Srfp consultants 21 introduction
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This document summarizes the key points of a standard request for proposals for selecting consultants. It outlines the selection process, requirements for proposals, potential conflicts of interest, unfair advantages, and the client's policy against fraud and corruption. Consultants are invited to submit technical and/or financial proposals, which will form the basis for negotiations and contracting. Consultants must avoid any conflicts of interest with other assignments and disclose any situations that could be perceived as a conflict. The client will not accept proposals involving corrupt, fraudulent, collusive or coercive practices and can cancel contracts or declare firms ineligible for such practices.
Srfp consultants 21 introduction
- 1. IntroductionSTANDARD REQUEST FOR PROPOSALSSelection of Consultants
- 2. IntroductionPara 1.1The Client named in the Data Sheet will select a consulting firm/organization (the Consultant) from those listed in the Letter of Invitation, in accordance with the method of selection specified in the Data Sheet
- 3. IntroductionPara 1.2The shortlisted Consultants are invited to submit a Technical Proposal and a Financial Proposal, or a Technical Proposal only, as specified in the Data Sheet, for consulting services required for the assignment named in the Data Sheet. The Proposal will be the basis for contract negotiations and ultimately for a signed Contract with the selected Consultant.
- 4. IntroductionPara 1.3Consultants should familiarize themselves with local conditions and take them into account in preparing their Proposals. To obtain first-hand information on the assignment and local conditions, Consultants are encouraged to visit the Client before submitting a proposal and to attend a pre-proposal conference if one is specified in the Data Sheet. Attending the pre-proposal conference is optional. Consultants should contact the Client’s representative named in the Data Sheet to arrange for their visit or to obtain additional information on the pre-proposal conference.Consultants should ensure that these officials are advised of the visit in adequate time to allow them to make appropriate arrangements.
- 5. IntroductionPara 1.4The Client will timely provide at no cost to the Consultants the inputs and facilities specified in the Data Sheet, assist the firm in obtaining licenses and permits needed to carry out the services, and make available relevant project data and reports
- 6. IntroductionPara 1.5Consultants shall bear all costs associated with the preparation and submission of their proposals and contract negotiation. The Client is not bound to accept any proposal, and reserves the right to annul the selection process at any time prior to Contract award, without thereby incurring any liability to the Consultants.
- 7. Conflict of InterestSTANDARD REQUEST FOR PROPOSALSSelection of Consultants
- 8. Conflict of InterestPara 1.6Bank policy requires that Consultants provide professional, objective, and impartial advice and at all times hold the Client’s interests paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work.
- 9. Conflict of InterestPara 1.6.1Without limitation on the generality of the foregoing, Consultants, and any of their affiliates, shall be considered to have a conflict of interest and shall not be recruited, under any of the circumstances set forth below:Conflicting activitiesConflicting assignmentsConflicting relationships
- 10. Conflict of InterestPara 1,6,1 (i)Conflicting activities A firm that has been engaged by the Client to provide goods, works or services other than consulting services for a project, and any of its affiliates, shall be disqualified from providing consulting services related to those goods, works or services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, and any of its affiliates, shall be disqualified from subsequently providing goods or works or services other than consulting services resulting from or directly related to the firm’s consulting services for such preparation or implementation. For the purpose of this paragraph, services other than consulting services are defined as those leading to a measurable physical output, for example surveys, exploratory drilling, aerial photography, and satellite imagery.
- 11. Conflict of InterestPara 1.6.1 (ii)Conflicting assignmentsA Consultant (including its Personnel and Sub-Consultants) or any of its affiliates shall not be hired for any assignment that, by its nature, may be in conflict with another assignment of the Consultant to be executed for the same or for another Client. For example, a Consultant hired to prepare engineering design for an infrastructure project shall not be engaged to prepare an independent environmental assessment for the same project, and a Consultant assisting a Client in the privatization of public assets shall not purchase, nor advise purchasers of, such assets. Similarly, a Consultant hired to prepare Terms of Reference for an assignment should not be hired for the assignment in question.
- 12. Conflict of InterestPara 1.6.1 (iii)Conflicting relationshipsA Consultant (including its Personnel and Sub-Consultants) that has a business or family relationship with a member of the Client’s staff who is directly or indirectly involved in any part ofthe preparation of the Terms of Reference of the assignment, the selection process for such assignment, or supervision of the Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Bank throughout the selection process and the execution of the Contract.
- 13. Conflict of InterestPara 1.6.2Consultants have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of their Client, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract.
- 14. Conflict of InterestPara 1.6.3No agency or current employees of the Client shall work as Consultants under their own ministries, departments or agencies. Recruiting former government employees of the Client to work for their former ministries, departments or agencies is acceptable provided no conflict of interest exists. When the Consultant nominates any government employee as Personnel in their technical proposal, such Personnel must have written certification from their government or employer confirming that they are on leave without pay from their official position and allowed to work full-time outside of their previous official position. Such certification shall be provided to the Client by the Consultant as part of his technical proposal.
- 15. Unfair AdvantageSTANDARD REQUEST FOR PROPOSALSSelection of Consultants
- 16. Unfair AdvantagePara 1.6.4If a shortlisted Consultant could derive a competitive advantage from having provided consulting services related to the assignment in question, the Client shall make available to all shortlisted Consultants together with this RFP all information that would in that respect give such Consultant any competitive advantage over competing Consultants.
- 17. Fraud and CorruptionSTANDARD REQUEST FOR PROPOSALSSelection of Consultants
- 18. Fraud and CorruptionPara 1.7It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans), as well as consultants and their agents (whether declared or not), personnel, sub-contractors, sub-consultants, service providers and suppliers, under Bank-financed contracts, observe the highest standard of ethics during the selection and execution of such contracts. In pursuance of this policy, the Bank:
- 19. Fraud and CorruptionPara 1.7 (a)defines, for the purposes of this provision, the terms set forth below as follows:“corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;“collusive practices” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;“coercive practices” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;
- 20. Fraud and CorruptionPara 1.7 (a)defines, for the purposes of this provision, the terms set forth below as follows:“obstructive practice” isdeliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, oracts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 1.7.1 below.
- 21. Fraud and CorruptionPara 1.7 (b)will reject a proposal for award if it determines that the consultant recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;
- 22. Fraud and CorruptionPara 1.7 (c) will cancel the portion of the Loan allocated to a contract if it determines at any time that representatives of the Borrower or of a beneficiary of the Loan were engaged in corrupt, fraudulent, collusive, or coercive practices during the selection process or the execution of that contract, without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur; and
- 23. Fraud and CorruptionPara 1.7 (d)will sanction a firm or an individual at any time, in accordance with prevailing Bank’s sanctions proceduresa, including by publicly declaring such firm or individual ineligible, either indefinitely or for a stated period of time: (i) to be awarded a Bank-financed contract, and (ii) to be a nominated sub-consultantb, sub-contractor, supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract.
- 24. Fraud and CorruptionPara 1.7.1. In further pursuance of this policy, Consultants shall permit the Bank to inspect their accounts and records and other documents relating to the submission of proposals and contract performance, and to have them audited by auditors appointed by the Bank.
- 25. Fraud and CorruptionPara 1.8Consultants, their agents (whether declared or not), personnel, sub-contractors, sub-consultants, service providers and suppliers shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by the Bank in accordance with the above para. 1.7. Furthermore, the Consultants shall be aware of the provisions on fraud and corruption stated in the specific clauses in the General Conditions of Contract.
- 26. Fraud and CorruptionPara 1.9Consultants shall furnish information on commissions and gratuities, if any, paid or to be paid to agents relating to this proposal and during execution of the assignment if the Consultant is awarded the Contract, as requested in the Financial Proposal submission form (Section 4).
- 27. EligibilitySTANDARD REQUEST FOR PROPOSALSSelection of Consultants
- 28. EligibilityPara 1.10A firm or an individual sanctioned by the Bank in accordance with the above para. 1.7 (d) or in accordance with the Bank Guidelines On Preventing and Combating Fraud and Corruption in Projects Financed by IBRD Loans and IDA Credits and Grants shall be ineligible to be awarded a Bank-financed contract, or to benefit from a Bank-financed contract, financially or otherwise, during such period of time as the Bank shall determine.
- 29. Eligibility of Sub-ConsultantsPara 1.11In case a shortlisted Consultant intends to associate with Consultants who have not been shortlisted and/or individual expert(s), such other Consultants and/or individual expert(s) shall be subject to the eligibility criteria set forth in the Guidelines.
- 30. Origin of Goods and Consulting ServicesSTANDARD REQUEST FOR PROPOSALSSelection of Consultants
- 31. Origin of Goods and Consulting ServicesPara 1.12Goods supplied and Consulting Services provided under the Contract may originate from any country except if:as a matter of law or official regulation, the Borrower’s country prohibits commercial relations with that country; orby an act of compliance with a decision of the United nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s Country prohibits any imports of goods from that country or any payments to persons or entities in that country.
- 32. Only One ProposalSTANDARD REQUEST FOR PROPOSALSSelection of Consultants
- 33. Only One ProposalPara 1.13Shortlisted Consultants may only submit one proposal. If a Consultant submits or participates in more than one proposal, such proposals shall be disqualified. However, this does not limit the participation of the same Sub-Consultant, including individual experts, to more than one proposal.
- 34. Proposal ValiditySTANDARD REQUEST FOR PROPOSALSSelection of Consultants
- 35. Proposal ValidityPara 1.14The Data Sheet indicates how long Consultants’ Proposals must remain valid after the submission date. During this period, Consultants shall maintain the availability of Professional staff nominated in the Proposal. The Client will make its best effort to complete negotiations within this period. Should the need arise, however, the Client may request Consultants to extend the validity period of their proposals.
- 36. Proposal ValidityPara 1.14Consultants who agree to such extension shall confirm that they maintain the availability of the Professional staff nominated in the Proposal, or in their confirmation of extension of validity of the Proposal, Consultants could submit new staff in replacement, who would be considered in the final evaluation for contract award. Consultants who do not agree have the right to refuse to extend the validity of their Proposals.