Request for Proposal (RFP)
GOVERNMENT OF JAMAICA
PUBLIC SECTOR MODERNISATION DIVISION (PSMD)
REQUEST FOR PROPOSAL (RFP)
TO IMPLEMENT THE DISSEMINATION STRATEGY FOR
THE MEDIUM TERM ACTION PLAN (MTAP)-PHASE 1
(RESEARCH AND REFINEMENT)
Public Sector Modernisation Division
TABLE OF CONTENTS
Section I Instruction to Consultants 3-4
1.1 Introduction 5
1.1.1 Conflict of Interest 6
1.1.2 Conflicting activities 6
1.1.3 Conflicting assignments 6
1.1.4 Conflicting relationships 6-7
1.1.5 Fraud and Corruption 7-9
1.2 Terms and Conditions 9
1.2.1 Eligibility 9-10
1.2.2 Acceptance of Contract 10
1.2.3 Delivery of Services 11
1.2.4 Cost Estimates 11
1.2.5 Payment 11
1.2.6 Clarification and Amendment to RFP 11-12
1.3 Preparation of Proposal 12
1.3.1 General 12
1.3.2 Technical Proposal 12-14
1.3.3 Financial Proposal 14-15
1.4 Submission, Receipt and Opening of the Proposal 15-16
1.5 Evaluation of Proposals 16
1.5.1 Evaluation of Technical proposal 16-17
1.5.2 Evaluation of Financial proposal 17-18
1.6 Negotiation and Contract Award 18-19
Section II Terms of Reference and Evaluation Criteria 20-24
Section III Technical Proposal Standard Forms 25-33
Section IV Financial Proposal Standard Forms 34-36
Section V Standard form of Contract 37-55
Section VI Eligible Countries 56-57
GOJ Government of Jamaica
PSMD Public Sector Modernisation Division
LP Lowest Price Proposal
q Weight Assigned to the Quality Proposal
c Weight Assigned to the Pricing Proposal
C Cost Score
QCBS Quality and Cost-Based Selection
RFP Request for Proposals
TS Total Score
LT Lowest Proposal Price
XT Price for proposal under consideration
TP Technical Proposal
Q Quality/Technical Score
TOR Terms of Reference
SECTION I – INSTRUCTIONS TO CONSULTANTS
Following is a list of definitions provided to facilitate the comprehensions of
a) “Bank” means the Inter-American Development Bank, Washington, D.C.,
U.S.A., or any other fund administered by the Bank.
b) “Contract” means the legal document signed by the relevant parties, together
with all the attached documents listed in Clause 1 of the contract;
c) “Client” means the agency with which the selected Consultant signs the Contract
for the Services.
d) “Consultant” means any entity or person, including a Joint Venture, Consortium
or Association (JVCA), that may provide or provides the Services to the Client
under the Contract.
e) “Day” signifies a calendar day;
f) “Government” refers to the Government of the Jamaica;
g) “Personnel” refers to all the professional staff of the firm that is engaged and its
experts who are assigned the task of providing the relevant services or a portion
h) “Foreign consultant” refers to any professional or support personnel who are
domiciled outside the country of the government in question at the time the
contract is issued;
i) “Local consultant” refers to professional or support personnel who are domiciled
in the country of the government in question at the time the contract is issued;
j) “Foreign Firm” refers to firms registered outside of Jamaica.
k) “Local Firm” refers to firms registered in Jamaica.
l) “TCC” refers to Tax Compliance Certificate issued by the Inland Revenue
Department of the Government of Jamaica.
m) “Proposal” refers to the technical proposal and the financial proposal;
n) “RFP” refers to the request for proposals prepared by the contracting agency for
purposes of selecting consultants;
o) “Services” means the work to be done by the consultant under the terms of the
p) “Terms of Reference” (TOR) refers to the document included as Section II of
the RFP, which explains the objectives, scope of the work assignment, activities,
tasks to be performed, the responsibilities of the contracting agency and of the
consultant, and the expected results and outputs of the assignment.
q) “Staff months” means the work performed by one member of staff for eight
hours per day over twenty days within one month.
r) “Applicable Law” means the laws and any other instruments having the force of law in
Jamaica, as they may be issued and in force from time to time;
The Public Sector Modernisation Division (PSMD) of the Cabinet Office (the
Client) requires technical assistance to Implement the Dissemination Strategy for the
Medium Term Action Plan (MTAP)-Phase 1 (Research and Refinement).
In order to support the development effectiveness initiatives of the borrowing
countries, the Inter-American Development Bank (IADB); hereafter referred to as
“the Bank” approved a Program to Implement the External Pillar of the Medium
Term Action Plan for Development Effectiveness (PRODEV), which provides
resources to finance related activities with non-reimbursable technical cooperation
funds. In accordance with the PRODEV Letter of Agreement signed between the
Bank and the GOJ on April 12th 2005, the GOJ has requested the Bank’s support
for the implementation of its Medium Term Action Plan (MTAP) for
Management for Results (MfR).
On April 16th 2006 the Bank approved a non-reimbursable technical cooperation
(TC) to assist the Government of Jamaica (GOJ) in the preparation of its MTAP
to improve the performance, management, monitoring and evaluation capacity of
the public sector. The operation also included critical capacity building and
dissemination activities to facilitate future implementation of the Action Plan. The
requested operation was financed under PRODEV window B which supports the
second objective of the Bank’s country strategy with Jamaica as it contributes to
the improvement of government management systems for planning, financial
management, procurement and fiscal and fiduciary oversight.
Details of the particular services required are given in the Terms of Reference
(TOR) at Section II of this Request for Proposals (RFP). Consultants are invited
to submit a Technical Proposal and a Financial Proposal, for Technical
Assistance required for the assignment as described in the TOR in Section II. The
proposal will be the basis for contract negotiations and ultimately for a signed
contract with the selected firm.
1.1.1 Conflict of Interest
Bank policy requires that Consultants provide professional, objective, and
impartial advice and at all times hold the Client’s interests paramount,
strictly avoid conflicts with other assignments or their own corporate
interests and act without any consideration for future work.
Without limitation on the generality of the foregoing, Consultants, and any
of their affiliates, shall be considered to have a conflict of interest and shall
not be recruited, under any of the circumstances set forth below:
1.1.2 Conflicting activities
(i)A firm that has been engaged by the Client to provide goods, works or
services other than consulting services for a project, and any of its
affiliates, shall be disqualified from providing consulting services related to
those goods, works or services. Conversely, a firm hired to provide
consulting services for the preparation or implementation of a project, and
any of its affiliates, shall be disqualified from subsequently providing
goods or works or services other than consulting services resulting from or
directly related to the firm’s consulting services for such preparation or
implementation. For the purpose of this paragraph, services other than
consulting services are defined as those leading to a measurable physical
output, for example surveys, exploratory drilling, aerial photography, and
1.1.3 Conflicting assignments
A Consultant (including its Personnel and Sub-Consultants) or any of its
affiliates shall not be hired for any assignment that, by its nature, may be
in conflict with another assignment of the Consultant to be executed for
the same or for another Client. For example, a Consultant hired to prepare
engineering design for an infrastructure project shall not be engaged to
prepare an independent environmental assessment for the same project,
and a Consultant assisting a Client in the privatization of public assets
shall not purchase, nor advise purchasers of, such assets. Similarly, a
Consultant hired to prepare Terms of Reference for an assignment should
not be hired for the assignment in question.
1.1.4 Conflicting relationships
A Consultant (including its Personnel and Sub-Consultants) that has a
business or family relationship with a member of the Client’s staff who is
directly or indirectly involved in any part of (i) the preparation of the
Terms of Reference of the assignment, (ii) the selection process for such
assignment, or (iii) supervision of the Contract, may not be awarded a
Contract, unless the conflict stemming from this relationship has been
resolved in a manner acceptable to the Bank throughout the selection
process and the execution of the Contract.
184.108.40.206 Consultants have an obligation to disclose any situation of actual
or potential conflict that impacts their capacity to serve the best
interest of their Client, or that may reasonably be perceived as
having this effect. Failure to disclose said situations may lead to
the disqualification of the Consultant or the termination of its
220.127.116.11 No agency or current employees of the Client shall work as
Consultants under their own ministries, departments or agencies.
Recruiting former government employees of the Client to work for
their former ministries, departments or agencies is acceptable
provided no conflict of interest exists. When the Consultant
nominates any government employee as Personnel in their
technical proposal, such Personnel must have written certification
from their government or employer confirming that they are on
leave without pay from their official position and allowed to work
full-time outside of their previous official position. Such
certification shall be provided to the Client by the Consultant as
part of his technical proposal.
18.104.22.168 Unfair Advantage
If a shortlisted Consultant could derive a competitive advantage
from having provided consulting services related to the assignment
in question, the Client shall make available to all shortlisted
Consultants together with this RFP all information that would in
that respect give such Consultant any competitive advantage over
1.1.5 Fraud and Corruption
The Bank requires that all borrowers (including grant beneficiaries), the
executing agencies and contracting agencies, as well as all firms and
entities bidding for or participating in a Bank-financed project,
including, inter alia, applicants, bidders, contractors and consulting firms
(including their respective officers, employees and agents) adhere to the
highest ethical standards, and report to the Bank all suspected acts of
fraud or corruption of which it has knowledge or becomes aware,
during the Selection Process and throughout the negotiation or execution
of a Contract. Fraud and corruption are prohibited. Fraud and corruption
include acts of: (a) corrupt practice, (b) fraudulent practice, (c) coercive
practice and (d) collusive practice. The definitions of actions set forth
below cover the most common types of f r a u d a n d c o r r u p t i o n , but
are not exhaustive. For this reason, the Bank shall also take action in the
event of any similar deed or complaint involving alleged acts of fraud and
corruption, even when these are not specified in the following list. The
Bank shall in all cases proceed in accordance with the established
procedure referred to in Clause 1.1.5 (c):
(a) The Bank defines the terms set forth below as follows:
(i) A corrupt practice is the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the actions
of another party;
(ii) A fraudulent practice is any act or omission, including a
misrepresentation, which misleads, or attempts to mislead, a party
in order to obtain a financial or other benefit or to avoid an
(iii) A coercive practice is impairing or harming, or threatening to
impair or harm, directly or indirectly, any party or property of the
party to influence the actions of a party; and
(iv) A 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.
(b) If the Bank, in accordance with its administrative procedures, demonstrates
that any firm or entity bidding for or participating in a Bank-financed
project including, inter alia, applicants, bidders, contractors, consultants,
borrowers (including grant beneficiaries), purchasers, executing agencies
and contracting agencies (including their respective officers, employees and
agents) engaged in an act of fraud or corruption, the Bank may:
(i) decide not to finance any proposal to award a contract or a contract
awarded for consultant services financed by the Bank;
(ii) suspend disbursement of the operation if it is determined at any
stage that evidence is sufficient to support a finding that an
employee, agent or representative of the Borrower, Executing
Agency or Contracting Agency has engaged in an act of fraud or
(iii) cancel and/or accelerate repayment of, the portion of a loan or grant
earmarked for a contract, when there is evidence that the
representative of the Borrower, or Beneficiary of a grant, has not
taken the adequate remedial measures within a time period which
the Bank considers reasonable, and in accordance with the due
process guarantees of the borrowing country’s legislation;
(iv) issue a reprimand in the form of a formal letter of censure of the firm
or entity behavior;
(v) issue a declaration that an entity or firm is ineligible, either
permanently or for a stated period of time, to be awarded or
participate in contracts under Bank-financed projects except under
such conditions as the Bank deems to be appropriate;
(vi) refer the matter to appropriate law enforcement authorities; and/or
(vii) impose other sanctions that it deems to be appropriate under the
circumstances, including the imposition of fines representing
reimbursement of the Bank for costs associated with investigations
and proceedings. Such other sanctions may be imposed in addition to
or in lieu of other sanctions.
(c) The Bank has established administrative procedures for cases of allegations
of fraud and corruption within the procurement process or the execution of a
contract financed by the Bank which are available at the Bank’s website
(www.iadb.org), as updated from time to time. To that effect any complaint
shall be submitted to the Bank’s Office of Institutional Integrity (OII) for the
appropriated investigation. Allegations may be presented confidentially or
(d) Payments are expressly conditional upon the claimant’s participation in
the procurement process conformed with all applicable Bank policies on
Fraud and Corruption described in this Clause 1.1.5.
(e) The imposition of any action to be taken by the Bank pursuant to the
provisions referred to paragraph (b) of this Clause may be public or private, in
accordance with the policies of the Bank.
1.2 TERMS AND CONDITIONS
22.214.171.124 The Consultant must have the experience outlined in the Terms of
Reference (TOR) attached at Section II.
126.96.36.199 The Consultant must be prepared to carry out the assignment
during the time period as specified in the TOR.
188.8.131.52 The costs of preparing the proposal and of negotiating the contract,
including a visit to the Client, are not reimbursable as a direct cost
of the assignment; and the Client is not bound to accept any of the
184.108.40.206 The Client will reject a proposal for award if it determines that the
Consultant recommended for award has engaged in corrupt or
fraudulent activities in competing for the contract in question;
220.127.116.11 Local firms must submit an up-to-date Tax Compliance
Certificate (TCC) with their technical proposal. Foreign Firms
will be required to submit a TCC within 10 days of notice of
award of contract.
18.104.22.168 Eligibility of Consultants and Origin of Goods and Services
The Consulting Services may be provided by Consultants with the
nationality of a Bank’s member country. Consultants from other
countries shall be disqualified from participating in contracts
intended to be financed in whole or in part from Bank loans. In the
case of goods to be supplied under the Contract for Consulting
Services, the goods shall have as their country of origin a member
country of the Bank. Section 6 of this document establishes the
Bank’s member countries, as well as the criteria to determine the
nationality of the Consultants and the country of origin of goods
and services. The Consultants with the nationality of a Bank’s
member country and the goods to be supplied under the Contract
for Consulting Services are not eligible if:
(i) as a matter of law or official regulation, the Borrower’s
country prohibits commercial relations with that country;
(ii) by an act of compliance with a decision of the United
Nations Security Council taken under Chapter VII of the
Charter of the United Nations, the Borrower’s Country
prohibits any imports of goods from that country or any
payments to persons or entities in that country the
Consultants are declared ineligible by the Bank in
accordance with subparagraph (b)(v) of paragraph 1.1.5 to
be awarded a Bank-financed contract during the period of
time determined by the Bank.
1.2.3 Acceptance of Contract
The successful firm must be prepared to formalise and sign the Contract
with the PSMD within 10 working days notification of award. A draft
contract is attached in Section V. Firms should indicate any issue they
have with any term of the contract as defined in attached draft. The
firm is expected to commence the assignment within 2 weeks of award of
1.2.4 Delivery of services
The successful Consultant shall submit a schedule of dates for the delivery
of the services.
1.2.5 Cost Estimates
The proposal shall provide cost estimates in Jamaican Dollars for local
firms and United States dollars for foreign firms for the services offered.
The single currency for price conversion is US$ using the Bank of Jamaica
selling rate at the closing date for submission of proposals.
Payment for services shall be made on submission of an invoice along
with any other reporting requirements or deliverables agreed. Payment
will be made in Jamaican dollars for local firms and United States dollars
for foreign firms. Initial payment of 10% will be made on submission and
acceptance of a work plan and subsequent payment will be made on
submission and acceptance of the deliverables as specified in the TOR.
1.2.7 Clarification and Amendments to RFP
Consultants may request clarifications of any of the RFP documents up to
five (5) days before the proposal submission date. The deadline for
clarification is May 15, 2009. Any request for clarification must be sent in
writing by facsimile or electronic mail to the Client’s address as follows:
The Chief Technical Director
Public Sector Modernisation Division
2a Devon Road
The Client will respond by facsimile or electronic mail to such requests
and will send written copies of the response (including an explanation of
the query but without identifying the source of inquiry) to all Consultants
who indicate their intention to submit proposals.
At any time before the submission of proposals, the Client may, for any
reason, whether at its own initiative or in response to a clarification
requested by an invited firm, amend the RFP. Any amendment shall be
issued in writing through addenda. Addenda shall be sent by facsimile or
electronic mail to all Consultants who indicate their intention to submit a
proposal and posted on the web site http://www.cabinet.gov.jm/procurement
and will be binding on them. The Client may at its discretion extend the
deadline for the submission of proposals.
1.3 PREPARATION OF THE PROPOSAL
22.214.171.124 The proposal shall include all the documents and information
requested in the format and time specified in this RFP. Failure to
do so will result in rejection of the proposal.
126.96.36.199 All written information supplied in the proposal must be in English
and expressed in clear and readily understandable form.
188.8.131.52 Consultants must complete and sign the proposal forms attached in
Section III (Form 3A) and Section IV (Form 4A), failure to do so
will result in the rejection of the proposal.
1.3.2 Technical Proposal
In preparing the Technical Proposal, Consultants are expected to
examine the documents constituting this RFP in detail. Material
deficiencies in providing the information requested may result in
rejection of a proposal
184.108.40.206 While preparing the Technical Proposal, Consultants must give
particular attention to the following
(i) If a firm considers that it does not have all the expertise for
the assignment, it may obtain a full range of expertise by
associating with other firms or entities in a joint venture or
sub-consultancy, as appropriate. Consultants may associate
with the other Consultants bidding for this assignment only
with approval of the Client. The Consultants are
encouraged to seek the participation of local Consultants by
entering into a joint venture with, or subcontracting part of
the assignment to, national Consultants.
(ii) For assignments on a staff-time basis. The proposal shall,
however, be based on the number of professional staff-
months estimated by the firm.
(iii) It is desirable that the majority of the key professional staff
proposed be permanent employees of the firm or has an
extended and stable working relationship with it.
(iv) Proposed professional staff must, at a minimum, have the
experience indicated in the TOR, preferably working under
conditions similar to those prevailing in the country of the
220.127.116.11 Alternative professional staff shall not be proposed, and only one
curriculum vitae (CV) may be submitted for each position.
18.104.22.168 Reports to be issued by the Consultants as part of this assignment
must be in English. It is desirable that the firm’s personnel have
a proficient knowledge of the Client’s national language,
22.214.171.124 The Technical Proposal shall provide the following information
using the attached Standard Forms (Section III), Failure to do so
may result in the rejection of the proposal:
(i) A brief description of the firm’s organization and an outline
of recent experience on assignments (Section 3B) of a
similar nature. For each assignment, the outline should
indicate, inter alia, the profiles of the staff used, duration of
the assignment, contract amount, and the firm’s
(ii) Any comments or suggestions on the Terms of Reference
to be provided by the Client (Form 3C).
(iii) A description of the methodology and work plan for
performing the assignment (Form 3D).
(iv) The list of the proposed staff team by specialty, the tasks
that would be assigned to each staff team member, and
their timing (Form 3E).
(v) CVs recently signed by the proposed professional staff and
the authorized representative submitting the proposal
(Section 3F). Key information should include number of
years working for the firm/entity and degree of
responsibility held in various assignments during the last
ten (10) years.
(vi) Estimates of the total staff input (professional and support
staff; staff time) needed to carry out the assignment,
supported by bar chart diagrams showing the time proposed
for each professional staff team member (Form 3E and 3G).
(vii) A detailed description of the proposed methodology,
staffing, and monitoring of training, if the TOR specifies
training as a major component of the assignment.
The Technical Proposal shall not include any financial information.
1.3.3 Financial Proposal
126.96.36.199 In preparing the Financial Proposal, Consultants are expected to
take into account the requirements and conditions outlined in the
RFP documents. The Financial Proposal should follow Standard
Forms (Section 4). It lists all costs associated with the assignment,
including (a) remuneration for staff (foreign and local, in the field
and at headquarters), and (b) reimbursable expenses such as
subsistence (per diem, housing), transportation (international and
local, for mobilization and demobilization), services and
equipment (vehicles, office equipment, furniture, and supplies),
office rent, insurance, printing of documents, surveys, and training,
if it is a major component of the assignment. If appropriate, these
costs should be broken down by activity and, if appropriate, into
foreign and local expenditures.
The Consultant may be subject to local taxes on amounts payable
by the Client under the Contract as may be levied under the
188.8.131.52 Consultants shall express the price of their services in United
States dollars for foreign firms and Jamaican dollars for local
184.108.40.206 Commissions and gratuities, if any, paid or to be paid by
Consultants and related to the assignment will be listed in the
Financial Proposal submission form (Section 4A).
220.127.116.11 The proposals must remain valid for ninety days (90) days after the
submission date. The validity period will end on August 22,
2009. During this period, the Consultant is expected to keep
available the professional staff proposed for the assignment. The
Client will make its best effort to complete negotiations within this
period. If the Client wishes to extend the validity period of the
proposals, the Consultants who do not agree have the right not to
extend the validity of their proposals.
1.4 SUBMISSION, RECEIPT AND OPENING OF THE PROPOSALS
1.4.1 The original proposal (Technical Proposal and, Financial Proposal)
shall be prepared in indelible ink. It shall contain no
interlineations or overwriting, except as necessary to correct errors
made by the firm itself. Any such corrections must be initialed by
the persons or person who sign(s) the proposals.
1.4.2 An authorized representative of the firm must initial all pages of
1.4.3 For each proposal, the Consultants shall prepare five (5) copies one
(1) original and four (4) copies. Each Technical Proposal and
Financial Proposal shall be marked “ORIGINAL” or “COPY” as
appropriate. If there are any discrepancies between the original
and the copies of the proposal, the original governs.
1.4.4 The original and all copies of the Technical Proposal shall be
placed in a sealed envelope clearly marked “Technical Proposal,”
and the original and all copies of the Financial Proposal in a sealed
envelope clearly marked “FINANCIAL PROPOSAL” and warning:
“DO NOT OPEN WITH THE TECHNICAL PROPOSAL.” Both
envelopes shall be placed into an outer envelope and sealed. This
outer envelope should bear the name and address of the firm and
shall be addressed as follows:
REQUEST FOR PROPOSAL RFP#2009/P004
IMPLEMENTATION OF THE DISSEMINATION
STRATEGY FOR THE MEDIUM TERM ACTION PLAN
(MTAP)-PHASE 1 (RESEARCH AND REFINEMENT)
The Procurement Officer
Public Sector Modernisation Division
2a Devon Road, Kingston 6
1.4.5 The completed Technical and Financial Proposals must be
deposited in the tender box located at the Cabinet
Office/Public Sector Modernisation Division located at 2a
Devon Road, Room#219, Kingston 6 on or before 10:00 a.m. on
Friday, May 22, 2009. Any proposal received after the closing
time for submission of proposals shall be returned unopened.
1.4.6 After the deadline for submission of proposals, the Technical
Proposal shall be opened publicly on Friday, May 22, 2009 at
Cabinet Office/Public Sector Modernisation Division located at
2a Devon Road, Room#212, Kingston 6 at 10:15 a.m.
Consultants are invited to attend. The Financial Proposal shall
remain sealed until technical proposal are evaluated and all
qualified proposals are opened publicly.
1.5 EVALUATION OF THE PROPOSAL
1.5. 1 From the time the Proposals are opened to the time the Contract is
awarded, the Consultants should not contact the Client on any matter
related to its Technical and/or Price Proposal. Any effort by Consultants to
influence the Client in the examination, evaluation, ranking of Proposals,
and recommendation for award of Contract may result in the rejection of
the Consultants’ Proposal.
Evaluators of Technical Proposals shall have no access to the Price
Proposals until the technical evaluation is concluded and the Bank issues
its “no objection”.
1.5.2 Technical Proposal
18.104.22.168 The evaluation committee, appointed by the Client, evaluates the
proposals on the basis of their responsiveness to the Terms of
Reference, applying the evaluation criteria, sub criteria (typically
not more than three per criteria), as follows:
1. Adequacy of qualification and competence of the 15
2. Specific Experience of the key personnel related to the 30
3. Adequacy of the proposed work plan and methodology 45
in responding to the TOR
The evaluation criteria are further defined in Section II
Minimum Technical score required: 75
A proposal shall be rejected at this stage if it does not respond to important
aspects of the Terms of Reference or if it fails to achieve a minimum
technical score of 75.
1.5.3 Financial Proposal
22.214.171.124 After the evaluation of technical proposal is completed, the
Client shall notify those Consultants whose proposals did not
meet the minimum qualifying mark or were considered non-
responsive to the RFP and Terms of Reference, indicating
that their Financial Proposals will be returned unopened after
completing the selection process. The Client shall
simultaneously notify the Consultants that have secured the
minimum qualifying mark, indicating the date and time set
for opening the Financial Proposals. The notification will be
sent by facsimile, or electronic mail.
126.96.36.199 The Financial Proposals shall be opened publicly in the
presence of the Consultants’ representatives who choose to
attend. The name of the Consultant, the quality scores, and
the proposed prices shall be read aloud and recorded when
the Financial Proposals are opened. The Client shall prepare
minutes of the public opening
188.8.131.52 The evaluation committee will determine whether the
Financial Proposals are complete (i.e., whether they have
costed all items of the corresponding Technical Proposals; if
not, the Client will cost them and add their cost to the initial
price), correct any computational errors and convert prices to
the single currency United States dollar using the selling rates
published by the Bank of Jamaica on the closing date for
submission of proposals.
184.108.40.206 The following methodology will be used to determine the
proposal with the highest score:
TQ Total marks (out of 100) for technical (quality)
q Quality weighting = 80
c Cost weighting = 20
LT Lowest Proposal Price
XT Price for proposal under consideration
Quality Score (Q) TQ x q
Cost Score (C) LT x c
Total Score TS = TS = Q + C
220.127.116.11 The firm achieving the highest combined technical and financial
score will be invited for negotiations.
1.6 NEGOTIATION AND CONTRACT AWARD
1.6.1 Negotiations will be held at the office of the PSMD at 1 Devon Road,
Kingston 6, Jamaica. The aim is to reach agreement on all points and sign
1.6.2 Negotiations will include a discussion of the Technical Proposal, the
proposed methodology (work plan), staffing and any suggestions made by
the firm to improve the Terms of Reference. The Client and firm will then
work out final Terms of Reference, staffing, and bar charts indicating
activities, staff, periods in the field and in the home office, staff-months,
logistics, and reporting. The agreed work plan and final Terms of
Reference will then be incorporated in the “Description of Services” and
form part of the contract.
1.6.3 The financial negotiations will include a clarification (if any) of the firm’s
tax liability in the Client’s country, and the manner in which it will be
reflected in the contract; and will reflect the agreed technical modifications
in the cost of the services.
1.6.4 Having selected the firm on the basis of, among other things, an evaluation
of proposed key professional staff, the Client expects to negotiate a
contract on the basis of the experts named in the proposal. Before contract
negotiations, the Client will require assurances that the experts will be
actually available. The Client will not consider substitutions during
contract negotiations unless both parties agree that undue delay in the
selection process makes such substitution unavoidable or that such changes
are critical to meet the objectives of the assignment. If this is not the case
and if it is established that key staff were offered in the proposal without
confirming their availability, the firm may be disqualified.
1.6.5 The negotiations will conclude with a review of the draft form of the
contract. To complete negotiations the Client and the firm will initial the
agreed contract. If negotiations fail, the Client will invite the firm whose
proposal received the second highest score to negotiate a Contract.
1.6.6 After completing negotiations the Client shall award the Contract to the
selected Consultant, publish in UNDB on line, in the Bank’s Internet
website and, when appropriate, in the Client country’s sole official Internet
website, and promptly notify all Consultants who have submitted
proposals. After Contract signature, the Client shall return the unopened
Price Proposals to the unsuccessful Consultants.
1.6.7 The firm is expected to commence the assignment within 10 working days
of award of contract.
Section II Terms of Reference and Evaluation Criteria 20
TERMS OF REFERENCE and EVALUATION CRITERIA
Implement the Dissemination Strategy for the
Medium Term Action Plan (MTAP)-Phase 1 (Research and Refinement)
a. Modernization of the public service has been pursued for several years to improve its
efficiency, effectiveness, transparency and responsiveness. The modernization
programme is guided by the principles and objectives in the “Government at Your
Service (Ministry Paper No. 56/2002) developed in 2002. Ministry Paper 56/ 2002
sets out the ten-year modernization programme from 2002-2012. The oversight and
management for the MVSP is championed by a Public Sector Reform Unit (PSRU).
The PSRU was established as a successor to the Public Sector Modernization
programme 1 (PSMP I), that ended in 2002.
b. The Public Sector Reform Unit was established following a strategic review of the
Cabinet Office. The Review underscored the need to ‘institutionalize reform as an
ongoing process, rather than a time-limited project’. It recommended, among other
things, the setting up of a permanent Reform Unit in order to drive the modernization
programme. Consequently, in 2002, the Public Sector Reform Unit (PSRU), later
renamed the Public Sector Modernization Division, was established to provide
leadership, co-ordination, and cohesion to the implementation and monitoring of the
modernization initiatives. Its mission is ‘to improve the quality, coherence and
responsiveness of public services and promoting a strong and professionally well
managed Public Sector, capable of enabling and facilitating the achievement of the
c. The five-year Action Plan for the Public Sector Modernization Vision and Strategy
2002-2012, Ministry Paper 56/02, has been reviewed and reformulated to form the
Medium Term Action Plan (MTAP). The MTAP comprises strategies for improving
results based management and now forms the basis for implementation of the
Modernization Programme over the next five years. The programme has been
redesigned with the following components:
A. Focusing on Service Delivery
B. Improving Governance and Accountability
C. Managing for Results
D. Improving Change Management and Communication
d. One of the key elements emerging from the review of the Ministry Paper No. 56/02
has been the paucity of information on the Modernization Programme reaching the
public. It is noted in the review that ‘while some good publicity of the programme has
been undertaken, there has been a noticeable lack of a strategic communications
programme, across government and with citizens’.
e. A preliminary communication plan was designed and addresses in a general manner,
the strategies to be employed to disseminate the Medium Term Action Plan. It was
noted however, that, the research component of the plan needed to be further
developed in order to better inform the effective development of the strategy to make
it more relevant and targeted.
II. CONSULTANCY OBJECTIVES
The main objectives of the consultancy are to: (a) design and conduct market research to
determine the communication needs of the modernization programme; and (b) finalize the
actions for responding to the needs identified. This involves refining the draft MTAP
Dissemination Strategy to include all relevant components of a comprehensive social
marketing communication plan. The strategy will put emphasis on improving communications
with identified target publics. The plan should focus on specific strategies for reaching
internal and external audiences with special emphasis on first creating buy-in among internal
(within government) audience members. The strategy must reflect close alignment with the
four key strategic areas identified under the MTAP.
III. CHARACTERISTICS OF THE CONSULTANCY
Type of Consultancy: Firm
Duration: A total of 60 work days altogether in Jamaica
Place of Work: Kingston, Jamaica.
Qualifications: At least 5 years experience in the design of strategic communications and/
or social marketing campaigns. Previous work with public sector institutions within the
Caribbean would be an asset.
At least three years experience in related research work and data analysis
IV. SCOPE OF WORK
f. The consultant will, inter alia:
i. Assess the existing Draft MTAP Dissemination Strategy and determine gaps to
ii. Design appropriate research instruments and conduct relevant research to
determine, inter alia:
Section II Terms of Reference and Evaluation Criteria 22
1. A comprehensive description of the target audiences for the MTAP and
identify, for each identified sect; information on the knowledge, attitudes and
behaviours of each audience category towards the modernization programme.
2. The media usage patterns of the identified audience segments and how those
habits can be incorporated in the design of the strategy.
3. Appropriate strategies to be employed to best reach the specific audience
groups and put forward justifications for each selection.
4. Through a media audit, examine the prevailing messages being publicized
around the activities of the modernization programme and how the
modernization programme can be re-positioned for greater efficacy.
iii. Based on international best practices and stakeholder reviews, the consultant will
revise the existing MTAP Dissemination Strategy and Plan and, in a format agreed,
1. Messages to be conveyed, materials to be developed and the appropriate
channels to be utilized to reach the targeted audiences. These messages are to be
pre-tested and the plan revised accordingly.
2. Specific, clear, measurable goals and objectives aimed at fostering a
heightened level of awareness of the MTAP internally (within government) and
externally (all other audiences). Each goal identified should be supported by
objectives which describe the intermediate steps to be taken to reach the attendant
3. Strategic partnerships that could advance the objectives of the modernization
programme as outlined in the MTAP.
4. An internal readiness plan for the PSMD’s dissemination of the MTAP; the
plan should identify the PSMD’s existing resources (to aid in dissemination) and
identify resources that are to be acquired.
5. A costed and prioritized action plan to support implementation of the
6. A monitoring and evaluation component to periodically track progress.
7. The factors which may negatively affect the success of the communication
campaign (through a situation analysis) and present solutions to minimize risks.
The analysis should include an examination of the social, economic and political
factors that may affect the success of the campaign
Section II Terms of Reference and Evaluation Criteria 23
g. The consultant will prepare, following relevant consultation:
A revised work plan in Microsoft Projects and the agreed research
methodologies to be utilized within the first ten days of the assignment;
A compilation of the research findings in an agreed format, and the
recommended modifications to be made to the communication strategy
within forty-five days of the assignment
A revised draft of the dissemination strategy and costed action plan
within fifty five days of acceptance and sign off of the recommendations
and compiled findings;
A final dissemination strategy and costed action plan within sixty days of
All deliverables must be submitted in electronic and printed formats. For submission of
the final report, the consultants shall provide three (3) bound copies and a CD-R with an
electronic version of the deliverable.
h. The Consultant will report to the Principal Director of the Policy and
Development Unit and be coordinated by the Public Sector Modernization’s
Section III. Technical Proposal Submission Forms 24
Evaluation Criteria For Scoring TECHNICAL PROPOSALS
IMPLEMENTATION OF THE DISSEMINATION STRATEGY FOR THE MEDIUM
TERM ACTION PLAN (MTAP) - PHASE 1 (RESEARCH AND REFINEMENT)
# Criteria Points
1.0 Adequacy of qualification and competence of the consultant 15
1.1 Graduate degree in Mass Communications; Social Marketing, Sociology or related 15
• MSc. (15)
• BSc. only (5)
2.0 Specific Experience of the key personnel related to the assignment 30
• Involvement in related research work and data analysis (15)
• Experience in the development of strategic communication and social
marketing projects in the last 3 years (15 )
2.1 Experience working with change processes in other Government’s within the 10
• At least five years experience (10)
• Between three and four years experience (5)
• Less than two years experience (3)
3.0 Adequacy of the proposed work plan and methodology in responding to the TOR 45
3.1 Technical soundness of the Methodology and the Proposal 25
3.2 Applied knowledge of existing mechanisms within the public sector for communication 10
3.3 Evidence of good project planning and management (detail of activities, identification 10
of resources, adequacy of timeframes
Total points 100
Section III. Technical Proposal Submission Forms 25
SECTION III TECHNICAL PROPOSAL STANDARD FORMS
3A. Technical Proposal submission form.
3B. Firm’s references.
3C. Comments and suggestions of Consultants on the Terms of Reference and on data,
services, and facilities to be provided by the Client.
3D. Description of the methodology and work plan for performing the assignment.
3E. Team composition and task assignments.
3F. Format of curriculum vitae (CV) for proposed professional staff.
3G. Time schedule for professional personnel.
Section III. Technical Proposal Submission Forms 26
3A. TECHNICAL PROPOSAL SUBMISSION FORM
To: [Name and address of Client]
We, the undersigned, offer to provide the consulting services for [Title of consulting
services] in accordance with your Request for Proposal dated [Date] and our Proposal. We
are hereby submitting our Proposal, which includes this Technical Proposal, and a Financial
Proposal sealed under a separate envelope.
If negotiations are held during the period of validity of the Proposal, i.e., before [Date]
we undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us
and subject to the modifications resulting from Contract negotiations.
We understand you are not bound to accept any Proposal you receive.
Name and Title of Signatory:
Name of Firm:
Note: The content of this form should not be adjusted
Section III. Technical Proposal Submission Forms 27
3B. FIRM’S REFERENCES
Relevant Services Carried Out in the Last Three Years
That Best Illustrate Qualifications
Using the format below, provide information on each assignment for which your firm/entity,
either individually as a corporate entity or as one of the major companies within an
association, was legally contracted to provide consulting services similar to those requested
here in the last three years. List a maximum of such assignments.
Assignment Name: Country:
Location within Country: Professional Staff Provided by Your
Name of Client: No of Staff:
Address: No of Staff-Months; Duration of
Start Date (Month/Year): Completion Date (Month/Year): Approx. Value of Services (in Current
Name of Associated Consultants, If Any: No of Months of Professional Staff
Provided by Associated Consultants:
Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed:
Narrative Description of Project:
Description of Actual Services Provided by Your Staff:
Section III. Technical Proposal Submission Forms 28
3C. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF
On the Terms of Reference:
[Note and substantiate any observation or suggestion you have concerning the Terms of
Reference (provided that it would not alter the requirements to be met by the client) that
would improve contract performance (such as eliminating an activity that you feel is
unnecessary, adding one, or proposing that activities include or be divided up into different
stages). These suggestions should be concise and specific and should be incorporated into
Section III. Technical Proposal Submission Forms 29
3D. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING
The technical approach, methodology, and work plan are key components of the technical
proposal. It is recommended that the technical proposal be divided into the following three
a) Technical approach and methodology;
b) Work plan; and
c) Organization of personnel and staffing table.
a) Technical approach and methodology. In this section the consultant should explain the
firm’s understanding of the assignment’s objectives, the service delivery approach, the
methodology to be used to conduct activities and produce the expected output, and the
degree of detail that it envisions for that output. The consultant should explain the
methodology that the firm will use and how that methodology fits in with the proposed
b) Work plan. This section should include a description of the main proposed activities,
their content and duration, the stages involved and how they relate to one another, and
reporting deadlines. The proposed work plan should include a description of the
technical approach and methodology and should demonstrate the firm’s understanding of
the Terms of Reference and its ability to translate them into a feasible work plan. It
should also include a list of the reports that are to be submitted as final outputs.1 The
work plan should be consistent with the program of work outlined in Form 3G.
c) Organization of personnel and staffing table. This section should contain a proposal
regarding the structure and composition of the team that will carry out this assignment
(including an organizational flowchart). It should identify the main disciplines involved
in the assignment, the key specialist bearing responsibility for the work, and the
technical and support personnel to be employed.
An electronic PDF file containing a copy of the final outputs should be submitted to the contracting agency . All final outputs should be
included in a single PDF file.
3E. TEAM COMPOSITION AND TASK ASSIGNMENTS
1. Technical/Managerial Staff
Name Position Task
2. Support Staff
Name Position Task
Section III. Technical Proposal - Standard Forms 31
3F. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL
Name of Firm:
Name of Staff:
Date of Birth:
Years with Firm/Entity: Nationality:
Membership in Professional Societies:
Detailed Tasks Assigned: [Describe the main task to be assigned in this assignment]
[Give an outline of staff member’s experience and training most pertinent to tasks on this assignment. Describe
degree of responsibility held by staff member on relevant previous assignments and give dates and locations.
Indicate specifically the assignments that most clearly illustrate the individual’s specific experience with similar
[Summarize college/university and other specialized education of staff member, giving names of schools, dates
attended, and degrees obtained.
Institution & Degree(s) or Diploma(s) obtained
[ Date from-date to ]
Section III. Technical Proposal - Standard Forms 32
[Starting with present position, list in reverse order every employment held. List all positions held by staff
member since graduation, giving dates, names of employing organizations, titles of positions held, and locations
of assignments. For experience in last ten years, also give types of activities performed and Client references,
[For each language indicate proficiency on a scale of 1 to 5 (1 - excellent; 5 -basic)]]
Language Reading Speaking Writing
I, the undersigned, certify that to the best of my knowledge and belief, these data correctly
describe me, my qualifications, and my experience.
[Signature of staff member and authorized representative of the firm] Day/Month/Year
Full name of authorized representative: ___________________________
3G. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
Months (in the Form of a Bar Chart)
Name Position Reports Due/Activities 1 2 3 4 5 6 7 8 9 10 11 12 Number of Months
Section IV Financial Proposal Submission Form 34
SECTION 4. FINANCIAL PROPOSAL - STANDARD FORMS
4A. Financial Proposal submission form.
4B. Summary of costs.
Section IV Financial Proposal Submission Form 35
4A. FINANCIAL PROPOSAL SUBMISSION FORM
To: [Name and address of Client]
We, the undersigned, offer to provide the consulting services for [Title of consulting services]
in accordance with your Request for Proposal dated [Date] and our Proposal (Technical and
Financial Proposals). Our attached Financial Proposal is for the sum of [Amount in words and
figures]. This amount is exclusive of the local taxes.
Our Financial Proposal shall be binding upon us subject to the modifications resulting from
Contract negotiations, up to expiration of the validity period of the Proposal, i.e., [Date].
Name and Title of Signatory:
Name of Firm:
Section IV Financial Proposal Submission Form 36
4B SUMMARY OF COSTS
A. Consultancy fees
Item Position Unit Quant Rate Total
ity (Currency) (Currency)
International consultants Day
Local consultants Day
Total consultancy fees
B. Reimbursable expense (List all reimbursable expense that will applicable to undertake
Item Unit Quantity Rate Total
C. Summary of Cost
Item Cost (currency)
Total Project Cost
Section V Standard Form of Contract 37
SECTION V STANDARD FORM OF CONTRACT
Government of Jamaica
Standard Contract for the Procurement of Consulting
[NAME AND ADDRESS OF PROCURING ENTITY]
Section V Standard Form of Contract 38
I. FORM OF CONTRACT
This CONTRACT (hereinafter called the “Contract”) is made the ______ day of the month of ________,
20_____, between, on the one hand, The Government of Jamaica/[procuring entity] (hereinafter called
the “Client”) and, on the other hand, _____________(hereinafter called the “Consultants”)..........
[*Note: If the Consultants consist of more than one entity, the above should be partially amended
to read as follows:
........(hereinafter called the “Client”) and, on the other hand, a joint venture consisting of the following
entities, each of which will be jointly and severally liable to the Client for all the Consultants’ obligations
under this Contract, namely, __________ and ________________ (hereinafter called the
(a) the Client has requested the Consultants to provide certain consulting services as defined in the
General Conditions of Contract attached to this Contract (hereinafter called the “Services”);
(b) the Consultants, having represented to the Client that they have the required professional skills,
personnel and technical resources, have agreed to provide the Services on the terms and
conditions set forth in this Contract;
(c) The Client has committed funding for the cost of the Services and intends to apply these
proceeds to eligible payments under this Contract, it being understood (i) that such payments
will be subject in all respects to acceptable levels of performance by the Consultant, as dictated
by the Terms of Reference; (ii) that such payments shall be subject in all respects to the terms
and conditions of the agreement for payment as included herein; (iii) that no party other than the
Client shall derive any rights from the agreement providing for payment to the Consultants.
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this
(a) The General Conditions of Contract;
(b) The Special Conditions of Contract;
(c) The following Appendices:
Appendix A: Description of the Services ______
Appendix B: Reporting Requirements ______
Appendix C: Key Personnel and Subconsultants ______
Appendix D: Hours of work for Key Personnel ______
Appendix E: Duties of the Client ______
Appendix F: Cost Estimates in Foreign Currency ______
Appendix G: Cost estimates in Local Currency ______
Appendix H: Form of Guarantee for Advance Payments ______
Section V Standard Form of Contract 39
[*Note: The procuring entity shall prepare each Appendix for attachment hereto, pursuant to the
particular procurement. Additionally, the procuring entity shall include any Appendix applicable to the
particular procurement that has not been included in the above listing]
2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in the
Contract, in particular:
(a) The Consultants shall carry out the Services in accordance with the provisions of the Contract;
(b) The Client shall make payments to the Consultants in accordance with the provisions of the
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective
names as of the day and year first above written.
FOR AND ON BEHALF OF FOR AND ON BEHALF OF
Government of Jamaica / [procuring entity] CONSULTANTS
Accounting Officer/Head of Procuring Entity Authorized Representative
Section V Standard Form of Contract 40
GENERAL CONDITIONS OF CONTRACT
1. GENERAL PROVISIONS
Unless the context otherwise requires, the following terms whenever used in this Contract have the
(a) “Applicable Law” means the laws and any other instruments having the force of law in Jamaica,
as they may be issued and in force from time to time;
(b) “Contract” means the Contract signed by the Parties, to which these General Conditions of
Contract (GC) are attached, together with all the documents listed in Clause 1 of such signed
(c) “Contract Price” means the price to be paid for the performance of the Services, in accordance
with Clause 6;
(d) “Effective Date” means the date on which this Contract comes into force and effect pursuant to
(e) “Foreign currency” means any other currency other than the Jamaican Dollar that is specified in
the Special Conditions (SC);
(f) “GC” means these General Conditions of Contract;
(g) “Government” means the Government of Jamaica;
(h) “Local currency” means Jamaican currency;
(i) “Member”, in case the Consultants consist of a joint venture of more than one entity, means any
of these entities, and “Members” means all these entities and “Member in Charge” means the
entity specified in the SC to act on their behalf in exercising all the Consultants’ rights and
obligations towards the Client under this Contract;
(j) “Party” means the Client or the Consultants, as the case maybe, and “Parties” means both of
(k) “Personnel” means persons hired by the Consultants or by any Subconsultant as employees and
assigned to the performance of the Services or any part thereof; and “Key Personnel” means the
personnel referred to in Clause GC 4.2(a);
(l) “SC” means the Special Conditions of Contract by which the GC may be amended or
(m) “Services” means the work to be performed by the Consultants pursuant to this Contract, as
described in Appendix ___ hereto;
(n) “Subconsultant” means any person or entity to whom/which the Consultants subcontract any
part of the Services in accordance with the provisions of Clauses 3.5 and 4; and
Section V Standard Form of Contract 41
(o) “Third Party” means any person or entity other than the Government, the Client, the Consultants
or a subconsultant.
1.2 Law Governing the Contract
This Contract, its meaning and interpretation, and the relation between the Parties shall be governed
by the Applicable Law.
This Contract has been executed in the English language as specified in the SC, which shall be the
binding and controlling language for all matters relating to the meaning or interpretation of this
The headings shall not limit, alter or affect the meaning of this Contract.
1.5.1 Any notice, request, or consent required or permitted to be given or made pursuant to this
Contract shall be in writing. Any such notice, request or consent shall be deemed to have been
made when delivered in person to an authorized representative of the Party to whom the
communication is addressed, or when sent by registered mail, telex, telegram, or facsimile to
such Party at the address specified in the SC.
1.5.2 Notice will be deemed to be effective as specified in the SC.
1.5.3 A party may change its address for notice hereunder by giving the other party notice of such
The Services shall be performed at such locations as are specified in Appendix ___ hereto and,
where the location of a particular task is not so specified, at such locations, whether in Jamaica or
elsewhere, as the Client may approve.
1.7 Authority of Member in Charge
In case the Consultants consist of a joint venture of more than one entity, the Members hereby
authorize the entity specified in the SC to act on their behalf in exercising all the Consultants’ rights
and obligations towards the Client under this Contract, including without limitations the receiving of
instructions and payments from the Client.
1.8 Authorized Representatives
Any action required or permitted to be taken, and any document required or permitted to be
executed, under this Contract by the Client or the Consultants may be taken or executed by the
officials specified in the SC.
Section V Standard Form of Contract 42
1.9 Taxes and Duties
Unless otherwise specified in the SC, the Consultants, Subconsultants, and Personnel shall pay such
taxes, duties, fees, and other impositions as may be levied under the Applicable Law.
2. COMMENCEMENT, COMPLETION, MODIFICATION, AND TERMINATION OF
2.1 Contract Effectiveness
This Contract shall come into force and effect on the date (the “Effective Date”) of the Client’s
notice to the Consultants instructing the Consultants to begin carrying out the Services. This notice
shall confirm that the effectiveness conditions, if any, listed in the SC have been met.
2.2 Commencement of Services
The Consultants shall begin carrying out the Services as shall be specified in the SC.
2.3 Expiration of Contract
Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall terminate at the end
of ____________ weeks or such other period as the parties may agree in writing.
2.4 Entire Agreement
This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or
representative of either Party has authority to make, and the Parties shall not be bound by or be liable
for, any statement, representation, promise or agreement not set forth herein.
Modification of the terms and conditions of this Contract, including any modification of the scope of
the Services, may only be made by written agreement between the Parties, and shall not be
sufficiently substantive as to affect the contract price.
2.6 Force Majeure
For the purposes of this Contract, “Force Majeure” means an event which is beyond the
reasonable control of a Party, and which makes a Party’s performance of its obligations hereunder
impossible or so impractical as reasonably to be considered impossible in the circumstances, and
includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood
or other adverse weather conditions, strikes, lockouts or other industrial action (except where
such strikes, lockouts or other industrial action are within the power of the Party invoking Force
Majeure to prevent), confiscation or any other action by government agencies.
Force Majeure shall not include (i) any event which is caused by the negligence or intentional
action of a Party or such Party’s Subconsultants or agents or employees, nor (ii) any event which
a diligent Party could reasonably have been expected to both (A) take into account at the time of
the conclusion of this Contract and (B) avoid or overcome in the carrying out of its obligations
Section V Standard Form of Contract 43
Force Majeure shall not include insufficiency of funds or failure to make any payment required
2.6.2 No Breach of Contract
The failure of a Party to fulfill any of its obligations hereunder shall not be considered to
be a breach of, or default under, this Contract insofar as such inability arises from an event of
Force Majeure, provided that the Party affected by such an event has taken all reasonable
precautions, due care and reasonable alternative measures, all with the objective of carrying out
the terms and conditions of this Contract.
2.6.3 Measures to be Taken
(a) A Party affected by an event of Force Majeure shall take all reasonable measures to remove
such Party’s inability to fulfill its obligations hereunder with a minimum of delay.
(b) A Party affected by an event of Force Majeure shall notify the other Party of such event as
soon as possible, an in any event not later than fourteen (14) days following the occurrence
of such event, providing evidence of the nature and cause of such event, and shall similarly
give notice of the restoration of normal conditions as soon as possible.
(c) The Parties shall take all reasonable measures to minimize the consequences of any event
of Force Majeure.
2.6.4 Extension of Time
Any period within which a Party shall, pursuant to this Contract, complete any action or task,
shall be extended for a period equal to the time during which such Party was unable to perform
such action as a result of Force Majeure.
During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Consultants shall be entitled to continue to be paid under the terms of this Contract
as well as to be reimbursed for additional costs reasonably and necessarily incurred by them
during such period for the purposes of the Services and in reactivating the Services after the end
of such period.
Not later than thirty (30) days after the Consultants, as the result of an event of Force Majeure,
have become unable to perform a material portion of the Services, the Parties shall consult with
each other with a view to agreeing on appropriate measures to be taken in the circumstances.
The Client may, by written notice of suspension to the Consultants, suspend all payments to the
Consultants hereunder if the Consultants fail to perform any of their obligations under this Contract,
including the carrying out of the Services, provided that such notice of suspension (i) shall specify
Section V Standard Form of Contract 44
the nature of the failure, and (ii) shall request the Consultants to remedy such failure within a period
not exceeding thirty (30) days after receipt by the Consultants of such notice of suspension.
2.8.1 By the Client
The Client may, by not less than thirty (30) days’ written notice of termination to the Consultants
(except in the event listed in paragraph (f) below, for which there shall be a written notice of not
less than sixty (60) days), such notice to be given after the occurrence of any of the events
specified in paragraphs (a) through (f) of this Clause GC 2.9.1, terminate this Contract:
(a) if the Consultants fail to remedy a failure in the performance of their obligations
hereunder, within thirty (30) days of receipt of such notice or within such further
period as the Client may have subsequently approved in writing;
(b) if the Consultants become (or, if the Consultants consist of more than one entity, if
any of their Members becomes) insolvent or bankrupt or enter into any agreements
with their creditors for relief of debt or take advantage of any law for the benefit of
debtors or go into liquidation or receivership whether compulsory or voluntary;
(c) if the Consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause GC 8 hereof;
(d) if the Consultants submit to the Client a statement which has a material effect on the
rights, obligations or interests of the Client and which the Consultants know to be
(e) if, as the result of Force Majeure, the Consultants are unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
(f) if the Client, in its sole discretion and for any reason whatsoever, decides to terminate
2.8.2 By the Consultants
The Consultants may, by not less than thirty (30) days’ written notice to the Client, such notice
to be given after the occurrence of any of the events specified in paragraphs (a) through (d) of
this Clause GC 2.9.2, terminate this Contract:
(a) if the Client fails to pay any money due to the Consultants pursuant to this Contract
and not subject to dispute pursuant to Clause GC 8 within forty-five (45) days after
receiving written notice from the Consultants that such payment is overdue;
(b) if the Client is in material breach of its obligations pursuant to this Contract and has
not remedied the same within forty-five (45) days (or such longer period as the
Consultants may have subsequently approved in writing) following the receipt by the
Client of the Consultants’ notice specifying such breach;
(c) if, as the result of Force Majeure, the Consultants are unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
Section V Standard Form of Contract 45
(d) if the Client fails to comply with any final decision reached as a result of arbitration
pursuant to Clause GC 8 hereof.
2.8.3 Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clauses GC 2.4 hereof, GC 2.2 or GC 2.9 hereof,
or upon expiration of this Contract pursuant to Clause, all rights and obligations of the Parties
hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of
termination or expiration, (ii) the obligation of confidentiality set forth in Clause GC 3.3. hereof,
(iii), and (iv) any right which a Party may have under the Applicable Law.
2.8.4 Cessation of Services
Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GC
2.9.1 or GC 2.9.2 hereof, the Consultants shall, immediately upon dispatch or receipt or such
notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner
and shall make every reasonable effort to keep expenditures for this purpose to a minimum.
With respect to documents prepared by the Consultants and equipment and materials furnished
by the Client, the Consultants shall proceed as provided, respectively, by Clauses GC 3.9 or GC
2.8.5 Disputes about Events of Termination
If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause GC
2.9.1. or in Clause GC 2.9.2 hereof has occurred, such Party may, within forty-five (45) days after
receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to
Clause GC 8 hereof, and this Contract shall not be terminated on account of such event except in
accordance with the terms of any resulting arbitral award.
3. OBLIGATIONS OF THE CONSULTANTS
3.1.1 Standard of Performance
The Consultants shall perform the Services and carry out their obligations hereunder with all
due diligence, efficiency, and economy, in accordance with generally accepted professional
techniques and practices, and shall observe sound management practices, and employ
appropriate advanced technology and safe and effective equipment, machinery, materials and
methods. The Consultants shall always act, in respect of any matter relating to this Contract or
to the Services, as faithful advisors to the Client, and shall at all times support and safeguard the
Client’s legitimate interests in any dealings with Subconsultants or Third parties.
3.1.2 Law Governing Services
The Consultants shall perform the Services in accordance with the Applicable Law and shall take
all practicable steps to ensure that any Subconsultants, as well as the Personnel of the Consultants
and any Subconsultants, comply with the Applicable Law. The Client shall notify the
Consultants in writing of relevant local customs, and the Consultants shall, after such notification,
respect such customs.
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3.2 Conflict of Interests
3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.
The remuneration of the Consultants pursuant to Clause GC 6 hereof shall constitute the
Consultants’ sole remuneration in connection with this Contract or the Services and, subject to
Clause GC 3.2.2 hereof, the Consultants shall not accept for their own benefit any trade
commission, discount or similar payment in connection with activities pursuant to this Contract or
to the Services or in the discharge of their obligations hereunder, and the Consultants shall use
their best efforts to ensure that any Subconsultants, as well as the Personnel and agents of either
of them, similarly shall not receive any such additional remuneration.
3.2.2. Consultants and Affiliates not to be Otherwise Interested in Project
The Consultants agree that, during the term of this Contract and after its termination, the
Consultants and any entity affiliated with the Consultants, as well as any Subconsultant and any
entity affiliated with such Subconsultant, shall be disqualified from providing goods, works, or
services (other than the Services and any continuation thereof) for any project resulting from or
closely related to the Services.
3.2.3 Prohibition of Conflicting Activities
The Consultants shall not engage, and shall cause their Personnel as well as their Subconsultants
and their Personnel not to engage, either directly or indirectly, in any of the following activities:
(a) during the term of this Contract, any business or professional activities which would
conflict with the activities assigned to them under this Contract; and
(b) after the termination of this Contract, such other activities as may be specified in the
The Consultants, their Subconsultants and the Personnel of either of them shall not, either during
the term or within two (2) years after the expiration of this Contract, disclose any proprietary or
confidential information relating to the Services, this Contract or the Client’s business or
operations without the prior written consent of the Client.
3.4 Liability of the Consultants
Subject to additional provisions, if any, set forth in the SC, the Consultants’ liability under this
Contract shall be as provided by the Applicable Law.
3.5 Insurance to be taken out by the Consultants
The Consultants (i) shall take out and maintain, and shall cause any Subconsultants to take out
and maintain, at their (or the Subconsultants’, as the case may be) own cost but on terms and
conditions approved by the Client, insurance against the risks, and for the coverages, as shall be
specified in the SC; and (ii) at the Client’s request, shall provide evidence to the Client showing
Section V Standard Form of Contract 47
that such insurance has been taken out and maintained and that the current premiums therefore
have been paid.
3.6 Consultants’ Actions Requiring Client’s prior Approval
The Consultants shall obtain the Client’s prior approval in writing before taking any of the
(a) appointing such members of the Personnel not listed by name in Appendix;
(b) entering into a subcontract for the performance of any part of the Services, it being
understood (i) that the selection of the Subconsultant and the terms and conditions of
the subcontract shall have been approved in writing by the Client prior to the
execution of the subcontract, and (ii) that the Consultants shall remain fully liable for
the performance of the Services by the Subconsultant and its Personnel pursuant to
(c) any other action that may be specified in the SC.
3.7 Reporting Obligations
The Consultants shall submit to the Client the reports and documents specified in Appendix ___
hereto, in the form, in the numbers and within the periods set forth in the said Appendix.
3.8 Documents prepared by the Consultants to be the Property of the Client
All plans, drawings, specifications, designs, reports, and other documents and software prepared by
the Consultants for the Client under this Contract shall become and remain the property of the
Client, and the Consultants shall, not later than upon termination or expiration of this Contract,
deliver all such documents to the Client. The Consultants may retain a copy of such documents and
software. Restrictions about the future use of these documents and software, if any, shall be specified
in the SC.
3.9 Equipment and Materials furnished by the Client
Equipment and materials made available to the Consultants by the Client, or purchased by the
Consultants with funds provided by the Client, shall be the property of the Client and shall be
marked accordingly. Upon termination or expiration of this Contract, the Consultants shall make
available to the Client an inventory of such equipment and materials and shall dispose of such
equipment and materials in accordance with the Client’s instructions.
4. CONSULTANTS’ PERSONNEL AND SUBCONSULTANTS
The Consultants shall employ and provide such qualified and experienced Personnel and Sub
consultants as are required to carry out the Services.
4.2 Description of Personnel