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THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF AGRICULTURE
NATIONAL IRRIGATION COMMISSION

REQUEST FOR PROPOSAL

PROPOSAL NO.: 00005/2023/2024/C/122

FOR

Provision of Consultancy services for feasibility studies and detailed design of 3 Dams in Lindi Region

11/04/2024
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LIST OF ABBREVIATIONS
AQRB Architects and Quantity Surveyors Registration Board
Cap Chapter
CC Conditions of Contract
COI Conflict of Interest
CV Curriculum Vitae
ERB Engineers Registration Board
ES Environmental and Social
EOI Expression of Interests
FBS Fixed Based Selection
FIN Financial Form
FY Financial Year
GCC General Condition of Contracts
ICS International Competitive Selection
IFP Invitation for Pre-qualification
ITC Instruction to Consultants
JV Joint Venture
LCS Least Cost Selection
LOI Letter of Invitation
NCC National Construction Council
NCS National Competitive Selection
NeST National e-Procurement System of Tanzania
NIA Notice of Intention to Award
OAG Office of Attorney General
PE Procuring Entity
PPA Public Procurement Act, Cap 410
PPAA Public Procurement Appeals Authority
PPR Public Procurement Regulations
PPRA Public Procurement Regulatory Authority
QBS Quality Based Selection
QCBS Quality and Cost Based Selection
RFP Request for Proposal
SCC Special Conditions of Contracts
SEA Sexual Exploitation and Abuse
SH Sexual Harassment
SPD Standard Pre-qualification Document
SRFP Standard Request for Proposal
TECH Technical Form
TOR Terms of Reference

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PART I – SELECTION PROCEDURES AND REQUIREMENTS

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SECTION I: LETTER OF INVITATION

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THE UNITED REPUBLIC OF TANZANIA
MINISTRY OF AGRICULTURE
NATIONAL IRRIGATION COMMISSION

Proposal No. 00005/2023/2024/C/122

FOR

Provision of Consultancy services for feasibility studies and detailed design of 3 Dams in Lindi Region

11/04/2024

1. The Government of the United Republic of Tanzania has set aside funds for the operation of the
NATIONAL IRRIGATION COMMISSION during the financial year 2023/2024. It is intended
that part of the proceeds of the fund will be used to cover eligible payments under the contract for
the Provision of Consultancy services for feasibility studies and detailed design of 3 Dams in
Lindi Region.

2. The NATIONAL IRRIGATION COMMISSION now invites eligible consultants to submit proposals for the
following consulting services: Provision of Consultancy services for feasibility studies and detailed design of 3
Dams in Lindi Region. Details of the services are provided in the Terms of Reference.

3. The NATIONAL IRRIGATION COMMISSION now invites proposals from

GOVERNMENT_ENTERPRISE, Company Local, Company Foreign, Special Group, Partnership
Local and Partnership Foreign to indicate their interest in providing the services which include
Provision of Consultancy services for feasibility studies and detailed design of 3 Dams in Lindi
Region for a duration of 120 days.

4. A firm will be selected under Quality and Cost Based Selection and procedures described in this RFP.

5. In addition to the Letter of Invitation, the RFP includes the following documents:
Section 2: Instructions to Consultants (ITC)
Section 3: Proposal Data Sheet (PDS)
Section 4: Technical Proposal – The form is available in the system during tender submission.
Section 5: Financial Proposal – The form is available in the system during tender submission.
Section 6: Eligible Countries
Section 7: Terms of Reference
Section 8: General Conditions of Contract (GCC)
Section 9: Special Conditions of Contract (SCC)
Section 10: Forms of Contract
Section 11: Appendices

6. Consultants are required to register on NeST and pay tender participation fee as indicated in the NeST to be
able to participate in this selection process.

7. All Expression of Interests/Proposals must be properly filled in and submitted through NeST at or before 10:30
AM on 02/05/2024. Proposals will be opened promptly thereafter through NeST.

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8. The Technical Proposals shall be opened promptly thereafter on NeST and consultants may view the opening report
through NeST. The Financial Proposals shall remain unopened until the second public opening of the Financial Part,
following the evaluation of the Technical Part of the Tender.

Managing Director
P o box 146

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SECTION 2: INSTRUCTIONS TO CONSULTANTS

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A. General and Specific Instructions
Instruction to ITC Description Clause
Consultants (ITC) Sub-
Clause

1.1 The Procuring Entity (PE), as indicated in the Proposal Data Sheet (PDS),
1. Scope of issues this Request for Proposal (RFP) for the provision of Consulting
Proposal, Services as specified in the PDS and described in detail in Section 7 [Terms
Selection of Reference] in accordance with the method of selection specified in the
PDS.
Method, and
Interpretation
1.2 Only the short-listed Consultants indicated in the Letter of Invitation are to
submit a Proposal for the provision of Consulting Services required for the
assignment. The Proposal will be the basis for contract negotiations and
ultimately for a signed Contract with the selected Consultant.
1.3 The successful Consultant will be expected to complete the delivery of the
Services in accordance with the phasing indicated in the PDS. When the
assignment includes several phases, the performance of the Consultant under
each phase must be to the PE’s satisfaction before the commencement of the
next phase.
1.4 Throughout this RFP:
(a) the term “in writing” means communicated in written form with proof
of receipt;
(b) if the context so requires, singular means plural and vice versa;
(c) “Act” means the Public Procurement Act, Cap 410.
(d) “Affiliate(s)” means an individual or an entity that directly or indirectly
controls, is controlled by, or is under common control with the
Consultant.

(e) “Applicable Law” means the laws of Tanzania.

(f) “Authority” means Public Procurement Regulatory Authority.

(g) “Client” means the Procuring Entity (PE) that signs the Contract for the
services with the selected Consultant.

(h) “Consultant” means an individual expert or legally-established

professional consulting firm or an entity that may provide or provides
the services to the Client under the Contract.

(i) “Contract” means a legally binding written agreement signed between

the PE and the Consultant and includes all the attached documents
listed in its Clause 1, the General Conditions of Contract (GCC), the
Special Conditions of Contract (SCC), and the Appendices.

(j) “Day” means a calendar day.

(k) “ES” means environmental and social (including Sexual Exploitation and
Abuse (SEA) and Sexual Harassment (SH)).

(l) “Experts” means, collectively, Key Experts, Non-Key Experts, or any

other personnel of the Consultant, Sub-consultant or Joint Venture
member(s).

(m) “Joint Venture (JV)” means an association with or without a legal

personality distinct from that of its members, of more than one
Consultant where one member has the authority to conduct all

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 business for and on behalf of any and all the members of the JV, and
where the members of the JV are jointly and severally liable to the
Client for the performance of the Contract.

(n) “Key Expert(s)” means an individual professional whose skills,

qualifications, knowledge and experience are critical to the
performance of the Services under the Contract and whose CV is
taken into account in the technical evaluation of the Consultant’s
proposal.

(o) “ITC” (this Section 2 of the RFP) means the Instructions to Consultants
that provides the shortlisted Consultants with all information needed
to prepare their Proposals.

(p) “JVCA” means a joint venture, consortium, or association

(q) “LOI” (this Section 1 of the RFP) means the Letter of Invitation being
sent by the Client to the shortlisted Consultants.

(r) “Non-Key Expert(s)” means an individual professional provided by the

Consultant or its Sub-consultant and who is assigned to perform the
Services or any part thereof under the Contract and whose CVs are
not evaluated individually.

(s) “Proposal” means the Technical Proposal and the Financial Proposal of
the Consultant.

(t) “Proposal Data Sheet (PDS)” means an integral part of the Instructions
to Consultants (ITC) Section 3 that is used to reflect assignment
conditions to supplement, but not to over-write, the provisions of the
ITC.

(u) “RFP” means the Request for Proposals to be prepared by the Client for
the selection of Consultants, based on the SRFP.

(v) “Services” means the work to be performed by the Consultant pursuant

to the Contract.

(w) Sexual Exploitation and Abuse” “(SEA)” means the following:

Sexual Exploitation is defined as any actual or attempted abuse of

position of vulnerability, differential power or trust, for sexual
purposes, including, but not limited to, profiting monetarily, socially or
politically from the sexual exploitation of another.

Sexual Abuse is defined as the actual or threatened physical intrusion

of a sexual nature, whether by force or under unequal or coercive
conditions.

(x) “Sexual Harassment” “(SH)” is defined as unwelcome sexual advances,

requests for sexual favors, and other verbal or physical conduct of a
sexual nature by the Experts with other Experts, Contractor’s (if
applicable) or Client’s Personnel.

(y) “SRFP” means the Standard Request for Proposals, which must be used
by the Client as the basis for the preparation of the RFP.

(z) “Sub-consultant” means an entity to whom the Consultant intends to

subcontract any part of the Services while remaining responsible to
the Client during the performance of the Contract.

(aa)“TORs” (Section 7 of the SRFP) means the Terms of Reference that

explain the objectives, scope of work, activities, and tasks to be
performed, respective responsibilities of the Client and the
Consultant, and expected results and deliverables of the assignment.

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2. Source of Funds 2.1 The PE has allocated public funds as indicated in the PDS and intends to apply a
portion of the funds to eligible payments under the contract for which this RFP
is issued.

2.2 For the purpose of this provision, “public funds” means monetary resources
appropriated to PEs as defined in the Public Procurement Act, Cap 410.

2.3 Payments by the development partner, if so indicated in the PDS, will be made
only at the request of the Government and upon approval by the development
partner in accordance with the applicable Loan/Credit/Grant Agreement, and
will be subject in all respects to the terms and conditions of that Agreement.

3. Corrupt, 3.1 The Government requires that PE, as well as Consultants, to observe the highest
standard of ethics during the implementation of the procurement proceedings and
Fraudulent, the execution of contracts under public funds.
Collusive or
Coercive
Practices 3.2 In pursuance of this requirement, the PE shall
(a) exclude the Consultant from participation in the procurement proceedings
concerned or reject a proposal for award; and
(b) declare the Consultant ineligible for a stated period of time, from
participation in procurement proceedings under public fund;
if it, at any time, determines that the Consultant has, directly or through an
agent, engaged in corrupt, fraudulent, obstructive, collusive, coercive practices
in competing for, or in executing, a contract under public fund.

3.3 Should any corrupt, fraudulent, obstructive, or coercive practices of any kind
referred to in ITC 3.4 come to the knowledge of the PE, it shall, in the first place,
allow the Consultant to provide an explanation and shall, take actions as stated in
ITC 3.2 only when a satisfactory explanation is not received. Such exclusion and
the reasons thereof, shall be recorded in the record of the procurement
proceedings and promptly communicated to the Consultant concerned. Any
communications between the Consultant and the PE related to matters of alleged
fraud or corruption shall be in writing or in electronic forms that provide record
of the content of the communication.

3.4 The Government defines, for the purposes of this provision, the terms set forth
below as follows:
(a) “corrupt practice” means the offering, giving receiving or soliciting of
anything of value to influence the action of a public officer in the
procurement process or contract execution;
(b) “fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Government or a public body and includes collusive
practices among consultants, prior to or after submission designed to
establish prices at artificial non-competitive levels and to deprive the
Government of the benefits of free and open competition;
(c) “obstructive practice” means acts intended to materially impede access to
required information in exercising a duty under the Act;
(d) “coercive practice” means impairing or harming, or threatening to impair or
harm directly or indirectly, any party or the property of the party for the
purpose of influencing improperly the action or that party in connection
with public procurement or in furtherance of corrupt practice or fraudulent
practice; and
(e) “collusive practice” means an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the action of another party.

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 3.5 The Consultant shall be aware of the provisions on fraud and corruption stated in
GCC3 [Corrupt, Fraudulent or Coercive Practices] and GCC66.3 [Termination
for Default].

3.6 The Consultant’s and the PE’s personnel have an equal obligation not to solicit,
ask for and/or use coercive methods to obtain personal benefits in connection
with the said proceedings.

4. Eligible 4.1 Only short-listed Consultants are eligible to submit proposals. In the case of a
JVCA, all members shall be jointly and severally liable for the execution of the
Consultants Contract in accordance with the Contract terms. The JVCA shall nominate a
Lead Member who shall have the authority to conduct all business for and on
behalf of any and all the members of the JVCA during the selection process
and, in the event the JVCA is awarded the Contract, during contract execution.
The Lead Member shall at the time of contract award confirm the appointment
by submission of a Power of Attorney to the PE.

4.2 Any proposal from a JVCA shall indicate the part of proposed contract to be
performed by each party and each party shall be evaluated or post qualified with
respect to its contribution only and the responsibilities of each party shall not be
substantially altered without prior written approval of the PE.

4.3 The Consultant shall not be under a declaration of ineligibility for corrupt,
fraudulent or coercive practices in accordance with ITC3 [Corrupt, Fraudulent,
Coercive and Collusive Practices].

4.4 Government or semi-public agencies in the United Republic of Tanzania may

participate only if they are legally and financially autonomous, if they operate
under commercial law, are registered by the relevant registration board or
authorities and if they are not a dependent agency of the Government.

4.5 Foreign firms competing to be awarded non-emergency consultancy

assignments whether by tender or any other means recognized in Public
Procurement Act Cap 410 shall be required to include local experts and firms in
their teams. Appropriate weights shall be assigned by PE in the PDS so that they
are used during evaluation.

4.6 Consultants may be ineligible if –

(a) such person or firm is declared bankrupt or, in the case of company or
Consultant insolvent;
(b) payments in favour of the person, company or Consultant is suspended in
accordance with the judgment of a court of law other than a judgment
declaring bankruptcy and resulting, in accordance with the national
laws, in the total or partial loss of the right to administer and dispose of
its property;
(c) legal proceedings are instituted against such person, company or
Consultant involving an order suspending payments and which may
result, in accordance with the national laws, in a declaration of
bankruptcy or in any other situation entailing the total or partial loss of
the right to administer and dispose of the property;
(d) the person, company or Consultant is convicted, by a final judgment, of
any offence involving professional conduct;
(e) the person or Consultant is debarred and blacklisted in accordance with
Public Procurement Act from participating in public procurement for
corrupt, coercive, fraudulent, collusive or obstructive practices, breach
of a procurement contract, failure to abide with Bid Securing
Declaration and making false representation about his qualifications
during selection proceeding or other grounds as may be deemed
necessary by the Authority;

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 (f) Company or Consultant is found guilty of serious misrepresentation with
regard to information required for participation to submit proposals; or
(g) the Consultant is from an ineligible country as specified under Section VI
[Ineligible countries] of this tendering document.

4.6 The Consultant has fulfilled its obligations to pay taxes and social security
contributions under the relevant national laws and regulations.

4.7 Government officials and civil servants, including persons of autonomous

bodies or corporations may be hired to work as a member of a team of
consultants provided the person (a) is on leave of absence without pay; (b) is not
being hired by the PE he/she was working for immediately prior to going on
leave; and (c) the hiring of him/her would not create any conflict of interest.

4.8 Consultants have an obligation to disclose any situation of actual or potential

conflict of interest that impacts on their capacity to serve the best interest of the
PE, or that may reasonably be perceived as having this effect. Failure to disclose
such situations may lead to the disqualification of the Consultant or the
termination of its Contract.

5. Conflict of 5.1 General

Interest The Consultant (including any of his affiliates/associates), in reference to the
requirements that the Consultant provides professional and objective advice and
at all times hold the PE’s interests paramount, strictly avoids conflicts with other
assignments or their own corporate interests, acts without any consideration for
future work and must not have a conflict of interest (COI), shall not be recruited
under any of the circumstances specified in ITC 5.2 to 5.4 below. “COI” shall
mean a situation in which a Consultant provides biased professional advice to a
PE in order to obtain from that PE an undue benefit for himself or
affiliate(s)/associate(s).

5.2 Conflicting Activities

A firm that has been engaged by the PE to provide Services, 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 Services, 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 Services or works or services other
than consulting services resulting from or directly related to the firm’s earlier
consulting services. For the purpose of this clause, 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.

5.3 Conflicting Assignments

A 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 PE. 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 PE
in the privatization of public assets shall not purchase, nor advise PEs of, such
assets. Similarly, a Consultant hired to prepare Terms of Reference for an
assignment shall not be hired for the assignment in question.

5.4 Conflicting Relationships

A Consultant (including its Personnel and Sub Consultants) that has a business
or family relationship with a member of the PE’s staff may not be awarded a
Contract, unless the conflict stemming from this relationship has been addressed
adequately throughout the selection process and the execution of the Contract.

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 5.5 Unfair Competitive Advantage
Fairness and transparency in the selection process require that the Consultants or
their Affiliates competing for a specific assignment do not derive a competitive
advantage from having provided consulting services related to the assignment in
question. To that end, the PE shall indicate in the PDS and make available to all
shortlisted Consultants together with this RFP all information that would in that
respect give such Consultant any unfair competitive advantage over competing
Consultants.

6. Eligible Services 6.1 All material, equipment and supplies used by the Consultant and Services to be
provided under the contract shall have their origin in countries other than those
specified in the PDS.

7. Site Visit 7.1 The Consultant, at the Consultant’s own responsibility, cost and risk, is
encouraged to visit and examine the Site and obtain all information that may be
necessary for preparing the Proposal and entering into a contract for Provision of
Services.

7.2 The Consultant should ensure that the PE is advised of the visit in adequate time
to allow it to make appropriate arrangements.

7.3 If specified in PDS, the Consultant’s designated representative is invited to

attend a site visit which, if convened, will take place at a place and on the date
and time specified in the PDS. Unless specified in the PDS, non- attendance at
the site visit will not be a cause for disqualification of a Consultant.

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B. Request for Proposal
In addition to the Letter of Invitation, the RFP includes the following
8. RFP Sections 8.1
documents:
PART 1 SELECTION PROCEDURE AND PROCURING ENTITY’S
REQUIREMENTS
Section 2: Instructions to Consultants (ITC)
Section 3: Proposal Data Sheet (PDS)
Section 4: Technical Proposal – Standard Forms
Section 5: Financial Proposal – Standard Forms
Section 6: Eligible Countries
Section 7: Terms of Reference (TOR)
PART 2: CONDITIONS OF CONTRACT AND CONTRACT
FORMS
Section 8: General Conditions of Contract (GCC)
Section 9: Special Conditions of Contract (SCC)
Section 10: Contract Forms
Section 11: Appendices
8.2 The PE shall not be responsible for the completeness or incompleteness of the
RFP and any addenda if they were not obtained directly from NeST.

8.3 The Consultant is expected to examine all instructions, forms, terms, and
provisions in the RFP. Failure to furnish all information or documentation
required by the RFP may result in the rejection of the Proposal

9. RFP Clarification 9.1 A prospective Consultant requiring any clarification of the RFP may notify the
PE through NeST not later than seven (7) calendar days prior to the deadline for
the submission of Proposals.

9.2 The PE shall within three (3) working days after receiving the request for
clarification respond and publish through NeST provided that such request is
received within time prescribed in ITC 9.1. The response shall include a
description of the enquiry but without identifying its source.

9.3 Should the PE deem necessary to amend the RFP as a result of a clarification, it
shall do so following the procedure in ITC 11 [RFP Amendment].
10.1 To clarify issues and to answer questions on any matter arising in the RFP, the
10. Pre-proposal meeting.
PE may, if stated in the PDS, invite prospective Consultants to a Pre-Proposal
Meeting at the place, date and time as specified in the PDS. The Consultant is
encouraged to attend the meeting if it is held.
10.2 The Consultant may submit questions if any through NeST to reach the PE
before the pre-proposal meeting. PE may respond to questions during the
meeting, however, all questions raised and their responses will be transmitted
in accordance with ITC 10.3.
10.3 Minutes of the pre-proposal meeting, if applicable, including questions raised
by the Consultants without identifying the source and the responses given,
together with any responses prepared after the meeting will be transmitted
within three (3) working days to all short-listed Consultants through NeST.
Any modification to the RFP Sections listed in ITC 8 [RFP Sections] that
11. RFP Amendment
11.1 may become necessary as a result of the pre-Proposal meeting shall be
made by the PE exclusively through the issue of an Addendum pursuant
to this clause and not through the minutes of the Pre-Proposal meeting.
11.2 At any time prior to the deadline for submission of Proposals, the PE, for any
reason on its own initiative or in response to a clarification request from a
Consultant, may amend the RFP by issuing an addendum.
11.3 Any addendum including the notice of any extension of the deadline issued
shall be the part of the RFP and shall be communicated through NeST to all the
short-listed Consultants.
11.4 In order to allow prospective Consultants reasonable time to take an addendum
into account in preparing their Proposals, the PE at its discretion may extend
the deadline for the submission of Proposals, pursuant to ITC 28 [Proposal

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 Submission Deadline].
11.5 Where PE decides to extend the submission date, the notice of any extension of
the deadline shall be given promptly through NeST to Consultants to which the
PE issued the RFP.

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C. Proposal Preparation
12.1 A short-listed Consultant, including its affiliate(s), may submit only one (1)
12. Only one Proposal
Proposal. If a Consultant submits or participates in more than one (1)
Proposal, all such proposals shall be rejected. This does not, however,
preclude a sub-consultant, or the Consultant’s Staff from participating as
Key Experts and Non-Key Experts in more than one proposal when
circumstances justify and if stated in the PDS.
13.1 The Consultant shall bear all costs associated with the preparation and
13. Costs of Preparation
submission of its Proposal, and the PE shall not be responsible or liable for
of Proposal
those costs, regardless of the conduct or outcome of the procurement
process
14.1 The Proposal, as well as all correspondences and documents relating to the
14. Proposal:
Proposal and subsequent Contract, shall be written in the English language
Language
unless specified otherwise in the PDS. Supporting documents and printed
literature furnished by the Consultant may be in another language provided
they are accompanied by an accurate translation of the relevant passages in
the English language or language specified in the PDS, in which case, for
purposes of interpretation of the Proposal, such translation shall govern.
14.2 The Consultant shall bear all costs of translation to the governing language
and all risks of the accuracy of such translation
15. Proposal: Documents 15.1 The Proposal prepared by the Consultant shall comprise the following:
(a) Technical Proposal;
(b) Financial Proposal;
(c) Documentary evidence establishing the Consultant’s eligibility; and
(d) Post-qualification Information; and
(e) Any other document required as stated in the PDS.
16.1 In preparing its Proposal, the Consultant shall examine in detail the
16. Proposal: Preparation
documents comprising the RFP. Material deficiencies in providing the
information requested may result in rejection of a proposal.

16.2 The Consultant shall prepare the Technical Proposal in accordance with
ITC 17 [Technical Proposal Preparation] and ITC 18 [Technical Proposal:
Format and Content] using the forms furnished in Section 4: Technical
Proposal; Standard Forms.
16.3 The Consultant shall prepare the Financial Proposal in accordance with ITC
19 [Financial Proposal Format and Content] and using the forms furnished
in Section 5: Financial Proposal; Standard Forms.
16.4 All the forms mentioned in ITC 18 [Technical Proposal: Format and
Content] and ITC 19 [Financial Proposal Format and Content] shall be
completed without any material changes and alterations to its format, filling
in all blank spaces with the information requested, failing which the
Proposal may be rejected as being incomplete.
17.Technical Proposal 17.1 While preparing the Technical Proposal, a Consultant must give particular
Preparation attention to the instructions provided in ITC 17.2 to 17.7 inclusive.

17.2 If a Consultant considers that it does not have all the expertise required for
the assignment, it may obtain that expertise by associating with other
Consultants or entities in a joint venture or sub consultancy as appropriate.
Association among the short-listed Consultants at the time of submission of
a proposal is not permitted, and the PE shall disqualify such proposal.
Association of other Consultants (not short listed) in a joint venture at the
time of submission of a proposal is only permitted with the prior permission
of the PE, which must be obtained prior to the submission of a proposal. A
short-listed Consultant associating with another firm, where that firm is a
sub consultant will not require prior permission of the PE. For such cases,
the Proposal shall be submitted in the name of the short-listed Consultant.
For such sub-consultancy (etc.), the Proposal should include a covering
letter signed by an authorized representative of the Consultant with full
authority to make legally binding contractual (and financial) commitments
on behalf of the Consultant, plus a copy of the agreement(s) with the sub-

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 Consultant(s). Sub-consultancies (etc.) shall in no event relieve the short-
listed Consultant from any of its obligations, duties, responsibility or
liability under the Contract.

17.3 For Quality and Cost Based Selection (QCBS) or Least Cost Selection
(LCS) based assignments, the estimated number of Professional staff-
months is indicated in the PDS; however, the available budget shall not be
disclosed. The proposal shall be based on the number of Professional staff-
months estimated by the Consultant.

17.4 For Selection under a Fixed Budget (FBS), the available budget is given in
the PDS, and the Financial Proposal shall not exceed this budget, while the
estimated number of Professional staff-months shall not be disclosed.

17.5 Proposed professional staff shall have at least the qualification experience
indicated in the PDS, preferably working under conditions similar to
Tanzania. 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.

17.6 Alternative experts shall not be proposed, and only one Curriculum Vitae
(CV) may be submitted for each position. The CV of the key staff shall be
signed by the CV holder and an authorized official of the Consultant.

18. Technical 18.1 The Technical Proposal shall provide the following information using the
Proposal: Format Technical Proposal Standard Forms through the system:
and Content
(a) Technical Proposal Submission Form in the format of a letter, duly
signed by an authorised signatory of the Consultant:
(b) giving a brief description of the
Consultant Organization and Experience
Consultant’s organization and an outline of recent experience of
the Consultant and, in the case of an association by each partner,
on assignments of a similar nature. For each assignment, the
outline should indicate the names of Sub-Consultants/Professional
staff/experts who participated, duration of the assignment, contract
amount, and the Consultant’s involvement. Information should be
provided only for those assignments for which the Consultant was
legally contracted by the PE as a corporation or as one of the
major firms within an association. Assignments completed by
individual Professional staff/experts working privately or through
other consulting firms cannot be claimed as the experience of the
Consultant, or that of the Consultant’s associates, but can be
claimed by the Professional staff/experts themselves in their CVs.
Consultants should be prepared to substantiate the claimed
experience if so requested by the PE.
(c) Comments and suggestions to the Terms of Reference:
indicating comments and suggestions that the Consultant may have
on the Terms of Reference to improve performance in carrying out
the assignment, any requirements for counterpart staff and
facilities including: administrative support, office space, local
transportation, equipment, or data, to be provided by the PE.
(d) A pproach, Methodology and Work Plan: indicating the
approach, methodology and work plan for performing the
assignment covering the following subjects: technical approach
and methodology, work plan, and organization and staffing
schedule. The work plan should be consistent with the Work
Schedule and Planning for deliverables and should be in the form
of a bar chart showing the timing proposed for each activity.
(e) Work Schedule and Planning for Deliverables
(f) Team Composition - list of proposed Professional staff team by area

17
 of expertise, the position that would be assigned to each staff team
member, and their tasks. Estimates of the staff input (staff-months
of professionals) needed to carry out the assignment. The staff-
months input should be indicated separately for head office and
field activities.
(g) CVs of the Professional staff: being the CVs of the Professional
staff signed by the respective staff member and by the authorized
representative submitting the proposal.
(h) Code of Conduct of Experts (ES) Form.
(i) Proposal Securing Declaration.
(j) Standard Form for Power of Attorney.
(k) Anti-bribery Pledge.
(l) Plus, a detailed description of the proposed methodology, staffing,
and monitoring of training, if the PDS; specifies training as a
major component of the assignment.
(m) Any additional information that might be requested in the PDS;

18.2 The Technical Proposal shall not include any financial information.
19. Financial Proposal
19.1 The Financial Proposal shall provide the following information using the
Format and Content
Financial Proposal - Standard Forms (Section 5):
(a) Financial Proposal Submission Form in the format of a letter, duly
signed by an authorised signatory of the Consultant. Commissions
and gratuities, if any, paid or to be paid by Consultants and related
to the assignment will be listed in the form.
(b) Summary of Costs against staff remuneration, reimbursable expenses,
and the taxes;
(c) Breakdown of costs against staff remuneration;
(d) Breakdown of costs against reimbursable expenses. A sample list is
provided in the PDS;
(e) The estimate of the local taxes, duties, fees, levies and other charges
under the applicable law, on the Consultants, sub-Consultants and
their personnel.
If appropriate, all these costs should be broken down by activity.

20. Taxes 20.1 The Consultant may be subject to local taxes (such as: value added or sales
tax, social charges or income taxes on non-resident Foreign Personnel,
duties, fees, levies) on amounts payable by the Client under the Contract.
The PE will state in the PDS if the Consultant is subject to payment of any
local taxes. Any such amounts shall not be included in the Financial
Proposal as they will not be evaluated, but they will be discussed at contract
negotiations, and applicable amounts will be included in the Contract.

21. PE Inputs 21.1 The PE shall:

(a) provide at no cost to the Consultant the inputs and facilities specified
in the PDS;
(b) make available to the Consultant, relevant project data and reports at
the time of issuing the RFP; and
(c) assist the Consultant in obtaining relevant project data and reports
from other related departments/divisions, which will be required by
the Consultant to prepare the proposal.
22.1 Unless otherwise stated in PDS, alternative proposals shall not be
22. Alternative Proposals
considered. Where the RFP allows alternative proposals, a Consultant shall
quote the price for the fully compliant proposal and then, separately

18
 indicate the adjustment in price that can be offered if the deviation or
alternative solution is accepted.
23. Proposal Prices 23.1 The Consultant shall indicate on the Financial Proposal the unit prices and
total price of the Services it proposes to provide under the contract.

23.2 Prices quoted by the Consultant shall be fixed but subject to variation,
under exceptional reasons, during negotiation under ITC 43 [Proposal:
Negotiation].

24. Proposal Currency 24.1 All prices shall be quoted in currency (ies) as stated in the PDS.

25. Proposal Validity 25.1 Proposals shall remain valid for the period specified in the PDS after the
and Proposal Proposal submission deadline date prescribed by the PE.
Securing
Declaration 25.2 Consultants shall maintain the availability of Professional staff/experts
nominated in the Proposal during the Proposal validity period. The PE will
make its best effort to complete negotiations within this period.

25.3 In exceptional circumstances, prior to the expiration of the original

Proposal validity period, the PE may request Consultants to extend the
period of validity of their Proposals. The request and the responses shall be
made through NeST. If a Consultant does not respond or refuse the request,
its Proposal shall no longer be considered in the procurement proceedings.
A Consultant agreeing to the request will not be required or permitted to
modify its Proposal.
25.4 If any of the Key Experts become unavailable for the extended validity
period, the Consultant shall provide a written adequate justification and
evidence satisfactory to the PE together with the substitution request. In
such case, a replacement Key Expert shall have equal or better
qualifications and experience than those of the originally proposed Key
Expert. The technical evaluation score, however, will remain to be based on
the evaluation of the CV of the original Key Expert.
25.5 If the Consultant fails to provide a replacement Key Expert with equal or
better qualifications, or if the provided reasons for the replacement or
justification are unacceptable to the PE, such Proposal will be rejected.
25.6 Pursuant to ITC 18 [Technical Proposal: Format and Content], unless
otherwise specified in the PDS the Consultant shall furnish as part of its
Proposal, a proposal security/securing declaration in the form(s) specified
in the PDS in the format provided in the system.
25.7 The Proposal Securing Declaration is required to protect the PE against the
risk of Consultant’s conduct which would warrant the security’s execution,
pursuant to sub clause 25.10.
25.8 Any Proposal not accompanied by a Proposal Securing Declaration in
accordance with sub clause 25.6 shall be rejected by the PE as non-
responsive.
25.9 The Proposal Securing Declaration of a JVCA must be in the name of the
JVCA submitting the Proposal.
25.10 A Consultant shall be suspended from being eligible for tendering in any
contract with the PE for the period of time indicated in the Proposal
Securing Declaration:

(a) if the Consultant withdraws its Proposal, except as provided in sub-

Clauses 25.3 or

(b) in the case of a successful Consultant, if the Consultant fails within

the specified time limit to

(i) sign the contract, or

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 (ii) furnish the required performance security

26. Proposal Format and 26.1 The Consultant shall prepare the Technical Proposal as described in ITC18
Signing [Technical Proposal: Format and Content] and the Financial Proposal as
described in ITC19 [Financial Proposal Format and Content].

26.2 The Proposals shall be signed by a person or persons duly authorized to

sign on behalf of the Consultant and the authorization documents shall be
submitted together with the proposal indicating the name and position of
each signatory in accordance to the requirements of the NeST, in a format
acceptable by NeST, preferably Portable Document Format (PDF). The
authorization shall be in the format provided in the system.

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D. Proposal Submission
All Proposals shall be submitted through NeST. Proposals submitted through
27. Proposal Submission 27.1
NeST shall be considered to be true and legal versions, duly authorized and
duly executed by the Consultant, and intended to have binding legal effect.
27.2 The Proposal shall bear e-signature or digital signatures for identity and
authentication purposes and the identity of the Consultant may be verified with
a follow-up due diligence process.
27.3 Proposals submitted through NeST shall be received in full before closing time.
27.4 Consultants must ensure the integrity, completeness, and authenticity of their
submission; and in case of electronic records entered online and files
containing the proposal being unreadable for any reason, the proposal
submitted shall not be considered.

28.1 Proposals shall be received by the PE through NeST not later than the date and
28. Proposal Submission
time specified in PDS and NeST.
Deadline
28.2 The PE may, in exceptional circumstances and at its discretion and before the
expiry of the submission deadline, extend the deadline for the submission of
Proposals by amending the RFP in accordance with ITC11 [RFP Amendment],
in which case all rights and obligations of the PE and Consultants previously
subject to the original deadline will thereafter be subject to the new deadline.
29.1 NeST does not allow a Consultant to submit its Proposals after the deadline for
29. Proposal Submitted
submission of Proposals in accordance with ITC 28 [Proposal Submission
Late
Deadline].
30.1 A Consultant may modify or substitute or withdraw its proposal after it has
30. Proposal
been submitted to the PE through NeST, provided that such modification or
Modification,
substitution or withdrawal is made prior to the deadline for submission of
Substitution or
proposals prescribed under ITC 28 [Proposal Submission Deadline]. Consultant
Withdrawal
shall receive an acknowledgment of receipt of any amendment of its submitted
proposal through the system.
30.2 No Proposal may be modified, substituted, or withdrawn after the deadline for
submission of Proposals as specified in ITC 28 [Proposal Submission
Deadline].

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E. Proposal Opening and Evaluation
31.1 The opening of the Technical Proposals shall be done by the system (NeST)
31. Technical Proposal automatically and opening records shall be made available in the appropriate
Opening section of the NeST.
A Consultant or any other person with interest in the proposal process can
access proposal opening records on the appropriate section of the NeST. No
Proposal shall be rejected at the proposal opening.
31.2 The PE shall not open the Financial Proposals at this stage and shall keep
these sealed and securely stored until these are opened at the time and
manner specified in ITC 37 [Financial Proposal Opening].
32.1 Information relating to the evaluation of Proposals and recommendations
32. Confidentiality 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 winning firm has been notified that it has been awarded the
Contract. The undue use by any Consultant of confidential information
related to the process may result in the rejection of its Proposal and may be
subject to the provisions of the Government’s anti-fraud and corruption
policy.
32.2 The Evaluation Committee of Technical Proposals shall have no access to
the Financial Proposals until the technical evaluation is concluded and
approved by the PE.
33.1 The PE may, in writing, ask Consultants for clarification of their Technical
33. Proposal Proposals through NeST in order to facilitate the examination and evaluation
Clarification of Technical Proposals. The response shall be communicated through NeST
and no change in the substance of the Proposal shall be sought, offered or
permitted.
Following the opening of the Technical Proposals, and until the contract is
34. Contacting the 34.1
signed, no Consultant shall make any unsolicited communication to the PE.
Procuring Entity
Any effort by a Consultant to influence the PE in its decisions on the
34.2
examination, evaluation, and comparison of either the Technical or Financial
Proposals or contract award may result in the rejection of its Proposal.
During the evaluation of the Technical Proposals, the PE shall ascertain that
35. Examination of 35.1
no new Conflict of Interest [COI] situations have arisen since the Consultant
Conflict of Interest was short-listed. If the PE identifies a COI at this stage, it shall determine
Situation [COI] whether the specific conflict is substantive and take action by reducing the
scope of work of the assignment or rejecting the Technical Proposal.
If a Consultant or its affiliate is found to be in a COI situation during the
35.2
technical evaluation, the PE shall review the case and either disqualify the
Consultant or ask the Consultant to remove the conflict and its causes while
maintaining the transparency of the selection process, failing which the
Technical Proposal of the Consultant shall be rejected.
If a Consultant has been found to mislead the PE by neglecting to provide
35.3
information or by denying the existence of a COI situation, the Consultant’s
proposal shall be rejected.
36.1 The PE shall evaluate and rank the Technical Proposals on the basis of their
36. Proposal Technical responsiveness to the Terms of Reference, applying the evaluation criteria,
Evaluation sub criteria, and points system specified in ITC 36.2.

36.2
Technical Proposals shall be evaluated and ranked applying the
evaluation criteria, sub criteria, and point system indicated in Section for
Qualification and Evaluation Criteria.
36.3 Innovativeness will be appreciated, including workable suggestions that
could improve the quality/effectiveness of the assignment. In this regard,
unless the Consultant clearly states otherwise, it will be assumed by the PE
that work associated with implementation of any such improvements are

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 included in the inputs shown on the Consultant’s staffing schedule.
37.1 In the case of QCBS, FBS and LCS, after the technical evaluation is
37. Financial Proposal completed, the PE shall notify through NeST, those Consultants that have
Opening secured the minimum qualifying mark, indicating the date and time for
opening the Financial Proposals. The date of opening of financial proposals
shall be within seven (7) calendar days after the notification date and the
financial proposals shall be opened through NeST and opening records shall
be made available publicly in the appropriate section of the System. Where
all Consultants are qualified to have their financial proposals opened in the
case of QCBS or in the case LCS, the PE may fix shorter period for opening
of financial proposal subject to obtaining confirmation of the attendance of
all successful firms at the set date for opening.
37.2 In the Case of QBS, after the technical evaluation is completed, the PE shall
notify, through NeST, the Consultant that has secured the Maximum Score,
indicating the date and time for opening the Financial Proposals. The date of
opening of financial proposals shall be within three (3) working days after
the notification date and the financial proposals shall be opened through
NeST and opening records shall be made available publicly in the
appropriate section of the System.
37.3 The PE shall simultaneously notify those Consultants whose Technical
Proposals did not meet the minimum qualifying mark or were considered
non-responsive to the RFP, indicating that their Financial Proposals will not
be opened.
37.4 Financial Proposals shall be opened through NeST and the opening records
shall be made available publicly in the appropriate section of the System
after the Financial Proposals are opened.
38.1 The PE will review the detailed content of each Financial Proposal. During
38. Proposal: Financial the review, the PE will not be permitted to seek clarification or additional
Evaluation information from any Consultant who has submitted a Financial Proposal.

38.2 Financial Proposals will be reviewed to ensure completeness (i.e. whether

Consultants have costed all items of the corresponding Technical Proposal).
Activities and items described in Technical Proposal but not priced shall be
assumed to be included in the prices of other activities or items. The
evaluation shall include all local taxes, duties and other charges imposed
under the Applicable Law.
38.3 In case of QCBS, the lowest evaluated 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 as
follows:
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.
39.1
39. Correction of Under Lump sum Contract, the Consultant is deemed to have included all
Arithmetical prices in the Financial Proposal, so neither arithmetical corrections nor price
Errors adjustments shall be made. The total price, net of taxes understood as per
Clause ITC 39.2 below, specified in the Financial Proposal shall be
considered as the offered price.
39.2
The PE’s evaluation of the Consultant’s Financial Proposal shall exclude
taxes and duties in the Client’s country in accordance with the instructions in
the PDS.
40.1 Prices expressed in the various currencies shall be converted to a single
40. Conversion to currency as specified in the PDS in which they are payable to Tanzania
Single Currency Shilling using the selling rates of exchange issued by the Bank of Tanzania
prevailing on the date of tender opening.
41.1 In QCBS the Proposals will be ranked according to their combined technical
41. Proposal Combined (St) and financial (Sf) scores using the weights (T = the weight given to the
Evaluation Technical Proposal; P = the weight given to the Financial Proposal; T + P =

23
 1) indicated in the PDS: S = St x T% + Sf x P%. The firm achieving the
highest combined technical and financial score will be invited for
negotiation under ITC 43 [Proposal Negotiation].
41.2 In the case of Fixed-Budget Selection, the PE will select the firm that
submitted the highest ranked Technical Proposal with an evaluated price that
is within the budget. Proposals that exceed the indicated budget will be
rejected. The selected firm will be invited for negotiations under ITC 43
[Proposal: Negotiation].
41.3 In the case of the LCS, the PE will select the lowest proposal (“evaluated”
price) among those that passed the minimum technical score. The selected
firm will be invited for negotiations under ITC 43 [Proposal: Negotiation].

42. Post-qualification of 42.1 The PE shall conduct post-qualification to determine whether the Consultant
Consultants with the best-evaluated proposal has the capability, legal capacity and
resources to carry out the contract. The post-qualification shall verify,
validate, and ascertain all statements made and documents submitted by the
first ranked Consultant using non-discretionary criteria, as stated in the
Request for Proposal. The result of the post-qualification shall be embodied
in a formal report.

42.2 The criteria for post-qualification or due diligence shall

include-
(a) legal requirements: to verify, validate, and ascertain licenses,
certificates, permits, and agreements submitted by the consultant and
the fact that it is not included in any “blacklist”;
(b) technical requirements: to determine compliance of the consulting
services offered with the requirements specified in the request for
proposal including, where applicable verification and validation of the
Consultant’s stated competence and experience on similar contracts,
and the competence and experience of the Consultant’s key personnel
to be assigned to the consulting services;
(c) financial requirements: to verify, validate and ascertain the audited
financial statements of the Consultant and the financial proposal;
(d) knowledge of local working conditions;
(e) current commitments;
(f) litigation record; or
(g) any other relevant criteria as specified in the PDS.
Where the Financial Proposal of the lowest evaluated Consultant is
42.3 considered to be abnormally low, the PE shall perform price analysis as part
of the post-qualification. The following process shall apply:
(a) The PE may reject a proposal if the PE has determined that the price in
combination with other constituent elements of the proposal is
abnormally low in relation to the subject matter of the procurement
(scope of services) and raise concerns with the PE as to the ability of
the Consultant that presented that financial proposal to perform the
contract.
(b) Before rejecting an abnormally low financial proposal the PE shall
request the Consultant an explanation of the proposal or of those
parts which it considers contribute to the proposal being abnormally
low; take account of the evidence provided in response to a request in
writing or in electronic forms that provide record of the content of
communication; and subsequently verify the proposal or parts of the
proposal being abnormally low.
(c) The decision of the PE to reject a proposal and reasons for the decision
shall be recorded in the procurement proceedings and promptly
communicated to the Consultant concerned.
(d) The PE shall not incur liability solely by rejecting abnormally low

24
 financial proposal.
42.4 Where the first ranked Consultant does not meet the post-qualification
criteria; the proposal shall be rejected; and where applicable, post-
qualification shall be conducted to the next ranked Consultant.
43.1 Negotiations will be held at the address indicated in the PDS. The invited
43. Proposal: Consultant will, as a prerequisite for attendance at the negotiations, confirm
Negotiation availability of all Professional staff/experts and satisfy such other pre-
negotiation requirements as the PE may specify.
43.2 Proposal Negotiation: Technical
Negotiations will include a discussion of the Technical Proposal, the
proposed technical approach and methodology, work plan, and organization
and staffing, and any suggestions made by the Consultant to improve the
Terms of Reference. The PE and the Consultant will finalize the Terms of
Reference, staffing schedule, work schedule, logistics, and reporting. These
documents will then be incorporated in the Contract as “Description of
Services”. Special attention will be paid to clearly defining the inputs and
facilities required from the PE to ensure satisfactory implementation of the
assignment. The PE shall prepare minutes of negotiations which will be
signed by the PE and the Consultant.
43.3 Proposal Negotiation: Financial
The financial negotiations will reflect the agreed technical modifications in
the cost of the services. The financial negotiations may involve the
remuneration rates for staff and other proposed unit rates to suit the PEs
available budget commensurate with the market remuneration rates,
provided such reduction shall not make the proposal abnormally low in
accordance ITT 42.3 [Post-qualification of Consultants]. This provision is
not applicable for proposals invited under a FBS.
The financial negotiations will generally fine-tune the duration of experts’
inputs and quantities of reimbursable expenditure items may be increased or
decreased from the relevant amounts shown or agreed otherwise in the
Financial Proposal.

43.4 Availability of Professional staff/experts

Having selected the Consultant on the basis of, among other things, an
evaluation of proposed Professional staff/experts, the PE expects to
negotiate a Contract on the basis of the Professional staff/experts named in
the Proposal. Before contract negotiations, the PE will require assurances
that the Professional staff/experts will be actually available. The PE will not
consider substitutions during contract negotiations unless both parties agree
that undue delay in the selection process makes such substitution
unavoidable or for reasons such as death or medical incapacity. If this is not
the case and if it is established that Professional staff/experts were offered in
the proposal without confirming their availability, the firm may be
disqualified. Any proposed substitute shall have equivalent or better
qualifications and experience than the original candidate.
43.5 Proposal Negotiations: Conclusion
Negotiations will conclude with a review of the special conditions of
contract that will form the contract. If negotiations fail, the PE will invite the
Consultant whose Proposal received the second highest score to negotiate a
Contract, if this fails the PE shall negotiate with the remaining responsive
Consultants in order of their relative ranking, subject to the right of the PE to
reject all proposals.

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F. Contract Award
44. Contract Award 44.1 After completing negotiations and prior to awarding of the contract, the PE
shall issue a Notice of Intention to Award (NIA) the contract in the format
provided in Section 10 [Contract Forms]. The NIA shall be issued through
NeST to all Consultants who participated in the selection process giving them
seven (7) Working Days within which to submit complaints to the PE thereof,
if any.
Where no complaints have been lodged, the Consultant whose proposal has
44.2 been accepted will be notified by Letter of Acceptance through NeST of the
award by the PE prior to the expiration of the Proposal Validity Period. The
Letter of Acceptance shall be in the format provided in Section 10 [Contract
Forms] and will state the sum that the PE will pay the successful Consultant in
consideration for the execution of the scope of services as prescribed by the
Contract (hereinafter and in the Contract called the "Contract Price”).
The notification of award will constitute the documents forming the Contract,
44.3 subject to furnishing the Performance Security or Performance Securing
Declaration in accordance with ITC 45 [Performance Security or Performance
Securing Declaration] and the signing of the Contract in accordance with ITC
46 [Signing of Contract].
Within fourteen (14) calendar days after receipt of the Letter of Acceptance, the
45. Performance 45.1 successful Consultant shall deliver to the PE a Performance Security or
Security or Performance Securing Declaration, and if required in the PDS, the
Performance Environmental and Social (ES) Performance Security, in the amount and in the
form stipulated in the PDS and the SCC, denominated in the type and
Securing Declaration proportions of currencies in the Letter of Acceptance and in accordance with
the Conditions of Contract
The Performance Security or Performance Securing Declaration, and if
45.2 required, the Environmental and Social (ES) Performance Security, to be
provided by the successful Consultant, shall be in the form specified in the PDS
which shall be in any of the following:
(a) electronic money transfer, cash, certified cheque, cashier’s or
manager’s cheque, or bank draft;
(b) irrevocable letter of credit issued by a reputable commercial bank
or in the case of an irrevocable letter of credit issued by a foreign
bank, the letter shall be confirmed or authenticated by a reputable
local bank;
(c) unconditional bank guarantee confirmed by a reputable local
bank or, in the case of a successful foreign consultant bonded by a
foreign bank; or
(d) surety bond callable upon demand issued by any reputable surety
or insurance company.
In the case of Bank Guarantee or Surety Bond, they shall be in the format
provided in in the form provided in Section 10 [Contract Forms].

Any Performance Security or Performance Securing Declaration,

and if required, the Environmental and Social (ES) Performance
Security submitted shall be enforceable in the United Republic of
Tanzania.
Failure of the successful Consultant to comply with the requirements of ITC
45.3 45.1 shall constitute sufficient grounds for cancellation of the award and the PE
may resort to awarding the Contract to the next ranked Consultant or call for
new tenders.
Promptly after notification of award, PE shall send the successful Consultant
46. Signing of 46.1 the draft Contract, incorporating all terms and conditions as agreed by the
parties to the contract
Within fourteen (14) calendar days after furnishing the Performance Security or

26
 Performance Securing Declaration, the successful Consultant and the PE shall
Contract 46.2 sign the Contract.

Upon both parties signing the Contract, the PE will promptly notify
46.3 unsuccessful Consultants, the name of the winning Consultant and the Contract
amount and will discharge the Tender Securing Declaration of the unsuccessful
Consultant. The PE shall also return the unopened Financial Proposals, as the
case may be, to the unsuccessful Consultants
The PE will provide an Advance Payment as stipulated in the Conditions of
47. Advance 47.1 Contract, subject to a maximum amount, as stated in the PDS.
Payment
47.2 The Advance Payment request shall be accompanied by an Advance Payment
Security (Guarantee) in the form provided in Section 10 [Contract Forms]
47.3 For the purpose of receiving the Advance Payment, the Consultant shall make
an estimate of, and include in its Proposal, the expenses that will be incurred in
order to commence work. These expenses will relate to the purchase of
equipment, machinery, materials, and on the engagement of experts during the
first month beginning with the date of the PE’s “Notice to Commence” as
specified in the Special Conditions of Contract.
The Consultant is expected to commence the assignment on the date and at the
48. Commencement 48.1 location specified in the PDS.
of Services

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G: Review of Procurement Decisions
49.1 A Consultant who claims to have suffered or that may
49. Right to Review suffer any loss or injury as a result of a breach of a duty
imposed on a PE or an approving authority in the course of
these procurement proceedings may seek a review in
accordance with the procedure set out hereunder.
50.1 The Consultant shall submit an application for review
50. Time Limit on within Seven (7) working days of the Consultant becoming
Review
or should have become aware of the circumstances giving
rise to the complaint or dispute.
50.2 The provision of ITC 50.1 shall not apply to complaints referred to in ITC
44.1 [Contract Award].
51.1 Any application for administrative review shall be
51. Submission of submitted in writing through NeST to the Accounting
Applications for
Officer of a PE at the address shown in the PDS and a copy
Review
shall be electronically served to the Chief Executive
Officer, Public Procurement Regulatory Authority (PPRA).
51.2 For PEs with delegated procurement functions, applications for
administrative review for proposals floated by the delegated Accounting
Officer shall be submitted through NeST to the delegated Accounting
Officer with a copy served to the PPRA. The delegated Accounting Officer
shall promptly forward the same to the Accounting Officer of the PE.
51.3 The application for administrative review shall include:
(a) details of the procurement requirements to which the complaint
relates;
(b) details of the provisions of the Act, Regulations, or provision
that has been breached or omitted;
(c) an explanation of how the provisions of the Act, Regulation, or
provision have been breached or omitted, including the dates and
name of the responsible public officer, where known;
(d) documentary or other evidence supporting the complaint where
available;
(e) remedies sought; and
(f) any other information relevant to the complaint.
51.4 The Accounting Officer shall not entertain a complaint or dispute or
continue to do so after the procurement contract has entered into force.
52.1 The Accounting Office shall, within three (3) working days
52. Decision by the after receipt of the complaint or dispute, deliver a written
Accounting Officer
decision which shall indicate:
a) whether the application is upheld in whole, in part
or rejected;
b) the reasons for the decision; and
c) any corrective measures to be taken.
52.2 Where the Accounting Officer does not issue a decision within the time
specified in ITC 52.1, the Consultant submitting the complaint or dispute or
the PE shall be entitled immediately thereafter to institute proceedings under
ITC 53.1 [Review by the Public Procurement Appeals Authority] within
three (3) working days after such specified time and upon instituting such
proceedings, the competence of the Accounting Officer to entertain the
complaint or dispute shall cease.

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 53.1 Complaints or disputes which-
53. Review by the
Public Procurement a) are not settled within the specified period under
Appeals Authority ITC 52 [Decision by the Accounting Officer];
b) are not amicably settled by the Accounting
Officer; or
c) arise after the procurement contract has entered
into force pursuant to ITC 46 [Signing of Contract],
shall be referred to the Appeals Authority within Seven (7)
working days from the date when the Consultant received
the decision of the accounting officer or, in case no
decision is issued after the expiry of the time stipulated
under ITC 52 [Decision by the Accounting Officer] or
when the Consultant become aware or ought to have
become aware of the circumstances giving rise to the
complaint or dispute pursuant to ITC 50 [Time Limit on
Review].
The Appeals Authority shall, within forty five (45) days
issue a written decision concerning the complaint or dispute
stating the reasons for the decisions and the remedies
granted if any.
The decision of the Appeals Authority shall be binding to the parties on
complaint or appeal and such decision may be enforced in any court of
competent jurisdiction.
53.2 The Public Procurement Appeals Authority (PPAA) may be contacted at the
address shown in the PDS.

29
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SECTION 3: PROPOSAL DATA SHEET
PDS. REQUIRED ITC INFORMATION/DATA TO BE FILLED BY PE
NO. INFORMATION/DATA CLAUSE
1 Name of the PE 1.1 NATIONAL IRRIGATION COMMISSION
2 Service/Project/ 1.1 00005/2023/2024/C/122
Proposal
Identification
3 Description of 1.1 Provision of Consultancy services for feasibility studies and
Services detailed design of 3 Dams in Lindi Region
4 Selection Procedure 1.1 Quality and Cost Based Selection
5 Phasing of the 1.3 Not Applicable.
Assignment
6 Source of Funds and Not Applicable
2.1&2.3
Development Partner
7 Unfair Competitive Not Applicable.
5.5
Advantage
8 Eligible Services
6.1 Not Applicable
9 Site visit
7.3 The site is: Lindi Region.
Date of site visit:18/04/2024.
Time of site visit: 10:30.

10 Details of a Pre- A pre-proposal Meeting will be held on 18/04/2024 at 10:30

10.1
Proposal Meeting hours local time at Lindi Regional Irrigation Office.
For more details contact Eng Shamili.Karama,
Regional Engineer,
Telephone number 0692159149.
11 Participation of Sub- Participation of Sub-consultants, Key Experts and Non-Key
12.1
consultants, Key Experts in more than one proposal is
Experts and Non-Key NOT_ALLOWED
Experts
12 Language of Proposal
14.1 The Proposal and other documents shall be written in the
ENGLISH.
13 Other documents No additional documents are required.
15.1(e)
required to be
submitted
14 Professional Time
17.3 The estimated number of professional staff-months required for
Input
the assignment is:
15 staff months
15 Available Budget
17.4 Not Applicable

16 Qualifications of
17.5 The minimum required qualifications and experience of
Professional Staff
professional staff are as indicated in the Terms of Reference and
Qualification and Evaluation Criteria.
17 Training
18.1(l) Not Applicable.

18 Additional
18.1(m) Additional information on methodology, staffing and monitoring
information on the
of training includes;
Technical Proposal
Not applicable
19 Reimbursable The reimbursable expenses shall be the following;
19.1(d)
Expenses
1. Cost Of Printing

30
PDS. REQUIRED ITC INFORMATION/DATA TO BE FILLED BY PE
NO. INFORMATION/DATA
CLAUSE

2. Cost Of Necessary Travel

3. Cost Of Communication

4. Cost Of Training

20 Payment of Local Not Applicable.

20.1
Taxes
21 Local Taxes 20.1 Not Applicable
Exemption
22 PEs Inputs The PE will provide the following inputs and facilities; In order
21.1 (a)
to ensure a seamless and efficient project execution, the National
Irrigation Commission (NIRC) will carry out the following
duties through the Contract Implementation: a. Give the relevant
information and any data that is in the client's possession; b.
Obtain authorization to enter each location as needed to carry out
the assignment correctly; c. In order to introduce the Consultant
to other institutions, the Client must arrange communication
with them. The Consultant will bear all responsibility for
gathering data and information from the agencies and will cover
all associated expenses; d. Coordinate with other Tanzanian
government agencies, the Notification for Water Sector
Development Program in Tanzania, and any other sources of
information and documentation that the client deems necessary
for the completion of the project, and help the consultant obtain
them; e. Set up sessions for consultation and make sure the
appropriate regional authorities are connected; f. Keep the
consultant updated on the status of all other studies (pre-
feasibility, further studies, and technical support) so he can plan
and communicate as needed; and g. Will assign counterpart
technical staff to the project in order to facilitate technology
transfer and capacity building on the job.
23 Alternative Proposals Not Applicable
22.1
24 Currency of the For Foreign Consultants Currency Shall be in any freely
24.1
Proposal Convertible Currency except for local inputs which shall be
quoted in Tanzanian Shillings.

For Local Consultants Currency shall be quoted in Tanzanian

Shillings.
25 Validity Period of the 120 days after the submission deadline date.
25.1
Proposals
26 Proposal Security Proposal Securing Declarations shall be submitted with
25.6
the proposal in the format provided in the system.
27 Proposal 28.1 The Proposals must be submitted no later than:
Submission date Date: 02/05/2024.
and Time Time: 10:30 AM Local Hours.
The Proposal submission address shall be made to the
respective Procuring Entity online through NeST.
28 Exclusion of Taxes in 39.2 Not Applicable
the Evaluation of
Financial Proposal
29 Currency for The rates of exchange to be used by the Tenderer shall
40.1
Conversion be those established by the Bank of Tanzania prevailing
on the tender invitation date.
Currency for Tender Conversion: The Tanzanian
Shilling.

31
PDS. REQUIRED ITC INFORMATION/DATA TO BE FILLED BY PE
NO. INFORMATION/DATA CLAUSE
30 Weights to Technical
41.1 Weight given to Technical and Financial proposals are;
and Financial
Proposals Technical: 80
Financial: 20
31 Post-qualification 42.2 Not applicable
Criteria for
consultants
32 Address for Contract
43.1 Contract Negotiations address;
Negotiations
146
33 Form of Performance Securing Declaration in the form provided in
45.1
Performance Request for Proposal.
Security or
Performance
Securing
Declaration
34 Environmental and 45.2
ES Performance Securing Declaration
Social Performance
Security

35 Advance Payment Not Applicable

47.1
Security
36 Date of
48.1 Date of Commencement of the contract: 31/05/2024
Commencement of
the Assignment Location of the site assignment: Lindi Region, namely
Matandu, Mahonga (Kilwa) and Mahiwa (Mtama)
37 PPAA Address. 53.2 The address for Appeals to PPAA:
The Executive Secretary,
Public Procurement Appeals Authority,
Ministry of Finance and Planning,
Mkandarasi Place,
4th Floor
Jakaya Kikwete rd
P.O.BOX 1385,
Dodoma
Tanzania
Phone
Telephone:+255262962411,
Mobile:+255743505505
Fax + 255 022 2120460
Email: info@ppaa.go.tz or es@ppaa.go.tz
Website www.ppaa.go.tz

32
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SECTION 4. QUALIFICATION AND EVALUATION CRITERIA

33
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QUALIFICATION AND EVALUATION CRITERIA

Commercial Evaluation

1. Eligibility

Litigation History (SCORE: N/A)

Tenderers are required to provide litigation records resulting from contracts completed or ongoing under their execution
(In case of Joint Venture, compliance requirements are all Parties Combined – Must Meet requirements and Each
Member – Must Meet requirements).
Litigation History Start Year 2020-01-01
Litigation History End Year 2023-12-31

Completion Period (SCORE: N/A)

Tenderers are required to comply with the completion period as proposed by the procuring entity unless alternative
completion period is allowed.
Completion Time (Days) 120

2. Standard Tender Forms

Tender Validity Period (SCORE: N/A)

Consultants are required to confirm with the tender validity period specified by the Procuring Entity.
Tender Validity Period (Days) 120

Notarized Special Power of Attorney (SCORE: N/A)

Tenderers must fill in Standard Power of Attorney as per the required format and upload into the system.

3. Financial Situation and Performance

Financial Statement (SCORE: N/A)

Consultants are required to provide details of audited financial statements for the period required by the Procuring Entity.
Minimum Gross Profit Margin [Gross Profit(GP)/Total Revenue(TR)*100] 10
Minimum Debt to Equity Ratio [Total Liabilities(TL)/Total Equity(TE)] 1
Minimum Return on Assets [Profit before Tax(PBT)/Total Assets(TA)*100] 5
Financial Statement Start Date 2021-01-01
Financial Statement End Date 2022-12-31
Minimum Current Ratio [Current Assets(CA)/Current Liabilities(CL)] 1
Minimum Cash Ratio [Cash and Bank(C&B)/Current Liabilities(CL)] N/A
Minimum Working Capital [Current Assets(CA)-Current Liabilities(CL)] 1.5

Average Annual Turnover (SCORE: N/A)

34
 Consultants are required to meet average annual turnover amount as required by the procuring entity. To meet the
requirement the applicant should submit information of total certified payments received for contracts in progress and/or
completed for a period required by the procuring entity.
Average Annual Turnover Amount in TZS or any other freely convertible currency 500000000
Turnover Start Date 2020-01-01
Turnover End Date 2022-12-31

Technical Evaluation

1. Experience

Overall Firm's General Experience (SCORE: 10)

Consultant is required to provide details of Firms General Experience, reputation and details of previous similar
assignments

Firm's General Experience (SCORE: 30)

Start Year for Firm's General Experience in assignments 2021-01-01
End Year for Firm's General Experience in assignments 2023-12-31
Minimum number of general assignments 2
Minimum amount for general assignments (TZS) 500000

Experience in Previous Similar Assignments (SCORE: 50)

Title of Specialization area or Similar Tenderer is required to demonstrate experience in engineering and
Projects and Conditions detailed design of irrigation project on each project
Minimum number of similar projects 2
Minimum amount for similar projects
500000000
(TZS)
Start Year for Experience in Similar
2020-01-01
Projects and Conditions
End Year for Experience in Similar
2023-12-31
Projects and Conditions

Reputation (SCORE: 20)

Consultant is required to demonstrate reputation and quality of previous assignment by submitting
Reputation
reference letter from three clients

Knowledge of the Country (SCORE: 5)

Consultant is required to demonstrate knowledge of the country in terms of local language, culture, administrative system
and influence of government organizations.
Local Language The consultant is required to have Understanding of the Local Language

35
 Culture The consultant is required to describe need of Culture influence in carrying out the assignment
The consultant must have a knowledge of administrative systems in carrying out the
Administrative Systems
assignment.
Government The consultant must have understanding of influence of Government organization in carrying
Organization out the assignment

2. Understanding Terms of Reference

Understanding of the Terms of Reference, Methodology and Proposal Quality of the Assignment (SCORE: 20)
A consultant has to submit a quality proposal and demonstrate a clear understanding of the terms of reference, propose
technical approach, methodology, organization and staffing to carry out the assignment.

Approach, methodology and overall quality of the proposal (SCORE: 50)

Description of Approach, Methodology and The consultant must give detailed Description of Approach,
work Plan for Performing the Assignment Methodology and work Plan for Performing the Assignment

Understanding of the Terms of Reference (SCORE: 30)

Comments and suggestions on the Terms The consultant must give detailed Comments and suggestions on the
of Reference Terms of Reference

Compliance with environmental and social aspects(reliability, sustainability,social and environmental

aspects) (SCORE: 20)
Compliance to Environmental and Social The consultant must Comply to Environmental and Social

3. Key Personnel

Qualifications of Key Personnel (SCORE: 40)

Consultant has to provide details showing the qualifications of key personnel available for assignment based on the
qualification criteria in the terms of reference.

Experience in Region and Language (SCORE: 10)

Language Capabilities of the Key Experts English and or Swahili
Nationality of Key Experts Any eligible Country

General Qualifications (SCORE: 30)

Minimum
Title of Age of Professional
Required Similar required Specialized
professional staff the Key Experience and
Assignments Education Education
required Personnel Status
level
he/she must also Hydrologist Bachelor's Hydrology, Civil/ 35 years The Hydrologist

36
have prior degree in irrigation/Water and above shall be a
familiarity with Hydrology, resources professional with
flood and Civil/ irrigation Engineering proven experience
hydrological models /Water in hydrological
as it relates to resources data analysis and
multifunctional Engineering. modelling in
benefit assessments. connection with
He/she must have at river basin
least ten (10) years management and
of relevant dam/reservoir
experience in designs in
addition to fifteen developing
(15) years of total countries.
experience.
ten (10) years of
relevant experience
on projects
involving the design licensed licenced
of dams or professional professional
reservoirs, and have engineer with engineer with
He or she must
demonstrated demonstrated demonstrated
hold a 40 years
experience leading Team Leader expertise in expertise in
minimum of an and above
multidisciplinary managing water managing water
MSc degree
teams and/or serving resources or resources, which
as team leader for equivalent includes dams and
projects that receive qualification reservoirs
external funding
preferably in
developing countries
He/she shall have
proven experience
in the economic
analysis related to
construction of large
multi-purpose
schemes, cost minimum
economy or
benefit analysis, and Master degree
financial
multi-purpose Economist/Financial qualification in 35 years Registered
management or
benefit modelling of Expert economy or and above professional
any relevant
water projects financial
qualification
including economic management
benefits attributed to
irrigation
development,
tourism, water
supply for domestic
and economic uses.
minimum of familiar with the
Master's degree either Tanzania
practical working in either Environment, Government
experience in Safeguard or Environment, Environmental Environmental
35 years
undertaking ESIA Environmental Environmental Engineering, laws and
and above
studies or other Specialist Engineering, Natural regulations,
related projects Natural Resources environmental
Resources Management policies and
Management or procedures and

37
 related field. must be registered
as EIA Expert
with NEMC.
a registered
professional
engineer with
demonstrated
expertise in the
design and
have at least 15 evaluation of a
years of total variety of civil
experience, and works and
have worked on infrastructures,
a bachelor's
comparable such as irrigation
degree in
dam/reservoir and Deputy Team Civil/ Irrigation 40 and projects, road
civil/irrigation
irrigation project Leader Enginee above construction,
engineering or
design and underground
a related fiel
implementation in construction,
developing nations, dam/reservoir
especially in Africa, appurtenant
for at least 10 year structures,
hydraulic canals
connected to large
dam/reservoir
projects and
underground
works
with at least 10
years of relevant
experience in Dam/ A minimum
He/ she shall be a
reservoir design, Master's Degree
Civil/Irrigation Civil/ Irrigation 35 years registered
irrigation planning, in Civil/
Engineer Engineering and above professional
design and Irrigation
Engineer.
implementation Engineering
particularity in
Africa.
In order to prepare relevant
degree or
quantity and cost Quantity education to
advanced 35 years Registered
estimates for civil Surveyor/Cost Quantity
diploma in and above profession
works in the same or Engineer Surveyor/Cost
relevant field
similar works Engineer
five years of
relevant GIS
experience from A land surveyor A land surveyor
tasks similar to this He/she must must possess must possess
one. In order to hold a documented documented
design irrigation minimum of a experience in experience in
projects, he/she Bachelor of digital thematic 35 years digital thematic
Land Surveyor
must be proficient in Science degree mapping, and above mapping,
the use of GNSS or an Advanced topographical topographical land
data collection Diploma in land land surveys, and surveys, and GIS-
systems and the surveying GIS-based large- based large-scale
creation of maps scale projects projects
using AutoCAD
Civil 3D software.

38
 proven
experience in
ten years (10) years
geotechnical
relevant experience
investigations
including surface The Geotechnical
and analysis
exploration of Engineer shall be a
Geotechnical a Master degree including safety 35 years
physical conditions registered
Engineer in Geotechnical aspects in the and above
of sites, geophysical professional
context of
methods, and sub- Engineer
planning and
surface
design of Dam
investigations.
sand command
areas

4. Preference Schemes

Local Firm Participation (SCORE: 15)

Foreign firms are required to demonstrate mandatory inclusion of local firms.

Participation by National Experts (SCORE: 10)

Foreign firms are required to demonstrate mandatory inclusion of local experts.
PE to allocate percentage of Participation by National Experts by 50% or above 50
PE to allocate percentage of Participation by National Experts between 25% - 49% 30
PE to allocate percentage of Participation by National Experts between 1% - 24% 20
PE to allocate percentage of Participation by National Experts by 0% 0

Financial Evaluation

1. Financial Proposal

Financial Proposal (SCORE: N/A)

Consultants are required to submit priced financial proposal.

39
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SECTION 5: TECHNICAL PROPOSAL – STANDARD FORMS
SN. STANDARD FORMS REMARKS

1. Technical Proposal Submission Form. The form is available in the system during
If the Proposal is submitted by a joint tender submission.
venture, attach a letter of intent or a copy
of an existing agreement.
2. Consultant’s Organization and This information will be available in the tenderer
Experience. profile. Therefore tenderer is required to fill in all
required information in his profile before tender
application.
3. Comments or Suggestions on the Terms The form is available in the system during
of Reference and on Counterpart Staff tender submission.
and Facilities to be provided by the
Client.
4. Description of the Approach, The form is available in the system during
Methodology, and Work Plan for tender submission.
Performing the Assignment.
5. Work Schedule and Planning for The form is available in the system during
Deliverables. tender submission.
6. Team Composition, Key Experts Inputs. The form is available in the system during
tender submission.
7. CV of Professional Staff. The form is available in the system during
tender submission.
8. Proposal Securing Declaration/Proposal The form is available in the system during
Security – Bank Guarantee/Proposal tender submission.
Security – Insurance Bond
9. Power of Attorney. Power of Attorney.
10. Anti-bribery Pledge. The form is available in the system during
tenderer registration and shall apply to
all tender submissions.

40
nest-document-section-data#0f6c6bb5-23f9-4505-98d4-7c0fb0e12140#
CODE OF CONDUCTFOR EXPERTS (ES) Form
We are the Consultant, [enter the name of Consultant]. We have signed a contract with [enter the name of Client] for [enter
a description of the Services].These Services will be carried out at [enter the Site and other locations where the Services
will be carried out, as appropriate]. Our contract requires us to implement measures to address environmental and social
risks related to the Services, including the risks of sexual exploitation, sexual abuse, and sexual harassment.

This Code of Conduct is part of our measures to deal with environmental and social risks related to the Services. It applies
to all Experts in places where the Services are being carried out.

This Code of Conduct identifies the behavior that we require from all Experts.

Our workplace is an environment where unsafe, offensive, abusive, or violent behavior will not be tolerated and where all
persons should feel comfortable raising issues or concerns without fear of retaliation.

REQUIREDCONDUCT
Experts shall:

1. Carry out his/her duties competently and diligently;

2. Comply with this Code of Conduct and all applicable laws, regulations, and other requirements, including
requirements to protect the health, safety, and well-being of other Experts and any other person;

3. Maintain a safe working environment including, as applicable, by:

a. ensuring that workplaces, equipment, and processes under each person’s control are safe and without risk to
health;

b. wearing required personal protective equipment; and

c. following applicable emergency operating procedures.

4. Report work situations that he/she believes are not safe or healthy and remove himself/herself from a work situation
that he/she reasonably believes presents an imminent and serious danger to his/her life or health;

5. Treat other people with respect, and not discriminate against specific groups such as women, people with disabilities,
migrant workers or children;

6. Not engage in Sexual Harassment, which means unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature with other Experts, Contractor’s Personnel (if applicable) or Client’s
Personnel;

7. Not engage in Sexual Exploitation, which means any actual or attempted abuse of position of vulnerability,
differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or
politically from the sexual exploitation of another;

8. Not engage in Sexual Abuse, which means the actual or threatened physical intrusion of a sexual nature, whether by
force or under unequal or coercive conditions;

9. Not engage in any form of sexual activity with individuals under the age of 18, except in case of pre-existing
marriage;

10. Complete relevant training courses that will be provided related to the environmental and social aspects of the
Contract, including on health and safety matters, Sexual Exploitation and Abuse (SEA), and Sexual Harassment
(SH);

11. Report violations of this Code of Conduct; and

12. Not retaliate against any person who reports violations of this Code of Conduct, whether to us or the Client, or who

41
 makes use of grievance mechanism for Experts, if any, or the project’s Grievance Redress Mechanism.

RAISINGCONCERNS
If any person observes behavior that he/she believes may representa violation of this Code of Conduct, or that otherwise
concerns him/her, he/sheshould raise the issue promptly. This can be done in either of the followingways:
1. Contact [enter name of the Consultant’s social expertwith relevant experience in handling sexual exploitation, sexual
abuse andsexual harassment cases, or if such person is not required under the Contract,another individual designated
by the Consultant to handle these matters] inwriting at this address [ ] or bytelephone at [ ] or in person at [ ]; or
2. Call [ ] to reach the Consultant’s hotline (if any) and leave a message.
The person’s identity will be kept confidential, unless reportingof allegations is mandated by the country law. Anonymous
complaints orallegations may also be submitted and will be given all due and appropriateconsideration. We take seriously
all reports of possible misconduct and willinvestigate and take appropriate action. We will provide warm referrals toservice
providers that may help support the person who experienced the allegedincident, as appropriate.
There will be no retaliation against any person who raises aconcern in good faith about any behavior prohibited by this
Code ofConduct. Such retaliation would be aviolation of this Code of Conduct.

CONSEQUENCES OF VIOLATINGTHE CODE OF CONDUCT

Any violation of this Code of Conduct by Experts may result inserious consequences, up to and including termination and
possible referral tolegal authorities.

FOREXPERT:

I havereceived a copy of this Code of Conduct written in a language that Icomprehend. I understand that if I haveany
questions about this Code of Conduct, I can contact [enter name of Consultant’s contact person(s) with relevant
experience]requesting an explanation.
Name of Expert: [insert name]

Signature:__________________________________________________________

Date: (day month year):_______________________________________________

Countersignatureof authorized representative of the Consultant:
Signature:________________________________________________________
Date: (day month year):______________________________________________

ATTACHMENT 1: Behaviorsconstituting Sexual Exploitation and Abuse (SEA) and behaviors

constitutingSexual Harassment (SH)
ATTACHMENT 1 TO THE CODE OF CONDUCT FORM
BEHAVIORS CONSTITUTING SEXUAL EXPLOITATION AND ABUSE (SEA)AND BEHAVIORS
CONSTITUTING SEXUAL HARASSMENT (SH)
The following non-exhaustive list isintended to illustrate types of prohibited behaviors:
(1) Examples of sexual exploitation and abuse include, but are not limited to:
· An Expert tells a member of the community thathe/she can get them jobs related to the Services (e.g. cooking and
cleaning) inexchange for sex.
· An Expert that is connecting electricity inputto households says that he can connect women headed households to the
grid inexchange for sex.
· An Expert rapes, or otherwise sexually assaultsa member of the community.
· An Expert denies a person access to the Siteunless he/she performs a sexual favor.
· An Experttells a person applying for employment under the Contract that he/she will onlyhire him/her if he/she has sex
with him/her.

42
(2) Examples of sexual harassment in a work context
· An Expert comment on the appearance of anotherExpert (either positive or negative) and sexual desirability.
· When An Expert complains about comments made byanother Expert on his/her appearance, the other Expert comment
that he/she is“asking for it” because of how he/she dresses.
· Unwelcome touching of an Expert or Client’sPersonnel by another Expert.
· An Expert tells another Expert that he/she willget him/her a salary raise, or promotion if he/she sends him/her
nakedphotographs of himself/herself.

43
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PROPOSAL FOR CONSULTANT’S TRAINING
This section provides a brief description of the Consultant’s training, contents of training, training methodology, staffing
and monitoring, and an outline of the recent experience of the Consultant that is most relevant to the assignment.
A: Training Title
Provide here a brief description of the title of the training
B: Training. Contents
Provide a brief description of the topics that the Consultant will need to be used for training.
C -Consultant’s Training Experience
1:Provide a brief descriptive list of only previous similar assignments successfully completed in the last [......] years.
List only those assignments for which the Consultant was legally contracted by the PE as a company or was one of the joint
venture partners. Assignments completed by the Consultant’s individual experts working privately or through other
consulting firms cannot be claimed as the relevant experience of the Consultant, or that of the Consultant’s partners or sub-
consultants, but can be claimed by the experts themselves in their CVs. The Consultant should be prepared to substantiate
the claimed experience by presenting copies of relevant documents and references if so, requested by the PE.
D - Consultant’s Training Methodology
Provide a brief explanation of the Training methodology the Consultant will use to carry out the training assignment.
E - Consultant’s Training Staff
Provide brief explanations of the list of proposed staff.
F - Consultant’s Training Monitoring
Provide brief explanations and how monitoring will be carried out
Firm’s Name:
Authorized Signature:

44
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SECTION 6: FINANCIAL PROPOSAL - STANDARD FORMS
SN. STANDARD FORMS REMARKS

1. Financial Proposal Submission Form. The form is available in the system during
tender submission.
2. Summary of Costs. The form is available in the system during
tender submission.
3. Breakdown of Remuneration The form is available in the system during
tender submission.
4. Breakdown of Reimbursable expenses. The form is available in the system during
tender submission.
5. Breakdown of Estimates of Local Taxes, The form is available in the system during
Duties tender submission.

45
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SECTION 7: ELIGIBLE COUNTRIES
54.1 All countries are eligible except countries subject to the following
54 provisions. A country shall not be eligible if:
(a) as a matter of law or official regulation, the
Government of the United Republic of Tanzania
prohibits commercial relations with that country,
provided that the Government of the United Republic
of Tanzania is satisfied that such exclusion does not
preclude effective competition for the provision of
goods or related services required; or
(b) by 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 Government of
the United Republic of Tanzania prohibits any import
of goods from that country or any payments to persons
or entities in that country.

46
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SECTION 8: TERMS OF REFERENCE

LOT NO. 00005/2023/2024/C/122

Provision of Consultancy services for feasibility studies and detailed design of 3 Dams in Lindi
Region

GFS Code: 22031104 - consultancy fees

Project Description
2.0 Project Description
Due to Tanzania's reliance on rainfall, which is irregular, unpredictable, and unevenly distributed, the
country's agriculture has remained unstable and lowly productive. Because of reliance on rain fed
agriculture, crop productivity has been negatively impacted by weather fluctuations. As a result, there
have been repeated food shortages in the nation.
It is commonly acknowledged that Tanzania is not experiencing the best possible water resource availability for crop
production due to the current increase in global warming and climate change. Thus, Tanzania must develop irrigation
infrastructures in order to use water more effectively, which include constructing dams to store water for irrigation.
In order to ensure that there is enough water available for irrigation activities, the National Irrigation Commission
(NIRC) is looking for qualified consultants to complete carrying out feasibility studies and detailed engineering
designs for proposed three (3) dams named Matandu, Mahonga (Kilwa) and Mahiwa (Mtama) in Lindi Region.

Consultants Personnel
Item Description
Key Staff 7. Consultants Personnel
In order to complete each project component and the assignment as a
whole, the consultant must provide staff with the training and expertise
needed to do the duties to a high standard.The following lists each
member of the consulting team's qualifications and approximate
responsibilities. In the event that an expert possesses the necessary
training and experience, the consultant may suggest them for many
roles.
7.1 Team Leader: Civil/ Irrigation or Water Resources Engineer
Specialist
Qualifications:
The Team Leader (TL) must be a licenced professional engineer with
demonstrated expertise in managing water resources,which includes
dams and reservoirs. They should also be knowledgeable about
planning and construction disciplines, dam and reservoir design, and
the creation of irrigated schemes. He or she must hold a minimum of
an MSc degree,have ten (10) years of total experience, ten (10) years
of relevant experience on projects involving the design of dams or
reservoirs, and have demonstrated experience leading multidisciplinary

47
teams and/or serving as team leader for projects that receive external
funding, preferably in developing nations.Proficiency in both written
and spoken English, the capacity to write succinct reports, effective
communication skills, outstanding computer proficiency, and practical
project management system knowledge are all critical in developing
nations, especially in Africa.
Responsibilities:
In close collaboration with the project team of the Executing Agency
and other decision makers, the Team Leader will oversee the
administration and coordination of the overall study. Among his duties
will be,but are not restricted to:
(a) Oversee, plan, and guarantee quality control,a program of agreed-upon
implementation, and the timely delivery of all assignment deliverables;
(b) Act as a point of contact for his team members and the customer.
(c) Able to create a comprehensive plan to address issues with dam
designs and the advancement of irrigation schemes.
(d) Assume responsibility for organizing and submitting the assignment's
deliverables and reports.
(e) Create thorough work schedules with deadlines, allocating different team
members to each important task;
(f) In line with the Comprehensive Guideline (CGL) of irrigation
development offer technical support and direction in all areas of
the consultant services, plan and oversee the completion of the
diagnostic study steps 1-4.
(g) Plan and oversee the periodical visits to the site and irrigation service
areas for the technical supervision needed to complete the necessary
mapping and surveying as well as confirmatory testing;
(h) Keep an eye on the status of all planning and design work to make sure
that delivery date deadlines are fulfilled;
(i) In order to ensure the timely delivery and quality control of all
required outputs, including the Inception Report, VE/VA
Report,Monthly Progress Reports, Interim Report, Draft F/S
Report, and Final F/S Report, among others, a.Take the lead
and assign/delegate other tasks/activities to the members of the
Consultancy Team and support staff as may be required during
the conduct of the Study; and b. Supervise and guide the
individual experts to ensure they are coherently engaged in
study activities to collectively deliver the required outputs; and
(j) Assume responsibility for overseeing the writing and submission
of assignment deliverables and reports.
7.2 Deputy Team Leader: Civil/Irrigation Engineer/
Qualifications:

48
The Deputy Team Leader must be a registered professional engineer
with demonstrated expertise in the design and evaluation of a variety
of civil works and infrastructures, such as irrigation projects, road
construction,underground construction, dam/reservoir appurtenant
structures, hydraulic canals connected to large dam/reservoir projects
and underground works. must hold a bachelor's degree in
civil/irrigation engineering or a related field,have at least 15 years of
total experience, and have worked on comparable dam/reservoir and
irrigation project design and implementation in developing nations,
especially in Africa, for at least 10years.
Responsibility:
As deputy team leader, he/ she will be responsible for the following
tasks:
(a) Supporting the team leader in overseeing the various assessment
study activities;
(b) Assuming full responsibility, including leading the consulting
team, when the team leader is not present;
(c) Work with the other important specialists to examine and update
the design and cost parameters taken into account in earlier
studies;
(d) Compare alternative development schemes and, in consultation with
other experts or professionals, choose the best plan for the project's goal.
Make are commendation for the most practical, agreeable, and
achievable implementation strategy;
(e) To determine the degree of topography and mapping needed for design
and design review, do field work and site inspections. Identify the
type of terrain,meandering of the river and waterways;
(f) Depending on the plan that will be put into place,do hydraulic
analysis for discharge (such as flood routing, afflux
analysis)using the survey data. This also entails sizing the ogee
weir, sluice gate(s),diversion conduit, and other related
structures;
(g) Create a cost comparison of the various schemes under
consideration and use it to determine which project
development is best;
(h) Take the lead in creating the drafts of the VE/VA, Monthly
Progress Reports, Inception Report, Interim Report, Draft F/S
Report, and Final F/S Report; and
(i) Carry out any additional duties or responsibilities that the team
leader may assign you.
7.3 Civil/Irrigation Engineer

49
Qualifications:
A minimum Master's Degree in Civil/ Irrigation Engineering with at
least 10years of relevant experience in Dam/reservoir design, irrigation
planning, design and implementation particularity in Africa. He/ she shall
be a registered professional Engineer.
Responsibility:
He or she will be in charge of the following:
a) Designing the dam, or reviewing or redesigning the ones that already
exist;
b) Updating and evaluating the drainage system and the need for improvements
in the project region;
c) Calculate the water needs for crops to be cultivated in the service
area based on both past and present cropping patterns, and
calculate the irrigation water requirements based on farm level
and conveyance efficiency;
d) Create the farm level facilities, drainage channels,and drainage
structures, as well as the associated control
structures,measurement facilities, and irrigation canals, at the
feasibility level;
e) Plan changes to the drainage system and canals that will improve
farming operations by incorporating new concepts, technology,
and available options. Provide a location map with the project's name,
address, and a brief description;
f) Provide a broad project layout that includes the service area,
irrigation canal network, and drainage canal network; Provide
an irrigation and drainage network schematic diagram;
g) Provide a list of the irrigation systems;
h) Display the Dam axis, Canals, and associated structures' plan and
profile;
i) Provide an example of the proposed project's on-farm amenities;
j) Display the suggested implementation group; and
k) Perform any other duties or responsibilities that the Team Leader
assigns you, as needed, to carry out the Study.
7.4 Hydrologist
Qualifications:
The hydrologist shall have University degree in Hydrology, Civil/
irrigation /Water resources Engineering. The Hydrologist shall be a
professional with proven experience in hydrological data analysis and
modelling in connection with river basin management and
dam/reservoir designs in developing countries. They shall also have
proven track record in:

50
a) Climate change modelling and scenario building, and
b) Climate change impacts on river basins and associated economic activities
and large-scale infrastructure, including dam/reservoirs.
Along with working with the economist, he/she must also have prior
familiarity with flood and hydrological models as it relates to
multfunctional benefit assessments. He/she must have at least ten (10)
years of relevant experience in addition to fifteen (15)years of total
experience.
Responsibility:
The Hydrologist will be responsible in collecting and review of all
hydro-meteorological and river flow data and carryout all necessary
hydrological analysis in connection with river basin, dam/ reservoir
design and Irrigation water requirement.
7.5 Land Surveyor
Qualifications:
A land surveyor must possess documented experience in digital
thematic mapping, topographical land surveys, and GIS-based large-
scale projects. He/she must hold a minimum of a Bachelor of Science
degree or an Advanced Diploma in land surveying, as well as a
minimum of ten years of total experience and five years of relevant
GIS experience from tasks similar to this one. In order to design
irrigation projects, he/she must be proficient in the use of GNSS data
collection systems and the creation of maps using AutoCAD Civil 3D
software.
He/ She will perform the below tasks:
(a) Examine the project area's available maps and survey data;
(b) Create a Base Map with the anticipated Service area, Drainage area, and
head works axis location highlighted or sketched on it. The UTM Arc
1960 reference Datum must be used for the Northings and Eastings
noted thereon;
(c) Draft a write-up or work schedule for the dam axis, the canal line, and
other surveys that will serve as the foundation for the project's scheme
of development;
(d) Keep an eye on the survey work being done, including the establishment
of horizontal and vertical controls based on UTM Arc 1960 Datum, the
topographic survey of a dam or reservoir, and farms and their associated
infrastructure;
(e) Create the cross-sections, profiles, and topographic maps in accordance
with the format decided upon by NIRC; and
(f) Undertake other tasks/activities assigned/delegated by the Team
Leader as may be required during the conduct of the Study.
7.6Geotechnical Engineer

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Qualifications:
The Geotechnical Engineer shall be a registered professional Engineer
with a Master degree in Geotechnical subjects and proven experience
in geotechnical investigations and analysis including safety aspects in
the context of planning and design of Dam sand command areas. He/
She shall have a minimum of fifteen (15) years overall experience and
ten years (10) years relevant experience including surface exploration
of physical conditions of sites,geophysical methods, and sub-surface
investigations.
Responsibility: The geotechnical engineer shall be responsible in;
(a) Conducting surface exploration of physical condition of site;
(b) Conducting the sub surface investigations;
(c) Undertake all geotechnical investigation works including
appropriate tests, mitigation measures and advise accordingly.
(d) Identification of possible constrain of the site and location of borrow
pits; and
(e) To perform other responsibilities as assigned by Team leader/ Assistant
team leader
7.7Economist/Financial Expert
Qualifications:
The Economist shall have a minimum Master degree qualification in
economy. The Economist shall have a minimum of ten (10) years
overall experience and five years (5) years relevant experience. He/she
shall have proven experience in the economic analysis related to
construction of large multi-purpose schemes, cost benefit analysis, and
multi-purpose benefit modelling of water projects including economic
benefits attributed to irrigation development, tourism, water supply for
domestic and economic uses.
7 .8 Safeguard or Environmental Specialist
Qualification:
Safeguard or Environmental Specialist shall have a minimum of
Master's degree in either Environment, Environmental Engineering,
Natural Resources Management or related field. He/she must have at
least cumulative experience of ten (10) years of practical working
experience in undertaking ESIA studies or other related projects. In
addition, He/she must be familiar with the Tanzania Government
Environmental laws and regulations, environmental policies and
procedures and must be registered as EIA Expert with NEMC.
7.9 Quantity Surveyor/Cost Engineer
Qualification;
In order to prepare quantity and cost estimates for civil works in the

52
same or similar works, the expert must possess a degree or advanced
diploma and at least five years of professional experience in at least
four (4)projects.
Responsibility:
The expert will be responsible for the following:
(a) Establish or execute the review/updating of cost estimates taken
into account in prior studies; Compile the unit costs for building
supplies or building expenses in the project area;
(b) Create a unit pricing analysis for the different construction pay
items that are unique to the project site;
(c)During the master planning and feasibility stages of the project,
prepare the quantity and cost estimate of the civil works and
other components; and
(d) Complete any additional duties or responsibilities that the team
leader assigns you.
7.10Estimated Staff Months
A team of essential employees will be assembled by the consultant for
the feasibility study and detailed engineering design.
Together with the aforementioned important personnel, the consultant
will identify any support and backup personnel that are thought to be
required to help the assignment be completed successfully. Their
credentials won't be taken into account while evaluating the ideas,
though. The staffing levels listed are merely recommendations; the
consultant will decide how many people are needed based on how long
it will take to complete the requested activities effectively.
The following is the expected minimum amount of work required from
the consultant:
Table1: number of months for each key staff
Period
Number
SN Team member (Man- Total
Required
month)
1 Team Leader 1 4 4
2 Deputy Team Leader 1 3 3
3 Civil/ Irrigation Engineer 1 2 2
4 Land Surveyor 1 2 2
5 Geotechnical Engineer 1 1 1
Economist/ Financial
6 1 1 1
Expert
7 Hydrologist 1 1 1
8 Safeguard Specialist 1 1 1

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 Period
Number
SN Team member (Man- Total
Required
month)
Total Man-Months 15

Support Staff NA
Staff Leave NA

Consultant's Responsibilities

6. Consultant's Responsibilities
The Consultant responsibilities are as follows:
(a) Using qualified and competent employees, the consultant will professionally carry out engineering
services for the project's comprehensive design as outlined in this TOR, adhering to
internationally recognized standards. The consultant may, during the assignment, hire any more
experts he thinks will be needed to complete the job successfully, but at no additional expense to
the client. Work with counterpart employees is something that the consultant and his team will
be prepared and eager to do.
(b) The Consultant will make every effort to deliver the necessary services on schedule and with
diligence, as specified in the contract. In this regard, the Consultant should provide complete
curriculum vitae in the prescribed format for each member of the team proposed for the project.
The Consultant will also make an effort to keep employees who have been nominated and are
deemed qualified. Years of additional relevant experience will be viewed as advantageous.
(c) In order to ensure that the project is implemented successfully, the consultant shall be accountable for meeting
all of the financial needs of his staff, including travel expenses to and from the country, welfare benefits, and
salary.
(d) Any employee who cannot complete the task or who the client deems unfit shall have their position
filled by a consultant with a comparable level of training, experience, and skill that the client
finds acceptable.
(e) The Consultant is in charge of covering the costs of lodging, other services for his employees on the
assignment, and head office assistance. The Consultant shall also be in charge of hiring or
purchasing any cars required for the assignment, as well as organizing the transportation of all
office machinery and technical equipment. The consultant shall be in charge of scheduling and
covering the cost of any laboratory analysis, topographic data collection, soil surveying, and
other related services, as well as report printing.
(f) All supplies purchased for the research and included in the proposed cost schedule, or for which
reimbursement was requested and granted, must be turned over to the National Irrigation
Commission at the conclusion of the contract.
(g) The Consultant will be required to submit the calculation models to the Employer if asked to do so.
(h) Additionally, the consultant must maintain thorough records of all work completed on the
assignment and turnover all documents, working papers, computations, and computer data
generated during the assignment to the Project Implementation Unit. Included in the documents

54
 that need to be turned in, is the entire collection of contract drawings, sketches, specifications,
etc. These shall all be appropriately arranged in English.
(i) The Consultant Shall not assign nor sub-contract any part of the professional engineering services
under this TOR to any person or firm, except with prior written consent of NIRC.

Data, Services and Facilities to be provided by the Client

9. Client Obligations
In order to ensure a seamless and efficient project execution, the National Irrigation Commission
(NIRC) will carry out the following duties through the Contract Implementation:
a. Give the relevant information and any data that is in the client's possession;
b. Obtain authorization to enter each location as needed to carry out the assignment correctly;
c. In order to introduce the Consultant to other institutions,the Client must arrange communication with
them. The Consultant will bear all responsibility for gathering data and information from the
agencies and will cover all associated expenses;
d. Coordinate with other Tanzanian government agencies,the Notification for Water Sector
Development Program in Tanzania, and any other sources of information and documentation that
the client deems necessary for the completion of the project, and help the consultant obtain them;
e. Set up sessions for consultation and make sure the appropriate regional authorities are connected;
f. Keep the consultant updated on the status of all other studies (pre-feasibility, further studies, and
technical support) so he can plan and communicate as needed; and
g. Will assign counterpart technical staff to the project in order to facilitate technology transfer and
capacity building on the job.

Selection Procedure
5. Selection Procedure
The selection Procedure for Consultancy Services will be Quality and Cost Based Selection (QCBS) as per
PPRA, CAP 410, Revision 2022.

Background
1.0 Introduction
For the financial year2023/2024, the Government of the United Republic of Tanzania has set aside fund
for conducting feasibility studies and detailed engineering design for three (3) dams in Lindi Region named;
Matandu, Mahonga (Kilwa) and Mahiwa (Mtama) to ensure availability of adequate water for irrigation
activities.
Lack of irrigation infrastructure is the primary cause of the low crop yield and production in most of the
areas. Therefore,there is a critical need for irrigation infrastructure development to address these issues, including
construction of irrigation dams. The Government of Tanzania (GoT) is dedicated to creating irrigation
projects and related infrastructure, which will give local populations in the area new economic prospects
and change the course of the local economy.
In order to complete the work, the National Irrigation Commission is looking for qualified consultants
to complete the feasibility study and detail engineering design for the proposed three (3) dams in Lindi

55
Region

Mode of Payment
12. Mode of Payment
Mode of payment for this assignment shall be as stipulated below; -
a) Upon submission of the approved inception report;twenty-five (25) percent of the contract amount
should be paid
b) Upon submission of the approved Feasibility Study Report, thirty (30) percent of the contract amount
should be paid.
c) Thirty (30)percent of the contract acted amount should be paid upon submission of the Draft Detailed
Engineering Design Report, Drawings, Bill of Quantity, Cost Estimate, and Tender document; and
d) Upon submission of an approved Final Detailed Engineering Design Report, Construction Drawings, Bill of
Quantity, Cost Estimate and Tender Document, fifteen (15) percent of the contract should be paid.
The Consulting Firm is anticipated to be conversant with the Government Accounting and Auditing
Manual because all of these payments will be subject to the standard government accounting and
auditing procedures

Coordination Arrangements
13. Coordination Arrangements
The National Irrigation Commission's (NIRC) Director General would have direct supervision over the
Consultant. In addition to communicating with the relevant LGAs, NIRC will supervise the Consultant's
activities. At specific points during the consultancy, the Client and the Consultant will have discussions to make sure
the work is moving in an appropriate direction. The consultant(s) will prepare succinct progress reports on the state of
their work for these meetings, and these reports will be officially recorded in the meeting minutes. The following will
be provided by the client:
i). Making Local Government Authority Offices accessible and introducing the various authorities
pertinent to the assignment;
ii). Setting up meetings to validate the reports
iii). Designating counterpart employees to collaborate with the consultant in the fields of Engineering, Land
Survey, Environment and Sociology to build the employees capacity; and
iv). Assist applications for licences and approvals, such as those needed for aerial surveys.
The consultant will plan a work schedule and produce the necessary results, arrange for their own office
space and transportation, review all pertinent reports, articles, and other sources of information, visit
and communicate with all pertinent departments, organizations, and other project stakeholders in
Tanzania.Additionally, the consultants and counterpart personnel must to collaborate closely.

Scope of the Assignment

4. Scope of the Assignment
The following are the contents of the assignment's scope:
i. The Consultant is expected to perform all the services required to achieve the objectives of the
assignment in a fully professional manner and is required to adopt state of the art and the most
economical and effective engineering concepts for the design works.

56
ii. In carrying out the work the Consultant shall at all times co-operate with the client and keep them
fully informed regarding the progress of all stages of works.

iii. The Consultant shall carry out all the tasks necessary to achieve the defined objectives which
shall include:
a) Carry out topographical survey for the dam area;
b) Carry out Geotechnical Investigation and seismology test and simulation specifically in dam’s parameters used
in design;
c) Conduct Water Resource and Hydrological study;
d) Conduct Environmental and Social Impact Assessment (ESIA);
e) Conduct Detail Engineering Design
f) Carry out financial and economic analysis.
a) Topographical Survey:
Consultant will be required to:
i. Carry out topographical surveys to facilitate the location of permanent control points, structures, and
computation of quantities of earthworks.
ii. All topographic surveys undertaken by the Consultant shall be according to the Land Surveying and
Mapping Standards of Tanzania, and shall be recorded in standard survey field
books/electronic data book, which shall be submitted and become the property of the Client
at completion of the assignment.
iii. Permanent control points shall be established at a maximum interval of 250m along the dam site,
thereafter to be distributed to a maximum of 500m as secondary points, which should be
inter-visible along the irrigated area.
iv. Monumentation of all primary control points shall be made using 16mm steel pins embedded in 1.0m
deep cast in-situ concrete. The description cards for the control points shall be prepared and
submitted to the Client and detailed in the report to be submitted to the Client for future
reference
v. The Consultant shall liaise with the Ministry responsible for Lands for the existing National
Grid/Datum reference beacons and benchmarks in order to establish the permanent control
points. The co-ordinates of all intersection points shall be in the Universal Transverse
Mercator (UTM) system and shall be tied to the National Survey Grid, and levels related to
the National Benchmarks.
vi. The topographic data shall be available and presented on maps with a scale of 1:4000.
vii. In addition, electronic copies of the topographic data saved in MS Excel and topographic drawings
in DXF or DWG format shall be submitted in CD ROMs to the Client and become his
property.
viii. The Consultant shall carry out topographic mapping of upstream area (Reservoir Area).
ix. The Consultant shall survey and prepare a Dam site map with a grid system of 25m x25m interval at
scale of 1:1000 and contour interval of 0.5m intermediate contour, and 1.0m index contour.
x. Topographical Maps of potential access roads, site camp, and permanent housing area and
construction facilities shall be prepared with a scale of 1:2000 and contour interval of 1.0
meter.

57
xi. The Consultant shall survey and prepare downstream map with a grid of 25m x 25m intervals at
1:5000 scale and contour intervals of0.5m intermediate contour and 1.0m index contour plus
river cross-section covering at least 5km: at every 25m interval.
xii. The Consultant shall map the entire Project Area including upstream and downstream, potential
communities, infrastructures and land use to be impacted by the project.
xiii. The Consultant shall prepare aerial digital photography in full colour of the project area that will be
used to produce geo-referenced orthophoto mosaics maps of 1:5000 scales.
xiv. The following specifications are expected in this kind of activity:
a) Ground resolution: Pixel size (0.15-2m)
b) Digital terrain model with a 15 cm pixel with 15 cm spot height.
c) Spectral resolution: Visible channels red, green, or blue
d) For accurate determination of dwellings, affected properties /infrastructure, a resolution of 2
meters is preferred.
e) Geometrical accuracy: 2-5 m with control points.
f) Coordinate system: UTM (WGS 84)
g) Format: Geo coded TIFF
xv. Using the mapping results, the Consultant shall determine suitable dam site at a suitable scale to
determine dam body volume,H-V-A curve, define relationship between reservoir volume and
inundation area along with reservoir depth (water elevation).
xvi. Determine location of associated infrastructures including spillway and communities’ settlement
areas
xvii. The Consultant shall survey with a grid system of 50meters interval for Topographic map of the
project area (layout) and prepare maps at a scale of not more than 1:1000 at a contour
interval of not more than1 meter for steep (25%) area and not more than 0.5m for plain and
undulating areas shall be established, the topographic map should also show every major
feature in the project area - including traditional canals, water fetching points/springs,
settlements, foot path and cattle crossings, gullies, trees,bench marks, hills, graves; and
xviii. The consultant will be required to give the designed,developed and potential irrigable area to the
schemes in the study area.

b) Geological and Geotechnical Investigation

Consultant will be required to determine:
i. The general geologic and tectonic setting of the site area by analysis of the lithology, stratigraphy and structural
geology and tectonic history and through existing relevant documentation;
ii. The geologic conditions related to selection of Dam site;
iii. The characteristic of the foundation soils and rocks;
iv. Other geologic conditions (such as fault) that may influence design, construction and long-term operation;
v. Seismicity and earthquake intensity in the project area;
vi. Identify if the high-risk areas of ground are still moving or likely to move (evidence of tension cracking, high
ground water or inflow of surface water (such as irrigation), ground creep etc.).
vii. Slope stability analysis of soil and rock slopes: (Depth and configuration of the failures) Soil/rock classification,
strength and density of soil/rock materials and the configuration of soil/rock strata, including basic

58
 geological indicators (e.g. strike/dip and other features such as fissures, faults, discontinuities etc.)
Groundwater table and surface/subsurface soil moisture conditions,Analyze the stability of rock/soil
slopes, and determine if the excavated rock/soil faces are likely to fail (planar sliding along a
discontinuity, wedge failure, or toppling failure).
viii. Inspect high risk locations to define potential engineering solutions.
ix. The sources of construction material in the vicinity of the project area(recommendations on the construction
materials in more than two sites;
x. Geophysical properties through trial pits at appropriately selected locations for soil and geophysical identification
and assessing soil properties relevant for the project;
xi. Geophysical properties through boring test by using exploration Soil Testing Drill Rigs Equipment to average
depth of 40m (Borings should be deep enough to define and evaluate the potential for deep
stability problems at the site) a tappropriately 100m apart on selected locations of spillway and dam
axis for soil and geophysical identification for dam embarkment construction.
xii. Uncertainties arising from interpretation of geophysical results and their possible impacts on cost and project
viability;
xiii. Determine requirements for engineering structures such as embarkment, intake, spillway,flood dyke, and all
other dam structures in relation to geotechnical.
xiv. Geological profile for the irrigation weir (if any) and Dam foundations, reservoir rim area and potential project
command area, showing all geological structures in place and inducing the potential permeability and
stability;
xv. Geological map of the reservoir and rim, drawn to sufficient detail commensurate to permit identification and
assessment of potential leakage path;
xvi. Georeference with reporting on map possible sources of construction materials, and carry out basic tests to assess
their engineering properties;

c) Water Resources and Hydrological study

The consultant will be required to:
i. Assess the data quality available water runoff and rainfall data;
ii. Carry flow measurement in the river at the proposed Dam site;
iii. Quantify monthly runoff at different sites location;
iv. Adopt appropriate hydrological techniques to derive the required design flow including extreme river flow
and hydrological statistic from the nearest available gauging station, where sufficient hydro-
meteorological data are not available;
v. Assess the spatial and season fluctuations of climatic variables on the hydrological characteristics for the
project;
vi. Undertake hydrological analysis to estimate reservoir yield, design floods to facilitate design and sizing of
various hydraulic structures such as reservoir, spillway and outlet structures;
vii. Determine the current and potential future water uses, including environmental flow and demand for the
identified current water uses at the project area;
viii. Assess and quantify current and planned upstream water uses and their impact to the proposed project;
ix. Determine sediments load including the projections of future changes in upstream sediments release based
upstream development plan;
x. Forecasting of dead storage volume and the future rate of reduction of live storage and reservoir trap

59
 efficient;

d) Environmental and Social Impact Assessment

Contractor will be required:
i). To carry out full environmental and social Impact Assessment of the project as per the Environmental
Management Act, 2004 and its regulation and guidelines but not limited to international
guidelines as well.
ii). To assemble, evaluate and present baseline data on the relevant environmental, socio-economic, and
physical cultural heritage characteristics within the project site.
iii). To identify and describe the Triggered national and international legislatives governing
environmental quality, health and safety, irrigation, gender issues, protected
areas,protections of endangered species, land use control, land acquisition and involuntary
resettlement, water resources management, etc.,
iv). To identify and carry out stakeholders’ consultations; which will identify affected and interested
people with the project, raised views and concerns.
v). Shall propose any interventions that are to be considered in the design and implementation of the
project,systematically compare feasible alternatives to the proposed project site,technology,
design, and operation.
vi). To identify the potential positive and negative social, economic and environmental impacts of the
project. The Consultant must describe impacts quantitatively, in terms of environmental costs and
benefits, and assign economic values.
vii). To recommend cost-effective measures for minimizing or eliminating adverse impacts of the
proposed construction, operation and maintenance of the project.
viii). To develop a comprehensive and implementable Environmental and Social Management Plan
(ESMP) and Environmental and Social Monitoring plan (according to the most suitable solution, in a
way that becomes easy to integrate in all project phases).
ix). To prepare Emergency Preparedness and Response Plan (EPRP) in case of any disaster or dam
failure
x). To prepare Grievance Redress Mechanism that will identify resolution procedures and grievance
management.
xi). To prepare any Resettlement Action Plan of affected people by the project.
xii). Note:The registration and review fee shall be incorporated in the consultancy fee.Moreover, the
consultancy shall make arrangements for site verification.
e) Detailed Engineering Design

Consultant will be obliged to carry out the following:

i. Preliminary and detailed engineering design of hydraulic and structural of the Dam/Reservoirs,spillway and major
irrigation structures (as applicable) with respect to maximum flood estimates and subsurface hydraulic
analysis for the determination of maximum scour depth and the safe level of cut-offs, safe economic
arrangement of energy dissipating mechanism keeping the geologic and geo-technique information into
consideration;
ii. Flood protection structures,retaining walls, flood dyke, intake, bottom outlet and gates (as applicable)shall

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 be designed and properly given consideration on both structural and hydraulic safety;
iii. The Consultant shall prepare dam/reservoir safety plans;
iv. Prepare general plans and drawings for Dam and head work (if any) sites design and all irrigation
infrastructures (canals, drains, roads and all associated structures);
v. Design access roads, which will connect the project to the nearby road network,the road to the
diversion sites and to the selected borrow areas;
vi. Prepare specifications and priced Bill of Quantities and construction schedule accordingly. The work
items and construction schedules will be presented to the client and other stakeholders so that it will be
discussed and approved. The priced bills of quantities are to be prepared based on prevailing
construction market rates.

f) Economic Analysis
The Consultant shall conduct the economic and financial analysis covering the following aspects:
i. Conduct cost benefit analysis of the final design on economic and financial terms. Presented
indicators will include NPV (Net Present Value), B/C (benefit cost ratio), and EIRR
(Economic Internal Rate of Return).
ii. While cost estimates are tabulated with unit costs and estimated quantities for project components as
well as physical and financial contingencies, benefits should cover direct ones from water
supply (irrigation and drinking water), river crossing etc.
iii. Prepare project cost budget tables on an annual basis.The duration of the analysis should cover the
construction phase and operational phase.
iv. The costs of the environmental management/mitigation measures and resettlement costs should be
included as a cost to the project. The cost of additional adaptation measures to Climate
Change (altered dam design and operations and other measures) should be defined. The
cost of the construction management shall also be included in the estimates as separate
items. Appropriate contingencies will be applied to take account of factors which cannot
be adequately defined at the feasibility study phase.

Deliverables/Reports
Item Description
Acceptable Inception Report. 10. Deliverables/Reports
The National Irrigation Commission (NIRC), which will establish a
Technical Committee to examine the reports and provide the
consultant with appropriate advice, will be the consultant's ultimate
accountability. The consultant will deliver hard copies and electronic
files of the reports listed below in English to the client.
i. Acceptable Inception Report.
After contract award, the Consultant shall provide five (5) copies of
the inception report within twenty (20) days from contract award. The
report will include an overview of the Consultants' organization, work
program (including a comprehensive work plan), methodology,

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 workforce involvement timetable and reporting schedule.

Acceptable Feasibility Study ii. Acceptable Feasibility Study Report

Report
Five (5) copies of the feasibility report for the dam and irrigation
systems must be turned in within sixty(60) days of the contract signing
date. In order for the consultant(s) to take the client's feedback into
account and move forward with the Detailed Engineering Design stage
of preparation, the report.

Acceptable Draft Detailed iii. Acceptable Draft Detailed Engineering Design Report
Engineering Design Report
The submission of the draft engineering design report and five (5)
copies of the tender documentation for irrigation and dam projects is
required within one hundred (100) days of the contract signing date.
The structural calculations, cost estimates, drawings, financial and
economic analysis, tender documents, implementation timetable, and
construction plan are all required to be included in the report.

Acceptable Detailed iv. Acceptable Detailed Engineering Design Report

Engineering Design Report
The demand irrigation scheme design report and five(5) copies of the
tender documents must be supplied within one hundred twenty (120)
days of the contract signing date. The report will comprise of financial
and economic analyses, drawings, cost estimates, implementation
schedules, construction plans, and tender papers in addition to
structural calculations.
Record of Documents
The original documents must be deposited with NIRC Headquarters in
a Compact Disc compatible with the software used and approved by
the client, such as AutoCAD, Microsoft Word for word
processing,Microsoft Excel for spreadsheets, and Microsoft Project for
project management,after all final documentation has been delivered.
The consultant is required to submit all reports and communication
materials created to the NIRC Headquarter

Counterpart Staff
8.0 Counterpart Staff Training
Three engineers, one safeguard specialist and one surveyor, at least, should get theoretical and practical
training from the consultant. Among other things, the training will cover steps of dam analysis, design and safety, as
well as topographical surveys and safe guard concerns. (Costs for training must be incorporated in projects
costs)

Objective of the assignment

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Item Description
General objective 3. General Objective
The objective of this assignment is to carry out feasibility studies and
detailed engineering designs for the proposed three (3) dams in Lindi
Region, where the goal is to guarantee availability of sufficient water for
irrigation activities.

Specific Objective 3.1 Specific Objectives

The specific objectives of the Consulting works are:
i). To carry out feasibility study for three (3) dams in Lindi Region
named; Matandu, Mahonga (Kilwa)and Mahiwa (Mtama) the
study encompasses geotechnical survey to dam axis and ponding
area; environmental and social studies; economic studies; risk
analysis and consider action of the safe system approach concept
and climate resilience perceptive.
ii). To carry out Detailed Engineering Designs for three (3) proposed
dams named Matandu, Mahonga (Kilwa) and Mahiwa (Mtama) in
Lindi Region and come up withDesign reports, Engineering Drawings,
3Ddrawings and Cost Estimates for Construction of the projects.

Duration of the Assignment

11.Duration of the Assignment
Within a maximum of four (4)months from the date of contract signing or the Receipt of the Notice to
Proceed (NTP), whichever comes first, the Feasibility Study and Detailed Engineering Design must be
completed. The cost of completing this activity will be established by the submitted and authorized
financial proposal.

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SECTION 9: CONDITIONS OF CONTRACT AND CONTRACT FORMS

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GENERAL CONDITIONS OF THE CONTRACT
A. Preliminary Clauses

1.1 The following words and expressions shall have the meanings hereby
1. Definitions assigned to them. Boldface type is used to identify the defined terms:
a) “Client” is the party who engages the Consultant to perform the
Services. For the purpose of this contract, the client is as
indicated in the SCC.

b) “Completion” means the fulfillment of the Services by the

Consultant in accordance with the terms and conditions set
forth in the Contract.

c) “Completion Date” is the date of actual completion of the

fulfillment of the Services.

d) “Consultant” is the party (firm or individual) whose proposal to

perform the Services has been accepted by the Client and is
named as such in the Contract. Details of the Consultant's
name and address will be available in the Contract
Finalization Information Section in the Contract Agreement.

e) “Contract” means an Agreement entered into between the Client

and the Consultant.

f) “Contract Documents” means the documents listed in the

Contract, including any amendments thereto.

g) “Day” means calendar day.

h) “Effective Date” means the date on which this Contract comes

into force and effect pursuant to GCC 18.

i) “GCC” means the General Conditions of Contract.

j) “Government” means the Government of the United Republic of

Tanzania.

k) “Intended Completion Date” is the date on which it is intended

that the Consultant shall complete the Services. The intended
date is as stipulated in SCC.

l) “JVCA” means Joint Venture, Consortium or Association

m) “Member” means in case where the Consultant consists of a
Joint Venture any of the entities that make up the joint
venture; and “Members” means all these entities.

n) “Month” means calendar month

o) “Party” means the Client or the Consultant, as the case may

be, and “Parties” means both of them. Third party means any
party other than Client as Consultant.

p) “Personnel” means professionals and support staff provided

by the Consultant or by any Sub-Consultant and assigned to
perform the Services or any part t; and “Key Personnel”
means the Personnel referred to in GCC 24.1.

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 q) “Project Manager” means a person or any other competent
person appointed by the Employer/Consultant and notified to
the Consultant/Employer, to act in replacement of the Project
Manager) who is responsible for supervising the execution of
the assignment/services and administering the contract.
Details of the project manager will be available in the
Contract Finalization Information Section in the Contract
Agreement.

r) “Reimbursable expenses” means all assignment-related costs

other than Consultant’s remuneration.

s) “Remuneration” means all costs related to payments of fees to

the Consultant for the time spent by the professional and
other staff on assignment related activities.

t) “Sub-Consultant” means any person or entity to whom/which

the Consultant subcontracts any part of the Services.

u) “Services” means the work to be performed by the Consultant

pursuant to this Contract, as described in Appendices 1 to 7
of the Contract Agreement.

v) “Third Party” means any person or entity other than the Client
and the Consultant.

w) “In writing” means communicated in written form with proof

of receipt.

x) The Arbitrator is the person appointed by the

appointing authority specified in the SCC, to resolve
contractual disputes.

In interpreting these conditions of contract headings and marginal notes

2. Interpretation of 2.1
are used for convenience only and shall not affect the interpretations
Contract unless specifically stated; References to singular includes plural and
Documents vice versa; and masculine include the feminine. Words have their
ordinary meaning under the language of the contract unless specifically
defined.
Subject to the order of precedence set forth in the form of contract, all
2.2
documents forming the Contract (and all parts) are intended to be
correlative, complementary, and mutually explanatory.
The Government requires that Clients, as well as Consultants shall
3. Corrupt, Fraudulent, 3.1
observe the highest standard of ethics during the implementation of
Collusive or procurement proceedings and the execution of contracts under public
Coercive Practices funds.

In pursuance of this requirement, the Client shall:

3.2
(a) exclude the Consultant from participation in the procurement
proceedings concerned or reject a proposal for award; and
(b) declare the Consultant ineligible, either indefinitely or for a stated
period of time, from participation in procurement proceedings
under public fund;
if it at any time determines that the Consultant has, directly or through
an agent, engaged in corrupt, fraudulent, collusive or coercive practices
in competing for, or in executing, a contract under public fund.
3.3 Should any corrupt or fraudulent practice of any kind referred to in GCC
3.4 come to the knowledge of the Client, it shall, in the first place, allow
the Consultant to provide an explanation and shall take actions as stated
in GCC 3.2 only when a satisfactory explanation is not received. Such
exclusion and the reasons, therefore, shall be recorded in the record of

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 the procurement proceedings and promptly communicated to the
Consultant concerned. Any communications between the Consultant and
the Client related to matters of alleged fraud or corruption shall be in
writing or in electronic forms that provide record of the content of the
communication.

3.4 For the purposes of this Contract, the terms:

(a) “corrupt practice” means offering, giving, or promising to
give, directly or indirectly, to any officer or employee of a
PE or other governmental/private authority or any individual
a gratuity in any form, an employment or any other thing or
service of value, as an inducement with respect to an act or
decision of, or method followed by, a PE in connection with
the procurement proceeding;
(b) “fraudulent practice” means a misrepresentation or omission
of facts in order to influence a procurement proceeding or
the execution of a contract to the detriment of the Client,
(c)“coercive practice” means harming or threatening to harm,
directly or indirectly, persons or their property to influence
the procurement proceedings, or affect the execution of a
contract.
(d) "collusive practice” means an arrangement between two or
more parties with or without knowledge of the other party
or parties designed to achieve an improper purpose,
including to influence improperly the action of another
party; and
e) “obstructive practice” means acts intended to materially
impede access to required information in exercising a
duty under the Act.

3.5 The parties agree that their personnel have an equal obligation not to
solicit, ask for and/or use coercive methods to obtain personal benefits
in connection with the said proceedings.
Entire Contract
4.Interpretation 4.1
The Contract constitutes the entire agreement between the Client and the
Consultant and supersedes all communications, negotiations and
agreements (whether written or oral) of parties with respect thereto
made prior to the date of Contract.
Amendment
4.2
No amendment or other variation of the Contract shall be valid unless it
is in writing or in electronic forms that provide record of the content of
the communication, is dated, expressly refers to the Contract, and is
signed by a duly authorized representative of each party thereto.
4.3 Non-waiver
a)Subject to GCC 4.3 (b) below, no relaxation, forbearance, delay, or
indulgence by either party in enforcing any of the terms and
conditions of the Contract or the granting of time by either party to
the other shall prejudice, affect, or restrict the rights of that party
under the Contract, neither shall any waiver by either party of any
breach of Contract operate as waiver of any subsequent or
continuing breach of Contract.
(b) Any waiver of a party’s rights, powers, or remedies under the
Contract must be in writing or in electronic forms that provide
record of the content of the communication, dated, and signed by
an authorized representative of the party granting such waiver, and
must specify the right and the extent to which it is being waived.

4.4 Severability

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 If any provision or condition of the Contract is prohibited or rendered
invalid or unenforceable, such prohibition, invalidity or unenforceability
shall not affect the validity or enforceability of any other provisions and
conditions of the Contract.

4.5 Phased completion

If phased completion is indicated in the SCC, references in the GCC to
the Services, the Completion Date, and the Intended Completion Date
apply to any Phase of the Services (other than references to the
Completion Date and Intended Completion Date for the whole of the
Services).

5. Documents Forming 5.1 The following documents forming the contract shall be interpreted in the
the Contract and following order of priority:
Priority of in the following order of priority:
Documents (a) Form of Agreement;
(b) Letter of Acceptance;
(c) Special Conditions of Contract (SCC);
(d) General Conditions of Contract (GCC);
(e) The Appendices;
Appendix 1: Terms of Reference
Appendix 2: Key Experts
Appendix 3: Breakdown of Contract Price
Appendix 4: Form of Advance Payment (if applicable)
Appendix 5: Code of Conduct for Experts
Appendix 6: Reporting Requirements
Appendix 7: Duties of the Client
Appendix 8: Sexual Exploitation and Abuse (SEA) and/or Sexual
Harassment (SH) Performance Declaration
(f) Any other documents stated in the SCC.

6. Eligibility 6.1 The Consultant and its Sub-Consultants shall have the nationality of a
country, other than stated in SCC.

6.2 All materials, equipment, plant, and supplies used by the Consultant and
services supplied under the Contract shall have their origin in the
countries, except stated in the SCC.

7. Governing Language 7.1 The Contract as well as all correspondence and documents relating to the
Contract exchanged between the Consultant and the Client, shall be
written in the English language unless otherwise in stated in SCC.
Supporting documents and printed literature that are part of the Contract
may be in another language provided these are accompanied by an
accurate translation of the relevant passages in English, in which case,
for purposes of interpretation of the Contract, this translation shall
govern.

7.2 The Consultant shall bear all costs of translation to the governing
language and all risks of the accuracy of such translation.

8. Applicable Law 8.1 The Contract shall be governed by and interpreted in accordance with
the laws of Tanzania.

9. Contractual Ethics 9.1 No fees, gratuities, rebates, gifts, commissions or other payments, other
than those shown in the proposal or the contract, shall have been given
or received in connection with the selection process or in the contract
execution.

10. Joint Venture, 10.1 If the Consultant is a Joint Venture, consortium, or association, (this

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 Consortium or does not include sub consultancy) all of the parties shall sign the
Association (JVCA) Contract Agreement and be jointly and severally liable to the Client for
the fulfilment of the provisions of the Contract and shall designate one
party to act as a Member-in-Charge with authority to bind the joint
venture, consortium, or association. The composition or the constitution
of the Joint Venture, consortium, or association shall not be altered
without the prior consent of the Client.

11. Communications 11.1 Communications between Parties (notice, request or consent required or
and Notices permitted to be given or made by one party to the other) pursuant to the
Contract shall be in writing or in electronic forms that provide record of
the content of the communication to the addresses indicated. Details of
the Consultant's address will be available in the Contract Finalization
Information Section in the Contract Agreement.

11.2 A notice, request or consent shall be effective 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
GCC 11.1.

11.3 A Party may change its address for notice hereunder by giving the other
Party notice of such change to the address specified.

12. Assignment 12.1 Neither the Client nor the Consultant shall assign, in whole or in part,
their obligations under this Contract.

13. Relation between 13.1 Nothing contained herein shall be construed as establishing a relation of
the Parties master and servant or of principal and agent as between the Client and
the Consultant. The Consultant, subject to this Contract, has 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.

14. Site 14.1 The Services shall be performed at such locations as indicated in SCC or
as indicated in Appendix 1, to the Contract and, where the location of a
particular task is not so specified, at such locations as the Client may
approve.

15. Authority of 15.1 In case the Consultant consists of a JVCA of more than one entity, the
Member in Charge Members hereby authorize the Member in Charge who shall act on their
behalf in exercising all the Consultant’s rights and obligations towards
the Client under this Contract, including without limitation the receiving
of instructions and payments from the Client. Details of the authorized
member will be available in the Contract Finalization Information
Section in the Contract Agreement.

16. Authorized 16.1 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 Consultant may be taken or executed by duly authorized
representatives. Details of the Client's Authorized Representative will
be available in the Contract Finalization Information Section in the
Contract Agreement.

17. Taxes and Duties 17.1 The Consultant, Sub-Consultants and their Personnel shall pay such
taxes, duties, fees and other impositions as may be levied under the
Governing Law, the amount of which is deemed to have been included
in the Contract Price.

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B. Commencement, Completion, and Modification of Contract

18. Effectiveness of 18.1 The Contract shall come into force and effect on the date (the “Effective
Contract 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 as indicated in SCC have been met.

19. Termination of 19.1 If the Contract has not become effective within such time period after
Contract for the date of the Contract signature by the Parties as specified in SCC,
Failure to Become either Party may, by not less than twenty-one (21) days written notice to
the other Party, declare this Contract to be null and void, and in the event
Effective of such a declaration by either Party, neither Party shall have any claim
against the other Party with respect hereto.

20. Commencement of 20.1 The Consultant shall begin carrying out the Services not later than the
Services number of days after the Effective Date that specified in SCC.

21. Expiration of 21.1 Unless terminated earlier pursuant to GCC 66 [Termination for Default],
Contract GCC 67 [Termination for Insolvency], GCC 68 [Termination for
Convenience], and GCC 69 [Termination because of Force Majeure],
this Contract shall expire at the end of such time period after the
Effective Date that is stated in SCC.

22. Modifications or 22.1 Any modification or variation of the terms and conditions of the
Variations Contract, including any modification or variation of the Scope of the
Services, may only be made by written agreement between the Parties.
Pursuant to GCC 51.1 [Payments General], however, each Party shall
give due consideration to any proposals for modification or variation
made by the other Party.

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C. Consultant’s Personnel and Sub-Consultants

23. General 23.1 The Consultant shall employ and provide such qualified and experienced
Personnel and Sub Consultants as are required to carry out the Services.

24. Description of 24.1 The title agreed job description, minimum qualification, and estimated
Personnel period of engagement in the carrying out of the Services of each of the
Consultant’s Key Personnel are described in Appendix 2, to the contract.
If any of the Key Personnel has already been approved by the Client’s
name shall be listed in Appendix 2.

24.2 If required to comply with the provisions of GCC 27 [Removal and/or

Replacement of Personnel], adjustments with respect to the estimated
periods of engagement of Key Personnel set forth in Appendix 2 to the
contract may be made by the Consultant by written notice to the Client,
provided:
(a) that such adjustments shall not alter the original estimated
period of engagement of any individual by more than
10% or one week, whichever is the larger;
(b) that the aggregate of such adjustments shall not cause
payments under this Contract to exceed the ceilings set
forth in GCC 50.2 [Cost Estimate of Services; Ceiling
Amount]; and
(c) any other such adjustments shall only be made with the
Client’s written approval.

24.3 If additional work is required beyond the Scope of the Services specified
in Appendix 1 to the contract, the estimated periods of engagement of
Key Personnel set forth in Appendix 2 may be increased by agreement in
writing or in electronic forms that provide a record of the content of the
communication between the Client and the Consultant. In case that will
cause payments under the Contract to exceed the ceilings set forth in
GCC 50.2 [Ceiling Amount] of this Contract, this will be explicitly in the
Contract.

25. Approval of 25.1 The Client hereby approves the Key Personnel and Sub Consultants
Personnel listed by title as well as by name in Appendix 2 to the contract. In respect
of other Personnel that the Consultant proposes to use in the carrying out
of 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 or in electronic forms that provide record of the content
of the communication (stating the reasons for the objection) within
twenty-one (21) days from the date of receipt of such CVs, such
Personnel shall be deemed approved by the Client.

26. Working Hours, 26.1 Working hours and holidays, entitlement of leave and overtime, etc. for
Overtime, Leave & Key Personnel are set forth in Appendix 3 to the Contract.
Holidays
26.2 The Key Personnel shall not be entitled to be paid for overtime nor to
take paid sick leave or vacation leave, except as specified in Appendix 3
to the contract and except as specified in such Appendix 3, the
Consultant’s remuneration shall be deemed to cover these items.

27. Removal and/or 27.1 Except as the Client may otherwise agree, no changes shall be made in
Replacement of the Personnel. If, for any reason beyond the reasonable control of the
Personnel Consultant, it becomes necessary to replace any of the Personnel, the
Consultant shall forthwith provide as a replacement a person of
equivalent or better qualifications acceptable to the Client.

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 27.2 If the Client
(a) finds that any of the Personnel has committed serious misconduct or
has been charged with having committed a criminal action; or
(b) has reasonable cause to be dissatisfied with the performance of any
of the Personnel,
then the Consultant 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.

27.3 In the event that any Sub-Consultant is found by the Client to be

incompetent or incapable of discharging the assigned duties, the Client
may request and the Consultant shall provide a replacement, with
qualifications and experience acceptable to the Client, or to resume the
performance of the Services itself.

27.4 Any of the Personnel provided as a replacement under GCC 27.1 and
27.2, the rate of remuneration applicable to such person as well as any
reimbursable expenses, the Consultant 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,
a) the Consultant shall bear all additional travel and other costs arising
out of or incidental to any removal and/or replacement, and
b) 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.

28. Project Manager 28.1 The Consultant shall ensure that at all times during the Consultant’s
performance of the Services a Project Manager, acceptable to the
Client, shall take charge of the operations of the personnel and
performance of such Services.

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D. Obligations of the Consultant

29. Standard of 29.1 The Consultant shall perform the Services and carry out its
Performance obligations hereunder with all due diligence, efficiency and economy,
in accordance with generally accepted professional standards and
practices, and shall observe sound management practices, and employ
appropriate technology and safe and effective equipment, machinery,
materials and methods. The Consultant 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.

30. Law Governing 30.1 The Consultant shall perform the Services in accordance with the
Services Applicable Law and shall take all practicable steps to ensure that any
Sub Consultants, as well as the Personnel of the Consultant and any
Sub Consultants, comply with the Applicable Law.

31. Conflict of Interests 31.1 The Consultant shall hold the Client’s interests paramount, without
any consideration for future work, and strictly avoid conflict with
other assignments or their own corporate interests.

32. Consultant Not to 32.1 The Consultant shall not accept for their own benefit any trade
Benefit from Com- commission, discount or similar payment in connection with
missions, Discounts activities pursuant to this Contract or in the discharge of their
obligations hereunder, and the Consultant 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.

32.2 Furthermore, if the Consultant, as part of the Services, have the

responsibility of advising the Client on the procurement of goods,
works or services, the Consultant shall at all times exercise such
responsibility in the best interest of the Client. Any discounts or
commissions obtained by the Consultant in the exercise of such
procurement responsibility shall be for the account of the Client.

33. Consultant and 33.1 The Consultant agrees that, during the term of this Contract and after
Affiliates not to its termination, the Consultant and any entity affiliated with the
Engage in Certain Consultant, as well as any Sub-Consultant and any entity affiliated
with such Sub-Consultant, shall be disqualified from providing
Activities goods, works or services (other than consulting services) for any
project resulting from or closely related to the Services.

34. Prohibition of 34.1 The Consultant 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 business or professional activities
in Tanzania that would conflict with the activities assigned to them
under this Contract.

35. Confidentiality 35.1 Except with the prior written consent of the Client, the Consultant
and the Personnel shall not at any time communicate to any person or
entity any confidential information acquired in the course of the
Services, nor shall the Consultant and the Personnel make public the
recommendations formulated in the course of, or as a result of, the
Services. For purposes of this section, “confidential information”
means any information or knowledge acquired by the Consultant
and/or their Personnel arising out of, or in connection with, the
performance of the Services under this Contract that is not otherwise
available to the public.

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36. Liability of the 36.1 The Consultant shall be responsible for, and shall indemnify the
Consultant Client, in respect of loss of or damage to equipment and materials
furnished by the Client, or purchased by the Consultant in whole or
in part with funds provided by the Client.

36.2 The Consultant undertakes full responsibility in respect of life,

health, and accidents for the Personnel.

36.3 The Consultant shall indemnify the Client from and against any and
all claims, liabilities, obligations, losses, damages, penalties, actions,
judgment, suits, proceedings, demands, costs, expenses and
disbursements of whatsoever nature that may be imposed on, incurred
by or asserted against the Client during or in connection in the
Services by reason of:
(a) infringement or alleged infringement by the Consultant of any
patent or other protected right; or
(b) plagiarism or alleged plagiarism by the Consultant.

36.4 The Consultant shall ensure that all goods and services (including but
without limitation to all computer hardware, software and systems)
procured by the Consultant out of funds provided or reimbursed by
the Client or used by the Consultant in the carrying out of the
Services do not violate or infringe any industrial property or
intellectual property right or claim of any third party.

36.5 The Consultant shall indemnify, protect and defend at their own
expense the Client, and its agents and employees from and against
any and all actions, claims, losses or damages arising out of
Consultant’s failure to exercise the skill and care required under GCC
29 [Standard of Performance] provided:
(a) that the Consultant is notified of such actions, claims, losses or
damages not later than the period indicated in the SCC after
conclusion of the Services.
(b) that the ceiling on the Consultant’s liability under GCC 29
shall be limited to the amount indicated in the SCC, except
that such ceiling shall not apply to actions, claims, losses or
damages caused by Consultant’s gross negligence or reckless
conduct; and
(c) that the Consultant’s liability under GCC 29 shall be limited to
actions, claims, losses or damages directly caused by such
failure to exercise the said skill and care, and shall not
include liability for any actions, claims, losses or damages
arising out of occurrences incidental or indirectly
consequential to such failure.

36.6 In addition to any liability the Consultant may have under GCC 29,
the Consultant shall, at their own cost and expense, upon request of
Client, re-perform the Services in the event of Consultant’s failure to
exercise the skill and care required under GCC 29.

36.7 Notwithstanding the provisions of GCC 36.1, the Consultant shall

have no liability whatsoever for actions, claims, losses or damages
occasioned by: (i) Client’s overriding a decision or recommendation
of the Consultant or requiring the Consultant to implement a decision
or recommendation with which Consultant do not agree; or (ii) the
improper execution of the Consultant’s instructions by agents,
employees or independent contractors of the Client.

37. Insurance to be 37.1 The Consultant

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 taken out by the (a) shall take out and maintain, and shall cause any Sub-
Consultant Consultants to take out and maintain, at their (or the Sub-
Consultants’, as the case may be) own cost, but on terms and
conditions approved by the Client, insurance against the
risks, and for the coverage of:
i)Third Party motor vehicle liability insurance in respect of motor
vehicles operated in Tanzania by the Consultant or their
Personnel or any Sub-Consultants or their Personnel, with a
minimum coverage of amount stated SCC.
ii) Third Party liability insurance, with a minimum coverage of
amount stated SCC.
iii) Professional Liability insurance, with a minimum coverage of
amount stated SCC;
iv) Client’s Liability and Workers’ Compensation insurance in
respect of the Personnel of the Consultant and of any Sub-
Consultant, in accordance with the relevant provisions of the
Applicable Law, as well as, with respect to such Personnel,
any such life, health, accident, travel, or other insurance as
may be appropriate amount stated SCC; and
v). insurance against loss of or damage to (a) equipment purchased
in whole or in part with funds provided under this Contract,
(b) the Consultant’s property used in the performance of the
Services, and (c) any documents prepared by the Consultant
in the performance of the Services amount stated SCC.
(b) 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.

38. Accounting, 38.1 The Consultant shall:

Inspection and (a) keep accurate and systematic accounts and records in respect of
Auditing the Services hereunder, in accordance with internationally
accepted accounting principles and in such form and detail
as will clearly identify all relevant time changes and costs,
and the bases; and
(b) periodically permit the Client or its designated representative
or the development partner’s representative (when
applicable), and up to two (2) years from the expiration or
termination of this Contract, to inspect the same and make
copies as well as to have them audited by auditors appointed
by the Client, if so required by the Client as the case may
be.

38.2 The Consultant shall furnish the Client with such information relating
to the Services as the Client may from time to time reasonably
request.

39. Consultant’s 39.1 The Consultant shall obtain the Client’s prior approval in writing or
Actions Requiring in electronic forms that provide record of the content of the
Client’s Prior communication before taking any of the following actions:
Approval (a) Any change or addition to the Personnel listed in Appendix 2 to
the Contract;
(b) Any sub-contract work relating to the Services to an extent and
with such specialists and entities as may be approved; and
(c) Any other action as specified in the SCC.

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 39.2 Notwithstanding any approval under GCC 39.1(b), the Consultant
shall remain fully liable for the performance of Services by the Sub-
Consultant and its personnel and retain full responsibility for the
Services. In the event that any Sub-Consultant is found by the Client
to be incompetent or incapable in discharging assigned duties, the
Client may request and the Consultant shall provide a replacement,
with qualifications and experience acceptable to the Client, or to
resume the performance of the Services itself.

40. Reporting 40.1 The Consultant shall submit to the Client the reports and documents
Obligations specified in Appendix 6 to the Contract hereto, in the form, in the
numbers and within the time periods set forth in Appendix 6. Final
reports shall be delivered in electronic forms acceptable to the client
as specified in Appendix 6.

41. Proprietary Rights 41.1 All plans, maps, diagrams, drawings, specifications, designs,
on Documents statistics, reports, other documents, data and software compiled or
Prepared by the prepared by the Consultant for the Client under this Contract shall
become and remain the absolute property of the Client, and the
Consultant Consultant shall, not later than upon termination or expiration of this
Contract, deliver all such documents to the Client, together with a
detailed inventory. The Consultant may retain a copy of such
documents and software and use such software for their own use with
the prior written approval of the Client.

41.2 If license agreements are necessary or appropriate between the

Consultant and third parties for purposes of the development of any
such of the plans, drawings, specifications, designs, database, other
documents and software, the Consultant shall obtain the Client’s
prior written approval to such agreements, and the Client shall be
entitled, at its sole discretion, to require recovering the expenses
related to the development of the program(s) concerned. Other
restrictions about the future use of these documents and software if
any shall be specified in the SCC.

42. Proprietary Rights 42.1 Equipment, tools and materials made available to the Consultant by
on Equipment and the Client, or purchased by the Consultant wholly or partly with
Materials funds provided by the Client, shall be the property of the Client and
shall be marked accordingly.
Furnished by the
Client. 42.2 Upon termination or expiration of this Contract, the Consultant 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.

42.3 While in possession of such equipment and materials, the Consultant,

unless otherwise instructed by the Client in writing or in electronic
forms that provide record of the content of the communication, shall
insure them at the expense of the Client in an amount equal to their
full replacement value.

43. Performance 43.1 The Performance Security or Performance Securing Declaration and
Securities Environmental and Social (ES) Performance Security in the form and amount
as stated in the SCC shall be provided to the Client no later than the
date specified in the Letter of Acceptance.

43.2 The Consultant shall provide at his cost a Performance Security or

Performance Securing Declaration, and Environmental and Social
(ES) Performance Security, to guarantee the faithful performance of
the Consultant’s obligations under this Contract. The performance
security, and if required, the Environmental and Social (ES)
Performance Security, shall be payable to the Client as compensation

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 for any loss resulting from the Consultant’s failure to complete its
obligations under this Contract.

43.3 The Performance Security or Performance Securing Declaration, and if

required, the Environmental and Social (ES) Performance Security,
shall be discharged by the Client and returned to the Consultant not
later than twenty eight (28) days following the date of completion of
the Consultant’s performance obligations and issuance of a certificate
to that effect under this Contract.

43.4 In the case of Performance Securing Declaration, it shall remain in

force until the completion of the works, and in the event the
Consultant failing to execute the Contract, the Client, following the
termination of the contract, shall initiate the blacklisting process with
the Public Procurement Regulatory Authority.

44. Liquidated 44.1 If the Consultant fails to deliver any or all of the Services within the
Damages period(s) specified in this Contract, the Client shall, without
prejudice to its other remedies under this Contract and under the
Applicable Law, deduct from the Contract Price, as liquidated
damages, a sum equivalent to one-tenth of one percent of the price of
the unperformed portion of the Services for each day of delay based
on the approved contract schedule up to a maximum deduction of an
amount equivalent to the Performance Guarantee. Where the sum of
liquidated damages exceeds an equivalent to the Performance
Guarantee, the Client shall automatically terminate the Contract,
without prejudice to other courses of action and remedies open to it.

44.2 The Client shall terminate the contract and then forfeit the
Consultant’s Performance Security and take over the execution of the
contract or award the same to a qualified Consultant through
negotiation, if the delay in the completion of the services exceeds ten
(10%) percent of the specified contract time plus any time extension
duly granted to the Consultant.

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E. Obligations of the Client

45. Assistance and 45.1 The Client shall use its best efforts to ensure that the
Exemptions Government shall:
(a) Provide the Consultant, Sub-Consultants and Personnel with
documents as shall be necessary to enable the Consultant, Sub-
Consultants or Personnel to perform the Services;
(b) issue to officials, agents and representatives of the Government all
such instructions as may be necessary or appropriate for the
prompt and effective implementation of the Services;
(c) assist the Consultant in obtaining necessary licenses and permits
needed to carry out the services; and
(d) provide to the Consultant, Sub-Consultants and Personnel any such
other assistance as specified in SCC.

46. Access to project 46.1 The Client warrants that the Consultant shall have, free of
site charge, unimpeded access to all land in respect of which
access is required for the performance of the Services.
The Client shall, however, be responsible for any damage
to such site or any property thereon resulting from such
access, and will indemnify the Consultant and each of the
Personnel in respect of liability for any such damage,
unless such damage is caused by the default or negligence
of the Consultant or any Sub Consultant or the Personnel
of either of them.

47. Change in the 47.1 If, after the date of signing of the Contract, and during the
Applicable Law performance of the Contract, there is any change in the
Related to Taxes Applicable Law with respect to taxes and duties which
and Duties increases or decreases the cost incurred by the Consultant
in performing the Services, then the amounts otherwise
payable to the Consultant under this Contract shall be
increased or decreased accordingly by agreement between
the Parties hereto, and corresponding adjustments shall be
made to the ceiling amount specified in GCC 50.2.

48. Services, 48.1 The Client shall make available to the Consultant and the
Facilities and Personnel, for the purposes of the Services and free of
Property of the any charge, the services, facilities and property described
Client in Appendix 7 to the contract at the times and in the
manner specified in said Appendix 7.

48.2 In case that such services, facilities and property shall not
be made available to the Consultant as and when
specified in Appendix 7 to the contract, 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

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 be made to the Consultant as a result pursuant to GCC
50.3.

49. Counterpart 49.1 The Client shall make available to the Consultant free of
Personnel charge such professional and support counterpart
personnel, to be nominated by the Client with the
Consultant’s advice, if specified in Appendix 7 to the
contract. For the purpose of this Contract, a “Counterpart
Staff/Personnel” means a person hired/nominated by the
Client to work with the Consultant.

49.2 If counterpart personnel are not provided by the Client to

the Consultant as and when specified in Appendix 7, the
Client and the Consultant shall agree on:
(a) how the affected part of the Services shall be carried out, and
(b) the additional payments, if any, to be made by the Client to the
Consultant as a result pursuant to GCC 51.2.

49.3 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.

49.4 The Authorised Representative from the Client as

specified in GCC 16.1 shall be the Client’s
Representative responsible for the coordination of
activities under the Contract, for receiving and approving
invoices for payment, and for acceptance of the deliveries
by the Client.

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F. Payments to the Consultants
50.1 An estimate of the cost of the Services is set forth in Appendix 3 to
50. Cost Estimate of the contract.
Services: Ceiling
Amount 50.2 Except as may be otherwise agreed under GCC 22 [Modifications or
Variations] and subject to GCC 50.3, payments under this Contract
shall not exceed the ceiling stated in SCC.

50.3 Notwithstanding GCC 51.2, if pursuant to any of the GCC 48, GCC
49 or GCC 51, the Parties shall agree that additional payments as the
case may be, shall be made to the Consultant in order to cover any
necessary additional expenditures not envisaged in the cost estimate
referred to in GCC 50.1, the ceiling set forth in GCC 50.2 shall be
increased by the amount of any such additional payments.

51. Payments: General 51.1 All payments under this Contract shall be made to the account of the
Consultant as stated in the Contract Finalization Information section
in the contract document.

51.2 With the exception of the final payment under GCC 57,
payments do not constitute acceptance of the Services
nor relieve the Consultant of any obligations hereunder.
52. Lump Sum 52.1 Subject to the ceiling specified in GCC 50.2, the Client shall pay to
Remuneration the Consultant total remuneration which shall be a fixed lump-sum
including all staff costs, sub-consultants costs, reimbursable, and all
other costs incurred by the Consultant in carrying out the Services
described in Appendix 1. The contract price may only be increased
above the amounts stated in GCC 50.2, if the Parties have agreed to
additional payments in accordance with GCC 22.1.

53. Modes of Payment 53.1 Payments in respect of the Services shall be made as specified in
GCC 54 to 57.

54. Currency of payments 54.1 The currency of payments shall be as indicated in SCC.

55. Advance Payment 55.1 Advance Payment shall be made to the Consultant, of the amount
specified in SCC and within the period stated in SCC after the
Effective Date. The advance payment shall be made against the
provision of a Bank Guarantee by the Consultant which shall:
(a)remain effective until the Advance Payment has been fully
offset; and
(b)be in the format as shown in Contract Form 4.

55.2 The Advance Payment will be offset by the Client in equal

instalments against the statements for the number of months of the
Services that is specified in SCC until said Advance Payment has
been fully offset.

56.1 Payment will be made according to schedule specified in SCC

56. Interim Payments subject to the provision of advance payment stated in GCC 55
[Advance Payment]. Any other payment shall be made as specified
in SCC for such payment have been met, and the Consultant has
submitted an invoice to the Client specifying the amount due.

56.2 The Client shall pay the Consultant within thirty (30) days after the
receipt by the Client of the invoices with supporting documents.

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 Only such portion of a statement that is not satisfactorily supported
may be withheld from payment.

56.3 Should any discrepancy be found to exist between actual payment

and costs authorized to be incurred by the Consultant, the Client may
add or subtract the difference from any subsequent payments.

57. Final Payment 57.1 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 Consultant and approved as satisfactory by the
Client. .

57.2 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 sixty (60) days after receipt of
the final report and final statement by the Client unless the Client,
within such sixty (60) days period, gives written notice to the
Consultant specifying in detail deficiencies in the Services, the final
report or final statement.

57.3 The Consultant shall thereupon promptly make any necessary

corrections, and thereafter the foregoing process shall be repeated
until such time as the final report and the final statement have been
approved by the Client

58. Suspension of Payments 58.1 The Client may, by written notice of suspension to the Consultant,
suspend all or part of the payments to the Consultant hereunder if the
Consultant fails to perform any of its obligations under this Contract,
including the carrying out of the Services, provided that such notice
of suspension:
(a) shall specify the nature of the failure, and
(b) shall request the Consultant to remedy such failure within a period
not exceeding thirty (30) days after receipt by the Consultant of
such notice of suspension.

59. Interest on Delayed 59.1 If the Client delays payments beyond the due date, interest shall be
Payments paid to the Consultant on any amount due by, not paid on, such due
date for each day of delay at the annual rate shall be as specified in
SCC.

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G. Time Control
60. The Services to 60.1 The Consultant shall carry out the Services in
Be Completed by accordance with the Programme submitted by the
the Intended Consultant, as updated with the approval of the Client
Completion Date and complete them by the Intended Completion Date.

61. Early Warning 61.1 If at any time during execution of the Contract, the
Consultant or its Sub-Consultants should encounter
events, circumstances conditions that may adversely
affect the quality of the work, increase the cost of
Services or delay the execution of the Services, the
Consultant shall promptly notify the Client in writing or
in electronic forms that provide record of the content of
the communication of the delay, it’s likely duration, and
its cause.

61.2 As soon as practicable after receipt of the Consultant’s

notice, the Client shall evaluate the situation, and the
Consultant shall cooperate with the Client in making and
considering proposals for how the effect of such an event
or circumstance can be avoided or reduced.

62. Extension of the 62.1 In the event the Consultant is unable to complete the
Intended assignment by the Intended Completion Date he may
Completion Date request the Client to extend the Intended Completion
Date by giving reasons. The Client shall extend the
Intended Completion Date if the reasons given by the
Consultant are found acceptable. The Client shall,
however, decide by how much to extend the Intended
Completion Date with or without cost.

63. Progress 63.1 The Client and the Consultant shall arrange progress
Meetings meetings at regular intervals to review the progress of
services. The meeting may review the plans for dealing
with matters raised in accordance with the early
warning procedure.

63.2 The Client shall record the business of progress

meetings and provide copies of the minutes to those
attending the meeting and to the Consultant for action.
The Minutes and records under this sub-clause shall be
signed by the Parties

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H. Good Faith and Fairness in Operation
64. Good Faith 64.1 The Parties undertake to act in good faith with respect to each 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 the Contract to provide
65.2 for every contingency which may arise during the life of the Contract,
65. Fairness in
Operation 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.
65.2 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 GCC 75 [Settlements of Disputes].

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I. Termination and Settlement of Disputes
66. Termination for 66.1 The Client or the Consultant, without prejudice to any
Default other remedy for breach of Contract, by notice of
default sent to the other party, may terminate the
Contract in whole or in part if the other party causes a
fundamental breach of contract. In such an
occurrence one party shall give not less than thirty
(30) days’ written notice of termination to the other
party.

66.2 Where a contract is for a period of less than 90 days,

one party shall give written notice of termination to
the other party by not less than days specified in
SCC.

66.3 Fundamental breaches of the contract shall

include but shall not be limited to, the following:
(a) If the Consultant fails to remedy a failure in the performance of
their obligations hereunder, as specified in a notice of
suspension pursuant to GCC 58 [Suspension of Payments],
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 or in electronic forms
that provide record of the content of the communication;
(b) If the Consultant submits to the Client a statement which has a
material effect on the rights, obligations or interests of the
Client and which the Consultant knows to be false;
(c) If the Consultant, in the judgment of the Client, has engaged in
corrupt or fraudulent practices in procurement proceedings
or executing this Contract;
(d) Without prejudice to any other remedy, if the Consultant or the
Client fails to comply with any final decision reached as a
result of arbitration proceedings pursuant to GCC 75.2
[Settlements of Disputes];
(e) If the Client fails to pay any money due to the Consultant
pursuant to this Contract and not subject to dispute pursuant
to GCC 75.2 [Settlements of Disputes] within forty-five (45)
days after receiving written notice from the Consultant that
such payment is overdue; or
(f) 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 Consultant may
have subsequently approved in writing or in electronic forms
that provide record of the content of the communication)
following the receipt by the Client of the Consultant’s notice
specifying such breach.

67. Termination for 67.1 The Client and the Consultant may at any time
Insolvency terminate the Contract by giving notice to the
other party if:
(a) the Client becomes bankrupt or otherwise insolvent; or
(b) the Consultant becomes (or, if the Consultant consist of more

84
 than one entity, if any of its 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.
In such event, termination will be without compensation to any party,
provided that such termination will not prejudice or affect any right
of action or remedy that has accrued or will accrue thereafter to the
other party.

68. Termination for 68.1 The Client, by notice sent to the Consultant may, in
Convenience its sole discretion and for any reason whatsoever,
terminate the Contract, in whole or in part, at any
time for its convenience. The notice of termination
shall specify that termination is for the Client’s
convenience, the extent to which performance of the
Consultant under the Contract is terminated, and the
date upon which such termination becomes effective.

69. Termination because 69.1 The Client and the Consultant may at any time
of Force Majeure terminate the Contract by giving notice to the other
party if, as the result of Force Majeure, the
Consultant is unable to perform a material portion of
the Services for a period of not less than sixty (60)
days.

69.2 For the purposes of this Contract, “Force Majeure”

means an event which is beyond the reasonable
control of a Party, is not foreseeable, is unavoidable,
and its origin is not due to negligence or lack of care
on the part 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, epidemics, 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.

69.3 Force Majeure shall not include:

(a) Any event which is caused by the negligence or intentional
action of a Party or such Party’s Sub-Consultants or agents
or employees, or
(b) Any event which a diligent Party could reasonably have been
expected both to take into account at the time of the
conclusion of this Contract and avoid or overcome in the
carrying out of its obligations hereunder.

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 (c) insufficiency of funds or failure to make any payment required
hereunder

69.3 The failure of a Party to fulfil any of its obligations

hereunder shall not be considered to be a breach of,
or default under, this Contract insofar as such
inability arises from an event of Force Majeure,
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.

70. Measures to be 70.1 A Party affected by an event of Force Majeure shall

Taken on Force continue to perform its obligations under the
Majeure Contract as far as is reasonably practical and shall
take all reasonable measures to minimize the
consequences of any event of Force Majeure.
A Party affected by an event of Force Majeure shall notify the other
70.2 Party of such event as soon as possible, and in any case not later
than fourteen (14) days following the occurrence of such event,
providing evidence of the nature and cause of such event, and shall
similarly give written notice of the restoration of normal conditions
as soon as possible.

70.3 Any period within which a Party shall, pursuant to

this Contract, 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.

70.4 During the period of their inability to perform the

Services as a result of an event of Force Majeure,
the Consultant, upon instructions by the Client,
shall either:
(a) demobilize, in which case the Consultant shall be reimbursed
for additional costs they reasonably and necessarily incurred,
and, if required by the Client, in reactivating the Services; or
(b) continue with the Services to the extent possible, in which case
the Consultant shall continue to be paid under the terms of
this Contract and be reimbursed for additional costs
reasonably and necessarily incurred.

71. Cessation of Rights 71.1 Upon termination of the Contract pursuant to GCC
and Obligations 19 [Termination of Contract for Failure to Become
Effective], GCC 66 [Termination for Default], GCC
67 [Termination for Insolvency], GCC 68
[Termination for Convenience] and GCC 69
[Termination because of Force Majeure], or upon
expiration of this Contract pursuant to GCC 21
[Expiration of Contract], all rights and obligations of
the Parties hereunder shall cease, except
(a)such rights and obligations as may have accrued on the date of

86
 termination or expiration;
(b)the obligation of confidentiality set forth in GCC 35;
(c) the Consultant’s obligation to permit inspection, copying and
auditing of their accounts and records set forth in GCC 38;
and
(d)any right which a Party may have under the Applicable Law.

72. Cessation of Services 72.1 Upon termination of the Contract by notice of either
Party to the other pursuant to CC 66 [Termination
for Default], CC 67 [Termination for Insolvency],
CC 68 [Termination for Convenience] or CC 69
[Termination because of Force Majeure], the
Consultant 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
Consultant and equipment and materials furnished
by the Client, the Consultant shall proceed as
provided, respectively, by CC 41 [Proprietary Rights
on Documents Prepared by the Consultant] or CC 42
[Proprietary Rights on Equipment and Materials
Furnished by the Client].
73. Payment upon 73.1 Upon termination of the Contract pursuant to GCC
Termination 66 [Termination for Default], GCC 67 [Termination
for Insolvency], GCC 68 [Termination for
Convenience] or GCC 69 [Termination because of
Force Majeure], the Client shall make the following
payments to the Consultant:
(a) remuneration pursuant to GCC 53.2 for Services satisfactorily
performed prior to the effective date of termination, and
reimbursable expenditures pursuant to GCC 53.3 for
expenditures actually incurred prior to the effective date of
termination; and
(b) except in the case of termination on the Consultant’s default,
reimbursement of any reasonable cost incidental to the
prompt and orderly termination of this Contract.
Payment to the Consultant under GCC 74.1 shall be affected upon
submission of a claim by the Consultant and subject to an assessment
made by the Client. Consultant shall submit claim within 30 days
from the effective date of termination

74. Disputes about 74.1 If either Party disputes whether an event specified in
Events of GCC 66 [Termination for Default], 67 [Termination
Termination for Insolvency], or GCC 68 [Termination for
Convenience] has occurred, such Party may, within
forty-five (45) days after receipt of notice of
termination from the other Party, refer the matter to
arbitration pursuant to GCC 75 [Settlement of
Disputes], and this Contract shall not be terminated

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 on account of such event except in accordance with
the terms of any resulting arbitral award.

74.2 In the case of disagreement between the Parties as to

the existence or extent of Force Majeure, the matter
shall be settled according to GCC 75.

75. Settlement of 75.1 Amicable Settlement

Disputes (a) The Client and the Consultant shall use their best efforts to settle
amicably all disputes arising out of or in connection with this
Contract or its interpretation.
(b) If either Party objects to any action or inaction of the other Party,
the objecting Party may file a written Notice of Dispute to the
other Party providing in detail the basis of the dispute. The
Party receiving the Notice of Dispute will consider it and
respond in writing within fourteen (14) days after receipt. If
that Party fails to respond within fourteen (14) days, or the
dispute cannot be amicably settled within fourteen (14) days
following the response of that Party, Clause GCC 75.2 shall
apply.

75.2 Arbitration
Any dispute between the Parties as to matters arising pursuant to this
Contract which cannot be settled amicably within twenty eight (28)
days after receipt by one Party of the other Party’s request for such
amicable settlement may be submitted by either Party for arbitration
in accordance with the laws of Tanzania and in the place stated in
SCC.

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SECTION 9: SPECIAL CONDITIONS OF CONTRACT
SNo. Required GCC Clause Amendments of, and Supplements to, Clauses in the
Information/Data General Conditions of Contract

1. Client name and Address 1.1(a) The NATIONAL IRRIGATION COMMISSION of P o

box 146.
Appointing Authority 1.1 (x)
for the Arbitrator Tanzania Institute of Arbitrators (TIArb).

2. Intended Completion Date 1.1 (k) 120 Days from commencement Date.

3. Assignment Phasing 4.5 Not Applicable.

Completion
Record of negotiations
4. Other Documents Forming 5.1 (h)
Part of the Contract
5. Eligible Countries 6.1 & 6.2 Not Applicable
6. Governing Language 7.1 ENGLISH.

7. Location of Performing the 14.1 Lindi Region, namely Matandu, Mahonga (Kilwa) and
Services Mahiwa (Mtama)

8. Effectiveness Conditions 18.1 Submission of performance security.

9. Date of Effectiveness of 19.1 Contract shall be effective after 1 days after sign the
Contract contract.
Commencement of
10. 20.1 1 days after the effectiveness of the contract date.
Assignment
11. Duration of Contract 21.1 120 Days.

12. Notification of Claims, 36.5 (a) 14 Days

Losses and Damages

13. Ceiling on Consultant’s 36.5 (b) The Tanzanian Shilling. 100.00.

Liability
14. Insurance to be Taken Out 37.1(a) i) Third Party Motor Vehicle Insurance- 20,000,000.00.
by the Consultant. ii) Third Party Liability Insurance - 5,000,000.00.
iii) Third Party Professional Liability Insurance -
110.00.
iv) Workers Compensations Insurance - 5,000,000.00.
v) Insurance against loss or damage - 5,000,000.00.
15. Other Consultant's Actions 39.1 (c) Not Applicable
Requiring Clients
Approval

16. Restriction on Use of 41.2 There are no restrictions on the use of

Documents documents.
Performance Securing Declaration will be used.
17. Performance Security or 43.1
Performance Securing
Declaration
18. ES Performance 43.1 Environmental and Social Performance Security
Security or ES shall be Environmental and Social Performance
Performance Securing Securing Declaration.
Declaration
19. Other assistance to be 45.1(d) Not Required.

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SNo. Required GCC Clause Amendments of, and Supplements to, Clauses in the
Information/Data General Conditions of Contract

Provided by the Client

Ceiling of Payments: The Tanzanian Shilling 100.00
20. Ceiling of Payments 50.2
The Reimbursable expenses are set forth in Appendix 6 to
21. Reimbursable Expenses 52.1
the Contract.

The Tanzanian Shilling.

22. Currency of Payment. 54.1

23. Advance Payment 55.1 Not Applicable.

24. Repayment of Advance 55.2 0.

Payment

25. Payment Schedule 56.1 Mode of payment for this assignment shall be as
stipulated below; - a) Upon submission of the approved
inception report; twenty-five (25) percent of the
contract amount should be paid b) Upon submission of
the approved Feasibility Study Report, thirty (30)
percent of the contract amount should be paid. c) Thirty
(30) percent of the contractacted amount should be paid
upon submission of the Draft Detailed Engineering
Design Report, Drawings, Bill of Quantity, Cost
Estimate, and Tender document; and d) Upon
submission of an approved Final Detailed Engineering
Design Report, Construction Drawings, Bill of
Quantity, Cost Estimate and Tender Document, fifteen
(15) percent of the contract should be paid. .

26. Conditions to be met for 56.1 As per payment schedule stated above1
other payments

27. Interest on Delayed 59.1 5 Percent.

Payments

28. Period of Notice of 66.2 14 Days

Termination

29. Place of arbitration 75.2 Dodoma

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SECTION 10: PROPOSAL AND CONTRACT FORMS
This Section contains forms which, once completed, will form part of the Contract. The forms forPerformance
Security/Performance Securing Declaration and Advance PaymentSecurity, when required, shall only be completed by the
successful Tenderer after contract award.

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1. NOTICE OF INTENTION TO AWARD A CONTRACT
[Letter head paper of the PE]

Ref No: [insert Ref. No.].................................. Date: ...............

To: [name and address of the Consultant]

RE: NOTIFICATION OF THE INTENTION TO AWARD CONTRACT NUMBER [insert number of contracts]
FOR [insert description]
Reference is made to the above subject matter.
The submitted proposals were evaluated according to the criteria stated in the Request for Proposal documents. In
accordance with the requirements of Public Procurement Act, Cap 410. We announce our intention to award a contract to
M/s:(Insert the name of the firm) for a contract price of (insert the contract award price and currency) and for a completion
period of (insert the duration).
Your proposal was not considered for award of the contract due to the following reasons[1]1

1) .........................................................

2) .........................................................

3) ..........................................................
Be informed that, you have seven (7) working days from the date of this letter, within which to submit any complaints you
may have regarding this award decision and/or circumstances surrounding the rejection of your proposal for administrative
review. The complaints must be in writing, clearly identifying the tender in question, detailing ground(s) of the complaint
and should be submitted to (insert the title of Accounting Officer) through NeST.
We appreciate your interest in doing business with us and encourage you to participate in our future tenders.
Authorized Signature: .............................................................................................
Name and Title of Signatory:..................................................................................
Name of PE:............................................................................................................

[1] Insert the reasons for non-selection of the tenderer for the award of contract. The reasons given here should be those which
appears in the evaluation report and which were approved by the Tender Board as justifiable reasons to turn down the offer given
by the tenderer.

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LETTER OF ACCEPTANCE
[letter head paper of the Procuring Entity]
[Date]
To: [name and address of the Consultant]
RE: NOTIFICATIONOF AWARD OF CONTRACT FOR TENDER NO. [insert tender number] FOR [insert tender
description]
This is to notify you that yourProposal dated [date] for execution of the [name of the Contract and identification
number, as given in the CC] for the Accepted Contract Amount [amount in numbers and words][name of currency], as
corrected and modified in accordance with theInstruction to Consultants is hereby accepted by us.
You are requested to furnish thePerformance Securing Declaration or Performance Security[1]and an
Environmental and Social (ES) Performance Security [Delete ES Performance Securityif it is not required under the
contract] within 14 days in accordancewith the Conditions of Contract, using for that purpose one of the
PerformanceSecurity Forms and the ES PerformanceSecurity Form, [Delete reference to the ES PerformanceSecurity Form
if it is not required under the contract] included inSection 10, Contract Forms.
AuthorizedSignature:...............................................................................................................................
Name and Title of Signatory:
Name of PE:
Copy: PPRA, CAG, Office of Attorney General, GAMD, IAG, TRAand Adjudicator’s Appointing Authority (where
applicable)
Attachment: Contract

[1] Insert the appropriate form of security to be furnished. The PerformanceSecuring Declaration shall only be applicable
for Tenders falling underexclusive preference

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3. FORM OF AGREEMENT
This AGREEMENT (hereinafter called the “Contract”) is made this [day of the month] day of [insert a month], [insert a
year] between,[insert name and address of Client] (hereinafter called the “Client”) of the one part, and [insert name and
address of Consultant] (hereinafter called the “Consultant”) of the other part.

[Note: In the text below, text in brackets is optional; all notes should be deleted in final text. If the Consultant consists of
more than one Entity, the above should be partially amended to read as follows:]

“[insert the name of Client] (hereinafter called the “Client”) and, on the other hand, a joint venture/consortium/association
consisting of the following entities namely, [insert of name of entity] and [insert name of entity]and [etc.] (hereinafter
called the “Consultant”) each of which shall be jointly and severally liable to the Client for all the Consultants’ obligations
under this Contract.

WHEREAS:

(a)the Client has requested the Consultant to provide certain Services as defined in the General Conditions of
Contract attached to this Contract (hereinafter called the “Services”);

(b)the Consultant, having represented to the Client that they have the required professional skills, personnel and
technical resources, have agreed to provide the Services on the terms and conditions set forth in this
Contract at a contract price of [insert the figures and words and the currency];

(c)the Client has committed funds towards eligible payments under this Contract, it being understood that such
payments will be subject, in all respects, to the terms and conditions of the Contract providing for the
funds and that no party other than the Client shall derive any rights from the Contract providing for the
funds or have any claim to the funds proceeds;

NOW THEREFORE, the parties hereto hereby agree as follows:

1. The following documents forming the integral part of this Contract shall be interpreted in the order of priority shown:
(a) Form of Agreement;
(b) Letter of Acceptance;
(c) Financial Proposal Submission Form;
(d) Technical Proposal Submission Form;
(e) Agreed Terms of Reference;
(f) Minutes of Negotiation, if any;
(g) Contract Addendum, if any;
(h) Special Conditions of Contract (SCC);
(i) General Conditions of Contract (GCC); and
(j) Other relevant document forming part of contract, if any.
2. The mutual rights and obligations of the Client and the Consultant shall be as set forth in the Contract, in particular the:
(a) Consultant shall carry out the Services in accordance with the provisions of the Contract; and
(b) Client shall make payments to the Consultant in accordance with the provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the
day and year first above written.

SIGNED,SEALED AND DELIVERED FOR AND ON BEHALF OF:

THE PROCURING ENTITY THE SUPPLIER

Name: .......................................................... Name: ..................................................

(Authorized Representative) (Authorized Representative)

Designation: ................................................ Designation: ........................................

Signature: ................................................... Signature: ...........................................

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WITNESS WITNESS

Name: ........................................................... Name: ..................................................

Designation: ................................................ Designation: ........................................

Signature: .................................................... Signature: ...........................................

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4. BANK GUARANTEE FORADVANCE PAYMENTS
[this is the format for the Advance PaymentSecurity to be issued by a scheduled Bank
of Tanzaniain accordance with CC 55.1]

[Bank’s Name, and Address ofIssuing Branch or Office]

Beneficiary: ___________________ [Name and Address of Client]

Date: ________________

ADVANCE PAYMENT GUARANTEENo.: _________________

We have been informed that [nameof Consultant] (hereinafter called "the Consultant") has enteredinto Contract No.
[reference number of the contract] dated ______ withyou, for the provision of [name of contract and brief description
ofconsulting services] (hereinafter called "the Contract").

Furthermore, we understand that, according to theconditions of the Contract, an advance payment in the sum [amount
infigures] ( ) [amount in words] is to be made against an advancepayment guarantee.

At the request of the Consultant, we [name of Bank] herebyirrevocably undertake to pay you any sum or sums not
exceeding in total anamount of [amount in figures] ( ) [amount in words] upon receiptby us of your first demand in writing
accompanied by a written statementstating that the Consultant is in breach of its obligation under the Contractbecause the
Consultant used the advance payment for purposes other than thecosts of mobilization in respect of the assignment.

It is a condition for any claim and payment under thisguarantee to be made that the advance payment referred to above must
have beenreceived by the Consultant on its account number ___________ at_________________ [name and address of
Bank].

The maximum amount of this guarantee shall be progressivelyreduced by the amount of the advance payment repaid by the
Consultant asindicated in copies of interim payment certificates which shall be presented tous. This guarantee shall expire,
at the latest, upon our receipt of a copy ofthe interim payment certificate indicating that eighty (80) percent of theContract
Price has been certified for payment, or on the ___ day of _____,2___, whichever is earlier. Consequently, any demand for
payment under thisguarantee must be received by us at this office on or before that date.

Yours truly,

Signature and seal:

Name of Bank/FinancialInstitution:

Address:

Date

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5. PERFORMANCE SECURING DECLARATION[1]
Date:[insert date(as day, monthand year)]
Contract No.:[insert Contractnumber]
To: [insert complete name of Client]
I/We,the undersigned, declare that:

1. I/We understand that, according to your conditions, to guarantee the faithful performance by the Consultant of its
obligations under the Contract, I/we shall submit this form of Performance Securing Declaration within a maximum
period of fourteen (14) calendar days from the date of the Letter of Acceptance and prior to the signing of the
Contract.

2. I/We accept that: I/we will be disqualified from tendering for any procurement contract with any procuring entity for
the period of time determined by the Public Procurement Regulatory Authority in accordance with the procedures
stipulated in the Public Procurement Act and Public Procurement Regulations if I/We have failed to execute the
Contract.

I/We understand that this PerformanceSecuring Declaration shall cease to be valid upon satisfactory performance andfinal
acceptance of the Services by the Client.
Signed:[insert signature ofperson whose nameandcapacity are shown] in the capacityof [insert legal capacityof person
signing the Performance SecuringDeclaration]
Name: [insert complete nameof person signingthe Performance Securing Declaration]
Duly authorized tosign the Contract for andon behalf of: [insert completename of Consultant]
Dated on day of _, [insert date of signing]
Corporate Seal (whereappropriate)

[1] Used as an alternative performancesecurity for Contracts falling under exclusive Preference. It shall besubmitted within fourteen (14) days
after receiving the Letter of Acceptance.

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6. PERFORMANCEBANK GUARANTEE [UNCONDITIONAL]
[The bank/successful Consultant providing the Guarantee shall fill inthis form in accordance with the instructions
indicated in brackets, if theClient requires this type of security.]
[insert bank’s name, and address of issuing branch or office]
Beneficiary: [insert name and address of Client]
Date: [insert date]
PERFORMANCE GUARANTEE No.: [insert Performance Guarantee number]
We have beeninformed that [insert name of Consultant](hereinafter called "the Consultant") has entered into Contract No.
[insert reference number of the Contract] datedwith you, for the execution of [insertname of Contract and brief description
of services] (hereinafter called"the Consulting Services").
Furthermore, weunderstand that, according to the conditions of the Contract, a performanceguarantee is required.
At the request ofthe Consultant, we [insert name of Bank]hereby irrevocably undertake to pay you any sum or sums not
exceeding in totalan amount of [insert amount in figures] ([insert amount in words]), such sumbeing payable in the types
and proportions of currencies in which the ContractPrice is payable, upon receipt by us of your first demand in
writingaccompanied by a written statement stating that the Consultant is in breach ofits obligation(s) under the Contract,
without your needing to prove or to showgrounds for your demand or the sum specified therein.
This guaranteeshall expire no later than twenty-eight (28) days following the date ofcompletion of the Consultant’s
performance obligations and issuance of acertificate to that effect under this Contract or on the [insert number day of
[insertmonth],[insert year], whichever occurs first. Consequently, any demand forpayment under this guarantee must be
received by us at this office on or beforethat date.
Yours truly,

Signature and seal:

Name of Bank/FinancialInstitution:

Address:

Date

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7. PERFORMANCE BOND
By this Bond, [insert name and address of Consultant]as Principal (hereinafter called “the Consultant”) and [insert name,
legal title, and address of surety, bonding company, or insurance company] as Surety (hereinafter called “the Surety”), are
held and firmly bound unto [insert name and address of Client] as Oblige (hereinafter called “the Client”) in the amount of
[insert amount of Bond] [insert amount of Bond in words], for the payment of which sum well and truly to be made in the
types and proportions of currencies in which the Contract Price is payable, the Consultant and the Surety bind themselves,
their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
Whereas the Consultant has entered into a Contract with the Client dated the [insert number] day of [insert month], [insert
year] for [insert name of Contract] in accordance with the documents, plans, specifications, and amendments thereto,
which to the extent herein provided for, are by reference made part hereof and are hereinafter referred to as the Contract.
Now, therefore, the Condition of this Obligation is such that, if the Consultant shall promptly and faithfully perform the said
Contract (including any amendments thereto), then this obligation shall be null and void; otherwise, it shall remain in full
force and effect. Whenever the Consultant shall be, and declared by the Client to be, in default under the Contract, the
Client having performed the Client’s obligations there under, the Surety may promptly remedy the default, or shall
promptly:
(1) complete the Contract in accordance with its terms and conditions; or
(2) obtain a proposal(s) from qualified Consultant for submission to the Client for completing the Contract in
accordance with its terms and conditions, and upon determination by the Client and the Surety of the highest
ranked Consultant, arrange for a Contract between such Consultant and Client and make available as work
progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of
completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the
Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term “Balance of the Contract Price,” as used
in this paragraph, shall mean the total amount payable by the Client to the Consultant under the Contract, less
the amount properly paid by the Client to the Consultant; or
(3) pay the Client the amount required by the Client to complete the Contract in accordance with its terms and
conditions up to a total not exceeding the amount of this Bond.
The Surety shall not be liable for a greater sum than the specified penalty of this Bond.
Any suit under this Bond must be instituted before the expiration of one year from the date of completion of the
Consultant’s performance obligations and issuance of a certificate to that effect under this Contract.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Client named
herein or the heirs, executors, administrators, successors, and assigns of the Client.
In testimony whereof, the Consultant has hereunto set its hand and affixed its seal, and theSurety has caused these presents
to be sealed with its corporate seal duly attested by the signature of its legal representative, this [insert day] day of [insert
month], [insert year].
Signed by [insert signature(s) of authorized representative(s)]
on behalf of [name ofConsultant] in the capacity of [insert title(s)]
In the presence of [insert name and signature of witness]
Date [insert date]
Signed by [insert signature(s) of authorized representative(s) of Surety]
on behalf of [name of Surety]in the capacity of [insert title(s)]
In the presence of [insert name and signature of witness]
Date [insert date]

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8. ENVIRONMENTAL AND SOCIAL (ES) PERFORMANCE SECURITY
ESHS Demand Guarantee

[Guarantor letterhead]

Beneficiary: [insert name and Address of Client]

Date: [Insert date of issue]

ESHS PERFORMANCE GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letter head]

We have been informed that ________________ (hereinafter called "the Applicant") has entered into Contract No.
_____________ dated____________ with the Beneficiary, for the execution of _____________________(hereinafter called
"the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not
exceeding in total an amount of ________ ( ),1 such sum being payable in the types and proportions of currencies in which
the Contract Price is payable, upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s
statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating
that the Applicant is in breach of its Environmental and/or Social (ES) obligation(s) under the Contract, without the
Beneficiary needing to prove or to show grounds for your demand or the sum specified therein.

This guarantee shall expire, no later than the …. Day of ……, 2… 2, and any demand for payment under it must be received
by us at this office indicated above on or before that date.

_____________________
[signature(s)]

Note: All italicized text (including footnotes) isfor use in preparing this form and shall be deleted from the final product.

1 TheGuarantor shall insert an amount representing the percentage of the AcceptedContract Amount specified in the Letter
of Acceptance, less provisional sums,if any, and denominated either in the currency (cies) of the Contract or afreely
convertible currency acceptable to the Beneficiary.
2 Insert the date twenty-eight days after theexpected completion date as described in GC Clause 21.1.1. The Client
shouldnote that in the event of an extension of this date for completion of theContract, the Client would need to request an
extension of this guarantee fromthe Guarantor. Such request must be inwriting and must be made prior to the expiration
date established in theguarantee. In preparing this guarantee, the Client might consider adding thefollowing text to the
form, at the end of the penultimate paragraph: “TheGuarantor agrees to a one-time extension of this guarantee for a period
not toexceed [six months] [one year], in response to the Beneficiary’s written request for suchextension, such request to
be presented to the Guarantor before the expiry ofthe guarantee.”

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SECTION 9: APPENDICES

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Appendix 1 Terms of Reference
This Appendix will include the final Terms of Reference worked out by the Client and the Consultant during technical negotiations,
dates for completion of various tasks, place of performance for different tasks, specific tasks to be approved by Client, etc.

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Appendix 2Hours of Work for Key Personnel
List here the hours of work for Key Personnel; entitlement, if any, to leave and vacation, etc.

Key Personnel and Sub-Consultants

List under:
3ATitles[and names, if already available], detailed job descriptions and minimum qualifications of Key
Personnel, and staff months for each.
3BList of approved Sub Consultants (if already available); same information with respect to their Personnel as
in C-1.

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Appendix 3Cost Estimates
List hereunder cost estimates:
A. Monthly rates for Personnel (Key Personnel and other Personnel)
B. Reimbursable expenses:
1)Per Diem allowances.
2)Travel expenses.
3)Communications.
4)Printing of documents specified in Appendices A and B.
5)Acquisition of specified equipment and materials to be paid for by theClient (including
transportation).
6)Cost of programming and use of, and communication between, the computers.
7)Laboratory tests, model tests, and other technical services.
8)Subcontracts.
9)Other transportation costs
10) Office rent, clerical assistance
11) Other items not covered in the foregoing.

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Appendix 4Form of Advance Payment

BANK GUARANTEE FOR ADVANCE PAYMENTS

[this is the format for the Advance Payment Security to be issued by a scheduled Bank
of Tanzanian accordance with GCC 55.1]

[Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: ___________________ [Name and Address of Client]

Date: ________________

ADVANCE PAYMENT GUARANTEE No.: _________________

We have been informed that [name of Consultant] (hereinafter called "the Consultant") has entered into Contract No.
[reference number of the contract] dated ______ with you, for the provision of [name of contract and brief description of
consulting services] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum [amount in
figures] ( ) [amount in words] is to be made against an advance payment guarantee.

At the request of the Consultant, we [name of Bank] hereby irrevocably undertake to pay you any sum or sums not
exceeding in total an amount of [amount in figures] ( ) [amount in words] upon receipt by us of your first demand in
writing accompanied by a written statement stating that the Consultant is in breach of its obligation under the Contract
because the Consultant used the advance payment for purposes other than the costs of mobilization in respect of the
assignment.

It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above
must have been received by the Consultant on its account number ___________ at_________________ [name and address
of Bank].

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the
Consultant as indicated in copies of interim payment certificates which shall be presented to us. This guarantee shall expire,
at the latest, upon our receipt of a copy of the interim payment certificate indicating that eighty (80) percent of theContract
Price has been certified for payment, or on the ___ day of _____,2___, whichever is earlier. Consequently, any demand for
payment under this guarantee must be received by us at this office on or before that date.

Yours truly,

Signature and seal:

Name of Bank/FinancialInstitution:

Address:

Date

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Appendix 5Code of Conduct for Experts
[Note to PE: include this requirement for supervision of infrastructure contracts (such as Plant or Works) and for
other consulting services where the social risks are substantial or high.]

CODE OF CONDUCT FOR EXPERTS (ES) Form

We are the Consultant, [enter name of Consultant]. We have signed a contract with [enter name of Client] for [enter
description of the Services].These Services will be carried out at [enter the Site and other locations where the Services
will be carried out, as appropriate]. Our contract requires us to implement measures to address environmental and
social risks related to the Services, including the risks of sexual exploitation, sexual abuse and sexual harassment.

This Code of Conduct is part of our measures to deal with environmental and social risks related to the Services. It
applies to all Experts in places where the Services are being carried out.

This Code of Conduct identifies the behavior that we require from all Experts.

Our workplace is an environment where unsafe, offensive, abusive or violent behavior will not be tolerated and where
all persons should feel comfortable raising issues or concerns without fear of retaliation.

REQUIRED CONDUCT
Experts shall:

1. Carry out his/her duties competently and diligently;

2. Comply with this Code of Conduct and all applicable laws, regulations and other requirements, including
requirements to protect the health, safety and well-being of other Experts and any other person;

3. Maintain a safe working environment including, as applicable, by:

a. ensuring that workplaces, equipment and processes under each person’s control are safe and without risk
to health;

b. wearing required personal protective equipment; and

c. following applicable emergency operating procedures.

4. Report work situations that he/she believes are not safe or healthy and remove himself/herself from a work
situation which he/she reasonably believes presents an imminent and serious danger to his/her life or health;

5. Treat other people with respect, and not discriminate against specific groups such as women, people with
disabilities, migrant workers or children;

6. Not engage in Sexual Harassment, which means unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature with other Experts, Contractor’s Personnel (if applicable) or
Client’s Personnel;

7. Not engage in Sexual Exploitation, which means any actual or attempted abuse of position of vulnerability,
differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or
politically from the sexual exploitation of another;

8. Not engage in Sexual Abuse, which means the actual or threatened physical intrusion of a sexual nature,
whether by force or under unequal or coercive conditions;

9. Not engage in any form of sexual activity with individuals under the age of 18, except in case of pre-existing
marriage;

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 10. Complete relevant training courses that will be provided related to the environmental and social aspects of the
Contract, including on health and safety matters, Sexual Exploitation and Abuse (SEA), and Sexual Harassment
(SH);

11. Report violations of this Code of Conduct; and

12. Not retaliate against any person who reports violations of this Code of Conduct, whether to us or the Client, or
who makes use of grievance mechanism for Experts, if any, or the project’s Grievance Redress Mechanism.

13.

RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this Code of Conduct, or that
otherwise concerns him/her, he/she should raise the issue promptly. This can be done in either of the following ways:
1. Contact [enter name of the Consultant’s social expert with relevant experience in handling sexual exploitation,
sexual abuse and sexual harassment cases, or if such person is not required under the Contract, another
individual designated by the Consultant to handle these matters] in writing at this address [ ] or by telephone at [
] or in person at [ ]; or
2. Call [ ] to reach the Consultant’s hotline (if any) and leave a message.
The person’s identity will be kept confidential, unless reporting of allegations is mandated by the country law.
Anonymous complaints or allegations may also be submitted and will be given all due and appropriate consideration.
We take seriously all reports of possible misconduct and will investigate and take appropriate action. We will provide
warm referrals to service providers that may help support the person who experienced the alleged incident, as
appropriate.
There will be no retaliation against any person who raises a concern in good faith about any behavior prohibited by
this Code ofConduct. Such retaliation would be a violation of this Code of Conduct.

CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT

Any violation of this Code of Conduct by Experts may result in serious consequences, up to and including termination
and possible referral to legal authorities.

FOR EXPERT:

I have received a copy of this Code of Conduct written in a language that I comprehend. I understand that if I have
any questions about this Code of Conduct, I can contact [enter name of Consultant’s contact person(s) with relevant
experience]requesting an explanation.

Name of Expert: [insert name]

Signature:__________________________________________________________

Date: (day month year):_______________________________________________

Counter signature of authorized representative of the Consultant:
Signature:________________________________________________________
Date: (day month year):______________________________________________
ATTACHMENT 1: Behaviors constituting Sexual Exploitation and Abuse (SEA) and behaviors constituting
Sexual Harassment (SH)

ATTACHMENT 1 TO THE CODE OF CONDUCT FORM

BEHAVIORS CONSTITUTING SEXUAL EXPLOITATION AND ABUSE (SEA)AND BEHAVIORS
CONSTITUTING SEXUAL HARASSMENT (SH)
The following non-exhaustive list is intended to illustrate types of prohibited behaviors:

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(1) Examples of sexual exploitation and abuse include, but are not limited to:
· An Expert tells a member of the community that he/she can get them jobs related to the Services (e.g. cooking
and cleaning) in exchange for sex.
· An Expert that is connecting electricity in put to households says that he can connect women headed households
to the grid in exchange for sex.
· An Expert rapes, or otherwise sexually assaults a member of the community.
· An Expert denies a person access to the Site unless he/she performs a sexual favor.
· An Expert tells a person applying for employment under the Contract that he/she will only hire him/her if he/she
has sex with him/her.

(2) Examples of sexual harassment in a work context

· An Expert comment on the appearance of anotherExpert (either positive or negative) and sexual desirability.
· When An Expert complains about comments made by another Expert on his/her appearance, the other Expert
comment that he/she is“asking for it” because of how he/she dresses.
· Unwelcome touching of an Expert or Client’sPersonnel by another Expert.
· An Expert tells another Expert that he/she will get him/her a salary raise, or promotion if he/she sends him/her
naked photographs of himself/herself.

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Appendix 7: Reporting Requirements
List format, frequency, and contents of reports; persons to receive them; dates of submission; etc. If no reports
are to be submitted, state here “Not applicable.”

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Appendix 7. Duties of the Client
List under:
5AServices, facilities and property to be made available to the Consultant by the Client.
5BProfessional and support counterpart personnel to be made available to the Consultant by the Client.

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 Appendix 8 Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH) Performance Declaration
nest-document-section-data#fe3ddc40-24cd-4b85-aaea-eb0f06149ff8#
[The following table shall be filled in for the consultant, each member of a Joint Venture, and each sub-
consultant proposed by the Consultant]
Consultant’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member’s or Sub-consultants Name:[insert full name]
RFP No. and Title: [insert RFP number and title]
Page [insert page number] of [insert total number] pages
SEA and/or SH Declaration
We:
(a) have not been subject to disqualification by any PE for non-compliance with SEA/ SH obligations
(b) are subject to disqualification by any PE for non-compliance with SEA/ SH obligations
(c) had been subject to disqualification by aPE for non-compliance with SEA/ SH obligations. An arbitral
award on the disqualification case has been made in our favor.
[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]

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