Section 1.

Request for Proposal Letter

1

SELECTION OF CONSULTANTS

Request for Proposals

Consulting Services
(Selection through e-procurement)

Procurement of Flood Forecasting and Integrated Flood Risk Management Planning

Consultants for Beki, Buridehing and Jiadhal sub-basins of Brahmaputra River

RFP No: WRD_HIU_CS1_FLOOD FORECASTING

Consulting Services for: Flood Forecasting and Integrated Flood Risk Management Planning
Consultants for Beki, Buridehing and Jiadhal sub-basins of Brahmaputra River under Assam
Integrated River Basin Management Project.

Client: Water Resources Department, Government of Assam

Country: INDIA

Issued on: 28/06/2023

 Section 1. Request for Proposal Letter
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TABLE OF CONTENT
Table of Contents
PART I ............................................................................................................................... 3
Section 1. Request for Proposal Letter ............................................................................ 3
Section 2. Instructions to Consultants and Data Sheet ..................................................... 7
Section 3. Technical Proposal – Standard Forms ......................................................... 45
Section 4. Financial Proposal - Standard Forms .......................................................... 60
Section 5. Eligible Countries....................................................................................... 69
Section 6. Fraud and Corruption ................................................................................. 70
Section 7. Terms of Reference .................................................................................... 72
PART II ......................................................................................................................... 125
Section 8. Conditions of Contract and contract forms ................................................. 125
PART III ........................................................................................................................ 168
Section 9. Notification of Intention to Award and Beneficial Ownership Forms ......... 168
Section 1. Request for Proposal Letter
3

PART I

Section 1. Request for Proposal Letter

 Section 1. Request for Proposal Letter
4

Request for Proposal Letter

Consulting Services
(Selection through e-procurement)
Name of Assignment): Flood Forecasting and Integrated Flood Risk Management Planning
Consultancy for Beki, Buridehing and Jiadhal sub-basins of Brahmaputra River.

RFP Reference No.: WRD_HIU_CS1_FLOOD FORECASTING

Project No: P174593
Country: India
Date: 28/06/2023

Dear Mr. /Ms.:

1. The Government of Assam (hereinafter called “Borrower”) has received financing

from the International Bank for Reconstruction and Development (IBRD) (the
“Bank”) in the form of a “loan” (hereinafter called “loan”) towards the cost of
Assam Integrated River Basin Management Programme (AIRBMP).

2. The Assam Water Resources Department (WRD) hereinafter referred as the

“Client”, intends to apply a portion of the proceeds of this loan to eligible
payments under the contract for which this Request for Proposals is issued. The
loan agreement prohibits a withdrawal from the loan account for the purpose of
any payment to persons or entities, or for any import of goods, if such payment or
import, to the knowledge of the Bank, is prohibited by a decision of the United
Nations Security Council taken under Chapter VII of the Charter of the United
Nations. No party other than the Borrower shall derive any rights from the
agreement or have any claims to the proceeds of the loan.
3. The Client now invites online proposals to provide the following consulting
services (hereinafter called “Services”): Flood Forecasting and Integrated Flood
Risk Management Planning Consultancy for Beki, Buridehing and Jiadhal sub-
basins of Brahmaputra River. More details on the Services are provided in the
Terms of Reference (Section 7).
4. This Request for Proposals (RFP) has been addressed to the following shortlisted
Consultants:
i) AECOM INDIA PRIVATE LIMITED, India JV with URS SCOTT
WILSON INDIA PVT. LTD, India. AS LEAD MEMBER and VASSAR
LAB IT SOLUTIONS PVT. LTD, India.
ii) EPTISA SERVICIOS DE INGENIERÍA, S.L, Spain JV with HYDRO
NOVA S.R.L., Italy and EPTISA INDIA PVT LTD, India
iii) MOTT MACDONALD PRIVATE LIMITED, India JV with MOTT
MACDONALD LIMITED, UK and DHI A/S, Denmark
Section 1. Request for Proposal Letter
5

iv) LEA ASSOCIATES SOUTH ASIA PVT. LTD. (LASA), India JV with
INSTITUTE OF WATER MODELLING, Bangladesh and DOHWA
ENGINEERING CO. LTD, Korea
v) RMSI PRIVATE LIMITED with sub consultants Stichting Deltares,
Netherland and united engineers’ alliance Pvt Ltd, Delhi
5. It is not permissible to transfer this RFP to any other firm.
6. A firm will be selected under Quality & Cost Based Selection (QCBS) procedures
and in a Full Technical Proposal (FTP) format as described in this RFP, in
accordance with the policies of the Bank detailed in the Bank’s “Procurement
Regulations for IPF Borrowers” November 2020 (“Procurement Regulations”),
which can be found at the following website: www.worldbank.org
The RFP includes the following documents:
Section 1 – Request for Proposals Letter
Section 2 – Instructions to Consultants and Data Sheet
Section 3 – Technical Proposal (FTP) - Standard Forms
Section 4 – Financial Proposal - Standard Forms
Section 5 – Eligible Countries
Section 6 – Fraud and Corruption
Section 7 – Terms of Reference
Section 8 – Standard Forms of Contract [Lump Sum]
7. The RFP is available online at https://assamtenders.gov.in for downloading free of
cost for the short-listed consultants only. The short-listed consultants would be
required to register on the website, which is free of cost, and would be responsible
for ensuring that any addenda available on the website is also downloaded and
incorporated prior to the submission of proposal. For submission of a proposal
online at the web address indicated above, the Consultant is also required to have
a Digital Signature Certificate (DSC) from one of the Government of India
authorized Certifying Authorities. The list of the authorized Certifying Authorities
can be found from the link https://cca.gov.in

8. Short-listed Consultants who have not obtained the user ID and password for
participating in e-procurement in this Project, may obtain the same from the
website:https://assamtenders.gov.in for which no fee is payable. Consultants are
required to submit their proposal on the e-procurement system (tender portal)
mentioned in thisparagraph. Any Proposal or modifications to Proposal (including
discount) receivedoutside e-procurement system will not be considered.
 Section 1. Request for Proposal Letter
6

9. Please inform us by 5th July 2023 through the e-procurement system/through

the email id hiu.wrd@gmail.com
(a) that you have received this Request for Proposals; and
(b) whether you intend to submit a proposal alone or intend to enhance your
experience by requesting permission to associate with other firm (s) (if
permissible under Section 2, Instructions to Consultants (ITC), Data Sheet
14.1.1).
10. Attention is drawn to the Procurement Regulations requiring the Borrower to
disclose information on the successful Consultant’s beneficial ownership, as part
of the Contract Award Notice, using the Beneficial Ownership Disclosure Form as
included in the Request for Proposals.
11. Details on the proposal submission date, and time are provided in ITC 17.4. The
e- procurement system would not allow any late submission of proposals after due
date &time, as per server time.

Yours sincerely,

Sd/-
(Borsing Rongpi)
Chief Engineer
Water Resources Department
5th Floor, Assam Water Centre, Near Basistha Police Station,
Kundil Nagar, Basistha Chariali, Guwahati–781029, Assam
E-mail: worldbank.wrd@gmail.com, hiu.wrd@gmail.com
 Section 2 . Instruction to Consultants
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Section 2. Instructions to Consultants and Data Sheet

TABLE OF CONTENT

A. General Provisions.................................................................................................... 9
1. Definitions .............................................................................................................. 9
2. Introduction .......................................................................................................... 11
3. Conflict ofInterest ................................................................................................. 12
4. Unfair ................................................................................................................... 13
5. Fraud and Corruption ............................................................................................ 13
6. Eligibility .............................................................................................................. 13
B. Preparation of Proposals ........................................................................................ 15
7. General ................................................................................................................. 15
8. Cost of .................................................................................................................. 15
9. Language .............................................................................................................. 15
10. Documents Comprising theProposal .................................................................. 15
11. Only OneProposal ............................................................................................. 16
12. Proposal Validity ............................................................................................... 16
13. Clarification and Amendment of RFP ................................................................. 17
14. Preparation of Proposals SpecificConsiderations ............................................... 18
15. Technical Proposal Format and Content.............................................................. 18
16. FinancialProposal .............................................................................................. 19
Data Sheet
C. Submission, Opening and Evaluation .................................................................... 19
17. Submission, Sealing, andMarking of Proposals .................................................. 19
18. Confidentiality................................................................................................... 21
19. Opening ofTechnical Proposals ......................................................................... 21
20. Proposals Evaluation ......................................................................................... 22
21. Evaluation ofTechnical Proposals ...................................................................... 22
22. Financial Proposals forQBS ............................................................................... 22
23. Public Opening of Financial Proposals (for QCBC, FBS, and LCS methods) ...... 22
24. Correction ofErrors............................................................................................ 24
25. Taxes ................................................................................................................. 25
26. Conversion to Single Currency .......................................................................... 25
27. Combined Quality and Cost Evaluation .............................................................. 25
 Section 2 . Instruction to Consultants
8

D. Negotiations and Award ......................................................................................... 26

28. Negotiations ...................................................................................................... 26
29. Conclusion ofNegotiations................................................................................. 27
30. Standstill Period ................................................................................................ 27
31. Notification ofIntention to Award ...................................................................... 27
32. Notification ofAward......................................................................................... 28
33. Debriefing by theClient ..................................................................................... 29
34. Signing ofContract ............................................................................................ 29
35. Procurement Related .......................................................................................... 29
E. Data Sheet ............................................................................................................... 30

Data Sheet
 Section 2 . Instruction to Consultants
9

Instructions to Consultants
A. General Provisions
1. Definitions (a) “Affiliate(s)” means an individual or an entity that
directly or indirectly controls, is controlled by, or is under
common control with the Consultant.
(b) “Applicable Law” means the laws and any other
instruments having the force of law in the Client’s
country, or in such other country as may be specified inthe
Data Sheet, as they may be issued and in force fromtime to
time.
(c) “Bank” means the International Bank for Reconstruction
and Development (IBRD) or the International
Development Association (IDA).
(d) “Borrower” means the Government, Government agency
or other entity that signs the [loan/financing/grant11]
agreement with the Bank.
(e) “Client” means the implementing agency that signs the
Contract for the Services with the selected Consultant.
(f) Client’s Personnel” is as defined in Clause GCC 1.1 (e).
(g) “Consultant” means a legally established professional
consulting firm or an entity that may provide or provides
the Services to the Client under the Contract.
(h) “Contract” means a legally binding written agreement
signed between the Client and the Consultant and includes
all the attached documents listed in its Clause
1 (the General Conditions of Contract (GCC), the Special
Conditions of Contract (SCC), and the Appendices).
Data Sheet (i) “Data Sheet” means an integral part of the Instructionsto
Consultants (ITC) Section 2 that is used to reflect specific
country and assignment conditions to supplement, but not
to over-write, the provisions of theITC.
(j) “Day” means a calendar day, unless otherwise specified
as “Business Day”. A Business Day is any day that is
an official working day of the Borrower. It excludes the
Borrower’s official public holidays.
(k) “Experts” means, collectively, Key Experts, Non-Key
Experts, or any other personnel of the Consultant, Sub-
consultant or Joint Venture member(s).
(l) “Government” means the government of the Client’s
country.
(m) “In writing” means communicated in written form (e.g.
1 [“loan agreement” term is used for IBRD loans; “financing agreement” is used for IDA credits; and “grant agreement” is used for Recipient-Executed Trust
Funds administered by IBRD or IDA]
Section 2 . Instruction to Consultants
10

by mail, e-mail, fax, including, if specified in the Data

Sheet, distributed or received through the electronic-
procurement system used by the Client) with proof of
receipt;
(n) “Joint Venture (JV)” means an association with or
without a legal personality distinct from that of its
members, of more than one Consultant where one member
has the authority to conduct all business for and on behalf
of any and all the members of the JV, and where the
members of the JV are jointly and severally liable to the
Client for the performance of the Contract.
(o) “Key Expert(s)” means an individual professional whose
skills, qualifications, knowledge and experience are
critical to the performance of the Services under the
Contract and whose CV is taken into account in the
technical evaluation of the Consultant’s proposal.
(p) “ITC” (this Section 2 of the RFP) means the Instructions
to Consultants that provides the shortlisted Consultants
with all information needed to prepare their Proposals.
(q) “Non-Key Expert(s)” means an individual professional
provided by the Consultant or its Sub- consultant and who
is assigned to perform the Services or any part thereof
under the Contract and whose CVs are not evaluated
individually. However, they need to meet the minimum
qualifications and experience requirements
(r) “Proposal” means the Technical Proposal and the
Financial Proposal of the Consultant.

(s) “RFP” means the Request for Proposals to be prepared by

Data Sheet
the Client for the selection of consultants, based on the
SPD - RFP.
(t) “Services” means the work to be performed by the
Consultant pursuant to the Contract.
(u) “Sexual Exploitation and Abuse” “(SEA)” means the
following:
Sexual Exploitation is defined as any actual or attempted
abuse of position of vulnerability, differential power or
trust, for sexual purposes, including, but not limited to,
profiting monetarily, socially or politically from the
sexual exploitation of another.
Sexual Abuse is defined as the actual or threatened
physical intrusion of a sexual nature, whether by force or
under unequal or coercive conditions.
(v) “Sexual Harassment” “(SH)” is defined as unwelcome
sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature by the
Section 2 . Instruction to Consultants
11

Experts with other Experts or Client’s Personnel.

(w) “SPD - RFP” means the Standard Procurement
Document - Request for Proposals, which must be used by
the Client as the basis for the preparation of the RFP.
(x) “Sub-consultant” means an entity to whom the
Consultant intends to subcontract any part of the Services
while the Consultant remains responsible to the Client
during the whole performance of the Contract.
(y) “Terms of Reference (TORs)” (Section 7 of the RFP)
means the Terms of Reference that explains the
objectives, scope of work, activities, and tasks to be
performed, respective responsibilities of the Client and the
Consultant, and expected results and deliverables of the
assignment.

2. Introduction 2.1 The Client named in the Data Sheet intends to select a
consultant from those listed in the Request for Proposals
(RFP), in accordance with the method of selection
specified in the Data Sheet.
2.2 The shortlisted Consultants are invited to submit a
Technical Proposal and a Financial Proposal, or a
TechnicalProposal only, as specified in the Data Sheet,
for consulting services required for the assignment named
in the Data Sheet. The Proposal will be the basis for
negotiating and ultimately signing the Contract with the
selected Consultant.
2.3 The Consultants should familiarize themselves with the
local conditions and take them into account in preparing
their Proposals, including attending a pre-proposal
conference if one is specified in the Data Sheet.
Data Sheet Attending any such pre-proposal conference is optional
and is at the Consultants’ expense.
2.4 The Client will timely provide, at no cost to the
Consultants, the inputs, relevant project data, and reports
required for the preparation of the Consultant’s Proposal
as specified in the Data Sheet.
Section 2 . Instruction to Consultants
12

3. Conflict of 3.1 The Consultant is required to provide professional,

Interest objective, and impartial advice, at all times holding the
Client’s interests paramount, strictly avoiding conflicts
with other assignments or its own corporate interests, and
acting without any consideration for future work.
3.2 The Consultant has an obligation to disclose to the Client
any situation of actual or potential conflict that impacts its
capacity to serve the best interest of its client. Failure to
disclose such situations may lead to the disqualification of
the Consultant or the termination of its Contract and/or
sanctions by the Bank.
3.2.1 Without limitation on the generality of the foregoing,
the Consultant shall not be hired under the
circumstances set forth below:

a. Conflicting (i) Conflict between consulting activities and procurement

Activities of goods, works or non-consulting services: a firm that
has been engaged by the Client to provide goods,
works, or non-consulting services for aproject, or any
of its Affiliates, shall be disqualified from providing
consulting services resulting from or directly related
to those goods, works, or non- consulting services.
Conversely, a firm hired to provide consulting
services for the preparation or implementation of a
project, or any of its Affiliates, shall be disqualified
from subsequently providing goods or works or non-
consulting services resulting from or directly related
to the consulting services for such preparation or
implementation.

b. Conflicting (ii) Conflict among consulting assignments: a Consultant

Data Sheet
Assignments (including its Experts 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 for the same or for
another Client.
Section 2 . Instruction to Consultants
13

c. Conflicting (iii) Relationship with the Client’s staff: a Consultant

Relationships (including its Experts and Sub-consultants) that has a
close business or family relationship with a
professional staff of the Borrower (or of the Client, or
of implementing agency, or of a recipient of a part of
the Bank’s financing) who are directly or indirectly
involved in any part of (i) the preparation of the Terms
of Reference for the assignment, (ii) the selection
process for the Contract, or (iii) the 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 Bank
throughout the selection process and the execution of
the Contract.

4. Unfair 4.1 Fairness and transparency in the selection process require

Competitive that the Consultants or their Affiliates competing for a
Advantage specific assignment do not derive a competitive advantage
from having provided consulting services related to the
assignment in question. To that end, the Client shall
indicate in the Data Sheet and make available to all
shortlisted Consultants together with this RFP all
information that would in that respect give such Consultant
any unfair competitive advantage over competing
Consultants.

5. Fraud and 5.1 The Bank requires compliance with the Bank’s Anti-
Corruption Corruption Guidelines and its prevailing sanctions policies
and procedures as set forth in the WBG’s Sanctions
Framework, as set forth in Section 6.
5.2 In further pursuance of this policy, Consultants shall permit
and shall cause their agents (where declared or not),
Data Sheet subcontractors, subconsultants, service providers,
suppliers, and personnel, to permit the Bank to inspect all
accounts, records and other documents relating to any
shortlisting process, Proposal submission, and contract
performance (in the case of award), and to have them
audited by auditors appointed by the Bank.

6. Eligibility 6.1 The Bank permits consultants (individuals and firms,

including Joint Ventures and their individual members)
from all countries to offer consulting services for Bank-
financed projects.
6.2 Furthermore, it is the Consultant’s responsibility to ensure
that its Experts, joint venture members, Sub-consultants,
agents (declared or not), sub-contractors, service providers,
Section 2 . Instruction to Consultants
14

suppliers and/or their employees meet the eligibility

requirements as established by the Bank in the applicable
Procurement Regulations.
6.3 As an exception to the foregoing ITC 6.1 and ITC 6.2 above:

a. Sanctions 6.3.1 A Consultant that has been sanctioned by the Bank,

pursuant to the Bank’s Anti-Corruption Guidelines and
in accordance with its prevailing sanctions policies and
procedures as set forth in the WBG’s Sanctions
Framework as described in Section VI, Fraud and
Corruption, paragraph 2.2 d., shall be ineligible to be
shortlisted for, submit proposals for, or be awarded a
Bank-financed contract or benefit from a Bank-financed
contract, financially or otherwise, during such period of
time as the Bank shall have determined. The list of
debarred firms and individuals is available at the
electronic address specified in the Data Sheet.

b. Prohibitions 6.3.2 Firms and individuals of a country or goods

manufactured in a country may be ineligible if so
indicated in Section 5 (Eligible Countries) and:
(a) as a matter of law or official regulations, the
Borrower’s country prohibits commercial
relations with that country, provided that the Bank
is satisfied that such exclusion does not preclude
effective competition for the provisionof 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,
Data Sheet the Borrower’s Country prohibits any import of
goods from that country or any payments to any
country, person, or entity in that country.

c. Restrictions for 6.3.3 State-owned enterprises or institutions in the

State-Owned Borrower’s country may be eligible to compete andbe
Enterprises awarded a contract only if they can establish, in a
manner acceptable to the Bank, that they: (i) are
legally and financially autonomous, (ii) operate
under commercial law, and (iii) are not under
supervision of the Client.
Section 2 . Instruction to Consultants
15

d. Restrictions for 6.3.4 Government officials and civil servants of the

Public Employees Borrower’s country are not eligible to be included
as Experts, individuals, or members of a team of
Experts in the Consultant’s Proposal unless:
(i) the services of the government official or civil
servant are of a unique and exceptional nature,
or their participation is critical to project
implementation; and
(ii) their hiring would not create a conflict of
interest, including any conflict with
employment or other laws, regulations, or
policies of the Borrower.
B. Preparation of Proposals
7. General 7.1 In preparing the Proposal, the Consultant is expected to
Considerations examine the RFP in detail. Material deficiencies in
providing the information requested in the RFP may result
in rejection of the Proposal.

8. Cost of 8.1 The Consultant shall bear all costs associated with the
Preparation of preparation and submission of its Proposal, and the Client
Proposal shall not be responsible or liable for those costs, regardless
of the conduct or outcome of the selection process. The
Client is not bound to accept any proposal and reserves the
right to annul the selection process at any time prior to
Contract award, without thereby incurring any liability to the
Consultant.

9. Language 9.1 The Proposal, as well as all correspondence and documents

relating to the Proposal exchanged between the Consultant
and the Client, shall be written in the language(s) specified
Data Sheet in the Data Sheet.

10. Documents 10.1 The Proposal shall comprise the documents and forms
Comprising the listed in the Data Sheet.
Proposal 10.2 If specified in the Data Sheet, the Consultant shall include
a statement of an undertaking of the Consultant to observe,
in competing for and executing a contract, the Client
country’s laws against fraud and corruption (including
bribery).
10.3 The Consultant shall furnish information on commissions,
gratuities, and fees, if any, paid or to be paid to agents or
any other party relating to this Proposal and, if awarded,
Contract execution, as requested in the Financial Proposal
submission form (Section 4).
Section 2 . Instruction to Consultants
16

11. Only OneProposal 11.1 The Consultant (including the individual members of any
Joint Venture) shall submit only one Proposal, either in its
own name or as part of a Joint Venture in another Proposal.
If a Consultant, including any Joint Venture member,
submits or participates in more than one proposal, all such
proposals shall be disqualified and rejected. This does not,
however, preclude a Sub-consultant, or the Consultant’s
staff from participating as Key Experts and Non-Key
Experts in more than one Proposal when circumstances
justify and if stated in the Data Sheet.

12. Proposal Validity 12.1 Proposals shall remain valid until the date specified in the
Data Sheet or any extended date if amended by the Client
in accordance with ITC 13.1.1.
12.2 During this period, the Consultant shall maintain its
original Proposal without any change, including the
availability of the Key Experts, the proposed rates and the
total price.
12.3 If it is established that any Key Expert nominated in the
Consultant’s Proposal was not available at the time of
Proposal submission or was included in the Proposal
without his/her confirmation, such Proposal shall be
disqualified and rejected for further evaluation and may be
subject to sanctions in accordance with ITC 5.

a. Extension of 12.4 The Client will make its best effort to complete the
Proposal Validity negotiations and award the contract prior to the date of
expiry of the Proposal validity. However, should the need
arise, the Client may request, in writing, all Consultants
who submitted Proposals prior to the submission deadline
to extend the Proposals’ validity.
Data Sheet
12.5 If the Consultant agrees to extend the validity of its
Proposal, it shall be done without any change in the original
Proposal and with the confirmation of the availability of the
Key Experts, except as provided in ITC 12.7.
12.6 The Consultant has the right to refuse to extend the validity
of its Proposal in which case such Proposal will not be
further evaluated.

b. Substitution of 12.7 If any of the Key Experts become unavailable for the
Key Experts at extended validity period, the Consultant shall seek to
Validity Extension substitute another Key Expert. The Consultant shall provide
Section 2 . Instruction to Consultants
17

a written adequate justification and evidence satisfactory to

the Client together with the substitution request. In such
case, a substitute Key Expert shall have equal or better
qualifications and experience than those of the originally
proposed Key Expert. The technical evaluation score,
however, will remain to be based on the evaluation of the
CV of the original Key Expert.
12.8 If the Consultant fails to provide a substitute Key Expert
with equal or better qualifications, or if the provided
reasons for the replacement or justification are
unacceptable to the Client, such Proposal will be rejected
with the prior Bank’s no objection.

c. Sub- 12.9 The Consultant shall not subcontract the whole of the
Contracting Services.

13. Clarification and 13.1 The Consultant may request a clarification of any part of
Amendment of the RFP during the period indicated in the Data Sheet
RFP before the Proposals’ submission deadline. Any request for
clarification must be sent in writing, or by standard
electronic means, to the Client’s address indicated in the
Data Sheet. The Client will respond in writing, or by
standard electronic means, and will send written copies of
the response (including an explanation of the query but
without identifying its source) to all shortlisted Consultants.
Should the Client deem it necessary to amend the RFP as a
result of a clarification, it shall do so following the
procedure described below:
13.1.1 At any time before the proposal submission
deadline, the Client may amend the RFP by issuing
an amendment in writing or by standard electronic
Data Sheet means. The amendment shall be sent to all
shortlisted Consultants and will be binding on them.
The shortlisted Consultants shall acknowledge
receipt of all amendments in writing.
13.1.2 If the amendment is substantial, the Client may
extend the proposal submission deadline to give
the shortlisted Consultants reasonable time to take
an amendment into account in their Proposals.
13.2 The Consultant may submit a modified Proposal or a
modification to any part of it at any time prior to the
proposal submission deadline. No modifications to the
Technical or Financial Proposal shall be accepted after the
deadline.
Section 2 . Instruction to Consultants
18

14.1 While preparing the Proposal, the Consultant must give

14. Preparation of
particular attention to the following:
Proposals Specific
Considerations 14.1.1 If a shortlisted Consultant considers that it may
enhance its expertise for the assignment by
associating with other consultants in the form of a
Joint Venture or as Sub-consultants, it may do so
with either (a) non-shortlisted Consultant(s), or (b)
shortlisted Consultants if permitted in the Data
Sheet. In all such cases a shortlisted Consultant
must obtain the written approval of the Client prior
to the submission of the Proposal. When
associating with non-shortlisted firms in the form
of a joint venture or a sub-consultancy, the
shortlisted Consultant shall be a lead member. If
shortlisted Consultants associate with each other,
any of them can be a lead member.
14.1.2 The Client may indicate in the Data Sheet the
estimated Key Experts’ time input (expressed in
person-month) or the Client’s estimated total cost
of the assignment, but not both. This estimate is
indicative and the Proposal shall be based on the
Consultant’s own estimates for the same.
14.1.3 If stated in the Data Sheet, the Consultant shall
include in its Proposal at least the same time input
(in the same unit as indicated in the Data Sheet) of
Key Experts, failing which the Financial Proposal
will be adjusted for the purpose of comparison of
proposals and decision for award in accordance
with the procedure in the Data Sheet.
14.1.4 For assignments under the Fixed-Budget selection
Data Sheet method, the estimated Key Experts’ time input is
not disclosed. Total available budget, with an
indication whether it is inclusive or exclusive of
taxes, is given in the Data Sheet, and the Financial
Proposal shall not exceed this budget.

15. Technical Proposal 15.1 The Technical Proposal shall be prepared using the
Formatand Standard Forms provided in Section 3 of the RFP and shall
Content comprise the documents listed in the Data Sheet. The
Technical Proposal shall not include any financial
information. A Technical Proposal containing material
financial information shall be declared non-responsive.
15.1.1 Consultant shall not propose alternative Experts.
Only one CV shall be submitted for each Expert
Section 2 . Instruction to Consultants
19

position. Failure to comply with this requirement

will make the Proposal non-responsive.
15.2 Depending on the nature of the assignment, the Consultant
is required to submit a Full Technical Proposal (FTP), or
a Simplified Technical Proposal (STP) as indicated in the
Data Sheet and using the Standard Forms provided in
Section 3 of the RFP.

16. FinancialProposal 16.1 The Financial Proposal shall be prepared using the Standard
Forms provided in Section 4 of the RFP. It shall list all
costs associated with the assignment, including (a)
remuneration for Experts; and (b) reimbursable expenses
indicated in the Data Sheet.

a. Price 16.2 For assignments with a duration exceeding 18 months, a

Adjustment price adjustment provision for foreign and/or local
inflation for remuneration rates applies if so stated in the
Data Sheet.

b. Taxes 16.3 The Consultant and its Sub-consultants and Experts are
responsible for meeting all tax liabilities arising out of the
Contract unless stated otherwise in the Data Sheet.
Information on taxes in the Client’s country is provided in
the Data Sheet.

c. Currency of 16.4 The Consultant may express the price for its Services in
Proposal the currency or currencies as stated in the Data Sheet. If
indicated in the Data Sheet, the portion of the price
representing local cost shall be stated in the national
currency.

d. Currency of 16.5 Payment under the Contract shall be made in the currency
Payment
Data Sheet or currencies in which the payment is requested in the
Proposal.
C. Submission, Opening and Evaluation
17. Submission, 17.1 The Consultant shall submit a signed and complete Proposal
Sealing, and comprising the documents and forms in accordance with
Marking of ITC 10 (Documents Comprising Proposal). Consultants
Proposals shall mark as “CONFIDENTIAL” information in their
Proposals which is confidential to their business. This may
include proprietary information, trade secrets or
commercial or financially sensitive information.
The submission can be done by mail or by hand. If
specified in the Data Sheet, the Consultant has the option of
submitting its Proposals electronically.
Section 2 . Instruction to Consultants
20

17.2 An authorized representative of the Consultant shall sign

the original submission letters in the required format for
both the Technical Proposal and, if applicable, the Financial
Proposal and shall initial all pages of both. The
authorization shall be in the form of a written power of
attorney attached to the Technical Proposal.
17.2.1 A Proposal submitted by a Joint Venture shall be
signed by all members so as to be legally binding on
all members, or by an authorized representative who
has a written power of attorney signed by each
member’s authorized representative.
17.3 Any modifications, revisions, interlineations, erasures, or
overwriting shall be valid only if they are signed or initialed
by the person signing the Proposal.
17.4 The signed Proposal shall be marked “ORIGINAL”, and its
copies marked “COPY” as appropriate. The number of
copies is indicated in the Data Sheet. All copies shall be
made from the signed original. If there are discrepancies
between the original and the copies, the original shall
prevail.
17.5 The original and all the copies of the Technical Proposal
shall be placed inside a sealed envelope clearly marked
“TECHNICAL PROPOSAL”, “[Name of the Assignment],
[reference number], [name and address of the Consultant]”,
and with a warning “DO NOT OPEN UNTIL [INSERT THE
DATE AND THE TIME OF THE TECHNICAL PROPOSAL
SUBMISSION DEADLINE].”

17.6 Similarly, the original Financial Proposal (if required for

the applicable selection method) and its copies shall be
Data Sheet placed inside of a separate sealed envelope clearly marked
“FINANCIAL PROPOSAL” “[Name of the Assignment],
[reference number], [name and address of the Consultant]”,
and with a warning “DO NOT OPEN WITH THE
TECHNICAL PROPOSAL.”
17.7 The sealed envelopes containing the Technical and
Financial Proposals shall be placed into one outer envelope
and sealed. This outer envelope shall be addressed to the
Client and bear the submission address, RFP reference
number, the name of the assignment, the Consultant’s name
and the address, and shall be clearly marked “Do Not Open
Before [insert the time and date of the submission deadline
indicated in the Data Sheet]”.
17.8 If the envelopes and packages with the Proposal are not
sealed and marked as required, the Client will assume no
responsibility for the misplacement, loss, or premature
opening of the Proposal.
Section 2 . Instruction to Consultants
21

17.9 The Proposal or its modifications must be sent to the

address indicated in the Data Sheet and received by the
Client no later than the deadline indicated in the Data Sheet,
or any extension to this deadline. Any Proposal or its
modification received by the Client after the deadline shall
be declared late and rejected, and promptly returned
unopened.

18. Confidentiality 18.1 From the time the Proposals are opened to the time the
Contract is awarded, the Consultant should not contact the
Client on any matter related to its Technical and/or
Financial Proposal. Information relating to the evaluation
of Proposals and award recommendations shall not be
disclosed to the Consultants who submitted the Proposals
or to any other party not officially concerned with the
process, until the Notification of Intention to Award the
Contract. Exceptions to this ITC are where the Client
notifies Consultants of the results of the evaluation of the
Technical Proposals.
18.2 Any attempt by shortlisted Consultants or anyone on behalf
of the Consultant to influence improperly the Client in the
evaluation of the Proposals or Contract award decisions
may result in the rejection of its Proposal, and may be
subject to the application of prevailing Bank’s sanctions
procedures.
18.3 Notwithstanding the above provisions, from the time of the
Proposals’ opening to the time of Contract award
publication, if a Consultant wishes to contact the Client or
the Bank on any matter related to the selection process, it
shall do so only in writing.
Data Sheet
19. Opening of 19.1 The Client’s evaluation committee shall conduct the
Technical opening of the Technical Proposals in the presence of the
Proposals shortlisted Consultants’ authorized representatives who
choose to attend (in person, or online if this option is
offered in the Data Sheet). The opening date, time and the
address are stated in the Data Sheet. The envelopes with
the Financial Proposal shall remain sealed and shall be
securely stored with a reputable public auditor or
independent authority until they are opened in accordance
with ITC 23.
Section 2 . Instruction to Consultants
22

19.2 At the opening of the Technical Proposals the following

shall be read out: (i) the name and the country of the
Consultant or, in case of a Joint Venture, the name of the
Joint Venture, the name of the lead member and the names
and the countries of all members; (ii) the presence or
absence of a duly sealed envelope with the Financial
Proposal; (iii) any modifications to the Proposal
submittedprior to proposal submission deadline; and (iv)
any other information deemed appropriate or as indicated
in the DataSheet.
20. Proposals 20.1 Subject to provision of ITC 15.1, the evaluators of the
Evaluation Technical Proposals shall have no access to the Financial
Proposals until the technical evaluation is concluded and
the Bank issues its “no objection”, if applicable.
20.2 The Consultant is not permitted to alter or modify its
Proposal in any way after the proposal submission deadline
except as permitted under ITC 12.7. While evaluating the
Proposals, the Client will conduct the evaluation solely on
the basis of the submitted Technical and Financial
Proposals.

21. Evaluation of 21.1 The Client’s evaluation committee shall evaluate the
Technical Technical Proposals on the basis of their responsiveness to
Proposals the Terms of Reference and the RFP, applying the
evaluation criteria, sub-criteria, and point system specified
in the Data Sheet. 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 RFP or
ifit fails to achieve the minimum technical score indicated
inthe Data Sheet.
DataFinancial
22. Sheet 22.1 Following the ranking of the Technical Proposals, when
Proposals forQBS the selection is based on quality only (QBS), the top-ranked
Consultant is invited to negotiate the Contract.
22.2 If Financial Proposals were invited together with the
Technical Proposals, only the Financial Proposal of the
technically top-ranked Consultant is opened by the Client’s
evaluation committee. All other Financial Proposals are
returned unopened after the Contract negotiations are
successfully concluded and the Contract is signed.

23. Public Opening of 23.1 After the technical evaluation is completed and the Bank
Financial has issued its no objection (if applicable), the Client shall
Proposals (for notify those Consultants whose Proposals were considered
QCBC, FBS, and non-responsive to the RFP and TOR or did not meet the
LCS methods) minimum qualifying technical score, advising them the
following:
Section 2 . Instruction to Consultants
23

(i) their Proposal was not responsive to the RFP and TOR
or did not meet the minimum qualifying technical
score.
(ii) provide information relating to the Consultant’s
overall technical score, as well as scores obtained for
each criterion and sub-criterion.
(iii) their Financial Proposals will be returned unopened
after completing the selection process and Contract
signing; and
(iv) notify them of the date, time and location of the public
opening of the Financial Proposals and invite them to
attend.
23.2 The Client shall simultaneously notify in writing those
Consultants whose Proposals were considered responsive to
the RFP and TOR, and that have achieved the minimum
qualifying technical score, advising them the following:
(i) their Proposal was responsive to the RFP and TORand
met the minimum qualifying technical score.
(ii) provide information relating to the Consultant’s
overall technical score, as well as scores obtained for
each criterion and sub-criterion.
(iii) their Financial Proposal will be opened at the public
opening of Financial Proposals; and
(iv) notify them of the date, time and location of the public
opening and invite them for the opening of the
Financial Proposals.
23.3 The opening date shall be no less than ten (10) Business Days
from the date of notification of the results of the technical
Data Sheet
evaluation, described in ITC 23.1 and 23.2. However, if the
Client receives a complaint on the results of the technical
evaluation within the ten (10) Business Days, the opening date
shall be subject to ITC 35.1.
23.4 The Consultant’s attendance at the opening of the Financial
Proposals (in person, or online if such option is indicated
in the Data Sheet) is optional and is at the Consultant’s choice.
Section 2 . Instruction to Consultants
24

23.5 The Financial Proposals shall be opened publicly by the

Client’s evaluation committee in the presence of the
representatives of the Consultants and anyone else who
chooses to attend. Any interested party who wishes to attend
this public opening should contact the client as indicated in
the Data Sheet. Alternatively, a notice of the public opening
of Financial Proposals may be published on the Client’s
website, if available. At the opening, the names of the
Consultants, and the overall technical scores, including the
break-down by criterion, shall be read aloud. The Financial
Proposals will then be inspected to confirm that they have
remained sealed and unopened. These Financial Proposals
shall be then opened, and the total prices read aloud and
recorded. Copies of the record shall be sent to all Consultants
who submitted Proposals and to the Bank.

24. Correction of 24.1 Activities and items described in the Technical Proposal but
Errors not priced in the Financial Proposal, shall be assumed to be
included in the prices of other activities or items, and no
corrections are made to the Financial Proposal.

a. Time- 24.1.1 If a Time-Based contract form is included in the RFP,

Based the Client’s evaluation committee will (a) correct any
Contracts computational or arithmetical errors, and
(b) adjust the prices if they fail to reflect all inputs
included for the respective activities or items included
in the Technical Proposal. In case of discrepancy
between (i) a partial amount (sub-total)and the total
amount, or (ii) between the amount derived by
multiplication of unit price with quantityand the total
price, or (iii) between words and figures, the former
Data Sheet will prevail. In case of discrepancy between the
Technical and Financial Proposals in indicating
quantities of input, the Technical Proposal prevails
and the Client’s evaluation committee shall correct the
quantificationindicated 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, andcorrect the total Proposal cost.

b. Lump- 24.1.2 If a Lump-Sum contract form is included in the RFP, the

Sum Consultant is deemed to have included all prices in the
Contracts Financial Proposal, so neither arithmetical
corrections nor price adjustments shall be made.
Section 2 . Instruction to Consultants
25

The total price, net of taxes understood as per ITC

25, specified in the Financial Proposal (Form FIN-1)
shall be considered as the offered price. Where there
is a discrepancy between the amount in wordsand the
amount figures, the amount in words shall prevail.

25. Taxes 25.1 The Client’s evaluation of the Consultant’s Financial

Proposal shall exclude taxes and duties in the Client’s
country in accordance with the instructions in the Data
Sheet.

26. Conversion to 26.1 For the evaluation purposes, prices shall be converted to a
Single Currency single currency using the selling rates of exchange, source
and date indicated in the Data Sheet.

27. Combined
Quality and Cost
Evaluation

a. Quality and 27.1 In the case of QCBS, the total score is calculated by
Cost-Based weighting the technical and financial scores and adding
Selection (QCBS) them as per the formula and instructions in the Data Sheet.
The Consultant with the Most Advantageous Proposal,
which is the Proposal that achieves the highest combined
technical and financial scores, will be invited for
negotiations.
b. Fixed- 27.2 In the case of FBS, those Proposals that exceed the budget
Budget indicated in ITC 14.1.4 of the Data Sheet shall be rejected.
Selection (FBS)
27.3 The Client will select the Consultant with the Most
Advantageous Proposal, which is the highest-ranked
Data Sheet Technical Proposal that does not exceed the budget
indicated in the RFP and invite such Consultant to negotiate
the Contract.

c. Least-Cost 27.4 In the case of Least-Cost Selection (LCS), the Client will
Selection select the Consultant with the Most Advantageous Proposal,
which is the Proposal with the lowest evaluated total price
among those Proposals that achieved the minimum
qualifying technical score and invite such a consultant to
negotiate the Contract.
Section 2 . Instruction to Consultants
26

D. Negotiations and Award

28.1 The negotiations will be held at the date and address
28. Negotiations
indicated in the Data Sheet with the Consultant’s
representative(s) who must have written power of attorney
to negotiate and sign a Contract on behalf of the
Consultant.
28.2 The Client shall prepare minutes of negotiations that are
signed by the Client and the Consultant’s authorized
representative.
a. Availability of 28.3 The invited Consultant shall confirm the availability of all
Key Experts Key Experts included in the Proposal as a pre-requisite to
the negotiations, or, if applicable, a replacement in
accordance with ITC 12. Failure to confirm the Key
Experts’ availability may result in the rejection of the
Consultant’s Proposal and the Client proceeding to
negotiate the Contract with the next-ranked Consultant.
28.4 Notwithstanding the above, the substitution of Key Experts
at the negotiations may be considered if due solely to
circumstances outside the reasonable control of and not
foreseeable by the Consultant, including but not limited to
death or medical incapacity. In such case, the Consultant
shall offer a substitute Key Expert within the period of time
specified in the letter of invitation to negotiate the Contract,
who shall have equivalent or better qualifications and
experience than the original candidate.

b. Technical 28.5 The negotiations include discussions of the Terms of

Negotiations Reference (TORs), the proposed methodology, the Client’s
inputs, the special conditions of the Contract, and finalizing
the “Description of Services” part of the Contract. These
discussions shall not substantially alter the original scope
Data Sheet
of services under the TOR or the terms of the contract, lest
the quality of the final product, its price, or the relevance
of the initial evaluation be affected.

c. Financial 28.6 The negotiations include the clarification of the

Negotiations Consultant’s tax liability in the Client’s country and how it
should be reflected in the Contract.
28.7 If the selection method included cost as a factor in the
evaluation, the total price stated in the Financial Proposal
for a Lump-Sum contract shall not be negotiated.
28.8 In the case of a Time-Based contract, unit rates
negotiations shall not take place, except when the offered
Key Experts and Non-Key Experts’ remuneration rates are
much higher than the typically charged rates by consultants
in similar contracts. In such case, the Client may ask for
clarifications and, if the fees are very high, ask to change
Section 2 . Instruction to Consultants
27

the rates after consultation with the Bank. The format for
(i) providing information on remuneration rates in the case
of Quality Based Selection; and (ii) clarifying
remuneration rates’ structure under this Clause, is provided
in Appendix A to the Financial Form FIN-3: Financial
Negotiations – Breakdown of Remuneration Rates.

29. Conclusion of 29.1 The negotiations are concluded with a review of the
Negotiations finalized draft Contract, which then shall be initiated by the
Client and the Consultant’s authorized representative.
29.2 If the negotiations fail, the Client shall inform the
Consultant in writing of all pending issues and
disagreements and provide a final opportunity to the
Consultant to respond. If disagreement persists, the Client
shall terminate the negotiations informing the Consultant
of the reasons for doing so. After having obtained the
Bank’s no objection, the Client will invite the next-ranked
Consultant to negotiate a Contract. Once the Client
commences negotiations with the next-ranked Consultant,
the Client shall not reopen the earlier negotiations.

30. Standstill Period 30.1 The Contract shall not be awarded earlier than the expiry of
the Standstill Period. The Standstill Period shall be ten
(10) Business Days unless extended in accordance with
ITC 33. The Standstill Period commences the day after the
date the Client has transmitted to each Consultant (that has
not already been notified that it has been unsuccessful) the
Notification of Intention to Award the Contract. Where
only one Proposal is submitted, or if this contract is in
response to an emergency situation recognized by the
Bank, the Standstill Period shall not apply.

31.Data Sheet
Notification of 31.1 The Client shall send to each Consultant (that has not
Intention to already been notified that it has been unsuccessful) the
Award Notification of Intention to Award the Contract to the
successful Consultant. The Notification of Intention to
Award shall contain, at a minimum, the following
information:
(a) the name and address of the Consultant with whom
the client successfully negotiated a contract;
(b) the contract price of the successful Proposal;
(c) the names of all Consultants included in the short list,
indicating those that submitted Proposals;
(d) where the selection method requires, the price offered
by each Consultant as read out and as evaluated;
Section 2 . Instruction to Consultants
28

(e) the overall technical scores and scores assigned for

each criterion and sub-criterion to each Consultant;
(f) the final combined scores and the final ranking of the
Consultants;
(g) a statement of the reason (s) why the recipient’s
Proposal was unsuccessful, unless the combined
score in (f) above already reveals the reason;
(h) the expiry date of the Standstill Period; and
(i) instructions on how to request a debriefing and/or
submit a complaint during the Standstill Period.
32. Notification of 32.1 Upon expiry of the Standstill Period, specified in ITC 30.1
Award or any extension thereof, and upon satisfactorily addressing
any complaint that has been filed within the Standstill
Period, the Client shall, send a notification of award to the
successful Consultant, confirming the Client’s intention to
award the Contract to the successful Consultant and
requesting the successful Consultant to sign and return the
draft negotiated Contract within eight (8) Business Days
from the date of receipt of such notification. If specified
in the Data Sheet, the client shall simultaneously request
the successful Consultant to submit, within eight (8)
Business Days, the Beneficial Ownership Disclosure Form.
Contract Award Notice
Within ten (10) Business Days from the date of notification
of award such request, the Client shall publish the Contract
Award Notice which shall contain, at a minimum, the
following information:
(a) name and address of the Client;
Data Sheet
(b) name and reference number of the contract
beingawarded, and the selection method used;
(c) names of the consultants that submitted
proposals, and their proposal prices as read out at
financial proposal opening, and as evaluated;
(d) names of all Consultants whose Proposals
wererejected or were not evaluated, with the
reasons
therefor;
(e) the name of the successful consultant, the final
totalcontract price, the contract duration and a
summaryof its scope; and
(f) successful Consultant’s Beneficial Ownership
Disclosure Form, if specified in Data Sheet
ITC 32.1.
Section 2 . Instruction to Consultants
29

32.2 The Contract Award Notice shall be published on the Client’s

website with free access if available, or in at least one
newspaper of national circulation in the Client’s Country, or
in the official gazette. The Client shall also publish the
contract award notice in UNDB online.

33. Debriefing by the 33.1 On receipt of the Client’s Notification of Intention toAward
Client referred to in ITC 31.1, an unsuccessful Consultant has three
(3) Business Days to make a written request to the Client for
a debriefing. The Client shall provide a debriefing to all
unsuccessful Consultants whose request is received within
this deadline.
33.2 Where a request for debriefing is received within the
deadline, the Client shall provide a debriefing within five
(5) Business Days, unless the Client decides, for justifiable
reasons, to provide the debriefing outside this timeframe. In
that case, the standstill period shall automatically be
extended until five (5) Business Days after such debriefing is
provided. If more than one debriefing is so delayed, the
standstill period shall not end earlier than five (5) Business
Days after the last debriefing takes place. The Client shall
promptly inform, by the quickest means available, all
Consultants of the extended standstill period.
33.3 Where a request for debriefing is received by the Client later
than the three (3)-Business Day deadline, the Client should
provide the debriefing as soon as practicable, and normally
no later than fifteen (15) Business Days from the date of
publication of Public Notice of Award of contract. Requests
for debriefing received outside the three (3)-day deadline
shall not lead to extension of the standstill period.
Data Sheet 33.4 Debriefings of unsuccessful Consultants may be done in
writing or verbally. The Consultants shall bear their own
costs of attending such a debriefing meeting.

34. Signing of 34.1 The Contract shall be signed prior to the expiry date of the
Contract Proposal validity and promptly after expiry of the Standstill
Period, specified in ITC 30.1 or any extension thereof, and
upon satisfactorily addressing any complaint that has been
filed within the Standstill Period.

34.2 The Consultant is expected to commence the assignment on

the date and at the location specified in the Data Sheet.

35. Procurement 35.1 The procedures for making a Procurement-

Related relatedComplaint are as specified in the Data Sheet.
Complaint
 Section 2 . Instruction to Consultants
30

E. Data Sheet

ITC
Reference A. General

1 (b) Applicable Law: Government of India

1 (m) Electronic –Procurement System

The Client shall use the following electronic-procurement system to manage
this Request for Proposal (RFP) process:
E procurement portal of Govt. of Assam https://assamtenders.gov.in
The electronic-procurement system shall be used to manage the following
part of the RFP process:
 Issuing RFP
 Submissions of Proposals
 Opening of Proposals
 Issue of Addenda and Corrigendum, etc.
 Contract Award Notice

2.1 Name of the Client: Chief Engineer, Water Resources Department,

Government of Assam
Method of selection: Quality & Cost Based Selection (QCBS) as per
The World Bank Procurement Regulations for IPF Borrowers dated Nov 2020
available on https:// www.worldbank.org

2.2 Financial Proposal to be submitted together with Technical Proposal:

Yes. Financial Proposal to be uploaded along with the Technical Proposal in a
Data Sheet
separate file.
The name of the assignment is: Consultancy services for Flood Forecasting
and Integrated Flood Risk Management Planning for Beki, Buridehing and
Jiadhal sub-basins of Brahmaputra River under AIRBMP.

2.3 A pre-proposal conference will be held: Yes (Mode: Online)

Date of pre-proposal conference: 10/07/2023

 Section 2 . Instruction to Consultants
31

Time: 13.00 HRS (IST)

Address: Conference Hall of FREMAA at 1st Floor of Assam Water Centre,
Basistha Chariali, Guwahati-781029
Telephone: (0361)2309896 Facsimile: NA
E-mail hiu.wrd@gmail.com
Contact person/conference coordinator: Superintending Engineer HIU, WRD
& Director Planning WRD, FREMAA
Shri Bhaskar Jyoti Das, Mob: (+919435041754)
The pre-proposal conference will be connected virtually, apart from being
heldat the venue mentioned above, for which the electronic connection link
will be sent by the Client at least two (2) calendar days before the meeting
through email to all the shortlisted Consultants.
Not Applicable
2.4

4.1 Not Applicable

A list of debarred firms and individuals is available at the Bank’s external
6.3.1 website: www.worldbank.org/debarr

B. Preparation of Proposals
9.1 This RFP has been issued in the English language.
Proposals shall be submitted in English language.
All correspondence exchange shall be in English language.

The Proposal shall comprise the following. The Technical and Financial
10.1 Proposals shall be submitted online in the e-procurement system in separate
folders:
Data Sheet
For FULL TECHNICAL PROPOSAL (FTP):
The Technical Proposal to be uploaded in e-
Procurement website:
(1) Power of Attorney to sign the Proposal.
(2) TECH-1
(3) TECH-2
(4) TECH-3
(5) TECH-4
 Section 2 . Instruction to Consultants
32

(6) TECH-5
(7) TECH-6
(8) TECH-7 Code of Conduct: The Consultant shall submit its Code of
Conduct that will apply to the Experts. The Consultant shall use for this
purpose the Code of Conduct form in Section 3. No substantial
modifications shall be made to this form, except that the Consultant
may introduce additional requirements, including as necessary to take
into account specific Contract issues/risks.
AND
The Financial Proposal comprising:
(1) FIN-1
(2) FIN-2
(3) FIN-3
(4) FIN-4

10.2 Statement of Undertaking is required: Yes.

[This statement is included in Form TECH-1]

Participation of Sub-consultants, Key Experts and Non-Key Experts in

11.1 more than one Proposal is permissible: NO

12.1 Proposals shall be valid until 180 days. from the date of proposal submission
deadline (the ‘Proposal Validity Period’).

12.4 Replace second sentence of ITC 12.4 with the following:

“However, should the need arise, any request for extension of validity will be
hosted on e-procurement portal and an e-mail will be sent to each shortlisted
Data Sheet Consultant. The Consultants may send their response if any on the e-
procurement portal and through e-mail at the e-mail id given in Data Sheet 2.3.

13 Replace ITC 13 with the following:

“13.1. The e-procurement system specified in ITC 1(m) provides for online
clarifications. A Consultant may request an online clarification of any part of
the RFP during the period indicated in the Data Sheet before the Proposals’
 Section 2 . Instruction to Consultants
33

submission deadline, or raise its inquiries during the pre-proposal conference.

Clarifications requested through any other mode shall not be considered by the
Client. The Client will respond online by uploading the response (including an
explanation of the query but without identifying its source) for information of
all shortlisted Consultants. Should the Client deem it necessary to amend the
RFP as a result of a clarification, it shall do so following the procedure
described in ITC 13.1.1 and ITC 13.1.2 below. It is the consultant’s
responsibility to check on the e-procurement system, for any addendum/
amendment/ corrigendum to the RFP document.
13.1.1 At any time before the proposal submission deadline, the Client
may amend the RFP by issuing an amendment online in accordance with
the procedure described in the Data Sheet. The amendment shall be
binding on all shortlisted Consultants. The Client shall not be liable for any
information not received by the shortlisted Consultants. It is the shortlisted
Consultants’ responsibility to verify the website for the latest information
related to the RFP.
13.1.2 If the amendment is substantial, the Client may extend the proposal
submission deadline to give the shortlisted Consultants reasonable time
totake an amendment into account in their Proposals, by amending the
RFP in accordance with ITC 13.1.1.
13.2 A Consultant may modify its Proposal in the following manner, by using
the appropriate option for proposal modification on e-procurement portal,
before the deadline for submission of proposals. No modifications to the
Technical or Financial Proposal shall be accepted after the proposal submission
deadline.
(a) For proposal modification and consequential re-submission, the
Consultant is not required to withdraw the proposal submitted earlier. The last
modified proposal submitted by the consultant within the proposal submission
Data Sheet time shallbe considered as the ‘Proposal’.
(b) For this purpose, modification/withdrawal by other means will not be
accepted.
(c) The modification and consequential re-submission of proposals is allowed
any number of times.
(d) A consultant may withdraw its proposal by using the appropriate option for
proposal withdrawal, before the deadline for submission of proposals.
However, if the proposal is withdrawn, re-submission is not allowed.

13.1 Clarifications may be requested online no later than 14 days prior to

the submission deadline.
The system will also send auto-e-mail regarding hosting of query and
response to all the shortlisted Consultants. The shortlisted Consultants shall
remain responsible to view query and response thereto.
 Section 2 . Instruction to Consultants
34

13.1.1 The Client will host the amendment to RFP, if any on the e-procurement portal at
any time prior to the submission deadline.
The system will also send auto-e-mail regarding hosting of amendment to RFP to
all the shortlisted Consultants. The shortlisted Consultants shall remain
responsible to view amendment to RFP.

13.2 (d) Re-submission of the proposal is not allowed, if withdrawn.

14.1.1 Shortlisted Consultants may associate with only

non-shortlisted consultant(s): YES. With prior approval of the Client, see
ITC14.1.1, a non-shortlisted consultant may associate as a sub-consultant
but not as a JV member.

14.1.2 Total estimated number of person months is 241, including Tier 1, Tier
2, and Tier 3 experts (see TOR).

Due to the significance of building the capacity of government staff, the Client
prefers maximizing the presence of key experts in Assam. In the Technical
Proposal, the Consultant should outline their approach to fulfill this need with
a general target of around 80% of time spent in Assam.

14.1.3 Not Applicable

for time-
based
contracts
only
14.1.4 and
27.2Data Sheet Not Applicable
use for Fixed
Budget
method

15.1 Delete from the first sentence of ITC 15.1, the following: ‘and shall
comprise the documents listed in the Data Sheet’.

15.2 The format of the Technical Proposal to be submitted is: Full Technical
Proposal (FTP)
Submission of the Technical Proposal in a wrong format may lead to the
Proposal being deemed non-responsive to the RFP requirements.
 Section 2 . Instruction to Consultants
35

16.1 Items of reimbursable expenses to be considered by the Consultant are as

under
(1) per diem allowance, including hotel, for experts for every day of
absence from the home office for the purposes of the Services.
(2) cost of travel by the most appropriate means of transport and the most
direct practicable route; and
(3) other allowances where applicable.

16.2 A price adjustment provision applies to remuneration rates:

No;

16.3 Information on the Consultant’s tax obligations in India can be found

from the Ministry of Finance, Government of India website
http://finmin.nic.in.
Consultants are also advised to consult, if necessary, Taxation experts in
India.
Consultants (Foreign and Domestic) and their Sub-consultants and Experts are
responsible for payment of all taxes as applicable in India.
The Client will, however, reimburse on proof of submission with relevant
Government Authority, the following indirect taxes/ duties. Statutory
deductions of taxes at source (TDS), however, shall be made as applicable.
a. Duties on imported equipment brought by foreign consultants to India
to provide the required services; and
b. Goods & Services Tax (GST) payable on the contract value by both
foreign and domestic consultants, as per Applicable Law in India.
The above only are to be shown separately in the financial proposal.
Data Sheet

16.4 The Financial Proposal shall be stated in the following currencies:

Consultant may express the price for their Services in any fully convertible
currency singly or in combination up to three foreign currencies.
The Financial Proposal should state local costs in the Client’s country
currency (local currency): Yes. (In INR)
 Section 2 . Instruction to Consultants
36

C. Submission, Opening and Evaluation

17 Replace ITC 17 with the following:

“17.1 The Consultant shall submit a digitally signed, encrypted, and complete
Proposal comprising the documents and forms in accordance with ITC 10
(Documents Comprising Proposal). Consultants shall mark as
“CONFIDENTIAL” information in their Proposals which is confidential to
their business. This may include proprietary information, trade secrets or
commercial or financially sensitive information. The submission shall be done
electronically on the e-procurement system and in accordance with procedure
specified in the Data Sheet. Proposals submitted by any other means will be
rejected. Detailed guidelines for viewing proposals, and for online submission
of proposals are given on the website.
17.2 An authorized representative of the Consultant shall digitally sign the
original submission letters in the required format for both the Technical
Proposal and, if applicable, the Financial Proposal and shall put their initial
in all pages, both side. The authorization shall be in the form of a written
power of attorneyto be scanned and uploaded together with the Technical
Proposal.
17.2.1 A Proposal submitted by a Joint Venture shall be signed by all members
so as to be legally binding on all members, or by an authorized representative
who has a written power of attorney signed by each member’s authorized
representative. The submission letters and the power of attorney shall then be
scanned and uploaded together with the Technical Proposal.
17.3 Any modifications, revisions, interlineations, erasures, or overwriting
shall be valid only if they are signed or initialed by the person signing the
Proposal.
17.4 The Proposal or its modifications must be uploaded on the e-procurement
Data Sheet portal specified in ITC 1(m), no later than the deadline indicated in the Data
Sheet, or any extension to this deadline. The electronic system will not accept
any Proposal or its modification for uploading after the deadline, as per server
time.
17.5 Once the Proposal is uploaded on the portal, the system will generate a
unique identification number with the stamped submission time. The unique
identification number with the time stamp represents an acknowledgement
ofthe Proposal submission. Any other system’s functionality requirements
are specified in the Data Sheet.”
[Note for Consultants: For online submission of proposals, the Consultants
shall fill up online, the forms that are available for online filling on the e-
portal. The rest of the forms shall be downloaded by the Consultants and
filled up. The filled-up pages shall then be digitally signed, scanned and
uploaded on the e-procurement portal along with the scanned copies of the
supporting documents.]
 Section 2 . Instruction to Consultants
37

17.1 The electronic submission procedures shall be as follows:

The Consultants shall submit their Proposals (both Technical and Financial)
electronically on the e-procurement portal specified in ITC 1(m), following
the procedure given below. Detailed guidelines for viewing proposals and for
online submission are given on the website:
(a) To participate in the e-tendering process, it is mandatory for the consultants
to have enrolment/registration in the website, and valid Class III (DSC) with
signing. Digital Signature Certificate (in the name of person who will sign the
proposal) in the form of smart card/e-token, obtained from any of the licensed
Certifying Agency authorized by the Government of India. Consultants can
see the list of licensed CAs from the link www.cca.gov.in
(b) The consultant should register in the website using the relevant option
available. Then the Digital Signature registration has to be done with the e-
token, after logging into the website. The consultant can then login the website
through the secured login by entering the password of the e-token & the user
id/ password chosen during registration.
(c) The size of individual folder containing the documents comprising the
Proposal(s) shall not exceed 40 MB.

17.4 The Proposals must be uploaded on the e-procurement portal

specifiedin ITC 1(m) no later than:
Date:16th August 2023
Time: “14:00 IST”
17.5 None

19 Replace ITC 19 with the following:

“19.1 The Client’s evaluation committee shall conduct the opening of the
Data Sheet Technical Proposals online following the procedure described in the Data
Sheet and this could be viewed online by the shortlisted Consultants. The
short-listed consultants or their authorized representatives may attend the
online opening in person if this option is offered in the Data Sheet. The
opening date, time and the address are stated in the Data Sheet. The folder
with the Financial Proposal shall remain unopened, encrypted, in the e-
procurement system until the subsequent public opening in accordance with
ITC 23.
19.2 At the opening of the Technical Proposals the following shall be read
out and recorded online simultaneously: (i) the name and the country of the
Consultant or, in case of a Joint Venture, the name of the Joint Venture, the
name of the lead member and the names and the countries of all members;
(ii) the presence or absence of the folder with the Financial Proposal in the
portal; and (iii) any other information deemed appropriate or as indicated
inthe Data Sheet.”
 Section 2 . Instruction to Consultants
38

19.1 The procedure for online opening of technical proposals shall be:
Technical proposal will be opened on the e-procurement portal by the
Client’s Evaluation Committee at the date and time indicated below.
Date: same as the submission deadline indicated in 17.4.
Time: ‘14:30 IST’
Consultants have an option to attend the opening of the Technical
Proposals in person.
The opening shall take place at:
Conference Hall, Flood & River Erosion Management Agency of Assam
(FREMAA) at 1st Floor, Assam Water Centre, Basistha Chariali, Guwahati-
781029
Besides, the opening of the Technical Proposals will be connected virtually
for which the electronic connection link will be sent by the Client at least two
(2) calendar days before the meeting through email to the shortlisted
Consultants.
In the event of the specified date of proposal opening being declared a holiday
for the Client, the proposals will be opened at the appointed time and location
on the next working day.

19.2 In addition, the information in ITC 19.2 will be read aloud at the
opening of the Technical Proposals: Not Applicable

21.1 Criteria, sub-criteria, and point system for the evaluation of the Full
(for FTP) Technical Proposals:
Points
(i) Specific experience of the Consultant (as a firm) relevant to the
Data Sheet Assignment: [5]
Section 2 . Instruction to Consultants
39

Experience of working on Projects related to flood forecasting, the preparation

of Flood Risk Management Plans and design of river works involving large
alluvial rivers: [5]
(ii) Adequacy and quality of the proposed methodology, and work
planning responding to the Terms of Reference (TORs): [35]
The score is subdivided as follows:
1. Clear methodology and Responsiveness to TOR: [15]
2. Approach to Stakeholder Engagement (5)
3. Realistic and implementable work plan: [7]
4. Composition and management of the team: application of the ‘Best
Team Approach”, e.g. a balanced team composed of national and
international experts with all expertise and experience required for the
successful completion of the assignment and appropriate suite of
modelling and other toolset: [8]

5. Key Experts’ qualifications and competence for the Assignment:

[55]
{Notes to Consultant: each position number corresponds to the same for the
Key Experts in Form TECH-6 to be prepared by the Consultant}

CVs of only the personnel proposed by the Consultant for following Tier 1
Key Staff positions shall be evaluated and scored by the Client during
evaluation of Technical Proposals.
However, the Client will review the qualifications and experience of
personnel proposed for Tier 2 - Critical non-Key Staff Positions.
In the event, the Client determines that any of the personnel proposed for
Tier 2 - Critical non-Key Staff Positions detailed in the TOR do(es) not have
adequate qualifications & experience for the specified position(s), the
Data Sheet Client shall have the right to seek their substitution by adequately qualified
and experienced person(s), acceptable to the Client, while finalizing the
Contract during negotiations with the selected Consultant.

Tier 1: Key Expert positions: (Total points 55)

Key international expert position Points

KE-1: Team Leader 15
KE-2: Senior River Basin Management & Planning 10
Expert
KE-3: Senior Hydrologist & Flood Forecasting 12
Expert
KE-4: Senior River Morphologist & Morphological 7
Modelling Expert
KE-5: Senior River Engineer 6
Section 2 . Instruction to Consultants
40

KE-6: Senior Database Management & Information 5

Management Systems / DSS Expert

Tier 2: Critical non-key staff positions (with minimum qualification

requirements):
NK-1: Deputy Team Leader
NK-2: Social Safeguards Specialist (ESF experience)
NK-3: Environment Safeguards Specialist (ESF experience)
NK-4: Stakeholder Management Specialist
NK-5: Sediment Transport and Morphology Modeler
NK-6: Economist
NK-7: Procurement and Contract Management Specialist
NK-8: Flood Risk Management Specialist

Total points for criterion (iii): 55

The number of points to be assigned to each of the above positions shall be
determined considering the following three sub-criteria and relevant
percentage weights:
1). General qualifications (general education, training, and experience):
20%
2). Adequacy for the Assignment (relevant education, training,
experience in the sector/similar assignments): 70%
3) Relevant experience in India and in the region 10%
Total weight: 100%

(iv) Transfer of knowledge (training) program (relevance of approach

and methodology): [5]

Data Sheet Total points for the four criteria: 100

The minimum technical score (St) required to pass is: 70
 Section 2 . Instruction to Consultants
41

22.1 & 22.2 These clauses intended for the QBS selections are not applicable to this
selection process.

Public Opening of Financial Proposals

23 Replace ITC 23.1 with the following:

“23.1 After the technical evaluation is completed and the Bank has issued its
no objection (if applicable), the Client shall notify online through e-
procurement portal those Consultants whose Proposals were considered non-
responsive to the RFP and TOR or did not meet the minimum qualifying
technical score, advising them the following:
(i) their Proposal was not responsive to the RFP and TOR or did not
meet the minimum qualifying technical score;
(ii) provide information relating to the Consultant’s overall technical
score, as well as scores obtained for each criterion and sub-criterion;
(iii) their Financial Proposals will not be opened; and
(iv) notify them of the date, time and location of the online public
opening of the Financial Proposals and invite them to attend.”

Data Sheet
 Section 2 . Instruction to Consultants
42

In ITC 23.2(b) first sentence, after the words ‘in writing’, add the following:
‘online through e-procurement portal’
In ITC 23.2(b)(iv), after the words ‘location of the’ add the following: ‘online’
Replace ITC 23.4 with the following:
“23.4 The Consultant’s attendance at the opening of the Financial Proposals
(in person, or online) is optional and is at the Consultant’s choice”
Replace ITC 23.5 with the following:
“The Financial Proposals shall be publicly opened online by the Client’s
evaluation committee in the presence of the representatives of the Consultants
and anyone else who chooses to attend. Any interested party who wishes to
attend this public opening should contact the client as indicated in the Data
Sheet. Alternatively, a notice of the public opening of Financial Proposals may
be published on the Client’s website, if available. At the opening, the names of
the Consultants, and the overall technical scores, including the break-down by
criterion, shall be read aloud and recorded online simultaneously. The
Financial Proposals shall be then opened, and the total prices read aloud and
recorded online simultaneously. The records of the opening shall remain on
the e-procurement portal for the information of all Consultants who submitted
Proposals and the Bank, unless the Data Sheet provides for other means of
sending notifications and the results of the financial opening.”

23.5 Following the completion of the evaluation of the Technical Proposals, the
Client will notify online through e-procurement portal, all Consultants of the
location, date and time of the public opening of Financial Proposals.
Any interested party who wishes to attend this public opening should contact
Shri Bhaskar Jyoti Das , Mob:+919435041754 and request to be notified of
the location, date and time of the public opening of Financial Proposals. The
request should be made before the deadline for submission of Proposals,
stated above.
Data Sheet
Alternatively, a notice of the public opening of Financial Proposals will be
published through www.assamtenders.gov.in.
An online option of attending the opening of the Financial Proposals
isalso offered.
The online opening of financial proposal will be connected virtually, for which
the electronic connection link will be sent by the Client at least two (2) calendar
days before the meeting through email to the shortlisted Consultants who
submitted the proposals.
In the event of the specified date of proposal opening being declared a
holidayfor the Client, the proposals will be opened at the appointed time
and locationon the next working day.
 Section 2 . Instruction to Consultants
43

25.1 For the purpose of the evaluation, the Client will exclude: (a) all local
identifiable indirect taxes such as GST or similar taxes levied on the contract’s
invoices; and (b) all additional local indirect tax on the remuneration of
services rendered by non-resident experts in the Client’s country. If a Contract
is awarded, at Contract negotiations, all such taxes will be discussed, finalized
(using the itemized list as a guidance but not limiting to it) and added to the
Contract amount as a separate line, also indicating which taxes shall be paid
by the Consultant and which taxes are withheld and paid by the Client on
behalf of the Consultant.

26.1 The single currency for the conversion of all prices expressed in
variouscurrencies into a single one is: Indian Rupees (INR)
Website for exchange rates: www.rbi.org.in
The official source of the selling (exchange) rate is: State Bank of
India(SBI) B.C. Selling Rate of Exchange
The date of the exchange rate is: the deadline for submission of proposals.

27.1 The lowest evaluated Financial Proposal (Fm) is given the maximum
(QCBS financial score (Sf) of 100.
only) The formula for determining the financial scores (Sf) of all other
Proposals is calculated as following:
Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest
price, and “F” the price of the proposal under consideration.
[or replace with another inversely proportional formula acceptable to
theBank]
The weights given to the Technical (T) and Financial (P) Proposals
are:T = 85% OR 0.85, and
Data Sheet P = 15% OR 0.15
Proposals are ranked according to their combined technical (St) and financial
(Sf) scores using the weights (T = the weight given to the Technical Proposal;
P = the weight given to the Financial Proposal; T + P = 1) as following: S =
St x T% + Sf x P%. OR, S = St x 0.85 + Sf x 0.15
 Section 2 . Instruction to Consultants
44

D. Negotiations and Award

28.1 Expected date and address for contract

negotiations:Date: End of September 2023
Address: Office of the Chief Engineer
Water Resources Department
5th Floor, Assam Water Centre, Near Basistha Police Station,
Kundil Nagar, Basistha Chariali, Guwahati–781029, Assam
E-mail: worldbank.wrd@gmail.com, hiu.wrd@gmail.com

32.1 The successful Consultant shall submit the Beneficial Ownership Disclosure
Form.

At the end of the first sentence of ITC 32.2 after the words ‘official
32.2
gazette’insert the following: ‘and on e-procurement portal.’

34.2 The Consultant is expected to commence the assignment on the date and
at the location.
Date: 1st week of November 2023 at: Guwahati and Project locations of
Assam.

35.1 The procedures for making a Procurement-related Complaint are detailed in

the “Procurement Regulations for IPF Borrowers (Annex III).” If a
Consultant wishes to make a Procurement-related Complaint, the Consultant
shall submit its complaint following these procedures, In Writing (by the
quickest means available, such as by email or fax), to:
For the attention: Shri Borsing Rongpi
Title/position: Chief Engineer
Data Sheet
Client: Water Resources Department, Government of Assam
5th Floor, Assam Water Centre, Near Basistha Police Station
E-mail: worldbank.wrd@gmail.com, hiu.wrd@gmail.com
In summary, a Procurement-related Complaint may challenge any of the
following:
1. the terms of this Request for Proposal;
2. the Client’s decision to exclude a consultant from the procurement
process prior to the award of contract; and
3. the Client’s decision to award the contract.
 Section 2 . Instruction to Consultants
45

Section 3. Technical Proposal – Standard Forms

{Notes to Consultant shown in brackets {} throughout Section 3 provide guidance to the
Consultant to prepare the Technical Proposal; they should not appear on the Proposals to be
submitted.}

CHECKLIST OF REQUIRED FORMS

Required
for FTP Page Limit
FORM DESCRIPTION
orSTP
🗸
FTP STP
TECH-1 Technical Proposal 3 (Three) Font Size:
🗸 🗸 Submission Form. Min 12
TECH-1 If the Proposal is submitted As required Paper Size:
🗸 If Attachment by a joint venture, attach a A4 or Letter.
applicable letter of intent or a copy of Margin:
an existing agreement. Top:1 “,
Power of No pre-set format/form. In As required Bottom:1”,
Attorney the case of a Joint Venture,
Left: 1” and
several are required: a power
of attorney for the Right: 1”.
🗸 If authorized representative of For Chart,
applicable each JV member, and a Organogram,
power of attorney for the Diagram
representative of the lead etc.:
member to represent all JV Paper Size:
members Legal or A3
TECH-2 Consultant’s Organization As required may be
and Experience. used if
Data Sheet
required
🗸

TECH-2A A. Consultant’s 3 (Three)

🗸 Organization
TECH-2B B. Consultant’s Experience 7 (Seven)
🗸
TECH-3 Comments or Suggestions -
on the Terms of Reference
🗸 and on Counterpart Staff
andFacilities to be provided
by the Client.
TECH-3A A. On the Terms of 2 (Two)
🗸 Reference
TECH-3B B. On the Counterpart Staff 2 (Two)
🗸 and Facilities
TECH-4 Description of the Approach, 25 (Twenty five)
🗸 🗸 Methodology, and Work
 Section 2 . Instruction to Consultants
46

Required
for FTP Page Limit
FORM DESCRIPTION
orSTP
🗸
Plan for Performing the
Assignment
TECH-5 Work Schedule and Planning 25 (Twenty-Five)
🗸 🗸 for Deliverables
TECH-6 Team Composition, Key Maximum 3 page
Experts Inputs, and attached for each expert CV;
🗸 🗸 Curriculum Vitae (CV)

🗸 🗸 TECH-7 Code of Conduct 3 (Three)

All pages of the original Technical and Financial Proposal shall be initialed by the same authorized
representative of the Consultant who signs the Proposal.

Data Sheet
Section 2 . Instruction to Consultants
47

FORM TECH-1

TECHNICAL PROPOSAL SUBMISSION FORM

{Location, Date}

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Request for Proposals (RFP) dated [Insert Date]
and ourProposal. [Select appropriate wording depending on the selection method stated
in the RFP: “We are hereby submitting our Proposal, which includes this Technical
Proposal and a FinancialProposal sealed in a separate envelope” or, if only a Technical
Proposal is invited “We hereby are submitting our Proposal, which includes this
Technical Proposal only in a sealed envelope.”].

{If the Consultant is a joint venture, insert the following: We are submitting our
Proposal a joint venture with: {Insert a list with full name and the legal address of each
member, and indicate the lead member}. We have attached a copy {insert: “of our letter
of intent to forma joint venture” or, if a JV is already formed, “of the JV agreement”}
signed by every participating member, which details the likely legal structure of and the
confirmation of joint and severable liability of the members of the said joint venture.

{OR

If the Consultant’s Proposal includes Sub-consultants, insert the following: We are

submittingour Proposal with the following firms as Sub-consultants: {Insert a list with
Data
full Sheet
name and address of each Sub-consultant.}

We hereby declare that:

(a) All the information and statements made in this Proposal are true and we accept
that any misinterpretation or misrepresentation contained in this Proposal may
lead to our disqualification by the Client and/or may be sanctioned by the Bank.
(b) Our Proposal shall be valid and remain binding upon us until [insert day, month
and yearin accordance with ITC 12.1].
(c) We have no conflict of interest in accordance with ITC 3.
(d) We meet the eligibility requirements as stated in ITC 6, and we confirm our
understandingof our obligation to abide by the Bank’s policy in regard to Fraud
and Corruption as per ITC 5.
Section 2 . Instruction to Consultants
48

(e) We, along with any of our sub-consultants, subcontractors, suppliers, or service
providers for any part of the contract, are not subject to, and not controlled by any
entity or individual that is subject to, a temporary suspension or a debarment
imposed by the WorldBank Group or a debarment imposed by the World Bank
Group in accordance with the Agreement for Mutual Enforcement of Debarment
Decisions between the World Bank and other development banks. Further, we
are not ineligible under the Client’s country laws or official regulations or
pursuant to a decision of the United Nations Security Council.

(f) In competing for (and, if the award is made to us, in executing) the Contract, we
undertaketo observe the laws against fraud and corruption, including bribery, in
force in the countryof the Client.
(g) Except as stated in the Data Sheet, ITC 12.7, we undertake to negotiate a Contract
on thebasis of the proposed Key Experts. We accept that the substitution of Key
Experts for reasons other than those stated in ITC 12 and ITC 28.4 may lead to
the termination of Contract negotiations.
(h) Our Proposal is binding upon us and subject to any modifications resulting from
the Contract negotiations.

We undertake, if our Proposal is accepted and the Contract is signed, to initiate the
Servicesrelated to the assignment no later than the date indicated in ITC 34.2 of the Data
Sheet.

We understand that the Client is not bound to accept any Proposal that the Client receives.

We remain, Yours sincerely,

Signature (of Consultant’s authorized representative) {In full and initials}:

Full name: {insert full name of authorized

Data Sheet
representative} Title: {insert title/position of
authorized representative}Name of Consultant
(company’s name or JV’s name):
Capacity: {insert the person’s capacity to sign for the
Consultant}Address: {insert the authorized
representative’s address}
Phone/fax: {insert the authorized representative’s phone and fax number, if
applicable}Email: {insert the authorized representative’s email address}

{For a joint venture, either all members shall sign or only the lead member, in
whichcase the power of attorney to sign on behalf of all members shall be
attached}
 Section 2 . Instruction to Consultants
49

FORM TECH-2 (FOR FULL TECHNICAL PROPOSAL ONLY)

CONSULTANT’S ORGANIZATION AND EXPERIENCE

Form TECH-2: a brief description of the Consultant’s organization and an outline of the
recent experience of the Consultant that is most relevant to the assignment. In the case
of a joint venture, information on similar assignments shall be provided for each partner.
For each assignment, the outline should indicate the names of the Consultant’s Key
Experts and Sub- consultants who participated, the duration of the assignment, the
contract amount (total and, ifit was done in a form of a joint venture or a sub-consultancy,
the amount paid to the Consultant), and the Consultant’s role/involvement.

A. Consultant’s Organization
1. Provide here a brief description of the background and organization of your company,
and – in case of a joint venture – of each member for this assignment.

2. Include organizational chart, a list of Board of Directors, and beneficial ownership.

[If required under Data Sheet ITC 32.1, the successful Consultant shall provide
additional information on beneficial ownership, using the Beneficial Ownership
Disclosure Form.]

B. Consultant’s Experience

1. List only those assignments for which the Consultant was legally contracted by the
Client as a company or was one of the joint venture members. Assignments
completed by the Consultant’s individual experts working privately or through other
Dataconsulting
Sheet firms cannot be claimed as the relevant experience of the Consultant, or
that of the Consultant’s partnersor sub-consultants, but can be claimed by the Experts
themselves in their CVs.

The Consultant should be prepared to substantiate the claimed experience by presenting

copies of relevant documents and references, if so requested by the Client.

Duration Assignment name/& Name of Client Approx. Role on the

brief description of & Country of Contract value Assignment
main Assignment (in US$
deliverables/outputs equivalent)/
Amount paid to
your firm
{e.g., {e.g., “Improvement {e.g., Ministry of {e.g., US$1 {e.g., Lead
Jan.2009– quality of .............. : ......, country} mill/US$0.5mill} partner in a JV
Apr.2010} designed master plan A&B&C}
for rationalization of;}
 Section 2 . Instruction to Consultants
50

Duration Assignment name/& Name of Client Approx. Role on the

brief description of & Country of Contract value Assignment
main Assignment (in US$
deliverables/outputs equivalent)/
Amount paid to
your firm
{e.g., Jan- {e.g., “Support to sub- {e.g., {e.g., US$0.2 {e.g., sole
May national government .... : municipality mil/US$0.2 mil} Consultant}
2008} drafted secondary level of ........ ,
regulations on ............. country}

Data Sheet
Section 2 . Instruction to Consultants
51

FORM TECH-3 (FOR FULL TECHNICAL PROPOSAL)

COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE,

COUNTERPART STAFF, AND FACILITIES TO BE PROVIDED BY THE
CLIENT
Form TECH-3: comments and suggestions on the Terms of Reference that could improve
the quality/effectiveness of the assignment; and on requirements for counterpart staff and
facilities, which are provided by the Client, including: administrative support, office space,
local transportation, equipment, data, etc.

C. On the Terms of Reference

{improvements to the Terms of Reference, if any}

D. On Counterpart Staff and Facilities

{comments on counterpart staff and facilities to be provided by the Client. For example,
administrative support, office space, local transportation, equipment, data, background
reports, etc., if any}

Data Sheet
Section 2 . Instruction to Consultants
52

FORM TECH-4 (FOR FULL TECHNICAL PROPOSAL ONLY)

DESCRIPTION OF APPROACH, METHODOLOGY, AND WORK PLAN IN

RESPONDING TO THE TERMS OF REFERENCE

Form TECH-4: a description of the approach, methodology and work plan for
performing the assignment, including a detailed description of the proposed
methodology and staffing for training, if the Terms of Reference specify training as a
specific component of the assignment.

{Suggested structure of your Technical Proposal (in FTP format):

a) Technical Approach and Methodology

b) Work Plan
c) Organization and Staffing}

a) Technical Approach and Methodology. {Please explain your understanding of

the objectives of the assignment as outlined in the Terms of Reference (TORs),
the technicalapproach, and the methodology you would adopt for implementing
Task A, Task B and Task C. includingon addressing Sexual Exploitation and
Abuse (SEA) and Sexual Harassment (SH) risks, to deliver the expected output
(s), and the degree of detail of such output. Please do not repeat/copy the TORs
in here.}

b) Work Plan. {Please outline the plan for the implementation of the main
activities/tasks of the assignment, their content and duration, phasing and
interrelations, milestones (including interim approvals by the Client), and
tentative delivery dates of the reports. The proposed work plan should be
consistent with the technical approach and methodology, showing your
understanding of the TOR and ability to translate them intoa feasible working
Data Sheetplan. A list of the final documents (including reports) to be delivered as final
output (s) should be included here. The work plan should be consistent with the
Work Schedule Form.}

c) Organization and Staffing. {Please describe the structure and composition of

your team, including the list of the Key Experts, Non-Key Experts and relevant
technical andadministrative support staff.}
 Section 3. Technical Proposal – Standard Forms
53

FORM TECH-5 (FOR FTP)

WORK SCHEDULE AND PLANNING FOR DELIVERABLES

Months
N° Deliverables 1 (D-..)
1 2 3 4 5 6 7 8 9 ..... n TOTAL
A-0 {Deliverable related to Task A}
A-1
A-2
etc

B-1 {Deliverable related to Task B}

B-2
etc

C-1 {Deliverable related to Task C}

C-2 1)……………
etc
2)…………….
3)……………
4)………….

1 List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the Client’s approvals. For phased assignments,
indicate the activities, delivery of reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in a form of a bar chart.
2. Include a legend, if necessary, to help read the chart.
Section 3. Technical Proposal – Standard Forms
54

FORM TECH-6 (FOR FTP)

TEAM COMPOSITION, ASSIGNMENT, AND KEY EXPERTS’ INPUTS

Total time-input
Expert’s input (in person/month) per each Deliverable (listed in TECH-5)
N° Name (in Months)
Position D-1 D-2 D-3 ........ D-... Home Field Total
KEY EXPERTS: International and National
{e.g., Mr. Abbbb} [Team [Home] [2 month] [1.0] [1.0]
K-1 Leader] [Field] [0.5 m] [2.5] [0]
K-2

K-3

Subtotal
NON-KEY EXPERTS
[Home]
N-1
[Field]

N-2

Subtotal
Total
 Section 3. Technical Proposal – Standard Forms
55

1 For Key Experts, the input should be indicated individually for the same positions as required under the Data Sheet ITC21.1.

2 Months are counted from the start of the assignment/mobilization. One (1) month equals twenty two (22) working (billable) days. One working (billable) day shall
be not less than eight (8) working (billable) hours.
3 “Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in the Client’s country or any other country outside the
expert’s country of residence.

Full time input Part time

input
 Section 3. Technical Proposal – Standard Forms
56

FORM TECH-6 (CONTINUED)

E. CURRICULUM VITAE (CV)

Position Title and No. {e.g., K-1, TEAM LEADER}

Name of Expert: {Insert full name}

Date of Birth: {day/month/year}

Country of Citizenship/Residence

Education: {List college/university or other specialized education, giving names of

educational institutions, dates attended, degree(s)/diploma(s) obtained}

Employment record relevant to the assignment: {Starting with present position, list in
reverse order. Please provide dates, name of employing organization, titles of positions held,
types of activities performed and location of the assignment, and contact information of
previous clients and employing organization(s) who can be contacted for references. Past
employment that is not relevant to the assignment does not need to be included.}

Period Employing organization and Country Summary of

your title/position. Contact activities performed
information for references relevant to the
Assignment
[e.g., [e.g., Ministry of ……,
May advisor/consultant to…
2005-
present]
For references: Tel ............... /e-
mail……; Mr. Hbbbbb, deputy
minister]

Membership in Professional Associations and Publications:

Language Skills (indicate only languages in which you can work):

Adequacy for the Assignment:

Detailed Tasks Assigned on Reference to Prior Work/Assignments

Consultant’sTeam of Experts: that Best Illustrates Capability to Handle
the Assigned Tasks
{List all deliverables/tasks as in TECH- 5
inwhich the Expert will be involved}
 Section 3. Technical Proposal – Standard Forms
57

Expert’s contact information: (e-mail …………………., phone .................... )

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes myself, my qualifications, and my experience, and I am available, as and when
necessary, to undertake the assignment in case of an award. I understand that any
misstatementor misrepresentation described herein may lead to my disqualification or
dismissal by the Client, and/or sanctions by the Bank.

{day/month/year}
Name of Expert Signature Date

{day/month/year}

Name of authorized Signature Date Representative of the Consultant

(the same who signs the Proposal)
 Section 3. Technical Proposal – Standard Forms
58

FORM TECH-7 (for FULL TECHNICAL PROPOSAL ONLY)

F. CODE OF CONDUCT FOR EXPERTS

Note to the Consultant:

The minimum content of the Code of Conduct form as set out by the Client shall
not be substantially modified. However, the Consultant may add requirements as
appropriate, including to take into account Contract-specific issues/risks.

The Consultant shall initial and submit the Code of Conduct form as part of its
Proposal.

We are the Consultant, [enter name of Consultant]. We have signed a contract with [enter name
of Client] for [enter description of the Services]. Our contract requires us to implement measures
to address social risks related to the Services, if any, including the risks of sexual exploitation,
sexual abuse and sexual harassment.

This Code of Conduct is part of our measures to deal with social risks, if any, related to the
Services. This Code of Conduct identifies the behavior that we require from all Experts.

Our workplace for carrying the Services is an environment where unsafe, offensive, abusive
orviolent behavior will not be tolerated and where all persons should feel comfortable raising
issues or concerns without fear of retaliation.

REQUIRED CONDUCT
Experts shall:
1. carry out his/her duties competently and diligently;
2. comply with this Code of Conduct and all applicable laws, regulations and other
requirements;
3. treat other people with respect, and not discriminate against specific groups such
as women, people with disabilities, migrant workers or children;
4. not engage in Sexual Harassment, which means unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual nature
with other Experts, or Client’s Personnel;
5. not engage in Sexual Exploitation, which means any actual or attempted abuse of
position of vulnerability, differential power or trust, for sexual purposes,
including, but not limited to, profiting monetarily, socially or politically from the
sexual exploitation of another;
6. not engage in Sexual Abuse, which means the actual or threatened physical
intrusion of a sexual nature, whether by force or under unequal or coercive
conditions;
 Section 3. Technical Proposal – Standard Forms
59

7. not engage in any form of sexual activity with individuals under the age of 18,
except in case of pre-existing marriage;
8. complete training/sensitization that may be provided related to the social aspects
of theContract, including; on Sexual Exploitation and Abuse (SEA), and Sexual
Harassment (SH);
9. report violations of this Code of Conduct; and
10. not retaliate against any person who reports violations of this Code of Conduct,
whetherto us or the Client.

RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this
Code of Conduct, or that otherwise concerns him/her, he/she should raise the issue
promptly. This can be done in either of the following ways:
1. Contact [enter name of person assigned by the Consultant to handle such matters] in
writing at this address [ ] or by telephone at [ ] or in person at [ ]; or
2. Call [ ] to reach the Consultant’s hotline (if any) and leave a message.
The person’s identity will be kept confidential, unless reporting of allegations is mandated
by the country law. Anonymous complaints or allegations may also be submitted and will
be givenall due and appropriate consideration. We take seriously all reports of possible
misconduct and will investigate and take appropriate action. We will provide warm
referrals to service providersthat may help support the person who experienced the alleged
incident, as appropriate.
There will be no retaliation against any person who raises a concern in good faith about
any behavior prohibited by this Code of Conduct. Such retaliation would be a violation of
this Codeof Conduct.

CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT

Any violation of this Code of Conduct by Experts may result in serious consequences, up
to and including termination and possible referral to legal authorities.

FOR EXPERT:

I have received a copy of this Code of Conduct written in a language that I comprehend.
I understand that if I have any questions about this Code of Conduct, I can contact [enter
name of the contact person(s) assigned by the Consultant] requesting an explanation.
Name of Expert: [insert name]

Signature:

Date: (day month year):

Countersignature of authorized representative of the Consultant:

Signature Date: (day month year):
 Section 4. Financial Proposal - Standard Forms
60

Section 4. Financial Proposal - Standard Forms

{Notes to Consultant shown in brackets { } provide guidance to the Consultant to prepare
the Financial Proposals; they should not appear on the Financial Proposals to be submitted.}

Financial Proposal Standard Forms shall be used for the preparation of the Financial
Proposalaccording to the instructions provided in Section 2.

FIN-1 Financial Proposal Submission Form

FIN-2 Summary of Costs

FIN-3 Breakdown of Remuneration, including Appendix A “Financial Negotiations -

Breakdown of Remuneration Rates” in the case of QBS method

FIN-4 Reimbursable expenses

 Section 4. Financial Proposal - Standard Forms
61

FORM FIN-1
FINANCIAL PROPOSAL SUBMISSION FORM
{Location, Date}

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Request for Proposal dated [Insert Date] and our
TechnicalProposal.
Our attached Financial Proposal is for the amount of {Indicate the corresponding
to the amount(s) currency(ies)} {Insert amount(s) in words and figures}, [Insert
“including” or “excluding”] of all indirect local taxes in accordance with ITC 25.1 in
the Data Sheet. The estimated amount of local indirect taxes is {Insert currency} {Insert
amount in words and figures} which shall be confirmed or adjusted, if needed, during
negotiations. {Please note that all amounts shall be the same as in Form FIN-2}.
Our Financial Proposal shall be valid and remain binding upon us, subject to the
modifications resulting from Contract negotiations, for the period of time specified in the
DataSheet, ITC 12.1.
Commissions and gratuities paid or to be paid by us to an agent or any third party
relating to preparation or submission of this Proposal and Contract execution, paid if we
are awarded the Contract, are listed below:

Name and Address Amount and Purpose of Commission

of Agents Currency or Gratuity

{If no payments are made or promised, add the following statement: “No commissions or
gratuities have been or are to be paid by us to agents or any third party relating to this
Proposal and Contract execution.”}
We understand you are not bound to accept any Proposal you receive.

We remain, Yours sincerely,

Signature (of Consultant’s authorized representative) {In full and initials}:

Full name: {insert full name of authorized representative}
Title: {insert title/position of authorized
representative}Name of Consultant (company’s name or
JV’s name):
Capacity: {insert the person’s capacity to sign for the
Consultant}Address: {insert the authorized representative’s
address}
Phone/fax: {insert the authorized representative’s phone and fax number, if applicable}
Email:{insert the authorized representative’s email address}
{For a joint venture, either all members shall sign or only the lead member/consultant,
in which case the power of attorney to sign on behalf of all members shall be attached}
 Section 4. Financial Proposal - Standard Forms
62

FORM FIN-2 SUMMARY OF COSTS

Cost
{Consultant must state the proposed Costs in accordance with ITC 16.4 of the Data Sheet;delete
columns which are not used}
Item
{Insert Foreign {Insert Foreign {Insert
{Insert Foreign Local Currency,
Currency # 2, if Currency # 3, if if
Currency # 1} used and/or required (16.4
used} used} Data Sheet}

Cost of the Financial Proposal

Including:
(1) Remuneration

(2) Reimbursables

Total Cost of the Financial Proposal:

{Should match the amount in Form FIN-1}
Indirect Local Tax Estimates – to be discussed and finalized at the negotiations if the Contract is awarded

(i) {insert type of tax. e.g., GST}

(ii) {e.g., income tax on non-resident experts}

(iii) {insert type of tax}

Total Estimate for Indirect Local Tax:

Footnote: Payments will be made in the currency(ies) expressed above (Reference to ITC 16.4).
Section 4. Financial Proposal - Standard Forms
63

FORM FIN-3 BREAKDOWN OF REMUNERATION

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis forthe calculation of
the Contract’s ceiling amount; to calculate applicable taxes at contract negotiations; and, if needed, to establish payments to the Consultant for possible
additional services requested by the Client. This Form shall not be used as a basis for paymentsunder Lump-Sum contracts
A. Remuneration

No. Person- Time Input {Currenc {Currency {Local

Position in {Currency#
Name month y # 1- as # 2- as in Currency-
(as in Person/Month in FIN-2} 3- as in FIN-
Remuneratio FIN- 2} as in FIN-2}
TECH-6) 2}
n Rate (from TECH-6)

Tier 1: Key Experts

KE-1 [Home]
[Field]
KE-2

Tier 2 Critical Non-Key Staff Positions

NK-1 [Home]
NK-2 [Field]

Tier 3: remaining non-key staff

positions

Total Costs
 Section 4. Financial Proposal - Standard Forms
64

Appendix A. Financial Negotiations - Breakdown of

Remuneration Rates
1. Review of Remuneration Rates
1.1. The remuneration rates are made up of salary or a base fee, social costs, overheads, profit,
and any premium or allowance that may be paid for assignments away from headquarters
or a home office. An attached Sample Form can be used to provide a breakdown of rates.

1.2. If the RFP requests submission of a technical proposal only, the Sample Form is used by
the selected Consultant to prepare for the negotiations of the Contract. If the RFP requests
submission of the financial proposal, the Sample Form shall be completed and attached
to the Financial Form-3. Agreed (at the negotiations) breakdown sheets shall form part
of the negotiated Contract and included in its Appendix D or C.
1.3. At the negotiations the firm shall be prepared to disclose its audited financial statements
for the last three years, to substantiate its rates, and accept that its proposed rates and
other financial matters are subject to scrutiny. The Client is charged with the custody of
government funds and is expected to exercise prudence in the expenditure of these funds.

1.4. Rate details are discussed below:

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

(ii) Bonuses are normally paid out of profits. To avoid double counting, any bonuses
shall not normally be included in the “Salary” and should be shown separately.
Where the Consultant’s accounting system is such that the percentages of social
costs and overheads are based on total revenue, including bonuses, those
percentages shall be adjusted downward accordingly. Where national policy
requires that 13 months’ pay be given for 12 months’ work, the profit element need
not be adjusted downward. Any discussions on bonuses shall be supported by
audited documentation, which shall be treated as confidential.
(iii) Social Charges are the costs of non-monetary benefits and may include, inter alia,
social security (including pension, medical, and life insurance costs) and the cost
of a paid sick and/or annual leave. In this regard, a paid leave during public
holidays or an annual leave taken during an assignment if no Expert’s replacement
has been provided is not considered social charges.

(iv) Cost of Leave. The principles of calculating the cost of total days leave per annum
as a percentage of basic salary is normally calculated as follows:

total days leave x 100

Leave cost as percentage of salary =
[365 - w - ph - v - s]
Where w = weekends, ph = public holidays, v = vacation, and s = sick leave.
Section 4. Financial Proposal - Standard Forms
65

Please note that leave can be considered as a social cost only if the Client is not
charged for the leave taken.
(v) Overheads are the Consultant’s business costs that are not directly related to the
execution of the assignment and shall not be reimbursed as separate items under
the Contract. Typical items are home office costs (non-billable time, time of
senior Consultant’s staff monitoring the project, rent of headquarters’ office,
support staff, research, staff training, marketing, etc.), the cost of Consultant’s
personnel not currently employed on revenue-earning projects, taxes on
business activities, and business promotion costs. During negotiations, audited
financial statements, certified as correct by an independent auditor and
supporting the last three years’ overheads, shall be available for discussion,
together with detailed lists of items making up the overheads and the percentage
by which each relates to basic salary. The Client does not accept an add-on
margin for social charges, overhead expenses, etc. for Experts who are not
permanent employees of the Consultant. In such case, the Consultant shall be
entitled only to administrative costs and a fee on the monthly payments charged
for sub-contracted Experts.
(vi) Profit is normally based on the sum of the Salary, Social costs, and Overheads.
If any bonuses paid on a regular basis are listed, a corresponding reduction shall
be made in the profit amount. Profit shall not be allowed on travel or any other
reimbursable expenses.

(vii) Away from Home Office Allowance or Premium or Subsistence Allowances.

Some Consultants pay allowances to Experts working away from headquarters
or outside of the home office. Such allowances are calculated as a percentage
of salary (or a fee) and shall not draw overheads or profit. Sometimes, by law,
such allowances may draw social costs. In this case, the amount of this social
cost shall still be shown under social costs, with the net allowance shown
separately.
UNDP standard rates for the particular country may be used as reference to
determine subsistence allowances.
 Section 4. Financial Proposal - Standard Forms
66

Sample Form

Consultant: Country:
Assignment: Date:

Consultant’s Representations Regarding Costs and Charges

We hereby confirm that:

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

(b) attached are true copies of the latest pay slips of the Experts listed;

(c) the away- from- home office allowances indicated below are those that the Consultant has
agreed to pay for this assignment to the Experts listed;

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

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

[Name of Consultant]

Signature of Authorized Representative Date

Name:

Title:
 Section 4. Financial Proposal - Standard Forms
67

Consultant’s Representations Regarding Costs and Charges(Model Form I)

(Expressed in {insert name of currency*})

Personnel 1 2 3 4 5 6 7 8
Basic
Remuneration Away from Proposed Fixed Proposed Fixed
Social Overhead
Name Position Rate per Subtotal Profit2 Home Rate per Working Rate per Working
Charges1 1
Working Office Month/Day/Hour Month/Day/Hour1
Month/Day/Year Allowance
Home Office

Client’s Country

{* If more than one currency is used, use additional table(s), one for each currency}
1. Expressed as percentage of 1
2. Expressed as percentage of 4
 Section 4. Financial Proposal - Standard Forms
68

FORM FIN-4 BREAKDOWN OF REIMBURSABLE EXPENSES

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for
calculation of the Contract ceiling amount, to calculate applicable taxes at contract negotiations and, if needed, to establish payments to the
Consultant for possible additional services requested by the Client. This form shall not be used as a basis for paymentsunder Lump-Sum contracts

B. Reimbursable Expenses
{Local
Type of {Currency # {Currency # {Currency#
N° Unit Unit Cost Quantity Currency- as
Reimbursable 1- as in FIN- 2- as in FIN- 3- as in FIN-
in FIN-2}
Expenses 2} 2} 2}
{e.g., Per diem allowances**} {Day}
{e.g., International flights} {Ticket}

{e.g., In/out airport

{Trip}
transportation}
{e.g., Communication costs
between Insert place and Insert
place}
{e.g., reproduction of reports}
{e.g., Office rent}
....................................
{Training of the Client’s
personnel – if required in
TOR}
Total Costs
Legend:
“Per diem allowance” is paid for each night the expert is required by the Contract to be away from his/her usual place of residence. Client can
set up a ceiling.
Section 5 Eligible Countries
69

Section 5. Eligible Countries

In reference to ITC 6.3.2, for the information of shortlisted Consultants, at

the present time firms, goods and services from the following countries are
excluded from this selection:

Under the ITC 6.3.2 (a): None

Under the ITC 6.3.2 (b): None

Section 6. Fraud and Corruption
70

Section 6. Fraud and Corruption

(This Section 6, Fraud and Corruption shall not be modified)

1. Purpose
1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to
procurement under Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing);
bidders (applicants/proposers), consultants, contractors and suppliers; any sub-
contractors, sub- consultants, service providers or suppliers; any agents (whether
declared or not); and any of their personnel, observe the highest standard of ethics
during the procurement process, selection and contract execution of Bank-
financed contracts, and refrain from Fraud and Corruption.
2.2 To this end, the Bank:
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 actions of
another party;
ii. “fraudulent practice” is any act or omission, including misrepresentation,
that knowingly or recklessly misleads, or attempts to mislead, a party to
obtain financialor other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the actions of another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to
influence improperlythe actions of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of
evidence material to the investigation or making false statements to
investigators in order to materially impede a Bank investigation into
allegations of a corrupt, fraudulent, coercive, or collusive practice;
and/or threatening, harassing, or intimidating any party to prevent it
from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the Bank’s
inspection and audit rights provided for under paragraph 2.2 e.
below.

b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants,
sub- contractors, service providers, suppliers and/ or their employees, has,
directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
Section 6. Fraud and Corruption
71

practices in competing for the contract in question;

c. In addition to the legal remedies set out in the relevant Legal Agreement, may take
other appropriate actions, including declaring mis procurement, if the Bank
determines at anytime that representatives of the Borrower or of a recipient of any
part of the proceeds ofthe loan engaged in corrupt, fraudulent, collusive, coercive,
or obstructive practices during the procurement process, selection and/or
execution of the contract in question, without the Borrower having taken timely
and appropriate action satisfactory to the Bank to address such practices when they
occur, including by failing to inform the Bank in a timely manner at the time they
knew of the practices;
d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the
Bank’s prevailing sanctions policies and procedures, may sanction a firm or
individual, either indefinitely or for a stated period of time, including by publicly
declaring such firm or individual ineligible (i) to be awarded or otherwise benefit
from a Bank-financed contract, financially or in any other manner;1 (ii) to be a
nominated2 sub-contractor, consultant, manufacturer or supplier, or service
provider of an otherwise eligible firm being awarded a Bank-financed contract;
and (iii) to receive the proceeds of any loan made by the Bank or otherwise to
participate further in the preparation or implementation of any Bank-financed
project;
e. Requires that a clause be included in bidding/request for proposals documents and
in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers),
consultants, contractors, and suppliers, and their sub-contractors, sub-consultants,
service providers, suppliers, agents personnel, permit the Bank to inspect 3 all
accounts, records and other documents relating to the procurement process,
selection and/or contract execution, and to have them audited by auditors
appointed by the Bank.

1
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without
limitation,
(i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a
nominated sub- contractor, nominated consultant, nominated manufacturer or supplier, or nominated service
provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material
modification to any existing contract.
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service
provider (different names are used depending on the particular bidding document) is one which has been: (i)
included by the bidder in its pre-qualification application or bid because it brings specific and critical experience
and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed
by the Borrower.
3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities
undertaken by the Bank or persons appointed by the Bank to address specific matters related to
investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through
the appropriate mechanisms. Such activity includes but is not limited to: accessing and examining a firm's or
individual's financial records and information, and making copies thereof as relevant; accessing and examining
any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the
investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals;
performing physical inspections and site visits; and obtaining third party verification of information.
 72

Section 7. Terms of Reference

 Section 7 Terms of Reference
73

Terms of Reference
Consultancy Services
for
Flood Forecasting and Integrated Flood Risk
Management Planning for Beki, Buridehing and
Jiadhal sub-basins of Brahmaputra River in
Assam

under

Assam Integrated River Basin Management

Program (AIRBMP)

TERMS OF REFERENCE

(Contract Package No: WRD_HIU_CS1_FLOOD FORECASTING)

 Section 7 Terms of Reference
74

Table of Contents

Table of Contents
A. Project Description ................................................................................................. 77
B. Project Context ....................................................................................................... 79
C. Project Location ..................................................................................................... 80
D. Scope of Services ..................................................................................................... 85
Task A: Operational Flood Forecasting System............................................................ 85
Task B: Integrated Flood Risk Management Planning .................................................. 88
Task C: Development of a Decision Support System ................................................... 94
E. Modelling Considerations for Task A and Task B ................................................ 97
F. Collection of existing data and survey of additional data ................................... 101
G. Capacity building and training related to Tasks A, Task B and Task C............ 106
H. Deliverables and Schedule of Payments............................................................... 107
I. Facilities to be provided by the Client ................................................................. 108
J. Implementation arrangement .............................................................................. 109
K. Required Expertise of Consulting Firm and Key Experts .................................. 111
 Section 7 Terms of Reference
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Abbreviations
ADCP Acoustic Doppler Current Profiler
AIRBMP Assam Integrated River Basin Management Program
AP Anchalik Panchayat
ARG Automatic Rain Gauge
ASDMA Assam State Disaster Management Authority
ASSAC Assam State Space Application Centre
ASTEC Assam Science Technology and Environment Council
AWLR Automatic Water Level Recorder
AWS Automatic Weather Station
CQRT Circle Quick Response Teams
CWC Central Water Commission
DAAC Distributed Active Archive Centre
DEM Digital Elevation Model
DOS Department of Space
DPR Detailed Project Report
DRM Disaster Risk Management
DSS Decision Support System
ECMWF European Centre for Medium-Range Weather Forecasts
ESF Environment Social Framework
ESIA Environmental and Social Impact Assessment
EWDS Early Warning and Dissemination System
FABDEM Forest and Buildings removed Copernicus DEM
FLEW Flood Early Warning System
FREMAA Flood And River Erosion Management Agency of Assam
GFS Global Forecast System
GOA Government of Assam
GP Gaon Panchayats
GPM Global Precipitation Measurement
HEC Hydrologic Engineering Centre
HIU Hydro-informatics Unit
HMS Hydrologic Modelling System
IFRMP Integrated Flood Risk Management Plan
IMD India Meteorological Department
IMERG Integrated Multi-satellitE Retrievals for GPM
IWRM Integrated Water Resources Management
LiDAR Light Detection and Ranging
MOU Memorandum of Understanding
NEC North Eastern Council
NESAC North-Eastern Space Applications Centre
NRSC National Remote Sensing Centre
NWIC National Water Informatics Centre
ORNL Oak Ridge National Laboratory
OSM Open Street Map
PAD Project Appraisal Document
PDNA Post-disaster Needs Assessment
 Section 7 Terms of Reference
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PFRA Preliminary flood risk assessment

PIU Project Implementing Unit
PMTC Project Management and Technical Consultant
PSD Particle Size Distribution
QA Quality Assurance
QC Quality Control
RAP Resettlement Action Plan
RTDAS Real Time Data Acquisition System
SOI Survey of India
SRTM Space Rader Topography Mission
TOR Terms of Reference
UNESCO United Nations Educational, Scientific and Cultural Organization
VEC Valued Environmental Components
WIS Water Information System
WMO World Meteorological Organization
WRD Water Resources Department
WRF Weather Research and Forecasting
ZP Zilla Parishads
 Section 7 Terms of Reference
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A. Project Description
The Government of Assam (GoA) has approached the World Bank to provide support through
the proposed Assam Integrated River Basin Management Program (AIRBMP) to reduce flood
and river erosion risks and adopt integrated water resources management in the state. The
proposed program focuses on strengthening institutions, filling critical knowledge gaps, and
implementing integrated solutions to tackle the current challenges of floods and erosion, and
to seize opportunities for climate resilient growth and improved livelihoods. The proposed
program will be implemented in three phases with Phase-1 focusing on laying the groundwork
for implementing integrated water resources in Assam and selected critical infrastructure
interventions for flood and river erosion risk management.

AIRBMP-Phase 1 will have three main components with component 4 reserved for
Contingent Emergency Response. Only those sub-components, relevant to this proposed
consultancy, are presented here. Detail descriptions of AIRBMP components can be found in
the World Bank’s publicly available Project Appraisal Document (PAD) 2.

Component 1: Institutional Strengthening and Strategic Studies. This component focuses

on institutional strengthening of WRD and ASDMA.

Component 1.1 Institutional Strengthening of WRD to help WRD to make the transition from
a department focused on structural flood control solutions to a broader integrated water
resources management (IWRM) department that helps Assam sustainably develop its abundant
water resources and uses a portfolio of structural and non-structural measures, including nature-
based solutions, to help reduce flood and river erosion risks in collaboration with ASDMA.
Activities include: i) preparing the first ever Assam State Water Policy; ii) undertaking a set of
Assam-Brahmaputra Basin strategic studies and preparing a “State of the Basin Report;” iii)
promoting water resources transboundary knowledge exchanges with neighboring states and
nations; and iv) upgrading WRD’s management information systems.

Component 1.2: Institutional strengthening of ASDMA to support a set of studies that inform
ASDMA’s strategic approach and improve its effectiveness. These include: i) a multi-hazard
risk financing strategy including potentially a weather-based parametric insurance scheme; ii)
improving ASDMA’s post-disaster needs assessment (PDNA) capacity; and iii) developing a
flash flood forecasting feasibility study for Assam’s mountainous regions.

Component 2: Water Resources Management. This component finances the structural and
non-structural activities to reduce flood and riverbank erosion risks in selected sub-basins and
establishes a foundation for IWRM. The relevant subcomponents only are presented below.

Component 2.1. River Works Investments in Beki and Buridehing River Basins. This consists
of approximately 50 kms of no-regret3 river works, including riverbank anti-erosion works and
strengthening existing flood control embankments.

Component 2.2: Flood Forecasting, Flood Risk Management Plans, and Investment
Preparation (i.e., this TOR). Operational flood forecasting models will be developed and
Integrated flood risk management plans (IFRMPs) will be prepared for the Assam parts of the
2
https://projects.worldbank.org/en/projects-operations/project-detail/P174593
3
Anti-erosion and flood embankment works, currently under implementation by WRD at critically erosion vulnerable
reaches, requiring immediate action. A DPR (Buridehing River: 2022 and Beki River 2021) for the works was prepared and
approved by WRD, and design of works in the DPR was approved by CWC, Delhi
 Section 7 Terms of Reference
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Beki, Buridehing, and Jiadhal basins. The IFRMPs will be developed under the co-leadership
of WRD and ASDMA and produce an action plan that encompasses both structural and non-
structural activities, including an investment program for Phase 2. It will also upgrade the
existing Assam Flood Early Warning System (FLEWs) by increasing forecasting lead times
and include both river and floodplain inundation forecasts. WRD’s hydro-informatics unit
(HIU), in collaboration with NESAC, will be responsible for issuing flood forecast and
ASDMA will disseminate early warning through the upgraded Early Warning and
Dissemination System (EWDS) described in Component 3.

Component 2.3 Data Collection and Embankment Asset Management. This includes several
contracts to support WRD’s forecasting and planning activities, including hydro-met stations,
river cross-sections, LiDAR survey, bathometric surveys, etc. A flood embankment asset
management plan will be prepared, for implementation in subsequent phases.

Component 3: Disaster Risk Management. This will help Assam improve its disaster
mitigation, preparation, response, and recovery capacity. It has five subcomponents (for details,
please see PAD)

Component 3.1: Flood Shelters: involves the construction of 5-10 new flood shelters, and the
upgrading/augmentation of around 30 schools to serve approximately 400-500 people in each
shelter.

Component 3.2: Early Warning and Dissemination System (EWDS): will support an end-to-
end early warning dissemination system across the Assam that is supported by intelligent
geospatial analytics providing geo-referenced alerts using Cell broadcast based Integrated
Public Alert and Warning System.

Component 3.3: Revenue Circle Disaster Management: consisting of training and equipping
Revenue Circle Quick Response Teams (CQRTs) who have front-line responsibility for
responding to disasters. Training facilities at the Assam Civil Defense and Home Guard Central
Training Institute will also be upgraded.

Component 3.4: Climate Resilient Villages: will enhance community resilience through the
preparation of approximately 50 Village Disaster Mitigation Plans. In around 25 of these
villages, ASDMA will construct low-cost flood resilient housing structures. The construction
of resilient housing is intended to motivate villages in upgrading their own homes. ASDMA
will also provide training and essential equipment to the participating villages, including
lightning arrestors, emergency response kits, emergency warning systems, etc.
 Section 7 Terms of Reference
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B. Project Context
The State of Assam is strategically important as the largest and most populous state in the
northeast. The state faces many of the challenges prevalent in other parts of the northeast, but
also holds tremendous potential for development through improved water resources
management. Assam forms the physical and economic backbone of the region.

Assam faces two major water-related risks being floods and riverbank erosion, that are already
serious and could be exacerbated under a changing climate. Climate modeling studies project
an increase in the frequency of extreme flooding events for the period 2020-2059. Floods affect
an annual average of 0.8 million hectares of land, but in some years, they affect more than 4
million hectares of Assam’s total area of 7.54 million hectares. Such extensive floods inundate
at least 2,000 villages in addition to destroying other infrastructure. The problem is further
exacerbated by riverbank erosion, which destroys an annual average of about 8,000 hectares of
riparian land. The floods are caused by the runoff of extremely heavy rainfall during the
monsoon and high sediment loads from upper watersheds which are geologically unstable and
degraded because of deforestation and cyclic land use practices. The floods combined with
riverbank erosion have significant impact to communities living on the active floodplains of
the Beki, Buridehing and Jiadhal Rivers.

The 2020 Brahmaputra floods, that hit Assam between May and October amidst the global
Covid crisis, impacted over 7 million people and forced more than 47,000 people into 564 relief
camps4, raising fears of new COVID outbreak clusters. Preliminary estimates of the damage
caused by the 2022 floods in Assam indicate a total cost of around 10,000 INR cr. According
to ASDMA5.

The proposed program (AIRBMP) reflects the fact that bold actions and a step change from
“business as usual” will be needed, which requires strong and coordinated institutions, a sound
knowledge base, and a shift away from reactive and piecemeal investments to participatory,
integrated, and long-term planning, and a re-focusing on a more “intelligent” and adaptive
approach that includes nature-based ‘green’ infrastructure and non-structural measures. The
proposed program is aligned with Government of India’s initiative to make more optimal use
of water resources and mitigated water-related risks in the Northeast to catalyze economic
growth in the region.

4
Flood report as on July 25, 2020, Assam State Disaster Management Authority website,
http://www.asdma.gov.in/pdf/flood_report/2020/Daily_Flood_Report_25.07.2020.pdf, accessed on July 26, 2020.
5
https://www.hindustantimes.com/india-news/floods-landslides-caused-damage-worth-10-000-crore-in-assam-officials-
101657635344296-amp.html
 Section 7 Terms of Reference
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C. Project Location
Phase 1 of the AIRBMP will focus on the Assam parts of Buridehing, Beki and Jiadhal
subbasins which are tributaries of the Brahmaputra River. The AIRBMP Environmental and
Social Impact Assessment (ESIA) contains detailed description of the project areas and can be
found on the FREMAA and World Bank websites. 6
Table 1: Total basin area of Beki, Buridehing and Jiadhal basins

River Sub- Approx. Total Area (sq. Approx. Area in Assam state
Basin km) (sq.km)
Beki 33,101 3,892
Buridehing 5,971 2,943
Jiadhal 1,464 1,102

Figure 1: Location of the Beki, Buridehing, and Jiadhal sub-basins of the Brahmaputra River

Buridehing River Basin: The Buridehing River is a large tributary on the left bank of the
Brahmaputra River. The river is about 380 kms long and originates at 2,375 meters above sea
level in Arunachal Pradesh. The Buridehing flows through Tinsukia and Dibrugarh Districts in
Assam to its confluence with the Brahmaputra at Dehingmukh. Its watershed covers about
5,971 km2 out of which 2,943 km2 is in Assam. The maximum discharge is 2,585 m3/s.
The Buridehing basin, in addition to fluvial flooding by the rising waters in the river, is also
affected by pluvial flooding due to heavy rainfalls during the monsoon season. In the past the
flooding behaviors in the basin are caused by:

6
https://documents1.worldbank.org/curated/en/099203502022318981/pdf/P1745930ab0e540c208d9303a69ad30143c.pdf
 Section 7 Terms of Reference
81

 Off season heavy pre-monsoon rainfalls in March and April usually fills low-lying areas
and wetlands, causing the first spate of flooding in April.
 Intensive rainfalls in June and July causes widespread damage.
 Incessant rains in early October can trigger the third spate of major flooding. 7
During floods of 2015, the flood level of Buridehing crossed all the previous records by
reaching the highest recorded level of 104.15m on 2nd September 2015 at Chenimai gauge site,
exceeding the previously recorded highest Flood Level of 103.93m on 25 th August 1988. The
Buridehing River is an actively meandering river and migrating considerably between its
channel belt, however constrained by the presence of embankments on both sides. Riverbank
erosion near embankments has increased the call for permanent riverbank protection,
preventing breaching.

Figure 2 Buridehing River Basin

In Assam, around 90 kms of embankment have been constructed on the left bank of the river,
and another 115 kms on the right bank. The lower portions of the basin are heavily populated
with extensive agricultural production, including high value tea gardens.

Beki River Basin: The Beki River is a large tributary on the right bank of the Brahmaputra
River, about 379 kms long that originates high in the Himalayan mountains in Bhutan. It flows
through Barpeta and Baksa Districts in Assam to its confluence with the Brahmaputra. Its
watershed covers about 33,100 km2 out of which 3,892 km2 is in Assam. The maximum
recorded discharge is 5,235 m3/s. The Beki River valley has a major reserve forest area, namely
the Manas National Park approximately 95,000 hectares encompassing Project Tiger Reserve,
an Elephant Reserve, and a Biosphere Reserve, which constitutes a UNESCO World Heritage
Site declared.

7
Assam Integrated Flood and Riverbank Erosion Risk Management Investment Program, ADB Environmental Report.
 Section 7 Terms of Reference
82

Figure 3 Beki River Basin

In the Assam part of the Beki River, WRD has constructed in the past around 16 kms of
embankment protecting the left bank of the river, and another 5 kms protecting the right bank.
The lower portions of the basin are heavily populated with extensive agricultural production,
including rice cultivation.

Jiadhal Basin: The Jiadhal River is a medium-sized tributary on the right bank of the
Brahmaputra River, that originates high in the Himalayan mountains in Arunachal Pradesh. It
flows through Dhemaji District in Assam to its confluence with the Subanshree River which is
a tributary of the Brahmaputra. Its watershed covers about 1,164 km2 out of which 1,102 km2
is in Assam. The maximum discharge is approximately 2,500 m3/s. The high levels of
deforestation in Arunachal Pradesh, coupled with young geology of the Himalayan mountains,
brings a huge amount of sediment in transport and drives river channel migration. Because of
the topographic characteristics, most villages in the basin exist along the river. When the
Jiadhal river overflows, houses, crops, and livestock will be inundated with very little time to
react.
 Section 7 Terms of Reference
83

Figure 4 Jiadhal River Basin

All three basins face a set of complex interrelated problems that require an integrated approach
with multiple interventions. The following key challenges were identified:

 Riverbank erosion causing direct loss of cultivable land as well as posing a potential
threat to critical infrastructure (bridges, roads, schools, and other critical buildings) and loss
of floodplain forest reserves.
 Pluvial flooding: direct rainfall and surface run-off causing flooding of low-lying
floodplain areas (back-swamp) and waterlogging due to lack of sufficient drainage
capacity.
 Fluvial flooding (overtopping): Increased River discharge causing riverbank and
embankment overflow (slow flooding)
 Fluvial flooding (breaching): Failure of embankments and subsequent inundation of
floodplain areas behind the embankment (back swamp) because of increased water level
and piping or seepage failure of embankment (flash flooding).
 River course shifting: Loss of cultivable lands and assets (houses, schools, roads, or other
infrastructure) by course shifting and outflanking. Meander cut-off may disconnect water
intake facilities from the river, cut-off access roads amongst others.
 Urban, Town and Village Flooding due to direct fluvial flooding or indirectly due to a
lack of sufficient drainage infrastructure or siltation of existing infrastructure (with
sediment, waste or overgrown by vegetation)
 Section 7 Terms of Reference
84

 Land Use Management and Flood Plain Zoning to reduce flood risks
 Floodproofing critical infrastructure and structures
 Climate change impacts – exacerbating adverse impacts of already high flood risk in
Assam.
 Protecting and restoring wetlands and water sensitive eco-systems – rehabilitation of
former wetlands or connecting existing wetlands, disconnected from the river by
embankments.
 Enhancing flood/river erosion response and recovery activities
 Section 7 Terms of Reference
85

D. Scope of Services

This consultancy will provide services for Component 2.2 of AIRBMP. Component 2.2 (see
Section A) comprises development of operational flood forecasting models and preparation of
integrated flood risk management plans (IFRMPs) for Beki, Buridehing and Jiadhal basins.
This TOR presents the scope of consultancy services and tasks under Component 2.2.

The consultant shall need to prepare and submit an Inception Report (see Section H) within 3
months of the signing of Contract detailing the methodology with an elaborated work plan to
achieve all tasks of the TOR. The report should include a review of availability of all static
and dynamic data and highlight any critical gap in data and need of any new survey.

The scope of services under this assignment includes three key tasks:
 Task A: Operational Flood Forecasting System
 Task B: Integrated Flood Risk Management Planning
 Task C: Decision Support System to Support HIU’s Flood Forecasting and Planning
Activities

Decision Support System

(Task C)

Integrated Flood Risk Operational Flood

Management Planning Forecasting System
(Task B) (Task A)

Task A: Operational Flood Forecasting System

The purpose of this task is to support WRD in developing an operational real-time flood
forecasting system on village level for Beki, Buridehing and Jiadhal sub-basins. The Flood
Forecasting system should, to the extent possible, build upon existing Flood Early Warning
System (FLEWS) that has been developed and operationalized by the Northeastern Space
Applications Centre (NESAC). The enhanced Flood Forecasting System will be equipped with
improved lead-forecasting time for 72-hour and 120-hour lead time. Flooding of the floodplain
areas happens under influence of different flood drivers, ranging from flooding due to direct
rainfall (pluvial flooding), indirect consequences of constraint drainage capacity, to flooding
due to riverbank overtopping, breaching or back water flooding as indirect consequence of
water levels in the main river (fluvial flooding). The development of a suite of hydrological
and hydrodynamic models, which encompasses all flooding processes, is presented in Section
E.
 Section 7 Terms of Reference
86

The objective of Task A of this assignment is to strengthen the capacity of Assam WRD to
effectively plan for and respond to significant hydro-meteorological hazards/extreme flood
events and support ASDMA in flood early warning systems for both pluvial and fluvial
flooding.

WRD has come to an agreement with the NESAC on provision of hands-on technical support
to WRD Hydro Informatics Unit (HIU) in developing the enhanced flood forecasting system.
An MoU between WRD and NESAC has been signed in June 2022. The responsibility for the
development of the Flood Forecasting system fully lies with the consultant, including offering
training and capacity building within HIU/WRD. However, the Flood Forecasting consultant
will be supported and supplemented by NESAC’s existing data and model inputs as part of
NESAC MoU with WRD. NESAC will also train WRD (HIU) technical staffs for attaining self
reliance in operational flood forecasting in the long run through providing training and
technical hand holding after handing over of the operational flood models developed by the
consultants to the HIU, WRD. The HIU will be housing the flood forecasting system and it’s
technical staffs will be responsible to perform operational flood forecasting after the system is
developed.

North Eastern Space Applications Centre (NESAC) was established as a joint initiative of
the Department of Space (DOS) and the North Eastern Council (NEC) and came into being
on 5th of September, 2000. The NESAC helps in augmenting the developmental process in
the region by providing advanced space technology support. The WRD and ASDMA have
been working in close co-ordination with NESAC in a number of projects such as
development of a River Atlas and a Flood Early Warning System (FLEWS).

FLEWS was initiated by Assam State Disaster Management Authority (ASDMA) in

collaboration with NESAC. FLEWS has been developed since 2009 and now covers all flood
prone areas within the State of Assam and issues flood alerts in magnitude (severity) at
different administrative levels (revenue, circle, group, or cluster of villages) with lead time
ranging from 12-36 hours. The runoff forecasting component is a quasi-distributed
hydrological model developed on HEC-HMS platform with inputs from both real time
rainfall observations and numerical rainfall forecasts from the Weather Research Forecasts
(WRF) model.

The architecture of the Operational Forecasting System should have the ability to link all
hydrometeorological data—historic and real-time, gridded rainfall, and host the hydrological
and hydrodynamic models developed in this consultancy in any modelling software. The
system needs to be flexible to host existing and future models, to be developed by WRD in
subsequent phases of AIRBMP. This operational system shall be integrated to the DSS. There
are also industry standard Operational Flood Forecasting Systems capable of hosting any
models. The consultants are encouraged to review those existing systems (Free or Licensed)
and make an informed decision for WRD’s operational Flood Forecasting system.

The system could use distributed client-server technology or a simple desktop workstation
application, providing forecasts for a single or multiple basins, each day during the monsoon
period. The operating system should have add-on tools for automatic processing of forecasted
rainfall and real- and near-real time hydromet data and transforming the data to compatible
file format to the hydrological and hydrodynamics models. The system, to be commissioned
 Section 7 Terms of Reference
87

at HIU (WRD), should automatically run models, generate forecasts, inundation maps, and
issue forecast to ASDMA for disseminating through Cell Broadcast based Integrated Public
Alert and Warning System.

Forecast evaluation shall be carried out using the Skill Scores as per the criteria in WMO’s
Manual on Flood Forecasting and Warning (WMO, 2011). Consultant shall evaluate the
forecasts from the point the calibrated models are ready. Based on evaluation, model update
shall be recommended and implemented during this consultancy.

The requirement of different types of hydrological and hydrodynamic model development for
flood forecasting of pluvial and fluvial flooding processes, is presented in detail in Section E.
A good list of static and dynamic data, available within different organisations and a list of
additional data (to be surveyed) is presented in Section F.

Key tasks, for development of operational flood forecasting models, include:

1. Stock-taking for upgrading to a new Flood Forecasting system. This includes analysis of
the main factors, which affect forecast accuracy including quantitative precipitation
estimates, river and floodplain data, main drivers of flooding (fluvial and pluvial floods),
existing models, and the role of any key infrastructure and drainage systems existing in the
project area.
2. Develop (or upgrade existing) suit of hydrological models: Based on the review of the
FLEWS and the recommendations of the modeling system assessment and model design
report (See Task C), develop/upgrade hydrological models for Beki, Buridehing and
Jiadhal sub-basins. The models should take into consideration the catchments
characteristics, flooding and road network and drainage scenario, embankment conditions
and topography of the area for both fluvial and pluvial flooding events as well as indirect
effects of these events (water logging and backwater effects). It is the Consultant’s
responsibility to develop the most appropriate links between the best available
meteorological forecasting and the flood forecasting model.
3. Develop flood inundation model (s) for flood affected areas along the Beki, Buridehing
and Jiadhal Rivers based on the calibrated hydrological models for the floodplain areas of
the three sub-basins for both fluvial and pluvial flooding. The model selection shall be
made based on the recommendations of the modeling system assessment and model design
report (See Task C). Appropriate combination of 1D/2D linked models shall be investigated
to balance accuracy with run time. Data assimilation technique shall be applied in the
hydrodynamic model using real-and near real-time observed data; assimilation allows
improving model results at real time.
4. Complete the automation of flood forecasting including download of (deterministic)
meteorological forecast, real time observations, running the hydrological and
hydrodynamic models and dissemination of results using latest real time flood forecasting
platform. Model’s forecasting performance shall be evaluated over the monsoons using
standard hydrological and forecasting performance measures (model efficiency, hit rates,
kappa statistics etc.,).
 Section 7 Terms of Reference
88

5. Use 3-day and 5-day rainfall forecast from IMD and/or NESAC – India Meteorological
Department (IMD) provides quantitative rainfall forecast for 1 to 3 days and for 1 to 5 days
in different spatial resolution. WRF model forecasted rainfall covers 1 to 3 days with spatial
grid size of 3 km x 3 km, and GFS model forecasted rainfall covers 1 to 5 days with spatial
grid size of 25 km x 25 km. WRD will arrange obtaining the forecasted rainfall, both for
WRF and GFS model, from IMD. NESAC also provides enhanced meteorological forecast
from WRF and GFS model. Consultant shall also endeavor to find other sources of
meteorological forecast if they find it necessary to improve forecast, e.g., European Centre
for Medium-Range Weather Forecasts (ECMWF).
6. Ensure Integration with ASDMA’s Early Warning and Dissemination (EWDS)
System. Currently, NESAC provides flood forecast warnings to ASDMA which then
disseminate this information through its existing EWDS. Under AIRBMP, ASDAM will
upgrade its overall EWDS. The consultant shall liaise with ASDMA, through WRD, to
ensure that flood forecasting information flows seamlessly into ASDMA’s EWDS.
7. Develop HIU’s Flood Forecasting Capacity. The consultants shall work closely with HIU
in the development of the flood forecasting system, including extensive on-the-job training
as well as formal workshops and trainings. The consultant shall have primary responsibility
for operating the flood forecasting system for at least one flood season after it is put into
operation, providing on-the-job training for HIU staff. Following one season of flood
forecasting operational responsibility, WRD will discuss the possibility of additional
operational support through a time-based contract, either through a contract amendment or
a new contract.

Task A: Deliverable Packages for Payment Purposes: The following table groups the
different deliverables into packages for payment purposes. All deliverables in a package must
be acceptable to the client in accordance with this TOR and the consultants technical proposal,
unless otherwise ageed upon by the client and consultant.

Package Deliverables
A1  Flood Forecasting Conceptual Design Report
A2  Flood Forecasting System Manual
 Commissioning of Operaitonal Flood Forecasting System
A3  Operational Responsibility (Under WRD Authority) of Flood
Forecasting System for One Flood Season With Summary Report
Note: Further consultant operational support may be required in the future, under a contract
amendment or a new contract.

Task B: Integrated Flood Risk Management Planning

The objective of Task B under Component 2.2 of AIRBMP is to identify, shortlist and prioritise
the flood risk management solutions in Beki, Buridehing, and Jiadhal sub-basins and
conceptualize and prepare preliminary engineering design of priority WRD investments for
construction under Phase 2 of AIRBMP. An Integrated Flood Risk Management Planning
Framework will be needed as the set of issues related to flood and riverbank erosion as well as
opportunities to sustainably develop water resources in these basins require sophisticated,
integrated spatial planning that goes far beyond the current no-regret investments in
Component 2.1. The Integrated Flood Risk Management Plans (IFRMPs) will utilize both
integrated water resources management and disaster risk management principles and
 Section 7 Terms of Reference
89

approaches. In addition to the IFRMPs, the activities will include preparation of WRD-related
investment programs for Phase 2 financing of the AIRBM program.

An IWRM approach is required. IWRM is broadly defined as a process which promotes the
coordinated development and management of water, land, and related resources, in order to
maximize economic and social welfare in an equitable manner without compromising the
sustainability of vital ecosystems. IWRM requires institutions to engage diverse stakeholder
groups in a two-way exchange of information and input. Stakeholders include diverse river
constituencies and users with varying levels of representation in local government bodies,
incentives, and power. To be effective, they need the tools – including in some cases partners
in civil society – to engage diverse groups of users whose behavior is critical to better manage
erosion control and undertake emergency management. These organizations also must grapple
with the challenges of aggregation of interests, and how representative bodies can maintain
good downwards accountability to their constituents. Given the enormity and complexity of
the challenges and the need for new, integrated responses to address cross-cutting issues, the
approach needs to build on and leverage existing initiatives in the region, and bring best
practice to it, both from within India and from other countries.

Managing flood and river erosion risks require a combination of green and gray
infrastructure, and structural and non-structural approaches. Examples of nature-based,
‘green’ infrastructure that harness natural systems and have been successfully employed in
various parts of the world, include watershed management, including forest management; river
floodplain management; flood retention and flood bypass channels; aquifer and wetlands
management; and soil management. An IWRM approach that integrates green infrastructure
with gray infrastructure such as flood embankments, river erosion works, and dams offers the
best approach for cost effective and resilient infrastructure. Non-structural solutions such as
flood forecasting and early warning, emergency preparation, disaster response and recovery
are also necessary to fully address all elements the DRM cycle of mitigation, preparedness,
response, and recovery.
A three-stage planning process will be followed for each basin as detailed in subsequent
paragraphs and summarized in the following table:

Table 2: Three Stage Planning Approach

Level Time Frame Detail

Strategy 50 Years Conceptual
Typical Issues: What are the long-term development trends, risks, and oportunities? How
should land be managed? How can infrastructure and structures be made for resilient? How
can nature-based solutions be utilized? What type of infrastructure is required? What the
trade-offs and risks of different approaches? How to manage climate risks and ensure robust
and adaptive approaches??
IFRM Plan 10 Years Feasibility
Typical Issues: What is the set of specific priority actions over the next decade? Includes
both structural (green and gray) and non-structural actions. Feasibility is confirmed, where
necessary through a Multi-criteria analysis. Budget and institutional responsiblities defined.
 Section 7 Terms of Reference
90

Level Time Frame Detail

WRD Investment 5 Years Preliminary Design
Plan (as per BIS (CWC,
2011, see reference
in footnote 8)
Typical Issues: Preparing infrastructure investments for Phase 2 of AIRBMP. Optimizing
design taking into account social and enviornmental considerations for Phase 2 of AIRBMP.
Preparing DPRs – at preliminary engineering design level - for government approval along
with ESIA/ESMP/RAPS and economic analysis to meet World Bank requirements. Prepare
bidding documents following World Bank procurement regulations.

The broad scope of work includes the following sub-activities:

1. Stakeholder Engagement Plan and Capacity Building Plan: Prepare a stakeholder

analysis and a stakeholder engagement plan. The stakeholder engagement plan is the
first step in the IFRM process and should define exactly who, when, and how
stakeholder inputs should be solicited and how this feedback will be utilized. The
stakeholder input may focus primarily but not limited to identifying the problems related
to existing flood situation with existing flood management system and identifying the
solution at local level as well as sub-basin level. WRD and ASDMA should co-lead the
IFRM process. Key stakeholder groups may include: Working Advisory Group
composed of technical personal from key state and district government agencies,
especially WRD and ASDMA but also including other relevant agencies,
Intergovernmental Steering Committee, Civil Society Advisory Group, and
representatives from Women and Marginalized Groups and community representatives
at various levels including the Gaon Panchayats (GPs) at the village level, Anchalik
Panchayat (AP) at the block level, and Zilla Parishads (ZPs) at the district level.
Improving stakeholder knowledge of IFRM planning is an important part of the process.
It will be necessary to empower WRD, ASDMA, and other stakeholders with an
understanding of advanced planning techniques and best practices to mitigate flood and
river erosion risks at an appropriate level of depth. A capacity building plan should be
developed in the early stages of the process that targets different stakeholder groups and
allows them to effectively participate in the process. This includes women, as well ethnic
minorities.

2. Baseline Diagnostic Report and Preliminary Flood Risk Assessment: Prepare a

baseline report with all relevant data, including an assessment of flood and river erosion
challenges, socio-economic trends, critical/valuable environmental resources, etc. The
baseline report includes a preliminary flood risk assessment (PFRA) providing an early
understanding of the main drivers of flooding in the area as well as the delineation of
flood prone areas. The PFRA will be based on readilly available data and information
and leads to a series of flood hazard and risk maps that guides the planning process, i.e.
the definition of objectives (see item 4 below).The baseline report amongst other
includes the identification of Valued Environmental Components (VEC). VECs are
defined as fundamental elements of the physical, biological or socio-economic
environment, including the air, water, soil, terrain, vegetation, wildlife, fish, birds and
land use relevant to the IFRM plan. The analysis shall focus on the Assam part of the
Section 7 Terms of Reference
91

basins, but also consider to the extent possible the Bhutan portion of the Beki basin,
and the Arunachal Pradesh portion of the Buridehing and Jiadhal basins.
3. Development of advanced modeling toolsets: Based on the recommendations of the
modeling system assessment and model design report, a comprehensive IFRM planning
and design toolset will be developed (the specification of the model functionalities to
support the planning process are provided in Section E of this Terms of Reference),
comprising of a series of coupled numerical models (hydrodynamic, sediment transport,
and morphological models, floodplain management economic models) using the state-
of-the art appropriate technology enabling quantitative assessment of development
scenarios and support the design of interventions in the river and floodplain to reduce
flood and river erosion risk in the three sub-basins. Economic models will be needed to
support the planning process and undertake cost benefit analysis of proposed
investments. Ecological model may also potentially be employed. The models, high
resolutions sub-models, must be developed at a scale (spatial and temporal) and purpose
(planning & design) appropriate for application in all stages of the assignment.

System understanding is a pre-requiste for development of such advanced modelling

toolset. It requires thorough understanding of the availability and accuracy of data for
the three sub-basins (See Task C, Section D), requirement of different types of
mathematical models (Section E) and understanding of basins’ geomorphic
characteristics. Morphological analysis shall among others be carried out using the
satellite imageries to gain understanding of river planform dynamics by deriving
planform parameters such as sinuosity, lateral changes, radius of curvature, meander
wavelength, amplitude, and meander belt width. The outcome of morphological analysis
shall include possible near future changes such as the identification of critical flood and
erosion prone river reaches. cut-offs etc, under natural conditions or after
implementation of river structures. Geomorphic characteristics of the basin shall be
established too, such as geology, relief and basin slope, drainage network characteristics
(stream order, numbers, length, channel slope and bifurcation ratios etc.). This analysis
will help developing a methodology for setting up the mathematical models – their
domain, resolution, and functionalities.

4. IFRM Planning Framework & Strategy Report (Conceptual stage): Setting up an

IFRM Planning Process with assessment of development scenarios and investment
strategies. This sub-task starts with developing a shared vision and formulating
objectives and subsequently preparing potential medium term (25 years) and long-term
(50 year) development scenarios that incorporate economic, population, land use and
climate change variables to develop a range of possible futures. A long-term perspective
is necessary as water resources infrastructure and land use decisions have long-term
impacts that can span many decades. In addition, a longer term perspective is required
to adapt to a changing climate and adopt robust approaches and ensure flexibility in
dealing with climate uncertainities.
Develop distinct IFRM strategic directions to reduce flood and river erosion risk in Beki,
Buridehing and Jiadhal Rivers that answer to the said objectives for a 25 and 50 year
planning horizon. Strategic directions are distinct investment/policy development
strategies composed of high-level interventions to reduce flood and river erosion risk
and to improve overall water security in the floodplain part of the sub-basin. Engage in
Section 7 Terms of Reference
92

a multi-stakeholder consultation process to receive feedback on the strategies in order to

select a preferred strategy going forward.
The consultant is required to effectively utilize artist impressions, maps, and
visualizations and employ innovative techniques to visually represent the planning
process in an attractive manner.
Advanced water resources modelling techniques (See Task C) should be employed
where possible to examine the various development scenarios and strategic directions,
and consider cummulative impacts against a set of economic, social and environmental
indicators. Cumulative impacts are the combined, incremental effects of human activity
which may pose a serious threat to the environment. While they may be insignificant by
themselves, cumulative impacts accumulate over time, from one or more sources, and
can result in the degradation of important resources.

Based upon the outcomes of the scenario analysis engage with stakeholders in a process
to select a preferred strategy towards reducing floods and river erosion risk in the three
sub-basins and maximize the benefits of investments in integrated water resources
management to the riparian communities.

5. Integrated Flood Risk Management Plan and 10-year Action Plan for each sub-
basin: IFRMPs set out how organisations, stakeholders and communities will work
together to manage flood and river erosion risk in an integrated and participatory
manner. This sub-task includes the preparation of Integrated Flood Risk Management
Plans (IFRMPs) for each sub-basin including an action plan for the next 10 years. The
IFRMPs should also include detailed flood risk maps for different return periods with
corresponding depths and estimated periods of innundation—to the extent possible.
Undertake a feasibility level analysis of potential structural and non-structural
interventions that will reduce flood and river erosion risks. Structural interventions can
include both gray infrastructure (embankments, erosion works, drainage canals etc.) and
nature-based solutions such as temporary flood retention areas, wetlands, room for the
river approach, etc. Non-structural measures can include land use management,
protection of natural assets, building regulations, improving response and recovery,
flood early warning and dissemination, etc.
The action plan is concrete and time-bound including funding and institutional
responsibilities. The IFRMPs should also make general recommendations for non
WRD-investments such as improving urban flood infrastructure, protecting critical
infrastructure such as roads, railroads, bridges, water supply, etc., Special emphasis
should be placed on meeting the needs and protecting the interest of poor and
disadvantaged groups.
Elaborate the proposed interventions to the level of a feasibility or pre-feasibility
engineering design and employ appropriate modeling techniques to examine the
cummulative impacts of the proposed 10-year action plan on economic, social and
environmental indicators. The IFRMPs should include economic analysis as
appropriate. The Consultant shall derive the cost estimates of the interventions and carry
out the economic analysis.
6. Prepare Detailed Project Reports (DPRs) for WRD funded infrastructure for each
basin (DPR stage):
 Section 7 Terms of Reference
93

Note: The DPRs and subsequent activities (ESIA & RAP and Bid Documents)
(deliverable package B3) will be prepared for selected interventions (options) emerging
from the IFRMPs, which can realistically not be specified at this stage in the preparation
of proposals. The Consultant’s input for the preparation of the DPRs will be negotiated
with the Client at an appropriate time and included as an extension to the main contract8,
against the same rates as per the main contract (see FIN-3 in the RFP). Although the
activities cannot be scoped out in detail, the Consulant must include the general approach
for these activities in their Technical Proposal but must be left out in the Financial
Proposal.
Based upon the results of the IFRMP for each sub-basin, agree with WRD on a set of priority
investments in the amount of around US$ 150 million for implementation under Phase 2 of
the AIRBMP (through a Multi-Criteria Analysis or similar approach to facilitate the decision
making process). Prepare Detailed Project Reports (DPRs) per Indian national standards of
sufficient depth and quality to obtain necessary government approvals. For river works, this
is typically at the level preliminary engineering design, with final detailed design left for the
construction contractor.

Textbox 1: description of typical river works expected to be part of the DPR

The investment works include a combination of flood protection, anti-erosion measures

& river training, both of structural and non-structural nature. They may include
(relocating) embankments for flood control, and spurs/groynes, revetment with
launching apron, RCC porcupines, screens etc. for erosion control, and arrays of river
training works for flow and sediment regulation including flow and sediment guiding
structures, flow deflectors, bottom vanes for sediment control, river constriction,
bifurcation control and river dredging etc. Creation of flood retention areas, polders,
flood control structures (sluices/gates), and improving drainage systems in adjacent
polders may also be required.

Spurs/groynes of different types (impermeable, permeable, sub-merged), shapes and

orientation (to flow) are commonly used and may be required to construct in series.
Their orientation could be flow deflecting, attracting or repelling depending on the field
condition. Revetments, guide bundh are flow friendly structures, also commonly used
and may be of concrete cement (CC) blocks and Geo-bags including launching apron
and may be supplemented by porcupines. Porcupines may be built independently as
well, depending on field condition, to retard flow, attract sedimentation and prevent
riverbank erosion. However, turbulence inside the porcupine field may trigger scour and
thus, their design will require careful planning to attain maximum efficiency.

Advanced hydraulic and morphological modelling techniques (see Section E), should be
employed for optimization of the engineering design. This involves the design of river works
(anti-erosion works/revetments, porcupines, groynes etc) as well as other infrastructure in
the floodplain that contributes to a climate resilient development of the river system. The
DPRs should include bid-ready designs, including detailed economic analysis that meet
World Bank standards, which will be approved by the WRD and other relevant agencies
such as the Central Water Commission (CWC). The design of flood embankment and anti-

8
Contract implementation period is 24 months, including the preparation of DPRs.
 Section 7 Terms of Reference
94

erosion works will need to be approved by CWC, according BIS codes, please see CWC
Handbook for Design9 The environmental and social impacts of the proposed interventions
should be taken into account when preparing the designs.
7. Prepare associated ESIA and RAPs for each Basin DPR. A comprehensive ESIA
covering the World Bank’s ESF requirements and associated ESMP should be prepared
for each basin and then consolidated into one ESIA document. The ESIA should
incorporate the planning rationale for the selected investments, including medium and
long-term objectives, and action plan, as well as minimizing the enviornmental impacts
of the selected investments. A comprehensive Resettlement Action Plan (RAP) should
be prepared for all identified investments and consolidated into one document. The
DPRs, ESIA, and RAP should be prepared in parallel to ensure environmental and social
considerations are taken into account. Additional documents required by the World
Bank ESF policies shall also be prepared as part as required, such as Gender Action
Plan, Labor Management Plan, Indigenous Peoples Framework, and Grievance Redress
Mechanisms, including assisting WRD in carrying out the required consultations
necessary to prepare these documents.
8. Prepare Bid Documents for selected Investments: The final step is prepare a
procurement approach for each basin that analyzes and selects the best procurement
package option for number of packages (i.e a specific procurement activity) and number
of lots within each package (i.e. number of contracts). The procurement strategy should
consider the contractor market and capacity in India. Bid documents following World
Bank standards, including a Bill of Quantities should be prepared for each package and
lot, and approved by WRD. The bid documents should incorporate the relevant portions
of the ESMP.

Task B: Deliverable Packages for Payment Purposes: The following table groups the
different deliverables into packages for payment purposes. All deliverables in a package must
be acceptable to the client in accordance with this TOR and the consultant’s technical proposal,
unless otherwise ageed upon by the client and consultant.

Package Deliverables: Separate Reports for Beki, Buridehing, and Jiadhal Basins
B1  Stakeholder and Capacity Building Report
 Baseline Diagnostic Report and Preliminary Flood Risk Assessment
 IFRM Planning Framework & Strategy Report
B2  Integrated Flood Risk Management Plans
B3  DPR
 ESIA (Consolidated Across Basins)
 RAP (Consolidated Across Basins)
 Bid Documents

Task C: Development of a Decision Support System

Task A (Operational Flood Forecasting) and Task B (Integrated Flood Risk Management
Planning) will require large amounts of data, sophisticated data management, advanced water
resources modelling, highly quality user interfaces, and extensive computing power. The

9
Handbook for Design of Flood Protection, Anti-erosion Measures and River Training Works, CWC, 2011
 Section 7 Terms of Reference
95

objective of this task is to provide HIU with a decision support system to enable it to undertake
operational flood forecasting and planning not only for Phase 1 of AIRBMP, but also as the
foundation for expanding these activities to the rest of Assam in the future. The specific
requirements for operational flood forecasting and planning activities will obviously be
different, but the consultant is encouraged to develop an overarching framework that spans
both activities and creates synergies where possible. The consultant should prepare a “DSS
Conceptual Design Report” at the start of the assignment, as well a “DSS Operational Manual”
at the end of the assignment.

Specific components of the DSS include:

1. Data Sources: Collecting and storing all relevant data for flood forecasting and planning
purposes. This includes developing a data management system to store and access relevant
information such as hydro-met time series data, geo-spatial layers, meteorological data, etc.
The DSS should include Quality Assurance (QA)/Quality Control (QC) mechanisms, including
standard data protocols for spatial and temporal data to be stored in the system. These protocols
should extend to meta-data, access rights and storage management. In addition, the DSS should
have QA/QC tools to ensure consistency and reliability of the data. Section F provides
information on data availability relevant to the assignment.

2. Database Management and Processing: This includes the automated pre-processing of

information from the various database for numerical modelling purposes. It also includes post-
processing of modeling results to feed into user interfaces and for archival purposes. Typically,
industry standard modelling packages often include specific modules to facilitate this process.

3. Model Management: The DSS shall include the relevant suite of models for flood
forecasting and planning purposes, with online linkages to the various databases and user
interfaces. The general set of models are required as follows, and Section E provided more
information on modelling needs. In addition to the deterministic models described below, the
consultant is encouraged to consider supplemental data-driven models which utilize
AI/machine learning approaches.

Model Type Functions

Hydrological Models (covering the entire Supports Operational Flood Forecasting and
area of the basins, not just the Assam part)
IFRMP.
Hydro-Dynamic Models: Coupled 1D-2D Operational Flood Forecasting for fluvial and
Models for the Assam parts of the basin pluvial flooding. Configured to allow for
timely forecasts.
IFRM planning, flood hazard mapping, and
infrastructure design.
Sediment transport and morphological IFRM planning and infrastructure design.
models
Other models As Necessary: Planning, Economic, Environmental, etc.

4. Modelling software, license and annual maintenance

The consultant should propose the appropriate suite of models to meet the requirements of Task
A and B in their Technical Proposals. The consultant is free to propose any type of industry
standard modelling software (open source or proprietary) in their Technical Proposal. A
maximum provisional sum of US$200,000 is included in the contract to cover all software-
related costs. The consultant shall provide at least 6 network (cloud based) and 3 local (USB
 Section 7 Terms of Reference
96

key) licenses for all proposed software with full upgrades and support services for at least 10
years within this overall provisional sum; any additional costs will need to be borne the
consultant. After the 10-year period the client shall continue to have unlimited access to the
software for all the licenses provided (support services may be purchased separately by the
client). License price should include the discount fee of multiple licenses of the same product.
The consultant should also ensure technical and maintenance support for the 10 years period
from the software developer (i.e., not from the supplier/vendor if they are different business
entity than the developer). The final decision on the modelling software utilized will be agreed
upon with the client through the modelling design report at the beginning of the assignment,
after which the licenses will be purchased.

5. User Interfaces and Outputs: The DSS shall include the set of maps, graphs, tables,
animations, etc., to support the forecasting and planning activities. The DSS shall include
archival capacity so that results of different planning and forecasting activities can be stored
for future reference.

6. DSS Facilities and Computing Services: In the DSS Conceptual Design report, the
consultant should provide guidance on the equipment requirements for the DSS, including the
appropriate combination of on-site and cloud computing services. The costs for all equipment
and computing services shall be borne by WRD, but the consultant should facilitate the
specifications and support the procurement of this equipment.

Task C: Deliverable Packages for Payment Purposes: The following table groups the
different deliverables into packages for payment purposes. All deliverables in a package must
be acceptable to the client in accordance with this TOR and the consultant’s technical proposal,
unless otherwise ageed upon by the client and consultant.

Package Deliverables:
C1  Conceptual Design of DSS
 Modelling Design Report
C2  DSS Operational Manual
 Section 7 Terms of Reference
97

E. Modelling Considerations for Task A and Task B

1. Hydrological Models
The hydrological model domain shall cover the entire basin area in the respective river basin
(Beki, Buridehing and Jiadhal), which goes beyond the state border of Assam. The model
should include transboundary areas in the neighboring states for Buridehing and Jiadhal and
areas in Bhutan and China for Beki.
Consultants’ technical proposal shall describe model development methodology including data
requirement and activities for developing such hydrological models (see Section F on data
availability).

Review of existing rainfall-runoff models: Models developed in HEC-HMS by NESAC exist

for Beki, Buridehing and Jiadhal basins. The models were calibrated and validated for a few
hydrological years. These runoff models currently issue forecast by converting runoff to water
levels.

Rainfall bias correction may be required, particularly for satellite rainfall, to apply them in
hydrological modelling, for both baseline and operational forecasting models.
Model calibration and validation: hydrological modelling technologies, used for runoff
estimation, are generally lumped conceptual model and use many parameters for calibration.
Thus, such models require long records of historic hydrometeorological data for determining
the characteristic parameters of the basins. The calibration and validation years should
judiciously be selected so that observed rainfall and discharge data are available at most
observation stations allowing better calibration/validation.

Model performance evaluation: the methods of performance evaluation shall be discussed and
agreed with the client. To assess model performance graphical plots, tabular data comparisons
and statistical parameters shall be applied.

Model Sensitivity Test: sensitivity tests of hydrological models shall be carried out for the
sensitive parameters to ascertain uncertainty range in results.
2. Hydrodynamic Models
1D/2D linked modelling is a common toolset for two different applications to simulate pluvial-
fluvial flooding. Due to this distinct application difference for forecasting and for planning and
design of IFRMPs, the 2D models shall be different in size, resolution, number of domains and
level of details. The consultant shall decide and agree with the client whether to develop one
model in each basin for the two applications or to maintain two separate models – one for flood
forecasting and another with larger domain and higher level of details for IFRMP (please see
more discussions below) also taking into account for the low capacity of WRD to operate the
models going forward after completion of the Consultant’s assignment.

a) 1D/2D linked modelling for forecasting (for Task A), at real-time simulation, requires
computationally efficient robust model. The functional requirement of WRD and
ASDMA is to issue and disseminate forecast daily during the monsoon season
irrespective of the magnitude of a flood event whether it is an extremely low or an
extremely high event. Thus, the operational forecasting models (1D/2D) have to be
robust and stable, but accurate to run at real-time for wide range of flow condition
 Section 7 Terms of Reference
98

without any crush of run. The models need to be run-efficient as run-time is a critical
factor due to forecast simulation. Larger 2D model area requires higher simulation time.
Therefore, areas of the 2D floodplain models, to be linked with the 1D river model,
shall be selected judiciously for the critical areas of inundation to deliver operational
1D/2D linked forecasting models. Setting up multi-domain 2D model within the same
basin, a capability available in many modeling software, shall be considered. Such
multi-domain capability will maximise computational efficiency by activating only
those domains of 2D at real-time simulation where flooding (localized) is evident, from
pluvial, fluvial or both.

b) 1D/2D linked modelling for planning and design (for Task B) employs hindcast
simulation and thus, model run efficiency may not be a limiting factor. Thus, this 1D/2D
models can be for larger areas, in multiple domains within the same basin, by extending
the areas used for the forecast models and can include very detail levels of drainage
networks and flow control infrastructures. Unlike the flood forecasting 1D/2D models,
this extended planning and design 1D/2D models will be run for hindcast simulations,
e.g., using flood events of different return periods including joint probability pluvial-
fluvial events (2-year to 100-year return period including allowance for climate
change). Thus, taking larger model areas and so higher run time may not be necessarily
considered a limiting condition, though run-efficient model is desired for running many
scenarios for planning purposes.
Setting up 1D, 2D and 1D/2D linked models requires clear understanding of a basin’s
inundation dynamics. Inundation mapping in heavy rainfall regions of Assam requires
simulation of compound pluvial-fluvial flooding from heavy local rainfall and riverbank
overflow. Pluvial flooding from direct rainfall (also called surface water flooding) is a key and
frequent source of flooding in Assam and more critical in areas of settlements. In embanked
rivers, pluvial flooding dynamics is more complicated – the excess runoff (overland flow) will
flow through the drainage routes to the river and through valved sluices and culverts for
embanked rivers; the valves remain closed if the river levels are higher. This mechanism needs
to be replicated in the 1D/2D linked models in the flood risk planning models, and to the extent
possible in forecasting models.

The pluvial flooding processes in the gridded 2D floodplain models will require to dynamically
simulate Overland Flow, Interception for canopy storage and Infiltration for sub-surface flow.

1D river modelling: the main river and its key tributaries shall be included in the 1D river
model in each of the three basins. The 1D model should include Assam part of the river from
its border with the neighboring states/country, up to the outfall with the Brahmaputra. Model
boundary locations and conditions should appropriately be chosen so that it induces minimum
impact on results from the imposed condition. The downstream boundary of the 1D models
should be extended into the Brahmaputra and transitioned appropriately to replicate the
Brahmaputra water level. In mild slope terrain of sub-critical flows in the Brahmaputra, the
downstream boundary will have considerable influence on the model forecast levels and
inundation maps in the vicinity of the boundary- influence zone could be 10 to 15 km.

1D/2D linked modelling: the floodplain on both banks of the main river including key
tributaries in each basin shall be included in the 2D model and then be linked with the 1D
model. The advantage of 1D/2D linked modelling is the simulation of combined pluvial-fluvial
 Section 7 Terms of Reference
99

inundation dynamics more accurately than in a pure 1D or a pure 2D model. The area of the
2D floodplain model for flood forecasting, to be linked with the 1D, shall be selected
judiciously for the critical areas of inundation in multiple domains of 2D within the same basin
to deliver a manageable, run-efficient, real-time forecasting model. The 1D/2D linked model
for IFRMP, as explained earlier, shall be for extended areas than in the forecast models whose
application will be for running hindcast scenarios of pluvial -fluvial flood events of joint
probability of occurrence. Multi domain 2D models will bring run-efficiency and allow running
numerous scenarios.

Consultants’ technical proposal shall describe model development methodology including data
requirement and activities for developing such 1D, 2D and 1D/2D linked models (see Section
F on data availability).

Model calibration and validation of 1D/2D linked model: Calibration and validation period for
the 1D and 1D/2D linked models shall cover several monsoon periods (few selected common
years from the hydrological models) to deliver robust, stable and accurate models – valid for
wide range of flow condition. The calibration and validation years shall be selected judiciously
so that observed water level and discharge data are available at most observation stations
allowing better calibration/validation.
Model performance evaluation: the methods of performance evaluation shall have to be
discussed and agreed with the client. To assess model performance - graphical plots, tabular
data comparisons and statistical parameters shall be applied.

Model Sensitivity Test: sensitivity tests of hydrodynamic models (1D and 1D/2D linked) shall
be carried out for the sensitive model parameters (physical and numerical) to ascertain
uncertainty range in results.

3. Sediment transport and morphological models

Mobile bed fully dynamic sediment transport and morphological models, appropriate for
erosion works planning and design, shall be developed. This could be a suite of far-field, near-
field and local high resolution 2D models to resolve flow and sediment transport mechanism
in morphologically dynamic braided and meandering rivers. Consultant shall select the model
domains and their resolutions from initial understanding of the river systems. If applicable (and
feasible), the consultant may choose to develop a single domain model provided the model is
capable of simulating far-field, near-field and local flow dynamics and scours (e.g., around
structures), accurate enough to the field condition, in depth integrated 2D shallow water
equation model. They may also complement 2D modelling by 1D for preparing medium to
long-term river management plans. The modelling technology shall be capable of using widely
used sediment transport functions for uniform and graded sediment mixtures and predicting
bed and suspended transport; has ability to account for secondary currents, different types of
scours (general scour, bend and confluence scour, obstruction scour etc.) and is capable of
simulating the morphological response of the river to proposed river and floodplain
interventions.

Review and use of existing sediment transport models: there are no existing sediment transport
river models in any of the three basins.

Model calibration and performance evaluation: calibration and validation period (monsoon)
shall be decided through discussion with the client. Methods of performance evaluation shall
 Section 7 Terms of Reference
100

have to be discussed and agreed with the client. To assess model performance – graphical plots,
tabular data comparisons and statistical parameters shall be applied. Predictive ability of
different sediment transport functions, which are extremely non-linear to hydrodynamics
(velocity), shall be evaluated using discrepancy ratio 10 between observed and modelled
sediment load. The function, found suitable for a particular basin, shall be applied for
evaluating the erosion management options.

Model Sensitivity Test: sensitivity tests of both hydrodynamic and sediment transport models
shall be carried out for the sensitive model parameters (physical and numerical) to ascertain
uncertainty range in results.

Other Models: Other models may also be required based upon planning requirements,
including river basin planning models, ecological models, and economic models. The
consultant should propose any additional models in their technical proposal, which will be
confirmed at the modelling design report stage.

10
Computational River Dynamics, Weiming Wu, Taylor and Francis, 1 st Edition, 2007
 Section 7 Terms of Reference
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F. Collection of existing data and survey of additional data

The data collection will cover those data (i) which are already available with client, (ii) which
are available with other organization/agencies, (iii) which client would be collecting under
separate assignments and (iv) which are required for carrying out the assignment and are not
available under (i), (ii) & (iii) above and will require to be surveyed and/or measured by the
consultant. Those data which would be available with client and data being collected through
separate assignment would be handed over to consultant by the client11. Client will facilitate
the consultant in collecting the data available with other organizations/agencies. The consultant
is responsible to update the database regularly with newly acquired data through manually
derived data from surveys and coupling with WRD’s Water Information System (WIS).

1. List of existing data and survey of additional data

Existing data: a list of existing data (though not an exhaustive list), available within different
organizations and departments and in open source, is presented in Table 3. These data will be
integrated into the DSS as appropriate after QA and QC. FREMAA and WRD will facilitate
the consultant to collect the existing data.

Additional data survey: this kind of data are assignment specific and location specific and do
not exist at present. Such data, in general, are not available or surveyed in routine monitoring
program by any organisations, e.g., by WRD, ASDMA, CWC or IMD.

The Consultant will require to carry out the need-based surveys to support the activities for the
Flood Forecasting Modelling (Task A) and for Integrated Flood Risk Management Planning
(Task B). This may include location specific ADCP discharge measurements, additional local
bathymetric surveys, bed and bank material sampling for grain size distribution, and any other
data the consultant may require for this study. The budget for such additional surveys will be
provided by the client from a provisional sum (USD 300,000). Both specifications and volume
of survey will have to be captured in a survey plan, to be prepared during the Inception Phase
and is subject to approval by the client.

2. Existing data
Hydrometeorological: historic data shall be available from CWC, WRD and IMD.
Hydrometric stations are shown in Appendix A in river tree diagrams and meteorological
stations are shown in Appendix B in maps. Data from CWC for the Brahmaputra basin are
classified and require approval by the Classified Data Release Committee of CWC. All CWC
data shall be available free of charge for state government organisations (e.g., WRD, Assam).
Data from IMD and WRD shall be available for collection, free of charge. WRD is also
developing a “Water Information System” (WIS) under the World Bank financed National
Hydrology Program. The WIS collects and stores real-time data from Assam’s hydrological
and meteorological monitoring network. The DSS shall develop appropriate automatic linkages
with the WIS to ensure seamless flow of information.

LIDAR: This survey is currently under the tendering processes by the Irrigation Department
and WRD of Assam. The Irrigation Department’s survey data shall cover entire Brahmaputra
basin in Assam and is expected to be available by late 2024. FREMAA is coordinating with

11
Not all data WRD is collecting through separate assignments will be available at the project start. The
consultant will use the Inception Phase to plan the receipt of different datasets in time.
 Section 7 Terms of Reference
102

Irrigation Department to ensure prioritization of the Beki, Buridehing, and Jiadhal sub-basins.

River cross-sections: WRD’s survey is currently on-going in the Beki, Buridehing and Jiadhal
Rivers. All cross-sections are being surveyed in the main rivers only. This survey is expected
to be completed by mid-2023. Appendix C includes maps showing survey cross-sections.

Real Time Data Acquisition System (RT-DAS): WRD’s installation of Automatic Rain
Gauge (ARG), Automatic Weather Station (AWS) and Automatic Water Level Recorder
(AWLR) is currently ongoing throughout the state under the National Hydrology Project. Data
is expected to be available from monsoon 2023 to onward in the three basins. This information
will be stored in WRD’s WIS and should be seamless connected with the HIU DSS, which is
a task under this assignment.

Static data: many of the static data (mostly Remote Sensing and GIS -Raster and Vector) are
available in different departments and organisations and as global data in open source. ASDMA
is a key source of many of those datasets. FREMAA and WRD will facilitate collecting these
data by the consultant. ASDMA is also created a “geo-spatial laboratory” under AIRBMP. The
consultant should help ensure synergies between HIU and the ASDMA’s geospatial laboratory.

Bathymetric data: Planning and design of flood and erosion protection works at erosion
vulnerable river reaches shall require development of far-field and near-field two-dimensional
(2D) sediment transport and morphological models including high resolution local 2D models
for determining dimensions, alignment, and performance of erosion protection works options,
e.g., spurs/groynes, revetment works or other river training works. Such models will require
high resolution bathymetric survey.

WRD will undertake bathymetric surveys in Beki, Buridehing and Jiadhal Rivers for most
relevant stretches of the rivers. Bathymetric surveys will be supplemented by land survey of
dry islands within active floodplains to generate a continuous river bathymetry as input in the
2D hydro-morphological model. WRD will seek review of the survey specifications from the
consultants for surveys that have not started to ensure the results meet the consultant’s
modeling requirements. The survey will span two wet season periods and the first survey results
may be available from late 2024.

Table 3: List of existing water resources baseline data and information from different organisations
and from open sources

Data category Data type Sources of existing data:

Departments/Organisation
Note:
1) WRD & FREMAA shall facilitate collection of all existing data by the consultant, 2)
Consultant is responsible for collection of open-source data, 3) Historic hydrometeorological
data ideally be available till 2022, 4) WRD’s RTDAS data will be available from monsoon
2023 to onward
Topographic data LIDAR based DEM and DTM Irrigation Department/WRD
(under tendering process)
Free satellite-based DEM Open source: Consultant to
(High resolution DEM from free collect, e.g., Copernicus,
satellite source) FABDEM, Tandem-X, SRTM,
Cartosat etc.
 Section 7 Terms of Reference
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Data category Data type Sources of existing data:

Departments/Organisation
River cross-section WRD (survey on-going), and
CWC at HO stations only
Toposheets (Raster data) Survey of India (SOI)
Administrative District, block and ASSAC, NESAC, ASDMA
boundaries villages/settlements, government, and Open Street Map (OSM)
public and private infrastructures
River stream network GIS shape file CWC, WRD, ASDMA
Flow and erosion Flood embankment (in *shp or WRD
control and other CAD file)
infrastructures Anti-erosion work site details WRD
Sluices, culverts, dams, weir or WRD and CWC
other flow control infrastructures
Roads, railway lines, bridges etc. Open Street Map (OSM)
Meteorological data Rainfall IMD, CWC, and
(historic and real (Manual and Automatic Rain WRD (RTDAS: ARG and
time) Gauge (ARG) and Automatic AWS from 2023 to onward)
Weather Station (AWS)
Evaporation, temperature IMD
relative humidity & other climatic WRD (RTDAS: AWS from
data monsoon 2023 to onward)
(Manual and AWS)
Satellite rainfall (gridded) Open source, e.g., GPM
IMERG
Meteorological Forecasted rainfall (gridded) IMD, NESAC, ECMWF or
weather forecast data others
Hydrometric data CWC
CWC
Water level (G), Discharge (D),
Sediment concentration (S) and
Water Quality (Q)
Manual and Automatic station
WRD (G, D and S)
WRD Assam routine monitoring
stations
WRD (RTDAS: G only from
WRD (RTDAS AWLR) Assam
2023 to onward)
Historic flooding Flood maps (GIS file), aerial WRD, ASDMA, NRSC and
record photographs, historic marks and NESAC
records
Land Use and Land Landuse and land cover ORNL DAAC and NRSC
Cover
Forest and wetland Inventories ASTEC, Government of
Assam and ASDMA
Soil Texture and soil Vector data National Water Informatics
classification Centre (NWIC) & Soil Grids
Geology and Vector data Bhukosh (GSI)
Geomorphology
 Section 7 Terms of Reference
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Data category Data type Sources of existing data:

Departments/Organisation
Agriculture Total cultivable land, net and Department of Agriculture,
gross cropped area, area under Government of Assam
different agricultural practice,
cultivable wasteland, waterlogged
area, and wetland area
Socio-economic 2011 Census data Ministry of Home Affairs,
Government of India

3. Survey of additional data

A possible list of the additional data survey is presented in Table 4. The Consultant shall
propose specific additional data requirements and estimated costs over the course of the
assignment as necessary within the overall scope of the provisional sum (US$300,000). The
Consultant will be responsible for undertaking the proposed surveys but will need the written
approval of WRD before proceeding.

Table 4: List of additional data survey and measurement in Beki, Buridehing and Jiadhal basins

Data category Data type Proposed additional survey:

Responsibility of survey
Jiadhal River Cross- This new survey covers the reach WRD
section/topographic from the end point of WRD’s on-
survey going survey up to the outfall of
Jiadhal to the Subanshree River
which is a tributary of the
Brahmaputra River
ADCP flow ADCP discharge measurement in Consultant decides
measurements in Beki, Buridehing and Jiadhal measurement locations and
main river frequency
ADCP spot flow Flow measurement in the Consultant decides
measurement tributaries of Beki, Buridehing measurement locations and
and Jiadhal (during events) frequency
Bed and bank material Sampling of bed and bank Consultant decides sampling
sampling for grain material for determining particle locations including analysis
size analysis size distribution curve (PSD) of samples from a laboratory

Jiadhal River Cross-section/topographic survey

This additional survey covers the reach from the end point of WRD’s on-going cross-section
survey upto the outfall of the Jiadhal River to the Subanshree River which is a tributary of the
Brahmaputra River. Jiadhal river course is not well defined for this reach and has a strong
seasonal appearance, and thus, the survey, in addition to cross-section, may also include
topographic survey of the floodplain if not well captured under the LIDAR survey. The survey
locations and volume shall need to be determined through a joint reconnaissance field visit by
the consultant and the client (WRD).

ADCP flow measurements

ADCP derived flow velocity data and discharge is a prime data for planning and design of
erosion protection works. This data will also be required to calibrate and validate flood
 Section 7 Terms of Reference
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forecasting models and 2D sediment transport models. In addition to the three main rivers
(Beki, Buridehing and Jiadhal), it is also recommended to carry out spot ADCP measurements
in some of their main tributaries. The consultant will need to identify requirement of ADCP
data, decide measurement locations and frequency.

Bed and bank material sampling for grain size analysis.

Riverbed and bank material sampling shall be conducted along the river course (10 transect
lines) in the main river of each sub-basin to establish sediment size gradation of bed and bank
by lab analysis. The sediment grain size data shall be used to develop the sediment transport
model discussed in Section F of this TOR.
 Section 7 Terms of Reference
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G. Capacity building and training related to Tasks A, Task

B and Task C
The Consultant shall offer formal and on-the-job training for institutional capacity building
within FREMAA, WRD, ASDMA and NESAC in all activities related to Task A, Task B and
Task C. The training programmes should be designed for different groups of participants to be
decided through discussion with the client. Six formal training programmes, each for one week
duration, two for each Task (Task A, Task B and Task C) are proposed, while for on-the-job
training, the consultant should integrate appropriate staff members of WRD/HIU and ASDMA
in routine works of Task A, B and C. To maximize opportunities for knowledge exchange
between the Consultant and the client, it is strongly recommended to allocate sufficient time
for working in Assam compared to home-based work, for both international and national
experts.
 Task A programme shall focus on detailed steps for development of rainfall-runoff
models, 1D, 2D hydrodynamic models, and steps for coupling 1D and 2D models,
theories and processes of hydrological and hydrodynamic modelling. The programme
should also include operation of forecast models including automation of real-time
hydro-met and forecasted (gridded) rainfall data, importance/application of data
assimilation using real-time data in flood forecasting and methods for evaluation of
forecasting performance.

 Task B training programme shall focus on Integrated Flood Risk Management

Planning. This should cover training in all aspects of the integrated flood risk
management planning approach (including IWRM) making efficient use of
international good practices such as the Room for the River approach and innovative
approaches such as Nature-Based Solutions for climate resilient development of the
sub-basin. and also, capacity building to improve stakeholders’ knowledge on IFRMP.
The programme needs to cover training on all related mathematical modelling tools
which will be applied for the planning and design purposes of IFRMP including theories
and processes of modelling.

 Task C programme shall focus on review and analysing technique of static and dynamic
data, GIS and Remote sensing data processing, QA and QC processes, and development
and operation of the DSS.
 Section 7 Terms of Reference
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H. Deliverables and Submission Schedules

The Consultancy contract shall be lump sum with payments made against clearly defined
deliverables (Table 5). The terms of payment for each deliverable package are specified in
Special Conditions of Contract, 42.2. The contract has an estimated total duration of 24 months.
There may be a follow-on assignment to provide operational flood forecasting support based
upon satisfactory completion of the initial assignment. The description of each deliverable
package is described in the task description section. The Consultant is requested to provide a
detailed schedule of deliveries in their technical proposals based upon their understanding of
the assignment.

Inception Phase:
The Inception Phase offers the Consultant the opportunity to get acquainted with the project,
undertake joint reconnaissance missions, collect and analyze data and update the Consultants’
workplan and refine methodologies. The Inception Phase must be used to establish a trusted
working relationship between the Consultant, the Client and the PMTC as this complex
consultancy is considered a collaborative effort between multiple parties. The findings from
the Inception Phase will be captured in an Inception Report.

The Inception Phase provides the Consultant all necessary background information necessary
to scope out in greater detail all activities under this assignment, information that can
realistically not be captured in a TOR. The Inception Report will allow the consultant further
detailing of the methodology with an elaborated work plan detailed enough to successfully
complete all tasks of the TOR. The consultant should also elaborate task-wise sub-activities,
identifying gaps and then discuss and agree with client. The consultant shall discuss data
requirement, review of available data and data gaps, if any. They should discuss and agree on
different modelling types, modelling software, and model specifications, performance
evaluations, accuracy limits and models’ limitations. The report should also discuss the design
code to be adopted for flood and erosion control and other river trainings works for IFRMP,
and quality assurance of the design. The consultant should also agree on the deliverable list
and timelines presented in the TOR (Table 5), discuss and agree with the client and adjust
contents, timeline if any required.

The Inception Report shall be submitted within 3 months from the signing of the Contract.

Table 5: Deliverables and submission schedules

Deliverable Months From Contract

Signing
Inception Report 3
Package A1 6
Package A2 18
Package A3 24
Package B1 12
Package B2 18
Package B3 TBD12
Package C1 6
Package C2 18
12
To be completed within the 24-month project duration
 Section 7 Terms of Reference
108

I. Facilities to be provided by the Client

WRD will provide the Consultant with the following facilities and services:

a. Office space including furniture and utilities in WRD’s office premises (e.g., Assam
Water Centre) in Guwahati and at the WRD district offices.
b. Access to all reports, studies, data, photographs, maps, and institutions relating to the
works, access to all sites and will be provided free of cost to the consultant.
c. Assistance to procure all necessary administrative documents including, but not limited
to, visas, exchange control documentation, import licences, exemption certificates,
work permits, driving licences, resident visas/work permits, etc. All costs related to
these will be borne by the consultant.
d. Logistic support for carrying out field studies, including permission to use facilities
such as Guest Houses, payable at the official rates wherever hotels are not available,
for their official duties. This does not include transport/travelling cost going for site
visits.
e. The Consultant is required to provide its own computers, printers, and other electronic
devices.
 Section 7 Terms of Reference
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J. Implementation arrangement
Overall management of consultancy. The Water Resources Department (WRD) is the Project
Implementing Agency (PIU) of Component 2 of AIRBMP. The Chief Executive Officer (CEO)
of FREMAA is responsible for overall management, coordination, procurement, financial
management, monitoring and evaluation, and compliance with environmental and social
safeguards of the project.

Technical direction and supervision. The PIU of Component 2 will oversee the technical
quality and scientific rigor of this consultancy service. The Consultant will work under the
direction and supervision of the Component 2 Director, supported by the respective District
(Executive) Engineers. WRD has hired a Project Management and Technical Consultant
(PMTC) to support WRD in the daily operation of the project and to provide technical support
for the supervision of this consultancy service.

Day-to-day collaboration with WRD. The WRD central planning unit will provide overall
support to the IFRM planning process, with approximately five dedicated staff. The various
WRD divisional offices will take front-line responsibility for overseeing the plan preparation
with support from WRD’s central planning unit. The WRD Hydro-Informatics Unit (HIU) will
provide analytical support, including water resources modelling and Information Management
System development.
The Consultant will be working closely with the WRD project team and PMTC to transfer
knowledge and experience and strengthen the institutional capacity of WRD. After the
Consultant’s assignment, the WRD must have the capacity and skills to operate and maintain
the modelling toolset. Therefore, the Consultant will need to establish a close working
arrangement with WRD.

Computing hardware requirement: the Consultant has to identify the minimum/desired

specifications of hardware required for running the 1D, 2D and 1D/2D linked model including
a high-resolution DEM, providing forecasts in once daily (and may be more than once during
severe flood events). Computations may be done at a technically feasible resolution (both
temporal and spatial) in reasonable time, however without compromising accuracy of the
model results. The consultant should clarify the hardware specifications in their technical
proposal to be confirmed during the Inception Phase of the project. The hardware shall be
purchased by the consultant and handed over to WRD after successful completion of project.
The cost of purchase would be covered by the implementing agencies. The specification of
hardware should be such that it can support computation at the best feasible resolution to
produce high resolution and accurate flood inundation maps. Consultants should demonstrate
that they invested their best effort to provide a state-of-the-art solution by combining the best
software and hardware approach to provide insight into the feasibility of using 1D/2D linked
modelling as a basis for real time flood management.

Handling of classified/restricted data: The Consultant, his sub-Consultants and the personnel
of either of them shall not, neither during the project nor after the expiration of this contract,
disclose any proprietary or confidential information related to the Project, the services, this
contact, or the Client's business or operations without the prior written consent of the Client. A
secure data handling environment is proposed, keeping in view the security guidelines for data
secrecy, in order to provide optimum functionality and to enable sharing data with the
Consultant. Confidentiality and non-disclosure Agreements are to be signed by the Consultant
firm, as well as the individual Consultant deputed for working in Assam Water Centre.
Technical data brought by the Consultant may be allowed to be loaded on the server. No
 Section 7 Terms of Reference
110

original data kept on the server will be modified or changed. Change/ modification required if
any will be done only after copying the data.
 Section 7 Terms of Reference
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K. Required Expertise of Consulting Firm and Key Experts

The consultancy will be overseen by a Team Leader with support from a resident Deputy Team
Leader, ideally one for each sub-basin12. The Consultant team is composed of a multi-
disciplinary team of experts with international and Indian background. “International
Experience” is defined as substantial and diverse experience gained outside India, reflecting
international good practice in relevant fields of this assignment.

The total estimated person months for the assignment is estimated at 241 (excluding Package
B3 will be processed as a contract amendment). The expertise required for this Consultancy is
categorized into three tiers, providing flexibility for the consultant to propose the most suitable
team for the assignment while ensuring minimum qualification requirements are met for key
staff and certain critical non-key staff positions. The three tiers are outlined as follows:

Tier 1: Key Staff Positions: All key expert positions require senior level and broad
international experience and are subject to individual evaluation.

Tier 2: Critical non-Key Staff Positions: The critical non-key staff positions refer to
those specific roles that necessitate minimum qualifications to effectively carry out the
services described in this TOR.

Tier 3: remaining non-key staff positions. The indicative composition of remaining

non-key expert positions is listed below which is non-exhaustive. The consultants
should make their own estimates of remaining staffing resources (junior, mid-level and
senior experts, both national and international) and level of effort required to complete
the assignment satisfactorily.

When forming the team, the consultant shall propose a balanced combination of International
and Indian staff with fit-for-purpose qualifications, for instance when it comes to the need to
speak the local languages and show familiarity with communication with local stakeholders
and community representatives. For all the staff positions, professional experience in Asia, and
in India in particular, would be an advantage as well as experience with capacity building and
stakeholder engagement. The Consultant is free to combine expertise in a smaller number of
positions and may propose additional experts and administrative staff as may be needed to
successfully fulfil the tasks outlined under this TOR, as long as the minimum requirements are
met. The Consultant is encouraged to a follow a ‘best team approach’.

Due to the significance of building the capacity of government staff, the Client prefers maximizing
the presence of key experts in Assam. In the proposal, the Consultant should outline their approach to
fulfill this need with a general target of around 80% of time spent in Assam.

For Tier 1 and Tier 2 experts, for each proposed candidate a full resume (max 3 pages, see
RFP)) shall be submitted. For each of the proposed Tier 3 non-key experts, a short resume
(max. ½ page) shall be presented. The individual non-key experts (Tier 2 & 3) will not be
evaluated as part of the proposal scoring process,13 but the experience and added value of the
non-key expert team will be taken into consideration in the overall quality of the technical
proposal.

12
The Consultant shall propose the most efficient and functional composition of deputy Team Leader position(s) by
strategically combining roles and expertise.
13
Provided that minimum qualification requirements are met for Tier 2 non-key experts.
 Section 7 Terms of Reference
112

Tier 1: Key Expert positions (Six (6), for full evaluation)

KE-1: Team Leader
KE-2: Senior River Basin Management & Planning Expert
KE-3: Senior Hydrologist & Flood Forecasting Expert
KE-4: Senior River Morphologist & Morphological Modelling Expert
KE-5: Senior River Engineer
KE-6: Senior Database Management & Information Management Systems / DSS
Expert.

Tier 2: Critical non-key staff positions (eight (8), with minimum qualification
requirements)

1. Deputy Team Leader

2. Social Safeguards Specialist (ESF experience)
3. Environment Safeguards Specialist (ESF experience)
4. Stakeholder Management Specialist
5. Sediment Transport and Morphology Modeler
6. Economist
7. Procurement and Contract Management Specialist
8. Flood Risk Management Specialist

Tier 3: Indicative list of remaining non-key staff positions (ten (10))

1. Ecologist / Ecosystem Service Specialist

2. Training and Capacity Building Expert
3. GIS Specialist / Specialist in Remote Sensing
4. River Basin Modelling Specialist
5. Hydraulic modeling Expert
6. Landscape architect
7. CAD/Civil 3D specialist
8. Agriculture Specialist
9. Disaster Risk Management specialist
10. Communication specialist
 Section 7 Terms of Reference
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Table 6: Qualification and experience requirements for Tier 1 Key Expert Positions

Sl. Tier 1: Key Experts Qualifications and Experience Indicative

man-
month
International
Experience
Needed
KE-1 Team leader 1. The Team leader will have an advanced degree in civil engineering, water 15
resources management or equivalent, with a minimum of 15 years of total
professional experience, of which at least 10 years as Team Leader/Project
Manager.
2. The Team Leader should have experience in leading a multi-disciplinary team
of experts in large river basin management/planning or river engineering
projects for at least one contract of more than US$ 2 million in contract value.
3. Should have demonstrable experience as Team leader in at least 2 MDB-
financed projects, such as ADB or World Bank.
4. Should have been with the lead firm or with any of the JVs for 2 years during
past 8 years.
KE-2 Senior River Basin 1. Minimum Master’s degree in Civil Engineering /Hydrology /Water Resources 15
Management Expert Management /Earth Sciences or equivalent.
2. Minimum of 15 years of experience, of which 10 years in handling international
assignments in Integrated River Basin Management & Planning.
3. As key expert involved in at least 2 projects concerning the preparation of a
River Basin Management Plan or Master Plan of which at least 1 outside South
Asia.
4. Should have been with the lead firm or with any of the JVs for 2 years during
past 8 years.
5. Must have experience with multi-sector stakeholder engagement,
communication and liaison skills.
KE-3 Senior Hydrologist & 1. Minimum Master’s degree in Civil Engineering/Hydrology/Hydro-informatics 15
Flood Forecasting Expert /Environmental Engineering /Earth Sciences or equivalent.
 Section 7 Terms of Reference
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Sl. Tier 1: Key Experts Qualifications and Experience Indicative

man-
month
2. Minimum of 15 years of experience, of which 8 years in handling international
assignments in hydrology and hydrological modelling, hydraulic modelling and
flood forecasting.
3. At least 10 years of experience in 1D/2D linked modelling of which 5 years is
on development and 5 years on supervision for flood risk and flood forecasting
modelling.
4. Should have been with the lead firm or any of the JVs for 2 years during last 8
years.
KE-4 Senior River 1. Minimum Master’s degree in Geology /Physical Geography /Earth Science /Civil 12
Morphologist and Engineering or equivalent.
Morphological Modeling 2. Minimum of 15 years of professional experience in river morphology and on
Expert geomorphic characteristics of alluvial basins.
3. Demonstrable experience in 2D/3D morphological and sediment transport
modeling and undertaking morphological analysis.
4. Experience in at least 2 projects concerning the design of river training works.
5. Experience of working in large alluvial rivers in Asia is of comparative
advantage;
KE-5 Senior River Engineer 1. Minimum Master’s degree in Geology /Physical Geography /Earth Science 6
/Civil Engineering or equivalent.
2. Minimum of 15 years of professional experience in river engineering of which
the design of river training works in large alluvial rivers.
3. Demonstrable experience in at least 2 relevant river engineering projects with a
contract value over US$ 0.5 million each.
4. Experience in supervision of construction works is preferred.
5. Experience of working in large alluvial rivers in Asia is of comparative
advantage;
KE-6 Senior database 1. Minimum Master’s degree in Computer Science / Information Technology 6
Management and /Remote Sensing and GIS or equivalent.
Information management
 Section 7 Terms of Reference
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Sl. Tier 1: Key Experts Qualifications and Experience Indicative

man-
month
Specialist/ DSS Expert. 2. Minimum of 12 years experience, of which 8 years is international, in
development of information management and decision support systems,
database management, programming, software design and documentation &
visualization.
3. Demonstrable experience with managing large spatial and hydrological datasets
in the context of developing complex modeling toolsets.

Table 7: Minimum qualification and experience requirements for Tier 2 non-key Expert Positions

Sl. No. Tier 2 experts Qualifications and Experience Indicative man-

month
1 Deputy Team Leader - Qualification - Post Graduate (Consultant may choose one expert from 15
(Ideally one for each the Tier 2 & 3 pool of resources as a DTL, ideally one for each basin)
basin) - Demonstrable management skills and experience with stakeholder
engagement in India.
- Experienced in speaking Assamese
2 Social Safeguards - Minimum postgraduate degree in Social Science /Development Studies 6
Specialist (ESF /Public Policy or equivalent.
experience) - Minimum of 10 years of experience in areas of social safeguards under
World Bank and ADB projects (or any other Multi-lateral Development
Bank (MDB), with specific experience gained in water infrastructure
projects and integrated river basin management projects.
- Demonstrable experience with the World Bank Environmental and
Social Framework (ESF)
- Experience of multi-sector stakeholder engagement, communication
and liaisoning.

3 Environment - Minimum postgraduate degree in Environmental Science / 4

Safeguards Specialist Environmental Studies /Earth Sciences /Geography or equivalent.
 Section 7 Terms of Reference
116

Sl. No. Tier 2 experts Qualifications and Experience Indicative man-

month
(ESF experience) - Minimum of 10 years of experience in undertaking environmental
impact assessments (EIA) for World Bank or ADB projects (or any
other MDB), with specific experience gained in water infrastructure
projects and integrated river basin management projects.
- Demonstrable experience with the World Bank Environmental and
Social Framework (ESF)
- Experience of multi-sector stakeholder engagement, communication
and liaisoning.

4 Stakeholder - Minimum postgraduate degree in Social Science /Development Studies 8

Management /Public Policy or equivalent.
Specialist -Minimum of 10 years of experience in (multi-sector) stakeholders’
consultation.
5 Sediment Transport - Minimum postgraduate degree in Geology /Physical Geography /Earth 10
and Morphology Science /Sediment transport and Morphology /Civil Engineering
Modeler /Water Resources Engineering or equivalent.
- Minimum of 10 years of experience in hydraulic, sediment transport
and morphological analysis in rivers for flood and erosion risk
management, and at least 5 years of experience in 1D and 2D sediment
transport and morphological modelling.

6 Economist - Minimum postgraduate degree in Economics /Statistics /Finance 6

/Mathematics or equivalent.
- Minimum of 15 years of experience in areas of finance and economics,
of which 5 years in World Bank and/or ADB funded projects (or any
other MBD).
- Experience of detailed economic evaluation and financial analysis.
 Section 7 Terms of Reference
117

Sl. No. Tier 2 experts Qualifications and Experience Indicative man-

month
7 Procurement and - Minimum postgraduate degree in Civil Engineering / Water 6
Contract Engineering /Business Administration /Economics /Statistics /Finance
Management or equivalent.
Specialist - Minimum of 15 years of experience in procuring goods and services
and demonstrable experience of World Bank procurement regulations.

8 Flood Risk - Minimum postgraduate degree in Civil Engineering /Hydrology 16

Management /Hydraulics /Water Resources Engineering /Earth Sciences or
Specialist equivalent.
- Minimum of 15 years of experience, of which 7 years in flood risk
management and/or integrated river basin management; at least 1
project experience in the preparation of an Integrated Flood Risk
Management Plan or similar.
 Section 7 Terms of Reference
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Appendix A: River tree diagram of Buridehing, Beki and Jiadhal rivers with hydrometric gauging
locations
Section 7 Terms of Reference
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Section 7 Terms of Reference
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 Section 7 Terms of Reference
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Appendix B: River tree diagram of Buridehing, Beki and Jiadhal rivers with hydrometric gauging locations
Section 7 Terms of Reference
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Section 7 Terms of Reference
123
Section 8 Conditions of Contract and contract forms
125

PART II

Section 8. Conditions of Contract and contract forms

Consultant’s Services
Lump-Sum
 Section 8 Conditions of Contract and contract forms
126

TABLE OF CONTENTS

Table of Contents
I. Form of Contract .................................................................................................. 129
II. General Conditions of Contract ........................................................................... 133
A. General Provisions .......................................................................................... 133
B. Commencement, Completion, Modification and Termination of Contract ........ 136
C. Obligations of the Consultant .......................................................................... 141
D. Consultant’s Experts and Sub-Consultants ....................................................... 145
E. Obligations of the Client .................................................................................. 146
F. Payments to the Consultant .............................................................................. 148
G. Fairness and Good Faith .................................................................................. 149
H. Settlement of Disputes ..................................................................................... 149
III. Special Conditions of Contract ......................................................................... 153
IV. Appendices ............................................................................................................ 161
Appendix A – Terms of Reference ......................................................................................... 161
Appendix B - Key Experts ..................................................................................................... 161
Appendix C – Breakdown of Contract Price ........................................................................... 161
Appendix D - Form of Advance Payments Guarantee............................................................. 164
Appendix E - Code of Conduct (ES) ...................................................................................... 166
Appendix F - Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH)
Performance Declaration for Sub-consultants ......................................................................... 167
Section 8 Conditions of Contract and contract forms
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CONTRACT FOR CONSULTANT’S SERVICES

Lump-Sum

Project Name ___________________________

[Loan/Credit/Grant] No.____________________

Contract No. ____________________________

Assignment Title:_____________________________

between

[Name of the Client]

and

[Name of the Consultant]

Dated:
 Section 8 Conditions of Contract and contract forms
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I. Form of Contract
LUMP-SUM
(Text in brackets [ ] is optional; all notes should be deleted in the final text)

This CONTRACT (hereinafter called the “Contract”) is made the [number] day of the month
of [month], [year], between, on the one hand, [name of Client or Recipient] (hereinafter called
the “Client”) and, on the other hand, [name of Consultant] (hereinafter called the
“Consultant”).

[If the Consultant consist of more than one entity, the above should be partially amended to
read as follows: “…(hereinafter called the “Client”) and, on the other hand, a Joint Venture
(name of the JV) consisting of the following entities, each member of which will be jointly and
severally liable to the Client for all the Consultant’s obligations under this Contract, namely,
[name of member] and [name of member] (hereinafter called the “Consultant”).]

WHEREAS

(a) the Client has requested the Consultant to provide certain consulting services as
defined in this Contract (hereinafter called the “Services”);

(b) the Consultant, having represented to the Client that it has the required professional
skills, expertise and technical resources, has agreed to provide the Services on the
terms and conditions set forth in this Contract;

(c) the Client has received [or has applied for] a loan [or credit or grant] from the [insert
as relevant, International Bank for Reconstruction and Development (IBRD) or
International Development Association (IDA)]: toward the cost of the Services and
intends to apply a portion of the proceeds of this [loan/credit/grant] to eligible
payments under this Contract, it being understood that (i) payments by the Bank will
be made only at the request of the Client and upon approval by the Bank; (ii) such
payments will be subject, in all respects, to the terms and conditions of the
[loan/financing/grant] agreement, including prohibitions of withdrawal from the
[loan/credit/grant] account for the purpose of any payment to persons or entities, or
for any import of goods, if such payment or import, to the knowledge of the Bank, is
prohibited by the decision of the United Nations Security council taken under Chapter
VII of the Charter of the United Nations; and (iii) no party other than the Client shall
derive any rights from the [loan/financing/grant] agreement or have any claim to the
[loan/credit/grant] proceeds;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:

(a) The General Conditions of Contract (including Attachment 1 “Fraud and

Corruption”);
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130

(b) The Special Conditions of Contract;

(c) Appendices:

Appendix A: Terms of Reference

Appendix B: Key Experts
Appendix C: Breakdown of Contract Price
Appendix D: Form of Advance Payments Guarantee
Appendix E Code of Conduct (ES) [Note to Client: to be included for
supervision of infrastructure contracts (such as Plant or Works) and for other
consulting service where the social risks are substantial or high]
Appendix F: Sexual exploitation and Abuse (SEA) and/or Sexual Harassment
(SH) Performance Declaration

In the event of any inconsistency between the documents, the following order of
precedence shall prevail: the Special Conditions of Contract; the General Conditions of
Contract, including Attachment 1; Appendix A; Appendix B; Appendix C; Appendix
D; and Appendix E [Note to Client: to be included for supervision of infrastructure
(such as Plant or Works) contracts and for other consulting service where the social
risks are substantial or high]; and Appendix F. Any reference to this Contract shall
include, where the context permits, a reference to its Appendices.

2. The mutual rights and obligations of the Client and the Consultant shall be as set forth
in the Contract, in particular:

(a) the Consultant shall carry out the Services in accordance with the provisions of
the Contract; and
(b) the Client shall make payments to the Consultant in accordance with the
provisions of the Contract.

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

For and on behalf of [Name of Client]

[Authorized Representative of the Client – name, title and signature]

For and on behalf of [Name of Consultant or Name of a Joint Venture]

[Authorized Representative of the Consultant – name and signature]

[For a joint venture, either all members shall sign or only the lead member, in which case the
power of attorney to sign on behalf of all members shall be attached.

For and on behalf of each of the members of the Consultant [insert the Name of the Joint
Venture]

[Name of the lead member]

 Section 8 Conditions of Contract and contract forms
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[Authorized Representative on behalf of a Joint Venture]

[add signature blocks for each member if all are signing]

 Section 8 Conditions of Contract and contract forms
133

II. General Conditions of Contract

A. General Provisions
1. Definitions 1.1. Unless the context otherwise requires, the following terms
whenever used in this Contract have the following
meanings:
(a) “Applicable Law” means the laws and any other
instruments having the force of law in the Client’s
country, or in such other country as may be specified
in the Special Conditions of Contract (SCC), as
they may be issued and in force from time to time.
(b) “Bank” means the International Bank for
Reconstruction and Development (IBRD) or the
International Development Association (IDA).
(c) “Borrower” means the Government, Government
agency or other entity that signs the financing
agreement with the Bank.
(d) “Client” means the implementing agency that signs
the Contract for the Services with the Selected
Consultant.
(e) Client’s Personnel” refers to the staff, labor and
other employees (if any) of the Client engaged in
fulfilling the Client’s obligations under the Contract;
and any other personnel identified as Client’s
Personnel, by a notice from the Client to the
Consultant.
(f) “Consultant” means a legally-established
professional consulting firm or entity selected by the
Client to provide the Services under the signed
Contract.
(g) “Contract” means the legally binding written
agreement signed between the Client and the
Consultant and which includes all the attached
documents listed in its paragraph 1 of the Form of
Contract (the General Conditions (GCC), the Special
Conditions (SCC), and the Appendices).
(h) “Contractor” means the person named as contractor
in the contract to be supervised by the Consultant (if
applicable).
(i) “Contractor’s Personnel” means personnel whom
the Contractor utilizes in the execution of its contract,
including the staff, labor and other employees of the
Contractor and each subcontractor; and any other
personnel assisting the Contractor in the execution of
the contract to be supervised by the Consultant (if
applicable).
Section 8 Conditions of Contract and contract forms
134

(j) “Day” means a working day unless indicated

otherwise.
(k) “ES” means environmental and social (including
Sexual Exploitation and Abuse (SEA) and Sexual
Harassment (SH).
(l) “Effective Date” means the date on which this
Contract comes into force and effect pursuant to
Clause GCC 11.
(m) “Experts” means, collectively, Key Experts, Non-
Key Experts, or any other personnel of the
Consultant, Sub-consultant or JV member(s)
assigned by the Consultant to perform the Services or
any part thereof under the Contract.
(n) “Foreign Currency” means any currency other than
the currency of the Client’s country.
(o) “GCC” means these General Conditions of Contract.
(p) “Government” means the government of the
Client’s country.
(q) “Joint Venture (JV)” means an association with or
without a legal personality distinct from that of its
members, of more than one entity where one member
has the authority to conduct all businesses for and on
behalf of any and all the members of the JV, and
where the members of the JV are jointly and severally
liable to the Client for the performance of the
Contract.
(r) “Key Expert(s)” means an individual professional
whose skills, qualifications, knowledge and
experience are critical to the performance of the
Services under the Contract and whose Curricula
Vitae (CV) was taken into account in the technical
evaluation of the Consultant’s proposal.
(s) “Local Currency” means the currency of the
Client’s country.
(t) “Non-Key Expert(s)” means an individual
professional provided by the Consultant or its Sub-
consultant to perform the Services or any part thereof
under the Contract.
(u) “Party” means the Client or the Consultant, as the
case may be, and “Parties” means both of them.
(v) “SCC” means the Special Conditions of Contract by
which the GCC may be amended or supplemented but
not over-written.
(w) “Services” means the work to be performed by the
Consultant pursuant to this Contract, as described in
Appendix A hereto.
(x) “Sexual Exploitation and Abuse” “(SEA)” means
the following:
Sexual Exploitation is defined as any actual or
attempted abuse of position of vulnerability,
 Section 8 Conditions of Contract and contract forms
135

differential power or trust, for sexual purposes,

including, but not limited to, profiting monetarily,
socially or politically from the sexual exploitation of
another.
Sexual Abuse is defined as the actual or threatened
physical intrusion of a sexual nature, whether by
force or under unequal or coercive conditions.
(y) “Sexual Harassment” “(SH)” is defined as
unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a
sexual nature by the Experts with other Experts,
Contractor’s (if applicable) or Client’s Personnel.
(z) “Site” (if applicable) means the land and other places
where Works are to be executed or facilities to be
installed, and such other land or places as may be
specified in the Contractor’s Contract as forming part
of the Site.
(aa) “Sub-consultants” means an entity to whom/which
the Consultant subcontracts any part of the Services
while remaining solely liable for the execution of the
Contract.
(bb) “Third Party” means any person or entity other than
the Government, the Client, the Consultant or a Sub-
consultant.
2. Relationship between 2.1. Nothing contained herein shall be construed as
the Parties establishing a relationship of master and servant or of
principal and agent as between the Client and the
Consultant. The Consultant, subject to this Contract, has
complete charge of the Experts and Sub-consultants, if
any, performing the Services and shall be fully responsible
for the Services performed by them or on their behalf
hereunder.

3. Law Governing 3.1. This Contract, its meaning and interpretation, and the
Contract relation between the Parties shall be governed by the
Applicable Law.

4. Language 4.1. This Contract has been executed in the language specified
in the SCC, which shall be the binding and controlling
language for all matters relating to the meaning or
interpretation of this Contract.

5. Headings 5.1. The headings shall not limit, alter or affect the meaning of
this Contract.

6. Communications 6.1. Any communication required or permitted to be given or

made pursuant to this Contract shall be in writing in the
language specified in Clause GCC 4. Any such notice,
request or consent shall be deemed to have been given or
made when delivered in person to an authorized
 Section 8 Conditions of Contract and contract forms
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representative of the Party to whom the communication is

addressed, or when sent to such Party at the address
specified in the SCC.
6.2. A Party may change its address for notice hereunder by
giving the other Party any communication of such change
to the address specified in the SCC.

7. Location 7.1. The Services shall be performed at such locations as are

specified in Appendix A hereto and, where the location of
a particular task is not so specified, at such locations,
whether in the Government’s country or elsewhere, as the
Client may approve.

8. Authority of Member 8.1. In case the Consultant is a Joint Venture, the members
in Charge hereby authorize the member specified in the SCC to act
on their behalf in exercising all the Consultant’s rights and
obligations towards the Client under this Contract,
including without limitation the receiving of instructions
and payments from the Client.

9. Authorized 9.1. Any action required or permitted to be taken, and any

Representatives document required or permitted to be executed under this
Contract by the Client or the Consultant may be taken or
executed by the officials specified in the SCC.

10. Fraud and 10.1. The Bank requires compliance with the Bank’s Anti-
Corruption Corruption Guidelines and its prevailing sanctions policies
and procedures as set forth in the Bank’s Sanctions
Framework, as set forth in Attachment 1 to the GCC.

a. Commissions 10.2. The Client requires the Consultant to disclose any

and Fees commissions, gratuities or fees that may have been paid or
are to be paid to agents or any other party with respect to
the selection process or execution of the Contract. The
information disclosed must include at least the name and
address of the agent or other party, the amount and
currency, and the purpose of the commission, gratuity or
fee. Failure to disclose such commissions, gratuities or
fees may result in termination of the Contract and/or
sanctions by the Bank.

B. Commencement, Completion, Modification and Termination of

Contract
11. Effectiveness of 11.1. This Contract shall come into force and effect on the date
Contract (the “Effective Date”) of the Client’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.
 Section 8 Conditions of Contract and contract forms
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12. Termination of 12.1. If this Contract has not become effective within such time
Contract for period after the date of Contract signature as specified in the
Failure to Become SCC, either Party may, by not less than twenty two (22) days
Effective written notice to the other Party, declare this 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.

13. Commencement 13.1. The Consultant shall confirm availability of Key Experts
of Services and begin carrying out the Services not later than the number
of days after the Effective Date specified in the SCC.

14. Expiration of 14.1. Unless terminated earlier pursuant to Clause GCC 19

Contract hereof, this Contract shall expire at the end of such time
period after the Effective Date as specified in the SCC.

15. Entire Agreement 15.1. 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.

16. Modifications or 16.1. Any modification or variation of the terms and conditions
Variations of this Contract, including any modification or variation of the
scope of the Services, may only be made by written agreement
between the Parties. However, each Party shall give due
consideration to any proposals for modification or variation
made by the other Party.
16.2. In cases of substantial modifications or variations, the prior
written consent of the Bank is required.

17. Force Majeure

a. Definition 17.1. For the purposes of this Contract, “Force Majeure” means
an event which is beyond the reasonable control of a Party, is
not foreseeable, is unavoidable, and makes a Party’s
performance of its obligations hereunder impossible or so
impractical as reasonably to be considered impossible under
the circumstances, and subject to those requirements,
includes, but is not limited to, war, riots, civil disorder,
earthquake, fire, explosion, storm, flood or other adverse
weather conditions, strikes, lockouts or other industrial action
confiscation or any other action by Government agencies.
17.2. Force Majeure shall not include (i) any event which is
caused by the negligence or intentional action of a Party or
such Party’s Experts, Sub-consultants or agents or employees,
nor (ii) any event which a diligent Party could reasonably
have been expected to both take into account at the time of the
 Section 8 Conditions of Contract and contract forms
138

conclusion of this Contract, and avoid or overcome in the

carrying out of its obligations hereunder.
17.3. Force Majeure shall not include insufficiency of funds or
failure to make any payment required hereunder.

b. No Breach of 17.4. The failure of a Party to fulfil any of its obligations

Contract hereunder shall not be considered to be a breach of, or default
under, this Contract insofar as such inability arises from an
event of Force Majeure, provided that the Party 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 this Contract.

c. Measures to 17.5. A Party affected by an event of Force Majeure shall

be Taken continue to perform its obligations under the Contract as far
as is reasonably practical, and shall take all reasonable
measures to minimize the consequences of any event of Force
Majeure.
17.6. A Party affected by an event of Force Majeure shall notify
the other Party of such event as soon as possible, and in any
case not later than fourteen (14) calendar days following the
occurrence of such event, providing evidence of the nature
and cause of such event, and shall similarly give written notice
of the restoration of normal conditions as soon as possible.
17.7. 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.
17.8. 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 Client, 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 Client, in
reactivating the Services; or
(b) continue with the Services to the extent reasonably
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.
17.9. In the case of disagreement between the Parties as to the
existence or extent of Force Majeure, the matter shall be
settled according to Clauses GCC 45 & 46.
18. Suspension 18.1. The Client may, by written notice of suspension to the
Consultant, suspend part or all payments to the Consultant
hereunder if the Consultant fails to perform any of its
obligations under this Contract, including the carrying out of
 Section 8 Conditions of Contract and contract forms
139

the Services, provided that such notice of suspension (i) shall

specify the nature of the failure, and (ii) shall request the
Consultant to remedy such failure within a period not
exceeding thirty (30) calendar days after receipt by the
Consultant of such notice of suspension.

19. Termination 19.1. This Contract may be terminated by either Party as per
provisions set up below:

a. By the Client 19.1.1. The Client may terminate this Contract in case of the
occurrence of any of the events specified in paragraphs
(a) through (f) of this Clause. In such an occurrence the
Client shall give at least thirty (30) calendar days’ written
notice of termination to the Consultant in case of the
events referred to in (a) through (d); at least sixty (60)
calendar days’ written notice in case of the event referred
to in (e); and at least five (5) calendar days’ written
notice in case of the event referred to in (f):
(a) If the Consultant fails to remedy a failure in the
performance of its obligations hereunder, as
specified in a notice of suspension pursuant to
Clause GCC 18;
(b) If the Consultant becomes (or, if the Consultant
consists of more than one entity, if any of its
members becomes) insolvent or bankrupt or enter
into any agreements with their 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;
(c) If the Consultant fails to comply with any final
decision reached as a result of arbitration
proceedings pursuant to Clause GCC 46.1;
(d) If, as the result of Force Majeure, the Consultant
is unable to perform a material portion of the
Services for a period of not less than sixty (60)
calendar days;
(e) If the Client, in its sole discretion and for any
reason whatsoever, decides to terminate this
Contract;
(f) If the Consultant fails to confirm availability of
Key Experts as required in Clause GCC 13.
19.1.2. Furthermore, if the Client determines that the Consultant
has engaged in Fraud and Corruption in competing for or
in executing the Contract, then the Client may, after
giving fourteen (14) calendar days written notice to the
Consultant, terminate the Consultant's employment
under the Contract.

b. By the 19.1.3. The Consultant may terminate this Contract, by not less
Consultant than thirty (30) calendar days’ written notice to the
Section 8 Conditions of Contract and contract forms
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Client, in case of the occurrence of any of the events

specified in paragraphs (a) through (d) of this Clause.
(a) If the Client fails to pay any money due to the
Consultant pursuant to this Contract and not
subject to dispute pursuant to Clause GCC 45.1
within forty-five (45) calendar days after
receiving written notice from the Consultant that
such payment is overdue.
(b) If, as the result of Force Majeure, the Consultant
is unable to perform a material portion of the
Services for a period of not less than sixty (60)
calendar days.
(c) If the Client fails to comply with any final
decision reached as a result of arbitration pursuant
to Clause GCC 46.1.
(d) If the Client is in material breach of its obligations
pursuant to this 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
Client of the Consultant’s notice specifying such
breach.
c. Cessation of 19.1.4. Upon termination of this Contract pursuant to Clauses
Rights and GCC 12 or GCC 19 hereof, or upon expiration of this
Obligations Contract pursuant to Clause GCC 14, all rights and
obligations of the Parties hereunder shall cease, except
(i) such rights and obligations as may have accrued on
the date of termination or expiration, (ii) the obligation
of confidentiality set forth in Clause GCC 22, (iii) the
Consultant’s obligation to permit inspection, copying
and auditing of their accounts and records set forth in
Clause GCC 25 and to cooperate and assist in any
inspection or investigation, and (iv) any right which a
Party may have under the Applicable Law.

d. Cessation of 19.1.5. Upon termination of this Contract by notice of either

Services Party to the other pursuant to Clauses GCC 19a or GCC
19b, the Consultant shall, immediately upon dispatch or
receipt of such notice, take all necessary steps to bring
the 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 Client, the
Consultant shall proceed as provided, respectively, by
Clauses GCC 27 or GCC 28.
 Section 8 Conditions of Contract and contract forms
141

e. Payment 19.1.6. Upon termination of this Contract, the Client shall make
upon the following payments to the Consultant:
Termination (a) payment for Services satisfactorily performed
prior to the effective date of termination; and
(b) in the case of termination pursuant to paragraphs
(d) and (e) of Clause GCC 19.1.1, reimbursement
of any reasonable cost incidental to the prompt
and orderly termination of this Contract, including
the cost of the return travel of the Experts.
C. Obligations of the Consultant
20. General

a. Standard of 20.1. The Consultant shall perform the Services and carry out
Performance the Services 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 a
faithful adviser to the Client, and shall at all times support
and safeguard the Client’s legitimate interests in any
dealings with the third parties.
20.2. The Consultant shall employ and provide such qualified
and experienced Experts and Sub-consultants as are required
to carry out the Services.
20.3. The Consultant may subcontract part of the Services to an
extent and with such Key Experts and Sub-consultants as
may be approved in advance by the Client. Submission by
the Consultant for the Client’s approval, for addition of any
Sub-consultant not named in the Contract, shall also include
the Sub-consultant’s declaration in accordance with
Appendix F- Sexual exploitation and Abuse (SEA) and/or
Sexual Harassment (SH) Performance Declaration.
Notwithstanding such approval, the Consultant shall retain
full responsibility for the Services.

b. Law 20.4. The Consultant shall perform the Services in accordance

Applicable to with the Contract and the Applicable Law and shall take all
Services practicable steps to ensure that any of its Experts and Sub-
consultants, comply with the Applicable Law.
20.5. Throughout the execution of the Contract, the Consultant
shall comply with the import of goods and services
prohibitions in the Client’s country when
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142

(a) as a matter of law or official regulations, the

Borrower’s country prohibits commercial
relations with that country; or
(b) by an act of compliance with a decision of the
United Nations Security Council taken under
Chapter VII of the Charter of the United Nations,
the Borrower’s Country prohibits any import of
goods from that country or any payments to any
country, person, or entity in that country.
20.6. The Client shall notify the Consultant in writing of
relevant local customs, and the Consultant shall, after such
notification, respect such customs.

21. Conflict of Interest 21.1. The Consultant shall hold the Client’s interests
paramount, without any consideration for future work, and
strictly avoid conflict with other assignments or their own
corporate interests.

a. Consultant 21.1.1 The payment of the Consultant pursuant to GCC F

Not to Benefit (Clauses GCC 39 through 43) shall constitute the
from Consultant’s only payment in connection with this
Commissions, Contract and, subject to Clause GCC 21.1.3, the
Discounts, etc. 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 Experts and agents of
either of them, similarly shall not receive any such
additional payment.
21.1.2 Furthermore, if the Consultant, as part of the Services,
has the responsibility of advising the Client on the
procurement of goods, works or services, the
Consultant shall comply with the Bank’s Applicable
Regulations, and shall at all times exercise such
responsibility in the best interest of the Client. Any
discounts or commissions obtained by the Consultant in
the exercise of such procurement responsibility shall be
for the account of the Client.

b. Consultant 21.1.3 The Consultant agrees that, during the term of this
and Affiliates Contract and after its termination, the Consultant and
Not to Engage any entity affiliated with the Consultant, as well as any
in Certain Sub-consultants and any entity affiliated with such Sub-
Activities consultants, shall be disqualified from providing goods,
works or non-consulting services resulting from or
directly related to the Consultant’s Services for the
preparation or implementation of the project.
 Section 8 Conditions of Contract and contract forms
143

c. Prohibition of 21.1.4 The Consultant shall not engage, and shall cause its
Conflicting Experts as well as its Sub-consultants not to engage,
Activities either directly or indirectly, in any business or
professional activities that would conflict with the
activities assigned to them under this Contract.

d. Strict Duty to 21.1.5 The Consultant has an obligation and shall ensure that
Disclose its Experts and Sub-consultants shall have an obligation
Conflicting to disclose any situation of actual or potential conflict
Activities that impacts their capacity to serve the best interest of
their Client, 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.

22. Confidentiality 22.1. Except with the prior written consent of the Client, the
Consultant and the Experts shall not at any time
communicate to any person or entity any confidential
information acquired in the course of the Services, nor shall
the Consultant and the Experts make public the
recommendations formulated in the course of, or as a result
of, the Services.

23. Liability of the 23.1. Subject to additional provisions, if any, set forth in the
Consultant SCC, the Consultant’s liability under this Contract shall be
provided by the Applicable Law.

24. Insurance to be 24.1. The Consultant (i) shall take out and maintain, and shall
taken out by the cause any Sub-consultants to take out and maintain, at its (or
Consultant the Sub-consultants’, as the case may be) own cost but on
terms and conditions approved by the Client, insurance
against the risks, and for the coverage specified in the SCC,
and (ii) at the Client’s request, shall provide evidence to the
Client showing that such insurance has been taken out and
maintained and that the current premiums therefore have
been paid. The Consultant shall ensure that such insurance is
in place prior to commencing the Services as stated in Clause
GCC 13.

25. Accounting, 25.1. The Consultant shall keep, and shall make all reasonable
Inspection and efforts to cause its Sub-consultants to keep, accurate and
Auditing systematic accounts and records in respect of the Services
and in such form and detail as will clearly identify relevant
time changes and costs.
25.2. Pursuant to paragraph 2.2 e. of Attachment 1 to the
General Conditions, the Consultant shall permit and shall
cause its agents (where declared or not), subcontractors,
subconsultants, service providers, suppliers, and personnel,
to permit, the Bank and/or persons appointed by the Bank to
inspect the site and/or the accounts, records and other
 Section 8 Conditions of Contract and contract forms
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documents relating to the procurement process, selection

and/or contract execution, and to have such accounts,
records and other documents audited by auditors appointed
by the Bank. The Consultant’s and its Subcontractors’ and
subconsultants’ attention is drawn to Sub-Clause 10.1
(Fraud and Corruption) which provides, inter alia, that acts
intended to materially impede the exercise of the Bank’s
inspection and audit rights constitute a prohibited practice
subject to contract termination (as well as to a determination
of ineligibility pursuant to the Bank’s prevailing sanctions
procedures)..

26. Reporting 26.1. The Consultant shall submit to the Client the reports and
Obligations documents specified in Appendix A, in the form, in the
numbers and within the time periods set forth in the said
Appendix.

27. Proprietary Rights 27.1. Unless otherwise indicated in the SCC, all reports and
of the Client in relevant data and information such as maps, diagrams, plans,
Reports and databases, other documents and software, supporting records
Records or material compiled or prepared by the Consultant for the
Client in the course of the Services shall be confidential and
become and remain the absolute property of the Client. The
Consultant shall, not later than upon termination or
expiration of this Contract, deliver all such documents to the
Client, together with a detailed inventory thereof. The
Consultant may retain a copy of such documents, data and/or
software but shall not use the same for purposes unrelated to
this Contract without prior written approval of the Client.
27.2. If license agreements are necessary or appropriate
between the Consultant and third parties for purposes of
development of the plans, drawings, specifications, designs,
databases, other documents and software, the Consultant
shall obtain the Client’s prior written approval to such
agreements, and the Client 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.

28. Equipment, 28.1. Equipment, vehicles and materials made available to the
Vehicles and Consultant by the Client, or purchased by the Consultant
Materials wholly or partly with funds provided by the Client, shall be
the property of the Client and shall be marked accordingly.
Upon termination or expiration of this Contract, the
Consultant shall make available to the Client an inventory of
such equipment, vehicles and materials and shall dispose of
such equipment, vehicles and materials in accordance with
the Client’s instructions. While in possession of such
equipment, vehicles and materials, the Consultant, unless
 Section 8 Conditions of Contract and contract forms
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otherwise instructed by the Client in writing, shall insure

them at the expense of the Client in an amount equal to their
full replacement value.
28.2. Any equipment or materials brought by the Consultant or
its Experts into the Client’s country for the use either for the
project or personal use shall remain the property of the
Consultant or the Experts concerned, as applicable.

29. Code of Conduct 29.1. If specified in the SCC, the Consultant shall have a Code
of Conduct for Experts (ES).
The Consultant shall take all necessary measures to ensure
that each Expert is made aware of the Code of Conduct
including specific behaviors that are prohibited, and
understands the consequences of engaging in such
prohibited behaviors.
These measures include providing instructions and
documentation that can be understood by the Experts and
seeking to obtain that person’s signature acknowledging
receipt of such instructions and/or documentation, as
appropriate.
The Consultant shall also ensure that the Code of Conduct is
visibly displayed in locations where the Services are
provided, including if applicable, on the Site, as well as in
areas outside the Site accessible to the local community and
project affected people. The posted Code of Conduct shall
be provided in languages comprehensible to Experts,
Contractor’s Personnel, Client’s Personnel and the local
community if applicable.

D. Consultant’s Experts and Sub-Consultants

30. Description of Key 30.1. The title, agreed job description, minimum qualification
Experts and estimated period of engagement to carry out the Services
of each of the Consultant’s Key Experts are described in
Appendix B.

31. Replacement of 31.1. Except as the Client may otherwise agree in writing, no
Key Experts changes shall be made in the Key Experts.
31.2. Notwithstanding the above, the substitution of Key
Experts during Contract execution may be considered only
based on the Consultant’s written request and due to
circumstances outside the reasonable control of the
Consultant, including but not limited to death or medical
incapacity. In such case, the Consultant shall forthwith
provide as a replacement, a person of equivalent or better
qualifications and experience, and at the same rate of
remuneration.
 Section 8 Conditions of Contract and contract forms
146

32. Removal of 32.1. If the Client finds that any of the Experts or Sub-consultant
Experts or Sub- has committed serious misconduct or has been charged with
consultants having committed a criminal action, or if the Client
determines that a Consultant’s Expert or Sub-consultant has
engaged in Fraud and Corruption while performing the
Services, the Consultant shall, at the Client’s written request,
provide a replacement.
32.2. In the event that any of Key Experts, Non-Key Experts or
Sub-consultants is found by the Client to be incompetent or
incapable in discharging assigned duties, the Client,
specifying the grounds therefore, may request the Consultant
to provide a replacement.
32.3. Any replacement of the removed Experts or Sub-consultants
shall possess better qualifications and experience and shall be
acceptable to the Client.
32.4. The Consultant shall bear all costs arising out of or
incidental to any removal and/or replacement of such Experts.

E. Obligations of the Client

33. Assistance and 33.1. Unless otherwise specified in the SCC, the Client shall use
Exemptions its best efforts to:
(a) Assist the Consultant with obtaining work permits
and such other documents as shall be necessary to
enable the Consultant to perform the Services.
(b) Assist the Consultant with promptly obtaining, for
the Experts and, if appropriate, their eligible
dependents, all necessary entry and exit visas,
residence permits, exchange permits and any other
documents required for their stay in the Client’s
country while carrying out the Services under the
Contract.
(c) Facilitate prompt clearance through customs of any
property required for the Services and of the personal
effects of the Experts and their eligible dependents.
(d) Issue to officials, agents and representatives of the
Government all such instructions and information as
may be necessary or appropriate for the prompt and
effective implementation of the Services.
(e) Assist the Consultant and the Experts and any Sub-
consultants employed by the Consultant for the
Services with obtaining exemption 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
Client’s country according to the applicable law in
the Client’s country.
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147

(f) Assist the Consultant, any Sub-consultants and the

Experts of either of them with obtaining the privilege,
pursuant to the applicable law in the Client’s country,
of bringing into the Client’s country reasonable
amounts of foreign currency for the purposes of the
Services or for the personal use of the Experts and of
withdrawing any such amounts as may be earned
therein by the Experts in the execution of the
Services.
(g) Provide to the Consultant any such other assistance
as may be specified in the SCC.
34. Access to Project 34.1. The Client warrants that the Consultant shall have, free of
Site charge, unimpeded access to the project site in respect of
which access is required for the performance of the Services.
The Client will be responsible for any damage to the project
site or any property thereon resulting from such access and
will indemnify the Consultant and each of the experts in
respect of liability for any such damage, unless such damage
is caused by the wilful default or negligence of the Consultant
or any Sub-consultants or the Experts of either of them.

35. Change in the 35.1. If, after the date of this Contract, there is any change in the
Applicable Law applicable law in the Client’s country with respect to taxes
Related to Taxes and duties which increases or decreases the cost incurred by
and Duties the Consultant in performing the Services, then the
remuneration and reimbursable expenses otherwise payable
to the Consultant under this Contract shall be increased or
decreased accordingly by agreement between the Parties
hereto, and corresponding adjustments shall be made to the
Contract price amount specified in Clause GCC 39.1

36. Services, Facilities 36.1. The Client shall make available to the Consultant and the
and Property of Experts, for the purposes of the Services and free of any
the Client charge, the services, facilities and property described in the
Terms of Reference (Appendix A) at the times and in the
manner specified in said Appendix A.

37. Counterpart 37.1. The Client shall make available to the Consultant free of
Personnel charge such professional and support counterpart personnel,
to be nominated by the Client with the Consultant’s advice,
if specified in Appendix A.
37.2. Professional and support counterpart personnel, excluding
Client’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 the replacement of such member, and the Client shall
not unreasonably refuse to act upon such request.
 Section 8 Conditions of Contract and contract forms
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38. Payment 38.1. In consideration of the Services performed by the

Obligation Consultant under this Contract, the Client shall make such
payments to the Consultant for the deliverables specified in
Appendix A and in such manner as is provided by GCC F
below.

F. Payments to the Consultant

39. Contract Price 39.1. The Contract price is fixed and is set forth in the SCC. The
Contract price breakdown is provided in Appendix C.
39.2. Any change to the Contract price specified in Clause GCC
39.1 can be made only if the Parties have agreed to the revised
scope of Services pursuant to Clause GCC 16 and have
amended in writing the Terms of Reference in Appendix A.

40. Taxes and Duties 40.1. The Consultant, Sub-consultants and Experts are
responsible for meeting any and all tax liabilities arising out
of the Contract unless it is stated otherwise in the SCC.
40.2. As an exception to the above and as stated in the SCC, all
local identifiable indirect taxes (itemized and finalized at
Contract negotiations) are reimbursed to the Consultant or are
paid by the Client on behalf of the Consultant.

41. Currency of 41.1. Any payment under this Contract shall be made in the
Payment currency (ies) of the Contract.

42. Mode of Billing 42.1. The total payments under this Contract shall not exceed the
and Payment Contract price set forth in Clause GCC 39.1.
42.2. The payments under this Contract shall be made in lump-
sum instalments against deliverables specified in Appendix
A. The payments will be made according to the payment
schedule stated in the SCC.
Advance payment: Unless otherwise indicated in the
SCC, an advance payment shall be made against an
advance payment bank guarantee acceptable to the Client
in an amount (or amounts) and in a currency (or
currencies) specified in the SCC. Such guarantee (i) is to
remain effective until the advance payment has been
fully set off, and (ii) is to be in the form set forth in
Appendix D, or in such other form as the Client shall
have approved in writing. The advance payments will be
set off by the Client in equal portions against the lump-
sum installments specified in the SCC until said advance
payments have been fully set off.
42.2.2 The Lump-Sum Installment Payments. The Client shall
pay the Consultant within sixty (60) days after the receipt
by the Client of the deliverable(s) and the cover invoice
for the related lump-sum installment payment. The
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payment can be withheld if the Client does not approve

the submitted deliverable(s) as satisfactory in which case
the Client shall provide comments to the Consultant
within the same sixty (60) days period. The Consultant
shall thereupon promptly make any necessary
corrections, and thereafter the foregoing process shall be
repeated.
42.2.3 The Final Payment. The final payment under this Clause
shall be made only after the final report have been
submitted by the Consultant and approved as satisfactory
by the Client. The Services shall then be deemed
completed and finally accepted by the Client. The last
lump-sum installment shall be deemed approved for
payment by the Client within ninety (90) calendar days
after receipt of the final report by the Client unless the
Client, within such ninety (90) calendar day period, gives
written notice to the Consultant specifying in detail
deficiencies in the Services, the final report. The
Consultant shall thereupon promptly make any necessary
corrections, and thereafter the foregoing process shall be
repeated.
42.2.4 All payments under this Contract shall be made to the
accounts of the Consultant specified in the SCC.
42.2.5 With the exception of the final payment under 42.2.3
above, payments do not constitute acceptance of the
whole Services nor relieve the Consultant of any
obligations hereunder.

43. Interest on 43.1. If the Client had delayed payments beyond fifteen (15)
Delayed Payments days after the due date stated in Clause GCC 42.2.2, interest
shall be paid to the Consultant on any amount due by, not paid
on, such due date for each day of delay at the annual rate
stated in the SCC.

G. Fairness and Good Faith

44. Good Faith 44.1. 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.

H. Settlement of Disputes
45. Amicable 45.1. The Parties shall seek to resolve any dispute amicably by
Settlement mutual consultation.
45.2. If either Party objects to any action or inaction of the other
Party, the objecting Party may file a written Notice of Dispute
to the other Party providing in detail the basis of the dispute.
The Party receiving the Notice of Dispute will consider it and
 Section 8 Conditions of Contract and contract forms
150

respond in writing within fourteen (14) days after receipt. If

that Party fails to respond within fourteen (14) days, or the
dispute cannot be amicably settled within fourteen (14) days
following the response of that Party, Clause GCC 46.1 shall
apply.

46. Dispute 46.1. Any dispute between the Parties arising under or related to
Resolution this Contract that cannot be settled amicably may be referred
to by either Party to the adjudication/arbitration in accordance
with the provisions specified in the SCC.
 Section 8 Conditions of Contract and contract forms
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Attachment 1
Fraud and Corruption
(Text in this Attachment shall not be modified)

1. Purpose
1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement
under Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders
(applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-
consultants, service providers or suppliers; any agents (whether declared or not); and any
of their personnel, observe the highest standard of ethics during the procurement process,
selection and contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.
2.2 To this end, the Bank:
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 actions of another
party;
ii. “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;
iii. “collusive practice” is an arrangement between two or more parties designed to
achieve an improper purpose, including to influence improperly the actions of
another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperly
the actions of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of evidence material
to the investigation or making false statements to investigators in order to
materially impede a Bank investigation into allegations of a corrupt,
fraudulent, coercive, or collusive practice; and/or threatening, harassing, or
intimidating any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the Bank’s inspection and
audit rights provided for under paragraph 2.2 e. below.
b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-
contractors, service providers, suppliers and/ or their employees, has, directly or
indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices
in competing for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may take
other appropriate actions, including declaring misprocurement, if the Bank determines
 Section 8 Conditions of Contract and contract forms
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at any time that representatives of the Borrower or of a recipient of any part of the
proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices during the procurement process, selection and/or execution of the contract in
question, without the Borrower having taken timely and appropriate action
satisfactory to the Bank to address such practices when they occur, including by failing
to inform the Bank in a timely manner at the time they knew of the practices;
d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s
prevailing sanctions policies and procedures, may sanction a firm or individual, either
indefinitely or for a stated period of time, including by publicly declaring such firm or
individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed
contract, financially or in any other manner;1 (ii) to be a nominated2 sub-contractor,
consultant, manufacturer or supplier, or service provider of an otherwise eligible firm
being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan
made by the Bank or otherwise to participate further in the preparation or
implementation of any Bank-financed project;
e. Requires that a clause be included in bidding/request for proposals documents and in
contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers),
consultants, contractors, and suppliers, and their sub-contractors, sub-consultants,
service providers, suppliers, agents personnel, permit the Bank to inspect 3 all accounts,
records and other documents relating to the procurement process, selection and/or
contract execution,, and to have them audited by auditors appointed by the Bank.

1
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation,
(i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated
sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of
such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing
contract.
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the
bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that
allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities
undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits,
such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.
Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and
information, and making copies thereof as relevant; accessing and examining any other documents, data and
information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies
thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits;
and obtaining third party verification of information.
 Section 8 Conditions of Contract and contract forms
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III. Special Conditions of Contract

[Notes in brackets are for guidance purposes only and should be deleted in the final text of
the signed contract]

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

Clause Conditions of Contract

1.1(a) The Contract shall be construed in accordance with the law of India.

4.1 The language is English.

6.1 and 6.2 The addresses are [fill in at negotiations with the selected firm]:

Client: The Chief Engineer

Water Resources Department
5th Floor, Assam Water Centre, Near Basistha Police Station,
Kundil Nagar, Basistha Chariali, Guwahati–781029, Assam
E-mail: worldbank.wrd@gmail.com, hiu.wrd@gmail.com

Consultant :

Attention :
Facsimile :
E-mail (where permitted) :

8.1 [If the Consultant consists only of one entity, state “N/A”;
OR
If the Consultant is a Joint Venture consisting of more than one entity,
the name of the JV member whose address is specified in Clause SCC6.1
should be inserted here.]
The Lead Member on behalf of the JV is ___________
______________________________ [insert name of the member]

9.1 The Authorized Representatives are:

For the Client: [name, title]

For the Consultant: [name, title]

11.1 The effectiveness conditions are the following: Signing of Contract by

both the parties, after due approvals.

12.1 Termination of Contract for Failure to Become Effective:

The time period shall be One Months.

13.1 Commencement of Services:

 Section 8 Conditions of Contract and contract forms
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The number of days shall be 7 (Seven) days.

Confirmation of Key Experts’ availability to start the Assignment shall

be submitted to the Client in writing as a written statement signed by
each Key Expert.

14.1 Expiration of Contract:

The time period shall be Twenty-Four (24) Months.

21 b. The Client reserves the right to determine on a case-by-case basis

whether the Consultant should be disqualified from providing
goods, works or non-consulting services due to a conflict of a nature
described in Clause GCC 21.1.3
Yes

23.1 The following limitation of the Consultant’s Liability towards the

Client can be subject to the Contract’s negotiations:

“Limitation of the Consultant’s Liability towards the Client:

(a) Except in the case of gross negligence or willful misconduct on the
part of the Consultant or on the part of any person or a firm
acting on behalf of the Consultant in carrying out the
Services, the Consultant, with respect to damage caused by
the Consultant to the Client’s property, shall not be liable to
the Client:
(i) for any indirect or consequential loss or damage; and
(ii) for any direct loss or damage that exceeds [insert a
multiplier, e.g.: one, two, three] times the total value
of the Contract;
(b) This limitation of liability shall not
(i) affect the Consultant’s liability, if any, for damage to Third
Parties caused by the Consultant or any person or firm acting on
behalf of the Consultant in carrying out the Services;
(ii) be construed as providing the Consultant with any limitation
or exclusion from liability which is prohibited by the
“Applicable Law in India”

24.1 The insurance coverage against the risks shall be as follows:

(a) Professional liability insurance, with a minimum coverage of

total ceiling amount of the Contract.
 Section 8 Conditions of Contract and contract forms
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(b) Third Party motor vehicle liability insurance in respect of motor

vehicles operated in the Client’s country by the Consultant or its
Experts or Sub-consultants, with a minimum coverage as per the
latest Amended Motor Vehicles Act, India;

(c) Third Party liability insurance, with a minimum coverage in

accordance with the applicable law in India.

(d) employer’s liability and workers’ compensation insurance in

respect of the experts and Sub-consultants in accordance with the
relevant provisions of the applicable law in the Client’s country,
as well as, with respect to such Experts, any such life, health,
accident, travel or other insurance as may be appropriate; and

(e) insurance against loss of or damage to (i) equipment purchased in

whole or in part with funds provided under this Contract, (ii) the
Consultant’s property used in the performance of the Services, and
(iii) any documents prepared by the Consultant in the performance
of the Services.

27.1 The Consultant shall not use these data, reports, documents, software etc.
for purposes unrelated to this Contract without the prior written
approval of the Client.

27.2 The Consultant shall not use these documents and software etc. for
purposes unrelated to this Contract without the prior written approval of
the Client.

29. Code of The Consultant is “required” to have a Code of Conduct for Experts
Conduct (ES).

32. Removal of Insert the following as Sub-Paragraph 32.3 and renumber original Sub-
Experts or Sub- Paragraphs 32.3 and 32.4 as 32.4 and 32.5 respectively.
consultants
“32.3 Experts or Subconsultants who are found to be in breach of the
Consultant’s Code of Conduct (ES) (including on sexual harassment,
sexual exploitation and sexual abuse) shall be replaced by the
Consultant, or at the Client’s written request.”

39.1 The Contract price is: ____________________ [insert amount and

currency for each currency as applicable] [indicate: inclusive or
exclusive] of local indirect taxes.

Any indirect local taxes chargeable in respect of this Contract for

the Services provided by the Consultant shall “be paid” by the
Consultant.
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156

The amount of such taxes is ____________________ [insert the

amount as finalized at the Contract’s negotiations on the basis of
the estimates provided by the Consultant in Form FIN-2 of the
Consultant’s Financial Proposal.

40.1 and 40.2 The Client shall reimburse only Goods & Services Tax (GST) payable
on the contract value by both foreign and domestic consultants, as per
Applicable Law in India, subject to the Client performing such duties in
regard to the deduction of taxes as may be lawfully imposed. However,
Consultant shall have to produce to the Client, all relevant documents
establishing the proof of payment/ filing of return to the tax authority
etc. The consultant shall register itself for GST with appropriate
authority in India & shall provide the Registration Number to the Client
Besides GST the Client shall reimburse the Consultant, the Sub-
consultants and the Experts
any indirect taxes, duties, fees, levies and other impositions imposed,
under the applicable law in the Client’s country (excepting indirect tax
on the remuneration of services rendered by non-resident experts in the
Client’s country), on the Consultant, the Sub-consultants and the
Experts in respect of:

(a) any equipment, materials and supplies brought into the Client’s
country 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 by them;
(b) any equipment imported for the purpose of carrying out the
Services and paid for out of funds provided by the Client and
which is treated as property of the Client;
(c) any property brought into the Client’s country by the Consultant,
any Sub-consultants or the Experts (other than nationals or
permanent residents of the Client’s country), or the eligible
dependents of such experts for their personal use and which will
subsequently be withdrawn by them upon their respective
departure from the Client’s country, provided that:
(i) the Consultant, Sub-consultants and experts shall follow
the usual customs procedures of the Client’s country in
importing property into the Client’s country; and

(ii) if the Consultant, Sub-consultants or Experts do not

withdraw but dispose of any property in the Client’s country
upon which customs duties and taxes have been exempted,
the Consultant, Sub-consultants or Experts, as the case may
be, (a) shall bear such customs duties and taxes in conformity
with the regulations of the Client’s country, or (b) shall
reimburse them to the Client if they were paid by the Client
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at the time the property in question was brought into the

Client’s country.

42.2 The payment schedule:

Deliverable Months From Payment as % of

Contract Contract Price
Signing
Inception Report 3 5%
Package A1 6 5%
Package A2 18 15%
Package A3 24 20%
Package B1 12 10%
Package B2 18 20%
Package B3 not included not included
Package C1 6 10%
Package C2 18 15%

Note:
The advance payment stipulated in SCC 42.2.1 will be set off by the
Client in equal proportions against the lump-sum installments specified
above so as to ensure that full amount of advance payment is set off
when cumulative payment to the Consultant has reached 50% of the
Contract Price.

The DPRs and subsequent activities (ESIA & RAP and Bid Documents)
(deliverable package B3) will be prepared for selected interventions (options)
emerging from the IFRMPs, which can realistically not be specified at this
stage in the preparation of proposals. The Consultant’s input for the
preparation of the DPRs will be negotiated with the Client at an appropriate
time and included as an extension to the main contract4, against the same rates
as per the main contract (see FIN-3 in the RFP). Although the activities cannot
be scoped out in detail, the Consulant must include the general approach for
these activities in their Technical Proposal but must be left out in the Financial
Proposal.

42.2.1 [The advance payment could be in either the foreign currency, or the
local currency, or both; select the correct wording in the Clause here
below. The advance bank payment guarantee should be in the same
currency(ies)]

The following provisions shall apply to the advance payment and the
advance bank payment guarantee:

(1) An advance payment equivalent to 10% of Contract price [of

amount to be inserted at the time of contract signing] in foreign
currency] [and of [amount to be inserted at the time of contract

4
Contract implementation period is 24 months, including the preparation of DPRs.
 Section 8 Conditions of Contract and contract forms
158

signing] in local currency] shall be made within 30 days after

the Effective Date, after submission by the Consultant of the
bank guarantee for advance payment as per format provided in
Appendix E and the invoice. The advance payment will be set
offby the Client in equal installments against the statements for
the first 12 months of the Services until the advance payment has
beenfully set off.

(2) The bank guarantee for advance payment shall be in the amount(s)
and in the currency/currency(ies) of the advance payment.

(3) The bank guarantee will be released when the advance payment has
been fully set off.

42.2.4 The accounts are:

for foreign currency: [insert account].

for local currency: [insert account].

43.1 The interest rate is: Inter- Bank offered Lending Rate plus 1% for
foreign currency and 5.1% per annum for local currency.

46.1
Disputes shall be settled by arbitration in accordance with the
following provisions:
1. Selection of Arbitrators. Each dispute submitted by a Party to
arbitration shall be heard by a sole arbitrator or an arbitration panel
composed of three (3) arbitrators, in accordance with the following
provisions:

(a) In case of Dispute or difference arising between the Client

anda Domestic Consultant relating to any matter arising out
of or connected with this agreement, such disputes or
difference shall be settled in accordance with the Arbitration
and Conciliation Act, 1996 as amended till date. The arbitral
tribunal shall consist of 3 Arbitrators one each to be
appointed by the Client and the Consultant. The third
Arbitrator shall be chosen by the two Arbitrators so
appointed by the Parties and shall act as Presiding Arbitrator.
In case of failure of the two Arbitrators appointed by the
parties to reach a consensus withina period of 30 days from
the appointment of the Arbitrator, the Presiding Arbitrator
shall be appointed by the President of the Institution of
Engineers (India). For the purposes of this Sub- Clause, the
term “Domestic Consultant” means a consultant who is
registered in India and is a juridic person created under Indian
law as well as a joint venture between such a consultantand a
Foreign Consultant.
Section 8 Conditions of Contract and contract forms
159

Note: [Sub-para (b) is applicable in case of contract

awardto foreign consultants].

(b) In the case of dispute with a foreign consultant the

dispute shall be settled in accordance with provisions of
UNCITRAL Arbitration Rules. The Arbitral Tribunal shall
consist of threeArbitrators one each to be appointed by the
Client and the Consultant. The third Arbitrator shall be
chosen by the two Arbitrators so appointed by the Parties, and
shall act a presidingArbitrator. In case of failure of the two
Arbitrators appointed by the parties to reach upon a
consensus within a period of 30 days from the appointment
of the Arbitrator appointed, the Presiding Arbitrator shall be
appointed by the President of the Institution of Engineers
(India). For the purposes of this Clause, the term “Foreign
Consultant” means a consultant whois not registered in India
and is not a juridical person created under Indian Law.

(c) If one of the parties fails to appoint its Arbitrator in

pursuance of sub-clause (a) and (b) above within 30 days
after receipt of the notice of the appointment of its Arbitrator
by the other party, then the President of the Institution of
Engineers (India), both in cases of Foreign Consultant as well
as Indian Consultant, shall appoint the Arbitrator. A certified
copy of the order of the President of the Institution of
Engineers (India), making such an appointment shall be
furnished to each of the parties

2. Substitute Arbitrators. If for any reason an arbitrator is unable to

perform his/her function, a substitute shall be appointed in the
same manner as the original arbitrator.

3. Nationality and Qualifications of Arbitrators. The sole arbitrator

or the third arbitrator appointed pursuant to paragraphs 1(a)
through 1(c) above shall be an internationally recognized legal or
technical expert with extensive experience in relation to the matter
in dispute and shall not be a national of the Consultant’s home
country [If the Consultant consists of more than one entity, add:
or of the home country of any of their members or Parties] or of
the Government’s country. For the purposes of this Clause, “home
country” means any of:

(a) the country of incorporation of the Consultant [If the

Consultant consists of more than one entity, add: or of any
of their members or Parties]; or
Section 8 Conditions of Contract and contract forms
160

(b) the country in which the Consultant’s [or any of their

members’ or Parties’] principal place of business is located;
or

(c) the country of nationality of a majority of the Consultant’s

[or of any members’ or Parties’] shareholders; or

(d) the country of nationality of the Sub-consultants concerned,

where the dispute involves a subcontract.

4. Miscellaneous. In any arbitration proceeding hereunder:

(a) proceedings shall, unless otherwise agreed by the Parties, be

held in [in case of foreign consultant select a country which is
neither the Client’s country nor the Consultant’s country; and in
case of Indian consultant select the city where the contract is
signed].
(b) the English language shall be the official language for all
purposes.
(c) .the decision of the sole arbitrator or of a majority of the
arbitrators (or of the third arbitrator if there is no such majority)
shall be final and binding and shall be enforceable in any court
of competent jurisdiction, and the Parties hereby waive any
objections to or claims of immunity in respect of such
enforcement.
(d) The Arbitrator shall give final award within 120 days of starting
of the proceedings.
(e) Performance under the contract shall continue during the
arbitration proceedings and payments due to the consultant by
the Client shall not be withheld, unless they are the subject matter
of the arbitration proceedings.
 Section 8 Conditions of Contract and contract forms
161

IV. Appendices
APPENDIX A – TERMS OF REFERENCE
[This Appendix shall include the final Terms of Reference (TORs) worked out by the Client and
the Consultant during the negotiations; dates for completion of various tasks; location of
performance for different tasks; detailed reporting requirements and list of deliverables
against which the payments to the Consultant will be made; Client’s input, including
counterpart personnel assigned by the Client to work on the Consultant’s team; specific tasks
or actions that require prior approval by the Client.

Insert the text based on the Section 7 (Terms of Reference) of the ITC in the RFP and modified
based on the Forms TECH-1 through TECH-5 of the Consultant’s Proposal. Highlight the
changes to Section 7 of the RFP]

………………………………………………………………………………………………

APPENDIX B - KEY EXPERTS

[Insert a table based on Form TECH-6 of the Consultant’s Technical Proposal and finalized
at the Contract’s negotiations. Attach the CVs (updated and signed by the respective Key
Experts) demonstrating the qualifications of Key Experts.]

……………………………………………………………………………………………………

APPENDIX C – BREAKDOWN OF CONTRACT PRICE

[Insert the table with the unit rates to arrive at the breakdown of the lump-sum price. The table
shall be based on [Form FIN-3 and FIN-4] of the Consultant’s Proposal and reflect any changes
agreed at the Contract negotiations, if any. The footnote shall list such changes made to [Form
FIN-3 and FIN-4] at the negotiations or state that none has been made.]

When the Consultant has been selected under Quality-Based Selection method, also add the
following:

“The agreed remuneration rates shall be stated in the attached Model Form I. This form
shall be prepared on the basis of Appendix A to Form FIN-3 of the RFP “Consultants’
Representations regarding Costs and Charges” submitted by the Consultant to the Client
prior to the Contract’s negotiations.

Should these representations be found by the Client (either through inspections or audits
pursuant to Clause GCC 25.2 or through other means) to be materially incomplete or
inaccurate, the Client shall be entitled to introduce appropriate modifications in the
remuneration rates affected by such materially incomplete or inaccurate representations.
Any such modification shall have retroactive effect and, in case remuneration has
already been paid by the Client before any such modification, (i) the Client shall be
Section 8 Conditions of Contract and contract forms
162

entitled to offset any excess payment against the next monthly payment to the
Consultants, or (ii) if there are no further payments to be made by the Client to the
Consultants, the Consultants shall reimburse to the Client any excess payment within
thirty (30) days of receipt of a written claim of the Client. Any such claim by the Client
for reimbursement must be made within twelve (12) calendar months after receipt by
the Client of a final report and a final statement approved by the Client in accordance
with Clause GCC 42.2.3 of this Contract.”]
 Section 8 Conditions of Contract and contract forms
163

Model Form I
Breakdown of Agreed Fixed Rates in Consultant’s Contract

We hereby confirm that we have agreed to pay to the Experts listed, who will be involved in performing the Services, the basic fees and away
from the home office allowances (if applicable) indicated below:

(Expressed in [insert name of currency])*

Experts 1 2 3 4 5 6 7 8
Basic
Remuneration Away from Agreed Fixed Rate Agreed Fixed Rate
Social
Name Position rate per Overhead1 Subtotal Profit2 Home Office per Working per Working
Charges1
Working Allowance Month/Day/Hour Month/Day/Hour 1
Month/Day/Year
Home Office

Work in the Client’s

Country

1 Expressed as percentage of 1
2 Expressed as percentage of 4
* If more than one currency, add a table

Signature Date

Name and Title:

 Section 8 Conditions of Contract and contract forms
164

APPENDIX D - FORM OF ADVANCE PAYMENTS GUARANTEE

[See Clause GCC 42.2.1 and SCC 42.2.1]

{Guarantor letterhead or SWIFT identifier code}

Bank Guarantee for Advance Payment

Guarantor: ___________________ [insert commercial Bank’s Name, and Address of Issuing

Branch or Office]

Beneficiary: _________________ [insert Name and Address of Client]

Date: ____________[insert date]____

ADVANCE PAYMENT GUARANTEE No.: ___________[insert number]______

We have been informed that ____________ [name of Consultant or a name of the Joint
Venture, same as appears on the signed Contract] (hereinafter called "the Consultant") has
entered into Contract No. _____________ [reference number of the contract] dated ___[insert
date]_________ with the Beneficiary, for the provision of __________________ [brief
description of Services] (hereinafter called "the Contract").

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

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

At the request of the Consultant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ [amount in
figures] ( ) [amount in words]1 upon receipt by us of the Beneficiary’s complying
demand supported by the Beneficiary’s a written statement, whether in the demand itself or in
a separate signed document accompanying or identifying the demand, stating that the
Consultant is in breach of its obligation under the Contract because the Consultant:

(a) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Consultant has failed to repay;
(b) has used the advance payment for purposes other than toward providing the Services
under the Contract.

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

The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Consultant as indicated in certified statements or invoices
marked as “paid” by the Client which shall be presented to us. This guarantee shall expire, at

1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated either
in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency
acceptable to the Client.
 Section 8 Conditions of Contract and contract forms
165

the latest, upon our receipt of the payment certificate or paid invoice indicating that the
Consultant has made full repayment of the amount of the advance payment, or on the __ day
of _[month]__________, [year]__,2 whichever is earlier. Consequently, any demand for
payment under this guarantee must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 revision,
ICC Publication No. 758.

_____________________
[signature(s)]

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

2
Insert the expected expiration date. In the event of an extension of the time for completion of the Contract, the
Client would need to request an extension of this guarantee from the Guarantor. Such request must be in writing
and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Client
might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor
agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response
to the Client’s written request for such extension, such request to be presented to the Guarantor before the expiry
of the guarantee.”
 Section 8 Conditions of Contract and contract forms
166

APPENDIX E - CODE OF CONDUCT (ES)

[Note to Client: to be included for supervision of infrastructure contracts (such as Plant or
Works) and for other consulting service where the social risks are substantial or high]
 Section 8 Conditions of Contract and contract forms
167

APPENDIX F - SEXUAL EXPLOITATION AND ABUSE (SEA)

AND/OR SEXUAL HARASSMENT (SH) PERFORMANCE
DECLARATION FOR SUB-CONSULTANTS

[The following table shall be filled in for the Consultant, each member of a Joint Venture
and each Sub-consultant proposed by the Consultant]

Consultant’s Name: [insert full name]

Date: [insert day, month, year]
Joint Venture Member’s or Sub-consultant’s Name: [insert full name]
RFP No. and title: [insert RFP number and title]
Page [insert page number] of [insert total number] pages

SEA and/or SH Declaration

We:
 (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations
 (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
 (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.
An arbitral award on the disqualification case has been made in our favor.

[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]
Section 8 Conditions of Contract and contract forms
168

PART III

Section 9. Notification of Intention to Award and Beneficial

Ownership Forms
 Section 8 Conditions of Contract and contract forms
169

Notification of Intention to Award

[This Notification of Intention to Award shall be sent to each Consultant whose Financial
Proposal was opened. Send this Notification to the authorized representative of the
Consultant].

For the attention of Consultant’s authorized representative

Name: [insert authorized representative’s name]
Address: [insert authorized representative’s address]
Telephone/Fax numbers: [insert authorized representative’s telephone/fax numbers]
Email Address: [insert authorized representative’s email address]

[IMPORTANT: insert the date that this Notification is transmitted to all Consultants. The
Notification must be sent to all Consultants simultaneously. This means on the same date
and as close to the same time as possible.]

DATE OF TRANSMISSION: This Notification is sent by: [email/fax] on [date] (local time)

Notification of Intention to Award

Client: [insert the name of the Client]
Contract title: [insert the name of the contract]
Country: [insert country where RFP is issued]
Loan No. /Credit No. /Grant No.: [insert reference number for loan/credit/grant]
RFP No: [insert RFP reference number from Procurement Plan]

This Notification of Intention to Award (Notification) notifies you of our decision to award
the above contract. The transmission of this Notification begins the Standstill Period. During
the Standstill Period you may:

a) request a debriefing in relation to the evaluation of your Proposal, and/or

b) submit a Procurement-related Complaint in relation to the decision to award the

contract.

1. The successful Consultant

Name: [insert name of successful Consultant]

Address: [insert address of the successful Consultant]

Contract price: [insert contract price of the successful Consultant]

 Section 8 Conditions of Contract and contract forms
170

2. Short listed Consultants [INSTRUCTIONS: insert names of all short listed Consultants and indicate which Consultants submitted
Proposals. Where the selection method requires it, state the price offered by each Consultant as read out, and as evaluated. Include
overall technical scores and scores assigned for each criterion and sub-criterion. Select Full Technical Proposal (FTP) or Simplified
Technical Proposal (STP) in the last column below.]

[use for STP] Financial Evaluated Combined

Name of Submitted [use for FTP] Financial score and
Overall technical Proposal price
Consultant Proposal Overall technical scores Proposal price ranking (if
scores (if applicable) (if applicable) applicable)
Criterion (i): [insert score] Criterion (i): [insert score] Combined
[insert name] [yes/no] [Proposal [evaluated
Criterion (ii): [insert score] Criterion (ii): [insert score] Score:
price] price] [combined score]
Criterion (iii): [insert score] Sub-criterion a: [insert
Sub-criterion a: score] Ranking:
1: [insert score] Sub-criterion b: [insert [ranking]
2: [insert score] score]
3: [insert score] Sub-criterion c: [insert
score]
Sub-criterion b:
1: [insert score] Total score: [insert score]
2: [insert score]
3: [insert score]
Sub-criterion c:
1: [insert score]
2: [insert score]
3: [insert score]
Criterion (iv): [insert score]
Criterion (v): [insert score]
Total score: [insert score]
Criterion (i): [insert score] Criterion (i): [insert score] Combined
[insert name] [yes/no] [Proposal [evaluated
Criterion (ii): [insert score] Criterion (ii): [insert score] Score:
price] price] [combined score]
Criterion (iii): [insert score] Sub-criterion a: [insert
Sub-criterion a: score] Ranking:
1: [insert score] [ranking]
 Section 8 Conditions of Contract and contract forms
171

[use for STP] Financial Evaluated Combined

Name of Submitted [use for FTP] Financial score and
Overall technical Proposal price
Consultant Proposal Overall technical scores Proposal price ranking (if
scores (if applicable) (if applicable) applicable)
2: [insert score] Sub-criterion b: [insert
3: [insert score] score]
Sub-criterion b: Sub-criterion c: [insert
1: [insert score] score]
2: [insert score] Total score: [insert score]
3: [insert score]
Sub-criterion c:
1: [insert score]
2: [insert score]
3: [insert score]
Criterion (iv): [insert score]
Criterion (v): [insert score]
Total score: [insert score]
Criterion (i): [insert score] Criterion (i): [insert score] Combined
[insert name] [yes/no] [Proposal [evaluated
Criterion (ii): [insert score] Criterion (ii): [insert score] Score:
price] price] [combined score]
Criterion (iii): [insert score] Sub-criterion a: [insert
Sub-criterion a: score] Ranking:
1: [insert score] Sub-criterion b: [insert [ranking]
2: [insert score] score]
3: [insert score] Sub-criterion c: [insert
score]
Sub-criterion b:
1: [insert score] Total score: [insert score]
2: [insert score]
3: [insert score]
Sub-criterion c:
1: [insert score]
2: [insert score]
3: [insert score]
 Section 8 Conditions of Contract and contract forms
172

[use for STP] Financial Evaluated Combined

Name of Submitted [use for FTP] Financial score and
Overall technical Proposal price
Consultant Proposal Overall technical scores Proposal price ranking (if
scores (if applicable) (if applicable) applicable)
Criterion (iv): [insert score]
Criterion (v): [insert score]
Total score: [insert score]

[insert name] …

… …
 Section 8 Conditions of Contract and contract forms
173

3. Reason/s why your Proposal was unsuccessful [Delete if the combined score already
reveals the reason]

[INSTRUCTIONS; State the reason/s why this Consultant’s Proposal was unsuccessful.
Do NOT include: (a) a point by point comparison with another Consultant’s Proposal or
(b) information that is marked confidential by the Consultant in its Proposal.]

4. How to request a debriefing [This applies only if your proposal was unsuccessful as
stated under point (3) above]

DEADLINE: The deadline to request a debriefing expires at midnight on [insert date]

(local time).
You may request a debriefing in relation to the results of the evaluation of your Proposal. If
you decide to request a debriefing your written request must be made within three (3)
Business Days of receipt of this Notification of Intention to Award.
Provide the contract name, reference number, name of the Consultant, contact details; and
address the request for debriefing as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Client]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used
If your request for a debriefing is received within the 3 Business Days deadline, we will
provide the debriefing within five (5) Business Days of receipt of your request. If we are
unable to provide the debriefing within this period, the Standstill Period shall be extended
by five (5) Business Days after the date that the debriefing is provided. If this happens, we
will notify you and confirm the date that the extended Standstill Period will end.
The debriefing may be in writing, by phone, video conference call or in person. We shall
promptly advise you in writing how the debriefing will take place and confirm the date and
time.
If the deadline to request a debriefing has expired, you may still request a debriefing. In this
case, we will provide the debriefing as soon as practicable, and normally no later than fifteen
(15) Business Days from the date of publication of the Contract Award Notice.

5. How to make a complaint

DEADLINE: The deadline for submitting a Procurement-related Complaint

challenging the decision to award the contract expires on midnight, [insert date] (local
time).
Provide the contract name, reference number, name of the Consultant, contact details; and
address the Procurement-related Complaint as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Client]
 Section 8 Conditions of Contract and contract forms
174

Email address: [insert email address]

Fax number: [insert fax number] delete if not used
[At this point in the procurement process] [ Upon receipt of this notification] you may
submit a Procurement-related Complaint challenging the decision to award the contract. You
do not need to have requested, or received, a debriefing before making this complaint. Your
complaint must be submitted within the Standstill Period and received by us before the
Standstill Period ends.
Further information:
For more information see the “Procurement Regulations for IPF Borrowers (Procurement
Regulations) (Annex III).” You should read these provisions before preparing and
submitting your complaint. In addition, the World Bank’s Guidance “How to make a
Procurement-related Complaint” provides a useful explanation of the process, as well as a
sample letter of complaint.
In summary, there are four essential requirements:
1. You must be an ‘interested party’. In this case, that means a Consultant who has
submitted a Proposal in this selection process, and is the recipient of a Notification
of Intention to Award.
2. The complaint can only challenge the decision to award the contract.
3. You must submit the complaint within the deadline stated above.
4. You must include, in your complaint, all of the information required by the
Procurement Regulations (as described in Annex III).

6. Standstill Period
DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local
time).
The Standstill Period lasts ten (10) Business Days after the date of transmission of this
Notification of Intention to Award.

The Standstill Period may be extended. This may happen where we are unable to provide a
debriefing within the five (5) Business Day deadline. If this happens, we will notify you of
the extension.

If you have any questions regarding this Notification, please do not hesitate to contact us.

On behalf of [insert the name of the Client]:

Signature: ______________________________________________

Name: ______________________________________________

Title/position: ______________________________________________

Telephone: ______________________________________________

Email: ______________________________________________
 Section 8 Conditions of Contract and contract forms
175

Beneficial Ownership Disclosure Form

INSTRUCTIONS TO CONSULTANTS: DELETE THIS BOX ONCE YOU HAVE COMPLETED

THE FORM

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful

Consultant1. In case of joint venture, the Consultant must submit a separate Form for each
member. The beneficial ownership information to be submitted in this Form shall be current as of
the date of its submission.

For the purposes of this Form, a Beneficial Owner of a Consultant is any natural person who
ultimately owns or controls the Consultant by meeting one or more of the following conditions:

 directly or indirectly holding 25% or more of the shares

 directly or indirectly holding 25% or more of the voting rights
 directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Consultant

Request for Proposal reference No.: [insert identification no]

Name of the Assignment: [insert name of the assignment]

To: [insert complete name of Client]

In response to your notification of award dated [insert date of notification of award] to furnish
additional information on beneficial ownership: [select one option as applicable and delete the
options that are not applicable]

(i) we hereby provide the following beneficial ownership information.

Details of beneficial ownership

Identity of Directly or indirectly Directly or Directly or indirectly
Beneficial Owner holding 25% or more indirectly holding having the right to
of the shares 25 % or more of appoint a majority of
the Voting Rights the board of the
(Yes / No) directors or an
(Yes / No) equivalent governing
body of the
Consultant
(Yes / No)

[include full name

(last, middle, first),
nationality, country
of residence]
OR
(ii) We declare that there is no Beneficial Owner meeting one or more of the following
conditions:
 Section 8 Conditions of Contract and contract forms
176

 directly or indirectly holding 25% or more of the shares

 directly or indirectly holding 25% or more of the voting rights
 directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Consultant
OR
(iii) We declare that we are unable to identify any Beneficial Owner meeting one or more of
the following conditions. [If this option is selected, the Consultant shall provide explanation
on why it is unable to identify any Beneficial Owner]
 directly or indirectly holding 25% or more of the shares
 directly or indirectly holding 25% or more of the voting rights
 directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Consultant]”

Name of the Consultant: *[insert complete name of the Consultant]_________

Name of the person duly authorized to sign the Proposal on behalf of the Consultant:
**[insert complete name of person duly authorized to sign the Proposal]___________

Title of the person signing the Proposal: [insert complete title of the person signing the
Proposal]______

Signature of the person named above: [insert signature of person whose name and capacity
are shown above]_____

Date signed [insert date of signing] day of [insert month], [insert year]_____

*
In the case of the Proposal submitted by a Joint Venture specify the name of the Joint Venture as Consultant. In
the event that the Consultant is a joint venture, each reference to “Consultant” in the Beneficial Ownership
Disclosure Form (including this Introduction thereto) shall be read to refer to the joint venture member.
**
Person signing the Proposal shall have the power of attorney given by the Consultant. The power of attorney
shall be attached with the Proposal Schedules.