STANDARD REQUEST FOR PROPOSALS · 2016-01-14 · Preface This Standard Request for Proposals for...

Government of Jamaica

S T A N D A R D R E Q U E S T F O RP R O P O S A L S

Selection of Consultants

NATIONAL ENVIRONMENT & PLANNINGAGENCY

April 2010

iii

CONTENTS

Preface ..................................................................................................................................v

Section 1. Letter of Invitation ...............................................................................................3

Section 2. Instructions to Consultants ............................................................................4

DATA SHEET ...................................................................................................................21

Section 3. Technical Proposal - Standard Forms .........................................................26

Section 4. Financial Proposal - Standard Forms ..........................................................38

Appendix .....................................................................................................................46

Section 5. Terms of Reference ......................................................................................51

Section 6. Standard Forms of Contract.........................................................................64

ANNEX III. Small Assignments – Time-Based Payments ...............................................97

v

Preface

This Standard Request for Proposals for Procurement of Services has beenprepared by the Procurement and Asset Policy Unit of the Ministry of Finance,Jamaica. Its use is mandatory for the procurement of consulting services valuedat JA $ 4 million and above according to Government of Jamaica Regulationsand Handbook of Public Sector Procurement Procedures.

Those wishing to submit comments or questions on this document or to obtainadditional information are encouraged to contact:

Ministry of Finance

Procurement and Asset Policy Unit30 National Heroes Circle

Kingston 4

NATIONAL ENVIRONMENT & PLANNING AGENCY

REQUEST FOR PROPOSALSRFP # 2013-09-FOM-09

Project Name: Enhancing the Resilience of the Agriculture Sectorand Coastal Areas to Protect Livelihoods and Improve Food

Security

Title of Consulting Services [Project Engineer Consultancy]

3

Section 1. Letter of InvitationSeptember 13, 2013

1. On behalf of the Government of Jamaica, The National Environment &Planning Agency has committed funds to undertake consultancy service forProject Engineers for which this Request for Proposals is issued.

2. The National Environment & Planning Agency now invites proposals toprovide the following consulting services: Project Engineers. More details onthe services are provided in the Terms of Reference.

3. A firm will be selected under Fixed Budget Method and procedures describedin this RFP, in accordance with the Government of Jamaica Handbook ofPublic Sector Procurement Procedures which can be found at the followingwebsite: www.mof.gov.jm.

5. The RFP includes the following documents:

Section 1 - Letter of InvitationSection 2 - Instructions to Consultants (including Data Sheet)Section 3 - Technical Proposal - Standard FormsSection 4 - Financial Proposal - Standard FormsSection 5 - Terms of ReferenceSection 6 - Standard Forms of Contract

6. Please inform us in writing at the following address upon receipt:

(a) that you received the Letter of Invitation; and(b) whether you will submit a proposal alone or in association.

Bidders are required to use the bidding document for completion and submission of bidsadditional information can be included as an appendices.

Yours sincerely,

Ronnette MenziesNational Environment & Planning Agency10 & 11 Caledonia AvenueKingston 5

4 Section 2. Instructions to Consultants

Section 2. Instructions to Consultants

Definitions a. “Procuring Entity” means the agency with which theselected Consultant signs the Contract for the Services.

b. “Consultant” means any entity or person that may provideor provides the Services to the Procuring Entity under theContract.

c. “Contract” means the Contract signed by the Parties andall the attached documents listed in its Clause 1, that is theGeneral Conditions (GC), the Special Conditions (SC), andthe Appendices.

d. “Data Sheet” means such part of the Instructions toConsultants used to reflect specific country and assignmentconditions.

e. “Day” means calendar day.

f. “Government” means the Government of Jamaica

g. “Instructions to Consultants” (Section 2 of the RFP) meansthe document which provides short-listed Consultants withall information needed to prepare their Proposals.

h. “LOI” (Section 1 of the RFP) means the Letter of Invitationbeing sent by the Procuring Entity to the short-listedConsultants.

i. “Personnel” means professionals and support staff providedby the Consultant or by any Sub-Consultant and assigned toperform the Services or any part thereof; “ForeignPersonnel” means such professionals and support staff whoat the time of being so provided had their domicile outsidethe Government’s country; “Local Personnel” means suchprofessionals and support staff who at the time of being soprovided had their domicile inside the Government’scountry.

j. “Proposal” means the Technical Proposal and the FinancialProposal.

k. “RFP” means the Request For Proposal to be prepared bythe Procuring Entity for the selection of Consultants, basedon the SRFP.

l. “SRFP” means the Standard Request for Proposals, whichmust be used by the Procuring Entity as a guide for thepreparation of the RFP.

Section 2. Instructions to Consultants 5

m. “Services” means the work to be performed by theConsultant pursuant to the Contract.

n. “Sub-Consultant” means any person or entity to whom theConsultant subcontracts any part of the Services.

o. (p) “Terms of Reference” (TOR) means the documentincluded in the RFP as Section 5 which explains theobjectives, scope of work, activities, tasks to beperformed, respective responsibilities of the ProcuringEntity and the Consultant, and expected results anddeliverables of the assignment.

1. Introduction 1.1 The Procuring Entity named in the Data Sheet willselect a consulting firm/organization (the Consultant)from those listed in the Letter of Invitation, inaccordance with the method of selection specified inthe Data Sheet.

1.2 The shortlisted Consultants are invited to submit aTechnical Proposal and a Financial Proposal, or aTechnical Proposal only, as specified in the Data Sheet,for consulting services required for the assignmentnamed in the Data Sheet. The Proposal will be thebasis for contract negotiations and ultimately for asigned Contract with the selected Consultant.

1.3 Consultants should familiarize themselves with localconditions and take them into account in preparingtheir Proposals. To obtain first-hand information on theassignment and local conditions, Consultants areencouraged to attend the pre-proposal conference ifone is specified in the Data Sheet. Attending the pre-proposal conference is optional. Consultants shouldcontact the Procuring Entity’s representative named inthe Data Sheet to arrange for their visit or to obtainadditional information on the pre-proposal conference.Consultants should ensure that these officials areadvised of the visit in adequate time to allow them tomake appropriate arrangements.

1.4 The Procuring Entity will timely provide at no cost tothe Consultants the inputs and facilities specified inthe Data Sheet, assist the firm in obtaining licensesand permits needed to carry out the services, andmake available relevant project data and reports.

1.5 Consultants shall bear all costs associated with thepreparation and submission of their proposals andcontract negotiation. The Procuring Entity is not boundto accept any proposal, and reserves the right to annul


the selection process at any time prior to Contractaward, without thereby incurring any liability to theConsultants.

N.B. GOJ reserves the right not to award a contract to any partywith whom we are currently in litigation or in the pastengaged in litigation.

Conflict ofInterest

1.6 GOJ policy requires that Consultants provideprofessional, objective, and impartial advice and at alltimes hold the Procuring Entity’s interests paramount,strictly avoid conflicts with other assignments or theirown corporate interests and act without anyconsideration for future work.

1.6.1 Without limitation on the generality of theforegoing, Consultants, and any of theiraffiliates, shall be considered to have a conflictof interest and shall not be recruited, under anyof the circumstances set forth below:

Conflictingactivities

(i) A firm that has been engaged by theProcuring Entity to provide goods, worksor services other than consulting servicesfor a project, and any of its affiliates,shall be disqualified from providingconsulting services related to thosegoods, works or services. Conversely, afirm hired to provide consulting servicesfor the preparation or implementation ofa project, and any of its affiliates, shallbe disqualified from subsequentlyproviding goods or works or services otherthan consulting services resulting from ordirectly related to the firm’s consultingservices for such preparation orimplementation. For the purpose of thisparagraph, services other than consultingservices are defined as those leading to ameasurable physical output, for examplesurveys, exploratory drilling, aerialphotography, and satellite imagery.

Conflictingassignments

(ii) A Consultant (including its Personnel andSub-Consultants) or any of its affiliatesshall not be hired for any assignmentthat, by its nature, may be in conflictwith another assignment of theConsultant to be executed for the sameor for another Procuring Entity. For


example, a Consultant hired to prepareengineering design for an infrastructureproject shall not be engaged to preparean independent environmentalassessment for the same project, and aConsultant assisting a Procuring Entity inthe privatization of public assets shall notpurchase, nor advise Procuring Entitiesof, such assets. Similarly, a Consultanthired to prepare Terms of Reference foran assignment should not be hired for theassignment in question.

Conflictingrelationships

(iii) A Consultant (including its Personnel andSub-Consultants) that has a business orfamily relationship with a member of theProcuring Entity’s staff who is directly orindirectly involved in any part of (i) thepreparation of the Terms of Reference ofthe assignment, (ii) the selection processfor such assignment, or (iii) supervision ofthe Contract, may not be awarded aContract, unless the conflict stemmingfrom this relationship has been resolvedin a manner acceptable to the GOJthroughout the selection process and theexecution of the Contract.

1.6.2 Consultants have an obligation to disclose anysituation of actual or potential conflict thatimpacts their capacity to serve the best interestof their Procuring Entity, or that may reasonablybe perceived as having this effect. Failure todisclose said situations may lead to thedisqualification of the Consultant or thetermination of its Contract.

1.6.3 No agency or current employees of the ProcuringEntity shall work as Consultants under their ownMinistries, Departments or Agencies. Recruitingformer government employees of the ProcuringEntity to work for their former Ministries,Departments or Agencies is acceptable providedno conflict of interest exists. When theConsultant nominates any government employeeas Personnel in their technical proposal, suchPersonnel must have written certification fromtheir government or employer confirming thatthey are on leave without pay from their official


position and allowed to work full-time outside oftheir previous official position. Suchcertification shall be provided to the ProcuringEntity by the Consultant as part of his technicalproposal.

UnfairAdvantage

1.6.4 If a shortlisted Consultant could derive acompetitive advantage from having provided consultingservices related to the assignment in question, theProcuring Entity shall make available to all shortlistedConsultants together with this RFP all information thatwould in that respect give such Consultant anycompetitive advantage over competing Consultants.

Fraud andCorruption

1.7 The Government of Jamaica requires that Bidders,Suppliers, Contractors, and Consultants, observe the higheststandard of ethics during the procurement and execution of suchcontracts. In pursuit of this policy, GOJ:

(a) defines, for the purposes of this provision, theterms set forth below as follows:

“corrupt practice” means the offering, giving,receiving, or soliciting, directly or indirectly, ofanything of value to influence the action of a publicofficial in the procurement process or in contractexecution;

“fraudulent practice” means a misrepresentation oromission of facts in order to influence aprocurement process or the execution of acontract, to the detriment of Government ofJamaica and includes collusive practice amongbidders (prior to or after bid submission) designedto establish bid prices at artificial non-competitivelevels and to deprive Government of the benefits offree and open competition;

“collusive practice” means a scheme orarrangement between two or more bidders, with orwithout the knowledge of the Procuring Entity,designed to establish bid prices at artificial non-competitive levels or to influence the action of anyparty in the procurement process or the executionof a contract; and

“coercive practice” means harming or threateningto harm, directly or indirectly, persons or theirproperty to influence their participation in theprocurement process or affect the execution of a


contract;

(b) will reject a proposal for award if it determinesthat the Bidder recommended for award has,directly or through an agent, engaged in corrupt,fraudulent, collusive or coercive practices incompeting for the Contract in question;

(c) will sanction a firm or individual, includingdeclaring them ineligible, either indefinitely or fora stated period of time, to be awarded a GOJ-financed contract if it at any time determines thatthey have, directly or through an agent, engaged,in corrupt, fraudulent, collusive or coercivepractices in competing for, or in executing, a GOJ-financed contract; and

(d) will have the right to require that a provision beincluded in Bidding Documents and in contractsfinanced by GOJ, requiring bidders, suppliers,contractors and consultants to permit GOJ toinspect their accounts and records and otherdocuments relating to the Bid submission andcontract performance and to have them audited byauditors appointed by the GOJ.

1.8 Consultants shall furnish information on commissionsand gratuities, if any, paid or to be paid to agentsrelating to this proposal and during execution of theassignment if the Consultant is awarded the Contract,as requested in the Financial Proposal submission form(Section 4).

Origin ofGoods andConsultingServices

1.10 Goods supplied and Consulting Services provided underthe Contract may originate from any country exceptwhere:

the procurement is covered under a Free TradeAgreement

a multilateral funding agency policy which limits theorigin.

the procurement is limited to local consultants

Only oneProposal

1.11 Shortlisted Consultants may only submit one proposal.If a Consultant submits or participates in more thanone proposal, such proposals shall be disqualified.However, this does not limit the participation of the


same Sub-Consultant, including individual experts, tomore than one proposal.

ProposalValidity

1.12 The Data Sheet indicates how long Consultants’Proposals must remain valid after the submission date.During this period, Consultants shall maintain theavailability of Professional staff nominated in theProposal. The Procuring Entity will make its best effortto complete negotiations within this period. Should theneed arise however, the Procuring Entity may requestConsultants to extend the validity period of theirproposals. Consultants who agree to such extensionshall confirm that they maintain the availability of theProfessional staff nominated in the Proposal, or in theirconfirmation of extension of validity of the Proposal,Consultants could submit new staff in replacement,who would be considered in the final evaluation forcontract award. Consultants who do not agree have theright to refuse to extend the validity of their Proposals.

2. ClarificationandAmendment ofRFPDocuments

2.1 Consultants may request a clarification of any of theRFP documents up to the number of days indicated inthe Data Sheet before the proposal submission date.Any request for clarification must be sent in writing, orby standard electronic means to the Procuring Entity’saddress indicated in the Data Sheet. The ProcuringEntity will respond in writing, or by standard electronicmeans and will send written copies of the response(including an explanation of the query but withoutidentifying the source of inquiry) to all Consultants.Should the Procuring Entity deem it necessary toamend the RFP as a result of a clarification, it shall doso following the procedure under para. 2.2.

2.2 At any time before the submission of Proposals, theProcuring Entity may amend the RFP by issuing anaddendum in writing or by standard electronic means.The addendum shall be sent to all Consultants and willbe binding on them. Consultants shall acknowledgereceipt of all amendments. To give Consultantsreasonable time in which to take an amendment intoaccount in their Proposals the Procuring Entity may, ifthe amendment is substantial, extend the deadline forthe submission of Proposals.

3. Preparation ofProposals

3.1 The Proposal (see para. 1.2), as well as all relatedcorrespondence exchanged by the Consultants and theProcuring Entity, shall be written in the language (s)specified in the Data Sheet.


3.2 In preparing their Proposal, Consultants are expectedto examine in detail the documents comprising theRFP. Material deficiencies in providing the informationrequested may result in rejection of a Proposal.

3.3 While preparing the Technical Proposal, Consultantsmust give particular attention to the following:

(a) If a shortlisted Consultant considers that it mayenhance its expertise for the assignment byassociating with other Consultants in a jointventure or sub-consultancy, it may associatewith either (a) non-shortlisted Consultant(s), or(b) shortlisted Consultants if so indicated in theData Sheet. A shortlisted Consultant must firstobtain the approval of the Procuring Entity if itwishes to enter into a joint venture with non-shortlisted or shortlisted Consultant(s). In caseof association with non-shortlistedConsultant(s), the shortlisted Consultant shallact as association leader. In case of a jointventure, all partners shall be jointly andseverally liable and shall indicate who will act asthe leader of the joint venture.

(b) The estimated number of Professional staff-months or the budget for executing theassignment shall be shown in the Data Sheet,but not both. However, the Proposal shall bebased on the number of Professional staff-months or budget estimated by the Consultants.

For fixed-budget-based assignments, theavailable budget is given in the Data Sheet, andthe Financial Proposal shall not exceed thisbudget, while the estimated number ofProfessional staff-months shall not be disclosed.

(c) Alternative professional staff shall not beproposed, and only one curriculum vitae (CV)may be submitted for each position.

Language (d) Documents to be issued by the Consultants aspart of this assignment must be in thelanguage(s) specified in the ReferenceParagraph 3.1 of the Data Sheet. If ReferenceParagraph 3.1 indicates two languages, thelanguage in which the proposal of the successfulConsultant will be submitted shall govern for thepurpose of interpretation. It is desirable that


the firm’s Personnel have a working knowledgeof the Procuring Entity’s national language.

TechnicalProposalFormat andContent

3.4 Depending on the nature of the assignment,Consultants are required to submit a Full TechnicalProposal (FTP), or a Simplified Technical Proposal(STP). The Data Sheet indicates the format of theTechnical Proposal to be submitted. Submission of thewrong type of Technical Proposal will result in theProposal being deemed non-responsive. The TechnicalProposal shall provide the information indicated in thefollowing paragraphs from (a) to (g) using the attachedStandard Forms (Section 3). Paragraph (c) (ii) indicatesthe recommended number of pages for the descriptionof the approach, methodology and work plan of theSTP. A page is considered to be one printed side of A4or letter size paper.

(a) (i) For the FTP only: a brief description of theConsultants’ organization and an outline ofrecent experience of the Consultants and, inthe case of joint venture, for each partner,on assignments of a similar nature is requiredin Form TECH-2 of Section 3. For eachassignment, the outline should indicate thenames of Sub-Consultants/ Professional staff,duration of the assignment, contractamount, and Consultant’s involvement.Information should be provided only for thoseassignments for which the Consultant waslegally contracted by the Procuring Entity asa corporation or as one of the major firmswithin a joint venture. Assignmentscompleted by individual Professional staffworking privately or through other consultingfirms cannot be claimed as the experience ofthe Consultant, or that of the Consultant’sassociates, but can be claimed by theProfessional staff themselves in their CVs.Consultants should be prepared tosubstantiate the claimed experience if sorequested by the Procuring Entity.

(ii) For the STP the above information is notrequired and Form TECH-2 of Section 3 shallnot be used.

(b) (i) For the FTP only: comments and suggestionson the Terms of Reference including workablesuggestions that could improve the quality/


effectiveness of the assignment; and onrequirements for counterpart staff andfacilities including: administrative support,office space, local transportation, equipment,data, etc. to be provided by the ProcuringEntity (Form TECH-3 of Section 3).

(ii) For the STP Form TECH-3 of Section 3 shallnot be used; the above comments andsuggestions, if any, should be incorporatedinto the description of the approach andmethodology (refer to following sub-para.3.4 (c) (ii)).

(c) (i) For the FTP, and STP: a description of theapproach, methodology and work plan forperforming the assignment covering thefollowing subjects: technical approach andmethodology, work plan, and organizationand staffing schedule. Guidance on thecontent of this section of the TechnicalProposals is provided under Form TECH-4 ofSection 3. The work plan should beconsistent with the Work Schedule (FormTECH-8 of Section 3) which will show in theform of a bar chart the timing proposed foreach activity.

(ii) For the STP only: the description of theapproach, methodology and work plan shouldnormally consist of 10 pages, includingcharts, diagrams, and comments andsuggestions, if any, on Terms of Referenceand counterpart staff and facilities.

(d) The list of the proposed Professional staff teamby area of expertise, the position that would beassigned to each staff team member, and theirtasks (Form TECH-5 of Section 3).

(e) Estimates of the staff input (staff-months offoreign and local professionals) needed to carryout the assignment (Form TECH-7 of Section 3).The staff-months input should be indicatedseparately for home office and field activities,and for foreign and local Professional staff.

(f) CVs of the Professional staff signed by the staffthemselves or by the authorized representativeof the Professional Staff (Form TECH-6 of


Section 3).

(g) For the FTP only: a detailed description of theproposed methodology and staffing for training,if the Data Sheet specifies training as a specificcomponent of the assignment.

3.5 The Technical Proposal shall not include any financialinformation. A Technical Proposal containing financialinformation may be declared non responsive.

FinancialProposals

3.6 The Financial Proposal shall be prepared using theattached Standard Forms (Section 4). It shall list allcosts associated with the assignment, including (a)remuneration for staff (foreign and local, in the fieldand at the Consultants’ home office), and (b)reimbursable expenses indicated in the Data Sheet. Ifappropriate, these costs should be broken down byactivity and, if appropriate, into foreign and localexpenditures. All activities and items described in theTechnical Proposal must be priced separately;activities and items described in the TechnicalProposal but not priced, shall be assumed to beincluded in the prices of other activities or items.

Taxes 3.7 The Consultant may be subject to local taxes (such as:value added or sales tax, social charges or incometaxes on non resident Foreign Personnel, duties, fees,levies) on amounts payable by the Procuring Entityunder the Contract. The Procuring Entity will state inthe Data Sheet if the Consultant is subject to paymentof any local taxes. Any such amounts shall not beincluded in the Financial Proposal as they will not beevaluated, but they will be discussed at contractnegotiations, and applicable amounts will be includedin the Contract.

In accordance with the Government of Jamaica Handbookof Public Sector Procurement Procedures November, 2008(http://www.mof.gov.jm)the Bidder shall have todemonstrate that they have paid such taxes, duties, feesand other impositions as may be levied in Jamaica.

3.8 Consultants may express the price of their services in amaximum of three freely convertible currencies, singlyor in combination. The Procuring Entity may requireConsultants to state the portion of their pricerepresenting local cost in the national currency if soindicated in the Data Sheet.


3.9 Commissions and gratuities, if any, paid or to be paidby Consultants and related to the assignment will belisted in the Financial Proposal Form FIN-1 of Section 4.

4. Submission,Receipt, andOpening ofProposals

4.1 The original proposal (Technical Proposal and, ifrequired, Financial Proposal; see para. 1.2) shallcontain no interlineations or overwriting, except asnecessary to correct errors made by the Consultantsthemselves. The person who signed the proposal mustinitial such corrections. Submission letters for bothTechnical and Financial Proposals should respectivelybe in the format of TECH-1 of Section 3, and FIN-1 ofSection 4.

4.2 An authorized representative of the Consultants shallinitial all pages of the original Technical and FinancialProposals. The authorization shall be in the form of awritten power of attorney accompanying the Proposalor in any other form demonstrating that therepresentative has been dully authorized to sign. Thesigned Technical and Financial Proposals shall bemarked “ORIGINAL”.

4.3 The Technical Proposal shall be marked “ORIGINAL” or“COPY” as appropriate. The Technical Proposals shallbe deposited in the TENDER BOX provided at theaddress referred to in para. 4.5 and in the number ofcopies indicated in the Data Sheet. All required copiesof the Technical Proposal are to be made from theoriginal. If there are discrepancies between theoriginal and the copies of the Technical Proposal, theoriginal governs.

4.4 The original and all copies of the Technical Proposalshall be placed in a sealed envelope clearly marked“TECHNICAL PROPOSAL” Similarly, the original FinancialProposal (if required under the selection methodindicated in the Data Sheet) shall be placed in a sealedenvelope clearly marked “FINANCIAL PROPOSAL” followedby the name of the assignment, and with a warning“DO NOT OPEN WITH THE TECHNICAL PROPOSAL.” Theenvelopes containing the Technical and FinancialProposals shall be placed into an outer envelope andsealed. This outer envelope shall bear the submissionaddress, reference number and title, and be clearlymarked “DO NOT OPEN, EXCEPT IN PRESENCE OF THEOFFICIAL APPOINTED, BEFORE [insert the time and date ofthe submission deadline indicated in the Data Sheet]”.The Procuring Entity shall not be responsible formisplacement, losing or premature opening if the outer


envelope is not sealed and/or marked as stipulated.This circumstance may be case for Proposal rejection.If the Financial Proposal is not submitted in a separatesealed envelope duly marked as indicated above, thiswill constitute grounds for declaring the Proposal non-responsive.

4.5 The Proposals must be sent to the address indicated inthe Data Sheet and received by the Procuring Entity nolater than the time and the date indicated in the DataSheet, or any extension to this date in accordance withpara. 2.2. Any proposal received by the ProcuringEntity after the deadline for submission shall bereturned unopened.

4.6 The Procuring Entity shall open the Technical Proposalimmediately after the deadline for their submission.The envelopes with the Financial Proposal shall remainsealed and securely stored.

5. ProposalEvaluation

5.1 From the time the Proposals are opened to the timethe Contract is awarded, the Consultants should notcontact the Procuring Entity on any matter related toits Technical and/or Financial Proposal. Any effort byConsultants to influence the Procuring Entity in theexamination, evaluation, ranking of Proposals, andrecommendation for award of Contract may result inthe rejection of the Consultants’ Proposal.

Evaluators of Technical Proposals shall have no accessto the Financial Proposals until the technicalevaluation is concluded.

Evaluation ofTechnicalProposals

5.2 The evaluation committee shall evaluate the TechnicalProposals on the basis of their responsiveness to theTerms of Reference, applying the evaluation criteria,subcriteria, and point system specified in the DataSheet. Each responsive Proposal will be given atechnical score (St). A Proposal shall be rejected atthis stage if it does not respond to important aspectsof the RFP, and particularly the Terms of Reference orif it fails to achieve the minimum technical scoreindicated in the Data Sheet.

FinancialProposals forQBS

5.3 Following the ranking of technical Proposals, whenselection is based on quality only (QBS), the firstranked Consultant is invited to negotiate its proposaland the Contract in accordance with the instructionsgiven under para. 6 of these Instructions.

Public Opening 5.4 After the technical evaluation is completed the


and Evaluationof FinancialProposals (onlyfor QCBS, FBS,and LCS)

Procuring Entity shall notify those Consultants whoseProposals did not meet the minimum qualifying mark orwere considered non responsive to the RFP and TOR,that their Financial Proposals will be returnedunopened after completing the selection process.Where possible the financial proposals should beopened publicly. In this case ,the Procuring Entity shallsimultaneously notify in writing Consultants that havesecured the minimum qualifying mark, of the date,time and location for opening of the FinancialProposals. The opening date should allow Consultantssufficient time to make arrangements for attending theopening. Consultants’ attendance at the opening ofFinancial Proposals is optional.

5.5 Financial Proposals shall be opened publicly in thepresence of the Consultants’ representatives whochoose to attend. The name of the Consultants, andthe technical scores of the Consultants shall be readaloud. The Financial Proposal of the Consultants whomet the minimum qualifying mark will then beinspected to confirm that they have remained sealedand unopened. These Financial Proposals shall be thenopened, and the total prices read aloud and recorded.Copy of the record shall be sent to all Consultants.

5.6 The Evaluation Committee will correct anycomputational errors. When correcting computationalerrors, in case of discrepancy between a partial amountand the total amount, or between word and figures theformers will prevail. In addition to the abovecorrections, as indicated under para. 3.6, activities anditems described in the Technical Proposal but notpriced, shall be assumed to be included in the prices ofother activities or items. In case an activity or line itemis quantified in the Financial Proposal differently fromthe Technical Proposal, (i) if the Time-Based form ofcontract has been included in the RFP, the EvaluationCommittee shall correct the quantification indicated inthe Financial Proposal so as to make it consistent withthat indicated in the Technical Proposal, apply therelevant unit price included in the Financial Proposal tothe corrected quantity and correct the total Proposalcost, (ii) if the Lump-Sum form of contract has beenincluded in the RFP, no corrections are applied to theFinancial Proposal in this respect. Prices shall beconverted to a single currency using the selling rates ofexchange, source and date indicated in the Data Sheet.


5.7 In case of QCBS, the lowest evaluated FinancialProposal (Fm) will be given the maximum financialscore (Sf) of 100 points. The financial scores (Sf) of theother Financial Proposals will be computed asindicated in the Data Sheet. Proposals will be rankedaccording to their combined technical (St) andfinancial (Sf) scores using the weights (T = the weightgiven to the Technical Proposal; P = the weight givento the Financial Proposal; T + P = 1) indicated in theData Sheet: S = St x T% + Sf x P%. The firm achievingthe highest combined technical and financial score willbe invited for negotiations.

5.8 In the case of Fixed-Budget Selection, the ProcuringEntity will select the firm that submitted the highestranked Technical Proposal within the budget. Proposalsthat exceed the indicated budget will be rejected. Inthe case of the Least-Cost Selection, the ProcuringEntity will select the lowest proposal among those thatpassed the minimum technical score. In both cases theevaluated proposal price according to para. 5.6 shallbe considered, and the selected firm is invited fornegotiations.

6. Negotiations 6.1 Negotiations will be held at the date and addressindicated in the Data Sheet. The invited Consultantwill, as a pre-requisite for attendance at thenegotiations, confirm availability of all Professionalstaff. Failure in satisfying such requirements mayresult in the Procuring Entity proceeding to negotiatewith the next-ranked Consultant. Representativesconducting negotiations on behalf of the Consultantmust have written authority to negotiate and concludea Contract.

Technicalnegotiations

6.2 Negotiations will include a discussion of the TechnicalProposal, the proposed technical approach andmethodology, work plan, and organization and staffing,and any suggestions made by the Consultant to improvethe Terms of Reference. The Procuring Entity and theConsultants will finalize the Terms of Reference,staffing schedule, work schedule, logistics, andreporting. These documents will then be incorporatedin the Contract as “Description of Services”. Specialattention will be paid to clearly defining the inputs andfacilities required from the Procuring Entity to ensuresatisfactory implementation of the assignment. TheProcuring Entity shall prepare minutes of negotiationswhich will be signed by the Procuring Entity and the


Consultant.

Financialnegotiations

6.3 If applicable, it is the responsibility of the Consultant,before starting financial negotiations, to contact thelocal tax authorities to determine the local tax amountto be paid by the Consultant under the Contract. Thefinancial negotiations will include a clarification (ifany) of the firm’s tax liability in the Procuring Entity’scountry, and the manner in which it will be reflectedin the Contract; and will reflect the agreed technicalmodifications in the cost of the services. In the casesof QCBS, Fixed-Budget Selection, and the Least-CostSelection methods, unless there are exceptionalreasons, the financial negotiations will involve neitherthe remuneration rates for staff nor other proposedunit rates. For other methods, Consultants will providethe Procuring Entity with the information onremuneration rates described in the Appendix attachedto Section 4 - Financial Proposal - Standard Forms ofthis RFP.

Availability ofProfessionalstaff/experts

6.4 Having selected the Consultant on the basis of, amongother things, an evaluation of proposed Professionalstaff, the Procuring Entity expects to negotiate aContract on the basis of the Professional staff named inthe Proposal. Before contract negotiations, theProcuring Entity will require assurances that theProfessional staff will be actually available. TheProcuring Entity will not consider substitutions duringcontract negotiations unless both parties agree thatundue delay in the selection process makes suchsubstitution unavoidable or for reasons such as deathor medical incapacity. If this is not the case and if it isestablished that Professional staff were offered in theproposal without confirming their availability, theConsultant may be disqualified. Any proposedsubstitute shall have equivalent or better qualificationsand experience than the original candidate and besubmitted by the Consultant within the period of timespecified in the letter of invitation to negotiate.

Conclusion ofthenegotiations

6.5 Negotiations will conclude with a review of the draftContract. To complete negotiations the ProcuringEntity and the Consultant will initial the agreedContract. If negotiations fail, the Procuring Entity willinvite the Consultant whose Proposal received thesecond highest score to negotiate a Contract.

7. Award ofContract

7.1 After completing negotiations the Procuring Entity shallaward the Contract to the selected Consultant and


publish notice of the award on its website or therespective MDB website in the case of multilaterallyfunded contracts.. The Procuring Entity shall promptlynotify all Consultants who have submitted proposals.After Contract signature, the Procuring Entity shallreturn the unopened Financial Proposals to theunsuccessful Consultants.

7.2 The Consultant is expected to commence theassignment on the date and at the location specified inthe Data Sheet.

8. Confidentiality 8.1 Information relating to evaluation of Proposals andrecommendations concerning awards shall not bedisclosed to the Consultants who submitted theProposals or to other persons not officially concernedwith the process, until the publication of the award ofContract. The undue use by any Consultant ofconfidential information related to the process mayresult in the rejection of its Proposal.

21

Instructions to Consultants

DATA SHEET

ParagraphReference

1.1 Name of the Procuring Entity: National Environment & PlanningAgency

Method of selection: Fixed Budget

1.2 Financial Proposal to be submitted together with Technical Proposal:Yes x No

NB. Technical and Financial Proposal should be submitted in twoseparate sealed envelopes clearly labelled.

Name of the assignment is: Project Engineer Consultancy

1.3 A pre-proposal conference will be held: Yes No x

The Procuring Entity’s representative is: Procurement OfficerAddress: 11 Caledonia Avenue, Kingston 5Telephone: 754-7540 Facsimile: 754-7596E-mail: [email protected]

1.4 The Procuring Entity will provide the following inputs and facilities:

NEPA shall provide computer, office space, maps, charts,logistical support and documents for carrying out of theconsultancy.

1.6.1 (a) The Procuring Entity envisages the need for continuity fordownstream work:Yes No X

1.12 Proposals must remain valid 90 days after the submission date, i.e.until: January 10, 2014 @ 3:00 p.m.

22 Section 3. Technical Proposal – Standard Forms

2.1 Clarifications may be requested not later than [10] days before thesubmission date.

The address for requesting clarifications is:National Environment & Planning Agency, 11 Caledonia AvenueFacsimile: 754-7596 E-mail: [email protected]

3.1 Proposals shall be submitted in the following language: English

3.3 (a) Shortlisted Consultants may associate with other shortlistedConsultants: Yes, The Project Engineering Consultancy shall consist of ateam of professionals from a single firm, or a consortium of specialists.

3.3 (b) The available budget is: Twenty Three Million Jamaican Dollars(J$23M) this includes remuneration and reimbursable expenses.From the fixed amount stated $2 Million is for reimbursableexpenses.

The Financial Proposal shall not exceed the available budget of:J$23 Million Dollars

3.4 The format of the Technical Proposal to be submitted is: FTP ,

3.4 (g) Training is a specific component of this assignment:Yes: Facilitate and carry out training for transfer of knowledge to NEPA’sEnforcement officers for compliance and enforcement management ofconstruction of coastal defense mechanisms

3.6 Reimbursable expenses should not exceed $2 Million dollars. List ofapplicable reimbursable expenses:Consultant is expected to submit receipts/invoices for expensesincurred

(1) cost of necessary travel, including transportation of thePersonnel by the most appropriate means of transport and themost direct practicable route;

(2) cost of applicable international or local communications such asthe use of telephone and facsimile required for the purpose ofthe Services;

Section 3. Technical Proposal – Standard Forms 23

NEPA BIDDING DOCUMENT PROJECT ENGINEER SEPTEMBER 2013

(3) cost of printing and dispatching of the reports to be produced forthe Services;

4) cost of accommodation, meals for purposes of the Servicesinvestigations and surveys;

3.7 Amounts payable by the Procuring Entity to the Consultant underthe contract to be subject to local taxation: Yes No

If affirmative, the Procuring Entity will

(b) pay such taxes on behalf of the Consultant: [insert Yes orNo]

Consultant is responsible for the payment of Local taxes fromFixed Budget amount stated

At the time of the contract award overseas bidder shall present tothe Procuring Entity a valid Tax Compliance Certificate. Localbidders shall submit their Tax Compliance Certificate at the time ofbid submission

3.8 Consultant to state local cost in the national currency: Yes x No .

4.3 Consultant must submit the original and [4] copies of the TechnicalProposal, and the original of the Financial Proposal.

4.5 The Proposal submission address is: 11 Caledonia Avenue,Kingston 5

Sealed Tenders should be deposited in the tender box located in theLobby Area labeled:Project Engineer ConsultancyRFP# 2013-09-FOM-09

Proposals must be submitted no later than the following date andtime: Friday, October 11, 2013 @ 3:00 p.m. at 11 Caledonia Ave.

A Tender Opening will be held at the above address at 3:15 p.m.in the Training Room, 2nd Floor on October 11, 2013.

5.2 (a) Criteria, sub-criteria, and point system for the evaluation of FullTechnical Proposals are:


Points

(i) Specific experience of the Consultants relevant to the assignment: [ 5](practical experience in design, construction and installation of coastal

defense mechanisms)10yrs or more 5 points7-9 yrs- 2 pointsLess than 7 yrs O points

Total points for criterion (i): 5 points

(ii) Adequacy of the proposed methodology and work planin responding to the Terms of Reference:

a) Technical approach and methodology [15]Approach/Outline of design steps/stages to be undertaken.- 8 pointsDetailed methodology of activities outlined in the approach – 5 pointsIndication of understanding of the requirements of the project. – 2 points

b) Work plan [10]Outline of workplan proposed- 5 pointsConsistency of the technical approach and methodology with workplan-5 points

c) Organization and staffing [10]Outline of structure and composition of the team members – 5 pointsRoles and responsibility of key personnel clearly outline- 3 pointsOrganisation chart provided - 2 points

Total points for criterion (ii): [ 35]

(iii) Key professional staff qualifications and competence for the assignment:

a) Lead Coastal Engineer [15]b) Ecosystem Environmental Specialist [10]c) Enforcement and Compliance Specialist [10]d) Other key Personnel [5]

Team members will be scored for the above as follows:a) Lead Coastal Engineer [15]

Years of Exp. / Score 1-5 yrs-1 point 6-9yrs- 3 points 10 yrs or more - 5pointsProfessional Qualification- Bachelors Degree -4 points Masters Degree orhigher- 7 pointsProfessional registration or training in the area of expertise- 3 points

b) Ecosystem Environmental Specialist [10]Years of Exp. / Score 1-5 yrs-1 point 6-9yrs- 3 points 10 yrs or more - 4pointsProfessional Qualification- Bachelors Degree -3 points Masters Degree orhigher- 4 pointsProfessional registration or training in the area of expertise- 2 points

c) Enforcement and Compliance Specialist [10Years of Exp. / Score 1-5 yrs-1 point 6-9yrs- 3 points 10 yrs or more -4pointsProfessional Qualification- Bachelors Degree -3 points Masters Degree orhigher- 4 points



Professional registration or training in the area of expertise- 2 points

d) Other key Personnel [5]

Total points for criterion (iii): [40]

Total weight: 100%

(iv) Suitability of the transfer of knowledge (training) program:a) Relevance of training program [3]b) Training approach and methodology [5]c) Qualifications of experts and trainers [2]

Total points for criterion (iv): [10]

(v) Participation by nationals among proposed key staff [ 10]

Total points for the five criteria: 100

The minimum technical score St required to pass is: 75 Points

NB. To be considered consultant must obtain a minimum of 75points in their Technical Proposal to be considered.

5.6 The single currency for price conversions is: Jamaican Dollars

The source of official selling rates is: Central Bank of Jamaica

The date of exchange rates is:NB. All bid prices quoted in foreign currencies will be convertedat the prevailing selling rate established by the Central Bank ofJamaica on the date of bid submission

5.7 The formula for determining the financial scores is the following:[Insert either the following formula]Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowestprice and F the price of the proposal under consideration.

Not Applicable

6.1 Expected date and address for contract negotiations:On or before December 2013

7.2 Expected date for commencement of consulting servicesDecember 2, 2013at: 11 Caledonia Avenue


Please ensure that the bidding document is used for submission of proposal;additional information may be submitted as an Appendix.

Section 3. Technical Proposal - Standard Forms

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

Refer to Reference Paragraph 3.4 of the Data Sheet for format of TechnicalProposal to be submitted, and paragraph 3.4 of Section 2 of the RFP forStandard Forms required and number of pages recommended.

TECH-1 Technical Proposal Submission Form

TECH-2 Consultant’s Organization and ExperienceA Consultant’s OrganizationB Consultant’s Experience

TECH-3 Comments or Suggestions on the Terms of Reference and onCounterpart Staff and Facilities to be Provided by the ProcuringEntityA On the Terms of ReferenceB On the Counterpart Staff and Facilities

TECH-4 Description of the Approach, Methodology and Work Plan forPerforming the Assignment

TECH-5 Team Composition and Task Assignments

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

TECH-7 Staffing Schedule

TECH-8 Work Schedule



FORM TECH-1 TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date]

To: [Name and address of Procuring Entity]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Inserttitle of assignment] in accordance with your Request for Proposal dated [InsertDate] and our Proposal. We are hereby submitting our Proposal, which includesthis Technical Proposal, and a Financial Proposal sealed under a separateenvelope1.

We are submitting our Proposal in association with: [Insert a list withfull name and address of each associated Consultant]2

We hereby declare that all the information and statements made in thisProposal are true and accept that any misinterpretation contained in it maylead to our disqualification.

If negotiations are held during the period of validity of the Proposal, i.e.,before the date indicated in Paragraph Reference 1.12 of the Data Sheet, weundertake to negotiate on the basis of the proposed staff. Our Proposal isbinding upon us and subject to the modifications resulting from Contractnegotiations.

We undertake, if our Proposal is accepted, to initiate the consultingservices related to the assignment not later than the date indicated inParagraph Reference 7.2 of the Data Sheet.

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

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:Name and Title of Signatory:Name of Firm:Address:

1 [In case Paragraph Reference 1.2 of the Data Sheet requires to submit a Technical Proposalonly, replace this sentence with: “We are hereby submitting our Proposal, which includesthis Technical Proposal only.”]

2 [Delete in case no association is foreseen.]


FORM TECH-2 CONSULTANT’S ORGANIZATION AND EXPERIENCE

A - Consultant’s Organization

[Provide here a brief (two pages) description of the background andorganization of your firm/entity and each associate for this assignment.]



B - Consultant’s Experience

[Using the format below, provide information on each assignment for whichyour firm, and each associate for this assignment, was legally contractedeither individually as a corporate entity or as one of the major companieswithin an association, for carrying out consulting services similar to the onesrequested under this assignment. Use 20 pages.]

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

Country:Location within country:

Duration of assignment (months):

Name of Procuring Entity: Total No of staff-months of the assignment:

Address: Approx. value of the services provided by yourfirm under the contract (in current US$ or Euro):

Start date (month/year):Completion date (month/year):

No of professional staff-months provided byassociated Consultants:

Name of associated Consultants, if any: Name of senior professional staff of your firminvolved and functions performed (indicate mostsignificant profiles such as ProjectDirector/Coordinator, Team Leader):

Narrative description of Project:

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

Firm’s Name:


FORM TECH-3 COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCEAND ON COUNTERPART STAFF AND FACILITIES TO BE PROVIDED BY THE

PROCURING ENTITY

A - On the Terms of Reference

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



B - On Counterpart Staff and Facilities

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


FORM TECH-4 DESCRIPTION OF APPROACH, METHODOLOGY AND WORKPLAN FOR PERFORMING THE ASSIGNMENT

(For small or very simple assignments the Procuring Entity should omit thefollowing text in Italic)

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

a) Technical Approach and Methodology,b) Work Plan, andc) Organization and Staffing,

a) Technical Approach and Methodology. In this chapter you should explainyour understanding of the objectives of the assignment, approach to theservices, methodology for carrying out the activities and obtaining theexpected output, and the degree of detail of such output. You should highlightthe problems being addressed and their importance, and explain the technicalapproach you would adopt to address them. You should also explain themethodologies you propose to adopt and highlight the compatibility of thosemethodologies with the proposed approach.

b) Work Plan. In this chapter you should propose the main activities of theassignment, their content and duration, phasing and interrelations, milestones(including interim approvals by the Procuring Entity), and delivery dates of thereports. The proposed work plan should be consistent with the technicalapproach and methodology, showing understanding of the TOR and ability totranslate them into a feasible working plan. A list of the final documents,including reports, drawings, and tables to be delivered as final output, shouldbe included here. The work plan should be consistent with the Work Scheduleof Form TECH-8.

c) Organization and Staffing. In this chapter you should propose the structureand composition of your team. You should list the main disciplines of theassignment, the key expert responsible, and proposed technical and supportstaff.]

Section 3 – Technical Proposal – Standard Forms 33


FORM TECH-5 TEAM COMPOSITION AND TASK ASSIGNMENTS

Professional Staff

Name of Staff Firm Area ofExpertise

PositionAssigned Task Assigned

34 Section 3. Technical Proposal - Standard Forms

FORM TECH-6 CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONALSTAFF

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

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

3. Name of Staff [Insert full name]:

4. Date of Birth: Nationality:

5. Education [Indicate college/university and other specialized education of staffmember, giving names of institutions, degrees obtained, and dates of obtainment]:

6. Membership of Professional Associations:

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

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

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

10.Employment Record[Starting with present position, list in reverse order every employment held by staff member

since graduation, giving for each employment (see format here below): dates ofemployment, name of employing organization, positions held.]:

From [Year]: To [Year]:

Employer:

Positions held:



11.

Detailed

TasksAssigned

[List alltasks tobeperformedunder thisassignment]

12. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned[Among the assignments in which the staff has been involved, indicate the followinginformation for those assignments that best illustrate staff capability to handle thetasks listed under point 11.]

Name of assignment or project:

Year:

Location:

Procuring Entity:

Main project features:

Positions held:

Activities performed:

13. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CVcorrectly describes myself, my qualifications, and my experience. I understandthat any wilful misstatement described herein may lead to my disqualificationor dismissal, if engaged.

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

Full name of authorized representative:

36 Section 3. Technical Proposal - Standard Forms

FORM TECH-7 STAFFING SCHEDULE1

N° Name of StaffStaff input (in the form of a bar chart)2 Total staff-month input

1 2 3 4 5 6 7 8 9 10 11 12 n Home Field3 Total

Foreign

1[Home

][Field]

2

3

n

SubtotalLocal

1[Home

][Field]

2

n

SubtotalTotal

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

Full time inputPart time input



FORM TECH-8 WORK SCHEDULE

N° Activity1 Months2

1 2 3 4 5 6 7 8 9 10 11 12 n

12345

N

1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other benchmarks such asProcuring Entity approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately for each phase.

2 Duration of activities shall be indicated in the form of a bar chart.

38

Section 4. Financial Proposal - Standard Forms

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

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

[The Appendix “Financial Negotiations - Breakdown of Remuneration Rates” isto be used only for financial negotiations when Quality-Based Selection,Selection Based on Qualifications, or Single-Source Selection method isadopted, according to the indications provided under para. 6.3 of Section 2.]

FIN-1 Financial Proposal Submission Form

FIN-2 Summary of Costs

FIN-3 Breakdown of Costs by Activity

FIN-4 Breakdown of Remuneration

FIN-5 Reimbursable expenses

Appendix: Financial Negotiations - Breakdown of Remuneration Rates

Section 4 – Financial Proposal – Standard Forms 39


39

FORM FIN-1 FINANCIAL PROPOSAL SUBMISSION FORM

[Location, Date]

To: [Name and address of Procuring Entity]

Dear Sirs:

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

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

Commissions and gratuities paid or to be paid by us to agents relating tothis Proposal and Contract execution, if we are awarded the Contract, are listedbelow2:

Name and Address Amount and Purpose of Commissionof Agents Currency or Gratuity

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

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:Name and Title of Signatory:Name of Firm:Address:

1 Amounts must coincide with the ones indicated under Total Cost of Financial proposal inForm FIN-2.

2 If applicable, replace this paragraph with: “No commissions or gratuities have been or are topaid by us to agents relating to this Proposal and Contract execution.”

40 Section 4. Financial Proposal - Standard Forms

FORM FIN-2 SUMMARY OF COSTS

Item

Costs[IndicateForeign

Currency # 1]1

[IndicateForeign

Currency # 2]1

[IndicateForeign

Currency # 3]1

[IndicateLocal Currency]

Total Costs of Financial Proposal 2

1 Indicate between brackets the name of the foreign currency. Maximum of three currencies; use as many columns as needed, and delete the others.2 Indicate the total costs, net of local taxes, to be paid by the Procuring Entity in each currency. Such total costs must coincide with the sum of the

relevant Subtotals indicated in all Forms FIN-3 provided with the Proposal.



FORM FIN-3 BREAKDOWN OF COSTS BY ACTIVITY1

Group of Activities (Phase):2 Description:3

Cost component

Costs

[IndicateForeign

Currency # 1]4

[IndicateForeign

Currency # 2]4

[IndicateForeign

Currency # 3]4

[IndicateLocal Currency]

Remuneration5

Reimbursable Expenses 5

Subtotals

1 Form FIN-3 shall be filled at least for the whole assignment. In case some of the activities require different modes of billing and payment (e.g.: theassignment is phased, and each phase has a different payment schedule), the Consultant shall fill a separate Form FIN-3 for each group of activities.For each currency, the sum of the relevant Subtotals of all Forms FIN-3 provided must coincide with the Total Costs of Financial Proposal indicated inForm FIN-2.

2 Names of activities (phase) should be the same as, or correspond to the ones indicated in the second column of Form TECH-8.3 Short description of the activities whose cost breakdown is provided in this Form.4 Indicate between brackets the name of the foreign currency. Use the same columns and currencies of Form FIN-2.5 For each currency, Remuneration and Reimbursable Expenses must respectively coincide with relevant Total Costs indicated in Forms FIN-4, and FIN-

5.



FORM FIN-4 BREAKDOWN OF REMUNERATION1

(This Form FIN-4 shall only be used when the Lump-Sum Form of Contract hasbeen included in the RFP. Information to be provided in this Form shall only beused to establish payments to the Consultant for possible additional servicesrequested by the Procuring Entity)

Name2 Position3 Staff-month Rate4

Foreign Staff[Home][Field]

Local Staff[Home][Field]

1 Form FIN-4 shall be filled in for the same Professional and Support Staff listed in Form TECH-7.

2 Professional Staff should be indicated individually; Support Staff should be indicated percategory (e.g.: draftsmen, clerical staff).

3 Positions of the Professional Staff shall coincide with the ones indicated in Form TECH-5.4 Indicate separately staff-month rate and currency for home and field work..



FORM FIN-5 BREAKDOWN OF REIMBURSABLE EXPENSES(This Form FIN-5 shall only be used when the Lump-Sum Form of Contract hasbeen included in the RFP. Information to be provided in this Form shall only beused to establish payments to the Consultant for possible additional servicesrequested by the Procuring Entity)

N° Description1 Unit Unit Cost2

International flights3 Trip

Miscellaneous travel expenses Trip

Communication costs between[Insert place] and [Insert place]

Drafting, reproduction of reports

Equipment, instruments, materials,supplies, etc.

Shipment of personal effects Trip

Use of computers, software

Laboratory tests.

Subcontracts

Local transportation costs

Office rent, clerical assistance

Training of the Procuring Entity’spersonnel 4

1 Delete items that are not applicable or add other items according to Paragraph Reference 3.6of the Data Sheet.

2 Indicate unit cost and currency.3 Indicate route of each flight, and if the trip is one- or two-ways.4 Only if the training is a major component of the assignment, defined as such in the TOR.


Appendix

Financial Negotiations - Breakdown of Remuneration Rates(Not to be used when cost is a factor in the evaluation of Proposals)

1. Review of Remuneration Rates

1.1 The remuneration rates for staff are made up of salary, social costs,overheads, fee that is profit, and any premium or allowance paid forassignments away from headquarters. To assist the firm in preparingfinancial negotiations, a Sample Form giving a breakdown of rates isattached (no financial information should be included in the TechnicalProposal). Agreed breakdown sheets shall form part of the negotiatedcontract.

1.2 The Procuring Entity is charged with the custody of government funds andis expected to exercise prudence in the expenditure of these funds. TheProcuring Entity is, therefore, concerned with the reasonableness of thefirm’s Financial Proposal, and, during negotiations, it expects to be able toreview audited financial statements backing up the firm’s remunerationrates, certified by an independent auditor. The firm shall be prepared todisclose such audited financial statements for the last three years, tosubstantiate its rates, and accept that its proposed rates and otherfinancial matters are subject to scrutiny. Rate details are discussedbelow.

(i) SalaryThis is the gross regular cash salary paid to the individual in thefirm’s home office. It shall not contain any premium for work awayfrom headquarters or bonus (except where these are included bylaw or government regulations).

(ii) BonusBonuses are normally paid out of profits. Because the ProcuringEntity does not wish to make double payments for the same item,staff bonuses shall not normally be included in the rates. Where theConsultant’s accounting system is such that the percentages ofsocial costs and overheads are based on total revenue, includingbonuses, those percentages shall be adjusted downwardaccordingly. Where national policy requires that 13 months’ pay begiven for 12 months’ work, the profit element need not be adjusteddownward. Any discussions on bonuses shall be supported byaudited documentation, which shall be treated as confidential.

(iii) Social CostsSocial costs are the costs to the firm of staff’s non-monetarybenefits. These items include, inter alia, social security includingpension, medical and life insurance costs, and the cost of a staff

Section 4 – Financial Proposal – Standard Forms – Appendix 47


member being sick or on vacation. In this regard, the cost of leavefor public holidays is not an acceptable social cost nor is the cost ofleave taken during an assignment if no additional staff replacementhas been provided. Additional leave taken at the end of anassignment in accordance with the firm’s leave policy is acceptableas a social cost.

(iv) Cost of LeaveThe principles of calculating the cost of total days leave per annumas a percentage of basic salary shall normally be as follows:

Leave cost as percentage of salary 1 =total days leave x 100

[365 - w - ph - v - s]

It is important to note that leave can be considered a social costonly if the Procuring Entity is not charged for the leave taken.

(v) OverheadsOverhead expenses are the firm’s business costs that are notdirectly related to the execution of the assignment and shall not bereimbursed as separate items under the contract. Typical items arehome office costs (partner’s time, nonbillable time, time of seniorstaff monitoring the project, rent, support staff, research, stafftraining, marketing, etc.), the cost of staff not currently employedon revenue-earning projects, taxes on business activities andbusiness promotion costs. During negotiations, audited financialstatements, certified as correct by an independent auditor andsupporting the last three years’ overheads, shall be available fordiscussion, together with detailed lists of items making up theoverheads and the percentage by which each relates to basic salary.The Procuring Entity does not accept an add-on margin for socialcharges, overhead expenses, etc., for staff who are not permanentemployees of the firm. In such case, the firm shall be entitled onlyto administrative costs and fee on the monthly payments chargedfor subcontracted staff.

(vi) Fee or ProfitThe fee or profit shall be based on the sum of the salary, socialcosts, and overhead. If any bonuses paid on a regular basis arelisted, a corresponding reduction in the profit element shall beexpected. Fee or profit shall not be allowed on travel or otherreimbursable expenses, unless in the latter case an unusually largeamount of procurement of equipment is required. The firm shallnote that payments shall be made against an agreed estimatedpayment schedule as described in the draft form of the contract.

1 Where w = weekends, ph = public holidays, v = vacation, and s = sick leave.


(vii) Away from Headquarters Allowance or PremiumSome Consultants pay allowances to staff working away fromheadquarters. Such allowances are calculated as a percentage ofsalary and shall not draw overheads or profit. Sometimes, by law,such allowances may draw social costs. In this case, the amount ofthis social cost shall still be shown under social costs, with the netallowance shown separately. For concerned staff, this allowance,where paid, shall cover home education, etc.; these and similaritems shall not be considered as reimbursable costs.

(viii) Subsistence AllowancesSubsistence allowances are not included in the rates, but are paidseparately and in local currency. No additional subsistence ispayable for dependentsthe subsistence rate shall be the same formarried and single team members.

UNDP standard rates for the particular country may be used asreference to determine subsistence allowances.

2. Reimbursable expenses

2.1 The financial negotiations shall further focus on such items as out-of-pocket expenses and other reimbursable expenses. These costs mayinclude, but are not restricted to, cost of surveys, equipment, officerent, supplies, international and local travel, computer rental,mobilization and demobilization, insurance, and printing. These costsmay be either unit rates or reimbursable on the presentation of invoices,in foreign or local currency.

3. Bank Guarantee

3.1 Payments to the firm, including payment of any advance based on cashflow projections covered by a bank guarantee, shall be made according toan agreed estimated schedule ensuring the firm regular payments in localand foreign currency, as long as the services proceed as planned.

Section 4 – Financial Proposal – Standard Forms – Appendix 49


Sample Form

Consulting Firm: Country:Assignment: Date:

Consultant’s Representations Regarding Costs and Charges

We hereby confirm that:

(a) the basic salaries indicated in the attached table are taken from the firm’spayroll records and reflect the current salaries of the staff members listed whichhave not been raised other than within the normal annual salary increase policy asapplied to all the firm’s staff;

(b) attached are true copies of the latest salary slips of the staff memberslisted;

(c) the away from headquarters allowances indicated below are those that theConsultants have agreed to pay for this assignment to the staff members listed;

(d) the factors listed in the attached table for social charges and overhead arebased on the firm’s average cost experiences for the latest three years asrepresented by the firm’s financial statements; and

(e) said factors for overhead and social charges do not include any bonuses orother means of profit-sharing.

[Name of Consulting Firm]

Signature of Authorized Representative Date

Name:

Title:


Consultant’s Representations Regarding Costs and Charges

(Expressed in [insert name of currency])

Personnel 1 2 3 4 5 6 7 8

Name Position

Basic Salaryper Working

Month/Day/Year

SocialCharges

1

Overhead1 Subtotal Fee2

Away fromHeadquarte

rsAllowance

Proposed FixedRate perWorking

Month/Day/Hour

Proposed FixedRate perWorking

Month/Day/Hour1

Home Office

Field

1. Expressed as percentage of 12. Expressed as percentage of 4

Annex I – Time-Based Contract – Appendices 51


51

51 of 55

Section 5. Terms of Reference

.Enhancing the Resilience of the Agriculture Sector and Coastal Areas to Protect

Livelihoods and Improve Food SecurityTerms of Reference for Project Engineer Consultancy

1. Project Background

1.1 The National Environment & Planning Agency (NEPA) is the main regulatory agency of

the Government of Jamaica (GOJ) for environmental management and spatial

planning in support of sustainable development in Jamaica. NEPA was founded to

carry out the functional (technical), operational and administrative work of the

statutory authorities established under the Natural Resources Conservation Act

(NRCA), the Town & Country Planning Act (TCPA) and the Land Development and

Utilization Act (LDUA).

1.2 In its bid to carry out its mandate, NEPA’s core functions, are, inter alia, Research &

Planning: Policy, Standards Regulations for Legal, Spatial, Environmental matters:

Organizational Strategy, Policy, Communications, Business development,

Performance improvement; Development (Spatial): Urban, Rural; National, Regional,

Local; Land use Management: Database, Mapping; Environmental Management:

Pollution Prevention; Environment Monitoring: Conservation & Protection

Management: Ecosystems, Protected Areas, Watersheds and Beaches; Applications

Management: Processing applications and recommending approval or non-approval

of various categories and classes of permits and licenses for developments that

impact the environment and managing application renewals and revisions;

Compliance & Enforcement Management: Monitoring and Enforcement of

environmental and planning laws and regulations; and Public Education

Management: informing general and specific publics of requirements of

environmental and planning laws and regulations, and systems and processes that

impact public health and the environment.

1.3 NEPA is constantly assessing its capacity to effectively support and promote

sustainable development through the protection of the environment and through

planned and orderly spatial planning and development.

1.4 Data from climate models have indicated that Jamaica will experience significant

changes in temperature, precipitation and sea-levels. Jamaica’s Second National


Communication (SNC) to the United Nations Framework Convention on Climate

Change (UNFCCC) lists the main climate change risks as: sea level rise

increase in extreme events – precipitation and drought

more intense storms and storm surges

increased temperature

1.5 To give effect to this, Jamaica has tapped into a number of funding sources and is

implementing several related projects1. In November 2012, Jamaica received funds

through the Adaptation Fund to implement the multi-agency national project

“Enhancing the Resilience of the Agriculture Sector and Coastal Areas to Protect

Livelihoods and Improve Food Security”. This national project is coordinated by the

Planning Institute of Jamaica (PIOJ), Jamaica’s National Implementing Entity (NIE)2

under the Fund. The two key areas to be addressed by the Adaptation Fund (AF)

programme are agriculture, including fisheries and forestry management and

rehabilitation of coastal resources with spin-off benefits for the tourism sector.

1.6 The national project has three components to be implemented by the National

Environment & Planning Agency (NEPA), the National Works Agency (NWA), Ministry

of Agriculture and the Ministry of Tourism (MoT)/Office of Disaster Preparedness and

Emergency Management (ODPEM). The components are: 1) increasing the climate

resilience of the Negril coastline; 2) enhancing the climate resilience of the

agricultural sector by improving water and land management; and 3) improving

institutional and local level capacity for coastal and agricultural adaptation and

awareness raising for behaviour modification.

1.7 Component 1 is being implemented by NEPA and the NWA and will involve

installation of two breakwater structures to control coastal erosion of Negril’s

beaches; while Component 3 will be implemented by NEPA , the MoT and ODPEM.

1.8 Data from the National Hurricane Centre showed that 83 tropical storms and

hurricanes have passed within 300km of the Negril coastline during the period 1900

to 2006. Furthermore, there is empirical evidence that from 1950 -2007

approximately 79 storm systems came within 250 miles of Jamaica. Thirty (30) or

1 Among the projects to-date is the Climate Change Adaptation and Disaster Risk Reduction Project funding primarilyby the European Union with support from the United Nations Environment Programme and the Government ofJamaica; and the Pilot Program for Climate Resilience (PPCR).2 NIE status allows direct access to the resources of the Adaptation Fund for concrete adaptation measures.



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approximately 41 percent of these storms can be categorized as late season systems.

Thirty-one (31) systems attained hurricane status at their closest points to Jamaica.

Over the last 50 years there have been at least six periods of higher than normal

storm activity, all of which had storm erosion implications for Long Bay Negril. These

periods are; 1950-1952, 1961-1964, 1969-1971, 1979-1981, 1988-2001 and 2004-

2007.

1.9 In 2004, Hurricane Ivan caused severe damage to natural coastal assets, which

sustained damage of about J$600 million. Coral reefs were badly affected: branching

forms were broken, coral heads toppled, and coral rubble scattered (PIOJ 2004). The

beach in Negril suffered a net loss of 4m (Table 1). Hurricane Wilma in 2005 also

resulted in significant beach erosion, compounding the on-going decline in beach

width, and also hampering the recovery that was taking place after the damage from

Hurricane Ivan. A large quantity of seaweed was uprooted. Further details are

provided in Table 1.

Table 1: List of Major Hurricanes affecting Negril and relevant Impacts

1.10 The natural breakwaters, particularly coral reefs, have been able to provide

protection to the coastline in the past. However, constant pressure from changing

natural elements and human factors has reduced their resilience to natural hazards

and therefore reduced their ability to diffuse wave energy. Projections by the

Intergovernmental Panel on Climate Change (IPCC, 2007) suggest that the North

Atlantic region is likely to experience an increase in the frequency of more intense

cyclone systems (Categories 4 and 5). This implies that coral reefs, seagrass beds

and beaches will be exposed to even higher energy waves and storm surge with

attendant environmental and economic effects.

1.11 Negril is one of Jamaica's main tourist areas, providing micro- and macro-economic

benefits. The interventions identified in Component 1 of the AF programme are

geared specifically towards the main beach areas of Long Bay and Bloody Bay which


are confined to narrow, low-lying lands between the Caribbean Sea and the Negril

Great Morass. The area is a barrier beach system with elevations not exceeding 2m.

1.12 The beaches in Negril have been eroding at a rate of 0.5m/year and 1.0 m/year in

Bloody Bay and Long Bay respectively over the past 40 years. Some sections of the

beach have retreated more than 55m during that period. Evidence suggests these

trends were likely due to accelerated sea level rise which was estimated at 0.14 m

over the 1968 to 2006 period. Additionally, there has been recent intensification

and changes in storm wave and storm surge activities within the region.

1.13 Negril, specifically in the Long Bay and Bloody Bay vicinity, has also suffered due to

the degradation of coastal and marine ecosystems – mainly coral reefs and seagrass

meadows – which are also responsible for the supply of biogenic sand and the

protection of the coastline. The damage to these natural assets has resulted in a

decline in fish and other marine species. In community consultations conducted in

2009 under the Risk and Vulnerability Assessment Methodology Development

Project (RiVAMP), many fisher-folk highlighted the decline in the quantity of fish

and also linked it to the decline in ecosystem health. It was no longer a viable

livelihood for many, who sought alternative livelihoods including small-scale

farming and jobs in the tourism sector.

1.14 The coastline of Negril consists of two beaches with a total length of 9.1km (5.6

miles). The southern bay is called Long Bay and has a coastline stretching over a

distance of 7km (4.3 miles), with the beach width varying significantly from north to

south. Persistent coastal erosion, leading to the narrowing of the beach at Long Bay

and Bloody Bay has been one of the most challenging problems affecting Negril

over the past few years. This has been documented in several studies, the most

recent identifying that some sites in Negril have experienced shoreline retreats of

more than 55m over the period 1968 – 2008.The evidence in these studies has been

corroborated by measurements undertaken by the Negril Coral Reef Preservation

Society (NCRPS), a local Non-Governmental Organisation, (NGO) and beach profiling

carried out by the National Environment and Planning Agency (NEPA). Projections

are that unless significant work is undertaken, continued coastal flooding and beach

erosion in the Negril area will be significant.

1.15 Given the state of degradation of coastal resources and the threats of continued



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climate change, the long-term solution to the problem requires an integrated

approach. This includes the implementation of structural and non-structural

adaptation measures while simultaneously addressing practices that result in poor

coastal water quality, and deteriorating coastal ecosystems.

1.16 Two (2) breakwater structures totaling approximately 990m long will be installed

1300m off-shore forming an extension to the natural reef. The crest elevation will

be at mean sea-level, thus maximizing the effectiveness of the breakwaters while

maintaining the aesthetics of the area, a consideration which was important to local

stakeholders. The breakwaters will stabilize some 2000 – 2500m of shoreline in the

central parts of Long Bay. The expected outcomes of this activity are reduced rate

of beach loss with accretion of the beach over-time; reduced exposure of critical

assets to natural hazards; and restored ecosystem services which are essential to

the livelihoods of many including fisherfolk, tourism interests and others.

1.17 In the past, many entities have undertaken individual measures to reduce the

beach erosion in Negril. None of these have been comprehensive or have

adequately addressed the root cause of the problem. In this regard guidelines and

technical standards for beach restoration and shoreline protection will be

developed under Component 3 of the project based on technical and scientific

information from past and present studies, and in collaboration with scientists and

key stakeholders including hotel and restaurant owners, fisher-folk and community

members. In so doing, the stakeholders will have greater ownership of the

developed guidelines and standards and will more likely adopt them in future

development or expansion. These guidelines and technical standards can also then

be adapted for other coastal areas, thus scaling up the benefits of this programme.

1.18 A climate atlas for storm surge and sea level rise will also be developed under

Component 3 of the Project. This will be based on mapping of areas adjacent to the

coast to ensure land owners and regulators have the relevant information on

projected climate hazards and their effects. It will address two major climate

threats - sea level rise and storm surge. The atlas will be prepared at a sufficiently

large scale to make it useful as a guide for development planning of the area and

will guide local and national level processing of development applications. The atlas

will show the projected impact of sea-level rise and storm surge on the natural and

built environment of Negril and will identify the hazards, elements at risk and

projected impacts of the hazards for the area.


1.19 A communication and awareness programme on sound environmental

management practices, particularly to reduce the risk associated with climate-

related hazards will be prepared and implemented. NEPA, the Ministry of Tourism

and NGOs working in Negril, have facilitated stakeholder consultations related to

addressing beach erosion and other issues. There is need to continue the

communication and awareness efforts for Negril. Local communities will be trained

in disaster risk reduction (DRR) and natural resources management (NRM). Training

in DRR and NRM will allow residents and other stakeholders to participate in the

management of the resources in Negril and in efforts to build the resilience of

Negril and its residents to the impact of hazards. DRR training will include aspects of

preparedness, response, risk reduction hazard mapping, hazard specific mitigation

activities and business continuity planning for small businesses. The latter is seen as

a way to increase the economic resilience of the community in the face of hazards,

particularly for micro and small business owners. Training will target a cross-section

of vulnerable groups such as fisher-folk, vendors, micro and small business owners

as well as community-based organizations such as youth groups. The ODPEM

already has an established programme for community-based disaster risk

management training, and will be able to provide a standard curriculum as well as

facilitators for the training. Aspects to be included are hazard mapping,

preparedness, search and rescue, first aid, hazard specific mitigation activities and

business continuity planning.

1.20 Despite the current interventions designed to address the impact of climate change

on the Negril coastline, there is a high probability that Negril will suffer from sea

level rise in the long term. It is critical that this is recognized and that long term

planning commences as soon as possible. The community of Negril will have to

consider a future, for example, without some of the coastal infrastructure and

developments now in place. The risk atlas to be developed as part of the project

will be a key resource in the future planning for Negril. However, Adaptation Plans

for the most vulnerable areas along the Negril coastline will be developed to

encourage a long-term strategy for Negril and will ensure that future development

will include climate change adaptation strategies specific to the area. These plans

will be prepared using participatory methods and will be based on existing scientific

studies, the risk atlas as well as local knowledge and expertise. It is important that

these plans fit into national and parish policies and plans, and the overall National

Spatial Plan.

2.0 Project Objective



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The project’s objective is to assist with the adaptation to climate change and tocontribute to the sustainable development of Jamaica by increasing the resilience ofvulnerable areas.

Based on its mandate, NEPA is the Government agency responsible for permitting theinstallation of the breakwater structures and to ensure minimal environmental impactsassociated with the infrastructure. Consequently, NEPA will engage the Project EngineerConsultancy to:

1) Review the final engineer designs for the breakwater structures;

2) Monitor the construction activities as per the permits and licenses issued;

3) Monitor the efficacy of the breakwater structures on minimizing coastal

erosion;

4) Prepare guidelines for beach restoration and shoreline development in Negril;

and

5) Prepare Adaptation Plans for the most vulnerable areas along the Negril Coast

3.0 Scope of work for Project Engineer Consultancy

It is proposed that the Project Engineer Firm/Consortium will undertake the followingwork to successfully carry out the consultancy:

Element 1 - Review the suitability of the Design of the Breakwater Structures duringPre-construction Phase

1 Review the modeling studies, hydrodynamic studies and engineer drawings being

prepared by the consultants hired by the NWA to design the structures.

2 Review the completed engineer designs (being commissioned by the NWA under

Component 1) of the two (2) breakwater structures totaling approximately 990m long

to be installed 1300m off-shore forming an extension to the natural reef. The crest

elevation should be at mean sea-level, thus maximizing the effectiveness of the

breakwaters while maintaining the aesthetics of the area, a consideration which was

important to local stakeholders.

3 Review Bill of Quantities and Final Bid document for the construction phase as

prepared by NWA’s consultants

4 Review the Species Relocation Plans and EIA report prepared by NWA’s consultants

and provides guidance to NEPA on accuracy of the reports and outlining any long-

term implications for restoration of Negril’s coastline.

Element 2 - Manage Compliance & Enforcement aspects of the Construction works

5 Develop, in association with NEPA, a best practice procedures manual for the

monitoring of the construction and post-construction/operation phases of coastal

defense works. The manual should also (a) examine frequency of monitoring


depending on defense structures, analysis methods, instruments /equipment to be

used, costs and recommendations and (b) include effective and efficient

environmental management systems for ecosystems, pollution prevention, pollution

control and inclusive of impacts, risk mitigation associated with construction of

coastal defense mechanisms.

6 Facilitate and carry out training for transfer of knowledge to NEPA’s Enforcement

officers for compliance and enforcement management of construction of coastal

defense mechanisms.

7 Monitor NWA’s compliance of the Quarry permit to ensure that the conditions are

adhered to.

8 Monitor the relocation of marine species according to the species relocation plan.

9 Monitor the construction of the breakwater structures to ensure compliance with the

conditions of the permits and licenses issued by NEPA. Additionally, the type of

material to be used for construction and the placement of structures in designated

location will be monitored.

Element 3 - Preparation of Standards, Guidelines and Plans for Negril Coastline (BloodyBay in North to Norman Manley Beach Park in South)

1. Review storm surge and climate vulnerability maps prepared by the consultant to behired under component 3 of the National Project.2. Develop climate change adaptation measures for Negril.3. Develop guidelines/technical standards for Beach Restoration within Negril.4. Preparation of Adaptation Plan for Coastline Development in Negril.

Element 4 - Post-Construction/Operation Monitoring

1. Monitor the efficacy of the installed breakwater structures, inter alia, their structuralintegrity, accretion levels of beach in Long Bay and biological adaptation of thestructures.2. Monitor the growth rates and survival rates of the relocated species.3. Monitor the impact of the structures on environment-habitats/biodiversity within thevicinity4. Prepare and make appropriate presentations to 1) NEPA’s Internal Review Committee,2) NRCA’s Technical Review Committee and 3) the Board of the NRCA, on issuespertaining to efficacy of the installed structures.5. Prepare and submit Final Report on the Consultancy, to include lessons learnt, andrecommendations.

4.0 Project Outputs/Deliverables

The proposed outputs and deliverables for the project engineer consultancy are:



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1 Initial Project Implementation Plan - with Methodology, Workplan,

Responsibility matrix, milestones and schedule of deliverables.

2 Report on design and placement of the breakwater structures as per finalized

modeling studies, hydrodynamic studies and final engineer drawings. Report

should include a review of bill of quantities for construction phase.

3 Detailed report on the review of the EIA Study and the species relocation plan.

Report should include gaps and recommendations as necessary.

4 Procedures Manual for monitoring of construction and post-

construction/operational phases of coastal defense mechanisms.

5 Report on the training and knowledge transfer for compliance and

enforcement management of construction of coastal defense mechanisms.

6 Report outlining the climate change adaptation measures for Negril.

7 Guidelines/technical standards for Beach Restoration.

8 Adaptation Plan for Coastline Development within Negril

9 Monthly Environmental Monitoring and Compliance Reports highlighting any

environmental breaches identified and recommendations for improvements

in administration of the work. Monthly reports should also include

information on the reviews of any documents or process completed and any

work completed within the period for which there are no discrete deliverable.

10 Final Report on consultancy


Deliverable Schedule

Deliverable Dates from Contract Signing1. Initial Project Implementation Plan withMethodology, Workplan, Responsibility matrix,milestones

2 Weeks

2. Report on design and placement of thebreakwater structures as per finalized modelingstudies, hydrodynamic studies and finalengineer drawings

2 months

3. Detailed report on the review of the EIAStudy and the species relocation plan. Reportshould include gaps and recommendations asnecessary

4 months

4. Procedures Manual for monitoring ofconstruction and post-construction/operationalphases of coastal defense mechanisms.

6 months

5. Report on the training and knowledge

transfer for compliance and enforcement

management of construction of coastal defense

mechanisms.

Every two months

6. Report outlining the climate change

adaptation measures for Negril.

Every month after the first month

7. Guidelines/technical standards for Beach

Restoration

12 months

8. Adaptation Plan for Coastline Development

within Negril

18 months

9. Environmental Monitoring and ComplianceReports highlighting any environmentalbreaches identified and recommendations forimprovements in administration of the work.

Each month

10. Final Report on consultancy One month before end of contract

5.0 Institutional and Organization arrangements

NEPA’s Projects Planning & Monitoring Branch will oversee the implementation ofcomponent 1 and component 3 of the project as described in the MOUs with PIOJ andthe Ministry of Tourism respectively. The Enforcement Branch, the Protected AreasBranch and the Ecosystem Management Branch of NEPA will oversee the technical workof the Project Engineer. The NEPA resident engineer will oversee the technical work ofthe consultant and review all technical deliverables and monthly reports prepared by theConsultancy.



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6.0 Local personnel, services, and facilities to be provided by NEPA

The project Engineer will work out of the NEPA Negril office. Equipment and resourcematerials will be provided by the agency. Additionally, NEPA will be hiring two (2)Enforcement Officers to assist with the day-to-day monitoring of the construction andpost-construction works.

Lead officers from the Enforcement Branch, the Protected Areas Branch and theEcosystem Management Branch at NEPA will be assigned to the project.

NEPA will provide logistical support for all training sessions. NEPA will also providetechnical papers and reports, maps and GIS data to support the work to be carried out bythe Project Engineer.

7.0 Requirements of Project Engineer Consultancy

The Project Engineering Consultancy will consist of a team of professionals from a singlefirm, or a consortium of specialists. The professionals that comprise the team must haverequisite qualifications, training, expert knowledge and competencies and experience inengineering management, environmental management, ecosystems management, riskmanagement, quality management, environmental health and safety management, andenforcement management.

The key experts envisioned to comprise the consultant team are:

Lead Coastal Engineer: to be responsible for review and delivery of all technical

engineering reports. The coastal engineer shall also be responsible for preparing

procedures manual for monitoring coastal construction works, preparation of

guidelines/technical standards for beach restoration and for the preparation of the

adaptation plan for developments along the Negril coastline.

Ecosystems/Environmental Management Specialist: to be responsible for review of

EIA reports, species re-location plan and overall control of environmental issues

associated with construction and installation of the breakwater structures. The

environmental monitoring specialist shall also be responsible for preparation of

climate change adaptation measures for the Negril coastline.

Enforcement & Compliance Specialist: to be responsible for the monitoring of the

construction and quarry permit and licenses issued to the NWA. The enforcement &

compliance specialist should be able to identify breaches, gaps and recommendations

for improved environmental management.

The list of experts is indicative only. The consultant is not limited to using the indicatedexperts but shall be expected to use an appropriate mix/number of professionals tosuccessfully achieve the project deliverables within the indicated scope, time and cost.


Equipment: The consultant shall be required to provide all field and other equipmentnecessary to carry out field work and monitoring activities.

8.0 Consultancy Qualifications, Training & Experience

The consultancy shall comprise professionals with the following minimum qualifications,training and experience:

Qualifications

Masters degree or equivalent in areas of professional competence from

recognised tertiary educational institution(s)

Professional certification or registration in the areas of professional competence

by internationally or locally recognized institution(s).

Training

Communication – mass and individual – oral, written

Presentation and content delivery – with various media

Coastal defense infrastructure design, construction and installation

Environmental management systems monitoring

Ecosystems protection, conservation and management

Enforcement & Compliance monitoring

Experience

Ten (10) years practical experience in design, construction and installation of

coastal defense mechanisms

Demonstrable experience in compliance and enforcement monitoring of

environmental permits/licenses for coastal defense mechanisms

Demonstrated ability to work within a multi-disciplinary, and multi-cultural

environment

Demonstrated ability to work with a diverse group of professionals and para-

professionals from public bodies, private industry, research institutions, and non-

governmental organizations.

Communication in English – oral and written

Content presentation/delivery to professionals and or para-professionals using

various audio-visual or electronic formats



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10.0 Characteristics of Consultancy

Language of delivery: EnglishType of Contract: Single Firm or Consortium of SpecialistsPeriod of Engagement: Twenty-four (24 calendar months (continuous)

December 2013 - December 2015.Level of Effort: 430 man-daysCost of consultancy: The cost of the consultancy shall not exceed J$23M,

inclusive of reimbursable charges. Reimbursablecosts shall include ground and air transportation,communication, and equipment, hotelaccommodation and administrative expenses.

Logistical Support: The consultant shall provide their own fieldequipment in order to complete the scope of work.NEPA shall provide computer hardware, officespace, maps, charts, logistical support anddocuments for carrying out of the consultancy.


Section 6. Standard Forms of Contract

April 2010

65

S T A N D A R D F O R M O F C O N T R A C T

Consultants’Services

Lump-Sum

67

April 2010

Contents

Preface ........................................................................................ 69

I. Form of Contract ......................................................................... 73

II. General Conditions of Contract........................................................ 76

1. General Provisions ................................................................... 76

1.1 Definitions ...................................................................... 761.2 Law Governing Contract ...................................................... 771.3 Language........................................................................ 771.4 Notices .......................................................................... 771.5 Location......................................................................... 771.6 Authority of Member in Charge.............................................. 771.7 Authorized Representatives.................................................. 771.8 Taxes and Duties............................................................... 771.9 Fraud and Corruption ......................................................... 78

2. Commencement, Completion, Modification and Termination of Contract .. 79

2.1 Effectiveness of Contract .................................................... 792.2 Commencement of Services.................................................. 792.3 Expiration of Contract ........................................................ 792.4 Modifications or Variations................................................... 792.5 Force Majeure.................................................................. 792.6 Termination .................................................................... 80

3. Obligations of the Consultant...................................................... 81

3.1 General.......................................................................... 813.2 Conflict of Interests ........................................................... 813.3 Confidentiality ................................................................. 823.4 Insurance to be Taken Out by the Consultant ............................. 823.5 Consultant’s Actions Requiring Procuring Entity’s Prior Approval...... 833.6 Reporting Obligations ......................................................... 833.7 Documents Prepared by the Consultant to be the Property of theProcuring Entity...................................................................... 833.8 Accounting, Inspection and Auditing ....................................... 83

4. Consultant’s Personnel.............................................................. 83

4.1 Description of Personnel...................................................... 834.2 Removal and/or Replacement of Personnel ............................... 84

5. Obligations of the Procuring Entity ............................................... 84

5.1 Assistance and Exemptions................................................... 845.2 Change in the Applicable Law Related to Taxes and Duties ............. 845.3 Services and Facilities ........................................................ 84

68

6. Payments to the Consultant........................................................ 84

6.1 Lump-Sum Payment ........................................................... 846.2 Contract Price.................................................................. 856.3 Payment for Additional Services ............................................ 856.4 Terms and Conditions of Payment .......................................... 856.5 Interest on Delayed Payments ............................................... 85

7. Good Faith ............................................................................ 85

7.1 Good Faith ...................................................................... 85

8. Settlement Of Disputes ............................................................. 85

8.1 Amicable Settlement.......................................................... 858.2 Dispute Resolution............................................................. 85

III. Special Conditions of Contract........................................................ 87

IV. Appendices............................................................................... 93

Appendix A – Description of Services ................................................. 93

Appendix B - Reporting Requirements ................................................ 93

Appendix C - Key Personnel and Sub-Consultants................................... 93

Appendix D - Breakdown of Contract Price in Foreign Currency.................. 93

Appendix E - Breakdown of Contract Price in Local Currency .................... 94

Appendix F - Services and Facilities Provided by the Procuring Entity .......... 94

Appendix G - Form of Advance Payments Guarantee .............................. 94

Annex II – Lump-Sum Contract – Preface 69


Preface

1. This standard contract for Consulting Services has been prepared by theGOJ for use by the public sector (referred to hereafter as Procuring Entitys)when they hire a consulting firm (referred to hereinafter as the Consultant) toprovide services paid on lump-sum basis.

2. The Contract includes four parts: the Form of Contract, the GeneralConditions of Contract, the Special Conditions of Contract, and the Appendices.The Procuring Entity using this standard contract should not alter the GeneralConditions. Any adjustment to meet project features should be made only inthe Special Conditions.

3. Lump-sum contracts are normally used when definition of the tasks to beperformed is clear and unambiguous, when the commercial risk taken by theConsultant are relatively low, and when therefore such Consultant are preparedto perform the assignment for an agreed predetermined lump-sum price. Suchprice is arrived at on the basis of inputs - including rates - provided by theConsultant. The Procuring Entity agrees to pay the Consultant according to aschedule of payments linked to the delivery of certain outputs, for examplereports. A major advantage of the lump-sum contract is the simplicity of itsadministration, the Procuring Entity having only to be satisfied with the outputswithout monitoring the staff inputs. Studies are usually carried out on a lump-sum basis: for example, surveys, master plans, economic, sector, simplefeasibility and engineering studies.

71

April 2010

CONTRACT FOR CONSULTANTS’ SERVICES

Lump-Sum

between

[name of the Procuring Entity]

and

[name of the Consultant]

Dated:

Annex II 73

April 2010

I. Form of ContractLUMP-SUM

(Text in brackets [ ] is optional; all notes should be deleted in final text)

This CONTRACT (hereinafter called the “Contract”) is made the [day] day ofthe month of [month], [year], between, on the one hand, [name of ProcuringEntity] (hereinafter called the “Procuring Entity”) and, on the other hand,[name of Consultant] (hereinafter called the “Consultant”).

[Note: If the Consultant consist of more than one entity, the above should bepartially amended to read as follows: “…(hereinafter called the “ProcuringEntity”) and, on the other hand, a joint venture/consortium/associationconsisting of the following entities, each of which will be jointly and severallyliable to the Procuring Entity for all the Consultant’s obligations under thisContract, namely, [name of Consultant] and [name of Consultant] (hereinaftercalled the “Consultant”).]

WHEREAS

(a) the Procuring Entity has requested the Consultant to providecertain consulting services as defined in this Contract (hereinaftercalled the “Services”);

(b) the Consultant, having represented to the Procuring Entity that ithas the required professional skills, and personnel and technicalresources, has agreed to provide the Services on the terms andconditions set forth in this Contract;

(c) the Procuring Entity has received a budgetary allocation(hereinafter called “funds”) from the Ministry of Finance andPlanning (hereinafter called “MOFP”) toward the cost of the projecttowards the cost of the Services and intends to apply a portion ofthe proceeds of this allocation to eligible payments under thisContract, it being understood all payments will be subject, in allrespects, to the terms and conditions of the agreement;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form anintegral part of this Contract:

(a) The General Conditions of Contract;

(b) The Special Conditions of Contract;

(c) The following Appendices: [Note: If any of these Appendices arenot used, the words “Not Used” should be inserted below next tothe title of the Appendix]Appendix A: Description of Services Not usedAppendix B: Reporting Requirements Not used

74 Annex II I. Form of Contract

Appendix C: Key Personnel and Sub-Consultants Not usedAppendix D: Breakdown of Contract Price in Foreign CurrencyNot usedAppendix E: Breakdown of Contract Price in Local Currency NotusedAppendix F: Services and Facilities Provided by the ProcuringEntity Not usedAppendix G: Form of Advance Payment Guarantee Not used[ Note: The procuring entity shall prepare each appendix forattachment hereto consistent with the particular procurement.Additionally, the procuring entity shall include any Appendixapplicable to the particular procurement that has not beeninclude in the above listing. The above listing is not exhaustiveand may be changed to satisfy the particular requirements ofeach contract.]

2. The mutual rights and obligations of the Procuring Entity and theConsultant shall be as set forth in the Contract, in particular:

(a) the Consultants shall carry out the Services in accordance with theprovisions of the Contract; and

(b) the Procuring Entity shall make payments to the Consultants inaccordance with the provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to besigned in their respective names as of the day and year first above written.

For and on behalf of [name of Procuring Entity]

[Authorized Representative]

For and on behalf of [name of Consultant]


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

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

[name of member]


Annex II I. Form of Contract 75


[name of member]


Annex II 76

April 2010

II. General Conditions of Contract1. GENERAL PROVISIONS

1.1 Definitions Unless the context otherwise requires, the following termswhenever used in this Contract have the following meanings:

a. “Applicable Law” means the laws and any otherinstruments having the force of law in Jamaica.

b. “Consultant” means any private or public entity that willprovide the Services to the Procuring Entity under theContract.

c. “Contract” means the Contract signed by the Parties andall the attached documents listed in its Clause 1, that isthese General Conditions (GC), the Special Conditions(SC), and the Appendices.

d. “Contract Price” means the price to be paid for theperformance of the Services, in accordance with Clause 6;

e. “Effective Date” means the date on which this Contractcomes into force and effect pursuant to Clause GC 2.1.

f. “Foreign Currency” means any currency other than thecurrency of the Procuring Entity’s country.

g. “GC” means these General Conditions of Contract.

h. “Government” means the Government of the ProcuringEntity’s country.

i. “Local Currency” means the currency of the ProcuringEntity’s country.

j. “Member” means any of the entities that make up thejoint venture/consortium/association, and “Members”means all these entities.

k. “Party” means the Procuring Entity or the Consultant, asthe case may be, and “Parties” means both of them.

l. “Personnel” means persons hired by the Consultant or byany Sub-Consultants and assigned to the performance ofthe Services or any part thereof.

m. “SC” means the Special Conditions of Contract by whichthe GC may be amended or supplemented.

n. “Services” means the work to be performed by theConsultant pursuant to this Contract, as described inAppendix A hereto.

II. General Conditions of Contract Annex II. Lump-Sum Contract 77


o. “Sub-Consultants” means any person or entity towhom/which the Consultant subcontracts any part of theServices.

p. (q) “In writing” means communicated in written form withproof of receipt.

1.2 LawGoverningContract

This Contract, its meaning and interpretation, and therelation between the Parties shall be governed by theApplicable Law.

1.3 Language This Contract has been executed in the language specified inthe SC, which shall be the binding and controlling languagefor all matters relating to the meaning or interpretation ofthis Contract.

1.4 Notices

1.4.1 Any notice, request or consent required or permitted to begiven or made pursuant to this Contract shall be in writing.Any such notice, request or consent shall be deemed to havebeen given or made when delivered in person to anauthorized representative of the Party to whom thecommunication is addressed, or when sent to such Party atthe address specified in the SC.

1.4.2 A Party may change its address for notice hereunder by givingthe other Party notice in writing of such change to theaddress specified in the SC.

1.5 Location The Services shall be performed at such locations as arespecified in Appendix A hereto and, where the location of aparticular task is not so specified, at such locations, whetherin the Government’s country or elsewhere, as the ProcuringEntity may approve.

1.6 Authority ofMember inCharge

In case the Consultant consists of a joint venture/consortium/ association of more than one entity, theMembers hereby authorize the entity specified in the SC toact on their behalf in exercising all the Consultant’s rightsand obligations towards the Procuring Entity under thisContract, including without limitation the receiving ofinstructions and payments from the Procuring Entity.

1.7 AuthorizedRepresenta-tives

Any action required or permitted to be taken, and anydocument required or permitted to be executed under thisContract by the Procuring Entity or the Consultant may betaken or executed by the officials specified in the SC.

1.8 Taxes andDuties

The Consultant, Sub-Consultants, and their Personnel shallpay such indirect taxes, duties, fees, and other impositionslevied under the Applicable Law as specified in the SC, the

78 Annex II. Lump-Sum Contract II. General Conditions of Contract

amount of which is deemed to have been included in theContract Price.

In accordance to Tax Compliance And Public SectorProcurement Circular No 13 (http://www.mof.gov.jm/papers)the Bidder shall have to demonstrate that they have paid suchtaxes, duties, fees and other impositions as may be levied inJamaica.

1.9 Fraud andCorruption

1.9.1Definitions

Government of Jamaica requires that Bidders, Suppliers,Contractors, and Consultants, observe the highest standard ofethics during the procurement and execution of suchcontracts. In pursuit of this policy, GOJ:

(a) defines, for the purpose of this provision, the terms setforth below as follows:

(i) “corrupt practice” means the offering, giving,receiving, or soliciting, directly or indirectly, ofanything of value to influence the action of apublic official in the procurement process or incontract execution;

“fraudulent practice” means a misrepresentationor omission of facts in order to influence aprocurement process or the execution of acontract, to the detriment of Government ofJamaica and includes collusive practice amongbidders (prior to or after bid submission) designedto establish bid prices at artificial non-competitive levels and to deprive Government ofthe benefits of free and open competition;

“collusive practice” means a scheme orarrangement between two or more bidders, withor without the knowledge of the Procuring Entity,designed to establish bid prices at artificial non-competitive levels or to influence the action ofany party in the procurement process or theexecution of a contract; and

“coercive practice” means harming or threateningto harm, directly or indirectly, persons or theirproperty to influence their participation in theprocurement process or affect the execution of acontract;



1.9.3 Commis-sionsandFees

(d) will require the successful Consultant to disclose anycommissions or fees that may have been paid or are tobe paid to agents, representatives, or commissionagents with respect to the selection process orexecution of the contract. The information disclosedmust include at least the name and address of theagent, representative, or commission agent, theamount and currency, and the purpose of thecommission or fee.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT

2.1 Effectivenessof Contract

This Contract shall come into effect on the date theContract is signed by both Parties or such other later date asmay be stated in the SC. The date the Contract comes intoeffect is defined as the Effective Date.

2.2 Commence-ment ofServices

The Consultant shall begin carrying out the Services not laterthan the number of days after the Effective Date specified inthe SC.

2.3 Expiration ofContract

Unless terminated earlier pursuant to Clause GC 2.6 hereof,this Contract shall expire at the end of such time period afterthe Effective Date as specified in the SC.

2.4 Modificationsor Variations

Any modification or variation of the terms and conditions ofthis Contract, including any modification or variation of thescope of the Services, may only be made by writtenagreement between the Parties. However, each Party shallgive due consideration to any proposals for modification orvariation made by the other Party.

2.5 ForceMajeure

2.5.1Definition For the purposes of this Contract, “Force Majeure” means anevent which is beyond the reasonable control of a Party andwhich makes a Party’s performance of its obligations underthe Contract impossible or so impractical as to be consideredimpossible under the circumstances.

2.5.2 NoBreachofContract

The failure of a Party to fulfill any of its obligations underthe contract shall not be considered to be a breach of, ordefault under, this Contract insofar as such inability arisesfrom an event of Force Majeure, provided that the Partyaffected by such an event (a) has taken all reasonableprecautions, due care and reasonable alternative measures inorder to carry out the terms and conditions of this Contract,and (b) has informed the other Party as soon as possible


about the occurrence of such an event.

2.5.3Extension ofTime

Any period within which a Party shall, pursuant to thisContract, complete any action or task, shall be extended fora period equal to the time during which such Party wasunable to perform such action as a result of Force Majeure.

2.5.4Payments

During the period of their inability to perform the Services asa result of an event of Force Majeure, the Consultant shall beentitled to continue to be paid under the terms of thisContract, as well as to be reimbursed for additional costsreasonably and necessarily incurred by them during suchperiod for the purposes of the Services and in reactivatingthe Service after the end of such period.

2.6 Termination

2.6.1 By theProcuring Entity

The Procuring Entity may terminate this Contract in case ofthe occurrence of any of the events specified in paragraphs(a) through (f) of this Clause GC 2.6.1. In such an occurrencethe Procuring Entity shall give a not less than thirty (30)days’ written notice of termination to the Consultant, andsixty (60) days’ in the case of the event referred to in (e).

(a) If the Consultant does not remedy a failure in theperformance of their obligations under the Contract,within thirty (30) days after being notified or within anyfurther period as the Procuring Entity may havesubsequently approved in writing.

(b) If the Consultant becomes insolvent or bankrupt.

(c) If the Consultant, in the judgment of the ProcuringEntity has engaged in corrupt or fraudulent practices incompeting for or in executing the Contract.

(d) If, as the result of Force Majeure, the Consultant areunable to perform a material portion of the Services fora period of not less than sixty (60) days.

(e) If the Procuring Entity, in its sole discretion and for anyreason whatsoever, decides to terminate this Contract.

(f) If the Consultant fails to comply with any final decisionreached as a result of arbitration proceedings pursuantto Clause GC 8 hereof.

2.6.2 By theConsultant

The Consultants may terminate this Contract, by not lessthan thirty (30) days’ written notice to the Procuring Entity,such notice to be given after the occurrence of any of theevents specified in paragraphs (a) through (c) of this Clause



GC 2.6.2:

(a) If the Procuring Entity fails to pay any money due to theConsultant pursuant to this Contract and not subject todispute pursuant to Clause GC 7 hereof within forty-five(45) days after receiving written notice from theConsultant that such payment is overdue.

(b) If, as the result of Force Majeure, the Consultant isunable to perform a material portion of the Services fora period of not less than sixty (60) days.

(c) If the Procuring Entity fails to comply with any finaldecision reached as a result of arbitration pursuant toClause GC 8 hereof.

2.6.3 PaymentuponTermination

Upon termination of this Contract pursuant to Clauses GC2.6.1 or GC 2.6.2, the Procuring Entity shall make thefollowing payments to the Consultant:

(a) payment pursuant to Clause GC 6 for Servicessatisfactorily performed prior to the effective date oftermination;

(b) except in the case of termination pursuant toparagraphs (a) through (c), and (f) of Clause GC 2.6.1,reimbursement of any reasonable cost incident to theprompt and orderly termination of the Contract,including the cost of the return travel of the Personneland their eligible dependents.

3. OBLIGATIONS OF THE CONSULTANT

3.1 General

3.1.1.................................................... Standard of Performance

The Consultant shall perform the Services and carry out theirobligations hereunder with all due diligence, efficiency andeconomy, in accordance with generally accepted professionalstandards and practices, and shall observe soundmanagement practices, and employ appropriate technologyand safe and effective equipment, machinery, materials andmethods. The Consultant shall always act, in respect of anymatter relating to this Contract or to the Services, as faithfuladvisers to the Procuring Entity, and shall at all times supportand safeguard the Procuring Entity’s legitimate interests inany dealings with Sub-Consultants or third Parties.

3.2 Conflict ofInterests

The Consultant shall hold the Procuring Entity’s interestsparamount, without any consideration for future work, andstrictly avoid conflict with other assignments or their own


corporate interests.

3.2.1 Consult-ants Notto BenefitfromCommis-sions, Dis-counts,etc.

The payment of the Consultant pursuant to Clause GC 6 shallconstitute the Consultant’s only payment in connection withthis Contract or the Services, and the Consultant shall notaccept for their own benefit any trade commission, discount,or similar payment in connection with activities pursuant tothis Contract or to the Services or in the discharge of theirobligations under the Contract, and the Consultant shall usetheir best efforts to ensure that the Personnel, any Sub-Consultants, and agents of either of them similarly shall notreceive any such additional payment.

3.2.2Consultant andAffiliatesNot to beOtherwiseInterested inProject

The Consultant agrees that, during the term of this Contractand after its termination, the Consultant and any entityaffiliated with the Consultant, as well as any Sub-Consultantsand any entity affiliated with such Sub-Consultants, shall bedisqualified from providing goods, works or services (otherthan consulting services) resulting from or directly related tothe Consultant’s Services for the preparation orimplementation of the project.

3.2.3Prohibiti

on ofConflictingActivities

The Consultant shall not engage, and shall cause theirPersonnel as well as their Sub-Consultants and theirPersonnel not to engage, either directly or indirectly, in anybusiness or professional activities which would conflict withthe activities assigned to them under this Contract.

3.3Confidentiality

Except with the prior written consent of the ProcuringEntity, the Consultant and the Personnel shall not at anytime communicate to any person or entity any confidentialinformation acquired in the course of the Services, nor shallthe Consultant and the Personnel make public therecommendations formulated in the course of, or as a resultof, the Services.

3.4 Insurance tobe Taken Outby theConsultant

The Consultant (a) shall take out and maintain, and shallcause any Sub-Consultants to take out and maintain, at their(or the Sub-Consultants’, as the case may be) own cost buton terms and conditions approved by the Procuring Entity,insurance against the risks, and for the coverage, as shall bespecified in the SC; and (b) at the Procuring Entity’s request,shall provide evidence to the Procuring Entity showing thatsuch insurance has been taken out and maintained and thatthe current premiums have been paid.



3.5 Consultant’sActionsRequiringProcuringEntity’s PriorApproval

The Consultant shall obtain the Procuring Entity’s prior approvalin writing before taking any of the following actions:

(a) entering into a subcontract for the performance of any partof the Services,

(b) appointing such members of the Personnel not listed byname in Appendix C, and

(c) any other action that may be specified in the SC.

3.6 ReportingObligations

(a) The Consultant shall submit to the Procuring Entity thereports and documents specified in Appendix B hereto, inthe form, in the numbers and within the time periods setforth in the said Appendix.

(b) Final reports shall be delivered in CD ROM in addition to thehard copies specified in said Appendix.

3.7 DocumentsPrepared bytheConsultant tobe theProperty ofthe ProcuringEntity

(a) All plans, drawings, specifications, designs, reports, otherdocuments and software submitted by the Consultant underthis Contract shall become and remain the property of theProcuring Entity, and the Consultant shall, not later thanupon termination or expiration of this Contract, deliver allsuch documents to the Procuring Entity, together with adetailed inventory thereof.

(b) The Consultant may retain a copy of such documents andsoftware. Restrictions about the future use of thesedocuments, if any, shall be specified in the SC.

3.8 Accounting,Inspectionand Auditing

The Consultant (i) shall keep accurate and systematic accountsand records in respect of the Services hereunder, in accordancewith internationally accepted accounting principles and in suchform and detail as will clearly identify all relevant time changesand costs, and the bases thereof, and (ii) shall periodicallypermit the Procuring Entity or its designated representative andup to two years from the expiration or termination of thisContract, to inspect the same and make copies thereof as wellas to have them audited by auditors appointed by the ProcuringEntity, if so required by the Procuring Entity.

4. CONSULTANT’S PERSONNEL

4.1 Descriptionof Personnel

The Consultant shall employ and provide such qualified andexperienced Personnel and Sub-Consultants as are required tocarry out the Services. The titles, agreed job descriptions,minimum qualifications, and estimated periods of engagement inthe carrying out of the Services of the Consultant’s KeyPersonnel are described in Appendix C. The Key Personnel and


Sub-Consultants listed by title as well as by name in Appendix Care hereby approved by the Procuring Entity.

4.2 Removaland/orReplacementof Personnel

(a) Except as the Procuring Entity may otherwise agree, nochanges shall be made in the Key Personnel. If, for anyreason beyond the reasonable control of the Consultant,such as retirement, death, medical incapacity, amongothers, it becomes necessary to replace any of the KeyPersonnel, the Consultant shall provide as a replacement aperson of equivalent or better qualifications.

(b) If the Procuring Entity finds that any of the Personnel have(i) committed serious misconduct or have been chargedwith having committed a criminal action, or (ii) havereasonable cause to be dissatisfied with the performance ofany of the Personnel, then the Consultant shall, at theProcuring Entity’s written request specifying the groundsthereof, provide as a replacement a person withqualifications and experience acceptable to the ProcuringEntity.

(c) The Consultant shall have no claim for additional costsarising out of or incidental to any removal and/orreplacement of Personnel.

5. OBLIGATIONS OF THE PROCURING ENTITY

5.1 AssistanceandExemptions

The Procuring Entity shall use its best efforts to ensure that theGovernment shall provide the Consultant such assistance andexemptions as specified in the SC.

5.2 Change intheApplicableLaw Relatedto Taxes andDuties

If, after the date of this Contract, there is any change in theApplicable Law with respect to taxes and duties which increasesor decreases the cost incurred by the Consultant in performingthe Services, then the remuneration and reimbursable expensesotherwise payable to the Consultant under this Contract shall beincreased or decreased accordingly by agreement between theParties, and corresponding adjustments shall be made to theamounts referred to in Clauses GC 6.2 (a) or (b), as the case maybe.

5.3 Services andFacilities

The Procuring Entity shall make available free of charge to theConsultant the Services and Facilities listed under Appendix F.

6. PAYMENTS TO THE CONSULTANT

6.1 Lump-SumPayment

The total payment due to the Consultant shall not exceed theContract Price which is an all inclusive fixed lump-sum covering



all costs required to carry out the Services described in AppendixA. Except as provided in Clause 5.2, the Contract Price may onlybe increased above the amounts stated in Clause 6.2 if theParties have agreed to additional payments in accordance withClause 2.4.

6.2 ContractPrice

(a) The price payable in foreign currency/currencies is setforth in the SC.

(b) The price payable in local currency is set forth in the SC.

6.3 Payment forAdditionalServices

For the purpose of determining the remuneration due foradditional services as may be agreed under Clause 2.4, abreakdown of the lump-sum price is provided in Appendices Dand E.

6.4 Terms andConditions ofPayment

Payments will be made to the account of the Consultant andaccording to the payment schedule stated in the SC. Unlessotherwise stated in the SC, the first payment shall be madeagainst the provision by the Consultant of an advance paymentguarantee for the same amount, and shall be valid for theperiod stated in the SC. Such guarantee shall be in the form setforth in Appendix G hereto, or in such other form, as theProcuring Entity shall have approved in writing. Any otherpayment shall be made after the conditions listed in the SC forsuch payment have been met, and the Consultant has submittedan invoice to the Procuring Entity specifying the amount due.

6.5 Interest onDelayedPayments

If the Procuring Entity has delayed payments beyond fifteen (15)days after the due date stated in the Clause SC 6.4, interestshall be paid to the Consultant for each day of delay at the ratestated in the SC.

7. GOOD FAITH

7.1 Good Faith The Parties undertake to act in good faith with respect to eachother’s rights under this Contract and to adopt all reasonablemeasures to ensure the realization of the objectives of thisContract.

8. SETTLEMENT OF DISPUTES

8.1 AmicableSettlement

The Parties agree that the avoidance or early resolution ofdisputes is crucial for a smooth execution of the Contract andthe success of the assignment. The Parties shall use their bestefforts to settle amicably all disputes arising out of or inconnection with this Contract or its interpretation.

8.2 Dispute Any dispute between the Parties as to matters arising pursuant


Resolution to this Contract that cannot be settled amicably within thirty(30) days after receipt by one Party of the other Party’s requestfor such amicable settlement may be submitted by either Partyfor settlement in accordance with the provisions specified in theSC.

Annex II 87

April 2010

III. Special Conditions of Contract(Clauses in brackets { } are optional; all notes should be deleted in final text)

Number ofGC Clause

Amendments of, and Supplements to, Clauses in theGeneral Conditions of Contract

1.3 The language is: English

1.4 The addresses are:

Procuring Entity:

Attention:

Facsimile:

E-mail:

Consultant:

Attention:

Facsimile:

E-mail:

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

Note: If the Consultant consists of a joint venture/ consortium/association of more than one entity, the name of the entity whoseaddress is specified in Clause SC 1.6 should be inserted here. If theConsultant consists only of one entity, this Clause SC 1.8 should bedeleted from the SC.

1.7 The Authorized Representatives are:

For the Procuring Entity:

For the Consultant:

1.8 The Procuring Entity warrants that the Consultant, the Sub-Consultants and the Personnel shall be exempt from (or that theProcuring Entity shall pay on behalf of the Consultant, the Sub-Consultants and the Personnel, or shall reimburse the Consultant,

88 Annex II – Lump-Sum Contract III. Special Conditions of Contract

the Sub-Consultants and the Personnel for) any indirect taxes,duties, fees, levies and other impositions imposed, under theApplicable Law, on the Consultant, the Sub-Consultants and thePersonnel in respect of:

(a) any payments whatsoever made to the Consultant, Sub-Consultants and the Personnel (other than nationals orpermanent residents of the Government’s country), inconnection with the carrying out of the Services;

(b) any equipment, materials and supplies brought into theGovernment’s country by the Consultant or Sub-Consultants forthe purpose of carrying out the Services and which, afterhaving been brought into such territories, will be subsequentlywithdrawn there from by them;

(c) any equipment imported for the purpose of carrying out theServices and paid for out of funds provided by the ProcuringEntity and which is treated as property of the Procuring Entity;

(d) any property brought into the Government’s country by theConsultant, any Sub-Consultants or the Personnel (other thannationals or permanent residents of the Government’scountry), or the eligible dependents of such Personnel for theirpersonal use and which will subsequently be withdrawn therefrom by them upon their respective departure from theGovernment’s country, provided that:

At the time of the contract award the bidder shall present to theProcuring Entity a valid Tax Compliance Certificate for due taxes inJamaica.

(1) the Consultant, Sub-Consultants and Personnel, and theireligible dependents, shall follow the usual customsprocedures of the Government’s country in importingproperty into the Government’s country; and

(2) if the Consultant, Sub-Consultants or Personnel, or theireligible dependents, do not withdraw but dispose of anyproperty in the Government’s country upon whichcustoms duties and taxes have been exempted, theConsultant, Sub-Consultants or Personnel, as the casemay be, (i) shall bear such customs duties and taxes inconformity with the regulations of the Government’scountry, or (ii) shall reimburse them to the ProcuringEntity if they were paid by the Procuring Entity at thetime the property in question was brought into theGovernment’s country.

III. Special Conditions of Contract Annex II – Lump-Sum Contract 89


{2.1} {The Effective Date is [insert date].}

Note: The Effective Date may be specified by reference toconditions of effectiveness of the Contract, such as approval of theContract by the NCC, , etc. If the Contract shall come into effecton the date it is signed, this Clause SC 2.1 should be deleted fromthe SC.

2.2 The date for the commencement of Services is [insert date].

2.3 The time period shall be [insert time period, e.g.: twelve months].

3.4 The risks and the coverage shall be as follows:

(a) Third Party motor vehicle liability insurance in respect ofmotor vehicles operated in the Government’s country by theConsultant or its Personnel or any Sub-Consultants or theirPersonnel, with a minimum coverage of [insert amount andcurrency];

(b) Third Party liability insurance, with a minimum coverage of[insert amount and currency];

(c) professional liability insurance, with a minimum coverage of[insert amount and currency];

(d) employer’s liability and workers’ compensation insurance inrespect of the Personnel of the Consultant and of any Sub-Consultants, in accordance with the relevant provisions of theApplicable Law, as well as, with respect to such Personnel, anysuch life, health, accident, travel or other insurance as may beappropriate; and

(e) insurance against loss of or damage to (i) equipment purchasedin whole or in part with funds provided under this Contract, (ii)the Consultant’s property used in the performance of theServices, and (iii) any documents prepared by the Consultantin the performance of the Services.

Note: Delete what is not applicable

{3.5 (c)} {The other actions are: [insert actions].}

Note: If there are no other actions, delete this Clause SC 3.5 (c).

{3.7 (b)} Note: If there is to be no restriction on the future use of thesedocuments by either Party, this Clause SC 3.7 should be deleted. Ifthe Parties wish to restrict such use, any of the following options,


or any other option agreed to by the Parties, may be used:

{The Consultant shall not use these documents and software forpurposes unrelated to this Contract without the prior writtenapproval of the Procuring Entity.}

{The Procuring Entity shall not use these documents and softwarefor purposes unrelated to this Contract without the prior writtenapproval of the Consultant.}

{Neither Party shall use these documents and software for purposesunrelated to this Contract without the prior written approval of theother Party.}

{5.1} Note: List here any assistance or exemptions that the ProcuringEntity may provide under Clause 5.1. If there is no such assistanceor exemptions, state “not applicable.”

6.2(a) The amount in foreign currency or currencies is [insert amount].

6.2(b) The amount in local currency is [insert amount].

6.4 The accounts are:

for foreign currency or currencies: [insert account]

for local currency: [insert account]

Payments shall be made according to the following schedule:

Note: (a) the following installments are indicative only; (b) if thepayment of foreign currency and of local currency does not followthe same schedule, add a separate schedule for payment in localcurrency; (c) “commencement date” may be replaced with “date ofeffectiveness;” and (d) if applicable, detail further the nature ofthe report evidencing performance, as may be required, e.g.,submission of study or specific phase of study, survey, drawings,draft bidding documents, etc., as listed in Appendix B, ReportingRequirements. In the example provided, the bank guarantee forthe repayment is released when the payments have reached 50percent of the lump- sum price, because it is assumed that at thatpoint, the advance has been entirely set off against theperformance of services.

(a) Twenty (20) percent of the Contract Price shall be paid on thecommencement date against the submission of a demandguarantee for the same.

(b) Ten (10) percent of the lump-sum amount shall be paid upon

III. Special Conditions of Contract Annex II – Lump-Sum Contract 91


submission of the inception report.

(c) Twenty-five (25) percent of the lump-sum amount shall bepaid upon submission of the interim report.

(d) Twenty-five (25) percent of the lump-sum amount shall bepaid upon submission of the draft final report.

(e) Twenty (20) percent of the lump-sum amount shall be paidupon approval of the final report.

(f) The demand guarantee shall be released when the totalpayments reach fifty (50) percent of the lump-sum amount.

Note: This sample clause should be specifically drafted for eachcontract.

6.5 The interest rate is: [insert rate].

8.2 Amicable Settlement

Any claim for loss or damage arising out of breach or terminationof Agreement shall be settled between the Procuring Entity andSupplier by negotiation. If this negotiation is not successfullysettled within fifteen (15) days after the date of initiation ornegotiation or within such longer period as the parities maymutually agree, then the parties will jointly agree, within ten (10)days after the date of expiration of the period in which the partiesshould have successfully concluded their negotiations, to appoint aMediator to assist in reaching an amicable resolution of dispute.This procedure shall be private and without prejudice. If theparties fail to agree upon the appointment of a Mediator within theperiod, then, within seven (7) days of expiration of this period, theProcuring Entity shall request appointment of a Mediator by theDispute Resolution Foundation of Jamaica. The Mediator shall nothave the power to impose a settlement on the parties. If thedispute is not resolved between the parties within thirty (3) daysafter the appointment of the Mediator by the Dispute ResolutionFoundation of Jamaica, or after such longer period as the partiesmay mutually agree, the mediator shall advise the parties of thefailure of the Mediation.

For the purposes of this clause, a negotiation is deemed to havebeen initiated as of the date of receipt of notice by one party of arequest from the other party to meet and negotiate the matter indispute.

For the purposes of this clause, a Mediator is deemed to have been


appointed as of the date of notice of such appointment being givento both parties.

Dispute Settlement

In the event of the failure of the mediation between parties, themediator will record those verifiable facts that the parties haveagreed. Subsequently the case will be handled by arbitration. Theparties agree to accept the award of the Arbitrator as binding andirrevocable with in the provisions of the Arbitration Act ofJamaica. The mediator’s role in the dispute resolution processshall cease upon appointment of the Arbitrator. During the disputesettlement process, the Supplier shall continue to perform thework in accordance with this contract. Failure to do so shall beconsidered a breach of contract.

Arbitration

The seat of the arbitration shall be Jamaica and disputes shall besettled in accordance with the Arbitration Act of Jamaica. Rules ofprocedure to be adopted shall be those as published by the UnitedNations Commission on International Trade Law (UNCITRAL)Arbitration Rules of 1976.

Annex II 93

April 2010

IV. Appendices

APPENDIX A – DESCRIPTION OF SERVICES

Note: Give detailed descriptions of the Services to be provided, dates forcompletion of various tasks, place of performance for different tasks, specifictasks to be approved by Procuring Entity, etc.

APPENDIX B - REPORTING REQUIREMENTS

Note: List format, frequency, and contents of reports; persons to receivethem; dates of submission; etc.

APPENDIX C - KEY PERSONNEL AND SUB-CONSULTANTS

Note: List under:

C-1 Titles [and names, if already available], detailed job descriptions andminimum qualifications of Key Foreign Personnel to be assigned to workin the Government’s country, and estimated staff-months for each.

C-2 Same as C-1 for Key Foreign Personnel to be assigned to work outsidethe Government’s country.

C-3 List of approved Sub-Consultants (if already available); sameinformation with respect to their Personnel as in C-1 or C-2.

C-4 Same information as C-1 for Key local Personnel.

APPENDIX D - BREAKDOWN OF CONTRACT PRICE IN FOREIGN CURRENCY

Note: List here the elements of cost used to arrive at the breakdown of thelump-sum price - foreign currency portion:

1. Monthly rates for Personnel (Key Personnel and other Personnel).2. Reimbursable expenses.

This appendix will exclusively be used for determining remuneration foradditional services.

94 Annex II – Lump-Sum Contract IV. Appendices

APPENDIX E - BREAKDOWN OF CONTRACT PRICE IN LOCAL CURRENCY

Note: List here the elements of cost used to arrive at the breakdown of thelump-sum price - local currency portion:

1. Monthly rates for Personnel (Key Personnel and other Personnel).2. Reimbursable expenditures.

This appendix will exclusively be used for determining remuneration foradditional services.

APPENDIX F - SERVICES AND FACILITIES PROVIDED BY THE PROCURING ENTITY

Note: List here the services and facilities to made available to the Consultantby the Procuring Entity.

APPENDIX G - FORM OF ADVANCE PAYMENTS GUARANTEE

Note: See Clause GC 6.4 and Clause SC 6.4.

IV. Appendices Annex II – Lump-Sum Contract 95


Bank Guarantee for Advance Payment

_____________________________ [Bank’s Name, and Address of Issuing Branchor Office]

Beneficiary: _________________ [Name and Address of Procuring Entity]

Date: ________________

ADVANCE PAYMENT GUARANTEE No.: _________________

We have been informed that [name of Consulting Firm] (hereinafter called "theConsultants") has entered into Contract No. [reference number of the contract]dated [insert date] with you, for the provision of [brief description of Services](hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract,an advance payment in the sum of [amount in figures] ([amount in words]) is tobe made against an advance payment guarantee.

At the request of the Consultants, we [name of Bank] hereby irrevocablyundertake to pay you any sum or sums not exceeding in total an amount of[amount in figures] ([amount in words])1 upon receipt by us of your firstdemand in writing accompanied by a written statement stating that theConsultants are in breach of their obligation under the Contract because theConsultants have used the advance payment for purposes other than towardproviding the Services under the Contract.

It is a condition for any claim and payment under this guarantee to be madethat the advance payment referred to above must have been received by theConsultants on their account number ___________ at [name and address ofBank].

The maximum amount of this guarantee shall be progressively reduced by theamount of the advance payment repaid by the Consultants as indicated incopies of certified monthly statements which shall be presented to us. Thisguarantee shall expire, at the latest, upon our receipt of the monthly paymentcertificate indicating that the Consultants have made full repayment of theamount of the advance payment, or on the __ day of ___________, 2___,2

1 The Guarantor shall insert an amount representing the amount of the advance payment and denominatedeither in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertiblecurrency acceptable to the Procuring Entity.

2 Insert the expected expiration date. In the event of an extension of the time for completion of theContract, the Procuring Entity would need to request an extension of this guarantee from the Guarantor.Such request must be in writing and must be made prior to the expiration date established in theguarantee. In preparing this guarantee, the Procuring Entity might consider adding the following text tothe form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of thisguarantee for a period not to exceed [six months][one year], in response to the Procuring Entity’s written

96 Annex II – Lump-Sum Contract IV. Appendices

whichever is earlier. Consequently, any demand for payment under thisguarantee must be received by us at this office on or before that date.

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

_____________________[signature(s)]

Note: All italicized text is for indicative purposes only to assist in preparingthis form and shall be deleted from the final product.

request for such extension, such request to be presented to the Guarantor before the expiry of theguarantee.”

97

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ANNEX III. SmallAssignments – Time-

Based Payments

99

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SAMPLE CONTRACT FOR CONSULTING SERVICES

Small AssignmentsTime-Based Payments

101

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SAMPLE CONTRACT FOR CONSULTING SERVICESSMALL ASSIGNMENTS

TIME-BASED PAYMENTS

CONTRACT

THIS CONTRACT (“Contract”) is entered into this [insert starting date of assignment],by and between [insert Procuring Entity’s name] (“the Procuring Entity”) having itsprincipal place of business at [insert Procuring Entity’s address], and [insertConsultant’s name] (“the Consultant”) having its principal office located at [insertConsultant’s address].

WHEREAS, the Procuring Entity wishes to have the Consultant performing theservices hereinafter referred to, and

WHEREAS, the Consultant is willing to perform these services,

NOW THEREFORE THE PARTIES hereby agree as follows:

1. Services (i) The Consultant shall perform the services specified inAnnex A, “Terms of Reference and Scope of Services,”which is made an integral part of this Contract (“theServices”).

(ii) The Consultant shall provide the reports listed in AnnexB, “Consultant's Reporting Obligations,” within the timeperiods listed in such Annex, and the personnel listed inAnnex C, “Cost Estimate of Services, List of Personneland Schedule of Rates” to perform the Services.

2. Term The Consultant shall perform the Services during the periodcommencing [insert start date] and continuing through [insertcompletion date] or any other period as may be subsequentlyagreed by the parties in writing.

3. Payment A. Ceiling

For Services rendered pursuant to Annex A, the ProcuringEntity shall pay the Consultant an amount not to exceeda ceiling of [insert ceiling amount]. This amount hasbeen established based on the understanding that itincludes all of the Consultant’s costs and profits as wellas any tax obligation that may be imposed on theConsultant. The payments made under the Contractconsist of the Consultant's remuneration as defined insub-paragraph B below and of the reimbursableexpenditures as defined in sub-paragraph C below.

102 Annex III. Small Assignments - Timed-Based Payments

B. Remuneration

The Procuring Entity shall pay the Consultant forServices rendered at the rate(s) per man/month spent1

(or per day spent or per hour spent, subject to amaximum of eight hours per day) in accordance with therates agreed and specified in Annex C, “Cost Estimate ofServices, List of Personnel and Schedule of Rates.”

C. Reimbursables

The Procuring Entity shall pay the Consultant forreimbursable expenses, which shall consist of and belimited to:

(i) normal and customary expenditures for officialtravel, accommodation, printing, and telephonecharges; official travel will be reimbursed at thecost of less than first class travel and will need tobe authorized by the Procuring Entity’scoordinator;

(ii) such other expenses as approved in advance by theProcuring Entity’s coordinator.2

D. Payment Conditions

Payment shall be made in [specify currency] not laterthan 30 days following submission of invoices induplicate to the Coordinator designated in paragraph 4.

4. ProjectAdministration

A. Coordinator

The Procuring Entity designates Mr./Ms. [insert name] asProcuring Entity’s Coordinator; the Coordinator shall beresponsible for the coordination of activities under theContract, for receiving and approving invoices forpayment, and for acceptance of the deliverables by theProcuring Entity.

B. Timesheets

During the course of their work under this Contract,including field work, the Consultant’s employeesproviding services under this Contract may be required tocomplete timesheets or any other document used toidentify time spent, as well as expenses incurred, asinstructed by the Project Coordinator.

1 Select the applicable rate and delete the others.2 Specific expenses can be added as an item (iii) in paragraph 3.C.

Small Assignments - Timed-Based Payments Annex III 103


C. Records and Accounts

The Consultant shall keep accurate and systematicrecords and accounts in respect of the Services, whichwill clearly identify all charges and expenses. TheProcuring Entity reserves the right to audit, or tonominate a reputable accounting firm to audit, theConsultant’s records relating to amounts claimed underthis Contract during its term and any extension, and for aperiod of three months thereafter.

5. Perform-anceStandard

The Consultant undertakes to perform the Services with thehighest standards of professional and ethical competence andintegrity. The Consultant shall promptly replace any employeesassigned under this Contract that the Procuring Entity considersunsatisfactory.

6. Confidenti-ality

The Consultants shall not, during the term of this Contract andwithin two years after its expiration, disclose any proprietary orconfidential information relating to the Services, this Contractor the Procuring Entity’s business or operations without theprior written consent of the Procuring Entity.

7. Ownershipof Material

Any studies, reports or other material, graphic, software orotherwise, prepared by the Consultant for the Procuring Entityunder the Contract shall belong to and remain the property ofthe Procuring Entity. The Consultant may retain a copy of suchdocuments and software.3

8. ConsultantNot to beEngaged inCertainActivities

The Consultant agrees that, during the term of this Contractand after its termination, the Consultants and any entityaffiliated with the Consultant, shall be disqualified fromproviding goods, works or services (other than the Services orany continuation thereof) for any project resulting from orclosely related to the Services.

9. Insurance The Consultant will be responsible for taking out anyappropriate insurance coverage.

10.Assignment The Consultant shall not assign this Contract or Subcontract anyportion of it without the Procuring Entity's prior writtenconsent.

11.LawGoverningContractandLanguage

The Contract shall be governed by the laws of Jamaica and thelanguage of the Contract shall be English.

3 Restrictions about the future use of these documents and software, if any, shall be specified at the endof Article 7.


12. DisputeResolution5

Any dispute arising out of this Contract, which cannot beamicably settled between the parties, shall be referred toadjudication/arbitration in accordance with the laws of theProcuring Entity’s country.

13. FraudandCorruption

Government of Jamaica requires that Bidders, Suppliers,Contractors, and Consultants, observe the highest standard ofethics during the procurement and execution of such contracts. Inpursuit of this policy, GOJ:

(e) defines, for the purposes of this provision, the termsset forth below as follows:

“corrupt practice” means the offering, giving,receiving, or soliciting, directly or indirectly, ofanything of value to influence the action of a publicofficial in the procurement process or in contractexecution;

“fraudulent practice” means a misrepresentation oromission of facts in order to influence a procurementprocess or the execution of a contract, to thedetriment of Government of Jamaica and includescollusive practice among bidders (prior to or after bidsubmission) designed to establish bid prices atartificial non-competitive levels and to depriveGovernment of the benefits of free and opencompetition;

“collusive practice” means a scheme or arrangementbetween two or more bidders, with or without theknowledge of the Procuring Entity, designed toestablish bid prices at artificial non-competitivelevels or to influence the action of any party in theprocurement process or the execution of a contract;and

“coercive practice” means harming or threatening toharm, directly or indirectly, persons or their propertyto influence their participation in the procurementprocess or affect the execution of a contract;

(f) will reject a proposal for award if it determines thatthe Bidder recommended for award has, directly orthrough an agent, engaged in corrupt, fraudulent,collusive or coercive practices in competing for the

5 In the case of a Contract entered into with a foreign Consultant, the following provision may besubstituted for paragraph 12: “Any dispute, controversy or claim arising out of or relating to thisContract or the breach, termination or invalidity thereof, shall be settled by arbitration in accordancewith the UNCITRAL Arbitration Rules as at present in force”



Contract in question;

(g) will sanction a firm or individual, including declaringthem ineligible, either indefinitely or for a statedperiod of time, to be awarded a GOJ-financedcontract if it at any time determines that they have,directly or through an agent, engaged, in corrupt,fraudulent, collusive or coercive practices incompeting for, or in executing, a GOJ-financedcontract; and

(h) will have the right to require that a provision beincluded in Bidding Documents and in contractsfinanced by a GOJ, requiring bidders, suppliers,contractors and consultants to permit GOJ to inspecttheir accounts and records and other documentsrelating to the Bid submission and contractperformance and to have them audited by auditorsappointed by the GOJ.

3.1 Furthermore, Bidders shall be aware of the provisionstated in Sub-Clause 34.1 (a) (iii) of the GeneralConditions of Contract.

FOR THE PROCURING ENTITY FOR THE CONSULTANT

Signed by ____________________ Signed by ____________________

Title: ________________________ Title: ________________________


LIST OF ANNEXES

Annex A: Terms of Reference and Scope of Services

Annex B: Consultant’s Reporting Obligations

Annex C: Cost Estimate of Services, List of Personnel and Schedule of Rates



ANNEX C

Cost Estimate of Services, List of Personnel and Schedule of Rates

(1) Remuneration of Staff

NameRate

(per month/day/hour in currency)

Time spent(number of

month/day/hour)

Total(currency)

(a) TeamLeader(b)(c)

Sub-Total (1)

(2) Reimbursables6

Rate Days Total

(a) International Travel(b) Local Transportation(c) Per Diem

Sub-total (2)

TOTAL COST ___________________________

Physical Contingency7 _____________________

CONTRACT CEILING ____________________

6 To include expenses for international travel, local transportation, per diem, communications, reporting costs, visas,inoculations, routine medical examinations, porterage fees, in-and-out expenses, airport taxes, and other suchtravel related expenses as may be necessary; reimbursable at cost with supporting documents/receipts; except forper diem (which is fixed and includes housing and ______ expenses).

7 From 0 to 15 percent of total cost; use of contingency requires prior approval of the Procuring Entity.

Annex IV – Small Assignments – Lump-Sum Payments 109

April 2010

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