Section 2. Instructions to Consultants and Data Sheet [Notes to the Client: this part of Section 2, Instructions to Consultants, shall not be modified. Any necessary changes, acceptable to the Bank, to address specific country and project issues, to supplement, but not the provisions of the Instructions to Consultants (ITC), shall be introduced through the Data Sheet only. “Notes to the Client” should be deleted from the final RFP issued to the shortlisted Consultants]. Instructions to Consultants A. General Provisions Definitions “Affiliate(s)” means an individual or an entity that directly or indirectly controls, is controlled by, or is under common control with the Consultant. “Applicable Regulations” means Procurement Regulations for IPF Borrowers of date specified in the Data Sheet “Applicable Law” means the laws and any other instruments having the force of law in the Client’s country, or in such other country as may be specified in the Data Sheet, as they may be issued and in force from time to time. “Bank” means the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA). “Borrower” means the Government, Government agency or other entity that signs the [loan/financing/grant] agreement with the Bank. “Client” means the implementing agency that signs the Contract for the Services with the selected Consultant. “Consultant” means a legally-established professional consulting firm or an entity that may provide or provides the Services to the Client under the Contract. “Contract” means a legally binding written agreement signed between the Client and the Consultant and includes all the attached documents listed in its Clause 1 (the General Conditions of Contract (GCC), the Special Conditions of Contract (SCC), and the Appendices).
Environmental, Social, Health and Safety (ESHS) The Consultant shall submit the Code of Conduct that will apply to the Consultant’s Key Experts and Non-Key Experts, to ensure compliance with good Environmental, Social, Health and Safety (ESHS) practice as may be more fully described in the following: . [the Terms of Reference described in Section 7]; [Environmental and Social Impact Assessment (ESIA)]; [Environmental and Social Management Plan (ESMP)]; [Consent Conditions (regulatory authority conditions attached to any permits or approvals for the project)]; and [specify any other relevant document/s]
Consultant’s Representations Regarding Costs and Charges (Model Form I) (Expressed in {insert name of currency*}) Personnel 1 2 3 4 5 6 7 8 Name Position Basic Remuneration Rate per Working Month/Day/Year Social Subtotal Profit2 Away from Home Office Allowance Proposed Fixed Rate per Working Month/Day/Hour Proposed Fixed Rate per Working Home Office Client’s Country {* If more than one currency is used, use additional table(s), one for each currency} 1. Expressed as percentage of 1 2. Expressed as percentage of 4
wish to restrict such use, any of the following options, or any other option agreed to by the Parties, could be used: [The Consultant shall not use these [insert what applies…… documents and software………..] for purposes unrelated to this Contract without the prior written approval of the Client.] OR [The Client shall not use these [insert what applies…….documents and software………..] for purposes unrelated to this Contract without the prior written approval of the Consultant.] OR [Neither shall use these [insert what applies…….documents and software………..] for purposes unrelated to this Contract without the prior written approval of the other Party.] 32. Removal of Experts or [Note to Client: include the following for supervision of civil works contracts otherwise delete.] Insert the following as Sub-Paragraph 32.3 and renumber original 32.3 as Sub-Paragraph 32.4 “Key Experts, Non-Key Experts or Subconsultants who are to be in breach of the Consultant’s Code of Conduct (ESHS) (e.g. spreading communicable diseases, sexual harassment, gender based violence, illicit activity or crime) shall be replaced by the Consultant, or at the Client’s written request.” 35.1 (a) through (e) [List here any changes or additions to Clause GCC 35.1. If there are no such changes or additions, delete this Clause SCC 35.1.] 35.1(f) [List here any other assistance to be provided by the Client. If there is no such other assistance, delete this Clause SCC 35.1(f).] 41.2 The ceiling in foreign currency or currencies is: ____________________ [insert amount and currency for each currency] [indicate: inclusive or exclusive] of local indirect taxes. The ceiling in local currency is: ___________________ [insert amount and currency] [indicate: inclusive or exclusive] of local indirect taxes. Any indirect local taxes chargeable in respect of this Contract for the Services provided by the Consultant shall [insert as
appropriate: “be paid” or “reimbursed”] by the Client [insert as appropriate: “for“ or “to”] the Consultant. The amount of such taxes is ____________________ [insert the amount as finalized at the Contract’s negotiations on the basis of the estimates provided by the Consultant in Form FIN-2 of the Consultant’s Financial Proposal.] 42.3 Price adjustment on the remuneration …………….. [insert “applies” or “ does not apply”] [If the Contract is less than 18 months, price adjustment does not apply. If the Contract has duration of more than 18 months, a price adjustment provision on the remuneration for foreign and/or local inflation shall be included here. The adjustment should be made every 12 months after the date of the contract for remuneration in foreign currency and – except if there is very high inflation in the Client’s country, in which case more frequent adjustments should be provided for – at the same intervals for remuneration in local currency. Remuneration in foreign currency should be adjusted by using the relevant index for salaries in the country of the respective foreign currency (which normally is the country of the Consultant) and remuneration in local currency by using the corresponding index for the Client’s country. A sample provision is provided below for guidance: Payments for remuneration made in [foreign and/or local] currency shall be adjusted as follows: (1) Remuneration paid in foreign currency on the basis of the rates set forth in Appendix C shall be adjusted every 12 months (and, the first time, with effect for the remuneration earned in the 13th calendar month after the date of the Contract Effectiveness date) by applying the following formula: {or } where Rf is the adjusted remuneration; Rfo is the remuneration payable on the basis of the remuneration rates (Appendix C) in foreign currency; If is the official for salaries in the country of the foreign currency for the first month for which the adjustment is supposed to have effect; and