Guidelines for Employment of Consultants under JBIC ODA Loans

Section 1.01 Introduction

• (1) "Guidelines for the Employment of Consultants under JBIC ODA Loans" are applicable to the ODA Loans provided by JAPAN BANK FOR INTERNATIONAL COOPERATION (hereinafter referred to as "the BANK"), under the Section (1), Paragraph 2, Article 23 of THE JAPAN BANK FOR INTERNATIONAL COOPERATION LAW.
• (2) For the efficient and proper preparation and implementation of projects financed in whole or in part by ODA Loans of the BANK, most Borrowers of ODA Loans of the BANK require the assistance of consultants. (In these Guidelines, the term "the Borrower" also refers to the Executing Agency of the project and the term "consultant(s)" means "consulting firm(s)," individual consultants being excluded unless otherwise explicitly stated).
• (3) The purpose of these Guidelines is to indicate the BANK's views as to the proper selection and employment of consultants and the full utilization of consultants' expertise, and to ensure their impartiality, and, in addition, to set forth general rules to be followed by Borrowers in their use of consultants. How these Guidelines are to apply to a particular project financed by ODA Loans of the BANK is to be stipulated in the Loan Agreement between the BANK and the Borrower.

Section 1.02 Need for Employment of a Consultant

In most cases, the need to employ a consultant will be established jointly by the Borrower and the BANK and the Terms of Reference for their services will be drawn up, either prior to or in the course of the negotiations relating to ODA Loan of the BANK. At the same time, the two parties will agree on the approximate amount of funds required for such services.

Section 1.03 Responsibilities of the Borrower in Selection of a Consultant

The selection of a consultant for a project financed by ODA Loans of the BANK is the responsibility of the Borrower.

Section 1.04 The BANK's Files on Consultants

• (1) The BANK maintains files of information supplied by a number of consultants concerning their capability and experience.
• (2) Information in the BANK's files on consultants is available to the Borrowers who wish to review and assess the experience and qualifications of consultants they are considering for their projects. However, the information available in the BANK's reference files is limited, and it is frequently necessary for the BANK, or the Borrowers, to request additional detailed information from a particular consultant in order to form a judgment of its capability to carry out a specific assignment.
• (3) The fact that the BANK has been supplied with information about a consultant does not entitle that consultant to any contract to be financed by ODA Loans of the BANK. Neither does it indicate that the BANK endorses the consultant's qualifications in general, nor that the BANK will accept the consultant's appointment for any specific project. The BANK has no list of "approved" consultants.