Pokhara University

M. Sc. Construction Management

IIIrd Semester

• Chapter:- 2 Working With Consultants

• Refer-
• Consultant Procurement Guidelines ADB (ww.adb.org)
• Consultant Procurement Guidelines WB (ww.wb.org)
• Consultant Procurement- PPA 2063; PPR, 2064
• Standard Bidding Documents for procuring Consultant, PPMO
(www.ppmo.gov.np)

Nec cps
 Meaning of a Consultant
• a person who provides expert advice professionally.
• A consultant is usually an expert or a professional in a
specific field and has a wide knowledge of the subject matter.
• A consultant is an experienced individual that is trained to
analyze and advise a client in order to help the client make
the best possible choices.
• In the general sense, a consultant is an individual with vast
knowledge and experience in a specific professional field.
• Consultants are hired to lend their expertise to clients in need
of insight they do not possess.
 Why a Consultant?
• Consultants are paid to share their expertise and knowledge to
help businesses attain goals and solve problems.
• Consulting is a wide-ranging field with positions in innumerable
industries.
• Consultants are often used prior to, and during, the start-up of a
new business or to re-energize a flailing business.
• Consultants are also brought in when a business needs
reorganization, including the termination of individual employees
or entire departments.
• A client will retain a consultant's services until the goal or
obligations of the particular endeavour have been met. The time
period for consultancy can vary in length, depending on the needs
of the client and on any unforeseen problems or additions to the
project for which the consultant was hired.
 Why We Engage consultants?
• As a disinterested or disinvested party
• As a specific expert that doesn’t reside in
house
• As a model to bring people together
• As an additional support “another pair of
hand”
• As an independent service provider
• Donors conditions
 Skills Required for a Consultant ?

• Successful consultants derive their skill set from a

combination of learned techniques acquired from
higher education and, to a lesser degree, innate
personality traits. These skills include the following:
– Logical reasoning
– Leadership
– Communication
– Ingenuity
– Ability to work well with others
 Business of an Engineering Consultant
• Engineers are involved with the design, development and
construction of a huge range of projects in the built and
natural environment.
• Their role is central to ensuring the safe, timely and well-
resourced completion of projects in many areas.
• Consulting civil engineers liaise with clients to plan,
manage, design and supervise the construction of projects.
• They work in a number of different settings and, with
experience, can run projects as a project manager.
• Civil engineering offers many opportunities as well as the
satisfaction of helping to improve and enhance public
quality of life in many settings
 Civil Engineer Consultant Responsibilities and Duties

• As a civil engineer, one will plan, design and

manage construction projects.
• These can range from the relatively small-scale, for
example bridge repairs, through to large national
schemes, like the building of a new stadium.
• In this regard the responsibility of a Civil Engineer
Consultant can be listed as-
 Plan, design and inspect construction work of various civil
projects. 
 Oversee design and construction aspects of assigned civil
projects. 
Civil Engineer Consultant Responsibilities and Duties

 Involve in groundwork and review of A&E and statement of

work (SOW). 
 Interact with civil engineers/architects for different projects. 
 Execute the work as field engineer consultant. 
 Collaborate with senior consultants to execute risk analysis
studies. 
 Execute risk management processes and construction
frameworks.
 Handle and manage asset management services. 
 Provide risk- based technical assessments. 
 Provide civil engineering related technical assistance and
training guidance.
Provision of Consultant Procurement in PPA,2063
• Chapter 4 of the Act
• Provisions Relating to Consultancy Services
• 29. Consultancy Services May be Procured:
– (1) A Public Entity may procure consultancy services from any
person, firm, organization or company in the following
conditions:-
• (a) If any work cannot be performed by the human resource available at
the concerned Public Entity, or
• (b) If a service is required to be obtained from a consultant under the
foreign aid source in accordance with an agreement with a donor party.
– (2) In procuring the consultancy services under Sub-section (1),
procurement shall be made by fulfilling the procedures referred
to in this Act.
Provision of Consultant Procurement in PPA,2063
• Chapter 4 of the Act
• Provisions Relating to Consultancy Services
 30. Short List to be Prepared by Soliciting Expression of Interest
Openly
 31. Soliciting Proposals
 32. Opening of Proposals
 33. Evaluation of Technical Proposal
 34. Opening of Financial Proposal
 35. Evaluation of Financial Proposal
 36. Rejection of Proposal and Cancellation of Procurement
Proceedings
 37. Negotiations with the Proponent
 38. Procurement Contract to be Concluded
 Other Provision for Consultancy Services
Provision of Consultant Procurement in PPA,2063
• Chapter 4 of the Act
• Provisions Relating to Consultancy Services
 31. Soliciting Proposals
– ....there shall be set forth which of the following
methods shall be used for the selection of
proposals:-
• (a) Quality and cost method,
• (b) Quality method,
• (c) Fixed Budget method, or
• (d) Least cost method.
Provision of Consultant Procurement in PPA,2063
• Chapter 4 of the Act
• Provisions Relating to Consultancy Services
 31. Soliciting Proposals
Provision of Consultant Procurement in PPA,2063
• 36. Rejection of Proposal and Cancellation of Procurement
Proceedings:
• (1) The Public Entity may reject all proposals or cancel the
procurement proceedings in the following conditions:-
– (a) If all the received proposals are not substantially responsive
to the terms of reference,
– (b) If the cost offered by the selected proponent is substantially
more than the cost estimate and available budget,
– (c) If the consultancy service is no longer required or,
– (d) If it is proved that the proponents have submitted the
proposal by mutual collusions.
– Provided that the proposal of those proponents who have not
colluded may be processed.
 Consultant’s Personnel
• Consultant/ Engineer- The Consulting Company (sole or JV but not the
associate)
• Consultant/ Engineer’s Representative- the Team Leader
• It is anticipated that the Consultant's organization will be as set out in Staffing
Input, although in preparing their proposals the consultants may propose
alternative arrangements which in their opinion, will provide supervision
services of an equivalent quality.
• Consultant’s Personnel (depending upon the nature of job)
– Deputy Team Leader
– Designer
– Quantity Surveyor
– Supervision Engineer (RE/ARE)
– Quality Control Engineer
– Claim Specialist
– Environmentalist
– Social Expert

• Qualification and experience mentioned in the contract doc.

 Consultant’s Personnel- Typical Example
S.N. Required Expertise Person-month Inputs
A. International
1 Team Leader/ Chief Resident Engineer 44 months
2 Bridge Engineer/ Expert 6 months
Total International Staff 50 months
B. National
1 Resident Engineers 156 months
2 Assistant Resident Engineers 237 months
3 Material/Pavement Engineers 126 months
4 Bridge/Structure Engineers 30 months
5 Contract Specialist 12 months
6 Transport Economist 12 months
7 Environmental/Bioengineering Specialist 12 months
8 Social/Resettlement Specialist 36 months
9 Senior Inspector of Works (SIOW) 456 months
10 Lab Technicians 234 months
11 Social resettlement staff 88 months
12 Surveyor 24 months
Professional 450 pm
Total National Staff
&Tech. Support 802 pm
 Qualification and Experience- Example
A. INTERNATIONAL STAFF
(1) Team Leader /Chief Resident Engineer
i. Educational Qualification
 Minimum  Graduate in Civil Engineering
 Desirable  Masters in Transport Engineering/Highway Engineering/ Construction
Management
i. Experience  
 Total Experience  15 years
 Experience in Related Field  12 years in Road Works
 Experience in the Proposed Field of Expertise  7 years experience as a Team Leader out of which minimum 4 years experience
with 2 Road/ Bridge projects construction supervision of size approximately
$30 million each. Experience in FIDIC contract is desirable

i. Language Communicate fluently in English Language

(2) Bridge Engineer/ Expert

i. Educational Qualification
 Minimum  Graduate in Civil Engineering
 Desirable  Masters in Bridge/ Structural Engineering
i. Experience  
 Total Experience  12 years
 Experience in Related Field  10 years in Bridge Design/ Supervision
 Experience in the Proposed Field of Expertise  5 years experience as Bridge engineer/ expert and minimum experience of
construction/ supervision of 2 pre-stressed high way bridges.

i. Language Communicate fluently in English Language

i. Experience  
i. Language Communicate fluently in English Language
 Qualification and Experience- Example
NATIONAL STAFF

1. Resident Engineer
i. Educational Qualification
 Minimum  Graduate in Civil Engineering
 Desirable  Masters in Transport Engineering/Highway Engineering/ Construction
Management
i. Experience  
 Total Experience  12 years
 Experience in Related Field  8 years in Road Works
 Experience in the Proposed Field of  5 years experience as a Resident Engineer or 10 Years as ARE in
Expertise Road Projects with minimum experience of 2 Road projects.
Experience in FIDIC contract is desirable

i. Language Communicate fluently in English Language

1. Assistant Resident Engineer

i. Educational Qualification
 Minimum  Graduate in Civil Engineering
 Desirable  Masters in Transport Engineering/ Highway Engineering/
Construction Management
i. Experience
 Total Experience  10 years
 Experience in Related Field  5 years in Road Works
 Experience in the Proposed Field of  3 years experience as a Assistant Resident Engineer or 5 Years as
Expertise SIOW (after completion of Graduation in Civil Engineering) in Road
Projects with minimum experience of 2 Road projects. Experience in
FIDIC contract is desirable

i. Language Communicate fluently in English Language

 Accepting Replacement
• Equal or better marks in aggregate
• Replacement of Key Experts (ADB)
– 30.1 Except as the Client may otherwise agree in
writing, no changes shall be made in the Key Experts.
– 30.2 Notwithstanding the above, the substitution of
Key Experts during Contract execution may be
considered only based on the Consultant’s written
request and due to circumstances outside the
reasonable control of the Consultant, including but
not limited to death or medical incapacity. In such
case, the Consultant shall forthwith provide as a
replacement, a person of equivalent or better
qualifications and experience, and at the same rate of
remuneration.
Consultant Moves in- Kick off Meeting
• Effectiveness of Contract
– This Contract shall come into force and effect on the date
(the “Effective Date”) of the Client’s notice to the
Consultant instructing the Consultant to begin carrying out
the Services. This notice shall confirm that the
effectiveness conditions, if any, listed in the SCC have been
met.
• Commencement of Services
– The Consultant shall confirm availability of Key Experts and
begin carrying out the Services not later than the number
of days after the Effective Date specified in the SCC.
• Before commencement of service there will be kick
off meeting between the client and the consultant.
 Communication With Consultant
• Law Governing Contract
– This Contract, its meaning and interpretation, and the relation between the
Parties shall be governed by the Applicable Law.
• Language
– This Contract has been executed in the language specified in the SCC, which
shall be the binding and controlling language for all matters relating to the
meaning or interpretation of this Contract.
• Headings
– The headings shall not limit, alter or affect the meaning of this Contract.
• Communications
– Any communication required or permitted to be given or made pursuant to
this Contract shall be in writing in the language specified in Clause GCC 4.
Any such notice, request or consent shall be deemed to have been given or
made when delivered in person to an authorized representative of the Party
to whom the communication is addressed, or when sent to such Party at the
address specified in the SCC.
–  A Party may change its address for notice hereunder by giving the other
Party any communication of such change to the address specified in the SCC.
 Communication With Consultant- SCC
Number of GC Amendments of, and Supplements to, Clauses in the General Conditions of
Clause Contract
1.1(b) and 3.1 The Contract shall be construed in accordance with the law of [insert country
name].
Note: Bank-financed contracts normally designate the law of the
[Government’s/Client’s] country as the law governing the contract. However, the
Parties may designate the law of another country, in which case the name of the
respective country should be inserted, and the square brackets should be removed.]
4.1 The language is English.

6.1 and 6.2 The addresses are:

Client :

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

Attention :
Facsimile :
E-mail (where permitted) :
Consultant’s Reporting Requirements
• REPORTS
•  All original drawing, work sheets, field notes, computer
program, reports, and other documents relating to the study
shall become the property of the Client.
•  Inception Report
•  The Consultant shall submit Inception Report (6 copies to the
client) within one month of the commencement of services.
The Report will include the consultants' detailed work
program (including methodology and details of special
investigation proposed and any revision needed in the original
proposal and the design criteria).
 Consultant’s Reporting Requirements

•  Construction Supervision Stage Reports

•  Progress Reports
•  The Consultants shall submit progress reports every month and detailed
quarterly reports on the progress of work (5 copies) with electronic copies.
Monthly reports shall be submitted within tenth day of successive month and
quarterly report within 15th day of the next month after the end of the
quarter. The first report will be submitted on the 10th day of the month
following the submission of the Inception Report. The reports will summarize
the work performed during the reporting period, identifying the causes of
significant delays and indication the corrective actions taken or recommended.
• Monthly reports, and other reports as applicable, are to include schedules of
contract payments and variation order, graphical representations of progress
against program, based on the approved contract schedules, charts of physical
progress on major items, relevant photographs and details of impediments to
the works and proposals for overcoming those problems and also list of
imported items, its utilization and use.
 Consultant’s Reporting Requirements
•  Construction Supervision Stage Reports
– As Built Drawings
•  The Consultants will approve the as-built drawings submitted
by the civil work contractors and transmit item to the
Government one set of as built drawings for all civil works in
digital form (CD Rom in AutoCAD compatible files) and six
hard copies thereof within time limit specified in the work
contract.
– Project Completion Report
•  Upon completion of the project, the consultants shall submit
10 copies of project completion reports.
Contributing and Listening to the Consultant
• Assistance and Exemptions
• (e) Assist the Consultant and the Experts and any Sub-consultants
employed by the Consultant for the Services with obtaining exemption
from any requirement to register or obtain any permit to practice their
profession or to establish themselves either individually or as a corporate
entity in the Client’s country according to the applicable law in the Client’s
country.
• (f) Assist the Consultant, any Sub-consultants and the Experts of either
of them with obtaining the privilege, pursuant to the applicable law in the
Client’s country, of bringing into the Client’s country reasonable amounts
of foreign currency for the purposes of the Services or for the personal use
of the Experts and of withdrawing any such amounts as may be earned
therein by the Experts in the execution of the Services.
• (g) Provide to the Consultant any such other assistance as may be
specified in the SCC.
Contributing and Listening to the Consultant
• Assistance and Exemptions
• (e) Assist the Consultant and the Experts and any Sub-consultants
employed by the Consultant for the Services with obtaining exemption
from any requirement to register or obtain any permit to practice their
profession or to establish themselves either individually or as a corporate
entity in the Client’s country according to the applicable law in the Client’s
country.
• (f) Assist the Consultant, any Sub-consultants and the Experts of either
of them with obtaining the privilege, pursuant to the applicable law in the
Client’s country, of bringing into the Client’s country reasonable amounts
of foreign currency for the purposes of the Services or for the personal use
of the Experts and of withdrawing any such amounts as may be earned
therein by the Experts in the execution of the Services.
• (g) Provide to the Consultant any such other assistance as may be
specified in the SCC.
Contributing and Listening to the Consultant
• Services, Facilities and Property of the Client
• The Client shall make available to the Consultant and the Experts,
for the purposes of the Services and free of any charge, the
services, facilities and property described in the Terms of Reference
(Appendix A) at the times and in the manner specified in said
Appendix A.
• In case that such services, facilities and property shall not be made
available to the Consultant as and when specified in Appendix A,
the Parties shall agree on (i) any time extension that it may be
appropriate to grant to the Consultant for the performance of the
Services, (ii) the manner in which the Consultant shall procure any
such services, facilities and property from other sources, and (iii)
the additional payments, if any, to be made to the Consultant as a
result thereof pursuant to Clause GCC 41.3.
Contributing and Listening to the Consultant
• Services, Facilities and Property of the Client
• Counterpart Personnel
• The Client shall make available to the Consultant free of charge such
professional and support counterpart personnel, to be nominated by the
Client with the Consultant’s advice, if specified in Appendix A.
• If counterpart personnel are not provided by the Client to the Consultant
as and when specified in Appendix A, the Client and the Consultant shall
agree on (i) how the affected part of the Services shall be carried out, and
(ii) the additional payments, if any, to be made by the Client to the
Consultant as a result thereof pursuant to Clause GCC 41.3.
• Professional and support counterpart personnel, excluding Client’s liaison
personnel, shall work under the exclusive direction of the Consultant. If
any member of the counterpart personnel fails to perform adequately any
work assigned to such member by the Consultant that is consistent with
the position occupied by such member, the Consultant may request the
replacement of such member, and the Client shall not unreasonably refuse
to act upon such request.
•  
 Contributing and Listening to the Consultant
• Access to Project Site
• The Client warrants that the Consultant shall have, free of charge, unimpeded
access to the project site in respect of which access is required for the performance
of the Services. The Client will be responsible for any damage to the project site or
any property thereon resulting from such access and will indemnify the Consultant
and each of the experts in respect of liability for any such damage, unless such
damage is caused by the willful default or negligence of the Consultant or any Sub-
consultants or the Experts of either of them.
• Payment Obligation
• In consideration of the Services performed by the Consultant under this Contract, the
Client shall make such payments to the Consultant and in such manner as is provided
by GCC.
• Taxes and Duties
• The Consultant, Sub-consultants and Experts are responsible for meeting any and all
tax liabilities arising out of the Contract unless it is stated otherwise in the SCC.
• As an exception to the above and as stated in the SCC, all local identifiable indirect
taxes (itemized and finalized at Contract negotiations) are reimbursed to the
Consultant or are paid by the Client on behalf of the Consultant.
 Handling Change in the Scope of Work
• Approval of Additional Key Experts
• If during execution of the Contract, additional Key
Experts are required to carry out the Services, the
Consultant shall submit to the Client for review and
approval a copy of their Curricula Vitae (CVs).
• If the Client does not object in writing (stating the
reasons for the objection) within twenty two (22)
days from the date of receipt of such CVs, such
additional Key Experts shall be deemed to have been
approved by the Client.
Thank You