ETHIOPIAN ELECTRIC POWER

KOYSHA HYDROELECTRIC PROJECT

REQUEST FOR PROPOSAL (RFP) FOR

CONSULTANCY SERVICE

August 2017
Ethiopian Electric Power (EEP) Koysha HPP

Table of Contents
Letter of Invitation.........................................................................................................0
2. CLARIFICATION AND AMENDMENT TO RFP DOCUMENTS...................................7
3. PREPARATION OF PROPOSALS.....................................................................................7
4. SUBMISSION, RECEIPT, AND OPENING OF PROPOSALS.......................................10
5. PROPOSAL EVALUATION.............................................................................................10
6. NEGOTIATIONS...............................................................................................................12
7. AWARD OF CONTRACT.................................................................................................13
8. CONFIDENTIALITY.........................................................................................................13
BID DATA SHEET.................................................................................................................14
SECTION 4 FORM FIN-1 FINANCIAL Proposal Submission Form....................................37
SECTION 5..............................................................................................................................49
TERMS OF REFERENCE (TOR)..........................................................................................49
1. Background.........................................................................................................................49
2. Project Objective.................................................................................................................49
3. Project Layout and Scope of Works....................................................................................49
4. SCOPE OF SERVICES......................................................................................................51
4.1. GENERAL..........................................................................................................51
4.2. DETAILED SCOPE OF WORKS......................................................................52
5. INFORMATION EXCHANGE AND REPORTING.........................................................60
6. ORGANISATION OF THE CONSULTANT....................................................................64
6.4.1 EEP DELEGATES TRAINING AT ABROAD............................................................65
6.4.2 TRAINING OF EEP STAFF AT THE PROJECT SITE...............................................65
7. VEHICLES , OFFICE EQUIPMENTS & PROJECT OFFICE RENT..............................65
8. PROJECT IMPLEMENTATION SCHEDULE.................................................................66
SECTION 6..............................................................................................................................67
STANDARD FORMS OF CONTRACT................................................................................67
I. FORM OF CONTRACT..................................................................................67
II. GENERAL CONDITIONS OF CONTRACT....................................................................69
III. SPECIAL CONDITIONS OF CONTRACT.....................................................................85

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 Letter of Invitation
Reference No.: EEP/ PMO/ RFP /03/2017

Dear Mr. /Ms.:

1. The Ethiopian Electric Power (EEP) (Herein after referred to as the ‘Client’) issues this notice of
invitation to tender for procurement of Consultancy Service of EPC Contract Management of
Koysha Hydroelectric Project. The services of a consulting company are being sought to supervise
and control the EPC contract, under the following main scope of works but not limited to the
following:-

i. The Consultants shall carry out the Engineering Services of the Project throughout the
entire contract period (including defect liability period) under and in close cooperation
with the Client's Project Office. The contract period is 63 months, plus 12 months
defects liability period.

ii. In general, the Consultants shall provide overall and complete Consultant services to the
Client in the EPC Contract administration during construction and defects liability
periods of the project in conformity with internationally accepted standards and
procedures as well as the state-of-the-art-technology prevailing in the Hydroelectric
Construction Sector.

iii. The Scope of the Consultant Engineering Services shall cover, but not necessarily be
limited to, the tasks and duties stipulated in the enclosed TOR.

iv. During the contract period, the Consultant shall mainly carry out:

 Review and provision of approval (“approval”) to civil works, Electro-Mechanical,

Hydraulic Steel Stricture, and Switchyard designs.

 Supervision and ensuring the quality of all construction works, installation, erection,
testing and commissioning activities of the works.

 Supervision and control of environmental activities during the construction,

finalization as well as demobilization stages of the Project.

 Checking, evaluating, discussing, and verification of payment invoices

issued by the Contractor

 Administration of claims arising from the Contract execution

 Preparation and Provision of acceptance certificates for works completed in

accordance with the Contract requirement.
Ethiopian Electric Power (EEP) Koysha HPP

 Coordination of project activities in respect to achieving the planned

implementation schedule

 Preparation and submission of technical, progress, witness and related reports

 Prepare Dam Break Analysis and Emergency Preparedness Plan

v. The Consultant will prepare the project cost and completion time forecast when the
construction work is in progress by referring to the occurrence of unforeseen condition
of the project and the price escalation of the construction materials and other related
cost increasing issues.

vi. In cases when agreements cannot be reached with the Contractors in various issues, the
Consultant shall advice the Client for reasonable settlement of disputes. More details on
the Services are provided in the Terms of Reference (Section 5).

2. This Request for Proposals (RFP) has been addressed to the following shortlisted
Consultants:

No Name of Consultant Country Origin

SMEC International Pvt. Ltd. In association
1 withTropics Consulting Engineers Plc. (TCE)
Australia and Ethiopia

2 Wapcos Engineering Ltd. JV with Dolsar Engineering India and Turkey

3 MWH International, [Link] Acute Engineering Plc USA and Ethiopia

Tractebel Engineering S.A In association with Yerer

4 Engineering Plc.
France and Ethiopia

Intertechne Constutores, TPF Planage Cenor, Af Brazil, Portugal, Switzerland

5 Consult and Integral S.A and Colombia

Tata Consulting Engineers Limited In association with

6 Sintayehu Assefa Consultancy (SAC)
India and Ethiopia

Nor Consult A.S In association with Multi Consult

7 ASA, Sofreco and Shebelle
Norway, France and Ethiopia

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

4. A firm will be selected under QCBS procedures and in a Full Technical Proposal (FTP)
format as described in this RFP.

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Ethiopian Electric Power (EEP) Koysha HPP

5. Shortlisted Consultants should collect a complete set of bidding documents against a

payment of 2000.00 ETB starting from 28 August 2017.

6. The RFP includes the following documents:

Section 1 - Instructions to Consultants

Section 2 - Data Sheet
Section 3 - Full Technical Proposal (FTP) - Standard Forms
Section 4 - Financial Proposal - Standard Forms
Section 5 - eligibility
Section 6 - Terms of Reference
Section 7 - Standard Forms of Contract

7. Please inform us by 25 August 2017,in writing at:

Attention to: Mr. Tesfaye Tamirat

Director, EEP Procurement, Logistics and Warehouse
Ethiopian Electric Power
Located around AAU College of Commerce,
Behind Awash International Bank Head Quarter
Procurement office, Ground Floor, Room number 01
Tel: +251-115-580597
Addis Ababa, Ethiopia
Electronic mail address: [Link]@[Link]
[Link]@[Link]

(a) That you have received the Letter of Invitation; 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 1.13).

8. Details on the proposal’s submission date, time and address are provided in Clauses 4.5and
4.6 of the ITC.

9. EEP the reserves the right to reject any or all bids.

Sincerely,

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Ethiopian Electric Power (EEP) Koysha HPP

SECTION 1 INSTRUCTION TO Consultant

Definitions
a) “Client” means the agency with which the selected Consultant signs the Contract for the
services.
b) “Consultant” means any entity or person that may provide or provides the Services to the
Client under the Contract.
c) “Contract” means the Contract signed by the Parties and all the attached documents listed in
its Clause 1 that is the General Conditions (GC), the Special Conditions (SC), and the
Appendices.
d) “Data Sheet” means such part of the Instructions to Bidder used to reflect specific country
and assignment conditions.
e) “Day” means calendar day.
f) “Government” means the government of Ethiopia.
g) “Instructions to Bidders” (Section 1 of the RFP) means the document which provides
Consultancy Service with all information needed to prepare their Proposals.
h) “Joint Venture” means an agreement between partners on terms mutually agreed and is
subject to the general principles of law relating to partnerships.
i) “LOI” means the Letter of Invitation to the Consultant.
j) “Personnel” means professionals and support staff provided by the Consultant or assigned to
perform the Services or any part thereof; “Foreign Personnel” means such professionals and
support staff who at the time of being so provided had their domicile outside the Client’s
country; “Local Personnel” means such professionals and support staff who at the time of
being so provided had their domicile inside the Client’s country.
k) “Proposal” means the Technical Proposal and the Financial Proposal.
l) “RFP” means the Request For Proposal.
m) “Services” means the work to be performed by the Bidder pursuant to the Contract.
n) “Sub-Consultant” means any person or entity, to whom the Consultant subcontracts any part
of the Services.
o) “Terms of Reference” (TOR) means the document included in the RFP as Section 5 which
explains the objectives, scope of work, activities, tasks to be performed, respective
responsibilities of the Client and the Consultant, and expected results and deliverables of
the assignment.

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1. General
1.1 The Client named in the Data Sheet will select a consulting firm/organization (the
Consultant) from those who submitted their proposal, in accordance with the method of
selection specified in the Data Sheet.
1.2 The Consultant are invited to submit a Technical Proposal and a Financial Proposal, or a
Technical Proposal only, as specified in the Data Sheet, required for consulting services for
the assignment named in the Data Sheet. The Proposal will be the basis for contract
negotiations and ultimately for a signed Contract with the selected Consultants.
1.3 Bidders should familiarize themselves with local conditions and take them into account in
preparing their Proposals. To obtain first-hand information on the assignment and local
conditions, Bidders are encouraged to visit the site at their own cost before submitting a
proposal and to attend a pre-bid conference as specified in the Data Sheet. Attending the
pre-proposal conference is optional. Consultant should contact the Client’s representative
named in the Data Sheet to arrange for their visit or to obtain additional information on the
pre-proposal conference. Consultant should ensure that these officials are advised of the
visit in adequate time to allow them to make appropriate arrangements.
1.4 The Client will timely provide at no cost to the Bidders the inputs and facilities specified in
the Data Sheet, and make available relevant project data and reports.
1.5 The Consultant shall bear all costs associated with the preparation and submission of their
proposals and contract negotiation. The Client is not bound to accept any proposal, and
reserves the right to annul the selection process at any time prior to Contract award, without
thereby incurring any liability to the Consultant.
Conflict of Interest
1.6 The Employer requires that Consultant 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.
1.6.1 Without limitation on the generality of the foregoing, Consultant, 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:
Conflicting activities
i. A firm that has been engaged by the Client to provide goods, works or services other than
consulting services for the 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 the
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 satellite imagery for the project.

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Conflicting assignments
ii. A Consultant (including its Personnel and Sub- Consultant) 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 bidder 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 advice purchasers of, such assets. Similarly, a bidder hired to prepare Terms of
Reference for an assignment should not be hired for the assignment in question.
Conflicting relationships
iii. A bidder (including its Personnel and Sub- Consultant) 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 Employer throughout the selection process and the
execution of the Contract.
1.6.2 Consultant have an obligation to disclose any situation of actual or potential conflict
that impacts their capacity to serve the best interest of their Client, or that may
reasonably be perceived as having this effect. Failure to disclose said situations may
lead to the disqualification of the Consultant or the termination of its Contract.
1.6.3 No agency or current employees of the Client shall work as Consultant 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 Consultants 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.
Unfair Advantage
1.6.4 If a bidder could derive a competitive advantage from having provided consulting
services related to the assignment in question, the Client shall make available to all
bidders together with this RFP all information that would in that respect give such
Consultant any competitive advantage over competing Consultant.
Fraud and Corruption
1.7 The Ethiopian Electric Power (Here in after called “the Client”) requires that procuring
Entities, as well as Bidders and Contractors under EEP- Financed Contracts, observes the
highest standard of ethics during the procurement and execution of such contracts. In
pursuance of this policy, The Client:
a) Defines, for the purpose of this paragraph, the terms set forth below as follows:
i. “Corrupt practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of a public official in the
selection process or in contract execution;

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ii. “Fraudulent practice” means a misrepresentation or omission of facts in order to

influence a selection process or the execution of a contract;
iii. “Collusive practices” means a scheme or arrangement between two or more
Consultant with or without the knowledge of the Borrower, designed to establish
prices at artificial, noncompetitive levels;
iv. “Coercive practices” means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in a procurement process, or
affect the execution of a contract.
b) will reject a proposal for award if it determines that the Consultant recommended for
award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or
coercive practices in competing for the contract in question;
c) will sanction a Consultants, including declaring the Consultants ineligible, either
indefinitely or for a stated period of time, to be awarded a EEP -financed contract if at
any time determines that the Consultants has, directly of through an agent, engaged in
corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a
EEP -financed contract; and
1.8 Furthermore, the Consultant shall be aware of the provisions on fraud and corruption stated
in the specific clauses in the General Conditions of Contract.
1.9 Consultant shall furnish information on commissions and gratuities, if any, paid or to be
paid to agents relating to this proposal and during execution of the assignment if the
Consultants is awarded the Contract, as requested in the Financial Proposal submission
form (Section 4).
Origin of Goods and Consulting Services
1.10 Goods supplied and Consulting Services provided under the Contract may
originate from any country except if:
a) as a matter of law or official regulation, the Client’s country prohibits commercial
relations with that country; or
b) by an act of compliance with a decision of the United nations Security Council taken
under Chapter VII of the Charter of the United Nations, the Borrower’s Country
prohibits any imports of goods from that country or any payments to persons or entities
in that country.
Only one Proposal
1.11 A bidder may only submit one proposal. If a bidder submits or participates in more
than one proposal, such proposals shall be disqualified. However, this does not limit
the participation of the same sub-consultant, including individual experts, to more than
one proposal.
Proposal Validity
1.12 The Data Sheet indicates how long Consultant’ Proposals must remain valid after the
submission date. During this period, Consultant shall maintain the availability of
Professional staff nominated in the Proposal. The Client will make its best effort to
complete negotiations within this period. Should the need arise; however, the Client
may request Consultant to extend the validity period of their proposals. Consultant who

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agree to such extension shall confirm that they maintain the availability of the
Professional staff nominated in the Proposal, or in their confirmation of extension of
validity of the Proposal, Consultant could submit new staff in replacement, who would
be considered in the final evaluation for contract award. Consultant who do not agree
have the right to refuse to extend the validity of their Proposals.
Sub- Consultant
1.13 If a shortlisted Consultant considers that it may 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. 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.
2. CLARIFICATION AND AMENDMENT TO RFP DOCUMENTS
2.1 Consultant may request a clarification of any of the RFP documents up to the number of
days indicated in the Data Sheet before the proposal submission date. Any request for
clarification must be sent in writing, or by standard electronic means to the Client’s
address indicated in the Data Sheet. The Client will respond in writing, or by standard
electronic means and will send written copies of the response (including an explanation of
the query but without identifying the source of inquiry) to all Consultants. Should the
Client deem it necessary to amend the RFP as a result of a clarification, it shall do so
following the procedure under para. 2.2.
2.2 At any time before the submission of Proposals, the Client may amend the RFP by issuing
an addendum in writing or by standard electronic means. The addendum shall be sent to all
Consultants and will be binding on them. Consultant shall acknowledge receipt of all
amendments. To give Consultant reasonable time in which to take an amendment into
account in their Proposals the Client may, if the amendment is substantial, extend the
deadline for the submission of Proposals.
3. PREPARATION OF PROPOSALS
3.1 The Proposal (see para. 1.2), as well as all related correspondence exchanged by the
Consultant and the Client, shall be written in the language (s) specified in the Data Sheet.
3.2 In preparing their Proposal, Consultant are expected to examine in detail the documents
comprising the RFP. Material deficiencies in providing the information requested may
result in rejection of a Proposal.
3.3 While preparing the Technical Proposal, Consultant must give particular attention to the
following:
a. If Consultants considers that it may enhance its expertise for the assignment by
associating with other Consultant in a joint venture or sub- Consultants all partners shall
be jointly and severally liable and shall indicate who will act as the leader of the joint
venture.
b. The estimated number of Professional staff-months or the budget for executing the
assignment shall be shown in the Data Sheet, but not both. However, the Proposal shall
be based on the number of Professional staff-months or budget estimated by the
Consultant.

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c. Alternative professional staff shall not be proposed, and only one curriculum- vitae
(CV) shall be submitted for each position.
Language
d. Documents to be issued by the Consultant as part of this assignment must be in the
language(s) specified in the Reference Paragraph 3.1 of the Data Sheet. If Reference
Paragraph 3.1 indicates two languages, the language in which the proposal of the
successful Consultants will be submitted shall govern for the purpose of interpretation.
It is desirable that the firm’s Personnel have a working knowledge of the Client’s
national language.
Technical Proposal Format and Content
3.4 Depending on the nature of the assignment, Consultant are required to submit a Full
Technical Proposal (FTP), or a Simplified Technical Proposal (STP). The Data Sheet
indicates the format of the Technical Proposal to be submitted. Submission of the wrong
type of Technical Proposal will result in the Proposal being deemed non-responsive. The
Technical Proposal shall provide the information indicated in the following Paragraphs
from (a) to (g) using the attached Standard Forms (Section 3). Paragraph (c) (ii) indicates
the recommended number of pages for the description of the approach, methodology and
work plan of the STP. A page is considered to be one printed side of A4 or letter size paper.
(a) (i) For the FTP only: a brief description of the Consultant’ organization and an
outline of recent experience of the Consultant and, in the case of joint venture,
for each partner, on assignments of a similar nature is required in Form TECH-2 of
Section 3. For each assignment, the outline should indicate the names of Sub-
Consultant / Professional staff who participated, duration of the assignment, contract
amount, and Consultant’s involvement. Information should be provided only for those
assignments for which the Consultant was legally contracted by the Client as a
corporation or as one of the major firms within a joint venture. Assignments completed
by individual Professional staff working privately or through other consulting firms
cannot be claimed as the experience of the Consultants, or that of the Consultant’s
associates, but can be claimed by the Professional staff themselves in their CVs.
Consultant should be prepared to substantiate the claimed experience if so requested by
the Client.
(ii) For the STP the above information is not required and Form TECH-2 of Section
3 shall not be used.
(b) (i) For the FTP only: comments and suggestions on the Terms of Reference
including workable suggestions that could improve the quality/ effectiveness of
the assignment; and on requirements for counterpart staff and facilities
including: administrative support, office space, local transportation, equipment,
data, etc. to be provided by the Client (Form TECH-3 of Section 3).
(ii) For the STP Form TECH-3 of Section 3 shall not be used; the above comments
and suggestions, if any, should be incorporated into the description of the
approach and methodology (refer to following sub-para. 3.4 (c) (ii)).
(c) (i) For the FTP, and STP: a description of the approach, methodology and work
plan for performing the assignment covering the following subjects: technical
approach and methodology, work plan, and organization and staffing schedule.
Guidance on the content of this section of the Technical Proposals is provided
under Form TECH-4 of Section 3. The work plan should be consistent with the
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Work Schedule (Form TECH-8 of Section 3) which will show in the form of a
bar chart the timing proposed for each activity.
(ii) For the STP only: the description of the approach, methodology and work plan
should normally consist of 10 pages, including charts, diagrams, and comments
and suggestions, if any, on Terms of Reference and counterpart staff and
facilities.
(d) The list of the proposed Professional staff team by area of expertise, the position
that would be assigned to each staff team member, and their tasks (Form TECH-
5 of Section 3).
(e) Estimates of the staff input (staff-months of foreign and local professionals)
needed to carry out the assignment (Form TECH-7 of Section 3). The staff-
months input should be indicated separately for Consultant’s home office and
field activities, and for foreign and local Professional staff.
(f) CVs of the Professional staff signed by the staff themselves or by the authorized
representative of the Professional Staff (Form TECH-6 of Section 3).
(g) For the FTP only: a detailed description of the proposed methodology and
staffing for training, if the Data Sheet specifies training as a specific component
of the assignment.
3.5 The Technical Proposal shall not include any financial information. A Technical
Proposal containing financial information may be declared non responsive.
Financial Proposals
3.6 The Financial Proposal shall be prepared using the attached Standard Forms (Section 4).
It shall list all costs associated with the assignment, including (a) remuneration for staff
(foreign and local, in the field and at the Consultant’ home office), and (b) reimbursable
expenses indicated in the Data Sheet. If appropriate, these costs should be broken down
by activity and, if appropriate, into foreign and local expenditures. All activities and
items described in the Technical Proposal must be priced separately; activities and items
described in the Technical Proposal but not priced, shall be assumed to be included in
the prices of other activities or items.
Taxes
3.7 The Consultant shall be subject to local taxes (such as: value added tax or sales tax,
social charges or income taxes on non-resident foreign personnel, duties, fees, levies on
amounts payable by the Client under the Contract. The Client will state in the Data
Sheet if the Consultant is subject to payment of any local taxes. Any such taxes amounts
shall not be included in the Financial Proposal as they will not be evaluated.
3.8 Consultant may express the price of their services in a maximum of two freely
convertible currencies, singly or in combination. The Client may require Consultant to
state the portion of their price representing local cost in the national currency if so
indicated in the Data Sheet.
3.9 Commissions and gratuities, if any, paid or to be paid by Consultant and related to the
assignment will be listed in the Financial Proposal Form FIN-1 of Section 4.

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4. SUBMISSION, RECEIPT, AND OPENING OF PROPOSALS

4.1 The original proposal (Technical Proposal and, if required, Financial Proposal; see para.
1.2) shall contain no interlineations or overwriting, except as necessary to correct errors
made by the Consultant themselves. The person who signed the proposal must initial
such corrections. Submission letters for both Technical and Financial Proposals should
respectively be in the format of TECH-1 of Section 3, and FIN-1 of Section 4.
4.2 An authorized representative of the Consultant shall initial all pages of the original
Technical and Financial Proposals. The authorization shall be in the form of a written
power of attorney accompanying the Proposal or in any other form demonstrating that
the representative has been dully authorized to sign. The signed Technical and Financial
Proposals shall be marked “ORIGINAL”.
4.3 The Technical Proposal shall be marked “ORIGINAL” or “COPY” as appropriate. The
Technical Proposals shall be sent to the addresses referred to in para. 4.5 and in the
number of copies indicated in the Data Sheet. All required copies of the Technical
Proposal are to be made from the original. If there are discrepancies between the
original and the copies of the Technical Proposal, the original governs.
4.4 The original and all copies of the Technical Proposal shall be placed in a sealed
envelope clearly marked “TECHNICAL PROPOSAL” Similarly, the original Financial
Proposal (if required under the selection method indicated in the Data Sheet) shall be
placed in a sealed envelope clearly marked “FINANCIAL PROPOSAL” followed the name
of the assignment, and with a warning “DO NOT OPEN WITH THE TECHNICAL
PROPOSAL.” The envelopes containing the Technical and Financial Proposals shall be
placed into an outer envelope and sealed. This outer envelope shall bear the submission
address and be clearly marked “Not to be opened before the time and date for bid
opening”.
The Client shall not be responsible for misplacement, losing or premature opening if the
outer envelope is not sealed and/or marked as stipulated. This circumstance may be case
for Proposal rejection. If the Financial Proposal is not submitted in a separate sealed
envelope duly marked as indicated above, this will constitute grounds for declaring the
Proposal non-responsive.
4.5 The Proposals must be sent to the address/addresses indicated in the Data Sheet and
received by the Client no later than the time and the date indicated in the Data Sheet, or
any extension to this date in accordance with para. 2.2. Any proposal received by the
Client after the deadline for submission shall be returned unopened.
4.6 The Client shall open the Technical Proposal immediately after the deadline for their
submission. The envelopes with the Financial Proposal shall remain sealed and securely
stored.
5. PROPOSAL EVALUATION
5.1 From the time the Proposals are opened to the time the Contract is awarded, the
Consultant should not contact the Client on any matter related to its Technical and/or
Financial Proposal. Any effort by Consultant to influence the Client in the examination,
evaluation, ranking of Proposals, and recommendation for award of Contract may result
in the rejection of the Consultant’ Proposal.
Evaluators of Technical Proposals shall have no access to the Financial Proposals until
the technical evaluation is concluded and the Management issues its “approval”.
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Evaluation of Technical Proposals

5.2 The evaluation committee shall evaluate the Technical Proposals on the basis of their
responsiveness to the Terms of Reference, applying the evaluation criteria, sub-criteria,
and point system specified in the Data Sheet. Each responsive Proposal will be given a
technical score (St). A Proposal shall be rejected at this stage if it does not respond to
important aspects of the RFP, and particularly the Terms of Reference or if it fails to
achieve the minimum technical score indicated in the Data Sheet.
Financial Proposals for QBS
5.3 Following the ranking of technical Proposals, when selection is based on quality only
(QBS), the first ranked Consultant is invited to negotiate its proposal and the Contract
in accordance with the instructions given under para. 6 of this instruction.
Public Opening and Evaluation of Financial Proposals
5.4 After the technical evaluation is completed the Client shall inform the Consultant who
have submitted proposals the technical scores obtained by their Technical Proposals,
and shall notify those Consultant whose Proposals did not meet the minimum qualifying
mark or were considered non responsive to the RFP and TOR, that their Financial
Proposals will be returned unopened after completing the selection process. The Client
shall simultaneously notify in writing Consultant that have secured the minimum
qualifying mark, the date, time and location for opening the Financial Proposals. The
opening date should allow Consultant sufficient time to make arrangements for
attending the opening. Consultant’ attendance at the opening of Financial Proposals is
optional.
5.5 Financial Proposals shall be opened publicly in the presence of the Consultant’
representatives who choose to attend. The name of the Consultant and the technical
scores of the Consultant shall be read aloud. The Financial Proposal of the Consultant
who met the minimum qualifying mark will then be inspected to confirm that they have
remained sealed and unopened. These Financial Proposals shall be then opened, and the
total prices read aloud and recorded. Copy of the record shall be sent to all Consultants.
5.6 The Evaluation Committee will correct any computational errors. When correcting
computational errors, in case of discrepancy between a partial amount and the total
amount, or between word and figures the formers will prevail. In addition to the above
corrections, as indicated under para. 3.6, activities and items described in the Technical
Proposal but not priced, shall be assumed to be included in the prices of other activities
or items. In case an activity or line item is quantified in the Financial Proposal
differently from the Technical Proposal, (i) if the Time-Based form of contract has been
included in the RFP, the Evaluation Committee shall correct the quantification indicated
in the Financial Proposal so as to make it consistent with that indicated in the Technical
Proposal, apply the relevant unit price included in the Financial Proposal to the
corrected quantity and correct the total Proposal cost, (ii) if the Lump-Sum form of
contract has been included in the RFP, no corrections are applied to the Financial
Proposal in this respect. Prices shall be converted to a single currency using the selling
rates of exchange, source and date indicated in the Data Sheet.
5.7 In case of QCBS, the lowest evaluated Financial Proposal (Fm) will be given the
maximum financial score (Sf) of 100 points. The financial scores (Sf) of the other
Financial Proposals will be computed as indicated in the Data Sheet. Proposals will be
ranked according to their combined technical (St) and financial (Sf) scores using the

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weights (T = the weight given to the Technical Proposal; P = the weight given to the
Financial Proposal; T + P = 1) indicated in the Data Sheet: S = St x T% + Sf x P%. The
firm achieving the highest combined technical and financial score will be invited for
negotiations.
5.8 In the case of Fixed-Budget Selection, the Client will select the firm that submitted the
highest ranked Technical Proposal within the budget. Proposals that exceed the
indicated budget will be rejected. In the case of the Least-Cost Selection, the Client will
select the lowest proposal among those that passed the minimum technical score. In
both cases the evaluated proposal price according to para. 5.6 shall be considered, and
the selected firm is invited for negotiations.
6. NEGOTIATIONS
6.1 Negotiations will be held at the date and address indicated in the Data Sheet. The
invited Consultant will, as a pre-requisite for attendance at the negotiations, confirm
availability of all Professional staff. Failure in satisfying such requirements may result
in the Client proceeding to negotiate with the next-ranked Consultant. Representatives
conducting negotiations on behalf of the Consultant must have written authority to
negotiate and conclude a Contract.
Technical Negotiations
6.2 Negotiations will include a discussion of the Technical Proposal, the proposed technical
approach and methodology, work plan, and organization and staffing, and any
suggestions made by the Consultant to improve the Terms of Reference. The Client and
the Consultants will finalize the Terms of Reference, staffing schedule, work schedule,
logistics, and reporting. These documents will then be incorporated in the Contract as
“Description of Services”. Special attention will be paid to clearly defining the inputs
and facilities required from the Client to ensure satisfactory implementation of the
assignment. The Client shall prepare minutes of negotiations which will be signed by
the Client and the Consultant.
Financial Negotiations
6.3 If applicable, it is the responsibility of the Consultant, before starting financial
negotiations, to contact the local tax authorities to determine the local tax amount to be
paid by the Consultant under the Contract. 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. In the cases of QCBS, Fixed-Budget Selection,
and the Least-Cost Selection methods, unless there are exceptional reasons, the
financial negotiations will involve neither the remuneration rates for staff nor other
proposed unit rates. For other methods, Consultant will provide the Client with the
information on remuneration rates described in the Appendix attached to Section 4 -
Financial Proposal - Standard Forms of this RFP.
Availability of Professional staff/experts
6.4 Having selected the Consultant on the basis of, among other things, an evaluation of
proposed Professional staff, the Client expects to negotiate a Contract on the basis of
the Professional staff named in the Proposal. Before contract negotiations, the Client
will require assurances that the Professional staff 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 for reasons
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such as death or medical incapacity. If this is not the case and if it is established that
Professional staff were offered in the proposal without confirming their availability, the
Consultant may be disqualified. Any proposed substitute shall have equivalent or better
qualifications and experience than the original candidate and be submitted by the
Consultant within the period of time specified in the letter of invitation to negotiate.
Conclusion of the Negotiations
6.5 Negotiations will conclude with a review of the draft Contract. To complete
negotiations the Client and the Consultant will initial the agreed Contract. If
negotiations fail, the Client will invite the Consultant whose Proposal received the
second highest score to negotiate a Contract.
7. AWARD OF CONTRACT
7.1 After completing negotiations the Client shall award the Contract to the selected
Bidders, and promptly notify all Consultants who have submitted proposals. After
Contract signature, the Client shall return the unopened Financial Proposals to the
unsuccessful Consultants.
7.2 The Consultant is expected to commence the assignment on the date and at the location
specified in the Data Sheet.
8. CONFIDENTIALITY
8.1 Information relating to evaluation of Proposals and recommendations concerning
awards shall not be disclosed to the Consultants who submitted the Proposals or to other
persons not officially concerned with the process, until the publication of the award of
Contract. The undue use by any Consultant of confidential information related to the
process may result in the rejection of its Proposal and may be subject to the provisions
of the EEP’s antifraud and corruption policy.

Section 2 - BID DATA SHEET

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Para. Description
Ref.

1.1 Name of the Client: Ethiopian Electric Power (EEP)

Method of selection: QCBS (Quality and Cost-Based Selection)
Contract Type: Time Based

1.2 Financial Proposal to be submitted together with Technical Proposal: Use two
separate envelopes, one for Technical and the other for Financial Proposals. Each
envelope shall be titled and addressed as indicated on the instruction to bidder sub
clause 4.3 and 4.4.
Name of the assignment is: Koysha Hydroelectric Project EPC Contract
Administration Consultant Services

1.3 A pre-bid conference will be held:

The bidder or his official representative is strongly advised to attend a pre-bid
meeting that shall be scheduled on 18 September 2017 at 9AM local time at EEP
Head office, Addis Ababa, Ethiopia. Any Change will be communicated to all
bidders.
Site Visit : N/A
Attn: Attention to: Mr. Tesfaye Tamirat
Director, EEP Procurement, Logistics and Warehoure
Ethiopian Electric Power
Located around AAU College of Commerce,
Behind Awash International Bank Head Quarter
Procurement office, Ground Floor, Room number 01
Tel: +251-115-580597
Addis Ababa, Ethiopia
E. mail address: [Link]@[Link]

1.4 The Client will provide the following inputs and facilities: Basic Design Document of
the Project

1.12 Proposals must remain valid 120 days after the bid submission date.

1.13 Shortlisted consultant may associate with;

(a) non-shortlisted consultant(s) No
(b) shortlisted consultants yes

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2.1 Clarifications may be requested not later than 15 days before the submission date.
The address for requesting clarifications can be addressed to any or both of the
following Clients representatives:
Attention to: Mr. Tesfaye Tamirat
Director, EEP Procurement, Logistics and Warehoure
Ethiopian Electric Power
Located around AAU College of Commerce,
Behind Awash International Bank Head Quarter
Procurement office, Ground Floor, Room number 01
Tel: +251-115-580597
Addis Ababa, Ethiopia
Electronic mail address: [Link]@[Link]
[Link]@[Link]

3.1 Proposals shall be submitted in the following language: English

3.3 (b) The estimated number of professional staff-months required for the assignment is
1100 man months. The Consultant’s home office staff man-month should not exceed
20% of the total man- month. (An estimated breakdown is shown in last section of
SECTION 4 FINANCIAL PROPOSALS).
The consultant shall form a joint Venture/ Association with Ethiopian Local
consultant with a minimum share provision of 50% in terms of man-months.

3.4 The format of the Technical Proposal to be submitted is in Full Technical Proposal
(FTP).

3.4 (f) CVs of the professional staff shall be signed by themselves and by the authorized
representative of the consulting firm. It also needs to be authenticated by the
respective employer.

3.4 (g) The Consultant has to provide training and enable transfer of Knowledge and
technology. The training shall include review of design, on job training, seminars and
others regarding to design, construction management, project contract management,
project supervision and any other relevant subjects related to the execution of the
Project.

3.6` 1. a per diem allowance in respect of Personnel of the Consultant for every day in
which the Personnel shall be absent from the home office and, as applicable,
outside the Client’s country for purposes of the Services;
2. cost of necessary travel, including transportation of the Personnel by the most
appropriate means of transport and the most direct practicable route;
3. cost of applicable international or local communications such as the use of

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telephone and facsimile required for the purpose of the Services;

4. cost of rental and freight of any instrument or equipment required to be provided
by the Consultant for the purposes of the Services;
5. cost of printing and dispatching of the reports to be produced for the Services;
6. other allowances where applicable and provisional or fixed sums (if any); and
7. Cost of such further items required for purposes of the Services not covered in the
foregoing.

3.7 Amounts payable by the Client to the Consultant under the contract shall be subject to
local taxation and the client will reimburse the Consultant for any such taxes paid by
the Consultant except the withholding tax which the Consultant has to consider in its
offer.

3.8 Consultant have to state local cost in the national currency (in Ethiopian Birr)

4.3 Consultant must submit the One original and Three (3) copies of the Technical
Proposal, and Financial Proposal.

4.5 The Proposal submission address is:

Attn: Mr. Atalay Abebe
Procurement office
Ethiopian Electric Power (EEP), Head Office,
Meba Building, AAU College of Commerce,
Behind Awash-International Bank Head Quarter
Procurement Office, Ground Floor
Tel: +251-115-580781
Addis Ababa, Ethiopia

The deadline for bid submission is:

Date: October 09, 2017
Time: 2:00 P.M local time

a) bear the following identification:

Bid For

“CONCELTANCY SERVICE FOR ETHIOPIAN ELECTRIC POWER KOYSHA

HYDROELECTRIC PROJECT.

The opening of Technical Proposals shall take place at:

4.6
Ethiopian Electric Power (EEP), Head Office,
Procurement, Logistics and Warehouse Office

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Meba Building, Beside AAU College of Commerce,

Behind Awash-International Bank Head Quarter
Procurement Office, Ground Floor
Addis Ababa, Ethiopia

Date: October 09,2017

Time: 2:30 P.M local time

The points given to the evaluation criteria are: Point

5.2 (a)
i) Experience of the consulting firm in the same field that of the
20
assignment and on similar projects

ii) Professional reputation of the firm and previous performance and

10
experience

iii) Knowledge of the project environment in the country and region

5
and their implication for the project

iv) Understanding of the Terms of reference 5

v) Overall quality of proposal, quality of work plan and Methodology

5
proposed

vi) Qualification of experts and experience in the field of assignment 50

vii) Regional Experience and ability to work with national personnel

5
and agencies; and Language proficiency

Total: 100

The above evaluation criteria are divided in to the following sub-criteria

i) Experience of the consulting firm in the same field that of the 20

assignment and on similar projects within the last 30 years.
Note:

 Similar projects refers to any large or Mega hydropower projects

with similar complexity and features at least having dam, spillway,
water conveyance system, powerhouse encompassing turbine-
generator unit, and tailrace structure.

 The pointing system will be

 An installed capacity of >/= 200MW will be given 100%

of the assigned point.

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 An installed capacity of 100 - 200MW will be given 80%

of the assigned point.

 An installed capacity of 60 - 100MW will be given 50%

of the assigned point.

 An installed capacity of <60MW & Dam height <30m

will be given 0 point.

 Dam height >/= 100m will be given 100% of the assigned

point.

 Dam height 70-100m will be given 80% of the assigned

point.

 Dam height 30-70m will be given 50% of the assigned

point.

 Dam height <30m will be given 0 point.

 The results from both the installed capacity and dam height will be
averaged.

Experience in design and feasibility study, supervision of

construction and project management of similar projects.
The points given to evaluation sub criteria for qualifications are:-

Supervision of construction and project management of ten or more

Hydroelectric projects will be assigned 5 points and proportional 5
points will be assigned to lesser number of projects

Experience in design approval of similar projects, ten or more

Hydroelectric projects will be assigned 5 points and proportional
points will be assigned to lesser number of projects.
Note:

 If the design and feasibility study activity is done parallel during the 5
construction period of the project, the point given will be 100% of
the assigned point.

 If the design and feasibility study activity is done before the start of
project construction, the point given will be 50% of the assigned
point.

Experience in EPC contract management of 3 projects will be

5
assigned 5 points

Experience in RCC contract management of 2 projects or more will

5
be assigned 5 points

ii) Professional reputation of the firm and previous Performance 10

and experience within the last 30 years.

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The firm experience in design preparation and approval, supervision

of construction, project management and experience

Years of experience in power sector 15 years and above will be

assigned 10 points and proportional points will be assigned to lesser 10
years of experience

iii) Knowledge of the project environment in the country and their

5
implication for the project.

5 projects in Africa will be assigned 5 points and proportional points

5
will be assigned to lesser number of projects

iv) Understanding of the Terms of reference 5

In evaluating proposals in relation to the above criterion, proposals

will be checked for understanding of various contents of the project
such as Supervision of construction for Hydroelectric projects and
design approval, project management, training, knowledge transfer
to EEP’s staff and etc.

v) Overall quality of proposal, quality of work plan and

5
Methodology proposed

In evaluating proposals in relation to the above criterion, the

proposal will be checked in relation to its approach to the project
work plan and methodology for the Supervision of construction –
Hydroelectric projects, design approval, training and knowledge
transfer to EEP’s staff

vi) Qualification of experts and experience in the field of assignment

with their respective weight (70 % for lead consultant’s staff and 50
30% for local consultant’s staff).

I. Lead Consultant’s staff.

 Project Manager 9
 Planning and Technical Office Manager 8
 Chief Resident Engineer 9
 Chief RCC Dam Engineer 8
 Chief Engineering Geologist 6
 Contract Manager 6
 Control & Protection works Expert 6
 Chief Electrical Engineer (Electromechanical Expert) 6
 Chief Mechanical Engineer (Hydro mechanical Expert) 6
 Chief Civil Works Engineer 6

II. Ethiopian Local Consultant’s Staff

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Ethiopian Electric Power (EEP) Koysha HPP

 Cost Control & Contract Administration Engineer 6

 RCC Dam Engineer 6
 Civil Works Engineer 5
 Engineering Geologist 4
 Material Engineer 5
 Safety/Environment Expert 4

These criteria have been divided into other sub criteria as follows.

vi) (a) Qualification of experts and experience in the field of

50
assignment for lead Consultant

1) General qualifications (qualifications have to be related to

assignments)

5 points will be assigned for MSC or above, 3 points for BSC, and
5
no points for lesser qualifications

The score for each proposed staff computed as above will be

summed up for a firm, and the resulting score will be averaged to
arrive at the corresponding firm’s score

2) Adequacy of the proposed staff for the project

This sub-criterion has been further divided into the following other
sub-criteria

Experience of the proposed staff in similar projects as that of his

assignment.
Note:

 Similar projects refers to any large or Mega hydropower projects

with similar complexity and features at least having dam, spillway,
water conveyance system, powerhouse encompassing turbine-
generator unit, and tailrace sitructure.

 The pointing system will be

 An installed capacity of >/= 200MW will be given 100%

of the assigned point.

 An installed capacity of 100 - 200MW will be given 80%

of the assigned point.

 An installed capacity of 60 - 100MW will be given 50%

of the assigned point.

 An installed capacity of <60MW & Dam height <30m

will be given 0 point.

 Dam height >/= 100m will be given 100% of the assigned

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Ethiopian Electric Power (EEP) Koysha HPP

point.

 Dam height 70-100m will be given 80% of the assigned

point.

 Dam height 30-70m will be given 50% of the assigned

point.

 Dam height <30m will be given 0 point.

 The results from both the installed capacity and dam height will be
averaged.

2.1) 20 Points will be assigned to 5 or more similar size hydropower

projects in which a proposed staff has been involved and 20
proportional points will be assigned to lesser number of projects

The score of each proposed staff computed as above will be

summed up for a firm, and the resulting score will be averaged to
arrive at the corresponding firm’s score

2.2) Number of years of experience in similar project to the

assignment

20 points are assigned to 15 or more years of experience in similar

projects as that of the assignment, with proportional points assigned
to lesser number of years of such experience.
20
The score of each proposed staff computed as above will be summed
up for a firm, and the resulting score will be averaged to arrive at
the corresponding firm’s score

2.3) Number of years with the firm

5 points will be assigned to 5 or more years with in which a

proposed staff as maintained working relationship with the firm and
5
proportional points will be assigned to lesser number of years of
working relationship

The score of each proposed staff computed as above will be

summed up for a firm, and the resulting score will be averaged to
arrive at the corresponding firm’s score

vii) Regional Experience and ability to work with national personnel

5
and agencies; and Language proficiency

This sub-criterion has been sub divided into the following other sub-
criteria

1) Experience in the region

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For the purpose of evaluation, the term “region” is understood to

be “Africa”, and thus a proposed staff’s exposure for Africa will be
a rewarding factor. Accordingly, 2 points will be assigned to 3 or
2
more projects with which proposed staffs has been exposed to
Africa and proportional points will be assigned to lesser number of
projects

The score of each proposed staff computed as above will be

summed up for a firm, and the resulting score will be averaged to
arrive the corresponding firm’s score

2) Language

3 points will be assigned to languages English proficiency of 3

points to “excellent’’ 2.5 points to ‘’very good” 2 points to
‘’good’’, 1 point for ‘’fair” and no point to language proficiency of
3
‘’poor’’ the score of each proposed staff computed as above will be
summed up for a firm, and the resulting score will be averaged to
arrive at the corresponding firm’s score.

vi) (b) Qualification of experts and experience in the field of

50
assignment for Ethiopian local Consultant

1) General qualifications (qualifications have to be related to

assignments)

5 points will be assigned for MSC or above, 3 points for BSC, and
5
no points for lesser qualifications

The score for each proposed staff computed as above will be

summed up for a firm, and the resulting score will be averaged to
arrive at the corresponding firm’s score

2) Adequacy of the proposed staff for the project

This sub-criterion has been further divided into the following other
sub-criteria

Experience of the proposed staff in similar projects as that of his

assignment

2.1) 20 Points will be assigned to 3 or more similar size hydropower

projects in which a proposed staff has been involved and 20
proportional points will be assigned to lesser number of projects

The score of each proposed staff computed as above will be

summed up for a firm, and the resulting score will be averaged to
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Ethiopian Electric Power (EEP) Koysha HPP

arrive at the corresponding firm’s score

2.2) Number of years of experience in similar project to the

assignment

20 points are assigned to 10 or more years of experience in similar

projects as that of the assignment, with proportional points assigned
to lesser number of years of such experience.
20
The score of each proposed staff computed as above will be summed
up for a firm, and the resulting score will be averaged to arrive at
the corresponding firm’s score

2.3) Number of years with the firm

5 points will be assigned to 3 or more years with in which a proposed

staff as maintained working relationship with the firm and
5
proportional points will be assigned to lesser number of years of
working relationship

The score of each proposed staff computed as above will be summed

up for a firm, and the resulting score will be averaged to arrive at the
corresponding firm’s score

vii) Ability to work with International personnel and agencies; and

5
Language proficiency

5 points will be assigned to languages English proficiency of 5 points

to “excellent’’ 3 points to ‘’very good” 2 points to ‘’good’’, 1 point for
‘’fair” and no point to language proficiency of ‘’poor’’ the score of
5
each proposed staff computed as above will be summed up for a firm,
and the resulting score will be averaged to arrive at the corresponding
firm’s score.

The minimum technical score St required to pass is: 70% Points

5.6 The single currency for price conversions is: Ethiopian Birr.
The source of official selling rates is: National Bank of Ethiopia
The date of exchange rates is: The date of Technical bid opening.

5.7 The formula for determining the financial scores is the following:
Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest price and F the
price of the proposal under consideration.
The weights given to the Technical and Financial Proposals are:

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T = 0.8, and
P = 0.2

6.1 Expected date and address for contract negotiations:

Contract negotiation will be held in Addis Ababa, preferably with in the proposal validity
period. However, the Owner will inform the exact date of contract negotiation when the
tender evaluation and approval process is completed.

7.2 Expected date for commencement of consulting services is 15 days after Contract
Agreement date.

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SECTION 3 TECHNICAL PROPOSAL - STANDARD

FORMS
[Comments in brackets [ ] provide guidance to the Consultants for the preparation of their
Technical Proposals; they should not appear on the Technical Proposals to be submitted.]
Refer to Reference Paragraph 3.4 of the Data Sheet for format of Technical Proposal to be
submitted, and paragraph 3.4 of Section 1 of the RFP for Standard Forms required and number
of pages recommended.
TECH-1 Technical Proposal Submission Form
TECH-2 Consultant’s Organization and Experience
A Consultant’s Organization
B Consultant’s Experience
TECH-3 Comments or Suggestions on the Terms of Reference and on Counterpart Staff
and Facilities to be provided by the Client
A On the Terms of Reference
B On the Counterpart Staff and Facilities
TECH-4 Description of the Approach, Methodology and Work Plan for Performing the
Assignment
TECH-5 Team Composition and Task Assignments
TECH-6 Curriculum Vitae (CV) for Proposed Professional Staff
TECH-7 Staffing Schedule
TECH-8 Work Schedule

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FORM TECH-1 TECHNICAL PROPOSAL SUBMISSION Form

[Location, Date]
To: [Name and address of Client]

Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in
accordance with your Request for Proposal dated [Insert Date] and our Proposal. We are
hereby submitting our Proposal, which includes this Technical Proposal, and a Financial
Proposal sealed under a separate envelope.
We are submitting our Proposal in association with: [Insert a list with full name and address of
each associated Consultant]2
We hereby declare that all the information and statements made in this Proposal are true and
accept that any misinterpretation contained in it may lead to our disqualification.
If negotiations are held during the period of validity of the Proposal, i.e., before the date
indicated in Paragraph Reference 1.12 of the Data Sheet, we undertake to negotiate on the basis
of the proposed staff. Our Proposal is binding upon us and subject to the modifications
resulting from Contract negotiations.
We undertake, if our Proposal is accepted, to initiate the consulting services related to the
assignment not later than the date indicated in Paragraph Reference 7.2 of the Data Sheet.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:

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FORM TECH-2 CONSULTANT’S ORGANIZATION AND EXPERIENCE

A - Consultant Organization

[Provide here a brief (two pages) description of the background and organization of your
firm/entity and each associate for this assignment.]
B – Consultants’ Experience
[Using the format below, provide information on each assignment for which your firm, and
each associate for this assignment, was legally contracted either individually as a corporate
entity or as one of the major companies within an association, for carrying out consulting
services similar to the ones requested under this assignment. Use 20 pages.]

Assignment name: Approx. value of the contract (in current US$

or Euro):

Country: Duration of assignment (months):

Location within country:

Name of Client: Total No of staff-months of the assignment:

Address: Approx. value of the services provided by

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

Start date (month/year): No of professional staff-months provided by

associated Consultants:
Completion date (month/year):

Name of associated Consultants, if any: Name of senior professional staff of your firm
involved and functions performed (indicate
most significant profiles such as Project
Director/Coordinator, Team Leader):

Narrative description of Project:

Description of actual services provided by your staff within the assignment:

Firm’s Name:
FORM TECH-3 Comments and Suggestions on the Terms of Reference and on Counterpart
Staff and Facilities to be provided by the Client

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A - On the Terms of Reference

[Present and justify here any modifications or improvement to the Terms of Reference you are
proposing to improve performance in carrying out the assignment (such as deleting some
activity you consider unnecessary, or adding another, or proposing a different phasing of the
activities). Such suggestions should be concise and to the point, and incorporated in your
Proposal.]

B - On Counterpart Staff and Facilities

[Comment here on counterpart staff training methodology, and facilities to be provided by the
Client according to Paragraph Reference 1.4 of the Data Sheet including: administrative
support, office space, local transportation, equipment, data, etc.]

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FORM TECH-4 Description of Approach, Methodology and Work Plan for Performing
the Assignment

(For small or very simple assignments the Client should omit the following text in Italic)

[Technical approach, methodology and work plan are key components of the Technical
Proposal. You are suggested to present your Technical Proposal (50 pages, inclusive of charts
and diagrams) divided into the following three chapters:

a) Technical Approach and Methodology,

b) Work Plan, and
c) Organization and Staffing,
a) Technical Approach and Methodology. In this chapter you should explain your
understanding of the objectives of the assignment, approach to the services, methodology for
carrying out the activities and obtaining the expected output, and the degree of detail of such
output. You should highlight the problems being addressed and their importance, and explain
the technical approach you would adopt to address them. You should also explain the
methodologies you propose to adopt and highlight the compatibility of those methodologies
with the proposed approach.
b) Work Plan. In this chapter you should propose the main activities of the assignment, their
content and duration, phasing and interrelations, milestones (including interim approvals by
the Client), and delivery dates of the reports. The proposed work plan should be consistent with
the technical approach and methodology, showing understanding of the TOR and ability to
translate them into a feasible working plan. A list of the final documents, including reports,
drawings, and tables to be delivered as final output, should be included here. The work plan
should be consistent with the Work Schedule of Form TECH-8.
d) Organization and Staffing. In this chapter you should propose the structure and
composition of your team. You should list the main disciplines of the assignment, the key
expert responsible, and proposed technical and support staff including training.]

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FORM TECH-5 TEAM Composition and Task Assignments

Professional Staff

Name of Staff Firm Area of Expertise Position Assigned Task Assigned

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FORM TECH-6 Curriculum Vitae (CV) for Proposed Professional Staff

1. Proposed Position [only one candidate shall be nominated for each position]:

2. Name of Firm [Insert name of firm proposing the staff]:

3. Name of Staff [Insert full name]:

4. Date of Birth: Nationality:

5. Education [Indicate college/university and other specialized education of staff member,

giving names of institutions, degrees obtained, and dates of obtainment]:

6. Membership of Professional Associations:

7. Other Training [Indicate significant training since degrees under 5 - Education were
obtained]:

8. Countries of Work Experience: [List countries where staff has worked in the last ten
years]:

9. Languages [For each language indicate proficiency: good, fair, or poor in speaking,
reading, and writing]:

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10. Employment Record [Starting with present position, list in reverse order every employment
held by staff member since graduation, giving for each employment (see format here below):
dates of employment, name of employing organization, positions held.]:

From [Year]: To [Year]:

Employer:
Positions held:

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

[Among the assignments in which the staff has been involved,

[List all tasks to be performed indicate the following information for those assignments that
under this assignment] best illustrate staff capability to handle the tasks listed under
point 11.]

Name of assignment or project:

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

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

Date:
[Signature of staff member or authorized representative of the staff] Day/Month/Year

Full name of authorized representative:

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FORM TECH-7 Staffing Schedule1

Name Staff input (in the form of a bar chart)2 Total staff-month input
N°
of Staff 1 2 3 4 5 6 7 8 9 10 11 12 n Home Field3 Total
Foreign
[Ho
me]
1
[Fiel
d]
2

n
Subtotal
Local
[Ho
me]
1
[Fiel
d]
2

n
Subtotal
Total

1. For Professional Staff the input should be indicated individually; for Support Staff it should
be indicated by category (e.g.: draftsmen, clerical staff, etc.).
2. Months are counted from the start of the assignment. For each staff indicate separately staff
input for home and field work.
3. Field work means work carried out at a place other than the Consultant's home office.

Full time input

Part time input

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FORM TECH-8 WORK Schedule

1
Months2
N° Activity
1 2 3 4 5 6 7 8 9 10 11 12 n

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1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception,
interim, and final reports), and other benchmarks such as Client approvals. For phased
assignments indicate activities, delivery of reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in the form of a bar chart.

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SECTION 4 FINANCIAL PROPOSALS - STANDARD FORMS

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

Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal
according to the instructions provided under para. 3.6 of Section 2. Such Forms are to be used
whichever is the selection method indicated in para. 4 of the Letter of Invitation.

FIN-1 Financial Proposal Submission Form

FIN-2 Summary of Costs

FIN-3 Breakdown of Costs by Activity

FIN-4 Breakdown of Remuneration

FIN-5 Reimbursable expenses

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SECTION 4 FORM FIN-1 FINANCIAL Proposal Submission Form

[Location, Date]

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Request for Proposal dated [Insert Date] and our
Technical Proposal. Our attached Financial Proposal is for the sum of [Insert amount(s) in
words and figures1]. This amount is exclusive of the local taxes, which shall be identified
during negotiations and shall be added to the above amount.

Our Financial Proposal shall be binding upon us subject to the modifications resulting
from Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before
the date indicated in Paragraph Reference 1.12 of the Data Sheet.

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

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:
Name of Firm:
Address:

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FORM FIN-2 SUMMARY of Costs

Costs
[Indicate [Indicate [Indicate
Item [Indicate
Foreign Foreign Foreign
Local
Currency # Currency # Currency #
Currency]
1]1 2]1 3]1
Total Costs of Financial
Proposal 2

1. Indicate between brackets the name of the foreign currency. Maximum of three
Currencies; use as many columns as needed, and delete the others.
2. Indicate the total costs, net of local taxes, to be paid by the Client in each currency.
Such total costs must coincide with the sum of the relevant Subtotals indicated in all Forms
FIN-3 provided with the Proposal.

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FORM FIN-3 BREAKDOWN of Costs by Activity1

Group of Activities (Phase):2 Description:3

Costs

Cost component [Indicate [Indicate [Indicate [Indicate

Foreign Foreign Foreign Local
Currency # 1]4 Currency # 2]4 Currency # 3]4 Currency]
Remuneration5
Reimbursable Expenses 5
Subtotals

1. Form FIN-3 shall be filled at least for the whole assignment. In case some of the activities
require different modes of billing and payment (e.g.: the assignment is phased, and each
phase has a different payment schedule), the Consultant shall fill a separate Form FIN-3 for
each group of activities. For each currency, the sum of the relevant Subtotals of all Forms
FIN-3 provided must coincide with the Total Costs of Financial Proposal indicated in Form
FIN-2.
2. Names of activities (phase) should be the same as, or correspond to the ones indicated in
the second column of Form TECH-8.
3. Short description of the activities whose cost breakdown is provided in this Form.
4. Indicate between brackets the name of the foreign currency. Use the same columns and
currencies of Form FIN-2.
5. For each currency, Remuneration and Reimbursable Expenses must respectively coincide
with relevant Total Costs indicated in Forms FIN-4, and FIN-5.

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FORM FIN-4 Breakdown of Remuneration1

(This Form FIN-4 shall only be used when the Time-Based Form of Contract has been included
in the RFP)

Group of Activities (Phase):

[Indicate [Indicate [Indicate
Staff- Input5 [Indicate
2 3 Foreign Foreign Foreign
Name Position month (Staff- Local
Currency Currency Currency
Rate4 months) Currency]6
# 1]6 # 2]6 # 3]6
Foreign
[Home]
[Field]

Local Staff
[Home]
[Field]

Total
Costs

1. Form FIN-4 shall be filled for each of the Forms FIN-3 provided.
2. Professional Staff should be indicated individually; Support Staff should be indicated per
category (e.g.: draftsmen, clerical staff).
3. Positions of Professional Staff shall coincide with the ones indicated in Form TECH-5.
4. Indicate separately staff-month rate and currency for home and field work.
5. Indicate, separately for home and field work, the total expected input of staff for carrying
out the group of activities or phase indicated in the Form.
6. Indicate between brackets the name of the foreign currency. Use the same columns and
currencies of Form FIN-2. For each staff indicate the remuneration in the column of the
relevant currency, separately for home and field work. Remuneration = Staff-month Rate x
Input.

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FORM FIN-4 Breakdown of Remuneration1

(This Form FIN-4 shall only be used when the Lump-Sum Form of Contract has been included
in the RFP. Information to be provided in this Form shall only be used to establish payments to
the Consultant for possible additional services requested by the Client)

Name2 Position3 Staff-month Rate4

Foreign Staff
[Home]

[Field]

Local Staff
[Home]

[Field]

1. Form FIN-4 shall be filled in for the same Professional and Support Staff listed in Form
TECH-7.
2. Professional Staff should be indicated individually; Support Staff should be indicated per
category (e.g.: draftsmen, clerical staff).
3. Positions of the Professional Staff shall coincide with the ones indicated in Form TECH-5.

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4. Indicate separately staff-month rate and currency for home and field work.

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FORM FIN-5 Breakdown of Reimbursable Expenses1

(This Form FIN-5 shall only be used when the Time-Based Form of Contract has been included
in the RFP)

Group of Activities (Phase):

[Indicate Local
Currency # 1]4

Currency # 2]4

Currency # 3]4

Currency]4
Unit Cost3
N° Description2

[Indicate

[Indicate

[Indicate
Quantity

Foreign

Foreign

Foreign
Unit
Per diem allowances Da
5
International flights Tri
Miscellaneous travel Tri
Communication costs
between [Insert place] and
[Insert place]
Drafting, reproduction of
reports
Equipment, instruments,
materials, supplies, etc.
Shipment of personal effects Tri
Use of computers, software
Laboratory tests.
Subcontracts
Local transportation costs
Office rent, clerical
Training of the Client’s
personnel 6
Total Costs

1. Form FIN-5 should be filled for each of the Forms FIN-3 provided, if needed.
2. Delete items that are not applicable or add other items according to Paragraph Reference 3.6
of the Data Sheet.
3. Indicate unit cost and currency.
4. Indicate between brackets the name of the foreign currency. Use the same columns and
currencies of Form FIN-2. Indicate the cost of each reimbursable item in the column of the
relevant currency. Cost = Unit Cost x Quantity.
5. Indicate route of each flight, and if the trip is one- or two-ways.
6. Only if the training is a major component of the assignment, defined as such in the TOR.

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FORM FIN-5 Breakdown of Reimbursable Expenses

(This Form FIN-5 shall only be used when the Lump-Sum Form of Contract has been included
in the RFP. Information to be provided in this Form shall only be used to establish payments to
the Consultant for possible additional services requested by the Client)

N° Description1 Unit Unit Cost2

Per diem allowances Day

International flights3 Trip

Miscellaneous travel expenses Trip

Communication costs between

[Insert place] and [Insert place]

Drafting, reproduction of reports

Equipment, instruments,
materials, supplies, etc.
Shipment of personal effects Trip

Use of computers, software

Laboratory tests.

Subcontracts

Local transportation costs

Office rent, clerical assistance

Training of the Client’s

4
personnel

1. Delete items that are not applicable or add other items according to Paragraph Reference 3.6
of the Data Sheet.
2. Indicate unit cost and currency.
3. Indicate route of each flight, and if the trip is one- or two-ways.
4. Only if the training is a major component of the assignment, defined as such in the TOR.

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(iii) Social Costs

Social costs are the costs to the firm of staff’s non-monetary benefits. These items
include, inter alia, social security including pension, medical and life insurance costs, and
the cost of a staff member being sick or on vacation. In this regard, the cost of leave for
public holidays is not an acceptable social cost nor is the cost of leave taken during an
assignment if no additional staff replacement has been provided. Additional leave taken
at the end of an assignment in accordance with the firm’s leave policy is acceptable as a
social cost.
(iv) Cost of Leave
The principles of calculating the cost of total days leave per annum as a percentage of
basic salary shall normally be as follows:
total days leave x 100
Leave cost as percentage of salary 1 =
[365 - w - ph - v - s]

It is important to note that leave can be considered a social cost only if the Client is not
charged for the leave taken.
(v) Overheads
Overhead expenses are the firm’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 (partner’s time, non-billable time, time of
senior staff monitoring the project, rent, support staff, research, staff training, marketing,
etc.), the cost of staff 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
staff who are not permanent employees of the firm. In such case, the firm shall be
entitled only to administrative costs and fee on the monthly payments charged for
subcontracted staff.
(vi) Fee or Profit
The fee or profit shall be based on the sum of the salary, social costs, and overhead. If
any bonuses paid on a regular basis are listed, a corresponding reduction in the profit
element shall be expected. Fee or profit shall not be allowed on travel or other
reimbursable expenses, unless in the latter case an unusually large amount of procurement
of equipment is required. The firm shall note that payments shall be made against an
agreed estimated payment schedule as described in the draft form of the contract.
(vii) Away from Headquarters Allowance or Premium
Some Consultants pay allowances to staff working away from headquarters. Such
allowances are calculated as a percentage of salary 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. For concerned staff, this allowance, where paid, shall cover home education,
etc.; these and similar items shall not be considered as reimbursable costs.
1
Where w = weekends, ph = public holidays, v = vacation, and s = sick leave.
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(viii) Subsistence Allowances

Subsistence allowances are not included in the rates, but are paid separately and in local
currency. No additional subsistence is payable for dependentsthe subsistence rate shall
be the same for married and single team members.
2. Reimbursable expenses
2.1 The financial negotiations shall further focus on such items as out-of-pocket expenses
and other reimbursable expenses. These costs may include, but are not restricted to,
cost of surveys, equipment, office rent, supplies, international and local travel,
computer rental, mobilization and demobilization, insurance, and printing. These costs
may be either unit rates or reimbursable on the presentation of invoices, in foreign or
local currency.
3. Bank Guarantee
3.1 Payments to the firm, including payment of any advance based on cash flow projections
covered by a bank guarantee, shall be made according to an agreed estimated schedule
ensuring the firm regular payments in local and foreign currency, as long as the services
proceed as planned.

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Sample Form

Consulting Firm: Country:

Assignment: Date:

Consultant’s Representations Regarding Costs and Charges

We hereby confirm that:

(a) the basic salaries indicated in the attached table are taken from the firm’s payroll records
and reflect the current salaries of the staff members listed which have not been raised other than
within the normal annual salary increase policy as applied to all the firm’s staff;
(b) Attached are true copies of the latest salary slips of the staff members listed;
(c) The away from headquarters allowances indicated below are those that the Consultants
have agreed to pay for this assignment to the staff members 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 Consulting Firm]

Signature of Authorized Representative Date

Name:

Title:

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Consultant’s Representations Regarding Costs and Charges

(Expressed in [insert name of currency])

Personnel 1 2 3 4 5 6 7 8

Month/Day/Hour1
Rate per Working

Rate per Working

Month/Day/Hour
Basic Salary per

Social Charges1

Proposed Fixed

Proposed Fixed
Headquarters
Away from
Working

Subtotal
Position
Name

Home Office

Field

1. Expressed as percentage of 1
2. Expressed as percentage of 4

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Man-month estimate

The following table summarizes the man-month requirement for the project which shall be used
for evaluation purposes. The Consultant can propose best alternative which shall be considered
during contract negotiation with the least evaluated tenderer based on value engineering that
the alternative offers from technical and financial merits to the Client.

Home Office Mission Resident

Civil EPC Contract 180 170 720

Electromechanical 140 120 500

Hydraulic Steel Structure 20 90 290

Total man-month 2,230

Note: - The consultant shall form a joint Venture/ Association with Ethiopian Local consultant
with a share provision of 50% in terms of man-months.

SECTION 5
Eligible country
Goods supplied and Consulting Services provided under the Contract may originate from any
country except if:
 as a matter of law or official regulation, the Client’s country prohibits
commercial relations with that country; or
 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.

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SECTION 6
TERMS OF REFERENCE (TOR)
1. Background
The Government of Ethiopia is committed to increase the power capacity of the country in the
coming five years by 7,000MW as a fulfillment of the objectives of the power sector
development program of the second Five Years Growth & Transformation Plan (GTP II).
To this effect, the Ethiopian Electric Power (EEP) is largely engaged in the construction of
numerous power projects to generate dependable power supplies for local and regional markets
of which Koysha HPP is one of these projects.
The Project is located downstream on GiBE III project on Omo River basin in the Southern
part of the country about 130 km from Gilgel Gibe III. The project has envisaged a plant with
an installed capacity of 2160 MW with an estimated annual energy of about 6,460 GWh. The
major components of the project are Waterways, Roller Compacted Concrete (RCC) dam,
powerhouses and 400kV switchyard.
2. Project Objective
The Project objective is to enhance the generation capacity of the country and fulfill the power
sector Five Year 2nd Growth & Transformation Plan through developing a plant with a capacity
of 2160 MW and average energy generation of 6460 Gwh per annum. The Implementation of
this project will insure renewable energy to the emerging agro industries and heavy industries
of the country and will also secure the power trading between the neighboring countries and
even the regional and continental interconnection.
3. Project Layout and Scope of Works
3.1. General Project Layout
The Project layout consists mainly of a roller compacted concrete (RCC) dam, to impound
approximately 6 Bm3 of water. The plant generates 6,460 GWh per year with #8 Francis turbine
units, 270MW each with a total installed capacity of 2,160 MW surface powerhouse and one
400kV Switchyard.
3.2. Scope of Works of the Project
The main Works to be done for the construction of the Koysha Hydroelectric Project, according
to the General Project Layout, include the following:
Dam RCC gravity dam, 170 m height, 990 m crest length, 6.8 Million m3
Reservoir Storage Capacity 6 Billion M3
Spillway Lateral Gated Spillway
Intake Three Penstock through the dam body
Powerhouse Outdoor type, on the left bank, with 8 Francis turbines, 270 MW each
Middle Level Outlets Two middle level outlets on the dam body
River Diversion Two concrete culverts on the right bank; design flood of 3,000 m3/s.

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Substation 400 kV Swithcyard

Transmission Line 400 kV double circuit line from Gibe III to Koysha Switchyard

3.2.1. Temporary Facilities

All temporary facilities and works which may include:
 accommodation for labour and staff employed for the work,
 offices, stores and workshops,
 communications, and
 protection works against floods
3.2.2. Civil Works
The Civil Engineering Works to be supplied under this Contract are as follows.
 The access road connecting the Site to the existing road network on the right bank;
 A RCC Dam constructed on the Omo River;
 Two culverts for River Diversion, one to be equipped with temporary ecological valves
and pipes;
 gated Spillway;
 MLO on the Dam body
 River diversion design flow reduced to 3,000 m3/s and overall diversion structures
revised accordingly
 One Powerhouse designed for accommodating #8 Francis Turbines with the relevant
Administration, Control, Workshop and Store building and Middle Outlets discharge
devices;
 One 400kV surface Switchyard with relevant Control Building;
 Any other civil structure and work required for meeting the functional requirements of
the Plant that are within the scope of this proposal;
 Geological and geotechnical investigations as required;
 Reduced scale model tests of the gated Spillway;
 Site environmental mitigation works (to be defined);
 One bridge across the Omo River to be used for construction and for operation of the
plant.
3.2.3. Plant
The Electro-Mechanical and Hydraulic Steel Works to be supplied under this Contract are as
set out below.
The main Electro-Mechanical Equipment of the Plant is summarized here below:
 Powerhouse, 2,160MW:
 Eight (8) vertical shaft Francis Turbines, each rated 270MW

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 Eight (8) electronic frequency governors

 Eight (8) inlet butterfly valves
 Eight (8) vertical axis synchronous generators, rated 318MVA, 0.85 power factor
 Eight (8) excitation systems
 One (1) powerhouse auxiliary electrical equipment
 24 mono phase two winding transformers
 Eight overhead lines between Step-up transformers and Switchyard
 Cooling water and drainage systems
 Ventilation and air conditioning systems
 Auxiliary electrical equipment
 Protection, control and monitoring equipment
 Telecommunication and control systems
 Two (2) Overhead travelling cranes
 One (1) 400kV Switchyard
 Any other equipment necessary to meet the functional requirements of the power plant
The main Hydraulic Steel Structures of the power plant are listed here below:
 Trashracks,
 Penstocks, manifolds and transitions
 Sliding gates and stoplogs for the Powerhouse Draft Tubes
 Butterfly and hollow-cones Valves for the Middle Outlets
 Temporary Ecological discharge valves and pipes inside one Diversion Culvert
 Stoplogs for Diversion Culverts
 Cranes for maintenance of draft tube sliding gates, valves and draft tube stoplogs.

4. SCOPE OF SERVICES
4.1. GENERAL
The Consultant shall provide a complete consulting service to the Employer, the Ethiopian
Electric Power (EEP), as defined and detailed in this TOR, in the management of the
Engineering, Procurement and Construction (EPC) Contract of Koysha Hydroelectric Project.
4.1.1 The Consultant shall carry out the Engineering Services of the Project throughout the
entire contract period (including defect liability period) under and in close cooperation
with the Employer's Project Office.
4.1.2 The Consultant shall work in close collaboration with the Panel of Experts (if
necessary) who might be involved in special issues with regard to method statements,
design and construction supervision works, and unforeseen circumstances that may
need involvement of specialized expertise.

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4.1.3 The Consultant shall prepare Dam Break Analyses and Emergency Preparedness Plan.
The cost of these activities shall be indicated separately on the Consultant’s financial
proposal.
4.1.4 The Scope of the Consultant’s Engineering Services shall cover, but not necessarily be
limited to, the tasks and duties stipulated in this TOR.
4.1.5 In general, the Consultant shall provide overall and complete consultancy services to
the Owner in the EPC Contract administration during the design, construction, erection,
and commissioning and defects liability periods of the Project.
4.1.6 The Consultant shall also ensure smooth completion of the Project in accordance with
the EPC Contract and in conformity with internationally accepted standards and
procedures as well as the state-of-the-art-technology prevailing in the Hydro Power
Generation Construction Sector.
4.1.7 During the contract period, the Consultant shall mainly carry out:
 Review and provision of “no objection” to civil, electro-mechanical and hydro-
mechanical designs,
 Supervision of the construction, erection and commissioning works of the Project.
 Supervision and control of environmental activities during the construction,
finalization as well as demobilization stages of the Project.
 Checking, evaluating, discussing, and verification of payment invoices issued by the
Contractor
 Administration of claims arising from the Contractor
 Preparation and provision of acceptance certificates for works completed in
accordance with the Contract
 Coordination of project activities in respect to achieving the planned
implementation schedule
4.1.8 During the project implementation period the Consultant shall periodically prepare the
project cost and completion time forecast by considering the unforeseen condition of
the project nature, price escalation of the construction materials and other related issues.
4.1.9 In cases when agreements cannot be reached with the Contractor in various issues, the
Consultant shall advise the owner for reasonable settlement of dispute.
4.2. DETAILED SCOPE OF WORKS
4.2.1. The Consultant’s services mainly include:
i. Checking and controlling of the construction design documents produced by the
Contractor for civil works, hydraulic Steel Structures (HSS), Hydro-Mechanical
Equipment (HME) and Electro-Mechanical Equipment (EME) and more generally all
design documents for permanent structures.
ii. Checking and issuing “no objection” for the manufacturing, factory assembling,
testing and preparation for shipment of hydro mechanical and Electro mechanical
equipment.

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iii. Checking and following up the programs for the production of construction design
documents and manufacturing of equipment issued by the Contractor.
iv. Checking and controlling the methods and procedures to be used in the design and
manufacturing of equipment by the Contractor.
v. Checking and controlling possible design changes and the impacts therein due to
unforeseen geological conditions in accordance with the provisions of the EPC
Contract.
vi. Handling of claims originating from the Contractor due to various reasons.
vii. Ensuring that the quality of all construction, erection, testing and commissioning of
the various equipment carried out by the Contractor is performed properly and the
quality assurance is up to the stipulated standards and norms.
viii. Verifying that the progress of Contractor’s activities is in accordance with the agreed
and approved schedule.
ix. Checking, evaluating, verifying, and approving payment invoices issued by the
Contractor.
x. Checking and verifying the integration of the interface of the power plant into the
entire ICS/LDC systems.
xi. Preparing and submitting periodic and other reports on the above matters to the
Owner.
4.2.2. Design Review and Verification Services
Regarding Design activities during the Construction Period and/or manufacturing
operations, the Consultant shall, in general:
i. Review and verify the Contractor’s basic and detail designs plus as built drawings
i.e. complete basic designs and construction/manufacturing designs, respectively.
These have to be carried out by a dedicated team of experts, who shall communicate
with the Contractor through appropriate visits to the Contractor's Head Office as
necessary and other means of communications. These activities mainly deal with the
examination and control of the design effort, which must continue throughout the
construction period.
ii. Check and review the detailed civil works and hydro-mechanical/electrical
equipment manufacturing drawings, adaptation of the Project to actual geological
conditions and foundation excavations, etc.
iii. Control the activities of the Contractor through inspection visits to the Project site,
workshops, and storage facilities of hydro-mechanical and electrical equipment. The
inspection shall be carried out by experts and specialists of the Consultant
throughout the construction period. The program for these inspections will be
established in due time taking into consideration the Project implementation
schedule, the actual progress of work and issues that may arise in the course of the
Project implementation.
4.2.3. Review and Verification of the basic and detailed design documents

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Tasks a) to d) hereunder, inclusively, focus on the review and verification of the basic
and detailed design documents (essential drawings), which shall directly allow the
Contractor to execute the Project.
A) Review and Verification of the Contractor‘s Co-ordination Activities (Task1)
A procedure will be established, under the control and with the approval of the
Consultant, to ensure that the detailed design of civil engineering structures, on one
hand, and of the equipment, on the other, are carried out in a coordinated way, in order
to ensure;
 That there will be no problem of construction at the interfaces between civil works
and equipment (Correct placing of supports for installation, of embedded metallic
parts, of fixed parts for gates, of all pipes and duct, etc,).
 That the programs of preparation and delivery on site of the corresponding detailed
drawings and, if any, installation manuals and instructions are duly synchronized
both between themselves and with the general construction schedule.
 The everyday follow-up of these procedures will be the responsibility of the
Contractor who will report to the Consultant, especially in the case where they are
not correctly respected and adaptations thereto are needed.
B) Review and Verification of the Basic and Detailed Construction Design (Task 2)
i. Hydro-mechanical and Electrical Equipment
The drawings shall be prepared by the Contractor and submitted for checking,
review and comments to the Consultant. The Consultant shall carry out
crosschecks, but mainly ensures that all dispositions represented, materials used,
and details shown are in conformity with specifications, standards and rules of the
art and will allow a correct installation and safe operation of the installed
equipment and shall dispatch approved documents for installation of the equipment
at site as early as possible.
Rules and schedules for the transmission of documents, for Co-ordination meetings,
for the mode of communication between the Contractor and the Consultant will be
jointly established by the Owner, the Consultant, and the Contractor once the
detailed manufacturing and installation programs are known. Regarding the hydro-
mechanical equipment, the exact number and qualifications of participants and the
individual responsibilities of work as well as all procedures for design and
fabrication shall be jointly decided.
i. Civil Works
The Consultant shall review and comment the detailed design developed by the
Contractor for construction of civil works prepared in accordance with the
construction contract, and ensures that the Contractor has modified the design
based on the comments.
The Consultant shall ensure that the detailed construction working drawings are
prepared by the Contractor on the basis of the general Project implementation
guideline, drawings and documents. As-Built drawings prepared by the Contractor
will also be checked and verified by the Consultant ensuring that, all site
modifications are dully integrated to the detail designs.

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ii. Ancillary Installations

The same principles as above shall be applied, but shall be adapted to the nature of
the concerned structures.
C) Verification of the Main Modifications to the Design (Task3)
The Consultant ensures; through his experienced and well-organized review team, the
adaptations to design due to unforeseen conditions, mainly concerning geological
conditions, which are uncovered as construction progresses, are incorporated in the
detailed Project implementation.
Such issues may be raised by the Contractor for practical reasons or to take into account
the modified shapes, for instance, imposed by increased depths of excavations. But the
Consultant shall thoroughly check the need and suitability of these modifications and
their possible repercussions on the parts to the structures. The Consultant shall also
review any other additional measures deemed necessary to ensure safety in the new
circumstances that have been discovered and submitted by the Contractor.
Any change in the expected conditions on site of any nature, will immediately be
referred to the Consultant’s resident team. The Consultant shall establish co-ordination
with the Contractor upon approval by the owner; so that all minor changes can be dealt
with through a joint effort on site in the shortest possible time, in order not to disrupt
the construction schedule. It is only those changes of major importance, which will be
referred to the Consultant’s home office.
D) Review and Verification of Structural Analysis (Task 4)
The Consultant shall ensure that, the Contractor has carried out all detailed calculations
by applying the principles, rules, norms, and procedures discussed and verified
beforehand by the Consultant. The Consultant shall verify and gives “no objection” on
the detailed calculations, drawings and/or supporting reports submitted by the
Contractor.
4.2.4. Supervision Services
Regarding Supervision activities during the Construction and/or manufacturing periods,
the Consultant shall, in general:
i. Supervise and ensure the quality of all construction works and equipment supply,
installation, erection, testing and commissioning activities carried out by the
Contractor.
ii. Supervision Services will be the responsibility of a permanent team of residents of
the Consultant, which will include both expatriate and local engineers and
technicians whose qualifications are acceptable to the Owner.
iii. The Consultant shall follow up and coordinate factory inspection visits and
trainings broad.
4.2.5. Review/ Verification of the Quality Assurance and schedule of the executed works
Tasks F) to J) presented below focus on the review and verification of the Quality
Assurance and schedule of the executed works.
E) Review and Verification of Topography and Surveying (Task5)

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The Consultant shall review and verify all methods and procedures, as well as the
manpower and equipment organization of the Contractor for carrying out topography
and surveying works. The Consultant shall request for verifications and cross checks, to
be carried out in his presence, as deemed necessary.
F) Site Supervision (Task 6)
The Consultant shall maintain a team of resident Engineers and technicians on site
throughout the construction and commissioning period. This team shall supervise
permanently all construction, hydro mechanical and electrical equipment erection,
testing, and commissioning operations in order to ensure that Quality assurance
standards and norms which guarantee the conformity and quality of the Project as a
whole and its components in particular are effectively observed by the Contractor.
In addition, the Consultant, through his technical personnel, shall carry out, whenever
deemed necessary, in accordance with the progress of work, inspection visits to the site
as well as to all workshops and installations of hydro-mechanical and electrical
equipment where Project components are manufactured, assembled, tested and /or
prepared for shipment.
ii. Testing
The Consultant shall control beforehand the program and procedures for tests to be
carried out throughout the construction period to verify the quality criteria, method
statements and standards of materials used in the structures. The tests to be verified
by the Consultant shall include but not limited to the following;
 Characteristic of embankment materials, with regard to the choice of borrow-
areas and the condition of the materials before/after placement in the structures.
The characteristics shall be verified by means of in-situ tests in the borrow areas,
laboratory tests on material samples from the fill zones, in-situ tests on the
finished structures, etc.
 The earth fill dam may require carrying out intensive laboratory tests of
geotechnical analyses. In this case, the Consultant has to deploy appropriate
expertise on this matter in order to satisfy the quality requirement and the proper
performance of the Dam during its lifetime.
 Characteristics of concrete components such as aggregates, cement, sand and
water shall be in accordance to the class and quality requirement stipulated in the
contract. Testing of concrete at the batching plant, during transportation, from
samples taken from the already cast structures shall be verified by the Consultant
for each type and section of the work in order to attain strength, crack resistance
and durability of the structures.
 Testing of concrete, shotcrete/grout and supports (wire mesh, tendons, bolts, etc)
before and after applications
 Testing of rock type and strength in foundations
 Testing of reinforcement steel bars and pipes of all material
 Testing of hydro steel structures, hydro mechanical and electrical equipment,
materials and/or assembled parts, etc
 Provision of Acceptance Certificates
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iii. Quality Control of Civil Works

Detailed Quality control of the civil works will be carried out by the Contractor;
however, the Consultant will discuss, control and comment the quality control
program, define quality control rules and ensures that quality control is properly
performed. For this purpose, the Consultant's resident team shall carry out
periodical and frequent inspections of all parts of the Project as the construction
advances, to verify their conformity with the specifications and drawings in all
aspect.
The quality control for civil works may include but not limited to the following:
 Quarries, borrow areas, crushing and batching plants
 Quality and capacity of Material testing laboratory
 Embankment materials, aggregates and concrete products
 Placement and compaction of embankment and concrete
 Form works and structural alignments
 Exact positioning for external shape of the structures, internal separations
(whether between concrete blocks or embankment zones and/or layers),
embedded parts of equipment, and any other interface between concrete and
equipment.
 Reinforcement bars, monitoring instruments, ducts and pipes, etc.
 Procedure for cooling and curing concrete and protecting surfaces, for
placing and compacting fill materials, etc.
 Correct positioning of equipment based on and in accordance to loading
conditions of concrete structures.
iv. Hydro Mechanical and Electrical Equipment
During manufacturing, the Consultant’s Home Office technical staff shall
organize periodic visits to the workshops, storage and shipping areas of
mechanical, hydro-mechanical and electrical equipment to check that all
specifications and procedures have been properly adopted, with regard to
materials used, methods of cutting, forming, welding, assembling, packaging, etc.
On site, a complete inspection and control shall be carried out on all works, with
special attention to welding or other assembling methods, protection of the
equipment against shocks, displacements, etc.
v. Geological Inspection
 The Consultant shall ensure the geological mapping of the excavation level has
been carried out before any foundation surface is covered either by
embankments, concrete, or water diverted back through excavated channels.
 The Consultant shall ensure the geological mapping and rock classifications of
underground excavations before the surface is covered either by shotcrete,
concrete, or any temporary or permanent support.

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 The methods and procedures (scales, grade of detailing, symbols, etc) shall be
primarily checked and reviewed by the Consultant, who shall have a geological
team (with one resident geologist) available to make visual inspections of all
excavations. The team may request for additional topographical surveys needed
to define the position of specific features (faults, cracks, etc).
 This geological team, together with the Consultant's resident engineer, shall give
all recommendations to the Contractor’s design team for the redesign of
foundations due to the change in the rock conditions discovered in the course of
excavation.
 The Consultant has to ensure that no foundation surface shall be covered by
embankment materials or concrete or water before a “no objection”, using the
previously approved quality control formats is guaranteed by his supervisors.
G) Verification of Dam Monitoring and Instrumentation Systems (Task 7)
The detailed design for installation of these systems shall be carried out by the
Contractor and verified by the Consultant.
 The Consultant shall check the civil works for their correct placement, installation
and connection.
 The Consultant shall be involved at the initial readings of each instrument (or
geodetic group) to ensure that the methods and procedures used are correct and
allow the determination of reliable ''zero'' values,
 The Consultant shall verify that, the readings are subsequently carried out at the
prescribed times and intervals, the procedures and methods of reading are correctly
applied, and the results are correctly registered and filed.
 The Consultant shall check and verify the preliminary analyses of these results.
 Acceptance certificates shall be issued by the Consultant with the prior consent of
the Employer.
H) Verification and Monitoring of Construction Schedule (Task 8)
 The Consultant shall check that proper organization of works at all phases of
construction is maintained with respect to the general schedule.
 The Consultant shall verify that works are co-coordinated in such a way that, civil
works are ready to receive hydro-mechanical, electro-mechanical and mechanical
equipment as the case may be, at the prescribed time, and the equipment are erected
in due time to allow the restart of concreting as programmed.
 The Consultant shall permanently control and follow up the time schedule of the
Project is respected, with regard to the main target dates stipulated in the contract
that determine the date of final commissioning of the plant, as well as the partial
deadlines for specific operations.
 The Consultant shall alert the Contractor in due time, whenever the Consultant
foresees any risk of delay and shall request the Contractor to re-analyze the
programs and sequences of work. The Consultant will suggest partial or general
adaptations of the program whenever deemed necessary.

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 In order to ensure all the activities commented upon here above are correctly, timely
and efficiently carried out by all parties, procedures and schedules for meetings on
site shall be established in due time. The Consultant shall be responsible for the
enforcement of these procedures and schedules once they have been mutually
agreed upon.
I) Control of the Successive Commissioning of the Units (Task 9)
i. Preparation of Commissioning Program
The Consultant shall receive from the Contractor, the detailed program for site
tests, which shall consist of pre-commissioning and commissioning tests, trial
operations period for the subsequent units and performance and efficiency tests.
The Consultant shall make sure that; all relevant parts and components are ready for
the various tests and periodically check the critical steps of this program are
maintained, and request all parties to take the necessary remedial actions to abide
by the schedule whenever there are risks of delay. The Consultant shall comment
on the schedules, formats, and other relevant documents submitted by the
Contractor.
ii. Reservoir Impounding
Before commencement of filling the reservoir, the Consultant has to review and
give “no objection” on the Reservoir Operation manual prepared by the Contractor.
The Consultant shall ensure that all operation procedures are based on the
provisions stipulated on the manual. The Consultant shall monitor all operations in
order to ensure the safety and security aspect of the whole Project or individual
components therein, or the area downstream of the Project is guaranteed.
 The Consultant should make sure that the Dam Instrumentation is fully
executed according to internationally accepted practices for similar dams and as
stipulated in the EPC Contract. It is also required to ensure that the Contractor
has submitted the necessary manuals upon completion of the works to enable
appropriate follow up.
 The Consultant shall control the sequence of closure operations proposed by the
Contractor, the program for monitoring (geodetic and instrument reading)
during the filling of the reservoir and shall indicate the rules to be observed on
the steps in the rising of the water level, frequency of measurements and
procedures.
 The Consultant shall define the governing criteria that will allow either to
accept the continuation of impounding, or on the contrary, its interruption as
well as for a partial draw down. These criteria shall be based on objective
factors such as the maximum allowable deformation/cracks on some structures,
maximum allowable leakage, etc. In case of such an occurrence, its
consequences shall be analyzed with all parties concerned.
iii. Testing and final Control of Equipment
 All testing equipment and control runs before start of normal operation shall be
carried out in the presence of the Consultant’s representatives.
 The organization of these tests by the Contractor shall be submitted for the “no
objection” of the Consultant before commencement.
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 In carrying out these tests, the Consultant shall demand all participants
concerned for all necessary corrective measures, which shall be explained as
necessary.
iv. Provision of Services to the Owner during the Defect Liability Period
 The Consultant will provide consulting services to the Owner during the
general Defects Liability Period of all works (civil, hydro mechanical and
electrical equipment). Hydro mechanical and electrical equipment as well as
civil works specialists and experts will be made available by the Consultant to
the Owner during site visits when required to provide the necessary technical
and contract management services during the defects liability period.
J) Handling of Claims (Task 10)
The Consultant shall gather and review all pertinent information regarding claims filed
by the Contractor. The Consultant shall forward recommendations and possible
solutions to resolve the claim to the owner. In circumstances, where the claims cannot
be resolved amicably, the Consultant shall fully work with the owner in arbitrations or
other conditions that may arise.
5. INFORMATION EXCHANGE AND REPORTING
The Information Exchange and Reporting Mechanisms described hereafter are a set of practical
rules governing the exchange of data and information, the submittal, examination and control
procedures of technical notes and drawings, the certification of the work progress as well as the
transmission of information to the Owner.
The major activities derived from the services to be provided by the Consultant include
technical, contractual, financial/payments, acceptance and reporting thereof.
2.3.1 Technical Documents
Technical Documents are referred to the following:
 Basic and Detail Design documents consisting of layouts and drawings, calculations,
reports, schedules, and other related documents.
 Construction procedures, method statements, etc
 Quality Control documents
 Design changes documents
 Recorded notes on visits to the construction site, the manufacture's workshops, the
design offices, etc
The submittal procedures of the documents shall be based upon the following criteria:
1. All information produced by the Contractor shall be communicated to the Consultant
with the awareness of the Owner.
2. Submittals of documents may be categorized as only for information purpose or for
verification and comments.
3. Prior to the submittal of drawings and reports co-ordination meetings shall be held as
deemed necessary to accelerate the progress of work.

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4. The Consultant shall qualify the documents received as follows:

a) Verified - no objection
b) Verified - comply with comments
c) Verified - rejected, comply with comments, re-submittal required
5. The Consultant shall check review, comment and verify the submitted documents
according to the time schedule indicated in the EPC Contract or at earlier date in order
to meet the construction program.
2.3.2 Payments to the Contractor
The Consultant shall base payments to the Contractor on:
 The schedule and percentages on the Bill of Principal Quantities of the Permanent
Works (BPQPW) established for civil, hydro mechanical and electrical works
stipulated in the EPC contract
 The delivery of certificates to confirm progress in works in connection to the
payments.
 The verification of costs due to changes in the design and costs of materials and
labor.
 The Consultant shall adjust payment requests as per works done on site.
Regarding the Certificates, the Consultant will verify and approve the submitted
invoices or interim valuations by countersigning the corresponding payment
applications and invoices and issues certificates as required by the Owner. In the case of
change in design, the Consultant will verify, evaluate and discuss the proposed changes
including cost incidences and shall report to the Owner.
2.3.3 Reporting
During the construction of the Project, the Consultant shall timely submit the reports to
the Owner in hard and soft copies with compatible software. A minimum of three
original hard and two soft/CD copies of the following reports shall be submitted to the
Employer.
 Monthly and quarterly progress and site activity reports
 Annual progress reports
 Reservoir Impounding reports
 Final report before waterway system filling
 Waterway systems filling report
 The commissioning acceptance report
 Special reports as required by the Panel of Experts, if necessary
 Prompt Claim assessment reports, Determinations and Recommendations
 Consultant’s site and home office periodic activity reports

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 Project Final completion report

[Link] Monthly progress and site activity Reports
Monthly progress and site activity reports will basically contain all figures and site
measurements, results of quality control, observations and description of factual events
occurred on site and in home offices and/or shops of all the participants to the Project.
These reports will contain sections prepared by the Contractor that are checked and
reviewed for the Consultant’s approval, together with a covering report prepared by the
Consultant. It will be submitted to the Owner not later than 5 th day of every month
stating progress of the previous month.
Typical content of the Monthly and quarterly Progress Reports will be as follows:
A) Report by the Contractor
These reports shall be checked, commented and verified by the Consultant before
submittal to the Owner.
A1. Civil Works Section
1. Progress in work
2. Current status narrative report
3. Upcoming and planned construction activities
4. Status assessment of Construction Schedule
5. Manpower on site and Home Office
6. Major equipment on site and in factory
7. Material & equipment delivered to site for permanent works
8. Special events having impacts on schedule and costs and precautions to be taken
9. Status of Claims, if any
10. Weather report
11. Site and factory digital photographs
12. Miscellaneous
A2. Hydro mechanical and Electrical Equipment Section
Similar with the reporting details for civil works stipulated in A1 above including
reports on design, procurement and manufacturing status of Hydro Mechanical and
Electrical Equipment.
A3. Reservoir Impounding
The Contractor shall prepare the detailed reports on reservoir filling and dam
behavior during filling.
A4. Reporting by the Contractor’s Designer

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This part of the report will describe the progress in production of designs and
drawings with indication of their status as: - "Preparation" or "Submitted on...”,
"Under examination by the Consultant", or "Reviewed by the Consultant on...." etc.
B) Report by the Consultant
The various reports to be prepared by the Consultant shall describe the progress in the
comments and verifications of designs, drawings, calculation notes, progress of
supervision activities, testing of equipment and materials, status of claims, payments,
status of Consultant’s Site and Home Office staff, as well as the progress in certification of
works.
B1) Final report before filling of Waterway Systems
This report will be prepared by the Consultant with the contributions of information
and/or data from the Contractor. This report will describe the initial states of the
structures as recorded by monitoring instruments. It will propose the waterway system
filling operations sequence and timing, the targets, the monitoring programmer and the
control parameters, as well as the safety and corrective measures, in case of necessity.
B2) Report on filling of waterway system
This report will be prepared by the Consultant with additional information and/or data
obtained from the Contractor and the Operator. This report will describe the actual
operation sequence and timing for the waterway system filling process. It will also
describe the evolution of the readings of the monitoring devices. It will give a
diagnostic or interpretation of discrepancies between observed and expected values.
B3) Reports on Reservoir Impounding
The Consultant shall evaluate the reports on reservoir filling prepared by the
Contractor and checks the characteristic and structural behavior of the dam during
filling. The Consultant shall ensure that, the reports are compatible with what actually
happened and witnessed by his team physically. The Consultant shall also check if the
operation manuals of the dam needs modifications in accordance with the actual
situations occur during impoundment. Finally the Consultant shall submit the report to
the Owner.
B4) Acceptance Tests Report
The Consultant, will prepare acceptance Test Reports which shall contain the entire
individual acceptance test protocols performed for the hydro-electro mechanical
equipment of the complex together with the monitoring records and their interpretation
for the civil works.
B5) Special Reports
The Consultant shall work out special reports in addition to the above stated reports at
the request of the Owner. The Consultant when deemed essential shall prepare reports
that may be required by the Panel of Experts.
B6) Project Final Completion Report
This report will be prepared by the Consultant, describing the whole technical and
financial nature of the Project, events during the period and the lesson(s) obtained
from the execution of the Project.

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2.3.4 Acceptance Certificates

Acceptance certificates will be issued by the Owner at the end of the successful
acceptance tests of each unit and at the commissioning of any facility not related to the
power plant units.
Acceptance committee, consisting of pertinent members from the Owner, the
Consultant, and the Contractor will be set up to fulfill these tasks. In such events the
Consultant is responsible for all preparations and verifications prior to the
commissioning. EEP, who issues these certificates of acceptance, has the mandate to
oversee that the facilities:
 Conform with the approved final design and with the regulations and standards
applicable internationally,
 Can be integrated to the national grid
 Are secured with respect to safety.
6. ORGANISATION OF THE CONSULTANT
The Consultant shall submit its organization, personnel’s qualifications and specific
assignments both at the Project Site and the Home Office. The Consultant shall form a
separate Engineer's team, which comprises specialists, engineers and other pertinent staff
coming from his organization and EEP as well.
6.1 GENERAL
The proposed general organization of the Consultant for the EPC Contract Management
should clearly reflect and show the relationship and communication flow between the
Owner’s Project Coordination Office, the EPC Contractor and the Consultant itself.
The Owner's Project Management Office shall represent the Owner and be accountable to
the Owner’s Generation Program Officer. The Project Office shall liaise between the
Owner, the Contractor, the Consultant, various Governmental and non-Governmental
agencies as well as civil associations pertinent to the Project.
The Consultant shall be in charge of the Project. It shall be responsible for the supervision
and administration of the Project on behalf of the Owner and liaise between the Owner and
the EPC Contractor via the Owner's Project Management Office. The Consultant Site
Manager shall conduct the day-to-day management of the engineering consultancy services
and the performance of the EPC Contractor.
The Consultant’s Home Office shall provide staff mobilization and technical supports as
required and specified in the TOR. The Consultant shall assign a Project Manager to
coordinate these interfaces between the Consultant Site Manager and the Consultant's
Home Office.
6.2 PAYMENT CERTIFICATES
The Contractor shall submit to the Consultant Site Manager at the end of each month a
statement showing the estimated value of the work executed up to the end of the month.
The form of the statement will be in accordance with the standards of the Owner. Together
with the statement, all relevant measurement sheets and quantity schedules shall be
submitted.

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The Consultant Site Manager shall check the statement according to his records, reports,
and observations and agree on possible corrections with the Contractor’s representatives.
Finally the two parties shall update the master copy of progress charts and then submit to
the Project Management Office in Addis Ababa with the signed monthly statement, the
progress charts, the duplicate sheets of the works diary, the monthly site statement of
account, and other supporting documents that are pertinent to the Statement.
EEP shall check the monthly statement endorsed by the Consultant and effect payments
according to the Payment Certificate and Schedule of Payments agreed upon in the EPC
Contract.
In case of disagreement with the Contractor in evaluation of the payments, the Consultant
shall submit only the parts he has accepted to EEP to proceed with the payment processes.
Accepted adjustments shall be entertained in the consecutive monthly payments.
6.3 CERTIFICATE OF COMPLETION
With the prior conformity of the Employer, the Consultant shall prepare and issue
completion certificates for the works, which are completed or substantially completed as
may be agreed upon.
6.4 Training, Local capacity building, and technological transfer
EEP shall provide additional team of experts to work with the consultant. The consultant is
responsible to transfer the required knowledge and competency to the local engineers.
6.4.1 EEP DELEGATES TRAINING AT ABROAD
The EEP has the right to amend essential requirement for the training of EEP’s
personnel in abroad. The bidder shall state the price for five (5) EEP delegates for
fifteen (15) aboard training. The price shall include food, accommodation, incidental
expenses, daily allowance not less than USD 100 per day.

6.4.2 TRAINING OF EEP STAFF AT THE PROJECT SITE

The Consultant shall facilitate the participation of the Owner's staff in all the
activities of the Consultant to provide training and enable transfer of know-how and
technology. The training shall include review of design, on job training, seminars
and others regarding to design, construction management, Project contract
management, Project supervision, trainings on relevant software and any other
relevant subjects related to the execution of the Project. The certification shall be
carried out by certification authority at the time interval agreed during contract
negotiation.
6.5 OTHER DUTIES
The Consultant shall, if requested by the Owner, execute any other duties related to
Koysha Hydroelectric Project and responsibilities that may arise during the course of the
Project Implementation.
7. VEHICLES , OFFICE EQUIPMENTS & PROJECT OFFICE RENT
Requirement of vehicles and camp accommodation except canteen shall be provided by
EEP. However, the stationery & routine maintenance work of office equipment shall be

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provided by the bidder. Bidder also cover project office rent with floor area of 400 meter
square.
8. PROJECT IMPLEMENTATION SCHEDULE
The Consultant shall expedite its assignments, immediately upon signing of the Contract
Agreement with EEP.

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SECTION 7
STANDARD FORMS OF CONTRACT

I. FORM OF CONTRACT
This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the month of
[month], [year], between, on the one hand, [name of client] (hereinafter called the“Client”)
and, on the other hand, [name of Consultant] (hereinafter called the “Consultant”).
[Note: If the Consultant consist of more than one entity, the above should be partially amended
to read as follows: “…(hereinafter called the “Client”) and, on the other hand, a joint
venture/consortium/association consisting of the following entities, each of which will be
jointly and severally liable to the Client for all the Consultant’s obligations under this Contract,
namely, [name of Consultant] and [name of Consultant] (hereinafter called the “Consultant”).]
WHEREAS
(a) the Client has requested the Consultant to provide certain consulting services as defined
in this Contract (hereinafter called the “Services”);
(b) the Consultants, having represented to the Client that he has the required professional
skills, and personnel and technical resources, has agreed to provide the Services on the
terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
b) The General Conditions of Contract;
c) The Special Conditions of Contract;
d) The following Appendices: [Note: If any of these Appendices are not used, the words
“Not Used” should be inserted below, next to the title of the Appendix]
Appendix A: Description of Services
Appendix B: Reporting Requirements
Appendix C: Personnel and Sub- Consultants – Hours of Work for Key Personnel
Appendix D: Cost Estimates in Foreign Currency
Appendix E: Cost Estimates in Local Currency
Appendix F: Duties of the Client
Appendix G: Form of Advance Payments Guarantee

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Appendix H: Form of Performance Security/Guarantee

2. The mutual rights and obligations of the Client and the Consultant 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; and
(b) the Client shall make payments to the Consultant accordance with the provisions of the
Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
For and on behalf of [name of Client]

----------------------------------------------------------------
[Authorized Representative]

For and on behalf of [name of Consultant]

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[Authorized Representative]

[Note: If the Consultant consists of more than one entity, all these entities should appear as
signatories, e.g., in the following manner:]

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

[name of member]

[Authorized Representative]

[name of member]

[Authorized Representative]

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II. GENERAL CONDITIONS OF CONTRACT

1. General Provisions
1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this Contract have
the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the force of law in the
Government’s country, or in such other country as may be specified in the Special
Conditions of Contract (SC), as they may be issued and in force from time to time.
(b) “Bank” means the National Bank for Ethiopia.
(c) “Consultant” means any private or public entity that will provide the Services to the Client
under the Contract.
(d) “Contract” means the Contract signed by the Parties and all the attached documents listed in
its Clause 1, that is these General Conditions (GC), the Special Conditions (SC), and the
Appendices.
(e) “Day” means calendar day.
(f) “Effective Date” means the date on which this Contract comes into force and effect
pursuant to Clause GC 2.1.
(g) “Foreign Currency” means any currency other than the currency of the Client’s country.
(h) “GC” mean these General Conditions of Contract.
(i) “Government” means the Government of the Client’s country.
(j) “Local Currency” means the currency of the Client’s country.
(k) “Member” means any of the entities that make up the joint venture/consortium/association;
and “Members” means all these entities.
(l) “Party” means the Client or the Consultant, as the case may be, and “Parties” means both of
them.
(m)“Personnel” means professionals and support staff provided by the Consultants or by any
Sub- Consultants and assigned to perform the Services or any part thereof; “Foreign
Personnel” means such professionals and support staff who at the time of being so provided
had their domicile outside the Government’s country; “Local Personnel” means such
professionals and support staff who at the time of being so provided had their domicile
inside the Government’s country; and “Key Personnel” means the Personnel referred to in
Clause GC 4.2(a).
(n) “Reimbursable expenses” means all assignment-related costs other than Consultant’s
remuneration.
(o) “SC” means the Special Conditions of Contract by which the GC may be amended or
supplemented.

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(p) “Services” means the work to be performed by the Consultant pursuant to this Contract, as
described in Appendix A hereto.
(q) “Sub- Consultants” means any person or entity to whom/which the Consultant subcontracts
any part of the Services.
(r) “Third Party” means any person or entity other than the Government, the Client, the
Consultant or a Sub- Consultant.
(s) “In writing” means communicated in written form with proof of receipt.
1.2 Relationship between the Parties
Nothing contained herein shall be construed as establishing a relationship of master and
servant or of principal and agent as between the Client and the Consultant. The
Consultant, subject to this Contract, has complete charge of Personnel and Sub-
Consultants, if any, performing the Services and shall be fully responsible for the
Services performed by them or on their behalf hereunder.
1.3 Law Governing Contract
This Contract, its meaning and interpretation, and the relation between the Parties shall
be governed by the Applicable Law.
1.4 Language
This Contract has been executed in the language specified in the SC, which shall be the
binding and controlling language for all matters relating to the meaning or interpretation
of this Contract.
1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices
1.6.1 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 given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or when sent to
such Party at the address specified in the SC.
1.6.2 A Party may change its address for notice hereunder by giving the other Party notice in
writing of such change to the address specified in the SC.
1.7 Location
The Services shall be performed at such locations as are specified in Appendix A hereto
and, where the location of a particular task is not so specified, at such locations, whether
in the Government’s country or elsewhere, as the Client may approve.
1.8 Authority of Member in Charge
In case the Consultant consists of a joint venture/consortium/ association of more than
one entity, the Members hereby authorize the entity specified in the SC to act on their
behalf in exercising all the Consultant’s rights and obligations towards the Client under
this Contract, including without limitation the receiving of instructions and payments
from the Client.
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1.9 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 Consultant may be taken or
executed by the officials specified in the SC.
1.10 Taxes and Duties
The Consultant, Sub- Consultants and Personnel shall pay such indirect taxes, duties,
fees and other impositions levied under the Applicable Law as specified in the SC.
1.11 Fraud and Corruption
I.11.1 Definitions
It is the Employer’s policy to require that the Consultants under this contract observe
the highest standard of ethics during the execution of the Contract. In pursuance of this
policy, the Employer:
(b) Defines, for the purpose of this provision, the terms set forth below as follows:
i. “corrupt practice” means the offering, receiving, or soliciting, directly or indirectly, of
anything of value to influence the action of a public official in the selection process or
in contract execution;
ii. “fraudulent practice” means a misrepresentation or omission of facts in order to
influence a selection process or the execution of a contract;
iii. “collusive practices” means a scheme or arrangement between two or more
Consultants, with or without the knowledge of the Borrower, designed to establish
prices at artificial, noncompetitive levels;
iv. “coercive practices” means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in a procurement process, or
affect the execution of a contract;
1.11.2 Measures to be taken
(c) will sanction a Consultant, including declaring the Consultant ineligible, either
indefinitely or for a stated period of time, to be awarded a contract if it at any time
determines that the Consultant has, directly or through an agent, engaged in corrupt,
fraudulent, collusive or coercive practices in competing for, or in executing, an
Ethiopian Electric Power financed contract;
1.11.3 Commissions and Fees
(d) Will require the successful Consultants to disclose any commissions or fees that may
have been paid or are to be paid to agents, representatives, or commission agents with
respect to the selection process or execution of the contract. The information disclosed
must include at least the name and address of the agent, representative, or commission
agent, the amount and currency, and the purpose of the commission or fee.
2. Commencement, Completion, Modification and Termination of Contract
2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date (the “Effective Date”) of the
Client’s notice to the Consultant instructing the Consultant to begin carrying out the
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Services. This notice shall confirm that the effectiveness conditions, if any, listed in the
SC have been met.
2.2 Termination of Contract for Failure to Become Effective
If this Contract has not become effective within such time period after the date of the
Contract signed by the Parties as specified in the SC, either Party may, by not less than
twenty one (21) days written notice to the other Party, declare this Contract to be null
and void, and in the event of such a declaration by either Party, neither Party shall have
any claim against the other Party with respect hereto.
2.3 Commencement of Services
The Consultant shall begin carrying out the Services not later than the number of days
after the Effective Date specified in the SC.
2.4 Expiration of Contract
Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire at
the end of such time period after the Effective Date as specified in the SC.
2.5 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.
2.6 Modifications or Variations
Any modification or variation of the terms and conditions of this Contract, including
any modification or variation of the scope of the Services, may only be made by written
agreement between the Parties. Pursuant to Clause GC 7.2 here of, however, each Party
shall give due consideration to any proposals for modification or variation made by the
other Party.
2.7 Force Majeure
2.7.1 Definition
(a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the
reasonable control of a Party, is not foreseeable, is unavoidable, and 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.
(b) Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a Party or such Party’s Sub- Consultants or agents or employees,
nor (ii) any event which a diligent Party could reasonably have been expected both to
take into account at the time of the conclusion of this Contract, and avoid or overcome
in the carrying out of its obligations hereunder.

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(c) Force Majeure shall not include insufficiency of funds or failure to make any payment
required hereunder.
2.7.2 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.
2.7.3 Measures to be taken
(a) A Party affected by an event of Force Majeure shall continue to perform its obligations
under the Contract as far as is reasonably practical, and shall take all reasonable measures
to minimize the consequences of any event of Force Majeure.
(b) A Party affected by an event of Force Majeure shall notify the other Party of such event as
soon as possible, and in any case not later than fourteen (14) days following the occurrence of
such event, providing evidence of the nature and cause of such event, and shall similarly give
written notice of the restoration of normal conditions as soon as possible.
(c) 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.
(d) During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Consultant, upon instructions by the Client, shall either:
i. demobilize, in which case the Consultant shall be reimbursed for additional costs they
reasonably and necessarily incurred, and, if required by the Client, in reactivating the
Services; or
ii. Continue with the Services to the extent possible, in which case the Consultant shall
continue to be paid under the terms of this Contract and be reimbursed for additional costs
reasonably and necessarily incurred.
(e) In the case of disagreement between the Parties as to the existence or extent of Force
Majeure, the matter shall be settled according to Clause GC 8.
2.7.4 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.
2.7.5 Payments
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.
2.7.6 Consultation

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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.
2.8 Suspension
The Client may, by written notice of suspension to the Consultant, suspend all payments
to the Consultant hereunder if the Consultant fails to perform any of its obligations under
this Contract, including the carrying out of the Services, provided that such notice of
suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultant
to remedy such failure within a period not exceeding thirty (30) days after receipt by the
Consultant of such notice of suspension.
2.9 Termination
2.9.1 By the Client
The Client may terminate this Contract in case of the occurrence of any of the events
specified in paragraphs (a) through (g) of this Clause GC 2.9.1. In such an occurrence
the Client shall give a not less than thirty (30) days’ written notice of termination to the
Consultants, and sixty (60) days’ in case of the event referred to in (g).
a) If the Consultant fails to remedy a failure in the performance of its obligations
hereunder, as specified in a notice of suspension pursuant to Clause GC 2.8
hereinabove, within thirty (30) days of receipt of such notice of suspension or within
such further period as the Client may have subsequently approved in writing.
b) If the Consultant becomes (or, if the Consultant consists of more than one entity, if
any of its Members becomes) insolvent or bankrupt or enter into any agreements
with their creditors for relief of debt or take advantage of any law for the benefit of
debtors or go into liquidation or receivership whether compulsory or voluntary.
c) If the Consultant fails to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause GC 8 hereof.
d) If the Consultant, in the judgment of the Client, has engaged in corrupt or fraudulent
practices in competing for or in executing this Contract.
e) If the Consultant submits to the Client a false statement which has a material effect
on the rights, obligations or interests of the Client.
f) If, as the result of Force Majeure, the Consultant is unable to perform a material
portion of the Services for a period of not less than sixty (60) days.
g) If the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.
2.9.2 By the Consultant
The Consultant may terminate this Contract, by not less than thirty (30) days’ written notice to
the Client, in case of the occurrence of any of the events specified in paragraphs (a) through (d)
of this Clause GC 2.9.2.
(a) If the Client fails to pay any money due to the Consultant pursuant to this Contract and
not subject to dispute pursuant to Clause GC 8 hereof within forty-five (45) days after
receiving written notice from the Consultant that such payment is overdue.
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(b) If, as the result of Force Majeure, the Consultant is unable to perform a material portion
of the Services for a period of not less than sixty (60) days.
(c) If the Client fails to comply with any final decision reached as a result of arbitration
pursuant to Clause GC 8 hereof.
(d) If the Client is in material breach of its obligations pursuant to this Contract and has not
remedied the same within forty-five (45) days (or such longer period as the Consultant
may have subsequently approved in writing) following the receipt by the Client of the
Consultant’s notice specifying such breach.
2.9.3 Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or upon
expiration of this Contract pursuant to Clause GC 2.4 hereof, 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) the Consultant’s obligation to permit inspection, copying and auditing of their
accounts and records set forth in Clause GC 3.6 hereof, and (iv) any right which a Party may
have under the Applicable Law.
2.9.4 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 Consultant shall, immediately upon dispatch or receipt of such
notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner
and shall make every reasonable effort to keep expenditures for this purpose to a minimum.
With respect to documents prepared by the Consultant and equipment and materials furnished
by the Client, the Consultant shall proceed as provided, respectively, by Clauses GC 3.9 or GC
3.10 hereof.
2.9.5 Payment upon Termination
Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the Client
shall make the following payments to the Consultant:
(a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed prior
to the effective date of termination, and reimbursable expenditures pursuant to Clause
GC 6 hereof for expenditures actually incurred prior to the effective date of termination;
and
(b) Except in the case of termination pursuant to paragraphs (a) through (g) of Clause GC
2.9.1 hereof, reimbursement of any reasonable cost incidental to the prompt and orderly
termination of this Contract including the cost of the return travel of the Personnel and
their eligible dependents.
2.9.6 Disputes about Events of Termination
If either Party disputes whether an event specified in paragraphs (a) through (f) 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 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 Consultant

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3.1 General
3.1.1 Standard of Performance
The Consultant shall perform the Services and carry out their obligations hereunder with all
due diligence, efficiency and economy, in accordance with generally accepted professional
standards and practices, and shall observe sound management practices, and employ
appropriate technology and safe and effective equipment, machinery, materials and methods.
The Consultant shall always act, in respect of any matter relating to this Contract or to the
Services, as faithful adviser to the Client, and shall at all times support and safeguard the
Client’s legitimate interests in any dealings with Sub- Consultants or Third Parties.
3.1.2 Law Governing Services
The Consultant shall perform the Services in accordance with the Applicable Law and shall
take all practicable steps to ensure that any Sub- Consultants, as well as the Personnel of the
Consultant and any Sub- Consultants, comply with the Applicable Law. The Client shall notify
the Consultant in writing of relevant local customs, and the Consultant shall, after such
notification, respect such customs.
3.2 Conflict of Interests
The Consultant shall hold the Client’s interests paramount, without any consideration for future
work, and strictly avoid conflict with other assignments or their own corporate interests.
3.2.1 Consultant Not to Benefit from Commissions Discounts, etc.
(a) The payment of the Consultant pursuant to Clause GC 6 hereof shall constitute the
Consultant’s only payment in connection with this Contract and, subject to Clause GC
3.2.2 hereof, the Consultant shall not accept for its own benefit any trade commission,
discount or similar payment in connection with activities pursuant to this Contract or in
the discharge of its obligations hereunder, and the Consultant shall use its best efforts to
ensure that any Sub- Consultants, as well as the Personnel and agents of either of them,
similarly shall not receive any such additional payment.
(b) Furthermore, if the Consultant, as part of the Services, has the responsibility of advising
the Client on the procurement of goods, works or services, the Consultant shall comply
with the EEP’s applicable procurement guidelines, and shall at all times exercise such
responsibility in the best interest of the Client. Any discounts or commissions obtained
by the Consultant in the exercise of such procurement responsibility shall be for the
account of the Client.
3.2.2 Consultant and Affiliates Not to Engage in Certain Activities
The Consultants agrees that, during the term of this Contract and after its termination,
the Consultant and any entity affiliated with the Consultants, as well as any Sub-
Consultants and any entity affiliated with such Sub- Consultants, shall be disqualified
from providing goods, works or services (other than consulting services) resulting from
or directly related to the Consultants’s Services for the preparation or implementation of
the project.
3.2.3 Prohibition of Conflicting Activities
The Consultants shall not engage, and shall cause their Personnel as well as their Sub-
Consultants and their Personnel not to engage, either directly or indirectly, in any

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business or professional activities that would conflict with the activities assigned to
them under this Contract.
3.3 Confidentiality
Except with the prior written consent of the Client, the Consultants and the Personnel
shall not at any time communicate to any person or entity any confidential information
acquired in the course of the Services, nor shall the Consultant and the Personnel make
public the recommendations formulated in the course of, or as a result of, the Services.
3.4 Liability of the Consultant
Subject to additional provisions, if any, set forth in the SC, the Consultants’ liability
under this Contract shall be provided by the Applicable Law.
3.5 Insurance to be taken out by the Consultant
The Consultant (i) shall take out and maintain, and shall cause any Sub- Consultants to
take out and maintain, at their (or the Sub- Consultants’, as the case may be) own cost
but on terms and conditions approved by the Client, insurance against the risks, and for
the coverage specified in the SC, 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.
3.6 Accounting, Inspection and Auditing
The Consultant (i) shall keep accurate and systematic accounts and records in respect of
the Services hereunder, in accordance with internationally accepted accounting
principles and in such form and detail as will clearly identify all relevant time changes
and costs, and the bases thereof, and (ii) shall periodically permit the Client or its
designated representative, and up to five years from expiration or termination of this
Contract, to inspect the same and make copies thereof as well as to have them audited
by auditors appointed by the Client, if so required by the Client or the Bank as the case
may be.
3.7 Consultant’s Actions Requiring Client’s Prior Approval
The Consultant shall obtain the Client’s prior approval in writing before taking any of
the following actions:
(a) Any change or addition to the Personnel listed in Appendix C.
(b) Subcontracts: the Consultants may subcontract work relating to the Services to an extent
and with such experts and entities as may be approved in advance by the Client.
Notwithstanding such approval, the Consultants shall retain full responsibility for the
Services. In the event that any Sub- Consultants are found by the Client to be
incompetent or incapable in discharging assigned duties, the Client may request the
Consultant to provide a replacement, with qualifications and experience acceptable to the
Client, or to resume the performance of the Services itself.
(c) Any other action that may be specified in the SC.
3.8 Reporting Obligations
The Consultant shall submit to the Client the reports and documents specified in
Appendix B hereto, in the form, in the numbers and within the time periods set forth in

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the said Appendix. Final reports shall be delivered in CD ROM in addition to the hard
copies specified in said Appendix.
3.9 Documents Prepared by the Consultant to be the Property of the Client
All plans, drawings, specifications, designs, reports, other documents and software
prepared by the Consultant for the Client under this Contract shall become and remain
the property of the Client, and the Consultant shall, not later than upon termination or
expiration of this Contract, deliver all such documents to the Client, together with a
detailed inventory thereof. The Consultant may retain a copy of such documents and
software, and use such software for their own use with prior written approval of the
Client. If license agreements are necessary or appropriate between the Consultant and
third parties for purposes of development of any such computer programs, the Consultant
shall obtain the Client’s prior written approval to such agreements, and the Client shall be
entitled at its discretion to require recovering the expenses related to the development of
the program(s) concerned. Other restrictions about the future use of these documents
and software, if any, shall be specified in the SC.
3.10 Equipment, Vehicles and Materials Furnished by the Client
Equipment, vehicles and materials made available to the Consultant by the Client, or
purchased by the Consultant wholly or partly with funds provided by the Client, shall be
the property of the Client and shall be marked accordingly. Upon termination or
expiration of this Contract, the Consultant shall make available to the Client an
inventory of such equipment, vehicles and materials and shall dispose of such
equipment and materials in accordance with the Client’s instructions. While in
possession of such equipment, vehicles and materials, the Consultant, unless otherwise
instructed by the Client in writing, shall insure them at the expense of the Client in an
amount equal to their full replacement value.
3.11 Equipment and Materials Provided by the Consultants
Equipment or materials brought into the Government’s country by the Consultant and
the Personnel and used either for the Project or personal use shall remain the property of
the Consultant or the Personnel concerned, as applicable.
4. Consultants’ Personnel and Sub- Consultants
4.1 General
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
(a) The title, agreed job description, minimum qualification and estimated period of
engagement in the carrying out of the Services of each of the Consultant Lead/Key
Personnel are described in Appendix C. If any of the Lead/Key Personnel has already
been approved by the Client, his/her name is listed as well.
(b) If required to comply with the provisions of Clause GC 3.1.1 hereof, adjustments with
respect to the estimated periods of engagement of Key Personnel set forth in Appendix
C may be made by the Consultant by written notice to the Client, provided (i) that such
adjustments shall not alter the originally estimated period of engagement of any
individual by more than 10% or one week, whichever is larger, and (ii) that the
aggregate of such adjustments shall not cause payments under this Contract to exceed
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the ceilings set forth in Clause GC 6.1(b) of this Contract. Any other such adjustments
shall only be made with the Client’s written approval.
(c) If additional work is required beyond the scope of the Services specified in Appendix
A, the estimated periods of engagement of Key Personnel set forth in Appendix C may
be increased by agreement in writing between the Client and the Consultant. In case
where payments under this Contract exceed the ceilings set forth in Clause GC 6.1(b) of
this Contract, this will be explicitly mentioned in the agreement.
4.3 Approval of Personnel
The Key Personnel and Sub- Consultants listed by title as well as by name in Appendix
C are hereby approved by the Client. In respect of other Personnel which the
Consultant proposes to use in the carrying out of the Services, the Consultant shall
submit to the Client for review and approval a copy of their Curricula Vitae (CVs). If
the Client does not object in writing (stating the reasons for the objection) within
twenty-one (21) days from the date of receipt of such CVs, such Personnel shall be
deemed to have been approved by the Client.
4.4 Working Hours, Overtime, Leave, etc.
(a) Working hours and holidays for Key Personnel are set forth in Appendix C hereto. To
account for travel time, Foreign Personnel carrying out Services inside the Client’s
country shall be deemed to have commenced, or finished work in respect of the
Services such number of days before their arrival in, or after their departure from the
Client’s country as is specified in Appendix C hereto.
(b) The Key Personnel shall not be entitled to be paid for overtime nor to take paid sick
leave or vacation leave except as specified in Appendix C hereto, and except as
specified in such Appendix, the Consultant’s remuneration shall be deemed to cover
these items. All leave to be allowed to the Personnel is included in the staff-months of
service set forth in Appendix C. Any taking of leave by Personnel shall be subject to
the prior approval by the Consultant who shall ensure that absence for leave purposes
will not delay the progress and adequate supervision of the Services.
4.5 Removal and/or Replacement of Personnel
(a) Except as the Client may otherwise agree, no changes shall be made in the Personnel.
If, for any reason beyond the reasonable control of the Consultant, such as retirement,
death, medical incapacity, among others, it becomes necessary to replace any of the
Personnel, the Consultant shall forthwith provide as a replacement a person of
equivalent or better qualifications.
(b) If the Client (i) finds that any of the Personnel has committed serious misconduct or has
been charged with having committed a criminal action, or (ii) has reasonable cause to
be dissatisfied with the performance of any of the Personnel, then the Consultant shall,
at the Client’s written request specifying the grounds therefore, forthwith provide as a
replacement a person with qualifications and experience acceptable to the Client.
(c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above, as
well as any reimbursable expenditures (including expenditures due to the number of
eligible dependents) the Consultants may wish to claim as a result of such replacement,
shall be subject to the prior written approval by the Client. The rate of remuneration
applicable to a replacement person will be obtained by multiplying the rate of
remuneration applicable to the replaced person by the ratio between the monthly salary
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to be effectively paid to the replacement person and the average salary effectively paid
to the replaced person in the period of six months prior to the date of replacement.
Except as the Client may otherwise agree, (i) the Consultant shall bear all additional
travel and other costs arising out of or incidental to any removal and/or replacement,
and (ii) the remuneration to be paid for any of the Personnel provided as a replacement
shall not exceed the remuneration which would have been payable to the Personnel
replaced.
4.6 Resident Project Manager
If required by the SC, the Consultant shall ensure that at all times during the
Consultant’s performance of the Services in the Government’s country a resident project
manager, acceptable to the Client, shall take charge of the performance of such Services.
5. Obligations of the Client
5.1 Assistance and Exemptions
Unless otherwise specified in the SC, the Client shall use its best efforts to ensure that
the Government shall:
(a) Provide the Consultant, Sub- Consultants and Personnel with work permits and such other
documents as shall be necessary to enable the Consultant, Sub- Consultants or Personnel
to perform the Services.
(b) Arrange for the Personnel and, if appropriate, their eligible dependents to be provided
promptly with all necessary entry and exit visas, residence permits, exchange permits and
any other documents required for their stay in the Government’s country.
(c) Facilitate prompt clearance through customs of any property required for the Services and
of the personal effects of the Personnel and their eligible dependents.
(d) Issue to officials, agents and representatives of the Government all such instructions as
may be necessary or appropriate for the prompt and effective implementation of the
Services.
(e) Exempt the Consultant and the Personnel and any Sub- Consultants employed by the
Consultant for the Services from any requirement to register or obtain any permit to
practice their profession except work permit indicated in paragraph (a) or to establish
them selves either individually or as a corporate entity according to the Applicable Law.
(f) Grant to the Consultant, any Sub- Consultants and the Personnel of either of them the
privilege, pursuant to the Applicable Law, of bringing into the Government’s country
reasonable amounts of foreign currency for the purposes of the Services or for the
personal use of the Personnel and their dependents and of withdrawing any such amounts
as may be earned therein by the Personnel in the execution of the Services.
(g) Provide to the Consultants, Sub- Consultants and Personnel any such other assistance as
may be specified in the SC.
5.2 Access to Land
The Client warrants that the Consultants shall have, free of charge, unimpeded access to
all land in the Government’s country in respect of which access is required for the
performance of the Services. The Client will be responsible for any damage to such
land or any property thereon resulting from such access and will indemnify the

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Consultants and each of the Personnel in respect of liability for any such damage, unless
such damage is caused by the default or negligence of the Consultants or any Sub-
Consultants or the Personnel of either of them.
5.3 Changes in the Applicable Law Related to Taxes and Duties
If, after the date of this Contract, there is any change in the Applicable Law or in
interpretation through jurisprudence in the Government’s country thereof with respect
to taxes and duties which increases or decreases the cost incurred by the Consultant in
performing the Services, then the remuneration and reimbursable expenses otherwise
payable to the Consultant under this Contract shall be increased or decreased
accordingly by agreement between the Parties hereto, and corresponding adjustments
shall be made to the ceiling amounts specified in Clause GC 6.1(b).
5.4 Services, Facilities and Property of the Client
(a) The Client shall make available to the Consultant and the Personnel, for the purposes of
the Services and free of any charge, the services, facilities and property described in
Appendix F at the times and in the manner specified in said Appendix F.
(b) In case that such services, facilities and property shall not be made available to the
Consultant as and when specified in Appendix F, the Parties shall agree on (i) any time
extension that it may be appropriate to grant to the Consultant for the performance of
the Services, (ii) the manner in which the Consultant shall procure any such services,
facilities and property from other sources, and (iii) the additional payments, if any, to be
made to the Consultant as a result thereof pursuant to Clause GC 6.1(c) hereinafter.
5.5 Payment
In consideration of the Services performed by the Consultant under this Contract, the
Client shall make to the Consultant such payments and in such manner as is provided by
Clause GC 6 of this Contract.
5.6 Counterpart Personnel
(a) The Client shall make available to the Consultant free of charge such professional and
support counterpart personnel, to be nominated by the Client with the Consultant’s
advice, if specified in Appendix F.
(b) If counterpart personnel are not provided by the Client to the Consultant as and when
specified in Appendix F, or as replacement pursuant to 5.6(a) above the Client and the
Consultant shall agree on (i) how the affected part of the Services shall be carried out,
and (ii) the additional payments, if any, to be made by the Client to the Consultant as a
result thereof pursuant to Clause GC 6.1(c) hereof.
(c) Professional and support counterpart personnel, excluding Client’s liaison personnel,
shall work under the exclusive direction of the Consultant. If any member of the
counterpart personnel fails to perform adequately any work assigned to such member by
the Consultant that is consistent with the position occupied by such member, the
Consultant may request the replacement of such member, and the Client shall not
unreasonably refuse to act upon such request.
6. Payments to the Consultant
6.1 Cost Estimates; Ceiling Amount

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(a) An estimate of the cost of the Services payable in foreign currency is set forth in Appendix
D. An estimate of the cost of the Services payable in local currency is set forth in Appendix
E.
(b) Except as may be otherwise agreed under Clause GC 2.6 and subject to Clause GC
6.1(c), payments under this Contract shall not exceed the ceilings in foreign currency
and in local currency specified in the SC.
(c) Notwithstanding Clause GC 6.1(b) hereof, if pursuant to any of the Clauses GC 5.3, 5.4
or 5.6 hereof, the Parties shall agree that additional payments in local and/or foreign
currency, as the case may be, shall be made to the Consultant in order to cover any
necessary additional expenditures not envisaged in the cost estimates referred to in
Clause GC 6.1(a) above, the ceiling or ceilings, as the case may be, set forth in Clause
GC 6.1(b) above shall be increased by the amount or amounts, as the case may be, of
any such additional payments.
6.2 Remuneration and Reimbursable Expenses
(a) Subject to the ceilings specified in Clause GC 6.1(b) hereof, the Client shall pay to the
Consultant (i) remuneration as set forth in Clause GC 6.2(b) hereunder, and (ii)
reimbursable expenses as set forth in Clause GC 6.2(c) hereunder. Unless otherwise
specified in the SC, said remuneration shall be fixed for the duration of the Contract.
(b) Payment for the Personnel shall be determined on the basis of time actually spent by
such Personnel in the performance of the Services after the date determined in
accordance with Clause GC 2.3 and Clause SC 2.3 (or such other date as the Parties
shall agree in writing), at the rates referred to in Clause SC 6.2(b), and subject to price
adjustment, if any, specified in Clause SC 6.2(a).
(c) Reimbursable expenses actually and reasonably incurred by the Consultant in the
performance of the Services, as specified in Clause SC 6.2(c).
(d) The remuneration rates referred to under paragraph (b) here above shall cover: (i) such
salaries and allowances as the Consultant shall have agreed to pay to the Personnel as
well as factors for social charges and overhead (bonuses or other means of profit-
sharing shall not be allowed as an element of overhead), (ii) the cost of backstopping by
home office staff not included in the Personnel listed in Appendix C, and (iii) the
Consultant’s fee.
(e) Any rates specified for Personnel not yet appointed shall be provisional and shall be
subject to revision, with the written approval of the Client, once the applicable salaries
and allowances are known.
(f) Payments for periods of less than one month shall be calculated on an hourly basis for
actual time spent in the Consultant’s home office and directly attributable to the
Services (one hour being equivalent to 1/176th of a month) and on a calendar-day basis
for time spent away from home office (one day being equivalent to 1/30th of a month).
6.3 Currency of Payment
Foreign currency payments shall be made in the currency or currencies specified in the
SC, and local currency payments shall be made in the currency of the Client’s country.
6.4 Mode of Billing and Payment
Billings and payments in respect of the Services shall be made as follows:
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(a) Within the number of days after the Effective Date specified in the SC, the Client shall
cause to be paid to the Consultant advance payments in foreign currency and in local
currency as specified in the SC. When the SC indicate advance payment, this will be due
after provision by the Consultant to the Client of an advance payment guarantee
acceptable to the Client in an amount (or amounts) and in a currency (or currencies)
specified in the SC. Such guarantee (i) to remain effective until the advance payment
has been fully set off, and (ii) to be in the form set forth in Appendix G hereto, or in
such other form as the Client shall have approved in writing. The advance payments will
be set off by the Client in equal installments against the statements for the number of
months of the Services specified in the SC until said advance payments have been fully
set off.
(b) As soon as practicable and not later than fifteen (15) days after the end of each calendar
month during the period of the Services, or after the end of each time intervals
otherwise indicated in the SC, the Consultant shall submit to the Client, in duplicate,
itemized statements, accompanied by copies of invoices, vouchers and other appropriate
supporting materials, of the amounts payable pursuant to Clauses GC 6.3 and GC 6.4
for such month, or any other period indicated in the SC. Separate statements shall be
submitted in respect of amounts payable in foreign currency and in local currency.
Each statement shall distinguish that portion of the total eligible costs which pertains to
remuneration from that portion which pertains to reimbursable expenses.
(c) The Client shall pay the Consultant’s statements within sixty (60) days after the receipt
by the Client of such statements with supporting documents. Only such portion of a
statement that is not satisfactorily supported may be withheld from payment. Should
any discrepancy be found to exist between actual payment and costs authorized to be
incurred by the Consultant, the Client may add or subtract the difference from any
subsequent payments. Interest at the annual rate specified in the SC shall become
payable as from the above due date on any amount due by, but not paid on, such due
date.
(d) The final payment under this Clause shall be made only after the final report and a final
statement, identified as such, shall have been submitted by the Consultant and approved as
satisfactory by the Client. The Services shall be deemed completed and finally accepted by
the Client and the final report and final statement shall be deemed approved by the Client as
satisfactory ninety (90) calendar days after receipt of the final report and final statement by
the Client unless the Client, within such ninety (90) day period, gives written notice to the
Consultant specifying in detail deficiencies in the Services, the final report or final
statement. The Consultant shall thereupon promptly make any necessary corrections,
and thereafter the foregoing process shall be repeated. Any amount, which the Client
has paid or caused to be paid in accordance with this Clause in excess of the amounts
actually payable in accordance with the provisions of this Contract, shall be reimbursed
by the Consultant to the Client within thirty (30) days after receipt by the Consultant of
notice thereof. Any such claim by the Client for reimbursement must be made within
twelve (12) calendar months after receipt by the Client of a final report and a final
statement approved by the Client in accordance with the above.
(e) All payments under this Contract shall be made to the accounts of the Consultant
specified in the SC.
(f) Payments in respect of remuneration or reimbursable expenses, which exceed the cost
estimates for these items as set forth in Appendices D and E, may be charged to the

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respective contingencies provided for foreign and local currencies only if such
expenditures were approved by the Client prior to being incurred.
(g) With the exception of the final payment under (d) above, payments do not constitute
acceptance of the Services nor relieve the Consultant of any obligations hereunder.
7. Fairness and Good Faith
7.1 Good Faith
The Parties undertake to act in good faith with respect to each other’s rights under this
Contract and to adopt all reasonable measures to ensure the realization of the objectives
of this Contract.

7.2 Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties hereby
agree that it is their intention that this Contract shall operate fairly as between them, and
without detriment to the interest of either of them, and that, if during the term of this
Contract either Party believes that this Contract is operating unfairly, the Parties will
use their best efforts to agree on such action as may be necessary to remove the cause or
causes of such unfairness, but no failure to agree on any action pursuant to this Clause
shall give rise to a dispute subject to arbitration in accordance with Clause GC 8 hereof.
8. Settlement of Disputes
8.1 Amicable Settlement
If either Party objects to any action or inaction of the other Party, the objecting Party
may file a written Notice of Dispute to the other Party providing in detail the basis of
the dispute. The Party receiving the Notice of Dispute will consider it and respond in
writing within 14 days after receipt. If that Party fails to respond within 14 days, or the
dispute cannot be amicably settled within 14 days following the response of that Party,
Clause GC 8.2 shall apply.
8.2 Dispute Resolution
Any dispute between the Parties as to matters arising pursuant to this Contract that
cannot be settled amicably according to Clause GC 8.1 may be submitted by either
Party for settlement in accordance with the provisions specified in the SC.

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III. SPECIAL CONDITIONS OF CONTRACT

(Clauses in brackets { } are optional; all notes should be deleted in final text)

Number of Amendments of, and Supplements to, Clauses in the General Conditions of
Contract
GC Clause

{1.1(a)} {The words “in the Government’s country” are amended to read “in
Ethiopia.”}

1.4 The language is English.

1.6 The addresses are:

Client : Ethiopian Electric Power (EEP), Head Office,
Meba Building, Beside AAU College of Commerce,
Behind Awash-International Bank Head Quarter
Procurement Office, Ground Floor
Tel: +251-115-580781
Addis Ababa, Ethiopia

Notice will be deemed effective as follows

 Personal delivery or registered mail on delivery;
 In case of facsimile, Monday to Friday( working hours local time of the
receiver following confirmed transmission

{1.8} {The Member in Charge is [insert name of member]}

The consultant shall form a joint Venture/ Association with Ethiopian Local
consultant with a share provision of 50% in terms of man-months.

1.9 The Authorized Representatives are:

For the Client :
Attn: Mrs. Azeb Asnake
CEO of EEP
Ethiopian Electric Power (EEP), Head Office,
Meba Building, Beside AAU College of Commerce,
Behind Awash-International Bank Head Quarter

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Tel: +251-115-580607
Addis Ababa, Ethiopia
For the Consultant:______________________________

1.10 (a) The Consultant, its sub Consultants, and expatriate will be subjected
to pay any local cost of taxes, duties and fees levied in Ethiopia, in this case
the Consultant will pay the taxes, duties and fees then reimbursed out-
rightly by client.
(b) any equipment, materials and supplies brought into Ethiopia by the
Consultants or Sub- Consultants for the purpose of carrying out the Services
and which, after having been brought into such territories, will be
subsequently withdrawn there from by them;

{2.1} The Effective date shall be the notice to commence services issued by the
Client.

2.2 The time period shall be six months.

2.3 The time period shall be 21 days

2.4 Consultants shall base their proposal upon 63 months period b/n award and
completion plus one year defects liability period.

2.6 The modification of the terms and conditions of this Contract, including any
modification of the scope and duration of the services, and its
implementation by the parties may only be made by prior written agreement
between the parties. Pursuant to Clause GC 7.2 hereof, however, each party
shall give due consideration to any proposal for modification made by the
other party.

2.9.2 (a) If the client fails to pay any money due to the Consultant pursuant to this
contract and not subject to dispute pursuant to Clause GC 8 hereof,
including any amounts due to the Consultant for tax adjustments as set forth
in SC.1.10, within forty-five (45) days after receiving written notice from
the Consultant that such payment is overdue;

{3.4} i. The Client shall keep the Consultant and its personnel and the sub-
Consultants harmless from any claims, in connection with damage to
property of third parties on account of acts or omissions of the Consultant,

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its personnel or its sub- Consultants in the performance of the Consultants’s

services hereunder and any liability resulting from such acts or omissions,
except where such liability arises from the negligent act or willful
misconduct of the Consultants or its personnel or sub Consultants and shall
be responsible for dealing with, and defending the Consultants, its
personnel or its sub Consultants against such claims before the courts of
Ethiopia.

ii. The Consultant shall be liable for any other claims that may arise from
willful misconduct and/or negligent act or omission of itself or its sub
Consultants and their personnel in the performance of the services
hereunder; however, the total amount of the damage that the Consultant
may pay shall not exceed the contract price.
iii. The Consultant shall be liable for any violation of legal provisions or
rights of third parties in respect of patents and/or copyrights introduced into
documents prepared by him.
iv. Notwithstanding the forgoing provision, the Consultant shall at its own
cost, draw and maintain professional liability insurance coverage. This
professional liability would be limited to two times professional fees due
under the contract.
v. The Consultant’s liability shall cease after two year following completion
of services.

3.5 The risks and the coverage shall be applicable as per the Ethiopian
Insurance policy procedure:
(a) Third Party motor vehicle liability insurance in respect of motor
vehicles operated in the Government’s country by the Consultant or its
Personnel or any Sub- Consultants or their Personnel, with a minimum
coverage of [insert amount and currency];
(b) Third Party liability insurance, with a minimum coverage of [insert
amount and currency];
(c) professional liability insurance, with a minimum coverage of [insert
amount and currency];
(d) employer’s liability and workers’ compensation insurance in respect
of the Personnel of the Consultant and of any Sub- Consultants, in
accordance with the relevant provisions of the Applicable Law, as well as,
with respect to such Personnel, any such life, health, accident, travel or
other insurance as may be appropriate; and
(e) insurance against loss of or damage to (i) equipment 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.

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{3.9} The Consultant shall not use these documents and software for purposes
unrelated to this Contract without the prior written approval of the Client,
except for normal promotional activities.

4.2(b) The Consultant is allowed to modify by not more than 25% of the original
man-month allocation indicated in the proposed manning schedule, by re-
arranging assignments among the various experts to better suit the project
needs, provided the total ceiling of the contract is not exceeded. Changes
above 25% and introduction of new “positions” can be authorized by the
Employer to follow the project needs.

6.1(b) The ceiling in foreign currency or currencies is: USD 75%

6.2(b) The rates for Foreign Personnel are set forth in Appendix D, and the rates
for Local Personnel are set forth in Appendix E.

6.2(c) The Reimbursable expenses to be paid in foreign currency are set forth in
Appendix D, and the Reimbursable expenses to be paid in local currency
are set forth in Appendix E.

6.3 The foreign currency [currencies] shall be the following:

(i) [USD $] or [EURO €]

6.4(a) Note: The advance payment is not applicable in this consultancy service.
The advance payment could be in either the foreign currency, or the local
currency, or both; select the correct wording in the Clause here below.
The following provisions shall apply to the advance payment and the
advance payment guarantee:
(1) An advance payment [of [insert amount] in foreign currency] [and of
[insert amount] in local currency] shall be made within [insert number]
days after the Effective Date. The advance payment will be set off by the
Client in equal installments against the statements for the first [insert
number] months of the Services until the advance payment has been fully
set off.
(2) The advance payment guarantee shall be in the amount and in the
currency of the [foreign] [local] currency portion of the advance payment.

6.4(c) The interest rate for payment to be made in USD is as per the annual
discount rate published the Consultant’s country central Bank lending rate

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plus 1% but for the local (Birr) it is as per the annual rate published by the
Commercial Bank of Ethiopia.

6.4(e) The accounts are:

for foreign currency: USD $
for local currency: Birr

8.2 Disputes shall be settled by arbitration in accordance with the following

provisions:
1. Any dispute arising between the parties concerning this agreement
or the rights and duties of either party in relation thereto shall first be
submitted to a panel consisting of at least one authorized representative of
each party who shall have the authority to enter into an agreement to resolve
the dispute. The dispute settlement shall be conducted in good faith, either
physically or electronically, with two months of request by either party. No
written, verbal or electronic representation made by either party during the
course of any panel proceeding or other settlement negotiations shall be
deemed to be a party admission.

2. If the panel fails to convene within two months, or if the panel is

unable to reach resolution of the dispute, then either party may submit the
dispute for binding arbitration. The terms of this agreement shall be
governed by and interpreted in accordance with the laws of Ethiopia and the
parties agree to submit to arbitration in a neutral location under the rules of
the Chartered Institute of Arbitrators in force for the being and are deemed
to have been incorporated by the reference of this clause. The language of
the arbitration proceedings shall be English only. The arbitration decision
shall be final and binding on both parties. Each party may for execution of
the decision in any competent court. None of the parties shall be relived
from any of its obligation contained in this agreement by reason of
arbitration proceedings having been initiated.

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Model Form I

See Note to Form on Clause SC 6.2(b)(ii)

Breakdown of Agreed Fixed Rates in Consultant’s Contract
We hereby confirm that we have agreed to pay to the staff members listed, who will be involved in
this assignment, the basic salaries and away from headquarters allowances (if applicable) indicated
below:
(Expressed in [insert name of currency])

Personnel 1 2 3 4 5 6 7 8

Agreed Fixed Rate

Agreed Fixed Rate

Month/Day/Hour1
Month/Day/Hour
Month/Day/Year
Basic Salary per

Social Charges1

Headquarters

per Working

per Working
Away from
Overhead1
Working

Subtotal
Position
Name

Home Office

Field

1. Expressed as percentage of 1
2. Expressed as percentage of 4

__________________________________ __________________________
Signature Date

Name: _____________________________

Title: ______________________________

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IV. APPENDICES
Appendix A – Description of Services

Note: This Appendix will include the final Terms of Reference worked out by the Client and the
Consultants during technical negotiations, dates for completion of various tasks, place of
performance for different tasks, specific tasks to be approved by Client, etc.
Appendix B - Reporting Requirements
Note: List format, frequency, and contents of reports; persons to receive them; dates of
submission; etc. If no reports are to be submitted, state here “Not applicable.”
Appendix C - Key Personnel and Sub- Consultants - Hours of Work for Key Personnel
Note: List under:
C-1 Titles [and names, if already available], detailed job descriptions and minimum
qualifications of Key foreign Personnel to be assigned to work in the Government’s country,
and staff-months for each.
C-2 Same information as C-1 for Key local Personnel.
C-3 Same as C-1 for Key Personnel to be assigned to work outside the Government’s
country.
C-4 List of approved Sub- Consultants (if already available); same information with respect
to their Personnel as in C-1 through C-3.
List here the hours of work for Key Personnel; travel time to and from the country of the
Government for Foreign Personnel (Clause GC 4.4(a)); entitlement, if any, to overtime pay, sick
leave pay, vacation leave pay, etc.

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Appendix D - Cost Estimates in Foreign Currency

Note: List hereunder cost estimates in foreign currency:
1. (a) Monthly rates for Foreign Personnel (Key Personnel and other Personnel)
(b) Monthly rates for local Personnel (Key Personnel and other Personnel).
(This should be added if local Personnel is also being paid in foreign currency)
2. Reimbursable expenses (items that are not applicable should be deleted; others may be added):
a) Per diem allowances for each of the Foreign or Local Personnel for every day in which
such Personnel shall be absent from his home office and shall be outside the Client’s
country.
b) Air transport for Foreign Personnel:
i. the cost of international transportation of the foreign Personnel by the most
appropriate means of transport and the most direct practicable route to and
from the Consultants’ home office; in the case of air travel, this shall be by less
than first class;
ii. for any foreign Personnel spending twenty-four (24) consecutive months or more
in the Client’s country, one extra round trip will be reimbursed for every twenty-
four (24) months of assignment in the Client’s country. Such Personnel will be
entitled to such extra round trip only if upon their return to the Client’s country,
such Personnel are scheduled to serve for the purposes of the Project for a
further period of not less than six (6) consecutive months.
c) Miscellaneous travel expenses
i. for the air travel of each of the Foreign Personnel:
ii. the fixed unit price per round trip for miscellaneous travel expenses such as the
cost of transportation to and from airports, airport taxes, passport, visas, travel
permits, vaccinations, etc.
d) International communications: the cost of communications (other than those arising in
the Client’s country) reasonably required by the Consultant for the purposes of the
Services.
e) The cost of printing, reproducing and shipping of the documents, reports, drawings, etc.
f) The cost of acquisition, shipment and handling of the following equipment, instruments,
materials and supplies required for the Services, to be imported by the Consultant and to
be paid for by the Client (including transportation to the Client’s country).
g) The cost of transport of personal effects.
h) The rate for the programming and use of, and communication between, the computers for
the purpose of the Services.
i) The cost of laboratory tests on materials, model tests and other technical services
authorized or requested by the Client.

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j) The foreign currency cost of any subcontract required for the Services and approved in
writing by the Client.
k) The cost of training of the Client’s personnel outside the Client’s country as specified in
the TOR.
l) The cost of such further items not covered in the foregoing but which may be required
by the Consultant for the purpose of the Services, subject to the prior authorization in
writing by the Client.

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Appendix E - Cost Estimates in Local Currency

Note: List hereunder cost estimates in local currency:
1. Monthly rates for local Personnel (Key Personnel and other Personnel)
2. Reimbursable expenses (items that are not applicable should be deleted; others may be
added):
(a) Per diem rates for subsistence allowance for Foreign short-term Personnel:
(i) per diem allowance in local currency equivalent to [name agreed foreign currency
specified in Clause SC 6.1(b)] per day, plus estimated totals, for each of the short-
term Foreign Personnel (i.e., with less than twelve (12) months consecutive stay in
the Client’s country) for the first ninety (90) days during which such Personnel
shall be in the Client’s country;
(ii) per diem allowance in local currency equivalent to [name agreed foreign currency
specified in Clause SC 6.1(b)] per day, plus estimated totals, for each of the short-
term Foreign Personnel for each day in excess of ninety (90) days during which
such Personnel shall be in the Client’s country.
(b) Per diem allowance for each of the long-term Foreign Personnel (twelve (12) months or
longer consecutive stay in the Client’s country, plus estimated totals.
(c) The cost of local transportation.
(d) The cost of the following locally procured items: office accommodations, camp
facilities, camp services, subcontracted services, soil testing, equipment rentals,
supplies, utilities and communication charges arising in the Client’s country, all if and
to the extent required for the purpose of the Services.
(e) The cost of equipment, materials and supplies to be procured locally in the Client’s
country.
(f) The local currency cost of any subcontract required for the Services and approved in
writing by the Client.
(g) The cost of training of Client’s staff in the Client’s country, if training is a major
component of the assignment, specified as such in the TOR.
(h) The cost of such further items not covered in the foregoing but which may be required
by the Consultant for the purpose of the Services, as agreed in writing by the Client.

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Appendix F - Duties of the Client

Note: List under:
F-1 vehicle & camp accommodation except canteen, facilities and property to be made
available to the Consultant by the Client.
F-2 Professional and support counterpart personnel to be made available to the Consultant by
the Client.

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Appendix G - Form of Advance Payments Guarantee

Note: See Clause GC 6.4(a) and Clause SC 6.4(a).
Bank Guarantee for Advance Payment
_____________________________ [Bank’s Name, and Address of Issuing Branch or Office]
Beneficiary: _________________ [Name and Address of Client]
Date: ________________
ADVANCE PAYMENT GUARANTEE No.: _________________
We have been informed that ____________ [name of Consulting Firm] (hereinafter called "the
Consultants ") has entered into Contract No. _____________ [reference number of the
contract] dated ____________ with you, for the provision of __________________ [brief
description of Services] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an advance
payment in the sum of ___________ [amount in figures] ( ) [amount in words] is
to be made against an advance payment guarantee.
At the request of the Consultants, we _______________ [name of Bank] hereby irrevocably
undertake to pay you any sum or sums not exceeding in total an amount of ___________
[amount in figures] ( ) [amount in words]1 upon receipt by us of your first
demand in writing accompanied by a written statement stating that the Consultants are in
breach of their obligation under the Contract because the Consultants have used the advance
payment for purposes other than toward providing the Services under the Contract.
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Consultants 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 Consultants as indicated in copies of certified monthly
statements which shall be presented to us. This guarantee shall expire, at the latest, upon our
receipt of the monthly payment certificate indicating that the Consultants have made full
repayment of the amount of the advance payment, or on the __ day of ___________, 2___, 2
whichever is earlier. Consequently, any demand for payment under this guarantee must be
received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
758.
[signature(s)]

1
2

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Appendix H - Form of Performance Security/Guarantee

Ref. No.______________________________

To:__________________________________

WHEREAS (hereinafter “the Consultant”) has undertaken, pursuant to Contract No. dated ,
to consult (hereinafter “the Contract”).

AND WHEREAS it has been stipulated by you in the aforementioned Contract that the
Consultant shall furnish you with a security issued by a reputable guarantor for the sum
specified therein as security for compliance with the Consultant’s performance obligations in
accordance with the Contract.

AND WHEREAS the undersigned , legally domiciled in [insert complete address of Guarantor],
(hereinafter the” Guarantor”), have agreed to give the Consultant a security:

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of
the Consultant, up to a total of and we undertake to pay you, upon your first written demand
declaring the Consultant to be in default under the Contract, without cavil or argument, any
sum or sums within the limits of as aforesaid, without your needing to prove or to show
grounds or reasons for your demand or the sum specified therein.

This security is valid until the day of , .

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No
458.

Name:
In the capacity of

Signed:

Duly authorized to sign the Security for and on behalf of:

Dated on [insert day] day of ], 20
…..

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