Guidelines for Employment of Consultants under JBIC ODA Loans

Date: ____________

Ref No: _________

To:________________________________________
(Name and Address of Consultant)

__________________________________________Project

Gentlemen:

• 1. (name of Borrower/Executing Agency) (hereinafter referred to as "the Government" ) is planning to (brief description of project), in (name of project area). The Government intends to employ a consultant to provide services for (categories of consulting services) for the project.
• 2. (A substantial part of) the cost of the consulting services will be financed out of the proceeds of an ODA Loan extended for the project by JAPAN BANK FOR INTERNATIONAL COOPERATION (hereinafter referred to as "BANK "), and the consultant to be employed will be selected in accordance with the Guidelines for the Employment of Consultants under JBIC ODA Loans.
• 3. You are one of (number of consultants being invited) consultants being invited to present a proposal for consulting services. For detailed information concerning the services, please refer to the Terms of Reference attached hereto.
• 4. You may undertake the work in association with other consultants (not necessarily selected from among the other consultants invited to present proposals). In such a case, the proposal shall state clearly whether the partners in the association will be "jointly and severally" responsible for performance under the consulting services contract, or whether one of the partners will be "solely" responsible, and it shall state which partner will be acting on behalf of the association in all its relations and communications with the Government.
• 5. Your proposal shall cover in detail the following:
  • (1) The background and experience of your firm (and, if any, associated firms), including a list of past and present work of a nature similar to this project in the last five years.
  • (2) The general approach and methodology which you propose for carrying out the services covered in the Terms of Reference, including such detailed information as you deem relevant, together with:
    • (a) A detailed overall work program and a bar chart indicating the duration and the timing of the assignment of each expert or other staff member assigned to the project;
    • (b) Your estimate of the total number of man-months required; and
    • (c) A clear description of the responsibilities of each expert staff member within the overall work program.
  • (3) The name, background and professional experience of each expert staff member to be assigned to the project, with particular reference to his experience of work of a nature similar to that of the proposed assignment. You are requested to cover at least the points specifically mentioned in the Terms of Reference and in this letter.
• 6. Selection of the first consultant to be invited to negotiate a contract will be made solely on the basis of the ranking of the proposals evaluated with respect to the qualifications of' the consulting firms and the expert staff to be assigned to the work and to the quality of the proposals regarding approach and methodology. You shall, therefore, not include in your proposal any information on the estimated costs or financial terms of your services. Details of the selection procedure to be followed, including the technical evaluation categories and an indication of the weight to be given to each are stated in the attached sheet.
• 7. You shall note that if you combine the functions of consultant with those of a contractor and/or a manufacturer, you must include in your proposal all relevant information regarding such relationship, along with an undertaking to the effect that you agree to limit your role to that of consultant and to disqualify yourself, your associates/affiliates and/or parent firm from work in any other capacity on this project other than that of consultant. You are also requested to state in your proposal that you will ensure that specifications and designs recommended by you will be impartial and in no way limit competitive bidding. If, in connection with the performance of the consulting services, you intend to borrow, or hire temporarily, personnel from contractors and/or manufacturers, you must include in your proposal all relevant information about such personnel. In such a case, you will be acceptable only if those contractors and/or the manufacturers disqualify themselves from work on this project other than that of consultant.
• 8. The BANK requires that consultants, as well as the Government, under contracts funded with ODA Loans of the BANK and other Japanese ODA, observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the BANK;
  • (a) will reject an evaluation of proposals if it determines that the consultant evaluated as the highest-ranked has engaged in corrupt or fraudulent practices in competing for the contract in question;
  • (b) will recognize a consultant as ineligible, for a period determined by the BANK, to be awarded a contract funded with ODA Loans of the BANK if it at any time determines that the consultant has engaged in corrupt or fraudulent practices in competing for, or in executing, another contract funded with ODA Loans of the BANK or other Japanese ODA."
• 9. We shall be grateful if you would notify us by cable not later than (_______) whether or not you intend to present a proposal. Your cable shall be addressed to (__________).
• 10. You are requested to send (_____) copies of your proposal to (________________) not later than (________).
• 11. After all proposals have been evaluated, the consultant who has submitted the first-ranked proposal will be invited to discuss the financial and other terms of a contract.
• 12. Should you desire additional information, we will do our best to provide it. Requests for additional information, or any delay in complying with such requests, shall not, however, in any way affect the obligation of firms invited to send complete proposals by the deadline indicated above.

Yours faithfully,

________________________________________
(Name of Government)

________________________________________
(Authorized Signature)

Attached: Terms of Reference

* In most cases equivalent to the Borrower referred to in these Guidelines. When an organization other than a Government is the Borrower, the phraseology will differ accordingly. (back)

* The words "with the BANK 's consent/concurrence" shall be inserted where appropriate. (back)