Standard Instructions to Consultants - RFP 2

1.General

Introduction 1.1The Executing Agency (EA) intends selecting a consultant among those listed in the Data Sheet - RFP1 (para 6), in accordance with the procedures specified in this Request for Proposals (RFP).

1.2Throughout this RFP, the term ''consultant(s)'' is used to refer to individual consulting firms and/or to consortia of consulting firms presenting proposals.

1.3Consultants should note that:

(a) only consultants that have been short listed and invited to submit proposals are eligible to participate in this RFP;

(b)the costs involved in preparing the proposal and negotiating the

contract, including any travel and visits, are not directly reimbursable as a cost of the assignment; and

(c)the EA is not bound to accept any of the proposals submitted.

Source of Funds1.4The funding source and eligibility requirements for the assignment

& Eligibility are covered in the Data Sheet - RFP 1 (para 3).

Consortia,

Subcontractors

and Association1.5If a consultant considers that it does not have all the expertise for the assignment, it may obtain a full range of expertise by associating with individual consultant(s) and/or consultant firms and entities, in a consortium or through subcontracting or association, as appropriate.

Notwithstanding the above, the invited consultant shall remain the prime consultant submitting the proposal.

1.6The consultant may not associate with other consultant(s) invited for this assignment without the prior approval of the EA. Requests for approval of such associations must be received by the EA no later than 14 days after the date of issue of the RFP.

1.7The consultants are encouraged to involve the participation of local consultants where appropriate and possible, by entering into associations or subcontracting with local consultants.

1.8Invited consultants proposing to enter into associations or subcontracts will, nevertheless, be expected to perform the major part of the assignment and to retain full responsibility for the execution of the entire assignment.

Maintaining

Competition1.9If one or more of the invited consultants listed in the Data Sheet - RFP 1(para Competition 6):

  • decide to withdraw and not submit a proposal;
  • receive the approval of the Executing Agency to form a Consortium (as provided for in para 1.6 above), the EA reserves the right to add one or more qualified firms to the list of invited firms, in order to ensure adequate competition for the selection.

Any such change will be notified to all invited consultants in the form of an addendum (as provided for in para 2.5 below)

The PP&R1.10The selection and engagement of the consultant is governed by the relevant provisions in EBRD's Procurement Policies and Rules (PP & R). Copies of the PP&R are available from the EA and can be viewed on EBRD's website:

1.11Consultants must fully familiarise themselves with the following provisions in the PP&R which have specific relevance to consultants participating in a RFP:

(a)PP&R, para 2.7 - prohibitions under a decision of the United Nations Security Council;

(b)PP&R, para 2.9- fraud and corruption;

(c)PP&R, para 3.28 - conflicts of interest between affiliates or parent companies engaged on the same project, and

(d)PP&R, para 5.5 –(a) conflicts of interest between clients and consultants, (b) Submission or participation by a consultant in more than one proposal.

1.12Consultants having any doubt with respect to the above provisions should clarify their situation in that respect with the EA before preparing and submitting a proposal.

1.13Consultants who are ineligible for engagement under any of the above provisions should not submit a proposal. Ineligible consultants who knowingly submit a proposal, thereby misrepresenting the fact of their ineligibility, would be committing a fraudulent act under the provisions of para 2.9 of the PP&R, and subject to any or all of the remedies specified in that provision.

Scope of1.14The scope of services to be performed under the proposed

Serviceassignment are described in the Terms of Reference - RFP 5.

Site Visit1.15Where the assignment requires a good understanding of local conditions, the EA may make arrangements for consultants to visit the project area. Arrangements for any such site visits will be detailed in the Data Sheet - RFP 1 (para 7).

2.The RFP Documents

RFP Documents2.1The RFP documents consist of:

  • Cover Letter
  • RFP Data Sheet - RFP 1
  • Standard Instructions to Consultants - RFP 2
  • Standard Proposal Forms - RFP 3
  • Evaluation Criteria - RFP 4
  • Terms of Reference (TOR) - RFP 5
  • Contract Conditions - RFP 6

Clarifications2.2Consultants requiring clarification of the RFP documents shall contact the EA promptly in writing at the address given in the Data Sheet- RFP 1(para 5).

2.3The EA will respond in writing to any request for clarification, provided that such request is received no later than fourteen (14) days prior to the deadline for submission of proposals specified in the Data Sheet- RFP 1(para 12).

2.4The EA will forward copies of its response to all invited consultants including a description of the query, but without identifying its source.

Amendments2.5At any time prior to the deadline for submission of proposals, the EA may amend the RFP.

2.6Any amendment shall be issued in writing through an addendum. Addenda shall be sent by mail, facsimile or electronic mail to all invited consultants and will be binding on them.

2.7The EA may at its discretion extend the deadline for the submission of proposals through an addendum.

3.Preparation of Proposals

Preparation of3.1In preparing the proposal, consultants are expected to examine, in

Proposaldetail, the documents constituting the RFP.

3.2Material deficiencies in providing the information requested may result in rejection of a proposal.

Language3.3The proposal, as well as all correspondence relating to the RFP. shall be prepared in the language specified in the Data Sheet- RFP 1 (para 8).

The Proposal3.4The Proposal shall consist of the following:

(i)a Proposal Submission Letter, in the format indicated in the Proposal Form - RFP 3.1, completed in the manner and detail indicated therein and signed by the authorised representative of the consultant(s);

(ii)a Power of Attorney authorising the consultants' representative to sign the proposal;

(iii)the Technical Proposal (see para 3.7 below);

(iv)the Financial Proposal (see para 3.14 below).

Technical 3.5The Technical Proposal is intended to demonstrate:

Proposal

  • the consultant's understanding of the required tasks and of the contract requirements set forth in the RFP, and
  • the consultant's capability and capacity to satisfactorily perform the assignment.

3.6In preparing the Technical Proposal, the consultants should note that:

  • it is preferable that the majority of the key experts proposed, be permanent employees of the firm or have an extended and stable working relationship with it;
  • proposed experts must at least satisfy the minimum expertise and experience indicated in the TOR and the Evaluation Criteria;
  • unless otherwise specified in the RFP, alternative experts shall not be proposed and only one CV may be submitted for each position.

3.7The Technical Proposal shall provide the following information, using the StandardProposal Forms - RFP 3, completed in the manner and detail indicated therein, wherever specified:

(a)a brief outline of the firm's organisation;

(b)an outline of the consultant's recent experience on assignments of a similar nature (StandardProposal Form - RFP 3.2);

(c)any comments or suggestions on the TOR or other aspects of the RFP;

(d)a description of the methodology and work plan for performing the assignment (StandardProposal Form - RFP 3.5);

(e)the list of the proposed staff team by speciality, the tasks that would be assigned to each staff team member, timing and estimates of the total staff input. (StandardProposal Form - RFP 3.3);

(f)up-to-date CVs of the proposed experts, recently signed by the staff member and the authorised representative of the consultant submitting the proposal (StandardProposal Form - RFP 3.4);

(g)estimates of the total number of experts needed to carry out the assignment, supported by a bar chart diagram showing the time provided for each experts team member (StandardProposal Form - RFP 3.5); and

(h)any additional information requested in the Data Sheet- RFP 1.

3.8The Technical Proposal shall not include any financial information

3.9Consultants should ensure that the information submitted in their proposal is correct and internally consistent. This information should be verifiable by reference to factual data in the possession of or available to the consultant, or by reference to third parties.

3.10The EA may request verification of any information submitted by a consultant.

3.11A technical proposal may be rejected if the consultant:

  • submits incorrect or misleading information;
  • fails to provide information which is essential to evaluate the proposal, or
  • fails to provide clarification or acceptable verification of the information supplied, in response to a request from the EA for such clarification or verification.

3.12Consultants should note that the misrepresentation of facts could be considered a fraudulent act under the provisions of para 2.9 of the PP&R (see para 1.11(b) above).

The Financial3.13In preparing the Financial Proposal, consultants are expected to take

Proposal intoaccount the requirements and conditions outlined in the RFP documents.

3.14The Financial Proposal should be prepared using the StandardProposal Forms - RFP 3 completed in the manner and detail indicated therein.

3.15The Financial Proposal should list all costs associated with performing the assignment (StandardProposal Form - RFP 3.7).

3.16The Financial Proposal must be expressed in the currency specified in the Data Sheet - RFP 1 (para 10).

3.17Unless otherwise specified in the Data Sheet - RFP 1, and/or provided for in the Standard Contract Conditions, the prices in the Financial Proposal to be incorporated in the final contract, shall be fixed during the performance of the contract and not subject to any variation on any account. A proposal submitted with an adjustable price offer shall be treated as non-responsive and rejected.

Validity Period3.18The proposals must remain valid for the period specified in the Data Sheet - RFP 1 (para 9). During this period the consultant is expected to keep available the experts proposed for the assignment.

Extension of3.19The EA will make its best efforts to complete negotiations within this

Validityperiod. If the EA requests the consultants to extend the validity of the proposals, those consultants who do not agree, have the right not to extend the validity and withdraw their proposal.

4. Signing and Submission of Proposals

4.1The original proposal shall be prepared in indelible ink. Any interlineation, erasures or overwriting shall be valid only if they are signed or initialled by the person or persons signing the proposal.

4.2All pages of the original proposal must be signed or initialled by the person or persons signing the proposal.

4.3The original proposal shall be signed by person or persons authorised to sign on behalf of the consultant. The authorisation of all signatories shall be confirmed by a written power of attorney accompanying the proposal.

4.4In addition to the ''original'' proposal, the consultant shall prepare the requisite number of copies as specified in the Data Sheet - RFP 1 (para 11). The proposal shall be clearly marked ''ORIGINAL'' or ''COPY'' as appropriate. The copies shall be numbered.

4.5If there are any discrepancies between the original and the copies of the proposal, the original governs.

4.6The original and all copies of the Financial Proposal shall be placed in a sealed envelope. The envelope shall:

  • bear the name and address of the consultant;
  • bear the Assignment Title indicated in the Data Sheet - RFP 1 (para 1);
  • be addressed to the Executing Agency at the address specified in the Data Sheet - RFP 1 (para 5), and
  • be clearly marked ''FINANCIAL PROPOSAL - NOT TO BE OPENED UNTIL AFTER THE COMPLETION OF THE TECHNICAL EVALUATION.''

4.7The original and all copies of the Proposal Submission Letter and the Technical Proposal shall be placed, together with the sealed and marked envelope containing the Financial Proposal, in a single outer envelope and sealed.

4.8The outer envelope shall:

  • bear the name and address of the consultant;
  • bear the assignment title indicated in the Data Sheet - RFP 1 (para 1);
  • be addressed to the Executing Agency at the address specified in the Data Sheet - RFP 1 (para 5), and
  • be clearly marked ''NOT TO BE OPENED UNTIL THE FORMAL OPENING OF PROPOSALS MEETING ''.

Submission4.9The completed proposal must be delivered to the submission address on or before the time and date specified in the Data Sheet - RFP 1 (para 12).

4.10Consultants submitting their proposals by international courier do so at their own risk. To prevent mishandling, they must ensure that the proposal is marked and addressed fully in accordance with the instructions in para 4.8 above. They should allow adequate time for shipment and delivery. Consultants should advise the EA by fax or e-mail of the dispatch of their proposal, including details of shipment and the expected date of delivery.

Withdrawals4.11A consultant may modify (including substitution) or withdraw its proposal after the submission of the proposal, provided that written notice of the modification or withdrawal is received by the Executing Agency prior to the deadline prescribed for the submission of proposals.

4.12A notice of modification must be accompanied by the corresponding modification. The envelopes contain them shall be clearly marked ''MODIFICATION'' or ''SUBSTITUTION''.

4.13The modification shall be prepared, signed, sealed, marked and delivered in the same manner as specified above for proposals.

4.14A notice of withdrawal does not require copies. The withdrawal notice shall be signed, sealed, marked and delivered in the same manner specified above for proposals. The envelope containing the withdrawal notice shall be clearly marked ''WITHDRAWAL''.

Late Proposals4.15The EA reserves the right to reject any proposal received after the deadline for submission of proposals. Rejected proposals will be returned unopened.

5. Opening and Evaluation of Proposals

Opening of

Proposals5.1After the deadline for submission of proposals, the Technical Proposals shall be opened by the EA. Proposals withdrawn in accordance with para 4.11 above will be returned unopened to the sender. Only proposals opened and recorded as received shall be considered for evaluation.

5.2Financial Proposals shall remain sealed and held in a secure placed for safekeeping.

5.3Financial Proposals shall only be opened after the technical evaluation has been fully completed and the EBRD has approved the Technical Evaluation Report.

Minutes of5.4The Executing Agency will prepare minutes of the opening of the Opening Technical Proposals which will include:

  • the names of the persons present at the opening;
  • the names of the consultants that submitted proposals;
  • any modification or withdrawal notices;
  • any other important matters related to the opening of the proposal.

5.5Minutes of the opening will be sent to all consultants who submitted proposals.

Contacting5.6From the deadline for submission of proposals to the award of a

the EAcontract, if any consultant wishes to contact the EA on any matter related to its proposal, it should do so in writing at the address indicated in the Data Sheet - RFP 1 (para 5);.

5.7Any effort by a consultant to influence the EA in the evaluation of proposals or contract award decisions may result in the rejection of the consultant's proposal.

Confidentiality5.8Except for written communication between the EA and consultants as provided for under paras 5.6, 5.7, 5.12 and 6.1 of these Standard Instructions to Consultants, information related to the evaluation of proposals, contract award recommendations and contract negotiations shall not be disclosed to consultants or to any other person not officially concerned with the process, until the contract with the successful consultant has been signed.

Preliminary5.9Only proposals received from invited consultants will be considered

Examination for further evaluation.

5.10The EA will examine each proposal to see whether it is complete, has been prepared substantially in accordance with the instructions in the RFP and constitutes an adequate basis for the evaluation and comparison of proposals.

Clarification5.11To assist in the examination and evaluation of proposals, the EA may ask any consultant for clarification of its proposal. Such clarification can be requested at any stage up to the contract award decision. Requests for clarification and the responses shall be in writing and no change in the substance of the proposal shall be sought, offered or permitted.

Interviews5.13The technical evaluation may include interviews of the key experts proposed. If interviews are to be held then the mechanism for selecting consultants to be interviewed must be clearly set out in the DataSheet - RFP 1. The weight of scoring given to any interview elements must also be clearly stated in Evaluation Criteria & Methodology - RFP 4. If required, these interviews will normally take place at the headquarters of the EA at a time to be arranged by the EA. The results of the interviews will be taken into account in the final technical score awarded to each proposal.

Technical Score5.14Each responsive proposal will be given a technical score. A proposal shall be rejected at this stage if it does not respond to important aspects of the TOR or if it fails to achieve the minimal technical score, or any minimum score indicated for any of the criteria, indicated in the Evaluation Criteria & Methodology - RFP 4.

Technical

Evaluation

Report5.15After the technical evaluation is complete the EA shall submit the Technical Evaluation Report to the EBRD for its review and approval.

Financial5.16The EA shall not open the Financial Proposals until after the EBRD has approved the Technical Evaluation Report. Only the Financial Proposals of consultants which submitted Technical Proposals that were scored at or above 1) the minimum overall technical threshold; and 2) any criteria to which a threshold applies, will be opened. Where (with reference to Evaluation Criteria & Methodology - RFP 4) the financial proposals are not to be scored as part of the evaluation process, only the Financial Proposal of the highest rated Technical Proposal shall be opened.

Public Opening

Of Financial

Proposals5.17Where (with reference to Evaluation Criteria & Methodology - RFP 4) the financial proposals are to be scored as part of the evaluation process, all consultants which submitted a proposal will be invited to the Public Opening of the Financial Proposals. The opening shall take place not less than seven working days after the date that the EA notifies the eligible consultants.

Attendance at the Public Opening is not compulsory and consultants which do not attend shall not be prejudiced in any manner. Attendance at the Public Opening of Financial Proposals shall be at the consultant’s own expense.

5.18At the Public Opening of Financial Proposals a representative of the EA shall first read aloud (or otherwise circulate) the technical scores of all consultants that submitted proposals. The EA shall then open the financial proposals of all firms whose overall average technical score and criteria scores for any criteria to which a minimum threshold applies and shall read aloud and record the total price. The EA shall not, at this stage, perform a detailed review of the Financial Proposals or enter into any discussions whatsoever with the participants regarding the content of any of the proposal documents or the technical scores.