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Form 1- TP.1Consultant Declaration and Contact Sheet

In response to the EBRD Procurement Notice for [insert assignment title, selection ID] (the “Assignment”), we, [insert name of lead or sole entity], are hereby submitting a Proposal for the Assignment.

We are making this application on behalf of ourselves and the following entities (the “Consultant”) for this Assignment:

Name(s) of legal entity or entities making this

application

Nationality (country where the entity is

registered)

Subcontractor or Consortium

member/ Joint Venture Partner

Lead

Subcontractor or Consortium member*

Subcontractor or Consortium member *

* add rows if necessary or delete if not applicable

We, as authorised signatory of the Consultant, hereby declare and/or confirm that the Consultant:1 and the proposed experts have no affiliation to any person or entity likely, on the basis of the

information currently available, to benefit from the provision of the services. We also confirm that if the Consultant is awarded the contract for the Assignment, no conflict of interest for any party would be created.

2 understands that it is the Consultant’s responsibility to ensure that any entities with which it associates for the purpose of preparing its RFP for this Assignment are aware of the rules and implications concerning participation in more than one expression of interest, as set out in Standard Instructions.

3 understands the Prohibited Practices provisions set out in Standard Instructions and has not and shall not be involved in any Prohibited Practices relating to the Assignment

4 has verified the availability of all experts named in its Proposal and that all experts listed have given their permission to be included.

5 is not bankrupt or insolvent, being wound up, having its affairs administered by the courts, entered into an arrangement with its creditors, has suspended business activities, is the subject of proceedings concerning any of the matters referred to in this paragraph, or in any analogous situation arising from a similar procedure provided for in national legislation or regulations.

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6 has verified that neither it nor any of its experts, have been prosecuted for an offence concerning its professional conduct by a judgment or equivalent decision1 which has the force of final judgement.

7 understands that it is under an obligation to check the references of all experts which are given access to the Bank’s IT systems or unescorted access to the Bank’s Headquarters or resident offices pursuant to the provision of the services to which this Expression of Interest relates. If relevant, the Bank will further detail this obligation prior to contracting.

8 if shortlisted, shall treat as confidential any information provided to it by the Bank.

9 understands that it is the Bank’s standard practice to publish the name and nationality of all consultants which are shortlisted for its assignments and would not object to its name being published, if shortlisted.

10 understands that should circumstances pertaining to this Consultant Declaration change or new information emerge prior to the award of the Assignment then the Consultant is under an obligation to bring such information to the Bank’s attention forthwith.

We will hold our Proposal valid for a period of 120 days from the deadline specified for the submission of proposals in the Procurement Notice, and if negotiations are held during the period of validity of the Proposal, we confirm our willingness to enter into a contract in accordance with the terms and conditions of the Standard Contract advertised on the Procurement Notice, including all schedules and attachments incorporated by reference in the Standard Contract.

To the best of our knowledge, the statements made and the information provided in our Proposal are complete, true and correct, and we undertake to provide verification for any information which you may request.

The Bank is authorized to conduct any inquiries to verify the statements, documents and information submitted in connection with this Proposal. This letter of submission will also serve as an authorization to any individual or institution, to provide such information deemed necessary and requested by yourself, to verify statements and information provided in this Proposal.

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

Signed on behalf of the ConsultantSignature………………… ……………….Name: DatePosition:Name & Address of Lead Entity:

1 “equivalent decision” may include, inter alia, arbitration sentences and non-judicial decisions, such as decisions rendered by empowered professional bodies, such as a regulated profession's disciplinary authorities and administrative decisions by regulators

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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 assignment:

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 Bank. Where the Procurement Notice states that the Bank’s eSelection procurement system is being used the applicant must ensure that the primary contact e-mail address used in eSelection is correct and is constantly monitored. Alternate contact ( including selection team member) although they may access the system, will not receive notifications. Consultants are advised to change the primary e-mail address on eSelection in the event that the primary contact will not be monitored constantly for any significant period of time. If the information in this Contact Sheet differs from that in eSelection then Consultants must be aware that it is solely the contact information in eSelection which the system will use for all communications. EBRD shall take no responsibility for Consultants which fail to monitor the e-mail accounts of their primary eSelection contact.The Bank will not be held responsible in the event that they can not contact the applicant using any of the above details. It is the sole responsibility of the applicant to ensure that it monitors its telephone and fax numbers and its postal and e-mail addresses. In particular, the Bank shall proceed on the assumption that the e-mail address(es) is constantly monitored, that your security settings permit the Bank’s e-mails to be received and that the e-mail address is capable of receiving attachments (particularly PDF and Microsoft Word).

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Form 1- TP.2

CONSULTANT’S ORGANIZATION AND EXPERIENCE

A - Consultant’s Organisation

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.

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 1 - TP.3

DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN IN RESPONDING TO THE TERMS OF REFERENCE

Please provide a brief description of the technical approach, methodology and work plan for performing the assignment.

Suggested structure of your Technical Proposal

a) Technical Approach and Comments on the ToRb) Work Plan and Deliverables c) Team Composition and Expert Inputs.

a) Technical Approach and Comments on the TOR. Please briefly explain 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 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). Please do not repeat/copy the TORs in here.

b) Work Plan and Deliverables. Please outline the plan for the implementation of the main activities/tasks of the assignment, their content and duration, phasing and interrelations, milestones, a list of the final documents (including reports) to be delivered as final output(s) should be included here and their tentative delivery dates.

c) Team Composition and Expert Inputs. Please describe the structure and composition of your team and their proposed inputs per each deliverable as per the work plan.

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Form 1- TP.4

WORK SCHEDULE AND PLANNING FOR DELIVERABLES

N° Deliverables 1 (D-..) Months1 2 3 4 5 6 7 8 9 ..... n TOTAL

D-1 {e.g., Deliverable #1: Report A1) data collection2) drafting3) inception report4) incorporating comments5) .........................................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, de-livery 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.

Form 1- TP.5

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TEAM COMPOSITION AND EXPERTS INPUTS

N° NameExpert’s input (in person/month) per each Deliverable (listed in

TECH-5)Total time-input

(in Months)Positi

on 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

SubtotalNON-KEY

N-1

[Home][Field]

N-2

n

SubtotalTotal

1 For Key Experts, the input should be indicated individually for the same positions as required under the Data Sheet ITC21.1.2 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.

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Form 6- TP.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]

7. Language skills: (Mark 1 to 5 for competence, 5 being the highest)

Language Reading Speaking Writing

8. Membership of professional bodies:9. Other relevant skills (e.g. computer literacy, etc.):10. Publications:

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Certification:

I, the undersigned, certify that to the best of my knowledge, these data correctly describe me, my qualifications and my experience. 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 and/or sanctions by the Bank.

Name of expert Signature Date

Name of authorised representative Signature Dateof the firm

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Form 2 - FP 1

Financial Proposal Form

SUBJECT: [insert assignment title, selection ID]

Herewith is our Financial Proposal in the sum of [amount in words and figures].

This amount is (exclusive of VAT),

A. (We determined that the services are exempted from indirect taxes/VAT. The basis of ex-emption is set out in …(provide evidence)….as attached, OR

B. (We determined that the services are subject to indirect taxes/VAT. The basis of the determination for indirect taxes/VAT being chargeable on the services is set out in …(provide evidence)…as attached;

Indirect taxes/VAT have been estimated at [amount in words and figures]. If this determination is verified by the Bank, it is intended that the Bank is responsible for paying and recovering the indirect taxes/VAT associated with the services;)

which we have estimated at [amount in words and figures]

Attachments: - Breakdown of Costs [exclusive of VAT]

___________________________________________________[authorised signature(s)]

Name and Title of SignatoryName of Firm

Address

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Form 2 - FP 2

Breakdown of Costs (Exclusive of VAT)[assignment_name and selection id ]

DIRECT EXPENSES

1. Fees (Remuneration):Name of Experts Job Titles Working

PeriodIn theField

In HomeOffice

TotalPeriod

ExpertRate

Total

Total Fees

2. Per Diem Allowance:Place Number Rate Period Per Diem Total

Total Per Diem

REIMBURSABLE EXPENSES

3. Air Travel: (Full Economy Class or Equivalent)Routing Air Fare No. of

FlightsTotal

Total Air Travel

4. Local Travel: (Travel from home to departure airport and return, and reasonable local travel when abroad)

Journey Cost No. of Journeys Total

Total Local Travel

5. MiscellaneousItem Description, number etc TotalVisasInterpretation and TranslationReportsCommunicationsEquipment PurchaseAccommodation (not listed in Per Diem) for long term expertsOther Miscellaneous Expenses (to be specified)Miscellaneous Total

6. Contingencies: (utilisation only after prior approval in writing by the Bank) [contingency]

Total Amount of Financial Proposal

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STANDARD INSTRUCTIONS TO CONSULTANTSFOR CONSULTANCY SERVICES PROCURED AND CONTRACTED BY EBRD

UNDER SINGLE STAGE OPEN COMPETETIVE SELECTION PROCESS

1. Definitions i. “Affiliate” means an individual or an entity that directly or indirectly controls, is controlled by, or is under common control with the Consultant.

ii. “Bank” or “EBRD” means the European Bank for Reconstruction and Development.

iii. “Client” means a public or a private entity or a government that benefits from the Consultant’s services.

iv. “Consultant” means a legally established professional consulting firm or an entity that may provide or provides the Services to the Bank under the Contract.

v. “Consultancy Services” means professional advisory and consultancy services delivered by individuals and/or consulting firms.

vi. “Contract” means a legally binding written agreement signed between the Bank and the Consultant.

vii. “Day” means a calendar day.viii. "Donor" means the provider of the Technical Cooperation or

Grant funds for the Consultancy Services.ix. “Experts” means, collectively, the Key Experts, the Non-Key

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

x. “Government” means the government of the Client’s country.xi. "Invitation" means a Request for Proposals

xii. "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 the Bank for the performance of the Contract.

xiii. “Key Expert” 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.

xiv. “Non-Key Expert” 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 CV is not evaluated individually.

xv. "Procurement Notice" is the notice published on the EBRD’s website and other channels, if applicable, which invites consultants to submit Expressions of Interest or Proposals, as the case may be.

xvi. “Proposal” means the Technical Proposal with, or without a Financial Proposal of the Consultant, as the case might be.

xvii. "Response" means Proposal, as the case may be.xviii. “Services” means the work to be performed by the Consultant

pursuant to the Contract.xix. “Sub-consultant” means an entity to whom the Consultant intends

to subcontract any part of the Services while remaining

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responsible to the Bank during the performance of the Contract.xx. “TORs” means the Terms of Reference that explain the

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

2. Introduction 2.1 EBRD intends to select a Consultant from the Consultants responding to this Notice, in accordance with the method of selection specified in this Procurement Notice.

2.2 The Consultants are invited to submit a Response, which may consist of one of the following: , a Technical Proposal and a Financial Proposal, or a Technical Proposal only, as specified in the Procurement Notice, for consulting services required for the assignment named in the Procurement Notice. The Response will be the basis for negotiating and ultimately signing the Contract with the selected Consultant.

3. Conflict of Interest 3.1 The Consultant is required to provide professional, objective, and impartial advice, at all times holding the Bank’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 Bank any situation of actual or potential conflict that impacts its capacity to serve the best interest of the Bank. Failure to disclose such situations may lead to the disqualification of the Consultant or the termination of its Contract and/or sanctions by the Bank.

3.2.1 Without limitation on the generality of the foregoing, and unless stated otherwise in the Procurement Notice, 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 Bank 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, 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 Bank or the Client’s staff: a Consultant (including its Experts [and Sub-consultants]) that has a close

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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) Any other types of conflicting relationships as indicated in the Procurement Notice.

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 Bank shall indicate in the Procurement Notice, and make available to all Consultants 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 beneficiaries of Bank financing, as well as tenderers, suppliers, sub-suppliers, contractors, subcontractors, concessionaires, consultants and sub-consultants under Bank financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the Bank:

(a) defines, for the purposes of this provision, Prohibited Practices as one or more of the following:

(i) 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;

(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’s assets" which means improper use of the Bank’s resources or Bank’s assets, committed either intentionally or through reckless disregard;

(vi) an "obstructive practice" which means (i) destroying,

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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

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

(b) will reject a proposal for award if it determines that the tenderer, supplier, sub-supplier, contractor, subcontractor, concessionaire or consultant or sub-consultant recommended for award has engaged in Prohibited Practices in competing for the contract in question;

(c) will cancel the portion of the Bank financing allocated to a contract for goods, works, services or concessions if it at any time determines that Prohibited Practices were engaged in by representatives of the Borrower or of a beneficiary of the Bank financing during the procurement or the execution of that contract, without the Borrower having taken timely and appropriate action satisfactory to the Bank to remedy the situation;

(d) may declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a Bank-financed contract if it at any time determines that the firm has engaged in Prohibited Practices in competing for, or in executing, a Bank-financed contract;

(e) reserves the right, where a Borrower or a beneficiary of Bank financing or a firm has been found by the final judgement of a judicial process in a member country of the Bank or by the enforcement (or similar) mechanism of another international organisation, including Mutual Enforcement Institutions as defined by the EBRD Enforcement Policy and Procedures to have engaged in Prohibited Practices.

(i) to cancel all or part of the Bank financing for such Borrower or beneficiary; and

(ii) to declare that such a firm is ineligible, either indefinitely or for a stated period of time, to be awarded a Bank-financed contract.

(f) The Bank will have the right to require that, in contracts financed by the Bank, a provision be included requiring suppliers, contractors, concessionaires and consultants to permit the Bank to inspect their accounts and records relating to the performance of the contract and to have them audited by auditors appointed by the Bank.

6. Eligibility 6.1 The Bank permits Consultants (individuals and firms, including JVCAs and their individual members) from all countries to offer

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consulting services for Bank-financed projects, unless otherwise provided in the Procurement Notice.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 Procurement Notice.6.3 As an exception to the foregoing Clauses 6.1 and 6.2 above:

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 (the "EPPs") 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 Procurement Notice.

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 Procurement Notice 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 Response, the Consultant is expected to examine the Procurement Notice in detail. Failure to provide the information requested in the Procurement Notice may result in rejection of the Response.

8. Cost of Preparation of Response

8.1 The Consultant shall bear all costs associated with the preparation and submission of its Response, and the Bank shall not be responsible or liable for those costs, regardless of the conduct or outcome of the selection process. The Bank is not bound to accept any Response, 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 Response, as well as all correspondence and documents relating to the Response exchanged between the Consultant and the Bank, shall be written in the language(s) specified in the Procurement Notice.

10. Only OneResponse

10.1 The Consultant (including the individual members of any JVCA) shall submit only one Response, either in its own name or as part of a JVCA in another Response. If a Consultant, including any

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JVCA member, submits or participates in more than one Response, all such Responses shall be disqualified and rejected. For the purpose of this Article, a Sub-consultant is not considered to be participating in a Response.

11. Clarification and Amendment of the Procurement Notice

11.1 The Consultant may request a clarification of any part of the Invitation documents during the period indicated in the Procurement Notice before the Response submission deadline. Any request for clarification must be sent in writing, by electronic means, as specified in the Procurement Notice. The Bank will respond in writing by electronic means. Should the Bank deem it necessary to amend the Invitation documents as a result of a clarification, it shall do so following the procedure described below:

11.1.1 At any time before the Response submission deadline, the Bank may amend the Invitation documents by issuing an amendment in writing by electronic means as specified in the Procurement Notice. The amendment will be binding on all Consultants.

11.1.2 If the amendment is substantial, the Bank may extend the Response submission deadline to give the Consultants reasonable time to take an amendment into account in their Responses.

11.2 The Consultant may submit a modified Response or a modification to any part of it at any time prior to the Response submission deadline. No modifications to the Response shall be accepted after the deadline.

12. Confidentiality 12.1 From the time the Responses are opened to the time the Contract is awarded, the Consultant should not contact the Bank on any matter related to its Response. Information relating to the evaluation of Responses and award recommendations shall not be disclosed to the Consultants who submitted the Responses or to any other party not officially concerned with the process, until the Contract award.

12.2 Any attempt by Consultants or anyone acting on their behalf to influence improperly the Bank in the evaluation of the Responses, shortlisting, or Contract award decisions may result in the rejection of such Consultants’ Response, 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 Response opening to the time of the publication of the Contract award, as the case may be, if a Consultant wishes to contact the Bank on any matter related to the selection process, it may do so only in writing via electronic means.

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Preparation of Proposals

13. Documents Comprising the Proposal

13.1. The Proposal shall comprise the documents and forms listed in the Procurement Notice. In preparing the Proposal, Consultants are expected to examine, in detail, the instructions and documents in the Procurement Notice.

13.2 Material deficiencies in providing the information requested may result in the rejection of a Proposal.

14. Validity of Proposals

14.1. The Proposals must remain valid for the period specified the Form 1-TP 1. During this period the Consultant isexpected to keep available the Experts proposed for theassignment.

a. Extension of Validity Period

The Bank will make its best efforts to complete negotiations within the published Validity period. If the Bank requests the Consultants to extend the validity period, those Consultants who do not agree to such extension, have the right not to extend the validity and withdraw their proposal.

b. Substitution of Key Experts at Validity Extension

14.1 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 Bank. In such case, a replacement Key Expert shall have equal or better qualifications and experience than those of the originally proposed Key Expert.

14.2 If the Consultant fails to provide a replacement Key Expert with equal or better qualifications, or if the provided reasons for the replacement are unacceptable to the Bank, such Proposal will be rejected.

15. Preparation of Proposals –

15.1. The Proposal shall consist of the following:

(i) Consultant Declaration and Contact Sheet, in the format indicated in the Form 1 – TP 1, completed in the manner and detail indicated therein and signed by the authorised representative of the Consultant(s);

(ii) the Technical Proposal (Form 1 - TP 2, TP3, TP 4, TP5, TP6) the Financial Proposal if requested. (Form 2 - FP 1 & FP 2).

16. Format and Content of the Proposal

16.1 A Technical Proposal shall not include any financial information. A Technical Proposal containing [financial information shall be declared non-responsive.

16.2 The Consultant is required to submit a Technical Proposal as indicated in the Form 1 – TP and using the standard forms provided.

17. Financial Proposal 17.1 The Financial Proposal should be prepared using the Form 2 – FP 1 and FP 2 completed in the manner and detail indicated therein.

17.2 The Financial Proposal should list all costs associated with performing the assignment.

17.3 The Financial Proposal must be expressed in the currency

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specified in the Procurement Notice.

17.4 Unless otherwise specified in Form 1- TP, and/or provided for in the [Standard Contract], the prices in the Financial Proposal to be incorporated in the final Contract, shall be fixed during the performance of the Contract and not subject to any variation on any account. A Proposal submitted with an adjustable price offer shall be treated as non-responsive and rejected.

18. Submission of Proposals

18.1 The completed Proposal must be delivered on or before the time and in the manner specified in the Procurement Notice.

19. Opening of Proposals

19.1 After the deadline for the submission of Proposals, the Technical Proposals shall be opened by the Bank.

19.2 Opening of the Financial Proposals shall be done in the manner described in the Procurement Notice.

20. Proposal Evaluation The Bank will examine each Proposal to see whether it is complete, has been prepared substantially in accordance with the instructions in the Procurement Notice and constitutes an adequate basis for the evaluation and comparison of Proposals.

21. Evaluation of Proposals

The evaluation committee, appointed by the Bank, will evaluate the proposals on the basis of their responsiveness to the TORs, applying the evaluation criteria and methodology specified in the Procurement Notice.

22. Interviews The technical evaluation may include interviews of the Key Experts. If required, these interviews will normally take place in the manner and at a time to be arranged by the Bank. The results of the interviews will be taken into account in the final technical score awarded to each Proposal.

23. Financial Evaluation

If Financial Proposals are requested, they will be evaluated in the manner specified and according to the methodology described in the Procurement Notice

24. Consolidated Score The technical score and the evaluated financial proposal of all responsive proposals will be combined, using the methodology outlined in the Procurement Notice.

25. Ranking The consolidated evaluation scores will be ranked, and thehighest ranked proposal will be recommended for selection.

Negotiations

26. Negotiations 26.1 If there are outstanding issues to be resolved prior to entering into a Contract, the Consultant with the highest ranked Proposal will be invited for negotiations.

26.2 Negotiations will normally begin with a discussion of the Technical Proposal addressing clarifications requested by the Bank and any suggestions the Consultant included in its Proposal.

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26.3 The agreed work plan and final TORs will form part of the Contract.

26.4 The financial negotiations will include clarifications (if any), and any adjustment in the cost of the services to reflect agreed technical modifications.

26.5. The Bank expects to negotiate a contract on the basis of the Experts named in the Proposal. Before Contract negotiations or Contract award, the Bank will require assurances that the proposed Experts are actually available. Failure to confirm the Key Experts’ availability may result in the rejection of the Consultant’s Proposal and proceeding to negotiate the Contract with the next-ranked Consultant.

26.6. The Bank will not entertain substitutions of Key Experts prior to the Contract award. 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.

26.7. If it is established that Experts offered in the Proposal were in fact not really available, the Consultant may be disqualified.

27. Contract Award 27.1 The Contract will be awarded following clarifications and/or Contract negotiations.

27.2 If the negotiations fail, the Bank 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 bank shall terminate the negotiations informing the Consultant of the reasons for doing so. The Bank will invite the next-ranked Consultant to negotiate a Contract. Once the Bank commences negotiations with the next-ranked Consultant, the Bank shall not reopen the earlier negotiations.

27.3 After the Contract has been signed by the Bank, the Bank will promptly notify the other Consultants who submitted Proposals that they were unsuccessful.

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EBRD Standard Consultancy Contract Template

http://www.ebrd.com/documents/procurement/standard-consultancy-contract-2017.pdf

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