STANDARD REQUEST FOR

PROPOSALS

Procurement of Consulting
Services

Royal Government of Bhutan

Ministry of Works and Human Settlement

 CONTENTS

Section 1: Letter of Invitation........................................................................................ 1

Section 2: Instructions to Consultants ........................................................................... 2

Data Sheet.....................................................................18

Section 3. Technical Proposal - Standard Forms ........................................................23

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

Section 5: Terms of Reference (TOR).........................................................................48

Section 6: Standard Forms of Contract ........................................................................54

ANNEX II. Consulting Services: Lump-Sum Contract ...............................................55 

 REQUEST FOR PROPOSALS
RFP # DHS/SGISD/RH-Nganglam/2014-2015

PROJECT NAME / TITLE OF CONSULTING SERVICES:

Topographic Survey
for the
Proposed Regional Hub
at
Nganglam

PROCURING AGENCY:

Department of Human Settlement

Ministry of Works and Human Settlement
Thimphu

(November 2014)
 1
Section I: Letter of Invitation

Section 1: Letter of Invitation

Section 2. Instructions to Consultants 2

Section 2: Instructions to Consultants

Definitions:
(a) Consultant: An individual or a legal entity entering into a Contract to provide
the required Consulting Services.
(b) Consulting Services: Expert services of a professional and/or intellectual
nature, provided by the Consultant based on specialized expertise and skills, in
areas including, but not limited to, preparing and implementing projects,
conducting training, providing technical assistance, conducting research and
analysis, preparing designs, supervising the execution of construction and other
works, undertaking studies, advising Procuring Agencies, building capacity,
preparing tender documents, supervising procurement, and others.

(c) Contract: The formal agreement in writing, including the General Conditions
(GC), the Special Conditions (SC), and the Appendices, entered into between the
Procuring Agency and the Consultant, on acceptable terms and conditions and
which are in compliance with all the relevant provisions of the laws of the Kingdom
of Bhutan, for the provision of the required Consulting Services.

(d) Data Sheet: Such part of the Instructions to Consultants used to reflect
specific assignment conditions.

(e) Day: A calendar day.

(f) Government: Royal Government of Bhutan (RGoB).

(g) Instructions to Consultants (Section 2 of the RFP): The document which

provides the shortlisted Consultants with all the information needed to prepare
their Proposals.

(h) In Writing: Communicated in written form (eg by mail, electronic mail, fax,
telex) with proof of receipt.

(i) LOI (Section 1 of the RFP): The Letter of Invitation being sent by the
Procuring Agency to the shortlisted Consultants.

(j) Personnel: Professional and support staff provided by the Consultant or by

any Sub-Consultant and assigned to perform the Services or any part thereof;
“Foreign Personnel” means such professional and support staff who at the time of
being so provided have their domicile outside Bhutan; “Local Personnel” means
such professional and support staff who at the time of being so provided have their
domicile inside Bhutan.

(k) Procuring Agency: RGoB agency with which the selected Consultant signs
the Contract for the Services.

(l) Proposal: The Technical Proposal and the Financial Proposal.

(m) RFP: The Request for Proposal to be prepared by the Procuring Agency for
the selection of Consultants, based on the SRFP.
(n) SRFP: The Standard Request for Proposals, which must be used by the
Procuring Agency as a guide for the preparation of the RFP.
(o) Services: The work to be performed by the Consultant pursuant to the
Contract.
(p) Sub-Consultant: Any person or entity to whom/which the Consultant
Section 2. Instructions to Consultants 3

subcontracts any part of the Services.

(q) Terms of Reference (TOR): The document included in the RFP as Section 5
which defines the objectives, goals, scope of work, activities, tasks, responsibilities
of the Procuring Agency and the Consultant, required outputs and results of the
assignment, as well as background information (including a list of existing relevant
studies and basic data) to facilitate the Consultants’ preparation of their proposals.

1 Introduction 1.1 The Procuring Agency named in the Data Sheet will select a consulting
firm/organisation (the Consultant) from those listed in the Letter of
Invitation1 in accordance with the method of selection specified in the
Data Sheet.

1.2 The shortlisted Consultants are invited to submit a Technical Proposal

and a Financial Proposal, or a Technical Proposal only, as specified in
the Data Sheet, for Consulting Services required for the assignment
named in the Data Sheet. The Proposal will be the basis for contract
negotiations and ultimately for a signed Contract with the selected
Consultant.

1.3 Consultants should familiarize themselves with local conditions and

take these into account in preparing their Proposals. To obtain first-
hand information on the assignment and local conditions, Consultants
are encouraged to attend a pre-proposal meeting if one is specified in
the Data Sheet. Attending the pre-proposal meeting is optional.
Consultants should contact the Procuring Agency’s representative
named in the Data Sheet to obtain additional information on the pre-
proposal meeting. Consultants should ensure that this official is advised
of the proposed attendance at the meeting in adequate time to allow
them to make appropriate arrangements.

1.4 The Procuring Agency will provide in timely fashion and at no cost to
the Consultant the inputs and facilities specified in the Data Sheet,
assist the Consultant in obtaining licenses and permits needed to carry
out the Services, and make available relevant project data and reports.

1.5 Consultants shall bear all costs associated with the preparation and
submission of their proposals and contract negotiation. The Procuring
Agency is not bound to accept any proposal, and reserves the right to
annul the selection process at any time prior to Contract award, without
thereby incurring any liability to the Consultants.

2 Conflict 2.1The Procuring Agency and the RGoB requires that Consultants provide
of professional, objective and impartial advice, and at all times hold the
Interest Procuring Agency’s interests paramount, strictly avoid conflicts with other
assignments or their own corporate interests, and act without any
consideration for future work. Without limitation on the generality of the
foregoing Consultants, and any of their affiliates, shall be considered to
have a conflict of interest, and shall not be recruited, under any of the
circumstances set forth below:

a) Conflicting Activities:
A firm that has been engaged by the Procuring Agency to provide goods,
works or services other than Consulting Services for a project, and any of
its affiliates, shall be disqualified from providing Consulting Services related
to those goods, works or services. A firm hired to provide Consulting
Services for the preparation or implementation of a project, and any of its

1
Only if Expression of Interest has taken place.
Section 2. Instructions to Consultants 4

affiliates, shall be disqualified from subsequently providing goods or works

or services resulting from or directly related to the firm’s Consulting
Services for such preparation or implementation. For the purposes of this
paragraph, services other than Consulting Services are defined as those
leading to a measurable physical output, for example surveys, exploratory
drilling, aerial photography, and satellite imagery.

(b) Conflicting Assignments:

A Consultant, including its Sub-Consultants, affiliates and the Personnel of

any of the foregoing, shall not be hired for any assignment that, by its
nature, may be in conflict with another assignment of the Consultant to be
executed for the same or for another Procuring Agency. For example, a
Consultant hired to prepare engineering design for an infrastructure project
shall not be engaged to prepare an independent environmental assessment
for the same project, and a Consultant assisting a Procuring Agency in the
privatization of public assets shall not purchase, nor advice purchasers of,
such assets. Similarly, a Consultant hired to prepare Terms of Reference
for an assignment, or otherwise to provide any other services during the
preparatory stages of the assignment or of the project of which the
assignment forms a part, shall not be hired for the assignment in question

(c) Conflicting Relationships:

(aa) A Consultant, including its Sub-Consultants, affiliates and the

Personnel of any of the foregoing, that has a business
relationship with a member of the Procuring Agency’s staff
who is directly or indirectly involved in any part of (i) the
preparation of the Terms of Reference of the assignment, (ii)
the selection process for such assignment, or (iii) supervision
of the Contract, may not be awarded a Contract, unless the
conflict stemming from this relationship has been resolved in a
manner acceptable to the Procuring Agency throughout the
selection process and the execution of the Contract.

(bb) A Consultant, including its Sub-Consultants, affiliates and the

Personnel of any of the foregoing, that employs or otherwise
engages a spouse, dependent or close relative of a public
servant of the RGoB who either is employed by the Procuring
Agency or has an authority over it also shall not be eligible to
be awarded a Contract. For the purposes of this sub-
paragraph, a close relative is defined as immediate family
which includes father, mother, brother, sister, spouse and own
children.

2.2 Consultants have an obligation to disclose any situation of actual or

potential conflict that impacts their capacity to serve the best
interests of the Procuring Agency, or that may reasonably be
perceived as having this effect. Failure to disclose said situations
may lead to the disqualification of the Consultant or the termination
of its Contract.

2.3 When the Consultant nominates any present or previous

government employee as Personnel in its Technical Proposal, such
Personnel must have written certification from the Royal Civil
Service Commission of Bhutan or their employer confirming that:

(a) they are not current employees of the Procuring Agency, and
Section 2. Instructions to Consultants 5

(b) they are on leave without pay from their official position, and

(c) they are allowed to work full-time outside of their previous

official position.

Such certification(s) shall be provided to the Procuring Agency by

the Consultant as part of its Technical Proposal.

2.4 When the Consultant nominates any former employee of the Procuring
Agency as Personnel in its Technical Proposal it must ensure, and so
certify in its Technical Proposal, that no conflict of interest exists in the
scope of the former employee’s inclusion within the Consultant’s Personnel
being proposed to provide the Services.

3 Unfair 3.1 If a Consultant could derive a competitive advantage from having

Advantage provided Consulting Services related to the assignment in question, the
Procuring Agency shall make available to all Consultants together with this
RFP all information that would in that respect give such Consultant any
competitive advantage over competing Consultants.

4 Fraud and 4.1 It is RGoB policy to require that Consultants, their Sub-Consultants
Corruption and the Personnel of them both observe the highest standards of
ethics during the procurement and execution of contracts.2 In
pursuance of this policy, the RGoB:

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

(i) “corrupt practice”3 means the offering, giving, receiving or

soliciting, directly or indirectly, of anything of value4 to
influence improperly the actions of another party;

(ii) “fraudulent practice”5 means any intentional act or

omission, including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party to
obtain a financial or other benefit or to avoid an obligation;
6
(iii) “collusive practice” means an arrangement between two
or more parties designed to achieve an improper purpose,
including to influence improperly the actions of another
party;

(iv) “coercive practice”7 means impairing or harming, or

threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence improperly

2
In this context, any action taken by a Consultant, Sub-Consultant or the Personnel of either of them to influence the procurement
process or contract execution for undue advantage is improper.
3
“another party” refers to a public official acting in relation to the procurement process or contract execution. In this context, “public
official” includes staff and employees of any organizations (including any institutions providing finance for the Services) taking or
reviewing procurement decisions.
4
“anything of value” includes, but is not limited to, any gift, loan, fee, commission, valuable security or other asset or interest in an
asset; any office, employment or contract; any payment, discharge or liquidation of any loan, obligation or other liability whatsoever,
whether in whole or in part; any other services, favour or advantage, including protection from any penalty or disability incurred or
apprehended or from any action or proceeding of a disciplinary or penal nature, whether or not already instituted and including the
exercise or the forbearance from the exercise of any right or any official power or duty.
5
a “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or contract execution; and
the “act or omission” is intended to influence the procurement process or contract execution.
6
“parties” refers to participants in the procurement process (including public officials) and an “improper purpose” includes attempting
to establish proposal prices at artificial, non competitive levels.
7
a “party” refers to a participant in the procurement process or contract execution.
Section 2. Instructions to Consultants 6

the actions of a party;

(v) "obstructive practice" means:

(aa) deliberately destroying, falsifying, altering or

concealing of evidence material to the investigation
or making false statements to investigators in order
materially to impede any investigation into
allegations of a corrupt, fraudulent, coercive or
collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing
its knowledge of matters relevant to the
investigation or from pursuing the investigation; or

(bb) acts intended materially to impede the exercise of

the inspection and audit rights of the Procuring
Agency or any organization or person appointed by
the Procuring Agency and/or any relevant RGoB
agency provided for under sub-paragraph (d) below
of this paragraph 4.1.

(b) will reject a proposal for award if it determines that the

Consultant recommended for award has, directly or through an
agent, engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices in competing for the contract in question;

(c) will sanction a Consultant or individual, including declaring them

ineligible, either indefinitely or for a stated period of time, to be
awarded an RGoB-financed contract if at any time it determines
that they have, directly or through an agent, engaged in corrupt,
fraudulent, collusive, coercive or obstructive practices in competing
for, or in executing, an RGoB-financed contract;

(d) will have the right to require that a provision be included in

Requests for Proposals and in contracts financed by the RGoB,
requiring Consultants and their Sub-Consultants to permit the
Procuring Agency, any organisation or person appointed by the
Procuring Agency and/or any relevant RGoB agency to inspect
their accounts and records and other documents relating to their
submission of proposals and contract performance, and to have
them audited by auditors appointed by the Procuring Agency;

(e) requires that Consultants, as a condition of admission to

eligibility, execute and attach to their Proposals an Integrity Pact
Statement in the form provided in Form TECH-10 of Section 3
asspecified in ITC. Failure to provide a duly executed Integrity Pact
Statement may result in disqualification of the Proposal; and

(f) will report any case of corrupt, fraudulent, collusive, coercive or

obstructive practice to the relevant RGoB agencies, including
but not limited to the Anticorruption Commission (ACC) of
Bhutan, for necessary action as per the statutes and
provisions of the relevant agency.
4.2 Consultants, their Sub-Consultants, and their affiliates shall not be
under a declaration of ineligibility for corrupt, fraudulent, collusive, coercive
or obstructive practices issued by the Procuring Agency in accordance with
the above sub-paragraph (c) of this paragraph 4.1. Furthermore,
Consultants shall be aware of the provisions on fraud and corruption stated
in the specific clauses in the General Conditions of Contract.

4.3 Consultants shall furnish information on commissions and gratuities, if

Section 2. Instructions to Consultants 7

any, paid or to be paid to agents relating to this proposal and during

execution of the assignment if the Consultant is awarded the Contract, as
requested in the Financial Proposal Submission Form (Section 4).

5 Origin of 5.1 Goods supplied and Consulting Services provided under the Contract
Goods and may originate from any country except if:
Consulting
Services (a) as a matter of law or official regulation, RGoB prohibits
commercial relations with that country; or

(b) by an act of compliance with a decision of the United

Nations Security Council taken under Chapter VII of the Charter of
the United Nations, Bhutan prohibits any imports of goods or
services from that country or any payments to persons or entities in
that country.

6 Only one 6.2 A Consultant may only submit one proposal. If a Consultant
Proposal per submits or participates in more than one proposal, such proposals
Consultant shall be disqualified. However, this does not limit the participation of
the same Sub-Consultant, including individual experts, in more than
one proposal.

7 Proposal 7.2 The Data Sheet indicates how long Consultants’ Proposals must
Validity remain valid after the submission date. During this period,
Consultants shall maintain the availability of Professional staff
nominated in the Proposal. The Procuring Agency will make its best
efforts to complete negotiations within this period. Should the need
arise, however, the Procuring Agency may request Consultants in
writing to extend the validity period of their proposals. Consultants
who agree to such extension shall confirm in writing that they
maintain the availability of the Professional staff nominated in the
Proposal or, in their confirmation of extension of validity of the
Proposal, Consultants could submit new staff in replacement who
would be considered in the final evaluation for Contract award.
Consultants who do not agree have the right to refuse to extend the
validity of their Proposals.

8 Eligibility of
Sub- 8.2 In case a shortlisted Consultant intends to associate with other
Consultants Consultants who have not been shortlisted and/or individual
expert(s), such other Consultants and/or individual expert(s) shall
be subject to the same eligibility criteria as are stipulated for the
Consultant.

9 Exclusion of 9.2 A Consultant and any Sub-consultant shall not be permitted to

Consultant submit a proposal or to be awarded a Contract under any of the
or Sub- following circumstances:
Consultants
(a) it is insolvent or is in receivership or is a bankrupt or is in the
process of being wound up, or has entered into an arrangement with
creditors; or
(b) its affairs are being administered by a court, judicial officer or by an
appointed liquidator; or
(c) it has suspended business, or is in any analogous situation arising
from similar procedures under the laws and regulations of its country of
establishment; or
(d) it has been found guilty of professional misconduct by a recognized
tribunal or professional body; or
(e) it has not fulfilled its obligations with regard to the payment of taxes,
social security or other payments due in accordance with the laws of
Section 2. Instructions to Consultants 8

the country in which it is established or of the Kingdom of Bhutan; or

(f) it is or has been guilty of serious misrepresentation in supplying
information in its tender or in the prior process leading to it being
classified as a shortlisted Consultant; or
(g) it has been convicted for fraud and/or corruption by a competent
authority; or
(h) it has not fulfilled any of its contractual obligations with the Procuring
Agency in the past; or
(i) he has been debarred from participation in public procurement by
any competent authority as per law.

10 Contents,
10.2 The RFP document comprises:
Clarification
and
Section 1 - Letter of Invitation
Amendment
Section 2 - Instructions to Consultants (including Data Sheet)
of the RFP
Section 3 - Technical Proposal - Standard Forms
Document
Section 4 - Financial Proposal - Standard Forms
Section 5 - Terms of Reference
Section 6 - Standard Forms of Contract
10.3 Consultants may request a clarification of any part of the RFP
document up to the number of days indicated in the Data Sheet
before the proposal submission date. Any request for clarification
must be sent in writing to the Procuring Agency’s address indicated
in the Data Sheet. The Procuring Agency will respond in writing,
and will send written copies of the response (including an
explanation of the query but without identifying the source of the
inquiry) to all Consultants. Should the Procuring Agency deem it
necessary to amend the RFP as a result of a clarification, it shall do
so following the procedure under paragraph 10.4 below;
10.4 A pre-proposal meeting will be conducted only if strictly necessary
to clarify doubts and concerns of the shortlisted Consultants prior to
submission of proposals. Minutes of the pre-proposal meeting shall
be circulated to all shortlisted Consultants.

10.4 At any time before the submission of Proposals the Procuring

Agency may amend the RFP by issuing an addendum in writing.
The addendum shall be sent to all shortlisted Consultants and will
be binding on them. Consultants shall acknowledge receipt of all
addenda before the final date and time established for the
submission of Proposals. To give Consultants reasonable time in
which to take an addendum into account in their Proposals the
Procuring Agency may, if the addendum is substantial, extend the
deadline for the submission of Proposals.
11 Preparation of 11.2 The Proposal, as well as all related correspondence exchanged by
Proposals the Consultant and the Procuring Agency, shall be written in the
language specified in the Data Sheet.

11.3 In preparing their Proposals, Consultants are expected to examine

in detail the documents comprising the RFP. Material deficiencies
in providing the information requested may result in rejection of a
Proposal.

11.4 While preparing the Technical Proposal, Consultants must pay

particular attention to the following:

(a) If a shortlisted Consultant considers that it may enhance its

Section 2. Instructions to Consultants 9

expertise for the assignment by associating with other Consultants

in a joint venture/consortium/association or sub-consultancy it may
associate with either (a) non-shortlisted Consultant(s), or (b)
shortlisted Consultants, if so indicated in the Data Sheet. A
shortlisted Consultant must first obtain the approval of the
Procuring Agency if it wishes to enter into a joint
venture/consortium/association with non-shortlisted or shortlisted
Consultant(s). In the case of a joint venture/consortium/association
with non-shortlisted Consultant(s), the shortlisted Consultant shall
act as joint venture/consortium/association leader. In the case of a
joint venture/consortium/association, all partners shall be jointly and
severally liable and shall indicate who will act as the leader of the
joint venture/consortium/association.

(b) The estimated number of Professional staff-months or the

budget for executing the assignment shall be shown in the Data
Sheet, but not both. However, the Proposal shall be based on the
number of Professional staff-months or the budget estimated by the
Consultant.

(c) For fixed-budget-based assignments, the available budget is

given in the Data Sheet, and the Financial Proposal shall not
exceed this budget, while the estimated number of Professional
staff-months shall not be disclosed.

(d) Alternative professional staff shall not be proposed, and only

one curriculum vita (CV) may be submitted for each position.

12 Language 12.2 Documents to be issued by the Consultant as part of this

assignment must be in the language specified in the Data Sheet.

13 Technical 13.1 Depending on the nature of the assignment, Consultants are required
Proposal to submit a Full Technical Proposal (FTP), or a Simplified Technical
Format and Proposal (STP). The Data Sheet indicates the format of the Technical
Content Proposal to be submitted. Submission of the wrong type of Technical
Proposal will result in the Proposal being deemed non-responsive. The
Technical Proposal shall provide the information indicated in the following
paragraphs from (a) to (i) using the attached Standard Forms (Section 3).
Paragraph (c) (ii) indicates the recommended number of pages for the
description of the approach, methodology and work plan of the STP. A
page is considered to be one printed side of A4 or letter size paper.

(a) (i) For the FTP only, a brief description of the Consultant’s
organization and an outline of the recent experience of the Consultant on
assignments of a similar nature is required in Form TECH-2 of Section 3. In
the case of a joint venture/consortium/association, this information should
be provided for each partner. For each assignment, the outline should
indicate the names of Sub-Consultants/Professional staff who participated,
the duration of the assignment, the Contract amount, and the Consultant’s
involvement. Information should be provided only for those assignments for
which the Consultant was legally contracted by the Procuring Agency as a
corporation or as one of the major firms within a joint
venture/consortium/association. Assignments completed by individual
Professional staff working privately or through other consulting firms cannot
be claimed as the experience of the Consultant, or that of the Consultant’s
associates, but can be claimed by the Professional staff themselves in their
CVs. Consultants should be prepared to substantiate the claimed
experience if so requested by the Procuring Agency .

(ii) For the STP, the above information is not required and Form
Section 2. Instructions to Consultants 10

TECH-2 of Section 3 shall not be used.

(b) (i) For the FTP only, comments and suggestions on the Terms of
Reference including workable suggestions that could improve the
quality/effectiveness of the assignment; and on requirements for counterpart
staff and facilities including: administrative support, office space, local
transportation, equipment, data, etc. to be provided by the Procuring Agency
(Form TECH-3 of Section 3).

(ii) For the STP, Form TECH-3 of Section 3 shall not be used; the above
comments and suggestions, if any, should be incorporated into the description
of the approach and methodology (refer to following sub-paragraph 12.1 (c)
(ii)).

(c) (i) For the FTP and STP, a description of the approach, methodology
and work plan for performing the assignment and covering the following
subjects: technical approach and methodology, work plan, and organization
and staffing schedule. Guidance on the content of this section of the
Technical Proposals is provided under Form TECH-4 of Section 3. The
work plan should be consistent with the Work Schedule (Form TECH-8 of
Section 3), which shall also be provided and which will show in the form of
a bar chart the timing proposed for each activity.

(ii) For the STP only, the description of the approach, methodology
and work plan should normally consist of 10 pages, including charts,
diagrams, comments and suggestions, if any, on the Terms of Reference,
counterpart staff and facilities.

(d) The list of the proposed Professional staff team by area of expertise,
the position that would be assigned to each staff team member, and their
tasks (Form TECH-5 of Section 3).

(e) Estimates of the staff input (staff-months of foreign and local

professionals) needed to carry out the assignment (Form TECH-7 of
Section 3). The staff-months input should be indicated separately for home
office and field activities, and for foreign and local Professional staff.

(f) CVs of the Professional staff signed by the staff themselves or by the
authorized representative of the Professional Staff (Form TECH-6 of
Section 3). CVs shall be supported by at least two references from past
client.

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

(h) Any drawings and/or specifications that form part of the Technical
Proposal (FORM TECH-9 of Section 3).

(i) Duly executed Integrity Pact Statement (FORM TECH-10 of Section 3).

13.2 The Technical Proposal shall not include any financial information. A
Technical Proposal containing financial information may be declared
non-responsive.
14 Financial 14.2 The Financial Proposal shall be prepared using the attached
Proposals Standard Forms (Section 4). It shall list all costs associated with the
assignment, including (a) remuneration for staff (foreign and local,
in the field and at the Consultant’s home office), and (b)
Section 2. Instructions to Consultants 11

reimbursable expenses indicated in the Data Sheet. If appropriate,

these costs should be broken down by activity and, if also
appropriate, into foreign and local expenditures. All activities and
items described in the Technical Proposal must be priced
separately; activities and items described in the Technical Proposal
but not priced shall be assumed to be included in the prices of other
activities or items.

14.3 In case of Foreign Consultants (as individual or as a firm), the

consultant may express the price of their services in a maximum of
three freely convertible foreign currencies, singly or in combination.
The Procuring Agency may require Consultants to state the portion
of their price representing local costs in Ngultrum (BTN) if so
indicated in the Data Sheet.

14.4 Commissions and gratuities, if any, paid or to be paid by

Consultants and related to the assignment will be listed in the
Financial Proposal Form FIN-1 of Section 4.

15 Taxes 15.2 The Consultant may be subject to local taxes (such as value added
or sales tax, social charges or income taxes on non-resident
Foreign Personnel, duties, fees, levies, etc) on amounts payable by
the Procuring Agency under the Contract. The Procuring Agency
will state in the Data Sheet if the Consultant is subject to payment
of any local taxes. Any such amounts shall not be included in the
Financial Proposal as they will not be evaluated, but they will be
discussed at contract negotiations, and applicable amounts will be
included in the Contract.

16 Sealing & 16.1 The original proposal (Technical Proposal and, if required, Financial
Submission Proposal) shall contain no interlineations or overwriting, except as
of Proposals necessary to correct errors made by the Consultant itself. The person who
signed the Proposal must initial such corrections. Submission letters for the
Technical and Financial Proposals shall respectively be in the format of
TECH-1 of Section 3, and FIN-1 of Section 4.

16.2 An authorized representative of the Consultant shall initial all pages of

the original Technical and Financial Proposals. The authorization shall be in
the form of a written power of attorney accompanying the Proposal or in
any other form demonstrating that the representative has been duly
authorized to sign. The signed Technical and Financial Proposals shall be
marked “ORIGINAL”.

16.3 The Technical Proposal shall be marked “ORIGINAL” or “COPY” as

appropriate. The Technical Proposals shall be sent to the addresses
referred to in paragraph 16.8 and in the number of copies indicated in the
Data Sheet. All required copies of the Technical Proposal are to be made
from the original. If there are discrepancies between the original and the
copies of the Technical Proposal, the original shall govern.

16.4 The original and all copies of the Technical Proposal shall be placed in
a sealed envelope clearly marked “TECHNICAL PROPOSAL” Similarly, the
original Financial Proposal (if required under the selection method indicated
in the Data Sheet) shall be placed in a sealed envelope clearly marked
“FINANCIAL PROPOSAL” followed by the reference number and name of the
assignment, and with a warning “DO NOT OPEN WITH THE TECHNICAL
PROPOSAL.” The envelopes containing the Technical and Financial
Proposals shall be placed into an outer envelope and sealed. This outer
envelope shall bear the submission address, reference number and title of
the assignment, and be clearly marked “CONFIDENTIAL – DO NOT OPEN,
EXCEPT IN THE PRESENCE OF THE APPOINTED OPENING OFFICIAL(S), BEFORE
Section 2. Instructions to Consultants 12

[insert the time and date of the submission deadline indicated in the Data
Sheet]”. The Procuring Agency shall not be responsible for misplacement,
loss or premature opening if the outer envelope is not sealed and/or
marked as stipulated. This circumstance may be case for Proposal
rejection. If the Financial Proposal is not submitted in a separate sealed
envelope duly marked as indicated above, this will constitute grounds for
declaring the Proposal non-responsive.

16.5 All inner envelopes shall:

(a) be signed across their seals by the person authorized to sign

the Proposal on behalf of the Consultant; and

(b) be marked “ORIGINAL” or “COPIES”; and

(c) indicate the name and address of the Consultant to enable the
Proposal to be returned unopened in case it is declared late
pursuant to paragraph 16.8 hereunder.

16.6 All inner and outer envelopes shall be sealed with adhesive or other
sealant which will prevent re-opening.

16.7 The Proposals shall be delivered by hand or by registered post in

sealed envelopes to the address/addresses indicated in the Data Sheet and
received by the Procuring Agency no later than the time and the date
indicated in the Data Sheet, or any extension to this date in accordance
with paragraph 10.4. Any proposal received by the Procuring Agency after
the deadline for submission shall be returned unopened.

17 Withdrawal and 17.1 A Consultant may withdraw or substitute its Proposal after it has been
Substitution submitted by sending a written notice in accordance with paragraph
of Proposals 16, duly signed by an authorized representative, and shall include a
copy of the authorization (the power of attorney) in accordance with
paragraph 16.2. Any substitution of a Proposal must accompany
the respective written substitution notice. All notices must be:

(a) submitted in accordance with paragraph 16 above (except that

withdrawal notices do not require copies), and in addition, the
respective envelopes shall be clearly marked “WITHDRAWAL” or
“SUBSTITUTION” and

(b) received by the Procuring Agency prior to the deadline

prescribed for submission of Proposals, in accordance with
paragraph 16.7.

17.2 Proposals requested to be withdrawn in accordance with paragraph

17.1 shall be returned unopened to the Consultants.

17.3 No Proposal may be withdrawn or substituted in the interval between

the deadline for submission of Proposals and the expiry of the period of
Proposal validity specified by the Consultant in its Proposal or any
extension thereof. Any such withdrawal shall result in the debarment by
competent authority as per law.

18 Opening of 18.2 Immediately after the closing date and time for submission of
Proposals Proposals any envelopes marked “Withdrawal” and accompanied
by a properly authorized withdrawal notice shall be put aside, and
stored safely and securely ready for return to the Consultant.

18.3 The Procuring Agency then shall open all remaining Technical
Proposals, including any substitutions accompanied by a properly
Section 2. Instructions to Consultants 13

authorized substitution notice. The Financial Proposals shall remain

sealed and securely stored.

19 Evaluation to be 19.2 From the time the Proposals are opened to the time the Contract is
Confidential awarded, the Consultant shall not contact the Procuring Agency on
any matter related to its Technical and/or Financial Proposal. Any
effort by any Consultant to influence the Procuring Agency in the
examination, evaluation, ranking of Proposals, and
recommendation for Award of Contract may result in the rejection of
the Consultant’s Proposal.

19.3 After the opening of Proposals, information concerning the

Proposal documents or any part of the contents thereof shall not be
released to any person or party that is not a member of the
Proposal Evaluation Committee.

19.4 The evaluation proceedings shall be kept confidential at all times

until the award of Contract is announced.

19.5 Evaluators of Technical Proposals shall have no access to the

Financial Proposals until the technical evaluation is concluded.

20 Evaluation of 20.1 The Evaluation Committee shall evaluate the Technical Proposals on
Technical the basis of their responsiveness to the Terms of Reference, applying the
Proposals evaluation criteria, sub-criteria and points system specified in the Data
Sheet. Each responsive Proposal will be given a technical score (St). A
Proposal shall be rejected at this stage if it does not respond to important
aspects of the RFP, particularly the Terms of Reference, or if it fails to
achieve the minimum technical score indicated in the Data Sheet.

20.2 Following the ranking of Technical Proposals, when selection is based

on quality only (QBS), the first ranked Consultant shall be invited to
negotiate its proposal and the Contract in accordance with the instructions
given under paragraphs 23 to 26 of these Instructions.

21 Public Opening 21.2 After the technical evaluation is completed, the Procuring Agency
and Evaluation shall inform the Consultants who have submitted proposals the
of Financial technical scores obtained by their Technical Proposals, and shall
Proposals (only notify those Consultants whose Proposals did not meet the
for QCBS, FBS, minimum qualifying mark, or were considered non responsive to the
and LCS) RFP and TOR, that their Financial Proposals will be returned
unopened after completing the selection process. The Procuring
Agency shall simultaneously notify in writing those Consultants that
have secured the minimum qualifying mark, the date, time and
location for opening the Financial Proposals. The opening date
shall allow Consultants sufficient time to make arrangements for
attending the opening. Consultants’ attendance at the opening of
Financial Proposals is optional.

21.3 Financial Proposals shall be opened publicly in the presence of the

Consultants’ representatives who choose to attend. The names of
the Consultants and their technical scores shall be read aloud. The
Financial Proposals of the Consultants who met the minimum
qualifying mark will then be inspected to confirm that they have
remained sealed and unopened. These Financial Proposals shall
be then opened, and the following information read out and
recorded:

(a) name of the Consultant;

Section 2. Instructions to Consultants 14

(b) points awarded to the Technical Proposal; and

(c) total price of the Financial Proposal.

The prices also shall be written on a notice board for the public to
copy.

21.3 The Procuring Agency shall prepare a record of the opening of the
Financial Proposals, which shall include the information disclosed to
those present in accordance with paragraph 21.2 above. The
minutes shall include, as a minimum:

(a) the assignment title and reference number;

(b) the date, time and place of opening of the Financial Proposals;

(c) the prices offered by the Consultants;

(d) the name and nationality of each Consultant;

(e) the names of attendees at the opening of the Financial Proposals,

and of the Consultants they represent;

(f) details of any complaints or other comments made by Consultants’

representatives attending the opening of the Financial Proposals,
including the names and signatures of the representatives making
the complaint(s) and/or comment(s); and

(g) the names, designations and signatures of the members of the

Proposal Opening Committee.

The Consultants’ representatives who are present shall be requested

to sign the record. The omission of a representative’s signature on
the record shall not invalidate the contents and effect of the record. A
copy of the record shall be distributed to all Consultants who
submitted Proposals.

21.4 The Evaluation Committee will correct any computational errors. When
correcting computational errors, in case of any discrepancy between a
partial amount and the total amount, or between words and figures, the
formers shall prevail. In addition to the above corrections, as indicated
under paragraph 14.1, activities and items described in the Technical
Proposal but not priced shall be assumed to be included in the prices of
other activities or items. In case an activity or line item is quantified in the
Financial Proposal differently from the Technical Proposal:

(a) if the Time-Based form of Contract has been included in the

RFP, the Evaluation Committee shall correct the quantification
indicated in the Financial Proposal so as to make it consistent with
that indicated in the Technical Proposal, apply the relevant unit
price included in the Financial Proposal to the corrected quantity
and correct the total Proposal cost, and

(b) if the Lump-Sum form of Contract has been included in the RFP,
no corrections are applied to the Financial Proposal in this respect.

Prices shall be converted to a single currency using the selling

rates of exchange, source and date indicated in the Data Sheet.

21.5 In the case of QCBS, the lowest evaluated Financial Proposal (Fm)
will be given the maximum financial score (Sf) of 100 points. The financial
Section 2. Instructions to Consultants 15

scores (Sf) of the other Financial Proposals will be computed as indicated

in the Data Sheet. Proposals will be ranked according to their combined
technical (St) and financial (Sf) scores using the weights (T = the weight
given to the Technical Proposal; P = the weight given to the Financial
Proposal; T + P = 1) indicated in the Data Sheet: S = St x T% + Sf x P%.
The firm achieving the highest combined technical and financial score will
be invited for negotiations.

21.6 In the case of Fixed-Budget Selection, the Procuring Agency will select
the firm that submitted the highest ranked Technical Proposal within the
budget. Proposals that exceed the indicated budget will be rejected. In the
case of Least-Cost Selection, the Procuring Agency will select the lowest
proposal among those that passed the minimum technical score. In both
cases the evaluated proposal price according to paragraph 21.5 shall be
considered, and the selected firm invited for negotiations.

22 Negotiations 22.1 Negotiations will be held at the date and address indicated in the Data
Sheet. The invited Consultant will, as a pre-requisite for attendance at the
negotiations, confirm availability of all Professional staff. Failure to satisfy
this requirement may result in the Procuring Agency proceeding to
negotiate with the next-ranked Consultant. Representatives conducting
negotiations on behalf of the Consultant must have written authority to
negotiate and conclude a Contract.

23 Technical 23.1 Negotiations will include a discussion of the Technical Proposal, the
Negotiations proposed technical approach and methodology, work plan, organization
and staffing, any suggestions made by the Consultant to improve the Terms
of Reference, and the Special Conditions of Contract. The Procuring
Agency and the Consultant will finalize the Terms of Reference, staffing
schedule, work schedule, logistics and reporting. These documents will
then be incorporated into the Contract as “Description of Services”. Special
attention will be paid to defining clearly the inputs and facilities required
from the Procuring Agency in order to ensure satisfactory implementation of
the assignment. The Procuring Agency shall prepare minutes of the
negotiations, which shall be signed by the Procuring Agency and the
Consultant. The negotiations shall not substantially alter the original Terms
of Reference or the terms of the Contract.

24 Financial 24.1 If applicable, it is the responsibility of the Consultant, before starting

Negotiations financial negotiations, to contact the local tax authorities to determine the
local tax amount to be paid by the Consultant under the Contract. The
financial negotiations will include a clarification (if any) of the Consultant’s
tax liability in Bhutan, and the manner in which it will be reflected in the
Contract; and will reflect the agreed technical modifications in the cost of
the services.

24.2 In the cases of QCBS, Fixed-Budget Selection and the Least-Cost

Selection methods involving time based Contracts, unless there are
exceptional reasons the financial negotiations will involve neither the
remuneration rates for staff nor other proposed unit rates. For other
methods, Consultants will provide the Procuring Agency with the
information on remuneration rates described in the Appendix attached to
Section 4 - Financial Proposal - Standard Forms of this RFP.

24.3 In the case of a Lump Sum Contract where price is a factor of

selection, the price shall not be negotiated.

24.4 Reimbursable costs are payable on an actual expenses incurred

basis, and thus shall not be subject to financial negotiation.

25 Availability of 25.1 Having selected the Consultant on the basis of, among other things,
Section 2. Instructions to Consultants 16

Professional an evaluation of proposed Professional staff, the Procuring Agency expects

Staff/Experts to negotiate a Contract on the basis of the Professional staff named in the
Proposal. Before contract negotiations, the Procuring Agency will require
assurances that the Professional staff will actually be available. The
Procuring Agency will not consider substitutions during contract
negotiations unless both parties agree that undue delay in the selection
process makes such substitution unavoidable or for reasons such as death
or medical incapacity. If this is not the case and if it is established that
Professional staff were offered in the proposal without confirming their
availability, the Consultant may be disqualified. Any proposed substitute
shall have equivalent or better qualifications and experience than the
original candidate and be submitted by the Consultant within the period of
time specified in the letter of invitation to negotiate.

26 Conclusion of 26.1 Negotiations will conclude with a review of the draft Contract. To
the Negotiations complete negotiations the Procuring Agency and the Consultant will initial
the agreed Contract. If negotiations fail, the Procuring Agency shall inform
the Consultant in writing of the reasons for termination of the negotiations
and then shall invite the Consultant whose Proposal received the second
highest combined technical and financial score to negotiate a Contract.
Once negotiations commence with the second ranked Consultant the
Procuring Agency shall not reopen the earlier negotiations.

27 Procuring 27.1 The Procuring Agency reserves the right to accept or reject any
Agency’s Right Proposal, and to annul the Request for Proposals process and reject all
to Accept Any Proposals at any time prior to Contract award, without thereby incurring any
Proposal and to liability to Consultants.
Reject Any or All
Proposals
28 Award of 28.1 After completing negotiations the Procuring Agency shall award the
Contract Contract to the selected Consultant, and:

(a) as soon as possible notify unsuccessful Consultants, and

(b) publish a notification of award on the Procuring Agency’s website.

28.2 The notifications to all unsuccessful Consultants, and the notification

on the Procuring Agency’s website, shall include the following information:

(a) the assignment reference number;

(b) the name of the winning Consultant and the Financial Proposal
total price it offered; and

(c) the date of the award decision.

28.3 The time taken to notify unsuccessful Consultants and publish the
notification of award on the Procuring Agency’s website may in no
circumstances exceed 15 days from the date of the decision to award the
Contract to the successful Consultant.

28.4 Following the decision to award the Contract to the selected

Consultant, the parties shall enter into a written Contract binding on both
parties. The Contract shall be compatible with the Applicable Laws of
Bhutan. The Contract shall be signed by the duly authorized
representatives of the parties and shall bear the date of signature.

28.5 Where both the parties do not sign the Contract simultaneously,

(a) The Procuring Agency shall send to the selected Consultant two
original copies of (1) the full agreed Contract and (2) the letter of
acceptance (notification of award), each signed by the its duly
Section 2. Instructions to Consultants 17

authorized representative together with the date of signature;

(b) The letter of acceptance shall indicate the deadline by which it
must be accepted, which shall normally be not more than 15 days
from the date of its receipt by the Consultant;
(c) The Consultant, if he agrees to conclude the Contract, shall sign
and date all original copies of the Contract and the letter of
acceptance and return one copy of each to the Procuring Agency
before the expiry of the deadline indicated in the letter of
acceptance;
(d) In case the selected Consultant fails to sign the Contract
agreement within the deadline specified in the letter of acceptance
the Contract shall be awarded to the next lowest evaluated
Consultant. Such a failure shall be considered as withdrawal and
the provisions of Clause 17.3 shall apply.

28.6 The Consultant is expected to commence the assignment on the date

and at the location specified in the Data Sheet.

29 Confidentiality 29.1 Information relating to evaluation of Proposals and recommendations

concerning awards shall not be disclosed to the Consultants who submitted
the Proposals or to other persons not officially concerned with the process,
until the publication of the award of Contract. The undue use by any
Consultant of confidential information related to the process may result in
the rejection of its Proposal and may be subject to the provisions of the
RGoB’s antifraud and corruption policy.
Section 2. Instructions to Consultants- Data Sheet 18

Instructions to Consultants
DATA SHEET
[Comments in brackets provide guidance for the preparation of the Data Sheet; they should not
appear on the final RFP to be delivered to the shortlisted Consultants]

ITC Paragraph
Reference Details

1.1 Name of the Procuring Agency : Department of Human Settlement, Ministry of

Works and Human Settlement, Thimphu, Bhutan.

Method of selection: Quality and Cost Based Selection Method.

1.2 Financial Proposal to be submitted together with Technical Proposal: Yes, in two
separate envelopes.

The name of the assignment is: Topographical Survey for Nganglam Proposed
Regional Hub under Pemagatshel Dzongkhag.

The scope of the assignment: To conduct detailed topographic survey using

Total Stations (Ground Survey)
Refer TOR for details

Expected time of completion :

One Hundred Thirty Five (135) days from the signing of contract.

1.3 A pre-proposal conference will be held: No

The Procuring Agency ’s representative is: Mr. Wangchuk Thayey

Address: Director, Department of Human Settlement, Ministry of Works and
Human Settlement, Thimphu.
Telephone: 00 975 2 335799 Facsimile: 00 975 2 335799
E-mail: [email protected]

1.4 The Procuring Agency will provide the following inputs and facilities:
As per TOR Clause 6.0

2.1 (a) The Procuring Agency envisages the need for continuity for downstream work: No

4.1 (e) The bidders shall submit a signed Integrity Pact: Yes

7.2 Proposals must remain valid 60 days after the submission date, i.e. until:
2nd March 2015

10.3 Clarifications may be requested not later than 7 days before the submission date.

The address for requesting clarifications is: Mr. Daza, Sr. Survey Engineer, Survey
and GIS Division, Department of Human Settlement, Ministry of Works and
Human Settlement, Thimphu.
Section 2 – Instructions to Consultants – Data Sheet 19

Facsimile: 00 975 2 326451 E-mail: [email protected]

10.4 A pre-proposal meeting will not be conducted.

11.4 (a) Shortlisted Consultants may associate with other shortlisted Consultants: No

11.4 (b) The estimated number of professional staff-months required for the assignment is:
The firms shall make their own estimated man-months required to complete
the assignment in 135 days.

12.2 Proposals shall be submitted in the following language: English

As an alternative to the above indicated language Consultants are permitted, at

their choice, to submit their proposals in Dzongkha. However, Consultants shall not
submit proposals in more than one language. The Contract to be signed with the2
winning Consultant shall be written in the language in which the Consultant’s
proposal was submitted, which shall be the language that shall govern the
contractual relations between the Procuring Agency and the winning Consultant.
The Consultant shall not sign versions of the Contract in different languages in
addition to the language used in its proposal.

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

13.1 (g) Training is a specific component of this assignment: No

14.2 There shall be no reimbursable expenses payment. All costs associated to

expenditures such as per diem allowance, transport, office space, field
verification and data collection, communications, printing plus stationeries,
etc. should be included within the fee for consultancy under remunerations
and overhead charges.

14.3 Consultant to state local cost in Ngultrum: Yes

15.2 Amounts payable by the Procuring Agency to the Consultant under the Contract to
be subject to local taxation: Yes

The Consultant will pay local taxes without reimbursement by the Client.

16.3 The Consultant must submit the original and 2 identical copies of the Technical
Proposal, and the original of the Financial Proposal.

16.7 The Proposal submission address is: Director, Department of Human

Settlement, Ministry of Works and Human Settlement, Thimphu.

Proposals must be submitted no later than the following date and time:
1st January 2015 at 11.30 Hours

20.1 Criteria, sub-criteria and the points system for the evaluation of Technical Proposals
are:

Points
(i) Specific experience of the Consultant relevant to the assignment: [10 ]
Section 2. Instructions to Consultants- Data Sheet 20

(ii) Adequacy of the proposed methodology and work plan

in responding to the Terms of Reference:
a) Technical approach and methodology [ 10 ]
b) Work plan [ 05 ]
c) Organization and staffing [ 10 ]
Total points for criterion (ii): [ 25 ]

(iii) Key professional staff qualifications and competence for the assignment:
a) Team Leader (Survey Engineer ) [ 24 ]
b) Surveyors [ 18 ]
c) Survey Field Assistants [ 13 ]

(iv) Equipments required for this service.

(a) High-end GPS and Total Station [ 05 ]

Total points for criterion ( (iii) & iv) [ 60 ]

The number of points to be assigned to each of the above positions or

disciplines shall be determined considering the following three sub-criteria and
relevant percentage weights:

1) General qualifications [ 30% ]

2) Adequacy for the assignment [ 55% ]
3) Experience in region and language [ 15% ]
Total weight: 100%

(v) Participation by nationals among proposed key staff [ 05 ]

(not to exceed 10 points) [Sub-criteria shall not be provided]

Total points for the five criteria: 100

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

21.4 The single currency for price conversions is Bhutanese Ngultrum (BTN).

The source of official selling rates is the Royal Monetary Authority of Bhutan.

The date of exchange rates is: Bid Submission Date

21.6 The formula for determining the financial scores is the following:

[Insert either the following formula]

Sf = 100 x Fm/F, in which Sf is the financial score, Fm is the lowest price and F the
price of the proposal under consideration.

[or insert another inversely proportional formula]

The weights given to the Technical and Financial Proposals are:

T = 0.7

P = 0.3
Section 2 – Instructions to Consultants – Data Sheet 21

22.1 Expected date and address for contract negotiations: Last Week of Jan. 2015

28.6 Expected date for commencement of consulting services: 1st Week of Feb. 2015

28.7   Break-up of Evaluation Criteria 

Criteria  Points Allocated  Maximum Score
I. Specific Experience of the Consultant
relevant to the Assignment: 10
 

(a) Firm's experience in detailed Large

Scale Total Station Survey.
 ● 0 to 1 year 1.0
●  Above 1 to 2 years 2.0 7
●  Above 2 to 3 years 4.0
●  Above 3 to 4 years 5.5
●  Above 4 years 7.0
(b) Experience in GPS Control Survey.
●  1 to 2 years 1.5 3
●  Above 2 years 3.0
II.  Adequacy of the Proposed
Methodology & Work Plan in 25
responding to the Terms of Reference:
 

 (a)  
Technical Approach & Methodology.
   Inappropriate 0.0
   Satisfactory 5.0 10
   Good 7.5
   Very Good 10.0
 

(b)  
Work Plan.
   Not Submitted 0.0
   Submitted but not Explicit 2.0 5
   Feasible Work Plan but all the
3.0
requirements of TOR not covered
   Feasible and consistent with TOR 5.0
 

(c)    
Organization and Staffing.  

(i) Team Leader 1.0

(ii) Survey Team Composition 9.0 10
 ●  Team- 1 3.0
 ●  Team-2 6.0
●  Team-3 9.0

Note: Each Survey Team shall have 1 qualified Surveyor and 3 SFAs
Section 3. Technical Proposal - Standard Forms 22

III.  Key Professionals Staff Qualification 60

& Competence for the Assignment:
 

(A) Survey Engineer / Team Leader.

 
24
● Qualification & Experience
1 Bachelors with 500 Level Surveying
with:
   0 - 1 year experience 6.0
   Above 1 - 2 years experience 12.0
  Above 2 - 4 years experience 18.0
  Above 4 years experience 24.0 24
2  400 Level Surveying with:
   0 - 3 year experience 6.0
   Above 3 - 5 years experience 12.0
  Above 5 - 7 years experience 18.0
   
Above 7 years experience 24.0
(B)  
Surveyors. 18
●  Qualification & Experience
1 400 Level Surveying with:
   0 - 1 year experience 6.0
   Above 1 - 2 years experience 10.0
  Above 2 - 3 years experience 14.0
  Above 3 years experience 18.0 18
2 150 Level Surveying with:
   0 - 2 year experience 6.0
   Above 2 - 4 years experience 10.0
  Above 4 - 6 years experience 14.0
   
Above 6 years experience 18.0
(C)  
Survey Field Assistants. 13
●  Qualification & Experience
1 Class VIII & Above with:
   0 - 1 year experience 4.0
   Above 1 - 2 years experience 7.0 13
  Above 2 - 3 years experience 10.0
  Above 3 years experience 13.0
 

IV.  Surveying Equipments (Total 5

Station, High-end GPS):
 

(a)  
Total Station.
●  1 - Set 1.0 3
●  2 - Sets 2.0
●   
3 - Sets 3.0
(b)  
High-end GPS.
●  1 - Set 1.0 2
●  2 - Sets 2.0
V.  Participation by Nationals among
5 5
Proposed Key Staff
Section 3. Technical Proposal – Standard Forms 23

Section 3. Technical Proposal - Standard Forms

Refer to Reference paragraph 13.1 of the Data Sheet for format of Technical Proposal to be
submitted, and paragraph 13.1 of Section 2 of the RFP for Standard Forms required and number of
pages recommended.

TECH-1 Technical Proposal Submission Form

TECH-2 Consultant’s Organization and Experience

A. Consultant’s Organization
B. Consultant’s Experience

TECH-3 Comments or Suggestions on the Terms of Reference and on Counterpart Staff and
Facilities to be provided by the Procuring Agency
A. On the Terms of Reference
B. On the Counterpart Staff and Facilities

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

TECH-5 Team Composition and Task Assignments

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

TECH-7 Staffing Schedule

TECH-8 Work Schedule

TECH-9 Drawings/Specifications (if applicable)

TECH-10 Integrity Pact Statement

Section 3. Technical Proposal - Standard Forms 24

FORM TECH-1: TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date]

To: [Name and address of Procuring Agency]

Dear Sirs:

We, the undersigned, offer to provide the Consulting Services for [Insert title of
assignment] in accordance with your Request for Proposal dated [Insert Date] and our Proposal.
We are hereby submitting our Proposal, which includes this Technical Proposal, and a Financial
Proposal sealed in a separate envelope8.

We are submitting our Proposal in association with: [Insert a list with full name and address
of each associated Consultant] 9

We hereby declare that all the information and statements made in this Proposal are true
and accept that any misinterpretation contained in it may lead to our disqualification. In this regard
you may contact any of our previous Employers or the previous Employers of any of our sub-
consultants or any of the employees thereof for further information.

If negotiations are held during the period of validity of the Proposal, i.e., before the date
indicated in ITC Reference 7.1 of the Data Sheet, we undertake to negotiate on the basis of the
proposed staff. Our Proposal is binding upon us and subject to the modifications resulting from
Contract negotiations.

We undertake, if our Proposal is accepted, to initiate the Consulting Services related to the
assignment not later than the date indicated in ITC Reference 28.6 of the Data Sheet and to
comply with all the provisions of the Contract.

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

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:

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

8 [In case paragraph Reference 13.1 of the Data Sheet requires submission of a Technical
Proposal only, replace this sentence with: “We are hereby submitting our Proposal, which
includes this Technical Proposal only.”]
9 [Delete in case no association is foreseen.]

FORM TECH-2: CONSULTANT’S ORGANIZATION AND EXPERIENCE

Section 3. Technical Proposal – Standard Forms 25

A - Consultant’s Organization

[Provide here a brief (two pages) description of the background and organization of your firm/entity
and each associate for this assignment.]
Section 3. Technical Proposal - Standard Forms 26

B - Consultant’s Experience

[Using the format below, provide information on each assignment for which your firm, and each
associate for this assignment, was legally contracted either individually as a corporate entity or as
one of the major companies within an association, for carrying out consulting services similar to the
ones requested under this assignment. Use 20 pages maximum, listing in the order of most recent
first.]

Assignment name: Approx. value of the contract (in BTN):

Procuring Agency : Duration of assignment (months):

Address: Total number of staff months of the assignment:

Approximate value of the services provided by your firm

under the contract (BTN):

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

Consultants:
Completion date (month/year):

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

Narrative description of Project:

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

Firm’s Name:
Section 3. Technical Proposal – Standard Forms 27

FORM TECH-3: COMMENTS OR SUGGESTIONS ON THE TERMS OF REFERENCE AND

ON COUNTERPART STAFF AND FACILITIES TO BE PROVIDED BY THE PROCURING AGENCY

A - On the Terms of Reference

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

B - On Counterpart Staff and Facilities

[Comment here on counterpart staff and facilities to be provided by the Procuring Agency
according to paragraph Reference 1.4 of the Data Sheet including: administrative support, office
space, local transportation, equipment, data, etc.]
Section 3. Technical Proposal - Standard Forms 28

FORM TECH-4: DESCRIPTION OF THE APPROACH, METHODOLOGY AND WORK PLAN

FOR PERFORMING THE ASSIGNMENT

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

[Technical approach, methodology and work plan are key components of the Technical Proposal.
You are suggested to present your Technical Proposal (40 pages, inclusive of charts and
diagrams) divided into the following three chapters:

a) Technical Approach and Methodology,

b) Work Plan, and
c) Organization and Staffing,

a) Technical Approach and Methodology. In this chapter you should explain your
understanding of the objectives of the assignment, approach to the services, methodology for
carrying out the activities and obtaining the expected output, and the degree of detail of such
output. You should highlight the problems being addressed and their importance, and explain the
technical approach you would adopt to address them. You should also explain the methodologies
you propose to adopt and highlight the compatibility of those methodologies with the proposed
approach.

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

c) Organization and Staffing. In this chapter you should propose the structure and composition
of your team. You should list the main disciplines of the assignment, the key expert responsible,
and proposed technical and support staff.]
Section 3. Technical Proposal – Standard Forms 29

FORM TECH-5: TEAM COMPOSITION AND TASK ASSIGNMENTS

Professional Staff

Name of Staff Firm Area of Expertise Position Assigned Task Assigned

Section 3. Technical Proposal - Standard Forms 30

FORM TECH-6: CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

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

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

3. Name of Staff [Insert full name]:

4. Date of Birth: Nationality:

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

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

6. Membership of Professional Associations:

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

obtained]:

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

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

and writing]:
Section 3. Technical Proposal – Standard Forms 31

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

From [Year]: To [Year]:

Employer:
Positions held:

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

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

Name of assignment or project:

Year:
Location:
Procuring Agency or Client:
Main project features:
Positions held:
Activities performed:

13. Certification:

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

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

Full name of authorized representative:

Section 3. Technical Proposal - Standard Forms 32

FORM TECH-7: STAFFING SCHEDULE1

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

N
Subtotal
Local
[Home]
1
[Field]
2

N
Subtotal
Total

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

Full time input

Part time input
Section 3 – Technical Proposal – Standard Forms 33

FORM TECH-8: WORK SCHEDULE

Months2
N° Activity1
1 2 3 4 5 6 7 8 9 10 11 12 n
1
2
3
4
5

1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other benchmarks such as
Procuring Agency approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in the form of a bar chart.
Section 3. Technical Proposal – Standard Forms 34

FORM TECH-9: DRAWINGS/SPECIFICATIONS (IF APPLICABLE)

[Provide here a list of drawings and specifications (if any) contained within the Technical
Proposal, and annex these hereto.]
Section 3. Technical Proposal – Standard Forms 35

FORM TCH-10: INTEGRITY PACT

INTEGRITY PACT

1 General:

Whereas Mr. Wangchuk Thayey, DIRECTOR representing Department of Human

Settlement, Ministry of Works and Human Settlement, Royal Government of Bhutan,
hereinafter referred to as the “Employer” on one part, and (Name of bidder or his/her
authorized representative, with power of attorney).......................................................................
representing M/s. (Name of firm)...............................................................................................,
hereinafter referred to as the “Bidder” on the other part hereby execute this agreement as
follows:

This agreement shall be a part of the standard bidding document, which shall be signed by
both the parties at the time of purchase of bidding documents and submitted along with the
tender document. This IP is applicable only to “large” scale works, goods and services,
the threshold of which will be announced by the government from time to time. The
signing of the IP shall not apply to framework contracting such as annual office supplies
etc.

2 Objectives:
Whereas, the Employer and the Bidder agree to enter into this agreement, hereinafter
referred to as IP, to avoid all forms of corruption or deceptive practice by following a
system that is fair, transparent and free from any influence/unprejudiced dealings in the
bidding process8 and contract administration9, with a view to:
2.1 Enabling the Employer to obtain the desired contract at a reasonable and
competitive price in conformity to the defined specifications of the works or goods
or services; and
2.2 Enabling bidders to abstain from bribing or any corrupt practice in order to secure
the contract by providing assurance to them that their competitors will also refrain
from bribing and other corrupt practices.

3. Scope:
The validity of this IP shall cover the bidding process and contract administration
period.

4. Commitments of the Employer:

The Employer Commits itself to the following:-
4.1 The Employer hereby undertakes that no officials of the Employer, connected
directly or indirectly with the contract, will demand, take a promise for or accept,
8
Bidding process, for the purpose of this IP, shall mean the procedures covering tendering process starting
from bid preparation, bid submission, bid processing, and bid evaluation.
9
Contract administration, for the purpose of this IP, shall mean contract award, contract implementation, un-
authorized sub-contracting and contract handing/taking over.
Section 3. Technical Proposal – Standard Forms 36

directly or through intermediaries, any bribe, consideration, gift, reward, favor or

any material or immaterial benefit or any other advantage from the Bidder, either
for themselves or for any person, organization or third party related to the contract
in exchange for an advantage in the bidding process and contract administration.

4.2 The Employer further confirms that its officials shall not favor any prospective
bidder in any form that could afford an undue advantage to that particular bidder in
the bidding process and contract administration and will treat all Bidders alike.

4.3 Officials of the Employer, who may have observed or noticed or have reasonable
suspicion shall report to the head of the employing agency or an appropriate
government office any violation or attempted violation of clauses 4.1 and 4.2.

4.4 Following report on violation of clauses 4.1 and 4.2 by official (s), through any
source, necessary disciplinary proceedings, or any other action as deemed fit,
including criminal proceedings shall be initiated by the Employer and such a person
shall be debarred from further dealings related to the bidding process and contract
administration.

5. Commitments of Bidders

The Bidder commits himself/herself to take all measures necessary to prevent

corrupt practices, unfair means and illegal activities during any stage of the bidding
process and contract administration in order to secure the contract or in furtherance
to secure it and in particular commits himself/herself to the following :-

5.1 The Bidder shall not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favor, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the Employer,
connected directly or indirectly with the bidding process and contract
administration, or to any person, organization or third party related to the contract
in exchange for any advantage in the bidding process and contract administration.

5.2 The Bidder shall not collude with other parties interested in the contract to
manipulate in whatsoever form or manner, the bidding process and contract
administration.

5.3 If the bidder(s) have observed or noticed or have reasonable suspicion that the
provisions of the IP have been violated by the procuring agency or other bidders,
the bidder shall report such violations to the head of the procuring agency.

6. Sanctions for Violation:

The breach of any of the aforesaid provisions shall result in administrative charges or penal
actions as per the relevant rules and laws.

6.1 The breach of the IP or commission of any offence (forgery, providing false
information, mis-representation, providing false/fake documents, bid rigging, bid
Section 3. Technical Proposal – Standard Forms 37

steering or coercion) by the Bidder, or any one employed by him, or acting on

his/her behalf (whether with or without the knowledge of the Bidder), shall be dealt
with as per the terms and conditions of the contract and other provisions of the
relevant laws, including De-barment Rules.

6.2 The breach of the IP or commission of any offence by the officials of the procuring
agency shall be dealt with as per the rules and laws of the land in vogue.

7. Monitoring and Administration:

7.1 The respective procuring agency shall be responsible for administration and
monitoring of the IP as per the relevant laws.

7.2 The bidder shall have the right to appeal as per the arbitration mechanism contained
in the relevant rules.

We, hereby declare that we have read and understood the clauses of this agreement and
shall abide by it.

The parties hereby sign this Integrity Pact at (place)________________________________

on (date)_______________________

Affix Affix
Legal Legal
Stamp Stamp

EMPLOYER BIDDER/REPRESENTATIVE

CID : CID :

Witness: _________________ Witness: ___________________

Name: Name:

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

Section 4. Financial Proposal - Standard Forms

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

Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal
according to the instructions provided under paragraph 14 of Section 2. Such Forms are to be used
whichever is the selection method indicated in the fourth paragraph of the Letter of Invitation.

[The Appendix “Financial Negotiations - Breakdown of Remuneration Rates” is only to be used

for financial negotiations when Quality-Based Selection, Selection Based on Qualifications, or the
Single-Source Selection method is adopted, according to the indications provided under paragraph
24 of Section 2.]

FIN-1 Financial Proposal Submission Form

FIN-2 Summary of Costs

FIN-3 Breakdown of Costs by Activity

FIN-4 Breakdown of Remuneration

Appendix: Financial Negotiations - Breakdown of Remuneration Rates

Section 4. Financial Proposal – Standard Forms 39

FORM FIN-1 : FINANCIAL PROPOSAL SUBMISSION FORM

[Location, Date]

To: [Name and address of Procuring Agency ]

Dear Sirs:

We, the undersigned, offer to provide the Consulting Services for [Insert title of
assignment] in accordance with your Request for Proposal dated [Insert Date] and our Technical
Proposal. Our attached Financial Proposal is for the sum of [Insert amount(s) in words and
figures11]. This amount is inclusive of local taxes.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from
Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before the date
indicated in paragraph Reference 7.1 of the Data Sheet.

Commissions and gratuities paid or to be paid by us to agents relating to this Proposal and Contract
execution, if we are awarded the Contract, are listed below12:

Name and Address Amount and Purpose of Commission

of Agent Currency or Gratuity

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

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:

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

11
Amounts must coincide with the ones indicated under Total Cost of Financial Proposal in Form FIN-2.
12
If applicable, replace this paragraph with: “No commissions or gratuities have been or are to be paid by us to agents
relating to this Proposal and Contract execution.
 Section 4. Financial Proposal - Standard Forms 40

FORM FIN-2 : SUMMARY OF COSTS

Item Costs in Ngultrum

Total Costs of Financial Proposal16

16
Indicate the total costs, net or inclusive of local taxes (as maybe the case), to be paid by the Procuring Agency in
each currency. Such total costs must coincide with the sum of the relevant Subtotals indicated in all Forms FIN-3
provided with the Proposal.
 Section 4. Financial Proposal – Standard Forms 41

FORM FIN-3 : BREAKDOWN OF COSTS BY ACTIVITY

Group of Activities (Phase)17 Description18

_____________________________________________
_____________________________________________

Cost Component Costs in Ngultrum

Remuneration

Subtotals

17
Form FIN-3 shall be filled in at least for the whole assignment. In case some of the activities require different modes
of billing and payment (e.g.: the assignment is phased, and each phase has a different payment schedule), the Consultant
shall fill in a separate Form FIN-3 for each group of activities. For each currency, the sum of the relevant Subtotals of all
Forms FIN-3 provided must coincide with the Total Costs of Financial Proposal indicated in Form FIN-2.
18
Names of activities (phase) should be the same as, or correspond to, the ones indicated in the second column of Form
TECH-8.
 Section 4. Financial Proposal - Standard Forms 42

FORM FIN-4 : BREAKDOWN OF REMUNERATION

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

Group of Activities (Phase):______________________________________________________________

Input26
2 24 Staff-month
Name Position
Rate25 (Staff- Ngultrum
months)
Foreign Staff
[Home]
[Field]

Local Staff
[Home]

[Field]

Total Costs

24
Form FIN-4 shall be filled in for each of the Forms FIN-3 provided.
25
Professional Staff should be indicated individually; Support Staff should be indicated per category (e.g.: draftsmen,
clerical staff).
26
Positions of Professional Staff shall coincide with the ones indicated in Form TECH-5.
Section 4. Financial Proposal – Standard Forms 43

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

1. Review of Remuneration Rates

1.1 The remuneration rates for staff are made up of salary, social costs, overheads, fee (ie profit),
and any premium or allowance paid for assignments away from headquarters. To assist the
Consultant in preparing financial negotiations, a Sample Form giving a breakdown of rates is
attached (no financial information should be included in the Technical Proposal). Agreed
breakdown sheets shall form part of the negotiated Contract.

1.2 The Procuring Agency is charged with the custody of government funds and is expected to
exercise prudence in the expenditure of these funds. The Procuring Agency is, therefore,
concerned with the reasonableness of the Consultant’s Financial Proposal, and during
negotiations it expects to be able to review audited financial statements backing up the
Consultant’s remuneration rates, certified by an independent auditor. The Consultant shall be
prepared to disclose such audited financial statements up to the last three years, to
substantiate its rates, and to accept that its proposed rates and other financial matters are
subject to scrutiny. Rate details are discussed below.

(i) Salary
This is the gross regular cash salary paid to the individual in the Consultant’s home
office. It shall not contain any premium for work away from headquarters or bonus
(except where these are included by law or Royal Government of Bhutan
regulations).

(ii) Bonus
Bonuses are normally paid out of profits. Because the Procuring Agency does not
wish to make double payments for the same item, staff bonuses shall not normally be
included in the rates. Where the Consultant’s accounting system is such that the
percentages of social costs and overheads are based on total revenue, including
bonuses, those percentages shall be adjusted downward accordingly. Where national
policy requires that 13 months’ pay be given for 12 months’ work, the profit element
need not be adjusted downward. Any discussions on bonuses shall be supported by
audited documentation, which shall be treated as confidential.

(iii) Social Costs

Social costs are the costs to the Consultant of staff’s non-monetary benefits. These
items include, inter alia, social security including pension, medical and life
insurance costs, and the cost of a staff member being sick or on vacation. In this
regard, the cost of leave for public holidays is not an acceptable social cost nor is the
cost of leave taken during an assignment if no additional staff replacement has been
provided. Additional leave taken at the end of an assignment in accordance with the
Consultant’s leave policy is acceptable as a social cost.

(iv) Cost of Leave

The principles of calculating the cost of total days leave per annum as a percentage
of basic salary shall normally be as follows:
 Section 4. Financial Proposal - Standard Forms 44

total days leave x 100

Leave cost as percentage of salary 40 =
[365 - w - ph - v - s]

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

(v) Overheads
Overhead expenses are the Consultant’s business costs that are not directly related to
the execution of the assignment and shall not be reimbursed as separate items under
the Contract. Typical items are home office costs (partner’s time, non-billable time,
time of senior staff monitoring the project, rent, support staff, research, staff training,
marketing, etc.), the cost of staff not currently employed on revenue-earning
projects, taxes on business activities and business promotion costs. During
negotiations, audited financial statements, certified as correct by an independent
auditor and supporting the last three years’ overheads, shall be available for
discussion, together with detailed lists of items making up the overheads and the
percentage by which each relates to basic salary. The Procuring Agency does not
accept an add-on margin for social charges, overhead expenses, etc., for staff who
are not permanent employees of the Consultant. In such case, the Consultant shall be
entitled only to administrative costs and fee on the monthly payments charged for
subcontracted staff.

(vi) Fee or Profit

The fee or profit shall be based on the sum of the salary, social costs, and overhead.
If any bonuses paid on a regular basis are listed, a corresponding reduction in the
profit element shall be expected. Fee or profit shall not be allowed on travel or other
reimbursable expenses, unless in the latter case an unusually large amount of
procurement of equipment is required. The Consultant shall note that payments shall
be made against an agreed estimated payment schedule as described in the draft form
of the Contract.

(vii) Away from Headquarters Allowance or Premium

Some Consultants pay allowances to staff working away from headquarters. Such
allowances are calculated as a percentage of salary and shall not draw overheads or
profit. Sometimes, by law, such allowances may draw social costs. In this case, the
amount of this social cost shall still be shown under social costs, with the net
allowance shown separately. For concerned staff, this allowance, where paid, shall
cover home education, etc.; these and similar items shall not be considered as
reimbursable costs.

(viii) Subsistence Allowances

Subsistence allowances are not included in the rates, but are paid separately and in
local currency. No additional subsistence is payable for dependentsthe subsistence
rate shall be the same for married and single team members.

UNDP standard rates for Bhutan may be used as reference to determine subsistence
allowances.

40
Where w = weekends, ph = public holidays, v = vacation and s = sick leave.
Section 4. Financial Proposal – Standard Forms 45

2. Reimbursable expenses

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

3. Bank Guarantee

3.1 Payments to the Consultant, including payment of any advance based on cash flow
projections covered by a bank guarantee, shall be made according to an agreed estimated
schedule ensuring the Consultant regular payments in local and foreign currency, as long as
the Services proceed as planned.
 Section 4. Financial Proposal - Standard Forms 46

Sample Form

Consulting Firm:
Assignment: Date:

Consultant’s Representations Regarding Costs and Charges

We hereby confirm that:

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

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

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

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

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

[Name of Consulting Firm]

Signature of Authorized Representative Date

Name:

Title:
Section 4 – Financial Proposal – Standard Forms – Appendix

Consultant’s Representations Regarding Costs and Charges

(Expressed in Ngultrum)

Personnel 1 2 3 4 5 6 7 8
Proposed Fixed Proposed Fixed
Basic Salary
Away Rate per Rate per
per Working Social
Name Position Overhead1 Subtotal Fee2 from HQ Working Working
Month/Day/ Charges1
Allowance Month/Day/ Month/Day/
Year
Hour Hour1
Home Office

Field

1. Expressed as percentage of 1
2. Expressed as percentage of 4
Section 5 : Terms of Reference 48

Section 5: Terms of Reference (TOR)

1. Background:
Nganglam Drungkhag under Pemagatshel Dzongkhag has 3 Geogs namely Norbugang
(442 HH), Chhokorling (256 HH) and Dechheling (513 HH). The total population of
Nganglam is around 14,117. Its elevation ranges from 200m to 2200m and the climate
varies from sub- tropical to cool temperate.
The major existing government, corporate and private infrastructures and facilities in
Nganglam include, but not limited to, Drungkhag Administration, BHU Grade I, RBA,
RBP, Middle Secondary School, RNR Range Office, Helipad, Dungsam Cement
Corporation Limited, Bhutan Telecom, Druk Satair Quarry, Bhutan Post, RICB, Bhutan
Oil Distributor, Dungsam Polymers and Druk Gypsum.
Nganglam is strategically located in the Eastern Bhutan in terms of its distance to the 6
Eastern Districts. With the completion of the construction of the following road networks,
Nganglam would be within a day’s drive to the 6 Eastern Districts. Nganglam-Dewathang
(75 km), Nganglam-Gyalpoizhing (74 km),Nganglam-Panbang (55 km), Nganglam-
Pemagatshel (120 km) and Nganglam is close to the Indian market, namely Partshala and
Potali which are 48 km and 38 km away, respectively. To facilitate trade and commerce,
there is a proposal from the Indian side to connect Potali by railway. This connectivity
would not only further reinforce Nganglam’s access to Indian market, but it would also
enhance its access to Bangladesh.
As Nganglam is strategically located and within a day’s reach to the six Eastern Districts
and part of central Bhutan and also because of its proximity to the India and Bangladesh,
there is a high potential in setting up a dry-port to clear customs and store in-coming and
out- going goods. Such facility would facilitate and promote trade and commerce in the
Eastern Bhutan, in particular.
The existence of large stretch of cultivable land and favorable sub- tropical climate to
produce pineapple, passion fruit, mandarin, banana, and sugarcane on a large scale and
Nganglam’s close proximity to India and Bangladesh demonstrate the commercial viability
of agro- business in Nganglam. Further, Nganglam can also source such agro-based raw
materials from Monggar which produces them in large quantity.
Prior to the preparation of Regional Hub development plan in Nganglam, it is immensely
essential to have details topographical datasets. Therefore, the Department of Human
Settlement (DHS) intends to carry out detailed topographical survey (ground survey) using
total station for the proposed study area.

2. Descriptions of the proposed Survey Area:

The total area identified to conduct topographical survey is about 1236.00 Acre (≈ 5.0
Sq.Km). It consists of about 60% forest coverage mostly with shrubs and bushes. The
proposed survey boundary starts from Bypass Road (under construction) in the South-
East, following the Biological Corridor till it reaches Nganglam-Partsala existing road.
Follows along the road and crosses the streams below Jazama. It follows along the existing
access road leading to Tangzema. Connects to stream(west of Tangzema), follows along
the stream covering all the settlement of Tangzema. It joins in the confluence of streams
above Sa-tsalo. Follows above Sa-tsalo settlement and connects to Nganglam Lower
Secondary School till it reaches to Dungkhag Guest House and covers all the existing town
and crosses Kirung Ri in the North. From North, it covers Higher Secondary School and
Section 5 : Terms of Reference 49

follows along forest boundary till it reaches to the centre of existing town and follows
along the Nganglam-Deothang proposed highway (under construction) and covers RBA
campus in the East. It follows along the thick forest above Jazama and connects to
Nganglam-Partsala road and covers the settlement above the road and follows along the
existing road till it reaches to Bypass road (under construction) in the South East.
For details , refer the image map (Reference Map-1) for the proposed survey area.

3. Objectives:
To carryout topographic survey for the area identified for Regional Development to
facilitate preparation of Development Plan of Regional Hub of Nganglam. The assignment
includes, i) establishment of permanent ground control points and ii) Detail topographic
survey (as per scope of the work with the scale 1: 1000)

4. Scope of Work:
The scope of the work of the survey includes the following:
4.1. Control Points.
Establishment of bench mark (horizontal and vertical control points) on the ground at
strategic locations to carry out detailed survey.
 Sufficient permanent control points must be constructed at strategic places and
coordinated both horizontally and vertically.
 Control points should be established evenly/uniformly throughout the survey area. If
the control points are established using GPS, survey stations should have inter
visibility at least between two control points.
 The coordinates system shall be based on National Reference System (Drukref
Local Coordinate System)
 The accuracy of the control points should be of secondary/tertiary level accuracy.
 The structure of the survey stations should be as per the requirement of the client.
Upon completion of ground control survey, a report consisting of description of the
station and coordinates (X, Y, Z) and traverse /control network maps should be submitted
to the procuring agency along with the inception report before starting the detail survey.
The detail survey should commence only upon mutual acceptance of the accuracy of the
control point.

4.2. Detailed Survey.

All notable physical features both man-made and natural which shall be, but not limited
to, buildings, monuments, burial grounds, cremation grounds, places of worship, posts,
pipelines, existing roads and stream/ river/ canal crossings, cross-drainage structures,
septic tanks, manholes etc. which are found on the ground should be surveyed.

4.3. Contour Survey.

Contour survey must be carried out in consideration to finally generate a map/data with
contour interval of 1 meter. The spot heights should also be picked up as to incorporate
Section 5 : Terms of Reference 50

any elevation variation of 1meter on the ground considering Bank Top and Bank Toe
(bunds). Spot heights should also be given at a grid mesh of 5-10M depending upon the
terrain but wherever there is change of elevation of the ground, spot heights should be
taken to indicate it.

4.4. Instruments and software requirement

Precise GPS instruments shall be used for the control points if NLC’s control points do
not exist on the ground. Total station with angular accuracy of 2”/3” and distance
accuracy of 1.5 mm+2 ppm should be used for the detailed survey. LISCAD and
AutoCAD Software of compatible versions shall be used for data processing.

4.5. Work Process

 Control points should be established within the survey area with the accuracy of
secondary/tertiary level control points by means of traverse using the control
points. Upon completion of the provision of the control point, the detail survey
should be carried out.
 The data editing should be carried out daily basis in LISCAD See file and update
regularly in the field.
 Upon completion of the detail survey, the data set should be finally edited in
LISCAD See file and export to AutoCAD drawing. The final edited survey
data/map should be delivered both in LISCAD See. file and AutoCAD drawing
with proper colour codes and layers.
 The units of measure shall be in Metres unless specified.
 The standard feature codes (Alpha) should be used for all the features.

5. Reporting and timing of the assignment:

The consultancy work is expected to be completed within 135 days, which includes 100
days field work and 35 days desk work. The consultant shall work closely with DHS
officials.
The inception report should be submitted to DHS within Thirty (30) days after the start of
the assignment. The inception report shall fully describe the work plan, methodologies and
provide the list of equipment(s), hardware and software for completing both field work and
desk work.
The draft report (3 colour hard copies printout topographic maps along with control &
detailed survey report; and 1 soft copy of both control & detailed survey data and report)
should be submitted within 114 days of the commencement of the assignment. The
consultant shall conduct half day / a daylong discussion to present the report to the
Department of Human Settlement for comments. The comment from DHS and other
stakeholders shall be incorporated in the final report.
The final report (3 colour hard copies printout topographic maps along with control &
detailed survey report; and 1 soft copy of both control & detailed survey data and report)
shall be submitted to DHS within 14 days after the receipt of the final comments from
DHS and other stakeholders.
Section 5 : Terms of Reference 51

6. Support services to be provided by the client:

The following services and facilities will be provided by the Procuring Agency:
1) If available, the control points details shall be provided by DHS from NLCS.

2) Feature codes of DHS topographical survey shall be adopted for uniform standard.
Refer TOR Annexure-1.

3) Assist the consulting firm to process for work & special route permit for foreign
nationals in case if the firm hires expert(s) as its employee from outside Bhutan for
special inputs that are not available with the national firm.

4) In order to conduct the study smoothly, the Procuring Agency will seek the
concerned Dzongkhag's / Dungkhag's / Municipal's support to avoid any
obstruction that impedes during the field works.

5) The counterpart staff of the Procuring Agency will monitor the quality and progress
of work time to time, verify the invoices, conducting meetings, discussions,
arrangement of final presentation etc.
The consultant shall work closely with DHS and where necessary with relevant
Dzongkhag officials. The client may also, at its discretion, consider fielding of its
representative to accompany the consultant’s study team during field work upon
receipt of written request from the consultant. However, the responsibility of
completing the assignment successfully will lie solely with the consultant.

7. Final Deliverables
The Survey Data shall be submitted in Soft Copy and all the Printed Maps along Survey
Report shall be in a good quality paper. The final delivery shall be as per the table below:

Sl .No. Descriptions Quantity

3 - Hard Copies
1 Detailed Control Survey Report (both soft and hard copies)
1 - Soft Copy
Digital Copy of Topographic Datasets (in both LISCAD
2 1- Soft Copy
see file format and AutoCAD drawing format)
Printout Copy of Topographical Map in a required paper
3 3 - Hard Copies
size to fit all details with clear and legible )
4 Detailed Survey Report 3 - Hard Copies

8. Consulting Services:
The Joint Venture (JV) / Consortium / Association with International firms shall not be
permitted. However, if there is need of special inputs that are not available in the local
market, the firm can hire individuals from India as employee. It is to be noted that,
hiring of external expert(s)/consultant(s) as employee(s) from other countries other than
Bhutan or India will be not be permitted.
 Section 5 : Terms of Reference 52

9. Qualification & Experience:

Key Experts:
All the experts who have a crucial role in implementing the contract are referred to as key
experts and detail profiles of these key experts required for this assignment are given
below. Overall, the Consulting Firm shall provide a suitably qualified team to carry out the
detailed surveying.
The firm shall appoint a Survey Team Leader who shall be responsible for management
and co-ordination of all project activities. The following key personnel are considered to be
essential for the proper execution of the assignment:

Sl.
Experts Qualifications / Experiences Tasks / Responsibilities
No.
 Bachelors Degree with 500  Will function as the Team
1 Survey Engineer / Survey Engineering with above 4 Leader.
Team Leader (1 No.) years of professional experience
in the relevant field (topographic  Will be responsible for the
surveying). implementation of all
activities including timely
OR completion.

Diploma (400 Surveying Course)  Shall guide, supervise,

with above 7 years of professional coordinate and monitor the
experience in the relevant field works of survey teams.
(topographic surveying).  Provide protocols for dealing
with public with regard to
 Must be thoroughly familiar with issues related to land.
all the large scale topographic
procedures using GPS, Total  Provide surveying
Stations, Liscad softwares and backstopping on survey data
AutoCAD. editing and software usage
with proper feature coding.
 Should have practical experience  Review and edit the survey
in carrying out topographic survey data surveyed by field
with a proven record of surveyors.
supervising, organizing, managing
project preparation and executing  Prepare a final report and
topographic survey of towns / maps for submission to
settlements. Client.

2 Field Surveyors  Diploma (400 surveying Level  Rundown traverse for the
(3 Nos.) Course) with above 3 years of densification of control
professional experience in large points.
scale topographic surveying.
 Collect the survey field data
OR
using total station.
Certificate (150 Surveying
Course) with above 6 years of  Work closely with the team
professional experience in the leader.
 Section 5 : Terms of Reference 53

relevant field (topographical

surveying).  Edit data on daily basis.
 Must be thoroughly familiar with
all the large scale topographic  Maintain field book for
procedures for any topography. daily field observations-
instrument height, reflector’s
 Should have thoroughly familiar height and any other related
with the usage of GPS, Total information should be noted.
Stations, Liscad softwares and
AutoCAD.
 Carry survey equipments to
3 Survey Field  Minimum Class VIII with above 3
the site.
Assistants (3 Nos. years of experience as Survey
 Carry the reflector poles
Experience SFAs & 6 Field Assistant.
during the field survey.
Temporary SFAs)  Make sure the continuity of
 Must be thoroughly familiar with
the daily work without
all the large scale topographic
leaving any details.
survey procedures of any
 Guide the Temporary Survey
topography.
Field Assistants in handling
survey equipments and
 Should have familiar in leveling
carrying reflector poles
and handling of latest total
during survey.
stations.

Besides above key experts, if there are inputs or backstopping required in the consulting
firm shall be identified by the firm and incorporate in the financial proposal.

The task and responsibilities specified above are generic in nature and the experts will have
to undertake all the activities required for them to complete the project as defined in the
detail scope of work. Preference shall be given to experts having experiences in the
Himalayan regions. The qualifications / experiences shall be supported by academic
qualification and experience certificates (in English). Attested translations in English must
be submitted along with the copy of original if the certificates are not in English.

10. Terms and Conditions of Payment:

As per SC Clause- 6.4.
 TOR Annexure-1:
Point Code Page 1 of 4

Code Descriptions Group Elevation Contourable Symbol

1 BL BOUNDARY LINE BOUNDARY Yes Yes
2 BLDG BUILDING BUILDING Yes Yes
3 BM BENCH MARK BENCH-MARK Yes Yes
4 BNUT BETEL NUT BETELNUT Yes Yes
5 BPLR PLOT BOUNDARY PILLAR BOUNDARY-PILLAR Yes Yes
6 BRGE BRIDGE BRIDGE Yes Yes
7 BWAL BOUNDARY WALL BOUNDARY-WALL Yes Yes
8 CHTN CHORTEN CHORTEN Yes Yes
9 CL ROAD CENTRELINE CENTRELINE Yes Yes
10 CNUT COCONUT COCONUT Yes Yes
11 CULT CULVERT CULVERT Yes Yes
12 DEFAULT DEFAULT DEFAULT Yes Yes
13 DP DISTRIBUTION POINT DISTRUBUTION-POINT Yes Yes
14 DRN DRAIN DRAINAGE Yes Yes
15 DWAY DRIVE WAY METALLED-ROAD Yes Yes
16 ELP POLE & LIGHT LAMPOST Yes Yes
17 EP ELECTRIC POLE ELECTRIC Yes Yes
18 ES SPOT LEVEL SPOT-LEVEL Yes Yes
19 FENC FENCE FENCE Yes Yes
20 FHYD FIRE HYDRANT FIRE-HYDRANT Yes Yes
21 FLAG FLAG POLE FLAGPOLE Yes Yes
22 GATE GATE GATE Yes Yes
23 GPIT GARBAGE PIT GARBAGE-PIT Yes Yes
24 HUT HUT HUT Yes Yes
25 IBP INDO-BHUTAN BDRY PILLAR INDO-BHUTAN-BOUNDARY Yes Yes
26 KMP KILOMETRE POST KILOMETRE-POST Yes Yes
27 MB MUNICIPAL BOUNDARY MUNICIPAL-BOUNDARY Yes Yes
28 MH MANHOLE MANHOLE Yes Yes
29 MTWR MOBILE TOWER MOBILE-TOWER Yes Yes
30 PATH FOOTPATH FOOTPATH Yes Yes
31 PGRD PLAY GROUND PLAY-GROUND Yes Yes
32 POND POND POND Yes Yes
33 PTRE PINE TREE PINE-TREE Yes Yes
34 PYLN PYLON PYLON Yes Yes
 Point Code Page 2 of 4
Code Description Group Elevation Contourable Symbol
35 RET RETAINING WALL RETAINING-WALL Yes Yes
36 RIVR RIVER EDGE RIVER Yes Yes
37 SEMP SEMI PERMANENT HOUSE SEMI-PERMANENT-HOUSE Yes Yes
38 SEPT SEPTIC TANK SEPTIC-TANK Yes Yes
39 SHED SHED SHED Yes Yes
40 STN INSTRUMENT STATION SURVEY Yes Yes
41 STRM STREAM STREAM Yes Yes
42 TAP WATER TAP WATER-TAP Yes Yes
43 TOE BANK TOE BANKTOE Yes Yes
44 TOP BANKTOP BANK TOP Yes Yes
45 TPOL TELEPHONE POLE TELEPHONE-POLE Yes Yes
46 TREE TREE TREE Yes Yes
47 TTWR TELEPHONE TOWER TELEPHONE-TOWER Yes Yes
48 UMRD UNMTALLED ROAD UNMETALLED-ROAD Yes Yes
49 WM WATER METER WATE-METER Yes Yes
50 WTK WATER TANK WATER TANK Yes Yes
 Line Codes Page 3 of 4
Code Stringable Description Group Breakline Line Style
1 BL Yes BOUNDARY LINE BOUNDARY No
2 BLDG Yes BUILDING BUILDING No
3 BM No BENCH-MARK No
4 BNUT No BETEL NUT BETELNUT Yes
5 BPLR Yes PLOT BOUNDARY PILLAR BOUNDARY-PILLAR Yes
6 BRGE Yes BRIDGE EDGE BRIDGE No
7 BWAL Yes BOUNDARY WALL BOUNDARY-WALL No
8 CHTN Yes CHORTEN CHORTEN No
9 CL Yes ROAD CENTRELINE CENTRELINE No
10 CNUT Yes COCONUT Yes
11 CULT Yes CULVERT CULVERT No
12 DEFAULT Yes DEFAULT Yes
13 DP No DISTRUBUTION-POINT No
14 DRN Yes DRAIN DRAINAGE Yes
15 DWAY Yes DRIVEWAY METALLED-ROAD Yes
16 ELP No LAMPOST No
17 EP No ELECTRIC LINE ELECTRIC-LINE No
18 ES No SPOTLEVEL No
19 FENC Yes FENCE FENCE No
20 FHYD No WATER No
21 FLAG Yes FLAGPOLE Yes
22 GATE No GATE No
23 GPIT Yes GARBAGE PIT GARBAGE-PIT Yes
24 HUT Yes HUT HUT No
25 IBP Yes INDO-BHUTAN BDRY LINE INDO-BHUTAN-BOUNDARY No
26 KMP No KILOMETRE-POST No
27 MB Yes MUNICIPAL BOUNDARY MUNICIPAl-BOUNDARY Yes
28 MH Yes MANHOLE MANHOLE Yes
29 MTWR No MOBILE TOWER MOBILE-TOWER Yes
30 PATH Yes FOOTPATH FOOTPATH Yes
31 PGRD Yes PLAY GROUND PLAY-GROUND No
32 POND Yes EDGE OF POND POND Yes
33 PTRE Yes PINE-TREE Yes
34 PYLN No PYLON PYLON No
 Line Codes Page 4 of 4
Code Stringable Description Group Breakline Line Style
35 RET Yes RETAINING WALL RETAINING_WALL Yes
36 RIVR Yes RIVER EDGE RIVER Yes
37 SEMP Yes SEMI PERMANENT HOUSE SEMI-PERMANENT-HOUSE Yes
38 SEPT Yes SEPTIC TANK SEPTIC TANK No
39 SHED Yes SHED SHED No
40 STN No SURVEY No
41 STRM Yes STREAM STREAM Yes
42 TAP Yes WATER-TAP Yes
43 TOE Yes TOE OF BANK BANKTOE Yes
44 TOP Yes TOP OF BANK BANK TOP Yes
45 TPOL Yes TELEPHONE LINE TELEPNONE-LINE No
46 TREE No TREE No
47 TTWR No TELEPHONE TOWER TELEPHONE-TOWER Yes
48 UMRD Yes UNMETALLED ROAD UNMETALLED-ROAD Yes
49 WM No WATER-METER No
50 WTK Yes WATER TANK WATER-TANK No
Section 6: Standard Forms of Contract 54

Section 6: Standard Forms of Contract

The attached Form of Contract shall be used.

Section 6: Annex: II : Lump-Sum Contract 55

ANNEX II. Consulting Services: Lump-

Sum Contract
Annex: II : Lump-Sum Contract 56

STANDARD FORM OF CONTRACT

Consulting Services
Lump-Sum
Annex II – Lump-Sum Contract – Contents 57

Contents
Preface ..................................................................................................................................... 59 
I. Form of Contract ................................................................................................................. 61 
II. General Conditions of Contract ......................................................................................... 63 
1. General Provisions.............................................................................................................. 63 
1.1  Definitions .......................................................................................................... 63 
1.2  Law Governing Contract .................................................................................... 64 
1.3  Language ............................................................................................................ 64 
1.4  Notices ................................................................................................................ 64 
1.5  Location .............................................................................................................. 64 
1.6  Authority of Member in Charge ......................................................................... 64 
1.7  Authorized Representatives ................................................................................ 65 
1.8  Taxes and Duties ................................................................................................ 66 
1.9  Fraud and Corruption ......................................................................................... 66 
2. Commencement, Completion, Modification and Termination of Contract........................ 67 
2.1  Effectiveness of Contract ................................................................................... 67 
2.2  Commencement of Services ............................................................................... 68 
2.3  Expiration of Contract ........................................................................................ 68 
2.4  Modifications or Variations ................................................................................ 68 
2.5  Force Majeure ..................................................................................................... 68 
2.6  Termination ........................................................................................................ 68 
3. Obligations of the Consultant ............................................................................................. 70 
3.1  General ............................................................................................................... 70 
3.2  Conflict of Interests ............................................................................................ 71 
3.3  Confidentiality .................................................................................................... 71 
3.4  Insurance to be Taken Out by the Consultant..................................................... 71 
3.5  Consultant’s Actions Requiring Procuring Agency’s Prior Approval ............... 72 
3.6  Reporting Obligations ........................................................................................ 72 
3.7  Documents Prepared by the Consultant to be the Property of the Procuring
Agency ................................................................................................................ 72 
3.8  Accounting, Inspection and Auditing ................................................................. 72 
4. CONSULTANT’S Personnel ............................................................................................. 72 
4.1  Description of Personnel .................................................................................... 72 
4.2  Removal and/or Replacement of Personnel........................................................ 73 
4.3 Resident Project Manager...................................................................................... 73 
5. Obligations of the Procuring Agency ................................................................................. 73 
5.1  Assistance and Exemptions ................................................................................ 73 
5.2  Change in the Applicable Laws of Bhutan Related to Taxes and Duties ............ 73 
5.3  Services, Facilities and Property ........................................................................ 73 
6. Payments to the Consultant ................................................................................................ 74 
6.1  Lump-Sum Payment ........................................................................................... 74 
6.2  Contract Price ..................................................................................................... 74 
Annex II – Lump-Sum Contract – Contents 58

6.3  Payment for Additional Services ........................................................................ 74 

6.4  Terms and Conditions of Payment ..................................................................... 74 
6.5  Interest on Delayed Payments ............................................................................ 74 
7. Good Faith .......................................................................................................................... 75 
7.1  Good Faith .......................................................................................................... 75 
8. Settlement Of Disputes ....................................................................................................... 75 
8.1  Amicable Settlement .......................................................................................... 75 
8.2  Dispute Resolution ............................................................................................. 75 
III. Special Conditions of Contract ......................................................................................... 76 
IV. Appendices ....................................................................................................................... 82 
Appendix A – Description of Services .................................................................................... 82 
Appendix B - Reporting Requirements ................................................................................... 82 
Appendix C - Key Personnel and Sub-Consultants ................................................................. 82 
Appendix D - Breakdown of Contract Price in Foreign Currency .......................................... 83 
Appendix E - Breakdown of Contract Price in Local Currency .............................................. 83 
Appendix F - Services and Facilities Provided by the Procuring Agency .............................. 83 
Appendix G - Form of Advance Payments Guarantee ............................................................ 83 
Annex II – Lump-Sum Contract – Preface 59

Preface

1. This standard Contract for Consulting Services has been prepared in line with the
RGoB 2009 Procurement Rules and Regulations and is to be used by implementing
agencies (referred to hereafter as Procuring Agencies) when they hire a consulting
firm (referred to hereinafter as the Consultant) to provide services paid for on a
lump-sum basis.

2. The Contract includes four parts:

o Form of Contract

o General Conditions of Contract

o Special Conditions of Contract

o Appendices

3. The Procuring Agency using this standard Contract should not alter the General
Conditions. Any adjustment to meet project features should be made only in the
Special Conditions.

4. Lump-sum Contracts are normally used when definition of the tasks to be

performed is clear and unambiguous, when the commercial risks taken by the
Consultant are relatively low, and when therefore such Consultant is prepared to
perform the assignment for an agreed predetermined lump-sum price. Such price is
arrived at on the basis of inputs - including rates - provided by the Consultant. The
Procuring Agency agrees to pay the Consultant according to a schedule of
payments linked to the delivery of certain outputs, for example reports. A major
advantage of the lump-sum Contract is the simplicity of its administration, the
Procuring Agency having only to be satisfied with the outputs without monitoring
the staff inputs. Studies are usually carried out on a lump-sum basis; for example,
surveys, master plans, economic, sector, simple feasibility and engineering studies.
Annex II: Lump-Sum Contract 60

CONTRACT FOR CONSULTING SERVICES

Lump-Sum

between

[name of the Procuring Agency]

and

[name of the Consultant]

Dated:
Annex II: Lump sum contract I. Form of Contract 61

I. Form of Contract
LUMP-SUM

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

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

2. The mutual rights and obligations of the Procuring Agency and the Consultant shall
be as set forth in the Contract, in particular:
(a) the Consultant shall carry out the Services in accordance with the provisions
of the Contract; and
(b) the Procuring Agency shall make payments to the Consultant in accordance
with the provisions of the Contract.
Annex II: Lump sum contract I. Form of Contract 62

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

For and on behalf of [name of Procuring Agency]

[Authorized Representative]

For and on behalf of [name of Consultant]

[Authorized Representative]

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

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

[name of member]

[Authorized Representative]

[name of member]

[Authorized Representative]

etc
Annex II. Lump-Sum Contract II. General Conditions of Contract 63

II. General Conditions of Contract

1. GENERAL PROVISIONS

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

(a) Applicable Laws of Bhutan: The laws and any other instruments
having the force of law in Bhutan

(b) Consultant: An individual or a legal entity entering into a Contract

to provide the Services to the Procuring Agency under the Contract.
(c) Consulting Services: Expert services of a professional and/or
intellectual nature, provided by the Consultant based on
specialized expertise and skills, in areas including, but not limited
to, preparing and implementing projects, conducting training,
providing technical assistance, conducting research and analysis,
preparing designs, supervising the execution of construction and
other works, undertaking studies, advising Procuring Agencies,
building capacity, preparing tender documents, supervising
procurement, and others.

(d) Contract: The formal agreement in writing, including the General

Conditions (GC), the Special Conditions (SC), and the Appendices,
entered into between the Procuring Agency and the Consultant, on
acceptable terms and conditions and which are in compliance with all
the relevant provisions of the laws of the Kingdom of Bhutan, for the
provision of the required Consulting Services.

(e) Contract Price: The price to be paid for the performance of the
Services, in accordance with Clause 6;

(f) Day: A calendar day.

(g) Effective Date: The date on which this Contract comes into force
and effect pursuant to Clause GC 2.1.

(h) Foreign Currency: Any currency other than Bhutanese Ngultrum

(BTN).

(i) GC: These General Conditions of Contract.

(j) Government: The Royal Government of Bhutan (RGoB).

(k) In writing: Communicated in written form (eg. by mail, electronic

mail, fax, telex) with proof of receipt.

(l) Local Currency: Bhutanese Ngultrum (BTN).

(m) Member: Any of the entities that make up the joint

venture/consortium/association; and “Members” means all these entities.

(n) Party: The Procuring Agency or the Consultant, as the case may be,
and “Parties” means both of them.
Annex II. Lump-Sum Contract II. General Conditions of Contract 64

(o) Personnel: Professional and support staff provided by the

Consultant or by any Sub-Consultant and assigned to perform the
Services or any part thereof; “Foreign Personnel” means such
professional and support staff who at the time of being so provided have
their domicile outside Bhutan; “Local Personnel” means such
professional and support staff who at the time of being so provided have
their domicile in Bhutan; and “Key Personnel” means the Personnel
referred to in Clause GC 4.2(a).

(p) Procuring Agency: RGoB agency with which the selected

Consultant signs the Contract for Services.

(q) Reimbursable Expenses: All assignment-related costs other than

Consultant’s remuneration.

(r) SC: The Special Conditions of Contract by which the GC may be

amended or supplemented.

(s) Services: The work to be performed by the Consultant pursuant to

this Contract, as described in Appendix A hereto.

(t) Sub-Consultant: Any person or entity to whom/which the

Consultant subcontracts any part of the Services.

(u) Third Party: Any person or entity other than the Government, the
Procuring Agency, the Consultant or a Sub-Consultant.

1.2 Law This Contract, its meaning and interpretation, and the relation
Governing between the Parties shall be governed by the Applicable Laws of
Contract Bhutan.
1.3 Language This Contract has been executed in the language specified in the
SC, which shall be the binding and controlling language for all
matters relating to the meaning or interpretation of this Contract.
1.4 Notices
1.4.1 Any notice, request or consent required or permitted to be given or
made pursuant to this Contract shall be in writing. Any such
notice, request or consent shall be deemed to have been given or
made when delivered in person to an authorized representative of
the Party to whom the communication is addressed, or when sent
to such Party at the address specified in the SC.
1.4.2 A Party may change its address for notice hereunder by giving the
other Party notice in writing of such change to the address
specified in the SC.
1.5 Location The Services shall be performed at such locations as are specified
in Appendix A hereto and, where the location of a particular task
is not so specified, at such locations, whether in Bhutan or
elsewhere, as the Procuring Agency may approve.
1.6 Authority of In case the Consultant consists of a joint venture/consortium/
Member in association of more than one entity, the Members hereby authorize
Annex II: Lump-Sum Contract II. General Conditions of Contract 65

Charge the entity specified in the SC to act on their behalf in exercising

all the Consultant’s rights and obligations towards the Procuring
Agency under this Contract, including without limitation the
receiving of instructions and payments from the Procuring
Agency.
1.7 Authorized Any action required or permitted to be taken, and any document
Representa- required or permitted to be executed under this Contract by the
tives Procuring Agency or the Consultant may be taken or executed by
the officials specified in the SC.
Annex II. Lump-Sum Contract II. General Conditions of Contract 66

1.8 Taxes and The Consultant, Sub-Consultants, and the Personnel of both of
Duties them shall pay such indirect taxes, duties, fees and other
impositions levied under the Applicable Laws of Bhutan as are
specified in the SC, the amount of which is deemed to have been
included in the Contract Price.
1.9 Fraud and
Corruption
1.9.1 Definitions It is RGoB policy to require that Consultants, their Sub-
Consultants and the Personnel of both of them observe the highest
standards of ethics during the execution of the Contract.50 In
pursuance of this policy, the RGoB:
(a) defines, for the purposes of this provision, the terms set forth
below as follows:
(i) “corrupt practice”51 means the offering, giving, receiving
or soliciting, directly or indirectly, of anything of value52
to influence improperly the actions of another party;
(ii) “fraudulent practice”53 means any intentional act or
omission, including a misrepresentation, that knowingly
or recklessly misleads, or attempts to mislead, a party to
obtain a financial or other benefit or to avoid an
obligation;
(iii) “collusive practice”54 means an arrangement between
two or more parties designed to achieve an improper
purpose, including to influence improperly the actions of
another party;
(iv) “coercive practice”55 means impairing or harming, or
threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence improperly
the actions of a party;
(v) "obstructive practice" means:
(aa) deliberately destroying, falsifying, altering or
concealing of evidence material to the investigation

50
In this context, any action taken by a Consultant, Sub-Consultant or the Personnel of either of them to influence the process of
contract execution for undue advantage is improper.
51
“another party” refers to a public official acting in relation to the procurement process or contract execution. In this context, “public
official” includes staff and employees of any organizations (including any institutions providing finance for the Services) taking or
reviewing procurement decisions.
52
“anything of value” includes, but is not limited to, any gift, loan, fee, commission, valuable security or other asset or interest in an
asset; any office, employment or contract; any payment, discharge or liquidation of any loan, obligation or other liability whatsoever,
whether in whole or in part; any other services, favour or advantage, including protection from any penalty or disability incurred or
apprehended or from any action or proceeding of a disciplinary or penal nature, whether or not already instituted and including the
exercise or the forbearance from the exercise of any right or any official power or duty.
53
a “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or contract execution; and
the “act or omission” is intended to influence the procurement process or contract execution.
54
“parties” refers to participants in the procurement process (including public officials) and an “improper purpose” includes attempting
to establish proposal prices at artificial, non competitive levels.
55
a “party” refers to a participant in the procurement process or contract execution.
Annex II: Lump-Sum Contract II. General Conditions of Contract 67

or making false statements to investigators in order

materially to impede any investigation into
allegations of a corrupt, fraudulent, coercive or
collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing
its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
(bb) acts intended materially to impede the exercise of the
inspection and audit rights of the Procuring Agency or
any organization or person appointed by the Procuring
Agency and/or any relevant RGoB agency provided
for under Clause GC 3.8 (b).
1.9.2 Measures (b) will cancel the Contract if it at any time determines that
to be representatives of the Consultant, any Sub-Consultant, the
Taken personnel of either of them, or any other participant in the
procurement and Contract execution process, were engaged in
corrupt, fraudulent, collusive, coercive or obstructive practices
during the procurement and selection process or the execution of
the Contract;

(c) will sanction a Consultant, Sub-Consultant or the personnel of

either of them, including declaring them ineligible, either
indefinitely or for a stated period of time, to be awarded an
RGoB-financed contract if at any time it determines that they
have, directly or through an agent, engaged in corrupt, fraudulent,
collusive, coercive or obstructive practices in competing for, or in
executing, an RGoB-financed contract;
(d) will report the case of corrupt, fraudulent, collusive, coercive
or obstructive practice to the relevant RGoB agencies, including
but not limited to the Anticorruption Commission (ACC) of
Bhutan, for necessary action in accordance with the statutes and
provisions of the relevant agency.

1.9.3Commissio (e) will require the successful Consultant to disclose any

ns and commissions or fees that may have been paid or are to be
Fees paid to agents, representatives or commission agents with
respect to the selection process or execution of the Contract.
The information disclosed must include at least the name
and address of the agent, representative or commission
agent, the amount and currency, and the purpose of the
commission or fee.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT

2.1 Effectiveness This Contract shall come into force and effect on the date (the
of Contract “Effective Date”) of the Procuring Agency’s notice to the Consultant
Annex II. Lump-Sum Contract II. General Conditions of Contract 68

instructing the Consultant to begin carrying out the Services. This

notice shall confirm that the effectiveness conditions, if any, listed in
the SC have been met.
2.2 Commence- The Consultant shall begin carrying out the Services not later than
ment of the number of days after the Effective Date specified in the SC.
Services
2.3 Expiration of Unless terminated earlier pursuant to Clause GC 2.6 hereof, this
Contract Contract shall expire at the end of such time period after the
Effective Date as is specified in the SC.
2.4 Modifications Any modification or variation of the terms and conditions of this
or Variations Contract, including any modification or variation of the scope of
the Services, may only be made by written agreement between the
Parties. However, each Party shall give due consideration to any
proposals for modification or variation made by the other Party.
2.5 Force Majeure

2.5.1 Definition For the purposes of this Contract, “Force Majeure” means an event
which is beyond the reasonable control of a Party and which makes
a Party’s performance of its obligations under the Contract
impossible or so impractical as to be considered impossible under
the circumstances.
2.5.2 No The failure of a Party to fulfill any of its obligations under the
Breach Contract shall not be considered to be a breach of, or default under,
of this Contract insofar as such inability arises from an event of Force
Contract Majeure, provided that the Party affected by such an event (a) has
taken all reasonable precautions, due care and reasonable alternative
measures in order to carry out the terms and conditions of this
Contract, and (b) has informed the other Party as soon as possible
about the occurrence of such an event.

2.5.3 Extension Any period within which a Party shall, pursuant to this Contract,
of Time complete any action or task, shall be extended for a period equal to
the time during which such Party was unable to perform such action
as a result of Force Majeure.

2.5.4 Payments During the period of its inability to perform the Services as a result
of an event of Force Majeure, the Consultant shall be entitled to
continue to be paid under the terms of this Contract, as well as to be
reimbursed for additional costs reasonably and necessarily incurred
by it during such period for the purposes of the Services and in
reactivating the Service after the end of such period.

2.6 Termination

2.6.1 By the The Procuring Agency may terminate this Contract in case of the
Procurin occurrence of any of the events specified in paragraphs (a) through
g Agency (f) of this Clause GC 2.6.1. In such an occurrence the Procuring
Agency shall give not less than thirty (30) days written notice of
Annex II: Lump-Sum Contract II. General Conditions of Contract 69

termination to the Consultant, or sixty (60) days in the case of the

event referred to in paragraph (e) of this Clause GC 2.6.1.

(a) If the Consultant does not remedy a failure in the performance

of its obligations under the Contract within thirty (30) days
after being notified or within any further period as the
Procuring Agency may have subsequently approved in
writing.

(b) If the Consultant becomes insolvent or bankrupt.

(c) If the Consultant, in the judgment of the Procuring Agency has

engaged in corrupt or fraudulent practices in competing for or
in executing the Contract.

(d) If, as the result of Force Majeure, the Consultant is unable to

perform a material portion of the Services for a period of not
less than sixty (60) days.

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

(f) If the Consultant fails to comply with any final decision

reached as a result of arbitration proceedings pursuant to
Clause GC 8 hereof.
Annex II. Lump-Sum Contract II. General Conditions of Contract 70

2.6.2 By the The Consultant may terminate this Contract, by not less than thirty
Consulta (30) days written notice to the Procuring Agency, such notice to be
nt given after the occurrence of any of the events specified in
paragraphs (a) through (c) of this Clause GC 2.6.2:
(a) If the Procuring Agency fails to pay any money due to the
Consultant pursuant to this Contract and not subject to dispute
pursuant to Clause GC 8 hereof within forty-five (45) days
after receiving written notice from the Consultant that such
payment is overdue.
(b) If, as the result of Force Majeure, the Consultant is unable to
perform a material portion of the Services for a period of not
less than sixty (60) days.
(c) If the Procuring Agency fails to comply with any final
decision reached as a result of arbitration pursuant to Clause
GC 8 hereof.
2.6.3 Payment Upon termination of this Contract pursuant to Clauses GC 2.6.1 or
upon GC 2.6.2, the Procuring Agency shall make the following payments
Termina- to the Consultant:
tion
(a) payment pursuant to Clause GC 6 for Services satisfactorily
performed prior to the effective date of termination;
(b) except in the case of termination pursuant to paragraphs (a)
through (c) and (f) of Clause GC 2.6.1, reimbursement of any
reasonable cost incident to the prompt and orderly termination
of the Contract, including the cost of the return travel of the
Personnel and their eligible dependents.

3. OBLIGATIONS OF THE CONSULTANT

3.1 General
3.1.1 The Consultant shall perform the Services and carry out its
Standard of obligations hereunder with all due diligence, efficiency and
Performance economy, in accordance with generally accepted professional
standards and practices, and shall observe sound management
practices, and employ appropriate technology and safe and
effective equipment, machinery, materials and methods. The
Consultant shall always act, in respect of any matter relating to this
Contract or to the Services, as faithful adviser to the Procuring
Agency, and shall at all times support and safeguard the Procuring
Agency’s legitimate interests in any dealings with Sub-Consultants
or third Parties.
Annex II: Lump-Sum Contract II. General Conditions of Contract 71

3.2 Conflict of The Consultant shall hold the Procuring Agency’s interests
Interests paramount, without any consideration for future work, and strictly
avoid conflict with other assignments or its own corporate interests.
3.2.1 Consultant The payment of the Consultant pursuant to Clause GC 6 shall
Not to Benefit from constitute the Consultant’s only payment in connection with this
Commissions, Dis- Contract or the Services, and the Consultant shall not accept for its
counts, etc. own benefit any trade commission, discount or similar payment in
connection with activities pursuant to this Contract or to the
Services or in the discharge of its obligations under the Contract,
and the Consultant shall use its best efforts to ensure that the
Personnel, any Sub-Consultants, and agents of either of them
similarly shall not receive any such additional payment.
3.2.2 Consultant The Consultant agrees that, during the term of this Contract and
and Affiliates Not after its termination, the Consultant and any entity affiliated with
to be Otherwise the Consultant, as well as any Sub-Consultants and any entity
Interested in affiliated with such Sub-Consultants, shall be disqualified from
Project providing goods, works or services (other than consulting services)
resulting from or directly related to the Consultant’s Services for
the preparation or implementation of the project.
3.2.3 Prohibition The Consultant shall not engage, and shall cause its Personnel as
of Conflicting well as its Sub-Consultants and their Personnel not to engage, either
Activities directly or indirectly, in any business or professional activities
which would conflict with the activities assigned to them under this
Contract.
3.3 Confidentiality Except with the prior written consent of the Procuring Agency, the
Consultant and the Personnel shall not at any time communicate to
any person or entity any confidential information acquired in the
course of the Services, nor shall the Consultant and the Personnel
make public the recommendations formulated in the course of, or as
a result of, the Services.
3.4 Insurance to The Consultant (a) shall take out and maintain, and shall cause any
be Taken Out Sub-Consultants to take out and maintain, at their (or the Sub-
by the Consultants’, as the case may be) own cost but on terms and
Consultant conditions approved by the Procuring Agency, insurance against
the risks, and for the coverage, as shall be specified in the SC; and
(b) at the Procuring Agency’s request, shall provide evidence to the
Procuring Agency showing that such insurance has been taken out
and maintained and that the current premiums have been paid.
Annex II. Lump-Sum Contract II. General Conditions of Contract 72

3.5 Consultant’s The Consultant shall obtain the Procuring Agency’s prior approval
Actions in writing before taking any of the following actions:
Requiring
Procuring (a) entering into a subcontract for the performance of any part
Agency’s Prior of the Services,
Approval
(b) appointing such members of the Personnel not listed by
name in Appendix C, and
(c) any other action that may be specified in the SC.
3.6 Reporting (a) The Consultant shall submit to the Procuring Agency the
Obligations reports and documents specified in Appendix B hereto, in
the form, in the numbers and within the time periods set
forth in the said Appendix.
(b) Final reports shall be delivered on CD ROM in addition to
the hard copies specified in the said Appendix.
3.7 Documents (a) All plans, drawings, specifications, designs, reports, other
Prepared by documents and software submitted by the Consultant under
the Consultant this Contract shall become and remain the property of the
to be the Procuring Agency, and the Consultant shall, not later than
Property of upon termination or expiration of this Contract, deliver all
the Procuring such documents to the Procuring Agency, together with a
Agency detailed inventory thereof.
(b) The Consultant may retain a copy of such documents and
software. Restrictions about the future use of these
documents, if any, shall be specified in the SC.
3.8 Accounting, The Consultant:
Inspection and
Auditing (a) shall keep accurate and systematic accounts and records in
respect of the Services hereunder, in accordance with
internationally accepted accounting principles and in such form
and detail as will clearly identify all relevant time charges and
costs, and the bases thereof, and
(b) shall periodically permit the Procuring Agency or its
designated representative, for a period of up to five years from
the expiration or termination of this Contract, to inspect the same
and make copies thereof as well as to have them audited by
auditors, if so required by the Procuring Agency.

4. CONSULTANT’S PERSONNEL

4.1 Description of The Consultant shall employ and provide such qualified and
Personnel experienced Personnel and Sub-Consultants as are required to
carry out the Services. The titles, agreed job descriptions,
minimum qualifications and estimated periods of engagement in
Annex II: Lump-Sum Contract II. General Conditions of Contract 73

the carrying out of the Services of the Consultant’s Key

Personnel are described in Appendix C. The Key Personnel and
Sub-Consultants listed by title as well as by name in Appendix C
are hereby approved by the Procuring Agency.

4.2 Removal (a) Except as the Procuring Agency may otherwise agree, no
and/or changes shall be made in the Key Personnel. If, for any
Replacement reason beyond the reasonable control of the Consultant,
of Personnel such as retirement, death, medical incapacity, among
others, it becomes necessary to replace any of the Key
Personnel, the Consultant shall provide as a replacement a
person of equivalent or better qualifications.

(b) If the Procuring Agency (i) finds that any of the Personnel
have committed serious misconduct or have been charged
with having committed a criminal action, or (ii) has
reasonable cause to be dissatisfied with the performance of
any of the Personnel, then the Consultant shall, at the
Procuring Agency’s written request specifying the grounds
thereof, provide as a replacement a person with
qualifications and experience acceptable to the Procuring
Agency.

(c) The Consultant shall have no claim for additional costs

arising out of or incidental to any removal and/or
replacement of Personnel.

4.3 Resident Project If required by the SC, the Consultant shall ensure that at all times
Manager during the Consultant’s performance of the Services in Bhutan a
resident project manager, acceptable to the Procuring Agency,
shall take charge of the performance of the Services.

5. OBLIGATIONS OF THE PROCURING AGENCY

5.1 Assistance and The Procuring Agency shall use its best efforts to ensure that the
Exemptions Government shall provide the Consultant such assistance and
exemptions as are specified in the SC.

5.2 Change in the If, after the date of this Contract, there is any change in the
Applicable Applicable Laws of Bhutan with respect to taxes and duties which
Laws of increases or decreases the cost incurred by the Consultant in
Bhutan performing the Services, then the remuneration and reimbursable
Related to expenses otherwise payable to the Consultant under this Contract
Taxes and shall be increased or decreased accordingly by agreement between
Duties the Parties, and corresponding adjustments shall be made to the
amounts referred to in Clauses GC 6.2 (a) or (b), as the case may
be.

5.3 Services, (a) The Procuring Agency shall make available free of charge to
Annex II. Lump-Sum Contract II. General Conditions of Contract 74

Facilities and the Consultant the services, facilities and property listed in
Property Appendix F at the times and in the manner specified in the said
Appendix F.

(b) In case such services, facilities and property are not made
available to the Consultant as and when specified in Appendix F,
the Parties shall agree on (i) any time extension that it may be
appropriate to grant to the Consultant for the performance of the
Services, (ii) the manner in which the Consultant shall procure
any such services, facilities and property from other sources, and
(iii) the additional payments, if any, to be made to the Consultant
as a result thereof pursuant to Clause GC 6.1 hereinafter.

6. PAYMENTS TO THE CONSULTANT

6.1 Lump-Sum The total payment due to the Consultant shall not exceed the
Payment Contract Price which is an all inclusive fixed lump-sum covering
all costs required to carry out the Services described in Appendix
A. Except as provided in Clauses 5.2 and 5.3 (b), the Contract
Price may only be increased above the amounts stated in Clause
6.2 if the Parties have agreed to additional payments in
accordance with Clause 2.4.
6.2 Contract Price (a) The price payable in foreign currency/currencies is set forth
in the SC.
(b) The price payable in local currency is set forth in the SC.
6.3 Payment for For the purpose of determining the remuneration due for
Additional additional services as may be agreed under Clause 2.4, a
Services breakdown of the lump-sum price is provided in Appendices D
and E.
6.4 Terms and Payments will be made to the account(s) of the Consultant and
Conditions of according to the payment schedule stated in the SC. Unless
Payment otherwise stated in the SC, the first payment shall be made against
the provision by the Consultant of an advance payment guarantee
for the same amount, and shall be valid for the period stated in the
SC. Such guarantee shall be in the form set forth in Appendix G
hereto, or in such other form as the Procuring Agency shall have
approved in writing. Any other payment shall be made after the
conditions listed in the SC for such payment have been met, and
the Consultant has submitted an invoice to the Procuring Agency
specifying the amount due.
6.5 Interest on If the Procuring Agency has delayed payments beyond fifteen (15)
Delayed days after the due date stated in the Clause SC 6.4, interest shall
Payments be paid to the Consultant for each day of delay at the rate stated in
the SC.
Annex II: Lump-Sum Contract II. General Conditions of Contract 75

7. GOOD FAITH

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

8. SETTLEMENT OF DISPUTES

8.1 Amicable The Parties agree that the avoidance or early resolution of disputes
Settlement is crucial for a smooth execution of the Contract and the success of
the assignment. The Parties shall use their best efforts to settle
amicably all disputes arising out of or in connection with this
Contract or its interpretation.
8.2 Dispute Any dispute between the Parties as to matters arising pursuant to
Resolution this Contract that cannot be settled amicably within thirty (30) days
after receipt by one Party of the other Party’s request for such
amicable settlement may be submitted by either Party for
settlement in accordance with the provisions specified in the SC.
Annex II. Lump-Sum Contract III. Special Conditions of Contract 76

III. Special Conditions of Contract

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

Number of Amendments of, and Supplements to, Clauses in the

GC Clause General Conditions of Contract

1.3 The language is English.

1.4 The addresses are:

Procuring Agency: Department of Human Settlement, Ministry of Works
and Human Settlement, Thimphu, Bhutan.

Attention: Director, DHS.

Facsimile: 00 975 2 335799

E-mail: [email protected]

Consultant:

Attention:
Facsimile:
E-mail:
Annex II. Lump-Sum Contract III. Special Conditions of Contract 77

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

Note: If the Consultant consists of a joint venture/consortium/association of
more than one entity, the name of the entity whose address is specified in
Clause SC 1.4 should be inserted here. If the Consultant consists only of
one entity, this Clause SC 1.6 should be deleted from the SC.

1.7 The Authorized Representatives are:

For the Procuring Agency: Mr. Wangchuk Thayey, Director, DHS.
For the Consultant:

1.8 Note: Generally Bhutanese duties and indirect taxes are not to be
reimbursed. It is left to the Procuring Agency to decide whether the
Consultant (i) should be exempted from any such levies, or (ii) should be
reimbursed by the Procuring Agency for any such levies it might have to pay
(or that the Procuring Agency would pay such levies on behalf of the
Consultant and the Personnel).

The Consultant must be informed in Clause Reference 15.1 of the Data

Sheet about which alternative the Procuring Agency wishes to apply.

The Procuring Agency warrants that the Consultant, the Sub-Consultants

and the Personnel shall be exempt from (or that the Procuring Agency shall
pay on behalf of the Consultant, the Sub-Consultants and the Personnel, or
shall reimburse the Consultant, the Sub-Consultants and the Personnel for)
any indirect taxes, duties, fees, levies and other impositions imposed, under
the Applicable Laws of Bhutan, on the Consultant, the Sub-Consultants and
the Personnel in respect of:

(a) any payments whatsoever made to the Consultant, Sub-Consultants

and the Personnel (other than nationals or permanent residents of
Bhutan), in connection with the carrying out of the Services;

(b) any equipment, materials and supplies brought into Bhutan by the
Consultant or Sub-Consultants for the purpose of carrying out the
Services and which, after having been brought into Bhutan, will be
subsequently withdrawn therefrom by them;

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

(d) any property brought into Bhutan by the Consultant, any Sub-
Consultants or the Personnel (other than nationals or permanent
residents of Bhutan), or the eligible dependents of such Personnel for
their personal use and which will subsequently be withdrawn
therefrom by them upon their respective departure from Bhutan,
Annex II. Lump-Sum Contract III. Special Conditions of Contract 78

provided that:

(1) the Consultant, Sub-Consultants and Personnel, and their eligible

dependents, shall follow the usual Customs procedures of Bhutan
in importing property into Bhutan; and
(2) if the Consultant, Sub-Consultants or Personnel, or their eligible
dependents, do not withdraw but dispose of any property in
Bhutan upon which Customs duties and taxes have been
exempted, the Consultant, Sub-Consultants or Personnel, as the
case may be, (i) shall bear such Customs duties and taxes in
conformity with the regulations of Bhutan, or (ii) shall reimburse
them to the Procuring Agency if they were paid by the Procuring
Agency at the time the property in question was brought into
Bhutan.

{2.1} The effectiveness of the contract shall be with effect after 15 (Fifteen) days
of issuance of the notice to commence the services.

2.3 The number of days shall be 15 (Fifteen) days.

2.4 The time period shall be 4 (Four) months 15 (Fifteen) days.

3.4 The risks and the coverage shall be as follows:

(d) employer’s liability and workers’ compensation insurance in respect of
the Personnel of the Consultant and of any Sub-Consultants, in
accordance with the relevant provisions of the Applicable Laws of
Bhutan, 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.

{3.7 (b)} The Consultant shall not use these documents and software for purposes
unrelated to this Contract without the prior written approval of the Procuring
Agency.

6.2(a) Not Applicable

6.2(b) The amount in Ngultrum is Contract Amount.

Annex II. Lump-Sum Contract III. Special Conditions of Contract 79

6.4 Payment Schedule:

Payments shall be made according to the following schedule:
(a) Forty percent (40%) of the contract amount shall be paid upon
submission of the inception report.
(b) Sixty percent (60%) of the contract amount shall be paid upon
successful completion, final approval and handing over of final report.
(d) Bank charges involved in the preparation of drafts and other paying
instruments shall not be borne by the Procuring Agency. The
consultant shall make their own arrangement if such transfer is
required.
(e) All payments to the Consultant shall be made in Ngultrum.

6.5 The interest rate is: as fixed by Royal Monetary Authority, Bhutan.

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

provisions:
1. Selection of Arbitrators. Each dispute submitted by a Party to
arbitration shall be heard by a sole arbitrator or an arbitration panel
composed of three arbitrators, in accordance with the following
provisions:
(a) Where the Parties agree that the dispute concerns a technical matter,
they may agree to appoint a sole arbitrator or, failing agreement on
the identity of such sole arbitrator within thirty (30) days after
receipt by the other Party of the proposal of a name for such an
appointment by the Party who initiated the proceedings, either Party
may apply to [name an appropriate international professional
body: e.g. the Federation Internationale des Ingenieurs-Conseil
(FIDIC) of Lausanne, Switzerland, etc.] for a list of not fewer than
five nominees. Upon receipt of such list, the Parties (commencing
with the Procuring Agency when the list comprises an even number
of nominees, and with the Consultant when the list comprises an
odd number of nominees) shall alternately strike names therefrom,
and the last remaining nominee on the list shall be the sole arbitrator
for the matter in dispute. If the last remaining nominee has not been
determined in this manner within sixty (60) days of the date of the
list, [insert the name of the same professional body as above] shall
appoint, upon the request of either Party and from such list or
otherwise, a sole arbitrator for the matter in dispute.
(b) Where the Parties do not agree that the dispute concerns a
technical matter, the Procuring Agency and the Consultant shall
each appoint one arbitrator, and these two arbitrators shall jointly
appoint a third arbitrator, who shall chair the arbitration panel. If
Annex II. Lump-Sum Contract III. Special Conditions of Contract 80

the arbitrators named by the Parties do not succeed in appointing

a third arbitrator within thirty (30) days after the latter of the two
arbitrators named by the Parties has been appointed, the third
arbitrator shall, at the request of either Party, be appointed by
[name an appropriate international appointing authority, e.g.,
the Secretary General of the Permanent Court of Arbitration,
The Hague; the Secretary General of the International Centre
for Settlement of Investment Disputes, Washington, D.C.; the
International Chamber of Commerce, Paris; etc.].

(c) If, in a dispute subject to Clause SC 8.2 1.(b), one Party fails to
appoint its arbitrator within thirty (30) days after the other Party
has appointed its arbitrator, the Party which has named an
arbitrator may apply to the [name the same appointing authority
as in Clause SC 8.2 1.(b)] to appoint a sole arbitrator for the
matter in dispute, and the arbitrator appointed pursuant to such
application shall be the sole arbitrator for that dispute.
2. Rules of Procedure. Except as stated herein, arbitration proceedings
shall be conducted in accordance with the rules of procedure for
arbitration of the United Nations Commission on International Trade
Law (UNCITRAL) as in force on the date of this Contract.
3. Substitute Arbitrators. If for any reason an arbitrator is unable to
perform his function, a substitute shall be appointed in the same
manner as the original arbitrator.
4. Nationality and Qualifications of Arbitrators. The sole arbitrator or the
third arbitrator appointed pursuant to paragraphs (a) through (c) of
Clause SC 8.2 1 hereof shall be an internationally recognized legal or
technical expert with extensive experience in relation to the matter in
dispute and shall not be a national of the Consultant’s home country
[Note: If the Consultant consists of more than one entity, add: or of
the home country of any of their Members or Parties] or of Bhutan.
For the purposes of this Clause, “home country” means any of:
(a) the country of incorporation of the Consultant [Note: If the
Consultant consists of more than one entity, add: or of any of
their Members or Parties]; or
(b) the country in which the Consultant’s [or any of their Members’
or Parties’] principal place of business is located; or
(c) the country of nationality of a majority of the Consultant’s [or of
any Members’ or Parties’] shareholders; or
(d) the country of nationality of the Sub-Consultants concerned,
where the dispute involves a subcontract.
Annex II. Lump-Sum Contract III. Special Conditions of Contract 81

5. Miscellaneous. In any arbitration proceeding hereunder:

(a) proceedings shall, unless otherwise agreed by the Parties, be held
in [select a country which is neither Bhutan nor the Consultant’s
country];
(b) the [insert name of language] language shall be the official
language for all purposes; and
(c) the decision of the sole arbitrator or of a majority of the
arbitrators (or of the third arbitrator if there is no such majority)
shall be final and binding and shall be enforceable in any court of
competent jurisdiction, and the Parties hereby waive any
objections to or claims of immunity in respect of such
enforcement.
For Contracts with Bhutanese Consultants

Construction Development Board (CDB) or other Independent Agency:

GCC Sub-Clause 8.2—All disputes arising in connection with the present

Contract shall be finally resolved by arbitration in accordance with the rules and
procedures of the CDB or any other independent agency that has been
appropriately mandated at the time of submission of the dispute through its
National Arbitration Committee. The arbitration award shall be final on the parties
who shall be deemed to have accepted to carry out the resulting award without
delay and to have waived their right to any form of appeal insofar as such waiver
can validly be made.
Annex II. Lump-Sum Contract IV. Appendices 82

IV. Appendices

APPENDIX A – DESCRIPTION OF SERVICES

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

APPENDIX B - REPORTING REQUIREMENTS

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

APPENDIX C - KEY PERSONNEL AND SUB-CONSULTANTS

Note: List under:

C-1 Titles [and names, if already available], detailed job descriptions and minimum
qualifications of Key Foreign Personnel to be assigned to work in Bhutan, and
estimated staff-months for each.

C-2 Same as C-1 for Key Foreign Personnel to be assigned to work outside Bhutan.

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

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

Annex II. Lump-Sum Contract IV. Appendices 83

APPENDIX D - BREAKDOWN OF CONTRACT PRICE IN FOREIGN CURRENCY

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

1. Monthly rates for Personnel (Key Personnel and other Personnel).

2. Reimbursable expenses.

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

APPENDIX E - BREAKDOWN OF CONTRACT PRICE IN LOCAL CURRENCY

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

1. Monthly rates for Personnel (Key Personnel and other Personnel).

2. Reimbursable expenditures.

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

APPENDIX F - SERVICES AND FACILITIES PROVIDED BY THE PROCURING AGENCY

Note: List here the services and facilities to be made available to the Consultant by the
Procuring Agency.

APPENDIX G - FORM OF ADVANCE PAYMENTS GUARANTEE

Note: See Clause GC 6.4 and Clause SC 6.4.

Annex II. Lump-Sum Contract IV. Appendices 84

Bank Guarantee for Advance Payment

_____________________________ [Bank’s Name, and Address of Issuing Branch or

Office]

Beneficiary: _________________ [Name and Address of Procuring Agency]

Date: ________________

ADVANCE PAYMENT GUARANTEE No.: _________________

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

Furthermore, we understand that, according to the conditions of the Contract, an advance

payment in the sum of [amount in figures] ([amount in words]) is to be made against an
advance payment guarantee.

At the request of the Consultant, we [name of Bank] hereby irrevocably undertake to pay
you any sum or sums not exceeding in total an amount of [amount in figures] ([amount in
words])56 upon receipt by us of your first demand in writing accompanied by a written
statement stating that the Consultant is in breach of its obligation under the Contract
because the Consultant has used the advance payment for purposes other than toward
providing the Services under the Contract.

It is a condition for any claim and payment under this guarantee to be made that the
advance payment referred to above must have been received by the Consultant in its
account number ___________ at [name and address of Bank].

The maximum amount of this guarantee shall be progressively reduced by the amount of
the advance payment repaid by the Consultant as indicated in copies of certified payment
statements which shall be presented to us. This guarantee shall expire, at the latest, upon
our receipt of the payment certificate indicating that the Consultant has made full
repayment of the amount of the advance payment, or on the __ day of ___________,
2___,57 whichever is earlier. Consequently, any demand for payment under this guarantee
must be received by us at this office on or before that date. The Guarantor agrees to a one-
time extension of this guarantee for a period not to exceed [six months][one year], in

56
The Guarantor shall insert an amount representing the amount of the advance payment and denominated
either in the currency or currencies of the advance payment as specified in the Contract, or in a freely
convertible currency acceptable to the Procuring Agency.
57
Insert the expected expiration date. In the event of an extension of the time for completion of the Contract,
the Procuring Agency would need to request an extension of this guarantee from the Guarantor. Such
request must be in writing and must be made prior to the expiration date established in the guarantee.
Annex II. Lump-Sum Contract IV. Appendices 85

response to the Procuring Agency’s written request for such extension, such request to be
presented to the Guarantor before the expiry of the guarantee.

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

_____________________
[signature(s)]

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