clearly identify relevant time changes and costs.
17.2. Pursuant to paragraph 2.2 e. of the Appendix to the Framework
Agreement, the Consultant shall permit and shall cause its agents
(where declared or not), subcontractors, subconsultants, service
providers, Consultants, and personnel, to permit, the Bank and/or
persons appointed by the Bank to inspect the site and/or the
accounts, records and other documents relating to the request for
process and/or execution of the Framework Agreement and/or any
Call-off Contract. The Consultant’s and its subcontractor’s
attention is drawn to FAP 16 (Fraud and Corruption) which
provides, inter alia, that acts intended to materially impede the
exercise of the Bank’s inspection and audit rights constitute a
prohibited practice subject to contract termination (as well as to a
determination of ineligibility pursuant to the Bank’s prevailing
sanctions procedures).
18. Confidential 18.1. Except with the prior written consent of the Client, the Consultant
Information and the Experts shall not at any time communicate to any person
or entity any confidential information acquired in the course of the
Services, nor shall the Consultant and the Experts make public the
recommendations formulated in the course of, or as a result of, the
Services.
19. Proprietary Rights 19.1. Unless otherwise indicated in the Call-off Contract, all reports and
of the Client in relevant data and information such as maps, diagrams, plans,
Framework Agreement Provisions
20. Equipment, Vehicles 20.1. Equipment, vehicles and materials made available to the
and Materials Consultant by the Client, or purchased by the Consultant wholly or
partly with funds provided by the Client, shall be the property of
the Client and shall be marked accordingly. While in possession of
such equipment, vehicles and materials, the Consultant, unless
otherwise instructed by the Client in writing, shall insure them at
the expense of the Client in an amount equal to their full
replacement value.
21. Change to the 21.1. Any change to this Framework Agreement, including an extension
Framework of the Term, must be In Writing and signed by both parties. A
Agreement change can be made at any time after this Framework Agreement
has been signed by both parties, and before it expires.
22. Assignment 22.1. The Consultant shall not assign, in whole or in part, its obligations
under this this Framework Agreement and/or Call-off Contracts,
without the prior written consent of the Client.
23. Termination of the 23.1. The Client, without prejudice to any other remedy for breach of
Framework the Framework Agreement or Call-off Contract, may terminate this
Agreement Framework Agreement immediately, by notice In Writing to the
Consultant, if:
(a) in the judgement of the Client, the Consultant has engaged in
Fraud and Corruption, or
(b) during the Term of the Framework Agreement, the
Framework Agreement Provisions
24. Dispute resolution 24.1. In the case of a dispute arising out of, or in connection with this
in relation to the Framework Agreement, the parties to the Framework Agreement
Framework shall, in good faith, make every reasonable effort to communicate
Agreement and cooperate with each other with a view to amicably resolving
the dispute.
24.2. Where parties have exhausted the process described in FAP 24.1,
the parties may, by mutual agreement, nominate and refer the
dispute to an adjudicator/mediator to assist in the resolution of the
dispute. Parties will meet their own costs associated with such a
referral, and split the costs of the adjudicator/mediator. In
appointing the adjudicator/mediator, the parties should agree
whether or not the adjudicator’s/mediator’s decision is to be final
and binding.
24.3. Dispute resolution mechanism for Call-off contracts shall be as
specified in the Call-off Contracts.
Appendix to the Framework Agreement - Fraud and Corruption 104
b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants,
sub-contractors, service providers, suppliers and/ or their employees, has, directly
or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may
take other appropriate actions, including declaring misprocurement, if the Bank
determines at any time that representatives of the Borrower or of a recipient of
any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices during the procurement process, selection and/or
execution of the contract in question, without the Borrower having taken timely
and appropriate action satisfactory to the Bank to address such practices when
they occur, including by failing to inform the Bank in a timely manner at the time
they knew of the practices;
d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the
Bank’s prevailing sanctions policies and procedures, may sanction a firm or
individual, either indefinitely or for a stated period of time, including by publicly
declaring such firm or individual ineligible (i) to be awarded or otherwise benefit
from a Bank-financed contract, financially or in any other manner; 1 (ii) to be a
nominated2 sub-contractor, consultant, manufacturer or supplier, or service
provider of an otherwise eligible firm being awarded a Bank-financed contract;
and (iii) to receive the proceeds of any loan made by the Bank or otherwise to
participate further in the preparation or implementation of any Bank-financed
project;
e. Requires that a clause be included in bidding/request for proposals documents and
in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers),
consultants, contractors, and suppliers, and their sub-contractors, sub-consultants,
service providers, suppliers, agents, personnel, permit the Bank to inspect 3 all
accounts, records and other documents relating to the procurement process,
selection and/or contract execution, and to have them audited by auditors
appointed by the Bank.
1
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation,
(i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-
contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract,
and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its
pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet
the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities
undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as
evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity
includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making
copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or
electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other
relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.
Framework Agreement-Schedules 106
[This Schedule shall include Terms of Reference (TORs) worked out by the Procuring Agency
and the Consultant during the FA negotiations]
Framework Agreement - Schedules
[Insert the table with the remuneration rates. The table shall be based on the Consultant’s
Proposal and reflect any changes agreed during any negotiations when concluding the
Framework Agreement, if any.]
Framework Agreement - Schedules
[The Procuring Agency shall select the criteria deemed appropriate for the Secondary
Procurement, using the samples text provided below or other acceptable wording, and delete the
text in italics.
The Secondary Procurement methodology(ies) to be described in this Schedule must be
consistent with the Secondary Procurement method(s) set out in the Request for Proposals which
resulted in the conclusion of the Framework Agreement.]
Framework Agreement - Schedules
The evaluation of qualifications of Experts that may be needed during the Term of the
Framework Agreement, and the proposed approach and methodology for a typical Call-off
Contract would have been carried out during the Primary Procurement. The purpose of any
proposals requested from consultants and its evaluation at the Secondary Procurement stage is
therefore not to repeat the Primary Procurement process (as it otherwise dilutes the efficiency
gains of the upfront process to establish a Framework Agreement). The Secondary Procurement
focuses to fill-in the gaps, based on the specific information of the Call-off contract, and readily
put a contract in place.
The procedure for the application of the procurement methods outlined above are the following.
For Experts’ positions evaluated in the Primary Procurement and included in the
Framework Agreement, Consultants are not permitted to propose remuneration rates, that
are higher than the remuneration rates stated in the Framework Agreement, Schedule 2, or
as adjusted by the agreed price adjustment formula, if applicable in accordance with FAP
Framework Agreement-Schedules
11, and any changes in any Laws and Regulations in accordance with FAP 12.
Consultants are also not permitted to propose reimbursable rates that are higher than the
reimbursable rates stated in the Framework Agreement, subject to FAP 12.
The technical negotiations may focus on: (i) adequacy of quality of the proposed
methodology, work plan and organization of the Consultant’s team, in responding to the
Terms of Reference- Call-off; (ii) confirm inclusion of appropriate Key Experts that were
evaluated as part of the Primary Procurement and included in the Framework Agreement;
(iii) adequacy of the qualifications and competence for the assignment of any substitute
and/or additional Key Experts that were not evaluated in the Primary Procurement (not
included in the Framework Agreement).
The financial negotiations may focus on confirming: (i) that the remuneration rates (for
lump sum contracts, the rates applied by the Consultant to demonstrate the basis for the
calculation of the Contract ceiling amount) of Experts is not higher than what was agreed
in the Framework Agreement, subject to price adjustment, if any, in accordance with the
Framework Agreement; (ii) the reimbursable expenses (for lump sum contracts, rates
applied by the Consultant to demonstrate the basis for the calculation of the Contract
ceiling amount), to calculate applicable taxes at contract negotiations and, if needed, to
establish payments to the Consultant for possible additional services requested by the
Client) are not higher than what was agreed in the Framework Agreement, subject to any
adjustment in accordance with FAP 11 of the Framework Agreement; and (iii)
clarification of the Consultant’s tax liability in the Client’s country and how it should be
reflected in the Contract (indicating which taxes shall be paid by the Consultant and which
taxes are withheld and paid by the Client on behalf of the Consultant), including (a) all
local identifiable indirect taxes such as sales tax, excise tax, VAT, or similar taxes levied
on the contract’s invoices; and (b) all additional local indirect tax on the remuneration of
services rendered by non-resident experts in the Client’s country.
1.3 Direct selection based on location [delete if not applicable as per paragraph 1 above]
The Client will select an eligible Consultant holding a Framework Agreement, which is
best able to provide the Services, , based on the location where the Services are to be
carried out.
1.4 Direct selection based on balanced division of provision of services [delete if not
applicable as per paragraph 1 above]
Framework Agreement - Schedules
The Client will rotate the award of Call-of Contracts amongst all eligible Consultants
holding a Framework Agreement, based on a balanced division of provision of services
linked to their ranking in the technical proposal in the Primary Procurement.
The first Call-off Contract(s) will be awarded to the Consultant whose Framework
Agreement has the highest ranking. The first Consultant will continue to be awarded Call-
off Contracts until the total value of all Call-off Contracts awarded reaches the upper
[insert: “value”] limit.
A second Consultant, whose Framework Agreement has the second highest ranking, will
then be awarded the subsequent Call-off Contracts until the total value of all Call-off
Contracts awarded reaches the upper [insert: “value”] limit…and so on.
2. Call-off contract
Following conclusion of successful contract negotiations, the negotiated Call-off Contract is
signed by both the Client and the Consultant.
Attachments:
Annex 1: Client’s Requirements
Annex 2: Proposal Forms
Annex 3: Call-off Contract for provision of Services [this may be the Call-off Contract
Form or another acceptable template]
Framework Agreement-Schedules
2. Price
(a) Your proposal must be submitted in the format contained in Annex 2: Consultant
Proposal Form.
(b) The remuneration rates for Experts specified in the Framework agreement or any
justifiable substitution (for lump sum contracts, the rates applied by the Consultant to
demonstrate the basis for the calculation of the Contract ceiling amount) shall not be
higher than the remuneration rates as established in the Framework Agreement, as
adjusted by applying the price adjustment formula and any adjustment for change in
Laws and Regulations in accordance with the FA provisions.
(c) The remuneration rates for needed additional Experts (for lump sum contracts, the rates
applied by the Consultant to demonstrate the basis for the calculation of the Contract
ceiling amount), if any, shall be reasonable considering typically charged rates by
consultants in similar contracts.
(d) The reimbursables rates (for lump sum contracts, the rates applied by the Consultant to
demonstrate the basis for the calculation of the Contract ceiling amount) shall also not
be higher than the reimbursable rates as established in the Framework Agreement, as
adjusted for any change in Laws and Regulations in accordance with the FA provisions.
(e) The reimbursable rates for any needed additional expenses (for lump sum contracts, the
rates applied by the Consultant to demonstrate the basis for the calculation of the
Contract ceiling amount), if any, shall be reasonable considering typically charged rates
by consultants in similar contracts.
(f) The price that you propose shall be fixed and shall not be subject to any further
adjustment.
(g) The remuneration rates for experts and reimbursable expenses shall be in the same
currency(ies) specified for remuneration rates in the applicable Framework Agreement
Schedule.
(h) The Proposal will be valid for a period of [insert number of calendar days]
3. Key Experts
The Consultant is required to prepare its proposal based on the list of Key Experts in the
Framework Agreement. Any substitute expert shall have qualifications equal to or better than
the originally proposed Key Expert. Any additional Key Expert that may be needed to carry
out the Services specified in the TOR: Call-off shall be adequately qualified to carry out the
allocated tasks.
Framework Agreement - Schedules
4. Clarifications
If you require clarification(s) regarding this RFP: Call-off, send your request in writing
(email or hard copy or through e-procurement system if available) to our above-named
Representative before [insert date and time]. We shall forward copies of our response to all
Consultants including a description of the inquiry but without identifying its source.
6. Opening of Proposals
Proposals will be opened on [[insert time, day, month, year] by the Client’s representatives
in the presence of the Consultant’s designated representatives who choose to attend the
opening of the proposals. Minutes of the opening will be shared with all Consultants who
submitted proposals.
adequacy of the qualifications and competence for the assignment of any substitute
and/or for additional Key Experts positions that were not evaluated in the Primary
Procurement (not included in the Framework Agreement).
[add other relevant criteria, if any]
For Consultant/s whose technical proposal/s has been found to be substantially
responsive in accordance with the above assessment, the financial proposal/s are then
evaluated to review pricing in accordance para. 2 above.
Correction of errors in financial proposal: 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 corrections are made to the
Financial Proposal.
Taxes: For the purpose of the evaluation, the Client will exclude: (a) all local identifiable
indirect taxes such as sales tax, excise tax, VAT, or similar taxes levied on the contract’s
invoices; and (b) all additional local indirect tax on the remuneration of services rendered
by non-resident experts in the Client’s country. If a Contract is awarded, at Contract
negotiations, all such taxes will be discussed, finalized and added to the Contract amount
as a separate line, also indicating which taxes shall be paid by the Consultant and which
taxes are withheld and paid by the Client on behalf of the Consultant.
Notwithstanding the above, the substitution of Key Experts at the negotiations may be
considered if due solely to circumstances outside the reasonable control of and not
foreseeable by the Consultant, including but not limited to death or medical
Framework Agreement - Schedules
incapacity. In such case, the Consultant shall offer a substitute Key Expert within the
period of time specified in the letter of invitation to negotiate the Contract, who shall
have equivalent or better qualifications and experience than the original candidate.
If the negotiations fail, the Client shall inform the Consultant in writing of all pending
issues and disagreements and provide a final opportunity to the Consultant to
respond. If disagreement persists, the Client shall terminate the negotiations
informing the Consultant of the reasons for doing so. The Client will then 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.
9. At the time of Contract Award, the Consultant (including each subcontractor proposed by the
Consultant) shall not be subject to disqualification by the Bank for non-compliance with
SEA/ SH obligations. Prior to Contract award, the Client will verify that the successful
Consultant (including each member of a JV) is not disqualified by the Bank due to
noncompliance with contractual Sexual Exploitation and Abuse (SEA) /Sexual Harassment
(SH) prevention and response obligations. The Client will conduct the same verification for
each subcontractor proposed by the successful Consultant. If any proposed subcontractor
does not meet the requirement, the Client will require the Consultant to propose a
replacement subcontractor.
In this regard, “Sexual Exploitation and Abuse” “(SEA)” means the following:
Sexual Exploitation is defined as any actual or attempted abuse of position of
vulnerability, differential power or trust, for sexual purposes, including, but not limited
to, profiting monetarily, socially or politically from the sexual exploitation of another.
Sexual Abuse is defined as the actual or threatened physical intrusion of a sexual nature,
whether by force or under unequal or coercive conditions.
Framework Agreement-Schedules
“Sexual Harassment” “(SH)” is defined as unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature by contractor’s personnel with
other contractor’s, subcontractors’ or employer’s personnel.
10. Contract
Attached, as Annex 3 to this RFP: Call-off, is the draft Call-off Contract that will apply to
this Secondary Procurement. If successful, you will be required to sign a Call-off Contract on
the same, or similar terms. [Instructions: complete a draft Call-off Contract for this
procurement and attach it to this RFP: Call-off]
Signature:
Name:
Title/position:
Framework Agreement - Schedules 121
Submission of Proposal
We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in
accordance with your RFP: Call-off dated [Insert Date] and our Proposal. We are hereby
submitting our Proposal, which includes this Technical Proposal and a Financial Proposal.
{If the Consultant is a joint venture, insert the following: We are submitting our Proposal a joint
venture with: {Insert a list with full name and the legal address of each member, and indicate the
lead member}. We have attached a copy {insert: “of our letter of intent to form a joint venture”
or, if a JV is already formed, “of the JV agreement”} signed by every participating member,
which details the likely legal structure of and the confirmation of joint and severable liability of
the members of the said joint venture.
{OR
Framework Agreement - Schedules
If the Consultant’s Proposal includes Sub-consultants, insert the following: We are submitting
our Proposal with the following firms as Sub-consultants: {Insert a list with full name and
address of each Sub-consultant.}
Our Financial Proposal is for the amount of {Indicate the corresponding to the amount(s)
currency(ies)} {Insert amount(s) in words and figures}, [Insert “including” or “excluding”] of
all indirect local taxes in accordance with the RFP: Call-off. The estimated amount of local
indirect taxes is {Insert currency} {Insert amount in words and figures} which shall be confirmed
or adjusted, if needed, during negotiations.
We [where JV, insert: “including any of our JV members”], and any of our sub-
consultants:
(i) [have not been subject to disqualification by the Bank for non-compliance with
SEA/ SH obligations.]
(ii) [are subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations.]
(iii) [had been subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations. An arbitral award on the disqualification case has been made in our
favor.]
(f) We, along with any of our sub-consultants, subcontractors, suppliers, or service
providers for any part of the contract, are not subject to, and not controlled by any entity
or individual that is subject to, a temporary suspension or a debarment imposed by the
World Bank Group or a debarment imposed by the World Bank Group in accordance
with the Agreement for Mutual Enforcement of Debarment Decisions between the
World Bank and other development banks. Further, we are not ineligible under the
Client’s country laws or official regulations or pursuant to a decision of the United
Nations Security Council;
(g) We undertake to negotiate a Contract on the basis of the proposed Key Experts.
Framework Agreement - Schedules
(h) Commissions and gratuities paid or to be paid by us to an agent or any third party
relating to preparation or submission of this Proposal and Contract execution, paid if we
are awarded the Contract, are listed below:
{If no payments are made or promised, add the following statement: “No commissions
or gratuities have been or are to be paid by us to agents or any third party relating to
this Proposal and Contract execution.”}
(i) We undertake, if our Proposal is accepted and the Contract is signed, to initiate the
Services related to the assignment no later than the expected commencement date
specified in the RFP: Call-off.
(j) We understand that the Client is not bound to accept any Proposal that the Client
receives.
We remain,
Yours sincerely,
_________________________________________________________________
Signature (of Consultant’s authorized representative) {In full and initials}:
{For a joint venture, either all members shall sign or only the lead member, in which case
the power of attorney to sign on behalf of all members shall be attached}
ATTACHMENTS:
1. Description of Approach, Methodology, and Work Plan for Performing the Assignment
2. Work Schedule and planning for deliverables
3. Team Composition, Assignment, and Key Experts’ inputs
4. CVs for any justifiable substitution or needed additional Key Expert position not
envisaged in the Framework Agreement
5. Financial proposal forms
Framework Agreement - Schedules
Framework Agreement - Schedules 126
Months
N° Deliverables 1 (D-..)
1 2 3 4 5 6 7 8 9 ..... n TOTAL
D-1 {e.g., Deliverable #1: Report A
1) data collection
2) drafting
3) inception report
4) incorporating comments
5) delivery of final report to
Client}
1 List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the Client’s approvals. For phased assignments,
indicate the activities, delivery of reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in a form of a bar chart.
3. Include a legend, if necessary, to help read the chart.
127 | P a g e
Framework Agreement - Schedules 128
Total time-input
Expert’s input (in person/month) per each Deliverable
(in Months)
N° Name
Positio
D-1 D-2 D-3 ........ D-... Home Field Total
n
KEY EXPERTS
[Home] [2 [1.0] [1.0]
K- [Team
Leader] month]
1 [Field] [0.5 m] [2.5] [0]
K-
2
K-
3
n
Subtotal
NON-KEY EXPERTS
N- [Home]
1 [Field]
N-
2
n
Subtotal
Total
1 Months are counted from the start of the assignment/mobilization. One (1) month equals twenty two (22) working (billable) days.
One working (billable) day shall be not less than eight (8) working (billable) hours.
Framework Agreement - Schedules 129
2 “Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in the Client’s
country or any other country outside the expert’s country of residence.
[CVs for any justifiable substitution or needed additional Key Expert position not
envisaged in the Framework Agreement]
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes myself, my qualifications, and my experience, and I am available, as and when
necessary, to undertake the assignment in case of an award. I understand that any
misstatement or misrepresentation described herein may lead to my disqualification or
dismissal by the Client, and/or sanctions by the Bank.
{day/month/year}
Cost
When used for Lump-Sum contract assignment, information to be provided in this Form shall
only be used to demonstrate the basis for the calculation of the Contract’s ceiling amount; to
calculate applicable taxes at contract negotiations; and, if needed, to establish payments to the
Consultant for possible additional services requested by the Client. This Form shall not be
used as a basis for payments under Lump-Sum contracts.
Key Experts
K-1
[Home]
[Field]
K-2
Non-Key Experts
N-1 [Home]
N-2 [Field]
Total Costs
Framework Agreement - Schedules
Please note that leave can be considered as a social cost only if the Client is not
charged for the leave taken.
(xii) Overheads are the Consultant’s business costs that are not directly related to
the execution of the assignment and shall not be reimbursed as separate items
under the Contract. Typical items are home office costs (non-billable time,
time of senior Consultant’s staff monitoring the project, rent of headquarters’
office, support staff, research, staff training, marketing, etc.), the cost of
Consultant’s personnel not currently employed on revenue-earning projects,
taxes on business activities, and business promotion costs. During
negotiations, audited financial statements, certified as correct by an
independent auditor and supporting the last three years’ overheads, shall be
available for discussion, together with detailed lists of items making up the
overheads and the percentage by which each relates to basic salary. The Client
does not accept an add-on margin for social charges, overhead expenses, etc.
for Experts who are not permanent employees of the Consultant. In such case,
the Consultant shall be entitled only to administrative costs and a fee on the
monthly payments charged for sub-contracted Experts.
(xiii) Profit is normally based on the sum of the Salary, Social costs, and
Overheads. If any bonuses paid on a regular basis are listed, a corresponding
reduction shall be made in the profit amount. Profit shall not be allowed on
travel or any other reimbursable expenses.
(xiv) Away from Home Office Allowance or Premium or Subsistence
Allowances. Some Consultants pay allowances to Experts working away from
headquarters or outside of the home office. Such allowances are calculated as
a percentage of salary (or a fee) and shall not draw overheads or profit.
Sometimes, by law, such allowances may draw social costs. In this case, the
amount of this social cost shall still be shown under social costs, with the net
allowance shown separately.
UNDP standard rates for the particular country may be used as reference to
determine subsistence allowances.
Framework Agreement - Schedules 137
Sample Form
Consultant: Country:
Assignment: Date:
[Name of Consultant]
Name:
Title:
Framework Agreement - Schedules 138
Personnel 1 2 3 4 5 6 7 8
Basic Remuneration Away from Proposed Fixed Rate Proposed Fixed Rate
Nam Positio Social Subtota
Rate per Working Overhead1 Profit2 Home Office per Working per Working
e n Charges1 l
Month/Day/Year Allowance Month/Day/Hour Month/Day/Hour1
Home Office
Client’s Country
{* If more than one currency is used, use additional table(s), one for each currency}
1. Expressed as percentage of 1
2. Expressed as percentage of 4
Framework Agreement - Schedules
FINANCIAL PROPOSAL FORM 3
BREAKDOWN OF REIMBURSABLE EXPENSES
When used for Lump-Sum contract assignment, information to be provided in this Form shall
only be used to demonstrate the basis for calculation of the Contract ceiling amount, to
calculate applicable taxes at contract negotiations and, if needed, to establish payments to the
Consultant for possible additional services requested by the Client. This form shall not be
used as a basis for payments under Lump-Sum contracts.
{Foreign
N Type of Reimbursable Unit {Local
Unit Quantity Currency/ies
° Expenses Cost Currency }
}
{e.g., Per diem {Day}
allowances*}
{e.g., International flights} {Ticket}
{e.g., In/out airport {Trip}
transportation}
{e.g., Communication costs
between Insert place and
Insert place}
{ e.g., reproduction of
reports}
{e.g., Office rent}
....................................
{Training of the Client’s
personnel – if required in TOR}
Total Costs
* “Per diem allowance” is paid for each night the expert is required by the Contract to be away from his/her
usual place of residence. Procuring Agency can set up a ceiling in Framework Agreement if appropriate
Framework Agreement - Schedules
Client: Consultant:
[Insert complete legal name of the [Insert complete legal name of the
Client] Consultant]
[address] [address]
In case the Consultant is a Joint Venture, the members hereby authorize the Lead Member
specified in the Consultant Proposal Form to act on their behalf in exercising all the
Framework Agreement - Schedules 144
Consultant’s rights and obligations towards the Client under this Contract, including
without limitation the receiving of instructions and payments from the Client.
3. Reporting Obligations
Reporting obligations of the Consultant shall be as specified in the TOR Call-off.
4. Insurance
The Consultant (i) shall take out and maintain, and shall cause any Sub-consultants to take out
and maintain, at its (or the Sub-consultants’, as the case may be) own cost but on terms and
conditions approved by the Client, insurance against the risks, and for the coverage specified
below; and (ii) at the Client’s request, shall provide evidence to the Client showing that such
insurance has been taken out and maintained and that the current premiums therefore have
been paid. The Consultant shall ensure that such insurance is in place prior to commencing the
Services. The insurance coverage against the risks shall be as follows:
(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 of [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 of [insert amount and
currency or state “in accordance with the applicable law in the Client’s country”];
(d) employer’s liability and workers’ compensation insurance in respect of the experts and
Sub-consultants in accordance with the relevant provisions of the applicable law in the
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
(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.
[insert specific insurance provisions agreed upon, including coverage, currency and
amount]
Framework Agreement - Schedules 145
5. Modifications or Variations
Any modification or variation of the terms and conditions of this Call-off Contract,
including any modification or variation of the scope of the Services, may only be made by
written agreement between the parties. However, each Party shall give due consideration
to any proposals for modification or variation made by the other party.
For Lump-Sum contracts, any change to the Contract price can be made only if the parties
have agreed to the revised scope of Services pursuant and have amended in writing the
Terms of Reference for the Call-off Contract. For Time-based contracts, for any payments
in excess of the ceilings, an amendment to the Call-off Contract shall be signed by the
parties referring to the provision of this Contract that evokes such amendment.
6. Dispute resolution in relation to Call-off Contracts
The parties to the Call-off Contract shall seek to resolve any dispute amicably by mutual
consultation.
If either party objects to any action or inaction of the other party to the Contract, the
objecting party may file a written notice of dispute to the other party providing in detail
the basis of the dispute. The party receiving the notice of Dispute will consider it and
respond in writing within fourteen (14) days after receipt. If that party fails to respond
within fourteen (14) days, or the dispute cannot be amicably settled within fourteen (14)
days following the response of that party, the arbitration provisions below apply.
Any dispute between the parties arising under or related to this Contract that cannot be
settled amicably may be referred to by either party to arbitration. Notwithstanding any
reference to arbitration, the parties shall continue to perform their respective obligations
under the Call-off Contract unless they agree otherwise.
[(a) shall be retained in the case of a Contract with a foreign Consultant and (b) shall be
retained in the case of a Contract with a consultant who is national of the Client’s
Country.]
(a) If the parties fail to agree on the appointment of a sole arbitrator within thirty (30)
days after receipt by the other party of the proposal of a name for such an
appointment from the Party who initiated the proceedings, either party may apply
to the appointing authority specified in FAP 2.11 of the Framework Agreement to
appoint a sole arbitrator.
Rules of Procedure. Except as otherwise stated herein, arbitration proceedings shall be
conducted in accordance with the rules of procedure for arbitration of the United Nations
Commission on International Trade Law (UNCITRAL) as in force on the date of this
Contract.
The decision of the sole arbitrator 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.
(b) In the case of a dispute between the Client and a Consultant who is a national of
the Client’s Country, the dispute shall be referred to adjudication or arbitration in
accordance with the laws of the Client’s Country.
Framework Agreement - Schedules 146
7. [include the following if the Contract has been assessed to present potential or
actual cyber security risks:
The Consultant, including its Sub-consultants/suppliers/ service providers shall take all
technical and organizational measures necessary to protect the information technology
systems and data used in connection with the Contract. Without limiting the foregoing, the
Consultant, including its Sub-consultants/ suppliers/ service providers, shall use all
reasonable efforts to establish, maintain, implement and comply with, reasonable
information technology, information security, cyber security and data protection controls,
policies and procedures, including oversight, access controls, encryption, technological
and physical safeguards and business continuity/disaster recovery and security plans that
are designed to protect against and prevent breach, destruction, loss, unauthorized
distribution, use, access, disablement, misappropriation or modification, or other
compromise or misuse of or relating to any information technology system or data used in
connection with the Contract.]
We have been informed that ____________ [name of Consultant or a name of the Joint
Venture, same as appears on the signed Contract] (hereinafter called "the Consultant") has
entered into Contract No. _____________ [reference number of the contract] dated
___[insert date]_________ with the Beneficiary, for the provision of __________________
[brief description of Services] (hereinafter called "the Contract").
At the request of the Consultant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ [amount in
figures] ( ) [amount in words]1 upon receipt by us of the Beneficiary’s
complying demand supported by the Beneficiary’s a written statement, whether in the
demand itself or in a separate signed document accompanying or identifying the demand,
stating that the Consultant is in breach of its obligation under the Contract because the
Consultant:
(a) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Consultant has failed to repay;
(b) has used the advance payment for purposes other than toward providing the Services
under the Contract.
1 1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated
either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Client.
Framework Agreement - Schedules 148
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Consultant on their account
number ___________ at _________________ [name and address of bank].
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Consultant as indicated in certified statements or invoices
marked as “paid” by the Client which shall be presented to us. This guarantee shall expire, at
the latest, upon our receipt of the payment certificate or paid invoice indicating that the
Consultant has made full repayment of the amount of the advance payment, or on the __ day
of _[month]__________, [year]__,2 whichever is earlier. Consequently, any demand for
payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
revision, ICC Publication No. 758.
_____________________
[signature(s)]
{Note: All italicized text is for indicative purposes only to assist in preparing this form and
shall be deleted from the final product.}
2 2
Insert the expected expiration date. In the event of an extension of the time for completion of the Contract, the
Client would need to request an extension of this guarantee from the Guarantor. Such request must be in
writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee,
the Client might consider adding the following text to the form, at the end of the penultimate paragraph: “The
Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year],
in response to the Client’s written request for such extension, such request to be presented to the Guarantor
before the expiry of the guarantee.”
Framework Agreement - Schedules 149
We:
(a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
(b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
(c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.
An arbitral award on the disqualification case has been made in our favor.
[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]
Framework Agreement - Schedules 151
4.