Tender Document for
Consultancy Services for Scoping & Design Phase:
Accelerating Trade in West Africa (ATWA)
Reference file number: j.no. 2014 – 19862
October/2014
Tender for Consultancy Services for Scoping & Design Phase: Accelerating Trade in West Africa (ATWA)
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INSTRUCTIONS TO TENDERERS .................................................................................................................................................... 3#
1.#
Introduction ................................................................................................................................................................................... 3#
2.#
Eligibility of the Tenderer ............................................................................................................................................................ 3#
3.#
The Tender Dossier ...................................................................................................................................................................... 4#
4.#
Preparation of the Tender............................................................................................................................................................ 5#
5.#
Submission of the Tender ............................................................................................................................................................ 6#
6.#
Tender Opening ............................................................................................................................................................................ 7#
7.#
Tender Evaluation ......................................................................................................................................................................... 8#
8.#
Award .............................................................................................................................................................................................. 9#
CRITERIA AND METHOD OF EVALUATION ........................................................................................................................... 11#
LETTER OF TENDER........................................................................................................................................................................... 13#
SCHEDULES OF TENDER ................................................................................................................................................................. 19#
AGREEMENT .......................................................................................................................................................................................... 28#
GENERAL CONDITIONS ................................................................................................................................................................... 31#
PARTICULAR CONDITIONS ............................................................................................................................................................. 32#
APPENDIX 1 - SCOPE OF SERVICES ............................................................................................................................................. 42#
APPENDIX 2 – PERSONNEL, EQUIPMENT, FACILITIES AND SERVICES OF OTHERS .......................................... 53#
APPENDIX 3 - REMUNERATION AND PAYMENT.................................................................................................................. 54#
APPENDIX 4 - FORM OF ADVANCE PAYMENT SECURITY ............................................................................................... 66#
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INSTRUCTIONS TO TENDERERS
1.
Introduction
1.1
These Instructions to Tenderers relate to a Contract Notice published on TED (Tenders
Electronic Daily), the online version of the 'Supplement to the Official Journal of the European
Union', dedicated to European public procurement.
1.2
The Tender Dossier comprises:
The Tender Dossier, as issued to each prospective Tenderer comprises:
(i)
Instructions to Tenderers and Criteria and Method of Evaluation.
(ii)
Forms for Letter of Tender and Schedules of Tender (Tenderer's Technical Schedules and
Schedule of Prices).
(iii)
Agreement, General Conditions, Particular Conditions Parts A and B, Appendix 1 – Scope
of Services, Appendix 2 - Personnel , Equipment, Facilities and Services of Others, and
Appendix 3 - Remuneration and Payment, the latter comprising Schedule of Prices, Terms
of Remuneration, Conditions for Project-related Expenses, and Terms of Payment.
The Instructions to Tenderers prescribe the procedures to be followed until the Client either
enters into an agreement with the Tenderer or advises him that the Client does not intend to do
so. These Instructions should not form any part of the Tenderer's Tender.
1.3
The Tenderer shall bear all costs incurred in the preparation and submission of its Tender,
including visits, interviews, meetings of clarifications and other actions mentioned in or implied
by these Instructions. The Client will not be responsible or liable for such costs, regardless of the
conduct or outcome of the tendering process.
1.4
The Client will enter into a contract with the eligible Tenderer having presented the most
economically advantageous Tender based on the established Criteria and the Method of
Evaluation.
The Client reserves the right to cancel the contract award procedure due to any objective reason,
without incurring liability to any Tenderer and the Tenderers being entitled to claim any
compensation. If a contract award procedure is cancelled, all Tenderers will be notified as soon as
possible in writing of the objective reasons for the cancellation.
1.5
Tender procedures are subject to the law of Denmark and the rules applicable hereunder.
2.
Eligibility of the Tenderer
2.1
The Tenderer shall notify the Client, as soon as practicable, of any change in the information
submitted, including changes in the composition of the Tenderer or the legal status and place of
establishment, on grounds for exclusion, potential conflicts of interest, economic and financial
situation, and technical capability/capacity of the Tenderer or its members.
Any change in the composition of the Tenderer will at the discretion of the Client lead to
disqualification of the Tenderer from participation in the Tender and award of contract.
2.2
If the Tenderer is a joint venture, consortium or other unincorporated grouping of two or more
entities (here called a Joint Venture) the following shall apply:
(i)
The tender shall be signed by all members of the joint venture.
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(ii)
The members shall attach to the tender a letter of intent including
-
a statement that the members of the joint venture will undertake, jointly and severally,
the obligations of the joint venture under the contract if awarded,
-
a statement that members of the joint venture appoints and authorise the lead
member with authority to bind the joint venture, and to act on its behalf in all
matters in connection with or arising out of this Agreement,
-
a statement that the composition or constitution of the joint venture shall not be
altered without prior written consent by the Contracting Authority
-
The members shall establish a common Quality Assurance and Business Integrity
Management System.
2.3 Any legal entity may only submit one tender.
2.4 Tenderers shall not be eligible for the assignment if this would conflict with their prior or current
obligations to other Clients, or may place them in a position of not being able to carry out the
assignment in the best interest of the Client.
Tenderers may be disqualified from tendering and entering into an Agreement under the
circumstances set forth below:
(i)
Conflict between consulting activities and supply of goods or carrying out works
or other services for the component/project.
(ii)
Conflict with consulting assignments related to the component/project.
(iii)
Conflict stemming from relationship with the Client's or the Recipient’s staff.
2.5
Tenderers shall not derive a competitive advantage from having provided consulting services
related to the assignment in question. To that end, the Client shall provide to all Tenderers all
available information that would in that respect give a Tenderer a competitive advantage over the
other Tenderers.
2.6
If a Tenderer proposes a sub-consultant, a joint letter with sufficient details of the arrangement
must be included in the Tender.
If, in the opinion of the Client, the selection of sub-consultants locally or within specific fields of
expertise is limited, the Client may oppose exclusive agreements with local sub-consultants, be
they organisations or individuals (agreements that prohibit the sub-consultant from entering into
agreements with other Tenderers). Any possible restrictions on subcontracting are stated in the
Contract Notice, section VI.3).
3.
The Tender Dossier
3.1
The Tender shall be responsive to the complete Tender Dossier which comprises the documents
listed in Clause 1 above and any Addenda to the Tender Dossier which may be issued as
described in this Clause 3. The Tenderer shall scrutinize each document immediately upon
receipt, and shall promptly give notice to the party who issued the document, of any pages that
appear to be missing.
3.2
The Tenderer must carefully examine documents of the Tender Dossier. Failure to comply with
these Instructions or with any other tendering requirements will be at the Tenderer’s risk.
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3.3
If the Tenderer requires any clarification of the Tender Dossier, he shall give notice to the
contact point(s) as stated in section I of the Contract Notice. The notice must be in writing in the
language as specified in section IV.3.6) of the Contract Notice. Requests that cannot be answered
six days before the Tender Submission Date will not be answered.
3.4
The Client will respond to the notice by issuing
(i)
the text of the question or request for clarification and
(ii)
the clarification. This response shall be in writing and shall give no indication of the
identity of the Tenderer who requested the clarification. Responses shall not constitute
amendments to the Tender Dossier.
These requests for clarification and responses will be posted on the website of the Client (click
on number of contract notice and contract title on the following website:
http://um.dk/en/danida-en/activities/business/contracts/long/contract-opportunities/ )
It is the responsibility of the Tenderer to obtain clarifications issued by the Client.
3.5
If amendments are made to the Tender Dossier the Client will issue an addendum to the Tender
Dossier. Each addendum to the Tender Dossier will be posted as mentioned in 3.4 above. Each
addendum shall be binding upon the Tenderers. It is the responsibility of the Tenderer to obtain
addenda issued by the Client.
3.6
At any time the Client may issue an addendum to the Tender Dossier that postpones the Tender
Submission Date. In this event, all rights and obligations of the Client and the Tenderers
previously related to the original date shall thereafter be subject to the amended date.
Individual meetings or communications (except for requests for clarifications) by the Tenderers
with the Client or the Recipient are not allowed.
4.
Preparation of the Tender
4.1
The Tenderer should obtain for himself, on its own responsibility, all information, which may be
necessary for preparing the Tender and entering into the Agreement.
4.2
The Client shall not be bound by any oral presentations whether by the Recipient or by others.
4.3
The Tender and all communication between the Tenderer and the contact point(s) as stated in
section I of the Contract Notice shall be in the language as specified in section IV.3.6) of the
Contract Notice. Supporting documentation submitted by the Tenderer may be in another
language if he also submits an appropriate translation of all its relevant passages into this ruling
language.
4.4
The Tender Documents to be submitted by each Tenderer shall comprise:
(i)
Letter of Tender including documentation as listed in the Letter of Tender
(ii)
Schedules of Tender
Schedule 1, Comments to Appendix 1
Schedule 2, Description of Approach, Work Plan and Detailed Tasks, Reporting,
Organization, outline QA Plan, and outline Business Integrity Management
Plan
Schedule 3, List of Key Personnel including brief CV´s
Schedule 4, Implementation Plan and Personnel Assignment Chart
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(iii) Schedule of Prices, as listed in Appendix 3
4.5
The Tender Dossier issued to the Tenderer, including any amendments instructed in an
Addendum to Tender Dossier, shall be used without further changes.
4.6
The Tenderer shall also submit the supplementary documentation listed in the Letter of Tender.
4.7
All duties, taxes, VAT, and other levies applicable for the contract in question payable by the
Consultant in relation to the performance of the Agreement, or for any other cause, shall be
included in the rates, prices and total Tender Price submitted by the Tenderer, and the evaluation
and comparison of Tenders by the Client shall be made accordingly. The duties, taxes, and other
levies shall be those prevailing 28 days prior to the Tender Submission Deadline.
It is the responsibility of the Tenderer to acquaint himself fully with the tax and excise laws in
force in the Recipient Country prior to the submission of the Tender.
4.8
All prices and unit rates quoted in the Schedule of Prices shall be in Danish Kroner.
4.9
It is emphasized that the Client will not be able to engage in traditional negotiations with the
Tenderers regarding the tenders submitted. With respect to negotiations, the Client will operate
within the rules of negotiation set out, among others, in Council and Commission statement
concerning Council Directive 93/37/EEC of 14 June 1993:
"The Council and the Commission state that in open and restricted procedures all negotiations with candidates or
tenderers on fundamental aspects of contracts, variations in which are likely to distort competition, and in
particular on prices, shall be ruled out; however, discussions with candidates or tenderers may be held but only for
the purpose of clarifying or supplementing the content of their tenders of the requirements of the contracting
authorities and provided this does not involve discrimination."
Hence, no contract or price negotiations as such shall be conducted and, therefore, the Tenderers
should ensure that the wording of their tenders allows the contract to be concluded without prior
negotiations between the tenderer and the contracting authorities.
It is thus of the utmost importance that the tenders are comprehensive and consider all relevant
issues, contain all necessary information, and are precise in every respect.
5.
Submission of the Tender
5.1
The Tenderer shall prepare one original set (technical- and price part), 2 copies, a PDF file and
supplementary information, as described in these Instructions.
Each such set shall be submitted in two inner envelopes within an outer envelope. One inner
envelope shall include the Letter of Tender and the Technical Schedules and be marked
"Technical Part" and the other shall include the Schedule of Prices and be marked "Price Part".
The technical part shall be submitted in one original, 2 copies, and as PDF files, each not
exceeding 5 MB, on one CD-ROM, all in one envelope marked “Technical Part”.
The price part shall be submitted#in one original, 2 copies and as a PDF file on one CD-ROM, all
in one envelope marked “Price Part”.
All envelopes shall be sealed properly.
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5.2
The original of the Tender shall be signed by a person or persons duly authorised to bind the
Tenderer. If the Tenderer is a joint venture, the Tender must be signed by all members of the
joint venture.
5.3
The inner and outer envelopes shall be addressed to the Client at the address and to the person
as specified in the Contract Notice and shall bear the following identification:
"Tender for (name of project with reference number as stated in the tender document) - DO NOT OPEN"
The outer envelope shall indicate the name and address of the Tenderer.
5.4
If a Tender is misplaced or opened prematurely because an envelope was not sealed and marked
as instructed above, the Client shall not be responsible and the Tender may be rejected.
5.5
The original, the copies and the CD ROM of the Tender must be delivered to the address as
specified in the Contract Notice no later than the time, on the Tender Submission Date, as stated
in the Contract Notice or as amended in accordance with Clause 3.6. Tenders received by the
Client thereafter will be returned unopened.
5.6
The Tenderer may modify or withdraw its Tender after submitting it, if the modification or
notice of withdrawal is received in writing before such prescribed time for submission of Tenders
but not thereafter. The Tenderer’s modification or notice of withdrawal shall be prepared, sealed,
marked and delivered in accordance with the provisions of this Clause 5, with the inner and outer
envelopes additionally marked “MODIFICATION” or “WITHDRAWAL”, as appropriate. The
modification or notice of withdrawal shall be signed by a person or persons duly authorized to
bind the Tenderer, and proof of authorization shall be annexed.
5.7
A Tender submitted other than as described in this Clause 5 may be rejected by the Client and
returned to the Tenderer.
5.8
The Tender shall remain valid and open for acceptance for the period of 60 days from the
Tender Submission Date. Prior to this expiry date the Client may by written notice request the
Tenderer to extend the validity period. The Tenderer may refuse the request, but shall not modify
its Tender other than by extending its validity.
6.
Tender Opening
6.1
Tenders and other submissions, which are in accordance with Clause 5 of these Instructions, will
be opened by the Tender Committee Chairperson immediately after the Tender Submission Date.
The Tenderers’ representatives will not be present at the opening.
The envelopes with the price parts shall not be opened until the evaluation of the technical parts
has been completed.
6.2
Tenders for which the Client has received a valid notice of withdrawal in accordance with Clause
5 of these Instructions shall not be opened.
6.3
The Client will examine the technical parts to determine whether they appear to be complete,
properly signed, and generally in order.
6.4
After the opening of Tenders, information relating to the examination, clarification, evaluation,
and comparison of Tenders, and recommendations concerning award of the assignment shall not
be disclosed to Tenderers or other persons not officially concerned with the tendering process.
Any effort by a Tenderer to influence the Client in these processes may result in the rejection of
the Tenderer’s Tender.
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7.
Tender Evaluation
7.1
The Client will determine whether the Tender meets the Conditions for participation as specified
in part III.2.) of the Contract Notice. If a Tender does not meet the required minimum
conditions, it shall be rejected by the Client.
7.2
The Client will determine whether each Tender is substantially responsive to the requirements of
the Tender Dossier. If a Tender is not substantially responsive to the requirements of the Tender
Dossier, it may be rejected by the Client.
A substantially responsive tender is a tender compliant with all the terms, conditions, and
specifications of the Tender Dossier without material deviation or reservation. A materiel
deviation or reservation is one which affects in any substantial way the scope, quality, or
performance of the Services, or which limits in any substantial way, inconsistent with the Tender
Dossier, the Client's rights or the Tenderer's obligations under the Agreement, and the
rectification of which deviation or reservation would affect unfairly the competitive position of
other Tenderers presenting substantially responsive Tenders.
7.3
The Client will evaluate the Technical Part of the Tenders. The evaluation of the Tenders will be
based on the Evaluation Criteria annexed to these Instructions. Unless specifically stated, no
criterion will take precedence over any other criterion, and the Tender evaluation shall be based
on an overall consideration, in accordance with the specifications in Criteria and Method of
Evaluation.
The Tenderer shall, on request of the Client, make candidate(s) for position(s) of principal Key
Personnel available for interview by the Client at no cost to the Client.
Interviews of Key Personnel will be carried out on completion of the evaluation of the technical
parts but before opening the price parts. The expected date and venue for the interview of the
Key Personnel is stated in the Contract Notice (VI.3). In due course detailed information on the
timing of the interview will be forwarded. If a Tenderer’s Key Personnel is unable to attend the
appointment, its Tender will be eliminated from the evaluation process. The purpose of the
interview is to verify the information given in the curriculum vitae of the Key personnel in
relation to the Criteria for Evaluation and the profile of the Key Personnel as specified in the
Terms of Reference.
On completion of such interviews, the Client will, without modifying the criteria or the weighting
used in the technical evaluation, decide whether it is necessary to adjust the rating of the Key
Personnel interviewed.
The evaluation of the technical parts shall be completed before opening the envelopes with the
price parts.
7.4
Only price parts of Tenders where the technical parts meet the minimum requirements to the
technical part will be included in the overall evaluation.
Such price parts will first be checked by the Client for any arithmetic errors in computation and
summation, and any errors will be corrected as follows:
(i)
If there is any discrepancy between amount in figures and in words, the amount in words
will take precedence.
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(ii)
If there is a discrepancy between the Total Price entered and the equivalent sum computed
on the basis of the breakdowns, the Total Price shall be adjusted to the sum computed on
the basis of the breakdowns.
(iii)
If there is a discrepancy between a stated amount and the correct amount calculated by
multiplying the stated unit rate by the quantity, the stated amount shall be adjusted to the
correct amount and the Total Price adjusted correspondingly.
The Tenderer may be notified of these corrections and if the Tenderer does not accept these
adjustments as notified, its Tender may be rejected.
Tenders, where the Total Price as quoted in the Schedule of Prices exceeds the maximum budget
as stated in the Contract Notice section II.2.1, shall be rejected.
7.5
For the purpose of evaluating Tenders, the Client will determine for each Tender the evaluated
price by making any correction for errors as described above.
7.6
To assist in the examination, evaluation and comparison of Tenders, the Client may ask any
Tenderer for clarification of its Tender, including breakdowns of unit rates and sums. The
request for clarification and the response shall be in writing. No change in the price or substance
of the Tender shall be sought, offered or permitted except as required to confirm the correction
of arithmetic errors discovered by the Client during the evaluation of the Tenders.
7.7
If, before entering into the Agreement, any of the Key Personnel proposed in the Tender is no
longer available, the Tenderer shall inform the Client immediately. Such occurrence is considered
a serious default, and the tendering procedure in respect of the Tenderer in question and
meetings of clarifications with this Tenderer may be terminated by the Client without the Client
thereby incurring any liability to the Tenderer.
8.
Award
8.1
The Client intends to award the contract to the Tenderer whose compliant Tender has been
determined to be responsive to the Tender Dossier and has achieved the highest total score in
the evaluation, provided that the Tenderer still has the capability and resources to carry out the
Services effectively.
The Client reserves the right to cancel the contract award procedure due to any objective reason,
without incurring liability to any Tenderer and the Tenderers being entitled to claim any
compensation. If a contract award procedure is cancelled, all Tenderers will be notified as soon as
possible in writing of the objective reasons for the cancellation.
8.2
The economically most advantageous Tenderer may be invited to participate in meeting(s) with
the Client to clarify outstanding issues and finalize an Agreement, and the Client will arrange for
minutes of such meetings to be prepared and agreed with the Tenderer. The minutes of the
meeting will be part of the basis upon which the agreement is to be concluded.
8.3
The agreed minutes shall be binding on the Tenderer as an acceptable clarification of its Tender
until its validity expires, and shall be wholly subject to the formal Agreement, and shall not bind
the Client nor commit him to entering into any agreement under any terms.
8.4
Subject to approval of the funding by the relevant appropriation authorities, the Client and the
Tenderer shall sign the formal Agreement. The Contract shall not be concluded until the expiry
of a stand-still period of 10 calendar-days following the Client’s electronic notification of all
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Tenderers of the award of the contract, or 15 calendar days following the Client’s notification of
the award by letter.
8.5
The Client does not intend to issue a Letter of Acceptance as described in the General
Conditions, and prefers the Agreement to become effective on the date of the latest signature
necessary to complete the formal Agreement.
8.6
No offer, payment, consideration, or benefit of any kind, which constitutes illegal or corrupt
practice, shall be made, either directly or indirectly, including bribery of foreign public officials, as
an inducement or reward in relation to:
(i)
the tendering,
(ii)
the award of the assignment, or
(iii)
the implementation of the Agreement.
Any such practice will be grounds for the immediate cancellation of the Agreement and for such
additional actions (civil and/or criminal) as may be appropriate. At the discretion of the Ministry
of Foreign Affairs of Denmark, a further consequence of any such practice can be the definite
exclusion from any further tendering for Danida-funded projects.
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CRITERIA AND METHOD OF EVALUATION
Tenders shall be evaluated using the most economically advantageous tender criterion with a weight of
90 % given to the technical part and a weight of 10 % given to the price part (fees and project-related
expenses, but excluding amounts fixed by the Client budget line B 4, and as defined in the Appendix 3
to the Agreement.)
The following criteria shall be used as a basis for evaluation of technical proposals:
Technical quality1
Proposed approach and methodology, including how
to engage main stakeholders
Work plan and appropriateness of time assigned,
both for the assignment as a whole and for individual
key personnel in view of the proposed approach
Organization and project management
QA and BIM
Qualification and competence of Key Personnel23
Team Leader
General qualifications
Adequacy for the assignment
Experience in the region and language
Technical Lead
General qualifications
Adequacy for the assignment
Experience in the region and language
Total technical part
Weighted technical part
Weighted price part
Total technical and price part
40 %
35 %
40 %
20 %
5%
60 %
60 %
20 %
50 %
30 %
40 %
25 %
60 %
15 %
100 %
90 %
10 %
100 %
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1
Description of Approach and Methodology, Work Plan and Detailed Tasks, Organisation, outline QA
Plan, outline Business Integrity Management Plan, Reporting, etc. as specified in schedule 2
2
’’Key Personnel’’ mean any professional Personnel as defined in Particular Conditions, Part B, Clause
1.1.18.
3
The required qualifications and experience are specified in Appendix 1. – Scope of Services.
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The level of responsiveness for each criterion and sub-criterion shall be rated on a scale of 0-100 points
using the following discrete grades
•
poor:
40 points
•
satisfactory:
70 points
•
good:
90 points
•
very good:
100 points
The rating of each criterion and sub-criterion shall then be weighted and added to give to total score.
The Tender shall be rejected if the technical part fails to achieve a minimum score of 75 out of 100.
The Tender with the lowest financial proposal (see Instructions to Tenderers, clause 7, Tender
Evaluation) will be given a score of 100 points and the other Tenderers' financial proposals will be
given scores inversely proportional.
The total score of the Tender shall be obtained by weighting and adding the technical and price scores.
The Tenderer with the Tender obtaining the highest total score shall be invited to finalize a contract
agreement.
For a detailed guideline on which the evaluation is based, see World Bank "Consulting Services Manual,
a Comprehensive Guide to Selection of Consultants" of which Chapter 17 gives a good description of
"Evaluation Practices of Technical Proposals". The manual is available on
https://openknowledge.worldbank.org/bitstream/handle/10986/7047/364610Consulti101OFFICIAL0USE0ONLY1.pdf?sequence=1
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LETTER OF TENDER
(To be printed on the Tenderer’s official letter head, and addressed to the Contact Point stated in the
Contract Notice I.1)
Contract Notice: (insert Contract Notice number)
Subject: (insert title as stated in Contract Notice II.1.1)
We hereby submit our Tender with reference to the above mentioned Contract Notice.
(if this Tender is being submitted by a group of entities, hereinafter called a Joint Venture, insert the following:
This Tender is being submitted by the following entities in Joint Venture:
•
Lead member name and address
•
Name(s) and address(es) of other members of the Joint Venture
The members of the joint venture have authorised the Lead Member with authority to bind the joint venture and to act on
its behalf in all matters in connection with or arising out of the Tender.
The composition or constitution of the Joint Venture shall not be altered without prior written consent by the Client.
The members of the Joint Venture shall be jointly and severally bound by this Tender and (if accepted) the Agreement.
A letter of intent to enter into a joint venture signed by all the members is attached to the Tender.)
With reference to the Contract Notice points:
III.2.1): We confirm that we are not in a conflict of interest which could exclude us from participating
in the Tender.#We also confirm that the Tenderer and its members are affected by no potential
conflict of interest and has no particular link with other parties involved in the particular
project other than as informed to the Client in writing.
III.2.1): We confirm that we are not in a situation which shall or may exclude us from participating in a
public contract according to Article 45.1 and 45.2. (a), (b), (c), (d) and (g) of the Directive.
III.2.1): We attach documentation that we are not in a situation which shall or may exclude us from
participating in a public contract according to Article 45.2. (e) and (f) of the Directive (Format
of the Solemn Declaration enclosed. If the Tenderer is a Joint Venture declarations must be
attached for each member of the Joint Venture).
III.2.2): We confirm that we meet the minimum annual turnover as stated in the Contract Notice and
attach a list of our annual turnover over the last three years.
III.2.3): We confirm that we meet the minimum requirement of similar services provided as stated in
the Contract Notice and attach a list of the similar services provided in the last three years.
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III.2.3): We confirm that we have an ISO 9001 Certificate or similar, or an acceptable operating quality
assurance and management system. and attach documentation to that effect or sufficient
extracts thereof, cf. Article 48 of the Directive.
We accept that our Tender may not be considered if we in the opinion of the Ministry of Foreign
Affairs fail to meet the minimum requirements as specified in part III.2) of the Contract Notice for this
contract.
We have examined the Agreement, the General and Particular Conditions, Appendix 1 – Scope of
Services, Appendix 2 - Personnel, Equipment, Facilities and Services of Others, Appendix
3 - Remuneration and Payment, and the Addenda Nos. (insert identification of addenda) for the abovenamed assignment. We accordingly offer to execute the Services in conformity with all these
documents and this Tender including the Schedules of Tender for the Total Price as stated in the
Schedule of Prices.
We agree to abide by this Tender for a period of 60 days from the Tender Submission Date, and that it
shall remain binding upon us and may be accepted at any time before that date.
We undertake, if our Tender is accepted, to commence and complete the Services within the periods
stated in the Particular Conditions of the Contract.
We accept that any significant change in the information submitted with this letter may disqualify us
from participation in the Tender and award of contract. We undertake to notify the Client, as soon as
practicable, of any change in this information.
We also accept that you have the right to cancel the tender process or reject any or all Tenders at any
time prior to the award, without thereby incurring any liability to the affected Tenderer or Tenderers.
Date:
Authorized signature(s) of Tenderer (if a joint venture, authorized signatures of all
members):
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Attachments:
Tender for Consultancy Services for Scoping & Design Phase: Accelerating Trade in West Africa (ATWA)
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1.
Joint Venture letter of intent, if applicable.
2.
Documentation on our personal situation, as required in the Contract Notice III.2.
3.
Documentation for a Quality Assurance System.
4.
Technical proposal submitted in one original, 2 copies, and as PDF files, each not exceeding 5
MB, on a CD ROM.
5.
Price proposal, submitted in a separate envelope, in one original, 2 copies, and as PDF files, each
not exceeding 5 MB, on a CD ROM.
6.
Power of attorney.
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Format'of'the'Solemn'Declaration'referred'to'in'the'Contract'Notice'and'above##
(If'the'Tenderer'is'a'Consortium'the'declaration'must'be'submitted'by'the'Leader'and'each'Member'of'the'
Consortium)''
SOLEMN DECLARATION
In accordance with Danish Law’s Act no. 336 of 13 May 1997 on limitation of debtors possibilities to
participate in public procurements and on change of certain other laws (Making effective the collection of
arrears to the authorities), the authorities shall on procurement of construction and plant works as well as
purchases of goods and services demand that any tenderer simultaneously with submitting its tender make a
solemn declaration on the extent of the tenderer’s unpaid, due debts to the authorities in the form of taxes,
duties and social security contributions in accordance to Danish law or the law of the country of the
tenderer’s establishment.
In accordance with the regulations of the abovementioned law the undersigned hereby solemnly and under
liability to punishment give the below mentioned declaration.
Company name, address, telephone number and registration number:
Information on debts to the authorities (make selection):
1
! The company has no unpaid, due debts to the authorities.
2
!
The company has unpaid, due debts to the authorities but these debts do not exceed DKK 100.000 (or
an equivalent amount in another currency).
3
!
The company has unpaid, due debts to the authorities and these debts exceed DKK 100.000 (or an
equivalent amount in another currency).
The following points 4 or 5 and 6 shall only be filled, if point 3 has been selected.
4
5
!
!
Security has been provided to the collection authority for payment of the part of the debts that exceed
DKK 100.000 (or an equivalent amount in another currency).
!
An arrangement for payments concerning unpaid, due debts has been made with the collection
authority, and this arrangement has been kept.
6
Security will be provided to the collection authority for payment of the part of the debts that that
exceed DKK 100.000 (or an equivalent amount in another currency).
Date of establishment of security/arrangement:
Collection authority: NA
Year:
Month:#
Name
Address:
Postal#code:
City:
#
Signature:
#
Date:#
Company management signature and company stamp:
Day:#
#
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Financial and Technical Capacity of Tenderer
1. CONDITIONS FOR PARTICIPATION
If the Tenderer is a consortium, the consortium as a whole should meet the required minimum
capacities (add rows as required).
3.1 Economic and financial standing (Contract Notice III.2.2)
Requirements and possible minimum levels to the economic and financial standing of the
Tenderer are specified in the Contract Notice, and are requested in accordance with Article 47 of
the Directive.
a)
Annual turnover of the Tenderer (add rows as required)
DKK mill.
Most recent year
Most recent year -1
Annual Turnover
Most recent year -2
3.2 Technical and/or professional ability (Contract Notice III.2.3)
Requirements to the technical and/or professional ability of the Tenderer are specified in the
Contract Notice in accordance with Article 48 of the Directive. If the applicant is a consortium
only a maximum of the 10 most relevant project references of the consortium members are to be
listed.
a)
List of the similar services provided in the last three years - Maximum of 10 project
references (add forms as required)
Ref. No. 1
Legal entity
Project title
Country
Name of Client
Dates (mm/yy – mm/yy
Project value Mill. DKK
Shared carried out by legal entity %
Consortium members
Description of Project
Type of services
provided by legal entity
b) Technicians or technical bodies
Not applicable, unless otherwise required in the contract notice
c) Measures used for ensuring quality
d) Capacities for production, studies, and/or research
Not applicable, unless otherwise required in the contract notice
e) Educational and professional qualifications
If required in the Contract Notice, please list the managerial staff of the legal entity and, in particular
those responsible for providing the services. No CV’s are required. (Add rows as required):
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Legal entity
Name and title
Education
Professional qualifications
f) Environmental Management measures
Not applicable, unless otherwise required in the contract notice
g) Average annual manpower
If required in the Contract Notice, please list total staff and the number of managerial staff for the
last three years.
Average manpower
Most recent year
Most recent year -1
Most recent year -2
Management staff
Other staff
Total staff
h) Tools/plants etc.
Not applicable, unless otherwise required in the contract notice
i) Sub-contracting
If required in the Contract Notice, the major part of the services must be rendered by the Tenderer
Please indicate the proportion of the contract intended subcontracted:
j) Products supplied
Not applicable, unless otherwise required in the contract notice
Signed on behalf of the Tenderer
Date:
Name:
Signature:#
'
#
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SCHEDULES OF TENDER
The Tenderer's Schedules of Tender shall include as APPENDIX 1.1:
•
Schedule 1 - Comments to Appendix 1 – Scope of Services and Appendix 2 - Personnel,
Equipment, Facilities and Services of Others
•
Schedule 2 - Description of Approach, Work Plan and Detailed Tasks, Reporting, Organization,
outline QA Plan, and outline Business Integrity Management Plan
•
Schedule 3 - List of Key Personnel , Task Assignment Chart and CV's for all Key Personnel and
other professional personnel at the home office assigned as Project Director, Quality Manager
and Auditor, Business Integrity Manager and Letter of Availability for Key Personnel not
permanently employed by the Tenderer or any of its sub-consultants
•
Schedule 4 - Outline Implementation Plan and Personnel Assignment Chart
Schedule of Prices in the formats prescribed (for the Schedule of Prices, please refer to the Agreement,
Appendix 3 - Schedule of Prices).
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Schedule 1 - Comments to Appendix 1 – Scope of Services and Appendix 2 - Personnel,
Equipment, Facilities and Services of Others
(To be prepared by the Tenderer and should be limited to maximum 2 pages (maximum 4000 characters per page) of
relevant and specific comments to the appendices mentioned - a discussion of the "understanding of the Terms of Reference"
or "appreciation of the program/component/project" is not required and will not be considered or credited.
This schedule should clearly list all comments including suggestions to the Appendix 1 - Scope of Services and Appendix
2 - Personnel, Equipment, Facilities and Services of Others. Comments or suggestions may not be phrased in such a way
that they constitute reservations to the Scope of Services.)
#
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Schedule 2 - Description of Approach and Methodology, Work Plan and Detailed Tasks,
Organisation, outline QA Plan, and outline Business Integrity Management Plan, Reporting
(To be prepared by the Tenderer and should be limited to a maximum of 15 pages (maximum 4000 characters per page).
This schedule shall include
(i)
A description of the proposed approach and methodology for implementation of the main components of the Services,
including how to engage main stakeholders.
(ii)
A description of the proposed work plan with a detailing of the activities and outputs for the inception phase as
well as a draft for the remaining period. In addition, a personnel assignment chart (Schedule 4.2) should be
completed with clear indication of time assigned to each personnel and an indication of how this is distributed over
time.
(iii)
Organisation and project management
a)
A description of the organisation proposed for the Consultant's team
b)
Project management and monitoring
(iv)
An outline plan for the quality management, monitoring, and auditing specifically for this particular assignment
including;
(a)
the contents of the final plan,
(b)
names of the persons proposed for the quality management, monitoring and auditing (please note that person(s)
proposed for auditing should be independent of the Consultant's team carrying out the Services),
(c)
timing of the audits,
(d)
a description of the applicant’s approach to comply with Danida’s anti-corruption code of conduct and the principles
of the UN Global Compact during implementation, including;
−
definitions of roles, responsibilities and authority in relation to this assignment,
−
business integrity procedures for acquiring, bidding, negotiations and execution of the assignment,
−
accounting structures, and
−
enforcement measures for the Consultant and partners and sub-consultants.
(v)
A detailing of the reporting required in the Terms of Reference.
This Schedule shall not include any comments or suggestions to the Terms of Reference.)
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Schedule 3 - List of Key Personnel, Task Assignment Chart and CV's for all Key Personnel and
other professional personnel at the home office assigned as Project Director, Quality
Manager and Auditor, Business Integrity Manager
To be prepared by the Tenderer.
This schedule should include
(i)
a list of the proposed positions and names of Key Personnel and other professional Personnel responsible for home
office management and quality management, monitoring and audits,
(ii)
if applicable a task assignment chart indicating the tasks/activities assigned to each of the Personnel, e.g. in the
format as suggested below, or of the choice of the Tenderer, and
(iii)
brief CV's for each of the Key Personnel and other professional Personnel responsible for home office management,
quality management, monitoring and audits, and management of business integrity, monitoring and audits.
CVs shall be in the format specified below.
The CV should, in Part 5 (SPECIAL EXPERIENCE RELEVANT TO THE
ASSIGNMENT) and Part 6 (OTHER INFORMATION OF RELEVANCE TO THE
ASSIGNMENT), focus on the experience relevant for the assessment of the Candidate's' suitability for his/her
position in this assignment.
Please note that recent qualifications and experience may be more relevant than qualifications and experience from
assignments more than 15 years old.
The CVs should be as brief as possible (usually not more than 5 pages) but at the same time include all relevant
information.
For Key Personnel not permanently employed by the Tenderer or any of its sub-consultants, a letter of
availability signed by the proposed candidate shall be attached.
The Client does not accept exclusive agreements with key personnel not permanently employed by the
Tenderer or any of the sub-consultants.
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3.1'Task'Assignment'Chart'
(To be prepared by the Tenderer)
(Suggested format)
Name/Pos#
Name/Pos#
Name/Pos#
Name/Pos#
Name/Pos#
Name/Pos#
Name/Pos#
Name/Pos#
Name/Pos#
Name/Pos#
Key'Personnel''
##
r#
a#
#
#
a#
#
#
#
#
#
#
#
#
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1.2#
##
q#
r#
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a#
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1.3#
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q#
r#
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a#
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2.1#
##
q#
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r#
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a#
a#
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2.2#
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q#
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r#
a#
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3.1#
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r#
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a#
a#
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3.2#
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q#
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r#
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a#
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3.3#
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q#
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a#
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3.4#
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q#
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a#
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q#
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a#
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3.6#
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4.1#
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r#
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q#
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a#
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4.2#
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a#
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1.1#
##
Task'/'Activity'
Name'
l##
Task'/'Activity'
No.'
r:#responsible#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
a:#assisting#
#
#
#
#
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#
#
#
q:#quality#management/control#
#
#
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Brief'Curriculum'Vitae'(to
be completed for each Key Personnel and other professional Personnel)
Assignment:
Proposed position on the proposed team:
1. PERSONAL DATA
Family name:
First Name(s):
2. EMPLOYMENT RECORD
(State all employments in the career – also those in developed countries, if any. Most
recent employment first)
Employer's Company
Period of service and length:
Position with the
Name:
Enterprise:
3. EDUCATION
Institution (University,
etc.), city and
country:
Length of education
Date: from (month/year) to
(month/year)
Degree/Diploma obtained:
4. LANGUAGE SKILLS OF RELEVANCE TO THE ASSIGNMENT
(State language, formal language education and level of speaking, reading and writing skills
(mother tongue, perfect, average, poor))
Language:
Formal Education:
Speaking skills:
Reading skills:
Writing
skills
:
5.'SPECIAL'EXPERIENCE'RELEVANT'TO'THE'ASSIGNMENT#
(Indicate#the#following#information#for#those#assignments#that#best#illustrate#Personnel##capability#to#handle#the#
tasks#of#this#assignment.#Add#number#of#assignments#as#applicable)#
Name#of#assignment#
Period#of#service#and#length:##
Year#M#year#(total#number#of#months)#
Location##
Client##
Main#project#features#
Position#held#
Activities#performed#
#
#
#
#
#
#
#
Tender for Consultancy Services for Scoping & Design Phase: Accelerating Trade in West Africa (ATWA)
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#
Name#of#assignment#
Period#of#service#and#length:#from#
(month/year)#to#(month/year)#
Location##
Client##
Main#project#features#
Position#held#
Activities#performed#
#
#
Name#of#assignment#
Period#of#service#and#length:#from#
(month/year)#to#(month/year)#
Location##
Client##
Main#project#features#
Position#held#
Activities#performed#
#
#
Name#of#assignment#
Period#of#service#and#length#
Location##
Client##
Main#project#features#
Position#held#
Activities#performed#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
6. OTHER INFORMATION OF RELEVANCE TO THE ASSIGNMENT
'
'
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Tender for Consultancy Services for Scoping & Design Phase: Accelerating Trade in West Africa (ATWA)
Schedule 4
Schedule 4.1 - Outline Implementation Plan
(To be prepared by the Tenderer)
(Suggested format divided into Months or Quarters as appropriate)
No.
Activities and sub-activities of the Services
Month or Quarter
1
!
!
2
3
4
5
6
7
8
9
10
11
12
13
Etc.
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Schedule 4.2 - Personnel Assignment Chart
(To be prepared by the Tenderer)
(Suggested format divided into Months or Quarters as appropriate)
Month or Quarter
Designation
Total number of man-months
1
2
3
4
5
6
7
8
9
10
…
Person
Months/days
Recipient Home
Country
office
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#
AGREEMENT
This Agreement
Between:
Ministry of Foreign Affairs of Denmark / DANIDA
of:
Asiatisk Plads 2, DK-1448 Copenhagen K, Denmark
(hereinafter called “the Client”) of the one part
And
(Consultant´s name)
Of
(Consultant´s address)
(hereinafter called “the Consultant”) of the other part.
WHEREAS, the Client desires that certain Services should be performed by the Consultant, namely
Consultancy Services for Scoping & Design Phase: Accelerating Trade in West Africa (ATWA)
and has accepted a proposal by the Consultant for the performance of such Services.
THE CLIENT AND THE CONSULTANT AGREE AS FOLLOWS:
In consideration for the performance of the Services, the Client shall pay to the Consultant the contract
price which amount shall be:
(Contract Price in figures and words – If phased included amounts in figures for both phases and the total contract prices
(only the latter in words).
Such Contract Price is the total amount of the Ceiling Amounts mentioned in the Schedule of Prices.
All amounts in the agreement are in Danish kroner (DKK) including all taxes, charges, and VAT.
Fluctuations in foreign prices and exchange rates are of no concern to the Client and will therefore not
result in any adjustment of the agreed total budget in Danish kroner.
If duties, taxes, VAT or other levies against expectations should be refunded such refund shall be paid
by the Consultant to the Ministry of Foreign Affairs, Danida.
1
In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in Clause 1.1 of the General Conditions.
2
The following documents shall be deemed to form and be read and construed as part of the
Agreement, namely:
(a)
The minutes of the clarification meeting(s) (if any) including clarifications of Tender,
addenda and Q/A from the tender process.
(b)
The Conditions of the Agreement comprising the General Conditions and the Particular
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Conditions Part A and B).
(c)
The Appendices, namely:
Appendix 1 - Scope of Services
Appendix 1.1 – Consultant’s schedules of Tender
Appendix 2 - Personnel , Equipment, Facilities and Services of Others to be provided by the
Client
Appendix 3.1 Schedules of Prices
Appendix 3.2 Terms of Remuneration
Appendix 3.3 Terms of Payment
Appendix 4 Form of Advance Payment Security
3
In consideration of the payments to be made by the Client to the Consultant under this
Agreement, the Consultant hereby agrees with the Client to perform the Services in conformity
with the provisions of the Agreement.
The Client hereby agrees to pay the Consultant in consideration of the performance of the
Services such amounts as may become payable under the provisions of the Agreement at the times
and in the manner prescribed by the Agreement.
4
If the Consultant is an association as a joint venture, consortium or other unincorporated
grouping of one or more entities (here called a joint venture), the following shall apply:
The joint venture hereby states:
-
that the members of the joint venture undertake, jointly and severally, the obligations of the
joint venture under the contract,
-
that the members of the joint venture appoints and authorizes the lead member (named)
with authority to bind the joint venture, and to act on its behalf in all matters in connection
with or arising out of this Agreement,
-
that the composition or constitution of the joint venture shall not be altered without prior
written consent by the Contracting Authority.
AUTHORISED SIGNATURE(S) OF CLIENT
Date:
Signature:
Name:
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AUTHORISED SIGNATURE(S) OF CONSULTANT (if a Joint Venture, authorized signature of all
members of the Joint Venture)
Date:
Signature:
Name:
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GENERAL CONDITIONS
The#General#Conditions#shall#be#those#of#the#FIDIC#Client#/#Consultant#Model#Services#Agreement,#Fourth#Edition#2006
#
#
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PARTICULAR CONDITIONS
A. References from Clauses in the General Conditions
1.1
Definitions
1.1.2
The Project is
Consultancy Services for Scoping & Design Phase: Accelerating Trade
in West Africa (ATWA)
1.1.6
Parties
Not applicable
1.1.8
Consultant
Add the following text to the sub-clause:
If the Consultant is an association as a joint venture, consortium or
other unincorporated grouping of two or more entities (in these
conditions called a "Joint Venture") the following shall be added:
With reference to Clause 1.1.8 of the General Conditions the
Consultant is not a firm but a Joint Venture with members as stated in
the Agreement.
The entities: (member, member, . .) of the Joint Venture authorize
(name of firm) to be known as lead member with authority to bind the
Joint Venture, and to act on its behalf in all matters in connection with
or arising out of this Agreement.
The composition or constitution of the Joint Venture shall not be
altered without prior written consent by the Client.
The members of the Joint Venture shall undertake jointly and severally
the obligations of the Joint Venture under the Agreement.
For the purposes of the implementation of the Agreement, the Joint
Venture shall act as and be considered a single entity.
The joint venture agreement entered into by the members is attached
to this Agreement.
1.1.10
Commencement
Date
The Commencement Date shall be 30 days after the effective date,
unless otherwise agreed between the parties.
1.1.11
Time for
Completion
The Completion Date for phase 1 shall be 16 months after the
Commencement Date, or as alternatively agreed in writing between the
parties to the Agreement.
In the event of an extension with a phase 2, the Completion Date shall
be 20 months after Commencement Date, or as alternatively agreed in
writing between the parties to the Agreement.
The Services shall, however, not be considered completed until
acknowledged by the Client's approval of the Consultant's Completion
Report. The Client shall, however, not unreasonably withhold or delay
this approval.
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1.3
Language(s) for Communications
1.3.1
Language(s) for
Communications
1.4
Language of the Agreement
1.4.1
Language of the
Agreement
The language of the Agreement shall be English.
Ruling language
The ruling language shall be the English language.
Governing Law
The law to which the Agreement is subject shall be the law of
Denmark.
1.6
The language for Communications shall be the English language.
Assignments and Sub-contracts
If the Consultant has proposed sub-consultant inset list and their part
of the Services with part and percentage:
(name, part and percentage/N.A.)
1.8
Notices
Client’s address:
HCP, Danida Business Contracts, Ministry of Foreign Affairs of
Denmark Asiatisk Plads 2, DK-1448 Copenhagen K, Denmark
Email:
danidacontracts@um.dk
Telephone number:
+45 3392 1430
Consultant’s address:
Email:
Telephone number:
2.7
Client's Representative
2.7
Client's
Representative
The Client will act in matters pertaining to the administration of the
Agreement, and has delegated the authority to act on its behalf for
matters pertaining to the implementation of the Services in the
Recipient Country to:
Name of representative: Klaus Thorup
Postal address: Ministry of Foreign Affairs of Denmark
Asiatisk Plads 2,
DK-1448 Copenhagen K, Denmark
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Email address: afr@um.dk; klatho@um.dk
3.6
Consultant's Representative
3.6
Consultant's
Representative
The Consultant has delegated the authority to act on its behalf in
matters pertaining to the administration of the Agreement to:
Name of representative: (insert)
Postal address: (insert)
Email address: (insert)
and for matters pertaining to the implementation of the Services in the
Recipient Country to:
Name of representative: (insert)
Postal address: (insert)
Email address: (insert)
4.1
Agreement Effective
4.1.1
Agreement Effective Add the following text to the sub-clause:
The extension of the Agreement to include the Services in Phase 2
(optional to the Client) shall become effective on the date of the Client's
written notice to proceed.
5.2
Time for Payment
5.2.1
Time for Payment
Replace the text of the entire sub-clause by:
Payments shall be made subject to the conditions as specified in
Appendix 3.
Amounts due for advance payment shall be paid within 30 days of the
date the Agreement becomes effective, presentation of the advance
payment security, and date of receipt of the invoice whichever is the
latest.
Amounts due for quarterly progress payments shall be paid within 30
days of receipt of the invoice.
Amounts due for the final payment shall be made within 45 days of
receipt of the final invoice and the audited final statement of accounts
and the Client's approval of the Consultant's Completion Report
whichever is the latest.
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Advance Payment
Advance payment can be made by the Client subject to effectiveness of
the Agreement, and presentation by the Consultant of an advance
payment security (cf. Appendix 3 - Terms of Payment). Unless
otherwise decided by the Client the advance payments shall comprise:
30% of the Contract Price for each phase as specified in Appendix 3.1
- Schedule of Prices.
Cash Flow Estimate The Consultant shall within 14 days of the Commencement Date
prepare and submit to the Client, for its information, a cash flow
estimate showing on a quarterly basis all projected payments to the
Consultant.
The cash flow estimate shall be updated semi-annually (per March and
September).
5.2.2
Agreed
Compensation for
Overdue Payment
The agreed compensation shall be 2 per cent points above the discount
rate of the Danmarks Nationalbank.
5.3.1
Currency of
Agreement
The currency of the Agreement is Danish Kroner (DKK).
The currency of payment of fees and reimbursable expenses is Danish
Kroner (DKK).
Reimbursable expenses incurred in other currencies than Danish
Kroner shall be converted into Danish Kroner (DKK) using the
exchange rate specified in Appendix 3- Terms of Payment.
6.2
Duration of Liability
6.2.1
Duration of Liability: Add the following text to the sub-clause:
The duration of the liability of the Consultant shall be from the
Commencement Date until five years after the Completion Date.
6.3.1
Limit of
Compensation:
Replace the text of the entire sub-clause by:
The maximum amount of compensation payable by the Consultant to
the Client in respect of professional liability under Clause 6.1 is "the
Contract Price" as stated in Appendix 3, unless otherwise agreed
between the parties.
7.1
Consultant's Insurance for Liability
7.1
Consultant's
Insurance for
Liability
8.3.
Arbitration
The Consultant confirms that he will take out before commencement
and maintain for the duration of the liability period, at its own cost, an
insurance policy against its professional liability under Clause 6.1 of an
amount of "the Contract Price" as stated in Appendix 3, unless
otherwise agreed between the parties.
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8.3.
Rules of Arbitration Replace the text of sub-clauses 8.3.1 and 8.3.2 by:
If mediation as described in Clause 8.2 fails, the dispute shall be settled
finally and bindingly by "The Danish Institute of Arbitration" in
Copenhagen.
The law governing the arbitral proceedings shall be Danish, while the
language shall be English or as otherwise agreed between the parties to
the Agreement.
The arbitration panel shall decide the sharing of the costs of the panel
between the parties to the Agreement.
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PARTICULAR CONDITIONS
B. Additional Clauses
The parties are to include in this section any variations, omissions and additions to the General
Conditions.
Clause
1.1.1
Replace the text of the entire sub-clause by:
"Agreement" means the completed form of Agreement including the documents listed in
Clause 2 of the Agreement.
Background Documents as listed in Appendix 1 - Scope of Services are for information
only and the information given here may deviate from the specifications and requirements
of Appendix 1, 2, 3 and 4, which shall govern.
1. 1.16
"Danida" means the Ministry of Foreign Affairs of Denmark (in Copenhagen or the
representation in the Recipient's Country) funding partly or wholly the
Program/Component/Project.
1.1.17
"Recipient Country" means the country of the Recipient.
1.1.18
"Key Personnel" means any professional staff provided by the Consultant who provides
wholly or partly a specified part of the Services and includes project/assignment managers,
team leaders, resident engineers, advisers, specialists, experts and all other professional staff.
1.1.19
“Staff” of the Consultant means any person hired by the Consultant as employee and
assigned to the performance of the Services or any part thereof.
1.1.20
"Quality Assurance" means all the planned and systematic activities to be carried out under
the Agreement by the Consultant to assure that the outputs as defined in Appendix 1 Scope of Services are achieved at the required quality level.
1.1.21
"Business Integrity Management Plan" means the plan detailed by the Consultant for
preventing, detecting and sanctioning corrupt practises throughout the execution of these
Services and as defined in Appendix 1 - Scope of Services.
1.1.22
"Completion Report" means the final report prepared by the Consultant at the completion
of the Services (for detailed requirements refer to Appendix 1, Scope of Services).
1.1.23
"Cash Flow Estimate" means a schedule prepared by the Consultant, specifying the
Consultant’s estimated fees and reimbursable expenses over given time periods, usually
half-yearly.
1.2.3
Replace the text of the entire Sub-clause by:
The order of precedence of the documents of the Agreement is the Agreement followed by
the other documents in the order listed in Clause 2 in the Agreement.
1.7
Replace the entire text of Clause 1.7 with:
The Client shall be entitled, without any extra remuneration to the Consultant, to use the
material collected, prepared and acquired for the assignment for the purpose of the
continuation, further development and implementation of the assignment and the
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Program/Component/ Project. The same right shall apply to the other consultants, public
authorities and other entities connected with the assignment. On request, the Consultant
shall provide to the Client all such material. It can be provided in a digital form, if available.
The Consultant shall retain all other rights to its ideas and the material prepared by him.
The Consultant shall be entitled to keep at its disposal the material prepared by him in
connection with the carrying out of the assignment, provided that educational material, user
manuals, operating instructions and similar material shall be used only as a generic product
in connection with other assignments.
The Consultant shall ensure that the material prepared by him does not violate the
copyrights or any other exclusive rights of any third party and he shall indemnify the Client
for any claim or any cost in that connection.
Where the material is used by the Client, for purposes other than the actual assignment, the
Consultant shall not be responsible for any errors in and defects of the material.
The Consultant shall not, without the prior written consent of the Client, publish or make
public any material prepared by him in carrying out the assignment. This provision shall not
imply any limitation in the Consultant's rights under the abovementioned provisions.
1.9.1
Replace the entire text of the Clause 1.9.1 with:
For the duration of the Agreement and after completion thereof, the Consultant, its subconsultants and the staff of the Consultant and its sub-consultants shall treat all documents
and information received in connection with the Agreement as private and confidential, and
shall not, save in so far as may be necessary for the purposes of the performance thereof,
publish, or disclose any particulars of the Agreement without the prior consent in writing of
the Client.
However, with such consent, which shall not be unreasonably withheld, the Consultant may
publish descriptive articles, with or without illustrations, with respect to the Service or the
Works.
1.10
Add as Clause 1.10.3:
The Consultant shall be deemed to have breached Clause 3.3 also if it is shown that any of
the Consultant's Key Personnel are guilty of the actions described above.
1.10
Add as Clause 1.10.4:
The Consultant shall live up to Danida’s anti-corruption policy and to the UN Global
Compact.
2.3.1
Replace Sub-clauses (c), (d), (e) and (f):
(c) providing access to other organisations for collection of information which is to be
obtained by the Consultant.
3.2
Add at the end of Sub-clause 3.2.1:
In the event of Additional Services the Client shall issue Addenda to the Agreement in a
prescribed format.
Add at the end of Sub-clause 3.2.2:
In the event of Exceptional Services the Client shall issue Addenda to the Agreement in a
prescribed format.
3.3
Add after Sub-clause 3.3.1 and change Sub-clause 3.3.2 to 3.3.3:
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3.3.2
The Consultant shall
a. be deemed (so far as is practicable having regard to considerations of cost and time) to
have satisfied himself before entering the Agreement as to the extent and nature of
Services, Works, Staff, and materials necessary for the execution of the Services, and
to have obtained all necessary information as to risks, contingencies, and other
circumstances which may influence the Services or the Project.
b. always act, in respect of any matter relating to the Agreement or to the Services, as
faithful adviser to the Client, and shall at all times support and safeguard the Client's
and the Recipient's legitimate interests.
c. refrain from engaging in any activity that conflicts with its obligations towards the
Client under the Agreement, and when on assignment under the Agreement, the Staff
shall not engage, directly or indirectly, in any other work, business, or professional
activities in the Recipient Country other than the performance of their duties and
assignments under the Agreement.
d. keep separate, accurate, and systematic records in respect of the Services in such form
and detail as is customary in the profession including records of quality assurance
activities.
3.3.4
Add after Sub-clause 3.3.3:
The Consultant is responsible for the safety and security of the employees of the
Consultant, sub-contracting consultants, including local employees etc., also if the
assignment involves missions in an area of conflict or an area with high security risks.
3.4
Replace "Client's" by "Client's or Recipient's".
3.5.1
Replace Clause 3.5.1 by:
The Staff sent by the Consultant to work outside the country of the Consultant shall have
been physically examined and found fit for their assignment.
The following terms shall apply to Personnel provided by the Consultant:
(a) The positions, minimum qualifications, tasks, outputs, and periods of assignment of
Key Personnel shall be as described in the Scope of Services.
(b) The Key Personnel listed by position and name in Schedule 3 - Scope of Services, are
hereby approved by the Client.
(c) The Consultant may, with the prior approval of the Client, make such minor
adjustments of the periods of services specified in the Agreement as may be appropriate
in order to ensure an efficient performance of the Services, provided that such
adjustments will not cause payments made under the Agreement to exceed the ceiling
amounts as defined in Appendix 3- Schedule of Prices.
(d) Except as the Client may otherwise agree, no changes shall be made in the Key
Personnel. However, the Consultant shall arrange for replacements in accordance with
the General Conditions Clause 3.7.2.
(e) In the event that any of the Key Personnel is no longer available and the Consultant
fails to propose a replacement with equivalent qualifications and experience and
acceptable to the Client, the Client shall have the right to terminate the Agreement
without thereby incurring any liability to the Consultant.
(f) The Consultant shall inform in due time the Recipient and the Danish Embassy
responsible for the Recipient Country of the date of arrival in and departure from the
Recipient Country of the Personnel.
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(g) Any taking of leave by Staff 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 performance of the Services, and who shall inform the Danish Embassy, not
later than two weeks in advance, of such taking of leave.
(h) The Consultant shall, in respect of Staff hired by the Consultant in the Recipient
Country, pay rates of wages, observe hours of labour, and provide conditions, amenities
and facilities not less favourable than those required by the law, fixed by the appropriate
wage fixing authority and generally recognised for similar work in the area.
(i) The Consultant shall, in respect of Staff hired by the Consultant, abide by the local laws
and the conventions of the International Labour Organisation.
(j) The Consultant shall live up to Danida’s anti-corruption policy and to the UN Global
Compact.
3.7.2
Add at the end of Clause 3.7.2:
(c) Where Key Personnel are replaced on request of the Consultant or by the Client for
reasons of established misconduct or inability to perform, the cost of replacement
(home travel by the replaced person and any dependents, outward travel by the
replacement and any Eligible Dependents, extra travel and other expenses due to the
number of Eligible Dependents or any overlap) shall be borne by the Consultant.
(d) Fee rates for replacement shall be calculated in accordance with the Conditions and
details stated in Appendix 3. The fee rate of a replacement shall not exceed that of the
replaced Staff. If the fee rate of a replacement is less than the replaces Staff, the
former rate shall apply.
5.4
Delete the entire text of Clause 5.4
5.6.2
Replace Clause 5.6.2 with:
Such records shall be sufficient to establish accurately that the time has been duly spent and
that the reimbursable expenses have been duly incurred for the performance of the
Services. Time spent on the Services by the Key Personnel and Other Staff whose
salary/wages are covered by the fees shall be recorded. In the event of Additional or
Exceptional Services, the records of time spent shall include a specification of the activities
of the Key Personnel and Other Staff.
In case the Consultant chooses to make its bookkeeping or part thereof locally, such
bookkeeping shall be available for inspection.
The Consultant shall permit the Client to inspect, at any time, the records and accounts
relating to the Services and to make copies thereof and shall permit the Client or any
person authorised by the Client, at any time, to audit such records and accounts both
during and after the provision of the Services, however not later than five years after
completion or termination of the Services.
7.1
Replace the entire text of Clause 7.1 by:
The Consultant shall, in addition to the insurance against professional liability under Clause
6.1 and the insurance against loss and damage to the property of the Client and the
Recipient as per Clause 7.2, take out and maintain full indemnity insurances from the
Commencement Date until the Completion Date, against
(a) civil liability in the event of accidents caused to third parties arising out of acts
performed by the Consultant and the Staff,
(b) employer's liability and workers' compensation in respect of the Staff and as well as
sickness, accident, or death affecting the Staff or their Eligible Dependents, including
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the cost of repatriation on health grounds,
(c) such other liability as required by the laws in force in the Recipient Country.
The costs of such insurances shall be expenses reimbursable by the Client.
The Consultant shall, when requested, produce to the Client, evidence of the insurance
policies in force.
7.2
Replace the entire text of Clause 7.2 by:
The Consultant shall take out and maintain a full indemnity insurance covering, from the
Commencement Date until the Completion Date, against
(a) loss or damage to the property of the Client and the Recipient made available by or
paid for by the Client or the Recipient or funded by Danida for use by the Consultant,
(b) liabilities arising out of the use of such property,
(c) loss or damage to property produced by the Consultant as part of the Services.
The expenses of such insurances shall be reimbursable by the Client.
The Consultant shall, when requested, produce to the Client, evidence of the insurance
policies in force.
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APPENDIX 1 - SCOPE OF SERVICES
(Appendix 1 comprises initially the original Terms of Reference. Later the Terms of Reference are supplemented by the
Tenderer's Technical Schedules as Appendix 1.1)
Terms&of&Reference&
Scoping&&&Design&Phase:&Accelerating&Trade&in&West&Africa&(ATWA)&
&
1.
Introduction&
This#assignment#is#designed#to#largely#deliver#the#initial#scoping#and#implementation#of#the#
Accelerating& Trade& in& West& Africa& (ATWA)& Concept# Note,# which# lays# out# the# case# for# an#
initial# stage# of# support# aimed# at# accelerating# trade# integration# in# West# Africa.# It# will# build#
upon#two#twin#pillars#for#success.#As#stated#in#the#Concept#Note,#first#it#aims#to#build#on#the#
positive#political#momentum#of#reinvigorating#intraJregional#trade#in#West#Africa#by#Nigeria#
through#the#‘’Abuja#process’’#(see#below),#which#has#created#a#High#Level#Task#Force#(HLTF)#
to#examine#routes#for#reducing#the#high#costs#of#trading#across#borders.##Second#it#aims#to#
leverage# experience# in# East# Africa# to# support# the# initial# design# and# high# level# political#
backing#for#a#trade#facilitation#programme#along#the#LagosJAbidjan#Corridor#in#West#Africa,#
which#aims#to#create#the#impact#desired#by#the#HLTF.##
The# core# result# by# end# of# 2016# –# depending# on# political# buyJin# J# will# be# a# robust# regional#
political# platform# and# comprehensively# designed# programme# to# develop# the# Abidjan# to#
Lagos# Economic# Trade# Corridor.# With# these# reinforcing# and# interdependent# twin# pillars# in#
place,# the# risks# of# programming# will# be# significantly# reduced,# and# a# strong# pipeline# of#
potential# interventions# ready# for# implementation.# The# successful# completion# of# this# initial#
scoping#and#design#phase#J#and#critical#commitment#milestones#J#will#then#trigger#potential#
larger#scale#investment#from#partners#and#the#establishment#of#a#special#purpose#vehicle#for#
project#implementation#based#on#experience#from#East#Africa.#
The# team# undertaking# the# assignment# will# receive# advice# and# oversight# from# a# steering#
committee# –# composed# of# a# panel# of# experts# on# regional# integration# and# trade# –# drawing#
both#upon#private#sector#leaders,#key#Ministers,#ECOWAS#and#the#donor#funding#the#scoping#
phase# (Denmark).# Oversight# will# be# provided# through# quarterly# progress# review# meetings#
and#then#periodically#to#the#HLTF#steering#the#process.#
The#process#adopted#is#iterative#in#that#each#part#of#the#design#and#scoping#process#builds#
upon#the#successful#completion#of#the#previous#stage.#This#will#help#to#mitigate#risks#which#
are# medium# to# high# for# this# initiative.# ATWA# provides# initial# seed# capital# for# a# larger#
intervention#which#will#aim#to#significantly#reduce#the#costs#of#trade#across#a#key#corridor#in#
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West# Africa.# The# reduction# in# trade# costs# will# potentially# improve# competitiveness# for# the#
countries# concerned,# thereby# increasing# regional# and# international# trade# and# reducing#
poverty.#The#results#are#highly#politically#dependent#in#that#they#require#countries#along#the#
corridor#to#fully#buyJinto#the#programme#and#drive#progress.#The#design#phase#comes#at#a#
difficult#time#in#terms#of#threats#regionally#from#the#Ebola#virus#and#the#prospect#of#Nigerian#
elections.#These#risks#will#need#to#be#factored#into#the#viability#assessments,#and#especially#
in#terms#of#the#latter#risk#play#a#part#in#shaping#any#programmatic#response.#
#
2.
Objectives&&
The# assignment# requires# substantive# programme# delivery# responsibility# around# two# key#
objectives:#
•
•
Objective& 1# surrounds# the# need# to# scope# and# design# a# five# year# programme# to#
support# the# reduction# of# trade# costs# on# a# major# West# Africa# trade# corridor,#
potentially#the#LagosJAbidjan#Economic#Corridor#(LAEC)4;#and#
Objective& 2#aims# to# test#the# feasibility# of#a# longer#term#Corridor#Programme#along#
the#LAEC#through#gaining#political#commitment#to#the#process.##
#
3.
Recipients&
This# consultancy# will# be# procured# and# funded# by# the# Government# of# Denmark# (Denmark).##
The# main# recipients# of# this# consultancy# will# be# the# Governments# that# signed# the# Abuja#
Process# in# September# 2013,# including# the# Governments# of# Nigeria,# Ghana,# Cote# d'# Ivoire,#
Cape#Verde,#Senegal,#Benin#and#the#Niger#Republic.#In#addition,#the#other#recipients#will#be#
the# Economic# Community# of# West# Africa# States# (ECOWAS)# and# UEMOA# (West# African#
Economic# and# Monetary# Union).# The# private# sector# will# also# be# a# critical# recipient# across#
LagosJAbidjan#Corridor#countries#(Benin,#Cote#d’Ivoire,#Ghana,#Togo#and#Nigeria).#
#
4.
Scope&of&Work&and&Deliverables&
The#scope#of#work#for#the#Consultant#is#divided#into#three#stages#each#building#sequentially#
to# reduce# risks.# The# consultancy# team# will# be# responsible# for# delivery# of# each# stage# and#
upon# the# successful# completion# of# each,# gain# approval# for# the# next# from# the# Steering#
Committee#envisaged.#
####################################################################
4
#To#be#confirmed#by#the#initial#Stage#(Stage#1)#of#the#assignment.#
#
#
#
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Stage&1&–Mobilisation&&&Cross&Visits&(Months&1M5)&
A#two#months#inception#period#is#foreseen#during#which#the#Consultant#a.o.#must#develop#
ToR#and#procedures#for#a#Steering#Committee#to#be#approved#by#the#Client#as#well#as#assist#
the#Client#in#identifying#potential#Steering#Committee#members.#Steering#Committee#
members#should#have#the#necessary#skills#and#reflect#representation#of#key#regional#and#
national#stakeholders.#The#option#of#steering#groups#in#each#country#should#be#considered.#
In#addition,#the#Consultant#must#agree#with#the#Client#on#overall#governance#oversight#and#
relationship#to#Abuja#Process#HLTP.##An#inception#report#should#be#prepared#for#the#
approval#of#the#Client#and/or#Steering#Committee.#The#report#should#a.o.#include#a#detailed#
work#plan#and#CVs#for#approval#for#planned#short#term#input.#
#
This#initial#stage#will#examine#if#the#LagosJAbidjan#Corridor#should#be#the#main#focus#or#if#
there#are#higher#potential#corridors#in#terms#of#trade#volumes,#poverty#reduction#and#
viability.#Stage#1#will#develop#a#set#of#criteria#for#making#this#decision,#which#will#include#
initial#collation#and#appraisal#of#the#available#information#on#work#that#has#already#been#
done,#or#will#be#done,#to#support#the#AbidjanJLagos#corridor#–#as#well#as#the#past#initiatives#
that#have#failed#to#meet#their#objectives#and#the#reasons#why.#Stage#1#will#validate#the#level#
of#political#commitment#of#key#stakeholders#along#the#AbidjanJLagos#or#alternative#corridors,#
including#at#the#ministerial#level#of#government,#regional#organisations#as#well#as#the#private#
sector,#and#increase#the#level#of#familiarity#about#corridor#development#and#trade#
facilitation#experience#in#other#parts#of#Africa,#most#notably#in#East#Africa.##
A# part# of# this# stage# will# be# the# organisation# of# a# crossJvisit# to# Denmark’s# projects# in# East#
Africa#by#selected#members#of#the#Abuja#Process#HLTF#led#by#Minister#Aganga#from#Nigeria.#
The#visit#should#allow#the#West#African#delegation#to#inspect#some#of#the#recent#successes#
achieved# along# the# Northern# and# Central# corridor# (Mombasa# port,# Busia# border,# HoliliJ
Taveta# border);# include# allocated# time# for# Ministerial# meetings# between# the# West# African#
and#East#African#officials#and#meetings#with#senior#project#staff#in#the#region.#A#secondary#
objective# of# the# mission# would# be# to# establish# a# functional# link# between# the# West# Africa#
Borderless#Alliance#and#the#East#African#Business#Council#to#support#knowledge#sharing#and#
lesson#learning#on#private#sector#advocacy#related#to#trade#facilitation.#
Stage#1’s#scope&of&work#will#include:#
i.
ii.
#
Contract#and#mobilise#consultancy#team#with#the#required#skills.#If#necessary,#set#up#
temporary#project#office;#
Agree#with#Client#(Danida)#on#Steering#Committee#members#based#on#skills#required#
and#reflecting#representation#of#key#regional#and#national#stakeholders,#with#the#
option#of#steering#groups#in#each#country;#
#
#
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iii.
Agree#with#Client#on#overall#governance#oversight#including#terms#of#reference#for#
Steering#Committee#and#relationship#to#Abuja#Process#HLTP;#
iv.
Agree#on#quarterly#reporting#formats#with#the#Steering#Committee;##
v.
Complete#Inception#report,#including#final#work#plan#and#CVs#for#approval#for#short#
term#input;#
vi.
Arrange#crossJvisit#to#East#Africa#by#Abuja#Process#High#Level#Task#Force#(HLTF)#and#
act#on#key#recommendations#from#the#visit;#
vii. Agree#criteria#for#corridor#selection#&#initial#analysis#of#pros#and#cons#of#alternative#
strategies#including#likely#results#and#impact#as#well#as#political#viability#and#buyJin;#
viii. Review#existing#studies#and#analysis#on#AbidjanJLagos#corridor#(if#selected#or#
alternative#corridor)#by#national#Governments,#regional#institutions#(ECOWAS,#
UEMOA,#Africa#Union#&#PIDA)#and#development#partners#including#the#World#Bank,#
African#Development#Bank,#NEPAD,#the#European#Union#and#bilateral#donors#active#
in#West#Africa#including#USAID’s#Trade#Hub;#
ix.
Verify#the#focus#on#the#intended#corridor#from#the#standpoint#of#stakeholder#
demand#and#potential#impact;##
x.
Identify#key#private#sector#champions#and#associations#to#work#with#the#programme#
and#core#messages#for#advocacy#programmes.#
#
The#core&outputs&and&decisions#from#Stage#1#are#envisaged#to#be:#
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
#
Selection#&#appointment#of#Steering#Committee#members;#
Agreement#of#Governance#Oversight#Structure#by#Danida;#
Finalisation#of#reporting#requirements;#
Inception#report#and#work#plan,#including#CVs#for#short#term#input;#
Completion#of#cross#visit#to#East#Africa#&#visit#report#/#action#plan;#
Corridor#selection#criteria,#analysis#of#alternative#corridor#pros#and#cons#for#decision#
making#and#selection#of#the#focus#corridor;#
AbidjanJLagos#(or#alternative)#corridor#literature#review#&#planned#corridor#
diagnostic#analysis;#
AbidjanJLagos#(or#alternative)#corridor#stakeholder#mapping#assessment;#
Verification#that#the#intended#corridor#is#viable#from#an#impact#and#stakeholder#
perspective;#
Identification#of#core#project#partners;#and#
Stage#1#report,#including#Stage#2#work#plan#(if#applicable#and#viable)#with#details#of#
activities#and#outputs,#and#if#necessary#CVs#for#short#term#input.#
Stage&2&–&Diagnostic&&&Preparatory&Analysis,&and&testing&of&Political&Will&(Months&6&M&16)&
Subject#to#indications#of#sufficient#ownership#by#West#African#stakeholders#and#the#Steering#
Committee’s# decision# to# continue# with# a# stage# 2,# the# Consultant# will# undertake# more#
substantive# diagnostic# analysis# in# the# second# stage.# Issues# to# be# assessed# are# expected# to#
include:#
#
#
#
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i.
Corridor&diagnostic&verification#–#verification#of#the#key#Abidjan#to#Lagos#corridor#(if#
selected#or#alternative#corridor)#bottlenecks#in#terms#of#time#and#costs,#as#well#as#a#
thorough#identification#of#challenges#and#of#highest#potential#interventions;##
ii.
Regional#Transport&regulatory&review#to#highlight#regulatory#changes#required#to#
allow#for#free#movement#of#goods#and#trucks;#
iii.
Assessment#of##West#African#regional#customs#and#trade&facilitation&regulation#and#
plans#for#trade#facilitation#reforms#under#the#Bali#TFA;##
iv.
Analysis#of#potential&financing&modalities#(PPPs#vs.#donor#grant#funding#vs.#other);#
and#
v.
More#inJdepth#political&economy#and#corruption#analysis#(e.g.#Drivers#of#Change)#of#
possible#programme#interventions.#
#
At#the#latter#part#of#Stage#2#–#and#subject#to#the#Steering#Committee’s#approval#of#viability#–#
the# Consultant# will# bring# together# the# various# strands# of# preparatory# work# into# one&
coherent&programme&document#that#will#take#into#account#existing#players#and#the#context.#
The# programme# document# shall# meet# the# information# requirements# of# potential# donors#
such# as# the# World# Bank# and# DFID.# The# document# will# also# lay# out# the# intended# legal# and#
project#delivery#structures#as#follows:#
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
#
Clear#results#targets#and#allied#results#framework#and#Theory#of#Change;#
Core#programme#activities,#results,#outcomes#expected#and#budgets;#
Outline#of#project#delivery#structures#including#stakeholder#oversight#and#
participation#and#legal#analysis#of#different#incorporation#options;#
Risk#Analysis#and#mitigation#plans;#
Initial#definition#of#skills#and#staff#required#for#implementation;#
Map#donor#plans#and#other#potential#sources#of#finance#and#assess#potential#
interest;#and##
Develop#programme#work#plans#and#implementation#approaches,#including#
development#modalities#to#be#utilized#(grants,#financial#aid,#technical#assistance,#
outputJbased#aid#and#possibly#guarantees#and#loans);#and#
Initial#procurement#and#value#for#money#plans.#
Towards#the#end#of#Stage#2,#the#Consultant#will#arrange#a#Heads#of#State#Summit#in#Lagos.#
Here#the#results#of#stage#2#will#be#presented#to#the#regional#leaders#as#a#test#of#political#will.#
In# parallel,# the# Consultant# will# need# to# liaise# with# donors# and# other# sources# of# finance# to#
strategically#establish#whether#agreement#on#a#partly#or#fully#donorJsponsored#programme##
for#the#chosen#corridor#can#be#reached,#what#it#would#cost#and#how#it#could#be#financed.##
The#main#outputs#to#be#produced#under#Stage#2#are#as#follows:#
•
•
•
#
Diagnostic#corridor#reports#as#agreed#during#the#Inception#Period;#
Donor#and#other#sources#of#finance#mapping#assessment;#
Finalisation#of#the#project#marketing#and#partnerships#strategy;#
#
#
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#
•
•
#
•
•
•
•
•
Continual#dialogue#with#potential#donors#and#others#with#the#aim#to#obtain#funding#
for#the#implementation#of#the#programme,#if#found#viable;#
Continual#dialogue#with#private#sector#organisations#and#other#relevant#
stakeholders;#
Draft#programme#document;#
Convening#and#successful#delivery#of#a#High#Level#Heads#of#State#Summit#(Lagos);##
Secure#buyJin#from#core#investor#group#of#bilateral#and#multilateral#agencies;#
Secure#interest#from#Nigerian#EMT,#other#governments,#RECs,#private#sector#bodies;##
Stage#2#report,#including#Stage#3#work#plan#if#viable.#
Stage&3&–&Finalisation&of&programme&document&&(Months&17&M&20)&M&Second&phase&of&
contract&
If#the#resultant#Heads#of#State#Summit#and#associated#preliminary#diagnostic#work#suggests#
that#a#larger#donor#sponsored#programme#along#the#AbidjanJLagos#corridor#(if#selected)#is#
politically#feasible#and#could#be#expected#to#provide#significant#return#on#investment,#and#if#
sufficient# funding# is# likely# to# be# obtained,# a# third# stage# (Second# phase# of# the# Consultant’s#
contract)# will# be# implemented.# During# this,# the# Consultant# will# finalise# the# programme#
documents# in# close# dialogue# with# the# funding# sources# to# ensure# compliance# with# their#
requirements.#
#
Stage#3#will#include#the#following:##
•
#
•
Dependent#upon#buyJin,#develop#a#road#map#and#work#plan,#including#details#for##
establishment#of#a#legal#entity#in#West#Africa,#along#the#lines#of#other#successful#
international#programmes#(such#as#FSD#Kenya#and#TMEA);#
Finalise#programme#document.#
The# outputs# envisaged# from# Stage# 3# represent# the# final# successful# delivery# of# the#
preparatory#programme#as#follows:#
•
•
•
#
AbidjanJLagos#(or#alternative)#Corridor#Trade#Facilitation#programme#marketing#and#
partnership#strategy;#
Roadmap#and#work#plan,#including#details#for#legal#establishment;#
Final#programme#document.#
#
#
#
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#
5.
Methodology&
Approach&to&the&Assignment&
The#Consultant#is#expected#to#carry#out#a#full#inventory#of#existing#work#on#the#corridor#and#
carry#out#some#original#fieldwork#to#gather#new#data.#The#Tenderer#should#present#their#
proposed#approach#and#methodology#in#the#technical#proposal#along#with#a#draft#work#plan.##
The#Consultant#is#expected#to#engage#very#closely#with#national#and#regional#stakeholders#in#
both#the#public#and#private#sectors,#particularly#the#national#surface#transport#implementing#
agencies,#transport#users,#shippers,#and#other#affected#groups.##
The#Consultant#is#expected#to#have#or#setJup#a#temporary#project#office#in#a#relevant#
country#in#the#region.#
The#organisation#of#the#work#is#the#responsibility#of#the#Consultant#and#should#be#specified#
and#explained#clearly#in#the#technical#tender.##
Advisory#inputs#will#be#provided#from#staff#working#in#a#similar#initiative#in#East#Africa#
through#possible#membership#of#the#steering#committee#for#the#project#on#a#quarterly#basis.#
These#inputs#will#be#voluntary,#and#will#be#largely#restricted#to#quarterly#or#sixJmonthly#
inputs.#Costs#of#airfare#and#per#diem#will#be#covered#by#fixed#sum#to#be#included#in#the#
Tenderer’s#financial#proposal.#
#
6.
Reporting&
The#Consultant#will#report#to#the#Steering#Committee#established#by#Danida#to#oversee#the#
project.##
Main#reports#should#be#in#English#and#French#–#At#the#first#Steering#Committee#meeting,#it#
should#be#agreed#with#the#Steering#Committee#which#reports#will#be#in#both#English#and#
French.##
Apart#from#the#reports#mentioned#above#under#outputs#for#the#three#stages,#the#Consultant#
will#deliver#semiJannual#upJdated#work#plans#to#the#Steering#Committee#and#semiJannual#
financial#reports#on#the#implementation#of#the#contract#to#the#Client#(Danida).##
#
7.
Timeframe&
A#contract#is#expected#to#be#signed#before#January#10,#2015.#The#first#phase#of#the#
assignment#is#expected#to#commence#in#February,#2015#and#last#16#months#including#an#
inception#period#of#2#months.#Stage#3#of#the#ToR#is#included#as#an#option#in#the#contract#and#
#
#
#
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#
will,#if#approved,#last#4#months.#The#appointed#Consultant#is#expected#to#work#according#to#
the#detailed#timetable#submitted#as#part#of#the#Inception#Report.#
#
8.
Coordination&
The# consultants# should# coJordinate# closely# with# other# key# players# working# on# regional#
corridors# in# West# Africa# including# the# Regional# Economic# Communities,# World# Bank,#
AbidjanJLagos# Corridor# Organisation# (ALCO),# AfDB,# JICA,# AU,# UNECA# and# the# USAID# Trade#
Hub.#The#initiative#should#also#work#with#existing#stakeholders#active#in#this#area#such#as#the#
Borderless#Alliance.#
The#preparatory#phase#should#demonstrate#that#there#is#no#overlap#with#other#projects#or#
programmes#in#the#intended#scope#of#work.#
9.
Required&Skills&and&Experience&
It#is#for#bidders#to#propose#the#team#composition#including#support#personnel,#which#they#
feel#best#meets#the#requirements#of#the#Terms#of#Reference.#The#bid#should#balance#local#
and#international#skills#and#include#strong#bilingual#English#and#French#language#skills.#
The#organisation#of#the#work#is#the#responsibility#of#the#Consultant#and#should#be#specified#
and#explained#clearly#in#the#technical#tender.#Number#of#work#days#proposed#for#each#key#
personnel#must#be#stated#in#the#Personnel#Assignment#Chart.##
The# CVs# of# the# core# team# (The# Team# Leader# and# a# Technical# Lead)# will# form# part# of# the#
technical#tender#and#its#evaluation.##
In#addition,#it#is#expected#that#the#Consultant#will#need#input#from#advisers#with#expertise#in#
areas#such#as:#
•
•
•
•
•
•
•
•
•
Transport#Economics#and#Regulation;#
MultiJmodal#and#nodal#transport#(rail,#road#and#lake#transport,#ports,#borders#etc.);#
Knowledge#of#West#Africa#logistics#and#transport#services;#
Infrastructure#Development;#
Trade#Facilitation#and#Trade#ICT#skills;#
Political#Economy#analysis;##
Institutional#Development;#
Environmental#assessment;##
SocioJeconomic#analysis#
The# input# of# these# advisers# will# have# to# be# detailed# in# the# technical# proposal# under# the#
approach# and# methodology,# the# work# plan,# the# organization# and# management,# as# well# as#
#
#
#
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#
the#personnel#assignment#chart.#The#CVs#of#these#other#advisers#should#not#be#included#in#
the# technical# proposal.# The# CVs# of# these# will# have# to# be# presented# for# the# Steering#
Committee#and#Client’s#approval#as#part#of#the#Inception#Report.##
Profile&of&the&Team&Leader:#
The#Team#Leader#should#be#very#familiar#with#the#Corridors#and#with#thorough#knowledge#
of#West#Africa.#S/he#should#have#strong#corridor#and#advocacy#experience,#good#knowledge#
of#trade#facilitation,#transport#and#logistics#dynamics#and#good#interpersonal#and##
communication#skills.##
The#preferred#Team#Leader#candidate#should#have#the#following#qualifications:#
General#qualifications#
-
Relevant#university#degree#in#a#discipline#relevant#for#the#position#
Thorough#relevant#experience#
Team#leader#experience#from#donor#financed#projects/programmes#
Strong#analytic#and#writing#skills#
Adequacy#for#the#assignment#
-
Advocacy#experience#related#to#corridor#and/or#trade#facilitation#
Good#knowledge#of#trade#facilitation,#transport#and#logistics#dynamics#
Good#knowledge#of#corridor#planning#and#development#
Thorough#experience#working#with#many#different#stakeholders,#including#high#level#
politicians#
Experience#from#the#region#and#language#
-
Thorough#experience#from#the#region#–#relevant#working#experience#from#at#least#
two#of#the#relevant#countries#will#be#an#advantage#
Familiarity#with#the#relevant#Corridors#
Fluent#in#English#and#preferably#also#French#
#
Profile&of&the&Technical&Lead&
The#Team#Leader#should#be#supported#by#a#Technical#Lead#with#strong#logistics#and#
transport#economics#skills,#with#corridor#logistics#analysis#and#modelling#experience#as#well#
as#good#interpersonal#skills#and#the#ability#to#meet#deadlines.###
The#preferred#candidate#for#the#Technical#Lead#position#should#have#the#following#
qualifications:#
#
#
#
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#
General#qualifications#
-
Relevant#degree#in#a#discipline#relevant#for#the#position#
Thorough#relevant#experience#
Adequacy#for#the#assignment#
-
Thorough#experience#with#logistics#and#transport#economics##
Experience#with#corridor#logistics#analysis#and#modelling#experience#
Experience#with#effective#presentation#of#findings##J#also#to#nonJtechnical#
audience/readers#
Experience#from#the#region#and#language#
-
Relevant#working#experience#from#the#region#
Familiarity#with#the#relevant#Corridors#will#be#an#advantage#
Fluent#in#English#and#preferably#also#French##
#
10.
Requirements&to&home&office&support&
The#Consultant’s#home#office#shall#provide#the#following,#to#be#covered#by#the#Consultant’s#
fees:#
•
•
•
General#home#office#administration#and#professional#backJup;#
Implementation#of#the#business#integrity#management#plan;#
Quality#assurance#(QA)#of#the#consultancy#services#in#accordance#with#the#quality#
management#and#quality#assurance#system#described#in#the#Tender.#Special#
emphasis#should#be#given#to#quality#assurance#of#reports#prior#to#the#submission#of#
such#reports.#
#
A#business#integrity#management#plan#and#procedures#should#be#developed#to#ensure#
compliance#with#Danida’s#antiJcorruption#Code#of#Conduct#and#the#principles#of#the#UN#
Global#Compact#during#project#implementation.#
#
The#Tenderer#should#select#someone#who#is#not#directly#involved#in#the#implementation#to#
be#responsible#for#QA.#The#CV#of#this#person#shall#be#included#in#the#technical#tender.#All#QA#
activities#shall#be#properly#documented.#
#
The#technical#tender#shall#comprise#a#detailed#description#of#the#proposed#QA#and#business#
integrity#management,#in#order#to#document#that#the#Tenderer#has#fully#internalised#how#to#
implement#the#QA#and#business#integrity#management#and#in#order#to#enable#a#subsequent#
#
#
#
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#
verification#that#the#QA#and#business#integrity#management#have#actually#been#carried#out#
as#agreed.#
#
11.
Financial&Proposal&
The#Tenderer#is#requested#to#submit#a#financial#proposal#that#includes#a#budget#for#each#of#
the#two#phases#of#the#project.#The#financial#proposal#must#cover#the#fees#of#all#personnel#
(including#possible#support#personnel).#Costs#for#travel#and#subsistence#allowance#for#the#
personnel#are#required#to#be#included#according#to#the#approach#proposed.##
The#following#costs#should#all#be#entered#under#B.4#“Other#project#related#expenses#in#the#
Schedule#of#prices’’:#
Necessary#office#expenses#
A#fixed#sum#of#DKK#100,000#to#cover#expenses#in#connection#with#Steering#
Committee#Meetings#(i.e.#air#fare#and#per#diem#for#advisory#input#from#East#Africa,#
and#if#necessary,#for#other#steering#committee#members.)#
• A#fixed#sum#of#DKK#250,000#shall#be#set#aside#for#the#crossJvisit#to#East#Africa#by#
Abuja#Process#High#Level#Task#Force.##
• A#fixed#sum#of#DKK#150,000#for#a#Heads#of#State#Summit#in#Lagos#
#
The#fixed#sums#will#not#be#part#of#the#price#evaluation.#
•
•
Please#note,#that#the#maximum#budget#for#this#contract#(Phase#1#and#Phase#2)#is#DKK#4.6#
million#including#the#total#fixed#sums#of#DKK#500,000.#
#
12.
-
Background&Documents&
Accelerating#Regional#Trade#Integration#in#West#Africa#(ATWA),#Concept#Note,#
October#2014#
#
#
#
#
#
#
#
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#
APPENDIX 2 – PERSONNEL, EQUIPMENT, FACILITIES AND SERVICES
OF OTHERS
(i)
Provided by the Client:
The Client shall make available or arrange to make available the following Staff, equipment, facilities
and services to the Consultant free of charge.
These shall be made available to the Consultant at such time or times as stated in the Consultant's work
plan or otherwise as will be consistent with the Services to be carried out by the Consultant and so as
not to hinder or disturb the planned activities of the Consultant.
(a)
Personnel
Not applicable
(b)
Equipment
Not applicable
(c)
Facilities
Not applicable
(d)
Services
Not applicable
(ii)
#
Provided by the Recipient (if applicable): Not applicable
#
#
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#
APPENDIX 3 - REMUNERATION AND PAYMENT
Appendix 3 comprises
3.1 - Schedule of Prices (to be completed by the Tenderer)
3.2 - Terms of Remuneration
3.3 - Terms of Payment
#
#
#
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#
3.1 - SCHEDULE OF PRICES
(To be completed by the Tenderer)
The Schedule of Prices comprises this summary page and the Forms
(i)
Breakdown of Fees for each phase
(ii)
Breakdown of Project related expenses for each phase
The payment to the Consultant by the Client comprises fees and reimbursement of expenses within the
ceiling amounts and sub-ceiling amounts as specified below and detailed in the Breakdown of Fees and
Breakdown of Reimbursable Expenses, all subject to Appendix 3.2 - Terms of Remuneration.
The Ceiling Amounts are the sums of the prices for each phase.
(all prices are quoted in Danish Kroner).
Ceiling amount
Phase 1
Phase 2
Total
Fees
Project related expenses
Contract price
Contract Price: (insert the total ceiling amount in words as e.g. DKK three million three hundred and fifty seven
thousand and sixty three.)
All amounts in the agreement are in Danish kroner (DKK) including all taxes, charges, and VAT.
Fluctuations in foreign prices and exchange rates are of no concern to the Client and will therefore not
result in any adjustment of the agreed total budget in Danish kroner.
(The following Forms shall as applicable be filled in with
#
-
The description, number of units, rate/price per unit converted to DKK for each budget line (add extra
budget lines as applicable),
-
The computed amount for each budget line,
-
The sub-ceiling amounts, and
-
The transfer of the ceiling prices to this page, calculation of the Price for each Phase and calculation of the
Total Price as the sum of the Prices for each Phase.)
#
#
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#
Schedule of prices – Breakdown of Fees
Code
Position
A.1
Long Term Key Personnel
Name
Unit:
Months
Number
of units
A.1.1
A.1.2
A.1.3
A.1.4
A.1
Sub-ceiling amount
A.2
Short Term Key Personnel
Days
A.2.1
A.2.2
A.2.3
A.2.4
A.2.5
A.2.6
A.2
Sub-ceiling amount
A
Total Fees
#
#
#
Rate DKK
Amount DKK
Amount DKK
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#
Schedule of prices – Breakdown of Project related Expenses
Code
Description
B.1
International travel
Unit
Number
of units
B.1.1
B.1.2
B.1.3
B.1.4
B.1.5
B.1
Sub-ceiling amount
B.2
Local travel
B.2.1
B.2.2
B.2.3
B.2.4
B.2.5
B.2.6
B.2
#
Sub-ceiling amount
#
#
Unit Price
Amount DKK
Amount DKK
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#
Schedule of prices – Breakdown of Project related Expenses
Code
Description
Unit
B.3
Subsistence allowance
Day
Number
of units
Unit Price
Amount DKK
Amount DKK
B.3.1
B.3.2
B.3.3
B.3.4
B.3
Sub-ceiling amount
B.4
Other project related expenses
B.4.1
Fixed sum for Steering Committee expenses
100,000
100,000
B.4.2
Fixed sum for cross-visit to East Africa
250,000
250,000
B.4.3
Fixed sum for Heads of State Summit
150,000
150,000
B.4.4
B.4.5
B.4
Sub-ceiling amount
B
Total project related expenses
A+B
#
#
#
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#
3.2 - TERMS OF REMUNERATION
1.
Total Price, Ceiling Amounts and Sub-ceiling Amounts
1.1
The remuneration for the Services comprises fees and reimbursable expenses as detailed in the
Schedule of Prices and within the limits of the ceiling amounts and sub-ceiling amounts specified.
The ceiling amounts are sub-divided into sub-ceiling amounts as follows:
All amounts shall be in DKK.
A
1.2
Fees
Ceiling Amount
A.1 Long term Key Personnel
Sub-ceiling Amount
A.2. Short term Key Personnel
Sub-ceiling Amount
B
Project-related Expense
Ceiling Amount
B.1
International travel
Sub-Ceiling Amount
B.2
Local travel
Sub-ceiling Amount
B.3
Subsistence allowance
Sub-ceiling Amount
B.4
Other project related expenses
Sub-ceiling Amount
The Schedule of Prices forms the total budget for payment of fees and reimbursable expenses
under the Agreement.
Time worked by Key Personnel or expenses incurred other than those specified in the Schedule
of Prices or where amounts are not entered in the Schedule of Prices shall not be remunerated by
the Client, but shall be deemed covered by the Consultant's Overhead (see definition below).
The Client shall make no remuneration whatsoever for fees and/or reimbursable expenses in
excess of the Ceiling Amounts and Sub-ceiling Amounts.
Reallocation of amounts between ceiling amounts shall not be accepted, but reallocation of
amounts between and within Sub-ceiling Amounts may take place subject to the following
limitations
#
-
Reallocation of amounts between Sub-ceiling Amounts of fees or within Sub-ceiling
Amounts of fees requires the written prior acceptance of the Client;
-
reallocation of amounts between Sub-ceiling Amounts Reimbursable expenses may take
place, provided that no original Sub-ceiling Amount is exceeded by more than 20%, and
that the Client is informed in writing prior to expenditure.
#
#
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#
2.
Fees
2.1
Fees shall be determined on the basis of time actually worked on execution of the Services by the
Staff as listed by position and name and at the rates specified in the Schedule of Prices.
Fees shall only be paid for time worked from the Commencement Date.
The fee rates shall be daily fee rates for Key Personnel on short-term assignment and monthly
fee rates for Key Personnel on long-term assignment.
Weekends are not considered work days unless requested by the Client/Client’s representative.
All travel days are considered working days.
Where the weekly working hours for work in the Recipient Country are determined by the
Recipient, such working hours shall be followed by Personnel on long-term assignment.
The fee rates shall be fixed for the period of the Agreement.
All fee rates must cover:
2.2
-
The remuneration actually paid per month to Key Personnel on long-term assignments,
and per working day to Key Personnel on short-term assignments.
-
Administrative costs of employing the Key Personnel, such as relocation and repatriation
expenses (excluding flights to and from the beneficiary country upon mobilization and
demobilization), expatriation allowances, leave, medical insurance and other benefits
accorded to the Key Personnel.
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Accommodation for Key Personnel on long term assignments (accommodation for Key
Personnel on short term assignments is covered by the Subsistence allowancwe / per diem).
See also 3.4.
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The margin covering the Consultant’s overheads, profit and backstopping facilities such as
(i) general administration and administration related to the Services (management, Key
personnel, secretarial services, book keeping and auditing, IT administration, engineering
backup, other support, etc.), (ii) internal quality management and assurance, (iii) marketing
(promotion, tendering, negotiations etc.), (iv) HRD and business development.
"Key Personnel" means any professional Staff as defined in Particular Conditions Part B Clause
1.1.18.
"Long-term assignment" means full-time assignment to the duty station for the execution of the
Services for an uninterrupted period of 6 months or more. If long-term assignment is followed
by subsequent assignments for periods of less than 6 months, the latter shall be considered shortterm assignments.
"Short-term assignment" means assignment to the duty station for the execution of the Services
for a period of less than 6 months.
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For Key personnel on long-term assignment in the Recipient Country the annual leave
entitlement must not exceed 42 calendar days.
3.
Project-related Expenses
3.1
The Client shall, subject to the conditions and principles set out in these terms, reimburse the
Consultant's expenses as specified in the Schedule of Prices and actually and reasonable incurred
by the Consultant in the execution of the Services.
Reimbursement of expenses shall only take place against documentation from a third party.
Only expenses listed by the types and amount in the Schedule of Prices, and defined as follows
shall be reimbursed.
3.2
International Travel
Outward travel on commencement of assignment between the permanent residence and the base
of operation and return travel on completion of the assignment shall be reimbursed for all Key
Personnel. Journeys from the airport or public transport station closest to the place of permanent
residence of the Key Personnel to the final place of assignment are regarded as international
travel. The sections of the journey before and after the international journey, including that
between the town of arrival and its airport are covered by the per diem.
All travels to be reimbursed shall be made by the most appropriate means of transport and the
most direct, practicable route, and shall be on what corresponds to economy class using existing
discount schemes.
3.3
Local travel
Travel costs for mission to be undertaken by Key Personnel as part of the assignment away from
the base of operation in the beneficiary country. Such travel expenses may comprise:
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3.4
Travels by air/ground by the most appropriate means of transport and the most direct,
practicable route, and shall be on what corresponds to economy class using existing
discount schemes.
Subsistence allowance
Subsistence allowance paid on a per diem basis to Key Personnel on long-term assignments on
missions requiring an overnight stay away from the base of operations in the beneficiary country,
and to Key Personnel on short-term assignments away from their permanent place of residence.
Per diems cover accommodation, meals, local travel within the place of mission (intra-city travel)
and sundry expenses not exceeding the per diem rate published on the EC web site.
3.5
Other project related expenses
Expenses for insurances referred to in Particular Conditions B. Additional Clauses 7.1. and 7.2.
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Other expenses only as specified in Appendix 1, Scope of Services.
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3.3 - TERMS OF PAYMENT
1.
General
Payments shall be made as advance payment, quarterly progress payments, and final payment all
subject to these terms.
Reimbursable expenses incurred in other currencies than Danish Kroner shall be converted into
Danish Kroner at the exchange rate(s) published by an official source in the country of the
Consultant, on the date 30 days prior to the date of the issue of the Consultant's invoice to the
Client or the exchange rate published on the date of entry in the books.
2.
Advance payment
Pending an Advance Payment Security draw up by a bank of repute5 (the attached Form of
Advance Payment Security must be used), advance payment of a maximum of 30% of the
contract amount shall be paid by the Client to the Consultant. The advance payment shall be
repaid by way of reduction in the quarterly progress payments with 30% until the advance
payments have been recovered in full.
The guarantee for advance payment will be released by the Client no later than 30 days after
payment of the Final Payment at the request of the Consultant. The Client may decide to
renounce on the requirement of the Consultant to provide an Advance Payment Security.
3.
Quarterly progress payments
3.1
Quarterly Invoices
As soon as practicable and not later than 30 days after the end of each calendar quarter during
the period of the Services, the Consultant shall submit to the Client in one copy and the Client’s
Representative (cf. Particular Conditions A, clause 2.7.) in one copy, an invoice for the fees for
the Services rendered and the reimbursable expenses actually incurred by the Consultant during
the preceding quarter.
Invoices shall bear the Client’s reference, be numbered sequentially and dated, and submitted in
accordance with instructions of the Client.
Such quarterly invoices shall be itemized and sub-totaled by using the headings and posts of the
Schedule of Prices and shall be established in a form acceptable to the Client, with a specification
of fees and reimbursable expenses for the period in question.
Claims in respect of fees shall specify the name, position, fee rate and days, dates or periods
worked for each person.
The Client reserves the right to require, at any time, the Consultant to submit receipts, invoices,
vouchers, and any other appropriate material supporting and giving evidence of the expenses
incurred by the Consultant.
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5
A bank of repute shall mean a bank whose current credit rating corresponds to level A (A- to
AAA/Aaa) at Standard & Poor's or Moody's rating of long-term debt.
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If the remuneration due to the Consultant is reduced, the Consultant shall submit a credit note to
the Client in a form acceptable to the Client, which amount shall be deducted from the next
quarterly progress invoice.
3.2
Fourth quarter invoices
The invoice of the fourth quarter of the calendar year shall meet the requirements in Clause 3.1
and shall further be accompanied by the following:
(i)
An annual audited statement of accounts for the calendar year audited by the Consultant's
external chartered or registered auditor showing:
(a)
The total sum of the invoices issued in the calendar year.
(b)
The accumulated amounts of invoices issued from the Commencement Date.
(c)
The adjusted Ceiling Amounts, if applicable, with specification of the adjustments.
(d)
The amounts available for the remaining period of the Agreement.
This audited statement of accounts shall be itemized in the same way as the Schedule of
Prices and shall be in a form acceptable to the Client.
(ii)
The external auditor’s opinion on the annual audited statement of accounts.
The Client may withhold part of a quarterly invoice from payment where the amounts invoiced
by the Consultant do not correspond to the work performed or where the Consultant has failed,
upon request of the Client, to submit satisfactory supporting documents for such part of the
invoice.
Should any discrepancy be found to exist between the actual payment made and the fees and
expenses incurred by the Consultant during any invoice period, the Client may correct the
difference in any subsequent progress payment.
4.
Final payment
As soon as practicable, and not later than 90 days after the completion of the Services, the
Consultant shall submit to the Client and the Client’s representative (cf. Particular Conditions A,
clause 2.7.) a final invoice for the fees for Services rendered and the reimbursable expenses
actually incurred by the Consultant.
The final invoice shall bear the Agreement reference, shall be dated and shall be submitted in a
form acceptable to the Client. The final invoice shall be clearly marked as being the final invoice.
The final invoice shall be accompanied by a final statement of accounts prepared by the
Consultant and audited by the Consultant's chartered or registered auditor showing:
(i)
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The total sum of the invoices issued in the calendar year of completion of the Services.
(ii)
The accumulated amounts of invoices issued from the Commencement Date.
(iii)
The adjusted Ceiling Amounts, if applicable, with a specification of the adjustments.
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This audited statement shall be itemized in the same way as the Schedule of Prices and shall be in
a form acceptable to the Client.
The final invoice shall also be accompanied by the auditor's opinion on the final audited
statement of accounts.
If the final audited statement shows that the Client has made advance payments or quarterly
progress payments in excess of the amount actually payable under the Agreement, the Consultant
shall reimburse the Client the excess amount within 30 days of the audited statement showing
such excess payment.
5.
The Client's right to repayment
Invoices presented to the Client will normally be paid without having been examined by the
relevant office in charge of the administration of the contractual stipulations with respect to
terms and conditions of payment. Payment of specific invoices therefore implies no
acknowledgement of the correctness of the amounts stated in the invoices, nor is payment any
indication of acceptance of any obligation to pay, or that the conditions for payment have been
fulfilled.
The Consultant waives any right to claim that payment of invoices limits its obligation to
reimburse any payment made to him to which he was not entitled save as permitted by law as
mentioned herein.
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APPENDIX 4 - FORM OF ADVANCE PAYMENT SECURITY
(Bank or Insurance Company Guarantee)
To:
Ministry of Foreign Affairs
Danida, Business and Contracts Department
Asiatisk Plads 2
DK-1448 Copenhagen K
Denmark
Subject:
(Name of assignment, name of Program/Component/Project)
Contract Agreement:
(Agreement number and reference number)
We, (name of Guarantor) whose registered office is at (address of Guarantor) have been informed that:
1.
(Name and address of the Consultant) (hereinafter called the "Consultant") has entered into an
Agreement dated (Date) with the (name of Client) (hereinafter called the "Client") for the
execution and completion of certain services, namely (Brief description of services) (hereinafter called
the "Services").
2.
It has been stipulated in the Agreement that the Consultant shall be paid by the Client advance
payments for Fees and Reimbursable Expenses for the amounts stated in the Agreement
(hereinafter called the "Advance Payments"), subject to the provision by the Consultant of an
Advance Payments Security in the form of a Guarantee by a recognised bank or insurance
company.
At the request of the Consultant, we hereby issue our unconditional and irrevocable Guarantee in
favour of the Client, for an amount of (Amount in words and figures) Danish Kroner, as security for the
obligation of the Consultant to refund Advance Payments to the Client, and we hereby undertake to
pay the Client, upon receipt of its first written demand, without the Client having to substantiate its
demand or to prove or to show grounds or reasons therefore, provided that this demand shall be
supported by a written statement indicating (i) that the balance outstanding of the Advance Payments
has become due and payable by the Consultant to the Client and (ii) the reason for the said balance
becoming due by anticipation.
We hereby waive the necessity of the Client demanding the said amount from the Consultant before
presenting us with the demand.
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We further agree that no extension of time limits or other modification of the terms of the Agreement
or of the Services to be performed thereunder, which may be agreed upon between the Client and the
Consultant, shall in any way release us from any liability under this Guarantee.
This Guarantee shall be reduced in connection with the fourth quarterly invoice by the total of the
amounts of the Advance Payments repaid during the calendar year by the Consultant in accordance
with the Agreement, provided that such reduction shall take place upon written request of the
Consultant to the Client, and subsequent confirmation to us of the amount of the reduction by the
Client.
This Guarantee shall remain valid and in full force and effect from the date of receipt of the Consultant
of the Advance Payments until the Client receives full repayment thereof from the Consultant.
This Guarantee shall be governed by the laws of Denmark, with place of venue: Copenhagen.
Upon expiry, please return this document to us.
Dated this ____________________________
THE GUARANTOR ______________________
Signature ____________________________
In the capacity of
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