German Financial Cooperation with India परियोजना: ऊर्जा दक्षता कार्यक्रम - II, भारत – सहवर्ती उपाय Project: Energy Efficiency Programme-II, India – Accompanying Measure Request for Proposals for Consulting Services for Hiring of an agency for...
भारत के साथ जर्मनी का वित्तीय सहयोग
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ with India
परियोजना: ऊर्जा दक्षता कार्यक्रम - II, भारत – सहवर्ती उपाय
Project: Energy Efficiency Programme-II, India – Accompanying Measure
प्रस्तावों के लिए अनुरोध -
सिडबी के ऊर्जा दक्षता कार्यक्रम के अंतर्गत पर्यावरण और सामाजिक रक्षोपाय (ईएंडएसएस) पहलुओं के मूल्यांकन सहित ऊर्जा बचत के मापन और सत्यापन (एमएंडवी) हेतु एजेंसी के नियोजन(हायरिंग) के लिए परामर्शी सेवाओं हेतु
Request for Proposals
for
Consulting Services for Hiring of an agency for Measurement & Verification (M&V) of energy savings including assessment of Environment & Social Safeguard (E&SS) aspects under Energy Efficiency Program of SIDBI
नियोक्ता: भारतीय लघु उद्योग विकास बैंक, हरित जलवायु वित्त उदभाग,
12वीं मंजिल, ▇▇▇▇▇▇▇▇ ▇▇▇▇, 1, टॉलस्टॉय मार्ग, नई दिल्ली – 110001
Employer: Small Industries Development Bank of India, Green Climate Finance Vertical, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇ – ▇▇▇▇▇▇
जनवरी 2025
January 2025
BMZ- संख्या: 201970367
BMZ-no.:201970367
प्रोक्योरमेंट/RFP संदर्भ संख्या: 512067
Procurement/RFP reference no.: 512067
निमंत्रण पत्र
परियोजना आईडी: BMZ संख्या : 201970367
हरित जलवायु वित्त वर्टिकल, सिडबी, नई दिल्ली दिनांक: 03/01/2025
1 भारतीय लघु उद्योग विकास बैंक (सिडबी) हरित जलवायु वित्त वर्टिकल (जीसीएफवी) के माध्यम से जिसे "नियोक्ता" कहा जाता है, परियोजना ऊर्जा दक्षता कार्यक्रम II, भारत– सहवर्ती उपाय(एकम्पनिंग मैजर) के लिए कार्यान्वयन एजेंसी के रूप में कार्य कर रहा है और एक परामर्शदाता को नियुक्त(एन्गेज) करने का इच्छुक है, जिसके लिए प्रस्ताव के लिए यह अनुरोध जारी किया गया है। परियोजना के लिए वित्तपोषण केएफडब्ल्यू प्रदान करता है; किसी भी प्रकार के भुगतान अंतर्निहित वित्तपोषण व्यवस्था के अधीन है और नियोक्ता के अलावा कोई भी पक्ष इससे कोई अधिकार प्राप्त नहीं करेगा या इसकी आय का कोई दावा नहीं करेगा।
नियोक्ता अब निम्नलिखित परामर्शी सेवाएं प्रदान करने के लिए प्रस्ताव आमंत्रित करता है (इसके पश्चात "सेवाएं" कहा जाएगा): सिडबी के ऊर्जा दक्षता कार्यक्रम के अंतर्गत पर्यावरण और सामाजिक रक्षोपाय (ई एंड ▇▇▇▇) पहलुओं के मूल्यांकन सहित ऊर्जा बचत के मापन और सत्यापन (एम एंड वी) के लिए एजेंसी का नियोजन(हायरिंग)। सेवाओं के बारे में अधिक विवरण संदर्भ की शर्तों (खंड VII) में प्रदान किए गए हैं।
भागीदार देशों के साथ वित्तीय सहयोग के अंतर्गत परामर्शी सेवाओं, कार्यों, वस्तुओं, संयंत्र और गैर-परामर्शी सेवाओं की अधिप्राप्ति(प्रोक्योरमेंट) के लिए फर्म का चयन केएफडब्ल्यू दिशानिर्देशों में वर्णित प्रक्रियाओं के अनुसार किया जाएगा, जिन्हें वेबसाइट ▇▇▇.▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ पर देखा जा सकता है।
आरएफपी के अंतर्गत निम्नलिखित भाग शामिल हैं:
भाग I – परामर्शदाताओं को निर्देश (आईटीसी)
भाग II – डाटा शीट
भाग III - तकनीकी प्रस्ताव - मानक प्रपत्र
भाग IV - वित्तीय प्रस्ताव - मानक प्रपत्र
भाग V – पात्रता मानदंड
भाग VI – केएफडब्ल्यू नीति – स्वीकृति-योग्य प्रक्रिया - सामाजिक और पर्यावरणीय दायित्व
भाग VII – संदर्भ-शर्तें
भाग VIII – संविदा और संविदा प्रपत्र की शर्तें
प्रस्ताव प्रस्तुत करने की तारीख, समय और पते का विवरण आईटीसी 15.7 और नीचे महत्वपूर्ण जानकारी में दिया गया है।
भवदीय,
महाप्रबंधक,
हरित जलवायु वित्त वर्टिकल(जीसीएफवी),
भारतीय लघु उद्योग विकास बैंक,
12वीं मंजिल, ▇▇▇▇▇▇▇▇ ▇▇▇▇, 1, टॉल्स्टॉय मार्ग, नई दिल्ली – 110001
फोन-011-23448393; ईमेल: ▇▇▇▇@▇▇▇▇▇.▇▇;
LETTER OF INVITATION
Project ID: BMZ-no.:201970367
Green Climate Finance Vertical, SIDBI, New Delhi Date: 03/01/2025
The Small Industries Development Bank of India (SIDBI) through Green Climate Finance Vertical (GCFV) referred to as the “Employer” is acting as implementing agency for the project Energy Efficiency Programme II, India – Accompanying Measure and intends to engage a consultant for which this Request for Proposal is issued. KfW provides financing for the project; any payments are subject to the underlying financing arrangements and no party other than the Employer shall derive any rights from or have any claims to the proceeds of it.
The Employer now invites Proposals to provide the following consulting services (hereinafter called “Services”): Hiring of an agency for Measurement & Verification (M&V) of energy savings including assessment of Environment & Social Safeguard (E&SS) aspects under Energy Efficiency Program of SIDBI. More details on the Services are provided in the Terms of Reference (Section VII).
A firm will be selected in accordance with the procedures described in the KfW Guidelines for the Procurement of Consulting Services, Works, Goods, Plant and Non-Consulting Services in Financial Cooperation with Partner Countries, which can be found on the website
▇▇▇.▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.
The RFP includes the following Sections:
Section I – Instructions to Consultants (ITC)
Section II – Data Sheet
Section III – Technical Proposal - Standard Forms
Section IV – Financial Proposal - Standard Forms
Section V – Eligibility Criteria
Section VI – KfW Policy – Sanctionable Practice – Social and Environmental Responsibility
Section VII – Terms of Reference
Section VIII – Conditions of Contract and Contract Form
Details on the Proposal’s submission date, time and address are provided in ITC 15.7 and Critical Information below.
Yours sincerely,
The General Manager,
Green Climate Finance Vertical (GCFV),
Small Industries Development Bank of India,
▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇ – ▇▇▇▇▇▇
Phone-011-23448393; Email: ▇▇▇▇@▇▇▇▇▇.▇▇;
संविदा का शीर्षक: सिडबी के ऊर्जा दक्षता कार्यक्रम के अंतर्गत पर्यावरण और सामाजिक रक्षोपाय (ई एंड ▇▇▇▇) पहलुओं के मूल्यांकन सहित ऊर्जा बचत के मापन और सत्यापन (एम एंड वी) के लिए एजेंसी का नियोजन(हायरिंग)
Contract title: Hiring of an agency for Measurement & Verification (M&V) of energy savings including assessment of Environment & Social Safeguard (E&SS) aspects under Energy Efficiency Program of SIDBI
BMZ संख्या : 201970367
प्रोक्योरमेंट/आरएफपी संदर्भ संख्या : 512067
BMZ-no.:201970367
Procurement/RFP reference no.: 512067 दिनांक : Date: 03-01-2025
महत्वपूर्ण जानकारी
Critical Information
क्रमांक S. No. |
विवरण / Particular |
विस्तृत जानकारी / Details |
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उद्देश्य / Purpose |
सिडबी के ऊर्जा दक्षता कार्यक्रम के अंतर्गत पर्यावरण और सामाजिक रक्षोपाय (ई एंड ▇▇▇▇) पहलुओं के मूल्यांकन सहित ऊर्जा बचत के मापन और सत्यापन (एम एंड वी) के लिए एजेंसी का नियोजन(हायरिंग)
Hiring of an agency for Measurement & Verification (M&V) of energy savings including assessment of Environment & Social Safeguard (E&SS) aspects under Energy Efficiency Program of SIDBI |
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अनुमानित लागत / Estimated Cost |
रु.1,50,00,000/- (रुपये एक करोड़ पचास लाख मात्र) (सब कुछ शामिल करके)
INR 1,50,00,000/- (Rupees One Crore Fifty Lakh Only) (all inclusive) |
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अधिप्राप्ति प्रक्रिया / Procurement Process |
सिंगल स्टेज टू पैकेट सिस्टम के अंतर्गत प्रस्ताव के लिए अनुरोध Request for Proposal under Single Stage Two packet system |
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अनुबंध की अवधि / Duration of Contract |
24 महीने / 24 months |
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बोली पूर्व बैठक / Pre Bid meeting |
आईटीसी के खंड 1.3 और डेटा शीट के संबंधित खंड देखें Refer Clause 1.3 of ITC and corresponding clauses of Data Sheet |
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बोलियां जमा करने की अंतिम तिथि / Last date for submission of bids |
आईटीसी के खंड 15 और डेटा शीट के संबंधित खंड देखें Refer Clause 15 of ITC and corresponding clauses of Data Sheet |
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बोली प्रस्तुत करने के लिए पता/ Address for Bid Submission |
बोली परामर्शदाताओं को निर्देश के खंड 15.1 और डेटा शीट के संबंधित खंडों के अनुरूप बोली जमा करने की समय सीमा के भीतर नीचे दिए गए पते पर प्रस्तुत की जाएगी: The bid shall be submitted in line with Clause 15.1 of Instruction to Consultants and corresponding clauses of Data sheet within the bid submission deadline at the below address:
महाप्रबंधक, हरित जलवायु वित्त वर्टिकल(जीसीएफवी), भारतीय लघु उद्योग विकास बैंक, 12वीं मंजिल,▇▇▇▇▇▇▇▇ ▇▇▇▇,1, टॉल्स्टॉय मार्ग,नई दिल्ली – 110001 फोन-011-23448393; ईमेल: ▇▇▇▇@▇▇▇▇▇.▇▇;
The General Manager, Green Climate Finance Vertical (GCFV), Small Industries Development Bank of India, 12th floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇ – ▇▇▇▇▇▇ Phone-011-23448393; Email: ▇▇▇▇@▇▇▇▇▇.▇▇ |
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तकनीकी बोली खुलने की तिथि और समय / Date & Time of Opening of Technical bid |
आईटीसी के खंड 17 और डाटा शीट के संबंधित खंड देखें Refer Clause 17 of ITC and corresponding clauses of Data Sheet |
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बोली वैधता / Bid Validity |
बोली जमा करने की अंतिम तिथि से 120 दिन। 120 days from the last date of bid submission. |
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सिडबी अधकारियों के सम्पर्क विवरण Contact details of SIDBI officials |
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▇▇▇▇▇▇ द्वारा नियुक्त स्वतंत्र बाहरी मॉनिटर (आईईएम) / Independent External Monitor (IEM) appointed by the CVC |
अपार्टमेंट ▇▇-06 बी / Apartment T-06 B, विंडसर कोर्ट, डीएलएफ चरण IV, गुड़गांव – 122009 / Windsor Court, DLF Phase IV, Gurgaon – 122009 मोबाइल / Mobile: ▇▇▇▇▇▇▇▇▇▇ ईमेल / Email: ▇▇▇▇▇▇▇▇▇▇▇▇_▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇
▇▇ ▇/ ▇▇ ▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇/ ▇-▇/▇▇-▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇ - ▇▇▇▇▇▇/ ▇▇▇ ▇▇▇▇▇ - ▇▇▇▇▇▇ मोबाइल / Mobile: ▇▇▇▇▇▇▇▇▇▇ ईमेल / Email: ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ |
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उक्त निविदा के प्रबंधन के लिए पोर्टल/वेबसाइट / Portals/websites for managing the captioned tender |
▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇/▇▇/▇▇▇▇▇▇▇ |
नोट:/ Note:
सिडबी बिना कोई कारण बताए तारीखों को बदलने का अधिकार सुरक्षित रखता है। इसकी सूचना सिडबी की वेबसाइट पर अधिसूचित की जाएगी.
SIDBI reserves the right to change dates without assigning any reasons thereof. Intimation of the same shall be notified on the SIDBI's website.
PART 1 – Tendering Procedures
Section I. Instructions to Consultants
[This Section 1 - Instructions to Consultants (ITC) shall not be modified. Any changes needed to address specific country and project conditions, to supplement, but not over-write, the provisions of the ITC, shall be introduced through the Data Sheet only.]
Table of Clauses
PART 1 – Tendering Procedures 7
Section I. Instructions to Consultants 8
Section I. Instructions to Consultants 24
1. Scope of Proposals and Definitions 24
2. Source of Funds, Responsibilities 25
4. Eligible Consultants and Eligible Materials, Equipment, and Services 26
6. Unfair Competitive Advantage 27
B. Preparation of Proposals 27
8. Cost of Preparation of Proposal 28
9. Documents Comprising the Proposal 28
11. Clarification and Amendment of RFP 29
12. Preparation of Proposals – Specific Considerations 29
13. Technical Proposal Format and Content 29
C. Submission, Opening and Evaluation 30
15. Submission, Sealing, and Marking of Proposals 30
18. General aspects of Evaluation 31
20. Evaluation steps and sequence 33
21. Evaluation of Financial Proposals 35
22. Employer’s Right to Reject All Proposals 35
24. Conclusion of Negotiations 36
25. Award of Contract, Information of Consultants 36
Section II. Data Sheet – QCBS 38
Section III. Technical Proposal – Standard Forms 45
Section IV. Financial Proposal - Standard Forms 57
Section V. Eligibility Criteria 60
Section VI. KfW Policy – Sanctionable Practice – Social and Environmental Responsibility 62
PART 2 – Terms of Reference 64
Section VII. Terms of Reference 64
2. Objective of the Assignment 64
3. Scope of Services and Expected Deliverables 64
4. Duration of the Assignment 66
5. Team Composition & Qualification Requirements for the Key Experts 66
6. Deliverables & Payment Schedule: 67
Section VIII. Contract for Consulting Services 68
Unless a contrary indication appears, in this Consulting Contract: 3
1.2.1 Section, clause, annex and schedule headings are for ease of reference only. 3
1.2.2 The singular includes the plural and vice versa. 3
1.4 Communication AND LANGUAGE 4
This Consulting Contract is governed by the laws specified in the Special Conditions. 4
1.6 Entry into Force and Effect 4
1.7 MEASUREMENTS AND STANDARDS 4
1.8 ASSIGNMENT AND SUB-CONTRACTING 4
1.9 Copyright and rights of use 5
1.10 Ownership of Documents and Equipment 5
1.11 CONFIDENTIALITY AND PUBLICATION 5
(c) the disclosure of which is: 6
ii. required pursuant to any applicable law or regulation; or 6
iii. made with the prior written consent of the Party providing the information. 6
1.13.1 The Consultant shall, and shall ensure that its representatives, agents and employees will: 6
1.14 Ssocial and EnvironmeNtal respoNsibility 9
1.16 SEVERABILITY AND WRITTEN FORM 9
2.2 Decisions and Cooperation 11
(d) securing return transport in cases of emergency; 12
2.5 SERVICES AND FURNISHINGS 12
2.6 CONTACT PERSONS OF THE EMPLOYER 12
3.1.1 The Consultant shall deliver the Services in full and on time. 13
3.2 REPORTING AND INFORMATION 13
3.4 CONTACT PERSON OF THE CONSULTANT 14
4 Commencement, Completion, Amendment and Termination of the Services 14
4.1 COMMENCEMENT AND COMPLETION 14
4.2 penalities for DELAY AND DISSATISFACTORY SERVICES 15
4.4 suspension or termination 16
4.5 BrEach of Paragraph 1.13 18
4.6 RIGHTS AND OBLIGATIONS OF THE PARTIES IN CASE OF TERMINATION 18
6.1 General Liability of the Consultant 22
6.2 Liability for Sub-Contractors 22
6.4 liability for consequential damage 22
Liability for consequential damages is excluded. 22
6.5 liability of the empLoyer 22
7 Insurance against Liability and Damages / Guarantees 23
7.1 insurance against liability and damages 23
(a) professional liability insurance; 23
(b) personal liability insurance; 23
7.1.3 The Employer shall take out the insurances to the extent agreed in the Special Conditions. 23
8 Disputes and Arbitration Procedure 23
Section I. Instructions to Consultants
A. General Provisions
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The following three selection methods can be distinguished in this one- stage RfP:
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The following clause applies only if KfW is not the Employer:
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B. Preparation of Proposals |
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Substantially non-responsive Proposals shall be rejected by the Employer. |
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Extension of Validity Period |
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Substitution of Key Experts at Validity Extension |
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Taxes |
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Currency of Proposal |
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Currency of Payment and Payment Conditions |
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Contributions by the Employer |
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C. Submission, Opening and Evaluation |
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Quality and Cost-based Selection - QCBS |
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The selection method applicable for this tender is determined in the Data Sheet
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A Proposal shall be rejected at this stage if it is determined to be non-responsive in accordance with ITC 7.2 or if it fails to achieve the minimum technical score of 75 % of the maximum score in accordance with ITC 20.2 b)/20.3 b).
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Quality and Cost-based Selection - QCBS
Fixed Budget-based Selection – FBS
Least Cost-based Selection - LCS
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Bidders which fail to include a signed Declaration of Undertaking in their proposals will be excluded from further evaluation. In case of QCBS their financial proposals will be returned unopened once the tender has been concluded. The proposals of all other bidders will be evaluated as per the criteria and/or scoring system determined in the Data Sheet.
The Proposal Score shall be calculated as per the formula presented in 20.5. The Consultant with the highest Proposal Score shall be declared the winner and invited for negotiations.
The Consultant with the highest Technical Score shall be declared the winner and invited for negotiations.
If the lowest corrected price bid is determined technically unresponsive it will be excluded from further evaluation and the evaluation process will resume with the second lowest corrected price bid.
The Consultant with the lowest corrected and technically responsive financial bid shall be declared the winner and invited for negotiations.
The weights given to the Technical (T) and Financial (F) Proposals are as indicated in the Data Sheet.
The weighted technical score is calculated as follows: PT = WT * T, with PT = weighted technical score (points) of a technical Proposal, T = technical score (points) as per technical evaluation, WT = weight of the technical Proposal (in percent) The weighted financial score is calculated as follows PF = WF * Co/C, with PF = financial score (points) of a financial Proposal, C = evaluated price of the financial Proposal, Co = lowest evaluated price of all financial Proposals. and the overall score is calculated as: P = PF + PT.”] |
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Time Based contracts |
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Lump Sum contracts |
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D. Negotiations and Award |
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Availability of Key Experts |
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Technical Negotiations |
Such negotiations shall be limited to items identified in the evaluation report and shall not be subject to material changes. |
Financial Negotiations |
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The following clause applies only if KfW is not the Employer:
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Section II. Data Sheet – QCBS
A. General |
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ITC Clause |
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1.1 |
The Employer is Small Industries Development Bank of India (SIDBI). “The selection procedure is conducted by The General Manager, Green Climate Finance Vertical (GCFV), Small Industries Development Bank of India, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇ – ▇▇▇▇▇▇ Phone-011-23448393 Email: ▇▇▇▇@▇▇▇▇▇.▇▇; |
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1.1 a) |
The selection method is single stage two-envelope submission, Quality and Cost-Based Selecetion (QCBS). The weights given to the Technical (T) and Financial (P) Proposals are: T = 80% P = 20%
Proposals are ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal; P = the weight given to the Financial Proposal; T + P = 1) as following: S = St x T% + Sf x P%.
The minimum technical score (St) required to pass is: 70 out of 100
The lowest evaluated Financial Proposal (Fm) is given the maximum financial score (Sf) of 100.
The formula for determining the financial scores (Sf) of all other Proposals is calculated as following:
Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest price, and “F” the price of the proposal under consideration. |
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1.2 (b) |
The country of the Employer is INDIA |
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1.3 |
The name of the assignment is Hiring of an agency for Measurement & Verification (M&V) of energy savings including assessment of Environment & Social Safeguard (E&SS) aspects under Energy Efficiency Program of SIDBI through KfW line of credit. |
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1.3.1 |
A pre-proposal conference will be held online through Video Conferencing (VC through Microsoft Teams meeting). Date: 10-01-2025 (Friday) & Time: 1500 hrs (IST) Venue/Mode: Online through VC Note:
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1.4 |
Not Applicable |
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1.5 |
The name of the assignment is Hiring of an agency for Measurement & Verification (M&V) of energy savings including assessment of Environment & Social Safeguard (E&SS) aspects under Energy Efficiency Program of SIDBI through KfW line of credit. |
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B. Preparation of Proposals |
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10.1 |
The proposal validity period shall be 120 days after the date of opening of the bids. During this period, the Consultant shall maintain its original Proposal without any change, including the availability of the Key Experts, the proposed rates and the total price. |
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11.1 |
The Consultant may request a clarification of any part of the RFP on or before the date of Pre-Proposal conference until the deadline indicated in the Data Sheet Clause 1.3.1. Any request for clarification must be sent in writing, or by standard electronic means, to the Employer’s address indicated in the Data Sheet Clause 1.3.1. The deadline for seeking clarifications by Consultants is the date of pre-proposal conferece as per Data Sheet Clause 1.3.1. Any request for clarification must be sent in writing via email and shall be addressed to: The General Manager, Green Climate Finance Vertical (GCFV), Small Industries Development Bank of India, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇ – ▇▇▇▇▇▇ Email: ▇▇▇▇@▇▇▇▇▇.▇▇; |
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12.1. QCBS |
The estimated total cost of the assignment is INR 1,50,00,000/-(all inclusive). The above estimation is indicative only, the Consultant is required to calculate its proposal based on its own professional judgement and experience.
The net price (iunclusive of taxes, etc.) quoted by the consultant shall be considered for Financial Evaluation. |
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12.2 |
An eligibility and qualification assessment is carried out based on the criteria mentioned in table ITC 20.2 and corresponding clauses of the Data Sheet. |
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12. 3 |
Not applicable |
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14.1 |
The contract period shall be twenty four (24) months. The Financial Proposal shall be calculated under the assumption that services will be remunerated on a lump sum basis. The Consultant shall present its Financial Proposal according to Form FIN-1 Financial Proposal – Cost Breakdown. |
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14.3 |
The Consultant shall express its Financial proposal in INR only. |
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14.4 |
Payments under the Contract shall be made in INR only. |
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14.5 |
The bidder may refer to the Terms of Reference (ToR), however, payment conditions as per the model contract (Section VIII) shall apply. |
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14.6 |
Not applicable |
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C. Submission, Opening and Evaluation |
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15.1 |
Bidders shall submit the bids to the client on or before the bid submission deadline mentioned at Clause 15.6 of Data sheet as per the following: Original Proposals (both Technical and Financial in separate sealed envelopes) in physical form/Hard copy, properly bounded, indexed, without any loose sheets(s) and sequentially numbered irrespective of the nature of the content of the page in the format and all pages should be signed by the authorized signatory of the bidder and officially stamped along with a USB drive (pendrive) containing unalterable and printable copies of the Technical in PDF file format. Updates/information in respect of this tender regarding pre-bid responses/clarifications, corrigendum, amendments shall be published on the SIDBI corporate website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇ under ‘Tenders’ section/page. |
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15.4 |
The Consultant shall submit the Proposal as follows:
The proposal shall be submitted as expalined in detail in Clause 15.1 above. |
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15.5 QCBS |
Refer clause 15.1 above. |
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15.6 |
The deadline for the submission of Proposals shall be: Date: 03-02-2025 (Monday) Time: 1500 Hrs (IST)
The Proposal shall be submitted at the following address: The General Manager, Green Climate Finance Vertical (GCFV), Small Industries Development Bank of India, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇ – ▇▇▇▇▇▇ Phone-011-23448393; Email: ▇▇▇▇@▇▇▇▇▇.▇▇ The above e-mail address and/or telephone or fax numbers are provided for mail/ courier purposes only. Any delivery delay/failure, postal delay or non delivery/non receipt of proposals shall not be the client ‘s (SIDBI) liability and the consultant shall be fully responsible for the same. |
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17.1 |
The opening of the Proposals will take place at the date and time indicated below. Date: 03-02-2025 (Monday) Time: 1530 Hrs (IST) [In the event of the specified date of proposal opening being declared a holiday for the Client, the proposals will be opened at the appointed time and location on the next working day] |
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17.2 |
The evaluation of the bids received shall be carried out by the Employer’s committee consituted by the competent authority |
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18.4 |
Not applicable |
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18.5 |
Not applicable. |
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20.2 a) |
Qualification Criteria
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20.2 b)
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Techncial Evaluation Criteria The technical evaluation shall be carried out based on the following criteria and point system.
The minimum technical score (St) required to pass is: 70 out of 100
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20.5 |
The weights given to the Technical (T) and Financial (F) Proposals are as WT = 80 % and WF = 20 % |
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D. Negotiations and Award |
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25.3 |
The expected commencement date of the assignment is the 15 day from the date of issuance of the Notification of Award (NoA). |
Section III. Technical Proposal – Standard Forms
FORM |
DESCRIPTION |
Page Limit
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QUAL-1 |
Financial Capability
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QUAL-2 |
Project Experience
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TECH-1 |
Declaration of Undertaking
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TECH-2 |
Description of the Approach, Methodology, and Work Plan for Performing the Assignment
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TECH-3 |
Work Schedule (Tasks and Activities Bar Chart)
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TECH-4 |
Personnel Schedule (Bar Chart) and attached Curriculum Vitae (CV)
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Form QUAL-1
Financial Capacity Statement
Financial data |
FY2021-22 INR |
FY2022-23 INR |
FY2023-24 |
Average1 |
Annual turnover2 |
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Note: The bidder is required to submit this form duly certified by CA along with financial statements/balance sheets duly audited by registered Chartered Accountants or Income Tax Department acknowledged ITR.
Agency’s Name & Signature of authorized signatory (Seal)
Date:
Form QUAL-2
Project Experience
Ref no: |
Project title |
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Name of legal entity (declaring Consultant) |
Overall project value (INR)* |
Proportion carried out by the legal entity (%)* |
Provided staff input (person months) |
Name of client |
Start Date |
End Date |
Name of JV members, if any |
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Detailed description of project (background, objectives and main activities) |
Services provided by the legal entity for the project |
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* If the overall project value refers to overall project cost inclusive of Consulting Services please indicate the consulting fee separately. The portion carried out by the legal entity refers to that figure.
Form TECH-1
Declaration of Undertaking
Reference name of the Application/Offer/Contract: ("Contract")3
To: ("Project Executing Agency")
We recognise and accept that KfW only finances projects of the Project Executing Agency (“PEA”)4 subject to its own conditions which are set out in the Funding Agreement it has entered into with the PEA. As a matter of consequence, no legal relationship exists between KfW and our company, our Joint Venture or our Subcontractors under the Contract. The PEA retains exclusive responsibility for the preparation and implementation of the Tender Process and the performance of the Contract.
We hereby certify that neither we nor any of our board members or legal representatives nor any other member of our Joint Venture including Subcontractors under the Contract are in any of the following situations:
2.1) being bankrupt, wound up or ceasing our activities, having our activities administered by courts, having entered into receivership, reorganisation or being in any analogous situation;
2.2) having been convicted by a final judgment or a final administrative decision or a preliminary investigation/charge is pending against us for involvement in a criminal organisation, money laundering, terrorist-related offences, child labour or trafficking in human beings, or have been subject to (financial) sanctions and/or embargo provisions by the United Nations, the European Union or the Federal Republic of Germany. This exclusion criterion is also applicable to legal persons whose shares (or the majority thereof) are owned or de facto controlled by natural or legal persons against whom such judgments, administrative decisions, (financial) sanctions and/or embargoes have been imposed and – in the case of (financial) sanctions and/or embargoes – these restrictive measures continue to apply;
2.3) having been convicted by a final court decision or a final administrative decision by a court, the European Union, national authorities in the Partner Country or in Germany for Sanctionable Practice in connection with a Tender Process or the performance of a Contract or for an irregularity affecting the EU’s financial interests (in the event of such a conviction, the Applicant or Bidder shall attach to this Declaration of Undertaking supporting information showing that this conviction is not relevant in the context of this Contract and that adequate compliance measures have been taken in reaction);
2.4) having been subject, within the past five years to a contract termination fully settled against us for significant or persistent failure to comply with our contractual obligations during such Contract performance, unless this termination was challenged, and dispute resolution is still pending or has not confirmed a full settlement against us;
2.5) not having fulfilled the applicable fiscal obligations with regard to the payment of taxes at the respective tax residence and in the country of origin of the PEA (contractors based in Annex 1 countries (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇/▇▇/▇▇▇▇▇▇▇▇/▇▇-▇▇▇▇-▇▇-▇▇▇-▇▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇▇/) must submit a fully completed and legally countersigned declaration of tax conformity (Appendix1 to the Declaration of Undertaking) in addition to the Declaration of Undertaking at the time of award of the contract/contract review. This shall become an integral part of the contract. Failure to submit may result in exclusion from the awarding procedure. For contractors based in countries not listed as Annex I countries, only the Declaration of Undertaking must be submitted, and not the declaration of tax conformity),
2.6) being subject to an exclusion decision of the World Bank or any other multilateral development bank and being listed on the website ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇ or respectively on the relevant list of any other multilateral development bank (in the event of such exclusion, the Applicant or Bidder shall attach to this Declaration of Undertaking supporting information showing that this exclusion is not relevant in the context of this Contract and that adequate compliance measures have been taken in reaction); or
2.7) being guilty of misrepresentation in supplying the information required as condition to participation in this Tender Procedure.
We hereby certify that neither we, nor any of the members of our Joint Venture or any of our Subcontractors under the Contract are in any of the following situations of conflict of interest:
3.1) being an affiliate controlled by the PEA or a shareholder controlling the PEA, unless the stemming conflict of interest has been brought to the attention of KfW and resolved to its satisfaction;
3.2) having a business or family relationship with a PEA's staff involved in the Tender Process or the supervision of the resulting Contract, unless the stemming conflict of interest has been brought to the attention of KfW and resolved to its satisfaction;
3.3) being controlled by or controlling another Applicant or Bidder, or being under common control with another Applicant or Bidder, or receiving from or granting subsidies directly or indirectly to another Applicant or Bidder, having the same legal representative as another Applicant or Bidder, maintaining direct or indirect contacts with another Applicant or Bidder which allows us to have or give access to information contained in the respective Applications or Offers, influencing them or influencing decisions of the PEA;
3.4) being engaged in a Consulting Services activity, which, by its nature, may be in conflict with the assignments that we would carry out for the PEA;
3.5) in the case of procurement of Works, Plant or Goods:
having prepared or having been associated with a Person who prepared specifications, drawings, calculations and other documentation to be used in the Tender Process of this Contract;
having been recruited (or being proposed to be recruited) ourselves or any of our affiliates, to carry out works supervision or inspection for this Contract;
If we are a state-owned entity, and compete in a Tender Process, we certify that we have legal and financial autonomy and that we operate under commercial laws and regulations.
We undertake to bring to the attention of the PEA, which will inform ▇▇▇, any change in situation with regard to points 2 to 4 here above.
In the context of the Tender Process and performance of the corresponding Contract:
6.1) neither we nor any of the members of our Joint Venture nor any of our Subcontractors under the Contract have engaged or will engage in any Sanctionable Practice, or violate the Guidelines during the Tender Process and in the case of being awarded a Contract will engage in any Sanctionable Practice during the performance of the Contract;
6.2) neither we nor any of the members of our Joint Venture or any of our Subcontractors under the Contract shall acquire or supply any equipment nor operate in any sectors under an embargo of the United Nations, the European Union or Germany; and
6.3) we commit ourselves to complying with and ensuring that our Subcontractors and major suppliers under the Contract comply with international environmental and labour standards, consistent with laws and regulations applicable in the country of implementation of the Contract and the fundamental conventions of the International Labour Organisation5 (ILO) and international environmental treaties. Moreover, we shall implement environmental and social risks mitigation measures when specified in the relevant environmental and social management plans or other similar documents provided by the PEA and, in any case, implement measures to prevent sexual exploitation and abuse and gender-based violence.
In the case of being awarded a Contract, we, as well as all members of our Joint Venture partners and Subcontractors under the Contract will, (i) upon request, provide information relating to the Tender Process and the performance of the Contract and (ii) permit the PEA and KfW or an auditor appointed by either of them, and in the case of financing by the European Union also to European institutions having competence under European Union law, to inspect the respective accounts, records and documents, to permit on the spot checks and to ensure access to sites and the respective project.
In the case of being awarded a Contract, we, as well as all our Joint Venture partners and Subcontractors under the Contract undertake to preserve above mentioned records and documents in accordance with applicable law, but in any case for at least six years from the date of fulfillment or termination of the Contract. Our financial transactions and financial statements shall be subject to auditing procedures in accordance with applicable law. Furthermore, we accept that our data (including personal data) generated in connection with the preparation and implementation of the Tender Process and the performance of the Contract are stored and processed according to the applicable law by the PEA and KfW.
Name: In the capacity of:
▇▇▇▇ empowered to sign in the name and on behalf of6:
Signature: Dated:
Declaration of tax conformity – binding confirmation for legal persons
Name of company
I hereby confirm with my signature that:
I am authorised to make this declaration on behalf of the above company;
the company properly pays all taxes in accordance with the tax laws of the country in which the company is domiciled;
the company is not currently nor has been in the past involved in any legal proceedings concerning the taxation of the company;
the company will duly pay taxes that may arise from the provision of contracted services;
all information and statements provided in advance are complete, accurate in terms of content and currently correct.
.............................. ................... .......................................................
(Place) (Date) (Name
of the consultant)
....................................................... (Signature(s))
Declaration of tax conformity – binding confirmation for natural persons
I hereby confirm with my signature that:
I make this declaration in my name/on my own account;
I duly pay taxes that I am obliged to pay under the tax law of my country of residence;
I am not currently involved in tax law court proceedings, nor have I been in the past;
I will duly pay taxes that may arise from the provision of contracted services;
I have filled in all the information and statements of this confirmation in full, accurately in terms of content and that they are up to date at this time.
.............................. ................... .......................................................
(Place) (Date) (Name
of the person)
....................................................... (Signature)
Form TECH-2
Description of Approach, Methodology, and Work Plan in Responding to the Terms of Reference
[Form TECH-2: a description of the approach, methodology and work plan for performing the assignment, including a detailed description of the proposed methodology and staffing for training, if the Terms of Reference specify training as a specific component of the assignment. The texts and information should be compiled and presented in a way that is related to the project. Consultants shall refrain from long explanations in the style of a textbook. The presentation of diagrams, tables and graphics is preferred. The suggested structure of the Technical Proposal below provides guidance. In any case it shall be adjusted to the requirements of the assignment and could be limited to a) – c) or less for small and less complex assignments.
a) Technical Approach and Methodology Please explain your understanding of the objectives of the assignment as outlined in the Terms of Reference (TOR), the technical approach, and the methodology you would adopt for implementing the tasks to deliver the expected output(s), and the degree of detail of such output. The Consultant is explicitly encouraged not to repeat the TOR in here but to show the suitability of his concept in regard to the TOR and his comments made on these.
b) Work Plan Please outline the plan for the implementation of the main activities/tasks of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Employer), and tentative delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing your understanding of the TOR and ability to translate them into a feasible working plan. A list of the final documents (including reports) to be delivered as final output(s) should be included here. The work plan should be consistent with the work schedule form.
c) Organization and Staffing Please describe the structure and composition of your team, including the list of the Key Experts, other experts and relevant technical and administrative support staff. Responsibilities within the project team have to be defined. Please include an organisation chart showing the Consultant’s internal organisation as well as the interactions with the Employer as well as with other stakeholders. The Consultant is encouraged to include junior staff in his team subject to available guidance within a team headed by senior professional staff and application of adequate rates. If certain tasks are not exclusively performed at site, the Consultant has to describe how the execution and co-operation between site and home office staff is assured.
d) Back-up Services Please describe the envisaged backstopping by the home office for the team working locally on technical and administrative questions that could arise during project implementation as well as for the controlling and monitoring of the work.
e) Quality Control and Management Please outline the procedures for quality control management of services (reports, documents, drawings), including those prepared by associates, sub-consultants and local partners, before submission to the Employer. Plain reference to ISO 9001 is not considered to be adequate.
f) Logistics Please describe the planned logistics and facilities for the execution of the services.
Form TECH-3 (Indicative Format)
Work Schedule (Tasks and Activities Bar Chart)
N° |
Tasks 1 (T-..) |
Months 2 3 |
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T-1 |
[e.g., Task #1: Report A |
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1) data collection |
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2) drafting |
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3) inception report |
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4) incorporating comments |
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5) ......................................... |
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6) delivery of final report to Employer] |
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T-2 |
[e.g., Task #2:...............] |
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1 List the tasks with the breakdown for activities, deliverables and other benchmarks such as the Employer’s approvals. For phased assignments, indicate the activities, delivery of reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in a form of a bar chart.
3 Include a legend, if necessary, to help read the chart.
Form TECH-4 (Indicative Format)
Personnel Schedule (Bar Chart)
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Total time-input 3 (in person-months) |
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KEY EXPERTS |
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K-1 |
[e.g., Mr/Mrs. A] |
[e.g., Team Leader] |
Home |
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Field |
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K-2 |
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K-3 |
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Subtotal: |
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OTHER EXPERTS |
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E-1 |
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[Home] |
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[Field] |
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E-2 |
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Subtotal: |
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Total: |
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1 Months are counted from the start of the assignment/mobilization.
2 “Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in the Employer’s country or any other country outside the expert’s country of residence.
3 The assignment of international and national staff shall be treated separately.
Full time input
Part time input
Form TECH-4
(Continued)
CURRICULUM VITAE (CV)
Position Title and No. |
[e.g., K-1, TEAM LEADER] |
Name of Expert: |
[Insert full name] |
Date of Birth: |
[day/month/year] |
Country of Citizenship/Residence |
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Education: [List college/university or other specialized education, giving names of educational institutions, dates attended, degree(s)/diploma(s) obtained]
___________________________________________________________________
___________________________________________________________________
Employment record relevant to the assignment: [Starting with present position, list in reverse order. Please provide dates, name of employing organization, titles of positions held, types of activities performed and location of the assignment, and contact information of previous clients and employing organization(s) who can be contacted for references. Past employment that is not relevant to the assignment does not need to be included.]
Period |
Employing organization and your title/position. Contact info for references |
Country |
Summary of activities performed relevant to the Assignment |
[e.g., May 2005-present] |
[e.g., Ministry of ……, advisor/consultant to…
For references: Tel…………/ e-mail……; Mr/Mrs B, deputy minister] |
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Membership in Professional Associations and Publications: ___________________________________________________________________
Language Skills (indicate only languages in which you can work): __________________________________________________________________
__________________________________________________________________
Adequacy for the Assignment:
Detailed Tasks Assigned on Consultant’s Team of Experts:
|
Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the Assigned Tasks |
[List all deliverables/tasks as in TECH- 5 in which the Expert will be involved) |
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Section IV. Financial Proposal - Standard Forms
[The Financial Proposal Standard Forms below shall be used for the preparation of the Financial Proposal according to the instructions provided therein and in Section II unless otherwise indicated in 14.1 of the Data Sheet.
Form FIN-1 FINANCIAL PROPOSAL – COST BREAKDOWN
Model for Financial Proposal – Overall Cost Breakdown
As per Data Sheet clause 14.3 the prices in our Financial Proposal are expressed in: INR
As per Data Sheet clause 14.1 our services are offered on a [bidder to tick relevant box]
-
Lump sum contract
basis
In case of a lump sum contract the cost overview and cost details presented hereafter are to be understood to demonstrate the basis for the financial calculation but not as basis for invoicing at actual quantities or actual cost.
Basic Services (as per TOR)
Particular/Item |
Amount (in INR) |
1. – Cost towards Remuneration of Experts, allowances, etc. |
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2. – Local travel & transport cost |
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3. – Project office |
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4. – Reports and documents |
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Total /Overall – Fees (net, exclusive of taxes and duties)] |
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GST (@.....) |
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Total –cost/Overall – Fees (inclusive of taxes and duties) |
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I/We here by certify that all particulars given above are correct and true to the best of my/our knowledge.
I/We certify that if appointed for assignment, I/We shall appoint separate teams for any competing clients who are in same business as SIDBI to avoid clash of interest and maintenance of confidentially.
In case at any stage, it is found that the information given by me/us is false/ incorrect, SIDBI shall have the absolute right to take any action as deemed fit (including termination of contract and or blacklist and debar), without any prior intimation to me/us.
Name & Title of Signatory _____________________________________________
In the capacity of [insert legal capacity of person signing the Quotation]
Name of Bidder _____________________________________________
Address _____________________________________________
Dated on ____________ day of __________________, _______ [insert date of signing]
Detailed Cost Calculation
Detailed Cost Calculation – Fees, Transport, Logistics |
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1. Cost towards Remuneration of Experts, allowances,etc. |
Unit |
Quantity |
Lump sum unit rate |
Amount |
1.1 Team Leader |
month |
... |
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1.2 NN |
month |
... |
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1.3 … |
month |
… |
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Sub-total (1) |
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2. Local Travel & Transport Cost |
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2.1 Vehicle lease/rent or use of own vehicles |
month |
... |
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2.2 Vehicle O&M incl. driver, insurance, repair |
month |
... |
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2.3 Other local transport (short-term, peak) |
day |
… |
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2.4 Local flights |
flight |
... |
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Sub-total (2) |
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3. Project Office |
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3.1 Office rent |
month |
... |
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3.2 Office operation |
month |
... |
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Sub-total (3) |
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4. Reports and Documents |
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4.1 ... (Type of reports/documents to be stated) |
/doc |
... |
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4.2 ... |
... |
... |
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Sub-total(4) |
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Total /Overall – Fees net, exclusive of taxes and duties (1+2+3+4) |
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Section V. Eligibility Criteria
Eligibility in KfW-Financed Procurement
Consulting Services, Works, Goods, Plant and Non-Consulting Services are eligible for KfW financing regardless of the country of origin of the Contractors (including Subcontractors and suppliers for the execution of the Contract), except where an international embargo or sanction by the United Nations, the European Union or the German Government applies.
Applicants/Bidders (including all members of a Joint Venture and proposed or engaged Subcontractors) shall not be awarded a KfW-financed Contract if, on the date of submission of their Application/Offer or on the intended date of Award of a Contract, they:
2.1 are bankrupt or being wound up or ceasing their activities, are having their activities administered by courts, have entered into receivership, or are in any analogous situation;
2.2 have been
(a) convicted by a final judgement or a final administrative decision or subject to financial sanctions by the United Nations, the European Union and/or the German Government for involvement in a criminal organisation, money laundering, terrorist-related offences, child labour or trafficking in human beings; this criterion of exclusion is also applicable to legal Persons, whose majority of shares are held or factually controlled by natural or legal Persons which themselves are subject to such convictions or sanctions;
(b) convicted by a final court decision or a final administrative decision by a court, the European Union or national authorities in the Partner Country or in Germany for Sanctionable Practice during any Tender Process or the performance of a Contract or for an irregularity affecting the EU’s financial interests, unless they provide supporting information together with their Declaration of Undertaking (Form available as Appendix to the Application/Offer which shows that this conviction is not relevant in the context of this Contract and that adequate compliance measures have been taken in reaction;
2.3 have been subject within the past five years to a Contract termination fully settled against them for significant or persistent failure to comply with their contractual obligations during Contract performance, unless this termination was challenged, and the dispute resolution is still pending or has not confirmed a full settlement against them;
2.4 have not fulfilled applicable fiscal obligations regarding payments of taxes either in the country where they are constituted or the PEA’s country;
2.5 are subject to an exclusion decision of the World Bank or any other multilateral development bank and are listed in the respective table with debarred and cross-debarred firms and individual available on the World Bank’s website or any other multilateral development bank unless they provide supporting information together with their Declaration of Undertaking which shows that this exclusion is not relevant in the context of this Contract or
2.6 have given misrepresentation in documentation requested by the PEA as part of the Tender Process of the relevant Contract.
State-owned entities may compete only if they can establish that they (i) are legally and financially autonomous, and (ii) operate under commercial law. To be eligible, a state-owned entity shall establish to KfW’s satisfaction, through all relevant documents, including its charter and other information KfW may request, that it: (i) is a legal entity separate from their state (ii) does not currently receive substantial subsidies or budget support; (iii) operates like any commercial enterprise, and, inter alia, is not obliged to pass on its surplus to their state, can acquire rights and liabilities, borrow funds and be liable for repayment of its debts, and can be declared bankrupt.
Section VI. KfW Policy – Sanctionable Practice – Social and Environmental Responsibility
Sanctionable Practice
The PEA and the Contractors (including all members of a Joint Venture and proposed or engaged Subcontractors) must observe the highest standard of ethics during the Tender Process and performance of the Contract.
By signing the Declaration of Undertaking the Contractors declare that (i) they did not and will not engage in any Sanctionable Practice likely to influence the Tender Process and the corresponding Award of Contract to the PEA’s detriment, and that (ii) in case of being awarded a Contract they will not engage in any Sanctionable Practice.
Moreover, KfW requires to include in the Contracts a provision pursuant to which Contractors must permit KfW and in case of financing by the European Union also to European institutions having competence under European law to inspect the respective accounts, records and documents relating to the Tender Process and the performance of the Contract , and to have them audited by auditors appointed by KfW.
KfW reserves the right to take any action it deems appropriate to check that these ethics rules are observed and reserves, in particular, the rights to:
(a) reject an Offer for Award of Contract if during the Tender Process the Bidder who is recommended for the Award of Contract has engaged in Sanctionable Practice, directly or by means of an agent in view of being awarded the Contract;
(b) declare misprocurement and exercise its rights on the ground of the Funding Agreement with the PEA relating to suspension of disbursements, early repayment and termination if, at any time, the PEA, Contractors or their legal representatives or Subcontractors have engaged in Sanctionable Practice during the Tender Process or performance of the Contract without the PEA having taken appropriate action in due time satisfactory to KfW to remedy the situation, including by failing to inform KfW at the time they knew of such practices.
KfW defines, for the purposes of this provision, the terms set forth below as follows:
Coercive Practice |
The impairing or harming, or threatening to impair or harm, directly or indirectly, any person or the property of the person with a view to influencing improperly the actions of a person. |
Collusive Practice |
An arrangement between two or more persons designed to achieve an improper purpose, including influencing improperly the actions of another person. |
Corrupt Practice |
The promising, offering, giving, making, insisting on, receiving, accepting or soliciting, directly or indirectly, of any illegal payment or undue advantage of any nature, to or by any person, with the intention of influencing the actions of any person or causing any person to refrain from any action. |
Fraudulent Practice |
Any action or omission, including misrepresentation that knowingly or recklessly misleads, or attempts to mislead, a person to obtain a financial benefit or to avoid an obligation. |
Obstructive Practice |
Means (i) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or the making of false statements to investigators, in order to materially impede an official investigation into allegations of a Corrupt Practice, Fraudulent Practice, Coercive Practice or Collusive Practice, or threatening, harassing or intimidating any Person to prevent them from disclosing their knowledge of matters relevant to the investigation or from pursuing the investigation, or (ii) any act intended to materially impede the exercise of KfW's access to contractually required information in connection with an official investigation into allegations of a Corrupt Practice, Fraudulent Practice, Coercive Practice or Collusive Practice. |
Sanctionable Practice |
Any Coercive Practice, Collusive Practice, Corrupt Practice, Fraudulent Practice or Obstructive Practice (as such terms are defined herein) which is unlawful under the Financing Agreement. |
Social and Environmental Responsibility
Projects financed in whole or partly in the framework of Financial Cooperation have to ensure compliance with international Environmental, Social, Health and Safety (ESHS) standards (including issues of sexual exploitation and abuse and gender based violence) Contractors in KfW-financed projects shall consequently undertake in the respective Contracts to:
comply with and ensure that all their Subcontractors and major suppliers, i.e. for major supply items comply with international environmental and labour standards, consistent with applicable law and regulations in the country of implementation of the respective Contract and the fundamental conventions of the International Labour Organisation7 (ILO) and international environmental treaties and;
implement any environmental and social risks mitigation measures, as identified in the environmental and social impact assessment (ESIA) and further detailed in the environmental and social management plan (ESMP) as far as these measures are relevant to the Contract and implement measures for the prevention of sexual exploitation and abuse and gender-based violence.
PART 2 – Terms of Reference
Section VII. Terms of Reference
SIDBI is seeking the services of a technical agency for Measurement & Verification (M&V) of energy savings including assessment of Environment & Social Safeguard (E&SS) aspects under Energy Efficiency Program of SIDBI
Background
Small Industries Development Bank of India (SIDBI) was established on April 2, 1990, under an Act of Indian Parliament. It is the principal financial institution for the promotion, financing and development of Micro, Small & Medium Enterprises (MSMEs). In order to improve productivity and competitiveness of MSME sector through energy efficiency (EE) measures, SIDBI has undertaken a number of initiatives which include development assistance and line of credits from The World Bank, Japan International Cooperation Agency (JICA), Kreditanstalt für Wiederaufbau (KfW) and Agence Française de Développement (AFD). Further, SIDBI has setup an Energy Efficiency Centre (EEC) at New Delhi which is implementing various developmental projects in close cooperation with the World Bank, Bureau of Energy Efficiency (BEE), Energy Efficiency Services Limited (EESL), Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), Kreditanstalt für Wiederaufbau (KfW) and few others.
Objective of the Assignment
Hiring a Technical Agency for carrying out Measurement & Verification exercise including a) Measure and Verify the energy savings achieved for the Energy Efficiency (EE) projects, b) assessment and compliances of Environment & Social (E&S) Aspects.
Scope of Services and Expected Deliverables
Measurement & Verification (M&V) and Environmental & Social Safeguard (E&SS) activities are an important aspect of an energy efficiency / green project. The broad scope of the services under this assignment is as given below:
The agency will conduct thorough assessments to verify the energy savings achieved through implemented energy efficiency measures. This includes:
Establishing baseline energy consumption
Monitoring and measuring post-implementation energy usage / consumption
Analysing data to determine actual savings compared to projected savings based on specific energy consumption (SEC) basis
The agency’s scope under E&SS will be to; 1) verify the compliance of MSME unit towards Environment and Social Management System (ESMS) in respect of the EE Project implemented, and 2) assess the Environment and Social co-benefits from the sub-projects
The agency will be required to visit the MSME plant to understand the EE interventions in each EE project and collection of primary & secondary data for conducting M&V and E&S assessment.
The agency will conduct Measurement and Verification (M&V) and Environment & Social due diligence (E&SS) on a risk-based sample (determined by SIDBI) of 200 Energy Efficiency (EE) / Green projects implemented by MSMEs across the country.
The agency will prepare a template for preparing M&V and E&SS report in consultation with SIDBI and accordingly submit reports for projects for the review of SIDBI. The template shall be based on international best practice / adequate protocols and incorporate reporting and due diligence standards as required by above mentioned Development Finance Institutions which will be shared with the agency once being awarded.
The agency is also required to prepare a consolidated report of all EE projects and summary report of major findings and suggest any corrective measures (if any) to be taken by SIDBI for future projects in the M&V report. The summary report will include a master table summarising the key outcomes for all the measures assessed, including data points such as ex-ante baseline, ex-ante savings, ex-post baseline, ex-post savings, baseline SEC (KWh/unit of production), post-project SEC, etc.
These reports should include methodologies used for measurement, data collection processes, results obtained, and any discrepancies noted during evaluations.
The agency may be given additional task for preparing M&V and E&SS reports for more projects after completion of initially identified projects. For this purpose, the agency will be required to provide its unit rate for preparing M&V and E&SS report in the financial proposal.
Indicative Parameter of the Report:
Establishing a baseline is crucial for evaluating the effectiveness of implemented technologies. The baseline should be defined based on Specific Energy Consumption (SEC), which is a measure of the energy used per unit of output or service provided. SEC allows for a standardized comparison between different technologies and operational practices.
The background of the baseline involves understanding historical energy consumption patterns within a specific sector or facility. This includes collecting data on energy usage over time, identifying peak consumption periods, and recognizing any variations due to changes in production levels or operational practices. By analyzing this data, one can establish an accurate baseline that reflects typical energy consumption before any efficiency measures are applied.
Evaluating Energy Consumption of EE Project Technologies: it is essential to conduct a thorough analysis comparing these technologies against conventional machines that represent the established baseline. This evaluation typically involves:
Gather data on the energy consumption of both the EE technologies and conventional machines under similar operating conditions.
Define performance metrics such as output capacity, operational hours, and load factors to ensure an apples-to-apples comparison.
Calculate potential energy savings by subtracting the SEC of EE technologies from that of conventional machines.
Estimate the percentage improvement in energy efficiency.
To better understand why each machine is considered energy efficient, outline the specific advantages that contribute to their performance in this regard.
Verifying adherence to the environment and social practices including mandatory compliance as provided in the Environment and Social Due Diligence reports provided at the time of appraisal.
Verify adherence to the national Environment & Social laws and Environment & Social Management System (ESMS) adopted by SIDBI which is primarily aligned to the World Bank / IFC ESS performance Standards. The consultant is required to provide details on applicable E&S related requirements with an objective of meeting conditions of Environment and Social Management System (ESMS).
Monitor and documenting the Environment and Social co-benefits as an outcome of implementation of projects; the agency is expected to prepare a summary report of major findings and suggest any corrective measures (if any) to be taken by the MSMEs for future projects.
Duration of the Assignment
The duration of assignment is 24 months, which may be extended further for another upto 24 months based on project requirement and performance.
Team Composition & Qualification Requirements for the Key Experts
SIDBI will assess the demonstrated experience and capacity of the Agency, and the selected Agency is expected to deploy sufficient manpower to successfully deliver the required outputs. An indicative manpower requirement of key professionals with desired qualification and experience is given in the table below.
S. No. |
Key Experts required |
Nos. of experts |
Area of Specific Expertise Desired |
Minimum Qualification |
i. |
Energy Expert |
2 |
At least 5 years of working experience in the field of energy efficiency / energy audits/ carrying out M&V activities etc. |
B.E./ B. Tech. or equivalent qualifications with BEE certified energy auditor/manager. |
ii. |
M&V Expert |
1 |
Experienced M&V professional with at least 5 years of working experience in the field of energy efficiency / energy audits / carrying M&V activities for MSME/Industry on international standards (IPMVP/ CDM methodology, etc.) |
B.E./ B. Tech. or equivalent qualifications.
Certified M&V professional or equivalent qualifications
|
iii. |
Environment & Social Expert |
2 |
At least 5 years of experience working on environment and social aspects related to industrial/ infrastructure/ MSME projects focusing risk assessment and due-diligence activities; knowledge about E&S guidelines of the World Bank/IFC. |
Post-Graduate in Environmental Engineering / Environmental Science, Environmental Management/ or equivalent /another relevant stream |
Deliverables & Payment Schedule:
S. No. |
Deliverables |
Activity |
Payment Schedule |
Timelines |
1. |
Share the Measurement Data of Energy Audit of implemented technology in a excel format (at least 2 MSME) Finalisation of Template for M&V and E&SS report and submission (at least 2 MSME) |
Deployment of the TEAM ASAP, Visit the MSME, Measure the required data, Baseline Estimation, calculate energy savings, etc. Consolidate in an excel format and submit. Prepare a template for Measurement & Verification (M&V) Audit and Assessment of Environmental & Social Safeguard (E&SS) Aspects for EE project and submit |
10 % of activity cost |
2 weeks |
2. |
Submit M&V and E&SS report for the identified projects (200 in Nos.) |
Prepare report for each project in an agreed format and acceptance by ▇▇▇▇▇. |
80 % of activity cost [10% of activity cost for each lot of 25 reports]
|
6 -8 weeks for each lot of 25 reports. |
3. |
Submit Final Report |
Consolidate all EE project’s report and submit |
10 % of activity cost |
At the end of the assignment as decided by ▇▇▇▇▇ |
Note:
The agency may raise invoice based on deliverables and the payment shall be released post acceptance of deliverables by SIDBI.
In case of any additional task for preparing M&V/ E&SS/ Consolidated Report of all EE project shall be over and above the contract price. For this purpose, the agency will be paid as per the unit rate as derived from the total cost of the activity (i.e., 80% of the total quoted price).
At the time of final payment/settlement, in the event of lesser number of reports are submitted by the agency the payment may be adjusted/released based on the unit price as derived from the total cost of the activity (i.e., 80% of the total quoted price) subject to no. of reports submitted, finalized and accepted by ▇▇▇▇▇) or as decided by ▇▇▇▇▇
PART 3 – Contract Form
Section VIII. Contract for Consulting Services
[The Employer shall attach the Model Contract for Consulting Services and as far as possible define the Payment Conditions contained therein.]
Between the Employer and successful Consultant a Contract will be signed as per the attached Model Contract for Consulting Services.
CONSULTING CONTRACT dated [●] between Small Industries Development Bank of India, Green Climate Finance Vertical, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇ – ▇▇▇▇▇▇ – hereinafter referred to as the “Employer” – and [●] – hereinafter referred to as the “Consultant” –
Relating to project “Consulting Services for Hiring of an agency for Measurement & Verification (M&V) of energy savings including assessment of Environment & Social Safeguard (E&SS) aspects under Energy Efficiency Program of SIDBI through KfW line of credit”
BMZ-no.:201970367
Procurement/RFP reference no.: 512067
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CONTENTS |
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Section |
Page |
4 Commencement, Completion, Amendment and Termination of the Services 14
Preamble
The Employer requests consulting services to be rendered for the Project (as defined below) as designated in the Special Conditions (as defined below). The Consultant has submitted a technical and a financial bid for the Services (as defined below) which has been accepted by the Employer. Therefore, the Parties agree as follows:
General Conditions
1General Provisions |
|
1.1 |
Words and expressions used in this Consulting Contract (as defined below) shall have the following meaning, unless the context requires otherwise. “Agreed Remuneration” means the remuneration agreed pursuant to Paragraph 5 [Remuneration]. “Commencement Date” has the meaning given to such term in the Special Conditions. “Completion Period” means the period for the completion of the Services as set out in the Special Conditions. “Consulting Contract” means this contract for consulting services, including its Preamble and its Annexes8.9 “Contract Value” has the meaning given to such term in the Special Conditions. “Country” has the meaning given to such term in the Special Conditions. “Force Majeure” means an event which is beyond the reasonable control of a Party, is not foreseeable, is unavoidable, and makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible under the circumstances. It includes, but is not limited to, war, invasion, rebellion, terrorism, riots, civil disorder, natural catastrophe (e.g. earthquake, fire, explosion, hurricane, typhoon, volcanic activity), strikes, lockouts or other industrial action confiscation or any other action by government agencies. It includes, but is not limited to, circumstances such as crises, war or terror that lead to the Foreign Office of the Federal Republic of Germany calling upon German citizens to leave the country or the Project region in response to which the Consultant withdraws all its staff. Force Majeure shall not include (i) any event which is caused by the negligence or wilful action of a Party or such Party’s experts, sub-contractors or their respective directors, agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both take into account at the time of the conclusion of this Consulting Contract and avoid or overcome in the carrying out of its obligations hereunder. Furthermore, Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder. “Foreign Currency” means any currency other than the Local Currency. “Foreign Staff” means the staff who do not hold the citizenship of the Country. “Funding Agreement” means the [loan agreement / financing agreement] entered into between KfW and [the Employer] to wholly or partly finances the Services. “Joint Venture (JV)” means an association with or without a legal personality distinct from that of its members, of more than one Consultant where the members of the JV shall be jointly and severally liable to the Employer for the performance of the Contract and one member has the authority to conduct all business for and on behalf of any and all the members of the JV. The terms Joint Venture and Consortium can be used interchangeably. “Local Currency” has the meaning given to such term in the Special Conditions. “Other Costs” means the additional costs of the Consultant to the extent agreed in the Special Conditions. “Parties” means the Employer and the Consultant. “Project” means the project specified in the Special Conditions. “Services” means the contractual services described in Annex 3 [Terms of Reference plus Tender Documents], Annex 9 [The Consultant’s Bid] and Paragraph 3.1 [Scope of Services], including without limitation any optional services (if any) as well as the standard and special services defined in Paragraph 3.2 [Standard and Special Services]. “Special Conditions” means the terms and conditions set out under the header “Part II: Special Conditions” of this Consulting Contract. “Standards” means the metric system and German DIN or European EN standards, or internationally recognised standards that are at least equivalent to those published by ISO or IEC. “Written” or “in writing” means written by hand or typed by machine, and produced in a printed or electronic form, the result being a non-editable permanent record. |
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1.2 |
Unless a contrary indication appears, in this Consulting Contract: 1.2.1Section, clause, annex and schedule headings are for ease of reference only. 1.2.2The singular includes the plural and vice versa. 1.2.3References to a “Party” or any other person shall be construed so as to include its successors in title, permitted assigns and permitted transferees to, or of, its rights and/or obligations under this Consulting Contract. 1.2.4References to a "director" include any statutory legal representative(s) of a person pursuant to the laws of its jurisdiction of incorporation. 1.2.5References to this "Consulting Contract" or any other agreement or instrument are references to this Consulting Contract or other agreement or instrument as amended, novated, supplemented, extended or restated. 1.2.6References to a "person" shall include any individual, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership or other entity (whether or not having separate legal personality). 1.2.7References to euro, EUR or € are references to the lawful currency of the participating states of the European Monetary Union. References to US dollars, USD or US$ are references to the legal currency of the United States of America. |
1.3 |
1.3.1In the event of a conflict between the Special Conditions and the General Conditions or any annex or schedule thereto, the provisions of the Special Conditions shall prevail. 1.3.2In the event of a conflict between General Conditions and any annex or schedule thereto, the provisions set out in the respective annex or schedule shall prevail. 1.3.3In the event of a conflict between the annexes, the provisions set out in the respective preceding annexes shall prevail over the provisions set out in the respective subsequent annexes. |
1.4 |
Any communication to be made under or in connection with this Consulting Contract shall (i) be made in writing and, unless otherwise stated, may be made by fax or letter, and in the language specified in the Special Conditions and (ii) to the extent not otherwise stipulated in the Special Conditions, take effect upon receipt at the addresses specified in the Special Conditions and if by way of fax, when received in legible form. |
1.5 |
This Consulting Contract is governed by the laws specified in the Special Conditions. |
1.6 |
This Consulting Contract enters into force and effect immediatly upon (i) execution hereof by both Parties, and (ii) receipt by the Employer of KfW's written confirmation that all conditions precedent to the first disbursement under the Funding Agreement have been satisfied in form and substance satisfactory to KfW. The Employer has to inform the Consultant about KfW`s written confirmation immediately. |
1.7 |
Any drawings, plans and calculations shall be based on the Standards; moreover, the Standards shall be applied to all Services. |
1.8
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1.8.1The Consultant may not assign or transfer any of its rights or obligations under this Consulting Contract without the prior written consent of the Employer, which, in turn, shall not be provided without the prior written consent of KfW. 1.8.2The Consultant may conclude or terminate sub-contracts for the performance of any part of the Services only upon prior written consent of the Employer, which, in turn, shall not be provided without the prior written consent of KfW. None of the Consultant’s obligations under this Consulting Contract shall be limited, cancelled or in any other way affected by any sub-contracting of Services. 1.8.3The Consultant shall, and shall contractually oblige each subcontractor (if any), develop and implement measures for the safety of the personnel deployed, adapted to the current security situation. The Consultant undertakes to contractually oblige each subcontractor (if any) contractually to pass on a corresponding obligation to any other subcontractors (if any). |
1.9
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To the extent not otherwise stated in the Special Conditions, the Consultant shall transfer to the Employer all rights to the Services performed under this Consulting Contract on the date any such rights arise, and in any event at the latest on the date they are acquired by the Consultant. Insofar as a transfer of such rights is not possible, the Consultant shall irrevocably grant the Employer an unrestricted, transferrable, licensable and exclusive right of use and exploitation that is unlimited with respect to time and place of use. Such transfer shall include the right to adapt any transferred rights. The Consultant shall ensure that no third party rights exist or will be exercised that would preclude the aforementioned transfer of rights or their exercise. |
1.10
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1.10.1All studies, reports, data and documents such as diagrams, plans, statistics and annexes that are made available to the Consultant by the Employer in relation to the performance of the Services, as well as software (including the respective source codes) produced or adapted to facilitate the performance of the Services, shall remain the property of the Employer. The Consultant shall not be entitled to exercise any right of retention or similar rights with respect to these materials. 1.10.2The Consultant shall return any equipment made available by the Employer to the Consultant to facilitate the performance of the Services, including any vehicles purchased for the performance of the Services and paid for fully by the Employer, to the Employer promptly after completion of the Services. The Consultant shall handle and maintain any such equipment with due care. |
1.11
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1.11.1The Consultant shall, and shall ensure that its employees, agents and representatives will keep confidential all documents made available to the Consultant by the Employer and/or KfW, as well as all information exchanged and knowledge acquired concerning this Consulting Contract and its implementation, even if such documents, information or knowledge have not been expressly designated as confidential. This obligation of confidentiality upon the Consultant and its employees shall remain effective for a period of 24 months after completion or termination (whichever occurs earlier) of the Consulting Contract. 1.11.2The obligation of confidentiality set out in this Clause 1.11 shall not apply to information: (a)which is or becomes public information other than as a direct or indirect result of any breach of this Consulting Contract; (b)which is known by the receiving Party before the date the information is disclosed to the receiving Party in accordance with paragraph (a) above or is lawfully obtained by the receiving Party after that date from a source which is unconnected with the Employer and KfW and which has not been obtained in breach of, and is not otherwise subject to, any obligation of confidentiality. (c)the disclosure of which is:
1.11.3Notwithstanding the foregoing each Party is entitled to disclose any information in connection with this Consulting Contract to KfW. |
1.12
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During the term of this Consulting Contract, the Consultant shall not, and shall ensure that its Foreign Staff will not, interfere with the political or religious affairs of the Country. |
1.13
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1.13.1The Consultant shall, and shall ensure that its representatives, agents and employees will:
For the purposes of this provision, the following capitalized terms shall have meaning as defined below: Coercive Practice The impairing or harming, or threatening to impair or harm, directly or indirectly, any person or the property of the person with a view to influencing improperly the actions of a person. Collusive Practice An arrangement between two or more persons designed to achieve an improper purpose, including influencing improperly the actions of another person. Corrupt Practice The promising, offering, giving, making, insisting on, receiving, accepting or soliciting, directly or indirectly, of any illegal payment or undue advantage of any nature, to or by any person, with the intention of influencing the actions of any person or causing any person to refrain from any action. Fraudulent Practice Any action or omission, including misrepresentation that knowingly or recklessly misleads, or attempts to mislead, a person to obtain a financial benefit or to avoid an obligation. Obstructive Practice Means (i) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or the making of false statements to investigators, in order to materially impede an official investigation into allegations of a Corrupt Practice, Fraudulent Practice, Coercive Practice or Collusive Practice, or threatening, harassing or intimidating any Person to prevent them from disclosing their knowledge of matters relevant to the investigation or from pursuing the investigation, or (ii) any act intended to materially impede the exercise of KfW's access to contractually required information in connection with an official investigation into allegations of a Corrupt Practice, Fraudulent Practice, Coercive Practice or Collusive Practice. Sanctionable Practice Any Coercive Practice, Collusive Practice, Corrupt Practice, Fraudulent Practice or Obstructive Practice (as such terms are defined herein) which is unlawful under the Funding Agreement. Sanctions The economic, financial or trade sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by any Sanctioning Body. Sanctioning Body Any of the United Nations Security Council, the European Union and the Federal Republic of Germany. Sanctions List Any list of specially designated persons, groups or entities which are subject to Sanctions, as issued by any Sanctioning Body. 1.13.2The Consultant will inform its employees, agents, representatives and subcontractors (if any) engaged under this Consulting Contract of their respective obligations. 1.13.3The Consultant shall itself and contractually oblige its employees, agents, representatives and subcontractors (if any) to comply in all respects with (i) the Declaration of Undertaking described in Annex 1 [Declaration of Undertaking] and (ii) the laws of the Country. 1.13.4The Consultant shall, in connection with his/her activities in respect of the Services and/or the Project, treat the persons involved in the Services and/or the Project and any other persons involved at any time respectfully and with high ethical standards (requirement of respectful treatment). The Consultant shall not treat any persons involved in the Services and/or the Project or any other persons differently without a justified reasonable cause (prohibition of discrimination). The Consultant shall not use his position in connection with the Services and/or the Project for abusing of his/her competences and powers (prohibition of abuse). This includes in particular, but is not limited to, the abuse of a position of power for demanding and receiving sexual acts or harassment. The provisions on Sanctionable Practices shall remain unaffected. |
1.14Ssocial and EnvironmeNtal respoNsibility |
The Consultant shall, and shall ensure that its representatives, agents and employees will, ensure compliance with the Environmental, Social, Health and Safety (ESHS) standards (including issues of sexual exploitation and abuse and gender based violence) as outlined in KfW´s Sustainability Guideline (October 01, 2019 as amended from time to time) and, consequently: where relevant, implement any environmental and social and health and safety risks mitigation measures when specified in the relevant environmental and social management plans or other similar documents provided by the Employer and/or KfW. The Consultant will report on the status of implementation of ESHS measures and plan items as contractually agreed. |
1.15
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Unless otherwise set out in the Special Conditions, the Consultant shall make all reimbursements, insurance payments, guarantee payments or similar payments: (a)if in Foreign Currency, for the account of the Employer to KfW, Frankfurt am Main, BIC: ▇▇▇▇▇▇▇▇, account IBAN: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇; and (b)if in Local Currency, to the special account of the Employer specified in the Special Conditions. |
1.16
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1.16.1If any provision of this Consulting Contract is or becomes invalid, void or ineffective or if this Consulting Contract contains unintentional gaps, this will not affect the validity or effectiveness of the remaining provisions of this Consulting Contract and this Consulting Contract will remain valid and effective, save for the void, invalid or ineffective provisions, without any Party having to argue and prove the Parties' intent to uphold this Consulting Contract even without the void, invalid or ineffective provisions. 1.16.2The void, invalid or ineffective provision shall be deemed replaced by such valid and effective provision which comes as close as possible to the purpose and intent of the invalid provision in legal or economic terms and any unintentional gap shall be deemed to be filled with a provision which best suits the purpose and intent of this Consulting Contract. 1.16.3Any supplements and amendments to this Consulting Contract – including to this Article 1.15.3 – must be made in writing. Any waiver by the Parties of this writing requirement must also be in writing. |
1.17dRole of KfW |
For the avoidance of doubt, notwithstanding any consent, no-objection and/or other rights which may be conferred to KfW pursuant to this Consulting Contract, KfW shall not and shall not be deemed to be a Party to this Consulting Contract and shall have no obligations hereunder. |
2 The Employer |
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2.1
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During the term of this Consulting Contract, the Employer, shall, within a reasonable period of time and at its own cost and expense, provide the Consultant with all data, documentation and information required or expedient for the performance of the Services that are available to it. This shall also include all Services- and Project-related provisions of any separate agreements relating to the Funding Agreement or to any other loan or grant made in respect of the Project, and, to the extent that KfW`s consent is required by this Consulting Contract and has been granted by KfW, the documents evidencing such consent. |
2.2
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Where the Employer is vested with any discretion or decision right under this Consulting Contract, it shall, provided that the Consultant has supplied the Employer with all the information reasonably required by the Employer including, but not limited to, drawings, studies and details of any replacement staff, exercise such discretion or (as applicable) take its decision pursuant to this Consulting Contract as soon as possible following the Consultant’s written request and, in any event, no later than the end of the expiry period specified in the Special Conditions. |
2.3
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2.3.1The Employer will support, to the extent reasonably possible, the Consultant in discharging its obligations pursuant to this Consulting Contract. The Employer shall make available to the Consultant as soon as reasonably practicable and in full all the services necessary for the performance of its tasks as detailed in Annex 3 [Terms of Reference plus Tender Documents]. 2.3.2In addition, the Employer shall support the Consultant, the Consultant’s employees and directors and, where applicable, their [immediate] relatives in: (a)obtaining as soon as reasonably practicable any documents necessary for entering, residing in, working in and leaving the Country (visa, work permit etc.); (b)granting and/or obtaining unrestricted access to the Project where necessary for the performance of the Services; (c)the import, export and customs clearance of personal items and of goods and commodities required for the performance of the Services; (d)securing return transport in cases of emergency; (e)obtaining permission to import Foreign Currency that is required by the Consultant for the performance of the Services and for personal use by its Foreign Staff; (f)obtaining permission to export the money paid by the Employer to the Consultant under this Consulting Contract; and (g)providing access to other organisations for the purpose of obtaining information to be procured by the Consultant in relation to the performance of its obligations hereunder or any of the matters set out under any of the foregoing sub-paragraphs (a) through (f) above. |
2.4
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2.4.1The Consultant is responsible for meeting any and all tax liabilities in the Employer`s country arising out of the Consulting Contract, unless it is stated otherwise in the Special Conditions. Tax liabilities of the Consultant outside the Employer`s country are considered to be included in the Remuneration and may not be charged separately. 2.4.2If, after the date of signing of this Consulting Contract by the Parties, there is any change in the applicable law in the Employer’s country with respect to taxes and/or duties which increases or (as the case may be) decreases the cost incurred by the Consultant in performing the Services, then the Remuneration and other expenses otherwise payable to the Consultant under this Consulting Contract shall be increased or (as the case may be) decreased accordingly by agreement to be concluded between the Parties hereto. |
2.5
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The Employer shall make available to the Consultant, at the Employer’s cost and expense, such technical and other equipment and offices as described in Annex 6 [Equipment and Furnishings to be provided by the Employer and Third-party Services Commissioned by the Employer] for the purpose of performing the Services. |
2.6
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The Employer shall appoint two natural persons to act as the Employer’s contact person and deputy to the Consultant in relation to this Consulting Contract, and the Employer further undertakes to appoint a substitute contact person without undue delay should either of the two individuals appointed (or the respective subsitutes) no longer be available. The contact persons shall be set out in the Special Conditions. |
3The Consultant |
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3.1 |
3.1.1The Consultant shall deliver the Services in full and on time. 3.1.2The Consultant shall cooperate in good faith with any third parties commissioned by the Employer pursuant to Paragraph 2.5 [Services and Furnishings]. The Employer shall not be liable for any costs, losses or liabilities caused by any of these third parties or their performance, except in the case of willful misconduct, gross neglicence, death or bodily injury. In addition, the Consultant must, to the extent possible, comprehensively coordinate the services rendered by such third parties with the Services. |
3.2
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3.2.1The Consultant shall report to the Employer and KfW on the progress of the Services in accordance with the Special Conditions and/or the Terms of Reference as applicable. The Consultant shall inform the Employer and KfW promptly of all extraordinary circumstances (including, without limitation, any compliance-relevant circumstances or substantial suspicions) that arise during the performance of the Services and of all matters requiring KfW’s approval. 3.2.2The Consultant shall, at its own cost and expense, promptly deliver all records, documents and information requested by the Employer and/or KfW in connection with this Consulting Contract. This obligation shall survive the termination of the Consulting Contract for a period of 24 months. |
3.3
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3.3.1The Consultant shall employ the staff specified in Annex 5 [Staffing Schedule] to implement performance of the Services. The list of designated key staff and any changes to it shall require the prior written approval of the Employer and KfW. 3.3.2Upon the Employer’s request, the Consultant shall terminate the contract of, or release or replace, any staff member who fails to meet the requirements set out in this Consulting Contract or violates Paragraph 1.12 [Conduct]. Any such request of the Employer must be submitted in writing to the Consultant and must state the reasons for the requested termination, release or replacement. 3.3.3If any staff employed by the Consultant need to be replaced, the Consultant shall ensure that the staff member in question is replaced promptly by an individual with at least equivalent qualifications and experience. 3.3.4If the Consultant terminates the contract of, or releases or replaces, any staff during the term of this Consulting Contract, any costs thus accrued shall be borne by the Consultant. |
3.4
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3.4.1The Consultant shall appoint a natural person as its contact person for the Employer in relation to this Consulting Contract, and the Consultant further undertakes to appoint a substitute contact person without undue delay should the individual appointed (or its subsitute) no longer be available. 3.4.2Moreover, the Consultant shall specify and provide contact details to the Employer and KfW for an individual, as well as a deputy, at the Consultant's place of business who can be reached at any time in cases of emergency or crisis. The Consultant shall notify the Employer and KfW without delay of any change of any such elected person or its contact details. |
4Commencement, Completion, Amendment and Termination of the Services |
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4.1
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4.1.1The Consultant shall begin performing the Services on the Commencement Date. The Consultant shall deliver the Services in accordance with the time schedule set out in Annex 7 [Time Schedule for the Performance of the Services], and shall complete the Services within the Completion Period (for the avoidance of doubt, subject to any adaptations (if any) in accordance with paragraph 4.1.3 below). 4.1.2In the case of optional services (if any), the Consultant shall commence delivery of such optional services not earlier than upon receipt of notification from the Employer, subject to the Employer having received KfW’s prior written consent. 4.1.3Any change to the time schedule in Annex 7 [Time Schedule for the Performance of the Services] due to a reasonable request by either party shall be mutually agreed upon in writing. |
4.2 |
4.2.1If the Consultant culpably fails to perform any of the Services within the respective time agreed for such Services, the Consultant shall, except to the extent that the Special Conditions include a stipulation to the contrary, be obliged to pay to the Employer a penalty in an amount of 0.5% of the contract value for every week of delay, subject to an overall cap of 8% of the contract value. Any claims which the Employer may have as a consequence of such delay (if any) shall be deemed to be settled by such payment. The foregoing shall be without prejudice to the Employer’s right of termination pursuant to Paragraph 4.6.2 [Suspension and Termination]. 4.2.2In the case the Consultant has not provided the Services in accordance with the provisions set out in this Consulting Contract to the satisfaction of the Employer and if this has (i) been notified by the Employer to the Consultant and (ii) not been remedied by the Consultant within 21 days upon receipt of such notification, and provided that the Employer has requested payment of a penalty in accordance with Paragraph 4.2.1 [Penalties for Delay and Dissatisfactory Services] above, the Employer and KfW shall be entitled to prohibit the Consultant from mentioning this Project as a reference for future project tenders. |
4.3
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4.3.1In the event of a Force Majeure, the contractual obligations, to the extent affected by such event, shall be suspended for as long as performance remains impossible due to the Force Majeure, provided that one Party receives notification of the Force Majeure event from the other Party within two weeks after its occurrence. Any and all liability of the Consultant for damages arising due to its absence caused by the Force Majeure is excluded, provided that this shall not apply to any damages which the Consultant could have, but has wilfully or negligently not, mitigated in light of the circumstances at that time. 4.3.2In the event of a Force Majeure, the Consultant shall be entitled to an extension of the Completion Period equal to the delay caused by such Force Majeure. If the performance of the Services is rendered permanently impossible by the Force Majeure, or if the Force Majeure event continues for more than 180 days, either Party to this Consulting Contract shall be entitled to terminate the Consulting Contract. 4.3.3In the case of a suspension or termination of the Consulting Contract due to Force Majeure, the Consultant shall be entitled to claim from the Employer payment of: (a)a proportionate amount of the Agreed Remuneration for the Services performed up to the occurrence of the Force Majeure; and (b)all necessary and evidenced expenditures of the Consultant arising from the discontinuing of the Services, in each case in accordance with the principles agreed in Paragraph 5 [Remuneration] and the Special Conditions as well as the principles set out in Paragraph 4.6.4 [Suspension or Termination]. 4.3.4The Consultant must, however, mitigate its loss and deduct any proceeds of such mitigation, which shall include: (a)any remuneration paid to the Consultant in consideration for working on other projects during the time the Consultant was (but for the discontinuation) scheduled to work on the Project; and (b)any remuneration that the Consultant could reasonably have earned in consideration for working on other projects during the time the Consultant was (but for the discontinuation) scheduled to work on the Project, but which the Consultant has not received as a result of the Consultant’s wilful misconduct or negligence. 4.3.5The Consultant shall not have any further payment claims as a consequence of the Force Majeure Event. |
4.4
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4.4.1The Employer may, with the prior written consent of KfW, fully or partially request suspension of the Services or terminate this Consulting Contract, in each case by serving written notice of at least 30 days. In this event, the Consultant must immediately take all measures necessary to ensure that the Services are discontinued and any expenditures minimised. The Consultant shall hand over all reports, drafts and documents to be prepared by the date in question to the Employer. If the suspension continues for more than 180 days, the Consultant may terminate the Consulting Contract. In the case of such termination Paragraph 4.5 [Force majeure] shall apply mutatis mutandis. 4.4.2If the Consultant fails to meet any of its contractual obligations within the agreed time for such obligations, the Employer may serve a notice upon the Consultant and request it to duly perform its Services. If the Consultant fails to remedy the performance deficit within a reasonable time frame as determined by the Employer which shall be, however, not less than 21 days of having been called upon to do so by the Employer, the Employer shall be entitled, after this period has elapsed, to terminate the Consulting Contract by written notice. 4.4.3The Consultant may terminate this Consulting Contract if any amounts due and payable to it under this Consulting Contract have not been reasonably disputed or paid within 60 days after the receipt by the Employer of the corresponding invoice, provided that (i) the Consultant has delivered to the Employer a written reminder within 30 days after the initial 60 days deadline has passed and (ii) the Employer has not paid the due amounts within a further grace period of 30 days upon receipt by it of such reminder. Without prejudice to the right to terminate due to Employer`s nonpayment the Consultant may suspend the performance of this Contract if and for so long as any amounts due and payable under this Consulting Contract have not been reasonably disputed or paid within 60 days after the receipt of the Consultant`s corresponding invoice by the Employer, provided that the Consultant has submitted a written reminder notice to the Employer after the initial 60 days deadline has passed and the Employer does not pay the due amounts within a further period of 21 days after the reminder notice. 4.4.4In the case of a termination or suspension of the Consulting Contract, the Consultant shall be entitled to demand payment of: (a)the due but unpaid proportion of the Agreed Remuneration for the Services performed until the date of termination or suspension; and (b)if the termination or suspension of the Consulting Contract is not caused by a default by the Consultant, all necessary and evidenced expenditures of the Consultant arising from the discontinuing of the Services, provided, however, that the Consultant must mitigate its loss and deduct any proceeds of such mitigation, which shall include: (i) any remuneration paid to the Consultant in consideration for working on other projects during the time the Consultant was (but for the termination or suspension) scheduled to work on the Project; and (ii) any remuneration that the Consultant could reasonably have earned in consideration for working on other projects during the time the Consultant was (but for the termination or suspension) scheduled to work on the Project, but which the Consultant has not received as a result of the Consultant`s wilful misconduct or negligence. 4.4.5If the termination or suspension of the Contract has been caused due to a default of the Consultant, the Employer shall be entitled to demand compensation for any direct damages caused by the default. |
4.5
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4.5.1If the Consultant has breached Paragraph 1.13 [Sanctionable Practice], the Employer may, notwithstanding any sanctions which may be applicable according to the law of the Country or any other legal system, terminate this Consulting Contract in writing with immediate effect. 4.5.2The Employer may also terminate this Consulting Contract in writing with immediate effect if the Declaration of Undertaking submitted by the Consultant [in accordance with Paragraph 1.13.3] is untrue or inaccurate in any respect or if the any obligations thereunder have been breached. |
4.6 |
For the avoidance of doubt, a termination of this Consulting Contract shall not prejudice or affect any rights, claims or obligations of any Party which have arisen before the termination takes effect. Notwithstanding the foregoing, in the case of a termination pursuant to Paragraph 4.7 [Breach of Paragraph 1.13] the Employer shall be entitled, in cooperation with KfW, to request the repayment of any remuneration (in total or in part considering the circumstances of the violations) which has been paid to the Consultant pursuant to this Contract. The burden of proof that a case of termination is given lies with the Employer. |
5Remuneration |
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5.1
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In consideration for the performance of the Services, the Employer shall pay to the Consultant the remuneration as agreed in the Special Conditions subject to the conditions listed therein and the conditions set out below, and subject further to Annex 8 [Cost Calculation and Invoicing Table], depending on the type of Services agreed which may be either (a)lump sum services; or (b)time-based services. |
5.2
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To the extent not otherwise agreed in the Special Conditions, the Employer shall pay the Consultant’s remuneration as follows: (a)An advance payment as set forth in the Special Conditions, but not exceeding 20% of the Contract Value shall be due within 30 days following the date of this Consulting Contract upon presentation of an invoice and against presentation of an advance payment guarantee if required in accordance with the Special Conditions. (b)Instalments shall be paid upon presentation of corresponding invoices with a maximum of one payment per quarter. The first invoice following the advance payment shall not be issued before the expiry of three months following the Commencement Date. (c)The final payment shall be made after the Services have been performed in full and written confirmation has been provided by the Employer to the Consultant and prior written non-objection has been obtained from KfW. |
5.3 |
(a)In case of a lump sum remuneration, payments to the Consultant shall be made in a pre-determined number of instalments as further specified in the Special Conditions. In case the instalments are to be made dependent on milestones, these will be clearly stipulated in the Special Conditions. (b)In case of a time-based remuneration, payments to the Consultant shall be made based on the unit prices set forth in Annex 8 [Cost Calculation and Invoicing Table) as further specified in the Special Conditions. Each invoice shall be accompanied by a list of expenditures based on Annex 8 [Cost Calculation and Invoicing Table]. (c)Other Costs, if any, shall be invoiced together with the agreed instalments. Unless the remuneration for Other Costs is included in the lump sum instalments, the invoices must be accompanied by a list of expenditures based on Annex 8 [Other Cost Calculation and Invoicing Table]. The original documentation evidencing the Other Costs shall be sent to the Employer, unless this Consulting Contract has been entered into pursuant to an agency contract in which case the original documentation shall remain with the Consultant and be delivered to the Employer or (as the case may be) KfW promptly upon request of the Employer. |
5.4 |
(a)The remuneration of the Consultant (including, for the avoidance of doubt, Other Costs, if any) shall not exceed the Contract Value set forth in the Special Conditions. |
5.5
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(a)Payments are made against invoices. The original invoices shall specify (i) the period for which the underlying Services have been performed and (ii) correct banking details and shall be addressed to the Employer. In the case of conclusion of this Consulting Contract pursuant to an agency contract: the Consultant’s invoices (other than the final invoice) shall be addressed to the Employer “c/o KfW”. Except for the final invoice, the Consultant shall send each original invoice to KfW and a copy of each invoice to the Employer directly. The original final invoice is to be addressed to the Employer and KfW will receive a copy. (b)With each invoice the Consultant implicitly declares that the performance and/or costs invoiced have actually incurred and that the lists accompanying the respective invoices are true and complete. |
5.6 Payment Deadline |
(a)Other than in the case of an advance payment or unless otherwise stated in the Special Conditions, payment shall be made within 60 days of presentation of a verifiable invoice by the Consultant to the Employer. (b)If the Employer does not make the payment within the period set out in Paragraph 5.6(a) [Payment Deadline] and the Employer has not raised an objection pursuant to Paragraph 5.7 [Objection to Invoices] within that date, the Employer shall pay to the Consultant a compensation at the rate agreed in the Special Conditions. This shall be calculated on a daily basis from the date on which the relevant amount became due and payable in the currency set out in the Special Conditions. The Consultant shall have no further rights or claims arising from any delay of the Employer. |
5.7 |
Should the Employer object to any invoice of the Consultant (or any aspect or part thereof), the Employer shall notify the Consultant of its intention to withhold payment and shall state the reasons why. If the Employer objects only to a part of an invoice, it shall pay that part of the invoiced amount to which it has not objected within the period specified in Paragraph 5.6 [Payment Deadline]. |
5.8
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For any Services (or parts thereof) that are not remunerated on a lump-sum basis, the Consultant shall maintain up-to-date records that meet professional standards and that clearly and systematically indicate the Services provided and the time and expense involved. The Consultant shall permit the Employer and KfW (as well as their respective advisors and auditors) to audit these records at any time and make copies of them. |
6Liability |
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6.1
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The Consultant shall be liable to the Employer for culpable breaches of its contractual obligations, including, without limitation, of its obligations under Article 3 [The Consultant]. The liability of the Consultant shall be limited to the Contract Value. The foregoing limitation shall not apply in the case of wilful misconduct or gross negligence. |
6.2 |
For the avoidance of doubt, the Consultant shall also be liable for the Services provided by a sub-contractor pursuant to Paragraph 1.8 [Assignment and Sub-contracting]. |
6.3 |
The Consultant’s liability shall terminate according to the law governing the Consulting Contract as set out in the Special Conditions, unless a different point of time has been agreed in the Special Conditions. |
6.4 |
Liability for consequential damages is excluded. |
6.5
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The Employer shall be liable for culpable breaches of its contractual obligations, including, without limitation, of its obligations under Paragraph 2 [The Employer]. |
7Insurance against Liability and Damages / Guarantees |
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7.1
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7.1.1The Consultant shall take out and maintain adequate insurance for the entire duration of the Consulting Contract and on the terms specified in the Special Conditions, including, but not limited to, the following: (a)professional liability insurance; (b)personal liability insurance; (c)equipment insurance covering loss of or physical damage to all equipment acquired, used, provided or paid for by the Employer within the context of this Consulting Contract; and (d)motor vehicle third party liability insurance and motor vehicle comprehensive hull insurance for the vehicles acquired in connection with this Consulting Contract. 7.1.2The costs incurred in connection with the insurance specified in Paragraph 7.1.1 [Insurance Against Liability and Damages] shall be fully compensated by the Agreed Remuneration and may not be charged separately. 7.1.3The Employer shall take out the insurances to the extent agreed in the Special Conditions. |
7.2GGuarantess |
Any guarantees shall be in the form set out in Annex 10 [Form of Advance Payment Guarantee] and shall always be provided as bank guarantees issued in favour of the Employer as beneficiary. They must be acceptable to the Employer and KfW. The original of the guarantee shall be sent to the Employer, with a copy, together with a confirmation of delivery of the original, to be sent to KfW. |
8Disputes and Arbitration Procedure
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8.1xARBITRATION PROCEDURE |
If the Parties do not reach amicable agreement, disputes arising out of or in connection with this Consulting Contract shall finally and exclusively be settled by a single arbitrator appointed and proceeding in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce in Paris. The place of arbitration and the language of the arbitration procedure shall be stipulated in the Special Conditions. |
Part II: Special Conditions
Ad Article 1: General Provisions
Ad 1.1: Definitions
“Completion Period”: The completion period shall be the period starting on the Commencement Date and ending on [●].
“Country”: India
“Project”: Hiring of an agency for Measurement & Verification (M&V) of energy savings including assessment of Environment & Social Safeguard (E&SS) aspects under Energy Efficiency Program of SIDBI through KfW line of credit under Energy Efficiency Programme II, India – Accompanying Measure, BMZ-no.:201970367 as further specified in Annex 3.
“Commencement Date”: [insert date] / the date [falling [●] weeks after]/[of] the entry into force of this Consulting Contract.
Ad 1.4: Communication and Language
The language for notices, instructions, reports and other communications shall be: English
Notices
Address of the Employer
Postal address: The General Manager,
Green Climate Finance Vertical (GCFV),
Small Industries Development Bank of India,
▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇, ▇▇▇▇▇▇▇ ▇▇▇▇,
New Delhi – 110001
Email: ▇▇▇▇@▇▇▇▇▇.▇▇
Phone: ▇▇▇-▇▇▇▇▇▇▇▇
Address of the Consultant
Postal address
Email: [●]
Phone: [●]
Fax:
Tax Residence of the Consultant and all JV Partners:
Address of KfW
Postal
address
▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇ – ▇
▇▇▇▇▇
▇▇▇▇▇▇▇▇▇
▇▇▇▇▇▇▇
[The general address for KfW should be specified or changed according to the project in question]
Email: [●]@▇▇▇.▇▇
Phone: +49 (69) 7431-[●]
Fax: +49 (69) 7431-[●]
Ad 1.5: Governing law
The law governing this Consulting Contract shall be Indian Law.
Ad Article 2: The Employer
Ad 2.2: Decisions and cooperation
Decisions/ discretions/ cooperative actions of the Employer pursuant to Paragraph 2.2 [Decisions/cooperation] must be taken/ exercised/ performed at the latest within thirty [30] days from receipt by the Employer of the respective written request of the Consultant.
Ad 2.6: Contact persons of the Employer
The Employer’s contact persons shall be [●].
Contact details [●].
The Employer’s deputy shall be [●].
Contact details [●].
Ad Article 3: The Consultant
Ad 3.2: Reporting and information: Clause 6,“Deliverables & Payment“ of the ToR Schedule may be reffered in this regard.
Ad 3.4.1: The Consultant’s contact person
The Consultant’s contact person shall be [●].
Contact details [●].
The deputy shall be [●].
Contact details [●].
Ad
3.4.2: The
Consultant’s contact person for cases of emergency
or crisis
The Consultant’s contact person for cases of emergency or crisis shall be [●].
Contact details [●].
The deputy shall be [●].
Contact details [●].
Ad Article 5: Remuneration
Ad 5.1: Forms of Remuneration
In consideration of the Services, the Employer shall pay to the Consultant an amount of
up
to
[●]
in [● currency]
(the “Contract Value”).
In accordance with the Terms of Reference, the Services will be rendered as: Lump sum services
Ad 5.2 (a): General Payment Terms
No advance payment shall be made.
Ad 5.3: Payment Conditions
Payment shall be made corresponding to the submission of deliverables and acceptance of the same by SIDBI, as per the payment schedule as below:
S. No. |
Deliverables |
Activity |
Payment Schedule |
Timelines |
1. |
Share the Measurement Data of Energy Audit of implemented technology in a excel format (at least 2 MSME) Finalisation of Template for M&V and E&SS report and submission (at least 2 MSME) |
Deployment of the TEAM ASAP, Visit the MSME, Measure the required data, Baseline Estimation, calculate energy savings, etc. Consolidate in an excel format and submit. Prepare a template for Measurement & Verification (M&V) Audit and Assessment of Environmental & Social Safeguard (E&SS) Aspects for EE project and submit |
10 % of contract Value |
2 weeks |
2. |
Submit M&V and E&SS report for the identified projects (200 in Nos.) |
Prepare report for each project in an agreed format and acceptance by ▇▇▇▇▇. |
80 % of contract value [10% of contract value for each lot of 25 reports]
|
6 -8 weeks for each lot of 25 reports. |
3. |
Submit Final Report |
Upon consolidate all EE project’s report & submission and acceptance of the same by SIDBI |
10 % of activity cost |
At the end of the assignment as decided by ▇▇▇▇▇ |
Note: The payments shall be made against respective invoices raised towards deliverables submitted by the consultant subject to acceptance of same by SIDBI.
Ad 5.5: Invoicing
The Consultant's invoice shall indicate the BMZ-No. (see Definition of “Project” pursuant to Article 1.1).
Payments may be made to the Consultant directly by KfW according to the direct disbursement procedure if agreed between KfW and the Employer.
Payments shall be made to the following account of the consultant:
Account holder/ Name: [●]
Bank Name: [●]
Branch Address: [●]
Account number: [●]
IFSC Code: [●]
Ad 5.6: Payment deadline
Agreed compensation for overdue payments pursuant to Paragraph 5.6 [Payment Deadline]: [●] per cent per year, in relation to the outstanding amount.
Ad Article 6: Liability
Ad 6.3: The Consultant’s liability shall terminate six (06) months after actual contract completion.
Ad Article 7: Insurance
The insurance coverage against the risks shall be as follows:
(a)Professional liability insurance, with a minimum coverage of one time of the value of the contract.
(b)Third Party motor vehicle liability insurance in respect of motor vehicles operated in the Client’s country by the Consultant or its Experts or Sub-consultants, with a minimum coverage of in accordance with the applicable law;
(c)Third Party liability insurance, with a minimum coverage of in accordance with the applicable law;
(d)employer’s liability and workers’ compensation insurance in respect of the experts and Sub-consultants in accordance with the relevant provisions of the applicable law in the Client’s country, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and
(e)insurance against loss of or damage to (i) equipment purchased in whole or in part with funds provided under this Contract, (ii) the Consultant’s property used in the performance of the Services, and (iii) any documents prepared by the Consultant in the performance of the Services.
Ad Article 8: Disputes and Arbitration Procedure
Ad 8.1: Arbitration Procedure
The place of arbitration shall be New Delhi, India.
The language of the arbitration procedure shall be English.
(Place, date)
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(for the Employer) |
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(for the Consultant)
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List of Annexes
[Note: If one or several of the Annexes are not necessary in the respective Contract, to preserve the integrity of the references please retain the numbering of the Annexes and insert the words “not applicable” in the relevant Annexes.]
Annex no. |
Title |
1 |
Declaration of Undertaking |
2 |
Minutes of Negotiation (if relevant) |
3 |
Terms of Reference plus Tender Documents |
4 |
Guidelines for the Procurement of Consulting Services, Works, Goods, Plant and Non-Consulting Services in Financial Co-operation with Partner Countries (in the version valid on the date the bid was submitted) |
5 |
Staffing Schedule |
6 |
Equipment and Furnishings to be provided by the Employer and Third-party Services Commissioned by the Employer |
7 |
Time Schedule for the Performance of the Services |
8 |
Cost Calculation and Invoicing Table |
9 |
The Consultant’s Bid |
|
|
Annex 1
Declaration of Undertaking
Reference name of the Application/Offer/Contract: ("Contract")10
To: ("Project Executing Agency")
We recognise and accept that KfW only finances projects of the Project Executing Agency (“PEA”)11 subject to its own conditions which are set out in the Funding Agreement it has entered into with the PEA. As a matter of consequence, no legal relationship exists between KfW and our company, our Joint Venture or our Subcontractors under the Contract. The PEA retains exclusive responsibility for the preparation and implementation of the Tender Process and the performance of the Contract.
We hereby certify that neither we nor any of our board members or legal representatives nor any other member of our Joint Venture including Subcontractors under the Contract are in any of the following situations:
2.1) being bankrupt, wound up or ceasing our activities, having our activities administered by courts, having entered into receivership, reorganisation or being in any analogous situation;
2.2) convicted by a final judgement or a final administrative decision or subject to financial sanctions by the United Nations, the European Union or Germany for involvement in a criminal organisation, money laundering, terrorist-related offences, child labour or trafficking in human beings; this criterion of exclusion is also applicable to legal Persons, whose majority of shares are held or factually controlled by natural or legal Persons which themselves are subject to such convictions or sanctions;
2.3) having been convicted by a final court decision or a final administrative decision by a court, the European Union, national authorities in the Partner Country or in Germany for Sanctionable Practice in connection with a Tender Process or the performance of a Contract or for an irregularity affecting the EU’s financial interests (in the event of such a conviction, the Applicant or Bidder shall attach to this Declaration of Undertaking supporting information showing that this conviction is not relevant in the context of this Contract and that adequate compliance measures have been taken in reaction);
2.4) having been subject, within the past five years to a contract termination fully settled against us for significant or persistent failure to comply with our contractual obligations during such Contract performance, unless this termination was challenged and dispute resolution is still pending or has not confirmed a full settlement against us;
2.5) not having fulfilled the applicable fiscal obligations with regard to the payment of taxes at the respective tax residence and in the country of origin of the PEA (contractors based in Annex 1 countries (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇/▇▇/▇▇▇▇▇▇▇▇/▇▇-▇▇▇▇-▇▇-▇▇▇-▇▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇▇/) must submit a fully completed and legally countersigned declaration of tax conformity (Appendix1 to the Declaration of Undertaking) in addition to the Declaration of Undertaking at the time of award of the contract/contract review. This shall become an integral part of the contract. Failure to submit may result in exclusion from the awarding procedure. For contractors based in countries not listed as Annex I countries, only the Declaration of Undertaking must be submitted, and not the declaration of tax conformity);
2.6) being subject to an exclusion decision of the World Bank or any other multilateral development bank and being listed on the website ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇ or respectively on the relevant list of any other multilateral development bank (in the event of such exclusion, the Applicant or Bidder shall attach to this Declaration of Undertaking supporting information showing that this exclusion is not relevant in the context of this Contract and that adequate compliance measures have been taken in reaction); or
2.7) being guilty of misrepresentation in supplying the information required as condition to participation in this Tender Procedure.
We hereby certify that neither we, nor any of the members of our Joint Venture or any of our Subcontractors under the Contract are in any of the following situations of conflict of interest:
3.1) being an affiliate controlled by the PEA or a shareholder controlling the PEA, unless the stemming conflict of interest has been brought to the attention of KfW and resolved to its satisfaction;
3.2) having a business or family relationship with a PEA's staff involved in the Tender Process or the supervision of the resulting Contract, unless the stemming conflict of interest has been brought to the attention of KfW and resolved to its satisfaction;
3.3) being controlled by or controlling another Applicant or Bidder, or being under common control with another Applicant or Bidder, or receiving from or granting subsidies directly or indirectly to another Applicant or Bidder, having the same legal representative as another Applicant or Bidder, maintaining direct or indirect contacts with another Applicant or Bidder which allows us to have or give access to information contained in the respective Applications or Offers, influencing them or influencing decisions of the PEA;
3.4) being engaged in a Consulting Services activity, which, by its nature, may be in conflict with the assignments that we would carry out for the PEA;
3.5) in the case of procurement of Works, Plant or Goods:
having prepared or having been associated with a Person who prepared specifications, drawings, calculations and other documentation to be used in the Tender Process of this Contract;
having been recruited (or being proposed to be recruited) ourselves or any of our affiliates, to carry out works supervision or inspection for this Contract;
If we are a state-owned entity, and compete in a Tender Process, we certify that we have legal and financial autonomy and that we operate under commercial laws and regulations.
We undertake to bring to the attention of the PEA, which will inform ▇▇▇, any change in situation with regard to points 2 to 4 here above.
In the context of the Tender Process and performance of the corresponding Contract:
6.1) neither we nor any of the members of our Joint Venture nor any of our Subcontractors under the Contract have engaged or will engage in any Sanctionable Practice during the Tender Process and in the case of being awarded a Contract will engage in any Sanctionable Practice during the performance of the Contract;
6.2) neither we nor any of the members of our Joint Venture or any of our Subcontractors under the Contract shall acquire or supply any equipment nor operate in any sectors under an embargo of the United Nations, the European Union or Germany; and
6.3) we commit ourselves to complying with and ensuring that our Subcontractors and major suppliers under the Contract comply with international environmental and labour standards, consistent with laws and regulations applicable in the country of implementation of the Contract and the fundamental conventions of the International Labour Organisation12 (ILO) and international environmental treaties. Moreover, we shall implement environmental and social risks mitigation measures when specified in the relevant environmental and social management plans or other similar documents provided by the PEA and, in any case, implement measures to prevent sexual exploitation and abuse and gender based violence.
In the case of being awarded a Contract, we, as well as all members of our Joint Venture partners and Subcontractors under the Contract will, (i) upon request, provide information relating to the Tender Process and the performance of the Contract and (ii) permit the PEA and KfW or an auditor appointed by either of them, and in the case of financing by the European Union also to European institutions having competence under European Union law, to inspect the respective accounts, records and documents, to permit on the spot checks and to ensure access to sites and the respective project.
In the case of being awarded a Contract, we, as well as all our Joint Venture partners and Subcontractors under the Contract undertake to preserve above mentioned records and documents in accordance with applicable law, but in any case for at least six years from the date of fulfillment or termination of the Contract. Our financial transactions and financial statements shall be subject to auditing procedures in accordance with applicable law. Furthermore, we accept that our data (including personal data) generated in connection with the preparation and implementation of the Tender Process and the performance of the Contract are stored and processed according to the applicable law by the PEA and KfW.
Name: In the capacity of:
▇▇▇▇ empowered to sign in the name and on behalf of13:
Signature: Dated:
Declaration of tax conformity – binding confirmation for legal persons
Name of company
I hereby confirm with my signature that:
I am authorised to make this declaration on behalf of the above company;
the company properly pays all taxes in accordance with the tax laws of the country in which the company is domiciled;
the company is not currently nor has been in the past involved in any legal proceedings concerning the taxation of the company;
the company will duly pay taxes that may arise from the provision of contracted services;
all information and statements provided in advance are complete, accurate in terms of content and currently correct.
.............................. ................... .......................................................
(Place) (Date) (Name
of the consultant)
....................................................... (Signature(s))
Declaration of tax conformity – binding confirmation for natural persons
I hereby confirm with my signature that:
I make this declaration in my name/on my own account;
I duly pay taxes that I am obliged to pay under the tax law of my country of residence;
I am not currently involved in tax law court proceedings, nor have I been in the past;
I will duly pay taxes that may arise from the provision of contracted services;
I have filled in all the information and statements of this confirmation in full, accurately in terms of content and that they are up to date at this time.
.............................. ................... .......................................................
(Place) (Date) (Name
of the person)
....................................................... (Signature)
Minutes of Negotiation (if relevant)
Annex 3
Terms of Reference plus Tender Documents
Guidelines for the Procurement of Consulting Services, Works, Goods, Plant and Non-Consulting Services in Financial Co-operation with Partner Countries
(in the version valid on the date the bid was submitted)
Annex 5
Staffing Schedule
(pursuant to the Consultant’s Bid; where applicable in the version subsequently negotiated)
Time Schedule for Delivery of the Services
(pursuant to the Consultant’s Bid; where applicable in the version subsequently negotiated)
Annex 8
Cost Calculation and Invoicing in [INR preferably] |
Package A – Lump Sum Services |
Detailed Cost Calculation – Fees, Transport, Logistics |
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1. Cost towards Remuneration of Experts, allowances, etc. |
Unit |
Quantity |
Lump sum unit rate |
Amount |
1.1 Team Leader |
month |
... |
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1.2 NN |
month |
... |
|
|
1.3 … |
month |
… |
|
|
Sub-total (1) |
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2. Local Travel & Transport Cost |
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2.1 Vehicle lease/rent or use of own vehicles |
month |
... |
|
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2.2 Vehicle O&M incl. driver, insurance, repair |
month |
... |
|
|
2.3 Other local transport (short-term, peak) |
day |
… |
|
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2.4 Local flights |
flight |
... |
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Sub-total (2) |
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3. Project Office |
||||
3.1 Office rent |
month |
... |
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3.2 Office operation |
month |
... |
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Sub-total (3) |
|
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4. Reports and Documents |
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4.1 ... (Type of reports/documents to be stated) |
/doc |
... |
|
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4.2 ... |
... |
... |
|
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Sub-total(4) |
|
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Total /Overall – Fees net, exclusive of taxes and duties (1+2+3+4) |
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The Consultant’s Bid
1 Amounts entered in the ‘Average’ column must be the mathematical average of the amounts entered in the three preceding columns of the same row.
2 The gross inflow of economic benefits (cash, receivables, other assets) generated from the ordinary operating activities of the enterprise (such as sales of goods, sales of Services, interest, royalties, and dividends) during the year.
3 Capitalised terms used, but not otherwise defined in this Declaration of Undertaking have the meaning given to such term in KfW’s “Guidelines for the Procurement of Consulting Services, Works, Goods, Plant and Non-Consulting Services in Financial Cooperation with Partner Countries”.
4 The PEA means the purchaser, the employer, the client, as the case may be, for the procurement of Consulting Services, Works, Plant, Goods or Non-Consulting Services.
5 In case ILO conventions have not been fully ratified or implemented in the Employer’s country the Applicant/Bidder/Contractor shall, to the satisfaction of the Employer and KfW, propose and implement appropriate measures in the spirit of the said ILO conventions with respect to a) workers grievances on working conditions and terms of employment, b) child labour, c) forced labour, d) worker’s organisations and e) non-discrimination.
6 In the case of a JV, insert the name of the JV. The person who will sign the application, bid or proposal on behalf of the Applicant/Bidder shall attach a power of attorney from the Applicant/Bidder.
8 If one or several of the Annexes should not be necessary in the actual Contract, to preserve the integrity of the references please retain the numbering of the Annexes and insert the words “not applicable” in the relevant Annexes.
9 In case there are Minutes of Negotiations pursuant to the Special Conditions between the Parties these Minutes of Negotiations could be attached as an Annex. But in the interests of clear contractual stipulations, instead of including copious minutes of negotiations it is preferable to incorporate the agreed changes directly into the Special Conditions.
10 Capitalised terms used, but not otherwise defined in this Declaration of Undertaking have the meaning given to such term in KfW’s “Guidelines for the Procurement of Consulting Services, Works, Goods, Plant and Non-Consulting Services in Financial Cooperation with Partner Countries”.
11 The PEA means the purchaser, the employer, the client, as the case may be, for the procurement of Consulting Services, Works, Plant, Goods or Non-Consulting Services.
12 In case ILO conventions have not been fully ratified or implemented in the Employer’s country the Applicant/Bidder/Contractor shall, to the satisfaction of the Employer and KfW, propose and implement appropriate measures in the spirit of the said ILO conventions with respect to a) workers grievances on working conditions and terms of employment, b) child labour, c) forced labour, d) worker’s organisations and e) non-discrimination.
13 In the case of a JV, insert the name of the JV. The person who will sign the application, bid or proposal on behalf of the Applicant/Bidder shall attach a power of attorney from the Applicant/Bidder.