Request For Proposal (RFP) Document: Preparation of Hydrological Manual For Infrastructure

RFP Documents for Study on Preparation of Hydrological Manual for Infrastructure (Job No.
02/WECS/2072-73)
REQUEST FOR PROPOSAL (RFP) DOCUMENT
Procurement of Consulting Services:

Preparation of Hydrological Manual for Infrastructure
Lump-sum Assignments
Quality- and Cost-Based Selection (QCBS),
[For Assignments of value between
0.30 Million to 30.00 Million]
Issued by:
Government of Nepal
Water and Energy Commission Secretariat
Singha Durbar, Kathmandu
Dec 2016
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RFP Documents for Study on Preparation of Hydrological Manual for Infrastructure (Job No.02/WECS/2072-73)
REQUEST FOR PROPOSALS (RFP)

RFP No. : Job No. 01/WECS/2073-74
Title of Consulting Services: Preparation of Hydrological Manual for

Infrastructure
Project Name: Preparation of Hydrological Manual for

Infrastructure
Office Name: Government of Nepal
Office Address: Singha Durbar, Kathmandu
Source of Funding: Government of Nepal
Budget Head: 3081014
Dec, 2016
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Table of Contents
Section 1 - Letter of Invitation 4

Section 2 - Information to Consultants 5
Section 3 - Technical Proposal - Standard Forms 19
Section 4 - Financial Proposal - Standard Forms 28
Section 5 - Terms of Reference 34
Section 6 - Standard Forms of Contract. 40
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Section 1: Letter of Invitation

Date: 2073/08/30
To,
M/S JV of Jade Consult (P.) Ltd, Thapathali, Kathmandu and Hydro-Engineering Service (P) Ltd., Jytha,
Kathmandu
Attention: Mr./Ms:
Dear Sir,
Re: Request for Proposal for the Consulting Services for Preparation of Hydrological
Manual for Infrastructure
1. Government of Nepal (GON) has allocated a fund towards the cost of Study on Preparation
of Hydrological Manual for Infrastructure and intends to apply a portion of this fund to
eligible payments under this Contract.
2. The Water and Energy Commission Secretariat now invites proposals to provide consulting
Services for Study on Preparation of Hydrological Manual for Infrastructure.
Details of the services are provided in the Terms of Reference (TOR).

3. The Request for Proposal (RFP) has been addressed to the following shortlisted
Consultants:
(i) JV of Jade Consult (P.) Ltd, Thapathali, Kathmandu and Hydro-Engineering Service (P) Ltd., Jytha,
Kathmandu
(ii) JV of Association for the Development of Environment and People in Transition – Nepal
(ADPT_NEPAL), Jwagal, Kupundol, Lalitpur and Group of Engineers for Appropriate Technology
Nepal (GREAT NEPAL), Jwagal, Kupundole, Lalitpur
(iii) GOEC Nepal P. Ltd., New Baneshor, Kathmandu
(iv) ERMC (P) Ltd., New Baneshor, Kathmandu
(v) JV of Total Management Service Pvt. Ltd., Kamalpokhari, Kathmandu and CARD Consult (P) Ltd.,
Babarmahal, Kathmandu
4. A Consultant will be selected under Quality and Cost Based Selection (QCBS) and
procedures described in this RFP.
5. The RFP includes the following documents:
Section 1 - Letter of Invitation
Section 2 - Information to Consultants
Section 3 - Technical Proposal - Standard Forms
Section 4 - Financial Proposal - Standard Forms
Section 5 - Terms of Reference
Section 6 - Standard Forms of Contract.
6. In case of a joint venture (JV), the Consultant should submit the joint venture agreement.
The Consultant must submit the power of attorney to sign and submit the proposals by
designated authorized representatives of the firms in the JV. The composition and share
structures of the JV shall be the same as proposed during the Expression of Interest (EOI).
7. Please inform us, upon receipt:
(a) that you received the letter of invitation; and
(b) whether your firm/Joint venture will submit a proposal, or,
(c) your firm/Joint venture will decline to submit a proposal.
Yours sincerely,
……………….
(Sukdev Chaudhary)
Chief, Procurement Unit
Water and Energy Commission Secretariat (WECS)
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Section 2. Information to Consultants

1. Introduction 1.1 The Client named in the Data Sheet will select a Consultant among those
listed in the Letter of Invitation, in accordance with the method of
selection specified in the Data Sheet.
1.2 The Consultants are invited to submit a Technical Proposal and a

Financial Proposal, for services as specified in the Data Sheet The
proposal will be the basis for contract negotiations and ultimately for a
signed contract with the selected Consultant.
1.3 The Consultants must familiarize themselves with the scope of work and
take them into account in preparing their proposals. To obtain firsthand
information on the assignment and on the local conditions, Consultants
are encouraged to visit the Client before submitting a proposal and are
advised to attend a pre-proposal conference if one is specified in the Data
Sheet.
1.4 The Client will provide the inputs specified in the Data Sheet, assist the
Consultant in obtaining data needed to carry out the services, and make
available relevant project reports.
1.5 Please note that (i) the costs of preparing the proposal and of negotiating
the contract, including a visit to the Client, are not reimbursable as a
direct cost of the assignment; and (ii) the Client is not bound to accept
any of the proposals submitted.
1.6 GON policy requires that Consultants provide professional, objective,

and impartial advice and at all times hold the Client’s interests
paramount, without any consideration for future work, and strictly avoid
conflicts with other assignments or their own corporate interests.
Consultants shall not be hired for any assignment that would be in
conflict with their prior or current obligations to other clients, or that may
place them in a position of not being able to carry out the assignment in
the best interest of the Client.
1.7.1 Without limitation on the generality of this rule, Consultants shall not be
hired under the circumstances set forth below:
a. A Consultant, who has been engaged by the Client to provide goods

or works for a project, and any of their affiliates, shall be
disqualified from providing consulting services for the same
project. Conversely, Consultants hired to provide consulting
services for the preparation or implementation of a project, and any
of their affiliates, shall be disqualified from subsequently providing
goods or works or services related to the initial assignment (other
than a continuation of the Consultant’s earlier consulting services)
for the same project.
b. Consultants or any of their affiliates shall not be hired for any

assignment which, by its nature, may be in conflict with another
assignment of the Consultants.
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1.7.2 Any previous or ongoing participation in relation to the assignment by
the Consultant, its professional staff or affiliates or associates under a
contract with the GON may result in rejection of the proposal.
Consultants should clarify their situation in that respect with the Client
before preparing the proposal.
1.8 It is the GON’s policy to require its implementing agencies, as well as

Consultants under GON financed contracts, to observe the highest
standard of ethics during the selection and execution of such contracts. In
pursuance of this policy, the GON:
a. defines, for the purposes of this provision, the terms set forth below
as follows:
i. “corrupt practice” means the offering, giving, receiving, or
soliciting of anything of value to influence the action of a public
official in the selection process or in contract execution; and
ii. “fraudulent practice” means a misrepresentation of facts in order

to influence a selection process or the execution of a contract to
the detriment of the Client, and includes collusive practices
among Consultants (prior to or after submission of proposals)
designed to establish prices at artificial, non-competitive levels
and to deprive the borrower of the benefits of free and open
competition.
b. will reject a proposal for award if it determines that the Consultant

recommended for award has engaged in corrupt or fraudulent
activities in competing for the contract in question;
c. will cancel the Consultant’s contract if it at any time determines

that corrupt or fraudulent practices were engaged in by
representatives of the Consultant or the Client during the selection
process or the execution of that contract;
d. will debar a Consultant for a stated period of time, to be awarded a

contract if it at any time determines that the Consultant has engaged
in corrupt or fraudulent practices in competing for, or in executing,
a contract; and
e. will have the right to require that, a provision be included requiring

Consultants to permit the Client inspect their accounts and records
relating to the performance of the contract and to have them audited
by auditors appointed by the Client.
1.9 Consultants shall not be under a debarment for corrupt and fraudulent
practices issued by GON accordance with the above sub para. 1.8 (d).
1.10 Consultants shall be aware of the provisions on fraud and corruption

stated in the Standard Contract under the clauses indicated in the Data
Sheet.
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2. Clarification and Amendment of

RFP Documents
2.1 Consultants may request a clarification of any of the RFP documents up
to the number of days indicated in the Data Sheet before the proposal
submission date. Any request for clarification must be sent in writing by
paper mail, cable, telex, facsimile, or electronic mail to the Client’s
address indicated in the Data Sheet. The Client will respond by cable,
telex, facsimile, or electronic mail to such requests and will send written
copies of the response (including an explanation of the query but without
identifying the source of inquiry) to all invited Consultants who intend to
submit proposals.
2.2 At any time before the submission of proposals, the Client may, for any
reason, whether at its own initiative or in response to a clarification
requested by an invited Consultant, amend the RFP. Any amendment
shall be issued in writing through addenda. Addenda shall be sent by
mail, cable, telex, facsimile, or electronic mail to all invited Consultants
and will be binding on them. The Client may at its discretion extend the
deadline for the submission of proposals.
3. Preparation of Proposal
3.1 Consultants are requested to submit a proposal in accordance with Sub -
Clause 1.2 written in the language(s) specified in the Data Sheet.
Technical Proposal
3.2 In preparing the Technical Proposal (TP), Consultants are expected to
examine the documents constituting this RFP in detail. Material
deficiencies in providing the information requested may result in
rejection of a proposal.
3.3 While preparing the Technical Proposal, Consultants must give particular
attention to the following:
i. If a Consultant considers that it does not have all the expertise for
the assignment, it may obtain a full range of expertise by
associating with individual Consultant(s) and/or other Consultants
or entities in a joint venture or sub-consultancy, as appropriate.
Consultants may associate with the other Consultants invited for
this assignment only with approval of the Client as indicated in the
Data Sheet. Consultants must obtain the approval of the Client to
enter into a joint venture with Consultants not invited for this
assignment.
ii. For assignments on a staff-time basis, the estimated number of

professional staff is given in the Data Sheet. The proposal shall,
however, be based on the number of professional staff-months
estimated by the Consultant.
iii. It is desirable that the majority of the key professional staff

proposed be permanent employees of the Consultant or has an
extended and stable working relationship with it.
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iv. Proposed professional staff must, at a minimum, have the
experience indicated in the Data Sheet, preferably working under
conditions similar to those prevailing in Nepal.
v. Alternative professional staff shall not be proposed, and only one

curriculum vitae (CV) may be submitted for each position.
vi. Reports to be issued by the Consultants as part of this assignment

must be in the language(s) as specified in the Data Sheet.
3.4 The Technical Proposal shall provide the following information using the
attached Standard Forms (Section 3):
i. A brief description of the Consultant’s organization and an outline

of recent experience on assignments (Section 3B): of a similar
nature. For each assignment, the outline should indicate, inter alia,
the client, location and duration of the assignment, contract amount,
and Consultant’s involvement.
ii. Any comments or suggestions on the Terms of Reference on the
data, a list of services, and facilities to be provided by the Client
(Section 3C).
iii. A description of the methodology and work plan for performing the
assignment (Section 3D).
iv. The list of the proposed staff team by specialty, the tasks that would
be assigned to each staff team member, and their timing (Section
3E).
v. CVs recently signed by the proposed professional staff and the
authorized representative submitting the proposal (Section 3F). Key
information should include number of years working for the
Consultant/entity and degree of responsibility held in various
assignments.
vi. Estimates of the total staff input (professional and support staff;
staff time) needed to carry out the assignment, supported by bar
chart diagrams showing the time proposed for each professional
staff team member (Sections 3E and 3G).
vii. A detailed description of the proposed methodology, staffing, and

monitoring of training, if the Data Sheet specifies training as a
major component of the assignment.
viii. Any additional information requested in the Data Sheet.
3.5 The Technical Proposal shall not include any financial information.
Financial Proposal
3.6 In preparing the Financial Proposal (FP), Consultants are expected to
take into account the requirements and conditions outlined in the RFP
documents. The Financial Proposal should follow Standard Forms
(Section 4). It lists all costs associated with the assignment, including (a)
remuneration for staff (in the field and at headquarters), and (b)
reimbursable expenses such as subsistence (per diem, housing),
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transportation (mobilization and demobilization), services and equipment
(vehicles, office equipment, furniture, and supplies), office rent,
insurance, printing of documents, communication (Telephone, Fax etc.)
surveys, and training, if it is a major component of the assignment. If
appropriate, these costs should be broken down by activity.
3.7 The Financial Proposal should include all duties, taxes and other levies,
and other charges imposed under the applicable law payable by the
Consultant under the Contract or for any other cause.
3.8 Consultants shall express the price of their services in Nepalese Rupees.
3.9 The Data Sheet indicates the required validity period of the proposals.
During this period, the Consultant is expected to keep available the
professional staff proposed for the assignment. The Client will make its
best effort to complete negotiations within this period. If the Client
wishes to extend the validity period of the proposals, the Consultants who
do not agree have the right not to extend the validity of their proposals.
4. Submission, Receipt, and

Opening of Proposals
4.1 The original proposal (TP and FP) shall be prepared in indelible ink. It
shall contain no interlineations or overwriting, except as necessary to
correct errors made by the Consultant itself. Any such corrections must
be initialed by the persons or person who sign(s) the proposals.
4.2 An authorized representative of the Consultants shall initial all pages of

the original Technical and Financial Proposals. The authorization shall be
in the form of a written power of attorney accompanying the Proposal.
4.3 For each proposal, the Consultants shall prepare the number of copies
indicated in the Data Sheet. Each Technical Proposal and Financial
Proposal shall be marked “ORIGINAL” or “COPY” as appropriate. If
there are any discrepancies between the original and the copies of the
proposal, the original governs.
4.4 The original and all copies of the Technical Proposal shall be placed in a
sealed envelope clearly marked “TECHNICAL PROPOSAL,” and the
original and all copies of the Financial Proposal in a sealed envelope
clearly marked “FINANCIAL PROPOSAL” and warning: “DO NOT
OPEN WITH THE TECHNICAL PROPOSAL.” Both envelopes shall
be placed into an outer envelope and sealed. This outer envelope shall
bear the submission address and other information indicated in the Data
Sheet and be clearly marked, “DO NOT OPEN, EXCEPT IN
PRESENCE OF THE EVALUATION COMMITTEE.”
4.5 The completed Technical and Financial Proposals must be delivered at

the submission address on or before the time and date stated in the Data
Sheet. Any proposal received after the closing time for submission of
proposals shall be returned unopened.
4.6 After the deadline for submission of proposals, the Technical Proposal
shall be opened immediately by the evaluation committee. The Financial
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Proposal shall remain sealed and deposited with the Client’s Procurement
Unit until all submitted Technically Proposals are evaluated.
5. Proposal Evaluation
General 5.1 From the time the bids are opened to the time the contract is awarded, if
any Consultant wishes to contact the Client on any matter related to its
proposal, it should do so in writing at the address indicated in the Data
Sheet. Any effort by the Consultant to influence the Client in the Client’s
proposal evaluation, proposal comparison or contract award decisions
may result in the rejection of the Consultant’s proposal.
5.2 Evaluators of Technical Proposals shall have no access to the Financial

Proposals until the technical evaluation is concluded.
Evaluation of Technical
Proposals (QCBS, QBS, FBS, LCBS)
5.3 The evaluation committee, appointed by the Client as a whole, and each
of its members individually, evaluates the proposals on the basis of their
responsiveness to the Terms of Reference, applying the evaluation
criteria and point system specified in the Data Sheet. The evaluation
committee shall compute the score obtained by each proposal by taking
the average of the scores given by each member to the particular
proposal. Each responsive proposal will be given a technical score (St). A
proposal shall be rejected at this stage if it does not respond to important
aspects of the Terms of Reference or if it fails to achieve the minimum
technical score indicated in the Data Sheet.
5.4 In the case of Quality-Based Selection, the highest ranked Consultant is

invited to negotiate its proposal and the contract on the basis of the
Technical Proposal and the Financial Proposal submitted in accordance
with the instructions given in para. 1.2 and the Data Sheet.
Public Opening and Evaluation of

Financial Proposals (QBS Only)
5.5. The Financial Proposals shall be opened publicly in the presence of the
Consultants’ representatives who choose to attend. The name of the
Consultant and the proposed prices shall be read aloud and recorded. The
Client shall prepare minutes of the public opening.
Public Opening and Evaluation of

Financial Proposals (QCBS, FBS, LCBS)
5.6 After the evaluation of quality is completed, the Client shall notify those
Consultants whose proposals did not meet the minimum qualifying mark
or were considered non-responsive to the RFP and Terms of Reference,
indicating that their Financial Proposals will be returned unopened after
completing the selection process. The Client shall simultaneously notify
the Consultants that have secured the minimum qualifying mark,
indicating the date and time set for opening the Financial Proposals. The
opening date shall be 7 days after the notification date. The notification
may be sent by registered letter, cable, telex, facsimile, or electronic mail.
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5.7 The Financial Proposals shall be opened publicly in the presence of the
Consultants’ representatives who choose to attend. The name of the
Consultant, the technical scores, and the proposed prices shall be read
aloud and recorded when the Financial Proposals are opened. The Client
shall prepare minutes of the public opening.
5.8 The evaluation committee will determine whether the Financial Proposals
are complete (i.e., whether they have costed all items of the
corresponding Technical Proposals; if not, the Client will cost them and
add their cost to the initial price), and correct any computational errors.
5.9 In case of Fixed Budget Selection (FBS), the Consultant’s Financial

Proposals with cost more than the specified fixed budget ceiling by the
Client in Data Sheet shall be rejected.
5.10 In case of Least Cost Based Selection (LCBS), the Consultant’s proposal
which has scored the minimum pass mark in the Technical proposal and
is of the least cost in the financial proposal shall be invited for
negotiation.
5.11 In case of QCBS and FBS with financial proposal within specified fixed
budget ceiling, the lowest Financial Proposal (Fm) will be given a
financial score (Sf) of 100 points. The financial scores (Sf) of the other
Financial Proposals will be computed as indicated in the Data Sheet.
Proposals will be ranked according to their combined technical (St) and
financial (Sf) scores using the weights (T = the weight given to the
Technical Proposal; P = the weight given to the Financial Proposal; T + P
= 1) indicated in the Data Sheet: S = St x T% + Sf x P%. The Consultant
achieving the highest combined technical and financial score will be
invited for negotiations.
6. Negotiations
6.1 Negotiations will be held at the address indicated in the Data Sheet. The
aim is to reach agreement on all points and sign a contract.
6.2 Negotiations will include a discussion of the Technical Proposal, the

proposed methodology (work plan), staffing and any suggestions made
by the Consultant to improve the Terms of Reference. The Client and
Consultant will then work out final Terms of Reference, staffing, and bar
charts indicating activities, staff, periods in the field and in the home
office, staff-months, logistics, and reporting. The agreed work plan and
final Terms of Reference will then be incorporated in the “Description of
Services” and form part of the contract. Special attention will be paid to
getting the most the Consultant can offer within the available budget and
to clearly defining the inputs required from the Client to ensure
satisfactory implementation of the assignment.
6.3 Unless there are exceptional reasons, the financial negotiations will
involve neither the remuneration rates for staff (no breakdown of fees)
nor other proposed unit rates in the cases of QCBS methods. For QBS,
the Consultant should provide the information on remuneration rates
described in the Appendix to this information.
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6.4 Having selected the Consultant on the basis of, among other things, an
evaluation of proposed key professional staff, the Client expects to
negotiate a contract on the basis of the experts named in the proposal.
Before contract negotiations, the Client will require assurances that the
experts will be actually available. The Client will not consider
substitutions during contract negotiations unless both parties agree that
undue delay in the selection process makes such substitution unavoidable
or that such changes are critical to meet the objectives of the assignment.
If substitution is considered then the proposed alternative candidate shall
be evaluated as per the original criteria. The qualification and experience
of the substitute candidate shall equal to or higher than the originally
proposed candidate. If this is not the case and if it is established that key
staff were offered in the proposal without confirming their availability,
the Consultant may be disqualified.
6.5 The negotiations will conclude with a review of the draft form of the
contract. . If negotiations fail, the Client will invite the Consultant whose
proposal received the second highest score to negotiate a Contract.
7. Award of Contract
7.1 Pursuant to Sub-Clause 6.5, the Consultant, with whom agreement is
reached following negotiation, shall be selected for approval of his
proposal and the Client shall notify its intention to accept the proposal to
the selected Consultant and other short-listed Consultants within 7 days
of selection of the winning proposal.
7.2 Any Consultant, who has submitted a proposal and is not satisfied with
the procurement process or Client’s decision provided as per Sub -Clause
7.1 and believes that the Client has committed an error or breach of duty
which has or will result in loss to him then the Consultant may give an
application for review of the decision to the Client with reference to the
error or breach of duty committed by the Client. The review application
should be given within 7 days of receipt of information regarding the
issue of letter by the Client notifying its intention to accept the winning
proposal pursuant to Sub Clause 7.1.
7.3 If the review application is not received by the Client pursuant to Sub-
Clause 7.2 then the proposal of the Consultant, selected as per Sub-
Clause 7.1 shall be accepted and the successful Consultant shall be
notified to come for signing the Agreement within 15 days.
7.4 If the Consultant fails to sign an agreement pursuant to Sub-Clause 7.3

then the Client will invite the Consultant whose proposal received the
next highest score to negotiate a contract.
7.5 If a review application is received by the Client pursuant to Clause 7.1

then the Client will clarify and respond within 5 days of receiving such
application.
7.6 If the applicant is not satisfied with the decision given by the procuring
entity and/ or the decision is not given by the Procuring Entity Chief
within 5 days then the applicant can file a complaint to the Review
Committee within 7 days.
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7.7 The Client shall return the unopened Financial Proposals of those
Consultants who did not pass the technical evaluation.
7.8 The Consultant is expected to commence the assignment on the date and
at the location specified in the Data Sheet.
8. Confidentiality
8.1 Information relating to evaluation of proposals and recommendations
concerning awards shall not be disclosed to the Consultants who
submitted the proposals or to other persons not officially concerned with
the process, until the letter of intention to accept the proposal is not
issued to the selected Consultant pursuant to Sub- Clause 7.1.
9. Conduct of Consultants
9.1 The Consultant shall be responsible to fulfill his obligations as per the
requirement of the Contract Agreement, RFP documents and GON’s
Public Procurement Act and Regulations.
9.2 The Consultant shall not carry out or cause to carry out the following acts
with an intention to influence the implementation of the procurement
process or the procurement agreement:
a. give or propose improper inducement directly or indirectly,
b. distortion or misrepresentation of facts
c. engaging or being involved in corrupt or fraudulent practice
d. interference in participation of other prospective bidders.
e. coercion or threatening directly or indirectly to impair or harm, any
party or the property of the party involved in the procurement
proceedings,
f. collusive practice among Consultants before or after submission of
proposals for distribution of works among Consultants or fixing
artificial/uncompetitive proposal price with an intention to deprive
the Client the benefit of open competitive proposal price.
g. contacting the Client with an intention to influence the Client with
regards to the proposals or interference of any kind in examination
and evaluation of the proposals during the period after opening of
proposals up to the notification of award of contract
10. Blacklisting Consultant

10.1 Without prejudice to any other rights of the Employer under this
Contract, the Public Procurement Monitoring Office may blacklist a
Consultant for his conduct up to three years on the following grounds and
seriousness of the act committed by the Consultant:
a) if it is proved that the bidder committed acts pursuant to the

Information to Consultants clause 9.2,
b) if the bidder fails to sign an agreement pursuant to Information to
Consultants clause 7.3,
c) if it is proved later that the bidder/contractor has committed
substantial defect in implementation of the contract or has not
substantially fulfilled his obligations under the contract or the
completed work is not of the specified quality as per the contract
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d)if convicted by a court of law in a criminal offence which
disqualifies the Consultant from participating in the contract.
e) if it is proved that the contract agreement signed by the Consultant
was based on false or misrepresentation of Consultant’s qualification
information,
f) other acts mentioned in the Data Sheet or SCC
10.2 A Consultant declared blacklisted and ineligible by the Public
procurement Office and or concerned Donor Agency in case of donor
funded project shall be ineligible to bid for a contract during the period of
time determined by the GON and or the concerned donor agency.
Information to Consultants
DATA SHEET
Clause Reference
1.1 The name of the Client is: Water and Energy Commission Secretariat,
The method of selection is: Quality and Cost Based Selection (QCBS)
1.2 The name, objective and description of assignment are:
Name: Preparation of Hydrological Manual for Infrastructure
Objective: As Mentioned in the TOR
Description: As Mentioned in the TOR
1.3 A pre-proposal conference will be held: Yes ___ () No ___ ( )
Date: ………… day from the first date of publication of notice for issuance of RFP
Document
Time: ………….
Venue:
The name(s), address(es), and telephone numbers of the Client’s official(s) are:
Name:
Address:
Telephone No. :
1.4 The Client will provide the following inputs:
Act, Rules, Regulations, Manuals and Guidelines related to study and other study
related information, if available any, at the cost of Consultant.
1.1 The clauses on fraud and corruption in the Contract are: As per applicable law
0
2.1 Clarifications may be requested within 7 days before the submission date
The address for requesting clarifications is: Water and Energy Commission Secretariat,
Singha Durbar, Kathmandu, Nepal
Facsimile: 01-4211425
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Email: [email protected]
3.1 Proposals should be submitted in the following language(s): English
3.3 (i) Short listed Consultants/entity may associate with other short listed Consultant (ii) The
estimated number of professional required for the assignment is: Nine (9)
(iii) Available Budget for Fixed Budget Assignment : Not Applicable
(iv) The minimum required experience of proposed professional staff is:

as mentioned in the Clause Reference 5.3 of this data sheet.
(v) Reports that are part of the assignment must be written in the following language(s): All
the reports shall be in English
3.4 (i) Training is a specific component of this assignment: No
(ii) Additional information in the Technical Proposal includes: As provided in the TOR
3.9 Proposals must remain valid 90 days after the last submission date,
4.3 Consultants must submit an original and two additional copies of Technical Proposal and
one copy of Financial Proposal
4.4 The proposal submission address:
Procurement Unit
Water and Energy Commission Secretariat,
Information on the outer envelope shall also include :
"Preparation of Hydrological Manual for Infrastructure”
4.5 Proposals must be submitted no later than 31 days from date of issuance of RFP before
12.00 noon (Nepal Standard Time – NST)
The submitted proposals will be opened at 2.00 pm (NST) on last date of submission of the
proposal in the meeting hall of WECS.
5.1 The address to send information to the Client is:

Water and Energy Commission Secretariat, Singha Durbar, Kathmandu
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Evaluation Criteria for evaluating the Request for Proposals of “Preparation of
Hydrological Manual for Infrastructure”
Marks allocated for evaluation of RFP documents:

S.N Descriptions Marks
1 Specific work experience of the firm in the last five years 10
2 Adequacy of the proposed work plan and methodology in responding to the terms of 40
Reference
3 Competence of the key staff for assignment (specific experience of the key 50
professionals in relevant field)
Detailed Evaluation Criteria for evaluation of RFP document are as follows:
5.3 S.N Description Weightage Marks

1 Specific experience of the firm relevant to the assignment in the last
five Years 10
Experience in study & research related works on preparation of Manual
and Design Guidelines of Infrastructure Development
works.(Hydropower/Irrigation/Water Supply/River Training)(Based on
A number of projects completed in the last five years) 3
i) At least 1 task or project 70%
ii) 2 tasks or projects 90%
iii) More than 2 tasks or projects 100 %
Experience in Infrastructure Development Project Design: Detailed
Design and Feasibility Study work on Hydropower/ Irrigation/Water
Supply/River Training projects(Based on number of projects completed in
B last five years) 3
Experience in Study & Research work in Hydrology/Meteorology/
Climate Change/Flood (Based on number of projects completed in last
five years) 2
C
General Work Experience of the firm in the area of water resource
development projects (Based on number of projects completed in last five
years) 2
D
Note:
 In case of a joint venture, cumulative experience shall be considered.
 The experience of the firm shall be supported with notarized copies of
experience/completion certificate showing the project size, value of service and
date of completion of the assignment.
 Experience in ongoing/incomplete projects will not be taken for evaluation.
 The proof of experience should be submitted separately for each work.
2 Adequacy & quality of the proposed methodology, and work plan
in responding to the Terms of Reference 40 marks
A Understanding of objective of the study & scope of work 5
B Comments on and response to Terms of Reference, data, service & facilities 5
C Clear and well thought out methodology 10
D Realistic and detailed implementable work plan 10
E Manpower schedule, balance in team composition and task assignment 10
Page 16 of 71
3 Competence of the key staff for the Assignment (specific experience of the key professional in relevant field):
50 marks
A Team leader (Water Resource expert) 12
B Senior Hydrologist 9
C Hydrologist 5
D Hydropower engineer 4
E Irrigation & drainage engineer 4
F Sediment management expert 3
G Water supply & sanitation engineer 4
H Bridge design expert 4
I Flood control expert 5
For 3A; the Team leader 12 marks is divided into three categories as given below:
a) Experience in study & research related works on preparation of manuals/ design Guidelines of Infrastructure
projects.(Hydropower /Irrigation/Water Supply/River Training)
4
b) Experience in Infrastructure related design work in feasibility study of Hydropower/ Irrigation/ Water
Supply/River Training projects 4
c) Experience in study & research work in Hydrology/Meteorology/Climate Change/Flood projects 4
For 3B; the Senior Hydrologist 9 marks is divided into three categories as given below: 9
i)Experience in at least two projects in the professional’s respective field of expertise 70%
ii) Experience in Study & research work in Hydrology/Meteorology/ Climate Change/Flood at least two 90%
projects in addition to the experience in 3B (i) of this table
iii) Experience in Study work in Preparation of Manual/Guideline of Infrastructure at least two projects in 100 %
addition to the experience in 3B (i) of this table
For 3C the Hydrologist 5 marks is divided into three categories as given below: 5
ii) Experience in study & research work in Hydrology/Meteorology/Climate Change/Flood at least two 90%
projects in addition to the experience in 3C (i) of this table
iii) Experience in Study work of preparation of Manual/Guideline of Infrastructure at least two projects in 100 %
addition to the experience in 3C (i) of this table
For 3D; the Hydropower Engineer 4 marks is divided into three categories as given below: 4
ii) Experience in at least two hydropower projects design: detailed design work with installed capacities of at 90%
least 10 MW projects in addition to the experience in 3D (i) of this table
iii) Experience in Study work of preparation of Manual/Guideline of Infrastructure at least two projects in 100 %
addition to the experience in 3D (i) of this table
For 3E; the Irrigation & Drainage Engineer 4 marks is divided into three categories as given
below: 4
ii) Experience in at least two Irrigation/Drainage projects design: detailed design work in addition to the 90%
experience in 3E (i) of this table
iii) Experience in study work of preparation of Manual/Guideline of Infrastructure at least two projects in 100 %
addition to the experience in 3E (i) of this table
For 3F: the Sediment Management Expert 3 marks is divided into three categories as given
below: 3
i) Experience in at least two projects in the professional’s respective field of expertise 70%
ii) Experience in at least two sediment-related Design Works in addition to the experience in 3F (i) of this table 90%
iii) Experience in at least two Sediment related Modeling & research projects in addition to the experience in 100 %
3F (i) of this table
Page 17 of 71
For 3G; the Water supply & sanitation engineer 4 marks is divided into three
categories as given below: 4
ii) Experience in at least two Water supply /Sanitation projects design Work in addition to 90%
the experience in 3G (i) of this table
iii) ) Experience in Study work of preparation of Manual/Guideline of Infrastructure at 100 %
least two projects in addition to the experience in 3G (i) of this table
For 3H; the Bridge Design Expert 4 marks is divided into three categories as given 4
below:
ii) Experience in at least 2 Bridge/Culvert/Spur Design projects: detailed design works in 90%
addition to the experience in 3H (i) of this table
iii) Experience in study work of preparation of Manual/ Guideline of Infrastructure at 100 %
least two projects in addition to the experience in 3H (i) of this table
For 3I; the Flood control Expert 5 marks is divided into three categories as given 5
below:
ii) Experience in at least two Flood control Structure’s Detailed Design projects in 90%
addition to the experience in 3I (i) of this table
iii) Experience in at least two Study work in Preparation of Manual/ Guideline of 100 %
Infrastructure Projects in addition to the experience in 3I (i) of this table
Note:
 Minimum years of experience and qualification for all the key professionals shall be as
specified in the TOR. If the proposed personnel falls to meet the minimum year of
experience and qualification as specified in TOR, the respective personnel will not be
considered for evaluation.
 Curriculum Vitae (CV) of the key professionals shall be submitted with signature in blue
indelible ink of respective professionals as provided in form 3F. The CV shall contain the
NEC (Nepal Engineering Council) registration number for those key professionals who
need to be registered as per NEA Act, 2055 and Regulation, 2057. A notarized copy of the
NEC registration certificate shall be attached for the person to be evaluated.
 A firm shall not propose the same professional in more than one designation in the same
job. If so proposed, the respective person will not be considered in the evaluation for any
designation.
 The key professional hired as part time staff will be evaluated with only 80% of the
corresponding evaluation marks.
 Experience in ongoing/incomplete projects will not be taken for evaluation.
Total Marks 100
Minimum technical score required in aggregate to pass = 70 Marks
5.8 The fixed Budget Ceiling for the assignment is : Not Applicable
5.10 The formula for determining the financial scores is the 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
The weights given to the Technical and Financial Proposals are:
T (Technical Proposal) = 80 % and
P (Financial Proposal) = 20 %
6.1 The address for negotiations is:
Water and Energy Commission Secretariat, Singha Durbar, Kathmandu
Page 18 of 71
7.6 The assignment is expected to commence from 2073/…………….
Additional  The information furnished by the Firm (s) in the RFP document should be
Information realistic. If any discrepancies/faults are found, legal action may be taken as per
prevailing rules and regulations.
 The Consultant must put the signature of authorized representative and stamp of
company on each printed side of every page in both the Technical and
Financial Proposals.
 In case of a joint venture, the Consultant should submit the joint venture
agreement. The Consultant must submit the power of attorney to sign and
submit the proposals by designated authorized representatives of the firms in the
JV. The composition and share structures of the JV shall be the same as
proposed during the EOI. If otherwise, the proposal will not be evaluated.
List of Key Professionals:
Office work Field work Total

SN Designation Required Manmonth Manmonth Manmonth
no (A) (B) (A+B)
Team Leader(Water 10 2 12
1 1
Resource Expert)
2 Senior Hydrologist 1 6 2 8
3 Hydrologist 1 10 2 12
4 Hydropower Engineer 1 5 1 6
Irrigation and 5 1 6
5 1
Drainage Engineer
Sediment 1 1 2
6 1
Management Expert
Water Supply and 5 1 6
7 1
Sanitation Engineer
8 Bridge Design Expert 1 5 1 6
9 Flood Control Expert 1 5 1 6
Page 19 of 71
Section 3. Technical Proposal - Standard Forms
3A. Technical Proposal submission form.
3B. Consultant’s references.
3C. Comments and suggestions of Consultants on the Terms of Reference and on data,
services, and facilities to be provided by the Client.
3D. Description of the methodology and work plan for performing the assignment.
3E. Team composition and task assignments.
3F. Format of curriculum vitae (CV) for proposed professional staff.
3G. Time schedule for professional personnel.
3H. Activity (work) schedule.
Page 20 of 71
3A TECHNICAL PROPOSAL SUBMISSION FORM
Date: 2073/ /
To:
The Secretary
Dear Sir/Madam,
We, the undersigned, offer to provide the consulting services for Preparation of Hydrological
Manual for Infrastructure in accordance with your Request for Proposal dated …/…/2073 and
our Proposal. We hereby submit our Proposal, which includes this Technical Proposal, and a
Financial Proposal sealed under a separate envelope.
If negotiations are held during the period of validity of the Proposal, i.e., before …/…/2073 we
undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and
subject to the modifications resulting from Contract negotiations.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
Address:
Page 21 of 71
3B. CONSULTANT’S REFERENCES
Relevant services carried out in the last five years that best illustrate qualifications
Using the format below, provide information on each assignment for which your Consultant/entity,
either individually as a corporate entity or as one of the major companies within an association,
was legally contracted.
Assignment Name: Country:
Location within Country: Professional Staff Provided by

Your Consultant/Entity (profiles):
Name of Client: No. of Staff:
Address: No. of Staff-Months:

Duration of Assignment:
Start Date (Month/Year): Completion Date (Month/Year): Approx. Value of Services

NRs
Name of Associated Consultants, If Any: No. of Months of Professional
Staff Provided by Associated
Consultants:
Name of Senior Staff, Designation (Project Director/Coordinator, Team Leader etc.) Involved
and Functions Performed:
Narrative Description of Project: : (Actual assignment, nature of activities performed and

location)
Description of Actual Services Provided by Your Staff:
Consultant’s Name:………………………….
Signature:………………………………
Stamp:
Page 22 of 71
3C. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF
REFERENCE AND ON DATA, SERVICES, AND FACILITIES TO BE PROVIDED BY THE
CLIENT
On the Terms of Reference:
1.
2.
3.
4.
5.
On the data, services, and facilities to be provided by the Client:

1.
2.
3.
4.
5.
Page 23 of 71
3D. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING THE
ASSIGNMENT
Page 24 of 71
3E. TEAM COMPOSITION AND TASK ASSIGNMENTS
1. Technical/Managerial Staff
Name Position Task
2. Support Staff
Name Position Task
Page 25 of 71
3F. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF
Proposed Position:
Name of Consultant:
Name of Staff:
Profession:
Date of Birth:
Years with Consultant/Entity: Nationality:
Membership in Professional Societies:
Detailed Tasks Assigned:
Key Qualifications:
[Give an outline of staff member’s experience and training most pertinent to tasks on assignment.
Describe degree of responsibility held by staff member on relevant previous assignments and give
dates and locations.
Education:
[Summarize college/university and other specialized education of staff member, giving names of
schools, dates attended, and degrees obtained.
Employment Record:
[Starting with present position, list in reverse order every employment held. List all positions held
by staff member since graduation, giving dates, names of employing organizations, titles of
positions held, with special focus on Name of the assignment/Infrastructure water related projects
feasibility study, preparation of Manual, guideline, detail design of infrastructure projects:
hydropower project, Irrigation, River training, Bridge, related study works –research works.
Please follow the detail evaluation criteria for requirement in specific experience.
Languages:
[For each language indicate proficiency: excellent, good, fair, or poor in speaking, reading, and
writing.]
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, these data correctly
describe me, my qualifications, and my experience.
………………………………………………………………………… Date: ………….

[Signature of staff member and authorized representative of the
Consultant with inedible blue ink] Day/Month/Year
Full name of staff member: ______________________________________
Full name of authorized representative: _______________
Page 26 of 71
3G. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
Months (In Form of Bar Chart)
Name Position 1 2 3 4 5 6 7 8 9 10 11 12 n Number Number

of of Months
Months in Field
Subtotal
(1)
Subtotal
(2)
Subtotal
(3)
Subtotal
(4)
Subtotal
(n)
Full-time Input: Part-time Input:
Signature:
(Authorized representative)
Full Name:
Title:
Address:
Page 27 of 71
3H. ACTIVITY (WORK) SCHEDULE

A. Field Investigation and Study Items
Activity Remarks
(Work)
1 2 3 4 5 6 7 8 9 10 11 12 n
B. Completion and Submission of Reports
S. No. Reports Date

1 Inception Report As per TOR
2 Interim Report " "
3 Draft Report " "
4 Final Report " "
Note: Each Report at different phases shall bear the signature(s) of the key professionals
stating their involvement in the job.
Page 28 of 71
Section 4. Financial Proposal - Standard Forms
4A. Financial Proposal submission form
4B. Summary of costs
4C. Breakdown of price per activity (NOT APPLICABLE)
4D. Breakdown of remuneration per activity
4E. Reimbursable per activity
4F. Miscellaneous expenses (NOT APPLICABLE)
Page 29 of 71
4A. FINANCIAL PROPOSAL SUBMISSION FORM
Date: 2073/ /
To:
The Secretary
Dear Sir/Madam,
We, the undersigned, offer to provide the consulting services for Study on Preparation of
Hydrological Manual for Infrastructure in accordance with your Request for Proposal dated /
/2073 and our Proposal (Technical and Financial Proposals). Our attached Financial Proposal is for
the sum of [NRs. Amount in words and figures]. This amount is inclusive of the local taxes except
Value Added Tax (VAT), which we have estimated at [NRs. Amount(s) in words and figures].
Our Financial Proposal shall be binding upon us subject to the modifications resulting from
Contract negotiations, up to expiration of the validity period of the Proposal, i.e., / /2073.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Name and Title of Signatory:
Name of Consultant:
Address:
Page 30 of 71
4B. SUMMARY OF COSTS
S. N. Items Amount (NRs.)

In Figures In words
1) Man Power Cost for Office Work
and Field Work
2) Office running expenses, Vehicle

and Equipment Hire charge,
Report preparation , Data purchase
& all other Miscellaneous costs
3) Workshop/Training
Total cost exclusive of Value

added Tax (VAT)
VAT @ 13 %
Total cost inclusive of VAT
Name of the Consulting Firm:
Seal of the Consulting Firm:
Page 31 of 71
4C. BREAKDOWN OF REMUNERATION PER ACTIVITY
1.0 Manpower Cost for Office Work and Field Work
Office work (A) Field Work (B)

Unit Total
S. MM/ Rate/MM cost
Job Title No Unit Cost MM/ Cost
N. perso No. including NRs.
. Rate/MM (NRs.) person (NRs.) (A)+(B)
n Field
allowance
1 Team 10 2
Leader(Water
1 1
Resource
Expert)
2 Senior 6 2
1 1
Hydrologist
3 Hydrologist 1 10 1 2
4 Hydropower 5 1
1 1
Engineer
5 Irrigation and 5 1
Drainage 1 1
Engineer
6 Sediment 1 1
Management 1 1
Expert
7 Water Supply 5 1
and Sanitation 1 1
Engineer
8 Bridge Design 5 1
1 1
Expert
9 Flood Control 5 1
1 1
Expert
10 Computer 12
1
operator
11 Supporting 12
4
Staff
Total
Page 32 of 71
4D. REIMBURSABLES PER ACTIVITY
2. Office work, Vehicle & Equipment charge and Report preparation
Unit Quantity Rate (NRs.) Total Cost (NRs.)

S. Description of Work
N. In Figures In words
1 Office running cost Month 12
including stationary,
photocopy,
communication etc.
2 Office space utilization
with electricity and
drinking water Month 12
3 Vehicle hiring including
fuel, driver and
maintenance (for field
visits) Month 2
4 Report Production
i Inception Report Copies 5
ii Interim Report Copies 5
iii Draft Report Copies 7
iv Final Report Copies 10
5 Hydro Met Data & other LS
data/map purchase cost
6 Photographs printing and
development LS
7 Computer CDs, LS
DVDs,Pendrive etc.
Total
Page 33 of 71
3. Workshop/Training
Rate
S. Description of Work Unit Quantity Total Cost (NRs.)
(NRs.)
N. In Figures In words
i Three half day workshop
to present and discuss the
inception, Interim &
Draft report, 25
participants
a) working lunch per 3x25
b) transportation per 3x25
c) stationeries per 3x25
d) Hall rent with projector per 3.0
e) Management support per 3.0
Total
Page 34 of 71
Terms of Reference (TOR)
For
“Preparation of Hydrological Manual for

Infrastructure”

Singha Durbar
Page 35 of 71
Terms of Reference for

“Preparation of Hydrological Manual for Infrastructure”
1. Background
In absence of a national design standards for computing and adopting hydrological design
parameters in various infrastructure in Nepal, it has been felt that many of the works constructed
on the rivers are either unsafe or uneconomical, Apart from this, hydrology, being a stochastic
science, is always a subject of debate with regard to methodology, risk factor, dependability, etc.
used in determining a magnitude of the design parameter. In such situation, the Water and Energy
Commission Secretariat (WECS) intends to prepare a Hydrological Manual for Infrastructure,
which will be useful to maintain consistency in hydrological data acquisition, analysis and design
across various agencies that are responsible for developing and maintaining different civil
structures on or along the rivers in Nepal, and at the same time, to strike a balance between
structural safety and economy following an internationally accepted prudent engineering practice.
Apart from the above, the Manual is also expected to prescribe guidelines for assessing water
requirements in different uses of water and for assessing availability of surface water in connection
with planning and design of water projects.
In this context, WECS is seeking services from a consulting firm or a joint venture of consulting
firms (the Consultant) to prepare the above stated Hydrological Manual for Infrastructure. The
Terms of Reference (ToR) under which the Consultant will have to render services in order to
prepare the manual is subsequently described below.
2. Objective of the Study
The objective of the study is to prepare a Hydrological Manual for Infrastructure, which will be
used by different agencies and practicing engineers & hydrologists in Nepal as standard guidelines
in - (i) planning, design and maintenance of various works that will be or have been constructed on
or along the rivers; (ii) assessing water requirements in different uses; and (iii) assessing water
resource availability in connection with the planning and design of water projects.
3. Scope of the Study
The scope of the study includes the followings:

1. Review of present state of availability of hydrological and meteorological data and their
lengths of records, quality and consistency;
2. Review of present practice of hydrological analyses in planning and design of various
structures in connection with the development of infrastructure viz. hydropower, irrigation,
drainage, flood control, water supply and sanitation and several other uses of water; such
work shall also include the analysis practices in assessing water availability and water
requirements in different sub-sectors of water sector such as hydropower, irrigation, water
supply, environmental flow, etc.
3. Review of hydrological analysis and design practices being followed in different countries
in South Asia and elsewhere, both in connection with water resource assessment and
estimation of extreme flood magnitudes;
4. Review of relevant parts of manuals being used by various sub sectoral agencies and
assessment of their applicability and need for updating; and
5. Preparation of Hydrological Manual for Infrastructure having components for water
requirements, water resource/availability assessment and estimation of design flood
magnitudes for several infrastructure development cases which shall include hydropower
structures including storage dams, bridges and other cross-drainage structures in roads,
railways, including longitudinal drainage, and cross-drainage structures, irrigation and
Page 36 of 71
drainage structures, including cross-drainage structures, river training works, water supply
and sanitary works, inland navigation structures, recreation water works, environmental
flow considerations, and other appropriate hydraulic structures.
4. Study Approach
4.1 Review work
Under the above stated Scope of Work, the Consultant shall carry out review of
availability, quality and consistency of hydrological and climatological data in Nepal. The
Consultant shall make an assessment of adequacy/density of precipitation, discharge and
other climatological and hydrological parameter measurement stations. The Consultant
shall also make a general assessment of quality and consistencies of the available data and
upkeep of such measurement stations.
The Consultant shall make a thorough review of present practices of hydrological analyses
being followed by different sub-sectoral agencies of the water sector and other
infrastructural sectors like road, railway, telecommunication, etc. in estimating water
requirements, assessing water resources and estimating design floods, as applicable. Such
review work shall include the practices being followed by consulting engineers, private
sector and local bodies within Nepal. Some of the agencies have also been using their own
guidelines and manuals, which cover hydrological aspects of the planning and design of
infrastructure, besides internationally used guidelines and text books. The Consultant shall
make every effort to make assessments of adequacy and efficacy of those documents and
the current hydrological practices in terms of physical impacts on the field. The impacts
could be in the form of irrigation coverage attributable to water requirement estimation viz.
water availability assessment, safety/adequacy or (un)economical and (over)design of
waterways in weir/barrage, road bridges, over safe or frequently breached river training
works, etc.
The Consultant shall make a review of guidelines and manuals and practices being
followed in connection with hydrological analysis in relevant South Asian countries and
beyond as far as it is practicable and relevant. While doing so, the Consultant shall make a
comparative assessment with that being followed in Nepal.
4.2 Stakeholder Consultation
Various government and other public sector entities at the center and local level involved
in infrastructure development, academic institutions, consulting engineers, etc. are the
mainly identified stakeholders in connection with the hydrological manual preparation
work. They need to be thoroughly consulted at various stages of the manual preparation
project. Besides, formal consultations through different workshops about which it is
mentioned subsequently below, the Consultant shall remain in touch with the relevant
expert representatives of these entities and institutions throughout the project period and
constantly engage with them to take benefits from their direct field experience and years of
observation and experience.
Apart from the above, a Monitoring and Consultative Committee (MCC) will be
constituted at WECS, which will have a total of nine members representing various
stakeholder agencies under the chairmanship of Joint Secretary, WECS. The MCC will
meet maximum 10 times during the study project period. The timings of the meetings will
be decided in consultation with the Consultant based on the work progress and report
submissions; a tentative schedule of these meetings is expected from the Consultant right in
its technical proposal though. The Consultant shall make a presentation in every MCC
meeting and the discussion and decisions made in it will be recorded in minutes.
Page 37 of 71
The Consultant shall organize three half-day consultative workshops – after the submission
of (i) Inception Report, (ii) Interim Report, and (iii) Draft Final Report. Each workshop
will have a maximum of 25 participants, apart from those participating from the
Consultant. The Consultant shall make the copies of discussions materials available one
week in advance to the WECS so that they can be timely distributed among the
participants.
4.3 Fieldwork
In course of review work or taking stock of the situation, the Consultant shall carry out
fieldwork in order to make direct observations on adequacy/efficacy/deficiency of the
present hydrological analysis and related literatures used by four (sub) sectors – (i) road,
(ii) irrigation, (iii) flood control, and (iv) water supply. The Consultant shall take up at least
two successful and effective cases and two failure cases from each of the (sub) sectors for
the field study. The case studies need to cover diverse geographical regions of the country.
4.4 Formulation of Hydrological Manual
On the basis of the outcomes of the review works, stakeholder consultation and field works,
the Consultant shall formulate the hydrological manual for infrastructure having
components for water requirements, water resource/availability assessment and estimation
of design flood magnitudes for several infrastructure development cases, which shall
include, but not limited to:
i. Hydropower structures including storage dams,
ii. Bridges and other cross-drainage structures in roads, railways, including
longitudinal drainage, and cross-drainage structures,
iii. Irrigation and drainage structures, including cross-drainage structures,
iv. River training works,
v. Water supply and sanitary works,
vi. Inland navigation structures,
vii. Recreation water works,
viii. Environmental flow considerations, and
ix. Other appropriate hydraulic structures.
4.5 Management of the study

Management of the study is an essential part for execution of the assigned task. In this
regard, the Consultant shall work in close coordination with the project management unit at
WECS. A Project Coordinator from WECS will work in close coordination with the
Consultants for day to day execution and monitoring of the study. All the correspondences
and coordination with WECS from the Consultant side shall be the responsibility of the
team leader. Any office space and office set up is the responsibility of the Consultant. All
the cost incurred for office setup and logistics shall be borne by the Consultant.
5. Output of the Study
The output of this study shall be in the form of reports with compiled data, analysis and
result in hard copy as well as in the digital form.
The consultant shall submit the following reports in given timeframe.
a) Inception Report: As soon as the study starts, the Consultant shall prepare an
Inception Report. Based on discussions with WECS, the Consultant shall review and
verify the content of the tasks required. Specifically, the Consultant shall review the
existing/available information, and prepare plans for the field studies. The Consultant
shall elaborate: (i) conceptual framework of the study, (ii) methodology, (iii) main
Page 38 of 71
tasks, (iv) work and staffing plans, and (v) reporting program. The Consultant shall
submit 5 (Five) hard copies and 1 (one) soft copy of the Inception Report within one
month from the date of the agreement. The Consultant shall make a presentation on the
Inception report during the half-day consultation workshop. WECS will provide
comments and suggestions on the Inception Report within 15 (fifteen) working days
from the date of its submission. Thereafter, the Consultant shall again submit final
Inception Report after incorporating all the comments.
b) Interim Report: The Consultant shall submit 5 (five) hard copies and 1 (one) soft
copy of the Interim Report within six months after submission of the Inception Report.
Most of the stakeholder consultation and field studies shall be completed by this
reporting period. The Consultant shall summarize the updated progress of the study;
submit major findings of stakeholder consultation and preliminary analysis of
hydrological methods used in infrastructure.
The Consultant shall make a presentation on the Interim report and discuss during the
half-day consultation workshop. WECS will provide comments and suggestions on the
Interim Report within 15 (fifteen) working days from the date of its submission.
Thereafter, the Consultant shall again submit the Interim Report after incorporating all
the comments.
c) Draft Report: The Consultant shall submit 7 (seven) hard copies and 1 (one) soft
copy of the Draft Report at least three months before the end date of the contract. The
Draft Report shall present the complete analysis and findings of the study, which
includes the formulation of hydrological manual for infrastructures as discussed in
section 4.4.
d) Final Report: The Consultant shall incorporate all the comments and suggestions
provided by WECS on the Draft Report and submit 10 (ten) hard copies and 2 (two)
soft copies of the Final Report.
The Draft/Final Report shall constitute two parts – one consisting of the review and
analysis and other the Manual proper. The number of volumes and formats of the
reports will be decided by WECS and the Consultant on mutual consultation.
6. Workshop and Meetings
The Consultant shall organize three half-day workshops each attended by 25 participants in
Kathmandu to present and discuss the Inception report, Interim report and Draft report.
All the costs involved in carrying out these workshops/ meetings will be borne by the
Consultant.
Page 39 of 71
7. Staffing requirements
The followings are the requirements of experts for the study. However, the Consultant may
include additional experts during the project period without any additional expenses on the
agreed amount.
Required Total Man-
Descriptions Number month
1. Team Leader(Water resources expert) 1 12
2. Senior hydrologist 1 8
3. Hydrologist 1 12
4. Hydropower engineer 1 6
5. Irrigation and drainage engineer 1 6
6. Sediment management expert 1 2
7. Water supply and sanitation engineer 1 6
8. Bridge design expert 1 6
9. Flood control expert 1 6
10. Computer operator 1 12
11. Support Staff 4 12
The responsibility of the experts are, but not limited to, the following:
1. Team Leader (Water Resources Expert)
The team leader shall have substantial experience in water resources projects. S/he shall have
at least a Master's degree in Civil Engineering with specialization in Water Resources
Engineering/ Development. S/he shall have a minimum 20 years of experience in the
respective field with adequate training in the area of hydrology. S/he shall be responsible to:
 Take full responsibility of the study project, provide overall direction to the team, and
coordinate among various experts and also the stakeholder agencies.
 Carry out extensive consultations with the key stakeholders and obtain suggestions and
concurrence on the contents of the study.
 Ensure timely delivery and quality control of the outputs required as per the Scope of
Work.
2. Senior Hydrologist
The Senior Hydrologist shall have minimum Master's degree in Civil Engineering with
specialization in Hydrology or Water Resource Engineering. S/he will have a minimum of 15
years’ experience in hydrological analysis in different infrastructure projects. S/he shall be
responsible to:
 Work closely with other team members and assist the team leader by carrying out field
studies, analysis and designs for specific types of hydrology related problems in different
infrastructure projects.
 Assist the team leader to carry out all studies and analysis in implementing the hydrologic
standards.
 Recommend suitable designs for various situations based on the study of success/failure
cases including previous modeling investigations.
 Provide procedural guidelines to make assessment of water availability and requirement
and to work out design flood magnitudes in different water works.
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3. Hydrologist
The Hydrologist shall have minimum Master's degree in Civil Engineering with specialization
in Hydrology or Water Resource Engineering. S/he will have a minimum of 10 years’
experience in hydrological analysis in different infrastructure projects. S/he shall be
responsible to:
 Work closely with other team members and assist the senior hydrologist and team leader to
carry out field studies, analysis and designs for specific types of hydrology related
problems in different infrastructure projects.
 Assist the Senior Hydrologist to carry out all studies and analysis in implementing the
hydrologic standards.
 Assist the Senior Hydrologist Engineer in synthesizing the inputs provided by different
experts in the team and in ensuring timely delivery of all outputs and preparation of reports.
 Provide procedural guidelines to make assessment of water availability and requirement
and to work out design flood magnitudes in different water works.
4. Hydropower Engineer
The Hydropower Engineer shall have at least a Master's degree in Civil Engineering with
specialization in Hydropower Engineering/Development. S/he shall have a minimum 10 years
of experience in different phases of survey, design, construction and operation of hydropower
projects. S/he shall be responsible to:
 Work closely with other team members and assist the team leader and hydrologists to carry
out field studies, analysis and designs for specific types of hydrology related problems in
run-of-river/storage type hydropower projects.
 Recommend suitable design parameters pertaining to hydrology in hydropower projects.
 Assist the Team Leader in synthesizing the inputs provided by different experts in the team
and in ensuring timely delivery of all outputs and preparation of reports.
5. Irrigation and drainage Engineer

The Irrigation Engineer shall have minimum Master's degree in Civil Engineering with
specialization in Irrigation or Water Resource Engineering. S/he will have a minimum of 10
years’ experience in hydrological analysis in different irrigation related infrastructure projects.
S/he shall be responsible to:
 Work closely with other team members and assist the team leader to carry out field studies,
analysis and designs for specific types of hydrology related problems in different irrigation
and drainage projects.
standards in design of irrigation and drainage structures.
 Recommend appropriate design parameters pertaining to hydrology in irrigation and
drainage project including diversion and cross-drainage structures.
 Assist the Team Leader in synthesizing the inputs provided by different experts in the team
6. Sediment Management Expert

The Sediment Management Expert shall have minimum Master's degree in Civil Engineering
with specialization in sediment transport and management or Water Resources Engineering.
S/he will have a minimum of 10 years’ experience in sediment related works. S/he shall be
responsible to:
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analysis and designs for specific types of hydrology related problems in different
infrastructure projects from the viewpoint of sediment management.
standards.
cases including previous design/modeling investigations.
 Assist the team leader in ensuring timely delivery of all outputs and preparation of reports.
7. Water supply and sanitation Engineer

The Water supply and Drainage Engineer shall have minimum Master's degree in Civil
Engineering with specialization in water supply/drainage or Water Resource Engineering. S/he
will have a minimum of 10 years’ experience in water supply/drainage related infrastructure
projects. S/he shall be responsible to:
analysis and designs for specific types of hydrology related problems in different water
supply and drainage related projects.
standards.
 Recommend suitable design parameters pertaining to hydrology in water supply and
sewerage projects including treatment works.
 Assist the team leader in synthesizing the inputs provided by different experts in the team
8. Bridge design Engineer

The Bridge design Engineer shall have minimum Master's degree in Civil Engineering with
specialization in Structural/Transportation/Infrastructure development Engineering. S/he will
have a minimum of 10 years’ experience in bridge design in different infrastructure projects.
S/he shall be responsible to:
analysis and designs for specific types of hydrology related problems during bridge design
in different infrastructure projects.
standards.
 Recommend suitable design parameters pertaining to longitudinal and cross drainage of
transport infrastructure such as roads and railways.
9. Flood Control Expert

The Flood Control Expert shall have minimum Master's degree in Civil Engineering with
specialization in Hydrology or Water Resource Engineering. S/he will have a minimum of 10
years’ experience in flood control/river training works in different infrastructure projects. S/he
shall be responsible to:
analysis and designs for specific types of hydrology related problems in controlling flood
in different infrastructure projects.
standards.
 Recommend suitable design parameters pertaining to flood control and river management
projects.
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8. Payment Mode
The payment schedule will be as mentioned in the table below.

S. Payment % of total
Payments Preconditions for payment
N. contract amount
1 First Installment 20 Submission and Approval of Inception
Report
2 Second Installment 25 Submission and Approval of Interim Report
3 Third Installment 30 Submission and Approval of Draft Report
4 Fourth and Final Installment 25 Submission and Approval of the Final Report
9. Work Schedule
The Consultant shall complete the entire study project within a period of 12 months from the
date of signing the agreement with WECS. It is the responsibility of the Consultant to plan in
detail the work schedule and expert person-months schedule to complete the assigned work
within the assigned time frame.
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STANDARD FORM OF CONTRACT
Contract for Consultant

RFP No. : Job No 01/WECS/ 2073-74
Consultants’ Services
Lump sum Assignments
Title of Consulting Services: Preparation of Hydrological Manual for

Infrastructure
Project Name: Preparation of Hydrological Manual for

Infrastructure
Office Name: Government of Nepal
Office Address: Singha Durbar, Kathmandu
Source of Funding: Government of Nepal
Budget Head: 3081014
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Table of Contents
i. Form of Contract..................................................................................................... 43
ii. General Conditions of Contract................................................................................. 45
iii. Special Conditions of Contract.................................................................................. 61
iv. Appendices............................................................................................................... 65
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CONTRACT FOR CONSULTANT SERVICES
For
Preparation of Hydrological Manual for Infrastructure
BETWEEN

AND
…………………………………………….
(Consulting Firm)
2016
Kathmandu, NEPAL
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I. Form of Contract
This CONTRACT (hereinafter called the “Contract”) is made the ………….. day of the month of
…………2016, between, on the one hand, Water and Energy Commission Secretariat, Singha
Durbar, Kathmandu(hereinafter called the “Client”) and, on the other hand,
……………………………….(hereinafter called the “Consultants”).
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting services as
defined in the General Conditions of Contract attached to this Contract (hereinafter
called the “Services”);
(b) the Consultants, having represented to the Client that they have the required
professional skills, and personnel and technical resources, have agreed to provide the
Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this
Contract:
(a) The General Conditions of Contract;
(b) The Special Conditions of Contract;
(c) The following Appendices:
Appendix A: Description of the Services
Appendix B: Reporting Requirement
Appendix C: Key Personnel
Appendix D: Duties of the Client
Appendix E: Contract Cost in Local Currency
Appendix F: Form of Guarantee for Advance Payments (Not Used)
Appendix G: Minutes of Negotiations Meetings
2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in the
Contract, in particular:
(a) the Consultants shall carry out the Services in accordance with the provisions of the
Contract; and
(b) the Client shall make payments to the Consultants in accordance with the provisions
of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
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respective names as of the day and year first above written.
For and on behalf of Water and Energy Commission Secretariat (WECS), Singha Durbar
_______________________________________
[Authorized Representative]
Name: ………………………………….
Designation: ………………………………….
Seal:
For and on behalf of ………………………..
______________________________________________
[Authorized Representative]
Name:………………………………….
Designation: Authorized Representative
Seal:
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II. General Conditions of Contract

1. General Provisions
1.1 Definitions Unless the context otherwise requires, the following terms whenever
used in this Contract have the following meanings:
a. “Applicable Law” means the laws and any other instruments
having the force of law in Nepal, as they may be issued and
in force from time to time;
b. “Government” means Government of Nepal.
c. “Contract” means the Contract signed by the Parties, to
which these General Conditions of Contract (GCC) are
attached, together with all the documents listed in Clause 1
of such signed Contract;
d. “Effective Date” means the date on which this Contract
comes into force and effect pursuant to Clause GCC 2.1;
e. “GCC” means these General Conditions of Contract;
f. “Donor” means the organization offering loan, credit or
grant to GoN
g. “Local Currency” means the currency of the Government;
h. “Member,” in case the Consultants consist of a joint venture
of more than one entity, means any of these entities; and
“Members” means all these entities;
i. “Party” means the Client or the Consultants, as the case may
be, and “Parties” means both of them;
j. “Personnel” means persons hired by the Consultants or by
any Sub-Consultant as employees and assigned to the
performance of the Services or any part thereof; “Foreign
Personnel” means such persons who at the time of being so
hired had their domicile outside Nepal; “Local Personnel”
means such persons who at the time of being so hired had
their domicile inside Nepal; and “Key Personnel” means the
Personnel referred to in Clause GCC 4.2(a);
k. “SCC” means the Special Conditions of Contract by which
the GCC may be amended or supplemented;
l. “Services” means the work to be performed by the
Consultants pursuant to this Contract, as described in
Appendix A hereto;
m. “Sub-Consultant” means any person or entity to
whom/which the Consultants subcontract any part of the
Services in accordance with the provisions of Clause GCC
3.7;
n. “Third Party” means any person or entity other than the
Government, the Client, the Consultants or a Sub-
Consultant.
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1.2 Relation Nothing contained herein shall be construed as establishing a
between the relation of master and servant or of principal and agent as between
Parties the Client and the Consultants. The Consultants, subject to this
Contract, have complete charge of Personnel and Sub-Consultants,
if any, performing the Services and shall be fully responsible for the
Services performed by them or on their behalf hereunder.
1.3 Law Governing This Contract, its meaning and interpretation, and the relation
Contract between the Parties shall be governed by the Applicable Law of
Nepal.
1.4 Language This Contract has been executed in the English language, which
shall be the binding and controlling language for all matters relating
to the meaning or interpretation of this Contract.
1.5 Headings The headings shall not limit, alter or affect the meaning of this
Contract.
1.6 Notices 1.6.1 Any notice, request or consent required or permitted to be

given or made pursuant to this Contract shall be in writing.
Any such notice, request or consent shall be deemed to have
been given or made when delivered in person to an authorized
representative of the Party to whom the communication is
addressed, or when sent by registered mail, telex, telegram or
facsimile to such Party at the address specified in the SCC.
1.6.2 Notice will be deemed to be effective as specified in the SCC.
1.6.3 A Party may change its address for notice hereunder by giving
the other Party notice of such change pursuant to the
provisions listed in the SCC with respect to Clause GCC 1.6.2.
1.7 Location The Services shall be performed at such locations as are specified in
Appendix A hereto and, where the location of a particular task is not
so specified, at such locations, whether in Nepal or elsewhere, as the
Client may approve.
1.8 Authority of In case the Consultants consist of a joint venture of more than one
Member in entity, the Members hereby authorize the entity specified in the SCC
Charge to act on their behalf in exercising all the Consultants’ rights and
obligations towards the Client under this Contract, including without
limitation the receiving of instructions and payments from the
Client.
1.9 Authorized Any action required or permitted to be taken, and any document
Representatives required or permitted to be executed, under this Contract by the
Client or the Consultants may be taken or executed by the officials
specified in the SCC.
1.10 Taxes and Unless otherwise specified in the SCC, the Consultants, Sub-
Duties Consultants and Personnel shall pay such taxes, duties, fees and
other impositions as may be levied under the Applicable Law.
2. Commencement, Completion, Modification and Termination of Contract
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2.1 Effectiveness of This Contract shall come into force and effect on the date (the
Contract “Effective Date”) of the Client’s notice to the Consultants
instructing the Consultants to begin carrying out the Services. This
notice shall confirm that the effectiveness conditions, if any, listed
in the SCC have been met.
2.2 Termination of If this Contract has not become effective within such time period
Contract for after the date of the Contract signed by the Parties as shall be
Failure to specified in the SCC, either Party may, by not less than thirty (30)
days written notice to the other Party, declare this Contract to be
Become
null and void, and in the event of such a declaration by either Party,
Effective neither Party shall have any claim against the other Party with
respect hereto.
2.3 Commencement The Consultants shall begin carrying out the Services at the end of
of Services such time period after the Effective Date as shall be specified in the
SCC.
2.4 Expiration of Unless terminated earlier pursuant to Clause GCC 2.8 hereof, this
Contract Contract shall terminate at the end of such time period after the
Effective Date as shall be specified in the SCC.
2.5 Variation Variation of the terms and conditions of this Contract, including any
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 variation made by the other Party.
2.6Force Majeure
2.6.1 Definition a) For the purposes of this Contract, “Force Majeure” means an
event which is beyond the reasonable control of a Party, and
which makes a Party’s performance of its obligations hereunder
impossible or so impractical as reasonably to be considered
impossible in the circumstances, and 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 (except where such strikes, lockouts or
other industrial action are within the power of the Party invoking
Force Majeure to prevent), confiscation or any other action by
government agencies.
b) Force Majeure shall not include (i) any event which is caused by
the negligence or intentional action of a Party or such Party’s
Sub-Consultants or agents or employees, nor (ii) any event
which a diligent Party could reasonably have been expected to
both (A) take into account at the time of the conclusion of this
Contract and (B) avoid or overcome in the carrying out of its
obligations hereunder.
c) Force Majeure shall not include insufficiency of funds or failure to
make any payment required hereunder.
2.6.2 No Breach The failure of a Party to fulfill any of its obligations hereunder shall
of Contract not be considered to be a breach of, or default under, this Contract
insofar as such inability arises from an event of Force Majeure,
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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.
2.6.3 Measures to a) A Party affected by an event of Force Majeure shall take all
be Taken reasonable measures to remove such Party’s inability to
fulfil its obligations hereunder with a minimum of delay.
b) A Party affected by an event of Force Majeure shall notify
the other Party of such event as soon as possible, and in any
event not later than fifteen (15) days following the
occurrence of such event, providing evidence of the nature
and cause of such event, and shall similarly give notice of
the restoration of normal conditions as soon as possible.
c) The Parties shall take all reasonable measures to minimize
the consequences of any event of Force Majeure.
2.6.4 Extension of Any period within which a Party shall, pursuant to this Contract,
Time (EoT) 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 or Client’s failure to provide facilities
in time as per the contract
The Consultant shall submit an application to the Client for

extension of time, stating the causes for delay with supporting
evidence within7 days before the expiry of the Contract completion
date. The approval of EoT shall be subject to verification by the
Client weather:
a. the Consultant had made the best possible efforts to complete
the work in due time ,
b. the facilities to be provided by the Client as per the contract
to the Consultant was made in time or not,
c. the delay was as a result of Force Majeure or not.
2.6.5 Consultation Not later than thirty (30) days after the Consultants, as the result of
an event of Force Majeure, have become unable to perform a
material portion of the Services, the Parties shall consult with each
other with a view to agreeing on appropriate measures to be taken in
the circumstances.
2.7 Suspension The Client may, by written notice of suspension to the Consultants,
suspend all payments to the Consultants hereunder if the
Consultants fail to perform any of their obligations under this
Contract, including the carrying out of the Services, provided that
such notice of suspension (i) shall specify the nature of the failure,
and (ii) shall request the Consultants to remedy such failure within a
period not exceeding thirty (30) days after receipt by the
Consultants of such notice of suspension.
2.8 Termination
2.8.1 By the The Client may, by not less than thirty (30) days’ written notice of
termination to the Consultants. (except in the event listed in
Client paragraph (f) below, for which there shall be a written notice of not
Page 52 of 71
less than sixty (60) days), such notice to be given after the
occurrence of any of the events specified in paragraphs (a) through
(g) of this Clause GCC 2.8.1, terminate this Contract:
a) if the Consultants fail to remedy a failure in the performance
of their obligations hereunder, as specified in a notice of
suspension pursuant to Clause 2.7 hereinabove, within thirty
(30) days of receipt of such notice of suspension or within
such further period as the Client may have subsequently
approved in writing;
b) if the Consultants become (or, if the Consultants consist of
more than one entity, if any of their 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 Consultants fail to comply with any final decision
reached as a result of arbitration proceedings pursuant to
Clause GCC 8 hereof;
d) if the Consultants submit to the Client a statement which has
a material effect on the rights, obligations or interests of the
Client and which the Consultants know to be false;
e) if, as the result of Force Majeure, the Consultants are unable
to perform a material portion of the Services for a period of
not less than sixty (60) days; or
f) if the Client, in its sole discretion and for any reason
whatsoever, decides to terminate this Contract.
g) if the Consultant, in the judgment of the Client, has engaged
in corrupt or fraudulent practices in competing for or in
executing the Contract. For the purpose of this clause:
“corrupt practice” means the offering, giving, receiving or

soliciting of anything of value to influence the action of a
public official in the selection process or in contract
execution.
“fraudulent practice” means a misrepresentation of facts in

order to influence a selection process or the execution of a
contract to the detriment of the Client, and includes collusive
practice among Consultants (prior to or after submission of
proposals) designed to establish prices at artificial non-
competitive levels and to deprive the Client of the benefits of
free and open competition.
2.8.2 By the The Consultants may, by not less than thirty (30) days’ written
Consultants notice to the Client, such notice to be given after the occurrence of
any of the events specified in paragraphs (a) through (d) of this
Clause GC 2.8.2, terminate this Contract:
a) if the Client fails to pay any money due to the Consultants
pursuant to this Contract and not subject to dispute pursuant
to Clause GCC 8 hereof within forty-five (45) days after
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receiving written notice from the Consultants that such
payment is overdue;
b) 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 Consultants may
have subsequently approved in writing) following the receipt
by the Client of the Consultants’ notice specifying such
breach;
c) if, as the result of Force Majeure, the Consultants are unable
to perform a material portion of the Services for a period of
not less than sixty (60) days; or
d) if the Client fails to comply with any final decision reached
as a result of arbitration pursuant to Clause GCC 8 hereof.
2.8.3 Cessation of Upon termination of this Contract pursuant to Clauses GCC 2.2 or
Rights and GCC 2.8 hereof, or upon expiration of this Contract pursuant to
Obligations Clause GCC 2.4 hereof, 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 3.3 hereof, (iii)
the Consultants’ obligation to permit inspection, copying and
auditing of their accounts and records set forth in Clause GCC
3.6(ii) hereof, and (iv) any right which a Party may have under the
Applicable Law.
2.8.4 Cessation of Upon termination of this Contract by notice of either Party to the
Services other pursuant to Clauses GCC 2.8.1 or GCC 2.8.2 hereof, the
Consultants 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 Consultants and equipment and
materials furnished by the Client, the Consultants shall proceed as
provided, respectively, by Clauses GCC 3.9 or GCC 3.10 hereof.
2.8.5 Payment upon Upon termination of this Contract pursuant to Clauses GCC 2.8.1 or
Termination GCC 2.8.2 hereof, the Client shall make the following payments to
the Consultants:
a. remuneration pursuant to Clause GCC 6 hereof for Services
satisfactorily performed prior to the effective date of
termination;
b. reimbursable expenditures pursuant to Clause GCC 6 hereof
for expenditures actually incurred prior to the effective date
of termination; and
c. except in the case of termination pursuant to paragraphs (a)
through (d) of Clause GCC 2.8.1 hereof, reimbursement of
any reasonable cost incident to the prompt and orderly
termination of the Contract including the cost of the return
travel of the Personnel and their eligible dependents.
2.8.6 Disputes about If either Party disputes whether an event specified in paragraphs (a)
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Events of through (e) of Clause GCC 2.8.1 or in Clause GCC 2.8.2 hereof has
Termination occurred, such Party may, within thirty (30) days after receipt of
notice of termination from the other Party, shall settle the dispute
pursuant to Clause GCC 8 hereof, and this Contract shall not be
terminated on account of such event except in accordance with the
terms of any resulting arbitral award.
3. Obligations of the Consultants
3.1 General
3.1.1 Standard of The Consultants shall perform the Services and carry out their
Performance obligations hereunder with all due diligence, efficiency and
economy, in accordance with generally accepted professional
techniques and practices, and shall observe sound management
practices, and employ appropriate advanced technology and safe
and effective equipment, machinery, materials and methods. The
Consultants shall always act, in respect of any matter relating to this
Contract or to the Services, as faithful advisers to the Client, and
shall at all times support and safeguard the Client’s legitimate
interests in any dealings with Sub-Consultants or Third Parties.
3.1.2 Law The Consultants shall perform the Services in accordance with the
Governing Applicable Law and shall take all practicable steps to ensure that
Services any Sub-Consultants, as well as the Personnel of the Consultants
and any Sub-Consultants, comply with the Applicable Law. The
Client shall notify the Consultants in writing of relevant local
customs, and the Consultants shall, after such notification, respect
such customs.
3.1.3 Application of If the Consultants, as part of the Services, have the responsibility of
Procurement advising the Client on the procurement of goods, works or services,
Law the Consultants shall comply with any applicable procurement
Guidelines as per the prevailing Public Procurement Act and
Regulations of the GoN (or of the Donors/funding agencies) and
shall at all times exercise such responsibility in the best interest of
the Client. Any discounts or commissions obtained by the
Consultants in the exercise of such procurement responsibility shall
be for the account of the Client.
3.2 Conflict
Interests
3.2.1 Consultants The remuneration of the Consultants pursuant to Clause GC 6

Not to Benefit hereof shall constitute the Consultants’ sole remuneration in
from connection with this Contract or the Services and, subject to Clause
Commissions, GCC 3.2.2 hereof, the Consultants shall not accept for their own
Discounts, etc. benefit any trade commission, discount or similar payment in
connection with activities pursuant to this Contract or to the
Services or in the discharge of their obligations hereunder, and the
Consultants shall use their best efforts to ensure that any Sub-
Consultants, as well as the Personnel and agents of either of them,
similarly shall not receive any such additional remuneration.
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3.2.2 Consultants The Consultants agree that, during the term of this Contract and
and Affiliates after its termination, the Consultants and any entity affiliated with
Not to Engage in the Consultants, as well as any Sub-Consultant and any entity
Certain affiliated with such Sub-Consultant, shall be disqualified from
Activities providing goods, works or services (other than the Services and any
continuation thereof) for any project resulting from or closely
related to the Services.
3.2.3 Prohibition of The Consultants shall not engage, and shall cause their Personnel as
Conflicting well as their Sub-Consultants and their Personnel not to engage,
Activities either directly or indirectly, in any of the following activities:
a) during the term of this Contract, any business or
professional activities in Nepal which would conflict with
the activities assigned to them under this Contract; and
b) after the termination of this Contract, such other activities as
may be specified in the SCC.
3.3 Confidentiality The Consultants, their Sub-Consultants, and the Personnel of either
of them shall not, either during the term of within two (2)
years after the expiration of this Contract, disclose any
proprietary of confidential information relating to the Project,
the Services, this Contract, or the Client’s business or
operations without the prior written consent of the Client.
3.4 Liability of the Subject to additional provisions, if any, set forth in the SCC, the
Consultants Consultants’ liability under this Contract shall be as provided by the
Applicable Law.
3.5 Insurance to be The Consultants (i) shall take out and maintain, and shall cause any
Taken Out by the Sub-Consultants to take out and maintain, at their (or the Sub-
Consultants Consultants’, as the case may be) own cost but on terms and
conditions approved by the Client, insurance against the risks, and
for the coverages, as shall be 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 Consultants (i) shall keep accurate and systematic accounts and
3.6 Accounting,
records in respect of the Services hereunder, in accordance with
Inspection and
internationally accepted accounting principles and in such form and
Auditing
detail as will clearly identify all relevant time changes and costs,
and the bases thereof (including such bases as may be specifically
referred to in the SCC), and (ii) shall permit the Client or its
designated representative periodically, and up to one year from the
expiration or termination of this Contract, to inspect the same and
make copies thereof as well as to have them audited by auditors
appointed by the Client and, where applicable
The Consultants shall obtain the Client’s prior approval in writing

3.7 Consultants’
before taking any of the following actions:
Actions
Requiring a) appointing such members of the Personnel as are listed in
Client’s Prior Appendix C merely by title but not by name;
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Approval b) entering into a subcontract for the performance of any part
of the Services, it being understood (i) that the selection of
the Sub-Consultant and the terms and conditions of the
subcontract shall have been approved in writing by the
Client prior to the execution of the subcontract, and (ii) that
the Consultants shall remain fully liable for the performance
of the Services by the Sub-Consultant and its Personnel
pursuant to this Contract;
c) any other action that may be specified in the SCC.
The Consultants shall submit to the Client the reports and

3.8 Reporting
documents specified in Appendix B hereto, in the form, in the
Obligations
numbers and within the time periods set forth in the said Appendix.
All plans, drawings, specifications, designs, reports, other

3.9 Documents
documents and software prepared by the Consultants for the Client
Prepared by the
under this Contract shall become and remain the property of the
Consultants to
Client, and the Consultants shall, not later than upon termination or
be the Property
expiration of this Contract, deliver all such documents to the Client,
of the Client
together with a detailed inventory thereof. The Consultants may
retain a copy of such documents and software. Restrictions about
the future use of these documents and software, if any, shall be
specified in the SCC.
Equipment and materials made available to the Consultants by the

3.10 Equipment
Client, or purchased by the Consultants with funds provided by the
and Materials
Client, shall be the property of the Client and shall be marked
Furnished by
accordingly. Upon termination or expiration of this Contract, the
the Client
Consultants shall make available to the Client an inventory of such
equipment and materials and shall dispose of such equipment and
materials in accordance with the Client’s instructions. While in
possession of such equipment and materials, the Consultants, unless
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.
4. Consultants’ Personnel and Sub-Consultant
The Consultants shall employ and provide such qualified and

4.1 General
experienced Personnel and Sub-Consultants as are required to carry
out the Services.
a. The title, agreed job description, minimum qualification and

4.2 Description of
estimated period of engagement in the carrying out of the
Personnel
Services of each of the Consultants’ Key Personnel are
described in Appendix C. If any of the Key Personnel has
already been approved by the Client, his/her name is listed
as well.
b. If required to comply with the provisions of Clause GCC
3.1.1 hereof, adjustments with respect to the estimated
periods of engagement of Key Personnel set forth in
Appendix C may be made by the Consultants by written
Page 57 of 71
notice to the Client, provided (i) that such adjustments shall
not alter the originally estimated period of engagement of
any individual by more than 10% or one week, whichever is
larger, and (ii) that the aggregate of such adjustments shall
not cause payments under this Contract to exceed the
ceilings set forth in Clause GCC 6.1(b) of this Contract.
Any other such adjustments shall only be made with the
Client’s written approval.
c. If additional work is required beyond the scope of the
Services specified in Appendix A, the estimated periods of
engagement of Key Personnel set forth in Appendix C may
be increased by agreement in writing between the Client and
the Consultants, provided that any such increase shall not,
except as otherwise agreed in writing, cause payments under
this Contract to exceed the ceilings set forth in Clause GCC
6.1(b) of this Contract.
The Key Personnel and Sub-Consultants listed by title as well as by

4.3 Approval of
name in Appendix C are hereby approved by the Client. In respect
Personnel
of other Key Personnel which the Consultants propose to use in the
carrying out of the Services, the Consultants shall submit to the
Client for review and approval a copy of their biographical data. If
the Client does not object in writing (stating the reasons for the
objection) within twenty-one (21) calendar days from the date of
receipt of such biographical data .
a. Except as the Client may otherwise agree, no changes shall be

4.4 Removal
made in the Key Personnel. If, for any reason beyond the
and/or
reasonable control of the Consultants, it becomes necessary to
Replacement of
replace any of the Personnel, the Consultants shall forthwith
Personnel
provide as a replacement a person of equivalent or better
qualifications.
b. If the Client (i) finds that any of the Personnel has committed
serious misconduct or has been charged with having committed a
criminal action, or (ii) has reasonable cause to be dissatisfied with
the performance of any of the Personnel, then the Consultants shall,
at the Client’s written request specifying the grounds therefore,
forthwith provide as a replacement a person with qualifications and
experience acceptable to the Client.
c. Any of the Personnel provided as a replacement under Clauses

(a) and (b) above, the rate of remuneration applicable to such
person as well as any reimbursable expenditures (including
expenditures due to the number of eligible dependents) the
Consultants may wish to claim as a result of such replacement,
shall be subject to the prior written approval by the Client. Except
as the Client may otherwise agree, (i) the Consultants shall bear all
additional travel and other costs arising out of or incidental to any
removal and/or replacement, and (ii) the remuneration to be paid
for any of the Personnel provided as a replacement shall not
exceed the remuneration which would have been payable to the
Personnel replaced.
Page 58 of 71
5. Obligations of the Client
The Client warrants that the Consultants shall have, free of charge,
5.1 Access to Site
unimpeded access to all sites in Nepal in respect of which access
is required for the performance of the Services.
If, after the date of this Contract, there is any change in the
5.2 Change in the
Applicable Law with respect to taxes and duties which increases
Applicable Law
or decreases the cost incurred by the Consultants in performing the
Services, then the remuneration and reimbursable expenses
otherwise payable to the Consultants under this Contract shall be
increased or decreased accordingly by agreement between the
Parties hereto, and corresponding adjustments shall be made to the
ceiling amounts specified in Clause GCC 6.1(b).
The Client shall make available to the Consultants and the

5.3 Services,
Personnel, for the purposes of the Services and free of any charge,
Facilities and
the services, facilities and property described in Appendix D at the
Property of the
times and in the manner specified in said Appendix D, provided
Client
that if such services, facilities and property shall not be made
available to the Consultants as and when so specified, the Parties
shall agree on (i) any time extension that it may be appropriate to
grant to the Consultants for the performance of the Services, (ii)
the manner in which the Consultants shall procure any such
services, facilities and property from other sources, and (iii) the
additional payments, if any, to be made to the Consultants as a
result thereof pursuant to Clause GCC 6.1(c) hereinafter.
In consideration of the Services performed by the Consultants

5.4 Payment
under this Contract, the Client shall make to the Consultants such
payments and in such manner as is provided by Clause GCC 6 of
this Contract.
6. Payments to The Consultants
a) An estimate of the cost of the Services payable in local

6.1 Cost Estimates;
currency is set forth in Appendix E.
Ceiling Amount
b) Except as may be otherwise agreed under Clause GCC 2.6
and subject to Clause GCC 6.1(c), payments under this
Contract shall not exceed the ceilings in local currency
specified in the SCC. The Consultants shall notify the
Client as soon as cumulative charges incurred for the
Services have reached 80% of either of these ceilings.
c) Notwithstanding Clause GCC 6.1(b) hereof, if pursuant to
any of the Clauses GCC 5.3 or 5.4 hereof, the Parties shall
agree that additional payments in local and/or foreign
currency, as the case may be, shall be made to the
Consultants in order to cover any necessary additional
expenditures not envisaged in the cost estimates referred to
in Clause GCC 6.1(a) above, the ceiling or ceilings, as the
case may be, set forth in Clause GCC 6.1(b) above shall be
increased by the amount or amounts, as the case may be, of
any such additional payments.
Page 59 of 71
a) Remuneration for the Personnel shall be determined on the
6.2 Remuneration
basis of time actually spent by such Personnel in the
and
performance of the Services after the date determined in
Reimbursable
accordance with Clause GCC 2.3 and Clause SCC 2.3 (or
Expenditures
such other date as the Parties shall agree in writing)
(including time for necessary travel via the most direct
route) at the rates referred to, and subject to such
additional provisions as are set forth, in the SCC.
b) Reimbursable expenditures actually and reasonably
incurred by the Consultants in the performance of the
Services, as specified in Clause SCC 6.3.
All payments to the Consultant for the performance of the services

6.3 Currency of
shall be made in the currency of the GoN.
Payment
Billings and payments in respect of the Services shall be made as

6.4 Mode of Billing
follows:
and Payment
a. The Client shall cause to be paid to the Consultants an
advance payment as specified in the SC, and as
otherwise set forth below. The advance payment will
be due after provision by the Consultants to the Client
of a bank guarantee by a bank acceptable to the Client
in an amount specified in the SCC, such bank
guarantee (i) to remain effective additional one month
after the advance payment has been fully set off as
provided in the SCC, and (ii) to be in the form set forth
in Appendix I hereto or in such other form as the
Client shall have approved in writing.
b. As soon as practicable and not later than fifteen (15)
days after the end of each calendar month during the
period of the Services or on completion of the task on
which the payment is based, the Consultants shall
submit to the Client, in duplicate, itemized statements,
accompanied by copies of receipted invoices, vouchers
and other appropriate supporting materials, of the
amounts payable pursuant to Clauses GCC 6.3 and 6.4
for such month or completed task. The invoice format
shall be as agreed between the client and the
Consultants.
c. The Client shall cause the payment of the Consultants’
monthly statements less retention money 5% within
thirty (30) days after the receipt by the Client of such
statements with supporting documents. Only such
portion of a monthly statement that is not satisfactorily
supported may be withheld from payment. Should any
discrepancy be found to exist between actual payment
and costs authorized to be incurred by the Consultants,
the Client may add or subtract the difference from any
subsequent payments. Interest at the annual rate
specified in the SCC shall become payable as from the
above due date on any amount due by, but not paid on,
such due date.
Page 60 of 71
d. The final payment under this Clause shall be made

only after the final report and a final statement,
identified as such, shall have been submitted by the
Consultants and approved as satisfactory by the Client.
The Services shall be deemed completed and finally
accepted by the Client and the final report and final
statement shall be deemed approved by the Client as
satisfactory forty-five (45) calendar days after receipt
of the final report and final statement by the Client
unless the Client, within such forty-five (45) day
period, gives written notice to the Consultants
specifying in detail deficiencies in the Services, the
final report or final statement. The Consultants shall
thereupon promptly make any necessary corrections,
and upon completion of such corrections, the foregoing
process shall be repeated. Any amount which the
Client has paid or caused to be paid in accordance with
this Clause in excess of the amounts actually payable
in accordance with the provisions of this Contract shall
be reimbursed by the Consultants to the Client within
thirty (30) days after receipt by the Consultants of
notice thereof. Any such claim by the Client for
reimbursement must be made within ninety (90)
calendar days after receipt by the Client of a final
report and a final statement approved by the Client in
accordance with the above.
e. All payments under this Contract shall be made to the
account of the Consultant specified in the SCC.
a. The Client shall retain from each payment due to the

6.5 Retention
Contractor the proportion stated in the SCC until Completion
of the whole of the Works.
b. One half of the retention shall be repaid by the Client to the
Consultant at the time of the payment of the Final Bill
pursuant to GCC Clause 6.4 (d)
c. The remainder of the retention shall be paid by the Client to
the Consultant within 15 days after submission of an
evidence document issued by the concerned Internal Revenue
Office that the Consultant has submitted his Income Returns.
6.6 Liquidated The Consultant shall pay liquidated damages to the Client at the
Damages rate per day stated in the SCC for each day that the completion
services is later than the Completion Date. The total amount of
liquidated damages shall not exceed the amount defined in the
SCC.Beyond this limit the contract may be terminated by the
Client. The Client may deduct liquidated damages from any
payments due to the Consultant. Payment of liquidated damages
shall not affect the Consultant’s liabilities.
7. Fairness and Good Faith
Page 61 of 71
The Parties undertake to act in good faith with respect to each
7.1 Good Faith
other’s rights under this Contract and to adopt all reasonable
measures to ensure the realization of the objectives of this
Contract.
The Parties recognize that it is impractical in this Contract to

7.2 Operation of the
provide for every contingency which may arise during the life of
Contract
the Contract, and the Parties hereby agree that it is their intention
that this Contract shall operate fairly as between them, and
without detriment to the interest of either of them, and that, if
during the term of this Contract either Party believes that this
Contract is operating unfairly, the Parties will use their best efforts
to agree on such action as may be necessary to remove the cause
or causes of such unfairness, but no failure to agree on any action
pursuant to this Clause shall give rise to a dispute subject to
arbitration in accordance with Clause GCC 8 hereof.
8. Settlement of Disputes
The Parties shall use their best efforts to settle amicably all
8.1 Amicable
disputes arising out of or in connection with this Contract or the
Settlement
interpretation thereof.
Any dispute between the Parties as to matters arising pursuant to

8.2 Dispute
this Contract which cannot be settled amicably within thirty (30)
Settlement
days after receipt by one Party of the other Party’s request for
such amicable settlement may be referred to the Adjudicator by
either Party within 15 days after the amicable settlement period of
30 days.
8.3 Appointment a. The Adjudicator, shall be appointed jointly by the Client and
of the Adjudicator the Consultant within 30 days of the commencement date of
the contract. If the parties cannot reach an agreement on the
appointment of the Adjudicator, the Client will request the
Appointing Authority designated in theSCC, to appoint the
Adjudicator within 15 days of receipt of such request.
b. Should the Adjudicator resign or die, or should the Client and

the Consultant agree that the Adjudicator is not functioning in
accordance with the provisions of the Contract, a new
Adjudicator shall be jointly appointed by the Client and the
Consultant. In case of disagreement between the Client and the
Consultant, within 30 days, the Adjudicator shall be designated
by the Appointing Authority at the request of either party,
within 15 days of receipt of such request
8.4 Procedures for a. If a dispute is referred to the Adjudicator pursuant to GCC

Disputes Clause 8,2 then the the Adjudicator shall give a decision in
writing within 30 days of receipt of a reference of the dispute.
b. The Adjudicator shall be paid by the hour at the rate specified
Page 62 of 71
in the SCC, together with reimbursable expenses of the types
specified in the SCC, and the cost shall be divided equally
between the Client and the Consultant, whatever decision is
reached by the Adjudicator. Either party may refer a decision
of the Adjudicator to an Arbitrator within 30 days of the
Adjudicator’s written decision. If neither party refers the
dispute to arbitration within the above 30 days, the
Adjudicator’s decision will be final and binding.
c. In case of arbitration, the arbitration shall be conducted in

accordance with the arbitration procedures published by
Nepal Council of Arbitration.
9. Remedies for
Breach of Without prejudice to ny other right of the Client under this
Contract Contract, the remedies available to the Client in the event of
breach of the Contract by the Consultant are as follows:
a. rejection of defective performance,

b. prompt replacement and correction of defective
services,
c. application of liquidated damages for delay as per the
provision of the Contract,
d. termination of the contract and correction of the
services, not performed as per the requirement of the
contract, at the expense of the Consultant,
e. recovery for consequential damages;
f. such other remedies as may be available pursuant to the
contract or to applicable law.
10.1 The Consultant shall be responsible to fulfill his obligations

10. Conduct of
as per the requirement of the Contract Agreement, RFP
Consultants
documents and GoN’s Procurement Act and Regulations.
10.2 The Consultant shall not carry out or cause to carry out the
following acts with an intention to influence the
implementation of the procurement process or the contract
agreement :
i. give or propose improper inducement directly or
indirectly,
ii. distortion or misrepresentation of facts
iii. engaging or being involved in corrupt or fraudulent
practice
iv. Interference in participation of other prospective bidders.
v. coercion or threatening directly or indirectly to impair or
harm, any party or the property of the party involved in
Page 63 of 71
the procurement proceeding
vi. collusive practice among Consultants before or after
submission of proposals for distribution of works among
Consultants or fixing artificial/uncompetitive proposal
price with an intention to deprive the Client the benefit
of open competitive proposal price.
vii. contacting the Client with an intention to influence the
Client with regards to the proposals or interference of any
kind in examination and evaluation of the proposals
during the period after opening of proposals up to the
notification of award of contract
11. Blacklisting
Consultant 11.1 Without prejudice to any other right of the Client under this
Contract, Public Procurement Monitoring Office may
blacklist a Consultant for his conduct up to three years on
the following grounds and seriousness of the act committed
by the Consultant without prejudice to any other rights of the
Client under rights under this Contract:
a) if it is proved that the bidder committed acts pursuant

to the Information to Consultants GCC 10.2,
b) if the Consultant fails to sign an agreement pursuant to

Information to Consultants clause 7.3,
c) if it is proved later that the Consultant has committed

substantial defect in implementation of the contract or
has not substantially fulfilled his obligations under the
contract or the completed work is not of the specified
quality as per the contract ,
d) if convicted by a court of law in a criminal offence

which disqualifies the bidder from participating in the
contract.
11.2 A Consultant declared blacklisted and ineligible by the

Public procurement Office and or concerned Donor Agency
in case of donor funded project shall be ineligible to bid for a
contract during the period of time determined by the PPMO
and or the concerned donor agency.
Page 64 of 71
III. SPECIAL CONDITIONS OF CONTRACT

Number of Amendments of, And Supplements To, Clauses In The General
GCC Clause1 Conditions of Contract
1.6.1 The addresses are :
Client: Water and Energy Commission Secretariat

Address: Singha Durbar, Kathmandu
Attention:
The Secretary, WECS
Tel: 01-4211415/4211417/4211421
Fax: 01-4211425
Consultants: ………………………………
Address: ……………………………………
Attention: ……………………………..
Cable address: … … … … … … … … … …
Telex: ……………………………..
Facsimile: ……………………………..
E-mail: ……………………………..
1.6.2 Notice will be deemed to be effective as follows: –
(a) in the case of personal delivery or registered mail, on delivery;

(b) in the case of telexes, [written hours] ([numerical hours]) hours
following confirmed transmission;
(c) in the case of telegrams, [written hours] ([numerical hours])
hours following confirmed transmission; and
(d) in the case of facsimiles, [written hours] ([numerical hours])
hours following confirmed transmission.
(e) in case of E-mail, [written hours] ([numerical hours]) hours
following confirmed transmission.
1.8 Procedure The Member in Charge is [name of member]. –
Note: If the Consultants consist of a joint venture of more than one entity,
the name of the entity whose address is specified in Clause SCC 1.6.1
should be inserted here. If the Consultants consist only of one entity, this
Clause SCC 1.8 should be deleted from the SCC.]
1
Clauses in brackets are optional; all notes should be deleted in final text.
Page 65 of 71
1.9 The Authorized Representatives are:
For the Client:
.................................................,
1.10
For the Consultants: ……………
In accordance with the prevailing Acts, regulations and the established policy in the
Government of Nepal, the Consultants must pay all the taxes, duties, fees and other
impositions as may be levied while carrying out their services as mentioned in the
Terms of Reference (TOR). For this, no any reimbursement shall be claimed to the
2.1 client.
This contract shall come into effect from the date of signing
2.2 The time period shall be Thirty (30) days.
2.3 The date for the commencement of services is the date on which this
Contract shall come into effect as per GCC clause 2.1
2.4 The time period shall be 12 months.
3.2.3(b) Not Applicable
3.4 Limitation of the Consultants’ Liability towards the Client
(a) Except in case of gross negligence or willful misconduct on

the part of the Consultants or on the part of any person or
firm acting on behalf of the Consultants in carrying out the
Services, the Consultants, with respect to damage caused by
the Consultants 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 (A) the
total payments for professional fees and
reimbursable expenditures made or expected to be
made to the Consultants hereunder, or (B) the
proceeds the Consultants may be entitled to receive
from any insurance maintained by the Consultants to
cover such a liability, whichever of (A) or (B) is
higher.
(b) This limitation of liability shall not affect the Consultants’
liability, if any, for damage to Third Parties caused by the
Consultants or any person or firm acting on behalf of the
Consultants in carrying out the Services.”
3.5 Not Applicable
Page 66 of 71
3.7(c) Not Applicable

3.9 “The Consultants shall not use these documents for purposes unrelated to
this Contract without the prior written approval of the Client.”
6.1(b) The ceiling in local currency is: NRs. ……………..including VAT
6.2(a) Not Applicable

6.4(a) Not Applicable
6.4(b) Not Applicable

6.4(c) Not Applicable
Payments shall be made according to the following schedule:
6.4 (d)
 Twenty (20) percent of the contract amount shall be paid upon
submission and approval of two (2) hard copies of Inception
Report with a soft copy in editable file(s) saved in CD . The
Inception Report shall be submitted within one month from the
effectiveness of the Contract.
 Twenty-five (25) percent of the contract amount shall be paid
upon submission and approval of five (5) hard copies of
Interim Report with a soft copy in editable file(s) saved in
CD. The Interim Report shall be submitted within six months
after submission of the Inception Report.
 Thirty (30) percent of the contract amount shall be paid upon
submission and approval of seven (7) hard copies of Draft
Report with a soft copy in editable file(s) saved in CD. The
Draft Report shall be submitted at least three months before the
end date of the contract.
 Twenty-five (25) percent of the contract amount shall be paid
upon submission and approval of ten (10) hard copies of Final
Report and electronic version in editable file(s) DVD/Pen
Drive. The Final Report shall be submitted by incorporating all
the comments and suggestions provided by WECS on the Draft
Report
Payment shall be made within forty-five (45) days of receipt of the invoice
and the relevant documents specified in Clause 6.4, and within sixty (60)
days in the case of final payment.
6.4(e) The account is: Details will be provided by the Consultant within …… days from
the effective date of the Contract.
6.5 a) Retention: 5% of the invoice amount
6.6 Liquidated Damages : at the rate of 0.05 % of contract price per day to
a maximum of 10% of the sum stated in the
Agreement
Page 67 of 71
8.3 Appointing Authority: Nepal Arbitration Council, NEPCA

Appointme
nt of the
Adjudicato
r
8.4(b) The Adjudicator’s rate is: as per NEPCA
8.4 ( c) 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 an

arbitration panel composed of three arbitrators. The Client and the
Consultants shall each appoint one arbitrator, and these two
arbitrators shall jointly appoint a third arbitrator, who shall chair the
arbitration panel. If the arbitrators named by the Parties do not
succeed in appointing a third arbitrator within thirty (30) days after
the latter of the two arbitrators named by the Parties has been
appointed, the third arbitrator shall, at the request of either Party, be
appointed by Nepal Arbitration Council (NEPCA) and the
arbitration proceedings shall be conducted in accordance with the
rules of procedure for arbitration of NEPCA.
2. Substitute Arbitrators. If for any reason an arbitrator is unable to

perform his function, a substitute shall be appointed in the same
manner as the original arbitrator.
3. Miscellaneous. In any arbitration proceeding hereunder:
(a) proceedings shall, unless otherwise agreed by the Parties,

be held in Kathmandu;
(b) the English language shall be the official language for all
purposes; and
(c) the decision of the sole arbitrator or of a majority of the
arbitrators (or of the third arbitrator if there is no such
majority) shall be final and binding and shall be enforceable
in any court of competent jurisdiction, and the Parties
hereby waive any objections to or claims of immunity in
respect of such enforcement.
Page 68 of 71
IV. APPENDICES
Appendix A- Description of the Services – Terms of Reference (TOR)
As per Attached TOR
Appendix B—Reporting Requirements

As mentioned in ToR
Appendix C—Key Personnel and Sub-Consultants

Key Personnel is as mentioned as above and Sub-Consultants is not applicable.
Appendix D—Duties of the Client

Services, facilities and property to be made available to the Consultants by the Client.
as mentioned in 1.4 of data sheet and finalized during contract negotiation
Appendix E—Cost Estimates in Local Currency -

As per Contract Negotiation based on Financial Proposal of Consultant
Appendix F— Form of Guarantee for Advance Payments :

(Not Used)
Appendix G— Minutes of Negotiations Meetings :

As requirement
Page 69 of 71

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RFP Documents for Study on Preparation of Hydrological Manual for Infrastructure (Job No.

REQUEST FOR PROPOSAL (RFP) DOCUMENT

Procurement of Consulting Services:

REQUEST FOR PROPOSALS (RFP)

Title of Consulting Services: Preparation of Hydrological Manual for

Project Name: Preparation of Hydrological Manual for

Office Name: Government of Nepal

Water and Energy Commission Secretariat

Office Address: Singha Durbar, Kathmandu

Source of Funding: Government of Nepal

Budget Head: 3081014

Section 1 - Letter of Invitation 4

Section 1: Letter of Invitation

Details of the services are provided in the Terms of Reference (TOR).

Section 2. Information to Consultants

1.2 The Consultants are invited to submit a Technical Proposal and a

1.6 GON policy requires that Consultants provide professional, objective,

a. A Consultant, who has been engaged by the Client to provide goods

b. Consultants or any of their affiliates shall not be hired for any

1.8 It is the GON’s policy to require its implementing agencies, as well as

ii. “fraudulent practice” means a misrepresentation of facts in order

b. will reject a proposal for award if it determines that the Consultant

c. will cancel the Consultant’s contract if it at any time determines

d. will debar a Consultant for a stated period of time, to be awarded a

e. will have the right to require that, a provision be included requiring

1.10 Consultants shall be aware of the provisions on fraud and corruption

2. Clarification and Amendment of

ii. For assignments on a staff-time basis, the estimated number of

iii. It is desirable that the majority of the key professional staff

v. Alternative professional staff shall not be proposed, and only one

vi. Reports to be issued by the Consultants as part of this assignment

i. A brief description of the Consultant’s organization and an outline

vii. A detailed description of the proposed methodology, staffing, and

viii. Any additional information requested in the Data Sheet.

4. Submission, Receipt, and

4.2 An authorized representative of the Consultants shall initial all pages of

4.5 The completed Technical and Financial Proposals must be delivered at

5.2 Evaluators of Technical Proposals shall have no access to the Financial

5.4 In the case of Quality-Based Selection, the highest ranked Consultant is

Public Opening and Evaluation of

Public Opening and Evaluation of

5.9 In case of Fixed Budget Selection (FBS), the Consultant’s Financial

6.2 Negotiations will include a discussion of the Technical Proposal, the

7.4 If the Consultant fails to sign an agreement pursuant to Sub-Clause 7.3

7.5 If a review application is received by the Client pursuant to Clause 7.1

10. Blacklisting Consultant

a) if it is proved that the bidder committed acts pursuant to the

(iii) Available Budget for Fixed Budget Assignment : Not Applicable

(iv) The minimum required experience of proposed professional staff is:

5.1 The address to send information to the Client is:

Marks allocated for evaluation of RFP documents:

5.3 S.N Description Weightage Marks

List of Key Professionals:

Office work Field work Total

Section 3. Technical Proposal - Standard Forms

3A. Technical Proposal submission form.

3B. Consultant’s references.

3E. Team composition and task assignments.

3F. Format of curriculum vitae (CV) for proposed professional staff.