6.3.8 Dispute Resolution 6.3.8.1 The mechanisms for dispute resolution, intended to regulate events following the breach of a contract by one of the parties, shall be prescribed in the contract. This will include: The language and interpretation of the contract. Where more than one language is used, reference must be made to the language version which takes precedence; The governing law and forum of dispute resolution. For contracts to be performed in , the governing law should be the law of and the forum may be any mediation as designated by the parties by common agreement or National Arbitration Committee or the Courts of ; A clause requiring the parties to attempt to reach an amicable settlement before turning to the courts or other tribunals. Chapter VII Procurement of Consultants’ Services 7.1 Use of Consultants 7.1.1 The procuring agency may contract with firms of consultants or individual consultants for the purposes of the provision of expert advice or assistance in institutional matters and specialized services in connection with the implementation of projects and detailed engineering and design. 7.1.2 Consulting firms will be preferred where the work involves the application of expertise and requires the support of an organization with competent personnel. Individual consultants will be used where a particular assignment can be best carried out by an individual expert with the qualifications and experience. 7.2 Conflict of Interest 7.2.1 While selecting, the procurement agency will ensure that consultants provide professional, objective, and impartial advice and at all times hold the client’s interests paramount, without any consideration for future work, and that in providing advice they avoid conflicts with other assignments and their own corporate interests. Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of being unable to carry out the assignment in the best interest of the procuring agency. Consultants shall not be hired under the circumstances set forth below: A firm that has been engaged by the Procuring Agency to provide goods, works, or services (other than consulting services) for a project, and each of its affiliates, shall be disqualified from providing consulting services. a firm hired to provide consulting services for the preparation or implementation of a project, and each of its affiliates, shall be disqualified from subsequently providing goods, works or services (other than consulting services covered by these Guidelines) resulting from or directly related to the
Evaluation of the substantially responsive bids: There are (state any conditions) which warrant loading of the bid prices. No other specific evaluation criteria have been stipulated in the bidding document. The loading of the prices is therefore (specify the loading factor if none specify as NIL). As per Clause 4.5 of the Instructions to the Bidders, in order to qualify for award of the Contract, the substantially responsive bidders should meet the minimum qualifying criteria. Therefore the substantially responsive bids are evaluated against the following minimum qualifying criteria and evaluation table showing ranking of the bids are as follows: [for evaluation under new point based system(April 2011) attach the evaluation table showing the ranking of the bids generated from e-tool here]. Evaluation: In accordance with the Instruction to Bidders ITB 29, the work can be awarded to (insert name of Bidder) who has scored the maximum price preference –financial score as shown in the above table. Signature of the Evaluation Committee: 1. 2. 3. Enclosures: Copy of bidding document (Annex I) Copy of bid invitation and press advertisement (Annex II) Copies of amendment issued (Annex III) Minutes of bid opening (Annex IV) Determination table of responsiveness (Annex V) Minutes of pre-bid meeting (Annex VI) Comparative statement of offers (Annex VII) PRR-3 Sample Preliminary examination (Determination of responsiveness) Sl No. Name of bidders Verification Eligibility Bid security of bid Substantial Acceptance for detailed examination 1 A Yes No1 Yes Yes No No 2 B Yes Yes Yes Yes Yes Yes 3 C Yes Yes Yes No4 No No 4 D No2 Yes No3 Yes No No 5 E Yes Yes Yes Yes Yes Yes 6 F Yes Yes Yes Yes Yes Yes 1 Government owned enterprise and legally not autonomous. 2 Trade license not valid