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SELECTION OF CONSULTANTS

SINGLE STAGE OPEN COMPETITIVE SELECTION

REQUEST FOR PROPOSALS

Reference No.: 45518

Selection of Consulting Services for: Kotayk and Gegharkunik Solid

Waste Management Project

Project Implementation Support

Client: “Kotayk and Gegharkunik Municipal Solid Waste Management”

LTD

Country: Armenia

Project:

Armenia: Kotayk Solid Waste Project – Project Implementation Support

Issued on: September 2019

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TABLE OF CLAUSES

PART I – SELECTION PROCEDURES AND REQUIREMENTS

Section 1.1 Letter of Invitation

Section 1.2 Instructions to Consultants and Data Sheet

A. General Provisions

1. Definitions

2. Introduction

3. Conflict of Interest

4. Unfair competitive advantage

5. Prohibited Practices

6. Eligibility

7. General Considerations

8. Cost of Preparation of Proposal

9. Language

10. Only One Proposal

11. Clarification and Amendment of the RFP Documents

12. Confidentiality

B. Request for Proposals

13. Documents Comprising the Proposal

14. Proposal Validity

15. Preparation of Proposals – Specific Considerations

16. Technical Proposal Format and Content

17. Financial Proposal

18. Submission, Sealing and Marking of Proposals

19. Opening of Technical Proposals

20. Proposals Evaluation

21. Evaluation of Technical Proposals

22. Financial Proposals for QBS

23. Public Opening of Financial Proposals (for QCBS, FBS, and LCS

methods)

24. Correction of Errors

25. Taxes

26. Conversion to Single Currency

27. Combined Quality and Cost Evaluation

28. Negotiations

29. Conclusion of Negotiations

30. Award of Contract

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C. Data Sheet

Section 1.3. Evaluation Criteria

Section 1.4. Technical Proposal – Standard Forms

1. Form TECH-1 (FTP / STP): Proposal Submission Form

2. Form TECH-2 (FTP): Consultant’s Organization and Experience

3. Form TECH-3 (FTP): Comments and Suggestions on Terms of Reference,

Counterpart Staff and Facilities to be Provided by Client

4. Form TECH-4 (FTP): Description of Approach, Methodology and Work

Plan in Responding to the Terms of Reference

5. Form TECH-4 (STP): Description of Approach, Methodology and Work

Plan for Responding to the Terms of Reference

6. Form TECH-5 (FTP/STP): Work Schedule and Planning for Deliverables

7. Form TECH-6 (FTP/STP): Team Composition, Assignment and Key

Experts’ Time Input; and CV Form

Section 1.5. Financial Proposal – Standard Forms

1. Form FIN-1: Financial Proposal Submission Form

2. Form FIN-2: Summary of Costs

3. Form FIN-3: Breakdown of Costs

PART II - REQUIREMENTS

Section 2.1. Terms of Reference

PART III – CONDITIONS OF CONTRACT AND CONTRACT

FORMS

Section 3.1. Standard Form of Contract

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Section 1.1. Letter of Invitation –

Single Stage Open Competitive Selection – Request for

Proposals

45518; Armenia: Kotayk Solid Waste Project – Project Implementation Support

Dear Sir or Madam,

1. RA Ministry of Territorial Administration and Infrastructure has been allocated grant

funds (the “Grant”) from the International Donor(s) which are administered by the

Bank and executed by the “Kotayk and Gegharkunik Municipal Solid Waste

Management” LTD (the "Client"). The Client intends to apply the funds to eligible

payments under the contract for which this Request for Proposals is issued.

Payments by the Bank will be made only at the request of the Client and upon

approval by the Bank, and will be subject, in all respects, to the terms and conditions

of the grant agreement. The grant agreement prohibits a withdrawal from the grant

account for the purpose of any payment to persons or entities, or for any import of

goods, if such payment or import, to the knowledge of the Bank, is prohibited by a

decision of the United Nations Security council taken under Chapter VII of the Charter

of the United Nations. No party other than the Client shall derive any rights from the

grant agreement or have any claims to the proceeds of the grant.

2. The Client now invites proposals to provide the following consulting services

(hereinafter called “Services”): Kotayk Solid Waste Project - Project Implementation

Support. More details on the Services are provided in the Terms of Reference (Section

2.1).

3. A firm will be selected under Quality and Cost based Selection (QCBS) procedures

and in a Full Technical Proposal (FTP) format as described in this RFP, in accordance

with the policies of the Bank, detailed in the EBRD Procurement Policies and Rules

(“PP&R”) and the Guidelines for Clients Managing Donor or Loan Funded

Consultancy Assignments (“Guidelines”) which can be found at the following website:

www.ebrd.com.

4. The RFP includes the following documents:

Section 1.1 - Letter of Invitation

Section 1.2 - Instructions to Consultants and Data Sheet (Section B. "Expressions

of Interest" will not be applicable to this selection.)

Section 1.3 – Evaluation Criteria

Section 1.4 - Technical Proposal FTP - Standard Forms

Section 1.5 - Financial Proposal - Standard Forms

Section 2.1 - Terms of Reference

Section 3.1 - Standard Form of Contract

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5. Details on the proposal’s submission date, time and address are provided in Clauses

18.8 and 18.10 of the ITC.

Yours sincerely,

Sergey Hambardzumyan

Director of “Kotayk and Gegharkunik Municipal Solid Waste Management” LTD

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Section 1.2. Instructions to Consultants and Data Sheet

A. General Provisions

1. Definitions (i) “Affiliate(s)” means an individual or an entity that

directly or indirectly controls, is controlled by, or is

under common control with the Consultant.

(ii) “Applicable Guidelines” means the policies of the

European Bank for Reconstruction and Development

governing the selection and Contract award process as

set forth in this RFP.

(iii)“Applicable Law” means the laws and any other

instruments having the force of law in the Client’s

country, or in such other country as may be specified in

the Data Sheet, as they may be issued and in force from

time to time.

(iv) “Bank” or “EBRD” means the European Bank for

Reconstruction and Development.

(v) "Bank Assets" means any property or asset owned or

administered by the Bank, including the Bank’s name,

intellectual property and registered service marks.

(vi) "Bank Resources" means the Bank’s ordinary capital

resources, Special Funds resources, and/or cooperation

funds or trust funds administered by the Bank.

(vii) “Recipient” means the Government, Government

agency or other entity that signs the loan, grant,

financing or project agreement with the Bank.

(viii) “Client” means the executing agency that signs the

Contract for the Services with the selected Consultant.

(ix) “Consultant” means a legally-established professional

consulting firm or an entity that may provide or

provides the Services to the Client under the Contract.

(x) “Contract” means a legally binding written agreement

signed between the Client and the Consultant and

includes all the attached documents listed in its Contract

Form (the General Conditions of Contract (“GCC”), the

Special Conditions of Contract (“SCC”), and the

Appendices).

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(xi) “Data Sheet” means an integral part of the RFP that is

used to reflect specific country and assignment

conditions to supplement, but not to over-write, the

provisions of the ITC.

(xii) “Day” means a calendar day.

(xiii) "Disclosure Actions" means any of the actions that

the Bank has taken or may take in accordance with

Section III, Article 10.3 of the Bank's Enforcement

Policy and Procedures.

(xiv) "Donor" means the provider of the Grant funds as

specified in the Data Sheet.

(xv) “Electronic Procurement Platform” in these

documents refers to the EBRD Client e-Procurement

Portal (ECEPP) provided by the EBRD for use of its

clients (or any replacement thereof).

(xvi) "Enforcement Actions" means any of the actions

that the Bank has taken or may take in accordance with

Section III, Article 10.2. of the Bank's Enforcement

Policy and Procedures.

(xvii) "Enforcement Policy and Procedures" means the

Bank’s policy and procedures for processing allegations

of fraud, corruption, collusion, coercion, obstruction,

theft or misuse of the Bank’s resources or Bank’s assets

in relation to activities and projects financed from the

Bank’s ordinary capital resources (including the

purchase of the goods, works or services for the Bank)

or from special funds resources, or from cooperation

funds administered by the Bank.

(xviii) “Experts” means, collectively, Key Experts, Non-

Key Experts, or any other personnel of the Consultant,

Sub-consultant or Joint Venture member(s).

(xix) “Government” means the government of the

Client’s country.

(xx) "Grant" means the amount of funds to be made

available by the Donor to the Bank, as administrator, for

the purposes of financing the Contract.

(xxi) "Joint Venture, Consortium or Association

(“JVCA”)” 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 business for and on behalf of

any and all the members of the JVCA, and where the

members of the JVCA are jointly and severally liable to

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the Client for the performance of the Contract.

(xxii) “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.

(xxiii) “ITC” means the Instructions to Consultants that

provides the Consultants with all information needed to

prepare their Proposals.

(xxiv) “LOI” means the Letter of Invitation issued by the

Client to the Consultants.

(xxv) "Mutual Enforcement Institution" means an

international organisation that has entered into an

agreement with the Bank, pursuant to which such

institution and the Bank agree to the mutual

enforcement of debarment decisions made by each

other, provided that such other institution has given

notice to the Bank that it has fulfilled all requirements

for the implementation of such agreement and has not

subsequently withdrawn from such agreement.

(xxvi) “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.

(xxvii) "Notice" is the procurement notice published on the

EBRD’s website and other channels, if applicable,

which invites consultants to submit Proposals.

(xxviii)"Project Complaints Mechanism" means the

EBRD’s accountability mechanism that has been

established to assess and review complaints about

Bank-financed projects.

(xxix) “Proposal” means the Technical Proposal with, or

without a Financial Proposal of the Consultant, as the

case might be.

(xxx) "RFP" means this request for proposals.

(xxxi) “Services” means the work to be performed by the

Consultant pursuant to the Contract.

(xxxii) “Sub-consultant” means an entity to whom the

Consultant intends to subcontract any part of the

Services while remaining responsible to the Client

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during the performance of the Contract.

(xxxiii)"Third Party Finding" means a final judgment of a

judicial process in a member country of the Bank or a

finding by the enforcement (or similar) mechanism of

an international organisation, which is not a Mutual

Enforcement Institution, that an individual or entity has

engaged in a Prohibited Practice or equivalent act of

that member country or international organisation.

(xxxiv) “TORs” means the Terms of Reference that explain

the objectives, scope of work, activities, tasks to be

performed, respective responsibilities of the Client and

the Consultant, and expected results and deliverables of

the Services.

2. Introduction 2.1. The Client named in the Data Sheet intends to select a

Consultant from the Consultants responding to this RFP, in

accordance with the method of selection specified in the Data

Sheet.

2.2. The Consultants are invited to submit a Proposal, which may

consist of one of the following: a Technical Proposal only; or a

Technical Proposal and a Financial Proposal, as specified in the

Data Sheet, for consulting services required for the assignment

named in the Data Sheet. The Proposal will be the basis for

negotiating and ultimately signing the Contract with the selected

Consultant.

2.3. The Consultants should familiarize themselves with the local

conditions and take them into account in preparing their Proposals,

including attending a pre-response conference if one is specified

in the Data Sheet. Attending any such pre-response conference is

optional and is at the Consultants’ expense.

2.4. The Client will provide in good time, at no cost to the

Consultants, the inputs, relevant project data, and reports required

for the preparation of the Consultant’s Proposal as specified in the

Data Sheet.

3. Conflict of Interest

3.1. The Consultant is required to provide professional, objective,

and impartial advice at all times, holding the Client’s interests

paramount, strictly avoiding conflicts with other assignments or its

own corporate interests, and acting without any consideration for

future work.

3.2. The Consultant has an obligation to disclose to the Client any

situation of actual or potential conflict that impacts its capacity to

serve the best interest of its Client. Failure to disclose such

situations may lead to the disqualification of the Consultant or the

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termination of its Contract by the Client, and/or sanctions by the

Bank.

3.2.1. Without limitation on the generality of the foregoing,

and unless stated otherwise in the Data Sheet, the Consultant

shall not be contracted under the circumstances set forth

below:

a. Conflicting

activities

(i) Conflict between consulting activities and procurement

of goods, works or non-consulting services: a firm that

has been engaged by the Client to provide goods, works,

or non-consulting services for a project, or any of its

Affiliates, shall be disqualified from providing

consulting services resulting from or directly related to

those goods, works, or non-consulting services.

Conversely, a firm hired to provide consulting services

for the preparation or implementation of a project, or

any of its Affiliates, shall be disqualified from

subsequently providing goods or works or non-

consulting services resulting from or directly related to

the consulting services for such preparation or

implementation.

b. Conflicting

assignments

(ii) Conflict among consulting assignments: a Consultant

(including its Experts and Sub-consultants) or any of its

Affiliates shall not be contracted for any assignment

that, by its nature, may be in conflict with another

assignment of the Consultant for the same or for another

Client.

c. Conflicting

relationships

(iii) Relationship with the Client’s staff: a Consultant

(including its Experts and Sub-consultants) that has a

close business or family relationship with a professional

staff of the Recipient, or the Client or of a recipient of a

part of the loan or grant who are directly or indirectly

involved in any part of (i) the preparation of the Terms

of Reference for the assignment, (ii) the selection

process for the Contract, or (iii) the supervision of the

Contract, may not be awarded a Contract, unless the

conflict stemming from this relationship has been

resolved in a manner acceptable to the Bank throughout

the selection process and the execution of the Contract.

(iv) Relationship with the Client: a Consultant cannot be an

affiliate of the Client unless it can be demonstrated that

there is not a significant degree of common ownership,

influence or control between the Client and the

Consultant and that the Consultant would not be placed

in a position where its judgement in the execution of the

assignment may be biased.

(v) Any other types of conflicting relationships as indicated

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in the Data Sheet.

4. Unfair

Competitive

Advantage

4.1. 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 Client shall indicate in the Data Sheet and make

available to all Consultants together with this RFP all information

that would in that respect give such Consultant any unfair

competitive advantage over competing Consultants.

5. Prohibited

Practices

5.1. The Bank requires that Borrowers (including beneficiaries of

Bank-financed operations) , as well as tenderers, suppliers, sub-

suppliers, contractors, subcontractors, concessionaires, consultants

and sub-consultants under Bank financed contracts, observe the

highest standard of transparency and integrity during the

procurement, execution, and implementation of such contracts.

5.2. The Borrower (including beneficiaries of Bank-financed

operations), as well as tenderers, suppliers, sub-suppliers,

contractors, sub-contractors, concessionaires, consultants, or sub-

consultants, shall not, and shall not authorise or permit any of their

officers, directors, authorised employees, affiliates, agents or

representatives to engage in Prohibited Practices with respect to

the procurement, award, or execution of the Contract.

5.3. The Bank may declare the Contract to be ineligible for

financing, and the Bank may take any of the Enforcement Actions

and Disclosure Actions as defined in the Enforcement Policy and

Procedures, if in accordance with the Enforcement Policy and

Procedures the Bank determines that:

(a) the Borrower (including beneficiaries of Bank-financed

operations), tenderers, suppliers, sub-suppliers,

contractors, sub-contractors, concessionaires, consultants,

or sub-consultants have engaged in Prohibited Practices

with respect to the procurement, award, or execution of the

Contract.

(b) a Third Party Finding has sufficient relevance and

seriousness for the Bank to warrant Enforcement Actions

and Disclosure Actions against entities or individuals.

5.4. In accordance with the Enforcement Policy and Procedures,

the Bank may enforce debarments from Mutual Enforcement

Institutions by declaring entities or individuals ineligible, either

indefinitely or for a stated period of time, to be awarded a Bank-

financed contract.

5.5. In contracts financed by the Bank, the Bank requires a

provision mandating tenderers, suppliers, sub-suppliers,

contractors, sub-contractors, concessionaires, consultants, and

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sub-consultants to permit the Bank or persons appointed by the

Bank to inspect the Site and / or to inspect their assets, books,

accounts and records relating to the Contract and to have such

assets, books, accounts and records audited by auditors appointed

by the Bank, if required by the Bank.

The tenderers, suppliers, sub-suppliers, contractors, sub-

contractors, concessionaires, consultants, and sub-consultants shall

require their officers, directors, employees or agents with

knowledge of the Contract to respond to questions from the Bank

and to provide to the Bank any information or documents

necessary for (i) the investigation of allegations of Prohibited

Practices, or (ii) the Bank’s monitoring and evaluation of the

Contract and to enable the Bank to examine and address any

project-related complaints made under the Bank’s Project

Complaint Mechanism.

The tenderers, suppliers, sub-suppliers, contractors, sub-

contractors, concessionaires, consultants, and sub-consultants shall

maintain all books, documents and records related to the Contract

in accordance with applicable law but in any case for at least six

years from the date of substantial performance of the Contract.

5.6. For the purposes of this provision, Prohibited Practices are

defined as one or more of the following:

(a) a "Coercive Practice" which means impairing or

harming, or threatening to impair or harm, directly or

indirectly, any party or the property of the party to

influence improperly the actions of a party;

(b) a "Collusive Practice" which means an arrangement

between two or more parties designed to achieve an

improper purpose, including to influence improperly the

actions of another party;

(c) a "Corrupt Practice" which means the offering, giving,

receiving or soliciting, directly or indirectly, of anything

of value to influence improperly the actions of another

party;

(d) a "Fraudulent Practice" which means any act or

omission, including a misrepresentation, that knowingly

or recklessly misleads, or attempts to mislead, a party to

obtain a financial or other benefit or to avoid an

obligation;

(e) a "Misuse of the Bank’s Resources or Bank Assets"

which means improper use of the Bank’s Resources,

committed either intentionally or through reckless

disregard;

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(f) an "Obstructive Practice" which means

i. if the services are co-financed with the European

Investment Bank as indicated in the Data Sheet, an

Obstructive Practice which means (1) destroying,

falsifying, altering or concealing of evidence

material to the investigation, or making false

statements to investigators, with the intent to

impede the investigation; (2) threatening, harassing

or intimidating any party to prevent it from

disclosing its knowledge of matters relevant to the

investigation or from pursuing the investigation; or

(3) acts intended to impede the exercise of the

Bank’s contractual rights of audit or inspection or

access to information;

ii. if the Services are not co-financed with the

European Investment Bank, as indicated in the

Data Sheet, (1) destroying, falsifying, altering or

concealing of evidence material to a Bank

investigation, which impedes the Bank’s

investigation; (2) making false statements to

investigators in order to materially impede a Bank

investigation into allegations of a Prohibited

Practice; (3) failing to comply with requests to

provide information, documents or records in

connection with a Bank investigation; (4)

threatening, harassing or intimidating any party to

prevent it from disclosing its knowledge of matters

relevant to a Bank investigation or from pursuing

the investigation; or (5) materially impeding the

exercise of the Bank’s contractual rights of audit or

inspection or access to information; and

(g) a "Theft" which means the misappropriation of property

belonging to another party.

6. Eligibility 6.1. The Bank permits consultants (individuals and firms,

including JVCAs and their individual members) from all countries

to offer consulting services for Bank-financed projects, unless

otherwise provided in the Data Sheet.

6.2. Furthermore, it is the Consultant’s responsibility to ensure

that its Experts, joint venture members, Sub-consultants, agents

(declared or not), sub-contractors, service providers, suppliers

and/or their employees meet the eligibility requirements as

established by the Bank in the Data Sheet.

6.3. As an exception to the foregoing Clauses 6.1 and 6.2 above:

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a. Sanctions 6.3.1. A firm or an individual sanctioned by the Bank in

accordance with the above Clause 5.1 or in accordance with

the EBRD’s Enforcement Policies and Procedures ("EPP")

shall be ineligible to be awarded a Bank-financed contract, or

to benefit from a Bank-financed contract, financially or

otherwise, during such period of time as the Bank shall

determine. The list of debarred firms and individuals is

available at the electronic address specified in the Data Sheet.

b. Prohibitions 6.3.2. Firms and individuals of a country or goods

manufactured in a country may be ineligible if so indicated in

the Data Sheet or:

(a) as a matter of law or official regulations, the

Recipient’s and/or Client’s country prohibits

commercial relations with that country, provided that

the Bank is satisfied that such exclusion does not

preclude effective competition for the provision of

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 Recipient’s or

Client’s Country prohibits any import of goods from

that country or any payments to any country, person, or

entity in that country.

7. General

Considerations

7.1. In preparing the Proposal, the Consultant is expected to

examine the RFP in detail. Failure to provide the information

requested in the RFP may result in rejection of the Proposal.

8. Cost of

Preparation of

Proposal

8.1. The Consultant shall bear all costs associated with the

preparation and submission of its Proposal, and the Client shall

not be responsible or liable for those costs, regardless of the

conduct or outcome of the selection process. The Client is not

bound to accept any Proposal, and reserves the right to annul the

selection process at any time prior to Contract award, without

thereby incurring any liability to the Consultant.

9. Language 9.1. The Proposal, as well as all correspondence and documents

relating to the Proposal exchanged between the Consultant and the

Client, shall be written in the language(s) specified in the Data

Sheet.

10. Only One

Proposal

10.1. The Consultant (including the individual members of any

JVCA) shall submit only one Proposal, either in its own name or

as part of a JVCA in another Proposal. If a Consultant, including

any Joint Venture member, submits or participates in more than

one Proposal, all such Proposals shall be disqualified and rejected.

For the purpose of this Article a sub-consultant is not considered

to be participating in a Proposal.

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11. Clarification and

Amendment of the

RFP

11.1. The Consultant may request a clarification of any part of the

RFP documents during the period indicated in the Data Sheet

before the Proposals’ submission deadline. Any request for

clarification must be sent in writing, or by electronic means as

specified in the Data Sheet, to the Client’s address indicated in

the Data Sheet. The Client will respond in writing, or by

electronic means, as specified in the Data Sheet, and will make

written copies of the response (including an explanation of the

query but without identifying its source) available to Consultants.

Should the Client deem it necessary to amend the RFP documents

as a result of a clarification, it shall do so following the procedure

described below:

11.1.1. At any time before the Proposal submission

deadline, the Client may amend the Notice and/ or the RFP

by issuing an amendment in writing or by electronic means

as specified in the Data Sheet. The amendment will be

binding on all Consultants. The Consultants shall

acknowledge receipt of all amendments sent in writing, if

requested to do so.

11.1.2. If the amendment is substantial, the Client may

extend the Proposal submission deadline to give the

Consultants reasonable time to take an amendment into

account in their Proposals.

11.2. The Consultant may submit a modified Proposal or a

modification to any part of it at any time prior to the Proposal

submission deadline. No modifications to the Proposal shall be

accepted after the deadline.

12. Confidentiality 12.1. From the time the Proposals are opened to the time that the

Contract is awarded, the Consultant should not contact the Client

on any matter related to its Proposal. Information relating to the

evaluation of Proposals and award recommendations shall not be

disclosed to the Consultants who submitted the Proposals or to any

other party not officially concerned with the process, until the

publication of the Contract award information.

12.2. Any attempt by the Consultant or anyone on behalf of the

Consultant to influence improperly the Client in the evaluation of

the Proposals or Contract award decisions may result in the

rejection of its Proposal, and may be subject to the application of

the Bank’s prevailing sanctions procedures.

12.3. Notwithstanding the above provisions, from the time of the

Proposals’ opening to the time of Contract award publication, if a

Consultant wishes to contact the Client on any matter related to

the selection process, it may do so only in writing or via the

Electronic Procurement Platform, as applicable.

12.4. Notwithstanding the above provisions, from the time of the

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Proposals’ opening to the time of Contract award publication, if a

Client wishes to contact the Consultant to request clarifications of

any aspect of their Proposal it may do so only in writing or via the

Electronic Procurement Platform, as applicable, providing

reasonable time for the Consultant to submit a Proposal.

13. Documents

Comprising the

Proposal

13.1. The Proposal shall comprise the documents and forms listed

in the Data Sheet.

13.2. The Consultant shall furnish information on commissions,

gratuities, and fees, if any, paid or to be paid to agents or any other

party relating to this Proposal and, if awarded, Contract execution,

as requested in the Financial Proposal submission form (Section

1.5.).

14. Validity of

Proposals

14.1. The Data Sheet indicates the period during which the

Consultant’s Proposal must remain valid after the Proposal

submission deadline.

14.2. During this period, the Consultant shall maintain its original

Proposal without any change, including the availability of the Key

Experts, the proposed rates and the total price.

14.3. If it is established that the Consultant knew, or should have

known at the time of Proposal submission, that any Key Expert

nominated in the Consultant’s Proposal would not be available to

perform the Services or was included in the Proposal without

his/her confirmation, such Proposal shall be disqualified and

rejected for further evaluation, and may be subject to sanctions in

accordance with Clause 5 of this ITC.

a. Extension of

Validity Period

14.4. The Client will make its best effort to complete the

evaluation and negotiations within the Proposal’s validity period.

However, should the need arise, the Client may request, in writing,

all Consultants who submitted Proposals prior to the submission

deadline to extend the Proposals’ validity.

14.5. If the Consultant agrees to extend the validity of its Proposal,

it shall be done without any change in the original Proposal and

with the confirmation of the availability of the Key Experts.

14.6. The Consultant has the right to refuse to extend the validity

of its Proposal in which case such Proposal will not be further

evaluated.

b. Substitution of

Key Experts at

Validity

Extension

14.7. 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 Client

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

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technical evaluation score, however, will remain to be based on

the evaluation of the CV of the original Key Expert.

14.8. 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 Client,

such Proposal will be rejected, subject to the Bank’s prior no

objection.

c. Sub-

Contracting

14.9. The Consultant shall not subcontract the whole of the

Services, unless otherwise indicated in the Data Sheet.

15. Preparation of

Proposals – Specific

Considerations

15.1. While preparing the Proposal, the Consultant must give

particular attention to the following:

15.1.1. If a Consultant considers that it may enhance its

expertise for the assignment by associating with other

consultants in the form of a JVCA or as Sub-consultants.

15.1.2. The Client may indicate in the Data Sheet the

estimated Key Experts’ time input (expressed in person-

month) or the Client’s estimated total cost of the

assignment, but not both. This estimate is indicative and the

Proposal shall be based on the Consultant’s own estimates

for the same.

15.1.3. If stated in the Data Sheet, the Consultant shall

include in its Proposal at least the same time input (in the

same unit as indicated in the Data Sheet) of Key Experts,

failing which the Financial Proposal will be adjusted for the

purpose of comparison of Proposals and decision for award

in accordance with the procedure in the Data Sheet.

15.1.4. For assignments under the Fixed-Budget selection

method, the estimated Key Experts’ time input is not

disclosed. The total available budget, exclusive of indirect

taxes, is given in the Data Sheet, and the Financial Proposal

shall not exceed this budget.

16. Format and

Content of the

Proposal

16.1. A Technical Proposal shall not include any information on

the price of the Services. A Technical Proposal containing

information on the price of the Services shall be declared non-

responsive.

16.2. Depending on the nature of the assignment, the Consultant is

required to submit a Full Technical Proposal (FTP), or a

Simplified Technical Proposal (STP) as indicated in the Data

Sheet and using the Standard Forms provided in Section 1.4 of the

RFP.

17. Financial

Proposal

17.1. The Financial Proposal shall be prepared using the Standard

Forms provided in Section 1.5 of the RFP. It shall list all costs

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required by the RFP.

a. Price

Adjustment

17.2. For assignments with a duration exceeding 18 months, a

price adjustment provision for foreign and/or local inflation for

remuneration rates applies if so stated in the Data Sheet.

b. Taxes 17.3. The Consultant and its Sub-consultants and Experts are

responsible for meeting all tax liabilities arising out of the

Contract unless stated otherwise in the Data Sheet. Information

on taxes in the Client’s country may be provided in the Data

Sheet but the onus remains with the Consultant to ascertain

the taxes that will apply in the event of a contract.

c. Currency of

Proposal

17.4. The Consultant shall express the price for its Services in the

currency or currencies as stated in the Data Sheet. If indicated in

the Data Sheet, the portion of the price representing local cost

shall be stated in the national currency.

d. Currency of

Payment

17.5. Payment under the Contract shall be made in the currency or

currencies in which the payment is requested in the Proposal.

18. Submission,

Sealing, and Marking

of Proposals

18.1. The processes and procedures which apply to the

submission and evaluation will follow the applicable evaluation

method, stated in Section 2.1 of the Data Sheet.

18.2. The submission can be done by mail or by hand, or if

specified in the Data Sheet, the Consultant shall submit its

Proposal electronically in accordance with such instructions or

processes as are provided by the Electronic Procurement

Platform. In the event of inconsistencies between the

requirements of the RFP and the requirements of the Electronic

Procurement Platform, the requirements of the Electronic

Procurement Platform shall take precedence.

18.3. The Consultant shall submit a signed and complete Proposal

comprising the documents and forms in accordance with the RFP

and the requirements set out in the Data Sheet.

18.4. An authorized representative of the Consultant shall sign the

original submission letters in the required format for both the

Technical Proposal and, if applicable, the Financial Proposal, and

shall initial all pages of both, if submitted by mail or by hand.

The authorization shall be in the form of a written power of

attorney attached to the Proposal.

18.4.1. A Proposal submitted by a JVCA shall be signed

by all members so as to be legally binding on all

members, or by an authorized representative who has a

written power of attorney signed by each member’s

authorized representative and attached to the Proposal.

18.5. Any modifications, revisions, interlineations, erasures, or

overwriting shall be valid only if they are signed or initialled by

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the person signing the Proposal.

18.6. The signed Proposal shall be marked “Original”, and its

copies marked “Copy” as appropriate. The number of copies is

indicated in the Data Sheet. All copies shall be made from the

signed original. If there are discrepancies between the original

and the copies, the original shall prevail.

18.7. The Proposals shall be placed into one outer envelope and

sealed. This outer envelope shall bear the submission address, the

name and reference number of the assignment, the name and

address of the Consultant, and with a warning “Do Not Open

Before [Consultant to insert the date and the time of the Proposal

submission deadline]”.

18.8. If required in the Data Sheet, the Consultant shall submit

their Technical Proposal and Financial Proposal under separate

sealed envelopes, with the following modalities:

18.8.1. If required in the Data Sheet, the original and all

the copies of the Technical Proposal shall be placed inside

a sealed envelope clearly marked “Technical Proposal”,

where the Consultant shall mark the name and reference

number of the assignment, the name and address of the

Consultant, and with a warning “Do Not Open until

[Consultant to insert the date and the time of the

Technical Proposal submission deadline].”

18.8.2. If required in the Data Sheet, the original Financial

Proposal (if required for the applicable selection method),

submitted by mail or by hand, shall be placed inside of a

sealed envelope clearly marked “Financial Proposal”

followed by the name and reference number of the

assignment, the name and address of the Consultant, and

with a warning “Do Not Open With The Technical

Proposal.”

18.9. If the envelopes and packages with the Proposal are not

sealed and marked as required, the Client will assume no

responsibility for the misplacement, loss, or premature opening of

the Proposal.

18.10. The Proposal or its modifications must be sent to the

address indicated in the Data Sheet and received by the Client no

later than the deadline indicated in the Data Sheet, or any

extension to this deadline. Any Proposal or its modification

received by the Client after the deadline shall be declared late and

rejected, and promptly returned unopened.

19. Opening of

Proposals

19.1. The process for opening of Proposals submitted by mail or

by hand shall be conducted in accordance with this Clause, and

will depend on the applicable selection method. If Proposals are

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submitted electronically, the process for opening of Proposals

shall be conducted in accordance with such instructions or

processes as are provided by the Electronic Procurement

Platform, in which case those shall take precedence over the

provisions of this section.

19.2. The Client shall conduct the opening of the Proposals in the

presence of the Consultants’ authorized representatives who

choose to attend (in person, or online if this option is offered in

the Data Sheet).

If Financial Proposals are submitted in separate, sealed envelopes,

in accordance with Clause 18.8 of the ITC, the envelopes with the

Financial Proposal shall remain sealed and shall be securely

stored until they are opened in accordance with Clause 23 of the

ITC.

19.3. At the opening of the Proposals the following shall be read

out, or otherwise communicated: (i) the name and the country of

the Consultant or, in case of a JVCA, the name of the JVCA, the

name of the lead member and the names and the countries of all

members; (ii) the presence or absence of a duly sealed envelope

with the Financial Proposal (if applicable); (iii) any modifications

to the Proposal submitted prior to proposal submission deadline;

and (iv) any other information deemed appropriate or as indicated

in the Data Sheet.

20. Proposals

Evaluation

20.1. While evaluating the Proposals, the Client will conduct the

evaluation solely on the basis of the submitted Proposals and any

clarifications sought and received by the Client in accordance

with Clause 12.4 of this ITC. The Consultant is not permitted to

alter or modify its Proposal in any way after the Proposal

submission deadline except as permitted under Clause 11.2 of this

ITC.

21. Evaluation of

Technical Proposals

21.1. The Client’s evaluation committee shall evaluate the

Technical Proposals on the basis of their responsiveness to the

Terms of Reference and the RFP, applying the evaluation criteria,

sub-criteria, and point system specified in the Data Sheet. Each

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 RFP or if it fails to achieve the minimum technical

score indicated in the Data Sheet.

22. Financial

Proposals for QBS

22.1. Following the ranking of the Technical Proposals, when the

selection is based on quality only (QBS), the top-ranked

Consultant is invited to negotiate the Contract.

22.2. If Financial Proposals were invited together with the

Technical Proposals, only the Financial Proposal of the

technically top-ranked Consultant is opened by the Client’s

evaluation committee. All other Financial Proposals are returned

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unopened after the Contract negotiations are successfully

concluded and the Contract is signed.

23. Public Opening of

Financial Proposals (

for QCBS, FBS, and

LCS methods)

23.1. If Financial Proposals are submitted in separate, sealed

envelopes, in accordance with Clause 18.8 of the ITC, the

opening process of Financial Proposals submitted by mail or by

hand shall be conducted in accordance with this Section, and will

depend on the applicable selection method. If Financial Proposals

are submitted electronically, the opening process of Financial

Proposals shall be conducted in accordance with such instructions

or processes as are provided by the Electronic Procurement

Platform, in which case those shall take precedence over the

provisions of this section.

23.2. After the technical evaluation is completed and the Bank

has issued its no objection (if applicable), the Client shall notify

those Consultants whose Technical Proposals were considered

non-responsive to the RFP (including the TOR) or did not meet

the minimum qualifying technical score (and shall provide

information relating to the Consultant’s overall technical score,

as well as the scores obtained for the sub-criteria) that their

Financial Proposals will be returned unopened after completing

the selection process and Contract signing. The Client shall

simultaneously notify in writing those Consultants that have

achieved the minimum overall technical score and inform them

of the date, time and location for the opening of the Financial

Proposals. The opening date should allow the Consultants

sufficient time to make arrangements for attending the opening.

The Consultant’s attendance at the opening of the Financial

Proposals (in person, or online if such option is indicated in the

Data Sheet) is optional and is at the Consultant’s choice.

Consultants who have been notified that their proposals are

considered non-responsive may request in writing to the Client

for a debriefing seeking further explanations on the grounds on

which their proposals were considered non-responsive. Upon

receiving such a request, the Client shall promptly, and in any

case within two weeks, arrange a debriefing.

23.3. The Financial Proposals shall be opened by the Client in the

presence of the representatives of those Consultants whose

proposals have passed the minimum technical score. At the

opening, the names of the Consultants, and the overall technical

scores, including the break-down by criterion, shall be read aloud

or otherwise communicated. The Financial Proposals will then be

inspected to confirm that they have remained sealed and

unopened. These Financial Proposals shall be then opened, and

the total prices read aloud and recorded. Copies of the record

shall be sent to all Consultants who submitted Proposals and to

the Bank.

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24. Correction of

Errors

24.1. Activities and items described in the Technical Proposal but

not priced in the Financial Proposal, shall be assumed to be

included in the prices of other activities or items, and no

corrections are made to the Financial Proposal.

a. Time-Based

Contracts

24.1.1. If a the Financial Proposal is time-based, in whole

or in part, the Client’s evaluation committee will (a) correct

any computational or arithmetical errors, and (b) adjust the

prices if they fail to reflect all inputs included for the

respective activities or items in the Technical Proposal. In

case of discrepancy between (i) a partial amount (sub-total)

and the total amount, or (ii) between the amount derived by

multiplication of unit price with quantity and the total price,

or (iii) between words and figures, the former will prevail.

In case of discrepancy between the Technical and Financial

Proposals in indicating quantities of input, the Technical

Proposal prevails and the Client’s evaluation committee

shall correct the quantification indicated in the Financial

Proposal so as to make it consistent with that indicated in

the Technical Proposal, apply the relevant unit price

included in the Financial Proposal to the corrected quantity,

and correct the total Proposal cost.

b. Lump-Sum

Contracts

24.1.2. If a the Financial Proposal is lump-sum based, in

whole or in part, the Consultant is deemed to have included

all prices in the Financial Proposal, or in the part that is

lump-sum based, so neither arithmetical corrections nor

price adjustments shall be made. The total price, net of

taxes understood as per Clause 25 of the ITC below,

specified in the Financial Proposal (Form FIN-1) shall be

considered as the offered price.

25. Taxes

25.1. Except as set out in Sub-clause 25.2, all taxes are deemed

included in the Consultant’s Financial Proposal, and, therefore,

included in the evaluation.

25.2. Any local identifiable indirect taxes levied on the contract

invoices (such as sales tax, VAT, excise tax, or any similar taxes

or levies) and income tax payable to the Client’s country on the

remuneration of non-resident Experts for the services rendered in

the Client’s country are dealt with in accordance with the

instructions in the Data Sheet.

26. Conversion to

Single Currency

26.1. For evaluation purposes, prices shall be converted to a

single currency using the selling rates of exchange, source and

date indicated in the Data Sheet.

27. Combined Quality

and Cost Evaluation

a. Quality- and

Cost-Based

27.1. In the case of QCBS, the total score is calculated by

weighting the technical and financial scores and adding them as

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Selection (QCBS)

per the formula and instructions in the Data Sheet. The

Consultant achieving the highest combined technical and

financial score will be invited for negotiations.

b. Fixed-Budget

Selection (FBS)

27.2. In the case of FBS, those Proposals that exceed the budget

indicated in Clause 15.1.3 of the Data Sheet shall be rejected.

27.3. The Client will select the Consultant that submitted the

highest-ranked Technical Proposal that does not exceed the

budget indicated in the RFP, and invite such Consultant to

negotiate the Contract.

c. Least-Cost

Selection

27.4. In the case of Least-Cost Selection (LCS), the Client will

select the Consultant with the lowest evaluated total price among

those consultants that achieved the minimum technical score, and

invite such Consultant to negotiate the Contract.

28. Negotiations 28.1. Prior to contract negotiations, the Client shall notify all

unsuccessful consultants of the results of the consultant selection

process, identifying the name of the assignment and the following

information: (i) name of each consultant whose financial

proposals were opened; (ii) combined technical and financial

scores of all consultants whose financial proposals were opened

(iii) prices of financial proposals as read out at financial proposal

opening; (iv) if applicable, an explanation why the evaluated

price differs from the price of the evaluated proposal; and (v)

name of the winning consultant, and the evaluated contract price,

as well as the duration and summary scope of the contract signed.

After receiving such notification, unsuccessful consultants may

request in writing to the Client for a debriefing seeking further

explanations on the grounds on which their proposals were not

selected. Upon receiving such a request, the Client shall

promptly, and in any case within two weeks, arrange a

debriefing. At the same time, the Client shall also arrange for the

publication of the above information on the Bank’s website.

Where the electronic procurement platform is used, publication is

made upon completion of the selection process, prior to contract

negotiations.

28.2. The negotiations will be held at the date and address

indicated in the Data Sheet with the Consultant’s

representative(s) who must have written power of attorney to

negotiate and sign a Contract on behalf of the Consultant.

28.3. The Client shall prepare minutes of negotiations that are

signed by the Client and the Consultant’s authorized

representative.

a. Availability of

Key Experts

28. 6. The invited Consultant shall confirm the availability of all

Key Experts included in the Proposal as a pre-requisite to the

negotiations, or, if applicable, a replacement in accordance with

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Clause 14 of the ITC. Failure to confirm the Key Experts’

availability may result in the rejection of the Consultant’s

Proposal and the Client proceeding to negotiate the Contract with

the next-ranked Consultant.

28.7. Notwithstanding the above, the substitution of Key Experts

at the negotiations may be considered if due solely to

circumstances outside the reasonable control of and not

foreseeable by the Consultant, including but not limited to death

or medical incapacity. In such case, the Consultant shall offer a

substitute Key Expert within the period of time specified in the

letter of invitation to negotiate the Contract, who shall have

equivalent or better qualifications and experience than the

original candidate.

b. Technical

negotiations

28.8. The negotiations include discussions of the Terms of

Reference (TORs), the proposed methodology, the Client’s

inputs, the special conditions of the Contract, and finalizing the

“Description of Services” part of the Contract. These discussions

shall not substantially alter the original scope of services under

the TOR or the terms of the contract, lest the quality of the final

product, its price, or the relevance of the initial evaluation be

affected.

c. Financial

negotiations

28.9. The negotiations include the clarification of the

Consultant’s tax liability in the Client’s country and how it should

be reflected in the Contract.

28.10. If the selection method included cost as a factor in the

evaluation, the total price stated in the Financial Proposal for a

Lump-Sum contract shall not be negotiated.

In the case of a Time-Based (in whole or in part) contract, unit

rates negotiations shall not take place, except when the offered

Key Experts and Non-Key Experts’ remuneration rates are much

higher than the typically charged rates by consultants in similar

contracts. In such case, the Client may ask for clarifications and,

if the fees are very high, ask to change the rates after consultation

with the Bank.

28.11. The Consultant shall furnish the Client with details of the

bank account(s) that the Consultant proposes to use for the

purpose of receiving payments due under the Contract.

29. Conclusion of

Negotiations

29.1. The negotiations are concluded with a review of the

finalized draft Contract, which then shall be initialed by the

Client and the Consultant’s authorized representative.

29.2. If the negotiations fail, the Client shall inform the

Consultant in writing of all pending issues and disagreements and

provide a final opportunity to the Consultant to respond. If

disagreement persists, the Client shall terminate the negotiations

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informing the Consultant of the reasons for doing so. After

having obtained the Bank’s no objection, the Client will invite the

next-ranked Consultant to negotiate the Contract. Once the Client

commences negotiations with the next-ranked Consultant, the

Client shall not reopen the earlier negotiations.

30. Award of

Contract

30.1. After completing the negotiations the Client shall obtain the

Bank’s no-objection to the negotiated draft Contract, if applicable

and sign the Contract.

30.2. The Consultant is expected to commence the assignment on

the date and at the location specified in the Data Sheet.

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Instructions to Consultants

DATA SHEET

ITC Clause

Reference

2.1.

Name of the Client: “Kotayk and Gegharkunik Municipal Solid Waste

Management” LTD

Method of evaluation: QCBS as per Applicable Guidelines: EBRD

Procurement Policies and Rules ("PP&R") dated November 2017 and the

Guidelines for Clients Managing Donor or Loan Funded Consultancy

Assignments.

2.2 Procurement method

Single Stage Open Competitive Selection – Request for Proposal

Financial Proposal to be submitted together with Technical Proposal:

Yes

The name of the assignment is: Kotayk Solid Waste Project – Project

Implementation Support

The procurement will be undertaken using the Electronic Procurement

Platform: No

2.3 A pre-response conference will be held: No

2.4 The Client will provide the following inputs, project data, reports, etc. to

facilitate the preparation of the Proposals: N/A

4.1 N/A

6.1. and 6.2. None

6.3.1. A list of debarred firms and individuals is available at the Bank’s

external website: http://www.ebrd.com/pages/about/integrity/list.shtml.

6.3.2 In reference to ITC6.3.2, for the information of Consultants, at the present

time firms, goods and services from the following countries are excluded

from this selection:

Under the ITC 6.3.2 (a): None

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Under the ITC 6.3.2 (b): None

9.1 This RFP has been issued in the English language. This shall be the

governing language of the RFP.

Proposals must be submitted and all correspondence exchange shall be in the

language or the languages of the RFP.

10.1 Participation of Sub-consultants, Key Experts and Non-Key Experts in

more than one Proposal is permissible: Yes

11.1 Clarifications may be requested no later than 15 days prior to the

submission deadline.

The contact information for requesting clarifications is:

Davit Shindyan, Expert, RA Ministry of Territorial Administration and

Infrastructure

Address: Government House 3, Republic Square, Yerevan 0010, Armenia

E-mail: dshindyan@gmail.com

The following electronic means shall be used for requesting clarifications:

E-mail: Yes

Electronic Procurement Platform: No

The following electronic means shall be used for providing updates to the

RFP:

Updates to the Procurement Notice: Yes

Electronic Procurement Platform: No

13.1

Proposals must remain valid for 120 calendar days after the proposal

submission deadline (i.e., until: 14 February 2020).

15.1.2

Not Applicable

15.1.3

Estimated total cost of the assignment: 800,000 EUR

15.1.4

Not Applicable

15.1.5

Not applicable

16.2 The format of the Technical Proposal to be submitted is:

FTP

Submission of the Technical Proposal in a wrong format may lead to the

Proposal being deemed non-responsive to the RFP requirements.

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17.1

No Sample list.

17.2 A price adjustment provision applies to remuneration rates: Yes

17.3 The Consultant and its Sub-consultants and Experts are responsible to

determine their tax obligations in the Client’s country.

17.4 The Financial Proposal shall be stated in the following currencies or

currencies: EUR

The Financial Proposal should state local costs in the Client’s country

currency (local currency): No.

18.2 The Consultants shall not have the option of submitting their Proposals

electronically.

18.3 The Technical Proposal shall comprise the following documents:

For FULL TECHNICAL PROPOSAL (FTP):

1st Inner Envelope with the Technical Proposal:

(1) Power of Attorney to sign the Proposal

(2) TECH-1

(3) TECH-2

(4) TECH-3

(5) TECH-4

(6) TECH-5

(7) TECH-6

The Financial Proposal shall comprise the following documents:

2nd

Inner Envelope with the Financial Proposal:

(1) FIN-1

(2) FIN-4

(3) FIN-3

Where the Electronic Procurement Platform is used, the Consultant shall

submit the attachments required by the platform.

18.6

Where submission is by mail or by hand, the Consultant must submit:

(a) Technical Proposal: one (1) original and two copies;

(b) Financial Proposal: one (1) original and two copies

In addition to the hardcopy original and copies of technical and financial

proposals, the Consultants shall also include a flash memory drive (memory

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stick) in each of the inner envelopes (Technical and Financial) providing the

electronic version of the each proposal respectively.

The Consultants are to note, that the same provisions apply to electronic

copies of proposals as stated in Data Sheet sub-clause 16.1.

18.10

The Proposals must be submitted no later than:

Date: 17 October 2019

Time: 13:00 local time

The Proposal submission address is: Armenian Territorial Development

Fund

Address: 0037 Yerevan, K. Ulnetsu str. 31 building, 4-th floor room 407

19.1 The opening shall take place at:

same as the Proposal submission address

Date: 17 October 2019

Time: 13:00 local time

Where the Electronic Procurement Platform is used, submissions will be

opened automatically at the time and date set in the system.

19.3 In addition, where submission is by mail or by hand the following

information will be read aloud or otherwise communicated, at the

opening of the Proposals: N/A

Where the Electronic Procurement Platform is used, submissions will be

opened automatically at the time and date set in the system and a record of

the opening will be sent automatically to the Consultants who submitted

Proposals.

23.1 An online option of the opening of the Financial Proposals is offered:

No.

Where the Electronic Procurement Platform is used, a record of the

opening will be sent automatically to the Consultants whose Proposals

were opened.

25.2

For the purpose of the evaluation, the Client will exclude: (a) all local

identifiable indirect taxes, including VAT, on the contract invoices; and (b)

all additional local indirect tax on the remuneration of services rendered by

non-resident experts of the Consultant in the Client’s country. At contract

negotiations, all applicable indirect local taxes will be discussed and agreed

(using the itemized list as guidance but not limiting to it) and added to the

contract amount in a separate line, also indicating which taxes shall be paid

by the Consultant and which are to be withheld and paid by the Client on

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behalf of the Consultant.

26.1

The single currency for the conversion of all prices expressed in various

currencies into a single one is: EUR

The official source of the selling (exchange) rate is: the Central Bank of

Armenia.

The date of the exchange rate is: 28 days prior to the deadline for

submission of proposals.

Where the Electronic Procurement Platform is used, the record of the

opening automatically provides a conversion for system data purposes into

Euro. This may or may not be the same rate that will be used for evaluations.

27.1

The lowest evaluated Financial Proposal (Fm) is given the maximum

financial score (Sf) of 100.

The formula for determining the financial scores (Sf) of all other Proposals

is calculated as following:

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.

The weights given to the Technical (T) and Financial (P) Proposals are:

T = 80, and

P = 20

Proposals are ranked according to their combined technical (St) and financial

(Sf) scores using the weights (T = the weight given to the Technical

Proposal; P = the weight given to the Financial Proposal; T + P = 1) as

following: S = St x T% + Sf x P%.

28.1 Expected date and address for contract negotiations: To Be Determined

after the completion of the evaluation of proposals

30.2 Expected date for the commencement of the Services:

Date: December 2019 at: Yerevan, Armenia

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Section 1.3 – Evaluation Criteria

Min.

Technical

Score

(% of max.)

Criteria Weight

(a) Consultant’s relevant professional experience: 15 -

experience in similar assignments [50%]

experience in similar locations [30%]

structure, organization, capacity of Consultant [20%]

(b) Quality of the methodology proposed for the Assignment: 20 75

understanding of assignment [20%]

approach and methodology [20%]

work plan and team assignments [60%]

(c) Qualifications of Key Experts:

60 70

International Team Leader/Project Manager [15%]

Local Project Manager (Deputy Team Leader) [15%]

IFI Procurement and Contracts Specialist [5%]

International Solid Waste supervision engineer [5%]

Local Solid Waste supervision engineer [5%]

International Solid Waste Designer [5%]

Local Solid Waste Designer [5%]

Finance/Disbursement Specialist [5%]

Construction Supervision Specialist [5%]

Construction Supervision Specialist [5%]

Environmental Specialist [2%]

Health and Safety Specialist [2%]

Social Specialist [1%]

GIS Specialist [5%]

GIS Specialist [5%]

Data Researcher [5%]

Data Researcher [5%]

Legal Specialist [5%]

Each of the Key Experts listed above will be evaluated as follows:

General qualifications 10%

Specific experience and expertise related to their task 70%

Experience in region 20%

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(d). Other factors 5 -

local participation 1,5%

local presence 2%

training/transfer of knowhow 1,5%

TOTAL 100 75

The minimum technical score (St) required to pass is: 75

The evaluation of specific experience and expertise of the Key Staff shall be based on the

number of similar projects implemented.

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Section 1.4. Technical Proposal– Standard Forms

FORM TECH-1A

TECHNICAL PROPOSAL SUBMISSION FORM

{Location, Date}

To: Armenian Territorial Development Fund, Address: 0037 Yerevan, K. Ulnetsu str. 31

building, 4 floor , room 407

Date:

RFP No.:

RFP Name:

Dear Sirs:

We, the undersigned, offer to provide the consulting services for the above

assignment in accordance with the Request for Proposal documents, and our Proposal.

{If the Consultant is a joint venture, insert the following: We are submitting our

Proposal in association/as a consortium/as a joint venture with:

Lead Member: [Full name, legal address, authorized representative]

Members: [Full name, legal address, authorized representative]

We have attached a copy [insert: “of our letter of intent to form a joint venture” or, if a

JVCA is already formed, “of the JVCA agreement”] signed by every participating

member, which details the likely legal structure of and the confirmation of joint and

several liability of the members of the said joint venture.

We acknowledge that Attachment 1 to this Technical Proposal: “Covenant of Integrity –

Consultant Contact Sheet”, forms part of this Technical Proposal.

AND/OR

[If your Proposal includes Sub-consultants, insert the following: We are submitting our

Proposal with the following firms as Sub-consultants: {Insert a list with full name and

address of each Sub-consultant.}]

We hereby declare that:

(a) All the information and statements made in this Proposal are true and we

accept that any misinterpretation or misrepresentation contained in this

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Proposal may lead to our disqualification by the Client and/or may be

sanctioned by the Bank.

(b) Our Proposal shall be valid and remain binding upon us for the period of

time specified in Clause 14.1 of the ITC.

(c) We have no conflict of interest in accordance with Clause 3 of the ITC.

(d) We meet the eligibility requirements as stated in Clause 6 of the ITC, and

we confirm our understanding of our obligation to abide by the Bank’s

policy in regard to prohibited practices as per Clause 5 of the ITC.

(e) Except as stated in the Clause 14.7 of the ITC, we undertake to negotiate a

Contract on the basis of the proposed Key Experts. We accept that the

substitution of Key Experts for reasons other than those stated in Clause 14

of the ITC and Clause 28.2 of the ITC may lead to the termination of

Contract negotiations.

(f) Our Proposal is binding upon us and subject to any modifications resulting

from the Contract negotiations.

We undertake, if our Proposal is accepted and the Contract is signed, to initiate the

Services related to the assignment no later than the date indicated in Clause 30.2 of the

ITC.

We understand that the Client is not bound to accept any Proposal that the Client

receives.

We remain,

Yours sincerely,

Authorized Signature {In full and initials}:

Name and Title of Signatory:

Name of Consultant (company’s name or JVCA’s name):

In the capacity of:

Address:

Contact information (phone and e-mail):

{For a joint venture, either all members shall sign or only the lead member, in

which case the power of attorney to sign on behalf of all members shall be

attached.}

Where the Electronic Procurement Platform is used, the signed form and attachment shall

be uploaded to the platform.

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Attachment 1 to Proposal:

Covenant of Integrity – Consultant Contact Sheet

[Instructions to Client: use this default attachment 1 unless the conditions for the use of

one of the Variant attachments, indicated in each of the Variants, are met. If a Variant is

used, delete this Default version from the RFP package.]]

To: ______(insert name of Recipient/Client)_______

We declare and covenant that neither we nor anyone, including any of our directors,

employees, agents, joint venture partners, consultants or sub-contractors, where these

exist, acting on our behalf with due authority or with our knowledge or consent, or

facilitated by us, has engaged, or will engage, in any Prohibited Practice (as defined

below) in connection with the consultant selection process or in the execution or supply of

any works, goods or services for [insert the name of the Contract] (the “Contract”) and

covenant to so inform you if any instance of any such Prohibited Practice shall come to the

attention of any person in our organisation having responsibility for ensuring compliance

with this Covenant.

We shall, for the duration of the consultant selection process and, if we are successful with

our Expression of Interest, for the duration of the Contract, appoint and maintain in office

an officer, who shall be a person reasonably satisfactory to you and to whom you shall

have full and immediate access, having the duty, and the necessary powers, to ensure

compliance with this Covenant.

We declare and covenant that, except for the matters disclosed in this Covenant of

Integrity:

(i) we, our subsidiaries and affiliates, and all of our directors, employees, agents or

joint venture partners, where these exist, have not been convicted in any court of

any offence involving a Prohibited Practice in connection with any tendering or

competitive selection process or provision of works, goods or services during the

ten years immediately preceding the date of this Covenant;

(ii) none of our directors, employees, agents or a representatives of a joint venture

partner, where these exist, has been dismissed or has resigned from any

employment on the grounds of being implicated in any Prohibited Practice;

(iii) we, our subsidiaries and affiliates and our directors, employees, agents or joint

venture partners, where these exist, are not prohibited from participation in a

tendering or competitive selection procedure on the grounds of having been found

by the final judgement of a judicial process or a finding by the enforcement (or

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similar) mechanism of another international organisation to have engaged in a

Prohibited Practice;

(iv) we, our subsidiaries and affiliates, as well as any subcontractors, or suppliers or

affiliates of the subcontracts or supplier are not subject to any sanction imposed by

resolution of the United Nations Security Council.

If applicable, provide full disclosure of any convictions, dismissal, resignations,

exclusions or other information relevant to Articles i) ii) iii) or (iv) in the box below.

Name of Entity Required

to be Disclosed

Reason Disclosure is Required1

For the purpose of this Covenant, the terms set forth below define Prohibited Practices as:

(i) a Coercive Practice which means impairing or harming, or threatening to impair or

harm, directly or indirectly, any party or the property of any party to influence improperly

the actions of a party;

(ii) a Collusive Practice which means an arrangement between two or more parties

designed to achieve an improper purpose, including to influence improperly the actions of

another party;

(iii) a Corrupt Practice which means the offering, giving, receiving or soliciting, directly

or indirectly, of anything of value to influence improperly the actions of another party;

(iv) a Fraudulent Practice which means any act or omission, including a

misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to

obtain a financial or other benefit or to avoid an obligation;

(v) a Misuse of the Bank’s Resources or Bank Assests which means improper use of the

Bank’s Resources or Bank's Assets , committed either knowingly or recklessly;

(vi) an Obstructive Practice which means (1) destroying, falsifying, altering or

concealing of evidence material to a Bank investigation, which impedes the Bank’s

investigation; (2) making false statements to investigators in order to materially impede a

Bank investigation into allegations of a Prohibited Practice; (3) failing to comply with

requests to provide information, documents or records in connection with a Bank

investigation; (4) threatening, harassing or intimidating any party to prevent it from

disclosing its knowledge of matters relevant to a Bank investigation or from pursuing the

investigation; or (5) materially impeding the exercise of the Bank’s contractual rights of

audit or inspection or access to information; and

(vii) a Theft which means the misappropriation of property belonging to another party.

1 For each matter disclosed, provide details of the measures that were taken, or shall be taken, to ensure that neither the

disclosed entity nor any of its directors, employees or agents commits any Prohibited Conduct in connection with the consultant selection process for this Contract.

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Following the submission of our Expression of Interest, we grant the project financier, the

Bank and/or persons appointed by them, the right of inspection of our, and any proposed

subcontractors, accounts and records and permission to have any such accounts and

records audited by auditors appointed by the Bank, if required by the Bank. We accept to

preserve these records generally in accordance with applicable law but in any case for at

least six years from the date of substantial performance of the Contract.

We further declare that no affiliate of the Recipient/Client is participating in our

Expression of Interest in any capacity whatsoever.

Name:

In the

capacity of:

Signed:

Duly

authorised to

sign for and

on behalf of:

Date:

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Contact Sheet

Full legal name of Lead Organisation/

Individual:

Trading Name (if different from above):

Country of Registration:

Address of registered office:

Postal address (if different from above):

Telephone number (including country

code):

Fax number (including country code):

Main contact person for this Expression

of Interest:

Main contact person’s position in the

Organisation:

Contact person’s email address:

Alternate contact person:

Alternative E-mail:

Website of the Organisation:

Important Notes:

Any change in the addresses, phone numbers, fax numbers and in particular e-mail addresses, must be

notified in writing to the Recipient/Client. The Recipient/Client will not be held responsible in the event

that they ca not contact the Consultant using any of the above details. It is the sole responsibility of the

Consultant to ensure that it monitors its telephone and fax numbers and its postal and e-mail addresses.

In particular, the Recipient/Client shall proceed on the assumption that the e-mail address(es) is

constantly monitored, that your security settings permit the Recipient/Client’s e-mails to be received and

that the e-mail address is capable of receiving attachments (particularly PDF and Microsoft Word).

Where the Electronic Procurement Platform is used, please ensure registration details on

the platform correspond to the information above.

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FORM TECH-2 (FOR FULL TECHNICAL PROPOSAL ONLY)

CONSULTANT’S ORGANIZATION AND EXPERIENCE

Form TECH-2: a brief description of the Consultant’s organization and an outline of the

recent experience of the Consultant that is most relevant to the assignment. In the case of a

joint venture, information on similar assignments shall be provided for each partner. For

each assignment, the outline should indicate the names of the Consultant’s Key Experts

and Sub-consultants who participated, the duration of the assignment, the contract amount

(total and, if it was done in a form of a joint venture or a sub-consultancy, the amount paid

to the Consultant), and the Consultant’s role/involvement.

A - Consultant’s Organization

{1. Provide here a brief description of the background and organization of your company,

and – in case of a joint venture – of each member for this assignment.}

B - Consultant’s Experience

1. List only previous similar assignments successfully completed for the period required in

the Terms of Reference.

2. List only those assignments for which the Consultant was legally contracted by the

Client 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 Client.

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Duration

Assignment name/& brief description of main

deliverables/outputs

Name of Client & Country of Assignment

Approx. Contract value

(in US$ or EURO)/ Amount

paid to your firm

Role on the Assignment

{e.g., Jan.2009– Apr.2010}

{e.g., “Improvement quality of...............”: designed master plan for rationalization of ........; }

{e.g., Ministry of ......, country}

{e.g., US$1 mill/US$0.5 mill}

{e.g., Lead partner in a JVCA A&B&C}

{e.g., Jan-May 2008}

{e.g., “Support to sub-national government.....” : drafted secondary level regulations on..............}

{e.g., municipality of........., country}

{e.g., US$0.2 mil/US$0.2 mil}

{e.g., sole Consultant}

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FORM TECH-3 (FOR FULL TECHNICAL PROPOSAL)

COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE,

COUNTERPART STAFF AND FACILITIES TO BE PROVIDED BY THE CLIENT

Form TECH-3: comments and suggestions on the Terms of Reference that could improve the

quality/effectiveness of the assignment; and on requirements for counterpart staff and

facilities, which are provided by the Client, including: administrative support, office space,

local transportation, equipment, data, etc.

A - On the Terms of Reference

{Describe proposed modifications or improvement to the Terms of Reference (such as

deleting some activity you consider unnecessary, or adding another, or proposing a

different phasing of the activities). Such suggestions should be concise and to the point,

and incorporated in your Proposal.}

B - On Counterpart Staff and Facilities

{Include comments on counterpart staff and facilities to be provided by the Client. For

example, administrative support, office space, local transportation, equipment, data,

background reports, etc.}

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FORM TECH-4 (FOR FULL TECHNICAL PROPOSAL ONLY)

DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN IN

RESPONDING TO THE TERMS OF REFERENCE

Form TECH-4: a description of the approach, methodology and work plan for performing

the assignment, including a detailed description of the proposed methodology and staffing

for training, if the Terms of Reference specify training as a specific component of the

assignment.

{Suggested structure of your Technical Proposal (in FTP format):

a) Technical Approach and Methodology

b) Work Plan

c) Organization and Staffing}

a) Technical Approach and Methodology. {Please explain your understanding of

the objectives of the assignment as outlined in the Terms of Reference (TORs), the

technical approach, and the methodology you would adopt for implementing the

tasks to deliver the expected output(s), and the degree of detail of such output.

Please do not repeat/copy the TORs in here.}

b) Work Plan. {Please outline the plan for the implementation of the main

activities/tasks of the assignment, their content and duration, phasing and

interrelations, milestones (including interim approvals by the Client), and tentative

delivery dates of the reports. The proposed work plan should be consistent with the

technical approach and methodology, showing your understanding of the TOR and

ability to translate them into a feasible working plan. A list of the final documents

(including reports) to be delivered as final output(s) should be included here. The

work plan should be consistent with the Work Schedule Form.}

c) Organization and Staffing. {Please describe the structure and composition of

your team, including the list of the Key Experts, Non-Key Experts and relevant

technical and administrative support staff.}

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FORM TECH-4 (FOR SIMPLIFIED TECHNICAL PROPOSAL ONLY)

DESCRIPTION OF APPROACH, METHODOLOGY, AND WORK PLAN FOR

PERFORMING THE ASSIGNMENT

Form TECH-4: a description of the approach, methodology, and work plan for performing

the assignment, including a detailed description of the proposed methodology and staffing

for training, if the Terms of Reference specify training as a specific component of the

assignment.

{Suggested structure of your Technical Proposal}

a) Technical Approach, Methodology, and Organization of the Consultant’s team.

{Please explain your understanding of the objectives of the assignment as outlined

in the Terms of Reference (TOR), the technical approach, and the methodology you

would adopt for implementing the tasks to deliver the expected output(s); the

degree of detail of such output; and describe the structure and composition of your

team. Please do not repeat/copy the TORs in here.}

b) Work Plan and Staffing. {Please outline the plan for the implementation of the

main activities/tasks of the assignment, their content and duration, phasing and

interrelations, milestones (including interim approvals by the Client), and tentative

delivery dates of the reports. The proposed work plan should be consistent with the

technical approach and methodology, showing understanding of the TOR and

ability to translate them into a feasible working plan and work schedule showing

the assigned tasks for each expert. A list of the final documents (including reports)

to be delivered as final output(s) should be included here. The work plan should be

consistent with the Work Schedule Form.}

c) Comments (on the TOR and on counterpart staff and facilities)

{Please describe your proposed modifications or improvement to the TOR (such as

deleting some activity you consider unnecessary, adding another, or proposing a

different phasing of the activities). Such suggestions should be concise and to the

point, and incorporated in your Proposal. Please also include comments, if any, on

counterpart staff and facilities to be provided by the Client. For example,

administrative support, office space, local transportation, equipment, data,

background reports, etc.}

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FORM TECH-5

WORK SCHEDULE AND PLANNING FOR DELIVERABLES

N° Deliverables 1 (D-..) Months

1 2 3 4 5 6 7 8 9 ..... n TOTAL

D-1 {e.g., Deliverable #1: Report A

1) data collection

2) drafting

3) inception report

4) incorporating comments

5) .........................................

6) delivery of final report to Client}

D-2 {e.g., Deliverable #2:...............}

n

1 List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the Client’s approvals. For phased assignments,

indicate the activities, delivery of reports, and benchmarks separately for each phase. 2 Duration of activities shall be indicated in a form of a bar chart. 3. Include a legend, if necessary, to help read the chart.

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FORM TECH-6

Team Composition, Assignment and Key Experts’ inputs

N° Name Expert’s input (in person/month) per each Deliverable (listed in TECH-5)

Total time-input (in Months)

Position D-1 D-2 D-3 ........ D-... Home Field Total

KEY EXPERTS

K-1 {e.g., Mr. Abbbb} [Team

Leader]

[Home] [2 month] [1.0] [1.0] [Field] [0.5 m] [2.5] [0]

K-2

K-3

n

Subtotal

NON-KEY EXPERTS

N-1

[Home] [Field]

N-2

n

Subtotal

Total

1 For Key Experts, the input should be indicated individually for the same positions as required under the Data Sheet ITC21.1.

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2 Months are counted from the start of the assignment/mobilization. One (1) month equals twenty two (22) working (billable) days. One working (billable) day shall be not less than eight (8) working (billable) hours.

3 “Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in the Client’s country or any other country outside the expert’s country of residence.

Full time input Part time input

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FORM TECH-6

CURRICULUM VITAE (CV)

Position Title and No. {e.g., K-1, TEAM LEADER}

Name of Expert: {Insert full name}

Date of Birth: {day/month/year}

Country of Citizenship/Residence

Education: {List college/university or other specialized education, giving names of

educational institutions, dates attended, degree(s)/diploma(s) obtained}

________________________________________________________________________

________________________________________________________________________

Employment record relevant to the assignment: {Starting with present position, list in

reverse order. Please provide dates, name of employing organization, titles of positions

held, types of activities performed and location of the assignment, and contact information

of previous clients and employing organization(s) who can be contacted for references.

Past employment that is not relevant to the assignment does not need to be included.}

Period Employing organization and your title/position. Contact information for references

Country Summary of activities performed relevant to the Assignment

[e.g., May 2005-present]

[e.g., Ministry of ……, advisor/consultant to… For references: Tel…………/e-mail……; Contact Name, Title/Position]

Membership in Professional Associations and Publications:

______________________________________________________________________

Language Skills (indicate only languages in which you can work): ______________

______________________________________________________________________

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Adequacy for the Assignment:

Detailed Tasks Assigned on Consultant’s Team of Experts:

Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the Assigned Tasks

{List all deliverables/tasks as in TECH- 5 in which the Expert will be involved}

Expert’s contact information: (e-mail…………………., phone……………)

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly

describes myself, my qualifications, and my experience, and I am available to undertake

the assignment in case of an award. I understand that any misstatement or

misrepresentation described herein may lead to my disqualification or dismissal by the

Client, and/or sanctions by the Bank.

{day/month/year}

Name of Expert Signature

Date

{day/month/year}

Name of authorized Signature

Date

Representative of the Consultant

(the same who signs the Proposal)

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Section 1.5. Financial Proposal - Standard Forms

{Notes to Consultant shown in brackets { } provide guidance to the Consultant to prepare

the Financial Proposals; they should not appear on the Financial Proposals to be

submitted.}

Financial Proposal Standard Forms shall be used for the preparation of the Financial

Proposal according to the instructions provided in Section 2.

FIN-1 Financial Proposal Submission Form

FIN-2 Summary of Costs

FIN-3 Breakdown of Costs

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FORM FIN-1

FINANCIAL PROPOSAL SUBMISSION FORM

[Location, Date]

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of

assignment] in accordance with your Request for Proposal dated [Insert Date] and our

Technical Proposal.

Our attached Financial Proposal is for the amount of [Indicate the corresponding

to the amount(s) currency(ies)] [Insert amount(s) in words and figures], [Insert

“including” or “excluding”] of all indirect local taxes in accordance with the

requirements of the RFP. The estimated amount of local indirect taxes is [Insert currency]

[Insert amount in words and figures] which shall be confirmed or adjusted, if needed,

during negotiations. {Please note that all amounts shall be the same as in Form FIN-2}.

Our Financial Proposal shall be binding upon us subject to the modifications

resulting from Contract negotiations, up to expiration of the validity period of the

Proposal.

Commissions, gratuities, or fees paid or to be paid by us to an agent or any other

party relating to preparation or submission of this Proposal and Contract execution, paid if

we are awarded the Contract, are listed below:

Name and Address of Agent(s) /

Other Party

Amount and Currency Purpose

{If no payments are made or promised, add the following statement: “No commissions,

gratuities or fees have been or are to be paid by us to agents or any other party relating to

this Proposal and, in the case of award, Contract execution.”}

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature {In full and initials}:

Name and Title of Signatory:

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In the capacity of:

Address: E-mail: _________________________

{For a joint venture, either all members shall sign or only the lead

member/consultant, in which case the power of attorney to sign on behalf of all

members shall be attached}

Where the Electronic Procurement Platform is used, the signed document shall be

uploaded into the platform.

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FORM FIN-2 SUMMARY OF COSTS

Item

Cost

{Consultant must state the proposed Costs in accordance with Clause 16.4 of the Data Sheet; delete columns which are not used}

{Insert Foreign Currency # 1}

{Insert Foreign Currency # 2, if used}

{Insert Foreign Currency # 3, if used}

{Insert Local Currency, if

used and/or required (16.4 Data Sheet}

Cost of the Financial Proposal

Including:

(1) Remuneration

(2) [Reimbursables]

Total Cost of the Financial Proposal:

{Should match the amount in Form FIN-1}

Indirect Local Tax Estimates – to be discussed and finalized at the negotiations if the Contract is awarded

(i) {insert type of tax. e.g., VAT or sales tax}

(ii) {e.g., income tax on non-resident experts}

(iii) {insert type of tax}

Total Estimate for Indirect Local Tax:

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Footnote: Payments will be made in the currency(ies) expressed above (Reference to ITC 17.5). In the case of Lump-Sum contracts, a breakdown of the Remuneration and Reimbursables is not required.

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FIN-3: Staffing Schedule and Breakdown of Costs

(All amounts to be exclusive of indirect taxes, including VAT, which may be chargeable by the Consultant)

[Assignment Title]

[contract currency]

1. Fees :

Name of Expert Job Title Working

Period

In the

Field

In Home

Office

Total

Period

Expert

Rate

Total

[Expert name] [Expert function] [hours /

days /

months]

[expert's fee

rate per

unit]

[total fees of

Expert

Total Fees [sum of al

fees]

2. Per Diem Allowance:

Place Number Rate Period Per Diem Total

[indicate location] [indicate

number of

nights spent

at location

Days [Insert

applicable Per

diem rate]

[Insert total amount

for location]

Total Per Diem Per diem_total

[A per diem is allowed for each night away from the Home Office. Per diem rates are capped at the per diem rate established by

the EU (if the assignment is EU-funded), and are otherwise normally capped at the per diem rate adopted by the UN2]

3. Reimbursable Expenses*

Air Travel: (Full Economy Class or Equivalent)

Routing Air Fare No. of Flights Total

[List flight route, including changeover stops] [insert unit cost per

flight route]

[insert number of

flights per route]

[Insert total cost per

route]

Total Air Travel air travel_total

Local Travel

[Travel from home to departure airport and return, and reasonable local travel when abroad.]

Journey Cost No. of Journeys Total

[List of journeys] [cost per

journey]

[total per journey]

Total Local Travel local trav_total

Miscellaneous:

[The list of miscellaneous expenses is for illustration purposes only; not all of the expenses listed below need apply to a given

assignment

Visas [List details – number, if applicable, unit cost, if

applicable]

[List total costs

per item]

Interpretation

Reports

Communications

Equipment Purchase

Accommodation (not listed in Per Diem)

[List other Miscellaneous Expenses]

Miscellaneous Total

2 EU Per Diem Rates are listed on the EU's websitre

(http://ec.europa.eu/europeaid/work/procedures/implementation/per_diems/index_en.htm ); UN Per Diem Rates are available

(subscribers only) from the website of the UN's International Civil Service Commission: http://icsc.un.org/sal_dsa.asp .

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*May include indirect taxes, such as VAT which are not otherwise recoverable by the Consultant.

4. Contingencies: (utilisation only after prior approval in writing by the Client)

TOTAL MAXIMUM CONTRACT AMOUNT (Contract Ceiling Amount) [List total cost of the

assignment, exclusive of

VAT; this amount should

correspond to the financial

proposal amount in FIN-1]

[For donor funded assignments only:]

Invoices must be prepared according to the attached Rules for the Preparation of Invoices. Unless otherwise stated, any

equipment included in the Contract and purchased by the Consultant shall be disposed of at the end of the Contract as may be

directed by the Bank.

PART II - REQUIREMENTS

Section 2.1. Terms of Reference

Armenia

Kotayk and Gegharkunik Solid Waste Management Project

Project Implementation Support

Contents

1. BACKGROUND 60

1.1 Solid Waste Management in the Kotayk and Gegharkunik Regions 60

1.2 Project Development Plan and Technical Assistance 61

1.2.1 Phase 1: Technical Review (phase completed) 61

1.2.2 Phase 2: Feasibility Study and Environmental & Social Due Diligence (phase completed) 62

1.2.3 Phase 3: Transaction Phase (ongoing) 62

2. OBJECTIVES 62

3. SCOPE OF WORK 63

3.1 Assistance to the Landfill Management Company 63

3.1.1 Staffing 64

3.1.2 Identification of PIU and the Company staff needs - Development of a Training Plan 64

3.1.3 Establishment of Company Operating Procedures 64

3.2 Procurement, tendering and contract implementation 65

3.2.1 Procurement Support 65

3.2.2 Coordination of Third Parties 68

3.3 Assistance with Compliance & Reporting Obligations under the Financing Documents 68

3.3.1 Covenants, Reps & Warranties 68

3.3.2 Preparing disbursement requests 68

3.3.3 Project Accounts and Audits 69

3.3.4 Reporting in accordance with the Financing Documents 69

3.4 Environmental and Social Implementation Support 69

3.5 Designing waste collection schemes 70

3.6 Monitoring the Project Implementation Plan 70

3.6.1 Reviewing and updating the Project Implementation Plan 70

3.6.2 Approvals 71

4. IMPLEMENTATION ARRANGEMENTS 71

4.1 Facilities and access to information 71

5. REPORTING AND DELIVERABLES 71

5.1 Inception Report 73

5.2 Monthly Progress Reports 73

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5.3 Quarterly Progress Report 74

5.4 Project Completion Report 75

6. PROFILE OF THE CONSULTANT 75

7. DONOR VISIBILITY 78

7.1 For all donor-funded Assignments and Project components 78

7.2 For EU funded assignments/Project components 78

Annex 1 Supervision of the Works Contracts – Detailed Description of Tasks 79

Annex 2 Procurement Plan (latest update June 2019) 88

Annex 3 List of consultants for coordination 89

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Project Implementation support

Armenia: Kotayk and Gegharkunik Solid Waste Management Project

TERMS OF REFERENCE

BACKGROUND

Republic of Armenia has received loan financing from the European Bank for Reconstruction and

Development (the “Bank” or “EBRD”) and a grant from EU Neighbourhood Investment Facility (“EU NIF”)

and the Eastern European Energy Efficiency and Environmental Partnership (“E5P”), as well as technical

cooperation grants from EBRD and other donors (“TC grants”), for a project to improve the solid waste

collection and management services in the Kotayk and Gegharkunik regions of Armenia (the “Project”). A

nominated Project Implementation Unit for the Project, acting for and on behalf of the “Kotayk and

Gegharkunik Municipal Solid Waste Management” LTD (the “Client” or the “Company”), is the Armenian

Territorial Development Fund (“ATDF”) of the Ministry of Territorial Administration and Infrastructure of

the Republic of Armenia (“MTAI”).

The total value of the Project is EUR 11 million.

1.1 Solid Waste Management in the Kotayk and Gegharkunik Regions

The Republic of Armenia (“RA”) is divided into ten Marzes (provinces, regions) with the city of Yerevan

having special administrative status as the country’s capital. The Project covers two regions: Gegharkunik

Marz (“Gegharkunik”) and Kotayk Marz (“Kotayk”). The total population in the project area is 480,4003. The

project area makes 7,424km4. The administrative centers of two regions are Gavar (with population of 18,600)

for Gegharkunik and Hrazdan (with population of 40,300) for Kotayk.

At present, solid waste is disposed at six major dumpsites in Kotayk and five major dumpsites in

Gegharkunik. There are numerous small dumpsites in both regions. Waste collection in some municipalities is

carried out by communal service companies or is tendered out to private companies. In residential areas

households dispose waste into small containers, which are emptied by collection trucks. In other

municipalities, due to the lack of containers and bins, waste is piled up at a small dumpsite with subsequent

loading onto collection vehicles manually with spades or direct loading of waste delivered by residents into

the waste collection trucks available according to schedule. Residents of rural areas generating about 30 per

cent of total household waste amount in Kotayk and Gegharkunik have rather poor waste collection and

management arrangements. This is inefficient and results in street littering and illegal dumping. The estimated

daily solid waste volume in Kotayk is 100-120 tons and in Gegharkunik is 90-100 tons.

Local authorities are in charge of organization and control of municipal solid waste management activities

which comprises waste collection, transportation, disposal and street cleaning. Service fees for waste

collection are also set up by local authorities with maximums set by the legislation of the Republic of Armenia

(“RA”). The RA legislation sets the maximum at 400 AMD (0,7 EUR) per person per month or 25 (0,05

EUR) AMD per square meter of a residential building or apartment. Currently, the average waste tariff

collection rate is more than 60 per cent.

Municipal solid waste is collected every day or once in a two days in urban areas, and weekly or once in every

two weeks in rural areas. There are containers only for mixed waste, and waste separation does not take place

in formal way before or after collection. There is no special equipment or preparation in landfills for

3 https://www.armstat.am/file/article/nasel_01.10.2018.pdf (available in Armenian)

4 http://kotayk.mtad.am/general-information/; http://gegharkunik.mtad.am/files/docs/3592.pdf (available in Armenian)

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prevention of leaching of hazardous waste. There are no protective walls around landfills and no permanent

monitoring for the emissions is in place.

The Project will be part of the national plan to modernise waste management system. According to the

Protocol Decision N495 of the RA Government "On Approval of the Strategy of the Development of

Municipal Solid Waste Management System of the Republic of Armenia for 2017-2036 ", dated December 8,

2016, Ministry of Territorial Administration and Infrastructure (“MTAI”) intends to build five regional

sanitary landfills to serve the whole country. The MTAI has approached the Bank with a request to prepare

and finance construction of a new regional sanitary landfill in Hrazdan, Kotayk. This would be the country’s

first sanitary landfill. The Project also supports the establishment of an upgraded waste collection system as

well as the establishment of a waste management company. Initially it was intended that project would cover

only Kotayk, however later Gegharkunik joined the project (taking into account Sevan National Park’s

location in the Gegharkunik it was decided to include Gegharkunik in the project area). Kotayk was selected

due to its proximity to Yerevan, with the intention of creating a demonstration project for the entire country

and raising public awareness of solid waste management. The project would focus on Tsaghkadzor, Nor

Hachn, Byureghavan, Abovyan, Hrazdan, Charentsavan, Yeghvard, Sevan, Gavar, Chambarak, Martuni and

Vardenis (together, the “Participating Municipalities”) and adjacent villages (52 villages in Gegharkunik6 and

60 villages in Kotayk7). The Project would mitigate environmental hazard and would counter the pollution

and adverse impact on land and water recourses.

Along with improving the solid waste collection and management services in the Kotayk and Gegharkunik via

construction of a new landfill in Hrazdan, the Project will finance the following investments:

Construction of a new sanitary landfill in Hrazdan and two transfer stations in Abovyan and Martuni

(including buildings and structures);

Specialised equipment / machinery for landfill and transfer stations operation;

Waste collection and transfer trucks;

Waste containers;

Waste collection points (container platforms).

As part of the Project, a Landfill Operating Company (the “Company”) intended for operating as a

commercially sustainable unit was established. The financial structure of the Project foresees a tipping fee

payment on per ton basis by the Participating Municipalities to the Company. The tipping fee will be set

within affordability limits, and if required complemented by subsidies due to affordability constraints until

full cost recovery can be obtained.

1.2 Project Development Plan and Technical Assistance

Given the complexity of the issues, the Project has been developed in phases with the implementation and

design of one phase being subject to the findings and results of the previous phase. These Terms of Reference

define the consultancy services for Phase 3 - Transaction Phase.

1.2.1 Phase 1: Technical Review (phase completed)

The Technical Review has been completed. The Project scope and the preliminary considerations on

construction the landfill at Hrazdan and constructing transfer stations in several municipalities within Kotayk

have been defined. The Review also included recommendations and several options on improving solid waste

management in Kotayk.

5 https://www.arlis.am/DocumentView.aspx?DocID=110500 (available in Armenian)

6 http://gegharkunik.mtad.am/about-communities/ (available in Armenian)

7 http://kotayk.mtad.am/about-communities/ (available in Armenian)

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1.2.2 Phase 2: Feasibility Study and Environmental & Social Due Diligence (phase completed)

Phase 2 confirmed the findings from the Technical Review. The proposed project components were reassessed

and developed further in more detail.

A comprehensive Baseline Study was carried out for both the Feasibility Study and for the Environmental and

Social Due Diligence (“ESDD”); alternative scenarios for the future waste management solutions were

defined and assessed; recommendations on the preferred option were provided, including designs and business

plans etc. The ESDD was completed in accordance with the requirements of the EBRD and of the Republic of

Armenia.

1.2.3 Phase 3: Transaction Phase (ongoing)

Given the limited implementation capacity of the Client, the Bank has secured technical cooperation grants to

support the Client in procurement and project implementation, including:

preparation of works and supply tender documents, assistance in the tendering and evaluation, and

construction supervision;

the establishment/strengthening of the Company and the PIU, hiring and training of staff for the

landfill operation etc; and

the preparation of an Environmental Impact Assessment of the Project and obtaining its approval from

relevant authorities.

Currently, the landfill design together with two transfer stations’ designs are ready and state expertizes are

received. Tender documents for the landfill construction have been prepared and the tender will be announced

in September 2019 by the Armenian Territorial Development Fund of the Ministry of Territorial

Administration and Infrastructure of the Republic of Armenia. ATDF is a nominated Project Implementation

Unit (PIU) for the Project. Although the Company was established, its constitution and functions should be

reviewed. For the landfill construction the relevant EIA was conducted and the permission was received.

However, according to Armenian Law on EIA and Expertize, the EIA conclusion loses the force if the

performance of the intended activity does not start within one year after the issuance of a positive conclusion.

A new EIA process should be initiated, the EIA report should be reviewed and a new EIA conclusion should

be obtained. Moreover, the latest changes in the landfill design should be incorporated into the EIA report.

An international consultant has been selected and the provision of part of the services described in these

Terms of Reference (the “ToR”) has commenced (see further for details of completed tasks). However,

following the changes in the Government and related ministries management, a decision has been made,

supported by the Borrower to terminate the existing contract and carry out a new selection based on these

updated TOR.

OBJECTIVES

The overall objective of the Assignment is to facilitate the timely and effective implementation of the Project

by providing assistance to the Client. The consultant appointed to support the Project Implementation Unit

(PIU) with this function (the “Consultant”) will be required to familiarise themselves the Financing

Documents8 related to the Project and other EBRD key documents including those which govern lending

policies and practices including, but not limited to:

EBRD Environmental and Social Policy

EBRD Procurement Policies & Rules

EBRD Disbursement Handbook for Public Sector Clients

8 Financing Documents – these include the full package of documents signed between the Bank, the Borrower, its Client and any

other party (such as the Beneficiary or Donor) which govern the use of funds as provided by the EBRD and or/its Donors. They

may include the Loan Agreement, Project Support Agreement, Grant Agreement, etc.

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Other related EBRD Policies, Strategies or Procedures as relevant to the Project

By engaging a Consultant, it is expected that the Client will have access to international best practice in the

field of project management, including: procurement of works, goods and services, and contract

administration works supervision.

SCOPE OF WORK

The Consultant shall perform the following main tasks, further detail of which is provided under each relevant

heading:

3.1 Assistance with building the capacity of the PIU and the Client

3.2 Assistance with Procurement, Tendering and Contract implementation

3.3 Assistance with Compliance & Reporting Obligations under the Financing Documents

3.4 Environmental and Social Implementation Support

3.5 Designing waste collection schemes

3.6 Monitoring the Project Implementation Plan

The work of the Consultant refers to the whole Project and not only to the portion financed by EBRD. The

delivery of the above scope is to be designed and delivered to the Client in a way that will maximise necessary

knowledge transfer and on the job training to the Client staff assigned to PIU.

To date, the following tasks set forth in the original ToR have been completed:

- Environmental and Social Impact Assessment:

o First public hearing was held and a preliminary assessment application was submitted to the

RA Ministry of Environment

- Procurement and contracting strategy and Procurement Plan:

o Procurement and contracting strategy developed and Bank’s no objection issued

- Construction of a new sanitary landfill in Hrazdan and two transfer stations in Abovyan and Martuni

(including buildings and structures):

o contract to be procured as one Works contract (FIDIC Conditions of Contract for Construction,

1st Edition 1999 will be used)

o tender documents, including the detailed design and Bill of Quantities, developed and Bank’s

no objection issued

o tender (single stage) announced

3.1 Assistance to the Landfill Management Company

The Consultant will assist the Participating Municipalities in establishing/reviewing the tasks and composition

of the Company. The main purpose of the Company will be the implementation, financial management and

overall delivery of the investment programme. The Consultant will undertake the training needs assessment

and come up with training plan to provide trainings on landfill management for the key staff in the Company.

The training plan will be approved by the MTAI. It is envisaged that training will include both formal training

workshops and informal on the job training. The training will be designed to ensure that following the end of

the assignment, the Company is able to fulfil its responsibilities without additional assistance.

It is envisaged that training may be required in the following areas: project control and reporting, project

accounting and disbursement, and Environmental and Social Action Plan (“ESAP”) implementation

requirements. The reporting will include reporting on physical progress of implementation as well as

environmental and social issues and the implementation status of the ESAP. It is envisaged that training will

include both formal training workshops and informal on the job training. The training will be designed to

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ensure that following the end of the assignment, the PIU is able to fulfil its responsibilities without additional

assistance.

3.1.1 Staffing

The Consultant will revise job descriptions, including key qualifications required, for the Company staff that

are required for the Project. The MTAI and the Company will identify and appoint staff members with the

requisite skills to discharge the functions required under the job descriptions.

3.1.2 Identification of PIU and the Company staff needs - Development of a Training Plan

The Consultant will identify the training needs required (for the PIU and the Company staff), if any, to

effectively implement the Project. The Consultant will summarise the needs in a Training Plan to be agreed

and approved with MTAI, the PIU and the Company. Following approval, the Consultant will conduct the

required training.

It is envisaged that training may be required in the following areas:

The PIU:

Procurement and contracting;

Project control and reporting, including to Project financiers and other stakeholders;

Project accounting and disbursement processing; and

EBRD Environmental Performance Requirements, including the implementation of the Environmental

& Social Action Plan and Stakeholder Engagement Plan (if applicable) and related monitoring and

reporting.

The Company9:

Project control and reporting, including to Project financiers and other stakeholders;

Project accounting and disbursement processing; and

EBRD Environmental Performance Requirements, including the implementation of the Environmental

& Social Action Plan and Stakeholder Engagement Plan (if applicable) and related monitoring and

reporting.

Training will include both formal training workshops and informal on the job training. It will be designed to

ensure that following the end of the Assignment, the PIU and the Company are able to fulfil their

responsibilities without additional assistance. All training will be equally accessible to all designated members

of the PIU/Company10

. Relevant training materials will be developed by the Consultant and provided to the

PIU/ Company.

3.1.3 Establishment of Company Operating Procedures

The Consultant shall develop the operation manual for the Company for managing waste collection and

disposal, maintenance of waste collection vehicles, waste containers and other Company owned equipment, as

well as managing the new landfill.

The Consultant shall liaise and coordinate the implementation of this task with the Corporate Development,

Stakeholders Participation and Municipality Support Programme Consultant.

9 Project control and reporting, Project accounting and disbursement processing as well as meeting EBRD Environmental

Performance Requirements would be carried out by the Company, once it becomes operational. 10

An assessment of the ability to ensure equal access to all will be conducted when the Training Plan is drawn up and mitigants put

in place (options could include video/remote access, documentation in local language, separate training rooms due to socio-cultural

reasons etc).

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3.2. Procurement, tendering and contract implementation

3.2.1 Procurement Support

The Consultant will oversee all procurement activities and assist the PIU to ensure that all procurement is

carried out in full compliance with EBRD Procurement Policies and Rules – see https://www.ebrd.com/work-

with-us/procurement/policies-and-rules.html.

3.2.1.2 Procurement and Contracting Strategy

The procurement strategy for the Project has been developed and approved by the Bank. However, it may be

revised in respect of procurement of waste collection vehicles and waste containers and construction of

container platform, subject to prior approval by the Bank. Namely, the Consultant shall recommend the best

timing for the procurement of (i) Waste collection vehicles, Waste containers and Waste container platfors,

depending on or in relation to the Waste collection schemes for each Participating Municipality and (ii)

Specialised equipment / machinery for landfill and transfer stations operation, depending on the time of

completion of landfill construction. Further, the Consultant shall recommend whether the contracts for Waste

collection vehicles and Specialist equipment / machinery for landfill and transfer stations operation could be

procured in one single tender.

Should a revision to the procurement and contracting strategy be needed, the Consultant shall aim to

minimising overall Project implementation risks and ensuring the successful implementation of the Project in

an economic and efficient manner and in accordance with best practice. This will include, inter alia: the

provision of advice with regard to issues such as procurement methods, contract packaging, forms of contract,

and interface and risk management.

3.2.1.3 Procurement Plan

The Consultant shall assist the PIU to keep the procurement plan up to date. The plan includes, as necessary,

descriptions and detailed comments on the procurement packages, estimated costs, and procurement method

for each package. The procurement plan will form the central reference point for the Project.

3.2.1.4 Preparation of Detailed Designs and Technical Specifications

3.2.1.4.1 Initial data collection

The Consultant shall review available and collect missing initial technical data with regard to the Contract (s)

to be implemented under the Project.

3.2.1.4.2 Development of Client/Employer’s requirements

The detailed design for the Construction of a new sanitary landfill in Hrazdan and two transfer stations in

Abovyan and Martuni (including buildings and structures) has been prepared by the original Consultant, and

all relevant approvals as per the Armenian legislation have been obtained.

Upon approval of the Waste collection scheme for each Participating Municipality, the Consultant shall

prepare detailed design(s) for the Waste container platforms. The designs shall be sufficiently detailed to

allow the works to be procured and to enable an accurate cost estimate to be made. The designs shall provide

such details as location, size, number, capacity, and works specifications.

The Consultant shall prepare technical specifications for the Waste collection vehicles, Specialised equipment

/ machinery for landfill and transfer stations operation and Waste containers. The specifications shall be

sufficiently detailed to allow the goods to be procured and to be able an accurate cost estimate to be made.

The Consultant shall notify the Bank about any material deviation from the Project Agreements as regards to

the location, size, number, capacity, strength, equipment specifications.

All design specifications shall be prepared in accordance with the requirements of the national law and

international standards, where appropriate. Any design requirement identified in the ESAP shall also be

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incorporated in the design. The Consultant will provide continuous supervision of the design works, as well as

quality assurance.

The Consultant shall base technical solutions on the best industrial practice and innovative solutions.

The Consultant shall prepare technical specifications and bill of quantities in accordance with instructions and

guidance included in the EBRD’s Standard Tender Documents (STD).

3.2.1.4.3 Obtaining of approvals by authorities

The Consultant will assist the Client with obtaining necessary approvals and permits by authorities for design

prepared by the Consultant, as appropriate.

3.2.1.5 Support during the preparation of Tender Documents (TD)

The Consultant shall assist the PIU to prepare the tender documents, which shall be based upon the EBRD’s

STD. To this end, the Consultant will, inter alia:

a. Review available technical specifications and associated documentation (i.e. Bill of Quantities

and drawings) to ensure their suitability for open competitive tendering;

b. Prepare a draft tender document;

c. Ensure that the technical specifications and EBRD’s E&S requirements, including those in the

Environmental and Social Action Plan (ESAP) and Stakeholder Engagement Plan (SEP) are

converted into a form suitable for inclusion in the TD;

d. Develop appropriate tender evaluation and qualification criteria;

e. Ensure that the TD is fully consistent with the requirements of the Bank’s PP&R and that the

conditions of contract allocate the risks associated under the contract fairly, with the primary

aim of achieving the most economic price and efficient performance of the contract;

f. Advise on the possibilities for alternative tenders and the treatment of these in the TD.

g. Screen technical specifications and tender documentation for gender sensitivity, where

relevant.

The tender document for the Construction of a new sanitary landfill in Hrazdan and two transfer stations in

Abovyan and Martuni (including buildings and structures) has been prepared by the original Consultant, and

Bank’s no objection has been granted.

The Consultant shall prepare draft tender documents for the following contracts:

Specialised equipment for landfill and transfer stations operation

Waste collection trucks

Waste containers

New waste collection points (to be procured in accordance with the national procedures)

3.2.1.7 Support during the procurement process

The Consultant will provide support to the PIU throughout the procurement process. To this end, the

Consultant will assist the PIU to, inter alia:

a. Draft the procurement notices and ensure that they are published in a timely manner in

accordance with the EBRD’s PP&R.

b. Ensure that all approvals and no-objections required from EBRD are applied for in a timely

manner.

c. Carry out the administration of the tender process, ensure that appropriate records are kept,

documentation is properly stored, recorded and managed, and confidentiality is maintained.

d. Prepare draft responses to tenderer’s clarification requests, arrange for approval and issue and

record the same.

e. If required, prepare draft amendments to TD.

f. Arrange any data rooms, site meetings, information meetings or other pre-tender events, and

record same.

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The tender for the Construction of a new sanitary landfill in Hrazdan and two transfer stations in Abovyan

and Martuni (including buildings and structures) has been announced.

3.2.1.8 Support during the evaluation process

The Consultant will assist the PIU to organise and manage the tender evaluation process. To this end, the

Consultant will, inter alia:

a. Provide guidance on the composition of the evaluation committee and to the committee as

required;

b. Ensure that all tenders are evaluated in accordance with the tender evaluation criteria set forth

in the TD;

c. In the event that TD (for works contracts only) provides for the rejection of abnormally low

tenders (ALTs), ensure that any tenders falling into the ALT risk zone are evaluated in

accordance with the procedures contained in the Bank’s ALT Guidance Note published on the

Bank’s website;

d. Draft tender clarification requests;

e. In their capacity as advisor, arrange for meetings (including public opening meetings, if

required) of the evaluation committee, attend and record these meetings, present the minutes

for approval by the PIU Director;

f. Prepare a draft tender evaluation report in the EBRD standard format, including all technical

and financial analyses, records of consultation with external parties by the committee and

clarifications requested and received.

3.2.1.9 Support during contract finalisation

The Consultant will provide support to the PIU during contract finalisation. To this end, the Consultant will,

inter alia:

a. If determined necessary, assist the PIU to arrange for a pre-contract finalisation meeting with

the successful tenderer, and document the discussions, updating the contract documents as

necessary and to seek all necessary approvals;

b. Prepare a draft notification of award of contract;

c. Prepare a draft contract agreement incorporating all agreements between the parties for the

Client’s signature and transmission to the successful tenderer; Ensure that the terms and

conditions of the contract agreement are not materially different from those on which tenders

were invited;

d. Advise on the acceptability of performance and other contract-related securities.

e. Notify unsuccessful tenderers of the outcome of the procurement exercise.

f. Ensure that all queries and complaints are promptly attended to by the PIU as appropriate and

that any formal complaints are copied to the Bank.

g. Assist the PIU to provide any necessary de-briefings to unsuccessful tenderers.

3.2.1.10 Supervision of supply of goods and related services contracts

The Consultant will support the PIU in the supervision of the goods contract(s) and assist the PIU to

administer the signed contract(s) in accordance with the conditions of the contract (s).

In this regard, the Consultant shall, inter alia;

a. Monitor the performance of the supplier under the contract(s);

b. Provide advice to the PIU on any contractual disputes that may arise under the contract(s) and

provide advice on the settlement of any disputes;

c. Draft any required change orders and/or amendments to contract;

d. Carry out and/or witness inspections and tests on delivery, when necessary and envisaged

under the contract(s);

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e. Participate in the acceptance of delivered goods and draft the acceptance certificate.

3.2.1.11 Supervision of the works contracts

The Consultant will support the PIU in the supervision of the works contract for the Construction of a new

sanitary landfill in Hrazdan and two transfer stations in Abovyan and Martuni (including buildings and

structures). In this regard the Consultant shall perform the tasks listed in Annex 1 for all works contracts

awarded under the Project.

For the works contract for Construction of waste container platforms, to be procured in accordance with the

national public procurement legislation, the Consultant will not be required to carry out the works supervision.

Relevant arrangements shall be made by the Company and the Participating Municipalities.

3.2.2 Coordination of Third Parties

3.2.2.1 Other Consultants

The Consultant will support the PIU to coordinate the work of all other consultants involved in the Project. To

this end, the Consultant will assist the Client to, inter alia:

a. Ensure that other consultants involved in the implementation of the Project are provided with

necessary documentation and any other assistance, in order that they may meet the objectives of

their assignments; and

b. Work with the PIU to review and respond to recommendations provided by other consultants,

where necessary submitting requests for amendment of the Project Implementation Plan (PIP).

The list of other consultants supporting the Client in this Project is included in Annex 3.

3.2.2.2 Licensing Agents, regulators etc

The Consultant shall identify and advise the Client to initiate the procedures for all necessary local or sector

licenses, permits or other approvals, including but not limited to licenses related to Site access, Building

permits for permanent and temporary works as appropriate. Where a contractor is responsible for obtaining

specific licenses or other authorisations, the Consultant shall facilitate the process. Furthermore, the

Consultant will ensure that any on-going reporting requirements are met, and incorporated into the PIU

procedures.

3.3 Assistance with Compliance & Reporting Obligations under the Financing Documents

Consultants providing assistance related to this Section of the Terms of Reference will be required to have a

thorough understanding of the terms and conditions of the Financing Documents including but not limited to

the Reporting Requirements which form part of the Client’s obligations under the referenced documents.

These documents may include Grant Agreements.

3.3.1 Covenants, Reps & Warranties

The Consultant will support the PIU to devise a system to track compliance with all continuing, time

dependent or repeating covenants, warranties and representations. The Consultant will train the Client on how

best to keep records to demonstrate the status of these.

3.3.2 Preparing disbursement requests

The Consultant will train the PIU to prepare all disbursement requests in accordance with the Financing

Documents (FD) and EBRD Disbursement Handbook for Public Sector Loans and support them to obtain the

necessary authorised signatures and submit said requests within the required timescales.

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3.3.3 Project Accounts and Audits

The Consultant shall support the Client to prepare the Project accounts at the time and in the form required in

the Financing Documents. The Client will arrange for audit of the same (if required under the FD) and the

Consultant will support the Client to draw up a time defined action plan to address any matters arising from

the audit. The Consultant will support the PIU to draw up a monthly statement of the PIU’s expenditures and

projections against its budget for the next six months. This should be included in each Client Progress Report

(as defined in the Financing Documents).

3.3.4 Reporting in accordance with the Financing Documents

The Consultant shall train the Client on how to prepare the required reports in line with the Financing

Documents. This will include preparing a template/or templates for such regular reporting.

3.3.4.1 The Reporting Template(s)

This template will be tailored to the specific Financing Documents and will cover, at least, time-dependent

covenants, implementation of any time or progress–dependent elements such as insurance policies, and

general progress reporting including the work programme progress, disbursement forecasting, Project cost

updates, etc.

Once the template has been approved by the Client and the EBRD, the Consultant will ensure that staff

responsible for completing the reports is fully familiar the relevant sections of the Financing Documents, the

reporting templates and the underlying source data systems for these reports. The Consultant will then need to

design and implement a system by which this regular reporting is completed in a timely manner in line with

the due dates required under the Financing Documents and to the required standard by the Client and EBRD

in line with the Financing Documents. The Consultant should also prepare a template for the Project

completion report. Should the Consultant still be on board at this time, they will be required to support the

Client to draft said report.

3.3.4.2 Environmental Reporting

The Consultant will assist the Client to develop an ESAP implementation plan specifying the responsible

persons where applicable, splitting each ESAP action in to steps/tasks bound to a timeline. This

implementation plan should be in a format that allows it to form part of the regular reporting to the Bank in

line with the Financing Documents. Specific attention will also be paid to the Annual Environmental & Social

Report and other related reporting requirements (such as accident reporting) as required under the relevant

sections of the Financing Documents.

3.4 Environmental and Social Implementation Support

The Consultant will assist the PIU to implement measures required under the Environmental and Social

Analysis and Audit, Stakeholder Engagement Plan (SEP) and the E&S Action Plan (ESAP).

To implement this task, the Consultant will:

a. Review the issues and mitigation measures proposed under the Environmental and Social Analysis and

Audit, SEP and the ESAP and the environmental management practices currently in place to have a good

understanding of the current issues;

b. Assist the Client in developing and integrating the policies, plans, procedures, actions, and mitigation

measures required under the ESAP, Livelihood Restoration Plan (LRP) and SEP into the Project

Procedures System, as appropriate.

c. Assist the Client in developing a system supporting accurate reporting of E&S performance and in their

annual reporting to the EBRD.

d. Assist the Client in developing a system supporting accurate reporting, when necessary, with regards to

any identified gender equality issues or social issues to ensure non-discrimination and equal opportunity.

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3.5 Designing waste collection schemes

The Consultant shall design efficient waste collection schemes, including proposals on the minimum and

optimal frequency of waste collection, the locations of waste disposal bins and containers, bin / container

types and quantities by each location in each municipality. While designing waste collection schemes seasonal

variations should be taken into account. The requirements of the legislation of the Republic of Armenia, in

particular the Decree of the RA Minister of Health 25-N “On Approval of the Hygiene Requirements N

2.1.7.002-09 Sanitary Rules and Norms for Occupational Safety of Personnel Performing Work in the field of

Sanitary Maintenance of Settlements, Collection, Storage, Transportation, Processing, Recycling, Utilization,

Clearance and Disposal of Waste, as well as Sanitary Protection of Residential Areas”, dated December 22,

2009, and other provisions of RA legislation should considered while designing waste collection schemes.

Moreover, during calculations all waste generators should be analysed, including legal entities, acting in

Kotayk and Gegharkunik.

The Consultant shall develop the overall data file and use GIS for visualisation of the data, which will be

transferred to Company/MTAI as a convenient tool for further data management.

The Consultant should pay particular attention to the specially protected areas of nature located in project

area, in particular Sevan National Park (Gegharkunik) and other touristic areas.

While making waste generation forecasts the following should serve as a background:

population data available from census of 2011, with latest updates (in 2018), from Marzpetarans and

from the communities. The numbers should be compared to decide which of them provide the most

realistic picture regarding the number of inhabitants actually generating the municipal solid waste in

the communities. Seasonal internal migration of population and tourists also should be taken into

consideration. Moreover, difference between the de-facto and de-jure population also should be taken

into account; and

results of Waste quantity and composition study11

, that is currently being developed and other studies

carried out. The waste collection from legal entities and multi-apartment building (waste chutes) shall

also be taken into account.

The Consultant shall liaise and coordinate the implementation of this task with the Corporate Development,

Stakeholders Participation and Municipality Support Programme Consultant.

3.6 Monitoring the Project Implementation Plan

3.6.1 Reviewing and updating the Project Implementation Plan

The Consultant, in consultation with the PIU will review and update the PIP for the Project. The PIP will

cover all aspects of project implementation, and will include, inter alia:

Project programme - a detailed Project programme (using appropriate presentation format: e.g. linked

activity programmes, etc.) for completion of the whole Project showing all activities and key events

for design, approvals, construction, commissioning, completion, etc. In the process of developing this

plan, the Consultant will verify to the extent possible that all planning, construction and operation

approvals and permits have been identified; and that the project programme fits with municipal

planning.

Project budget - a detailed cost budget for the whole Project. This will be based on existing proposals

of cost estimates.

11

https://wqcs-ace.aua.am/

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Procurement - a procurement and implementation plan. The Consultant, if necessary, will advise on

the best contract approach for the Project.

Project risk matrix - A risk matrix outlining the key challenges and risks associated with the Project

and the measures proposed to deal with them.

The project cost estimates shall be reviewed and updated by the Consultant in a report to the Municipality of

Hrazdan and the EBRD including comparisons with the Feasibility Study estimates with justifications for

changes, their implications and proposals for remedy. Following the approval of the PIP by the Client and the

EBRD, the Consultant shall closely monitor progress against the planned programme, budget and

Procurement Plan. Where the need to change any aspect of the PIP is identified, a request for approval,

accompanied by a clear outline of the need for such a change, shall be submitted to the Client and the EBRD.

This shall continue throughout the assignment.

3.6.2 Approvals

The Consultant shall ensure obtaining approvals for any changes to the PIP in good time. Following approval

of the PIP, the Consultant will closely monitor progress against the planned programme, budget and

procurement plan. Where the Consultant and the PIU identify the need to change any aspect of the PIP, a

request for approval, accompanied by a clear outline of the need for such a change and its environmental

and/or social impact implications, will be submitted to the Bank.

IMPLEMENTATION ARRANGEMENTS

The Consultant will report to the PIU on all aspects of the Assignment. The Consultant must set out clear

communication lines with the PIU, and, on specific tasks, with the Company and the Municipalities, to ensure

that the different parts of the Project are correctly prioritised and implemented. The final decision in respect of

prioritisation, sequencing and extent of support to be provided to the Municipalities rests with the Company. It

is envisaged that this will be best supplied through a combination of long-term and short-term expertise. The

Consultant shall also liaise with the Bank’s Operation Leader on all aspects of the Assignment as required.

The Consultant shall implement the Assignment in accordance with the Consultant’s Technical Proposal. In

the event that it is deemed necessary to deviate from the any aspects of the Consultant’s Technical Proposal,

the Consultant shall immediately notify the PIU and seek its prior approval.

The assignment is expected to start on November 2019 and have a duration of 31.2 months.

4.1 Facilities and access to information

The PIU and the Participating Municipalities will provide furnished and serviced office accommodation for

the Consultant, plus suitable office space for meetings. The PIU, the Municipalities and the Marzpetarans

(regional authorities) will also provide access to all relevant information, maps, studies, models, legal

documents etc. at no cost to the Consultant. The materials will be delivered in the original version (i.e. not

necessarily in English).

The Consultant will provide residential accommodation for their specialists, and local and international

transportation. The Consultant will also be responsible for all salaries, fees, allowances, insurance, leave pay

and taxes for the staff involved in the assignment.

REPORTING AND DELIVERABLES

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The Consultant with report to the Client’s nominated representative on all aspects of the Assignment. The

Consultant will also liaise with the Bank’s team to ensure that the EBRD is regularly updated on the progress

of the Assignment and status of Project implementation.

The Consultant will provide deliverables addressing in detail all tasks as specified in Section 3: Scope of

Work. Unless otherwise agreed, all deliverables and documents will be in English and Armenian languages

and submitted both in hard copy (4 copies in English and 4 copies in Armenian) and electronically. Only

electronic copies of the Report shall be submitted to EBRD.

All Project reports issued by the Consultant shall be reviewed and approved by the PIU and MTAI. A period

of two weeks shall be allowed for the review and approval. All the deliverables should be considered final

after approval by the MTAI (all the comments presented by the MTAI should be addressed in a proper

manner). All the documentation presented by the Consultant should be both in Armenian and in English. All

the draft documentation provided by the Consultant should be in line with Armenian legislation.

The Consultant will provide the Client and the EBRD with information, designs, data and documentation

through submission of periodic reports prepared during the course of its service or specific reports prepared at

the request of the Client. In addition, the Consultant will prepare and maintain full and proper records of all

meetings and discussions. Reporting will include at least the following:

Report Draft Submitted Final Submitted

Inception Report Mobilisation + 4 weeks

Quarterly Progress Within 10 working days of

end of a reporting period

Comments received + 2

weeks

Tender Evaluation Report for Construction of a new

sanitary landfill in Hrazdan

and two transfer stations in

Abovyan and Martuni

(including buildings and

structures) contract

Depending on the number

and quality of tenders

received, but not later than 2

months of tender submission

date

Comments received + 2

weeks

Tender document for Waste

collection vehicles and

Specialised equipment for

landfill operation

Mobilisation + 12 weeks Comments received + 2

weeks

Tender Evaluation Report for Waste collection vehicles

and Specialised equipment

for landfill operation

Depending on the number

and quality of tenders

received, but not later than 2

months of tender submission

date

Comments received + 2

weeks

Tender document for Waste

containers

Mobilisation + 12 weeks Comments received + 2

weeks

Tender Evaluation Report for Waste containers

Depending on the number

and quality of tenders

received, but not later than 2

months of tender submission

date

Comments received + 2

weeks

Waste collection schemes Mobilisation + 24 weeks Comments received + 2

weeks

Design(s) for the Waste

container platforms.

Mobilisation + 30 weeks

Tender document for Waste Waste collection scheme Comments received + 2

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collection platforms approved weeks

Tender Evaluation Report for Waste collection

platforms

Depending on the number

and quality of tenders

received, but not later than 2

months of tender submission

date

Comments received + 2

weeks

Landfill Company

operating manual and

training plan

Mobilisation + 24 weeks Comments received + 2

weeks

Draft Project Completion On Project Completion Within 4 weeks of receiving

the Client’s comments

Inception Report

This will take the form of an Assignment Implementation Plan (“AIP”) divided by task, to include:

a. Analysis of Key Challenges and risks associated with the Tasks and the measures proposed to deal

with them, identifying the parties responsible for the remedial actions and a practical timeline;

b. Assessment of Consultant Training Needs required for clarification with regards EBRD

requirements

c. PIU Training Plan d. Identification of Human Resources that will be required to implement the Task(s) as relates to the

Consultant’s staff and the Client’s staff including an Organisation Chart showing management

positions and reporting lines;

e. Detailed Project Programme using Primavera Project Planner (or similar software as approved by the

PIU) for completion of the whole Project - showing all activities and key events in line with the

Task(s)

f. Procurement and Implementation Plan setting out the responsibilities, duties and authorities of the

parties involved in the design and construction of the Project, together with all necessary procedures

for communications, meetings, reporting, change control, quality control, etc. as are necessary for the

efficient running and control of the Project;

g. Capital Budget and Cash-flow showing all expenditures. A budget/cash-flow report will be

incorporated in the monthly reports, showing: (a) the original budget, revised total estimate, and actual

or expected variance for each item; (b) actual and forecast cost overruns; and (c) recommendations

and/or details of actions to mitigate and/or recover any such cost over-runs;

h. ESAP Implementation Plan specifying the responsibilities and where applicable, split each ESAP

action into simple steps/tasks bound to a timeline. If there are any unfeasible or unrealistic actions or

deadlines, these needs to be raised together with alternative actions and deadlines for EBRD’s and the

Client’s consideration.

i. Plan for Project Control and Reporting, which will include inter alia: the proposed arrangements

for cost tracking, control and reporting, and the proposed arrangements for progress measurement,

control and reporting in line with the Financing Documents.

5.2 Monthly Progress Reports

These will be submitted to the PIU and set out clearly the Project’s achievements over the previous period in

terms of function, quality, cost, time, etc. and identifying the activities to be undertaken in the succeeding

period. The reports, to be broken down by Task(s) will include:

Progress to date versus progress in the AIP, for each activity, with special reference to progress within

the reporting period;

Actual or expected deviations from the AIP, and the implications to the target completion dates;

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Recommendations and/or actions proposed/taken within the Consultant’s delegated authority to

mitigate and/or rectify such deviations;

Formal, clearly stated opinion from the Consultant on whether the Project will be completed on time

and within budget;

Cost report showing the original budget, revised total estimate and variance for each budget item and

highlighting any actual or expected variance in the overall Project cost;

Progress report (using appropriate presentation formats: e.g. Gantt charts, S-curves, etc.) showing

progress to date versus the plan for each activity, actual or expected deviations from the original plan

and highlighting the implications for meeting the overall target completion date;

Any developments likely to affect Project viability;

Key personnel changes;

Statement of those items that are not conforming to the Programme or to the milestone, payment or

design Submission Schedules and those quality matters that are a cause for concern;

Schedule of certifications for payment during the reporting period and a forecast of the likely

certifications during the succeeding month.

Such Monthly Reports will be issued within 10 working days of the end of the reporting period and

incorporate the reports of any other consultants and Contractors as appropriate, and be in a form acceptable to

the PIU and Lenders. The reports should be a maximum of 20 pages, size 12 font. The reports should be

prepared in English and Armenian.

5.3 Quarterly Progress Report

The Consultant will be required to give formal representations, to be included in Quarterly Progress Reports.

The format of quarterly reports shall be agreed by the Client and the EBRD and shall be based on the

requirements of the Financing Documents to include, but not be limited to, the following:

Progress to date versus progress in the AIP, for each activity, with special reference to progress within

the reporting period;

Actual or expected deviations from the AIP, and the implications to the target completion dates;

Recommendations and/or actions proposed/taken within the Consultant’s delegated authority to

mitigate and/or rectify such deviations;

Cost report showing the original budget, revised total estimate and variance for each budget item and

highlighting any actual or expected variance in the overall Project cost;

Progress report (using appropriate presentation formats: e.g. Gantt charts, S-curves, etc.) showing

progress to date versus the plan for each activity, actual or expected deviations from the original plan

and highlighting the implications for meeting the overall target completion date, including percentage

completion achieved for each activity;

Any developments likely to affect Project viability;

Key personnel changes;

Statement of those items that are not conforming to the Programme or to the milestone, payment or

design Submission Schedules and those quality matters that are a cause for concern;

Schedule of certifications for payment during the reporting period and a forecast of the likely

certifications during the succeeding month;

chart and description of work and goods of each stage;

details of any aspects which may jeopardize the completion in accordance with the signed contracts,

and the measures being (or to be) adopted to overcome such aspects;

copies of the assurance documents, test results and certificates of any materials, if applicable;

safety statistics, including details of any hazardous incidents and activities relating to environmental

and social aspects and public relations. Specific attention to immediate reporting in line with the

Financing Documents should be in place;

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update on implementation status of ESAP (progress of implementation indicated clearly for each

mitigation measure in a separate column of the ESAP table), RAP/LRP, SEP and environmental and

social monitoring plan indicating any predicted delays, and preventative measures proposed to address

such delays;

any major changes in the Project design and/or capacity that represent a material change to the

originally approved EBRD Project. All such cases should be brought to the immediate attention of the

EBRD Operation Leader;

donor visibility actions undertaken during the relevant reporting period;

Formal, clearly stated opinion from the Consultant on whether the Project will be completed on time

and within budget; and

other information as relevant.

The reports should be a maximum of 20 pages, size 12 font. The reports should be prepared in English and

Armenian.

5.4 Project Completion Report

If still in place at Project completion, prepare a draft project completion report for comment by the

PIU within four weeks of receipt. The final Project completion report should be submitted within four

weeks of receiving the PIU’s comments. The Final Report will be a review of all Consultants’ tasks,

the level to which they were fulfilled and will include all necessary conclusions and the final ESAP

implementation progress update. If the Consultant’s assignment terminates ahead of the Project

Completion an agreed draft template should be submitted to the PIU.

PROFILE OF THE CONSULTANT

It is expected that during the discharge of their duties the Consultant will apply international best practice in

all fields including, but not limited to, the areas of environmental best practice and the promotion of gender

equality. This will include an expectation to identify issues related to the overall performance of both the PIU

and the Project which might impact either positively or negatively on the effective promotion of gender

equality or social and environmental best practice. In that regard, it is anticipated that where the Consultant

provides guidance and support in the development of policies, procedures and documentation for the

PIU/Client they will ensure that these are drafted to promote environmental and social best practice whilst

also promoting gender equality, non-discrimination and addressing any barriers impacting women or men

disproportionally, be this related to staff of the Client, potential tenderers and contractors or other Project

stakeholders. Where issues are identified, the Consultant is expected to raise these with the Client and in turn

ensure that any design, management and/or monitoring activities include measurable targets to

strengthen/safeguard equal opportunities, and that these are implemented and monitored, accordingly12

.

The Consultant shall retain personnel, with the required qualifications, for the tasks described above, covering

the following disciplines:

Project planning and management

Solid waste collection and management (including knowledge of the relevant Armenian legislations

and requirements)

Contracting and procurement

Construction safety

Environmental & social impact assessment and management, including demonstrable gender expertise

12

For further on EBRD’s approach to the promotion of gender equality, reference should be made to the EBRD’s Strategy for the

Promotion of Gender Equality. Guidance may also be sought from EBRD’s Gender & Inclusion Team for any specific issues

relating to the Project.

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Engineering / Design

GIS

Monitoring/Supervision of works construction

Community liaisons / outreach

The indicative inputs and required qualifications for the Consultant’s team are presented below.

All key personnel shall be fluent in English - knowledge of the local language will be considered an asset.

The Consultant’s team will comprise, but not necessarily be limited to, the following key personnel:

Position Qualification Requirements

International Team

Leader/Project

Manager

- At least 10 years of previous professional experience in a

similar role to the one proposed for this Assignment;

- project management experience gained in countries with

comparable conditions to Armenia and in comparable projects;

- construction supervision experience gained for comparable

projects

- knowledge of procedures of international financial institutions,

such as the EBRD, World Bank, EIB or ADB (preferable);

- have a good knowledge and understanding of EBRD’s

environmental and social requirements and past experience of

assistance in their successful implementation; and

- good proficiency in written and spoken English.

Local Project

Manager (Deputy

Team Leader)

- At least 5 years of previous professional experience in a similar

role to the one proposed for this Assignment;

- Project management, procurement and construction supervision

experience in comparable projects;

- good proficiency in written and spoken English;

- good knowledge of requirements of Armenian legislation

concerning construction, financial, accounting and disbursement

issues; and

- good knowledge English and Armenian.

IFI Procurement and

Contracts Specialist

- At least 5 years of previous professional experience in a similar

role to the one proposed for this Assignment;

- procurement experience gained in comparable projects and in

countries with comparable conditions to Armenia;

- good knowledge of procedures and rules of procurement of

international financial institutions, such as the EBRD, World

Bank, EIB or ADB, knowledge of FIDIC and/or World

Bank/EBRD Supply and Installation contractual arrangements;

and

- good proficiency in written and spoken English.

International and

Local Solid Waste

supervision engineers

- At least 5 years of previous professional solid waste

management experience in a similar role to the one proposed for

this Assignment;

- construction supervision experience gained for comparable

projects

- and in countries with comparable industry conditions to

Armenia;

- good knowledge of requirements of Armenian legislation

concerning construction, financial, accounting and disbursement

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issues;

- good proficiency in written and spoken English; and

- good knowledge of Armenian.

International and

Local Solid Waste

Designers

- preferably 5 years of previous professional experience in a

similar role to the one proposed for this Assignment;

- project experience in comparable projects and in countries with

comparable industry conditions to Armenia;

- good knowledge of requirements of Armenian legislation

concerning construction, financial, accounting and disbursement

issues;

- good proficiency in written and spoken English; and

- good knowledge of Armenian.

Finance/Disbursement

Specialist

- preferably 5 years of previous professional experience in a

similar role to the one proposed for this Assignment;

- Financial monitoring experience gained in comparable projects

and in countries with comparable industry conditions to

Armenia;

- good knowledge of procedures of international financial

institutions, such as the EBRD, World Bank, EIB or ADB; and

- good proficiency in written and spoken English.

Construction

Supervision

Specialists

- 3 years of previous professional experience in a similar role to

the one proposed for this Assignment;

- good knowledge of requirements of Armenian legislation

concerning construction supervision; and

- good knowledge of Armenian.

Environmental

Specialist

- 5 years of previous professional experience in a similar role to

the one proposed for this Assignment;

- good knowledge of requirements of European and Armenian

legislation concerning Environmental issues;

- good knowledge of English and Armenian.

Health and Safety

Specialist

- 3 years of previous professional experience in a similar role to

the one proposed for this Assignment;

- good knowledge of requirements of European and Armenian

legislation concerning Health and Safety issues;

- good knowledge of English and Armenian.

Social Specialist - 3 years of previous professional experience in a similar role to

the one proposed for this Assignment;

- good knowledge of English and Armenian.

GIS Specialists - 3 years of previous professional experience in GIS-related

projects;

- ability to compile geographic and demographic data from many

sources as well as to build, manipulate, and update databases;

- knowledge of ArcGIS Network Analyst extension;

- good knowledge of English and Armenian.

Data Researchers - 3 years of previous professional experience in researching

Government data;

- ability to compile data received from different sources;

- experience in social research and familiarity with the

demographics of Armenia;

- good knowledge of English and Armenian.

Legal Specialist - 3 years of previous professional experience in a similar role to

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the one proposed for this Assignment;

- good knowledge of Armenian waste-related legislation;

- good knowledge of English and Armenian.

Non-key experts are expected to include local office support.

DONOR VISIBILITY

7.1 For all donor-funded Assignments and Project components

Where the assignment and/or Project components are funded through the EBRD’s technical cooperation

programme, the Consultant will support the Client in their efforts to ensure appropriate visibility for donors

of all grant resources. Measures could include but not be limited to:

All documents produced by the Consultant should mention donor support and bear the logo of the

donor, when appropriate.

Donor support to the Project should be acknowledged in any public communication (press releases,

launch of facilities)

Local representatives of donors should be invited to any public event organised to promote the project

(press conferences, inaugurations, possibly stakeholder participation programmes).

The Client together with the Consultant shall collect evidence of donor's visibility, such as media coverage,

official notices and press releases, reports and publications materials, as appropriate and provide either within

the Quarterly Progress Report or the Final Project Completion Report.

7.2 For EU funded assignments/Project components

The Client and the Consultant shall follow the EU Visual Identity Guidelines which can be obtained through

the EU website: https://ec.europa.eu/europeaid/funding/communication-and-visibility-manual-eu-external-

actions_en

It is advisable that the Client with the Consultant’s support consider visibility guidelines at the start of an

assignment.

Further support on the visibility can be obtained from the EBRD’s Communications Department.

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Annex 1 Supervision of the Works Contracts – Detailed Description of Tasks

a) Contract Supervision

The PIU will require the Consultant to perform the duties and authority of the Engineer as specified in or

necessarily implied in the Contract. The applicable conditions of contract are the Conditions of Contract for

Construction for Building and Engineering Works Designed by the Employer.

The Engineer shall perform its duties or act:

o Proactively, where the initiative lies with the Engineer in administering the Contract;

o Reactively, in response to the Contractor’s or the Employer’s requests; and,

o Passively, in observing the requirements of the Contract.

Wherever appropriate and not in conflict with the Contract the Engineer shall exercise every reasonable care

to protect the interests of the Employer.

b) Commencement of Work on Site

For all contracts the Consultant will have the following obligations:

- Upon Commencement of the Works, in accordance with the terms of the contracts, execute and deliver

Commencement Certificates and obtain the countersignatures of the Contractors.

- If the Contractors do not receive possession of the site from time to time in accordance with the

contracts, or if a Contractor does not receive a Commencement Certificate within any period stipulated

in a contract, assess whether the Contractor is likely to suffer delay and/or incur extra cost and notify

the Client accordingly.

c) Statutory Requirements

The Consultant will have the following obligations:

- Obtain a copy and keep a file of any applicable standards, rules or regulations of all the relevant

authorities and public bodies and companies, whose property or rights are affected or may be affected

in any way by the Project. Monitor and report to the Client on obtaining compliance with the specified

consents by the Contractors.

- If required by the Contractors and permitted by the PIU, assist the Contractors in applications for

detailed town planning consents, building by-law, building act, building and fire regulation approvals,

EIA approvals and other environmental permits and all other statutory approvals and consents

required.

- Assist in any negotiation with any owners, lessors, adjoining owners, public authorities, licensing

authorities and others for the purchase by the PIU of the additional land under the Contract.

- Liaise as necessary with utility companies and other bodies, as appropriate, and assist in and co-

ordinate such liaison as necessary.

- Draw up and maintain a schedule of all necessary statutory licences, permits and approvals necessary

for the design, implementation and operation of the Project (the Schedule should identify the dates for

submissions and approvals, and the person or persons responsible for making application for such

licences, permits and approvals either on their own account or on behalf of the PIU or the Contractors).

Check that such applications are made on time and assist in negotiations with other parties, as

necessary from time to time.

- Coordinate with and assist the Client to ensure that all permits required are obtained on time.

d) Construction Risk Assessment

The Consultant will have the following obligations:

- Identification of hazards for the design and construction stages. This must comprise procedural risks,

environmental and social risks, technical and quality risks, risk of cost overrun, risk of delays, risk to

third parties, etc.;

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- Assess the likelihood of these risks and the potential consequences;

- Identify possible mitigation measures; and

- Proactively and continuously seek to manage and reduce/eliminate hazards/risks.

e) As-Built Drawings and Documentation

For all contracts the Consultant will have the following obligations:

- Upon completion, receive from the Contractors for approval copies of all As-Built Drawings - in the

English and local language - of the Permanent Works as completed, and such other technical and

design information and completion records relating to the said permanent works as specified in the

Contract and as the Engineer or the Client may reasonably require.

f) Environmental and Social Matters

The Consultant will ensure that all applicable environmental and social requirements of the Bank are being

adhered to and that the PIU is duly informed about the requirements. This includes providing assistance to

PIU in implementation of the Environmental and Social Action Plan (ESAP), environmental and social

monitoring plan, Stakeholder Engagement Plan (SEP) and preparation of annual environmental and social

reports to the Bank using the approved EBRD reporting format. The Consultant will also need to supervise

and monitor the implementation of the ESAP by the Borrower and the contract conditions by the contractors.

g) Archaeological Remains

For all contracts, the Consultant will have the following obligations:

- Receive notice from the Contractors in the event of the discovery of any fossils, coins, articles of value

or antiquity or other similar remains, dangerous dumpsites, hazardous contamination or munitions

within the Site and advise the Client in relation to the steps to be taken in consequence thereof and the

time and cost implications of such steps.

- Decide any extension of time and any additional payment to which the Contractor is entitled in

accordance with the terms of the Contract as a result of discovery of any archaeological remains or

dangerous dumpsites.

h) Health and Safety

The Consultant will ensure the Contractor prepares and implements a Construction Health and Safety Plan and

where necessary, require the Contractors to provide and maintain at their own cost all lights, guards, fencing,

warning signs and watching, for the protection of the Works or for the safety and convenience of the public or

others.

i) Programming and Monitoring Progress

For all contracts, the Consultant will have the following obligations:

- Advise the Client on compliance by the Contractors with respect to sub-contracting, as specified in the

Contracts.

- Upon receipt of the contractors’ Programme, and within the time stipulated in the FIDIC Conditions of

Contract, notify the contractors, with a copy to the Client, whether the Programme complies with the

Contract, and if not, in what respect does it not comply.

- Request the contractors to provide an expected monthly cash flow requirement.

- Verify that the progress of the Works is in compliance with the Programme and milestone schedule

approved under the Contracts on behalf of the Client. Notify the Client as far as possible in advance of

any possible failure to attain a milestone by the applicable date or non-compliance with the

Programme.

- Report on the Contractors’ control of the progress of the Works to ensure completion of the Works

within the time established in accordance with the Contracts.

- If for any cause other than those listed in the Contracts, the rate of progress of the Works or any Section

is at any time, in the Consultant’s opinion, too slow to ensure the completion of the Works or any

Section by the Completion Date, instruct the Contractors in accordance with the FIDIC Conditions of

Contract in writing with a copy to the Client.

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- Authorise any reasonable request by the Contractors to work outside agreed time windows (e.g. at night

or on locally recognised holidays) to expedite progress so as to comply with the Completion Date for

the Works or any Section.

- Receive from the Contractors due copies of formal quarterly and monthly Progress Reports, in

accordance with the FIDIC Conditions of Contract, checking the same to ensure that they cover all

relevant aspects of the Works and highlights actual or potential departures from the Programme or the

milestone, Payment or Design Submission Schedules and stating the proposed or necessary measures

to be taken by the Contractors to overcome such departures; commenting on and supplementing as

necessary such Progress Reports before forwarding them to the Client, and advising them of any

necessary measures to be taken to achieve completion of each Section within the applicable Time for

Completion.

- Convene formal monthly meetings (“Project Team Meetings”) with Project participants and other

relevant parties. These meetings must have a formal agenda and minutes.

- Check the provision of all necessary insurance, performance securities and warranties and other relevant

contract documentation.

j) Engineer’s Work Programme Report

In view of the above, within 28 days of issuance of the Engineer’s consent to the Contractors’ Work

Programme, the Engineer will submit a report to the Client and the Employer (Engineer’s Work Programme

Report), which will include:

a) Copy of the Contractors’ detailed cash-flow estimates, in monthly periods or in

accordance with milestone based payment schedules, of all payments to which the

Contractors will be entitled under the Contract;

b) Copy of the Contractors’ detailed Time Programme, showing the order in which the

Contractors intends to carry out the Works, including general description of the

methods which the Contractors intends to adopt, and of the major stages, in the

execution of the Works and other information as may be deemed necessary and

appropriate by the Engineer;

c) A supporting report which will include:

- A list of critical path items and the related Contractors’ estimates of delivery

periods, accompanied by the Engineer’s estimate of the latest delivery periods for

each critical path item to warrant the completion in accordance with the Contract;

- For the manufacture of each main item of Plant and Materials, the name of the

manufacturer, manufacture location and the expected dates of:

- Commencement of manufacture;

- Contractors’ and/or the Engineer’s inspections and tests; and

- Shipment and arrival at the Site;

- Materials and plant selected by the Engineer for inspections and tests, including an

appropriate specification of the tests to be carried out and the associated

arrangements;

- Names and particulars, including gender, of the Contractors’ representative and

other superintendence personnel approved by the Engineer in accordance with the

Contract;

- Names of subcontractors consented by the Engineer in accordance with the Contract

and, for each subcontractor, the cost and quantity of the subcontracted Works; this

section will include a brief justification for the Engineer’s consent;

- Copies of all notices, consents, approvals, certificates or determinations given or

issued by the Engineer within the reported period; and

- Other information as may be required by the Client.

k) Contracts Monthly Progress Reports

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The Engineer will prepare and submit to the Client monthly Progress Reports. The first Report will cover the

period up to the end of the first calendar month following the Engineer’s Work Programme Report. Each

monthly progress report will include:

a) Brief summary information about any events or circumstances which, in the Engineer’s opinion,

may create sufficient grounds for any time, claim and/or cost overrun under a Contract and the

Engineer’s recommendation of the measures being (or to be) adopted to overcome such events or

circumstances and the contractual basis thereof;

b) Comparison in the form of a chart showing the Contractors’ original cumulative cash-flow

estimate, in monthly periods, of all payments to which the Contractors will be entitled under the

Contracts and the actual payments certified by the Engineer up to the end of the reporting period.

In the event of the cumulative amount of the actual monthly payment certificates being lower than

the Contractors’ estimates, the Engineer will accompany the chart with a supporting report and

provide:

- Details of any events or circumstances that have caused the discrepancy;

- Assessment of the significance of such events or circumstances, including the Engineer’s opinion

on whether these may jeopardise the completion in accordance with the Contracts;

- Report on the measures being (or to be) adopted to overcome delays in respect of each event or

circumstances and the contractual basis thereof;

c) Comparison of the actual percentage completion of delivery compared with the planned for each

critical path item identified in the Engineer’s Work Programme Report; where any delivery is

behind the Programme, the Engineer will comment on the likely consequences and state the

remedial action being (or to be) taken;

d) Comparison of the actual percentage completion of delivery compared with the planned for each

main item of Plant and Materials, if not included in the list of critical path items;

e) Information about the use of provisional sums and an appropriate justification thereof;

f) Photographs showing the status of manufacture and of progress on the site;

g) List of new quality assurance documents, reports on test results and certificates of materials;

h) Safety statistics, as provided by the contractors, including details of any major incidents and

activities (e.g., strikes, riots, demonstrations, media attention, etc) relating to workers, public, and

environment;

i) List of all notices, consents, approvals, certificates or determinations given or issued by the Engineer

within the reported period; and

j) Other information, as may be required by the Client.

l) Quality Control

The Consultant shall:

- Develop a Quality Management Plan (QMP) for all aspects of the Project.

- Require the contractors (and design consultants) to develop and adhere to a Project specific Quality

Assurance Manual.

- Receive from the Contractors (and design consultants) the full particularised version of their Quality

Assurance Manual in English and local language; as soon as possible check and comment upon the

same and, if necessary, request the Contractors to amend the same.

- Audit the Contractors' and Sub-Consultants' QA implementation.

- Inform the Client if there are any difficulties in obtaining such a fully particularized Quality Assurance

Manual in the form required by the Engineer. Carry out necessary oversight to ensure that the

Contractors maintain an effective and sufficient quality assurance procedure for the Works and

monitor its operation.

- Ensure that the contractors retain independent inspection companies acceptable to the Client, to

undertake their own Quality Control (QC).

- Notify the Client if there is any failure of tests or inspection and if such failure is anticipated to cause

delay to any Completion Date or other material adverse consequence; advice on further tests required

and arrange that the Contractors carry out necessary rectification.

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- Carry out oversight inspection of the work being executed by the Contractors to provide assurance as to

the quality and standards of the materials and workmanship, and compliance with the specifications

and drawings as included in the contracts, the Approved Design, the Detailed Drawings, the Method

Statements, the Quality Assurance Manual and any agreed amendment thereto.

- At all reasonable times have access to the site and to workshops and places where materials or plant are

being manufactured, fabricated or prepared for the Works.

- Verify that independent testing of the materials or plant to be supplied under the contracts as is required

by the contracts has been or is to be carried out in accordance with such requirements at the

expense of the Contractors.

- Agree with the Contractors procedures and times for inspecting, witnessing or testing any materials or

plant as provided in the Quality Assurance Manual or the Contracts. Where notice of testing is

required, give the Contractors not less than 72 hours’ notice of intention to carry out an inspection or

attend tests.

- Agree practical procedures with the Contractors for giving notice for any examination by the Engineer,

which may be required before the Contractors can cover up or put out of view any part of the

Works. In accordance with such procedures, and the approved Quality Assurance Manual, examine

where appropriate and check any part of the Works which is about to be covered or put out of view;

notify and advise the Client if any material defects are discovered and monitor the remedying of same.

- Request the Contractors to make available for review copies of all test results within a reasonable time

of the test being carried out.

- Through oversight of the contractors operations, or through on-site inspection, determine if any

materials or plant are or are, likely to be, defective or otherwise not in accordance with the Contracts,

and reject such materials or plant.

- Take into consideration any reasonable requirement by the PIU of inspection, testing of plant, goods or

materials found to be defective pursuant to the contracts or where he has reasonable ground for

suspecting the existence of a defect or defects. Carry out any such inspection and arrange such testing

on behalf of the PIU in accordance with the contracts.

- Afford full opportunity for the PIU to ask for and to be present when examining and measuring any part

of the Works which is about to be covered up or put out of view, and examining foundations before

any part of the Works is placed thereon. Give reasonable prior notice to the PIU whenever such

part of the works or foundations is ready for such examination.

- Carry out, when requested by the Client, such other inspections, supervision of testing on-site or procure

the carrying out by the Contractors of such tests and supervise the same and carry out such other

acceptance procedures or arrangements with the Relevant Authorities.

- Supervise factory inspections, all installation work at the sites and commissioning/ testing of Project

components, if required.

m) Site Management

The Consultant shall:

- Attend site meetings and endeavour to ensure that at all times outstanding problems are settled in order

to avoid any delay or extra expenditure (having regarded, however, to the terms of the Contracts and

the limitations on the authority of the Engineer referred to under these ToR).

- Keep track on all interfaces, attend interface co-ordination meetings and assure that all interfaces are

properly managed and that interface problems are addressed and solved.

- Keep full and proper records of all meetings and discussions attended or conducted by the Engineer and

make the same available for inspection by the Client forthwith on request.

- On request of the PIU, attend meetings to resolve differences of opinion on general or technical matters.

- Ensure that the Client receives timely notice of and is permitted to attend all site meetings and other

meetings with the Contractors.

- Notify the Contractors if the Engineer objects to any person who has conducted himself as incompetent

or negligent; notify and advise the Client if this is the case and agree on any action to be taken.

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- Advise the Client on the general organisation of the Contractors’ resources at the Site, including

management and programming systems, manpower, plant and equipment.

n) Payments and Accounts

The Consultant should carry out the duties of the Engineer in relation to payment of the Contractors’ Works in

accordance with the Contracts:

- Receive from the Contractors on a monthly basis invoices pursuant to the Contracts.

- Upon receipt of the Contractors’ invoices, copy to the Client each such invoice and give due

consideration to any comments of the Client;

- Check in accordance with the relevant provisions of the Contracts the Contractors’ invoices and resolve

with the Contractors, where possible, any mistakes and queries which may arise in conjunction

therewith; advise the Client of any adjustments considered necessary.

- Ascertain the amount to be certified in respect of the Contractors’ invoices pursuant to the Contracts.

Within the times stipulated in the FIDIC Conditions of Contract, issue a certificate addressed to the

Contractor and the Client specifying the aggregate amount payable by the Client to the Contractor.

- Certify any additional amounts due to a Contractor in respect of valid claims notified in accordance with

the procedure set out in a Contract.

- Consider any invoices submitted by the Contractors pursuant to the Contracts and certify any additional

sums which the Engineer is empowered to certify as due, provided always that the Contractors has

supplied sufficient particulars to enable the Engineer to determine the amount due.

- Collate and prepare quarterly budgets showing sums anticipated to fall due from the PIU/Client to the

Contractors, dates and amounts of invoices and certificates under the Contract and milestones values

expected to be achieved in the quarter and deliver the same to the Client forthwith.

- Fully comply with the procedure for disputed certificates set out in the Contracts. In particular, complete

within two weeks any adjudication under the Contracts, which may be required. Forthwith carry out

any correction or modification of any certificate or other action authorised by the Contracts whenever

the Engineer considers it appropriate to do so.

- As required by the FIDIC Conditions of Contract, no later than fifty six (56) days after the date of issue

of the last Performance Certificate, receive from the Contractors draft Final Payment Certificates

pursuant to the Contracts. Within the times stipulated in the FIDIC Conditions of Contract after receipt

of this draft Final Payment Certificate, work with the contractors to agree a Final Statement.

- Maintain project accounts and prepare final project accounts.

o) Delays and Claims

The Consultant shall:

- Check that the Contractors continue to give the details and notices that are required under the Contracts

relating to any delay and forward such details and notices to the Client.

- Notify the Client immediately if a Contractor fails to complete any Section within the applicable

Completion Date or appears likely so to fail.

- Advise the Client on any difficulties that may arise generally in connection with the execution of the

Works.

- Receive notice of the intention of a Contractor to claim any additional payment within the times

stipulated in the FIDIC Conditions of Contract and adopt the stipulated process for claim resolution

and notify the Client thereof.

- Upon the request of the Contractor, discuss the delay, the reasons therefore, determine and notify the

Contractor of any extension of time and any amendments to any of the milestone, payment and design

submission schedules. Where the delay has been caused by any of the causes referred to in the

Contracts or where an extension of time has been granted, consult with the Contractor on behalf of the

Client, and send to the Client for its review, such revisions to the Programme, milestone, Payment and

Design Submission Schedules which the Contractor considers necessary in consequence of any such

delay or extension of time.

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- Work with the Client and the Contractor to set up the Dispute Adjudication Board, as required under the

FIDIC Conditions of Contract, and follow up all requisite processes in addressing the Contractors or

Clients claims.

- If necessary prepare a case for the application of Delay damages or a claim against the Performance

Guarantee where a Contractor has failed to perform.

In addition to the above, in the event of receipt of a notice of claim from a Contractor, immediately thereafter,

the Consultant will notify and copy the notice to the Client.

Promptly after receipt of any contractor’s claim, the Consultant will provide the Client with an assessment of

the Consultant’s preliminary conclusions with regard to the potential outcome of the claim. The Consultant

will require the Contractor to copy to the Client all accounts sent to the Consultant with regard to the

Contractor’s claim.

Prior to certification of any payment to a Contractor in relation to a Contractor’s claim, the Consultant will

have consulted with the Client on the grounds on which the Consultant intends to certify the payment. The

Consultant will provide the Client with any particulars to enable the Client to establish its position with regard

to the Engineer’s certificate.

p) Completion and Defects Notification Period

The Consultant shall:

- Within the terms and conditions stipulated within the FIDIC Conditions of Contract receive a request

from a Contractor to issue a Taking-Over Certificate in respect of the Works.

- Within 21 days of receipt of such a request, inspect the Works with a representative of the PIU.

- Provided that the Client has confirmed that they have no objection to the Engineer so doing, issue

immediately to the Contractor, with a copy to the said parties, a Taking-Over Certificate stating the

date on which the Works were substantially completed in accordance with the Contract.

- Taking into account any comments of the said parties, give instruction in writing to a Contractor

specifying all the work required to be done by the Contractor before the issuance of a Taking-Over

Certificate; notify the Contractor of any defects in the Works affecting Completion that may appear

after giving such instructions and before completion of the Works specified therein; provided that the

Contractor has completed the Works so specified and remedied any defects so notified to the

satisfaction of the Engineer and the Client, issue a Taking-Over Certificate within the period as

prescribed in the FIDIC Conditions.

- Instruct a Contractor to search for defects and the cause thereof and to execute all such work of

amendment, reconstruction, and remedying defects, shrinkage or other faults during the Defects

Notification Period as prescribed within the FIDIC Conditions.

- Monitor generally the Contractors in performing their obligations during the Defects Notification Period.

Prepare and issue a Performance Certificate, within the times and using procedures prescribed within

the FIDIC Conditions.

- In the event that a Contractor refuses to carry out any rectification work, assist the Client in the

employment of an alternative Contractor and in the recovery from the Contractor of the costs of

employing the same where applicable.

- Advice the Client of the value of any completed Section and of any further information as may be

necessary for calculating any adjustment in the amount of the Performance Security and any other

bonds or securities procured by the Contractor to secure its obligations.

- Arrange for the return of any outstanding guarantees provided by Contractors, such as performance

securities.

q) Variations

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The Consultant shall note that before agreeing to any modification or waiver of the terms and conditions of a

contract or granting an extension of the time for performance (except in cases of extreme urgency brought

about by unforeseeable events not attributable to the procuring entity), the Client shall obtain the Bank’s no

objection to the proposed modification, waiver or extension. All change or variation orders made in

accordance with the terms and conditions of the Contract are subject to the Bank’s review before a no-

objection can be given for disbursement.

The Consultant will assist the Client to comply with the procedures agreed with the EBRD.

Unless, in the opinion of the Consultant, an emergency occurs affecting the safety of life or of the Works or of

adjoining property, the Consultant will provide a preliminary report to the Client on any prospective variation,

outlining the basis for the Consultant’s valuation of the variation, including but not limited to the following:

- The Consultant’s opinion on the extent, if any, of applicability to the varied Works of the rates and

prices set out in the Contract; when expressing an opinion, the Consultant will take into account the

actual or expected currencies of cost (and the proportions thereof) of the inputs of the varied work

without regard to the proportions of various currencies set out in the Contract;

- The quantity and the value of the varied Works that can be determined using the rates and prices set out

in the Contracts;

- The quantity and the Consultant’s estimate of the value of the varied Works, which can be determined

using the rates and prices set out in the contract as the basis for valuation: the Consultant will provide a

detailed breakdown of the rates and prices set out in the Contract and identify the price components

that the Consultant used or intends to use for the valuation of the varied works;

- The quantity and the Consultant’s estimate of the value of the varied Works, which can only be

determined using the rates and prices agreed to be agreed upon between the Consultant and the

Contractors. The Consultant will provide to the Client with an appropriate justification of the basis for

the agreement.

In case of a variation, the Consultant will follow the procedures and conditions stipulated within the FIDIC

Conditions:

- However, in the event that the Client orders changes to the Approved Design, and if the compliance with

such order has, in the opinion of the Engineer, materially delayed or is potentially likely to delay the

Completion Date for the Works or any Section, determine the extension of time and the additional

payment to which the Contractor will be entitled in accordance with the terms of the Contract.

r) Suspension

If in the Consultant’s opinion, a suspension is required, the Consultant will initially consult with and seek the

approval of the Client. After receiving their approval to issue a suspension, the Consultant will follow the

procedures and conditions established in the FIDIC Conditions.

s) Default and Disputes

The Consultant shall:

- Notify the Client immediately if a Contractor is failing to comply with its obligations under a Contract.

Discuss with the Client possible remedies, and advise on the rights and obligations of the parties under

the Contract.

- As soon as may be practicable after any entry and termination by the Client in accordance with a

Contract, adopt the procedures and conditions stipulated in the FIDIC Conditions.

- If any urgent remedial work is necessary, act in accordance with the Contract, and otherwise advise the

Client on carrying out the same by the Contractor or, if impossible to do so, discuss such failure with

the Client.

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- If any dispute or difference is referred to arbitration, assist the Client generally in respect of such

arbitration provided always that the Engineer will not be required to act improperly or contrary to his

obligations as the Engineer under the Contract.

- In the event of termination, provide advice and assistance in connection with the departure of a

Contractor from the site and the assignment of the benefit of any agreement for the supply of goods,

materials, services and/or execution of any works.

- Advise the Client of their rights upon the occurrence of any Force Majeure event.

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Annex 2 Procurement Plan (latest update June 2019)

EU NIF E5PTC

grant

Tender

Invitation

Contract

Award

Contract

Completion

1

Construction of new landfil l and transfer

stations (including buildings and

structures)

5,400 2,700 2,200 500 Works Open Jun-19 Oct-19 Mar-21

2

Specialised equipment for landfil l and

trasfer stations operation (slice and

package)

1,000 400 300 300 Goods Open Dec-19 Apr-20 Mar-21

3 Waste collection trucks 2,400 1,000 500 900 Goods Open Dec-19 Apr-20 Mar-21

4 Waste containers 1,250 450 500 300 Goods Open Dec-19 Apr-20 Mar-21

5 New waste collection points 550 550 Works Local Oct-19 Feb-20 Nov-20

Contingency 400 400

Total Part A 11,000 5,500 3,500 2,000

Part A of the Project - Capital Expenditures (Investment Components)

Financing by others

No. Description

Estimated

contract

value

EBRD

loan

Contract

type

Procurement

method

Time Schedule

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P U B L I C

Annex 3 List of consultants for coordination

- Corporate Development, Stakeholders Participation and Municipality Support

Programme Consultant

- Land Acquisition and Livelihood Restoration Plan Consultant

1. Background _______________________________

2. Objective(s) of the Assignment _____________________

3. Scope of Services, Tasks (Components) and Expected Deliverables

________________________________________________________________

3.1 _______________________

3.2 [indicate if downstream work is required]

3.3 [indicate if training is a specific component of the assignment]

4. Team Composition &Qualification Requirements for the Key Experts (and any other

requirements which will be used for evaluating the Key Experts under Section 1.3 of the

RFP.

5. Reporting Requirements and Time Schedule for Deliverables

[At a minimum, list the following:

(a) format, frequency, and contents of reports;

(b) number of copies, and requirements to electronic submission (or on CD ROM).

Final reports shall be delivered in CD ROM in addition to the specified number of

hard copies;

(c) dates of submission;

(d) persons (indicate names, titles, submission address) to receive them; etc.

If no reports are to be submitted, state here “Not applicable.”]

If the Services consist of or include the supervision of civil works, the following

action that require prior approval by the Client shall be added: “Taking any

action under a civil works contract designating the Consultant as “Engineer”, for

which action, pursuant to such civil works contract, the written approval of the

Client as “Employer” is required.”]

6. Client’s Input and Counterpart Personnel

(a) Services, facilities and property to be made available to the Consultant by the

Client: _______________________________ [list/specify]

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(b) Professional and support counterpart personnel to be assigned by the Client to

the Consultant’s team: _______________________________ [list/specify]

7. ________________________________

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PART III - . Conditions of Contract and Contract Forms

Foreword

Part II includes the standard Contract forms for Consulting Services. The standard form of

contract can accommodate a time-based contract, or a lump-sum contract, or a contract

that is part time-based, part lump-sum based.

The templates are designed for use in assignments with consulting firms and shall not be

used for contracting of individual experts.

CONSULTANCY CONTRACT

Armenia

Consulting Services for Kotayk and Gegharkunik Solid Waste Management Project

Project Implementation Support

between

“Kotayk and Gegharkunik Municipal Solid Waste Management” LTD

and

<<org_name4>>

<<date_today6>>

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CONSULTANCY CONTRACT

Contract No: KGSWMP/CS/QCBS-01 dated <<date_today7>> between “Kotayk and

Gegharkunik Municipal Solid Waste Management” LTD of Hrazdan city, Square of

Constitution, 2nd Administrative building, Armenia (the “Client”), and <<org_name5>>

of <<org_address>> (the “Consultant”).

PREAMBLE

WHEREAS by an Agreement dated 5 April 2016 (the “Loan Agreement”) between the

Client and the European Bank for Reconstruction and Development (the “Bank”,

EBRD), an international financial institution established under the Agreement

Establishing the European Bank for Reconstruction and Development, a multilateral treaty

signed in Paris on 29th

May 1990, with its headquarters at One Exchange Square, London

EC2A 2JN, United Kingdom, the Bank has agreed to make funding available to the Client

for the purpose of financing Kotayk and Gegharkunik Solid Waste Management Project

(the “Project”);

WHEREAS the Client has requested the Consultant to provide services (the “Services”)

necessary for the effective implementation of the Project;

WHEREAS the Consultant has agreed to provide the Services on the terms and conditions

set forth in this Contract;

WHEREAS by an Agreement dated <<date_today8>> between the Client and the Bank

(the “Grant Agreement”), the Bank has agreed to make funds available for the purpose

of contributing to the financing of the Services from the International Donor(s) up to EUR

800,000 as a grant.

NOW, THEREFORE, the parties hereto agree as follows:

ARTICLE I

1.01 Definitions

In this Contract, the following capitalised terms shall have the following meanings:

a) Bank or EBRD: means the European Bank for Reconstruction and

Development.

b) Budget Breakdown: means (i) in a Fee Based Contract, the schedule, which

itemises rates, per diem allowances and the provision for any reimbursable

expenses and (ii) in a Lump Sum Contract, the schedule on which the

Maximum Contract Amount is expressed on an all-inclusive basis.

c) Client: means the party to whom the Services under this Consultancy

Contract shall be delivered.

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d) Consultant: means the party who will perform the Services.

e) Country of Assignment: means the country wherein the Services are to be

provided and/or the country of the Client.

f) Donor: means the provider of the Grant funds as specified in the Preamble

Grant Agreement.

g) Experts: means those individuals listed in Schedule B who will be

performing the Services.

h) Fee Based Contract: means a contract under which services are provided on

the basis of chargeable time at a fixed fee rate.

i) Grant: means the amount of funds to be made available by the Donor to the

Bank, as administrator, for the purposes of financing the Consultancy

Contract.

j) Grant Agreement: means the Agreement between the Bank and the Client

and all appendices attached thereto as the same may be amended from time to

time.

k) Lump Sum Contract: means a contract under which the services are

provided on the basis of an agreed all-inclusive payment.

l) Maximum Contract Amount: means the maximum amount to be paid to the

Consultant under this Contract, including all fees, allowances and

reimbursable expenses as set out in Appendix 1 excluding any indirect taxes

(including VAT) chargeable in respect of this Contract or the Services

provided hereunder, which are not otherwise recoverable by the Consultant.

m) Operation Leader: means the Bank staff member responsible for monitoring

the implementation of the Consultancy Contract on behalf of the Bank.

n) Services: means the services to be performed by the Consultant as set out in

this Contract.

o) Terms of Reference: means the requirements and the objectives in respect of

the provisions of Services, specifying, where relevant the methods and

resources to be used by the Consultant and/or the results to be achieved and as

set out in Schedule A.

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1.02 Interpretation

(a) The headings in this Contract are for convenience only and shall not affect its

interpretation.

(b) In this Contract, reference to an Act is to such Act and to the regulations made

pursuant to such Act as such Act and regulations may at any time be amended

or modified and in effect, and to any act or regulations that may be passed that

have the effect of supplementing or superseding such act or regulations.

(c) In this Contract, a reference to any gender includes a reference to all other

genders, the singular number shall include the plural and vice versa and

references to persons shall include bodies corporate, unincorporated

associations and partnerships. Reference to a person shall include successors

and permitted assigns.

1.03 The Services

The Consultant shall perform the Services under this Contract in accordance with

the Terms of Reference set forth in Schedule A.

1.04 Start Date

The Consultant will commence the Services no later than the dates or events

specified in Appendix I.

ARTICLE II

Expert(s) 2.01 Expert(s)

(a) The Services shall be carried out by the Experts specified in Schedule B for

the respective periods of time which may be indicated in this Contract. The

Consultant and the Client may agree upon minor adjustments to such periods

as may be appropriate to ensure the efficient performance of the Services,

provided that such adjustments will not cause payments made under the

Contract to exceed the Maximum Contract Amount.

(b) The Consultant may grant the Experts holiday and sick leave in accordance

with its usual practice provided that the Services are provided within the time

frames indicated in Appendix 1 and Schedule A. If the holidays and sick

leave cause disruption to the Project, the Client may require leave to be

limited to four (4) weeks in a year.

(c) Except as the Client may otherwise agree no changes shall be made in the

Experts, provided, however, that if for any reason beyond the reasonable

control of the Consultant it becomes necessary to replace any of the Experts,

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the Consultant shall forthwith assign as a replacement, a person of equivalent

or better qualification, at the same rate of remuneration set out in Schedule B.

In this event prior written agreement from the Client will be necessary.

(d) In the event that any Expert is found by the Client to be incompetent in

discharging their assigned duties, the Client may request the Consultant

forthwith to provide a replacement person with qualifications and experience

acceptable to the Client.

(e) Any expenses incurred by reason of replacement of Experts pursuant to

Clause 2.01 (c) or (d) shall be borne by the Consultant. Except as the Client

may otherwise agree the Consultant shall bear all additional travel and other

costs arising out of or incidental to any replacement and the remuneration to

be paid for the replacement person shall not exceed the remuneration which

would have been payable to the person replaced.

2.02 Project Manager

The Consultant shall ensure that at all times during which the Services are

provided in the Country of Assignment, a project manager, acceptable to the

Client, shall take charge of such operations (the "Project Manager"). The Project

Manager shall be responsible for liaison between the Consultant's Headquarters

and the Client. The Project Manager shall be responsible for providing progress

reports on delivery of the Services within a reasonable time upon request by the

Client.

ARTICLE III

Payments to the Consultant

3.01 Maximum Contract Amount

(a) Payments under this Contract shall not exceed the aggregate amount as stated

in Appendix I (the “Maximum Contract Amount”).

(b) Maximum Contract amount does not include indirect taxes (including VAT)

on Services, if chargeable in respect of the Services or this Contract provided

hereunder.

(c) Any indirect taxes chargeable in respect of this Contract or the Services

provided hereunder shall be paid by the Client for the Consultant. Provision of

this Sub-Clause is not applicable to any of the Consultant’s subcontractors.

(d) No element of the Grant shall be used for financing any indirect taxes referred

to in sub-paragraph (c) above.

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3.02 Currency Payment

Except as otherwise agreed between the Client and the Consultant any payment

under this Contract shall be made in the currency specified in Appendix I.

3.03 Fees of the Consultant

(a) The Client shall pay or cause to be paid to the Consultant amounts properly

due in respect of the Services, subject to the Maximum Contract Amount, plus

any indirect taxes (including VAT) payable, and the terms of this Contract.

(b) Where the fees are expressed in terms of daily rate, the time spent in

performing the Services shall be determined on the basis of the number of

working days actually spent by the Expert in performing the Services

including necessary travel time. Except as otherwise agreed between the

Client and the Consultant, no payments shall be made to the Consultant in

respect of work performed other than during the Term of Engagement

specified in Appendix I. Calculation of fees payable on a monthly basis shall

be based on a maximum of twenty-two (22) working days per calendar month.

(c) Where the fees are expressed in terms of a daily rate, the fee – unless

otherwise specified in Schedule B - shall include the Consultant's and/or

Experts':

(i) overhead;

(ii) ancillary services, such as secretarial and research services;

(iii) administrative expenses, such as e-mail, telephone and documentation

expenses,

(iv) equipment and office supplies; and

(v) other sundry and miscellaneous expenses that may be incurred for the

purpose of the services, unless otherwise specified in Schedule B.

Per diem and allowances, if any, shall be paid separately in accordance with

Schedule B.

(d) Where the fees are expressed in terms of a lump sum against deliverables, the

fee shall include the Consultant's and/or Experts':

(i) overhead;

(ii) ancillary services, such as secretarial and research services;

(iii) administrative expenses, such as e-mail, telephone and documentation

expenses,

(iv) equipment and office supplies; and

(v) other sundry and miscellaneous expenses including any per diem and

allowances that might be applicable and may be incurred for the purpose

to the services unless otherwise specified in Schedule B.

(e) The overhead, whether daily-rate or lump sum, specified in Schedule B shall

be deemed to include provision for all leave, insurance, social welfare or

pension charges or contributions to which the Consultant and/or Expert may be

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or may become liable to pay (by law or by agreement) during the Term of

Engagement. The Consultant has full and sole responsibility for complying

with all applicable laws, regulations, administrative rules and guidance in this

respect and shall indemnify the Client against any claim made against the

Client for non-compliance, thereof, whether made before or after the

termination or expiry of the Contract.

3.04 Allowances and Expenses of the Consultant

Where the Contract is a Fee Based Contract, the Consultant may be paid the

following allowances, costs and expenses at the rates and if so provided in Appendix

B, subject to the provisions of the Contract:

(a) a per diem allowance for each night the Expert is required by the Contract to

be away from his or her usual place of residence. The per diem allowance

shall cover costs of the hotel room, food and incidental expenses, but not local

travel. Unless other rates are specified in Schedule B, per diem allowances

will be paid according to the United Nations per diem rates in force at the time

for the place and Country of Assignment, as published under the title

“Schedule of Daily Subsistence Allowance Rates” by the International Civil

Service Commission. Where the Contract is fully or partly EU funded, EU Per

diem rates shall not be exceeded and can be obtained from

http://europa.eu.int/comm/europeaid/perdiem/liste1_en.htmhttp://ec.europa.eu/

europeaid/work/procedures/implementation/per_diems/index_en.htm. No per

diem allowance shall be paid for periods of leave or for the day of return.

(b) an accommodation allowance when the Expert is required by the Contract to

be away from the usual place of residence and to reside in the Country of

Assignment for a period of three (3) months or more. For the purpose of

determining this period as well as the entitlement to the allowance, short

absences from the Country of Assignment shall not be counted.

(c) transport expenses actually and properly incurred by the Expert(s) in travelling

for the purpose of the Services. All travel should be via the most cost effective

routes and methods available; air travel is only authorised at Economy Class

fare (commonly designated as fare basis Y). Original ticket stubs and invoices

shall be required as evidence of payment, together with boarding cards and

travel agency receipts. Travel by train may be made in first class, apart from

EuroStar, which shall be by second class. Travel by a private car may only be

used if expressly stated in the Contract. Private car costs shall be reimbursed at

the mileage specified in Schedule B.

(d) other miscellaneous expenses of the Consultant or the Expert(s) arising

directly out of the Services, to the extent they are specified in Schedule B.

All reimbursable expenses shall be reimbursed at actual cost, unless otherwise

explicitly provided in Schedule B, and in no event shall reimbursement be made in

excess of the Maximum Contract Amount.

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3.05 Valuation of Currencies

Where it shall be necessary to determine the equivalent of an amount in one

currency in terms of another for the purposes of:

(a) calculating the Maximum Contract Amount; or

(b) making payments in respect of reimbursable expenses

the conversion shall be made on the basis of the exchange rate set out in the

Financial Times on the first Monday of the month of the invoice, if it is convertible,

or against submission of evidence of the exchange rate applied when purchasing

local currency for the corresponding reimbursable expenses.

3.06 Payment of Fees and Expenses

Billings and payments in respect of the Services shall be made as follows:

(a) Where the Term of Engagement is less than two months, the fees, per diem

allowance and reimbursable expenses owing to the Consultant, shall be

payable upon satisfactory completion of the Term of Engagement or

termination of the Contract whichever is earlier after deduction of any advance

payments made to the Consultant.

(b) When the Term of Engagement is two months or more, the Consultant shall be

paid in such periodic instalments as specified in the Contract.

(c) Within thirty (30) days of receiving a correctly presented invoice from the

Consultant for the advance payment (if any) the Bank, on behalf of the Client,

shall pay or cause to be paid the advance payment to the Consultant subject to

the conditions set out in Appendix I.

(d) The Consultant shall submit to the Client an itemised invoice in respect of the

relevant period during the Term of Engagement showing the amounts payable

under the Contract, supported by such receipts, vouchers, invoices, time sheets

and other evidence as the Client or Bank may reasonably require. The details

of the bank account, as set out in Appendix I, where payment shall be made

must be supplied on each invoice. Invoices shall be submitted and payments

made in accordance with Appendix I and with the Payments provisions

specified in Schedule B. The Consultant shall submit a copy of the itemised

invoice referred to in this Clause to the Bank for information purposes only

and on the understanding that the Bank will not be authorised to release

payment for the invoice until the original invoice is approved and forwarded to

the Bank by the Client.

Within thirty (30) days of the receipt of any invoice, other than that referred to

in Clause 3.06(c) (above), the Client shall confirm to the Bank that the

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invoiced amounts are correct and payable to the Consultant by sending the

Bank confirmation of its approval and authorising payment of the invoice.

(e) If the payment schedule provides for payments against deliverables, as soon as

practicable and no later than the fifteenth (15th) day after a deliverable has

been appropriately approved by the Client, the Consultant shall submit to the

Client and the Bank, an invoice itemised according to Schedule B, expressed

in the currencies provided for in Clause 3.02 of the Contract and accompanied

by appropriate evidence of the submission and approval of the deliverable, as

well as by receipted invoices, vouchers, tickets and other appropriate

supporting materials as applicable, of the amounts payable.

(f) The Client may withhold or cause to be withheld payment of all or any portion

of an invoice that is not satisfactorily supported with such documentation that

is reasonably requested provided, however, that if any discrepancy should be

found to exist at any time between payment actually made to the Consultant

and costs authorised to be incurred by such a Consultant, the Client may add or

subtract the difference from any subsequent payment(s).

(g) Payments in respect of any costs that would exceed the estimates set forth in

Schedule B may be chargeable to the contingency amounts provided for in the

respective estimates only if such costs are approved by the Client in writing

prior to being incurred, and subject always to the Maximum Contract Amount

not being exceeded.

(h) Final payment under this Clause 3.06 shall be made only after the final report

and a final invoice, identified as such, have been submitted by the Consultant

and approved as satisfactory by the Client.

(i) Any payment made by the Client of (i) amounts not due under the Contract, or

(ii) any amount in excess of the fees and costs actually incurred, (except as

applicable when payments have been agreed to be made as a fixed fee or lump

sum against deliverables) will be reimbursed by the Consultant to the Client

within thirty (30) days after receipt by the Consultant of relevant notice.

(j) All payments to the Consultant under this Contract shall be made solely to the

bank account of the Consultant specified in Appendix I.

ARTICLE IV

Undertakings of the Client

4.01 Confirmation

The Client confirms that it has the power to enter into and perform this Contract and

that the Contract constitutes a legal, valid and binding obligation of the Client

enforceable in accordance with its terms.

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4.02 Taxes and Duties

(a) Subject to Clause 5.03, the Client shall use its best efforts to ensure that the

Government of the Country of the Assignment shall exempt the Consultant

from any taxes, duties, fees, levies and other impositions imposed under the

laws and regulations which are in effect in the Country of Assignment,

provided that if the Client cannot obtain such exemption any such tax shall be

borne by the Client. Any such tax shall not be calculated or included as part of

the Maximum Contract Amount.

(b) The Client's obligation to seek exemption from taxes, duties, fees, levies and

other 'charges' applies in respect of the following:

(i) any payments made to the Consultant, other than payments to nationals

of the Country of Assignment, in connection with the carrying out of the

Services; and

(ii) equipment, materials and supplies brought into the Country of

Assignment for the purpose of carrying out the Services and which, after

having been brought into such territories, will be subsequently

withdrawn therefrom; and

(iii) any property brought into the Country of Assignment by the Consultant,

the Expert(s), or the eligible dependants of the Expert(s) for their

personal use or consumption which will be consumed in the Country of

Assignment or will subsequently be withdrawn therefrom upon the

departure of the Consultant and the Expert(s) from the Country of

Assignment.

(c) Any equipment imported for the purpose of carrying out the Services and paid

for out of funds provided under this Contract will be treated as the property of

the Client.

(d) The Consultant and the Expert(s) shall follow the usual customs procedures in

the Country of Assignment concerning the import of property.

(e) If the Consultant or Expert(s) fail to withdraw, and instead disposes in the

Country of Assignment, any property upon which customs duty and taxes have

been exempted, the Consultant shall pay such customs duties and taxes in

conformity with the applicable regulations.

4.03 Assistance with Local Requirements

To the extent it is able, the Client shall use its best efforts to:

(a) assist the Consultant and each of the Expert(s) to obtain the necessary work

permit(s) and such other documents as shall be necessary to enable them to

perform the Services;

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(b) if applicable, assist the Expert(s) and, if appropriate their eligible dependants,

to obtain all necessary entry and exit visas, residence permits, exchange

permits and travel documents required for any stay in the Country of

Assignment to perform the Services.

(c) facilitate clearance through customs of any property required for the Services

and of the personal effects of the Expert(s) and their eligible dependants;

(d) provide all such information to government officials, agents and

representatives as may be necessary or appropriate for the prompt and

effective performance of the Services; and

(e) assist the Consultant, the Expert(s) or approved sub-contractors employed by

the Consultant for the Services to be exempted from requirements to register

or obtain any permit to practice their relevant profession(s) or to establish

themselves either individually or as a corporate entity according to the laws of

the Country of Assignment.

4.04 Access to Land

The Client warrants that the Consultant and Expert(s) shall have, free of charge,

unimpeded access to all land in respect of which access is required for the

performance of the Services. The Client shall be responsible for any damage to such

land or property thereon resulting from such access (other than damage caused by

the wilful default or negligence of the Consultant or the Expert(s)) and the Client

shall indemnify the Consultant and each of the Expert(s) in respect of liability for

any such damage.

4.05 Services, Facilities and Equipment

The Client shall make available to the Consultant and the Expert(s), for the purpose

of the Services, in a timely manner and free of any charge, the counterparts, services,

facilities, equipment and property described in Schedule A.

ARTICLE V

Undertaking of the Consultant

5.01 General Standard of Performance by the Consultant

(a) The Consultant shall carry out the Services with due diligence and efficiency,

and shall exercise such reasonable skill and care in the performance of the

Services as is consistent with sound professional practices.

(b) The Consultant shall act at all times so as to protect the interests of the Client

and shall take all reasonable steps to keep all expenses to a minimum,

consistent with sound professional practices. The Consultant shall fully co-

operate with the Bank to allow it to fulfil its monitoring obligations and

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facilitate reporting to the Bank or the Donor on how their funds are being used

for the Services and the Project.

5.02 Records

(a) The Consultant shall keep accurate and systematic records and accounts in

respect of the Services in such form and detail as is customary in the

profession and as shall be sufficient to establish accurately that the costs and

expenditure referred to in Article III have been duly incurred.

(b) Upon reasonable notice, the Consultant shall permit the duly authorised

representatives of the Client and the Bank, from time to time to inspect its

records and accounts relating to the Services and to make copies and shall

permit the Client, the Bank, or any person authorised by the Client or the

Bank, from time to time, to audit such records and accounts during the

performance of the Services.

5.03 Applicability of Taxes

The Consultant shall determine whether any direct or indirect taxes, including VAT,

are payable or chargeable by the Consultant in respect of the Services or this

Contract. The Consultant shall take all appropriate and reasonable steps to eliminate

or minimise any such tax, including without limitation registration of this Contract

pursuant to any bilateral agreement concerning exemption from taxation of aid

funding between the government of the Donor and the Country of Assignment or

any double taxation treaty between the governments of the Country of Assignment

and the Consultant's country.

5.04 Information

The Consultant shall furnish the Client and the Bank with such information relating

to the Services as the Client and the Bank may from time to time reasonably request.

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5.05 Assignments and Sub-Contracting

(a) Except with the Clients' prior written approval, which the Client may withhold

at its discretion, the Consultant shall not assign or transfer the Contract or any

part thereof nor engage any independent consultant or sub-contractor to

perform any part of the Services.

(b) When the Consultant is permitted to associate with individual consultants,

consultancy firms, partnerships, entities or other persons, in a consortium or

through subcontracting or association, as appropriate, the Consultant will

ensure that each such consortium member, subcontractor and/or associate fully

complies with the Consultant's obligations under this Contract. The

Consultant shall be liable for the acts or omissions of such consortium

members, subcontractors and/or associates. The Consultant will not be

relieved of its obligations under this Contract by use of such individual

consultants, firms, partnerships, entities or other persons. Such permitted

individual consultants, firms, partnerships entities or other persons in the

consortium, association or subcontracting arrangement may only be changed

with the prior consent of the Client and the Bank.

(c) In the event that any such independent consultants or sub-contractors are

found by the Client to be incompetent in discharging their assigned duties, the

Client may request the Consultant forthwith either to provide a replacement

consultant or sub-contractor with qualifications experience and a rate of

remuneration acceptable to the Client or to resume the performance of the

Services itself.

5.06 Confidentiality

Except with the prior written consent of the Client, the Consultant shall not disclose

nor cause or permit the Consultant's Expert(s), employees, agents and sub-

contractors to disclose to third persons nor use for the Consultant's own purposes

any information relating to the Services, the Project, the Client or the Bank,

including information in respect of rates of remuneration and conditions of

contracting. The Consultant may provide such data and information if required by

applicable law or regulation, but only that portion of the data or information, which,

to the extent permitted, by the relevant law or regulatory requirement is legally

required to be furnished. If such a demand is made the Consultant shall promptly

inform the Client and the Bank. This provision shall survive the termination and

expiration of the Contract.

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5.07 Prohibition on Additional Project Work

Except with the prior written consent of the Client and the Bank, the Consultant

agrees that during and for a period of two years following the termination of this

Contract, the Consultant’s and or Expert(s)’ participation in the Project shall be

limited to the provision of the Services, hereby disqualifying them and any other

contractor, consulting firm, manufacturer or individual with which the Consultant is

associated or affiliated from the provision of goods, works and services (other than

the Services) for the Project, and for tendering for any part of the Project. For the

purpose of this Clause “affiliate” means any other person that directly or indirectly

through one or more intermediaries, controls or is controlled by, or is under the

common control with, the Consultant; “control” (including the terms “controlling”,

“controlled by” and “under common control with”) means the possession, direct or

indirect, of the power to direct or cause the direction of the management, policies or

activities of a person, whether through the ownership of securities, by contract or

agency or otherwise.

5.08 Conflict of Interest

The Consultant shall ensure that no circumstances arise during the Term of

Engagement in which the Consultant’s activities under the Contract conflict or might

conflict with the personal interest of the Consultant or the Expert(s) or with any

services which the Consultant or the Expert(s) may render to third parties.

5.09 Prohibited Practice

The Client without prejudice to any other remedy for breach of the Contract by

written notice of termination sent to the Consultant, may terminate this Contract

forthwith if the Consultant or Expert(s), in the judgement of the Client, has engaged

in the below referenced prohibited practice(s) in competing for or in executing the

Contract. For the purpose of this Clause:

coercive practice means impairing or harming, or threatening to impair or harm,

directly or indirectly, any party or the property of the party to influence improperly

the actions of a party;

collusive practice means an arrangement between two or more parties designed to

achieve an improper purpose, including to influence improperly the actions of

another party;

corrupt practice means the offering, giving, receiving or soliciting, directly or

indirectly, of anything of value to influence improperly the actions of another party;

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fraudulent practice means any act or omission, including a misrepresentation, that

knowingly or recklessly misleads, or attempts to mislead, a party to obtain a

financial or other benefit or to avoid an obligation;

misuse of the Bank’s resources means improper use of the Bank’s resources,

committed either intentionally or through reckless disregard;

obstructive practice means (i) destroying, falsifying, altering or concealing of

evidence material to a Bank investigation, which impedes the Bank’s investigation;

(ii) making false statements to investigators in order to materially impede a Bank

investigation into allegations of a prohibited practice; (iii) failing to comply with

requests to provide information, documents or records in connection with a Bank

investigation; (iv) threatening, harassing or intimidating any party to prevent it from

disclosing its knowledge of matters relevant to a Bank investigation or from

pursuing the investigation; or (v) materially impeding the exercise of the Bank’s

contractual rights of audit or inspection or access to information; and

theft means the misappropriation of property belonging to another party;

retaliation means any direct or indirect detrimental action recommended,

threatened or taken because an individual reported to the Bank any suspicion or

information received regarding the use of a prohibited practice in relation to a

Bank Project.

5.10 Independent Contractor

Nothing contained herein shall be construed as establishing or creating between the

Client and the Consultant or between the Bank and the Consultant the relationship of

master and servant or principal and agent, it being understood that the position of the

Consultant and of anyone else performing the Services is that of an independent

contractor.

5.11 Indemnities

(a) The Consultant shall fully indemnify, protect and defend at the Consultant's

own expense, the Client and its agents and employees, from and against any

and all actions, claims, losses or damages arising out of any violation by the

Consultant or the Expert(s) of any (i) applicable law or regulations, or (ii)

intellectual property rights of third parties, such as copyright, industrial design,

or patents in the course of performance of the Services.

(b) The Consultant shall:

(i) indemnify, protect and defend, at the Consultant's own expense, the

Client, its agents and employees, from and against any and all actions,

claims, losses or damages arising out of the Consultant's failure to

exercise the skill and care required under Clause 5.01(a) or breach of any

of its obligations under this Contract provided, however, the Consultant's

liability under this Clause 5.11(b) shall be limited, to actions, claims,

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losses or damages directly caused by such failure to exercise the said

care and skill or breach, and shall not include liability for indirect or

consequential damages.

(ii) in addition to any liability the Consultant may have under subparagraph

(i) at its own cost and expense, upon the request of the Client, re-perform

the relevant Services in the event of its failure to exercise the care and

skill required under Clause 5.01 (a) or its breach; provided, however,

that the Consultant shall have no liability for actions, claims, losses or

damages occasioned by (a) the Client's having overridden a decision or

recommendation of the Consultant or having required the Consultant to

implement a decision or recommendation with which the Consultant did

not agree and such disagreement was communicated to the Client in

writing, or (b) the improper execution of the Consultant's instructions by

agents, employees or independent contractors of the Client.

In any event the Consultant's indemnity to the Client under this Clause 5.11(b)

shall not exceed the amount set out in Appendix I.

5.12 Laws and Regulations

The Consultant shall respect and abide by all applicable laws and regulations, in the

Country of Assignment and elsewhere, and shall use its best efforts to ensure that the

Expert(s) and their dependants while in the Country of Assignment, and local

employees the Consultant might hire, respect and abide by all laws and regulations

of the Country of Assignment.

5.13 Proprietary Rights in Equipment

(a) Equipment supplied by the Client for the Services shall remain at all times the

property of the Client and shall be returned to the Client in accordance with

procedures to be determined by the Client.

(b) Equipment and materials provided by the Consultant for the Services shall

remain the property of the Consultant, unless otherwise agreed.

(c) Equipment purchased by the Client or by the Consultant for the purpose of

performing the Services and funded wholly or partly under this Contract shall

be the property of the Client, unless otherwise agreed by the Bank. The Bank

may direct the Client to deliver and dispose any such equipment.

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5.14 Proprietary Rights of the Client in Reports and Records

All reports and relevant data and information such as maps, diagrams, plans,

databases statistics and supporting records or material complied or prepared in the

course of the Services shall be confidential and shall be the absolute property of the

Client. The Consultant agrees to deliver all these materials to the Client upon

completion of this Contract. The Consultant may retain a copy of such data but shall

not use the same for purposes unrelated to this Contract without the prior written

approval of the Client

5.15 Insurance

(a) The Consultant shall take out and maintain at its own cost adequate

professional liability insurance as well as adequate insurance against third

party liability and loss of or damage to equipment purchased in whole or in

part with funds provided by the Client. The Consultant shall ensure that the

minimum amount of cover under the policy is not less than the amount

specified in Appendix I. The Consultant shall ensure that such insurance is in

place prior to commencing the Services.

(b) The Client undertakes no responsibility in respect of any life, health, accident,

travel or other insurance which may be necessary or desirable for the

Consultant, Expert(s), sub-contractors, or specialists associated with the

Consultant for purpose of the Services, nor for any dependant of any such

person.

(c) The Client reserves the right to require original evidence that the Consultant

has taken out the necessary insurance.

5.16 Language of Reports and Software Application

(a) All reports and recommendations and general correspondence from the

Consultant to the Client and all documents prepared by the Consultant under

this Contract shall be in the language specified in Appendix I.

(b) All reports, findings, information, work and documents to be provided to the

Client shall be created in the version of the software application identified in

Appendix I.

5.17 Services or Facilities of the Client

In the event that the Consultant encounters delay in obtaining personnel, facilities,

equipment or property to be provided by the Client according to Clause 4.05 or

when their performance or function do not meet the requirements set forth in

Schedule A, the Consultant shall promptly notify the Client of such delay or

difficulty, and may request an appropriate extension of time for completion of the

Services or, upon approval, purchase required services or facilities at the cost of the

Client.

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5.18 No Liability of Bank

The Client and the Consultant hereby acknowledge and agree that in consideration

of the Bank reviewing, and processing payment for, the Services provided by the

Consultant to the Client, the Bank shall not be liable to either the Client or the

Consultant for any claims, proceedings, costs, liabilities, expenses, loss or damage

arising out of or in connection with any act or omission (whether contractual

negligent, tortuous or otherwise) of the Consultant’s, its employees, sub-contractors

or agents including the Consultant’s or the Expert(s) performance of the Services

whether satisfactory or otherwise or any breach of any laws or regulations by the

Consultant, Expert(s) or its employees, sub-contractors or agents.

ARTICLE VI

General Provisions

6.01 Suspension of Payments

If any of the following events shall happen and be continuing, the Client may by

written notice to the Consultant suspend in whole or in part payments due thereafter

to the Consultant under the Contract:

(a) the Bank shall have suspended disbursements to the Client in respect of the

Project or the Grant;

(b) a default shall have occurred on the part of the Consultant in the performance

of the Contract and if remediable the Consultant, shall have failed to remedy

the default within thirty (30) days of being notified by the Client of the default;

or

(c) any other condition has arisen which, in the reasonable opinion of the Client,

interferes or threatens to interfere, with the successful carrying out of the

Services or the accomplishment of the purposes of the Contract in which case

thirty (30) days written notice shall be given.

6.02 Termination of the Contract by the Client

(a) If any of the following events shall have happened and be continuing, the

Client may by written notice to the Consultant terminate the Contract:

(i) any of the conditions referred to in Article 6.01 shall continue for a

period of thirty (30) days after the Client shall have suspended in whole

or in part payments due to the Consultant.

(ii) the Project or the Grant Agreement shall have expired or been

terminated.

(b) In any event, the Client may terminate the Contract at any time by giving no

less than thirty (30) days prior notice to the Consultant.

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6.03 Termination of the Contract by the Consultant

The Consultant shall promptly notify the Client in writing of any situation or of the

occurrence of any event beyond the reasonable control of the Consultant, which

makes it impossible for the Consultant to carry out its obligations. Upon

confirmation in writing by the Client of the existence of any such situation or event,

or upon failure of the Client to respond to such notice within thirty (30) days of

receipt thereof, the Consultant shall be relieved from all liability from the date of

such receipt for failure to carry out such obligations, and the Consultant may

thereupon terminate the Contract by giving no less than thirty (30) days prior written

notice.

6.04 Termination Procedure

(a) Upon termination of the Contract under Clause 6.02, the Consultant shall take

immediate steps to terminate the Services in a prompt and orderly manner,

reduce losses and to keep further expenditures to a minimum.

(b) Upon termination of the Contract (unless such termination shall have been

occasioned by the default of the Consultant), the Consultant shall be entitled to

be reimbursed in full for such costs as shall have duly incurred prior to the

date of such termination and for reasonable costs incidental to the orderly

termination of the Services, the return travel of the Expert(s) and the

reshipment of the personal effects and equipment of the Consultant, but shall

be entitled to receive no other or further payment, subject always to the

Maximum Contract Amount.

6.05 Governing Law and Settlement of Disputes

(a) This Contract shall be governed by and construed in accordance with the law

specified in Appendix I.

(b) Any dispute which arises out of the Contract, which cannot be amicably

settled, between the parties shall be referred for resolution to international

arbitration as specified in Appendix I. The resulting award shall be final and

binding on the parties and shall be in lieu of any other remedies.

6.06 Force Majeure

(a) If either party is temporarily unable by reason of Force Majeure or the laws or

regulations of the Country of Assignment to meet any obligations under the

Contract, and if such a party gives to the other party written notice of the event

within fourteen (14) days after its occurrence, such obligations of the party as

it is unable to perform by reason of the event shall be suspended for as long as

the inability continues.

(b) Parties shall take all reasonable measures to minimise the consequences of any

event of Force Majeure.

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(c) Neither party shall be liable to the other party for loss or damage sustained by

such other party arising from any event referred to in Clause 6.06(a) or delays

arising from such event.

(d) 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.

(e) During the period of their inability to perform the Services as a result of an

event of Force Majeure, the Consultant shall be entitled to continue to be paid

under the terms of this Contract as well as to be reimbursed for any additional

costs reasonably and necessarily incurred by them during such period and in

reactivating the Services after the end of such a period.

(f) The term “Force Majeure”, as employed herein shall mean acts of God,

strikes, lock-outs or other industrial disturbances, acts of the public enemy,

wars, blockades, insurrections, riots, epidemics, landslides, earthquakes,

storms, lightning, floods, washouts, civil disturbances, explosions, and any

other similar events, not within the control of either party and which by the

exercise of due diligence neither party is able to overcome.

6.07 Variation of the Contract

The Contract may be varied only by written agreement between the parties. All such

variations, including variations in the cost estimates and in the amount specified in

Clause 3.01(b) shall be in writing and shall be signed by the duly authorised

representatives of the parties.

6.08 Applicable Language

Any document or communication delivered pursuant to this Contract shall be in the

language specified in Appendix I.

6.09 Entire Contract

This Contract (including all Appendixes and Schedules) as amended from time to

time in accordance with the foregoing provisions contains the entire agreement

between the parties and supersedes all prior arrangements whether written or oral,

express or implied.

6.10 Survival Clauses

The following Clauses 3.03(e), 5.02, 5.06, 5.10, 5.11, 5.13, 5.14, 5.18 and 6.05 shall

survive the termination or expiry of this Contract.

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ARTICLE VII

Effective Date; Miscellaneous

7.01 Effectiveness

The Contract shall become effective upon the date specified and unless earlier

terminated in accordance with its terms, shall remain in full force until the Services

and all payments due and owing therefore have been completed, at which time the

parties hereto shall be mutually released from all obligations hereunder, subject to

Clause 6.10.

7.02 Authorised Representative

Any action required or permitted to be taken, and any documents required or

permitted to be executed, under this Contract may be taken or executed by the

Consultant or on its behalf and on behalf of the Client by the authorised persons

specified in Appendix I.

7.03 Notices or Requests

Any notices or requests required or permitted to be given or made under this

Contract shall be in writing in the language specified under Clause 6.08. Such

notice or request shall be deemed to be duly given or made when it shall be

delivered by hand, first-class registered mail, e-mail or facsimile to the party to

which it is required to be given or made at such party's address specified in

Appendix I or at such other address as either party may specify in writing, provided

that receipt of delivery (by mail), receipt of e-mail (by e-mail) or confirmation of

transmission (by facsimile), as the case may be, has been received by the sender.

IN WITNESS WHEREOF the parties acting through their duly authorised

representatives have caused this Contract in the English language to be signed, each

considered an original as of the day and year first above written.

For and on behalf of “Kotayk and Gegharkunik Municipal Solid Waste

Management” LTD

……………………………………..

Date: …………………………

For and on behalf of <<org_name6>>

……………………………………..

Date: ………………………….

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Enclosed:

Appendix I - Consultancy Contract Specific Provisions

Appendix II - Form of Advance Payment Guarantee

Schedule A - Terms of Reference

Schedule B - Staffing Schedule and Breakdown of Costs

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APPENDIX I

1.04 Start and End Dates

Except as the Client may otherwise agree, the Consultant shall commence the

Services on <<start_date>> (such date being called the “Start Date”). The

Services will be completed on or before <<end_date>> (such date being called the

“End Date”).

3.01a Maximum Contract Amount

Payments under this Contract shall not exceed the aggregate amount of

<<contract_ccy4>> <<contract_value3>> (the "Maximum Contract Amount").

This amount does not include any indirect taxes, including VAT, if chargeable in

respect of the Services or this Contract provided hereunder.

3.02 Currency of Payment

All payments shall be made in EURO.

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3.06a Mode of Billing and Payment

The payments shall be made in accordance with the following payment schedule:

50% of the Maximum Contract Amount shall be paid on lump-sum basis for the

submission and acceptance of the following reports:

Tender Evaluation Report for Construction of a new sanitary landfill in

Hrazdan and two transfer stations in Abovyan and Martuni (including

buildings and structures) contract (10%)

Tender document for Waste collection vehicles and Specialised equipment

for landfill operation (5%)

Tender Evaluation Report for Waste collection vehicles and Specialised

equipment for landfill operation (12%)

Tender document for Waste containers (6%)

Tender Evaluation Report for Waste containers (8%)

Waste collection schemes (20%)

Design(s) for the Waste container platforms (6%)

Tender document for Waste collection platforms (10%)

Tender Evaluation Report for Waste collection platforms (12%)

Landfill Company operating manual and training plan (11%)

2) 50% of the Maximum Contract Amount shall be paid on a time-based basis

for the supervision services in accordance with Schedule B.

3.06c Advance Payments

The advance payment will be in the amount of 10% of Maximum Contract Amount

(the "Advance"). Any Advance will only be paid to the Consultant after provision

by the Consultant to the Bank of an acceptable bank guarantee13

in an amount equal

to, and in the currency of, the Advance, valid until the Advance has been completely

offset as provided herein.

The Advance shall be reflected in, and offset against the Consultant's first

invoice and, if the first invoice is not for a sum equal to or greater than the

amount of the Advance, then against each subsequent invoice until the full

amount of the Advance has been fully offset. In the event the Contract is

terminated for any reason prior to the full amount of the Advance being

accounted for, the Consultant shall repay to the Bank, upon demand, such

amount of the Advance which has not been offset against invoices for Services

provided to the date of termination.

3.06d Bank Account of Consultant

<<bank_name>>

<<bank_address>>

Account Name: <<account_name>> <<account_nr>> <<sort_code>>

13

Form of Advance Payment Guarantee provided in Appendix II.

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5.11b Consultant's Indemnities

Clause 5.11(b) shall be subject to the following provisions:

That the Consultant is notified of such actions, claims, losses or damages not later

than 12 months after the conclusion of the Services;

That the ceiling on the Consultant's liability under Clause 5.11(b) shall be limited to

the higher of any insurance proceeds payable under the Consultant’s insurance or 1.1

multiples of the Maximum Contract Amount except that such a ceiling shall not

apply to actions, claims, losses or damages caused by the Consultant or Expert(s)’

gross negligence or reckless or wilful misconduct.

5.15 Insurance

The following amount of insurance has been agreed between the Parties: equal to the

Maximum Contract Amount.

5.16 Language of Reports

(a) English shall be the language for all communication, documentation and

reports under this Contract unless the Client expressly states otherwise. All

correspondence shall be accompanied by Armenian translation.

(b) The software application to be used shall be Microsoft Office unless the Client

expressly states otherwise.

6.05 Governing Law and Settlement of Disputes

(a) This Contract shall be governed by and construed in accordance with

Armenian law. Any non-contractual obligations arising out of or in connection

with this Contract shall be governed by and construed in accordance with

English law.

(b) Any dispute controversy or claim arising out of, or relating to this Contract or

the breach, termination or invalidity hereof or any non-contractual obligations

arising out of or in connection with this Contract which cannot be amicably

settled, shall be settled by arbitration in accordance with the UNCITRAL

Arbitration Rules as in force and effect on the date of this Contract. There shall

be one (1) arbitrator, and the appointing authority for the purposes of the

UNCITRAL Rules shall be the LCIA (London Court of International

Arbitration). The seat and place of arbitration shall be London, England and

the English language shall be used throughout the arbitral proceedings. The

Parties hereby waive any rights under the Arbitration Act 1996 or otherwise to

appeal any arbitration award to, or to seek determination of a preliminary point

of law by, the courts of England or elsewhere. The arbitrator shall not be

authorised to grant, and the Consultant agrees that it shall not seek from any

judicial authority, any interim measures or pre-award relief against the Client,

any provisions of the UNCITRAL Arbitration Rules notwithstanding.

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(c) Nothing in this Contract shall be construed as a waiver, renunciation or

modification by the Bank of any immunities, privileges and exemptions of the

Bank accorded under the Agreement Establishing the European Bank for

Reconstruction for Development, international convention or any applicable

law.

6.08 Applicable Language

Any document delivered pursuant to this Contract, apart from reports specified in

Clause 5.16 shall be in English.

7.02 Authorised Representatives

(a) The Consultant, if not an individual, hereby appoints <<contact_name2>> as

its authorised representative.

(b) The Client's authorised representative is Sergey Hambardzumyan.

7.03 Notices or Requests

For the Consultant:

The Consultant’s authorised representative

Name: <<contact_name>> Address: [org_name8]]

[org_long_address2]

Telephone: <<consultant_phone_nr>>

Facsimile: <<consultant_fax_nr>>

E-mail: <<consultant_email>>

For the Client:

The Client’s authorised representative

Name: Sergey Hambardzumyan Address: Hrazdan city, Square of Constitution, 2nd Administrative building,

Armenia

Telephone: +374 55 633703

E-mail: hambardzumyansergey@mail.ru

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APPENDIX II

[Note: See Clause GCC 3.06(c)]

Bank Guarantee for Advance Payment

_____________________________ [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 or a name of the Joint

Venture, same as appears on the signed Contract] (hereinafter called "the Consultant")

has entered into Contract No. _____________ [reference number of the contract] dated

____________ with you, for the provision of __________________ [brief description of

Services] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance

payment in the sum of _____ [insert currency] ___________ [insert amount in figures] (

) [insert currency and 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 ________

[insert currency] ___________ [amount in figures] ( ) [insert currency and

amount in words]1 upon receipt by us of your first demand in writing accompanied by a

written statement stating that the Consultant are in breach of their obligation under the

Contract because the Consultant have used the advance payment for purposes other than

toward providing the Services under the Contract.

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 their

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 certified monthly

statements which shall be presented to us. This guarantee shall expire, at the latest, upon

our receipt of the monthly payment certificate indicating that the Consultant has made full

repayment of the amount of the advance payment, or on the __ day of ___________,

1 The Guarantor shall insert an amount representing the amount of the advance payment and denominated

either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible

currency acceptable to the Client.

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2___,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.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication

No. 458.

_____________________

[signature(s)]

Note: All italicized text is for indicative purposes only to assist in preparing this form

and shall be deleted from the final product.

2 Insert the expected expiration date. In the event of an extension of the time for completion of the Contract,

the Client would need to request an extension of this guarantee from the Guarantor. Such request must be

in writing and must be made prior to the expiration date established in the guarantee.

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SCHEDULE A

TERMS OF REFERENCE

Consulting Services for Kotayk and Gegharkunik Solid Waste Management Project

Project Implementation Support

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SCHEDULE B

Staffing Schedule and Breakdown of Costs

(All amounts to be exclusive of indirect taxes, including VAT, which may be

chargeable by the Consultant)

«Armenia»: Consulting Services for: Kotayk and Gegharkunik Solid Waste

Management Project Project Implementation Support

[contract_ccy3]

1. Fees :

Name of Expert Job Title Worki

ng

Period

In the

Field

In

Home

Office

Total

Perio

d

Expert

Rate

Total

[fee_table]

Total Fees Fee_total

2. Per Diem Allowance:

Place Numbe

r

Rate Period Per Diem Total

[per diem_table]

Total Per Diem Per diem_total

3. Reimbursable Expenses*

Air Travel: (Full Economy Class or Equivalent)

Routing Air Fare No. of

Flights

Total

[air travel_table]

Total Air Travel air travel_total

Local Travel: (Travel from home to departure airport and return, and reasonable

local travel when abroad.)

Journey Cost No. of

Journeys

Total

[local travel_table]

Total Local Travel local trav_total

Miscellaneous:

Visas [description3] [amount3]

Interpretation [description4] [amount4]

Reports [description5] [amount5]

Communications [description6] [amount6]

Equipment Purchase [description7] [amount7]

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Accommodation (not listed in Per

Diem)

[description0] [amount0]

Other Miscellaneous Expenses

Miscellaneous Total

*May include indirect taxes, such as VAT which are not otherwise recoverable by the

Consultant.

4. Contingencies: (utilisation only after prior approval in writing by the Client) [contingency]

TOTAL MAXIMUM CONTRACT AMOUNT (Contract Ceiling Amount) [contract_value2]

Invoices must be prepared according to the attached Rules for the Preparation of

Invoices. The Bank and the Client shall not be responsible for delays in paying invoices

if the Consultant’s invoices do not comply with the attached Rules. Unless otherwise

stated, any equipment included in the Contract and purchased by the Consultant shall

be disposed of at the end of the Contract as may be directed by the Bank.

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RULES FOR THE PREPARATION OF INVOICES

The following points shall be observed when submitting invoices for payment.

All invoices except for the advance payment shall be addressed and sent to:

The original invoice and supporting documentation shall be sent to the Client at:

“Kotayk and Gegharkunik Municipal Solid Waste Management” LTD

Address: Hrazdan city, Square of Constitution, 2nd Administrative building, Armenia

With a copy sent simultaneously to the Bank at:

Donor Funded Operations

European Bank for Reconstruction and Development

One Exchange Square

London EC2A 2JN

UK

The Consultant should note that the copy of the invoice sent to the Bank is for its

information only. The Consultant should be aware that the Bank will not be authorised

to release payment for the invoice until the original invoice is approved and forwarded

to the Bank by the Client.

The Invoice for the advance payment should be addressed and sent directly to EBRD

for payment.

The Contract number shall be quoted on the invoice.

Invoices shall be marked to show the Consultant's business address, invoice number

and date. The name and telephone number of a person who may be contacted in case

of need to raise queries shall be quoted on the invoice.

The Bank will only make payments after (i) an original signed copy of the Contract

has been sent to Technical Cooperation (ii) submission of original invoices and

original supporting receipts (no faxes or copies shall be acceptable) and (iii)

confirmation from the Client that the invoice is in order.

Invoice payments will be made by direct transfer to a bank account.

Full details of the bank account where payment shall be made must be supplied on the

invoices, including currency of the account.

Period during which Services were performed must be stated.

Invoices shall be itemised in the order set out in Schedule B.

Fees and per diem allowances must be invoiced as per Clause 3.04 of the Contract.

Exchange rates should be stated in the invoice.

Any change to the Contract necessitating an amendment to the Contract should be

completed prior to submission of an invoice.

The last of the invoices (or, as the case may be, the only invoice) issued by the

Consultants for the Services shall be called the “Final Invoice” and shall be indicated

as such. The Final Invoice shall not be issued until all the Consultant’s obligations for

performing the Services have been fulfilled and the Client has confirmed completion

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of the Services. The “Final Invoice” must be submitted within three months of the

completion of the Services or the expiry date of the Contract.

Reimbursable expenses, including Air Travel, Local Travel and Miscellaneous costs

must be invoiced in the currency of the Contract, according to Clause 3.02 of the

Contract. For reimbursement of air travel costs, original ticket stubs must be

submitted, together with boarding cards and travel agency receipts. Exchange rates for

reimbursable expenses should be stated in the invoice. Conversions shall be made at

the rates published in the Financial Times on the first Monday of the relevant month

(the month that the invoice was prepared) if it is convertible or against submission of

evidence of the exchange rate applied when purchasing local currency for the

corresponding reimbursable expenses.

Per diem rates can be obtained from

http://europa.eu.int/comm/europeaid/perdiem/index_en.htm .

A numbered list detailing each reimbursable item shall be submitted, with

correspondingly numbered original receipts for each item attached.

Purchase of goods will be subject to the Bank’s Procurement Policies and Rules in

particular paragraphs 3.12 and 3.13. Where the Contract is EU funded, the goods must

be of EU origin or originate from the beneficiary states of the relevant programme in

compliance with EU Procurement Policies and Rules.

Any applicable indirect tax, including VAT chargeable by the Consultant shall be

separately itemised on the invoices; such amounts shall not be paid with the Grant

funds by the Bank and shall be recoverable directly from the Client.

Any questions regarding these Rules should be addressed to the Senior Budget Officer,

Technical Cooperation, telephone: + 44 20 7338 6927.