TDR F PPM 09.04.02 Invitation To Tender Consultant

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Ref: xxxx

Date xxxx

[Insert name, address of Tenderer]

SUBJECT: INVITATION TO TENDER – [ ] CONSULTANCY SERVICES

PROJECT: [ ]

[Client] (hereinafter referred to as "the Client") hereby invites Tenders for the provision of [
] Consultancy Services for the [Project ]

The Project development generally consists of [Project Description]


and is more fully described in the PART 1 – TECHNICAL TERMS attached hereto.

INSTRUCTIONS TO TENDERERS:

1. This Invitation to Tender package comprises:

i. PART 1 - TECHNICAL TERMS

ii. PART 2 - FINANCIAL TERMS

iii. PART 3 - CONTRACT TERMS

attached hereto.

2. The Tenderer’s proposal and all documents accompanying it shall be completed in the
English language and contain all the information and documents called for.

3. The Tenderers (whether they submit a tender or not) must treat the details of this Invitation
to Tender and associated tender documents as private and confidential and must not
divulge the contents to any other party, except as far as necessary for the purpose of
obtaining prices in order to submit their tender only.

4. The Client will not be responsible for any direct or indirect costs, of whatever nature,
incurred by any Tenderer in the preparation of his Tender whether a Tender is finally
accepted or not.

5. Tenders shall include for covering all expenses and obligations of whatsoever nature, as
well as the carrying out and supply of all the Work necessary and the handing over of the

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Services to the Client, in accordance with the terms and conditions of the Contract
Agreement as contained in PART 3 - CONTRACT TERMS.

6. Tenders shall be deposited at/emailed to the offices of the Client (as detailed below) no
later than [Time and Date]

[Client Address]

and clearly marked Tender For:

[PROJECT]

[ ] CONSULTANCY SERVICES

7. The Client is not bound to accept the lowest or any tender and will not assign any reason
for the rejection of any tender

8. The Tender shall be open and valid for a period of [] days from the date of submission and
shall be irrevocable and binding from the date of submission up to the date of expiry of its
validity. No unauthorized alteration to prices will be considered after the date of
submission.

9. The successful Tenderer will be notified by a Letter of Acceptance from the Client that his
Tender has been accepted. The authorised representative of the successful Tenderer will
be required to sign the Contract Agreement within [ ] days.

10. The acceptance of the Tender shall be conditional and not finally binding upon the Client
until the Contract Agreement has been signed by both parties. Should the successful
Tenderer fail to sign the Contract Agreement within the stipulated time or for any other
reason withdraw his participation in the Tender, the Client may due to the default of the
successful Tenderer, withdraw his acceptance of the Tender without any notice or other
formality and may, by private treaty, enter into a new arrangement for the execution of the
Services or any part of it comprised in such new arrangement without prejudice to the right
of the Client to award the Work to the next lowest Tenderer, if necessary, or to any other
entity at any other price or rate.

11. The submission of a Tender is considered to be an acknowledgement by the Tenderer that


he has fully reviewed the Tender Documents and fully understood all matters appertaining
to the conduct of the Contract and his obligations under it. Such submission shall be
considered as an undertaking by the Tenderer that he will execute and complete the
Services and provide all other things necessary for the due performance of the Services in
strict accordance with the Contract Agreement irrespective of any neglect or failure on his
part to obtain reliable information on any matter pertaining to such execution and
completion of the Services

12. Tenderers may request clarification of any discrepancy or obscurity as to the meaning of
any of the Tender Documents by addressing the [Name, Fax] Attn: [Name, Email] in

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writing, with a copy to the Client [Name of Contact person, Fax number, Email] up to [ ]
days before the Tender closing date.

13. Addenda to the Tender Documents may be issued up to [ ] days prior to the date for
return of Tenders for clarification or modification of Contract documents and such addenda
shall be issued to all Tenderers and shall become part of the Tender Documents.

14. This Contract shall be concluded, and shall in all respects be construed and operated, in
accordance with the laws of [Country] unless otherwise stated in the Conditions of
Contract.

15. The successful Tenderer shall be required to obtain all necessary permits, authorizations,
etc. required by the Laws of [Country] and in accordance with the Conditions of Contract in
connection with the Services and pay all charges and fees in connection thereto.

16. It is recognized that the Client has obtained the services of KEO International as the
designated Program Management consultant for the Project. KEO will be coordinating all
contracts, correspondence, Client meetings and act as the Client’s representative
throughout these services.

17.To facilitate tendering and tender evaluation, this Invitation to Tender package reflects the
Agreement which shall be ultimately entered into by the Client and the successful
Tenderer together with all the technical specifications and information and commercial
terms in the order and format as ultimately envisaged.

You are requested to acknowledge receipt of this Tender and to confirm your intent to
submit a proposal to the [Name, Fax] Attn: [Name, Email] in writing, with a copy to the Client
[Name of Contact person, Fax number, Email] within [ ] day of the receipt of this notice.

Yours Faithfully

[Name of the Contact Person, Designation]


[Client]

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PART 1 – TECHNICAL TERMS
CONTENTS

1.0 BACKGROUND..................................................................................................................1
2.0 OBJECTIVES OF THE STUDY..........................................................................................1
3.0 SCOPE OF SERVICES......................................................................................................1
4.0 DELIVERABLES AND PROGRAM....................................................................................2
5.0 FEE PROPOSAL................................................................................................................2
6.0 SCHEDULE / TRAVEL.......................................................................................................2
7.0 RESPONSIBILITIES OF PARTIES....................................................................................2
8.0 STANDARD OF CARE.......................................................................................................3
9.0 NOTICE TO PROCEED......................................................................................................3

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1.0 BACKGROUND

2.0 [Client] Overview


[Overview of the Company, Parent Organization of which it is a subsidiary, any joint venture, etc.]

1. Project Overview

[Significance of the Project, Project type-facilities, landmarks, commencement of the Project, value
addition, etc.]

2.2. Project Details


[Area, Phases of Construction, Development offered on the completion of the Project, etc.]

2.3. Project Description


[Project description]
Drawing showing the layout of the existing MasterPlan.

2.4. Existing Studies


[Description of existing studies]

3.0 OBJECTIVES OF THE STUDY


[Highlight the specific objectives for this study]

4.0 SCOPE OF SERVICES

4.1 [Insert Brief Description of Services per phase]

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5.0 DELIVERABLES AND PROGRAM

5.1 [Attach a list of deliverables required form the Consultant at each key stage of the project].

5.2 The following program is proposed based on the following Key Dates from the Project
Master Schedule (see attachment):

Sl. Description Date


1.
2.
3.
4.
5.
6.
7.
8.

6.0 FEE PROPOSAL


Please develop a fee proposal, expressed in [Currency], for the scope of Work as defined in this
request for proposal. Provide a payment schedule tied to milestone deliverables and detailed fee
back up for each position and effort. Please provide an hourly rate schedule and comprehensive
CVs for the proposed team.

Refer to the FINANCIAL TERMS for more details.

7.0 SCHEDULE / TRAVEL

7.1 Project Schedules


For Project schedule, reference DELIVERABLES AND PROGRAM above of this Request for
Proposal. The schedule outlines the timeframes reasonably expected of the commission and
should be regarded as maximum periods.

7.2 The trips per Service are included in the Scope of Basic Services and compensation for
Consultant and their Consultants.

8.0 RESPONSIBILITIES OF PARTIES

8.1 Client / Client Representative

8.1.1 Services brief:


The Client through their appointed Program Managers, KEO International, will provide the
necessary design brief information including market analysis, feasibility studies, program areas,
and other such relevant information Consultant may reasonably request.

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8.2 Consultant
8.2.1. Expertise: Consultant will coordinate their Work with relevant portions of the Work
of the [Consultant] and other Consultants whom the Client may engage under
separate contract.
8.2.2. Consultant, will provide professional design expertise and services to the extent
described in the Scope of Basic Services
8.2.3. Coordination: Consultant will coordinate their Work with relevant portions of the
Work of the [Consultant] and other Consultants whom the Client may engage under
separate contract. Language: Consultant will prepare all their documents in
English.

9.0 STANDARD OF CARE


9.1 Consultant shall perform its services consistent with reasonable professional skill and care.
Consultant shall perform its services as expeditiously as is consistent with such professional
skill and care and the orderly progress of the Project.

10.0 NOTICE TO PROCEED


10.1 Upon receipt of a Notice to Proceed, Consultant will have [ ] weeks to mobilize the team.

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PART 2 – FINANCIAL TERMS

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1.0 COMPENSATION
1.1 Based on the terms of this agreement, CONSULTANT shall be compensated a
Total Professional Services Fee of [Currency] ______________ (in figures)
(___________ (in words) [Currency])

[Tenderers are to complete]

2.0 EXPENSES
2.1 Travel related expenses are to be included in the fee above and include round-trip
Business Class airfare, hotel and meal charges, miscellaneous ground transportation,
and other subsistence charges.

2.2 Typical Project related expenses are to be included in the fee above, such as
reproduction, photographic expenses, courier services, long-distance communication,
telephone, facsimile, postage, courier, limited shipping, and computer plots.

2.3 If additional travel to [location] or [other location] is requested beyond the number of
trips noted, Consultant will be reimbursed at [Currency]_________ (in words)
(_______________ (in words) [Currency]) per person per trip for travel related
expenses, including reimbursement for professional Services time at staff billing rates,

[Tenderers are to complete]

3.0 PAYMENT SCHEDULE


3.1 Tenderers are to complete the following schedule of payment in relationship to the
phases of the Project.

[Tenderers are to complete]

RELATED PHASE INVOICE AMOUNT

[Currency]

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Total Compensation [Currency]

4.0 PAYMENT TERMS

4.1 Consultant shall identify separately any allowance for permit fees or taxes imposed by
the local government, agencies, banks, or entities.

4.2 Fees for Additional Services will be billed at a fixed fee, or if requested by the Client on
a Time and Materials basis. See Attachment A for staff billing rates.

4.3 The Professional Services Fee shall include professional time spent during the trips
enumerated above, including travel and meeting time.

4.4 Invoice approval process shall be completed within [ ] days of invoice submission and
payment shall be received within [ ] days of invoice approval.

5.0 PAYMENT METHOD


All payment shall be in [Currency] wired to Consultant’s nominated bank account.

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ATTACHMENT A
STAFF BILLING RATES

Director ____/hour
Senior Staff ____/hour
Junior Staff ____/hour
Administrative Assistant ____/hour
Other

[Expand and detail list depending on Design requirements]

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PART 3 – CONTRACT TERMS

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Agreement

This Agreement dated this ______________________ .

Between [CLIENT]
of [Address]

(Hereinafter called “the Client”) of the one part

And _________________________[ Consultant.


Of __________________________
(Hereinafter called “the Consultant”) of the other part.

WHEREAS the Client desires that certain Services should be performed by the Consultant,
hereinafter specified, and has accepted a proposal by the Consultant for the performance of such
Services.

THE CLIENT AND THE CONSULTANT AGREE AS FOLLOWS:

In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in Clause 1.1 of the General Conditions.

The following documents shall be deemed to form and be read and construed as part of the
Agreement, namely:

(a) any letter of offer by the Consultant


(b) any letter of acceptance by the Client
(c) FIDIC Client/Consultant Model Services Agreement; Fourth Edition 2006
(d) the Appendices, namely:

Appendix 1: Scope of Services


Appendix 2: Personnel, Equipment, Facilities and Services of Others to be
provided by the Client
Appendix 3: Remuneration and Payment
Appendix 4: Time Schedule for Services

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In consideration of the payments to be made by the Client to the Consultant under this
Agreement, the Consultant hereby agrees with the Client to perform the Services in conformity
with the provisions of the Agreement.

The Client hereby agrees to pay the Consultant in consideration of the performance of the
Services such amounts as may become payable under the provisions of the Agreement at the
times and in the manner prescribed by the Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year stated above in accordance with their respective laws.

AUTHORISED SIGNATURE(S) OF CLIENT AUTHORISED SIGNATURE(S) OF CONSULTANT

Signature Signature
NAME: NAME:
Title : Title :

In the presence of: In the presence of:


Name Name
Signature Signature
Address Address

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Particular Conditions

A. References from Clauses in the General Conditions

Definitions

The Project is : [xxx]

Commencement Date: To be confirmed, but approx [month/year]

Time for Completion: [state overall duration in calendar days or


calendar weeks or calendar months]

Language for Communication: English

Language(s) of the Agreement: English

Ruling Language: English

Governing Law: Laws of [country]

Notices
Client’s address P.O. Box XXX, Building, Street, City, Country
Email XXX

Telephone number +XXX


Facsimile number +XXX

Consultant’s address P.O. Box XXX, Building, Street, City, Country

Email XXX

Telephone number +XXX


Facsimile number +XXX

Agreed Compensation for Overdue Payment (percent per day): XX

Duration of Liability XXX years


Reckoned from Date of Completion of the Services
Limit of Compensation CurrencyXXX

Required Professional Minimum Currency XX million any claim, Indemnity


Insurance minimum Currency XX million in the
aggregate.

Mediation

Named Mediator From CEDR or Institution of


Civil Engineer

Nominating Centre for Mediation Centre for Effective Dispute


Resolution (CEDR)
International Dispute Resolution
Centre
70 Fleet Street
London ECAY 1EU, UK
Tel.: +41 (0) 20 7536 6000

Mediation Procedures CEDR Model Mediation Procedure


(Or, as stated below)

Rules of Arbitration International Chamber of Commerce


(Or, as stated below)

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B. Additional Clauses

[Insert clauses]

END

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