Ethiopian Roads Authority

Standard Bidding Document

For Procurement of Consultancy Services
Request for Proposals (RFP)
National Competitive Bidding (NCB)

Subject of Procurement Consultancy Services for Construction Supervision

Procurement Reference S/24/NCB/RFP/GOE/2014EFY

Number
Project Name Construction Works Hosaena – Jajura – Gimbichu – Jacho
Road Project

Date of Issue of Request September, 2021

for Proposals

Addis Ababa, Ethiopia

 Request for Proposals

Table of Contents

Part 1 Bidding Procedures I

Section 1. Instructions to Consultants I
Section 2. Bid Data Sheet II
Section 3. Evaluation Methodology and Criteria III
Section 4. Bidding Forms IV
Section 5. Eligible Countries V
Part 2 Employer’s Requirement II
Section 6. Terms of Reference VI
Part 3 Contract VII
Section 7. General Conditions of Contract VII
Section 8. Special Conditions of Contract VIII
Section 9. Contract Forms IX

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Part 1 Bidding Procedures

Section 1. Instructions to Consultants
Table of Clauses
A. General 1
1. Introduction 1
2. Source of Funds 2
3. Fraud, Corruption and Complaints Provisions 2
4. Eligible Consultants 3
5. Conflict of Interest 4
B. Contents of Request for Proposals 5
6. Request for Proposals 5
7. Written Questions / Clarification of Request for Proposals 6
8. Modification to Request for Proposals 6
9. Pre-Proposal Conference 7
C. Preparation of Bid Proposals 7
10. Cost of Bidding 7
11. Language of Bid Proposal 7
12. Preparation of Bid Proposals 7
13. Joint Venture or Consortium 8
14. Professional Qualifications and Capability of the Consultant 8
15. Financial Standing of the Consultant 8
16. Technical Qualifications, Competence, and Experience of the Consultant 9
17. Professional Staff 9
18. Technical Proposal Format and Content 10
19. Financial Proposal Format and Content 12
20. Currencies of Financial Proposal and Payment 13
21. Period of Validity of Bid Proposals 13
22. Bid Security 13
23. Format and Signing of Bid Proposal 14
D. Submission and Opening of Bid Proposals 15
24. Sealing and Marking of Bid Proposals 15
25. Deadline for Submission of Bid Proposals 15
26. Late Bid Proposals 16
27. Withdrawal, Substitution, and Modification of Bid Proposals 16
28. Bid Proposal Opening 16
E. Evaluation and Comparison of Bid Proposals 17

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29. Confidentiality 17
30. Clarification of Bid Proposals 17
31. Responsiveness of Bid Proposals 18
32. Nonconformities and Omissions 18
33. Dubious price quotations and errors in calculation 18
34. Margin of Preference 19
35. Preliminary Examination of Bid Proposals 19
36. Legal, Professional, Technical, and Financial Admissibility of Bid Proposals
20
37. Evaluation of Technical Proposals 21
38. Opening of Financial Proposals 22
39. Evaluation of Financial Proposals 22
40. Comparison of Financial Proposals 23
41. Negotiations 24
42. Post-qualification Evaluation 24
43. Acceptance or Rejection of Bid Proposals 25
44. Re-advertising Bid Proposals 25
F. Award of Contract 25
45. Award Criteria 25
46. Right to Vary Quantities at Time of Award 25
47. Announcing and Awarding of the Successful Consultant 25
48. Signing of Contract 26
49. Performance Security 26

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Section 1. Instructions to Consultants

Part 2 General
1. Introduction
.1 The Public Body indicated in the Bid Data Sheet (BDS) is the Contracting Authority for
this procurement process and it is bound by the rules governing public procurement in the
Federal Democratic Republic of Ethiopia. It has the powers and duties to conclude a Contract
for the provision of Consultancy Services. Accordingly, this procurement process is being
conducted in accordance with the recent editions of the Ethiopian Federal Government
Procurement and Property Administration Proclamation and Public Procurement Directive
under the procurement method indicated in the BDS.
.2 By the issue of this Request for Proposals the Public Body invites shortlisted Consultancy
firms / organizations (hereinafter called the Consultants) to submit their Bid Proposals
containing the Technical and Financial Proposals separately with a view to entering into
Contract with the Public Body for the provision of Consultancy Services which general
description is provided in the BDS. The Bid Proposal will be the basis for contract negotiations
and ultimately for a signed Contract with the selected Consultant. The Consultancy Services
that are subject of this procurement process are more particularly specified in Section 6, Terms
of Reference upon the basis of the information supplied in and in accordance with this Request
for Proposals.
.3 Shortlisted Consultants may only submit one Bid Proposal. If the Consultants submits or
participates in more than one Bid Proposal such Bid Proposal shall be disqualified. However,
this does not limit the participation of the same Sub-Consultant, including individual experts, to
more than one Bid Proposal.
.4 The procurement reference number and number of lots of this Request for Proposals are
provided in the BDS. If Bid Proposals are being invited for individual contracts (lots) the
Consultant may submit a Bid Proposal for one lot only, several or all of the lots. Each lot will
form a separate contract and the quantities indicated for different lots will be indivisible. The
Consultant must offer the whole of the quantity or quantities indicated for each lot.
.5 This Section 1, Instructions to Consultants shall not form a part of the Contract. These
instructions are intended to assist shortlisted Consultants in the preparation of their Bid
Proposals.
.6 The Public Body is not bound to accept any Bid 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.
.7 The Public Body retains ownership of all Bid Proposals submitted in response to this
Request for Proposals. Consequently, Consultants have no right to have their Bid Proposals
returned to them except late Bid Proposals.
.8 In submitting a Bid Proposal, the Consultant accepts in full and without restriction this
Request for Proposals as the sole basis of this procurement procedure, whatever his own
conditions of sale may be, which he hereby waives. Consultants are expected to examine
carefully and comply with all instructions, forms, contract provisions and specifications
contained in this Request for Proposals. Failure to submit a Bid Proposal containing all the
required information and documentation within the deadline specified may lead to the rejection
of the Bid Proposal. No account can be taken of any reservation in the Bid Proposal as regards
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the Request for Proposals; any reservation will result in the immediate rejection of the Bid
Proposal without further evaluation.
.9 The permitted method of communication shall be in writing. Throughout this Request for
Proposals the term "in writing" means communicated in written form and delivered against
receipt.
2. Source of Funds
.10 The Public Body has an approved budget toward the cost of the procurement described in
the Section 6, Schedule of Requirement. The Public Body intends to use these funds to place a
Contract for which these Requests for Proposals are issued.
.11 Payments will be made directly by the Public Body and will be subject in all respects to
the terms and conditions of the resulting Contract placed by the Public Body.
3. Fraud, Corruption and Complaints Provisions
.12 The Government of the Federal Democratic Republic of Ethiopia (herein after called the
Government) represented by the Public Procurement and Property Administration Agency
(herein after called the Agency) requires Contracting Authorities, as well as Consultants to
observe the highest standards of ethics during the procurement and the execution of contracts.
In pursuance of this policy, the Government:
(a). Defines, for the purposes of this provision, the terms set forth below as follows:
(i) “Corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly,
of anything of value to influence improperly the action of a public official in the
procurement process or in contract execution;
(ii) “Fraudulent practice” is a misrepresentation or omission of facts in order to influence
a procurement process or the execution of a contract;
(iii) “Collusive practices” is a scheme or arrangement between two or more parties, with
or without the knowledge of the Public Body, designed to establish prices at artificial,
non-competitive levels; and
(iv) “Coercive practices” is harming or threatening to harm, directly or indirectly, parties
or their property to influence their participation in a procurement process, or affect the
execution of a contract.
(v) Obstructive practice is
 deliberately destroying, falsifying, altering or concealing of evidence material to
the investigation or making false statements to investigators in order to materially
impede the Federal Ethics and Anticorruption Commission, the Federal Auditor
General and the Public Procurement and Property Administration Agency or their
auditors' investigation into allegations of a corrupt, fraudulent, coercive or
collusive practice; and/or threatening, harassing or intimidating any party to
prevent them from disclosing their knowledge of matters relevant to the
investigation or from pursuing the investigation, or
 acts intended to materially impede the exercise of inspection and audit rights
provided for under ITC Clause 3.5 below.
(b). Will reject a recommendation 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;

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(c). Will debar a Consultant from participation in public procurement for a specified period of
time if it at any time determines the Consultant has engaged in corrupt, fraudulent,
collusive, coercive or obstructive practices in competing for, or in executing, a contract.
The List of Debarred Bidders is available on the Agency's Website http//www.ppa.gov.et.
.13 In pursuit of the policy defined in Sub-Clause 3.1, the Public Body may terminate a
contract for Consultancy Services if it at any time determines that corrupt or fraudulent
practices were engaged in by representatives of the Public Body or of a Consultant during the
procurement or the execution of that contract.
.14 Where it is proved that the Consultant has given or has offered to give inducement or bribe
to an official or procurement staff of the Public Body to influence the result of the Bid Proposal
in his favor shall be disqualified from the Bid Proposal, prohibited from participating in any
future public procurement and the bid security deposited by them shall be forfeited
.15 Consultants are required to indicate their acceptance of the provisions on fraud and
corruption, as defined in this clause through the statement in the Bid Proposal Submission Sheet.
.16 In further pursuance of this policy, Consultants shall permit the Agency to inspect their
accounts and records and other documents relating to the submission of Bid Proposals and
contract performance, and to have them audited by auditors appointed by the Agency.

.17 Subject to the recent editions of the Public Procurement Proclamation and Procurement
Directive, a candidate or a Consultant aggrieved or is likely to be aggrieved on account of the
Public Body requesting a Bid Proposal not complying with the provisions of the Proclamation
or Procurement Directive in conducting a Bid Proposal proceeding may present complaint to the
head of the Public Body to have the Bid Proposal proceeding reviewed or investigated. Any
complaint must be submitted in writing to the head of the Public Body, within five working
days from the date the Consultant knew, or should have known, of the circumstances giving rise
to the complaint. If the head of the Public Body does not issue a decision within ten working
days after submission of complaint, or the candidate or the Consultant is not satisfied with the
decision, it may submit a complaint to the Board within five working days from the date on
which the decision has been or should have been communicated to the candidate or the
Consultant by the Public Body. The Board's decision is binding for both parties.
4. Eligible Consultants
.18 A Consultant may be a natural person, private, public or government-owned legal entity,
subject to ITC Sub-Clause 4.5, or any combination of them with a formal intent to enter into an
agreement or under an existing agreement in the form of a Joint Venture (JV), consortium, or
association. In the case of a Joint Venture, consortium, or association:
(a). All parties to the Joint Venture, consortium or association shall be jointly and severally
liable, unless otherwise specified in the BDS; and
(b). A Joint Venture, consortium or association shall nominate a Representative who shall have
the authority to conduct all businesses for and on behalf of any and all the parties of the
Joint Venture, consortium or association during the bidding process and, in the event the
Joint Venture, consortium or association is awarded the Contract, during contract
execution.
.19 This Invitation for Bid Proposals is open to shortlisted Consultants (including all members
of a joint venture, sub-consultants and personnel) who have nationality of an eligible country, as
defined in Section 5, Eligible Countries. A Consultant shall be deemed to have the nationality of

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a country if the Consultant is a citizen or is constituted, incorporated, or registered and operates

in conformity with the provisions of the laws of that country. This criterion shall also apply to
the determination of the nationality of proposed subcontractors for any part of the Contract.
.20 A Consultant that has been debarred from participating in public procurement in
accordance with ITC Clause 3.1 (c), at the date of the deadline for Bid Proposal submission or
thereafter, shall be disqualified.
.21 Government-owned enterprises shall be eligible if they can establish that they are legally
and financially autonomous and operate under commercial law and that they are not a
dependent agency of the Public Body.
.22 Unless otherwise specified in the BDS, Consultants shall provide such evidence of their
eligibility satisfactory to the Public Body, to verify that the Consultant:
(a). Is not insolvent, in receivership, bankrupt or being wound up, not have had their business
activities suspended and not be the subject of legal proceedings for any of the foregoing
(b). Appropriate documentary evidence demonstrating its compliance, which shall include:
(i) Valid business license indicating the stream of business in which the Consultant is
engaged,
(ii) VAT registration certificate issued by the tax authority (only domestic Consultants in
case of contract value as specified in BDS),
(iii) Valid Tax clearance certificate issued by the tax authority (domestic Consultants
only);
(iv) Relevant professional practice certificates, if required in BDS.
(c). Foreign Consultants must as appropriate submit business organization registration
certificate or trade license issued by the country of establishment.
.23 To participate in this public procurement process, being registered in the suppliers list is a
prerequisite (mandatory for domestic Consultants only).
(a). Candidates desiring to participate in public procurement shall have to register themselves
using the form made available for this purpose in the website of the Public Procurement
and Property Administration Agency.
.24 Consultants shall provide such evidence of their continued eligibility satisfactory to the
Public Body, as the Public Body shall reasonably request in BDS.
5. Conflict of Interest
.25 The Government of the Federal Democratic Republic of Ethiopia (hereinafter called “the
Government”) requires that Consultants provide professional, objective, and impartial advice
and at all times hold the Public Body’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). A firm that has been engaged by the Public Body to provide goods, works or services other
than consultancy services for a project, and any of its affiliates, shall be disqualified from
providing consultancy services related to those goods, works or services. Conversely, a
firm hired to provide Consultancy services for the preparation or implementation of a
project, and any of its affiliates, shall be disqualified from subsequently providing goods or
works or services other than Consultancy services resulting from or directly related to the

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firm’s Consultancy services for such preparation or implementation. For the purpose of this
paragraph, services other than Consultancy services are defined as those leading to a
measurable physical output, for example surveys, exploratory drilling, aerial photography,
and satellite imagery.
(b). A Consultant (including its Personnel and Sub-Consultants) or any of its affiliates 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 Public Body. 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 Public Body in the privatization of public assets shall not purchase,
nor advise purchasers of, such assets. Similarly, a Consultant hired to prepare Terms of
Reference for an assignment should not be hired for the assignment in question.
(c). A Consultant (including its Personnel and Sub-Consultants) that has a business or family
relationship with a member of the Public Body’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 Government throughout the procurement process and the
execution of the Contract.
.26 Consultants have an obligation to disclose any situation of actual or potential conflict that
impacts their capacity to serve the best interest of the Public Body, 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.
.27 No agency or current employees of the Public Body shall work as Consultants under their
own ministries, departments or agencies. Recruiting former government employees of the
Public Body to work for their former ministries, departments or agencies is acceptable provided
no conflict of interest exists. When the Consultant nominates any government employee as
Personnel in their technical proposal, such Personnel must have written certification from their
government or employer confirming that they are on leave without pay from their official
position and allowed to work full-time outside of their previous official position. Such
certification shall be provided to the Public Body by the Consultant as part of his technical
proposal.
.28 If a shortlisted Consultant could derive a competitive advantage from having provided
Consultancy services related to the assignment in question, the Public Body shall make
available to all shortlisted Consultants together with this RFP all information that would in that
respect give such Consultant any competitive advantage over competing Consultants.

Part 3 Contents of Request for Proposals

6. Request for Proposals
.29 The Request for Proposals consist of Parts 1, 2, and 3, which include all the Sections
indicated below, and should be read in conjunction with any Addenda issued in accordance with
ITC Clause 8.
Part 1 Bidding Procedures
 Section 1 Instructions to Consultants (ITC)
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 Section 2 Bid Data Sheet (BDS)

 Section 3 Evaluation Methodology and Criteria
 Section 4 Bidding Forms
 Section 5 Eligible Countries
Part 2 Schedule of Requirements
Section 6 Terms of Reference
Part 3 Contract
Section 7 General Conditions of Contract (GCC)
Section 8 Special Conditions of Contract (SCC)
Section 9 Contract Forms
.30 The Invitation for Expression of Interest is not part of the Request for Proposals. In case of
discrepancies between the Invitation to Bid and the Bidding Documents listed in ITC Clause 6.1
above, said Bidding Documents will take precedence.
.31 The Public Body is not responsible for the incompleteness of the Request for Proposals
and their addenda, if they were not obtained directly from the Public Body. Consultants who did
not obtain the Request for Proposals directly from the Public Body will be rejected during
evaluation.
.32 The Consultant is expected to examine all instructions, forms, terms, and specifications in
the Request for Proposals. Failure to furnish all information or documentation required by the
Request for Proposals may result in the rejection of the Bid Proposal.
7. Written Questions / Clarification of Request for Proposals
.33 The Consultant requiring any clarification of the Request for Proposals shall contact the
Public Body in writing at the Public Body’s address indicated in the BDS. The Public Body will
respond in writing to any request for clarification, provided that such request is received no later
than ten (10) days prior to the deadline for submission of Bid Proposals. The Public Body shall
forward copies of its response to all Consultants who have received the Request for Proposals
directly from it, including a description of the inquiry but without reference to the identity of the
shortlisted Consultant initiating the request. Should the Public Body deem it necessary to amend
the Request for Proposals as a result of a clarification, it shall do so following the procedure
under ITC Clause 8 and Sub-Clause 25.2.
.34 Only the written responses will be considered official and carry weight in this procurement
process and subsequent evaluation. Any answers received outside the official channels, whether
received verbally or in writing, from employees or representatives of the Public Body, or any
other party, shall not be considered official responses to questions regarding this Request for
Proposals.
8. Modification to Request for Proposals
.35 Where Public Body finds it necessary to introduce modification to the Request for
Proposals on its initiative or on the basis of request for clarification by Consultant, the Public
Body may modify the Request for Proposals at any time prior to the deadline for submission of
Bid Proposals.
.36 Any alteration to the content of the Request for Proposals shall at the same time be
communicated in the form of an amendment to all Consultants who received the Request for
Proposals and will be binding on them. Consultants are required to immediately acknowledge
receipt of any such amendment, and it will be assumed that the information contained in the

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amendment will have been taken into account by the Consultant in its Bid Proposal.
.37 The Public Body may, at its discretion, extend the closing date for submission of Bid
Proposals where it modifies a Request for Proposals as per Clause 8.1 above, if it is assumed
that the time remaining before the closing date is not sufficient for Consultants to prepare
adjusted Bid Proposal Documents on the basis of such modification.
9. Pre-Proposal Conference
.38 If the Public Body deems it to be appropriate, it may hold a Pre-Bid Conference for
prospective Consultants who received a Request for Proposals for clarification and discussion
on the Request for Proposals or modification thereto.
.39 The Public Body shall give written notice to all Consultants who received a Request for
Proposals to attend the Pre-Proposal Conference, Notice will include time, date, and address
where Pre-Proposal Conference will be held.
.40 The Public Body shall welcome all shortlisted Consultants to attend this Pre-Proposal
Conference. To give all shortlisted Consultants the opportunity to participate in the Pre-
Proposal conference, shortlisted Consultants are limited to sending two representatives to this
conference. All the costs of attending this conference will be borne by the shortlisted
Consultants.
.41 The Public Body invites all shortlisted Consultants to submit their questions / request for
clarification by time and date and to the address indicated in the BDS Clauses 7.1 and 7.2.
.42 The Pre-Proposal Conference shall be minuted. Copies of the minute shall be delivered to
all shortlisted Consultants who received the Request for Proposals to enable them prepare their
Bid Proposal documents by incorporating the content of clarification or modification.

Part 4 Preparation of Bid Proposals

10. Cost of Bidding
.43 The Consultant shall bear all costs associated with the preparation and submission of its
Bid Proposal and contract negotiation, and the Public Body shall not be responsible or liable for
those costs, regardless of the conduct or outcome of the bidding process.
11. Language of Bid Proposal
.44 The Bid Proposal, as well as all correspondence and documents relating to the Bid
Proposal exchanged by the Consultant and the Public Body, shall be written in the language
specified in the BDS.
.45 Bid Proposals and supporting documents of Consultants prepared in a language other than
language of Bid Proposal shall have to be translated by a legally competent interpreter into
language of Bid Proposal and a copy of the translation has to be submitted together with the
original documents, especially where such documents pertain to the fundamental elements of
the Bid Proposal.
.46 If the Public Body detects discrepancy between language of the original document and the
translated version, it shall reject the documents unless such discrepancy constitutes minor
deviation from the requirement stated in the Request for Proposals.
12. Preparation of Bid Proposals
.47 Consultants are requested to submit separate Technical and Financial Proposals
.48 In preparing their Bid Proposal, Consultants are expected to examine in detail the
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documents comprising the Request for Proposal. Material deficiencies in providing the
information requested may result in rejection of a Bid Proposal.
.49 The Public Body shall provide the inputs specified in the Section 6, Terms of Reference
and make available relevant project data and reports
.50 An invitation to submit Bid Proposals has been sent to the Consultants stated in the BDS
13. Joint Venture or Consortium
.51 If a shortlisted Consultant considers that it may enhance its expertise for the assignment by
associating with other Consultants in a joint venture or sub-consultancy, it may associate with
individual consultant(s) or other firms or entities or by sub-contracting as appropriate. A
shortlisted Consultant must first obtain the approval of the Public Body if it wishes to enter into
a joint venture with other firms not invited for this assignment, unless otherwise specified in the
BDS. In case of association with non-shortlisted Consultant(s), the shortlisted Consultant shall
act as association leader.
.52 Consultants shall not associate with other Consultants invited for this assignment, unless
otherwise specified in the BDS.
.53 The same sub-Consultant may be included in several proposals, subject to any limitations
in the BDS. Any limits on the percentage of the total proposed contract price which may be
subcontracted are stated in the BDS.
.54 If Consultant is a joint venture or consortium of two or more entities, the Bid Proposal
must be single with the object of securing a single contract; authorized person must sign the Bid
Proposal and will be jointly and severally liable for the Bid Proposal and any contract. Those
entities must designate one of their members to act as the leader with authority to bind the joint
venture or consortium. The composition of the joint venture or consortium must not be altered
without the prior consent in writing of the Public Body.
.55 The Bid Proposal may be signed by the representative of the joint venture or consortium
only if he has been expressly so authorized in writing by the members of the joint venture or
consortium, and the authorizing contract, no trial act or deed must be submitted to the Public
Body. All signatures to the authorizing instrument must be certified in accordance with the
national laws and regulations of each party comprising the joint venture or consortium together
with the powers of attorney establishing, in writing, that the signatories to the Bid Proposal are
empowered to enter into commitments on behalf of the members of the joint venture or
consortium. Each member of such joint venture or consortium must prove to the satisfaction of
the Public Body that they comply with the necessary legal, technical and financial requirements
and have the wherewithal to carry out the contract effectively.
14. Professional Qualifications and Capability of the Consultant
.56 If required, in order to proof their professional qualifications and capability Consultants
must provide their team skills matrix and personnel statistics for the period specified in the BDS
by completing relevant tables in the form entitled Consultants Certification of Compliance
furnished in Section 4, Bidding Forms.
.57 For key individuals who actually will be performing the activities described in the Request
for Proposal, Consultant must provide resumes that identify years of experience, relevant
project implementation experience, and relevant education and training.
.58 Consultants must provide references for the proposed personnel, ensuring that references
provided will be available to be contacted during the evaluation timeframe for this Request for
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Proposals.
15. Financial Standing of the Consultant
.59 If required in BDS, in order to proof that it has adequate financial resources to manage this
Contract the Consultant must present its financial data by completing relevant table in the form
entitled Consultants Certification of Compliance that is furnished in Section 4, Bidding Forms.
.60 Along with the proof referred to in Clause 15.1 the documents that are required as proof of
the Consultant's financial standing are the following:
(a). Financial statements certified by an independent auditor;
(b). Other documents as stated in the BDS.
16. Technical Qualifications, Competence, and Experience of the Consultant
.61 The Consultant must present a description of its company and organization, with
appropriate reference to any parent company and subsidiaries. The Consultant shall also include
details demonstrating the Consultant’s experience and ability in providing the Consultancy
Services listed in Section 6, Terms of Reference. Also, Consultant shall include a description of
how it plans to manage the Consultancy Services included in this Request for Proposals in
addition to its other ongoing projects.
.62 This information shall be included in a separate form entitled Consultants Certification of
Compliance that is furnished in Section 4, Bidding Forms.
.63 As a proof of satisfactory execution of contracts the Consultant must provide Certificates
of satisfactory execution of previous contracts provided by the other contracting party to the
contracts concerned in number and within the period specified in the BDS for similar sized/type
contracts with a budget of at least that of this contract, unless otherwise specified in the BDS
including contact information for verification and inspection so as to provide due diligence.
Contact information should include, at a minimum: name, function, address, e-mail, and phone
number. Each reference provided should be the client’s responsible project administrator or a
senior official of the client who is familiar with the Consultant’s performance and with the
Consultant’s system capabilities, and who may be contacted by the Public Body during the
evaluation process.
.64 The Certificate of satisfactory execution of contracts shall include the following data:
(a). The name and place of establishment of the contracting parties,
(b). The subject-matter of the contract,
(c). The value of the contract
(d). The time and place of performance of the contract,
(e). A statement concerning the satisfactory execution of contracts.
.65 If, for objective reasons, such a certificate cannot be obtained from a contracting party, a
statement issued by the Consultant concerning satisfactory execution of contracts may also be
valid, on presentation of proof that the certificate was requested.
.66 If the Consultant(s) propose a joint venture all of the information listed above must be
provided for all of the joint venture members. This information shall be in separate sections,
one section per joint venture member. In addition, the Bid Proposal shall provide the
agreements that support the relationships between joint venture members.
.67 Unless otherwise specified in the BDS, the Public Body reserves the right to undertake

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physical checking of current Consultant's technical qualifications and competence in order to

make sure that the Consultant has adequate qualifications to manage this Contract.
17. Professional Staff
.68 The estimated number of professional staff-months or the budget for executing the
assignment shall be shown in the BDS, but not both. However, the Proposal shall be based on
the number of professional staff-months or budget estimated by the Consultants.
.69 For fixed-budget-based assignments, the available budget is given in the BDS, and the
Financial Proposal shall not exceed this budget, while the estimated number of professional
staff-months shall not be disclosed.
.70 It is desirable that the majority of the proposed professional staff is permanent employees
of the Consultant or has an extended and stable working relationship with the Consultant.
.71 Proposed staff must have relevant experience, preferably under conditions similar to those
prevailing in the Federal Democratic Republic of Ethiopia.
.72 Alternative professional staff shall not be proposed, and only one Curriculum Vitae (CV)
may be submitted for each position.

18. Technical Proposal Format and Content

.73 All Technical Proposals submitted must comply with the requirements in the Request for
Proposals and comprise the following:
.74 Depending on the nature of the assignment, Consultants are required to submit a Full
Technical Proposal (FTP), or a Simplified Technical Proposal (STP). The BDS indicates the
format of the Technical 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 using the attached Standard
Forms (Section 4).
Mandatory documentary evidence establishing the Consultant's qualification is the following:
(a). Technical Proposal Submission Sheet (Section 4, Form T 1) including the following
mandatory attachments:
(i) VAT registration certificate issued by the tax authority (only domestic Consultants in
case of contract value as specified in BDS Clause 4.5(b) (ii);
(ii) A valid tax clearance certificate issued by the tax authority (domestic Consultants
only);
(iii) Business organization registration certificate or trade license issued by the country of
establishment (foreign Consultants only);
(iv) Relevant professional practice certificates, as appropriate.
(b). Consultant Certification of Compliance (Section 4, Form T 2) including the following
mandatory information and attachments:
(i) Brief description of the Consultants’ organization [Form T 2, Sub-Clause (c)]:
 For the FTP only: a brief description of the Consultants’ organization and an
outline of recent experience of the Consultants and, in the case of joint venture, for
each partner, on assignments of a similar nature is required in Sub-Clauses (c) and
(d) of Form T 2. For each assignment, the outline should indicate the names of Sub-
Consultants/ Professional staff who participated, duration of the assignment,

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contract amount, and Consultant’s involvement. Information should be provided

only for those assignments for which the Consultant was legally contracted by the
Public Body as a corporation or as one of the major firms within a joint venture.
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 Public Body.
 For the STP the above information is not required and Sub-Clauses Clauses (c) and
(d) of Form T 2 shall not be used.
(ii) Comments and suggestions on the Terms of Reference and on the Staff and Facilities
to be provided by the Public Body [Form T 2, Sub-Clauses (f) and (g)]:
 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 Public Body (Form T 3 of Section 4)
 For the STP Sub-Clauses (f) and (g) of Form T 2 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-Clause 18.2 (c) (ii)).
(iii) Written statement by a power of attorney (or notary statement, etc.) proving that the
person, who signed the Bid Proposal on behalf of the company/joint
venture/consortium, is duly authorized to do so, as stipulated in ITC Clause 23.2.
(iv) Documents required in the BDS Clause 15.2 as proof of the Consultant's financial
standing.
(v) Certificates of satisfactory execution of contracts provided by contracting parties to
the contracts successfully completed in the course of the period as specified in the
BDS with a budget of at least that of this contract, unless otherwise specified in the
BDS Clause 16.3.
(vi) CVs of the Professional staff signed by the staff themselves or by the authorized
representative of the Professional Staff (Form T 4 of Section 4).
(c). Technical Proposal (Section 4, Form T 3) including description of the approach,
methodology and work plan, and mandatory attachments, as follows:
(i) For the FTP, and STP: a description of the approach, methodology and work plan for
performing the assignment 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 T 3 of
Section 4. The work plan should be consistent with the Table Work Schedule (Sub-
Clause (d) of Form T 3) 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, and comments and
suggestions, if any, on Terms of Reference and counterpart staff and facilities.
(iii) 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 (Sub-Clause (e) of Form
T 3).
(iv) Estimates of the staff input (staff-months of foreign and local professionals) needed to
carry out the assignment (Sub-Clause (f) of Form T 3). The staff- months input should
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be indicated separately for home office and field activities, and for foreign and local
Professional staff.
(v) For the FTP only: a detailed description of the proposed methodology and staffing for
training, if the TOR specifies training as a specific component of the assignment.
(d). Bid Security, in accordance with ITC Clause 22.
(e). In the case of a bid submitted by a joint venture (JV), the Form Data on Joint Ventures, the
Agreement governing the formation of joint venture, or letter of intent to form JV,
including a draft agreement, in accordance with ITC Clause 4.1.
(f). Any other document or information required to be completed and submitted by
Consultants, as specified in the BDS
.75 The Technical Proposal shall not include any financial information. A Technical Proposal
containing financial information may be declared non responsive.

19. Financial Proposal Format and Content

.76 All Financial Proposals submitted must comply with the requirements in the Request of
Proposal and shall list all costs associated with the assignment, using the following mandatory
documentary evidence and standard forms contained in Section 4, Bidding Forms that will
establish the Consultant's qualification:
(a). Financial Proposal Submission Sheet (Section 4, Form F 1);
(b). Financial Proposal (Section 4, Form F 2) including the following mandatory information
and attachments:
(i) Financial Proposal Total Price (Sub-Clause (a) of Form F 2);
(ii) Breakdown of Financial Proposal by activity (Sub-Clause (b) of Form F 2);
(iii) Breakdown of Fees (Time-Based), (Sub-Clause (c) of Form F 2);
(iv) Breakdown of Fees (Lump-Sum), (Sub-Clause (d) of Form F 2);
(v) Breakdown of Reimbursable Expenses as indicated in BDS (Time-Based), (Sub-
Clause (e) of Form F 2);
(vi) Breakdown of Reimbursable Expenses (Lump-Sum), (Sub-Clause (f) of Form F 2);
.77 The total Financial Proposal price shall be broken down into the following cost
components using the appropriate forms:
(a). Fees for staff, indicating rates for home and field work, where appropriate; and
(b). Reimbursable expenditure, such as subsistence, transportation (international and local for
mobilization and demobilization), services and equipment (vehicles, office equipment,
furniture, and supplies), printing of documents, translation, and other incidental expenses as
indicated in the BDS Clause 19.1(b) (v).
(c). Where a foreign Consultant plans to use local Consultants the portion of the Financial
Proposal representing such local cost shall be expressed in ETB.
.78 Where indicated in the BDS, the total Financial Proposal price shall be broken down into
separate activities and corresponding tables in Financial Proposal (Form F 2) shall be completed
for each activity.
.79 The Financial Proposal should clearly estimate, as a separate amount, the local taxes (such
as: value added or sales tax, social charges or income taxes on nonresident Foreign Personnel,
duties, fees, levies) and other charges imposed on the Consultant and their personnel (other than
nationals of or permanent residents in the Federal Democratic Republic of Ethiopia), unless the
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BDS specifies otherwise.

.80 The completed Financial Proposal forms, adjusted if necessary during evaluation or
negotiation, will be used in any resulting Agreement, to compile the:
(a). Breakdown of Contract Price in the case of a Lump Sum contract, which will be used only
to determine prices for any additional Services or costs;
(b). Cost Estimates in the case of a Time-Based contract, with payment being made for the
actual inputs provided, using the rates in the Cost Estimates.
.81 The Consultant offering conditional discounts shall indicate the methodology for their
application in the Financial Proposal Submission Sheet.
.82 If so indicated in BDS Sub-Clause 1.4, Proposals are being invited for individual contracts
(lots) or for any combination of contracts (packages). Unless otherwise indicated in the BDS,
prices quoted shall correspond to 100 % of the items specified for each lot and to 100% of the
quantities specified for each item of a lot. Consultants wishing to offer any price reduction for
the award of more than one Contract shall specify in their Financial Proposal the price
reductions applicable to each package or, alternatively, to individual Contracts within the
package. Price reductions shall be submitted in accordance with ITC Sub-Clause 19.6, provided
the Financial Proposals for all lots are submitted and opened at the same time.
.83 The type of contract is indicated in the Special Conditions of Contract.
20. Currencies of Financial Proposal and Payment
.84 For those inputs to the Consultancy Services which the Consultant expects to provide from
within Ethiopia, the prices shall be quoted in the Ethiopian Birr, unless otherwise specified in
the BDS.
.85 For those inputs to the Consultancy Services which the Consultant expects to provide from
outside Ethiopia, the prices shall be quoted in the freely convertible currency. If the Consultant
wishes to be paid in a combination of amounts in different currencies, it may quote its price
accordingly but use no more than three currencies different from Ethiopian Birr.
21. Period of Validity of Bid Proposals
.86 Bid Proposals shall remain valid for the period specified in the BDS after the Bid Proposal
submission deadline prescribed by the Public Body. A Bid Proposal valid for a shorter period
may be rejected by the Public Body as non-responsive. During this period, Consultants shall
maintain the availability of Professional staff nominated in the Bid Proposal. The Public Body
will make its best effort to complete negotiations within this period.
.87 In exceptional circumstances, prior to expiry of the Bid Proposal validity period, the Public
Body may request Consultants to extend the period of validity of their Bid Proposals. The
request and the responses shall be made in writing.
.88 Consultants who are not willing to extend their Bid Proposal validity period for what ever
reason shall be disqualified from the bid without having forfeited their bid security.
.89 Consultants agreeing to the Public Body’s request for extension of their Bid Proposal
validity period have to express in writing their agreement to such request. Consultants who
agree to such extension shall confirm that they maintain the availability of the Professional staff
nominated in the Bid Proposal, or in their confirmation of extension of validity of the Bid
Proposal, Consultants could submit new staff in replacement, who would be considered in the
final evaluation for contract award. Similarly, they have to amend the validity period of their
bid security on the basis of the extension of the Bid Proposal validity period they have agreed
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to, or alternatively, furnish new bid security to cover the extended period.
.90 A Consultant not agreeing to extend the validity period of his/its bid security shall be
treated as a Consultant refusing the Public Body’s request for extension of Bid Proposal validity
period, and as such, shall be disqualified from further bid proceeding.
22. Bid Security
.91 Unless otherwise specified in the BDS, the Consultant shall furnish as part of its Bid Proposal, a
bid security in original form and in the amount and currency specified in the BDS. A copy of
bid security, if submitted without original form, shall not be accepted.

.92 The bid security shall be, at the Consultant’s option, in any of the following forms:
(a). An unconditional Bank Guarantee;
(b). An irrevocable Letter of Credit;
(c). Cash, check certified by a reputable bank or financial institution, or payable order;
all from a reputable source from any eligible country. Securities issued by foreign banks or
financial institutions shall be counter-guaranteed by an Ethiopian bank. The bid security
shall be submitted either using the Bid Security Form included in Section 4, Bidding
Forms, or in another substantially similar format approved by the Public Body. In either
case, the form must include the complete name of the Consultant. The bid security shall be
valid for twenty-eight days (28) beyond the end of the validity period of the Bid Proposal.
This shall also apply if the period for Bid Proposal validity is extended.
.93 The Bid Security of a Joint Venture shall be issued in the name of the Joint Venture submitting
the bid provided the Joint Venture has legally been constituted, or else it shall be issued in the
name of all partners proposed for the Joint Venture in the bid. Sanctions due to a breach of the
terms of a Bid Security pursuant to ITC Clause 22.7 will apply to all partners to the Joint
Venture.
.94 Any Bid Proposal not accompanied by a substantially responsive bid security, if one is required
in accordance with ITC Sub-Clause 22.1, shall be rejected by the Public Body as non
responsive.
.95 The bid security of unsuccessful Consultants shall be returned as promptly as possible upon the
successful Consultant’s furnishing of the performance security pursuant to ITC Clause 49.
(a). The bid security of the successful Consultant shall be returned as promptly as possible once
the successful Consultant has signed the Contract and furnished the required performance
security.
.96 The bid security may be forfeited:
(a). If a Consultant withdraws its Bid Proposal during the period of bid validity specified by the
Consultant on the Bid Submission Sheet, except as provided in ITC Sub-Clause 21.2; or
(b). If the successful Consultant fails to:
(i) Sign the Contract in accordance with ITC 48;
(ii) Furnish a performance security in accordance with ITC Clause 49; or
.97 The bid security furnished by foreign Consultants from a bank outside of Ethiopia has to be
unconditional and certified or counter guaranteed by local banks.
23. Format and Signing of Bid Proposal
.98 The original Bid Proposal (Technical Proposal and Financial Proposal) shall contain no

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interlineations or overwriting, except as necessary to correct errors made by the Consultants

themselves. The person who signed the proposal must initial such corrections. Submission
letters for both Technical and Financial Proposals should respectively be in the formats of T 1
and F 1 of Section 4.
.99 The original and all copies of the Technical Proposal and Financial Proposal shall be typed
or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of
the Consultant. This authorization shall consist of a written statement by a power of attorney (or
notary statement, etc.) proving that the person, who signed the Technical Proposal and Financial
Proposal on behalf of the consultant/joint venture/consortium is duly authorized to do so and it
shall be attached to the Technical Proposal and Financial Proposal. The name and position held
by each person signing the authorization must be typed or printed below the signature. The
signed Technical and Financial Proposals shall be marked “ORIGINAL”
.100 All pages of the original Technical and Financial Proposals, except for non-amended
printed literature, shall be signed or initialed by the person signing the Technical Proposal and
Financial Proposal.

Part 5 Submission and Opening of Bid Proposals

24. Sealing and Marking of Bid Proposals
.101 The Technical Proposal shall be marked “ORIGINAL” or “COPY” as appropriate. The
original and all copies of the Technical Proposal shall be placed in a sealed envelope clearly
marked “TECHNICAL PROPOSAL”. All required copies of the Technical Proposal are to be
made from the original.
.102 Similarly, the original and all copies of the Financial Proposal shall be placed in a sealed
envelope clearly marked “FINANCIAL PROPOSAL” followed by the procurement reference
number and the name of the assignment, and with a warning "DO NOT OPEN WITH THE
TECHNICAL PROPOSAL".
.103 In the event of any discrepancy between the original and the copies of the Technical
Proposal and Financial Proposal, the original shall prevail
.104 The envelopes containing the Technical and Financial Proposals shall be placed into an
outer envelope and sealed.
.105 The outer envelope shall:
(a). Be addressed to the Public Body in accordance with ITC Sub-Clause 25.1;
(b). Bear the subject of the assignment or the Project name, and procurement reference number
indicated in the BDS;
(c). Be clearly marked "DO NOT OPEN BEFORE THE TIME AND DATE FOR BID
PROPOSAL OPENING".
.106 The outer envelopes shall also indicate the name and address of the Consultant to enable
the Bid Proposal to be returned unopened in case it is declared “late” pursuant to ITC Clause
26.1.
.107 The Proposals must be sent to the addresses referred to in Sub-Clause 25.1 by registered
post or by hand and in the number of copies indicated in the BDS, and received by the Public
Body no later than the time and the date indicated in the BDS, or any extension to this date in
accordance with Sub-Clause 25.2. Any proposal received by the Public Body after the deadline

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for submission shall be declared late, rejected, and returned unopened to the Consultant.
.108 The Public Body shall not be responsible for misplacement, losing or premature opening if
the outer envelope is not sealed and/or marked as stipulated. This circumstance may be case for
Proposal rejection. If the Financial Proposal is not submitted in a separate sealed envelope duly
marked as indicated above, this will constitute grounds for declaring the Proposal non-
responsive.
25. Deadline for Submission of Bid Proposals
.109 Bid Proposals must be received by the Public Body at the address and no later than the
date and time indicated in the BDS.
.110 The Public Body may, at its discretion, extend the deadline for the submission of Bid
Proposals by amending the Request for Proposals in accordance with ITC Clause 8, in which
case all rights and obligations of the Public Body and Consultants previously subject to the
deadline shall thereafter be subject to the deadline as extended.
26. Late Bid Proposals
.111 The Public Body shall not consider any Bid Proposal that arrives after the deadline for
submission of Bid Proposals, in accordance with ITC Clause 26. Any Bid Proposal received by
the Public Body after the deadline for submission of Bid Proposals shall be declared late,
rejected, and returned unopened to the Consultant.
27. Withdrawal, Substitution, and Modification of Bid Proposals
.112 A Consultant may withdraw, substitute, or modify its Bid Proposal after it has been
submitted by sending a written notice, duly signed by an authorized representative, and shall
include a copy of the authorization in accordance with ITC Sub-Clause 23.2, (except that
withdrawal notices do not require copies). The corresponding substitution or modification of the
Bid Proposal must accompany the respective written notice. All notices must be:
(a). Submitted in accordance with ITC Clauses 23 and 24 (except that withdrawals notices do
not require copies), and in addition, the respective envelopes shall be clearly marked
“Withdrawal,” “Substitution,” “Modification;” and
(b). Received by the Public Body prior to the deadline prescribed for submission of Bid
Proposals, in accordance with ITC Clause 25.
.113 Bid Proposals requested to be withdrawn in accordance with ITC Sub-Clause 27.1 shall be
returned unopened to the Consultants. Bid Proposal withdrawal notices received after the Bid
Proposal submission deadline will be ignored, and the submitted Bid Proposal will be deemed
to be a validly submitted Bid Proposal.
.114 No Bid Proposal may be withdrawn, substituted, or modified in the interval between the
deadline for submission of Bid Proposals and expiry of the period of Bid Proposal validity
specified by the Consultant on the Bid Submission Sheet or any extension thereof.

28. Bid Proposal Opening

.115 The Public Body shall conduct the Bid Proposal opening in the presence of Consultants`
designated representatives who choose to attend, and at the address, date and time specified in
the BDS. The opening of the Bid Proposal shall not be affected by the absence of the
Consultants on their own will.
.116 First, outer envelopes marked “WITHDRAWAL” shall be opened and read out and the
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envelope with the corresponding Bid Proposal shall not be opened, but returned to the
Consultant. No Bid Proposal withdrawal shall be permitted unless the corresponding
withdrawal notice contains a valid authorization to request the withdrawal and is read out at Bid
Proposal opening. Next, outer envelopes marked “SUBSTITUTION” shall be opened and read
out and exchanged with the corresponding Bid Proposal being substituted, and the substituted
Bid Proposal shall not be opened, but returned to the Consultant. No Bid Proposal substitution
shall be permitted unless the corresponding substitution notice contains a valid authorization to
request the substitution and is read out at Bid Proposal opening. Outer envelopes marked
“MODIFICATION” shall be opened and read out with the corresponding Bid Proposal. No Bid
Proposal modification shall be permitted unless the corresponding modification notice contains
a valid authorization to request the modification and is read out at Bid Proposal opening. Only
envelopes that are opened and read out at Bid Proposal opening shall be considered further.

.117 All outer envelopes containing Technical Proposals shall be opened one at a time, reading
out: the name of the Consultant, the presence of a bid security, if required; and any other salient
points of the Technical Proposal as the Public Body may consider appropriate.
.118 No Bid Proposal shall be rejected at Bid Proposal opening except for late Bid Proposals, in
accordance with ITC Sub-Clause 26.1.
.119 The envelopes containing the Financial Proposals of all Consultants shall be put into one
large envelope unopened. The large envelope containing the financial proposals shall be
properly sealed and labeled with the procurement reference number and a statement indicating
that the envelopes therein contain financial proposals written on it and employees of the Public
Body executing the bid opening proceeding putting their respective signatures on it. The large
envelope containing the financial proposals shall remain sealed and kept carefully under the
custody of the procurement unit or any other unit entrusted with the custody of the envelope
until the second bid opening preceding.
.120 The Public Body shall record the minutes of the Bid Proposal opening that shall include, as
a minimum: the name of the Consultant and whether there is a withdrawal, substitution, or
modification, the presence or absence of a Bid Proposal security, if one was required, and any
other salient points raised in the Bid Proposal opening proceeding. The Consultants’
representatives who are present shall be requested to sign the attendance sheet. The omission of
a Consultant’s signature on the attendance sheet shall not invalidate the contents and effect of
the minutes. A copy of the minutes shall be distributed to all Consultants.
.121 Any Bid Proposal not opened and read out during the Bid Proposal opening proceeding
shall not be considered for further evaluation.

Part 6 Evaluation and Comparison of Bid Proposals

29. Confidentiality
.122 Information relating to the examination, evaluation, clarification, and comparison of Bid
Proposals, and recommendation of contract award, shall not be disclosed to Consultants or any
other persons not officially concerned with such process until information on Contract award is
communicated to all Consultants.
.123 Any effort by a Consultant to influence the Public Body in the examination, evaluation,
and comparison of the Bid Proposals or Contract award decisions may result in the rejection of
its Bid Proposal.

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.124 Notwithstanding ITC Sub-Clause 29.2, from the time of Bid Proposal opening to the time
of Contract award, if any Consultant wishes to contact the Public Body on any matter related to
the bidding process, it should do so in writing.
30. Clarification of Bid Proposals
.125 To assist in the examination, evaluation, and comparison of the Bid Proposals, the Public
Body may, at its sole discretion, ask any Consultant for a clarification of its Bid Proposal. Any
clarification submitted by a Consultant that is not in response to a request by the Public Body
shall not be considered. The Public Body’s request for clarification and the response shall be in
writing. No change in the prices or substance of the Bid Proposal shall be sought, offered, or
permitted, except to confirm the correction of arithmetic errors discovered by the Public Body
in the evaluation of the Financial Proposals, in accordance with ITC Clause 33.
.126 If a Consultant does not provide clarifications of its bid by the date and time set in the
Public Body’s request for clarification, its bid may be rejected.
31. Responsiveness of Bid Proposals
.127 The Public Body’s determination of a Bid Proposal’s responsiveness is to be based on the
contents of the Bid Proposal itself.
.128 A substantially responsive Bid Proposal is one that conforms to all the terms, conditions,
and specifications of the Request for Proposals without material deviation, reservation, or
omission. A material deviation, reservation, or omission is one that:
(a). If accepted, would,
(i) Affects in any substantial way the scope or quality of the consultancy service
specified in the Contract; or
(ii) Limits in any substantial way, inconsistent with the Request for Proposals, the Public
Body’s rights or the Consultant’s obligations under the Contract; or
(b). If rectified would unfairly affect the competitive position of other Consultants presenting
substantially responsive Bid Proposal Proposals.
.129 If a Bid Proposal is not substantially responsive to the salient requirements of the Request
for Proposals it shall be rejected by the Public Body and may not subsequently be made
responsive by the Consultant by correction of the material deviation, reservation, or omission.
.130 Decisions to the effect that a bid is not substantially responsive must be duly justified in
the evaluation minutes.
.131 If only one Bid Proposal meets all salient requirements of the Request for Proposals and is
not otherwise disqualified, the Public Body may still complete the full evaluation of that Bid
Proposal and sign contract with that Consultant if the Bid Proposal submitted by such
Consultant is satisfactory to the Public Body and the price offered by the Consultant is
comparable to or less than the market price of the required object of procurement.
1. Nonconformities and Omissions
.132 Provided that a Bid Proposal is substantially responsive, the Public Body may waive any non-
conformity or omissions in the Bid Proposal that does not constitute a material deviation.
.133 Provided that a Bid Proposal is substantially responsive, the Public Body may request that the
Consultant submit the necessary information or documentation, within a reasonable period of
time, to rectify nonmaterial nonconformities or omissions in the Bid Proposal related to
documentation requirements. Requesting information or documentation on such
nonconformities shall not be related to any aspect of the price of the Bid Proposal. Failure of the
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Consultant to comply with the request may result in the rejection of its Bid Proposal.
32. Dubious price quotations and errors in calculation
.134 The Public Body shall correct arithmetical errors on the following basis:
(a). If there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price shall
be corrected, unless in the opinion of the Public Body there is an obvious misplacement of
the decimal point in the unit price, in which case the total price as quoted shall govern and
the unit price shall be corrected;
(b). If there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected; and
(c). If there is a discrepancy between words and figures, the amount in words shall prevail,
unless the amount expressed in words is related to an arithmetic error, in which case the
amount in figures shall prevail subject to (a) and (b) above.
.135 The Public Body shall correct the detected errors in calculation and notify the Consultant
in writing of the corrections made without any delay, requesting the Consultant to confirm that
he accepts the correction of the calculation error within the period specified in BDS from the
date on which the notice was received. The corrections shall be clearly indicated in the
Financial Proposal.
.136 If the Consultant that submitted the lowest evaluated Financial Proposal does not accept the
correction of errors, its Bid Proposal shall be disqualified.
33. Margin of Preference
.137 Preference shall be granted to local consultancy companies.
.138 The margin of preference to be so granted to local consultancy companies and applied
when comparing prices during evaluation of Financial Proposals shall be 7.5 %.
.139 The following conditions must be satisfied for local companies engaged in Consultancy
Services to qualify for preference:
(a). The company has to be incorporated in Ethiopia;
(b). More than fifty per cent of the company’s capital stock has to be held by Ethiopian natural
or juridical persons;
(c). More than fifty per cent of members of the board of the company have to be Ethiopian
nationals;
(d). At least fifty per cent of the key staff of the company has to be Ethiopian Nationals.
.140 Preference shall be given to small and micro enterprises established under the relevant law by a
margin of 3% when such enterprises compete with local consultants in national competitive
bidding.
34. Preliminary Examination of Bid Proposals
.141 The Public Body shall examine the Bid Proposals to confirm that all documentary evidence
establishing the Consultant's qualification requested in ITC Clause 18 have been provided, and
to determine whether Bid Proposal comply with administrative requirements of the Request for
Proposals.
.142 From the time the Proposals are opened to the time the Contract is awarded, the Consultants
should not contact the Public Body on any matter related to its Technical and/or Financial
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Proposal. Any effort by Consultants to influence the Public Body in the examination,
evaluation, ranking of Proposals, and recommendation for award of Contract may result in the
rejection of the Consultants’ Proposal.

.143 The Public Body may determine Bid Proposal as not responsive when:
(a). Consultant has failed to submit Written statement by a power of attorney (or notary
statement, etc.) proving that the person, who signed the Bid Proposal on behalf of the
company/joint venture/consortium, is duly authorized to do so (ITC Sub-Clause 23.2);
(b). Original and all copies of the Bid Proposal are not typed or written in indelible ink and
signed by a person duly authorized to sign on behalf of the Consultant (ITC Sub-Clause
23.2);
(c). All pages of the Bid Proposal, except for non-amended printed descriptive literature, are
not signed or initialed by the person signing the Bid Proposal (ITC Sub-Clause 23.3);
(d). Bid Proposal is not written in language specified in the BDS Clause 11.1;
(e). Consultant has failed to submit signed and dated Technical Proposal Submission Sheet,
Form T 1;
(f). Consultant has failed to submit signed and dated Price Schedule Form;
(g). Consultant has failed to submit signed and dated Consultant Certification of Compliance,
Form T 2;
(h). Consultant has failed to submit signed and dated Technical Proposal, Form T 3;
(i). Consultant has failed to submit signed and dated Bid Security;
(j). The Bid Security is not in accordance with ITC Clause 22.

35. Legal, Professional, Technical, and Financial Admissibility of Bid Proposals

.144 After confirming the Bid Proposals comprise all mandatory documentary evidence establishing
the Consultant's qualification, the Public Body will rule on the legal, technical, professional, and
financial admissibility of each Bid Proposal, classifying it as compliant or non-compliant with
qualification requirements set forth in the Request for Proposals.

.145 Legal admissibility

The Public Body may determine Bid Proposal as not responsive when:
(a). Consultant does not have nationality in accordance with ITC Sub-Clause 4.2;
(b). Consultant is found to have a conflict of interest as described in ITC Clause 5;
(c). Consultant has failed to submit valid business license indicating the stream of business in
which the Consultant is engaged, in accordance with ITC Clause 4.5(b) (i);
(d). Consultant has failed to register itself in the Public Procurement and Property
Administration Agency's suppliers list (mandatory for domestic Consultants only), in
accordance with ITC Clause 4.6;
(e). Domestic Consultant has failed to submit VAT registration certificate issued by the tax
authority (in case of contract value specified in BDS Clause 4.5(b) (ii), in accordance with
ITC Clause 4. 5(b)(ii);
(f). Domestic Consultant has failed to submit a valid tax clearance certificate issued by the tax
authority, in accordance with ITC Clause 4.5(b) (iii);
(g). Foreign Consultant has failed to submit business organization registration certificate or
trade license issued by the country of establishment, in accordance with ITC Clause 4.6(c);
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(h). Consultant has been debarred by a decision of the Public Procurement and Property
Administration Agency from participating in public procurements for breach of its
obligation under previous contracts, in accordance with ITC Clause 4.3.
(i). In the case of a Bid Proposal submitted by a joint venture (JV), the Consultant has failed to
submit the Form Data on Joint Ventures, the Agreement governing the formation of joint
venture, or letter of intent to form JV, including a draft agreement, in accordance with ITC
Clause 4.1
.146 Professional admissibility
The Public Body may determine Bid Proposal as not responsive when:
(a). Consultant has failed to submit relevant professional practice certificates, if required in
BDS Clause 4.5(b) (iv);
(b). Consultant has failed to provide in the Consultant Certification of Compliance Form
information related to its professional qualification and capability for the period specified
in the BDS Clause 14.1;
(c). Consultant has failed to provide in the Consultant Certification of Compliance Form the
Team Skill Matrix identifying the skills that are relevant to the role in the contract team and
are required for successful execution of the contract; and
(d). Consultant has failed to provide CVs of the Professional staff signed by the staff
themselves or by the authorized representative of the Professional Staff.
.147 Technical admissibility
The Public Body may determine Bid Proposal as not responsive when:
(a). Consultant has failed to provide in the Technical Proposal Submission Sheet Form the
Statement attesting the origin of the Consultancy Services offered;
(b). Consultant has failed to provide in the Consultant Certification of Compliance Form
information about major relevant contracts successfully completed in the number and
period specified in the BDS;
(c). Consultant has failed to submit Certificates of satisfactory execution of contracts provided
by contracting parties to the contracts successfully completed in the period and budget as
specified in the BDS Clause 16.3;
(d). Consultant has failed to complete its Technical Proposal, Form T 3 in accordance with
Terms of Reference presented as per template in Section 6;
.148 Financial admissibility
The Public Body may reject any Bid Proposal when:
(a). Consultant has failed to submit financial statements certified by an independent auditor as
required in ITC Clause 15.2(a) for the period specified in Section 3, Evaluation
Methodology and Criteria;
(b). Consultant has failed to submit other documents proofing its financial standing, as required
in the BDS Clause 15.2(b);
(c). The average annual turnover for the period specified in Section 3, Evaluation Methodology
and Criteria does not exceed the amount of the financial proposal of the Bid Proposal in
value specified in the BD;
(d). Consultant has failed to calculate Financial Proposal Price as prescribed in ITC Clause 19;
and

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(e). Consultant has failed to quote prices in currency specified in the BDS in accordance with
ITC Clause 20.
36. Evaluation of Technical Proposals
.149 The Public Body shall evaluate each Technical Proposal that has been determined, up to this
stage of the evaluation, to be substantially responsive
.150 The Public Body shall evaluate the Technical Proposals on the basis of their responsiveness to
the Terms of Reference, applying the evaluation criteria, sub-criteria, and point system
specified in the Section 3. No other criteria or methodology shall be permitted. Each responsive
Proposal will be given a technical score. A Proposal shall be rejected at this stage if it does not
respond to important aspects of the Request for Proposals and particularly the Terms of
Reference or if it fails to achieve the minimum technical score indicated in the Section 3.
.151 The proposals proceeding to the financial evaluation shall be determined in accordance with the
methodology and criteria specified in Section 3.
.152 The result of the technical evaluation shall be communicated in writing to all Consultants who
participated in the bid at the same time.
.153 After the evaluation of Technical Proposals is completed, the letter of notification shall be
written to the unsuccessful Consultants on the technical evaluation stating the reason for not
being chosen as the successful Consultant and indicating that their bid security and the
envelopes containing the Financial Proposals will be returned unopened upon disclosure of the
result of the technical evaluation.
.154 The unsuccessful Consultants have the right of complaint against the result of the evaluation.
.155 If a complaint is lodged against the result of the technical evaluation the bid security and the
financial envelopes shall not be returned to the unsuccessful Consultants pending final decision
on such complaints.
.156 Evaluators of Technical Proposals shall have no access to the Financial Proposals until the
technical evaluation is concluded.

37. Opening of Financial Proposals

.157 The letter of notification shall be written to Consultants whose Technical Proposals have been
accepted by the Public Body stating the time and place of opening of the Financial Proposals.
The notification shall be sent to all such Consultants at the same time and adequate time should
be given to all Consultants wishing to attend the financial envelopes opening proceeding.
.158 If a complaint is lodged against the result of the technical evaluation, the Financial Proposals
shall not be opened pending decision on such complaint.
.159 The Financial Proposals shall be opened in the presence of the Consultants whose Technical
Proposals have been accepted and to whom letter of notification is written to attend the
proceeding in accordance with Sub-Clause 38.1 above.
.160 The envelopes containing the Financial Proposals of Consultants successful in the technical
evaluation shall be opened and the name of the Consultant, the technical score of the
Consultant, the total price offered and any discount given by such Consultant and the conditions
for such discount, and any other information related to price shall be read aloud to inform the
Consultants in accordance with Sub-Clause 38.3 above.
.161 The Public Body shall record the minutes of the Financial Proposal opening that shall include,

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as a minimum: the name of the Consultants, their Financial Proposal price, and any other salient
points raised in the Financial Proposal opening proceeding. The Consultants’ representatives
who are present shall be requested to sign the attendance sheet. The omission of a Consultant’s
signature on the attendance sheet shall not invalidate the contents and effect of the minutes. A
copy of the minutes shall be distributed to all Consultants.
38. Evaluation of Financial Proposals
.162 The Public Body shall evaluate each Financial Proposal that has been opened.
.163 For evaluation and comparison purposes, the Public Body shall convert all Financial Proposal's
prices expressed in the amounts in various currencies into a single currency indicated in BDS,
using the selling exchange rate established by the National Bank of Ethiopia and on the date of
the Bid opening.
.164 To evaluate each Financial Proposal, the Public Body shall consider the following:
(a).
The Financial Proposal total price;
(b).
Price adjustment for correction of arithmetic errors in accordance with ITC Sub-Clause 33;
(c).
Price adjustment due to discounts offered;
(d).
Converting the amount resulting from applying (a) to (c) above, if relevant, to a single
currency in accordance with ITC Sub-Clause 39.2;
(e). Adjustment for nonconformities and omissions in accordance with ITC Sub-Clause 32;
(f). Adjustments due to the application of a margin of preference, in accordance with ITC
Clause 34.
.165 In addition to the correction of computational errors, as indicated under ITC Sub-Clause
33, 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 Request for Proposals, the
Public Body 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
Financial Proposal cost;
(b). If the Lump-Sum form of contract has been included in the Request for Proposals, no
corrections are applied to the Financial Proposal in this respect. Prices shall be converted to
a single currency in accordance with ITC Sub-Clause 39.2.
.166 Unless otherwise indicated in the BDS, prices offered by foreign and local Consultants
shall, for the purpose of evaluation, include those taxes, duties, fees, and other charges imposed
under applicable low (and to be paid under the Contract, unless the Consultant is exempted).
Prices offered by foreign and local Consultants may also include translation, travel, stationery
and other incidental expenses.
.167 If this Request for Proposals allow Consultants to quote separate prices for different lots,
and the award to a single Consultant of multiple lots, the methodology of evaluation to
determine the lowest evaluated lot combinations, including any discounts offered in the
Financial Proposal Submission Sheet, is specified in the BDS and detailed in Section 3
Evaluation Methodology and Criteria.
39. Comparison of Financial Proposals
.168 The Public Body shall compare all substantially responsive Financial Proposals to determine the
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best evaluated proposal, in accordance with the methodology specified in Section 3, Evaluation
Criteria.
.169 In the Quality and Cost based selection The Public Body shall apply the following selection
procedure:
(a). The highest point shall be given to the lowest priced Financial Proposal, and conversely,
the lowest point shall be given to the highest priced Financial Proposal; among technically
qualified Proposals;
(b). The points given to other Consultants shall be determined depending on their price offers;
(c). From the total merit points to be given for Bid Proposals submitted by Consultants in a bid
for procurement of Consultancy Service, the share of the Technical shall be 80% and the
remaining 20% shall be the share of Financial Proposal;
(d). The Consultant scoring the highest point in the total sum of the technical and financial
evaluation shall be selected as the successful Consultant.
.170 In the Quality based selection the Consultant scoring the highest point in the evaluation of the
technical proposals shall be selected as the successful Consultant.
.171 In the Fixed Budget selection the Consultant offering the price within the budget limit allocated
to the procurement and scoring the highest point in the total sum of the technical & financial
evaluations shall be selected as the successful Consultant.
.172 In the selection based on Least Cost the Consultant offering the lowest evaluated price shall be
selected as the successful Consultant from among the Consultants who have technically
qualified by satisfying the minimum point.
40. Negotiations
.173 Prior to the expiration of Proposal validity, the Public Body shall notify the successful
Consultant in writing and invite it to negotiate the Contract at the location indicated in the BDS.
.174 The negotiation to be held with the selected Consultant shall focus on the content of the
consultancy work, the method applied to accomplish the work, the quality of the professional
staff to be engaged by the Consultant, the work schedules, which shall indicate activities, staff,
periods in the field and in the home office, staff months, the material to be used by the
Consultant in the performance of the service, the content of the report to be submitted by the
Consultant as well as the manner of submitting such report and such other issues arising from
the performance of the service.
.175 The essential requirements of the Request for Proposals and the quality of the work to be
delivered by the Consultant are not negotiable.
.176 No negotiation shall be allowed between the Public Body and the Consultant on the price
quoted by the Consultant.
.177 Having selected the Consultant on the basis of, among other things, an evaluation of
proposed key professional staff, the Public Body expects to negotiate a contract on the basis of
the staff named in the proposal. Prior to contract negotiations, the Public Body shall require
assurances that the staff members will be actually available. The Public Body shall not consider
substitutions during contract negotiations except in cases of unexpected delays in the starting
date or incapacity of key professional staff for reasons of health.
.178 The agreement to be reached with the Consultant pursuant to Sub-Clauses above, shall not
be detrimental to the interest of the Public Body, nor favor the selected Consultant to the
prejudice of the other Consultants.
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41. Post-qualification Evaluation

.179 After identifying the successful Consultant by evaluating the Bid Proposal documents
against the criteria set forth in this Request for Proposals the Public Body shall conduct post
qualification evaluation to establish the current qualification of the successful Consultant where
it feels that it has to be ascertained.
.180 Such post qualification evaluation of the successful Consultant may relate to the
documentary evidence specified in ITC Clause 36, unless satisfactory documents are already
included in the bid, concerning its current legal, professional, technical, and financial standing
and conformity to the requirements stated in this Request for Proposals.
.181 If the successful Consultant fails to provide this documentary proof within 15 calendar
days following the Public Body's request or if the successful Consultant is found to have
provided false information its Bid Proposal shall be disqualified,, in which event the Public
Body shall proceed to the next lowest evaluated Bid Proposal to make a similar determination
of that Consultant’s capabilities to perform satisfactorily.

42. Acceptance or Rejection of Bid Proposals

.182 The Public Body reserves the right to accept or reject any Bid Proposal, and to annul the
bidding process and reject all Bid Proposals at any time prior to contract award, without thereby
incurring any liability to Consultants.

43. Re-advertising Bid Proposals

.183 The Public Body may issue Invitation for Expression of Interest for a second time under the
following circumstances:
(a). Where the Invitation for Expression of Interest has been unsuccessful, namely where no
qualitatively or financially worthwhile Bid Proposals have been received.
(b). Where the best price offered by a Consultant is significantly higher than the market price
estimate of the object of procurement made by the Public Body prior to the issuance of the
Invitation for Expression of Interest.
(c). Where it is concluded that non compliance with the rules and procedures governing Bid
Proposals prescribed by the Proclamation and Procurement Directive led to the failure of
the Invitation for Expression of Interest to attract more than one Consultant, or where it is
believed that modifying the Request for Proposals could attract adequate number of
Consultants.
(d). Circumstances of Force Majeure render normal implementation of the Contract impossible.

Part 7 Award of Contract

44. Award Criteria
.184 The Public Body shall award the Contract to the Consultant whose Bid Proposal has been
determined to be the lowest evaluated Bid Proposal and is substantially responsive to the
Request for Proposals, provided further that the Consultant is determined to be qualified to
perform the Contract satisfactorily.
.185 If Bid Proposals are being invited for individual contracts (lots) Contracts will be awarded
lot by lot, but the Public Body may select the most favorable overall solution after taking
account of any discounts offered.
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.186 If the Consultant is awarded more than one lot, a single contract may be concluded
covering all those lots.
45. Right to Vary Quantities at Time of Award

.187 At the time the Contract is awarded, the Public Body reserves the right to increase or decrease
the scope of Consultancy Services originally specified in Section 6, Schedule of Requirement,
provided this does not exceed the percentages indicated in the BDS, and without any change in
the unit prices or other terms and conditions of the Bid Proposal and the Request for Proposals.
46. Announcing and Awarding of the Successful Consultant
.188 Prior to expiry of the period of Bid Proposal validity, the Public Body shall notify in writing the
result of a Bid Proposal evaluation to all Consultants alike at the same time.
.189 The letter of notification to be disclosed to the unsuccessful Consultants on the Bid Proposal
evaluation shall state the reason why they did not succeed in their Bid Proposal and the identity
of the successful Consultant
.190 A letter of award to be sent by the Public Body to a successful Consultant shall not constitute a
contract between him and the Public Body. A contract shall be deemed to have been concluded
between the Public Body and the successful Consultant only where a contract containing
detailed provisions governing the execution of the procurement in issue is signed.
.191 A letter of contract award to be sent to a successful Consultant, depending on the type of
contract, may contain the following information:
(a). That the Public Body has accepted his Bid Proposal;
(b). The total contract price;
(c). The amount of the performance security the successful Consultant is required to furnish
and the deadline for providing such security.
47. Signing of Contract
.192 Promptly after notification of the proposed contract award the Public Body shall send the
successful Consultant the Contract.
.193 Within fifteen (15) days of receipt of the notification of award, the successful Consultant
shall sign, date, and return it to the Public Body the Contract
.194 The Public Body shall not sign a contract before seven working days from the date
Consultants are notified of the result of their Bid Proposal or of any complaint against the bid
proceeding.

48. Performance Security

.195 Within fifteen (15) days from signing the contract the successful Consultant shall furnish
the performance security in accordance with the GCC, using for that purpose the Performance
Security Form included in Section 9, Contract Forms, or another form acceptable to the Public
Body.
.196 Failure of the successful Consultant to submit the above-mentioned Performance Security
or sign the Contract shall constitute sufficient grounds for annulment of the award and forfeiture
of the bid security.
.197 Small and micro enterprises shall be required to submit a letter of guarantee written by a

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competent body organizing and overseeing them in lieu of bid security, performance security or
advance payment guarantee.
.198 Where the successful Consultant cannot or is unwilling to sign a contract or furnish the
above-mentioned Performance Security, the Public Body may either declare the Consultant
submitting the second most preferred Bid Proposal the successful Consultant or invite such
Consultant to sign a contract or advertise the Bid Proposal afresh by assessing the benefit of the
two options.

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Section 1. Bid Data Sheet

Table of Contents

A. Introduction 1
B. Request for Proposals 2
C. Preparation of Bid Proposals 4
D. Submission and Opening of Bid Proposals 10
E. Evaluation, and Comparison of Bid Proposals 11
F. Award of Contract 13

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Section 2: Bid Data Sheet (BDS)

Instructions to
Consultants Data relevant to ITC
(ITC) Reference

Part 8 Introduction
ITC 1.1 The Public Body is: - Ethiopian Roads Authority
Registered Address: -
Attention: Habtamu Tegegne, Director General of
Ethiopian Roads Authority
Floor/Room Number: ERA Head Office New Building, 5th Floor
P.O. Box: 1770
Street Address: Ras Abebe Aregay Street, ERA Head Office
Town/City: Addis Ababa
Post Code:
Country: Ethiopia
Telephone: +251-115-15-66-03
Facsimile:
E-mail address

ITC 1.1 The Request for Proposals is issued under Procurement Method: Procurement
by means of “Request for Proposals”

ITC 1.2 and The Project Construction Works Hosaena – Jajura – Gimbichu – Jacho
24.5(b) Name is: Road Project

General description of Consultancy Services that are subject of the procurement

is Construction Supervision.

ITC 1.4 and The Procurement Reference Number is: S/24/NCB/RP/GOE/2014 EFY
24.5(b)

ITC 1.4 The number and identification of Lots in this Request for Proposals is: NOT
APPLICABLE

ITC 4.1(a) The individuals or firms in a joint venture or consortium shall be jointly and
severally liable.

ITC 4.5(b) For Domestic Consultants:

i. Trading /Business License renewed for 2013 E.C. from authorized
bodies,
ii. VAT registration Certificate,

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Instructions to
Consultants Data relevant to ITC
(ITC) Reference

iii. Tax Clearance certificate issued from the Tax Authority (Inland
Revenue Authority) which allows the bidder to participate in public
tenders at the date of the deadline for bid submission,
iv. Grade I Category Relevant Professional Practice Certificates renewed
for at least 2013 E.C. from authorized bodies except for Construction
Management Consultants which required to have Grade II Category
Relevant Professional Practice Certificates renewed for at least 2013
E.C. and
v. Evidence of/Being/ Registered as Supplier in the list of the Mandated
Public Body, i.e. Public Procurement and Property Administration
Agency.
Failure to submit any of the aforementioned documents may result in the
rejection of the Bidder’s Proposal.

ITC 4.5(C) For Foreign Consultants:

i. Business Organization Registration Certificate or Trade License issued
by the country of establishment in case of foreign consultants.
ii. Tax Clearance certificate issued from the Tax Authority (Inland
Revenue Authority) which allows the bidder to participate in public
tenders at the date of the deadline for bid submission if the foreign
bidder already had ongoing or completed project in the Country;
Ethiopia.
Note: Foreign Consultants have to make registration to pay taxes in
Ethiopia and produce evidence of registration from relevant authorities
in Ethiopia before commencement of the services if not already
registered.
Failure to submit any of the aforementioned documents under 4.5(c) (i) and
(ii) may result in the rejection of the Bidder’s Proposal.

ITC 4.7 A Consultant shall provide evidence of its continued eligibility listed under
4.5(b) or 4.5(c).

Part 9 Request for Proposals

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Instructions to
Consultants Data relevant to ITC
(ITC) Reference

ITC 7.1 and For Questions and/or Clarification Purposes only, the Public Body’s address
9.4 is:
Public Body: Ethiopian Roads Authority
Attention: Zekarias G/Giorgis, Director, Engineering
Procurement Directorate
Floor/Room number: Ethiopian Roads Authority, Head Office New
Building, 1st Floor
P.O. Box: 1770
Street Address: Ras Abebe Aregay Street, Ethiopian Roads
Authority Head Office
Town/City: Addis Ababa
Post Code:
Country: Ethiopia
Telephone: +251-115-15-10-87/15-82-99/15-04-19/15-03-52
Facsimile:
E-mail address eraengprocteam1@gmail.com
ITC 7.1 and The Deadline for Submission of Questions and/or Clarifications is:-
9.4
Date: October 18, 2021
Time: 04:30 P.M.
Subject to extension of deadline for bid/proposal submission dates (if any) made
in accordance with ITC Sub-Clauses 8.3 & 25.2, the deadline for submission of
questions and/or clarifications SHALL be not later than ten (10) days prior to
the amended deadline for bid closing date.
Bidders also have the option of submitting their Clarification Requests through
the email address of the Engineering Procurement Team (i.e. eraprodir
@gmail.com) provided that the clarification request letter be signed and issued
officially in the Letterhead of the bidder; and to be scanned and uploaded on the
email message.

ITC 7.2 This Sub-Clause is amended to read as follows:

“Only the written responses will be considered official and carry weight in this
procurement process and subsequent evaluation. ERA web site or
Communications via the Procurement Team Email Address shown above will
be additional channel to issue scanned copy of the official responses/
clarifications and associated addenda. Consultants are required to follow ERA
web site and their Email Accounts for notifications related to the subject
Project. Any answers received otherwise, outside the official channels, whether
received verbally or in writing, from employees or representatives of the Public
Body, or any other party, shall not be considered official responses to questions
regarding this Request for Proposals.”

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ITC 8.2 This Sub-Clause is amended to read as follows:

“Any alteration to the content of the Request for Proposals will be
communicated through official letter in the form of an amendment to all
Consultants who received the Request for Proposals. ERA website or
Communications via the Procurement Team Email Address shown above will
be additional channel to issue scanned copy of the official Letters with an
enclosure of the Amendments. Consultants are required to follow ERA web
site and their Email Accounts for notifications related to the subject project,
and it will be assumed that the information contained in the amendment is
taken into account by the Consultant in its Bid Proposal.”

ITC 9.1 A Pre-bid Meeting/Conference “Shall Not be Held”.

However, bidders may forward the scanned copy of their official queries in a
letter via the following email addresses within the deadline for the submission
of such request for clarification as indicated above.
Employer’s Address to Request for Any Clarification:
Zekarias G/Giorgis
Engineering Procurement Directorate, Director
ERA Head Office, New Building, 1st Floor
Tel: +251-115-15-04-19/ 53-03-39
Email: eraprodir@gmail.com/ engprocteam1@gmail.com
Addis Ababa, Ethiopia
ITC 9.2 Address and Time for Pre-bid/Proposal Conference is: N/A

Part 10 Preparation of Bid Proposals

ITC 11.1 Language of the Bid Proposal shall be: English.
An invitation to submit Bid Proposals has been sent to the following
Consultants:

I/No. Name of Consulting Firm Country

Pure Consulting Engineers PLC in JV with Sound
1.
Engineering Solutions PLC
ITC 12.4 2. IDCON Infrastructure Development Consultants Ethiopia
PLC
Towers Consult PLC in Sub-Consultancy with
3.
TAB Engineering Consult PLC
IMS Engineers, Inc. in Sub-Consultancy with
4. USA/Ethiopia
Professional Engineers Consulting PLC
5. ELDA Engineering Consultants in JV with Ethiopia

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DAMRA Consulting Engineers PLC
6. DABEK Engineering PLC

Invited consultants should download the RFP document from ERA web site:
www.era.gov.et if the document will not be issued in hard copy.
ITC 13.1 A Consultant shall obtain the Public Body’s permission to enter into a Joint
Venture with other Consultants not invited for this assignment. Consortium
or Association should be clearly defined as “Sub-Consultant” or “Joint Venture”
as appropriate.

ITC 13.2 A Consultant shall not associate with other Consultants invited for this
assignment.

ITC 13.3 The same Sub-Consultant may associate with not more than Two Consultants
invited for this Service.
Limit on Sub-Contracting is:
 40% (Forty Ppercent) of the Ccontract Price.
Note: The Manning Schedule and/or the Team Composition Matrix shall
clearly indicate which personnel (key and support staffs) are proposed by
the Main Consultant or the Sub-Consultant. In addition, CVs and the
Signed Declaration of Interest of the proposed key personnel shall also
clearly indicate the same information. In addition to the above, the financial
proposal shall also clearly indicate the inputs and/or costs of the Leading
firm (s) and the Sub-Consultant, including reimbursable and miscellaneous
costs.

ITC 14.1 The Consultant has to provide in the Consultant Certification of Compliance
Form information related to its professional qualification and capability for the
current and the previous three (3) years in order to proof its professional
capacity.

ITC 15.1 NOT APPLICABLE

ITC 15.2 NOT APPLICABLE

ITC 16.3 The Consultant has to submit Certificates of satisfactory execution of contracts
provided by contracting parties to the contracts successfully completed or
substantially completed (above 70%) only in the course of the past Ten (10)
years.

ITC 16.7 The Public Body may undertake physical checking of current Consultant's
technical qualifications and competence, and performance on ongoing and/or
completed projects contracted with the Employer.
If the Employer determines/ ascertains that a bidding firm or Joint Venture
association made with such firm(s) has poor performance record on ongoing

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and/or completed projects contracted with the Employer; and/or if such firm or
Joint Venture association made with such firm(s) has been suspended by the
Employer from participation in upcoming tenders for some period of time as a
result of implementation of design and/or supervision accountability disciplinary
measures, the Employer may use such information and Reject Proposal submitted
by such bidding firm(s) or Joint Venture association made with such firm(s).

ITC 17.1 The Estimated Minimum Number of Staff-Months is: 1026 Man-Months
Details of Which is Shown in the Table Below.
Input Total Construction Period Defects Liability Period
Key Staff 322 312 10
Junior Staff 252 252 -
Support Staff 452 452 -
Total 1026 1016 10
Evaluation of the Technical Proposal will be done on the basis of the
Consultant’s proposal, but the Consultant shall not propose lesser number of
personnel or staff months than stipulated in the ToR. In relation, Consulting
Firms shall note the following:
a) It is to be noted that the man months estimated for each professional is
only the minimum foreseen by the Client. The Consultant may come up
with higher ones for some or all the staffs or can also propose additional
staff.
b) Minimum man-month input for all personnel indicated in the table
shown above shall not be less than the minimum man-month stated in
the TOR. If the bidder proposes less man month than the minimum man-
month requested in the RFP document, ERA will correct the technical
and financial proposals of the bidder as per the minimum requirement of
the RFP.
c) The man-month input of all personnel indicated in the table shown above
shall be indicated in the manning schedule of the Consultant’s proposal.
d) If a bidder proposes additional experts in the technical proposal, the
detail task and responsibility of the proposed staff shall be indicated in
the manning schedule of the Consultant’s proposal; otherwise, it will not
be merited on the technical evaluation.
During Evaluation of Financial Proposals, notwithstanding the provisions of
Section 1, ITC Sub-Clause 39.4, the Employer will consider the following
provisions; however, in case of inconsistencies between ITC Sub-Clause 39.4
and the provision stated herein below, the provisions stated herein below shall
take precedence:
For evaluation and comparison of Financial Proposals: if a Financial Proposal
includes lesser man-month than the required minimum time-input of Section 6 of
the RFP, Statement of Requirements, the missing time-input (expressed in
person-month) is calculated as follows:
e) If the man-month input is less than the technical proposal, the man-

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month input will be corrected in line with the technical proposal or the
TOR as appropriate
f) If any staff position (except additionally proposed staffs by bidder) is
totally missed to be itemized in a financial proposal, “for comparison of
proposal prices and/or combined scores only”, the man-month indicated
in the technical proposal will be considered and multiplied by the
highest rate proposed by other bidders for the same position, provided
that the total amount/cost of such addition for the respective staff(s) is
not substantial. However, for contract signing and during
implementation of the project, the cost of this missed position will be
considered to be inbuilt in other items and hence no separate payment
will be effected. If the total amount/cost of such missing staff positions
calculated likewise is “substantial” as compared to the total original
offer of the bidder’s offer, it will be deemed to be a material deviation,
reservation, or omission in accordance with Section 1, ITC sub-clause
31.1 and will result in rejection of the Proposal.
g) If any additional proposal by bidder in the technical proposal is missed
totally in financial proposal, for contract signing and during
implementation of the project, the cost of this missed position will be
considered to be inbuilt in other items and hence no separate payment
will be effected. However, “for comparison of proposal prices and/or
combined scores only”, the man-month indicated in the technical
proposal will be considered and multiplied by the highest rate proposed
by the bidder himself for other position unless otherwise; the bidder has
clearly mentioned that the rates of the additionally proposed staffs is
already included in other rates of its bid.
“Substantial” for the purpose of evaluation and comparison of
financial proposal, as referred in the above paragraphs, shall
mean an adjustment that is more than 5% of the bidders’ original
proposed total offer and it will be estimated based on the bidder
rate or using the maximum rates of other bidders who are
participating in the bid, as appropriate.
ITC 17.2 For fixed-budget-based assignments, the available budget is the following:
NOT APPLICABLE

ITC 18.2 The format of the Technical Proposal to be submitted is :

Full Technical Proposal (FTP), or
Simplified Technical Proposal (STP)

18.2 (b) (ii) Comments and Suggestions on the Terms of Reference and on the Staff and
Facilities to be provided by the Public Body is not required for the subject
service tender; hence, bidders are not required to use Technical Form T2 (f) and
(g) enclosed in Section 4: Bidding Forms of the RFP document.

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ITC 18.2 (c) Amend ITC 18.2 (c)(i) as follows:

Bidders should confirm that they will comply with the minimum TOR
requirements included under Section 6 of the RFP. To this end, bidders are not
required to prepare methodology for rendering the service to the minimum scope
of works indicated in the RFP. However, if bidders are of the view that they
have a proposal beyond the minimum requirement of the TOR or other
innovative ideas, that will be implemented by the Consultant during the project
execution, they are encouraged to submit the methodology with their technical
proposals but the same should be presented by not more than five (5) pages.
Bidder who agree to comply with the minimum requirements of the TOR shall
confirm as per the declaration Form A (8) under section 4 of RFP and will be
merited the fixed mark allotted for compliance of minimum requirement of the
TOR. The remaining points allotted for methodology will be given for bidders
who have presented acceptable proposal which is deemed beyond the minimum
requirement of the TOR.

ITC 18.2 (f) The technical proposal shall include the following additional information: -
i. Power of attorney as per as ITC 18.2 (b) (iii),
ii. Documents of Eligibility as required under ITC Clause 4 and ITC Clause
18.2 (a),
iii. The additional information to be submitted with the CVs of local
personnel is educational testimonies, past experience confirmation letter
and confirmation of availability of the staff member.
If the bidder has not attached past experience confirmation letter with
the CV, the whole CV or the respective experience of the proposed
person with no past experience confirmation letter, depending on the
case, will be merited zero mark.
iv. The supplier should submit declaration of interest signed by the
proposed personnel as per form of Section 4 (Bidding Forms).
Declaration of interest with scanned signature and signed as ‘for” will
not be acceptable unless the one who sign on behalf of the proposed
staff has legal authorization to sign the declaration; in such cases, the
legal authorization should be attached with the proposal.
Failure to submit the information above will result in rejection of the
CV and merited zero mark.
v. The supplier should submit firm’s past experience confirmation letter.
Experience record not confirmed by client’s letter may not be
considered.
vi. The supplier’s proposed Key Professional should comply with the ERA
workload requirement indicated in Section 3 of this RFP Document.
Failure to meet the workload requirement would result in rejection of

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the CVs and merited zero mark.

vii. The supplier should ensure to address all the issues required in the RFP.
Not addressing any of these issues is at the bidder’s own risk. In order to
assist the Consultant in compiling its proposals, an indicative checklist
Form 9 is attached under Section 4. This is for direction only without
any responsibility on the part of the client for its exhaustiveness.
viii. The supplier may include details of support, if any, from head office,
by explicitly indicating services which require head office support with
their man month inputs together with the type of professional to be
assigned.
ix. If the information declared under the CV of the proposed key
personnel in relation to the completion of professional’s assignment or
progress of the project or the number of projects the profession involves
in design or supervisions is found to be incorrect, the act is considered to
be “Fraudulent Practice” as defined under Clause 3.1 of ITC and
subsequently the proposed CV will be merited zero. Furthermore, ERA
may take appropriate measure on the proposed person and on the firm.
Hence, bidders should take precautions while preparation of the CV and
should aware their proposed personnel of the seriousness of the matter
and advise them to duly and professionally prepare the CV correctly.
x. Consultants (or each member of Joint Venture) participating in the
bid and all of their proposed key personnel shall confirm/declare that
they have read and understood the ERA Code of Professional Conduct
and Ethics, and that they will strictly follow the articles of the Code in
the performance of the services for this project. The Code of
Professional Conduct and Ethics, and the corresponding declaration
forms are attached as ANNEX-B of Section VI: Terms of Reference.”
 Bidders are strongly advised not to propose professionals that have been
suspended from ERA’s on-going and upcoming projects. If bidders
propose a suspended professional, the CV will be rejected and will be
merited zero point out of the allocated points for that professional. Please
refer ERA’s website (www.era.gov.et/PerformanceRating/Design
Accountability/Staff.aspx) for the list of professionals.

ITC 19.1(b) (i) A per diem allowance in respect of Personnel of the Consultant
(v) for every day in which the Personnel shall be absent from the home office
and, as applicable, outside the Federal Democratic Republic of Ethiopia for
purposes of the Services;
(ii) Cost of necessary travel, including transportation of the
Personnel by the most appropriate means of transport and the most direct
practicable route;
(iii) Cost of office accommodation, investigations and surveys;
(iv) Cost of applicable international or local communications such as

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the use of telephone and facsimile required for the purpose of the Services;
(v) Cost, rental and freight of any instruments or equipment required
to be provided by the Consultants for the purposes of the Services;
(vi) Cost of printing and dispatching of the reports to be produced for
the Services;
(vii) Other allowances where applicable and provisional or fixed
sums (if any) not covered in the foregoing; and
(viii) Cost of such further items required for purposes of the Services
not covered in the foregoing.
ITC 19.3 The total Financial Proposal price shall be broken down into separate activities.
It shall also indicate Contingency as a separate amount in the Financial Form
F2 (b).

ITC 19.4 The financial proposal shall indicate VAT as a separate amount; and the Public
Body shall pay such taxes to the tax authority on behalf of the Consultant.
However, the Consultant shall include all other local taxes in its respective rates
of financial proposal and the same shall be paid to the tax authority by the
Consultant itself.

ITC 19.7 NOT APPLICABLE

ITC 20.1 All inputs to the Consultancy Services that the Consultant expects to provide
shall be quoted entirely in Ethiopian Birr (ETB).

ITC 21.1 The Bid Proposal validity period shall be: 90 Days.

ITC 22.1 A Bid Proposal security is required.

Bidders are required to sign and submit a Bid Securing Declaration with their
Technical Proposal as per the form enclosed under Section 4-Bidding Forms
of this RFP.
Failure to submit the appropriate Bid Securing Declaration will result in
rejection of the bid proposals.

ITC 22.2 Bid proposal security in the form of cash or other monetary values as indicated
in Section I, ITC Sub-Clause 22.1 shall not be acceptable.

ITC 22.3 The Bid Security of a Joint Venture shall be issued in the name of the Joint
Venture submitting the bid, in which case the Bid Securing Declaration shall
be signed by all JV partners provided the Joint Venture has legally been
constituted, or else it shall be issued in the name of all partners proposed for
the Joint Venture in the bid.

ITC 22.6 The Bidder will be penalized according to the Bid Security declaration if breach

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the obligations indicated in the bid security declaration.

Part 11 Submission and Opening of Bid Proposals

ITC 24.7 In addition to the original of the Bid Proposal, the number of copies required is:
Three (3) Copies of the Technical Proposal and,
Three (3) Copies of the Financial Proposal; and the Copies and One Original
Financial Proposal Shall be Sealed Separately (Two Seals) and all envelopes
containing the original and the copies shall be sealed in another outer envelope
clearly marked “Financial Proposal”.

ITC 25.1 For Bid Proposal Submission Purposes only, the Public Body’s address is:
Public Body: Ethiopian Roads Authority
Attention: Habtamu Tegegne, Director General of
Ethiopian Roads Authority
Floor/Room Number: ERA Head Office New Building, 2nd Floor,
Conference Room
P.O. Box: 1770
Street Address: Ras Abebe Aregay Street, Ethiopian Roads
Authority Head Office
Town/City: Addis Ababa
Post Code:
Country: Ethiopia
The deadline for Bid Proposal Submission is:
Date: November 04, 2021
Time: 2:30 PM

ITC 28.1 The Bid Proposal Opening shall take place at:
Public Body: Ethiopian Roads Authority
Floor/Room number: ERA Head Office New Building, 2nd Floor,
Conference Room
Street Address: Ras Abebe Aregay Street, Ethiopian Roads
Authority Head Office
Town/City: Addis Ababa
P.O. Box: 1770
Post Code:
Country: Ethiopia
Date: November 04, 2021
Time: 2:30 P.M.

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Part 12 Evaluation, and Comparison of Bid Proposals

ITC 33.2 Consultant has to confirm that he accepts the correction of the calculation error
within the period: 3 working days from the date on which the notice was
issued.

ITC 36.4(b) NOT APPLICABLE

ITC 36.4(c) NOT APPLICABLE

ITC 36.5(a) NOT APPLICABLE

ITC 36.5(b) NOT APPLICABLE

ITC 36.5(c) NOT APPLICABLE

ITC 37.4 Add the following under Sub-Clause 37.4:

“Written letter of notification of the technical result will also be issued
through ERA web site www.era.gov.et, in addition to the hardcopy. Hence,
bidding consultants shall closely follow-up publications made by ERA in
this regard.”

ITC 37.5 The Sub-Clause is amended to read as follows:

“After the evaluation of Technical Proposals is completed, the letter of
notification shall be written to the unsuccessful (Non-responsive) Consultants
on the technical evaluation stating the reason for their technical proposal not
being responsive and indicating that the envelopes containing the Financial
Proposals will be returned unopened after disclosure of the result of the
technical evaluation and opening of financial proposals of technically
responsive consultants.”

ITC 37.6 The Sub-Clause is amended to read as follows:

“The unsuccessful Consultants and/or any Consultant that has been aggrieved
of the Notified technical evaluation results have the right of complaint against
the result of the evaluation. If any, complaints shall be submitted to the head
of the public body within five (5) working days of receipt of the evaluation
result (date inclusive). Complaints submitted after the elapse of the five (5)
working days of receipt of the evaluation result (date inclusive) shall not be
acceptable by the public body.”

ITC 38.1 Add the following at the end of the Sub-Clause 38.1:
Written letter of notification of the technical result will also be issued
through ERA web site www.era.gov.et, in addition to the hardcopy.

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Alternatively, the Scanned Copy of ERA’s Official Letter of Notification

along with the corresponding attachment, if any, will issued to all
Consultants via the Procurement Team Email Address indicated in the Bid
Data Sheet. Hence, Consultants are required/ strictly advised to follow ERA
Website and their Email Accounts for Notifications related to the Subject
Project.

As indicated in ITC Sub-Clause 20.1 of the Data Sheet, financial proposal prices
ITC 39.2 shall be quoted entirely in Ethiopian Birr, and all payments will only be effected
in Ethiopian Birr during implementation of the contract.

The financial proposal will be evaluated in accordance with ITC 17.1 of Section
ITC 39.4
2: Bid Data Sheet.

The evaluation shall include all taxes, duties, fees, levies and other charges
ITC 39.5 imposed under the applicable law. However, it shall not include the Provisional
Sum amount specified by the Client.

ITC 39.6 Multiple awards to one Consultant is: - Discussed under Section 3.

ITC 41.1 The Negotiation shall take place at:

Floor/Room number: ERA Head Office New Building, 2nd Floor,
Team 1 Office/ Conference Room
P.O. Box: 1770
Street Address: Ras Abebe Aregay Street, Ethiopian Roads
Authority Head Office
Town/City: Addis Ababa
Post Code:
Country: Ethiopia
Telephone: +251-115-15-04-19
Facsimile:
E-mail address

Part 13 Award of Contract

ITB 45.1 The Public Body shall award the Contract to the Consultant whose Bid Proposal
has been determined to be substantially responsive to the Request for Proposals
and that has scored the highest Combined Technical and Financial Score within
the adopted Quality and Cost Based Selection; provided further that the
Consultant is determined to be qualified to perform the Contract satisfactorily.
Details on the Evaluation and Selection Procedures of the Quality and Cost
Based Selection method have been provided in section 3 of the RFP.
Projects Floated Concurrently in a Package are the following:

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Consultancy Services for the Construction Supervision of:

I. No. Name of Project

1. Construction Supervision of Kombolcha-Mekaneselam-Gindewoin,
Contract 1: Kombolcha-Mekaneselam Design and Build Road
Project
2. Construction Supervision of Kombolcha-Mekaneselam-Gindewoin,
Contract 2: Mekaneselam-Gindewoin Design and Build Road Project
3. Construction Supervision of Arbaminch_Konso-woito-Jinka, lot II:
Konso-Jinka Road Project
4. Construction Supervision of Alemgena-Butajira- Hossana - Sodo
Road Project Contract 1; Alemgena - Butajira (120Km) &
Adadi Mariam Spur(12.7Km) Road Project
5. Construction Supervision of Bojaber-Bole-Bole Junction, Kutere-
Billalo Junction and Arekit-Kutere Super Road Project
6. Construction Supervision of Hossana-Jajura – Gimbichu -Jacho Road
Project
7. Construction Supervision of Kelela-Akesta Road Project
8. Construction Supervision of Aletawendo-teferikela-Dilla Road
Project
9. Construction Supervision of Sodo-Tercha, Lot 2: Sodo-Areka
Junction and Sodo Town-Woll Road Project

Assessment of Multiple Contract Award will be carried out as discussed under

ITB 45.4 section 3 of the RFP.

ITC 46.1 The percentage by which quantities may be increased is: 20%.
The percentage by which quantities may be decreased is: 20%.

ITC 49 Delete Sub-Clauses 49.1 to 49.4 and replace by “Performance Security is Not
Required.”

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Section 1. Evaluation Methodology and

Criteria

Table of Contents

1. Professional, Technical, and Financial Qualification Criteria

2. Evaluation of the Technical Proposal 1
3. Evaluation and Comparison of Financial Proposals 20
4. Domestic Preference 22
5. Evaluation of Multiple Contracts 22

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Section 3: Evaluation Methodology and Criteria

This section, read in conjunction with Section 1, Instructions to Consultants and Section 2, Bid
Data Sheet, contains all the factors, methods and criteria that the Public Body shall use to
evaluate a bid and determine whether a Consultant has the required qualifications. No other
factors, methods or criteria shall be used.

1. Evaluation of the Technical Proposal

.199 The Technical Proposals shall be examined to confirm that all documentary evidence
establishing the Consultants' qualifications requested in ITC Clause 18 have been provided;
.200 After confirming the Technical Proposals comprise all mandatory documentary evidence
establishing the Consultant's qualification the Public Body will rule on the legal, technical,
professional, and financial admissibility of each bid, classifying it as compliant or non-
compliant with qualification requirements set forth in the Request for Proposals;
.201 The Public Body will then analyze the Technical Proposals' conformity in relation to the
Terms of Reference, classifying them technically compliant or non-compliant.
.202 The Public Body shall continue evaluation of Technical Proposals that have been
determined to be substantially responsive with rectification of nonconformities and
omissions in Proposals, if any.
.203 Provided all mandatory legal, professional, technical, and financial requirements have been
met Technical Proposals shall be evaluated and scored in accordance with ITC Clause 37
by taking into account the following technical evaluation criteria in order of their
importance and their proportional weight in the total system of evaluation, as specified
below:
(a). The technical evaluation criteria and their weighting points that indicate their level of
importance are determined, as follows:
Proportional
Priority Name of Criteria
Points in %
Qualifications and Competence of the Key Professional Staff
Engaged in the Consultancy Service:
2. Key Professional Staff Considered for Evaluation
1.1. Resident Engineer 12
1.2. Deputy Resident Engineer 10
1.3. Senior Pavement/ Materials Engineer 9
1.
1.4. Senior Highway Engineer 6
1.5. Senior Structural Engineer 6
1.6. Senior Surveyor 6
1.7. Senior Quantity Surveyor 6
1.8. Senior Claims Expert 5
Total Points for Criterion (1): 60 %

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3. Key Staffs Not Considered for Evaluation

2.1. Senior Geotechnical Engineer
2.2. Senior Hydrologist/ Hydraulic Engineer
2.3. Senior Road Safety and Safety Audit Specialist
2.4. Senior Environmentalist
2.5. ROW Management Specialist
2.6. Gender Specialist
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:
(a) General Qualifications 30%
(b) Adequacy for the Assignment 70%
Total weight: 100%

Bidders are strongly advised not to propose professionals that have been suspended from
ERA’s on-going and upcoming projects. If bidders propose a suspended professional, the CV
will be rejected and will be merited zero point out of the allocated points for that
professional. Please refer ERA’s website (www.era.gov.et/PerformanceRating/Design
Accountability/Staff.aspx) for the list of professionals.
Workload limitation of Professionals
 The Work-Load and/or the Maximum Number of Projects that a particular professional
can involve/work at a time on ERA Projects are limited as follows:
Number of Allowed Projects a Professional can
I. No. Key Staffs involve at a time as Key Professional on ERA
Projects
1. Resident Engineer 1
2. Deputy Resident Engineer 1
2 Supervision and 1 Design
Or
3. Team Leader 4 Supervision
Or
2 Design
1 Design & 1 Supervision
Pavement/Material
4. Or
Engineer
3 Design
4 Supervision
Or
5. Structural Engineer 4 Design
Or
a combination of Design and Supervision

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Number of Allowed Projects a Professional can

I. No. Key Staffs involve at a time as Key Professional on ERA
Projects
1 Supervision
6. Quantity Surveyor Or
5 Design
3 Supervision and 1 Design
Or
7. Highway Engineer 4 Supervision
Or
1 Supervision and 2 Design
1 Supervision
8. Senior Surveyor Or
3 Design
5 Supervision
Or
Contract Engineer /
9. 5 Design
Claims Expert
Or
a combination of Design and Supervision
5 Supervision
Or
10. Geotechnical Engineer 5 Design
Or
a combination of Design and Supervision
5 Supervision
Or
Hydrologist/Hydraulic
11. 5 Design
Engineer
Or
a combination of Design and Supervision
5 Supervision
Or
12. Environmentalist 5 Design
Or
a combination of Design and Supervision
5 Supervision
Road Safety and Safety
Or
Audit Specialist / Traffic
13. 5 Design
Engineer / Transport
Or
Economist
a combination of Design and Supervision
14. Sociologist 3 Design
15. CADD Engineer 3 Design
16. ROW Mgt. Specialist 1 Supervision
17. Geologist 5 Design
18. Gender Specialist 4 Supervision
1 Supervision
Junior Engineer and
19. Or
Engineer Positions
3 Designs

Therefore, a professional who has reached the above limit of engagement on ERA
projects cannot be proposed on this or other tender unless he/she satisfies the
conditions discussed below.

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1. A professional who has reached the above limit can participate on this or other new
tenders if at least one of his/her current commitments on ERA projects completed at
least 70%. Otherwise, the proposed staff should submit a letter from ERA with the
proposal that indicates the staff could leave the project before completion or before
at least 70 % completion of the project fulf illing the conditions mentioned under
clause 67 of the Conditions of contract or if he/she submit a letter from ERA with
the proposal that confirms its part/duty on the Projects is substantially completed (at
least 70% completed).
The Client will take into consideration of the following alternatively available
records provided and uploaded on the ERA Website while assessing the Workload
in the Technical Proposals Evaluation:
1. The progress of the professional’s input utilization or;
2. The progress of the Civil Works Contract; or
3. The Progress of the Consultancy Service Contract
2. The workload data to be considered for evaluation purpose is for the month of two
months prior to the proposal submission month. (e.g., for proposal submitted on
December, we will consider ERA’s workload data of October)
3. A project will be considered as a workload of the proposed professionals starting
from the date signing of the contract by the Consultant and ERA.
N.B. If a given professionals key staff is engaged on a Continuation of Construction
Supervision Services, out of the above-mentioned records used for assessing the
Workload, only the progress of the professional’s input utilization & progress of the
Continuation Consultancy Contract will be considered during Technical Proposals
Evaluation to check 70% completion; while the remaining Civil Works will not be
considered.
 In the standard CV format attached under Section 4: Bidding Forms, A. Technical
Proposal - Standard Forms, 5. Curriculum Vitae for Proposed Staff - Form T4; each
individual should be indicated.
i. The projects they have at hand
ii. The %age completion of each project
iii. The %age completion of specific assignment of the staff on the project
iv. The position on the current projects
 The proposed staff engagement on any of the key professional position will be
considered even if it is not similar with the current proposal.
 If the information declared under the CV of the proposed key personnel in relation to
the completion of professional’s assignment or progress of the project or the number of
projects the profession involves in design or supervisions is found to be incorrect, the
act is considered to be “Fraudulent Practice” as defined under Clause 3.1 of ITC and
subsequently the proposed CV will be merited zero. Furthermore, ERA may take
appropriate measure on the proposed person and on the firm. Hence, bidders should
take precautions while preparation of the CV and should aware their proposed

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personnel of the seriousness of the matter and advise them to duly and professionally
prepare the CV correctly.
 If the proposed professional of the successful firm get engaged on other project during
the tendering period and attain the maximum limit of ERA projects workload, he
should be replaced by other equivalent or highly qualified staff during negotiation of
the contract with sufficient justification.

Adequacy of the Proposed Methodology and Work Plan

30.0
in Responding to the Terms of Reference:
2.1. Site Visit, Knowledge and Appreciation of the
4.0
Project Area
2.2. Technical Approach and Methodology: 21.0
i) Bidder who Confirmed/Declared to Comply the Minimum
Requirement of the TOR (Fixed Mark):
Bidders should sign and submit the compliance letter with the
Form A (8) under section 4 of RFP with its technical proposal 18.0
for acceptance of the TOR. If a bidder miss submit the
compliance letter with its Technical proposal it will be merited
zero mark for this requirement.

ii) Merit for methodology beyond the minimum requirement or

for proposing innovative ideas:
Complying with the minimum requirement of the TOR will have
fixed score as discussed under Item 2.2 (i) above; whereas, this
specific criteria sets additional points for the extra provisions of
1. methodology beyond the minimum requirement of the TOR or
innovative ideas, that will be implemented by the Consultant
during the project execution; bidders are merited based on their
provisions.
Firms are expected to propose or incorporate realistic
additional ideas or additional services which should be 3.0
implemented by the Consultant at consultancy service period
without affecting scope of the works.
The Consultant should not submit methodology for more than
five pages for this provision; otherwise, will be merited zero
mark for the additional methodology before undertaking any
evaluation.
The following are the areas and the respective allotted points on
which the Consultant can present its the extra provisions of
methodology beyond the minimum requirement of the TOR or
innovative ideas:
a) Design Review, Approval of Engineering Design and
0.5
Review of Drawings
b) Surveying, Work Inspection and Quality Control 1.0
c) Contract Management 1.0

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d) Others 0.5
2.3. Work Plan and Staffing (Schedules) 5.0
a) Activity Schedule 2.5
b) Manning Schedule, Organization, Staffing & Team 2.5
Composition
Total Points for Criterion (3): 30 %
Specific Experience of the Consultants Relevant to the
10 Pts
Assignment
3.1. General Experience of the firm in Road Projects (Five
Projects) (Number of Detailed/Concept Design and/or
Construction Supervision Services, Technical Assistance
2.0
Services…) (5 Projects)

3.2. Experience in Similar Projects

3.2.1 Experience in Detailed Engineering Design and Tender
Document Preparation of Road Projects (4 Projects)
2.0

3.2.2 Experience in Construction Supervision of Road Projects

(4 Projects)
2.0

3.2.3 Experience in Construction Supervision of Road Projects

(4 Projects) with a Length of 25 Km and of DBST/ TST/ 4.0
AC Surfaced Type
2.
Note:
 Experience of the Consultant composing JV of firms, the
number of projects of each JV partner will be added
together and evaluated for the JV.
 The Number of Lanes/Width of Bidder’s Experience
Submission would be taken into consideration.
 Experience gained on Airfield/Runway Projects will be
considered.
 General experience includes design and supervision of road
construction and maintenance works with any length.
 Experience obtained in Sub Consultancy form of association
will be considered and merited 50% of the mark allotted for
a project.
 Only Substantially Completed Projects (70%) shall be
considered.
Total Points for Criterion (3): 10.0%
Σ Total Points for the Five Criteria (1+2+3) 100

.204 Rating and Scoring Scales for the Evaluation Criteria:

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The rating and scoring scales and the detailed breakdown of the evaluation criteria for Firm
Experience, Qualification and Competence of the Key Personnel, and Adequacy of the
Proposed Approach, Methodology and Work Plan in responding to the TOR are shown
below:
Individual weighted scores for all technical evaluation criteria shall be weighted according
to the set proportional weighting factors. The weighted result shall be calculated by
multiplying the score by the proportional weighting point of the individual criterion.

i. Rating and Scoring Scales for “Experience of the Consultants (as a firm)
Relevant to the Assignment in the Last Ten (10) years”:
Remark
No. Criteria Range Rating Weight
s
Experience of the Consultants (as a firm) Relevant to the
1. (10 Points)
Assignment in last ten (10) years
1.1 General Experience of the firm in
road projects ≥5 Excellent
(Number of concept design and/or ≥4 ~ <5 Very Good 2.0
construction supervision services that ≥2 ~ <4 Good Points
has been completed or at least 70% <2 Poor
completed) (5 Projects)
1.2. Experience in Similar Projects (which are at least 70% completed)
Experience in Detailed Engineering ≥4 Excellent
2.0
Design and Tender Document ≥3~ <4 Very Good
1.2.1 Points
Preparation of Road Projects (4 ≥2~ <3 Good
Projects) <2 Poor
≥4 Excellent
Experience in Construction
≥3~<4 Very Good 2.0
1.2.2 Supervision of Road Projects (4
≥2~<3 Good Points
Projects)
<2 Poor
Experience in Construction ≥4 Excellent
Supervision of Road Projects (4 ≥3~<4 Very Good 4.0
1.2.3
Projects) with a Length of 25 Kms and ≥2~<3 Good Point
of DBST/ TST/ AC Surfaced Type <2 Poor
Note:
 General experience includes design and supervision of road construction and
maintenance works with any length.
 Experience of the Consultant composing JV, the number of projects of each partner will
be added together and evaluated for the JV.
 Only Substantially Completed Projects (70%) shall be considered.
 Experience obtained in Sub Consultancy form of association will be considered and
merited 50% of the mark allotted for a project.
Note:
a. Percentage (%) Weights of the Rating Scales for firm experience:

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Excellent 100% Very Good 90%

Good 70% Poor 40%
b. Score: Weight x Percentage (%) Rating / 100

ii. Rating and Scoring Scales for “Adequacy and quality of the proposed
methodology, and Work plan in responding to the Terms of Reference”:
Adequacy and Quality of the Proposed Methodology, and (30 Points)
2.
Work Plan in Responding to the Terms of Reference.
Excellent
Very Good
Good
2.1 Site Visit, Knowledge and Appreciation of Average 4 Points
Project Area Poor
Very Poor
Unsatisfactory
2.2 Technical Approach and Methodology
Bidder who agreed to Comply the Minimum
i Requirement of the TOR (fixed mark) (with 18 Points
Compliance Letter)
Excellent
Very Good
ii Merit for methodology Beyond the Minimum Good 3 Points
Requirement Average
Unacceptable
Excellent
Very Good
Good
2.3 Work Plan and Staffing (Schedules) 5 Points
Average
Poor
Very Poor
Note:
a) Percentage (%) Weights of the Rating Scales for Adequacy and Quality of the
Proposed Methodology:

SCORING DESCRIPTION

Provide additional services beyond the minimum requirement of the

100% Excellent
TOR which could significantly influence the output
Provide additional services beyond the minimum requirement of the
90% Very Good
TOR which could substantially influence the output
Provide additional services beyond the minimum requirement of the
80% Good
TOR in beneficial ways/very desirable
Provide additional services beyond the minimum requirement of the
60% Average
TOR which is desirable but not brought substantial change

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SCORING DESCRIPTION

Has not proposed methodology which is additional services beyond

the minimum requirement of the TOR. Or proposed an unacceptable
0% Unacceptable idea which could be considered as additional services or a better
way of managing the service than the minimum requirement of the
TOR.

b) Percentage (%) Weights of the Rating Scales for Schedules and Site Visit:

SCORING DESCRIPTION

Exceeds the requirements of the criteria significantly and in

100% Excellent
beneficial ways/very desirable
Exceeds the requirements of the criteria in ways which are
90% Very Good
beneficial to our needs
70% - 80% Good Fully meets the requirement of the criteria
Adequately meets most of the requirements of the criteria. May be
50% - 60% Average
lacking in some areas that are not critical.
Addresses all the requirements of the criterion to the minimum
30% - 40% Poor
acceptable level.
Minimally addresses some, but not all, of the requirements of the
10% - 20% Very Poor
criteria or lacking in critical areas.
0% Unsatisfactory Nothing is Discussed

c) Score: Weight x Percentage (%) Rating / 100

iii. Rating and Scoring Scales for “Key Experts’ Qualifications and
Competence for the Assignment”:

Qualification and Competence for the Assignment (60 % Technical

Evaluation)
Weight

30% of Total
Points Allotted for
I. General Qualifications (General Education, Training, and Experience)
the Respective
Positions
Criteria Range Rating Weight Remarks
70% of General
(1) Education Qualifications
Resident Engineer, Deputy
Resident Engineer and Claims M. Sc. and above Excellent
Expert:
a. B. Sc. Degree Good
Degree in Civil Engineering or Below the B. Sc. Disqualified
Construction Technology and
Management or Related Fields

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Pavement / Material Engineer and

Senior Geotechnical Engineer: M.Sc. and above Excellent
b. B. Sc. Degree Good
Degree in Civil Engineering,
Geology, Geotechnical Below the B. Sc. Disqualified
Engineering or Related Fields
Highway Engineer, Structural
Engineer and Road Safety and M. Sc. and above Excellent
c. Safety Audit Specialist: B. Sc. Degree Good
Degree in Civil Engineering or Below the B. Sc. Disqualified
Related Fields to the Positions
Environmentalist: M. Sc. and above Excellent
d. Degree in Civil Engineering, B. Sc. Degree Good
Environmental Science or Below the B. Sc. Disqualified
Related Fields
Education for Hydraulic M. Sc. and above Excellent
Engineer/Hydrologist:
e. B. Sc. Degree Good
Degree in Civil Engineering, Below the B. Sc. Disqualified
Hydraulics or Related Fields
Quantity Surveyor: M.Sc. and Above Excellent
B. Sc. Very Good
f. Diploma in Civil Engineering, Diploma Good
Construction Technology and
Management or Related Fields Below Diploma Disqualified

Senior Surveyor: B. Sc. and above Excellent

g. Diploma Good
Diploma in Civil Engineering,
Surveying or Related Fields Below Diploma Disqualified

Right of Way Management M. A. /M. Sc.

Specialist: and above
Excellent
B. Sc. / B. A.
h. Degree in Sociology, Land Good
Degree
Administration or Related Below the B. Sc.
Disqualified
Fields / B. A.
M. A. /M. Sc.
Gender Specialist: and above
Excellent
Degree in Gender Studies, B. Sc. / B. A.
i. Good
Sociology, Social Work, Law or Degree
Below the B. Sc.
Disqualified
Related Fields
/ B. A.
30% of General
(2) Overall Experience Range Rating Remarks
Qualifications

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Resident Engineer: ≥ 10 Excellent

Number of Years of Experience ≥ 8 ~ < 10 Very Good
a.
in Road/Railway Construction ≥5~<8 Good
and/or Design Projects <5 Poor

Deputy Resident Engineer,

Highway Engineer, Claims Expert
and Road Safety and Safety Audit ≥8 Excellent
Specialist ≥6~<8 Very Good
b.
≥4~<6 Good
Number of Years of Experience <4 Poor
in Road/Railway Construction
and/or Design Projects

Pavement/Material Engineer,
Senior Structural Engineer,
Senior Geotechnical Engineer and ≥8 Excellent
Hydraulic Engineer: ≥6~<8 Very Good
c.
Number of Years of Experience ≥4~<6 Good
in Road/Railway/Dam/Bridge <4 Poor
Construction and/or Design
Projects

Environmentalist: ≥6 Excellent
Number of Years of ≥5~<6 Very Good
d.
Professional Experience in ≥3~<5 Good
Environmental Works <3 Poor

e Senior Surveyor:

For B.Sc.: ≥6 Excellent

Number of Years of Relevant ≥5~<6 Very Good
Experience in Road/Railway ≥3~<5 Good
Projects <3 Poor

For Diploma: ≥8 Excellent

Number of Years of Relevant ≥6~<8 Very Good
Experience in Road/Railway ≥4~<6 Good
Projects <4 Poor

f. Quantity Surveyor:

For B.Sc.: ≥6 Excellent

≥5~<6 Very Good
Number of Years of Relevant ≥3~<5 Good
Experience in Road Projects <3 Poor

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For Diploma: ≥8 Excellent

≥6~<8 Very Good
Number of Years of Relevant ≥4~<6 Good
Experience in Road Projects <4 Poor

Right of Way Management

Specialist for B. A in Sociology or ≥5 Excellent
Related Fields: ≥4~<5 Very Good
Number Years of Experience in ≥2~<4 Good
Sociological Works or Related <2 Poor
Activities
g.
Right of Way Management
Specialist for B. A/B. Sc. in Land
Administration: ≥3 Excellent
≥2~<3 Very Good
Number Years of Experience in ≥1~<2 Good
Sociological Works or Related <1 Poor
Activities for B. Sc. / B. A. in
Land Administration

For Gender Specialist: ≥6 Excellent

≥5~<6 Very Good
h. Number of Years of Relevant ≥3~<5 Good
Experience in Social Works <3 Poor
70% of Total
Points Allotted for
II. Adequacy for the Assignment
the Respective
Positions
a) Resident Engineer
Years of Experience as Project ≥4 Excellent 70% of the
Manager or Resident Engineer in Very Good Adequacy for
≥3~<4
Managing Road Construction Projects Good the Assignment
≥2~<3 Poor
<2
OR
OR
Years of Experience as Deputy
≥6 Excellent
Resident Engineer or Construction
≥5~<6 Very Good
Engineer in Managing or
≥3~<5 Good
Administering of Road Construction
<3 Poor
Projects
OR
OR
Years of experience as Pavement /
≥8
Material Engineer or Project
≥6~<8 Excellent
Engineer or Project Coordinator in
≥4~<6 Very Good
Managing or Administering Road
<4 Good
Projects
Poor
Years of Experience as Project ≥3 Excellent 30% of the

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Manager or Resident Engineer in ≥2~<3 Very Good Adequacy for

Construction of Double / Triple Good the Assignment
≥1~<2
Bituminous Surface Treatment or Poor
<1
Asphalt Concrete Road Projects
OR
OR
Years of Experience as Deputy
Resident Engineer or Construction
Engineer in Managing or ≥4 Excellent
Administering of Road Construction of ≥3~<4 Very Good
Double / Triple Bituminous Surface ≥2~<3 Good
Treatment or Asphalt Concrete Road <2 Poor
Projects
OR OR
Years of Experience as Pavement /
Material Engineer or Project Engineer
or Project Coordinator in Managing or ≥5 Excellent
Administering of Double / Triple ≥4~<5 Very Good
Bituminous Surface Treatment or ≥2~<4 Good
Asphalt Concrete Road Projects <2 Poor

b) Deputy Resident Engineer

Years of Experience as Project ≥3 Excellent 70% of the
Manager or Resident Engineer in Very Good Adequacy for
≥2~<3
Road Construction Projects Good the Assignment
≥1~<2 Poor
<1
OR
Years of Experience as Deputy OR
Resident Engineer or Construction ≥4
Engineer in Managing or Excellent
≥3~<4
Administering of Road Construction Very Good
≥2~<3 Good
Projects <2 Poor
OR OR
Years of Experience as Pavement /
≥5 Excellent
Material Engineer or Project
≥4~<5 Very Good
Engineer or Project Coordinator in
≥2~<4 Good
Managing or Administering Road
<2 Poor
Projects
OR
Years of Experience as a Quantity OR
Surveyor/ Highway Engineer/ Office Excellent
≥6
Engineer or Works Inspector in Very Good
≥5~<6 Good
Managing or Administering of Road
Construction Projects ≥3~<5 Poor
<3
Years of Experience as Project ≥2 Excellent 30% of the
Manager or Resident Engineer in Very Good Adequacy for
≥ 1.5 ~ < 2
Construction of Double / Triple Good the Assignment

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Bituminous Surface Treatment or ≥ 0.5 ~ < 1.5 Poor

Asphalt Concrete Road Projects < 0.5

OR OR
Years of Experience as Deputy
Resident Engineer or Construction
≥3 Excellent
Engineer in Managing or
≥2~<3 Very Good
Administering of Road construction,
≥1~<2 Good
Upgrading or Rehabilitation of
<1 Poor
Double / Triple Bituminous Surface
Treatment or Asphalt Concrete Road
Projects
OR
Years of Experience as Pavement / OR
Material Engineer or Project Engineer
Excellent
or Project Coordinator in Managing or ≥4 Very Good
Administering of Double / Triple ≥3~<4 Good
Bituminous Surface Treatment or
≥2~<3 Poor
Asphalt Concrete Road Projects
OR <2
Years of Experience as a Quantity
Surveyor/ Highway Engineer/ Office OR
Engineer or Works Inspector in
Excellent
Managing or Administering of
≥5 Very Good
Double / Triple Bituminous Surface
≥4~<5 Good
Treatment or Asphalt Concrete Road
≥2~<4 Poor
Projects
<2
c) Senior Pavement/ Materials
Engineer
Years of Experience on Road ≥6 Excellent 60% of the
Design/Construction Projects as a ≥5~<6 Very Good Adequacy for
Pavement Materials Engineer ≥3~<5 Good the Assignment
<3 Poor
OR
OR
Years of Experience on Road Design/ ≥8 Excellent
Construction Projects as a Junior ≥7~<8 Very Good
Material Engineer/ Material ≥5~<7 Good
Inspector / Laboratory Technician <5 Poor
Years of Experience as a ≥3 Excellent 40% of the
Pavement/Materials Engineer Related Very Good Adequacy for
≥2~<3
to the Scope of the Assignment Good the Assignment
(Asphalt Concrete) ≥1~<2 Poor
<1
OR OR
Years of Experience as a Junior
Pavement/Materials Engineer/ ≥5 Excellent
Material Inspector/ Laboratory Very Good

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Technician Related to the Scope of ≥4~<5 Good

the Assignment (Asphalt Concrete) Poor
≥2~<4
<2
d) Senior Highway Engineer
Years of Experience as a Highway ≥6 Excellent
Engineer in Road Design / ≥5~<6 Very Good
Construction Projects ≥3~<5 Good
<3 Poor
100% of the
OR OR Mark
Allocated for
Adequacy of
Years of Experience as a Junior ≥8 Excellent the Assignment
Highway Engineer or CADD ≥7~<8 Very Good
Engineer or Office Engineer in Road ≥5~<7 Good
Design / Construction Projects <5 Poor
e) Senior Structural Engineer
Years of Experience as a Structural ≥6 Excellent
Engineer in Road/ Bridge/ Railway/ ≥5~<6 Very Good
Dam Design / Construction Projects ≥3~<5 Good
<3 Poor

OR OR 100% of the
Years of Experience as a Junior Mark
Structural Engineer or Structural Allocated for
Inspector/ Office Engineer in Road/ ≥8 Excellent Adequacy of
Bridge/ Railway/ Dam Design / ≥7~<8 Very Good the Assignment
Construction Projects (Provided that ≥5~<7 Good
the SI & OE Demonstrates in Full <5 Poor
Design of 2 Bridges)

f) Senior Geotechnical Engineer

Years of Experience as Geotechnical ≥6 Excellent
Engineer in Road/Bridge/ ≥5~<6 Very Good
Railway/Bridge/ Dam Design or ≥3~<5 Good
Construction Projects <3 Poor Only for
100% of the
Requirement
Mark Purpose; Key
OR OR Allocated for Staff not
Years of Experience as a Junior Adequacy of Subject to
Geotechnical Engineer in ≥8 Excellent the Assignment Evaluation
Road/Railway/Bridge/Dam Design or ≥7~<8 Very Good
Construction Projects ≥5~<7 Good
<5 Poor
g) Senior Hydrologist/ Hydraulic
Engineer
Years of experience as Hydraulic ≥6 Excellent 100% of the Only for
Engineer/ Hydrologist in ≥5~<6 Very Good Requirement
Mark
Road/Bridge/Dam/ Railway ≥3~<5 Good Purpose; Key
Allocated for Staff not

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Construction or Design Projects <3 Poor

OR OR
Adequacy of Subject to
Years of Experience as a Junior ≥8 Excellent the Assignment Evaluation
Hydraulic Engineer/ Hydrologist in ≥7~<8 Very Good
Road/ Bridge/Dam/ Railway ≥5~<7 Good
Construction or Design Projects <5 Poor
g) Senior Quantity Surveyor
For B.Sc.: ≥4 Excellent
Years of Experience as a Quantity ≥3~<4 Very Good
Surveyor or CAD Engineer or Office ≥2~<3 Good
Engineer on Road Projects (the OE <2 Poor
and CAD Engineer Shall Demonstrate 100% of the
in the Testimonial its Involvement in Mark
Quantification of Road Projects) Allocated for
OR OR Adequacy of
Years of Experience as a Drafts the Assignment
Person/ Junior Quantity Surveyor in ≥6 Excellent
Road Projects ≥5~<6 Very Good
≥3~<5 Good
Poor
<3
For Diploma: ≥6 Excellent 100% of the
≥5~<6 Very Good Mark
Years of Experience as a Quantity Allocated for
≥3~<5 Good
Surveyor on Road Projects Adequacy of
<3 Poor
the Assignment
h) Senior Surveyor

For B.Sc.: ≥4 Excellent

≥3~<4 Very Good
Years of Experience as a Senior ≥2~<3 Good
Surveyor in Road/ Railway Projects <2 Poor 100% of the
Mark
OR OR Allocated for
Adequacy of
Years of Experience as a Junior ≥6 Excellent the Assignment
Surveyor in Road/ Railway Projects ≥5~<6 Very Good
≥3~<5 Good
<3 Poor
For Diploma: ≥6 Excellent 100% of the
≥5~<6 Very Good Mark
Years of Experience as a Senior Allocated for
≥3~<5 Good
Surveyor in Road/ Railway Projects Adequacy of
<3 Poor
the Assignment
i) Road Safety and Safety Audit
Engineer/ Specialist
Years of Experience as Road Safety ≥6 Excellent 100% of the Only for
Audit Specialist on Road Design Very Good Requirement
≥5~<6 Mark

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and/or Construction Projects ≥3~<5 Good

<3 Poor

OR OR Allocated for Purpose; Key

Years of Experience as a Highway Adequacy of Staff not Subject
Engineer on Road Design and/or
≥8 Excellent the Assignment to Evaluation
Construction Projects. ≥6~<8 Very Good
≥4~<6 Good
<4 Poor
j) Senior Claims Expert
Years of Experience as a Claims ≥6 Excellent 60% of the
Expert on Road Construction or Very Good Adequacy for
≥5~<6
Rehabilitation Projects Representing Good the Assignment
Any of the Parties ≥3~<5 Poor
<3

OR ≥8
Excellent
Years of Experience as a Junior ≥7~<8 Very Good
Claims Expert on Road Construction ≥5~<7 Good
or Rehabilitation Projects <5 Poor
Representing Any of the Parties
OR

Years of Experience as a Project ≥8 Excellent

Engineer/Office Engineer (Client’s or ≥7~<8 Very Good
Contractor’s Side) in Contract ≥5~<7 Good
Administration <5 Poor

AND
Experience in Direct involvement in ≥ 5 Projects Excellent 40% of the
Handling of Claims and/or Disputes 4 Projects Very Good Adequacy for
on Road Construction or 2 ~ 3 Projects Good the
Rehabilitation Projects Representing ≤ 1 Project Poor Assignment
Any of the Parties

k) Senior Environmentalist
Years of Experience as an ≥4 Excellent 100% of the Only for
Environmentalist in Planning and/or Very Good Requirement
≥3~<4 Mark
Monitoring and Evaluation of Social Purpose; Key
Good Allocated for Staff not Subject
Impact Assessment and/or Analysis of ≥2~<3
Poor Adequacy of to Evaluation
Environmental and Social Impact <2
the Assignment
Assessments.
OR OR
Years of Experience as a Junior
Environmentalist in Planning and/or ≥6 Excellent
Monitoring and Evaluation of Social ≥5~<6 Very Good

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Impact Assessment and/or Analysis of ≥3~<5 Good

Environmental and Social Impact <3 Poor
Assessments.
l) Right of Way Management
Specialist
For B. A. in Sociology and Related
Fields
Years of Experience in Extensive
Involvement in Right of Way Related
≥4 Excellent
Tasks or Social Impact Assessments,
≥3~<4 Very Good
Monitoring and Evaluation or
≥2~<3 Good
Preparation of Social Impact
<2 Poor
Mitigation Plans or Experience in 100% of the Only for
Livelihood Restoration Activities. Mark Requirement
OR Allocated for Purpose; Key
OR Staff not Subject
For B. Sc. / B. A. in Land Adequacy of
Administration the Assignment to Evaluation
≥2 Excellent
Years of Experience in Extensive Very Good
≥ 1.5 ~ < 2
Involvement in right of Way related Good
≥ 0.5 ~ < 1.5
tasks or Social Impact Assessments, Poor
< 0.5
Monitoring and Evaluation or
Preparation of Social Impact
Mitigation Plans or Experience in
Livelihood Restoration Activities.
AND
Commendable Experience in use of
Basic Computer Applications
Pass/Fail
including but not limited to, Microsoft
Excel, Access and Word.
m) Gender Specialist
Years of Experience in Gender ≥4 Excellent
Programming/ Gender Needs ≥3~<4 Very Good
Assessment/ Gender Analysis, ≥2~<3 Good 100% of the Only for
Development of Sensitization/ Mark Requirement
<2 Poor Allocated for Purpose; Key
Training Materials/ Programs and Staff not Subject
Development and Execution of Adequacy of
the Assignment to Evaluation
Gender Sensitization Interventions/
Social Work Activities

Notes to the Qualification Requirements of All Inputs of the Consultancy Services:

a. Percentage (%) Weights of the Rating Scales for Key Experts’

qualifications and competence for the Assignment:
Excellent 100% Very Good 90%
Good 70% Poor 40%
b. Experiences of Road Construction shall also include New Road
Construction, Rehabilitation, Upgrading, Overlay and Maintenance Projects.

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c. Experience on URRAP projects will be considered by 60% for the

adequacy requirement of the related position.
d. Project Experience record with a period less than Two (2) Months
for a Design and Six (6) Months for a Construction Project will not be considered
for evaluation for the Adequacy for the Assignment Requirement.
e. As indicated in the Section 3 of the RFP Document, experience of key
staff positions of local experts in conducting research in road design and/or
construction projects will be merited 1 point. The point will only be merited for those
who do not score the full points of their respective marks and shall not exceed the
allotted point of the respective positions. The research shall be published and/or
demonstrated with documentary evidences and this does not include students’ paper
as part of the study program.
f. Educational Testimonies for Certificate, Diploma, B. Sc., M. Sc. or
PhD will be merited in accordance with the specific award indicted / mentioned in the
Diplomas.
g. In the spirit of encouraging successive key staff development and
capacity building, the Client have arranged the following alternatives for key position
recruitment:
i. In all Adequacy for the Assignment (Specific Experience) requirements of Key
Staffs, previous all experiences obtained as an Assistant/Junior Engineer
related to the respective key staff position will be partially considered as
indicated in the tables above, for the assignment in the respective proposed
position.
o In addition, previous experiences obtained as support
/ key staffs related to only the respective key staff positions indicated above,
for example, Quantity Surveyor, Highway Engineer, Works Inspector and
Office Engineer, as appropriate, will be partially considered for Deputy
Resident Engineer. Likewise, experiences obtained as a support/ key staffs
related to the required Key Staff Position would be partially/fully, as
appropriate, would have been obtained working as key personnel in the
respective position, for adequacy for the assignment in the respective
proposed position, provided that the proposed personal attained the minimum
educational qualification for the position.
o In additional, the Client has devised a mechanism in
which the experience of professionals who have been working on Client’s or
Contractor’s side to be considered for the required Consultancy Service
Position shown in the table above.
o Furthermore, Key Staff Positions or
Support/Assistant Positions are to be considered for Key Staff Positions
related to Design/Quantifying/Claim Administration, provided that firms can
demonstrate that the proposed staff has adequate experience in tasks related
to the proposed position, details of which is indicated above on the Adequacy
requirement for the position.
o Junior Staffs who have participated in a single
project can be employed as a Junior Staff or Support Staff till he/she meets the
minimum requirement for Key Staff Position.

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o Finally, for Key staff positions requiring B.Sc. / B.A.

as a minimum educational qualification, the Client would consider previous
experiences relevant for the Adequacy of the Assignment as follows: -

 Experience gained after attaining Diploma

would be considered as 60% and
 Experience gained after attaining
Certificate would be considered as 40%.
h. Only Key Personnel having the minimum educational qualification set
shall be considered for evaluation; key personnel with educational qualification below
the minimum required will be rejected and merited zero (0) points. If the firm is found
successful upon the overall evaluation, the rejected professional position shall be
replaced by fulfilling personnel with minimum total score of 60%, prior to concluding
the contract signing.
i. Personnel who scored below 60%, of the allotted points for their
respective criteria, will be replaced by a better-qualified one, prior to concluding the
Contract signing. However, during replacement, personnel who scores less than 100%
but greater than 90% of what the originally proposed personnel for the proposed
position has achieved shall be subjected to deduction of 10% of the respective fees
(Fee and Reimbursable) quoted by the firm; and those who score below 90% of the
originally proposed personnel shall not be accepted for replacement.
j. The induction of any staff including the intermittent ones shall be
subject to the Client prior approval.
k. CVs of the support staff, junior staffs and the remaining keys staff
not subject to evaluation during tendering shall be submitted when and as required
during the implementation period of the project.
l. Bidders are strongly advised not to propose professionals that have
been suspended from ERA’s on-going and upcoming projects. If bidders propose a
suspended professional, the CV will be rejected and will be merited zero point out of
the allocated points for that professional. Please refer ERA’s website
(www.era.gov.et/PerformanceRating/DesignAccountability Staff.aspx) for the list of
professionals.

.205 Consultants getting score less than 70 points in the evaluation shall be rejected and the
envelopes containing the Financial Proposals of those Consultants scoring 70 points and
above shall be opened.
Evaluation and Comparison of Financial Proposals
According to the methodology defined in the Public Procurement Proclamation and Directive the
Public Body shall select the successful Consultant by applying the following method:
Quality and Cost Based Selection
(a) In the financial evaluation, the highest point shall be given to the lowest evaluated
Financial Proposal after deduction of Provisional Sum amount specified by the client
and application of preference margin as appropriate whose procedure is indicated
below, and conversely, the lowest point shall be given to the highest evaluated
Financial Proposal after deduction of the Provisional Sum amount specified by the
client and application of the preference margin; among technically qualified

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Proposals. The points given to other Consultants shall be determined depending on

their price offers.
i.e. Sf = 100 x Fm/F in which:
 Sf denotes the financial score of the proposal under consideration;
 Fm is the price of the lowest price proposal that passed the technical
evaluation;
 F denotes the price of the proposal under consideration.
(a). From the total merit points to be given for proposals submitted by Consultants the
share of Technical Proposal shall be 80% and the remaining 20% shall be the share of
Financial Proposal.
(b). The Public Body shall then add the technical score to the Financial Proposal Price
score to determine the aggregated (total) Bid Proposal score and final ranking of
Proposals.
i.e. A total score (S) will be determined for each proposal, by combining its technical
(St) and financial (Sf) scores using the following formula and weightings
indicated in (b) above:
S = (St x T %) + (Sf x P %)
Whereas T and P are the weights given to the scores of the Technical and Financial
Proposals indicated in (b) above:
T = 80
P = 20
(c). The Public Body shall award the contract to the Proposal that has the highest point in
the total sum of results of the technical and financial evaluation.
(d). Where two Consultants get equal merit points in the evaluation, preference shall be
given to local Consultants.
(e). The Public Body may require Consultants scoring equal merit points in the evaluation
to submit further Proposals on certain aspects of the Request of Proposals with a view
to identifying the successful Consultant.
(f). Where by reason of the Consultants scoring equal merit points not submitting final
proposals they are invited to submit, or by reason of the evaluation result of the final
proposals submitted by the Consultants being still equal the successful Consultant
cannot be singled out, the successful Consultant shall be determined by casting lot in
the presence, as far as possible, of the Consultants concerned.
.206 Quality Based Selection
(a). The Consultant scoring the highest point in the evaluation of the Technical Proposals
shall be selected as the successful Consultant.
(b). Notwithstanding the provision of Sub-Clause above, if the price offered by the
selected Consultant is beyond the Public Body's ability to pay, the Public Body may
enter into a contract with the Consultant scoring the second highest point in the
Technical Proposal to procure the required Consultancy Service, provided that the
price offered by such Consultant is affordable to the Public Body.
.207 Fixed Budget Selection
(a). In the financial evaluation, the highest point shall be given to the lowest priced
Financial Proposal, and conversely, the lowest point shall be given to the highest

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priced Financial Proposal; among technically qualified Proposals. The points given to
other Consultants shall be determined depending on their price offers.
(b). From the total merit points to be given for proposals submitted by Consultants the
share of Technical Proposal shall be and the remaining shall be the share of Financial
Proposal.
(c). The Consultant offering the price within the budget limit allocated to the procurement
and scoring the highest point in the total sum of results of the technical and financial
evaluations shall be selected as the successful Consultant.
(d). If necessary, negotiation may be held with the selected Consultant on certain issues
excluding price.
(e). Consultants offering price in excess of the budget available for the procurement shall
be disqualified
.208 Least Cost Based Selection
(a). The Consultant offering the lowest evaluated price shall be selected as the successful
Consultant from among the Consultants who have technically qualified by satisfying
the minimum points set for technical qualification.
Domestic Preference: (Not Applicable)
.209 If the ITC Clause 34 so specifies, the Public Body will grant a margin of preference to
local consultancy companies for the purpose of bid comparison, in accordance with the
procedures outlined in subsequent paragraphs.
(a). For the purpose of further evaluation and comparison of Financial Proposals only, a
Responsive Financial Proposals shall be classified into the following groups:
(i) Group A: Corrected Financial Proposals (excluding Specified Provisional Sums)
submitted by local consultancy companies meeting the criteria of ITC Sub-Clause
34.3; and
(ii) Group B: all other Corrected Financial Proposals (excluding Specified
Provisional Sums).
.210 For the purpose of further evaluation and comparison of Financial Proposals only, an
amount equal to 7.5% percent of the evaluated Financial Proposals' prices determined in
accordance with ITC Sub-Clause 34.3 shall be added to all Financial Proposals classified in
Group B.
.211 All evaluated financial proposal prices obtained after application of the preference margin
indicated in item 1.13 above will be carried over to determination of the financial proposal
price scores in accordance with item 1.8 above, and for the calculation of combined
evaluation scores thereby.

Evaluation of Multiple Contracts

Since in accordance with ITC Sub-Clause 39.6 the Public Body shall not be allowed to award
one or multiple lots to more than one Consultant, the following methodology shall be used for
award of multiple contracts:
To determine the lowest-evaluated lot combinations, the Public Body shall:

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(a). evaluate only lots or contracts that include at least the percentages of items per lot
and quantity per item as specified in ITC 19.7; [THIS APPROACH IS NOT
APPLICABLE]
(b). Take into account:
(i) The Best - Evaluated Proposal for each lot that meets the requirement of
evaluation criteria; i.e. the Consultant with the Highest Combined Technical and
Financial Score of each lot.
(ii) The price reduction per lot and the methodology for their application as offered
by the Consultant in its Financial Proposal; and
(iii) The Contract-Award sequence that provides the optimum economic
combination, taking into account any limitations due to constraints in supply
or execution capacity. Details of the requirements in this regard are shown as
follows:

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Qualification Criteria for Multiple Contracts Award of Consultants:

I/No.
Qualification Criteria Tender Type Normal Projects

A Award multiple contracts for projects floated in a package

Overlap of Key Staffs ICB/NCB If there is more than 50% of key staff overlap (in Number of Key Staff) on proposals of the same
(among Projects) company between projects floated in a package, the Consultant will be awarded a maximum of one (1)
project among the projects which have more than 50% overlap.

B Awarding of more than 2 projects on projects which are invited to submit proposal as of beginning of the current Ethiopian Fiscal Year (2013
EFY), i.e. starting from July 7, 2021.
If a bidder is awarded/recommended for award on more than two projects which are invited to submit proposal as of beginning of the current
Ethiopian Fiscal Year (2013 EFY), i.e. starting from July 7, 2021, whether it is from the same package or not, the following further multiple
contract assessment will be applied in addition to the multiple contract assessment of awarding projects in a package as discussed under (A)
above.
Overlap of Key staffs ICB/NCB If more than 60% of key staffs (in Number of Key Staff) of a project, which is recommended for award
(among the proposed are overlapped with key staffs of other projects awarded/recommended for award (not only project to
professionals) project but also entirely among the staffs of any of the projects awarded/recommended for award)
which are invited to submit proposal as of beginning of the current Ethiopian Fiscal Year (2013 EFY),
i.e. starting from July 7, 2021, the Consultant will not be awarded the subject project which have more
than 60% staff overlap with the other projects awarded/recommended for award.

Note (for both A and B)  The projects to be awarded to a consultant among the overlapped project will be as per the best
economic advantage of the client.
 In assessing the Staff overlap and/or number of contracts for multiple awards to the successful firm
only Consultancy Services for Normal Road Design or Construction Supervision Projects awarded
by ERA or recommended for award will be considered. However, Consultancy services for
maintenance supervision, bridge design/supervision, Concept design and/or Technical Assistance
contracts will not be considered in the assessment
 In assessing the Staff overlaps under A and B above, a staff will not be considered under list of
overlapped staffs as long as he/she is within the allowable work load and/or the maximum number of
projects that a particular professional can involve/work at a time on ERA projects if he is awarded

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I/No.
Qualification Criteria Tender Type Normal Projects
on the projects considered for the multiple contract assessment.

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Section 2. Bidding Forms

Table of Contents

A. Technical Proposal - Standard Forms 1

1. Technical Proposal Submission Sheet - Form T 1 1
2. Consultant Certification of Compliance - Form T 2 4
3. Technical Proposal - Form T 3 10
4. Form - Data on Joint Venture/Consortium 13
5. Curriculum Vitae for Proposed Professional Staff - Form T 4 14
6. Bid Security 16
7. Form of Declaration of Interest 11
B. Financial Proposal - Standard Forms 12
1. Financial Proposal Submission Sheet - Form F 1 12
2. Financial Proposal - Form F 2 22

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Part 14 Technical Proposal - Standard Forms

1. Technical Proposal Submission Sheet - Form T 1
Place and Date: [insert place and date (as day, month and year) of bid proposal]
Procurement Reference Number: [insert reference number]
To:
Ethiopian Roads Authority
Attn: Habtamu Tegegne, Director General of Ethiopian
Roads Authority
Ras Abebe Aregay Street, Ethiopian Roads Authority Head
Office
P.O. Box: 1770
Addis Ababa
Ethiopia
SUBMITTED BY1:
Complete Name and Address of the Seat of the
Nationality2
Consultant
Leader3
Member
Etc …

In response to your Request for Proposals for the above Procurement Number: [Insert reference
number], we, the undersigned, hereby declare that:
(a) We have examined and accept in full the content of the Request for Proposals for the,
Procurement Number: [Insert reference number]. We hereby accept its provisions in their
entirety, without reservation or restriction.
(b) We, the undersigned, offer to provide the Consultancy services for [insert title of
assignment] in accordance with your Request for Proposal dated [insert date] and our
Proposal.
(c) We are hereby submitting our Bid Proposal, which includes this Technical Proposal, and a
Financial Proposal sealed under a separate envelope;
(d) We are submitting our Bid Proposal in association with: [insert a list with full name and
address of each associated consultant].
(e) We hereby declare that all the information and statements made in this Bid Proposal are true
and accept that any misinterpretation contained in it may lead to our disqualification.
(f) Our Bid Proposal shall be valid for a period of 90 days from the date fixed for the Bid
Proposal submission deadline in accordance with the Request for Proposals, and it shall
remain binding upon us and may be accepted at any time before expiry of that period;

1
One signed original Technical Proposal Form signed by each legal entity making the Bid Proposal must be supplied
together with the number of copies specified in the Instruction to Consultants.
2
Country in which the legal entity is registered.
3
Add/delete additional lines for members as appropriate. Note that a sub-consultant is not considered to be a member
for the purposes of this bidding procedure. If this Technical Proposal is being submitted by an individual Consultant,
the name of the Consultant should be entered as "leader" and all other lines should be deleted.

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(g) If negotiations are held during the period of validity of the Bid Proposal, we undertake to
negotiate on the basis of the proposed staff. Our Bid Proposal is binding upon us and subject
to the modifications resulting from Contract negotiations.
(h) We, including any Sub-consultants for any part of the contract resulting from this
procurement process, are eligible to participate in public procurement in accordance with
ITC Clause 4.1 and have not been debarred by a decision of the Public Procurement Agency
from participating in public procurements for breach of our obligation under previous
contract ;
(i) We have read and understood the provisions on fraud and corruption in GCC Clause 5 and
confirm and assure to the Public Body that we will not engage ourselves into these evil
practices during the procurement process and the execution of any resulting contract;
(j) We have not committed an act of embezzlement, fraud or connivance with other Consultants.
(k) We have not given or have been offered to give inducement or bribe to an official or
procurement staff of the Public Body to influence the result of the Bid Proposal in our favor.
(l) We are not participating, as Consultants, in more than one Bid Proposal in this bidding
process;
(m) We do not have any conflict of interest and have not participated in the preparation of the
original Terms of Reference for the Public Body;
(n) If our Bid Proposal is accepted, we commit to submit a performance security in accordance
with the GCC Clause 55 of the Request for Proposals, in the amount of [N/A] for the due
performance of the Contract;
(o) We, including any Sub-consultants or suppliers for any part of the Contract, have
nationalities from eligible countries [insert the nationality of the Consultant including
that of all parties that comprise the consultant, if the Consultant is a Joint Venture
consortium or association, and the nationality of each consultant] ];
(p) We will inform the Public Body immediately if there is any change in the above
circumstances at any stage during the implementation of the contract. We also fully
recognize and accept that any inaccurate or incomplete information deliberately provided in
this Bid Proposal may result in our exclusion from this and other contracts funded by the
Government of the Federal Democratic Republic of Ethiopia.
(q) We understand that this Bid Proposal, together with your written acceptance thereof included
in your notification of award, shall not constitute a binding contract between us, until a
formal contract is prepared and executed.
(r) We understand that you reserve the right to reject any or all Bid Proposals that you may
receive.
Name: _____________ [insert complete name of person signing the Bid Proposal]
In the capacity of: _____________ [insert legal capacity of person signing the Bid Proposal] .
Signed; ___________ [insert signature of person whose name and capacity are shown above]

Duly authorized to sign the Bid Proposal for and on behalf of __________________ [insert
complete name of consultant] .
Dated on_____ [insert date] day of_____ [insert month]], 20___ [insert year of signing]

Attachments:
1. Valid trade license indicating the stream of business in which the Consultant is engaged;
2. VAT registration certificate issued by the tax authority [domestic consultants only];

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3. A valid tax clearance certificate issued by the tax authority [domestic consultants only];
4. Business organization registration certificate or trade license issued by the country of
establishment [foreign consultants only] ; and
5. Relevant professional practice certificates.
6. Bid Security; and
7. Other documents requested by the Public Body.

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[Note to Consultants:
The information requested is required in the format provided below and should be included by
the Consultant in its Technical Proposal. Consultants may reproduce this format in landscape
format, but are responsible for its accurate reproduction.]
2. Consultant Certification of Compliance - Form T 25
Place and Date: [insert place and date (as day, month and year) of bid proposal]
Procurement Reference Number: [insert reference number]
To:
Ethiopian Roads Authority
Attn: Habtamu Tegegne, Director General
Ras Abebe Aregay Street, Ethiopian Roads Authority
Head Office
P.O. Box: 1770
Addis Ababa
Ethiopia
(a) General Information About the Consultant

Consultant’s Legal Name:

In case of Joint Venture,
legal name of each party:
Place of Registration:
Legal Address in Country
of Registration:
Name:
Position:
Authorized Representative
Address:
Information
Telephone/Fax:
E-mail address:
In case of JV, letter of intent to form JV including a draft
agreement, or agreement governing formation of JV, in
accordance with ITC Sub-Clause 4.1
Attached copies of original
Form Data on Joint Ventures
documents of: [check
In case of government owned entity from the Public Body’s
applicable box]
country, documents establishing legal and financial
autonomy and compliance with the principles of commercial
law, in accordance with ITC Sub-Clause 4.4.
We have attached an official written statement by a power of attorney (or notary statement, etc.)
proving that the above person, who signed the Bid Proposal on behalf of the company/joint
venture/consortium, is duly authorized to do so.

5
One signed original Consultant Certification of Compliance Form must be supplied together with the number of
copies specified in the Instruction to Consultants. If this bid is being submitted by a joint venture/consortium, the data
in the tables below must be the sum of the data provided by the joint venture/consortium members.

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(b) Financial Standing [NOT APPLICABLE]

[Insert Consultant’s Name] has adequate financial resources to manage this Contract as
established by our financial statements, audited by an independent auditor, submitted in this Bid
Proposal. The following table contains our financial data. These data are based on our annual
audited accounts. Figures in all columns have been provided on the same basis to allow a direct,
year-on-year comparison to be made.
Historic Information for Previous [insert number of years] Years
FINANCIAL DATA in [insert currency]
Year 2 Year 1 Last Year Current Year Average
A. Information from Balance Sheet
1.Total Assets
2. Total Liabilities
I. Net Value (1-2)
3. Current Assets
4. Short-term debts
II. Working Capital (3-4)
B. Information from Income Statement
1. Total Revenue
2. Pre-tax Profits
3. Losses

Along with financial data we provided above we have attached the following documents as proof
of our financial standing, as required in the BDS:
(a).
(b).
Attached documents comply with the following conditions:
 Documents reflect the financial situation of the Consultant or partner to a Joint Venture, and
not sister or parent companies;
 Historic financial statements are audited by a certified accountant;
 Historic financial statements are complete, including all notes to the financial statements;
 Historic financial statements correspond to accounting periods already completed and audited.

Annual Turnover Data

Year Amount and Currency

Average Annual
Turnover*

*Average annual turnover calculated as total certified payments received for contracts in progress
or completed over the number of years specified in Section 3, Evaluation and Qualification
Criteria, Sub-Factor 1.3(a), divided by that same number of years.
(c) Consultant's Organization
[Consultant should provide a brief (approximately two pages description of its firm/entity (and
each associate for the assignment) and explain how its firm is organized, for example,

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regionally or by technical practice and how it plans to manage the work included in this
Request for Proposals in addition to its other normal projects]
(d) Technical Qualifications, Competence, and Experience in the Procurement Object
As proof of the [insert consultant’s name] technical and professional ability in providing the
Consultancy Services similar to the ones requested under this assignment the tables below
summarize the [insert required number of contracts] major relevant contracts successfully
completed in the course of the past [insert required number of years] years with a budget of at
least that of this Bid Proposal.
Each partner of a Joint Venture should separately provide details of its own relevant contracts.
[Insert separate sheet for each contract]

Assignment Name: Approx. Value of the Contract (in ETB)

Country: Duration of Assignment (months):
Location within Country:
Name of Client: Total Number of Staff-Months:

Address of Client: Approx. Value of the Services Provided by

your Firm (in ETB)
Telephone Number: E-mail Address:
Start Date (Month/Year): Completion Date (Month/Year):
Name of Associated Consultants, If Any: No of professional Staff-Months Provided by
Associated Consultants:
Names of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions
Performed:
Narrative Description of Project:

Description of Actual Services Provided by Your Staff:

Note: -
1. If the project is not already completed the percentage of work completed shall be
indicated here. An ongoing project can qualify as an experience only if it is at least 70%
completed.
2. Experience of JV Partners will be aggregated for evaluation.
3. Experience obtained in a Sub-Consultancy form of association can qualify as an
experience only if the Sub-Consultancy share of the applicant is more than 50% of the
total key staff months.
The Client’s Certificates concerning the satisfactory execution of contracts are attached to this
document.

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(e) Professional Qualifications and Capabilities [NOT APPLICABLE]

In order to proof our professional qualifications and capability the following table contains
[insert Consultant’s name] personnel statistics for the current and the two previous years.
Profession (e.g. Experience on Number of Years
Name of Total
Highway, Engineer, Educational the Proposed with the Firm as
Permanent Experience
Resident Engineer… Qualification Position Permanent Staff
Manpower (Years)
etc) (Years)
1
2
3
TOTAL

Note: Employment agreement, sample recent payrolls and tax payment confirmation need to be
attached for each staff.
The following Team Skill Matrix identifies the skills that are relevant to the role in the
contract team and are required for successful execution of the contract: [NOT
APPLICABLE]
Expert Name
Role: (e.g., Project Manager, Technical Specialist, etc)
Resume Page
Knowledge Knowledge Level Comments
Reference
NOT APPLICABLE
Resume Page
Experience Knowledge Level Comments
Reference
NOT APPLICABLE
Additional Knowledge and Resume Page
Knowledge Level Comments
Experience Reference
NOT APPLICABLE
Experience indicated in the matrix is backed up in the individual’s resume.
We have used the following ratings in order to accurately reflect the skill ratings of our team:
[NOT APPLICABLE]
Has exposure to education in the subject area but has not used this skill set in
U Understanding
practice.
W Working Has limited working experience using this skill set.
Has hands-on experience using this skill set to implement between 2 to 5
P Proficient
projects of various scope/complexity.
Has hands-on experience using this skill set in a key role to implement more
X Expert
than 5 projects of various scope/complexity.

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(f) Comments and Suggestions on the Terms of Reference [NOT APPLICABLE]

[Consultant should present and justify here any modifications or improvement to the Terms of
Reference it is proposing to improve performance in carrying out the assignment (such as
deleting some activity the Consultant considers unnecessary, or adding another, or proposing a
different phasing of the activities). Such suggestions should be concise and to the point and
incorporated in consultant’s Bid Proposal.]

(g) Comments and Suggestions on the Staff and Facilities to be Provided by the Public
Body [NOT APPLICABLE]
[Consultant should give any comments on the staff, data, services and facilities to be provided by
the Public Body (e.g. administrative support, office space, local transportation, equipment, data,
etc.)]

(h) Site Visit, Knowledge and Appreciation of the Project Area:

[The firm is expected to compose a team of professionals from various relevant disciplines to
conduct a site visit. The site visit shall be supported by photographs of the key project area and
shall at least indicate but not limited to samples of Terrain Condition, Climate, Existing
Condition of the Existing Road Pavement & Drainage Structures (Major & Minor), Sub-Grade
Soil, Land-Use, Right of Way Issues and Towns, Sources of Construction Materials (Water,
Sand, Gravel Sources), General Observations, Expectations and Recommendations as an
Outcome of the Site Visit.
Note: Team Composition of the visiting team shall be confirmed by the signatures of the team
members on the site visit report.]
(j) Managerial and Control Procedures [NOT APPLICABLE]
[Consultant shall provide list of technical departments which will be involved in managing the
contract, type of control procedures in place to accommodate the contract, etc.]

(k) Consultant Audit Agency [NOT APPLICABLE]

[Consultant should provide name, address, and phone of its auditors]

(l) Bank Account Number and Bank Address [NOT APPLICABLE]
The bank account into which payment should be made is the following:
[Insert bank account details]

Name: __________ [insert complete name of person signing the Bid Proposal]
In the capacity of: ________ [insert legal capacity of person signing the Bid Proposal] .
Signed: ____________ [insert signature of person whose name and capacity are shown
above]
Duly authorized to sign the Bid Proposal for and on behalf of _________ [insert complete name
of consultant].
Dated on [insert date] day of [insert month]], 20[insert year of signing]

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Attachments:
1. Statement issued by a power of attorney authorizing the signatory of the Bid Proposal;
2. Certificates of satisfactory execution of contracts provided by contracting parties to the
contracts successfully completed in the course of the past years, as required in the BDS.
3. Individual’s resume for proposed Professional Staff -Form T 4.
4. Audited financial statements;
5. Documents required as proof of the Consultant's financial standing, as required in the BDS.

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[Note to Consultant:
Consultant has to present its Technical Proposal divided into the following three key
components: a) Additional / Innovative Technical Approach and Methodology [Not more than
five pages], b) Work Plan, and c) Organization and Staffing. The information requested is
required in the format provided below and should be included by the Consultant in its Technical
proposal. Consultant may reproduce this format in landscape format, but is responsible for its
accurate reproduction]
3. Technical Proposal - Form T 3
Place and Date: [insert place and date (as day, month and year) of bid proposal]
Procurement Reference No.: [insert reference number]
Alternative No.: [insert identification No. of this Bid for an alternative]
To:
Ethiopian Roads Authority
Attn: Habtamu Tegegne, Director General of
Ethiopian Roads Authority
Ras Abebe Aregay Street, Ethiopian Roads Authority
Head Office
P.O. Box: 1770
Addis Ababa
Ethiopia
(a) Technical Approach and Methodology
[Consultants should confirm that they will comply with the minimum TOR requirements included
under Section 6 of the RFP. To this end, bidders are not required to prepare methodology for
rendering the service to the minimum scope of works indicated in the RFP. However, if bidders
are of the view that they have a proposal beyond the minimum requirement of the TOR or other
innovative ideas, they are encouraged to submit the methodology with their technical proposals
but the same should be presented by not more than five (5) pages.

Consultants who agree to comply with the minimum requirements of the TOR shall confirm as per
the declaration Form A (8) under section 4 of RFP and will be merited the fixed mark allotted for
compliance to the minimum requirement of the TOR. The remaining points allotted for
methodology will be given for bidders who have presented acceptable proposal which is deemed
beyond the minimum requirement of the TOR and/or is innovative ideas.]

(b) Work Plan

[In this chapter Consultant should propose the main activities of the assignment, their content
and duration, phasing and interrelations, milestones (including interim approvals by the public
body), and delivery dates of the reports. The proposed work plan should be consistent with the
Scope/requirements of the Terms of Reference and additional or Innovative methodologies of the
consultant, showing understanding of the Terms of Reference 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 forms in Sub-Clause 3 (d) below must be
included by the Consultant under this chapter.]

(c) Organization and Staffing

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[In this chapter Consultant should propose the structure and composition of its team.
Consultant should list the main disciplines of the assignment, the key expert responsible, and
proposed technical and support staff. The forms in Sub-Clause 3(e) and 3(f) below must be
included by the Consultant under this chapter.
(d) Work Schedule

Time Period [Specify weeks or months]

No. Activity
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th

[Indicate all main activities of the assignment, including milestones such as submission of reports
and other deliverables. For phased assignments, indicate activities separately for each phase. The
work plan should be consistent with the Work Schedule Form.]
(e) Team Composition and Task Assignments
Professional Staff
Area of
Name Firm Position Tasks Assigned
Expertise

(f) Staffing Schedule

Staff Input [In the form of a bar
Total Staff Input
Foreign/ chart]
No Name of Staff
National
1 2 3 4 5 6 7 8 9 10 11 12 Home Field Total
Foreign
1

Subtotal 1
Local

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Subtotal 2
Total

Full time input

Part-time input
 Staff input should be counted from the start date of the assignment and indicated
in weeks or months, as appropriate.
 For professional staff, input should be indicated individually by name; for support
staff it should be indicated by category (e.g.: draftsman, clerical staff, etc.)
 Home input should not be proposed for the staff requested under the TOR except
for additional staffs proposed by the firm as required. Field work means work
carried out at a place other than the Consultant’s home office.

Name _______________________________
In the capacity of.________________________________
Signed _____________________________
Duly authorized to sign the Bid Proposal for and on behalf of ____________________________
Dated on________ [insert day] day of_________ 20___.
Attachments:

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4. Form - Data on Joint Venture/Consortium

Date:
Procurement Reference Number:
Alternative No:
Name of Joint
1.
Venture/Consortium
Managing Board's Address
P.O. Box:
Street Address:
Town/City:
2. Post Code:
Country:
Telephone:
Facsimile:
E-mail address
Agency in the Federal Democratic Republic of Ethiopia, if any (in the case of a joint
venture/consortium with a foreign lead member)
P.O. Box:
Street Address:
3. Town/City:
Post Code:
Telephone:
Facsimile:
E-mail address
Names of Members
Member 1
4.
Member 2
Etc.
5. Name of Lead member
Agreement governing the formation of the joint venture/consortium
6. Date of signature
Place
Proposed proportion of
responsibilities between members (in
7.
%) with indication of the type of the
services to be performed by each
Name _________________
In the capacity of._____________________
Signed ________________________
Duly authorized to sign the bid for and on behalf of._________________________
Dated on___________ [insert day] day of___________, 20___.
[Note to Consultants: The information requested is required in the format provided below for
each named member of professional staff and should be included by the Consultant in its
Technical Proposal.]
5. Curriculum Vitae for Proposed Professional Staff - Form T 4
1. Proposed Position:

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2. Name of Firm:

3. Name of Staff:
4. Date of Birth: Nationality:
5. Education:
6. Relation with the Firm:
7. Membership of Professional Associations:
8. Other Training:
9. Countries of Work Experience:
10. Languages:
11. Current Employment Record with Ethiopian Roads Authority:

I. Name of Employer Type of Position on The %age The %age

No. Project Project the Projects Completion Completion of
of the Specific
Project Assignment of
the Staff
1
2

12. Employment Record:

From: _______ To:
Employer:
Positions held:

13. Detailed Tasks Assigned: 14. Work Undertaken that Best Illustrates Capability to
Handle the Tasks Assigned:
Name of assignment or project:
Year:
Location:
Client:
Main project features:
Positions held:
Activities performed:

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

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___________________________________________ Date:
[Full Name and Signature of the Proposed Professional]

___________________________________________ Date:
[Full Name and Signature of the Authorized Representative]

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6. Bid Securing Declaration

Date: [insert date (as day, month and year)]

Procurement Reference Number:
Alternative No:

To: Ethiopian Roads Authority

We, the undersigned, declare that:
We understand that, according to your conditions, bids must be supported by a Bid-Securing
Declaration.

We accept that we will automatically be suspended from being eligible for bidding in any
contract with Ethiopian Roads Authority (ERA) for the period of time of One Year starting from
bid submission, if we are in breach of our obligation(s) under the bid conditions, because we:
(a) have withdrawn our Bid during the period of bid validity specified in the Technical
Proposal Submission Form; or

(b) having been notified of the acceptance of our Bid by the Employer during the period of
bid validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse to
furnish the Professional Indemnity, in accordance with the Special Conditions of Contract
Sub-Clause48.1.

We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder.

Signed: [insert signature of person whose name and capacity are shown]
In the capacity of [insert legal capacity of person signing the Bid-Securing Declaration]
Name: [insert complete name of person signing the Bid-Securing Declaration]
Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]
Corporate Seal (where appropriate)

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7. Form of Declaration of Interest

PROPOSED POSITION:

NAME OF FIRM:

NAME OF STAFF:

I, the under signed staff, confirm that I am interested and will be available for the proposed
position mentioned here above for the Consultancy services for the [Insert Name of the
Consultancy Services], to work with ________________ [name of consultant] in the above
mentioned position. I also declare that:

 I have submitted my CV and signed a declaration of interest not for more than two
consultants including this Consultant in this particular project. I understand that, I will take
full individual responsibility, if I am found signing a declaration of interest for more than two
consultants in this particular project,

 The information on my CV especially the experience record and the current work
commitment with ERA and its percentage progress is correct at the time of signing this
declaration and I will take full individual responsibility if there is any misrepresentation of
facts on the CV and ERA is at liberty to take any appropriate action,

 I have agreed not to be proposed or engaged on ERA projects for six months time starting
from the notification of the successful firm if I decline to work with the firm, if it is found
successful unless and otherwise I encounter circumstances outside my reasonable control and
not foreseeable including but not limited to death or medical incapacity or if the number of
projects that I am already being engaged in surpassed the maximum allowable workload
limit; and

 I have agreed on my salary to be paid if the firm is found successful on the subject project.

________________________ _________________
Full Name and Signature of Staff Member
Day/Month/Year

___________________________ ________________
Full Name and Signature of Authorized Representative of the Firm Day/Month/Year

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[Note: The following Form shall be signed and included as part of the Technical Proposal
of the Consulting Firm and/or each and all Partners of the Joint Venture, if the Consultant
is composed of JV Partners.]

8. TOR Compliance Confirmation Form

We, the undersigned, declare that: We have understood and fully accepted all the Provisions of
the Terms of Reference (TOR) of the project; i.e. ------------------------- [name of project], and the
obligations of the Consultant in the performance of the contract; and hence, we have agreed to
comply the TOR as a minimum requirement for execution of the service.

Signed: ______________________________
[insert signature of person whose name and capacity are shown]
In the capacity of:__________________________________
[insert legal capacity of person signing the TOR compliance confirmation form and/or Person
Authorized To sign on the Proposal]
Name: ______________________
[Insert complete name of person signing on the TOR compliance confirmation form and/or
Person Authorized To sign on the Proposal]
Duly authorized to sign the bid for and on behalf of: ___________________________
[insert complete name of Bidder]
Dated on ____________ day of __________________, _______
[insert date of signing]
Corporate Seal (where appropriate)

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9. Indicative Checklist

ITEMS Reference Clause

Bid Security Declaration Form Section 2: ITC Sub-Clause22.1

Technical Proposal Submission Sheet with the Section 1: ITC Sub-Clause18.2 and Section
Required Information Enclosed 4: Bidding Forms
Written Confirmation of Authorization to
Section 1: ITC Sub-Clause 23.2
Commit the Bidder (Power of Attorney)
Certificate of Registration from Public
Section 1: ITC and Section 2: BDS, Sub-
Procurement Agency Enclosed Demonstrating
Clause 4.5(b)(v)
its Registered Supplier Status.
Trading License or Equivalent Enclosed Section 1: ITC and Section 2: BDS, Sub-
Renewed for the Required Year Clause 4.5(b)(i)
Tax Clearance and VAT Registration Certificate Section 1: ITC and Section 2: BDS, Sub-
Enclosed with the Bid Clause 4.5(b)(ii) &(iii) and 4.5 (c)(ii)
Relevant Professional Practice Certificate
Section 1: ITC and Section 2: BDS, Sub-
Renewed for the Required Year (for Local
Clause 4.5(b)(iv)
Firms)
Relevant Professional Practice Certificate and Section 1: ITC and Section 2: BDS, Sub-
Trading license (for Foreign Firms) Clause 4.5(c)(i)
Section 1: ITC and Section 2: BDS, Sub-
Proposal Validity for Specified Days
Clause 21.1
CVs Recently Signed by Proposed Key
Personnel or Authorized Manager and Section 2.BDS, Sub-Clause18.2 (f) (iii)
Confirmation Letter for the CV’s Provided
Declaration of Interest is Signed Section 2: BDS, Sub-Clause18.2 (f) (iv)
Separately Sealed Financial Proposal Provided Section 1: ITC 12.1
Experience on Assignment of Similar Nature Section 1: ITC 18.2 & Section 2: BDS,Sub-
with Certificate of Confirmation Clause 18.2(f) (v)
Compliance of Terms of Reference Section 2: BDS Sub-Clause 18.2 (c)
Approach, Methodology and Work Plan
Section 1: ITC Sub-Clause 18.2
(Schedules)
Section 1: ITC and Section 2: BDS, Sub-
Proposals are Properly Sealed and Labeled
Clause 24

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Part 15 Financial Proposal - Standard Forms

1. Financial Proposal Submission Sheet - Form F 1
Place and Date: [insert place and date (as day, month and year) of bid proposal]
Procurement Reference Number: [insert reference number]
To:
Ethiopian Roads Authority
Attn: Habtamu Tegegne, Director General of
Ethiopian Roads Authority
Ras Abebe Aregay Street, Ethiopian Roads Authority
Head Office
P.O. Box: 1770
Addis Ababa
Ethiopia
SUBMITTED BY6:
Complete Name and Address of the Seat of the
Nationality7
Consultant
Leader8
Member
Etc …

In response to your Request for Proposals for the above Procurement Number: [insert reference
number], we, the undersigned, hereby declare that:
(a) We have examined and accept in full the content of the Request for Proposals for the,
Procurement Number: [insert reference number]. We hereby accept its provisions in their
entirety, without reservation or restriction.
(b) We offer to provide the Consultancy services for [insert a brief description of the services]
in conformity with your Request for Proposals and our Technical and Financial proposals;
(c) The total price of our Financial Proposal, inclusive of local taxes and excluding any
discounts offered in item (d) below is: ___________________________________ [insert
the total financial proposal price in words and figures] [insert currency] ;
(d) The discounts offered and the methodology for their application are: [insert discount]
Unconditional Discounts: If our Financial Proposal is accepted, the following discounts
shall apply. ______________________________________ [Specify in detail each
discount offered and the specific item of the schedule of Requirements to which it
applies].
Methodology of Application of the Discounts: The discounts shall be applied using the
following method: ______________________________________________ [Specify in
detail the method that shall be used to apply the discounts];

6
One signed original Financial Proposal Form signed by each legal entity making the Bid Proposal must be supplied
together with the number of copies specified in the Instruction to Consultants.
7
Country in which the legal entity is registered.
8
Add/delete additional lines for members as appropriate. Note that a sub-consultant is not considered to be a member
for the purposes of this bidding procedure. If this Financial Proposal is being submitted by an individual Consultant, the
name of the Consultant should be entered as "leader" and all other lines should be deleted.

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Conditional Discounts: If our Financial Proposal(s) are accepted, the following discounts
shall apply: ______________________________________ [Specify in detail each
discount offered and the specific item of the schedule of Requirements to which it
applies].
Methodology of Application of the Discounts: The discounts shall be applied using the
following method: ______________________________________ [Specify in detail the
method that shall be used to apply the discounts];
(e) The prices in this Financial Proposal have been arrived at independently, without, for the
purpose of restricting competition, any consultation, communication, or agreement with any
other Consultant or competitor relating to:
i. Those prices;
ii. The intention to submit a proposal; or
iii. The methods or factors used to calculate the prices offered.
(f) The prices in this Financial Proposal have not been and will not be knowingly disclosed by
the __________________________ [insert Consultant’s name], directly or indirectly, to
any other Consultant or competitor before bid opening.
(g) Our Financial Proposal shall be valid for a period of Ninety (90) days from the date fixed
for the proposal submission deadline in accordance with the Request for Proposals, and it
shall remain binding upon us, subject to any modifications resulting from negotiations, and
may be accepted at any time before the expiration of that period;
(h) We are not insolvent, in receivership, bankrupt or being wound up, not have had our
business activities suspended and not be the subject of legal proceedings for any of the
foregoing;
(i) We have fulfilled our obligations to pay taxes according to Ethiopian Tax laws
(e) We understand that you are not bound to accept any Financial Proposal that you receive;

Name: _____________ [insert complete name of person signing the Bid Proposal]
In the capacity of: _____________ [insert legal capacity of person signing the Bid Proposal].
Signed; ___________ [insert signature of person whose name and capacity are shown above]

Duly authorized to sign the Bid Proposal for and on behalf of __________________ [insert
complete name of consultant].
Dated on_____ [insert date] day of_____ [insert month]], 20___ [insert year of signing]

Attachments:

1. Financial Proposal (Form F2); and

2. Other documents requested by the Public Body.

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[Note to Consultants: This Financial Proposal should be signed by a person with the proper
authority to sign documents for the consultant. It should be included by the Consultant in its Bid
Proposal. The Consultant may reproduce this form in landscape format but is responsible for its
accurate reproduction.]
2. Financial Proposal - Form F 2
Place and Date [insert place and date (as day, month and year) of bid proposal]
Procurement Reference No.: [insert reference number]
Alternative No.: [insert identification No if this is a bid for an alternative]

To:
Ethiopian Roads Authority
Attn: Habtamu Tegegne, Director General of
Ethiopian Roads Authority
Ras Abebe Aregay Street, Ethiopian Roads Authority
Head Office
P.O. Box: 1770
Addis Ababa
Ethiopia

(a) Financial Proposal Total Price

Price Item Price [insert currency] Price in ETB

Total Price of Financial Proposal

[Indicate the total price inclusive of local taxes to be paid by the public body in each currency.
Such total price must coincide with the sum of the relevant subtotals indicated in all Tables F.2.2
provided with the financial Proposal.]

(b) Breakdown of Financial Proposal by Activity

Group of Activities Description:

Price Item Total
Fees (A)
Reimbursable Expenses (B)
Contingency (C) = 15% of [A + B]
VAT (D) = 0.15* [A + B + C]
Sub-Totals (E) = A + B + C + D

- This table 2.2 shall be filled 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

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and each phase has a different payment schedule), the Consultant shall fill a separate
table for each group of activities.
- For each currency, the sum of the relevant subtotals of all tables provided must coincide
with the total price of financial proposal indicated in Table 2.1.
- Names of activities (phase) should be the same as or correspond to the ones indicated in
the second column of Table 3 (d) Work Schedule.
- Provide short description of the activities whose cost breakdown is provided in this table.
(c) Breakdown of Fees

Total
Minimum Minimum
Minimum
Name of Proposed Man-Month Man-Month Staff- Total
Item. No. Man-
Staff Position for for Defects month (8)=
(1) Month
(2) (3) Construction Liability Rate (7) (6*7)
Input
Period (4) Period (5)
(6)=(4)+(5)
Key /Professional/
Staff
[Home]
1
[Field]
2

3
n

Sub-Total 1
Support Staff
1
2

n
Sub-Total 2
Total

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Note:
- This table shall be filled for the same professional and support staffs listed in
Table:-Staffing Schedule.
- Professional Staff should be indicated individually; Support Staff should be
indicated per category (e.g.: draftsmen, clerical staff).
- Positions of Professional Staff shall coincide with the ones indicated in the Table
- Team Composition and Task Assignments
- Indicate, separately for home and field work, the total expected input of staff for
carrying out the group of activities or phase indicated in the Form.
- For each staff indicate the fee in Ethiopian Birr, separately for home and field
work as appropriate. [Remuneration = Staff-month Rate x Input.]

(d) Breakdown of Reimbursable Expenses for the Construction Period

Unit Cost in
No. Description Unit Quantity
Cost ETB
Per diem allowances Day
Accommodation for the Engineers Staff (Key
Man-
Staffs) until the Permanent Facility is 35
Month
Established by the Contractor
Accommodation for the Engineers Staff
Man-
(Support and Junior Staffs) until the Permanent 32
Month
Facility is Established by the Contractor
Surveying Equipment for the Engineer’s Staff
until the Permanent Facility is Provided by the Month 6
Contractor
Additional Surveying equipment for the
LS
Engineer’s staffs
Office rent, Clerical assistance LS
Local transportation costs including rental
LS
vehicles
Communication costs between and
International flights Trip
Miscellaneous travel expenses Trip
Drafting, reproduction of report
Equipment, instruments, materials, supplies, etc.
Shipment of personal effects Trip
Use of computers, software
Laboratory tests
Subcontracts
Training of the Public Body’s personnel

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Unit Cost in
No. Description Unit Quantity
Cost ETB
Total Costs:
- Delete items that are not applicable or add other items;
- Indicate unit cost and currency.
- The Consultant shall indicate and cover cost of accommodation for its staffs and
surveying equipments for the first six months of the contract period until the
Contractor established the permanent Engineer’s facilities. If the Contractor fails to
provide the permanent housing and surveying equipment to Engineer’s staff within
the time frame, the Employer will deduct from any monies due to Contractor and
pay to the Engineer as per the consultant’s rate quoted for provision of these
facilities by Increasing the quantity equal to the quantity of permanent Engineers’
facilities until such time the Contractor provides the permanent housing and
surveying equipment.
- Increasing or decreasing the given accommodation quantity indicated above for
Accommodation and Survey Equipment is not allowed; if the Consultant’s
financial offer indicates any inconsistencies, it will be corrected in line with the
quantity indicated hereinabove.
- Indicate unit cost and currency.
- Indicate the total cost in ETB of each reimbursable item in the relevant column.
Cost = Unit Cost x Quantity.
- Indicate route of each flight, and if the trip is one- or two-ways.
- Only if the training is a major component of the assignment, defined as such in the
TOR.
- Bidders can consider extra facilities/supply on the items which are already
mentioned to be provided to the Engineer by the works contract. In such cases, the
Consultant should clearly mention importance of the additional requirements;
otherwise; it will be deducted during the financial evaluation.
-
Name: _____________ [insert complete name of person signing the Bid Proposal]
In the capacity of: _____________ [insert legal capacity of person signing the Bid Proposal].
Signed; ___________ [insert signature of person whose name and capacity are shown above]

Duly authorized to sign the Bid Proposal for and on behalf of __________________ [insert
complete name of consultant] .
Dated on_____ [insert date] day of_____ [insert month]], 20___ [insert year of signing]

Attachments:
Documents required in the BDS as proof of the Consultant's financial standing;

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Section 1. Eligible Countries

A. Eligible Countries

Procurement Reference Number: S/24/NCB/RFP/GOE/2014EFY

Goods supplied and Consultancy Services provided under the Contract may originate from
any country except if:

(a). As a matter of law or official regulation, the Government of the Federal Democratic
Republic of Ethiopia prohibits commercial relations with that country, provided that
the Government of the Federal Democratic Republic of Ethiopia is satisfied that such
exclusion does not preclude effective competition for the provision of goods or related
services required; 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, the Government of the Federal
Democratic Republic of Ethiopia prohibits any import of Goods from that country or
any payments to persons or entities in that country.

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Part 2 Employer’s Requirement

Section 2. Terms of Reference

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DESCRIPTION OF THE SERVICES

1. BACKGROUND INFORMATION

The Government of the Federal Democratic Republic of Ethiopia has allocated budget
towards the cost of Consultancy Services for Construction Supervision of Hosaina - Jajura
- Gimbichu - Jacho Road Project and intends to apply part of the proceeds to eligible
payments for the Contract.

Hosaina – Jajura – Gimbichuu - Jacho road project is located in SNNP regional state of
Hadiya Zone. The proposed road project starts at Hosaena town about 227km away from
Addis Ababa and traverses approximately for 50km connecting three Woredas and ends at
Jacho.

The beginning of the project is located at Hosaina town diverting 200m to the right from
Butajira – Hosaina – Areka road project at a coordinate E373257.53 N833896.51 at locally
named place “Lema International Hotel”. The project ends at a coordinate E335662.02
N815410.20 on Mazoria –Durami- Durgi road project.

The project has existing gravel all weather road constructed by the regional government. It
traverses in flat, rolling, mountainous and Escarpment terrains and the whole stretch of the
road is accessible.

The existing roadway width is 7m in rural sections, nearly1 0 to 12m in kebele sections and
15m-18m in Woreda sections and town sections.

The project begins in Hosaina town around Lema International Hotel and traverses in three
woredas connecting different kebles and town administrations. The elevation of the project
ranges from 2315m asl at Hosaina town to 1742.5m at the end of the project.

The geometry of the existing road from St.0+000 to St.31+200 (Gimbichu) has relatively
smooth curves and gentle gradient except on some locations with sharp curves at end of
Hosaina town, Jajura Town and at some intermediate locations near to structure approaches.
However, from St.31+200 (Gimbichuu) to end of the project there are a number of winding
and sharp curves with steep gradients which need the improvement of the same to the design
standard that the road is going to be upgraded or classified.

The whole stretch of the road is accessible. The major items of work included in the contract
are, but not limited to:

 Provision and maintenance of site laboratory and accommodation, office, transport,

and equipment as per the contract;
 Site clearance and setting out;
 Earthworks;
 Construction of culverts;
 Construction of drainage facilities such as ditches, outfalls, linings for drains and
outfalls and scour check;
 Construction of retaining wall structures;
 Construction of sub-grade, sub-base and base course layers;

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 Construction of Asphalt Concrete (AC) Wearing Course on carriageway;

 Construction of shoulders shall be of Double Bituminous Surface Treatment (DBST)
surfacing for expansive soil sections and Asphalt Concrete (AC) surfacing for Kebele
and wereda seats, mountainous and escarpment sections.
 Provision and erection of road furniture;
 Accommodation of traffic throughout the construction period;
 Ancillary operations to complete the execution of the Works; and

Taking care of the Works prior to the issue of a Taking-Over Certificate and rectification of
defects during the Defects Liability Period. The Contractor shall also maintain the site in a
clear and orderly manner, and clear up all debris and reinstate the site, as closely as possible
to the original condition, to the Engineer’s approval.

Time of completion of the project is 36 Months, including 120 calendar days of

mobilization period, plus 730 calendar days of Defect Liability Period
This Term of Reference is therefore for the Consultancy Services for the Construction
Supervision of the above-named project.

2. OBJECTIVES OF THE SERVICES

The objective of the consulting service is to conscientiously fulfil to the highest professional
standards the role of the Engineer/Engineer’s Representative, as defined under the Works
Contract and to supervise construction of the works (on behalf of the Client) throughout the
entire construction period, including the defects liability (maintenance) period.

The Consultant is required:

i. Review the completeness and adequacy of all survey and engineering design works
performed by the Design Consultant and give approval and/or suggestions for
improvement as per the terms of the Contract between the parties.

ii. To ensure that the road is constructed in accordance with the Technical
Specifications, Engineering Drawings or any amendments thereto and meet the
standard quality of the end product;

iii. To optimize the use of available material resources to minimize costs to the Client,
to maximize the quality of the Works, to expedite construction and to optimize
the use of natural resources and ensure environmentally as well as socially
sustainable construction; and

iv. To ensure that the road is constructed within the Contract Price and Time for
Completion allowed under the Contract or any agreed amendments thereto.

3. SCOPE OF THE SERVICES

The service shall be carried out in accordance with generally accepted standards of
professional practice, follow recognized engineering procedures. The Consultant’s scope of
work is understood to cover all activities necessary to accomplish the stated objectives of

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these services, while adhering to best practices of the professional, whether or not a specific
activity is cited in this Term of Reference.

The Consultant shall render the service with due diligence and efficiency in fully
supervising the construction of the works which are to be executed in accordance with sound
technical administration, financial and economic practices. The Consultant shall perform all
duties associated with such tasks to ensure that only the best practice is followed and that the
final product is in all aspects equal to that specified, at the most economic costs and is
executed in full compliance with the specification.

The services consist of carrying out reviewing of the previous design document and
supervising the construction of all works to be undertaken under the work Contract.

A Coordination and Consultation

The Consultant shall perform the following duties with respect to coordination
and consultation with regional and local authorities, utility companies and other
key stakeholders and legal entities that may affect the progress and cost of the
Works:
i. Consult with the Local Authorities during implementation of
environmental mitigation measures.
ii. Ensure that there is a recorded process of consultation between the
Contractor and local representatives regarding the following issues where
appropriate:
a. use of local labour
b. use and reinstatement of borrow materials
c. use of water resources
d. opening of temporary traffic diversions and access roads
e. dust nuisance
f. site of local importance such as burial sites of sites of religious
importance or antiquity that may be affected by the works
g. cutting of trees and vegetation
h. removal of crops
i. public safety in construction areas
j. site accommodation and security
k. any other local issues affected by the construction works
iii. Make a survey of existing utility services and liaise closely with
authorities concerned on the proposed relocation of such services. The
Consultant shall put up detailed plans and proposals for the relocation of
these services if affected by the proposed work. All official dealings with
any service agencies shall be done through the Employer.
iv. Liaise with ERA and the Regional Administration to ensure that
assessment of Compensation in respect of crops and buildings within the
Right of way is carried out before the Contractor is given possession of
site
v. Ensure that there is a recorded process of consultation between the
Contractor and authorities concerned on any proposed relocation or
installation of services. All official dealings with any service agencies
shall be done through the Employer.

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B Technical

B.1 Administration

The Consultant shall perform the following duties with respect to the
administrative tasks required:
i. Issue the Contractor with all the necessary copies of the Works Contract
Documents, including Contract Agreement, Conditions of Contract,
Specifications, Drawings, and priced Bill of Quantities, and provide timely
supplementary information necessary for the execution of the Works.
ii. During the Contractor’s mobilization period, the Consultant shall carefully
and comprehensively review and satisfy himself of the sufficiency of the
engineering drawings, plans, technical specifications, design calculations,
pertinent reports prepared at design stage - in particular the materials report
and sources of materials identified. The Consultant as an outcome of his
review shall propose to the Employer any amendments deemed necessary
for the Consultant to verify the soundness and sufficiency of the detailed
engineering design, contract documents, and accuracy of the bill of
quantities. After approval by the Employer the Consultant shall make, any
necessary amendment to the design and documents. In addition to this the
Consultant shall continue review of the design, in relation to site
conditions, during the whole construction period and propose necessary
changes to the employer and shall make necessary amendments.
Any variation and related time extension if there is any resulted from the
design review activity shall be specifically forwarded for the employer
consent and shall be issued to the Contractor in line with the design review
documentations.
iii. Prepare any design changes as necessary or advisable to suit field
conditions including improvement of alignments during construction or
which could result in reduction of construction costs without sacrificing
strength or quality of the work, i.e. carrying out Value Engineering works.
In particular supervision of any ground investigation at bridge sites carried
out by the Contractor reviews and modifies as necessary design of
structures. Prepare Engineer’s Instructions (EI) and Variation Orders (VO)
as recommended or necessary complete with the associated measurement
and payment instructions. Issue such EI’s and VO’s to the Contractor in
writing - whilst advising the Employer of such EI’s and VO’s and of the
associated implications. (The Particular Conditions of Contract may
require the Employer’s approval prior to issue of some instructions or
variations).
iv. Verify the validity of all insurance/guarantees/performance bonds and
proof of payment of premiums which the Contractor is obliged to have in
place.
v. Delegate appropriate duties to members of the supervision team by
preparing a Construction supervision manual.

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vi. Review the Contractor’s proposed work programme and associated work
method statements, resource analysis and requirements in relation to the
required rate of progress, and approve or reject the proposals accordingly.
Identify any changes or additional resources required. Make sure that the
program submitted for the execution of the works shall, in addition to the
program for pure construction activities, are in due consideration of Traffic
Management Plan, Health and Safety Plan, , the social aspects, appropriate
health and safety management plan/measures, environmental protection
and mitigation plan and also include Plan for the implementation of an
HIV/AIDS alleviation programme.

The Engineer shall give his comment within 14 days of receipt of the
Contractor’s work program. Following preparation of revised programme
by the Contractor, the Engineer and the Contractor shall make a
presentation of the assumption and the details analysis of the corrected
work program to the Employer. The same shall be consented by Employer/
Engineer within 2 months of Commencement of the Works.

If, the Consultant delays to give its consent on the draft original as well
as the revised programme submitted by the Contractor within 14 days
time the Employer will deduct withhold 50% of the Consultant’s
monthly payment certificate amount. The amount thus withheld will
be eligible for reimbursement for the month following the month of
compliance of the provision which is to be approved by the Employer.

vii. Continuously monitor the Contractor’s progress against programme and his
method of working in respect of each construction activity and prepare a
resource analysis against production needs. Advise the Contractor when
additional resources or revised methods of working or revised programme
of the works are deemed to be required. and
viii. Review the Contractor’s proposed working drawing/plans and associated
calculations. Approve or reject the proposals accordingly and identify any
changes required.
ix. Thoroughly review and analyze all the Contractor’s applications for
extensions of time or claims for additional payment and furnish the
Employer with the Engineer’s detailed analysis of such applications and
recommendations and, subject to the Employer’s approval (where
necessary), advise the Contractor accordingly.

The Engineer shall respond on the Contractor’s applications for extensions

of time or claims for additional payment with the associated time if there is
any within 42 days time after submission detailed particular on the claim
by the Contractor. If, the Consultant delays to give its within 42 days
time the Employer will deduct and withhold 50% of the Consultant’s
monthly payment certificate amount. The amount thus withheld will
be eligible for reimbursement for the month following the month of
compliance of the provision which is to be approved by the Employer.

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x. Prepare any necessary design changes and amendments and issue Variation
Orders subject to the authority given to the Engineer, or approvals from the
Employer.
xi. Give Engineer’s Instruction for the Contractor with consultation of the
Employer for cumulative increase in quantities which result in an
increment of the original project cost by more than 5%.
xii. In the event of adjudication or arbitration, provide the necessary personnel
and expertise to advise and assist the Employer in any such process and
prepare any further analysis of the Contractors claims submissions as may
be necessary to assist the Employer in the presentation of his case. (Note:
The cost of any additional inputs required shall be approved by the Client)
xiii. Maintain a Daily Site Diary (Format proposed in ERA Quality Manual,
Volume 6A)
xiv. Maintain records of all correspondence, minutes of meetings, test results,
submissions of product and material specifications, copies of original
construction contract documents including all addenda, administrative
orders, confirmation of verbal instructions, additional drawings issued
subsequent to the execution of the construction contract, as well as the
Consultant’s contract documents, progress reports, and other related
documents.
xv. Maintain records of the Contractor’s equipment on Site including date of
arrival or removal from Site, date of manufacture, previous hours worked
and condition, the date commissioned to commence work, its availability,
and utilization.
xvi. Maintain a photographic record of monthly progress at set locations and
also of any construction activity of technical or contractual interest. Each
photograph to be captioned with reference number, time, date, precise
location, subject, and points of particular note. All photographs shall be
digital being 5 - 8 megapixels and shall be stored on diskette, together with
copies of the captions.
xvii. The Consultant shall establish a database for the important project records.
The database should include but not limited to; records of challenges and
solutions, records of right of way, reports, claim related data,
correspondences, payment certificate, inspection, testing, surveying works,
design and working drawings and other communications and other related
data.
xviii. Allow inspection by the Employer on request of all site correspondence
and records, etc.
xix. Provide on-the-job training to not more than 2 graduate civil engineers at a
time (furnished by the Employer) in the various aspects of construction
supervision and application of the Works Contract.
xx. Prior to commencement of works and at substantial completion, conduct 2
days 24 hour and 5 days 12 hours traffic counts at 2 count stations agreed
with ERA. The standard formats for traffic counts are given in ERA
Quality Manual Volume 2A, Planning. The results and analysis shall be
presented in the Final Report.

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xxi. Submit reports indicated under Clause/Item No. 1o of this Terms of

Reference and other special report (to fully acquaint the Client with all
aspects likely to affect the Technical and Financial implementation of the
project), final reports and records, and other hard outputs regarding
construction progress and the status of the Works Contract and the
consulting services contract in accordance with Section10 herein.
B.2 Quality Control

The Consultant shall perform the following duties with regard to the quality of
the Works:
i. Ensure that the Contractor completes the Works in accordance with the
Specifications and Drawings. To this end, the Engineer shall, routinely or
as requested by the Contractor, inspect the Works both under construction
and completed, for compliance with the Specifications and the agreed
method of working, as a basis for payment.
ii. Identify all the survey ground control stations (beacons and bench marks),
which have been established during design stage; verify the accuracy of the
survey stations and instruct and coordinate with the Contractor to re-
establish (as per section VI Special provision to the standard technical
specification of the bidding document) of any damaged or missing stations
to enable the Contractor to set out and construct the Works.
iii. Examine the results of the soils and materials investigations to
advise/instruct the Contractor where to minimize overhaul and optimize the
use of available resources. Instruct further soils investigations where
necessary.
iv. Inspect and approve the Contractor’s setting out of the Works.
v. Inspect/test and approve the Contractor’s preparation for the Works.
vi. Inspect/test and approve all materials used in the Works.
vii. Where necessary, order removal and replacement of Works with materials
or workmanship that fails to comply with the Specifications or Drawings.
viii. Formally arrange joint inspections with the Contractor, in the presence of
the Employer, of completed sections of the Works for acceptance and/or
identification of defects, both at substantial completion and upon the expiry
of the defects liability period and issue Taking-over Certificates and Defect
Liability Certificate.
ix. Prepare a Site Quality Assurance Manual that standardises site
administration and quality control procedures with the aim of ensuring the
specifications are met by the Contractor, all necessary records are
maintained and accessible, and that measurement and payment are carried
out in a correct and accountable manner. The manual should include:
a. standard administrative forms (ERA Quality Manual Volume 6,
Construction Management, may be used for this purpose)
b. standard forms for quality control (sampling and testing)
c. list of all required tests, sampling methods, test frequencies, test
methods and procedures (e.g. AASHTO test number), limits, and
name/number of standard form for test analysis and results
d. standard forms for measurement and payment procedures
e. site staffing organisational charts for Contractor and Consultant

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f. limits of authority for Engineer, Dispute Resolution Engineer,

Engineer’s Representative with respect to:
- orders which have financial implications
- approving variations in quantities
- approving subletting of any part of the Works
- approving extensions of time
g. duties and delegation of duties for key supervision staff
The Quality Assurance Manual shall be a working document issued for
use by the Contractor’s and the Consultant’s staff.
B.3 Health and Safety

The Consultant shall perform the following duties with regard to the safety of the
public and the health and safety of workers:

i. Ensure that the Contractor follows international and specified safe

working practices in all operations and immediately draw attention to any
instances where these are not followed, directing the Contractor to carry
out all such actions or works necessary for the safety of personnel, works
and adjacent property.
ii. Report and keep records of all accidents on site.
iii. Ensure that the minimum impediment is caused to the flow of traffic and
that safe and acceptable diversions are provided and maintained at all
times.
iv. Monitor and ensure that the Contractor follows Environmental
Management Plan (EMP) with regard to Health and Safety issues.
v. Ensure that both the Consultant and the Contractor have site personnel
qualified in First Aid, and that suitable First Aid facilities are available.
vi. Review and familiarize themselves with the ERA's HIV/AIDSs policy
and strategy, and follow up and report in the monthly reports on how the
Contractor is implementing the alleviation program for Site staff and
labor in respect of Sexually Transmitted Diseases (STD) including
HIV/AIDS. In consultation with ERA's responsible environmental office,
advise the Contractors of new developments and additional needs in
respect of the STDs and HIV-AIDS as and when they occur.

B.4 Environmental and Social

The Consultant shall perform the following duties with respect to environmental
and social issues:

i. Review and become familiar with the Environmental Impact Assessment,

the Resettlement Action Plan, and Environmental Procedures Manual of
ERA as well as Government of Ethiopia's policies and regulations on
environmental aspects. Consult with ERA's Environmental office and the
Ethiopian Environment Protection Authority (EPA) at an early stage.

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ii. Prepare and agree with the Contractor an Environmental Management

Plan (EMP) in the format given in ERA Quality Manual Volume 5
Environmental and Social Management. The purpose of EMP is to set out
the mitigation, monitoring and institutional measures to be taken during
implementation and operation to eliminate adverse environmental and
social impacts. The EMP should set out all the Contractor’s and
Consultant’s obligations with regard to environmental and social issues.
It should also ensure that the recommendations of the EIA have been
taken into account.
iii. Monitor the implementation of the EMP and any resettlement, and report
on the Contractor’s implementation as per the agreed plan. Monitoring
may be carried out in collaboration with ERA environmental officers.

B.5: Enforcing the Right of Way Removal Process:

The Consultant is required to act as an Agent to the Employer in liaising and

enforcing the removal of Properties as well as utilities that are found within the
Right of Way limit and by preparing a livelihood restoration scheme (subject to
the prior approval of the Employer) by undertaking the following tasks but not
Limited to:-
i. Ensure that the compensation rates, amounts & quantities that are
determine by the rate establishing Committee are fair, correct and as per
the relevant applicable laws and regulations,
ii. Translate data from ROW documents into the land management software
database which will be developed by the Employer in the future;
iii. By liaising with the relevant Utility providers, Woreda and Zonal
administration offices, resolve the complaints that are raised by the
community,
iv. Provide training and awareness creation sessions to all the relevant
stakeholders, Woreda Officials, utility providers, Compensation
Estimation Committee members, to the Community and other relevant
organs,
v. Ensure the establishment and the well-functioning of the relevant
Complaint Redress Mechanisms for the relocated persons in cases where
they have Reservation on the Compensation due and/ or the overall
compensation process.
vi. Prepare Right of Way removal master, yearly, quarter and monthly plans
and accomplishment reports. Besides, the Consultant is required to
revise and update the Plans so as to cater the encountered slippages in the
Program of the Work. Furthermore, the Right of Way report is supposed
to highlight the encountered Problems, the way forward and other issues
that require the Employers immediate attention & response.
vii. Prepare monthly, quarterly and yearly Right of Way budget forecasts for
budgetary purposes. The forecasted Right of Way budget shall as soon as
Possible be detailed and proxy to the disbursement in order to avoid a
budget deficit.

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viii. Request the Utility organs and the Woreda Administration to remove the
Properties and utilities that are found within the Right of Way limit.
ix. Closely follow-up and Coordinate the removal of properties and Utility
Lines that are found within the Right of Way prism.
x. Measure, count and wittiness the properties that are found within the
Right way limit.
xi. Verify the right of way compensation which is estimated by the
Compensation Estimation Committee and forward the same to ERA so as
to Process and effect the Payment.
xii. Hand over the project site which is free of obstructions to the Contractor
for the subsequent Construction Operations.
xiii. Support the Compensation Estimation and the Grievance Redress
Committees as well as the Zonal and the Woreda Administrations in
undertaking their assignments in relation to the overall right of way
relocation activities.
xiv. Facilitate Transportation to the Compensation Estimation Committee
from the vehicles that are assigned to the Engineer so as to assist them in
undertaking their assignment swiftly.
xv. Ensure that the property removal and the relocation processes have the
lowest possible impact and devise livelihood restoration mechanisms in
consultation with Woreda & Zone Administration.
xvi. Prepare the necessary formats, guidelines and manuals that are relevant
for the Right of Way Removal.
xvii. Devise a mechanism to improve or at a minimum restoring, the
livelihoods and standards of living of displaced (physically or
economically) persons to pre-project levels subject to the methods to be
approved by the Employer.
xviii. Livelihood restoration activities must be implemented with disclosure of
information, consultation, and the informed participation of the Affected
People.
xix. Devise a mechanism which will improve the standards of living of the
displaced poor and other vulnerable groups
xx. Monitor and assess livelihood restoration outcomes, their impacts on the
standards of living of displaced persons, and whether the objectives of
the livelihood restoration plan have been achieved by taking into account
the baseline conditions and the results of livelihood restoration
monitoring, and disclose monitoring reports
xxi. Meaningfully consult Project Affected People including vulnerable
groups, and give opportunities to participate in planning and
implementing resettlement activities
xxii. Assist Project Affected People in their efforts to improve their
livelihoods and standards of living or at least to restore them to pre-
project levels or to levels prevailing prior to the beginning of project
implementation. This includes assistance to the affected people with an

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independent livelihood restoration activity including economic activities

that the affected people initiated without project support to restore their
livelihood and feasible alternatives that could provide sustainable
livelihood options for the affected people.
xxiii. Devise a focus group consultation discussion to reach on the mechanism
on how to treat the livelihood restoration. In this regard, the Consultant is
supposed to treat severely affected peoples and significantly affected
people separately for separate treatment.
xxiv. Promote the role of the project to the community specifically and the
country at large thereby creates and devises a mechanism to create a
sense of ownership by the community.
xxv. Engage the Affected people and local government in order to discuss the
details of re-allocation.
xxvi. Prepare a detailed Stakeholders Engagement Plan.

C Measurement and Payment

C.1 Works Payments

The Consultant shall perform the following duties with respect to payments made
to the Contractor:
i. Measure the Works and keep measurement records, keep records for
measurement based on the total quantity to date, and calculate the interim
quantity as the difference between the total quantity to date and the
quantity at the previous measurement.
ii. Verify the accuracy of the Contractor’s measurement and the sufficiency
of supporting documentation.
iii. Verify the Contractor’s payment applications and issue interim payment
certificates for processing by the Employer within 7 days of receiving
such statement from the Contractor. Issue the interim payment certificate
on the basis of the interim amount being the difference between the total
amount to date and the amount certified at the previous measurement.
iv. Monitor the payment process and alert the Employer when payment
delays accrue to a point when; (a) interest charges will become due and
(b) the Employer will be in Default for late payment.
v. Report the updated projected contract cost on a quarterly basis, giving
reasons for any significant changes. On the quarterly update, the
Consultant shall specifically inform the Employer increase of quantity
which may result 25% or more percentage increment on the original
quantity with its cost implication.
vi. Advise the Employer on whether liquidated damages may be due from
the Contractor.

C.2 Consultant Invoices

The Consultant shall submit his invoices in the format prescribed by ERA.

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D Finalisation of Contract
The Consultant shall perform the following duties with respect to the finalisation
of the Works Contract:
i. Undertake completion inspections with the Employer and issue a list of
remaining works to the Contractor
ii. Certify substantial completion of the Works in accordance with the
Contract
iii. Assist the Employer with any unresolved claims or issues
iv. Undertake inspections during and at the end of the defects liability period
v. Certify final completion of the Works in accordance with the Contract
vi. Prepare and issue the final payment certificate
vii. Review, accept and submit as-built drawings within two months of
completion of the Works detailing all alignment and level information,
position and sizes of drainage structures, services information, and
structural drawings (including type and positions of reinforcement)
viii. Ensure that all materials, tools, plant, equipment, facilities, etc., which
have to be handed over to the Client after completion of the works are
properly Dismantled, packed, stored and maintained until the official
handing over to the Client. Furthermore, the Consultant shall arrange for
the handing over of these items to take place as provided in the works
contract
E Gender Mainstreaming and Sensitization
The Consultant shall refer Annex A of this Terms of Reference.
F Quality Assurance by the Consultant’s Head Office
Management & Technical Staff
In order to ensure that value for money, fitness for purpose, and completion of the
project on budget & on time with required quality, the Employer requires that
“regular site visits and overall project quality assurance inspection shall be
conducted by the Consultant’s head office management staff together with
relevant head-office technical staff, in the presence of the relevant supervisory
staff that have been working on the project, and a report shall be submitted to the
Employer to fully acquaint the Employer with the qualities of the work and all
aspects likely to affect the implementation of the project”. By “relevant head-
office technical staff”, it is preferable that the Consultant deploys a Quality
Assurance Expert(s) and/or professionals relevant to the works to be inspected.
The Consultant shall notify the Employer the actual date of mobilization of the
team and period of stay on the project site.
Accordingly, the Consultant shall, undertake intermediate and final quality
assurance inspection, at semi-annual (six-months) intervals and at completion
of the project, respectively, on the progress of the project, both the consultancy
service assignment and the construction work contracts, with emphasis on
checking the quality and compliance of the works; and it shall prepare and submit
quality assurance report with regard to the compliance of the work executed with
the Employer’s Requirement and/or the specifications provided under the

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respective contract; or identify gaps and non-conformance of the quality of the

works to the requirements.
The Team should visit the site and investigate/identify the level of compliance of
the project works with the respective contract requirements, identify gaps and
non-conformance issues, identify causes of quality failures on the finished works,
etc, and propose appropriate remedial measures; which should be presented to the
Employer as Intermediate Project Quality Assurance Report or Final Project
Quality Assurance Report, as appropriate.
The Project Quality Assurance reports shall address the following issues but not
limited to;
 Checking the design consistency, the typical cross sections considered for
different situations and other documents and verify the sufficiency and
accuracy of the horizontal and vertical alignment proposed is pursuant to
Employer’s Requirement and ERA manuals,
 Checking the sufficiency of the cut and side slope ratios, slope stability and
land slide mitigation measures, undercuts in expansive soil stretches and the
fill heights on embankment sections,
 Checking the quality of the surfacing with respect to durability, stability, skid
resistance, deformation, serviceability and riding quality (supported with test
results.)
 Checking the adequacy of drainage provisions with respect to adequacy of
major and minor structures and roadside drainages to entertain runoff
expected during intensive rainy season, proper channelization at outlets, and
construction of relief culverts at flat terrains or otherwise requested by the
Employer, as per the appropriate project Employer’s requirement for the
specific project,
 Checking the quality of concrete and masonry works of major and minor
structures including precast elements,
 Checking the borrow pits, quarries and materials of pavement construction
(sub base, base course, chips) comply with the specification (supported with
test results),
 Checking the test results are recorded after confirmed/signed by the
respective professionals such as lab technicians, Material Engineer, Assistant
Resident Engineer and Resident Engineer,
 Checking whether the site condition and thickness of each of the pavement
layers comply with the approved pavement design and quality of materials
(supported with test results),
 Checking slope instability and ground water susceptible areas and the
adequacy of remedial measures taken.
As to the inspection of the performance of the environment protection, safe
working practices and social safeguard in the construction of road project,
the Consultant’s team shall check the compliance of the project’s Consultant and
Contractor performance with the Employer’s Requirement under the respective
contracts and any related Environment, social and safety regulations of the
country and/or project financing institution (if applicable); investigate/identify the
cause of the gaps and non-conformance (if any) and propose appropriate remedial

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measures. In relation to these, the Project Quality Assurance reports shall address
the findings in relation to the following, but not limited to:
 Checking that all the deliverables required by the works and service contracts
have been delivered in the respectively prescribed time frame, reviewed and
approved (i.e. Site Environmental Management and Monitoring plan, Health and
Safety Plan, Traffic Management Plan, HIV/AIDS program implementation plan,
Plan for Explosive storage and Blasting Operation methodology, Quarterly
Environmental Compliance monitoring reports, Temporary Erosion and
Sediment Control plan, Archeological Survey and Monitoring Plan etc.) and
implemented following these documents.
 Whether the Contractor has avoided excessive damages to the environment and
the nearby settlement for production sites, borrow sites, quarry sites and disposal
areas and checking all quarry sites, borrow pits, and areas used for the disposal or
storage of surplus materials and asphalt plants are reinstated by landscaping
including the replacement and spreading of top soil as directed by and to the
satisfaction of the Engineer/Employer’s Representative or not,
 What temporary and permanent erosion control measures has been taken to
prevent soil erosion that will adversely affect the adjacent properties, and
contamination of adjacent water sources are taken care of to ensure economical,
effective and continuous erosion control throughout the construction period of
the works,
 Check avoidance of dust nuisance during the performance of the work required
by standard operation practice and/or the project specification or any operations
appurtenant thereto, whether within the right of way provided by the Employer or
elsewhere by developing the necessary labor, materials, equipment and means
required to carry out proper and efficient measure, wherever and as often as
necessary to reduce the dust nuisance, and to prevent dust which has originated
from his operations causing a nuisance to person,
 Check the Contractor’s corrective measures which has been taken on the
execution of blasting, rock crushing or any other on site operations to reduce the
high intensity noise,
 Implementation of occupational safety programs for all workers and for any
person entitled to be on the sites, so as to prevent any accidental risks and
injuries due to the project work sites,
 Check traffic management of the project; especially provision of good quality
access to the public through or around the works at least equal to the access that
had been provided by the existing road,
 Check the establishment of health clinic at the camp and first aid stations at all of
the work sites and medicines are provided as per the prescribed standards,
 Checking services related to HIV/STD prevention which are given by the
Contractor are according to the Contract.
In addition to the above stated issues, during implementation of the contract,
the Employer may specify other additional aspects particular to the project,
to be considered in the quality assurance/inspection activity.
Therefore, the Consultant shall prepare comprehensive quality assurance reports
on the overall performance of the project by incorporating the above listed issues
(but not limited to) and propose necessary amendments, rectifications, measures

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and recommendations to be issued to the Contractor, for the Employer’s consent;

and, after the Employer’s consent on such points is obtained, the Consultant shall
issue the same to the Contractor with a copy to the Employer within two (2)
weeks time after receipt of the Employer’s comments/approval on the draft
version of the report.
All the necessary laboratory tests required for the task shall be carried out at an
external laboratory or central laboratory of the Consultant or the laboratory
facilities available at the project site provided to the Consultant through the
works contract (whichever is appropriate), in the presence of material engineer
and technicians assigned for the quality assurance work and corresponding
supervisory staff of the project.
The personnel who participated in the task shall sign ERA Code of Ethics and
Professional Conduct as per the format annexed to the Terms of Reference; and
the signed codes shall be part of the Intermediate Project Quality Assurance
Report.
The Consultant shall estimate and include in its financial proposal the necessary
costs of the auditing task as a Head Office Support Cost.

4. DELIVERABLES

The details of the various reports and documents to be submitted and the numbers of copies
required for the project are given in number 10: Reporting Requirements of the TOR.

5. MINIMUM EXPERIENCE REQUIRED

The Consultant shall provide competent personnel for the services, who shall be managed by
the Resident Engineer and who will represent the Consultant in performing the services.
All the Consultant’s personnel shall be good in the full use (i.e. the writing, reading and
speaking) of the contract language, which is English. In addition, all the key staff described
herein, shall be fully computer literate regarding word processing and spread sheets, with
not less than one member of staff fully computer literate in the use of: data bases; total
station surveying: -
5.1. Workload Limitation of Professionals

The workload and/or the maximum number of projects that a particular professional
can involve/work at a time on ERA projects are limited as follows.

Table 5.1: Work-Load Limit of professionals

Number of Allowed Projects a Professional can
I. No. Key Staffs Involve at a Time as Key Professional on ERA
Projects
20. Resident Engineer 1
21.
Deputy Resident Engineer 1
22. Team Leader 2 Supervision and 1 Design

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Number of Allowed Projects a Professional can

I. No. Key Staffs Involve at a Time as Key Professional on ERA
Projects
Or
4 Supervision
Or
2 Design
1 Design & 1 Supervision
23.
Pavement/Material Engineer Or
3 Design
4 Supervision
Or
24.
Structural Engineer 4 Design
Or
a combination of Design and Supervision
1 Supervision
25.
Quantity Surveyor Or
5 Design
3 Supervision and 1 Design
Or
26.
Highway Engineer 4 Supervision
Or
1 Supervision and 2 Design
1 Supervision
27.
Senior Surveyor Or
3 Design
5 Supervision
Or
28. Contract Engineer /
5 Design
Claims Expert
Or
a combination of Design and Supervision
5 Supervision
Or
29.
Geotechnical Engineer 5 Design
Or
a combination of Design and Supervision
5 Supervision
Or
30.
Hydrologist/Hydraulic Engineer 5 Design
Or
a combination of Design and Supervision
5 Supervision
Or
31.
Environmentalist 5 Design
Or
a combination of Design and Supervision
5 Supervision
Road Safety and Safety Audit Or
32.
Specialist / Traffic Engineer / 5 Design
Transport Economist Or
a combination of Design and Supervision
33.
Sociologist 3 Design

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Number of Allowed Projects a Professional can

I. No. Key Staffs Involve at a Time as Key Professional on ERA
Projects
34.
CADD Engineer 3 Design
35.
ROW Mgt. Specialist 1 Supervision
36.
Geologist 5 Design
37.
Gender Specialist 1 Supervision
1 Supervision
38. Junior Engineer and Engineer
Or
Positions
3 Designs

5.2. Man-Month Input Requirements of Key Professional Experts,

Technicians / Support Staffs and Junior Assistant Professional Staffs

The proposed team and the estimated duration of inputs are shown in the table below.
The Consultant may propose additional staff for the completion of the project.

Table 5.2: Man-Month Input Requirements of the Consultants

Estimated Total
Estimated Man-
Man-Months Man
1.Key Personnel Months for the
for the Defects Month
Construction
Liability
Period
Period
1.1 Resident Engineer 36 2 38
1.2 Deputy Resident Engineer 30 - 30
1.3 Pavement/Material Engineer 22 1 23
1.4 Structural Engineer 12 - 12
1.5 Geotechnical Engineer 11 - 11
1.6 Highway Engineer 12 - 12
1.7 Quantity Surveyor 36 1 37
1.8 Senior Surveyor 36 1 37
1.9 Claims Expert 11 1 12
1.10 Environmentalist 11 1 12
1.11 Hydrologist/Hydraulic Engineer 12 1 13
1.12 Road Safety and Safety Audits Specialist 11 1 12
1.13 Right of Way Management Specialists 36 1 37
1.14 Gender Specialist 36 - 36
Total Man Month for Key Staffs 312 10 322
2. Junior Staffs
2.1 Highway Engineer 36 - 36

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Estimated Total
Estimated Man-
Man-Months Man
1.Key Personnel Months for the
for the Defects Month
Construction
Liability
Period
Period
2.2 Material and Geotechnical Engineer 36 - 36
2.3 Structural Engineer 36 - 36
2.4 Quantity Surveyor 36 - 36
2.5 Claims Expert 36 - 36
2.6 Environmentalist 36 - 36
2.7 Hydrologist/ Hydraulic Engineer 36 - 36
Total Man Month for Junior Staffs 252 - 252
4. Technicians, Draftsperson and Secretary
(Support staff)
4.1 Soil laboratory Technicians (2) [2*32] =64 - 64
4.2 Material Inspectors 32 - 32
4.3 Structural Inspector 32 - 32
4.4 Draftsperson 32 - 32
4.5 Inspector of Works (2) [2*32] =64 - 64
4.6 Secretary 36 - 36
4.7 Surveyor (2) [2*32] =64 64
4.8 Chain Man (2) [2*32] =64 - 64
4.9 Two Laboratory assistance [2*32] =64 - 64
Total Man Month for Technicians, Draftsperson and
452 - 452
Secretary

All billable staffs employed for the provision of the service are required to reside
permanently on site except additional staffs proposed by the firm. Therefore, bidders are
not allowed to propose “Home” input for the staff posts requested by the TOR.
At the commencement of project, all team members shall confirm that they have read
and understood the ERA Code of Professional Conduct and Ethics, and that they will
strictly follow the articles of this Code in the performance of the services for this
project. The Code of Professional Conduct and Ethics, and the form by which the team
members confirm their reading and understanding of the code are attached as ANNEX-
B of the Terms of Reference.

5.3. Qualification Requirements of Key Professional Experts:

The following Tabular Matrix shows the qualification requirements which includes the
“General Qualification” (i.e. Education and Overall Experience) and “Adequacy for
the Assignment” requirements of the staff, in line with Section III of the RFP
Document. It also shows the Scoring Scales of the qualification requirements.

Table 5.3: Key Experts’ Qualifications and Competence for the Assignment

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Qualification and Competence for the Assignment (60 % Technical

Weight
Evaluation)
30% of Total
Points Allotted for
I. General Qualifications (General Education, Training, and Experience)
the Respective
Positions
Criteria Range Rating Weight Remarks
70% of General
(1) Education Qualifications
Resident Engineer, Deputy
Resident Engineer and Claims
Expert: M. Sc. and above Excellent
a. B. Sc. Degree Good
Degree in Civil Engineering
or Construction Technology Below the B. Sc. Disqualified
and Management or Related
Fields
Pavement / Material Engineer
and Senior Geotechnical
Engineer: M.Sc. and above Excellent
b. B. Sc. Degree Good
Degree in Civil Engineering,
Geology, Geotechnical Below the B. Sc. Disqualified
Engineering or Related
Fields
Highway Engineer, Structural
Engineer and Road Safety and M. Sc. and above Excellent
Safety Audit Specialist:
c. B. Sc. Degree Good
Degree in Civil Engineering Below the B. Sc. Disqualified
or Related Fields to the
Positions
Environmentalist: M. Sc. and above Excellent
d. Degree in Civil Engineering, B. Sc. Degree Good
Environmental Science or Below the B. Sc. Disqualified
Related Fields
Education for Hydraulic M. Sc. and above Excellent
Engineer/Hydrologist:
e. B. Sc. Degree Good
Degree in Civil Engineering, Below the B. Sc. Disqualified
Hydraulics or Related Fields
Quantity Surveyor:
M.Sc. and Above Excellent
Diploma in Civil B. Sc. Very Good
f. Engineering, Construction Diploma Good
Technology and
Management or Related Below Diploma Disqualified
Fields

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Senior Surveyor: B. Sc. and above Excellent

g. Diploma in Civil Diploma Good
Engineering, Surveying or Below Diploma Disqualified
Related Fields
Right of Way Management M. A. /M. Sc. and
Specialist: above
Excellent
B. Sc. / B. A.
h. Degree in Sociology, Land Good
Degree
Administration or Related Below the B.
Disqualified
Fields Sc. / B. A.
M. A. /M. Sc. and
Gender Specialist: above
Excellent
Degree in Gender Studies, B. Sc. / B. A.
i. Good
Sociology, Social Work, Law Degree
Below the B.
Disqualified
or Related Fields
Sc. / B. A.
30% of General
(2) Overall Experience Range Rating Qualifications
Remarks

Resident Engineer:
≥ 10 Excellent
Number of Years of ≥ 8 ~ < 10 Very Good
a. Experience in Road/Railway ≥5~<8 Good
Construction and/or Design <5 Poor
Projects

Deputy Resident Engineer,

Highway Engineer, Claims
Expert and Road Safety and ≥8 Excellent
Safety Audit Specialist ≥6~<8 Very Good
b.
Number of Years of ≥4~<6 Good
Experience in Road/Railway <4 Poor
Construction and/or Design
Projects

Pavement/Material Engineer,
Senior Structural Engineer,
Senior Geotechnical Engineer
and Hydraulic Engineer: ≥8 Excellent
≥6~<8 Very Good
c. Number of Years of ≥4~<6 Good
Experience in <4 Poor
Road/Railway/Dam/Bridge
Construction and/or Design
Projects

Environmentalist: ≥6 Excellent
Number of Years of ≥5~<6 Very Good
d.
Professional Experience in ≥3~<5 Good
Environmental Works <3 Poor

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e Senior Surveyor:

For B.Sc.: ≥6 Excellent

Number of Years of Relevant ≥5~<6 Very Good
Experience in Road/Railway ≥3~<5 Good
Projects <3 Poor

For Diploma: ≥8 Excellent

Number of Years of Relevant ≥6~<8 Very Good
Experience in Road/Railway ≥4~<6 Good
Projects <4 Poor

f. Quantity Surveyor:

For B.Sc.: ≥6 Excellent

≥5~<6 Very Good
Number of Years of Relevant ≥3~<5 Good
Experience in Road Projects <3 Poor

For Diploma: ≥8 Excellent

≥6~<8 Very Good
Number of Years of Relevant ≥4~<6 Good
Experience in Road Projects <4 Poor

Right of Way Management

Specialist for B. A in Sociology ≥5 Excellent
or Related Fields: ≥4~<5 Very Good
Number Years of Experience ≥2~<4 Good
in Sociological Works or <2 Poor
Related Activities

g. Right of Way Management

Specialist for B. A/B. Sc. in
Land Administration: ≥3 Excellent
Number Years of Experience ≥2~<3 Very Good
in Sociological Works or ≥1~<2 Good
Related Activities for B. <1 Poor
Sc. / B. A. in Land
Administration

For Gender Specialist: ≥6 Excellent

Number of Years of ≥5~<6 Very Good
h.
Relevant Experience in ≥3~<5 Good
Social Works <3 Poor

70% of Total
Points Allotted for
II. Adequacy for the Assignment
the Respective
Positions

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a) Resident Engineer
Years of Experience as Project ≥4 Excellent 70% of the
Manager or Resident Engineer in Very Good Adequacy for the
≥3~<4
Managing Road Construction Good Assignment
≥2~<3 Poor
Projects <2
OR
OR
≥6 Excellent
Years of Experience as Deputy ≥5~<6 Very Good
Resident Engineer or Construction ≥3~<5 Good
Engineer in Managing or <3 Poor
Administering of Road Construction
Projects
OR
OR
≥8
Years of experience as Pavement / ≥6~<8 Excellent
Material Engineer or Project ≥4~<6 Very Good
Engineer or Project Coordinator <4 Good
in Managing or Administering
Poor
Road Projects
Years of Experience as Project ≥3 Excellent 30% of the
Manager or Resident Engineer in Very Good Adequacy for the
≥2~<3
Construction of Double / Triple Good Assignment
Bituminous Surface Treatment or ≥1~<2 Poor
Asphalt Concrete Road Projects <1
OR
Years of Experience as Deputy OR
Resident Engineer or Construction
Engineer in Managing or ≥4 Excellent
Administering of Road Construction ≥3~<4 Very Good
of Double / Triple Bituminous ≥2~<3 Good
Surface Treatment or Asphalt <2 Poor
Concrete Road Projects
OR OR
Years of Experience as Pavement /
Material Engineer or Project
Engineer or Project Coordinator in ≥5 Excellent
Managing or Administering of ≥4~<5 Very Good
Double / Triple Bituminous ≥2~<4 Good
Surface Treatment or Asphalt <2 Poor
Concrete Road Projects
b) Deputy Resident Engineer
Years of Experience as Project ≥3 Excellent 70% of the
Manager or Resident Engineer in Very Good Adequacy for the
≥2~<3
Road Construction Projects Good Assignment
≥1~<2 Poor
<1
OR
Years of Experience as Deputy OR

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Resident Engineer or Construction ≥4

Engineer in Managing or Excellent
≥3~<4
Administering of Road Very Good
≥2~<3 Good
Construction Projects <2 Poor
OR OR
Years of Experience as Pavement /
Material Engineer or Project ≥5 Excellent
Engineer or Project Coordinator in ≥4~<5 Very Good
Managing or Administering Road ≥2~<4 Good
Projects <2 Poor
OR
Years of Experience as a Quantity OR
Surveyor/ Highway Engineer/ Excellent
≥6
Office Engineer or Works Inspector Very Good
in Managing or Administering of ≥5~<6
Good
Road Construction Projects ≥3~<5 Poor
<3
Years of Experience as Project ≥2 Excellent 30% of the
Manager or Resident Engineer in Very Good Adequacy for the
≥ 1.5 ~ < 2
Construction of Double / Triple Good Assignment
Bituminous Surface Treatment or ≥ 0.5 ~ < 1.5 Poor
Asphalt Concrete Road Projects < 0.5

OR OR
Years of Experience as Deputy
Resident Engineer or Construction ≥3
Excellent
Engineer in Managing or ≥2~<3 Very Good
Administering of Road construction, ≥1~<2 Good
Upgrading or Rehabilitation of <1 Poor
Double / Triple Bituminous
Surface Treatment or Asphalt
Concrete Road Projects
OR OR
Years of Experience as Pavement /
Material Engineer or Project
≥4 Excellent
Engineer or Project Coordinator in
Very Good
Managing or Administering of ≥3~<4
Good
Double / Triple Bituminous ≥2~<3 Poor
Surface Treatment or Asphalt <2
Concrete Road Projects
OR OR
Years of Experience as a Quantity
Surveyor/ Highway Engineer/
Excellent
Office Engineer or Works Inspector ≥5 Very Good
in Managing or Administering of ≥4~<5 Good
Double / Triple Bituminous ≥2~<4 Poor
Surface Treatment or Asphalt <2
Concrete Road Projects

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c) Senior Pavement/ Materials

Engineer
Years of Experience on Road ≥6 Excellent 60% of the
Design/Construction Projects as a ≥5~<6 Very Good Adequacy for the
Pavement Materials Engineer ≥3~<5 Good Assignment
<3 Poor
OR
OR
Years of Experience on Road ≥8 Excellent
Design/ Construction Projects as a ≥7~<8 Very Good
Junior Material Engineer/ Material ≥5~<7 Good
Inspector / Laboratory Technician <5 Poor
Years of Experience as a ≥3 Excellent 40% of the
Pavement/Materials Engineer Very Good Adequacy for the
≥2~<3
Related to the Scope of the Good Assignment
Assignment (Asphalt Concrete) ≥1~<2 Poor
OR <1

Years of Experience as a Junior OR

Pavement/Materials Engineer/
Material Inspector/ Laboratory ≥5 Excellent
Technician Related to the Scope of Very Good
the Assignment (Asphalt Concrete) ≥4~<5 Good
≥2~<4 Poor
<2
d) Senior Highway Engineer
Years of Experience as a Highway ≥6 Excellent
Engineer in Road Design / ≥5~<6 Very Good
Construction Projects ≥3~<5 Good
<3 Poor

OR OR 100% of the
Mark Allocated
for Adequacy of
Years of Experience as a Junior ≥8 Excellent the Assignment
Highway Engineer or CADD ≥7~<8 Very Good
Engineer or Office Engineer in ≥5~<7 Good
Road Design / Construction <5 Poor
Projects
e) Senior Structural Engineer
Years of Experience as a Structural ≥6 Excellent 100% of the
Engineer in Road/ Bridge/ Railway/ ≥5~<6 Very Good Mark Allocated
Dam Design / Construction Projects ≥3~<5 Good for Adequacy of
<3 Poor the Assignment

OR OR
Years of Experience as a Junior
Structural Engineer or Structural
Inspector/ Office Engineer in Road/ ≥8 Excellent
Bridge/ Railway/ Dam Design / ≥7~<8 Very Good

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Construction Projects (Provided ≥5~<7 Good

that the SI & OE Demonstrates in <5 Poor
Full Design of 2 Bridges)

f) Senior Geotechnical Engineer

Years of Experience as Geotechnical ≥6 Excellent
Engineer in Road/Bridge/ ≥5~<6 Very Good
Railway/Bridge/ Dam Design or ≥3~<5 Good
Construction Projects <3 Poor Only for
100% of the Requirement
OR OR Mark Allocated Purpose; Key
for Adequacy of Staff not
Years of Experience as a Junior Subject to
Geotechnical Engineer in ≥8 Excellent the Assignment
Evaluation
Road/Railway/Bridge/Dam Design ≥7~<8 Very Good
or Construction Projects ≥5~<7 Good
<5 Poor
g) Senior Hydrologist/ Hydraulic
Engineer
Years of experience as Hydraulic ≥6 Excellent
Engineer/ Hydrologist in ≥5~<6 Very Good
Road/Bridge/Dam/ Railway ≥3~<5 Good
Construction or Design Projects <3 Poor Only for
100% of the Requirement
OR OR Mark Allocated Purpose; Key
for Adequacy of Staff not
the Assignment Subject to
Years of Experience as a Junior ≥8 Excellent Evaluation
Hydraulic Engineer/ Hydrologist in ≥7~<8 Very Good
Road/ Bridge/Dam/ Railway ≥5~<7 Good
Construction or Design Projects <5 Poor
g) Senior Quantity Surveyor
For B.Sc.: ≥4 Excellent
Years of Experience as a Quantity ≥3~<4 Very Good
Surveyor or CAD Engineer or ≥2~<3 Good
Office Engineer on Road Projects <2 Poor
(the OE and CAD Engineer Shall
Demonstrate in the Testimonial its 100% of the
Involvement in Quantification of Mark Allocated
Road Projects) OR for Adequacy of
OR the Assignment
Years of Experience as a Drafts ≥6 Excellent
Person/ Junior Quantity Surveyor ≥5~<6 Very Good
in Road Projects ≥3~<5 Good
Poor
<3
For Diploma: ≥6 Excellent 100% of the
≥5~<6 Very Good Mark Allocated
Years of Experience as a Quantity for Adequacy of
≥3~<5 Good
Surveyor on Road Projects the Assignment
<3 Poor
h) Senior Surveyor

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For B.Sc.: ≥4 Excellent

≥3~<4 Very Good
Years of Experience as a Senior ≥2~<3 Good
Surveyor in Road/ Railway <2 Poor 100% of the
Projects Mark Allocated
OR
for Adequacy of
OR the Assignment
≥6 Excellent
Years of Experience as a Junior ≥5~<6 Very Good
Surveyor in Road/ Railway ≥3~<5 Good
Projects <3 Poor

For Diploma: ≥6 Excellent 100% of the

≥5~<6 Very Good Mark Allocated
Years of Experience as a Senior
≥3~<5 Good for Adequacy of
Surveyor in Road/ Railway
<3 Poor the Assignment
Projects
i) Road Safety and Safety Audit
Engineer/ Specialist
Years of Experience as Road ≥6 Excellent
Safety Audit Specialist on Road Very Good
≥5~<6
Design and/or Construction Good
Projects ≥3~<5 Poor
<3 Only for
100% of the Requirement
OR Mark Allocated Purpose; Key
OR for Adequacy of Staff not
the Assignment Subject to
Years of Experience as a Highway ≥8 Excellent Evaluation
Engineer on Road Design and/or Very Good
≥6~<8
Construction Projects. Good
≥4~<6 Poor
<4
j) Senior Claims Expert
Years of Experience as a Claims ≥6 Excellent 60% of the
Expert on Road Construction or Very Good Adequacy for
≥5~<6
Rehabilitation Projects Good the Assignment
Representing Any of the Parties ≥3~<5 Poor
<3
OR
≥8
Years of Experience as a Junior Excellent
Claims Expert on Road ≥7~<8 Very Good
Construction or Rehabilitation ≥5~<7 Good
Projects Representing Any of the <5 Poor
Parties
OR

Years of Experience as a Project ≥8 Excellent

Engineer/Office Engineer (Client’s ≥7~<8 Very Good
or Contractor’s Side) in Contract ≥5~<7 Good
Administration <5 Poor

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AND
Experience in Direct involvement ≥ 5 Projects Excellent 40% of the
in Handling of Claims and/or 4 Projects Very Good Adequacy for
Disputes on Road Construction or 2 ~ 3 Projects Good the Assignment
Rehabilitation Projects ≤ 1 Project Poor
Representing Any of the Parties

k) Senior Environmentalist
Years of Experience as an ≥4 Excellent
Environmentalist in Planning and/or Very Good
≥3~<4
Monitoring and Evaluation of Social Good
Impact Assessment and/or Analysis ≥2~<3
of Environmental and Social Impact <2 Poor Only for
Assessments. 100% of the Requirement
OR OR Mark Allocated Purpose; Key
for Adequacy of Staff not
Years of Experience as a Junior Subject to
Environmentalist in Planning and/or ≥6 Excellent the Assignment
Evaluation
Monitoring and Evaluation of Social ≥5~<6 Very Good
Impact Assessment and/or Analysis ≥3~<5 Good
of Environmental and Social Impact <3 Poor
Assessments.
l) Right of Way Management
Specialist
For B. A. in Sociology and Related
Fields
Years of Experience in Extensive
Involvement in Right of Way Related
≥4 Excellent
Tasks or Social Impact Assessments,
≥3~<4 Very Good
Monitoring and Evaluation or
≥2~<3 Good
Preparation of Social Impact
<2 Poor Only for
Mitigation Plans or Experience in
Livelihood Restoration Activities. 100% of the Requirement
Mark Allocated Purpose; Key
OR
OR for Adequacy of Staff not
For B. Sc. / B. A. in Land Subject to
Administration the Assignment
≥2 Excellent Evaluation
Years of Experience in Extensive Very Good
≥ 1.5 ~ < 2
Involvement in right of Way related Good
≥ 0.5 ~ < 1.5
tasks or Social Impact Assessments, Poor
< 0.5
Monitoring and Evaluation or
Preparation of Social Impact
Mitigation Plans or Experience in
Livelihood Restoration Activities.
AND
Commendable Experience in use of
Basic Computer Applications
Pass/Fail
including but not limited to,
Microsoft Excel, Access and Word.

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m) Gender Specialist
Years of Experience in Gender ≥4 Excellent
Programming/ Gender Needs ≥3~<4 Very Good Only for
Assessment/ Gender Analysis, ≥2~<3 Good 100% of the Requirement
Development of Sensitization/ <2 Poor Mark Allocated Purpose; Key
Training Materials/ Programs and for Adequacy of Staff not
Development and Execution of the Assignment Subject to
Gender Sensitization Interventions/ Evaluation
Social Work Activities

5.4. Qualification Requirements for Junior Assistant Staffs:

The Consultant shall provide competent Junior Assistant Staffs for the services, who
shall be managed by the Resident Engineer and assisted by respective key personnel for
the proposed position so as to ensure transfer of knowledge and succession. The total
man month input required by the junior staff will be equivalent to the intermediate staff
input of their respective position.

The proposed junior assistant staff shall have minimum experience as shown in the
table below.
Table 5.4: Junior Assistant Staffs Qualifications and Competence for the
Assignment
Min. Qualification
I. No. Junior Position
Requirement
Junior Highway Engineer

1. Degree in Civil Engineering or Related Fields B. Sc.

Experience in Road Construction and/or Design Projects 0 Years

Junior Materials and Geotechnical Engineer
2. Degree in Civil Engineering or Related Fields B. Sc.
Experience in Road Construction and/or Design Projects 0 Years
Junior Structural Engineer
3. Degree in Civil Engineering or Related Fields B. Sc.
Experience in Road Construction and/or Design Projects 0 Years
Junior Quantity Surveyor
Degree in Civil Engineering, Construction Technology and Management or
4. B. Sc.
Related Fields
Experience in Road Construction and/or Design Projects 0 Years
5. Junior Claims Expert
Degree in Civil Engineering, Construction Technology and Management or B. Sc.
Related Fields

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Min. Qualification
I. No. Junior Position
Requirement
Experience in Road Construction and/or Design Projects 0 Years
Junior Environmentalist
6. Degree in Civil Engineering or Environmental Science or Related Fields B. Sc.
Experience in Road Construction and/or Design Projects 0 Years
Junior Hydrologist/ Hydraulic Engineer
7. Degree in Civil Engineering or Related Fields B. Sc.
Experience in Road Construction and/or Design Projects 0 Years

5.5. Qualification Requirements of Technicians/Support Staffs:

The Consultant shall provide Support Staffs and Technicians the services, who shall be
responsible to the tasks assigned to their respective positions and shall work in
collaboration with the Resident Engineer, the Junior & Assistant Staffs and the Senior
Key Professionals of their respective positions.

Table 5.5: Support Staffs/Technicians Qualifications and Competence for the

Assignment

ID. Qualification and Competence of Support Staffs (Not Subject for Evaluation During Tendering)

A. Education Requirements for Support Staffs: Remarks

Acceptable with Min.
B. Sc. and above
Required experience
Soil Laboratory Technicians:
Acceptable with Min.
A Diploma
Degree/Diploma/Certificate in Civil Required experience
Engineering or Related Fields
Acceptable with Min.
Certificate
Required experience
Acceptable with Min.
B. Sc. and above
Required experience
Material Inspector:
Acceptable with Min.
B Diploma
Degree/Diploma/Certificate in Civil Required experience
Engineering or Related Fields
Acceptable with Min.
Certificate
Required experience
Acceptable with Min.
B. Sc. and above
Required experience
Structure Inspector:
Acceptable with Min.
C Diploma
Degree/Diploma/Certificate in Civil Required experience
Engineering or Related Fields
Acceptable with Min.
Certificate
Required experience

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ID. Qualification and Competence of Support Staffs (Not Subject for Evaluation During Tendering)
Acceptable with Min.
B. Sc. and above
Required experience
Draftsperson:
Acceptable with Min.
D Diploma
Degree/Diploma/Certificate in Civil Required experience
Engineering or Related Fields
Acceptable with Min.
Certificate
Required experience
Acceptable with Min.
B. Sc. and above
Required experience
Inspector of Works:
Acceptable with Min.
E Diploma
Degree/Diploma/Certificate in Civil Required experience
Engineering or Related Fields
Acceptable with Min.
Certificate
Required experience
Secretary: Acceptable with Min.
B. Sc./B.A. and above
Required experience
F B. Sc. / B. A. / Diploma in Secretarial
Science and Office Management or Acceptable with Min.
Diploma
Related Fields Required experience

Surveyor: Acceptable with Min.

B. Sc./B.A. and above
Required experience
g. B. Sc. / Diploma in Civil Engineering,
Surveying or Related Fields Acceptable with Min.
Diploma
Required experience

B. Overall Experience for Technicians and Support Staffs:

Zero (0) Year Experience for Required
Soil laboratory Technicians: B. Sc. and above

a. Min. Three (3) Years’ Required

Years of Experience on Highway Experience for Diploma
Projects in Fields of Assignment
Min. Five (5) Years’
Required
Experience for Certificate
Material Inspector:
Zero (0) Year Experience for Required
Years of Experience on Highway B. Sc. and above
Projects Particular Inspection of Quality
Min. Three (3) Years’ Required
b. of Construction of Materials such as,
Experience for Diploma
Soils (Sub-grade Borrow), Sand, Cement,
Aggregate, Re-bar, Water for
Min. Five (5) Years’ Required
Construction etc. and a Relevant
Experience for Certificate
Experience in Road Project.
c. Structural Inspector: Zero (0) Year Experience for Required
B. Sc. and above
Years of Experience on Highway
Min. Three (3) Years’ Required
Projects in Particular Inspection of
Experience for Diploma
Construction of Bridge and Related
Facilities and all other Major Drainage Min. Five (5) Years’ Required

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ID. Qualification and Competence of Support Staffs (Not Subject for Evaluation During Tendering)

Structures. Experience for Certificate

Zero (0) Year Experience for Required
Draftsperson: B. Sc. and above
d. Years of Experience on Highway Min. Three (3) Years’ Required
Projects and Familiar in the use of Experience for Diploma
CADD. Min. Five (5) Years’ Required
Experience for Certificate
Inspector of Works:
Years of Experience on Highway Zero (0) Year Experience for
Required
Projects in Particular Inspection of Road B. Sc. and above
Works for Compliance with the
Standards and Specifications of the
e. Contract. The Inspection among others Min. Three (3) Years’
Required
includes Construction of Sub-grades, Experience for Diploma
Capping Layers and Filter Drains;
Minor Drainage Works; Ancillary
Min. Five (5) Years’
Works; Temporary Works; and other Required
Experience for Certificate
Pavement Layers and Wearing Course.
- Good Experience in use of
Computer in Word
f. Secretary Processing and Spread Sheet Required
- Good Knowledge of English
Language
Surveyor Zero (0) Year Experience for
B. Sc. and above Required
Years of Experience on Highway/ Railway
g.
Projects in Fields of Assignment or Min. Three (3) Years’
Particular Experience in the GPS and Total Experience for Diploma Required
Station

Notes to the Qualification Requirements of All Inputs of the Consultancy Services:

 The Consultant shall pre-schedule and deploy its intermittent key staff to the Project Site to
carry out the necessary tasks of reviewing the relevant documents, check and assure the
quality of the site works, assist the site management and coordinate & give the necessary
tasks to the respective/concerned staffs related to the works of his duties & responsibilities.
The intermittent Staffs should present a Quarterly Report to the Client addressing all, but
not limited to the tasks indicated above and in the Terms of Reference, and the payment for
the intermittent staffs should be on Quarterly Basis following the deliverables.
 Furthermore, the Consultant shall, if deemed necessary, deploy these intermittent key staff
to the Project site without the schedule communicated to the Client based on the project
requirement. The Client already indicated an estimated Man-Month Input for these tasks to
be carried out by Key Intermittent Staffs, including Design Review, Project Visits and
Others whenever the situation calls for it, i.e. the project requires the mobilization of the key
staff necessary.

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a. Percentage (%) Weights of the Rating Scales for Key Experts’

qualifications and competence for the Assignment:

Excellent 100% Very Good 90%

Good 70% Poor 40%
b. Experiences of Road Construction shall also include New Road
Construction, Rehabilitation, Upgrading, Overlay and Maintenance Projects.

c. Experience on URRAP projects will be considered by 60% for the

adequacy requirement of the related position.

d. Project Experience record with a period less than Two (2) Months
for a Design and Six (6) Months for a Construction Project will not be considered
for evaluation for the Adequacy for the Assignment Requirement.

e. As indicated in the Section 3 of the RFP Document, experience of key

staff positions of local experts in conducting research in road design and/or
construction projects will be merited 1 point. The point will only be merited for those
who do not score the full points of their respective marks and shall not exceed the
allotted point of the respective positions. The research shall be published and/or
demonstrated with documentary evidences and this does not include students’ paper
as part of the study program.

f. Educational Testimonies for Certificate, Diploma, B. Sc., M. Sc. or

PhD will be merited in accordance with the specific award indicted / mentioned in the
Diplomas.

g. In the spirit of encouraging successive key staff development and

capacity building, the Client have arranged the following alternatives for key position
recruitment:

i. In all Adequacy for the Assignment (Specific Experience) requirements of Key

Staffs, previous all experiences obtained as an Assistant/Junior Engineer
related to the respective key staff position will be partially considered as
indicated in the tables above, for the assignment in the respective proposed
position.
o In addition, previous experiences obtained as support
/ key staffs related to only the respective key staff positions indicated above,
for example, Quantity Surveyor, Highway Engineer, Works Inspector and
Office Engineer, as appropriate, will be partially considered for Deputy
Resident Engineer. Likewise, experiences obtained as a support/ key staffs
related to the required Key Staff Position would be partially/fully, as
appropriate, would have been obtained working as key personnel in the
respective position, for adequacy for the assignment in the respective
proposed position, provided that the proposed personal attained the minimum
educational qualification for the position.
o In additional, the Client has devised a mechanism in
which the experience of professionals who have been working on Client’s or
Contractor’s side to be considered for the required Consultancy Service
Position shown in the table above.

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o Furthermore, Key Staff Positions or

Support/Assistant Positions are to be considered for Key Staff Positions
related to Design/Quantifying/Claim Administration, provided that firms can
demonstrate that the proposed staff has adequate experience in tasks related
to the proposed position, details of which is indicated above on the Adequacy
requirement for the position.
o Junior Staffs who have participated in a single
project can be employed as a Junior Staff or Support Staff till he/she meets the
minimum requirement for Key Staff Position.
o Finally, for Key staff positions requiring B.Sc. / B.A.
as a minimum educational qualification, the Client would consider previous
experience as follows: -
 Experience gained after attaining Diploma
would be considered as 60% and
 Experience gained after attaining
Certificate would be considered as 40%.
h. Only Key Personnel having the minimum educational qualification set
shall be considered for evaluation; key personnel with educational qualification below
the minimum required will be rejected and merited zero (0) points. If the firm is found
successful upon the overall evaluation, the rejected professional position shall be
replaced by fulfilling personnel with minimum total score of 60%, prior to concluding
the contract signing.

i. Personnel who scored below 60%, of the allotted points for their
respective criteria, will be replaced by a better-qualified one, prior to concluding the
Contract signing. However, during replacement, personnel who scores less than 100%
but greater than 90% of what the originally proposed personnel for the proposed
position has achieved shall be subjected to deduction of 10% of the respective fees
(Fee and Reimbursable) quoted by the firm; and those who score below 90% of the
originally proposed personnel shall not be accepted for replacement.

j. The induction of any staff including the intermittent ones shall be

subject to the Client prior approval.

k. CVs of the support staff, junior staffs and the remaining keys staff
not subject to evaluation during tendering shall be submitted when and as required
during the implementation period of the project.

l. Bidders are strongly advised not to propose professionals that have

been suspended from ERA’s on-going and upcoming projects. If bidders propose a
suspended professional, the CV will be rejected and will be merited zero point out of
the allocated points for that professional. Please refer ERA’s website
(www.era.gov.et/PerformanceRating/DesignAccountability Staff.aspx) for the list of
professionals.

5.5. Task Assignments and Responsibilities of Staffs

The Project Team leader shall have the following, task assignment and responsibility
during rendering of the service but not limited to the following:
Table 5.5: Task Assignments and Responsibilities of Staffs

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Position &
Area of Major Tasks
Expertise
1. Senior Key Experts
 Liaise with and assist the Client (ERA) and regional officials as
required.
 Assisting ERA in reviewing Contractor’s Performances Bound,
retention bond & Bank Guarantee for advance payment and other
guarantees if any.
 Ensure the fulfillment of the obligations and duties of the Engineers
Representative as described under the works contract agreement
 Participate in the design review process and prepare proposals for the
Client’s approval
 Prepare modifications/amendments or design changes assisted by
other staff.
 Issue the Contractor with all copies of contract documents and design
reports.
 Planning and scheduling project activities
 Prepare or review Quality Assurance Manual
 Organize documentation and filing system on the project site
 Supervise site supervisory staff
 Review, check, comment and approve Contractor’s work schedule.
Method statement, equipment and manpower
 Monitoring the progress of all activities of the project including
budget and time
Resident
 Review and certify payment certificates
Engineer
 Assess variation and prepares variation orders
 Technical assistance in every activity
 Report on the Contractor’s financial and time extension claims,
 Team coordination, organizing, assigning duties and checking the
performances of the team
 Check if reports, drawings and photographs are recorded
 Inspect facilities of the supplier’s and Contractor’s personnel as
required by the contract
 Responsible in arranging regular meetings between the Contractor’s,
Client, Consultant, Suppliers and other stakeholders;
 Enforce works to comply with works contract
 Prepare all the reports
 Monitor environmental mitigation measures and follow up the
implementation of alleviation programmer for STD including
HIV/AIDS
 In coordination with the site supervisory staff, provide on Job-
Training to Employers personnel
 Inspect the road and prepare defect lists and arrange joint inspection
among parties for provisional acceptance
 Issue substantial and final completion certificate to the Contractor
 Inspect the road during defect liability period and arrange fine joint
inspection among parties and prepare defect lists.

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Position &
Area of Major Tasks
Expertise
 Assists the RE for the tasks assigned to him and be delegated for RE
during his absence from the project site,
 Acting within the delegated authority given by the resident engineer,
 Management of the site staff in his control,
 Liaison with service providers to ensure that the construction works
does not affect supplies.
 Provision of assistance to ERA during construction to ensure the
assessment of compensation for property owners is dealt with
correctly.
 Maintenance up-to-date records of labor and plant used by the
Contractor.
Deputy Resident  Maintain records, working, drawings, as –built drawing, test data,
Engineer derails of variations etc., assisted with the other respective staffs
 Ensuring that the Contractor uses safe working practices.
 Reviewing the design of the scheme and communicate through the
RE to ERA on the need to issue instruction to amend the design
 Taking of regular digital photographs.
 Arranging traffic counts
 Will direct all activities of staff engaged on the checking, inspection
and testing of all construction materials and laboratory technicians,
He will also co-operate with the inspection as necessary for the use of
surveyors to locate borrow pits and quarries.
 In respect of the laboratories he will oversee the conducting of sample
preparation and testing. His formal responsibility will be the
evolution of the test results and on the basis thereof approve the
application of material or the rejection of the same.
 Assist the Resident Engineer in approving or rejecting construction
material to be used by the Contractor
 Review pavement design and prepare design change
 Control setting up Contractor’s field laboratory establishment, test
procedures, crushing activities, concrete mix designs etc
 Undertake construction material investigation.
 Assist the Resident Engineer in the preparation of the standard
Pavement/ supervision forms, quality assurance plan
Materials  Material investigation and testing
Engineer
 Assist the Resident Engineer in the preparation of reports
 Traffic Analysis
 Review the pavement design in the pre-construction stage
 Perform pavement design and material type changes if necessary
 Periodically review test results and recommend types of test to be
conducted on the construction materials
 Assist the Resident Engineer during defect liability period
 Inspect the quality of works accomplished periodically
 Others as required
Geotechnical  Review the detailed engineering design regarding the land slide and

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Position &
Area of Major Tasks
Expertise
Engineer Structures foundation
 Undertakes Ground Investigations including drilling for structural
foundations
 Undertakes test, analysis the test results and recommends the
foundation type to be used in consultation with the structural
Engineer,
 Others as required
 Review, comment and approve all structural design and calculation
for drainage structures
 Undertake structural design if required to be revised additionally
recommended
 Assist the RE/DeRE in reviewing structural or bridges construction
program submitted by the Contractor.
 Review and comment on the working drawings & As – Built drawing
Structural of the structures submitted by the Contractor.
Engineer
 Training ERA staff regarding supervision of structures.
 Regularly and as required inspect structural layout and structural
construction activities
 Inspectors to set inspection procedures for the structures
 Outline checklists of all-important items to be checked by the
inspectors to set inspection procedures for the structures
 Check and prepare quantities of structures
 If required, make design changes of structures
 Others as required
Highway  Responsible for the design review regarding the design standard and
Engineer geometric design of the road
 Plan, coordinate and supervise activities of design changes
 Undertake design changes as required.
 Checks the control stations and their accuracies
 Checks that the control stations and other references indicated on the
drawing clearly represents the actual
Quantity  Checking and Confirming Whether Contractor’s working drawings if
Surveyor according to drawing including templates
 Calculate quantities of earth work, structures, pavement etc.
 Review and confirm himself and RE the contract quantities and
measurements.
 Monitor measurement process and BOQ’s of works
 Record the measurement and quantities
 Check the Contractor’s payment certificate
 Reporting findings to the Resident Engineer
 Others as required
Senior  Leads all Surveying activities of the staff
Surveyor  Identify all survey ground control stations (beacons and benchmarks)
which have been established by the Design Consultant
 Verify the accuracy of survey stations

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Position &
Area of Major Tasks
Expertise
 Establish the damaged, altered or missing survey control station;
 Perform all surveying activities
 Check Contractors survey results of setting ours, lines, levels and
cross sections and conduct joint construction surveying as required
 Check other survey results and accept or reject and recommend
improvements
 Record daily survey progress & data
 Check setting outs
 Others as required

Claim Expert  Review the contract documents including technical specification

during the Contractor’s mobilization period.
 Verify inconsistencies among the contract documents or deficiencies
and recommend any amendments necessary, if any
 Advise the Resident Engineer to take actions timely to cases for
potentials claims to protect the Clients from financial or time
extension claims.
 Assist the Client in negotiations with Contractor on the rates for any
unscheduled items of work that may arise
 Analysis the financial and time extension claims of the Contractor
and report his recommendations to the RE:
 Assist the Client in any process of adjudication or arbitration and
farther analysis of Contractor’s claim
Environmentalist  Verify the Contractor’s environmental protection plan recommend
additional mitigation measures as required
 Monitor the implementation of Environmental and social impacts
mitigation measures.
 Liaise with the local Authorities for consultation to minimize the
negative impacts.
Hydrologist  Review of hydraulic design prepared by the Designer
 Verify sufficiency of hydraulic structures
 Assists the supervisory staffs for any activities (except activities that
go beyond the scope of the RFP, Service) related to hydrology.
Road Safety and  Prepare a plan and activity schedule for the road safety assessments
Safety Audit and inspections
Specialist  Prepare checklists for road safety assessment, inspections and
recording of deficiencies identified
Review of Pre-construction phase Road Safety Audit Carried out as part
of the project design:
 Assess the project from the completed design plans and Review the
Geometric design of the road for Road Safety Aspects;
 Review previously recorded road safety deficiencies;
 Review the Road Safety Measures incorporated and proposed in the
design of the road. This shall be carried out upon review and further

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Position &
Area of Major Tasks
Expertise
investigation of the latest road safety statistics, with particular
attention at the national and regional level (as appropriate), and by
showing in category fatalities and serious injuries due to road traffic
incidents.
 Identify and review the locations of all the schools along the length of
the designed road, and sections of higher pedestrian concentration
along the road, both for crossing points, and where pedestrians walk
along the road. Review the safety measures incorporated for such
points and other accident black spot areas.
 Prepare a special report for “review of road safety audit” of the design
of the road with necessary improvements of the safety measures, for
consideration in further optimization and changes in geometric
design. Record road safety deficiencies and recommend remedial
measures in harmony with other revisions/changes made on the
design.
Carryout Evaluation of Road Safety During Construction Phase:
 Both During the Road Works& At completion of Construction
(Pre-opening for Traffic):
- Assess the project from the construction Plans (latest design plans),
for potential road safety risks; i.e. the assessment must go beyond
assessing the conformance to standards.
- Assess the project by inspecting the site, both during day and night
conditions
- Observe the site during peak and off-peak operating conditions;
- Conduct safety inspections under adverse weather conditions such as
fog, rain, snow, etc. (as appropriate), if the opportunity arises
- The assessment must be conducted along all approaches from the
perspective of all the relevant different road users
- Record all road safety deficiencies that are identified, completing the
agreed checklist.
- Make review/analysis of crash/accident history based on available
information.
- Prepare a special road safety audit report; which will also form part
of the relevant progress report of the Consultant.
Carryout Evaluation of Road Safety for the Post- Construction Phase:
- Gather and review all information/material for the road safety audit
- Assess the road and road related areas, for potential road safety
risks; i.e. the assessment must go beyond assessing the conformance
to standards.
- Assess the project by inspecting the site, both during daylight and
night lighting conditions
- Observe the site during peak and off-peak operating conditions;
- Conduct safety inspections under adverse weather conditions such as
fog, rain, snow, etc. (as appropriate), if the opportunity arises

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Position &
Area of Major Tasks
Expertise
- The assessment must be conducted along all approaches from the
perspective of all the relevant different road users
- Record all road safety deficiencies that are identified, completing the
agreed checklist.
- Make review/analysis of crash/accident history based on available
information.
- Prepare a special road safety audit report; which will also form part of
the relevant progress report of the Consultant.
Right of Way Please refer the tasks under Section 6: Terms of Reference, Item No. 3: Scope
Management of the Services, B.5: Enforcing the Right of Way Removal Process:
Specialist:
2. Intermediate Staff
All Shall jointly assume the assigned responsibilities of their respective key
Corresponding positions in collaboration of their Senior Key Staffs and the Resident
Key Positions Engineer, as appropriate.
3. Support Personnel and Junior Assistant Staff
Soil Laboratory  Inspect all Laboratory tests such as tests for gravel wearing course,
Technician fill material, Sand, aggregate tests, structural Foundations, Asphalt
Take recodes of all activities including daily progress of works,
delays, weather, personnel, equipment.
 Jointly as required perform tests such as acceptance tests, performed
 Inspect all field tests
 Check and follow-up Contractor’s laboratory results
 Keeps records of all test results and report to the RE
Material  Soil and Material survey
Inspector  Follow up all activities on the site and keeping daily dairy of the daily
activates including daily progress of works, delays, weather,
personnel, equipment
 Jointly as required perform tests such as acceptance tests, material
quality tests and check tests for the acceptance of rejection of the
material
 Carrying out in –sits tests and monitoring tests conducted by the
Contractor
 Keep record of all tab or in-situ tests
 Perform assignments as per the direction of the other experts and
submits reports
 Others as required
Structural
 Inspection of drainage structure works including the quality and
Inspector
procedure of form works and false work erection, quality and
dimension of masonry works, superstructures, construction of anti-
erosion works, guideposts etc., placement of reinforcement steel,
some tests such as slump test, mix ration etc.
 Reject on site the structural work if it does not comply with the
speciation, drawing or the agree method of construction.

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Position &
Area of Major Tasks
Expertise
 Follow up all activities on the site and keeping daily dairy of the daily
activities including daily progress of works, delays, weather,
personnel, and equipment.
Works Inspector  Inspection of Earthworks
 Inspection of Pavement works including proper compaction and
moisture contents are being achieved
 Supervise Contractors site laboratory and Engineers facility
construction
Drafts Person  Responsible of checking existing drawings
 Inspect the Contractors working drawings
 Make Change to the drawings
 Review and check as built drawings
 Others as required
Secretary  Typing of all correspondence, reports and other clerical duties:
 Handles filing system
Chainman and  As depicted in the Technical Specifications and to be assigned by the
Laboratory Resident Engineer, Senior Surveyor and Senior Materials Engineer,
Assistants as appropriate.
Junior Surveyors  Assists the Senior surveyor
 Perform construction survey as per the design and specification
 Verify the accuracy of the survey stations and re-establish any
damage or missing stations
 Take all line and level measurements of setting outs and finished
works
 Others as required

6. ASSIGNMENT PERIOD

The duration of the Services is as stated in Part 3 Section 8 Special Condition of Contract
under Clause 28.1.

During the Contractor’s mobilization period, the Consultant shall operate with a skeletal
staff agreed with ERA. During the defects liability period, when construction of the whole
of the Works has been substantially completed, the Consultant shall reduce the construction
supervision staff accordingly, subject to prior agreement with ERA. Staff mobilization and
demobilization plans are to form part of the Consultant’s Technical Proposal and related
Financial Proposal.

7. FACILITIES, SERVICES AND RESOURCES TO BE PROVIDED BY

PROCURING ENTITY

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1. The Procuring Entity will avail to the Consultant free of charge all available documents
relevant to the project, including, drawings and specifications prepared by the Design
Consultant.

2. The Procuring Entity will provide liaison with other Ministries/Departments of the
Government in order to introduce the Consultant. The Consultant shall be fully
responsible for collection of data and information from these agencies.

3. The Procuring Entity may assign staff (maximum of 2 at any one time) to the
Consultant for on the job training in the various aspects of the Consultant’s duties.

8. LIAISON WITH ERA

The Consultant shall maintain close liaison with a project counterpart to be designated by
ERA. A formal joint meeting shall be arranged by the Consultant at least once a month to
facilitate monitoring of the services; the Consultant is also responsible for the formal
minutes of such meetings.

9. ADDITIONAL RESPONSIBILITIES OF THE SUPPLIER

The permanent facilities such as housing, offices, laboratory, transportation, surveying

equipment and other facilities for the provision of the services shall be provided to the
Engineer by the works contract from the start of the seventh month of commencement of the
works contract for the actual construction period of the civil works contract.

During the six months of Contractor’s mobilization period, the Contractor will provide and
maintain temporary facilities including office, laboratory, vehicles, and Communication
Radio for the Engineer. However, the Consultant shall indicate and cover cost of housing
accommodation for its staffs and surveying equipment for the first six months of the contract
period until the Contractor establishes the permanent Engineer’s facilities. If the Contractor
fails to provide the permanent housing and surveying equipment to Engineer’s staff within
the time frame, the Employer will deduct from any monies due to Contractor and pay to the
Engineer as per the Consultant’s rate quoted for provision of these facilities by Increasing
the quantity equal to the quantity of permanent Engineers’ facilities until such time the
Contractor provides the permanent housing and surveying equipment.

All billable staffs employed for the provision of the service are required to reside
permanently on site and, during working hours, shall only leave site on official business.
None of the Consultant’s billable staff should reside in Addis Ababa or elsewhere off site.

The Consultant is advised to inspect the works bidding documents while preparing his
financial proposal regarding the site facilitates, transport and other equipment to be provided
to him by the works contract. Anything that is not covered by the works contract is deemed
to be included in the financial proposal of the Consultant. (Please refer the works bidding
document at ERA’s Engineering Procurement Office).

ERA requires that all Consultants (or each member of Joint Venture) providing services
for ERA abide by ERA Code of Professional Conduct and Ethics, and the Consultant
shall confirm that it has read and understood the ERA Code of Professional Conduct and
Ethics, and that it will strictly follow the articles of this Code in the performance of the

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services for this project. The Code of Professional Conduct and Ethics, and the form by
which the Consultant confirms its reading and understanding of the code are attached as
ANNEX-B of the Terms of Reference.”

10. REPORTING

A brief description of the contents of these reports is presented as follows:

(i) Inception Report

The Consultant shall submit and present an inception report in copies as indicated in
the summary of reporting table below. The report shall outline the Consultant’s
initial findings and confirm the methodology and detailed work program proposed
for adoption in the light of the initial findings, while also identifying constraints and
proposed solutions, together with any action required by ERA to facilitate the
successful implementation of the service.

(ii) Design Review Report

The report shall outline the recommendation and appropriate changes if necessary or
modification on the design standards, design documents, topographic surveying data
with the ground condition, the alignment, specification and quantities given by the
design Consultant.

(iii) Contractor’s Mobilization Report:

The Consultant shall report on the following:

- Contractor’s mobilization
- Organization and correspondence
- Lines of communication
- Contractor’s detailed work program
- Proposed resources schedules
- Proposed cash flow
- Plant and equipment schedules
- Format of forms and their use and presentation
- Schedule of site meetings
- Contractor’s obligations
- Any other submitted contractual documentation
- Consultant’s mobilization

(iv) Monthly Progress Reports:

Progress reports shall be prepared using ERA’s standard report format to detail
progress against program in respect of all project elements and hard out puts. All
monthly project correspondences shall be submitted in soft copy together with
monthly progress reports.
The report will cover the activities performed during the reporting period.

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A suitable number of colour photographs with date imprint should be included

which will illustrate progress and any difficulties encountered on the Site. These will
allow a permanent record of progress.
Note: Notwithstanding the submission of the monthly progress report as above,
the Consultant is required to send to the Client, two day before the end of each
month, a progress summary of the works supported by the s-curve.

(v) Quarterly Progress Reports:

These will be similar to the monthly reports but will be more detailed and include
record photographs. They will be prepared by the Resident Engineer and give an
overview of the progress on within the Project.
A suitable number of colour photographs with date imprint should be included
which will illustrate progress and any difficulties encountered on the Site. These
will allow a permanent record of progress. The quarterly progress report shall also
include important information of the last month of the quarter so that submission of
a separate monthly report will not be required for that specific month.
This report among other information shall include an update of project cost estimate,
keeping in view of variations, price escalations and Contractor’s claim entitlement
for additional money.

(vi) Annual Progress Reports:

These reports will summarize the activities performed within a year. The format of
this report is similar to that of the monthly report. The annual report shall also
include important information of the month June, thus no monthly and quarterly
reports will be required during the month June and the 4 th quarter of any fiscal year.

(vii) Contract Completion Report:

The Contract completion report shall include but not be limited to:
- Executive summary
- Mobilization/ Demobilization details
- Description of Project
- Project Implementation
- Financial cost details together with a breakdown of the same, detailing and
assessing extra expenditures and cost increases inclusive of the justification
for such increases.
- Details of the work executed and of the techniques employed and type,
quality, quantities and sources of materials used in the pavement.
- Contract changes and variations
- Contractor’s performance
- Assessment of any complaints and/or claims by the Contractor
- A critical study of important technical problems which may have arisen
during the construction
- Comments on Technical Specification and Conditions of Contract
- Construction Records.
- As-built drawings (A1 size reproducible)

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- Assessment of counterpart training, if any

- Conclusions
- Details of Final Account, where possible

(viii) Consultancy Completion Report

This report will be a comprehensive report on the consultancy services throughout

the Contract. It will describe the aims of the project and the achievements of the
construction works. It will also give progress on the Final Account, which will be
appended. Finally, it will give details of the Consultant’s visits and activities during
the maintenance period. The consultancy completion report should contain
“lesson learnt” are part of the contract completion report, for such an
important item helps to improve current technical specifications as well as
other parts of the tender documents.

(ix) Consultant’s Quality Assurance Manual

This manual shall at a minimum describe the methodology and procedures to be

followed in attaining the desired quality of the service at each stage. The report
should also detail assignment of responsibilities with regard to quality assurance to
the respective personnel in the team. The content of the manual shall be suggested
by the Consultant for review by ERA and will be finalized following taking into
account the letters comment.

(x) Construction supervision Manual

This manual shall at a minimum describe the duties and responsibilities of each of
the Consultant staffs, the decision matrix and organizational structure of the firm
that the Consultant will follow for administration of the project in all aspects of the
construction supervision service. As part of the supervision manual, the Consultant
shall prepare checklists for each activity of the supervision team. The content of the
manual shall be suggested by the Consultant for review by ERA and will be
finalized following ERA’s comment.

(xi) Environmental Management Report

This report will be a comprehensive report on all Environmental and Social impact
mitigation measures undertaken by the Contractor. It will describe the major
environmental elements of the project, adequacy of the mitigation measures
proposed during design as well as supervision period and the effectiveness of the
measures undertaken during construction. The supervision Consultant is also
expected to report in his progress report any development with respect to
Environmental and Social aspect of the project.

(xii) Special Reports

The Consultant shall prepare and submit special reports in each project in
assisting/advising and anticipating problem areas that needs to be brought to the

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attention of ERA encountered during the implantation of the service of such types
but not limited to: -

 Engineer’s determination on Contractors Claim;

 Engineer’s proposal to expedite an unduly delayed project progress;
 Technical reports on the remedial measures and its effectiveness on slide,
flood-prone areas;
 Reports on major design and specification change and the consequence
thereto;
 Analysis of Contractors’ Value-Engineering proposal;
 Traffic and Axle load survey Updates and impact of future forecasts on
the design; etc.

(xiii) Intermediate Project Quality Assurance Report

The report shall outline the findings, as a result of Project Quality Assurance
Inspection to be carried out at semi-annual (6 months) intervals; and hence, it is a
comprehensive quality assurance report on the overall performance of the work
executed within the semi-annual period, by incorporating the listed issues (but not
limited to) those indicated in item No.3 (Scope of services), 3 (D): Intermediate and
Final Project Quality Assurance Inspection; and it shall state the necessary proposals
of amendments, rectifications, measures and recommendations intended to be issued
to the Contractor.

The report shall also outline summary of previous intermediate quality assurance
inspection (if any) carried out for the project together with the findings,
recommendations and measures taken on the part of the project; as such, the report
shall also evaluate the outcome of actions taken in the preceding Intermediate
Quality Assurance reports.

(xiv) Final Project Quality Assurance Report

The report shall outline the findings, as a result of Project Quality Assurance
Inspection to be carried out at completion of the project; and hence, it is a
comprehensive quality assurance report on the overall performance of the project
with contents/outlines at least similar to the Intermediate Quality Assurance
Inspection Reports; and it shall state the necessary proposals of amendments,
rectifications, measures and recommendations intended to be issued to the
Contractor.

The report shall also outline summary of all intermediate quality assurance
inspection carried out for the project together with the findings, recommendations
and measures taken on the part of the project; as such, the report also evaluates the
outcome of actions taken in the Intermediate Quality Assurance reports.

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(xv) Quarterly Report by Intermittent Key Staff

The report shall outline the findings, as a result of the site visit, the tasks
accomplished during the quarter, particularly in its area of expertise and assignment
defined/indicated in the Terms of Reference, addressing the issues which were
identified during the previous quarterly report, if any, and it shall state the necessary
proposals of amendments, rectifications, measures and recommendations intended to
be issued to the Contractor.

The report shall also outline summary of previous quarterly report (if any) carried
out for the project together with the findings, recommendations and measures taken
on the part of the project; as such, the report shall also evaluate the outcome of
actions taken as an outcome of the preceding recommendation of the quarter site
visit.

SUMMERY OF REPORTING REQUIREMENT

Draft Final
Types of
I/No. Submission Submission
Reports/Documents
Date Date
Within 45 days of Within one week of receipt of
1 Inception Report 3 5
commencement of services the Client’s comments
Within three and half months
Design Review Within two weeks of receipt
2 3 of commencement of the 5
Report of the Client’s comments
services
On completion of
Contractors mobilization but
Contractor’s not later than Three months Within two weeks of receipt
3 3 5
Mobilization Report after the contract of the Client’s comments
commencement of the
services
Monthly Progress Not later than the first week
4 - 5
Reports - of each month
Quarterly Progress Not later than the first week
5 - - 5
Report of the end of each quarter
At the end of each fiscal year
of Ethiopia (June), after the
Annual Progress
6 - - 5 beginning of construction
Reports
supervision and up to 10th
July of the next fiscal year
Contract Completion Within two months of the Within two weeks of receipt
7 3 5
Report completion of construction of the Client’s comments
Consultancy Within one month of the end Within two weeks of receipt
8 3 5
Completion Report of the defects liability period of the Client’s comments
Within one month of the date
Consultant’s Quality Within two weeks of receipt
9 3 of commencement of the 5
Assurance Manual of the Client’s comments
consultancy contract

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Draft Final
Types of
I/No. Submission Submission
Reports/Documents
Date Date
Within one month of the date
Construction supervision Within two weeks of receipt
10 3 of commencement of the 5
manual of the Client’s comments
consultancy contract
Environmental Within one month of the Within two weeks of receipt
11 3 5
Management Report completion of construction of the Client’s comments
Within reasonable time
12 Special Reports - - 5
whenever the event has arisen
At every six (6) months
Intermediate Project period (semi-annually); not Within two weeks of receipt
13 3 5
Quality Assurance Report later than 1 week after each of the Client’s comments
semi-annual period.
Final Project Quality Within two months of the Within two weeks of receipt of
14 3 5
Assurance Report completion of construction the Client’s comments
At every three (3) months
Quarterly Report by Each period (quarterly); not later Within two weeks of receipt
15 3 5
Key Intermittent Staff than 1 week after each of the Client’s comments
quarter.
Note:

 The Employer need two weeks-time for review of the draft report submitted by the
Consultants except for the design review report for which the Client needs three weeks of
review time.

Annex – A
Terms of Reference
For the Gender Mainstreaming and Sensitization Components
I. Background

The 1995 Constitution of the Federal Democratic Republic of Ethiopia, which is aligned
with international legal instruments, guarantees the rights of women and equality with
men. This is especially important in equality in regard to employment, marriage, property
and land ownership. FDRE Proclamation No. 916/2015 that determines the powers and
duties of executive organs of the FDRE government requires all government institutions

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to address women’s issues in policies, laws, and development programs and projects as
part of strengthening accountability in line Ministries through gender mainstreaming.

Gender mainstreaming is clearly established as global strategy for promoting gender

equality through the Platform for Action at the United Nations Fourth World Conference
on Women in Beijing, China in 1995. Systematic consideration of differences between
situations and needs of women and men in all community policies and actions were set as
basic features and principles in gender mainstreaming. Gender mainstreaming involves
restructuring policies, programs, projects and activities to make sure that needs of women
and men are equally addressed and both women and men have equal participation, and
both gain equal benefits. The ultimate goal of gender mainstreaming is achieving
women’s empowerment and gender equality.

Thus, there is a need to adequately ensure that both women and men participate in and
benefit from the high and increasing level of public investment in the infrastructure both
as a matter of rights and in the interest of efficiency. Ethiopian Roads Authority (ERA) as
a governmental institution should facilitate conditions to the promotion of equality
between men and women so that women can participate in the political, social and
economic life of their country on equal terms with men.
Thus, as to the implementation of different women policies, strategies and programs the
Authority should able to adequately ensure both women and men are participated in the
benefit of infrastructural development and make sure their safety and their right respected
in the projects area. In this way, road construction activities can contribute towards
enhanced gender mainstreaming through facilitating access of women and girls to various
resources and opportunities, such as employment, education, health and marketing.

Accordingly, henceforth all ongoing road construction projects that are under ERA are
expected to incorporate a number of gender interventions. These include:
 Conducting gender sensitization in road corridor communities located around the
project site and for project staff
 Create awareness and mitigate the negative influence of labor influx on women
staff and women and girls in the nearby community at large.
 Promote zero tolerance for gender violence, sexual harassment and
discrimination among project staff and encourage reporting of such cases by staff
and any concerned bodies
 Provision of gender sensitive camp facilities/ evaluating the appropriateness of
already established camps for women and men (if inconvenient in existing
camps, implement remedy measures),
 Provision of priority to communities residing adjacent to the project road for
available jobs with due consideration to gender equity
 The HIV/AIDS/STI program of awareness, prevention and treatment to cover the
plight of girls and women thereby offering an opportunity for girls and women to
receive full and accurate information on the epidemic and how they can be
protected.
 Inclusion of project affected women (or a representative of women association)
in the Resettlement Implementation Committee
 Ensuring the participation of affected women and vulnerable persons during the
consultations in the implementation phase of the RAP
 Introduce a worker code of conduct as a part of employment contract and
including sanctions for non-compliance, etc.

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Therefore, this TOR is prepared to frame the focus of the gender mainstreaming and
sensitization activities in the Road Construction project.

II. Objective

The objective of this TOR is to operationalize the ERA’s gender mainstreaming

commitments to all of its projects in parallel with civil works. It also guides gender
specialists that are going to be assigned in all road construction projects to fill gaps that
will be identified through gender need identification assessment or knowledge, attitude
and practice (KAP) survey conducted at specific project. This TOR could serve to guide
the focus of the gender mainstreaming and sensitization program of any road construction
project.

III. Scope

The Intervention is planned to be implemented on the project management, staffs and

local community found along from the start of the specific project to the end. The
Consultant should also provide specific focus on communities found along the corridor
which is believed to be an impact zone. While the outcome of the rapid assessment and
the prioritization activity is expected to guide the focus of the intervention in the
respective location, it is envisaged that the gender mainstreaming and sensitization
activities can include the following:
 Identification, prioritization of needs
 Conduct gender sensitization/training program
 Distribute information, education and communication (IEC) and behavior
communication change (BCC) materials
 Ensure the provision of gender sensitive camp facilities and working
environment
 Promote zero tolerance for GBV, sexual harassment and discrimination
 Increase women participation on road project work

IV. Major Tasks

The expected major duties and responsibilities of the Gender Specialist employed to any
ERA’s road construction projects include the following, but not limited to:

3.1 Planning & Documentation

 Undertake Gender need identification assessment/ knowledge, attitude and

practice (KAP) survey based on data collection instruments (e.g. questionnaire,
checklist,…) and ensure that it is reviewed and approved by ERA and other
concerned bodies.
 Prepare a brief assessment/KAP report identifying a) the current status b) priority
gender issues/needs of the target road corridor communities, project staffs and
women project staffs (like assertiveness training…)
 Develop detailed draft work plan and finalize it based on KAP survey’s results
and recommendation and input given from project Consultant and ERA.

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 Ensure that the project baseline and impact survey as well as the routine progress
report adequately address gender issues and give concrete corrective
actions/feedback to the concerned body (e.g. to PM & RE)
 Prepare quarterly progress report using the standard formats given by ERA on the
status of the gender integration component comparing plan against achievement
(based on the approved plan)
 Record and store documentation on every activity that was included in each
report to be used as evidences and source documents during supervision from the
concerned bodies (e.g. from ERA)

3.2 Sensitization/training

 Conducting gender sensitization, activities that should be implemented in road

corridor communities located around the project site focusing on priority issues
specifically relevant to the communities as identified through the KAP survey
and for project staff and management focusing on workplace gender issues;
 Develop a gender sensitization/training program tailored to the specific needs of
the target communities and project staff in the local language
 Provide information, education and communication (IEC) and behavior
communication change (BCC) materials to the project staff and the host
communities at convenient places in appropriate language
 Undertake sensitization activities in a structured/planned manner
 Provide educational materials on a bi-annual basis (twice a year) for top
performing girl students in selected schools in the target road corridor
communities
 Organize and support gender clubs at schools that are close to the road corridor
 Empower project staff and local communities’ women with life skill training,
assertiveness and leadership training and other capacity building activities based
on their training acceptance capability.

3.3 Gender sensitive Camp Facilities & Working condition

 Ensure the provision of gender sensitive and working environment free from
sexual harassment and suitable camp facilities by the Contractor;
 Support the Consultant in ascertaining that the main Contractor is providing
gender sensitive camp and work site facilities
 Promote zero tolerance for gender violence, sexual harassment and
discrimination among project staff and encourage reporting of such cases by staff
and any concerned bodies
 Put in place a mechanism in handling sexual harassment and gender-based
violence among the project staff and community members in the project area
 Develop appropriate mechanism to handle if any compliant on GBV and sexual
harassment happen and consult the main project Contractor and Consultant to
have work-place sexual harassment policy or handling procedure.
 Collect sex/gender disaggregated data on the positive and negative impacted
groups in the project area

3.4 Employment opportunities

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 Create awareness of project management on and support the realization of the

minimum of 30% target of the project on the employment of women/girls and
record the improvements.
 Collaborate with the local communities to increase women participation on
project implementation activities by improving the culture that discourage
women outside working and promote women in
 Ensure and follow up the provision of equal employment opportunities and equal
payment for same work among male and female workers of the project,
 Have the up to date data and record on project employment disaggregated with
sex, age, skill level and other gender statistical data
 Collect and report sex/gender disaggregated data in terms of access and control
over resources in the community and project facilities and services.

3.5 RAP and ESMP Implementation

 Ensure and follow up on the inclusion of affected women (or a representative of

women association) in Resettlement Implementation Committees and also in all
compensation related community consultations and if the inclusion is not
satisfactory take corrective measurable action and consult the concerned bodies.
 Oversee and report if community consultations involve both women and men and
their needs and priorities are appropriately considered and addressed
 Ensuring the participation of affected women and vulnerable persons during the
consultations in the implementation phase of the RAP
 Promote observable special support to female headed households and to the
elderly by the Resettlement Implementation Committees during the process of
resettlement, including the use of joint husband-wife bank account for the
payment of compensation
 Work closely with the project Contractor’s and Consultant’s staff working on the
preparation and implementation of the site ESMP in order to adequately integrate
gender concerns and also to co-ordinate efforts

3.6 Networking

 Identify, develop strong linkage and work with relevant government and non-
government stakeholders working on gender issues in the project area for a
coordinated effort like Women, Children and Youth Affairs office, Education
office, Health office of Woreda and Zonal government office and with others
 Support the HIV/AIDs and road safety sensitization activities to ensure the
adequate integration of gender in their interventions
 Celebrate national and International Women’s Day in an attractive and awareness
creation programs together with project staffs and manage events and
publications on gender related issues
 The HIV/AIDS/STI program of awareness, prevention and treatment to cover the
difficulty of girls and women thereby offering an opportunity for girls and
women to receive full and accurate information on the epidemic and how they
can be protected

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 Organize gender Clubs at school and work site in collaboration with the
concerned bodies.

V. Key Deliverables:

The expected key deliverables include:

 Annual work plan covering all aspects of the intervention
 Brief report on the needs of the target groups or KAP survey report
 Revised and approved work plan, based on inputs from survey result,
Supervision Consultant and ERA
 Training and sensitization program and materials in the language appropriate to
the core target groups - local communities and project staff
 Agreed Mechanism in handling sexual harassment and GBV that is specific to
the project
 Quarterly, bi-annual and annual activity plans
 Quarterly, bi-annual and annual progress reports
 Draft Project completion report to be finalized based on feedback from ERA and
other concerned bodies.

VI. Management and Oversight

The Gender specialist will be directly accountable to the respective project Supervision
Consultants. The Supervision Consultants of the respective projects will be responsible
for the day-to-day operational guidance and supervision of the work in their respective
projects.
ERA, Women and Youth Affair Directorate will also coordinate, facilitate and manage
the planned activities and will monitor and evaluate the work of the Gender Specialist
periodically by reviewing the plan and report as well as with field supervision. The
Environmental, Social and occupational safety Management Directorate of ERA will
provide technical assistant.

VII. Time frame

The duration for the implementation of the intervention is expected to be within the
operational duration of the respective projects.

VIII. Qualification Requirements

Technical Qualifications
In addition to the experience and educational qualifications indicated in
Sub-Item/Section 5 of this Terms of Reference, the following additional technical
qualifications are preferable by the Client during assignment for the position:
 Knowledge of the local language(s) to specific project and fluency in English
language
 Strong technical and general writing skills
 Ability to deal sensitively in multi-cultural environments and build effective
working relations with Clients and colleagues

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 Strong interpersonal skills and ability to interact with individuals at all levels
 Participating in successful teams, presenting and facilitating in a variety of verbal
and written communications skills required
 Flexibility and ability to travel domestically for varying lengths of time

IX. Payments and Logistics

The payment will be based on calendar months payment for full project life (based on
monthly salary). It will be paid every month, upon the submission of time sheets, or
portions thereof, worked in the previous or reporting month, and the tasks associated with
that month. Fees have to be approved according to the monthly report and submitted
deliverables.

The Supervision Consultant will provide an office with full facility, dormitory and
transport service during execution of the assigned work.

Annex – B
Ethiopian Roads Authority
Code of Professional Conduct and Ethics

Introduction

The Ethiopian Roads Authority (ERA) seeks to ensure that all professional firms and individuals,
who provide services and works on its behalf, abide by a Code of Professional Conduct and
Ethics that supports the aim of providing a high quality, safe and efficient road network in the
interest of the public. ERA now expects all ERA staff and Professional Firms and Individuals

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who carry out work on behalf of ERA to uphold the Code with professional integrity by adhering
to this set of rules.

In straightforward language the rules can be stated as:

Do the right thing, do it the right way and do it at the right time.
Understand the job to be done, and do a good job.
Be committed, be creative, and be proud of what you do.
Take responsibility and care at all times in doing your job.

Article 1: Responsibility to Public, Society and Profession

i.) Act with integrity and have full regard to the public interest.
ii.) Act within the laws of the country.
iii.) Uphold the dignity, standing and reputation of the professions involved.
iv.) Reject corruption in all forms.
v.) Neither offer nor accept remuneration of any kind which, in perception, or in effect,
either seeks to influence the process of selection or compensation or seeks to affect
impartial judgments.
vi.) Recognize that the lives and safety of the public and workers may be dependent on
professional judgments, actions, or lack of actions during the study, design or
implementation of a project, and take the necessary actions.

Article 2: Responsibility to Client/Employer

i.) Apply due skill, care, diligence and accuracy in the services rendered to the Client.
ii.) Perform services only in areas of one’s competence, and disclose any limitations of
competence that may affect the services rendered.
iii.) Provide only those professionals with appropriate qualifications, skills and
competence and required to undertake the project.
iv.) Provide services of a high quality that are technically correct, innovative, giving
value for money, and support the aims of the Client.
v.) Approve only those design documents that have been professionally reviewed and
are accepted to be within prescribed engineering and professional standards.
vi.) Inform the Client of any potential conflict of interest that might arise in the
performance of the project.
vii.) Identify, evaluate and where possible quantify risks.
viii.) Be impartial in the provision of professional advice, judgment or decision, and be
truthful in the evaluation of a project.
ix.) Do not disclose confidential information and commercial matters without the
specific consent of the Client/employer.

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x.) Do not accept compensation from third parties in connection with work being
undertaken for the Client/employer, unless circumstances are disclosed and fully
agreed by all interested parties.
xi.) Be honest and transparent at all times in the management, control and expenditure of
funds allocated by the Client for a project.
xii.) Cooperate fully with any legitimate investigation or audit which makes inquiry into
the technical or financial administration of any services or works contract.

Article 3: Responsibility for Environment

i.) Seek solutions that are compatible with the principles of sustainable and safe
development.
ii.) Understand the effects of the work on society and the natural environment.
iii.) Be committed to improving the environment and enhancing quality of life wherever
possible.
iv.) Promote the use of renewable and recycled materials with the least use of natural
resources, wherever possible.

Article 4: Responsibility to Professionals

i.) Promote the concept of selection by ability.

ii.) Ensure credit and validation for work is given to those to whom it is due.
iii.) Afford assistance and time for professional development with continued education
and training.
iv.) Neither carelessly nor intentionally do anything to injure the reputation of other
firms or individuals.
v.) Neither directly nor indirectly attempt to take the place of another organization or
individual who is already appointed for a specific work.
vi.) Behave in accordance with appropriate professional conduct, standards, ethics and
courtesy in the event of being asked to review the work of another.
vii.) Maintain knowledge and skills at levels consistent with developments in technology,
legislation and management.
Article 5: Adherence and Disclosure

i.) All individuals and organizations that carry out services and works for ERA shall
undertake to abide by the ERA Code of Professional Conduct and Ethics.
ii.) All individuals within ERA shall undertake to abide by the ERA Code of
Professional Conduct and Ethics.
iii.) Disclose any violations of the ERA Code of Professional Conduct and Ethics by any
other individual or organization. Disclosure of any violations may be to any Director
within ERA, who shall bring it to the attention of Senior Management.

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iv.) In the case of any disclosure or report about any individual or organization not
following this Code of Ethics, ERA will appoint an Ethics Board to investigate, and
where appropriate recommend action or penalties.

Consultant Name: ___________________________________________________________

Consultancy Service for: ______________________________________________________

Project Name: _______________________________________________________________

Project No: _______________________________________________________________

We confirm that we have read and understood the ERA Code of Professional Conduct and
Ethics, and that we will strictly follow the articles of this Code in the performance of the
services for this project.

Signed: _________________________________

Name: _________________________________

In the Capacity of: _______________________________

Duly authorized to sign the contract for and on behalf of: ___________________________

Dated on ______ of ________ 20_

Consultant Name: ___________________________________________________________

Consultancy Service for: Construction Supervision

Project Name: __________________________________________________________

Project No: ________________________________________________________________

I/We confirm that I/we have read and understood the ERA Code of Professional Conduct and
Ethics, and that I/we will strictly follow the articles of this Code in the performance of the
services for this project.

Key staff Position on Project Name Signature

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Date: _____, ______, 20_

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Part 3 Contract
Section 3. General Conditions of Contract
Table of Clauses
A. General Provisions 1
1. Definitions 1
2. Appointment 4
3. Relationship Between the Parties 4
4. Due Diligence 4
5. Fraud and Corruption 5
6. Interpretation 6
B. The Contract 7
7. Contract Documents 7
8. Governing Law 7
9. Language 7
10. Notices and written communications 7
11. Authority of Member in Charge 8
12. Authorized Officers 8
13. Assignment 8
14. Subcontracting 8
15. Modifications and Contract Amendments 9
16. Change in Laws and Regulations 10
17. Taxes and Duties 10
18. Force Majeure 10
19. Breach of Contract 11
20. Suspension of Assignment 12
21. Termination 12
22. Arrangements on Termination 14
23. Cessation of Rights and Obligations 14
24. Cessation of Consultancy Services 15
25. Settlement of Disputes 15
26. Liquidated Damages 15
27. Commencement of Consultancy Services 16
28. Intended Completion Date 16
29. Confidentiality 16
30. Miscellaneous 17
C. Obligations of the Public Body 18
31. Provision of Assistance and Exemptions 18
32. Access to Land 19

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33. Services and Facilities 19

34. Payment 19
35. Counterpart Personnel 19
D. Payments to the Consultant 20
36. Contract Price and Currency 20
37. Type of Contract 20
38. Option 1 – Payments in respect of Lump Sum Contracts 20
39. Option 2 – Payments in respect of Time-Based Contracts 20
40. Payment Schedule and Advance Payment 21
41. Mode of Billing and Terms of Payment 22
42. Price Adjustments 23
E. Obligations of the Consultant 24
43. Consultant’s Responsibilities 24
44. Eligibility 25
45. Code of Conduct 25
46. Conflict of Interests 26
47. Indemnification and Limitation of Liability 27
48. Insurance to be Taken Out by the Consultant 27
49. Health and Safety 28
50. Intellectual and industrial property rights 29
51. Reporting Obligations 30
52. Accounting, Inspection and Auditing 30
53. Data Protection 30
54. Review 31
55. Performance Security 31
F. Performance of the Contract 31
56. Scope of Consultancy Services 31
57. Deliverables 31
58. Performance of the Consultancy Services 32
59. Performance Measurement 33
60. Location 34
61. Use of Public Body's Sites 35
62. Equipment and Materials 35
63. Key Personnel 37
64. Approval of Personnel 37
65. Control and Supervision of Personnel 38
66. Working Hours of the Personnel 39
67. Removal and/or Replacement of Personnel 39
68. Extensions of Time 40
G. Fairness and Good Faith 40

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69. Good Faith 40

70. Operation of the Contract 40

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Section 7 General Conditions of Contract

Part 16 General Provisions
1. Definitions
.212 The headings and titles of these General Conditions of Contract shall not limit, alter or
affect the meaning of the Contract.
.213 The following words and expressions shall have the meanings hereby assigned to them:
(a). "Authorized means a person designated as such by the Public Body from time to
Officer" time as notified in writing to the Consultant to act as the
representative of the Public Body for all purposes connected with the
Contract, including any authorized representative of such person;
(b). "Bankrupt" means with respect to any entity, such entity (i) files a petition or
otherwise commences, authorizes or acquiesces in the
commencement of a proceeding or cause of action under any
bankruptcy, insolvency, reorganization or similar law, or has any
such petition filed or commenced against it, (ii) makes an assignment
or any general arrangement for the benefit of creditors, (iii) otherwise
becomes bankrupt or insolvent (however evidenced), (iv) has a
liquidator, administrator, receiver, trustee, conservator or similar
official appointed with respect to it or any substantial portion of its
property or assets, or (v) is generally unable to pay its debts as they
fall due;
(c). "Completion" means the fulfilment of the Contract by the Consultant in accordance
with the terms and conditions set forth in the Contract;
(d). "Consultant" means the natural or juridical person under contract with a Public
Body to provide consultancy services;
(e). "Contract means the documents listed in the GCC, including all attachments,
Documents" appendices, and all documents incorporated by reference therein, and
shall include any amendments thereto;
(f). "Contract means a person designated as such by the Consultant from time to
Manager" time as notified in writing to the Public Body to act as the duly
authorized representative of the Consultant for all purposes
connected with the Contract, including any authorized representative
of such person;
(g). "Contract Price" means the money payable by the Public Body to the Consultant
based on the Contract Agreement and shall include all royalties,
license fees or similar expenses in respect of the making, use or
exercise by the Consultant of any Intellectual Property or Intellectual
Property Rights for the purpose of performing the Contract;
(h). "Contract" means the binding Contract Agreement entered into between the
Public Body and the Consultant, comprising Contract Documents
referred to therein, including all attachments, appendices, and all
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documents incorporated by reference therein,

(i). "Day" means calendar day;
(j). "Delivery" means the transfer of the Services from the Consultant to the Public
Body in accordance with the terms and conditions set forth in the
Contract;
(k). "Effective Date" means the date on which this Contract comes into force and effect
pursuant to GCC Sub-Clause 27.1;
(l). "Eligible means the countries and territories eligible as listed in Section 5 of
Countries" the Request for Proposals;
(m). "General hereinafter referred to as “GCC”, means the conditions in this section
Conditions of of the Contract, which shall govern the Contract, except where
Contract" amended by the SCC or Contract Agreement;
(n). "Good Industry means the exercise of that degree of skill, diligence and foresight
Practice" which would reasonably and ordinarily be expected from a skilled
and experienced Consultant engaged in the provision of services
similar to the Services under the same or similar circumstances as
those applicable to the Contract and which are in accordance with
any codes of practice published by relevant trade associations;
(o). "Government" means the Government of the Federal Democratic Republic of
Ethiopia;
(p). "In writing" shall be interpreted to include any document which is recorded in
manuscript or typescript;
(q). "Insurances" all or any of the policies of insurance required to be maintained by
the Consultant pursuant to this Contract as set out in GCC Clause 48;
(r). "Liquidated means the compensation stated in the contract as being payable by
damages" Consultant to the Public Body for failure to perform the contract or
part thereof within the periods under the contract, or as payable by
Consultant to the Public Body for any specific breach identified in
the contract;
(s). "Location" means the location for the performance of the Consultancy Services
as set out in the Appendix A hereto or as otherwise agreed in writing
between the Public Body and the Consultant;
(t). "Lump Sum means a contract under which the Services are performed for an all
contract" inclusive fixed total amount;
(u). "Member" means any of the entities that make up the joint venture /
consortium / association; and “Members” means all these entities;
(v). "Party" means the Public Body or the Consultant and includes their permitted
successors and “Parties” means both of them;
(w). "Personal Data" means data that relates to a living individual who can be identified
from such data, and/or from such data and other information which is
in the possession of, or is likely to come into the possession of the
Consultant and includes any expression of opinion about an
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individual and any indication of the intentions of the Consultant in

respect of an individual;
(x). "Personnel" means persons engaged by the Consultant or by any Sub-Consultant
as employees and assigned to the performance of the Services or any
part thereof; “Foreign Personnel” means such professionals and
support staff who at the time of being so provided had their domicile
outside the Federal Democratic Republic of Ethiopia; “Local
Personnel” means such professionals and support staff who at the
time of being so provided had their domicile inside the Federal
Democratic Republic of Ethiopia; and “Key Personnel” means the
Personnel referred to in Clause GC 52;
(y). "Public Body" means public body, which is partly or wholly financed by the Federal
Government Budget, higher education institutions, and public
institutions of like nature which has the powers and duties to
conclude a Contract for the supply of Consultancy Services, as
specified in the SCC;
(z). "Reimbursable means all assignment-related costs other than Consultant’s
Expenses" remuneration;
(aa). "Services or acronym "SPO" means an individual order for Consultancy
Purchase Order" Services issued by Public Body pursuant to the terms, conditions,
and pricing established in a Contract. Each individual Service
Purchase Order is a binding contractual instrument and will reference
and incorporate the terms and conditions of this Contract and specify
the Consultancy Services to be provided, delivery schedule, and
price;
(bb). "Services" means the services to be performed by the Consultant as described in
the Appendix A hereto;
(cc). "Special hereinafter referred to as “SCC”, means the conditions attached to
Conditions of the Contract Agreement, which shall govern the Contract and shall
Contract" prevail over these General Conditions of Contract;
(dd). "Sub- means any natural person, private or government entity, or a
consultant" combination of the above, including its legal successors or permitted
assigns, to whom any part of the Consultancy Services to be
provided is subcontracted by the Consultant;
(ee). "Sub-contract" means any contract or agreement or proposed contract or agreement
between the Consultant (or any agent, servant or Sub-Consultant of
the Consultant) and any third party whereby that third party agrees to
provide to the Consultant (or the relevant agent, servant or Sub-
Consultant of the Consultant) the Services or any part thereof or
facilities or services necessary for the provision of the Services or
any part thereof or necessary for the management, direction or
control of the Services or any part thereof but excluding contracts or
agreements between the Consultant (or any agent, servant or Sub-
Consultant of the Consultant) and any third party which relate to the
provision of facilities or services in the normal course of operating
the Consultant's (or the relevant agent's, servant's or Sub-

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consultant's) business;
(ff). "Third Party" means any person or entity other than the Public Body, the
Consultant or a Sub-Consultant;
(gg). "Time-Based means a contract under which the Services are provided on the basis
Contract" of fixed fee rates and payments are made on the basis of time
actually spent;
2. Appointment

.214 The Public Body appoints the Consultant to provide the Consultancy Services:
(a). Promptly (and in any event within any time targets as may be set out in the Section 6,
Schedule of Requirements) and in a professional and courteous manner so as to reflect
and promote the image of the Public Body;
(b). Strictly in accordance with the Schedule of Requirements and all provisions of the
Contract; and
(c). In accordance with all applicable laws and regulations of the Federal Democratic
Republic of Ethiopia and Good Industry Practice; and
(d). In accordance with the policies, rules, and procedures of the appropriate Authority as
amended from time to time.
(e). In accordance with the quality standards set by the Quality and Standards Authority of
Ethiopia (QSAE) and applicable international standards;
(f). In accordance with the terms and conditions of appointment as provided in this Clause
in consideration of the Contract Price.

3. Relationship Between the Parties

.215 Nothing contained herein shall be construed as establishing a relationship of master and
servant or of principal and agent as between the Public Body and the Consultant. The
Consultant, subject to this Contract, has complete charge of Personnel and Sub-Consultants,
if any, performing the Services and shall be fully responsible for the Services performed by
them or on their behalf hereunder.

4. Due Diligence
.216 The Consultant acknowledges that it:
(a). Has made and shall make its own enquiries to satisfy itself as to the accuracy and
adequacy of any information supplied to it by or on behalf of the Public Body;
(b). Has raised all relevant due diligence questions with the Public Body before the
Effective Date; and
(c). Has entered into this Contract in reliance on its own due diligence alone.
.217 The Consultant acknowledges that it has inspected the Operating Environment and has
advised the Public Body of any aspect of the Operating Environment that is not suitable for
the provision of the Consultancy Services and that the specified actions to remedy the
unsuitable aspects of the Operating Environment, together with a timetable for and the costs
of those actions, have been specified in the relevant parts of the Contract for the Pre-
Operational Phase.

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.218 If the Consultant has either failed to inspect the Operating Environment or failed to notify
the Customer of any required remedial actions in accordance with Clause 4.2 then the
Consultant shall not be entitled to recover any additional costs or charges from the Public
Body relating to any unsuitable aspects of the Operating Environment nor shall the
Consultant be entitled to seek relief in respect of any Default arising from such failure. The
responsibility shall be on the Consultant to prove to the Public Body that any work to Public
Body's Premises is required in respect of a latent structural defect and the additional costs or
charges are reasonable and necessary. The Consultant shall not incur such additional costs
or charges without obtaining the Public Body's prior written consent.
.219 Any disputes relating to due diligence shall be resolved in accordance with the Ethiopian
Law.

5. Fraud and Corruption

.220 It is the Government of the Federal Democratic Republic of Ethiopia’s policy to require that
Public Body, as well as Consultants/suppliers, to observe the highest standards of ethics
during the procurement and the execution of contracts. In pursuance of this policy, the
Government of the Federal Democratic Republic of Ethiopia represented by the Public
Procurement and Property Administration Agency (herein referred to as the Agency)
requires that Contracting Authorities shall include in bidding documents, provisions against
corrupt practices.
.221 If the Public Body determines that the Consultant and/or its Personnel, sub-contractors, sub-
consultants, services providers and suppliers has engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices, in competing for or in executing the Contract, then the
Public Body may, after giving 14 days notice to the Consultant, terminate the Consultant's
employment under the Contract, and the provisions of GCC Clause 21 shall apply as if such
expulsion had been made under GCC Sub-Clause 21.2(i).
.222 Should any Personnel of the Consultant be determined to have engaged in corrupt,
fraudulent, collusive, coercive, or obstructive practice during the execution of the Contract,
then that Personnel shall be removed in accordance with GCC Clause 67.
.223 The Agency defines, for the purposes of these provisions, the terms set forth below as
follows:
(a). “Corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly,
of anything of value to influence the action of a public official in the procurement
process or in contract execution, and
(b). “Fraudulent practice” is any act or omission, including misrepresentation that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or
other benefit or to avoid an obligation.
(c). “Collusive practices" is a scheme or arrangement between two or more Consultants,
with or without the knowledge of the Public Body, designed to establish prices at
artificial, non competitive levels, and
(d). “Coercive practices” is harming or threatening to harm, directly or indirectly, persons
or their property to influence their participation in a procurement process, or affect the
execution of a contract.
(e). "Obstructive practice" is

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(i) deliberately destroying, falsifying, altering or concealing of evidence material to

the investigation or making false statements to investigators in order to materially
impede the Federal Ethics and Anticorruption Commission, the Federal Auditor
General and the Public Procurement and Property Administration Agency or their
auditors' investigation into allegations of a corrupt, fraudulent, coercive or
collusive practice; and/or threatening, harassing or intimidating any party to
prevent their from disclosing their knowledge of matters relevant to the
investigation or from pursuing the investigation, or
(f). acts intended to materially impede the exercise of inspection and audit rights provided
for under GCC Sub-Clause 52.2.

.224 The Agency will debar a Consultant from participation in public procurement for a
specified period of time if it at any time determines that the Consultant has engaged in
corrupt, fraudulent, collusive, coercive or obstructive practices in competing for, or in
executing, a contract.
.225 The Agency reserves the right, where a Consultant has been found by a national or
international entity to have engaged in corrupt or fraudulent practice, to declare that such a
Consultant is ineligible, for a stated period of time, to be awarded a Government funded
contract.
.226 The Agency will have the right to require that, in contracts funded by the Government of
Ethiopia, a provision be included requiring Consultants to permit the Agency to inspect
their accounts and records relating to the performance of the contract and to have them
audited by auditors appointed by the Agency, if the Consultant engages in any corrupt
practice.
.227 Any communications between the Consultant and the Public Body or the Agency related to
matters of alleged fraud or corruption must be made in writing.
6. Interpretation

.228 If the context so requires it, singular means plural and vice versa.

.229 In these terms and conditions, words referring any particular gender include all other
genders.
.230 Entire Agreement
This Contract contains all covenants, stipulations and provisions agreed by the Parties. No
agent or representative of either Party has authority to make, and the Parties shall not be
bound by or be liable for, any statement, representation, promise or agreement not set
forth herein.
.231 Amendment
No amendment or other variation of the Contract shall be valid unless it is in writing, is
dated, expressly refers to the Contract, and is signed by a duly authorized representative
of each party thereto.
.232 Non-waiver

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(a). Subject to GCC Sub-Clause 6.5(b) below, no relaxation, forbearance, delay, or

indulgence by either party in enforcing any of the terms and conditions of the Contract
or the granting of time by either party to the other shall prejudice, affect, or restrict the
rights of that party under the Contract, neither shall any waiver by either party of any
breach of Contract operate as waiver of any subsequent or continuing breach of
Contract.
(b). Any waiver of a party’s rights, powers, or remedies under the Contract must be in
writing, dated, and signed by an authorized representative of the party granting such
waiver, and must specify the right and the extent to which it is being waived.
.233 Severability
If any provision or condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or
enforceability of any other provisions and conditions of the Contract.

Part 17 The Contract

7. Contract Documents

.234 The documents forming the Contract shall be interpreted in the following order of
precedence in the event of any conflict between the documents comprising this Contract:
(a). Agreement, including all appendices;
(b). The Special Conditions of Contract;
(c). The General Conditions of Contract;
(d). Any other document listed in the SCC as forming part of the Contract.
.235 All documents forming the Contract are intended to be correlative, complementary, and
mutually explanatory.
.236 Any action required or permitted to be taken, and any document required or permitted to be
provided, under the Contract by the Public Body or the Consultant may be taken or
provided by the authorized representatives specified in the SCC Clause 12.1.
.237 The Contract constitutes the entire agreement between the Public Body and the Consultant
and supersedes all communications, negotiations and agreements (whether written or oral)
of parties with respect thereto made prior to the date of Contract. No agent or representative
of either Party has authority to make, and the Parties shall not be bound by or be liable for,
any statement, representation, promise or agreement not set forth herein.

8. Governing Law

.238 The Contract, its meaning and interpretation, and relation between the Parties shall be
governed by and interpreted in accordance with the laws of the Federal Democratic
Republic of Ethiopia, unless otherwise stated in SCC.

9. Language

.239 The Contract as well as all written and oral communication and documents relating to the
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Contract exchanged by the Consultant and the Public Body, shall be in language specified
in the SCC. Supporting documents and printed literature that are part of the Contract may
be in another language, but any documents provided in another language must be
accompanied by an accurate translation into language specified in the SCC. For purposes of
interpretation of the Contract, this translation shall govern.

.240 The Consultant shall bear all costs of translation to the governing language and all risks of
the accuracy of such translation.

10. Notices and written communications

.241 Any notice, request or consent required or permitted to be given or made pursuant to this
Contract shall be in writing. The term “in writing” means communicated in written form
with proof of receipt.
.242 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 SCC.
.243 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 SCC.

11. Authority of Member in Charge

.244 In case the Consultant consists of a joint venture/consortium/ association of more than one
entity, the Members hereby authorize the entity specified in the SCC to act on their behalf
in exercising all the Consultant’s rights and obligations towards the Public Body under this
Contract, including without limitation the receiving of instructions and payments from the
Public Body.

12. Authorized Officers

.245 Any notice, information or communication given to or made by an Authorized Officer shall
be deemed to have been given or made by the Public Body.
.246 The Consultant shall decline from providing the Consultancy Services to any of the Public
Body's staff who are not Authorized Officers.

13. Assignment
.247 An assignment is a written agreement by which the Consultant transfers its contract or part
thereof to a third party.
.248 The Consultant shall not, without the prior written consent of the Public Body, assign the
Contract or any part thereof, or any benefit or interest thereunder, except in the following
cases:
(a). A charge, in favor of the Consultant's bankers, of any monies due or to become due
under the Contract; or
(b). Assignment to the Consultant's insurers of the Consultant's right to obtain relief against
any other person liable in cases where the insurers have discharged the Consultant's

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loss or liability.
.249 For the purpose of GCC Clause 13.2 the approval of an assignment by the Public Body shall
not relieve the Consultant of its obligations for the part of the Contract already performed or
the part not assigned.
.250 If the Consultant has assigned his Contract without authorization, the Public Body may,
without giving formal notice thereof, apply as of right the sanctions for breach of Contract
provided for in GCC Clauses 19 and 21.
.251 Assignees must satisfy the eligibility criteria applicable for the award of the Contract and
they cannot be in any of the situations excluding them from participating in Contract.
.252 Every assignment shall be subject to the provisions of this Contract and shall incorporate the
terms and conditions of this Contract.

14. Subcontracting

.253 A sub-contract shall be valid only if it is a written agreement by which the Consultant
entrusts performance of a part of the Contract to a third party.
.254 In the event the Consultant requires the Consultancy Services of Sub-consultants that are
not included in the Contract, the Consultant shall obtain the prior written approval and
clearance of Public Body for all Sub-consultants. The Consultancy Services to be sub-
contracted and the identity of the subcontractors shall be notified to the Public Body. The
Public Body shall with due regard to the provisions of GCC Clause 10 within 15 days of
receipt of the notification, notify the Consultant of its decision, stating reasons should he
withhold such authorization.
.255 The terms of any sub-contract shall be subject to and conform to the provisions of this
Contract.
.256 The Public Body shall have no contractual relations with the Sub-Contractors
.257 Sub-consultants must satisfy the eligibility criteria applicable to the award of the contract
and they cannot be in any of the situations excluding them from participating in contract.
.258 The Consultant shall be responsible for the acts, defaults and negligence of his Sub-
Consultants and their agents or employees, as if they were the acts, defaults or negligence
of the Consultant, his agents or employees. The approval by the Public Body of the sub-
contracting of any part of the contract or of the Sub- Consultant to perform any part of the
consultancy services shall not relieve the Consultant of any of his obligations under the
contract.
.259 If the Consultant enters into a subcontract without approval, the Public Body may apply, as
of right without giving formal notice thereof, the sanctions for breach of contract provided
for in GCC Clauses 19 and 21.
.260 If a Sub- Consultant is found by the Public Body to be incompetent in discharging its
duties, the Public Body may request the Consultant forthwith, either to provide a Sub-
Consultant with qualifications and experience acceptable to the Public Body as a
replacement, or to resume the implementation of the tasks itself.

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15. Modifications and Contract Amendments

.261 The Public Body may at any time request the Consultant through notice in accordance GCC
Clause 10, to make changes within the general scope of the Contract.

.262 If any such change causes increase or decrease in the time required for, the Consultant’s
performance of any provisions under the Contract, an equitable adjustment shall be made in
the Delivery/Completion Schedule, or both, and the Contract shall accordingly be amended.
Any claims by the Consultant for adjustment under this Clause must be asserted within
twenty-eight (28) days from the date of the Consultant’s receipt of the Public Body's change
order.

.263 Prices to be charged by the Consultant for any Consultancy Services that might be needed
but which were not included in the Contract shall be agreed upon in advance by the parties.
.264 Any change to the terms of the Contract must be recorded in writing and executed by
authorized signatory of the Consultant and the Authorized Officer. Such record of the
change in question must address all consequential amendments required to be made to the
Contract as a result of such change.
.265 Changes will take effect as from the date specified in the signed record of change and shall
not have retrospective effect unless expressly provided for in such record.
.266 Each record of change must be dated and sequentially numbered. Each of the Public Body
and the Consultant will be entitled to an original executed counterpart of the record of
variation.
.267 Except as provided in any such record of variation, the Contract will continue in full force
and effect.
16. Change in Laws and Regulations

.268 Unless otherwise specified in the SCC, If, after the date of the Request for Proposals, any
law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated,
abrogated, or changed in the Federal Democratic Republic of Ethiopia where the Site is
located (which shall be deemed to include any change in interpretation or application by the
competent authorities) that subsequently affects the Delivery Date and/or increases or
decreases the cost incurred by the Consultant in performing the Services, then the
remuneration and reimbursable expenses otherwise payable to the Consultant under this
Contract shall not be increased or decreased accordingly and/or the Delivery Date shall not
be adjusted to the extent that Consultant has thereby been affected in the performance of
any of its obligations under the Contract.

17. Taxes and Duties

.269 Unless otherwise specified in the SCC, the Consultant shall bear and pay all taxes, duties,
and levies imposed on the Consultant, by all municipal, state or national government
authorities, both within and outside the Federal Democratic Republic of Ethiopia, in
connection with the provision of the Consultancy Services to be supplied under the
Contract,.

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18. Force Majeure

.270 For the purposes of the Contract, “Force Majeure” shall mean an event or events which are
beyond the reasonable control of a Consultant, and which makes a Consultant’s
performance of its obligations hereunder impossible or so impractical as reasonably to be
considered impossible in the circumstances, and includes:
(a). An official prohibition preventing the performance of a contract,
(b). A natural catastrophe such as an earthquake, fire, explosion, storm, floods, or other
adverse weather conditions, or
(c). International or civil war, or
(d). Strikes, lockouts or other industrial action (except where such strikes, lockouts or other
industrial action are within the power of the Party invoking Force Majeure to prevent),
or
(e). The death or a serious accident or unexpected serious illness of the Consultant, or
(f). Other instances of Force Majeure identified as such by the civil code.
.271 The following occurrences shall not be deemed to be cases of Force Majeure:
(a). A strike or lock-out taking of a party or affecting the branch of business in which he
carries out his activities, or
(b). An increase or reduction in the price of raw materials necessary for the performance of
the contract, or
(c). The enactment of new legislation where by the obligations of the debtor becomes more
onerous, or
(d). Any event which is caused by the negligence or intentional action of a Consultant or
such Consultant’s Sub-consultants or agents or employees; or
(e). Any event which a diligent Party could reasonably have been expected to both:
(i) Take into account from the effective date of the Contract; and
(ii) Avoid or overcome in the carrying out of its obligations; or
(f). Insufficiency of funds or failure to make any payment required hereunder.
.272 The failure of a Consultant to fulfill any of its obligations hereunder shall not be
considered to be a breach of, or default under, the Contract insofar as such inability arises
from an event of Force Majeure, provided that the Consultant affected by such an event has
taken all reasonable precautions, due care and reasonable alternative measures, all with the
objective of carrying out the terms and conditions of the Contract.
.273 A Consultant affected by an event of Force Majeure shall take all reasonable measures
to
(a). Remove such Consultant’s inability to fulfill its obligations hereunder with a minimum
of delay; and
(b). Minimize the consequences of any event of Force Majeure.
.274 A Consultant affected by an event of Force Majeure shall notify the Public Body of such
event as soon as possible, and in any event not later than fourteen (14) days following the
occurrence of such event, providing evidence of the nature and cause of such event, and
shall similarly give notice of the restoration of normal conditions as soon as possible.

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.275 Any period within which a Party shall, pursuant to this Contract, 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.
.276 During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Consultant, upon instructions by the Public Body, shall either:
(a). Demobilize, in which case the Consultant shall be reimbursed for additional costs they
reasonably and necessarily incurred, and, if required by the Public Body, in
reactivating the Services; or
(b). Continue with the Services to the extent possible, in which case the Consultant shall
continue to be paid under the terms of this Contract and be reimbursed for additional
costs reasonably and necessarily incurred.
.277 Not later than thirty (30) days after the Consultant, as the result of an event of Force
Majeure, has become unable to provide the Consultancy Services, the Parties shall consult
with each other in good faith and use all reasonable endeavors to agree appropriate terms to
mitigate the effects of the Force Majeure Event and facilitate the continued performance of
the Contract.
.278 In the case of disagreement between the Parties as to the existence or extent of Force
Majeure, the matter shall be settled according to GCC Clause 25.
19. Breach of Contract
.279 Either party commits a breach of contract where it fails to discharge any of its obligations
under the specific contract.
.280 Where a breach of contract occurs, the party injured by the breach shall be entitled to the
following remedies:
(a). Compensation / Claim for liquidated damages as specified in GCC Clause 26; and/or
(b). Termination of the contract.
.281 In any case where the Public Body is entitled to damages, it may deduct such Suspension
damages from any sums due to the Consultant or call on the appropriate guarantee.
20. Suspension of Assignment
.282 The Public Body may, by written notice of suspension of the assignment to the Consultant,
suspend all payments to the Consultant hereunder if the Consultant fails to perform any of
its obligations under the Contract provided that such notice of suspension shall:
(a). Specify the nature of the failure; and
(b). Request the Consultant to remedy such failure within a period not exceeding thirty days
(30) after receipt by the Consultant of such notice of suspension.
21. Termination
Termination by the Public Body
.283 Termination shall be without prejudice to any other rights or powers under the contract of
the Public Body and the Consultant.
.284 In addition to the grounds for termination defined in these General Conditions, the Public
Body may, by not less than thirty days written notice of termination to the Consultant

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stating the reason for termination of the contract and the date on which such termination
becomes effective. (except in the event listed in paragraph (o) below, for which there shall
be a written notice of not less than sixty days), such notice to be given after the occurrence
of any of the events specified in this GCC Sub-Clause 21.2 (a) to (p), terminate the Contract
if:
(a). The Consultant fails to provide any or all of the Consultancy Services within the period
specified in the Contract, or within any extension thereof granted by the Public Body
pursuant to GCC Clause 68 or if the Consultancy Services do not meet the Schedule of
Requirements stated in the Contract;
(b). The Consultant fails to remedy a failure in the performance of their obligations as
specified in a notice of suspension pursuant to GCC Clause 20 within thirty days of
receipt of such notice of suspension of assignment or within such further period as the
Public Body may has subsequently approved in writing;
(c). The Consultant becomes (or, if the Consultant consists of more than one entity, if any
of its Members becomes) insolvent or bankrupt or enters into any agreements with its
creditors for relief of debt or take advantage of any law for the benefit of debtors or go
into liquidation or receivership whether compulsory or voluntary, other than for a
reconstruction or amalgamation;
(d). The Consultant fails to comply with any final decision reached as a result of direct
informal negotiation pursuant to GCC Sub-Clause 25.2 hereof;
(e). The Consultant is unable, as the result of Force Majeure, to perform the Consultancy
Services for a period of not less than sixty (60) days;
(f). The Consultant assigns the contract or sub-contracts without the authorization of the
Public Body;
(g). The Consultant has been guilty of grave professional misconduct proven by any means
which the Public Body can justify;
(h). The Consultant has been declared to be in serious breach of contract financed by the
Federal Democratic Republic of Ethiopia's budget for failure to comply with its
contractual obligations.
(i). The Consultant has been engaged in corrupt or fraudulent practices in competing for or
in executing the Contract.
(j). Any organizational modification occurs involving a change in the legal personality,
nature or control of the Consultant, unless such modification is recorded in an
addendum to the Contract;
(k). Any other legal disability hindering performance of the Contract occurs;
(l). The Consultant fails to provide the required guarantees or insurance, or the person
providing the underlying guarantee or insurance is not able to abide by its
commitments.
(m). Where the procurement requirement of the Public Body changes for any apparent or
obvious reason;
(n). Where it emerges that the gap between the value of the Contract and the prevailing
market price is so wide that allowing the implementation of the contract to proceed
places the Public Body concerned at a disadvantage;
(o). The Public Body, in its sole discretion and for any reason whatsoever, decides to
terminate the Contract.
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(p). The accumulated liquidated damage reached its maximum as stated in GCC Clause
26.1(b).
Termination by the Consultant
.285 The Consultant may, by not less than thirty (30) days' written notice to the Public Body, of
such notice to be given after the occurrence of any of the events specified in GCC Sub-
Clause 21.3 (a) to (d) terminate the Contract if:
(a). The Public Body fails to pay any money due to the Consultant pursuant to the Contract
and not subject to dispute pursuant to Clause 25, within forty-five (45) days after
receiving written notice from the Consultant that such payment is overdue;
(b). The Public Body is in material breach of its obligations pursuant to the Contract and has
not remedied the same within forty-five (45) days (or such longer period as the
Consultant may have subsequently approved in writing) following the receipt by the
Public Body of the Consultant’s notice specifying such breach;
(c). The Consultant is unable as the result of Force Majeure, to perform a material portion of
the Consultancy Services for a period of not less than sixty (60) days; or
(d). The Public Body fails to comply with any final decision reached as a result of
settlement of disputes pursuant to GCC Clause 25 hereof.
Disputes About Events of Termination
.286 If either Party disputes whether an event specified GCC Sub-Clauses 21.2 (a) to (n) or GCC
Sub-Clause 21.3 hereof has occurred, such Party may, within forty-five (45) days after
receipt of notice of termination from the other Party, refer the matter to settlement of
disputes pursuant to GCC Clause 25 and this Contract shall not be terminated on account of
such event except in accordance with the terms of any resolution award.
.287 In the event the Public Body terminates the Contract pursuant to the GCC Sub-Clause 21.2
(a) to (n) the Public Body may procure, upon such terms and in such manner as it deems
appropriate, Consultancy Services similar to those undelivered or not performed, and the
Consultant shall be liable to the Public Body for any additional costs for such similar
Consultancy Services. However, the Consultant shall continue performance of the Contract
to the extent not terminated.

.288 If the Public Body terminates the Contract in the event specified in GCC Sub-Clause 21.2
(o) the notice of termination shall specify that termination is for the Public Body's
convenience, the extent to which performance of the Consultant under the Contract is
terminated, and the date upon which such termination becomes effective.
Payment upon Termination
.289 If the Public Body terminates the Contract in the event specified in GCC Sub-Clause 21.2
(o) Public Body shall reimburse the Consultant for all reasonable costs incurred by the
Consultant prior to receipt of the notice of termination.
.290 In the event the Public Body terminates the Contract pursuant to the GCC Sub-Clause 21.2
(c) termination will be without compensation to the Consultant, provided that such
termination will not prejudice or affect any right of action or remedy that has accrued or
will accrue thereafter to the Public Body.
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.291 In the event of any termination by the Public Body under this Clause, for the avoidance of
doubt, the Consultant will not be restricted from making any claim in respect of the
Contract Price to the extent the Contract Price is outstanding and due and payable.

22. Arrangements on Termination

.292 The Public Body and the Consultant agree that termination or expiry of the Contract shall
not affect either Party's obligations which the Contract provides shall survive the expiration
or termination of the Contract.
.293 After termination or expiry all data, documents and records (whether stored electronically
or otherwise) relating in whole or in part to the provided Consultancy Services shall be
delivered by the Consultant to the Public Body provided that the Consultant shall be entitled
to keep copies thereof to the extent that the information contained therein does not relate
solely to the Consultancy Services or to the extent that the Consultant is required by law to
maintain copies thereof or to the extent that the Consultant was possessed of such data
documents and records prior to the date of the Contract. In addition, the Consultant shall co-
operate fully with the Public Body during the handover leading to the termination of the
Contract. This co-operation shall extend to full access to all documents, reports, summaries
and any other information required to achieve an effective transition without disruption to
routine operational requirements.
23. Cessation of Rights and Obligations
.294 Upon termination of the Contract pursuant to GCC Clauses 21, or upon expiration of this
Contract pursuant to GCC Clause 28 hereof, all rights and obligations of the Parties
hereunder shall cease, except
(a). Such rights and obligations as may have accrued on the date of termination or
expiration;
(b). The obligation of confidentiality set forth in GCC Clause 29 hereof;
(c). The Consultant’s obligation to permit inspection, copying and auditing of their
accounts and records set forth in GCC Clause 52 hereof; and
(d). Any right which a Party may have under the Governing Law.

24. Cessation of Consultancy Services

.295 Upon termination of the Contract by notice of either Party to the other pursuant to GCC
Clause 21 the Consultant shall, immediately upon dispatch or receipt of such notice, take all
necessary steps to bring the Consultancy Services to a close in a prompt and orderly manner
and shall make every reasonable effort to keep expenditures for this purpose to a minimum.
With respect to documents prepared by the Consultant and equipment and materials
furnished by the Public Body, the Consultant shall proceed as provided, respectively, by
GCC Clauses 50 or 62 hereof.
25. Settlement of Disputes
.296 During any dispute, including a dispute as to the validity of the Contract, it is mutually
agreed that the Consultant shall continue its performance of the provisions of the Contract

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(unless the Public Body requests in writing that the Consultant does not do so).
.297 The Public Body and the Consultant shall make every effort to resolve amicably by direct
informal negotiation any disagreement, controversy or dispute arising between them under
or in connection with the Contract or interpretation thereof.
.298 If a dispute arises between the Public Body and the Consultant in relation to any matter
which cannot be resolved by the Authorized Officer and the Consultant's Contract Manager
either of them may refer such dispute to the procedure described in ITC Sub-Clause 25.4.
.299 In the second instance each of the Public Body and the Consultant shall appoint more senior
representatives than those referred to in Sub-Clause 25.3 to meet solely in order to resolve
the matter in dispute. Such meeting(s) shall be minuted and shall be chaired by the Public
Body (but the chairman shall not have a casting vote). Such meeting(s) shall be conducted
in such manner and at such venue (including a meeting conducted over the telephone) as to
promote a consensual resolution of the dispute in question at the discretion of the chairman.
.300 If the Parties fail to resolve such a dispute or difference by conciliation within twenty-eight
(28) days from the commencement of such conciliation, either party may require that the
dispute be referred for resolution through the courts in accordance with Ethiopian Law.
.301 Only those Contracting Authorities that are allowed by law to proceed to arbitration can do
so.
26. Liquidated Damages
.302 Except as provided under GCC Clause 18, if the Consultant fails to perform any or all of
the Consultancy Services within the period specified in the Contract, the Public Body may
without prejudice to all its other remedies under the Contract, deduct from the Contract
Price, as liquidated damages the following:
(a).A penalty of 0.1% or 1/1000 of the value of undelivered Service for each day of delay
until actual delivery or performance,
(b). The cumulative penalty to be paid by the Consultant shall not exceed 10% of the
contract price.
.303 If the delay in performing the contract affects its activities, the Public Body may terminate
the contract by giving advance notice to the Consultant pursuant to GCC Clause 21 without
any obligation to wait until the penalty reaches 10% of the value of the Contract.

27. Commencement of Consultancy Services

.304 This Contract shall come into force and effect on the date (the “Effective Date”) of the
Public Body’s notice to the Consultant instructing the Consultant to begin carrying out the
Consultancy Services. This notice shall confirm that the effectiveness conditions, if any,
listed in the SCC have been met.
.305 The Consultant shall begin carrying out the Services within the time period specified in the
SCC.
.306 If the Contract has not become effective on the date stated in GCC Sub-Clause 27.1, either
Party may, by not less than twenty one (21) days written notice to the other Party, declare
the Contract to be null and void, and in the event of such a declaration by either Party,
neither Party shall have any claim against the other Party with respect hereto.
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28. Intended Completion Date

.307 Unless terminated earlier pursuant to GCC Clause 21 hereof, the Supplier shall complete
the activities by the Intended Completion Date, as specified in the SCC.

29. Confidentiality
.308 The Public Body and the Consultant shall keep confidential and shall not disclose to any
third party any documents, data, or other information furnished directly or indirectly by the
other party hereto in connection with the Contract, whether such information has been
furnished prior to, during or following completion or termination of the Contract if their
disclosure would be contrary to law, would impede law enforcement, would not be in public
interest, would prejudice legitimate commercial interest of the parties or would inhibit fair
competition.. Notwithstanding the above, the Consultant may furnish to its Sub-Consultant
such documents, data, and other information it receives from the Public Body to the extent
required for the Sub-Consultant to perform its work under the Contract, in which event the
Consultant shall obtain from such Sub-Consultant an undertaking of confidentiality similar
to that imposed on the Consultant under this Clause.
.309 The Public Body shall not use such documents, data, and other information received from
the Consultant for any purposes unrelated to the Contract. Similarly, the Consultant shall
not use such documents, data, and other information received from the Public Body for any
purpose other than providing the Consultancy Services required for the performance of the
Contract.
.310 The obligation of a party under this Clause, however, shall not apply to any Confidential
Information that:
(a). The Public Body or Consultant need to share with any other institutions participating in
the financing of the Contract;
(b). Now or hereafter enters the public domain other than by breach of the Contract or other
act or omissions of that Party;
(c). Is obtained by a third party who is lawfully authorized to disclose such information;
(d). Can be proven to have been possessed by that party at the time of disclosure and which
was not previously obtained, directly or indirectly, from the other party; or
(e). Is authorized for release by the prior written consent of the other party.
.311 The Parties shall not be prevented from using any general knowledge, experience or skills
which were in their possession prior to the commencement of the Contract;

.312 The Consultant authorizes the Public Body to disclose the Confidential Information to such
person(s) as may be notified to the Consultant in writing by the Public Body from time to
time to the extent only as is necessary for the purposes of auditing and collating information
so as to ascertain a realistic market price for the Consultancy Services performed in
accordance with the Contract, such exercise being commonly referred to as
"benchmarking". The Public Body shall use all reasonable endeavors to ensure that such
person(s) keeps the Confidential Information confidential and does not make use of the
Confidential Information except for the purpose for which the disclosure is made. The
Public Body shall not without good reason claim that the lowest price available in the
market is the realistic market price.

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.313 The Consultant agrees that:

(a). Subject to Sub-Clause 29.6 (b), the decision on whether any exemption applies to a
request for disclosure of recorded information is a decision solely for the Public Body;
(b). Where the Public Body is managing a request as referred to in Sub-Clause 29.6 (a), the
Consultant shall co-operate with the Public Body making the request and shall respond
within five (5) working days of any request by it for assistance in determining how to
respond to a request for disclosure.
.314 The Consultant shall and shall procure that its Sub-consultants shall provide the Public
Body with a copy of all information in its possession or power in the form that the Public
Body requires within five (5) working days (or such other period as the Public Body may
specify) of the Public Body requesting that Information.
.315 The Public Body may consult the Consultant in relation to any request for disclosure of the
Consultant's Confidential Information in accordance with all applicable guidance.
.316 The above provisions of this Clause shall not in any way modify any undertaking of
confidentiality given by either of the parties hereto prior to the date of the Contract.
.317 This Clause 29 shall remain in force without limit in time in respect of Confidential
Information which comprises Personal Data. Except as aforesaid and unless otherwise
expressly set out in the Contract, this Clause 29 shall remain in force for a period of 3 years
after the termination or expiry of this Contract.
.318 In the event that the Consultant fails to comply with this Clause 29, the Public Body
reserves the right to terminate the Contract by notice in writing with immediate effect.
30. Miscellaneous
.319 Any decision, act or thing that the Public Body is required or authorized to take or do under
the Contract may be taken or done by any person authorized, either generally or
specifically, by the Public Body to take or do that decision, act or thing, provided that upon
receipt of a written request the Public Body shall inform the Consultant of the name of any
person so authorized.
.320 The Consultant may from time to time upon the request of the Public Body, execute any
additional documents and do any other acts or things which may reasonably be required to
implement the provisions of the Contract.
.321 Any provision of the Contract which is held to be invalid or unenforceable in any
jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without
invalidating or rendering unenforceable the remaining provisions hereof and any such
invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable
such provisions in any other jurisdiction.
.322 The failure by the Public Body and Consultant to insist upon the strict performance of any
provision, term or condition of the Contract or to exercise any right or remedy consequent
upon the breach thereof shall not constitute a waiver of any such breach or any subsequent
breach of such provision, term or condition.
.323 Each Party shall bear its own expenses in relation to the preparation, execution and
implementation of the Contract including all costs legal fees and other expenses so
incurred.

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.324 The Consultant warrants represents and undertakes to the Public Body that there are no
pending or threatened actions or proceedings before any court or administrative agency
which would materially adversely affect the financial condition, business or operations of
the Consultant and that there are no material contracts existing to which the Consultant is a
party which prevent it from entering into the Contract; and that the Consultant has satisfied
itself as to the nature and extent of the risks assumed by it under the Contract and gathered
all information necessary to perform its obligations under the Contract and all other
obligations assumed by it.
.325 The rights and remedies provided in the Contract are cumulative and not exclusive of any
rights or remedies provided by any other contract or document. In this provision "right"
includes any power, privilege, remedy, or proprietary or security interest.

Part 18 Obligations of the Public Body

31. Provision of Assistance and Exemptions

.326 Unless otherwise specified in the SCC, the Public Body shall use its best efforts to ensure
that the Government shall:
(a). Provide the Consultant, Sub-Consultants and Personnel with work permits and such
other documents as shall be necessary to enable the Consultant, Sub-Consultants or
Personnel to perform the Consultancy Services.
(b). Arrange for the Personnel and, if appropriate, their eligible dependents to be provided
promptly with all necessary entry and exit visas, residence permits, exchange permits
and any other documents required for their stay in the Federal Democratic Republic of
Ethiopia.
(c). Facilitate prompt clearance through customs of any property required for the Services
and of the personal effects of the Personnel and their eligible dependents.
(d). Issue to officials, agents and representatives of the Government all such instructions as
may be necessary or appropriate for the prompt and effective implementation of the
Services.
(e). Exempt the Consultant and the Personnel and any Sub-Consultants employed by the
Consultant for the Services from any requirement to register or obtain any permit to
practice their profession or to establish themselves either individually or as a corporate
entity in the Federal Democratic Republic of Ethiopia.
(f). Grant to the Consultant, any Sub-Consultants and the Personnel of either of them the
privilege, pursuant to the laws of the Federal Democratic Republic of Ethiopia, of
bringing into the Federal Democratic Republic of Ethiopia reasonable amounts of
foreign currency for the purposes of the Services or for the personal use of the
Personnel and their dependents and of withdrawing any such amounts as may be earned
therein by the Personnel in the execution of the Services.
(g). Provide to the Consultant, Sub-Consultants and Personnel any such other assistance as
may be specified in the SCC.
.327 The Public Body shall supply the Consultant with any information or documentation at its
disposal which may be relevant to the performance of the contract. Such documents shall be
returned to the Public Body at the end of the period of the Contract.
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.328 The Public Body shall issue to its employees, agents and representatives all such
instructions as may be necessary or appropriate to facilitate the prompt and effective
performance of the Consultancy Services.
.329 The Public Body shall give the Consultant access to its premises, where required for the
performance of the Consultancy Services, and assist the Consultant with any security
documentation necessary at the premises where the Consultancy Services are to be
performed in accordance with the Contract.

32. Access to Land

.330 The Public Body warrants that the Consultant shall have, free of charge, unimpeded access
to all land in the Federal Democratic Republic of Ethiopia in respect of which access is
required for the performance of the Services. The Public Body will be responsible for any
damage to such land or any property thereon resulting from such access and will indemnify
the Consultant and each of the Personnel in respect of liability for any such damage, unless
such damage is caused by the default or negligence of the Consultant or any Sub-
Consultants or the Personnel of either of them.

33. Services and Facilities

.331 The Public Body shall make available to the Consultant and the Personnel, for the purposes
of the Services and free of any charge, the services, facilities and property described in
Appendix E at the times and in the manner specified in the said Appendix E.
.332 In case that such services, facilities and property shall not be made available to the
Consultant as and when specified in Appendix E, 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 GCC Clause 38.3 hereinafter.
34. Payment
.333 In consideration of the Services performed by the Consultant under this Contract, the Public
Body shall make to the Consultant such payments and in such manner as is provided by
GCC Paragraph D of this Contract.
35. Counterpart Personnel
.334 The Public Body shall make available to the Consultant free of charge such professional
and support counterpart personnel, to be nominated by the Public Body with the
Consultant’s advice, if specified in the Appendix E.
.335 If counterpart personnel are not provided by the Public Body to the Consultant as and when
specified in Appendix E, the Public Body and the Consultant shall agree on (i) how the
affected part of the Services shall be carried out, and (ii) the additional payments, if any, to
be made by the Public Body to the Consultant as a result thereof pursuant to GCC Clause
38.3 hereof.
.336 Professional and support counterpart personnel, excluding Public Body’s liaison personnel
shall work under the exclusive direction of the Consultant. If any member of the counterpart
personnel fails to perform adequately any work assigned to such member by the Consultant
that is consistent with the position occupied by such member, the Consultant may request
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the replacement of such member, and the Public Body shall not unreasonably refuse to act
upon such request.

Part 19 Payments to the Consultant

36. Contract Price and Currency
.337 The Contract Price shall be expressed as a specific amount in the Agreement representing:
(a). The total amount payable for a Lump Sum contract; or
(b). The estimated amount for a Time-Based contract.
.338 All payment to the Consultant under this Contract shall be made in currency specified in the
SCC.

37. Type of Contract

.339 In consideration of the Services performed by the Consultant under the Contract, the Public
Body shall make to the Consultant such payments in such manner as is provided by the
Contract.
.340 The type of contract shall be as specified in the SCC and payment shall be in accordance
with the provisions of:
(a). GCC Clause 38, Option 1 in the case of Lump Sum contracts; or
(b). GCC Clause 39, Option 2 in the case of Time-Based contracts.

38. Option 1 – Payments in respect of Lump Sum Contracts

.341 The total payment due to the Consultant shall not exceed the Contract Price which is an all
inclusive fixed lump-sum including all Personnel costs, Sub-consultants’ costs, printing,
communications, travel, accommodation, and all other costs required to carry out the
Services described in Appendix D.
.342 Except as provided in GCC Clause 15, the Contract Price may only be increased if the
Parties have agreed to additional payments in accordance with GCC Clause 14.
.343 For the purpose of determining the remuneration due for additional services as may be
agreed under GCC Clause 14, a breakdown of the lump-sum price is provided in the
Contract.

39. Option 2 – Payments in respect of Time-Based Contracts

.344 The Contract Price shall be an estimated amount, based on the Breakdown of Cost
Estimates in Appendix D.
.345 Except as may be otherwise agreed under GCC Clause 14 and subject to GCC Clause 39.3,
payments under this Contract shall not exceed the ceilings in foreign currency and in local
currency specified in the Contract.
.346 Notwithstanding GCC Clause 39.2 hereof, if pursuant to any of the Clauses 15, 33 or 35
hereof, the Parties shall agree that additional payments in local and/or foreign currency, as
the case may be, shall be made to the Consultant in order to cover any necessary additional
expenditures not envisaged in the cost estimates referred to in GCC Clause 39.1 above, the
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ceiling or ceilings, as the case may be, set forth in GCC Clause 39.2 above shall be
increased by the amount or amounts, as the case may be, of any such additional payments.
.347 Subject to the ceilings specified in GCC Clause 39.2 hereof, the Public Body shall pay to
the Consultant (i) remuneration as set forth in GCC Clause 39.5 hereunder, and (ii)
reimbursable expenses as set forth in GCC Clause 39.6 hereunder. Said remuneration shall
be fixed for the duration of the Contract.
.348 Payment for the Personnel shall be determined on the basis of time actually spent by the
Personnel in the performance of the Services after the date determined in accordance with
the Commencement Date of the Services, or such other date as the Parties may agree in
writing, and at the rates specified in the Contract. Personnel time spent in the performance
of the Services shall include time for necessary travel via the most direct route, at the rates
detailed in the Contract, unless otherwise specified in the SCC.
.349 Reimbursable expenses shall include costs actually and reasonably incurred by the
Consultant in the performance of the Services, as specified in the Contract.
.350 The remuneration rates referred to under GCC Sub-Clause 39.5 here above shall cover: (i)
such salaries and allowances as the Consultant shall have agreed to pay to the Personnel as
well as factors for social charges and overhead (bonuses or other means of profit-sharing
shall not be allowed as an element of overhead), (ii) the cost of backstopping by home
office staff not included in the Personnel listed in Appendix C, and (iii) the Consultant’s
fee.
.351 Any rates specified for Personnel not yet appointed shall be provisional and shall be subject
to revision, with the written approval of the Public Body, once the applicable salaries and
allowances are known.
.352 Payments for periods of less than one month shall be calculated on an hourly basis for
actual time spent in the Consultant’s home office and directly attributable to the Services
(one hour being equivalent to 1/176th of a month) and on a calendar-day basis for time
spent away from home office (one day being equivalent to 1/30th of a month).
40. Payment Schedule and Advance Payment
.353 All payments under the Contract shall be made in accordance with the payment schedule
specified in the SCC.
.354 When the SCC indicates advance payment, this will be due after provision by the
Consultant to the Public Body of an advance payment security in an amount equal to the
advance payment Consultants receives in the form of a certified cheque or unconditional
bank guarantee at its option from a reputable bank, together with its request for advance
payment as per the contract. Such guarantee (i) to remain effective until the advance
payment has been fully set off and (ii) to be in the form set forth in the Contract, or in such
other form as the Public Body shall have approved in writing. The advance payments will
be set off by the Public Body in equal installments against the statements for the number of
months of the Services specified in the SC until said advance payments have been fully set
off.
.355 If the Consultant requests an advance payment the advance payment may be paid by the
Public Body in an amount not exceeding 30% of the total contract price.
.356 Should the advance payment security cease to be valid and the Consultant fails to re-
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validate it, a deduction equal to the amount of the advance payment may be made by the
Public Body from future payments due to the Consultant under the Contract.
.357 If a Contract is terminated for any reason, the guarantee securing the advance payment may
be invoked in order to recover the balance of the advance payment still owed by the
Consultant.
41. Mode of Billing and Terms of Payment
.358 In consideration of the Consultant's due and proper performance of its obligations under the
Contract, the Public Body shall pay Consultant in accordance with this Clause.
.359 As soon as practicable and not later after the end of each time intervals during the period of
the Services as indicated in the SCC, the Consultant shall submit to the Public Body, in
duplicate, itemized invoices, accompanied by copies of vouchers and other appropriate
supporting materials, of the amounts payable pursuant to this Clause for period indicated in
the SCC.
.360 Separate invoices shall be submitted in respect of amounts payable in foreign currency and
in local currency. Each invoice shall distinguish that portion of the total eligible costs which
pertains to remuneration from that portion which pertains to reimbursable expenses.
.361 The Consultant's invoice shall be correctly rendered if:
(a). The invoice is addressed to the Public Body's officer specified in the Contract to
receive invoices and identifies the number of relevant Contract;
(b). The invoice includes date of issuance and its serial number;
(c). The amount claimed in the invoice is due for payment;
(d). The amount specified in the invoice is correctly calculated in accordance with the
Contract;
(e). The invoice is set out in a manner that enables the Public Body's to ascertain which
Consultancy Service the invoice covers (description, quantity, and unit of measure) and
the respective Price, or Charge payable in respect of that Service;
(f). The invoice includes the name and address of Consultant to whom payment is to be
sent;
(g). The invoice includes the name, title, and phone number of person to notify in the event
of defective invoice;
(h). The invoice includes Consultant's bank account information, and
(i). The invoice is, where appropriate, certified as sales tax exempt.
Failure to provide such information will entitle the Public Body's to delay payment of the
Contract Price until such information is provided.
.362 The Public Body shall pay any invoice submitted by the Consultant in accordance with
GCC Clause 41.4 within the period specified in the SCC and upon receipt by the Public
Body of such invoices and supporting documents. Only such portion of an invoice that is
not satisfactorily supported may be withheld from payment.
.363 The Public Body shall notify the Consultant of the inadmissibility of a request for payment
due to an error, discrepancy, omission or any other reason so that the Parties may resolve
such error, discrepancy, omission or other fault and agree a solution to enable payment of
the corrected request for payment. The Public Body shall not unreasonably withhold
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payment of any undisputed portion of a request for payment. Should any discrepancy be
found to exist between actual payment and costs authorized to be incurred by the
Consultant, the Public Body may add or subtract the difference from any subsequent
payments.
.364 Where the Consultant is required to provide Deliverables, the Public Body shall be
entitled to withhold payment of the Contract Price pending receipt and acceptance of the
Deliverables in accordance with the Terms of Reference.
.365 The final payment under this Clause shall be made only after the final report and a
final invoice, identified as such, shall have been submitted by the Consultant and approved
as satisfactory by the Public Body. The Services shall be deemed completed and finally
accepted by the Public Body and the final report and final invoice shall be deemed
approved by the Public Body as satisfactory ninety (90) calendar days after receipt of the
final report and final invoice by the Public Body unless the Public Body, within such ninety
(90) day period, gives written notice to the Consultant specifying in detail deficiencies in
the Services, the deliverables or final invoice. The Consultant shall thereupon promptly
make any necessary corrections, and thereafter the foregoing process shall be repeated.
.366 Any amount, which the Public Body has paid or caused to be paid in accordance with
this Clause in excess of the amounts actually payable in accordance with the provisions of
this Contract, shall be reimbursed by the Consultant to the Public Body within thirty (30)
days after receipt by the Consultant of notice thereof. Any such claim by the Public Body
for reimbursement must be made within twelve (12) calendar months after receipt by the
Public Body of a final report and a final invoice approved by the Public Body in accordance
with the above
.367 All payments under this Contract shall be made to the accounts of the Consultant and
in currency specified in the SCC Sub-Clause 36.2.
.368 Payments in respect of remuneration or reimbursable expenses, which exceed the cost
estimates for these items as set forth in the Contract, may be charged to the respective
contingencies provided for foreign and local currencies only if such expenditures were
approved by the Public Body prior to being incurred.
.369 With the exception of the final payment under GCC Sub-Clause 41.8 above, payments
do not constitute acceptance of the Services nor relieve the Consultant of any obligations
hereunder.

42. Price Adjustments

.370 Contracts Prices shall be fixed throughout the Consultant's performance of the
Contract and not subject to adjustment on any account.
.371 This provision remains in effect for the duration of the contract once it becomes
effective.
.372 Where the time for completion of a consultancy service under a contract is extended
for a reason not attributable to the fault of the consultant, the Public Body may make price
adjustment, if it considers that such adjustment is appropriate.
.373 Notwithstanding the provision of GCC Sub-Clause 42.3 above, price adjustment
allowed for Consultant shall not exceed 15% (fifteen percent) of the total contract price.
.374 The conditions for price adjustment, the means by which requests for price adjustment

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are communicated and types of evidence and number of copies of supporting documents to
be submitted together with price adjustment requests are defined in SCC.
.375 A discount offered by the Consultant under this Contract may be increased at any time
during the Term of this Contract, which increased discount takes effect on the date on
which the Public Body receives notification of that increased discount from the Consultant,
unless another date is agreed in writing between the Parties.
.376 Any discount offered by the Consultant under this Contract cannot be reduced during the
Term of this Contract without the agreement in writing of the Public Body.

Part 20 Obligations of the Consultant

43. Consultant’s Responsibilities
.377 The Consultant shall perform the Consultancy Services and carry out their obligations
hereunder with all due diligence, efficiency and 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 Public Body, and shall at all times
support and safeguard the Public Body’s legitimate interests in any dealings with Sub-
Consultants or Third Parties.
.378 The Consultant shall respect and abide by all applicable laws and regulations in force.
The Consultant shall indemnify the Public Body against any claims and proceedings arising
from any infringement by the Consultant, its sub-consultants or their employees of such
laws and regulations.
.379 The Consultant shall ensure that Consultancy Services conform to applicable
environmental and quality standards, that no chemical or other product/equipment is used in
such a way as to cause negative impact on the environment in general and occupational
health hazards for the personnel of the Public Body in particular, and shall employ the most
recent technology, safe and effective equipment, machinery, materials and methods, as
necessary. The Consultant shall always act, in respect of any matter relating to this
Contract, to safeguard the Public Body's legitimate interests, pursuant to Conditions of this
Contract
.380 The Consultant shall obtain the Public Body's prior approval in writing before taking
any of the following actions:
(a). Entering into a subcontract for the performance of any part of the Consultancy
Services, it being understood that the Consultant shall remain fully liable for the
performance of the Consultancy Services by the Sub-Consultant and its Personnel
pursuant to the Appendix C;
(b). Any other action that may be specified in the SCC.
.381 The Consultant shall furnish the Public Body with any personnel data or information
required by the Public Body to arrange the provision of documentation required in
accordance with GCC Clause 31.3.
.382 The Consultant shall comply with administrative orders given by the specific contract

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manager. Where the Consultant considers that the requirements of an administrative order
go beyond the authority of the specific contract manager or of the scope of the contract, it
shall, on pain of being time-barred, notify the specific contract manager, explaining its
opinion, within 30 days after receipt thereof. Execution of the administrative order shall not
be suspended because of this notice.
.383 The Consultant shall treat all documents and information received in connection with the
contract as private and confidential, and shall not, save in so far as may be necessary for the
purposes of the performance thereof, publish or disclose any particulars of the contract
without the prior consent in writing of the Public Body or the specific contract manager
after consultation with the Public Body. If any disagreement arises as to the necessity for
any publication or disclosure for the purpose of the contract, the decision of the Public
Body shall be final.
44. Eligibility

.384 The Consultant and its Sub-consultants shall have the nationality of an eligible country. A
Consultant or Sub-Consultant shall be deemed to have the nationality of a country if it is a
citizen or constituted, incorporated, or registered, and operates in conformity with the
provisions of the laws of that country.
.385 The Consultant and its Sub-consultants shall provide Personnel who shall be citizens of
eligible countries and use goods with their origin from an eligible country.

45. Code of Conduct

.386 The Consultant shall, at all times, act loyally and impartially and as a faithful adviser to the
Public Body in accordance with the rules and/or code of conduct of its profession as well as
with appropriate discretion. The Consultant shall, in particular, at all times refrain from
making any public statements concerning the Consultancy Services without the prior
approval of the Public Body, and from engaging in any activity which conflicts with its
obligations towards the Public Body under the contract. It shall not commit the Public Body
without its prior written consent, and shall, where appropriate, make this obligation clear to
third parties.
.387 If the Consultant or any of its Sub-consultants, personnel, agents or servants offers to give
or agrees to offer or to give or gives to any person, any bribe, gift, gratuity or commission
as an inducement or reward for doing or forbearing to do any act in relation to the contract
or any other contract with the Public Body, or for showing favor or disfavor to any person
in relation to the contract or any other contract with the Public Body, then the Public Body
may terminate the contract, without prejudice to any accrued rights of the Consultant under
the contract.
.388 The payments to the Consultant under the contract shall constitute the only income or
benefit it may derive in connection with the contract and neither it nor its personnel shall
accept any commission, discount, allowance, indirect payment or other consideration in
connection with, or in relation to, or in discharge of, its obligations under the contract.
.389 The Consultant shall not have the benefit, whether directly or indirectly, of any royalty,
gratuity or commission in respect of any patented or protected article or process used in or
for the purposes of the contract or the project, without the prior written approval of the

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Public Body.
.390 The Consultant and its staff shall maintain professional secrecy, for the duration of the
contract and after completion thereof. In this connection, except with the prior written
consent of the Public Body, neither the Consultant nor the personnel employed or engaged
by it shall at any time communicate to any person or entity any confidential information
disclosed to them or discovered by them, or make public any information as to the
recommendations formulated in the course of or as a result of the Consultancy Services.
Furthermore, they shall not make any use prejudicial to the Public Body, of information
supplied to them and of the results of studies, tests and research carried out in the course
and for the purpose of performing the contract.
.391 The execution of the contract shall not give rise to unusual commercial expenses. If
such unusual commercial expenses emerge, the contract will be terminated. Unusual
commercial expenses are commissions not mentioned in the contract or not stemming from
a properly concluded contract referring to the contract, commissions not paid in return for
any actual and legitimate service, commissions remitted to a tax haven, commissions paid
to a recipient who is not clearly identified or commission paid to a company which has
every appearance of being a front company.
.392 The Consultant shall supply to the Public Body on request supporting evidence
regarding the conditions in which the contract is being executed. The Public Body may
carry out whatever documentary or on-the spot checks it deems necessary to find evidence
in case of suspected unusual commercial expenses.

46. Conflict of Interests

.393 The Consultant shall hold the Public Body’s interests paramount, without any
consideration for future work, and strictly avoid conflict with other assignments or their
own corporate interests.
Prohibition of Conflicting Activities
.394 The Consultant shall take all necessary measures to prevent or end any situation that
could compromise the impartial and objective performance of the Contract. The Consultant
shall not engage, and shall cause their personnel as well as their Sub-Consultants and their
personnel not to engage, either directly or indirectly, in any business or professional
activities that would conflict with the activities assigned to them under this Contract. Such
conflict of interests could arise in particular as a result of economic interest, family or
emotional ties, or any other relevant connection or shared interest. Any conflict of interests,
which could arise during performance of the Contract, must be notified in writing to the
Public Body without delay.
.395 The Public Body reserves the right to verify that such measures are adequate and may
require additional measures to be taken if necessary. The Consultant shall ensure that its
staff, including its management, is not placed in a situation, which could give rise to
conflict of interests. Without prejudice to Clause 24, the Consultant shall replace,
immediately and without compensation from the Public Body, any member of its staff
exposed to such a situation.
.396 The Consultant shall refrain from any contact, which would compromise its
independence or that of its personnel. If the Consultant fails to maintain such independence,

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the Public Body may, without prejudice to compensation for any damage, which it may
have suffered on this account, terminate the contract forthwith, without giving formal notice
thereof.
Consultant Not to Benefit from Commissions Discounts, etc.
.397 The payment of the Consultant pursuant to Paragraph D hereof shall constitute the
Consultant’s only payment in connection with this Contract and, subject to GCC Sub-
Clause 46.7 hereof, the Consultant shall not accept for its own benefit any trade
commission, discount or similar payment in connection with activities pursuant to this
Contract or in the discharge of its obligations hereunder, and the Consultant shall use its
best efforts to ensure that any Sub-Consultants, as well as the Personnel and agents of either
of them, similarly shall not receive any such additional payment.
.398 Furthermore, if the Consultant, as part of the Consultancy Services, has the responsibility of
advising the Public Body on the procurement of goods, works or services, the Consultant
shall comply with the Federal Democratic Republic of Ethiopia's applicable procurement
regulations, and shall at all times exercise such responsibility in the best interest of the
Public Body. Any discounts or commissions obtained by the Consultant in the exercise of
such procurement responsibility shall be for the account of the Public Body.
Consultant and Affiliates Not to Engage in Certain Activities

.399 The Consultant agrees that, during the term of this Contract and after its termination, the
Consultant and any entity affiliated with the Consultant, as well as any Sub-Consultants and
any entity affiliated with such Sub-Consultants, shall be disqualified from providing goods,
works or services (other than Consultancy services) for the preparation or implementation
of any project resulting from or directly related to the Consultant’s Services.

47. Indemnification and Limitation of Liability

.400 At its own expense, the Consultant shall indemnify, protect and defend, the Public Body, its
agents and employees, from and against all actions, claims, losses or damage arising from
any act or omission by the Consultant in the performance of the Consultancy Services,
including any violation of any legal provisions, or rights of third parties, in respect of
patents, trademarks and other forms of intellectual property such as copyrights.
.401 At its own expense, the Consultant shall indemnify, protect and defend the Public Body, its
agents and employees, from and against all actions, claims, losses or damages arising out of
the Consultant’s failure to perform its obligations provided that:
(a). The Consultant is notified of such actions, claims, losses or damages not later than 30
days after the Public Body becomes aware of them;
(b). The ceiling on the Consultant’s liability shall be limited to an amount equal to total
Contract Price as stated in the SCC, but such ceiling shall not apply to actions, claims,
losses or damages caused by the Consultant’s willful misconduct;
(c). The Consultant’s liability shall be limited to actions, claims, losses or damages directly
caused by such failure to perform its obligations under the contract and shall not
include liability arising from unforeseeable occurrences incidental or indirectly
consequential to such failure.

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.402 The aggregate liability of the Consultant to the Public Body shall not exceed the total
contract value.
.403 The Consultant shall have no liability whatsoever for actions, claims, losses or damages
occasioned by:
(a). The Public Body omitting to act on any recommendation, or overriding any act,
decision or recommendation, of the Consultant, or requiring the Consultant to
implement a decision or recommendation with which the Consultant disagrees or on
which it expresses a serious reservation; or
(b). The improper execution of the Consultant’s instructions by agents, employees or
independent Consultants of the Public Body.
.404 The Consultant shall remain responsible for any breach of its obligations under the contract
for such period after the Consultancy Services have been performed as may be determined
by the law governing the contract.
48. Insurance to be Taken Out by the Consultant
.405 Upon execution of this Contract and prior to beginning work under a Service Purchase
Order the Consultant shall take out, maintain and shall cause any Sub-consultants to take
out, maintain, and keep in force at their own cost insurance coverage against the risks and
terms and conditions as specified in SCC.

(a). Medical insurance for itself and other persons employed or contracted by it under the
Contract. The Public Body shall be under no liability in respect of the medical expenses
of the Consultant.
(b). The Consultant's liability in respect of sickness or industrial accident affecting its
employees;
(c). Loss of, or damage to, the Public Body equipment used to perform the Contract;
(d). Civil liability in the event of accidents caused to third parties or to the Public Body and
any employee of that Entity arising out of the performance of the Contract;
(e). Accidental death or permanent disability resulting from bodily injury incurred in
connection with the Contract.
.406 By requiring such insurance, Public Body shall not be deemed or construed to have
assessed the risk that may be applicable to the Consultant under this Contract. The
Consultant shall assess its own risks and if deemed to be appropriate and/or prudent, should
maintain adequate limits and/or broader insurance coverage than that stipulated above. The
Consultant is not relieved of any liability or other obligations assumed or pursuant to the
Contract by reason of its failure to obtain or maintain insurance in sufficient amounts,
duration, or types.
.407 Insurance shall be provided at the Consultant’s expense and shall not be charged directly to
the Public Body.
.408 Insurance policies required by this clause shall be written by an Insurance Carrier licensed
to do business in the Federal Democratic Republic of Ethiopia.
.409 The insurance coverage shall be maintained for the entire duration of the Contract. The
Public Body shall be notified by the Consultant or its Insurance Carrier at least 30 days
prior to any material change to or cancellation of any of insurance coverage.
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.410 Upon execution of this Contract and prior to beginning work under a Service Purchase
Order, the Consultant or its Insurance Carrier shall provide a Certificate(s) of Insurance
(COI) evidencing compliance with all requirements for insurance coverage. The COI shall
be submitted to the Public Body for review and approval. For the duration of the Contract,
the Consultant or its Insurance Carrier shall provide updated COI’s to evidence renewals or
other changes to insurance policies or coverage.
.411 The Consultant, at the Public Body’s request, shall provide evidence to the Public Body
showing that such insurance has been taken out and maintained and that the current
premiums therefore have been paid.
49. Health and Safety
.412 While providing Consultancy Services, the Consultant shall comply, and shall ensure that
its employees comply with, the requirements of relevant Health and Safety and other
relevant legislation, including regulations and codes of practice issued thereunder, and with
the Public Body's own policies and procedures.
.413 The Consultant shall at all times maintain a specific Health and Safety at Work policy
relating to the employment of his own staff whilst carrying out their duties in relation to the
Contract on the Public Body's premises.
.414 The Consultant will be required to nominate a Health and Safety Representative to liaise
with the Authorized Officer on all Health and Safety matters.
.415 The Consultant’s staff shall follow a system of accident recording in accordance with the
Public Body's accident recording procedure and the Consultant’s own accident reporting
procedures.
.416 All notifiable accidents shall immediately be brought to the attention of the Authorized
Officer.
.417 The Consultant shall ensure the co-operation of its personnel in all prevention measures
designed against fire, or any other hazards, and shall notify the Public Body of any change
in the Consultant's working practices or other occurrences likely to increase such risks or to
cause new hazards.
.418 The Consultant’s staff shall be trained to recognize situations which involve an actual or
potential hazard including:
(a). danger of personal injury to any person on the Public Body's premises and
(i) where possible, without personal risk, make safe any such situation; or
(ii) report any such situation to the Authorized Officer;
(b). fire risks and fire precautions and procedures including attendance at fire lectures/drills
in accordance with the Public Body's policies;
(c). security;
(d). risk management;
(e). major incident;
.419 The Consultant shall provide such first aid facilities and ensure that his staffs abide by such
first aid procedures as shall be required by the Public Body.
.420 The Consultant shall at any time ensure that the equipment used and procedures operated
conform to the Public Body’s Fire Policy.

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.421 The Consultant shall co-operate with the Public Body's Fire, Security and Safety Advisors
and shall comply with their reasonable instructions.

50. Intellectual and industrial property rights

.422 All reports and data such as maps, diagrams, drawings, specifications, plans, statistics,
calculations, databases, software and supporting records or materials acquired, compiled or
prepared by the Consultant in the performance of the contract shall become and remain the
absolute property of the Public Body. The Consultant shall, not later than upon termination
or expiration of this contract, deliver all such documents, software, and data to the Public
Body. The Consultant may not retain copies of such documents, software, and data and
shall not use them for purposes unrelated to the Contract without the prior written consent
of the Public Body.
.423 If license agreements are necessary or appropriate between the Consultant and third parties
for purposes of development of any such computer programs, the Consultant shall obtain
the Public Body’s prior written approval to such agreements, and the Public Body shall be
entitled at its discretion to require recovering the expenses related to the development of the
program(s) concerned. Other restrictions about the future use of these documents and
software, if any, shall be specified in the SCC.
.424 The Consultant shall not publish articles relating to the Consultancy Services or refer to
them when carrying out any Consultancy Services for others, or divulge information
obtained from the Public Body, without the prior written consent of the Public Body.
.425 Any results or rights thereon, including copyright and other intellectual or industrial
property rights, obtained in performance of the Contract, shall be the absolute property of
the Public Body, which may use, publish, assign or transfer them as it sees fit, without
geographical or other limitation, except where intellectual or industrial property rights
already exist.
.426 The Consultant agrees to indemnify and keep indemnified the Public Body against any
costs, claims, proceedings, expenses and demands arising from the use, application, supply
or delivery of any Deliverable, process, article, matter or thing supplied under the Contract
that would constitute or is alleged to constitute any infringement of any person's Intellectual
Property Rights.

51. Reporting Obligations

.427 The Consultant shall submit to the Public Body the reports and documents specified in
Appendix B hereto in the form, in the numbers, and within the periods set forth in the said
Terms of Reference. Final reports shall be delivered in CD ROM in addition to the hard
copies specified in the said Appendix.
52. Accounting, Inspection and Auditing
.428 The Consultant shall keep, and shall cause its Sub-consultants to keep, accurate and
systemic accounts and records in respect of the Contract, in accordance with internationally
accepted accounting principles and in such form and detail as will clearly identify all
relevant time charges and costs.
.429 For the purpose of the examination and certification of the Public Body's accounts; or
any examination of the economy, efficiency and effectiveness with which the Public Body

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has used its resources, the Federal Auditor General and the Public Procurement and
Property Administration Agency or its auditors may inspect all accounts and records
relating to the performance of the Contract and the submission of the Proposal to
provide the Consultancy Services which are owned, held or otherwise within the control
of the Consultant and may require the Consultant to produce such oral or written
explanation as he considers necessary. The Consultant acknowledges that it will fully
cooperate with any counter fraud policy or investigation carried out by authorized body at
any time.
53. Data Protection
.430 The Consultant shall comply with all applicable data protection legislation. In particular the
Consultant agrees:
(a). To maintain appropriate technical and organizational security measures;
(b). To only process Personal Data for and on behalf of the Public Body, in accordance
with the instructions of the Public Body and for the purpose of performing its
obligations under the Contract;
(c). To allow the Public Body to audit the Consultant's compliance with the requirements of
this Clause on reasonable notice and/or to provide the Public Body with evidence of its
compliance with the obligations set out in this Clause.
.431 The Consultant agrees to indemnify and keep indemnified the Public Body against all
claims and proceedings and all liability, loss, costs and expenses incurred in connection
therewith by the Public Body as a result of any claim made or brought by any individual or
other legal person in respect of any loss, damage or distress caused to that individual or
other legal person as a result of the Consultant's unauthorized processing, unlawful
processing, destruction of and/or damage to any Personal Data processed by the Consultant,
its employees or agents in the Consultant's performance of the Contract or as otherwise
agreed between the Parties.
54. Review
.432 The Consultant shall attend formal review meetings (each such meeting being a "Review"),
as required by the Authorized Officer, to discuss the Public Body's levels of satisfaction in
respect of the Consultancy Services provided under the Contract and to agree any necessary
action to address areas of dissatisfaction. The Consultant will not obstruct or withhold its
agreement to any such necessary action. Such Reviews shall be attended by duly authorized
and sufficiently senior employees of both the Public Body and the Consultant together with
any other relevant attendees. The Parties shall agree a standing agenda for such Reviews.
55. Performance Security
.433 The Consultant shall, within fifteen (15) days from signing the contract, provide a
Performance Security for the due performance of the Contract in the amount specified in the
SCC.
.434 The proceeds of the Performance Security shall be payable to the Public Body as
compensation for any loss resulting from the Consultant’s failure to complete its obligations
under the Contract.
.435 The Performance Security shall be denominated in currency specified in the SCC, and
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shall be in the form of cash, cheque certified by a reputable bank, letter of credit, or Bank
Guarantee in the format specified in the SCC.
.436 The Performance Security shall be discharged by the Public Body and returned to the
Consultant not later than twenty-eight (28) days following the date of completion of the
Consultant’s performance obligations under the Contract, including any warranty
obligations, unless specified otherwise in the SCC.
.437 Notwithstanding the provision of GCC Sub-Clause 55.2 above, the Performance
Security may be returned to the Consultant where the Procurement Endorsing Committee
ascertains that the noncompliance of the Consultant does not affect the interest of, or entail
additional cost on the Public Body and is not due to the fault of the Consultant.
.438 The Public Body shall be required to submit any document in its possession in relation
to a procurement in which it authorizes the return of the Performance Security to the
Consultant and account for its action under the preceding GCC Sub-Clause 55.5 of this
GCC to the Public Procurement and Property Administration Agency or other competent
body if and when required to do so.

Part 21 Performance of the Contract

56. Scope of Consultancy Services
.439 The Consultancy Services to be provided shall be as specified in the Section 9, Appendix A.
.440 The Consultancy Services shall be performed at Public Body's locations in accordance with
instructions in the Appendix A or as agreed by the Parties in writing.

57. Deliverables
.441 Wherever the Consultancy Services require the Consultant to provide a Deliverable:
(a). Such Deliverable will be delivered in the form prescribed and in accordance with the
Terms of Reference. If no such form is prescribed in the Terms of Reference, the
Consultant will provide Deliverables in a professional form to the requirements
(including as to time of delivery) notified to the Consultant by the Authorized Officer;
(b). The Public Body may accept such Deliverable or reject it in its reasonable discretion on
the grounds that such Deliverable is (in whole or in part) not of satisfactory quality
and/or does not meet the brief set out in the Terms of Reference or the requirements
otherwise made known to the Consultant by the Public Body;
(c). The Public Body will not reject any Deliverable (wholly or in part) without providing
written reasons to the Consultant as to why such Deliverable has been rejected;
(d). Any dispute as to whether the Public Body has exercised its right to reject any
Deliverable reasonably shall be resolved by the Settlement of Disputes Procedure; and
.442 Any Deliverables which are rejected shall be replaced by the Consultant (at no extra charge
to the Public Body) by Deliverables which are reasonably satisfactory to the Authorized
Officer.

58. Performance of the Consultancy Services

.443 Subject to GCC Clause 62.1, the Consultant shall provide at its own expense all staff,
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equipment, tools, appliances, materials or items required for the provision of the
Consultancy Services to the Contract Standard.
.444 To the extent that the Terms of Reference include the date, format and method of
delivery of the Consultancy Services and Deliverables and/or the applicable performance
measures, performance due-by dates, minimum performance levels and methods of
performance measurement in respect of the Consultancy Services, the Consultant will abide
by the same.
.445 Time shall be of the essence with regard to the obligations of the Consultant under the
Contract.
.446 If the Terms of Reference provides for performance of the Consultancy Services in
stages, the Consultant undertakes to perform the Consultancy Services in strict compliance
with the timetable for stages as provided in the Terms of Reference.
.447 The Public Body and the Consultant will co-operate with each other in good faith and
will take all reasonable action as is necessary for the efficient transmission of information
and instructions and to enable the Public Body to derive the full benefit of the Contract. At
all times in the performance of the Consultancy Services, the Consultant will co-operate
fully with any other Consultants appointed by the Public Body in connection with other
Consultancy Services at the Locations.
.448 In addition to any more specific obligations imposed by the terms of the Contract, it
shall be the duty of the Consultant to notify the Public Body of all significant changes to
staffing, rates of pay or conditions of employment, or hours of work or other technological
changes at least one month prior to the implementation of any such revised arrangements.
.449 The Consultant shall provide information in a format, medium and at times specified
by the Public Body, related to the performance of the Consultancy Services as may be
reasonably required.
.450 If at any time the Consultant becomes aware of any act or omission or any proposed
act or omission by the Public Body or by any member, official or employee of the Public
Body which prevents or hinders or may prevent or hinder the Consultant from providing the
Consultancy Services in accordance with the Contract then the Consultant shall
immediately inform the Authorized Officer of that fact. For the avoidance of doubt, the
Consultant’s compliance with this Clause shall not in any way relieve the Consultant of any
of its obligations under the Contract.

.451 The Public Body shall provide the Consultant with copies of its policies, rules,
procedures and quality standards (and shall promptly inform the Consultant of any
amendments to such documents) to enable the Consultant to comply with its obligations
under the Contract.
.452 The Public Body may, where necessary, require the Consultant to set up and maintain
appropriate policies, rules, procedures and quality standards in relation to the employment
of his own staff whilst carrying out their duties in relation to the Contract at the Location.
This shall include, but not be limited to, disciplinary and grievance procedures. The
Consultant shall provide the Public Body with copies of such policies, rules, procedures and
quality standards (and shall promptly inform the Public Body of any amendments to such
documents).

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.453 The Consultant will immediately notify the Public Body of any actual or potential
problems relating to the Consultant’s own Consultants that affects or might affect his ability
to provide the Consultancy Services.
.454 The Consultant will be responsible for providing the Consultancy Services to the
Contract Standard at all times.
.455 The Consultant will immediately notify the Public Body of any actual or potential
industrial action, including strike action, whether such action is of his own staff or others
that affects or might affect his ability at any time to provide the Consultancy Services.
.456 The Consultant will be responsible for providing and maintaining the Consultancy
Services to the Contract Standard during industrial action, at no additional cost to the Public
Body. The Consultant must have in place contingency plans and arrangements which are
approved by the Public Body.

59. Performance Measurement

.457 In addition to any more specific obligations imposed by the terms of the Contract, it
shall be the duty of the Consultant to provide the Consultancy Services to the Contract
Standard which in all respects shall be to the satisfaction of the Authorized Officer.
.458 The Consultant shall institute and maintain a properly documented system of quality
control as set out in the Terms of Reference and which is to the satisfaction of the
Authorized Officer to ensure that the Contract Standard is met.
.459 In addition to any other rights of the Public Body under the Contract, the Authorized
Officer shall be entitled to inspect the Consultant’s quality control system referred to in
GCC Clause 59.2 above.
.460 During the Contract Period, the Authorized Officer may inspect and examine the
provision of the Consultancy Services being carried out without notice at any time. The
Consultant shall provide to the Public Body all such facilities as the Public Body may
require for such inspection and examination.
.461 If any part of any Service is found to be different in any way from the Terms of
Reference or otherwise has not been provided to the Contract Standard other than as a result
of a default or negligence on the part of the Public Body, the Consultant shall at its own
expense re-perform the Consultancy Services in question (without additional remuneration)
within such time as the Public Body may reasonably specify failing which the Public Body
shall be entitled to procure performance of the defective Consultancy Services from a third
party or to execute the tasks in question itself. If the cost to the Public Body of executing or
procuring such Consultancy Services exceeds the amount that would have been payable to
the Consultant for such Consultancy Services, the excess shall be paid by the Consultant to
the Public Body on demand in addition to any other sums payable by the Consultant to the
Public Body in respect of the breach of Contract.
.462 If the performance of the Contract by the Consultant is delayed by reason of any act or
default on the part of the Public Body or, by any other cause that the Consultant could not
have reasonably foreseen or prevented and for which it was not responsible, the Consultant
shall be allowed a reasonable extension of time for completion of the Consultancy Services
so affected.
.463 For each Service, the Public Body shall ascertain whether the Consultant's provision of
the Service in question meets any performance criteria as specified in the Terms of
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Reference or, if the criteria are not so specified, meets the standards of a professional
provider of the Consultancy Services. On or before the fifteenth working day of each
calendar month during the Contract Period and within 14 days after termination of the
Contract, the Public Body may:
(a). in respect of each of the Consultancy Services during the preceding calendar month,
provide to the Consultant a notice (each called a "Performance Notice") which shall set
out a statement of the Public Body's dissatisfaction with the Consultant's performance
and provision of the Consultancy Services;
(b). each Performance Notice issued by the Public Body shall include a proposed rebate of
the Contract Price commensurate to the under-performance of the Consultant as
recorded in the Performance Notice;
(c). if the Consultant disputes any matter referred to in any Performance Notice and/or the
proposed rebate of the Contract Price, the Consultant may raise this objection with the
Public Body and if this matter is not resolved within 7 days the matter shall be referred
to the Settlement of Disputes Procedure; and
(d). if the Consultant has not raised any objection to the Performance Notice within 7 days
of receipt (or such other period as agreed between the Parties) then that Performance
Notice shall be deemed to have been accepted by the Consultant and the rebate on the
Contract Price referred to therein shall become immediately effective.
.464 The Public Body's rights under Clause 59 are without prejudice to any other rights or
remedies the Public Body may be entitled to.
.465 On request, the Consultant shall submit to the Public Body progress reports detailing
its adherence to the timetable (if any) as set out in the Terms of Reference in a format
approved by the Public Body. The submission and acceptance of such reports shall not
prejudice any other rights or remedies of the Public Body under the Contract.
.466 If required by the Public Body, the Parties shall co-operate in sharing information and
developing performance measurement criteria with the object of improving the Parties’
efficiency. Any such agreements shall be fully recorded in writing by the Public Body.
60. Location
.467 The Consultancy Services shall be performed at such locations as are specified in the
Section 9, Appendix A.
.468 Subject to satisfactory agreement between the Parties on price, the Public Body reserves the
right to increase or reduce the number of Locations under the Contract at any time during
the Contract Period.
.469 Without prejudice to any other right or remedy the Public Body will endeavor to give as
much notice as possible of increases or reductions to the number of Locations under the
Contract, although a minimum period of time is not specified in these conditions.

61. Use of Public Body's Sites

.470 The Public Body shall during the Contract Period permit the Consultant to use in
connection with the provision of the Consultancy Services certain Sites at the Location as
set out in the Terms of Reference.
.471 The Consultant shall use the Sites only in connection with the provision of the Consultancy
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Services and shall ensure that the Consultant’s staff uses the Sites only for that purpose.
.472 The Consultant shall ensure that the Sites have a clean, tidy and professional appearance at
all times.
.473 The permission given to the Consultant to use the said Sites is personal to the Consultant
and the Consultant’s staff. Only the Consultant’s own staff and persons making deliveries
to the Consultant in connection with the provision of the Consultancy Services may enter or
use any part of the Sites without the prior written permission of the Public Body.
.474 For the avoidance of doubt it is hereby declared that the permission to enter and use the said
Sites is not the grant of a tenancy of any part of the Sites. The Public Body retain full
possession and control over such Sites at all times and the Consultant shall not receive
exclusive possession of, or any estate or interest in, any such Sites.
.475 The Public Body reserve the right at all times to permit third parties to use the Sites, subject
to the rights granted to the Consultant pursuant to the Contract.
.476 The Consultant shall keep the said Sites clean, tidy and properly secure.
.477 The Public Body will provide a sufficient supply of water, gas and electricity to operate
equipment used to provide the Consultancy Services.
.478 The Public Body will arrange for the disposal of refuse from authorized collection points as
set out in the Terms of Reference.
.479 The Consultant will not alter or modify any part of the Sites without the written permission
of the Public Body, unless alteration or modification is part of the Consultancy Services to
be provided by the Consultant.

62. Equipment and Materials

.480 Equipment, vehicles and materials made available to the Consultant by the Public
Body, or purchased by the Consultant wholly or partly with funds provided by the Public
Body, shall be the property of the Public Body and shall be marked accordingly.
.481 Where equipment and materials are supplied by the Public Body these will be serviced
and maintained by the Public Body.
.482 The Contract Manager shall forthwith inform the Authorized Officer of any defects
appearing in or losses of, or damage, occurring to the Public Body's equipment. The
Consultant shall be liable to pay to the Public Body the cost of any replacement necessary
as a result of loss or damage caused deliberately or negligently by the Consultant’s staff.
.483 In accordance with the Terms of Reference, the Consultant will, at his own expense,
install all necessary equipment for the provision of the Consultancy Services.
.484 The Consultant shall ensure that all equipment used in connection with the Contract is
maintained in good working order in compliance with manufacturer’s instructions and
current legislation.
.485 All equipment and materials used by the Consultant shall comply with latest relevant
Ethiopian Standards or International equivalent specifications where such exist and the
Consultant shall upon request furnish the Authorized Officer with evidence to prove that
such equipment and materials comply with this condition.

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.486 The Consultant shall:

(a). establish effective planned maintenance programs; and
(b). make adequate arrangements for emergency remedial maintenance, to ensure
continuity of the Consultancy Services; and
(c). agree all equipment purchases with the Public Body; and
(d). ensure compliance with all regulations covering the inspection and testing of all
equipment used at the Location in the provision of the Consultancy Services; and
(e). maintain records, open for inspection by the Public Body of maintenance testing and
certification.
.487 Any communication or electrical equipment used by the Consultant in connection with
the Contract shall not cause any interference with or damage to any equipment used by the
Public Body.
.488 Any communication or electrical equipment proposed to be used by the Consultant in
connection with the Contract shall, at the discretion of the Public Body be tested and
approved by the Public Body before use on the Public Body's premises.
.489 Notwithstanding Clause 62.9 the Consultant shall be liable for any damage caused by
any communication or electrical equipment used in connection with the Contract
.490 The Public Body reserves the right to inspect equipment used by the Consultant in or about
the provision of the Consultancy Services at any time and the Consultant shall comply with
any directions of the Authorized Officer as to the manner in which such equipment shall be
used.
.491 The Public Body shall not be responsible, charged or chargeable for any equipment or
materials brought on site by the Consultant.
.492 At the entering into force of the Contract all equipment transferred to the Consultant shall
be valued by an independent expert appointed jointly by the Public Body and the
Consultant. Ownership of this equipment shall be transferred to the Consultant without
charge. While in possession of such equipment, vehicles and materials, the Consultant,
unless otherwise instructed by the Public Body in writing, shall insure them at the expense
of the Public Body in an amount equal to their full replacement value.
.493 Upon termination or expiration of this Contract, the Consultant shall make available to the
Public Body an inventory of such equipment, vehicles and materials. All equipment
transferred into the ownership of the Consultant by the Public Body will be re-valued and
transferred into the ownership of the Public Body as set out in the Terms of Reference.
Where there is any increase or decrease in value of the equipment, this shall be added to or
deducted from the Consultant’s final payment. Transfer of the equipment to the Public
Body shall be without charge excepting any change in value.
.494 Equipment or materials brought into the Federal Democratic Republic of Ethiopia by the
Consultant and the Personnel and used either for the Project or personal use shall remain the
property of the Consultant or the Personnel concerned, as applicable.
63. Key Personnel
.495 The title, agreed job description, minimum qualification and estimated period of
engagement in the carrying out of the Consultancy Services of each of the Consultant’s Key

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Personnel are described in the Appendix C. The Key Personnel and Sub-consultants listed
by title as well as by name in Contract are hereby approved by the Public Body.
.496 The Parties have agreed to the appointment of the Key Personnel as at the Effective Date.
The Consultant shall and shall procure that any Sub-Consultant shall obtain the prior
written consent of the Public Body before removing or replacing any member of the Key
Personnel from their corresponding role during the Term, and, where possible, at least three
months written notice must be provided by the Consultant of its intention to replace any
member of Key Personnel from their corresponding role.
.497 The Public Body shall not unreasonably delay or withhold its consent to the appointment of
a replacement to any relevant member of Key Personnel by the Consultant or Sub-
consultant. The Public Body may interview the candidates for Key Personnel roles before
such candidate is appointed to such role.
.498 The Consultant acknowledges that the Key Personnel are essential to the proper provision
of the Consultancy Services to the Public Body. The Consultant shall ensure that the role of
any Key Personnel is not vacant for any longer than [10] Working Days and that any
replacement shall be as or more qualified and experienced as the previous incumbent of
such role and is fully competent to carry out the tasks assigned to the role of the member of
Key Personnel whom he or she has replaced.
.499 The Consultant shall ensure that each of the Key Personnel shall work for such a period of
time in the performance of the Consultancy Services that is commensurate with and
sufficient to perform the obligation of that person's role unless the Public Body otherwise
gives its prior written consent. To the extent that it can do so without disregarding its
statutory obligations, the Consultant shall take all reasonable steps to ensure that it retains
the Consultancy Services of all the Key Personnel.
.500 If additional work is required beyond the scope of the Services specified in Appendix A, the
estimated periods of engagement of Key Personnel set forth in Appendix C may be
increased by agreement in writing between the Public Body and the Consultant. In case
where payments under this Contract exceed the ceilings set forth in GCC Clause 39.2 of
this Contract, this will be explicitly mentioned in the agreement.
.501 The Public Body may nominate additional roles performed by Consultant's Personnel in
respect of which individuals should be identified as additional Key Personnel. The
Consultant shall not unreasonably withhold or delay approval of any such additional Key
Personnel nominated by the Public Body who will, following approval, be included on the
list of Key Personnel by the Consultant. The Public Body may also require the Consultant
to remove any member of the Key Personnel that the Public Body (acting reasonably)
considers in any respect unsatisfactory.
.502 The Public Body shall not be liable for the cost of replacing any member appointed to a
Key Personnel role and the Consultant shall indemnify the Public Body against all
Employee Liabilities that may arise in this respect.
64. Approval of Personnel

.503 The Key Personnel and Sub-Consultants listed by title as well as by name in Appendix C
are hereby approved by the Public Body. In respect of other Personnel which the Consultant
proposes to use in the carrying out of the Services, the Consultant shall submit to the Public
Body for review and approval a copy of their Curricula Vitae (CVs). If the Public Body
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does not object in writing (stating the reasons for the objection) within twenty-one (21)
days from the date of receipt of such CVs, such Personnel shall be deemed to have been
approved by the Public Body.

65. Control and Supervision of Personnel

.504 Any notice, information, instruction or other communication given or made to the Contract
Manager shall be deemed to have been given or made to the Consultant.
.505 The Contract Manager shall be suitably qualified in accordance with the Terms of
References. In addition a work history/biography will be submitted to the Authorized
Officer for approval prior to interview.
.506 The Consultant shall forthwith give notice in writing to the Authorized Officer of the
identity of the person appointed as Contract Manager and of any subsequent appointment.
Until notice of a subsequent appointment shall have been given the Public Body shall be
entitled to treat as Contract Manager the person last notified to the Authorized Officer as
being the Contract Manager.
.507 The Consultant shall ensure that the Contract Manager, or a competent deputy who is duly
authorized to act on his behalf, is available to the Public Body at all times when any
Personnel of the Consultant is on duty for the provision of the specified Consultancy
Services.
.508 The Consultant shall inform the Authorized Officer of the identity of any person authorized
to act for any period as deputy for the Contract Manager before the start of that period.
.509 The Contract Manager or his deputy shall consult with the Authorized Officer and such
other of the Public Body's own supervisory staff as may from time to time be specified by
the Authorized Officer as often as may reasonably be necessary for the efficient provision
of the Consultancy Services in accordance with the Contract.
.510 The Consultant shall provide a sufficient complement of supervisory staff in addition to the
Contract Manager, to ensure that the Consultant’s staff engaged in and about the provision
of the Consultancy Services at the Location are adequately supervised and properly perform
their duties at all times.
.511 All persons appointed to managerial and supervisory positions in accordance with the
Terms of Reference must be to the acceptance of the Authorized Officer who will have the
right to veto the appointment of any candidate who is deemed to be unsuitable.
.512 The Consultant’s Personnel engaged in and about the provision of the Consultancy Services
shall primarily be under the control and direction of the Consultant’s own supervisory staff
but nevertheless while on the Public Body's premises will obey all reasonable instructions
given to them by the Public Body's supervisory staff in any matter occasioned by the
operational needs of the relevant Service.
.513 The Consultant shall ensure that his Personnel carry out their duties and behave while on
the Public Body's premises in an orderly manner and in as quiet a manner as may
reasonably be practicable having regard to the nature of the duties being performed by
them. The Consultant’s Personnel shall not cause any unreasonable or unnecessary
disruption to the routines, practices, and procedures of the Public Body's staff, or visitors, or
any of the Personnel of any other Consultants
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66. Working Hours of the Personnel

.514 Working hours and holidays for Key Personnel are set forth in Appendix C hereto. To
account for travel time, Foreign Personnel carrying out Services inside the Federal
Democratic Republic of Ethiopia shall be deemed to have commenced, or finished work in
respect of the Services such number of days before their arrival in, or after their departure
from the Federal Democratic Republic of Ethiopia as is specified in Appendix C hereto.
.515 The Key Personnel shall not be entitled to be paid for overtime nor to take paid sick leave
or vacation leave except as specified in Appendix C hereto, and except as specified in such
Appendix, the Consultant’s remuneration shall be deemed to cover these items. All leave to
be allowed to the Personnel is included in the staff-months of service set forth in Appendix
C. Any taking of leave by Personnel shall be subject to the prior approval by the Consultant
who shall ensure that absence for leave purposes will not delay the progress and adequate
supervision of the Services.
67. Removal and/or Replacement of Personnel
.516 The Consultant shall not make changes to the agreed personnel without the prior written
approval of the Public Body. If, for any reason beyond the reasonable control of the
Consultant the Consultant must on its own initiative propose a replacement in the following
cases:
(a). In the event of death, in the event of retirement, in the event of illness or in the event of
accident of a member of staff.
(b). If it becomes necessary to replace a member of staff for any other reasons beyond the
Consultant’s control (e.g. resignation, etc.).
.517 The Consultant shall forthwith provide as a replacement a person of equivalent or better
qualifications.
.518 If the Public Body finds that any of the Personnel (i) has committed serious misconduct or
has 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 Public Body’s written request specifying the grounds therefore, forthwith provide as a
replacement a person with qualifications and experience acceptable to the Public Body.
.519 If the Public Body requests the Consultant to remove a person who is a member of the
Consultant’s staff or work force, stating the reasons, the Consultant shall ensure that the
person leaves the Site within seven days and has no further connection with the work in the
Contract.
.520 Any of the Personnel provided as a replacement under Sub-Clauses above, as well as any
reimbursable expenditures (including expenditures due to the number of eligible
dependents) the Consultants may wish to claim as a result of such replacement, shall be
subject to the prior written approval by the Public Body. The rate of remuneration
applicable to a replacement person will be obtained by multiplying the rate of remuneration
applicable to the replaced person by the ratio between the monthly salary to be effectively
paid to the replacement person and the average salary effectively paid to the replaced
person in the period of six months prior to the date of replacement. Except as the Public
Body may otherwise agree, (i) the Consultant shall bear all additional travel and other costs
arising out of or incidental to any removal and/or replacement, and (ii) the remuneration to

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be paid for any of the Personnel provided as a replacement shall not exceed the
remuneration which would have been payable to the Personnel replaced.
.521 The Consultant shall have no claim for additional costs arising out of or incidental to any
removal and/or replacement of Personnel

68. Extensions of Time

.522 If at any time during performance of the Contract, the Consultant or its sub-consultants
should encounter conditions impeding timely completion of Consultancy Services pursuant
to GCC Clause 59, the Consultant shall promptly notify the Public Body in writing of the
delay, its likely duration, and its cause. As soon as practicable after receipt of the
Consultant’s notice, the Public Body shall evaluate the situation and may at its discretion
extend the Consultant’s time for performance, in which case the extension shall be ratified
by the parties by amendment of the Contract.

.523 Except in case of Force Majeure, as provided under GCC Clause 18, a delay by the
Consultant in the performance of its Delivery and Completion obligations shall render the
Consultant liable to the imposition of liquidated damages pursuant to GCC Clause 26,
unless an extension of time is agreed upon, pursuant to GCC Sub-Clause 68.1.

Part 22 Fairness and Good Faith

69. Good Faith

.524 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.

70. Operation of the Contract

.525 The Parties recognize that it is impractical in this Contract to provide for every contingency
which may arise during the life of the Contract, and the Parties hereby agree that it is their
intention that this Contract shall operate fairly as between them, and without detriment to
the interest of either of them, and that, if during the term of this Contract either Party
believes that this Contract is operating unfairly, the Parties will use their best efforts to
agree on such action as may be necessary to remove the cause or causes of such unfairness,
but no failure to agree on any action pursuant to this Clause shall give rise to a dispute
subject to the Dispute Resolution Procedure in accordance with GCC Clause 25 hereof.

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Section 1. Special Conditions of Contract

Table of Clauses

1.
General Provisions 1
2. Obligations of the Public Body 4
3. Payments to the Consultant 4
4. Obligations of the Consultant 6

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Section 8. Special Conditions of Contract (SCC)

The following Special Conditions of Contract (SCC) shall supplement the General
Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein
shall prevail over those in the GCC.
GCC Clause
Reference Section 8. Special Conditions of Contract
General Provisions
Procurement Reference Number is: S/24/NCB/RFP/GOE/2014 EFY

GCC 1.2 (y) The Public Body is: Ethiopian Roads Authority

The Contract
GCC 7.1 (a) The documents forming GCC 7.1 (a) “Agreement, including all Appendices” of the
contract shall be interpreted in the following order of priority:
I. The Contract Agreement
II. Minutes of Negotiation (if any) or [ERA’s Request for Clarification and/or
Confirmation and Consultant’s Corresponding Response]
III. Addendum (if any)
IV. All appendices
GCC 7.1 (d) In addition to documents listed in GCC Clause 7.1 the following documents shall
form the Contract:
 Eligible Countries
 Professional Indemnity Insurance
 Power of Attorney [Including Article/Memorandum of Association and/or
Eligibility Documents, as appropriate]
 Code of Professional Conduct and Ethics signed by the Consultant and the
proposed Key Staffs
 Form of Advance Payment Guarantee; and
 Minutes of Pre-proposal Meeting
GCC 8.1 The governing law shall be the laws of the Federal Democratic Republic of Ethiopia.

GCC 9.1 Language of the Contract shall be English

GCC 10.2 For notices, the Public Body’s address shall be:
and 10.3 Public Body: Ethiopian Roads Authority
Attention: Habtamu Tegegne, Director General of
Ethiopian Roads Authority or his delegated
representative.
Floor/Room number: 5th Floor, ERA Head Office New Building, Office
of the Director General
P.O. Box: 1770
Street Address: Ras Abebe Aregay Street
Town/City: Addis Ababa

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Reference Section 8. Special Conditions of Contract
Post Code:
Country: Ethiopia
Telephone: +251-11-5156603
Facsimile: 251-11-551 48 66
E-mail address Era2@telecom.net.et
For notices, the Consultant’s address shall be:
Consultant:
Attention:
Floor/Room number:
P.O. Box:
Street Address:
Town/City:
Post Code:
Country: Ethiopia
Telephone:
Facsimile:
E-mail address
GCC 11.1 The Member in Charge is [insert name of member]}:-

GCC 12.1 The Public Body’s authorized officer shall be:

Authorized Officer: Habtamu Tegegne, Director General of
Ethiopian Roads Authority or his delegated
representative.
P.O. Box: 1770
Street Address: Ras Abebe Aregay Street
Town/City: Addis Ababa
Post Code:
Country: Ethiopia
Telephone: +251-11-515 66 03
Facsimile: +251-11-551 48 66
E-mail address era2@telecom.net.et
The Consultant’s authorized officer shall be:-
Authorized Officer: authorized representative
P.O. Box:
Street Address:
Town/City:
Post Code:
Country: Ethiopia
Telephone:
Facsimile:
E-mail address
GCC 16.1 Any change in laws or regulations shall result in any change to the period for
completion of the services or the Contract Price.

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GCC 17.1 The Consultant, Sub-consultants, and their Personnel :
(i) Shall not be exempted from duties and indirect taxes levied by the Federal
Democratic Republic of Ethiopia. However, value added tax (VAT) will be
withheld and paid to the Tax Authority by the Public Body (ERA), or
(ii) Shall be exempted from duties and indirect taxes levied by the Federal
Democratic Republic of Ethiopia, or
(iii) Shall be reimbursed by the Public Body for any such duties and indirect
taxes levied by the Federal Democratic Republic of Ethiopia they might have to
pay (or that the Public Body would pay such levies on behalf of the Consultant
and the Personnel).
The Public Body warrants that the Consultant, the Sub-Consultants and the
Personnel shall be exempt from (or that the Public Body 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 Law, 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 the Federal
Democratic Republic of Ethiopia), in connection with the carrying out of the
Services;
(b). any equipment, materials and supplies brought into the Federal Democratic
Republic of Ethiopia by the Consultant or Sub-Consultants for the purpose of
carrying out the Services and which, after having been brought into such
territories, will be subsequently withdrawn there from by them;
(c). any equipment imported for the purpose of carrying out the Services and paid
for out of funds provided by the Public Body and which is treated as property of
the Public Body;
(d). any property brought into the Federal Democratic Republic of Ethiopia by the
Consultant, any Sub-Consultants or the Personnel (other than nationals or
permanent residents of the Federal Democratic Republic of Ethiopia), or the
eligible dependents of such Personnel for their personal use and which will
subsequently be withdrawn there from by them upon their respective departure
from the Federal Democratic Republic of Ethiopia, provided that:
(i) the Consultant, Sub-Consultants and Personnel, and their eligible
dependents, shall follow the usual customs procedures of the Federal
Democratic Republic of Ethiopia in importing property into the Federal
Democratic Republic of Ethiopia; and
(ii) if the Consultant, Sub-Consultants or Personnel, or their eligible
dependents, do not withdraw but dispose of any property in the Federal
Democratic Republic of Ethiopia 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 the Federal Democratic Republic of Ethiopia, or (ii) shall
reimburse them to the Public Body if they were paid by the Public Body at
the time the property in question was brought into the Federal Democratic
Republic of Ethiopia

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Reference Section 8. Special Conditions of Contract
GCC 25.3 Delete the phrase ‘ITC Sub-Clause 25.4’ and replace by ‘GCC Sub-Clause 25.4.’

GCC 27.2 The time period within which the Services shall commence is: the date of
notification in writing by the client to the Consultant to commence the services
or such other time as the parties agree in writing. This date shall not be earlier
than two weeks from contract agreement.

GCC 28.1 The Intended Completion Date is: 36 Months of Construction Period from
the date of commencement of the Services including 120 Calendar days/ 4
Months of Mobilization Period, and an additional One (2) Years of Defects
Liability Period.
Obligations of the Public Body
GCC 31.1(g) The Public Body shall provide the following further assistance to the Consultant: the
data, services and facilities to be provided by the procuring entity shown under
item 7 of Terms of Reference, which will later form Appendix E, of the Contract
Document.

Payments to the Consultant

GCC 36.2 All payment to the Consultant under this Contract shall be made in Ethiopian Birr
(ETB)

GCC 37.2 The Contract is: Time-Based Contract.

GCC 38.2 Delete the phrase ‘GCC clause 14’ and replace by ‘GCC Clause 15.’

GCC 38.3 Delete the phrase ‘GCC clause 14’ and replace by ‘GCC Clause 15.’

GCC 39.5 Personnel time spent in the performance of the Services shall include time for
necessary travel.
i. Working Hours
The Consultant shall work whatever hours are required to carry out the
services, but not less than the working hours of the Contractor.
ii. Leave
The cost estimates in Appendix D in particular the monthly billing rates are
deemed to cover all costs for leave.
iii. Overtime Work
The Consultant’s staff rates shall include all costs at minimum to work the
number of normal working hours as stipulated in the labour law. For any
overtime worked if any by the Consultant in his own initiative in order to
discharge its construction supervision duties associated with the work
load brought by the activities of the Contractor with respect to the normal

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working hours.
When deemed necessary to expedite the works in accordance with the
relevant provisions of the works contract, overtime, night time or holiday
working may be allowed by the Engineer and the Engineer could deploy
the required staff for overtime work.
Only those staffs of the supervision Consultant which are mandatory and
directly deployed to the supervision of the works carried out by the
Contractor on overtime hours are entitled for overtime payment.
The Consultant has to justify the purpose, relevance and the need of
deploying each of the concerned staffs to the overtime work.
The overtime payment including VAT (as mutually agreed and signed
between the Consultant and the Contractor) shall be included in the
Supervision Consultant’s Invoices to be paid by the Employer and the
same shall be deducted from the corresponding Contractor’s Interim
payment certificates.
The amount of overtime shall be calculated on the respective basic salaries
of the employees. To this effect, the Consultant shall present a document
indicating the basic salaries of each staff confirmed by the Consultant’s
representative and the staff himself.
Income taxes on the overtime payment shall be paid to the Federal Inland
Revenue Authority, and the evidence of the same shall be forwarded to
ERA in the invoice following the claim of overtime payment.
GCC 40.1 The payment schedule shall be:
 As indicated in GCC 40.2 below, if the Consultant has an intention
to take Advance Payment, ten (10) percent of the contract amount shall
be paid upon submission of Unconditional Advance Payment Guarantee
as per the attached format in section 9 of the RFP.
 The Advance Payment will be set off by the Procuring Entity in
equal instalments against invoices for subsequent 12 Months.
 Monthly payment shall be made for the actual inputs provided and
reimbursable costs incurred by the Consultant against invoices supported
by initialized statements and supporting documentation.
 The final payment shall be made after submission and approval of
the final report and final statement of expenditure.
Notes:
 The Advance amount referred above in the total sum of Fees,
Reimbursable and VAT but excluding Specified Provisional Sums and
Contingencies.
 The Client shall deduct 15% VAT from each payment and transfer the
collected amount to Ethiopian Revenues and customs Authority.
GCC 40.2 An Advance Payment shall be made, if the Consultant has an intention to take the
same.
The following provisions shall apply to the advance payment and the

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Reference Section 8. Special Conditions of Contract
advance payment guarantee:
1. An Advance Payment Guarantee shall be required.
2. An advance payment of ten (10) percent of the Contract Value shall be made
within 30 days after the Effective Date.
The Advance Payment Guarantee shall be in the amount and in the currency of the
advance payment and it shall be unconditional Advance Payment Guarantee as per
the attached format in section 9 of the RFP. The advance payment guarantee shall be
valid until the total advance money is recovered by the Client.

GCC 41.2 The Client shall initiate the Consultant’s payment upon receipt by the client of such
statements prepared in under Sub-Clause 40.1 of the Special Condition of Contract.

GCC 41.5 The Public Body shall pay the Contract Price to the Consultant, within the period of
the 45 days of receipt of the invoice and within 60 days in the case of the Final
Payment.

GCC 42.5 Price adjustment shall not be applicable for the original duration of the project.
However, for an extended Consultancy contract period beyond the original contract
duration, 5% annual increment will be applicable on final remuneration rate.

Obligations of the Consultant

GCC 43.4(b) The Procuring Entity’s prior approval is also required for: taking any action under
the contract for which action the written approval / prior consent of the Client as
“Employer / Client” is required.

GCC 47.2 (b) The amount of aggregate liability shall be equal to the contract ceiling, which is
_________________________

GCC 48.1 The risks and coverage shall be as follows:

(i.) Third Party motor vehicle liability insurance in respect of motor vehicles
operated in Ethiopia by the Consultant or his personnel or any sub-Consultant
or his personnel with minimum coverage, of the motor vehicles liability
insurance policies of certified insurance in the Procuring Entity’s country;
(ii.) Third Party liability insurance, with a minimum coverage of 200,000
Birr or equivalent per occurrence with number of occurrence unlimited;
(iii.) Employer’s liability and workers’ compensation insurance in respect of
the personnel of the Consultant and of any sub-consultant, in accordance with
the relevant provision of the Applicable Law, as well as, with respect to such
personnel, any such life, health, accident, travel or other insurances as may be
appropriate;
(iv.) Professional Liability Insurance, with a minimum coverage equal to the
Contract Ceiling, and Professional Indemnity Insurance, which shall be
submitted before the Contract Signature
The professional Indemnity Insurance shall be provided in an acceptable

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Reference Section 8. Special Conditions of Contract
format to be priory agreed with the client in line with the following major
terms but not limited to and notwithstanding the provision of professional
liability under the applicable law of Ethiopia:
(i) The period of liability under the insurance policy is the Duration of the
Services.
(ii) The maximum amount of liability under the policy is the Service Contract
Amount.
(v.) Insurance against loss of or damage to
(i) Equipment purchased in whole or in part with the budget provided under
this Contract,
(ii) The Consultants’ property used in the performance of the Services, and
(iii) Any documents prepared by the Consultants in the performance of the
Services.

GCC 50.2 The future use of documents is restricted as follows:

The supplier shall not use these documents for purposes unrelated to this
Contract without the prior written approval of the Client.

GCC 55 Delete Sub-Clauses GCC 55.1 to GCC 55.6, and replace by “Performance Security
is Not Required.”

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Section 2. Contract Forms

Table of Contents

A. Contract Agreement 1
1. The Agreement 1
2. Effectiveness of Contract Agreement 2
B. Appendices 3
1. Appendix A - Description of Services 3
2. Appendix B - Reporting Requirements 3
3. Appendix C - Key Personnel and Sub-Consultants 3
4. Appendix D - Breakdown of Contract Price / Cost Estimates 4
5. Appendix E - Duties of the Public Body 4
C. Performance Security 5
D. Advance Payment Security 6

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A. Contract Agreement
For the Procurement Consultancy Services for
______________________________________________________________
_____
Procurement Reference No: S/24/NCB/RFP/GOE/2014 EFY

This Contract Agreement is made on the ______ day of the month of ______ , _______
BETWEEN
Ethiopian Roads Authority of the Federal Democratic Republic of Ethiopia, and having its
principal place of business (hereinafter called the “Public Body”),
and
_____________________,a corporation incorporated under the laws of ___________________
and having its principal place of business at _______________ (hereinafter called the
“Consultant”), of the other part

WHEREAS

(a). The Public Body invited bids for certain Consultancy Services (hereinafter called the
“Consultancy Services”), _________________________________________________ and
has accepted a Proposal by the Consultant for the provision of those Consultancy Services in
the sum of _________________ (hereinafter called “the Contract Price”) in the manner and
on the terms described herein
(b). The Consultant having represented to the Public Body that it has the required skills,
personnel and technical resources, has agreed to provide the Consultancy Services on the
terms and conditions set forth in this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The Agreement

.526 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.

.527 The following documents shall constitute the Contract between the Public Body and the
Consultant, and each shall be read and construed as an integral part of the Contract:
1. This Contract Agreement, Minutes of Contract Negotiation, Addenda and
Appendices;
2. The Special Conditions of Contract;
3. The General Conditions of Contract;
4. Other Documents listed in the SCC as forming part of the contract

.528 This Contract shall prevail over all other Contract documents. In the event of any

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discrepancy or inconsistency within the Contract documents, then the documents shall
prevail in the order listed above.

.529 In consideration of the payments to be made by the Public Body to the Consultant as
hereinafter mentioned, the Consultant hereby covenants with the Public Body to provide the
Consultancy Services and to remedy defects therein in conformity in all respects with the
provisions of the Contract.
.530 The Public Body hereby covenants to pay the Consultant in consideration of the provision of
the Consultancy Services and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in
the manner prescribed by the Contract.

2. Effectiveness of Contract Agreement

.531 This Contract shall come into force and effect on the date (the “Effective Date”) of the
Public Body’s notice to the Consultant instructing the Consultant to begin carrying out the
Services. This notice shall confirm that the effectiveness conditions, if any, listed in the SCC
have been met.
.532 Under no circumstances may implementation commence before the date on which the
Contract Agreement enters into force.
On behalf of the Client On behalf of the Consultant
(Ethiopian Roads Authority) (______________________)

___________________ ___________________

Authorized representative Authorized representative

WITNESSES to signature on behalf of the WITNESSES to signature on behalf of the

Public Body (Ethiopian Roads Authority) Consultant (________________)

In the Presence of: ___________________ ___________________

In the Capacity of: ___________________ ___________________

Signature: ___________________ ___________________

In the Presence of: ___________________ ___________________

In the Capacity of: ___________________ ___________________

Signature: ___________________ ___________________

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Part 23 Appendices
2. Appendix A - Description of Services and Consultant’s Methodology

Appendix A-1: - Description of Services

Appendix A-2: - Consultant’s Confirmation of Compliance of TOR
Appendix A-3: - Consultant’s Methodology (Innovative/ Additional to the TOR)
Appendix A-4: - Activity Schedule

2. Appendix B - Reporting Requirements

3. Appendix C - Key Personnel and Sub-Consultants

Appendix C-1: - Team Composition and Task Assignments
Appendix C-2: - Manning Schedule
Appendix C-3: - Curriculum Vitae (CV) of Key Personnel, Declaration of
Interest and Educational Testimonies

C-1
C-2
C-3
C-4

Appendix C-4: - Personnel Time

Personnel time spent in the performance of the Services shall include time for necessary
travel.
i. Working Hours
The Consultant shall work whatever hours are required to carry out the services,
but not less than the working hours of the Contractor.
ii. Leave
The cost estimates in Appendix D in particular the monthly billing rates are
deemed to cover all costs for leave.
iii. Overtime Work
 The Consultant’s staff rates shall include all costs at minimum to work the
number of normal working hours as stipulated in the labour law. For any
overtime worked if any by the Consultant in his own initiative in order to
discharge its construction supervision duties associated with the workload
brought by the activities of the Contractor with respect to the normal working
hours.

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 When deemed necessary to expedite the works in accordance with the

relevant provisions of the works contract, overtime, night-time or holiday
working may be allowed by the Engineer and the Engineer could deploy the
required staff for overtime work.
 Only those staffs of the supervision Consultant which are mandatory and
directly deployed to the supervision of the works carried out by the
Contractor on overtime hours are entitled for overtime payment.
 The Consultant has to justify the purpose, relevance and the need of
deploying each of the concerned staffs to the overtime work.
 The overtime payment including VAT (as mutually agreed and signed
between the Consultant and the Contractor) shall be included in the
Supervision Consultant’s Invoices to be paid by the Employer and the same
shall be deducted from the corresponding Contractor’s Interim payment
certificates.
 The amount of overtime shall be calculated on the respective basic salaries
of the employees. To this effect, the Consultant shall present a document
indicating the basic salaries of each staff confirmed by the Consultant’s
representative and the staff himself.
 Income taxes on the overtime payment shall be paid to the Federal Inland
Revenue Authority, and the evidence of the same shall be forwarded to ERA
in the invoice following the claim of overtime payment.

4. Appendix D - Breakdown of Contract Price / Cost Estimates

5. Appendix E - Duties of the Public Body
List under:]
Services, facilities and property to be made available to the Consultant by
E-1 the Public Body.
Professional and support counterpart personnel to be made available to the
E-2 Consultant by the Public Body.

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Part 24 Performance Security [Not Applicable]

(Bank Guarantee)

Date:
Procurement Reference No:

To:

WHEREAS (hereinafter “the Consultant”) has undertaken, pursuant to Contract No. dated , to
supply (hereinafter “the Contract”).

AND WHEREAS it has been stipulated by you in the aforementioned Contract that the
Consultant shall furnish you with a security issued by a reputable guarantor for the sum specified
therein as security for compliance with the Consultant’s performance obligations in accordance
with the Contract.

AND WHEREAS the undersigned , legally domiciled in [insert complete address of Guarantor],
(hereinafter the” Guarantor”), have agreed to give the Consultant a security:

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the
Consultant, up to a total of and we undertake to pay you, upon your first written demand
declaring the Consultant to be in default under the Contract, without cavil or argument, any sum
or sums within the limits of as aforesaid, without your needing to prove or to show grounds or
reasons for your demand or the sum specified therein.

This security is valid until the day of , .

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

Name:
In the capacity of

Signed:

Duly authorized to sign the Security for and on behalf of:

Dated on [insert day] day of], 20

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Part 25 Advance Payment Security

(Bank Guarantee)

Date:
Procurement Reference No:

To:

In accordance with the payment provision included in the Contract, in relation to advance
payments, (hereinafter called “the Consultant”) shall deposit with the Public Body a security
consisting of , to guarantee its proper and faithful performance of the obligations imposed by said
Clause of the Contract, in the amount of .

We, the undersigned , legally domiciled in (hereinafter “the Guarantor”), as instructed by the
Consultant, agree unconditionally and irrevocably to guarantee as primary obligor and not as
surety merely, the payment to the Public Body on its first demand without whatsoever right of
objection on our part and without its first claim to the Consultant, in the amount not exceeding .

This security shall remain valid and in full effect from the date of the advance payment received
by the Consultant under the Contract until, [insert year].

Name:
In the capacity of

Signed:

Duly authorized to sign the Security for and on behalf of:

Dated on [insert day] day of ], 20

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