ZAMBIA REVENUE AUTHORITY

GOVERNMENT OF THE REPUBLIC OF ZAMBIA

INVITATION TO BID
TENDER No. ZRA/PSU/CS/20/16

TENDER FOR THE APPOINTMENT OF ARCHITECTURAL, QUANTITY

SURVEYING AND ENGINEERING CONSULTANTS FOR THE DESIGN AND
SUPERVISION OF THE PROPOSED CONTSTRUCTION OF THE MULTI-STOREY
ULTRA-MODERN ZAMBIA REVENUE AUTHORITY (ZRA) HEAD OFFICE

ZAMBIA REVENUE AUTHORITY

FUNDED BY THE GOVERNMENT OF THE REPUBLIC OF ZAMBIA

…………………………………………………………………………………………………..

Zambia Revenue Authority

P.O Box 35710
Kabwe Roundabout
LUSAKA

Tel:260-1 229214-18

Fax:260-1 229220

SEPTEMBER, 2016
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STANDARD BIDDING DOCUMENTS

ZAMBIA REVENUE AUTHORITY

Procurement of
Consultancy Services

Open National Selection

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CONTENTS

SECTION 1. LETTER OF INVITATION ........................ Error! Bookmark not defined.

SECTION 2. INFORMATION TO BIDDERS .................................................................... 4
DATA SHEET ...................................................................................................................... 12
SECTION 3. TECHNICAL PROPOSAL - STANDARD FORMS ............................... 15
SECTION 4. FINANCIAL PROPOSAL - STANDARD FORMS ................................ 29
SECTION 5. TERMS OF REFERENCE.......................................................................... 37
SECTION 6. STANDARD FORM OF CONTRACT ..................................................... 46
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INVITATION FOR BIDS

ZRA/PSU/CS/20/2016: REQUEST FOR TECHNICAL PROPOSALS FOR THE APPOINTMENT OF
ARCHITECTURAL, QUANTITY SURVEYING AND ENGINEERING CONSULTANTS FOR THE
DESIGN AND SUPERVISION OF THE PROPOSED CONSTRUCTION OF THE ZAMBIA
REVENUE AUTHORITY (ZRA) MULTI STOREY NEW ULTRA MODERN HEAD OFFICE.

_____________________________________________________________________________

The Zambia Revenue Authority, through the Ministry of Finance has received funding from the Government of the
Republic of Zambia and intends to apply part of the proceeds to cover payments resulting from the contract under which
this tender has been invited.
The main objective of this assignment is to engage a consortium of consultants to design and supervise the works from
inception to full completion of the multi storey new Ultra-modern Office Block for the Zambia Revenue Authority (ZRA).

The Zambia Revenue Authority now invites Technical Proposals for the appointment of Architectural, Quantity Surveying
and Engineering consultants for the design and supervision of the proposed construction of the Zambia Revenue Authority
Multi-storey new Ultra-Modern Head Office. More details on the service are provided in the Terms of Reference.

Bidding will be conducted through Open National Selection (ONS) procedures consistent with the Public Procurement
Act No.12 of 2008 of the Laws of Zambia and the Public Procurement Regulations, Statutory Instrument No.63 of 2011.

A firm will be selected under Quality and Cost Based Selection (QCBS) procedures described in the RFP.
The RFP includes the following documents:

Section 1- Invitation for proposals

Section 2- Information to Consultants
Section 3- Technical Proposal- Standard Forms
Section 4- Financial Proposal - Standard Forms
Section 5- Terms of Reference
Section 6- Standard Forms of Contract.

Eligible and interested bidders may obtain further information, inspect and purchase the Request for Proposal documents at
the Zambia Revenue Authority, Procurement Unit Office, 10th floor, Revenue House, P.O Box 35710 Lusaka, Zambia for a
non-refundable fee of K500.00 or its equivalent in a freely – convertible currency at the prevailing exchange rate in cash or
bank certified cheque. The telephone numbers are +260(01)380000 and the Telefax No.is +260 (1) 229220. The bidding
document can also be accessed on the Zambia Revenue Authority website:www.zra.org.zm. However Electronic or
Telefax bids will Not be Accepted.

The tender will have the following margins of preference applied in accordance with the Citizens
Economic Empowerment (Preferential Procurement) Act No.36 of 2011:

(a) Citizen - Influenced Company - 4 Percent

(b) Citizen - Empowered Company - 8 Percent
(c) Citizen – Owned Company - 12 Percent

Appropriately bound, sealed and boldly marked “Request for Technical Proposals for the Appointment of Architectural,
Quantity Surveying and Engineering consultants for the design and supervision of the proposed construction of ZRA
Head Office” must be deposited in the Tender Box situated on the 10th floor, Revenue House, Lusaka on or before Friday,
4th November, 2016 at 10:00hrs local time. All bids must be accompanied by a Bid Security of not less than K25, 000.00,
duly signed and sealed by the Guarantor(s) or a Bid Securing Declaration. Bids will be opened in the presence of bidders or
their representatives who choose to attend the opening of the bids in the Zambia Revenue Authority Board Room on the 9 th
floor of Revenue House on Friday 4th November, 2016 at 10:00 hour’s local time. LATE BIDS WILL NOT BE
ACCEPTED.

C.S. Mwandu
Assistant Director (P&S)
For /Commissioner General
ZAMBIA REVENUE AUTHORITY
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SECTION 2. INFORMATION TO BIDDERS

1. INTRODUCTION

1.1 The Client named in the “Data Sheet” will select a firm in accordance with the
method of selection indicated in the Data Sheet and detailed in the edition of the
Guidelines indicated in the Data Sheet.

1.2 The consultants are invited to submit a Technical Proposal and a Financial Proposal
as specified in the Data Sheet (the Proposal) for consulting services required for the
Assignment named in the Data Sheet. The Proposal will be the basis for contract
negotiations and ultimately for a signed contract with the selected firm.

1.3 The Assignment shall be implemented in accordance with the phasing indicated in
the Data Sheet. When the Assignment includes several phases, the performance of
the contract under each phase must be to the client’s satisfaction before work begins
on the next phase.

1.4 The Consultants must familiarize themselves with local conditions and take them
into account in preparing their Proposals. To obtain first-hand information on the
assignment and on the local conditions, consultants are encouraged to pay a visit to
the Client before submitting a Proposal
1.5 The Client will provide the inputs specified in the Data Sheet needed to carry out
the services, and make available relevant data and reports.

1.6 Please note that (i) the costs of preparing the proposal and of negotiating the
contract, including a visit to the Client, are not reimbursable as a direct cost of the
Assignment; and (ii) the Client is not bound to accept any of the Proposals
submitted.

1.7 The client requires that consultants provide professional, objective, and impartial
advice and at all times hold the Client’s interests paramount, without any
consideration for future work, and strictly avoid conflicts with other assignments or
their own corporate interests. Consultants shall not be hired for any assignment that
would be in conflict with their prior or current obligations to other clients, or that
may place them in a position of not being able to carry out the assignment in the
best interest of the Client.

1.7.1 Without limitation on the generality of this rule, consultants shall not be
hired under the circumstances set forth below:

(a) A firm, which has been engaged by the Client to provide services for
a project, and any of their affiliates, shall be disqualified from
providing consulting services for the same project. Conversely, firms
hired to provide consulting services for the preparation or
implementation of a project, and any of their affiliates, shall be
disqualified from subsequently providing goods or works or services
related to the initial assignment (other than a continuation of the
firm’s earlier consulting services) for the same project.
 5

(b) Consultants or any of their affiliates shall not be hired for any
assignment which, by its nature, may be in conflict with another
assignment of the consultants. In this regard, a consultant or any of
its affiliates shall not be allowed to have financial, business,
employment or other relationship, including the provision of non-
audit services with the Client that might compromise the consultant’s
independence and objectivity.

1.7.2 As pointed out in Para. 1.7.1 (a) above, consultants may be hired for
downstream work, when continuity is essential, in which case this possibility
shall be indicated in the Data Sheet and the factors used for the selection of
the consultant should take the likelihood of continuation into account. It will
be the exclusive decision of the Client whether or not to have the
downstream assignment carried out, and if it is carried out, which consultant
will be hired for the purpose.

1.8 It is the Client’s policy that consultants observe the highest standard of ethics during
the execution of the contract. In pursuance of this policy, the Client:

(a) defines, for the purposes of this provision, the terms set forth below as
follows:

(i) “Corrupt practice” means the offering, giving, receiving, or soliciting

of anything of value to influence the action of a public official in the
selection process or in contract execution; and

(ii) “Fraudulent practice” means a misrepresentation of facts in order to

influence a selection process or the execution of a contract to the
detriment of the Client, and includes collusive practices among
consultants (prior to or after submission of proposals) designed to
establish prices at artificial, noncompetitive levels and to deprive the
Client of the benefits of free and open competition.

(b) will reject a proposal for award if it determines that the firm recommended
for award has engaged in corrupt or fraudulent activities in competing for
the contract in question;

(c) will cancel the contract if it at any time determines that corrupt or
fraudulent practices were engaged in by representatives of the Client during
the selection process or the execution of that contract;

(c) will declare a firm ineligible, either indefinitely or for a stated period of
time, to be awarded a contract if the Client at any time determines that the
firm has engaged in corrupt or fraudulent practices in competing for, or in
executing, a contract; and

1.9 Consultants shall be aware of the provisions on fraud and corruption stated in the
standard contract under the clauses indicated in the Data Sheet.
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2. CLARIFICATIONS AND AMENDMENT TO DOCUMENTS

2.1 Consultants may request a clarification of any of the RFP documents up to the
number of days indicated in the Data Sheet before the Proposal submission date.
Any request for clarification must be sent in writing by paper mail, facsimile, or
electronic mail to the Client’s address indicated in the Data Sheet. The Client will
respond by cable, facsimile, or electronic mail to such requests and will send copies
of the response (including an explanation of the query, but without identifying the
source of inquiry) to all invited consultants who intend to submit proposals.

2.2 At any time before the submission of Proposals, the Client may, for any reason,
whether at its own initiative or in response to a clarification requested by an invited
firm, modify the RFP documents by amendment. Any amendment shall be issued in
writing through addenda. Addenda shall be sent by mail, cable, facsimile, or
electronic mail to all invited consultants and will be binding on them. The Client
may at its discretion extend the deadline for the submission of Proposals.

3. PREPARATION OF PROPOSAL

3.1 Consultants are requested to submit a Proposal (Para 1.2) written in the language(s)
specified in the Data Sheet.

Technical Proposal

3.2 In preparing the Technical Proposal, consultants are expected to examine the
documents comprising this RFP in detail. Material deficiencies in providing the
information requested may result in rejection of a Proposal.

3.3 While preparing the Technical Proposal, consultants must give particular attention
to the following:

(i) If a firm considers that it does not have all the expertise for the Assignment,
it may obtain a full range of expertise by associating with individual
consultant(s) and/or other firms or entities in a joint venture relationship or
sub-consultancy, as appropriate.

(ii) For assignments on a staff-time basis, the estimated number of key

professional staff-months is given in the Data Sheet. The proposal shall,
however, be based on the number of key professional staff-months estimated
by the firm.

(iii) It is desirable that the majority of the key professional staff proposed be
permanent employees of the firm or have an extended and stable working
relation with it.

(iv) Proposed key professional staff must at a minimum have the experience
indicated in the Data Sheet.

(v) Alternative key professional staff shall not be proposed, and only one
curriculum vitae (CV) may be submitted for each position.
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(vi) Reports to be issued by the consultants as part of this assignment must be in

the language(s) specified in the Data Sheet.

3.4 The Technical proposal should provide the following information using the attached
Standard Forms (Section 3):

(i) A brief description of the firm’s organization and an outline of recent

experience on assignments (Section 3B) of a similar nature. For each
assignment, the outline should indicate, inter alia, the profiles and names of
the staff provided, duration of the assignment, contract amount, and firm’s
involvement.

(ii) Any comments or suggestions on the Terms of Reference and on the data, a
list of services, and facilities to be provided by the Client (Section 3C).

(iii) A description of the methodology and work plan for performing the
assignment (Section 3D).

(iv) The list of the proposed staff team by speciality, the tasks that would be
assigned to each staff team member, and their timing (Section 3E).

(v) CVs recently signed by the proposed key professional staff and the
authorized representative submitting the proposal (Section 3F). Key
information should include number of years working for the firm/entity, and
degree of responsibility held in various assignments during the last ten (10)
years.

(vi) Estimates of the total staff effort (professional and support staff; staff time)
to be provided to carry out the Assignment, supported by bar chart diagrams
showing the time proposed for each key professional staff team member.
(Sections 3E and 3G).

(viii) Any additional information requested in the Data Sheet.

3.5 The Technical Proposal shall not include any financial information.

Financial Proposal

3.6 In preparing the Financial Proposal, consultants are expected to take into account
the requirements and conditions of the RFP documents. The Financial Proposal
should follow Standard Forms (Section 4).

3.7 The Financial Proposal should clearly identify, as a separate amount, the local taxes,
duties, fees, levies, and other charges imposed under the applicable law, on the
consultants, the sub-consultants, and their personnel (Section 4B).
 8

3.8 Consultants shall express the proposed Lump-sum fee for their services in the
currency of the Client’s country (Section 4B). The proposed fees shall remain valid
during the performance of the first one year contract.

3.9 Commissions and gratuities, if any, paid or to be paid by consultants and related to
the Assignment will be listed in the Financial Proposal submission form (section
4A).

3.10 The Data Sheet indicates how long the proposals must remain valid after the
submission date. During this period, the consultant is expected to keep available the
key professional staff proposed for the assignment. The Client will make its best
effort to complete negotiations within this period. If the Client wishes to extend the
validity period of the proposals, the consultants who do not agree have the right not
to extend the validity of their proposals.

4. SUBMISSIONS, RECEIPT, AND OPENING OF PROPOSALS

4.1 The original Proposal (Technical Proposal and Financial Proposal; see para 1.2)
shall be prepared in indelible ink. It shall contain no inter-lineation or overwriting,
except as necessary to correct errors made by the firm itself. Any such corrections
must be initialed by the person or persons who sign(s) the Proposals.

4.2 An authorized representative of the firm initials all pages of the Proposal. The
representative’s authorization is confirmed by a written power of attorney
accompanying the Proposal.

4.3 For each Proposal, the Consultants shall prepare the number of copies indicated in
the Data Sheet. Each Technical Proposal and Financial Proposal should be marked
“Original” or “Copy” as appropriate. If there are any discrepancies between the
original and the copies of the Proposal, the original governs.
4.4 The original and all copies of the Technical Proposal shall be placed in a sealed
envelope clearly marked “Technical Proposal,” and the original and all copies of the
Financial Proposal in a sealed envelope clearly marked “Financial Proposal” and
warning: “Do Not Open with the Technical Proposal.” Both envelopes shall be
placed into an outer envelope and sealed. This outer envelope shall bear the
submission address and other information indicated in the Data Sheet.

4.5 The completed Technical and Financial Proposal must be delivered at the
submission address on or before the time and date stated in the Data Sheet. Any
Proposal received after the closing time for submission of proposals shall be
returned unopened.

4.6 After the deadline for submission of proposals the Technical Proposal shall be
opened immediately by the evaluation committee. The Financial Proposal shall
remain sealed and deposited with a respectable public auditor or independent
authority until all submitted proposals are opened publicly.
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5. PROPOSAL EVALUATION

General

5.1 From the time the bids are opened to the time the contract is awarded, if any
consultant wishes to contact the Client on any matter related to its proposal, it
should do so in writing at the address indicated in the Data Sheet. Any effort by the
firm to influence the Client in the Client’s proposal evaluation, proposal comparison
or contract award decisions may result in the rejection of the consultant’s proposal.

5.2 Evaluators of Technical Proposals shall have no access to the Financial Proposals
until the technical evaluation is concluded.

Evaluation of Technical Proposals

5.3 The evaluation committee appointed by the Client as a whole and each of its
members individually, evaluates the proposals on the basis of their responsiveness
to the Terms of Reference, applying the evaluation criteria, sub criteria (typically
not more than three per criteria) and point system specified in the Data Sheet. Each
responsive proposal will be given a technical score (St). A proposal shall be
rejected at this stage if it does not respond to the Terms of Reference or if it
fails to achieve the minimum technical score indicated in the Data Sheet.

Public Opening and Evaluation of Financial Proposals; Ranking

5.5 After the evaluation of quality is completed, the Client shall notify those consultants
whose proposals did not meet the minimum qualifying mark or were considered
non-responsive to the RFP and Terms of Reference, indicating that their Financial
Proposals will be returned unopened after completing the selection process. The
Client shall simultaneously notify the consultants that have secured the minimum
qualifying mark, indicating the date and time set for opening the Financial
Proposals. The notification may be sent by registered letter, facsimile, or electronic
mail.

5.6 The Financial Proposals shall be opened publicly in the presence of the consultants’
representatives who choose to attend. The name of the consultant, the quality
scores, and the proposed prices shall be read aloud and recorded when the Financial
Proposals are opened. The Client shall prepare minutes of the public opening.

5.7 The evaluation committee will determine whether the Financial Proposals are
complete, (i.e., whether they have costed all items of the corresponding Technical
Proposals, if not, the Client will cost them and add their cost to the initial price),
correct any computational errors.

5.8 The lowest Financial Proposal (Fm) will be given a financial score (Sf) of 100
points. The financial scores (Sf) of the other Financial Proposals will be computed
as indicated in the Data Sheet. Proposals will be 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)
 10

indicated in the Data Sheet: The firm achieving the highest combined technical/
financial score will be invited for negotiations. SStTSfP=×+×%%

5.9 Tax Clearance Certificate

It is an absolute requirement that the taxes of the participating bidders MUST be in

good standing, or that a suitable payment agreement will have been agreed with the
Tax Divisions of the Zambia Revenue Authority for payment of outstanding
amounts and evidence of such agreements should be submitted with the bid.

Respondents to this tender are therefore required to obtain Tax Clearance

Certificates from the Zambia Revenue Authority. Failure to submit the Tax
Clearance Certificates WILL invalidate your response to this tender. The tax
clearances may be obtained from the following contacts depending on your
domicile:

DOMESTIC TAXES

Lusaka Assistant Commissioner-TCU (Tel. No. 01-224935)

Ndola Assistant Commissioner-Ndola (Luanshya,Mufulira) (Tel. No. 02-614694)
Kitwe Assistant Commissioner-Kitwe (Kitwe Chingola,Kalulushi) (Tel. No. 02-230362)

Kabwe Station Manager-Kabwe (Central Province) (Tel. No. 05-223642)

Livingstone Station Manager- Livingstone (Southern Province) (Tel. No. 03-320772)
Solwezi Station Manager- Solwezi (North Western Province) (Tel. No. 08-821633)
Kasama Station Manager- Kasama (Nothern Province) (Tel. No. 04-221810)
Mansa Station Manager Mansa (Luapula Province) (Tel. No. 02-821147)
Mongu Station Manager Mongu (Western Province) (Tel. No. 07-221662)
Chipata Station Manager Chipata (Eastern Province) (Tel. No. 06-221155)

6. NEGOTIATIONS

6.1 Negotiations will be held at the address indicated in the Data Sheet. The aim is to
reach agreement on all points and sign a contract.

6.2 Negotiations will include a discussion of the Technical Proposal, the proposed
methodology (work plan), staffing and any suggestions made by the firm to improve
the Terms of Reference. The Client and firm will then work out final Terms of
Reference, staffing, and bar charts indicating activities, staff, periods in the field and
in the home office, staff-months, logistics, and reporting. The agreed work plan and
final Terms of Reference will then be incorporated in the “Description of Services”
and form part of the contract. Special attention will be paid to getting the most the
firm can offer within the available budget and to clearly defining the inputs required
from the Client to ensure satisfactory implementation of the Assignment.

6.3 The financial negotiations will be reflected in the contract; and will reflect the
agreed technical modifications in the cost of the services. Unless there are
exceptional reasons, the financial negotiations will involve neither the remuneration
rates for staff (no breakdown of fees) nor other proposed unit rates.
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6.4 Having selected the firm on the basis of, among other things, an evaluation of
proposed key professional staff, the Client expects to negotiate a contract on the
basis of the experts named in the Proposal. Before contract negotiations, the Client
will require assurances that the experts will be actually available. The Client will
not consider substitutions during contract negotiations unless both parties agree that
undue delay in the selection process makes such substitution unavoidable or that
such changes are critical to meet the objectives of the assignment. If this is not the
case and if it is established that key staff were offered in the proposal without
confirming their availability, the firm may be disqualified.

6.5 The negotiations will conclude with a review of the draft form of the contract. To
complete negotiations the Client and the firm will initial the agreed contract. If
negotiations fail, the Client will invite the firm whose proposal received the second
highest score to negotiate a contract.

7. AWARD OF CONTRACT

7.1 The contract will be awarded following negotiations. After negotiations are
completed, the Client will promptly notify other consultants on the shortlist that
they were unsuccessful and return the Financial Proposals of those consultants who
did not pass the technical evaluation (Para 5.3)

7.2 The firm is expected to commence the Assignment on the date and at the location
specified in the Data Sheet.

8. CONFIDENTIALITY

8.1 Information relating to evaluation of proposals and recommendations concerning

awards shall not be disclosed to the consultants who submitted the proposals or to
other persons not officially concerned with the process, until the winning firm has
been notified that it has been awarded the contract.
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DATA SHEET

Information to Bidders
In an event of a conflict between clauses elsewhere the provisions hereunder
supersedes.
Clause
Reference

1.1 The name of the Client is: Zambia Revenue Authority.

The method of selection is: Quality and Cost Based Selection (QCBS)

1.2 A Technical and a Financial Proposals are requested: Yes

The name, objectives and description of the Assignment are: Provision of

Architectural, Quantity Surveying and Engineering consultancy services for
the design and supervision of the proposed construction of the Zambia
Revenue Authority Head Office.

The objective of the envisaged assignment is to engage a consortium of consultants

to design and supervise the works from inception to full completion of the Multi
storey new Ultra-Modern Office Block for the Zambia Revenue Authority.

1.3 A lump sum contract will be signed with the successful bidder, for the provision of
the consultancy services which will be subject to annual review. The contract will
be reviewed each year subject to the performance of the Auditors.

1.4 A pre-proposal conference will be held: YES. This will take place on 7th
October, 2016 at 09:00 hours. Location is Zambia Revenue Authority Head
Office on Kabwe Round about in Lusaka. From there, we shall proceed to the
site where site visit certificates will be issued. NB: Site visit is mandatory to
every bidder and failure to comply with this requirement will render the bid
nonresponsive.

The name(s), address (es), and telephone/numbers of the Client’s Official(s) are:

The Secretary - Procurement Committee

Zambia Revenue Authority
Revenue House
P.O. Box 35710
LUSAKA
Tel. No. 229214

1.5 The (ZRA) will provide the following inputs: Additional information on the Client that
may be of relevance to interested Consultants can be obtained via the Authority’s
website at: www.zra.org.zm

1.7.2 The Client envisages the need for continuity for downstream work: No

2.1 Clarifications may be requested up to fourteen days before the tender submission date.
 13

The address for requesting clarifications is: The Secretary, Procurement Committee,
P.O. Box 35710, Lusaka, Zambia, Telefax No. 260 (1) 229220 or e-mail
[email protected]

3.1 Proposals should be submitted in the following language(s): English

3.3 (i) Bidder may associate with other firm: YES

(ii) The estimated number of key professional staff months required for the assignment
is: To be determined by Consultants themselves.

(iv) At least all key professional staff should be members of Engineering Institute of
Zambia . Consultants to provide CVs and copies of qualifications of proposed
key staff. (Noncompliance with this requirement will render the Bid Non-
responsive).

(vi) Reports which are part of the assignment must be written in the following language:
English

(viii) Additional Information required in the Technical Proposal from the

consultancy Firm to include:

 Institutional membership with ZIA, SIZ, EIZ/NCC/Association of consulting

Engineers;
 Certificate of Registration or Incorporation as a consultancy Firm;
 Minimum experience of at least ten (10) years in consultancy.
 At least 3 similar assignments are required.
 (Eligibility) Attach valid membership to a professional body i.e EIZ.
 Attach properly issued Power of Attorney to commit the bidder (must
be witnessed by at least 2 Senior Officers with their positions, names
and signatures clearly indicated.
 Bid form must be correctly signed.
 Joint venture Agreement submitted and properly issued in case of a
submission by a (Joint Venture).
 Separate sealed Financial Proposal submitted in the right number of
copies (i.e 1No. original and 5No.copies).
 Curriculum vitae properly signed
 Audited financial reports for 3 years (2015, 2014, and 2013)

3.4 The Technical proposal should provide the following information using the
attached Standard Forms (Section 3):

(i) A brief description of the firm’s organization and an outline of

recent experience on assignments (Section 3B) of a similar nature.
For each assignment, the outline should indicate, inter alia, the
profiles and names of the staff provided, duration of the assignment,
contract amount, and firm’s involvement.

(ii) Any comments or suggestions on the Terms of Reference and on the

data, a list of services, and facilities to be provided by the Client
(Section 3C).
 14

(iii) A detailed description of the methodology and work plan for

performing the assignment (Section 3D).

(iv) A Comprehensive list of the proposed staff team by specialty, the

tasks that would be assigned to each staff team member, and their
timing (Section 3E).

(v) CVs recently signed by the proposed key professional staff and
the authorized representative submitting the proposal (Section
3F). Key information should include number of years working
for the firm/entity, and degree of responsibility held in various
assignments during the last ten (10) years.

(vi) Estimates of the total staff effort (professional and support staff;
staff time) to be provided to carry out the Assignment, supported
by bar chart diagrams showing the time proposed for each key
professional staff team member. (Sections 3E and 3G).

3.7 Taxes – All local taxes shall apply.

3.8 The consultants to state costs in Zambian Kwacha only. The quoted fees shall be for the
provision of Architectural, Quantity Surveying and Engineering consultancy for the design
and supervision of the proposed construction of the Zambia Revenue Authority Head Office
in Lusaka.

3.10 Proposals must remain valid 90 days after the submission date.

4.3 Consultants must submit an original and five (5) additional copies of each proposal.

4.4 The proposal submission address is: The Secretary, Procurement Committee, 10th Floor,
Revenue House, Kabwe Round about, Lusaka, Zambia. Bids must be deposited in the
Tender Box situated on the 10th Floor of Revenue House.

The information on the outer envelope should also include: The outer envelope shall be
addressed as follows:

The Secretary,
ZRA Procurement Committee
Zambia Revenue Authority
10th Floor, Revenue House,
Kabwe Round about,
LUSAKA,
ZAMBIA

“Request for Proposals for the Provision of Architectural, Quantity Surveying

and Engineering services for the design and supervision of the proposed
construction of the Zambia Revenue Authority”
 15

“Do not open before Friday 4th November, 2016 at 10:00 hours.

The inner envelopes for the Technical and Financial proposals shall bear the name
and address of the Consultant.

Proposals must be submitted no later than the following date and time: 10:00 hours
on Friday 4th November, 2016.

4.5 The address for bid submission is: The Secretary, ZRA Procurement Committee,
Zambia Revenue Authority, Lusaka. Bids must be submitted in the tender box
on the 10th floor, Revenue House.

5.1 The address to send requests for clarifications is: The Secretary, ZRA
Procurement Committee, Zambia Revenue Authority, Revenue House, P.O.
Box 35710, Lusaka, Tel No. 229214, Fax No. 229220.

5.3 The number of points to be given under each of the evaluation criteria are:

Points

(i) Specific experience of the consultants [10]

related to the assignment

a. Experience of the firm in designing 2

b. Experience in designs of similar 6
nature
c. Experience in the region 2

(ii) Adequacy of the proposed work plan [30]

and methodology in responding to the
Terms of Reference
a. Traffic forecasts 5
b. Analysis of alternative layouts 5
c. Technical approach and 10
methodology
d. Work plan 5
e. Organization and staffing 5

(iii) Qualifications and competence of the [50]

key staff for the Assignment

Evaluation shall be based on the

following staff. The consultants are
required to attach all the CVs of all
requested staff including
 16

qualifications. Firms to show proof

that proposed staff are registered with
relevant bodies (EIZ ).

a. Team leader (Project [10]

Management Expert)
–General Qualifications
- Adequacy for the assignment
- Experience in the region

b. Architectural expert [8]

–General Qualifications
- Adequacy for the assignment
- Experience in the region

c. Civil/Structural/Geotechnical [8]
Expert
–General Qualifications
- Adequacy for the assignment
- Experience in the region

f. Building services Engineer [6]

–General Qualifications
- Adequacy for the assignment
- Experience in the region

g. Quantity Surveyor [6]

–General Qualifications
- Adequacy for the assignment
- Experience in the region

h. Social and Environmental Expert [6]

–General Qualifications
- Adequacy for the assignment
- Experience in the region

i. Environment Health and Safety [6]

Expert
-General Qualifications
- Adequacy for the assignment
- Experience in the region

(iv) Local participation (as reflected by [10]

nationals among
key staff)
 17

Total Points: 100

The number of points to be given under each % of total points
evaluation sub criteria for qualifications of staff
are:

(i) General qualifications: 20%

(ii) Experience and adequacy for the 60%
project: 20%
(iii) Experience in region & language:

Total Points: 100%

The minimum technical score required to pass: 80%

The source of official selling rates is: The Bank of Zambia

The date of exchange rates is: 2 days prior to the latest date for
submission of proposals

The formula for determining the financial scores is Sf = 100 x Fm/F, in which Sf is the
the following: financial score, Fm is the lowest price
and F the price of the proposal under
consideration

5.7 All prices shall be presented in Zambian Kwacha and any proposal presented in
another currency shall not be considered.

5.8 The formula for determining the financial scores is the following:
Quality and Cost Based Selection (QCBS)

The weights given to the technical and Financial Proposals are:

T= 0. 80, and
P= 0. 20 . The Financial Proposal ranked lowest shall have a financial score of 100
points. The financial scores for other consultants shall be inversely computed.

6.1 The address for negotiations is: The Secretary, Procurement Committee,
Zambia Revenue Authority,
Revenue House,
P.O. Box 35710,
Lusaka,
 18

7.2 The Assignment is expected to commence a week after contract signing date at
Zambia Revenue Authority, Revenue House, Lusaka.
 19

SECTION 3. TECHNICAL PROPOSAL - STANDARD FORMS

3A. Technical Proposal submission form.

3B. Firm’s references.

3C. Comments and suggestions on the Terms of Reference and on

data services, and facilities to be provided by the Client.

3D. Description of the methodology and work plan for

performing the assignment.

3E. Team composition and task assignments

3F. Format of Curriculum Vitae of proposed key professional

staff.

3G. Time schedule for professional personnel.

3H. Activity (work) schedule.

.
 20

3A. TECHNICAL PROPOSAL SUBMISSION FORM

FROM: (Name of Firm) TO: (Name and address of Client)

______________________ ____________________________
______________________ ____________________________
______________________ ____________________________

Ladies/Gentlemen:

Subject: Hiring of Consultancy Service for ---------------------------

-----------------------------------------------Technical Proposal.
We, the undersigned, offer to provide the consulting services for the above in
accordance with your Request for Proposal dated [Date], and our Proposal. We are hereby
submitting our Proposal, which includes this Technical Proposal, and a Financial Proposal
sealed under a separate envelope.

If negotiations are held during the period of validity of the Proposal, i.e., before
[Date] we undertake to negotiate on the basis of the proposed staff. Our Proposal is binding
upon us and subject to the modifications resulting from contract negotiations.

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

We remain,

Yours sincerely,

Authorized Signature:
Name and Title of Signatory:
Name of Firm:
Address:
 21

3B. FIRM’S REFERENCES

Relevant Services Carried Out in the Last Five Years
That Best Illustrate Qualifications

Using the format below, provide information on each reference assignment for which your
firm/entity, either individually as a corporate entity or as one of the major companies within
an association, was legally contracted.

Assignment Name: Country:

Location within Country: Key professional staff

Provided by Your Firm/entity
(profiles):
Name of Client: No. of Staff:

Address: No. of Staff-Months;

duration of assignment:

Start Date (Month/Year): Completion Date Approx. Value of Services

(Month/Year): (in Current ZMK):
Name of Associated Consultants, if any: No. of Months of Key
professional staff, provided
by Associated Consultants:
Name of Senior Staff (Project Director/Coordinator, Team Leader) involved and functions
performed:

Narrative Description of Project:

Description of Actual Services Provided by Your Staff:

Firm’s Name: ________________________________________

 22

3C. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS

OF REFERENCE AND ON DATA, SERVICES, AND FACILITIES TO BE
PROVIDED BY THE CLIENT
_____________________________________________________________________________

On the Terms of Reference:

1.

2.

3.

4.

5.

On the data, services, and facilities to be provided by the Client

1.

2.

3.

4.

5.
 23

CONSULTING FIRM’S NAME:

3D. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN

FOR PERFORMING THE ASSIGNMENT
________________________________________________________________________________________
 24

3E. TEAM COMPOSITION AND TASK ASSIGNMENTS

1. Technical/ Managerial Staff

No. Name Position Task

1.

2.
3.
4.
..
..

2. Support Staff

No. Name Position Task

1.

2.
3.
4.
..
..
 25

3F. FORMAT OF CURRICULUM VITAE (CV) FOR

PROPOSED KEY PROFESSIONAL STAFF
Proposed Position: __________________________________________________________

Name of Firm: _____________________________________________________________

Name of Staff: _____________________________________________________________

Profession: ________________________________________________________________

Date of Birth: ______________________________________________________________

Years with Firm/Entity: __________________________ Nationality: _________________

Membership in Professional Societies: __________________________________________

_________________________________________________________________________

Detailed Tasks Assigned: ____________________________________________________

_________________________________________________________________________

Key Qualifications:

[Give an outline of staff member’s experience and training most pertinent to tasks on
assignment. Describe degree of responsibility held by staff member on relevant previous
assignments and give dates and locations. Use about half a page.]

_________________________________________________________________________

Education:

[Summarize college/university and other specialized education of staff member, giving

names of schools, dates attended, and degrees obtained. Use about one quarter of a page.]

_________________________________________________________________________

Employment Record:

[Starting with present position, list in reverse order every employment held. List all
positions held by staff member since graduation, giving dates, names of employing
organizations, titles of positions held, and locations of assignments. For experience in last
ten years, also give types of activities performed and client references, where appropriate.
Use about two pages.]
 26

Languages:

[For each language indicate proficiency: excellent, good, fair, or poor; in speaking,
reading, and writing ]

_________________________________________________________________________

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, these data correctly
describe me, my qualifications, and my experience.

____________________________________________________ Date: ________

[Signature of staff member and authorized representative of the Firm] Day/Month/Year

Full name of staff member:______________________________________

Full name of authorized representative: ___________________________

 27

3G. TIME SCHEDULE FOR KEY PROFESSIONAL PERSONNEL

Months (in the form of a Bar Chart)

No. Name Position Reports Due/Activities 1 2 3 4 5 Number of

Months

1. Subtotal (1)

2. Subtotal (2)

3. Subtotal (3)

4. Subtotal (4)

Full-time: _____________ Part-time: ______________

Reports Due: _____________
Activities _____________
Signature:__________________________
(Authorized Representative)
Full Name:_________________________

Title:______________________________

Address:___________________________
 28

3H. ACTIVITY (WORK) SCHEDULE

A. Field Investigation and Study Items

Month-wise Program (in form of Bar Chart)

(1st, 2nd, etc are months from the start of assignment)
No. Item of Activity 1st 2nd 3rd 4th 5th
(Work)
______________

______________

______________

______________

______________

B. Completion and Submission of Reports

Reports Date
1. Financial statements
 Draft Report March, 2017
 Final Report for Approval by the ZRA Board April 2017

2. Management Letter
 Draft Report March 2017
 Final Report April 2017
 29

SECTION 4. FINANCIAL PROPOSAL - STANDARD FORMS

4A. Financial Proposal submission form.

4B. Summary of costs.

4C. Breakdown of price per activity.

4D. Breakdown of remuneration per activity.

4E. Reimbursables per activity.

4F. Miscellaneous expenses.

 30

4A. FINANCIAL PROPOSAL SUBMISSION FORM

[Location, Date]

FROM: (Name of Firm) TO: (Name and Address of Client)

______________________ ______________________________
______________________ ______________________________

Ladies/Gentlemen:

Subject: Hiring of Consultants’ Services for -----------------------------

------------------------------------------------- Financial Proposal.
We, the undersigned, offer to provide the consulting services for the above in
accordance with your Request for Proposal dated [Date], and our Proposal (technical and
Financial Proposals). Our attached financial proposal is for the sum of [Amount in words
and figures]. This amount is inclusive of the local taxes.

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,
i.e., [Date].

We undertake that, in competing for (and, if the award is made to us, in executing)
the above contract, we will strictly observe the laws against fraud and corruption in force in
Zambia.

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

We remain,

Yours sincerely,

Authorized Signature:
Name and Title of Signatory:
Name of the Firm:
Address:
 31

4B. SUMMARY OF COSTS

COSTS AMOUNT (K)

Design and supervision fees

Local Taxes

Total amount of Financial Proposal

4C. BREAKDOWN OF PRICE PER ACTIVITY

Activity No: ______ Name: ______________________

_________________________________________________________________________
Sl. No. Price Component
Amount(s)
_________________________________________________________________________

1. Remuneration

_____________________________________

Sub Total :

_____________________________________

Note: The above form is to be filled up separately for each activity.

 32

4D. BREAKDOWN OF REMUNERATION PER ACTIVITY

Activity No.: ________________ Name: _______________________________

Sl.No. Names Position Input* Remuneration Amount

Rate
Regular
Staff
Consultants

Grand Total

* Staff months, or days as appropriate.

Note: The above form is to be filled up separately for each activity.

 33

4E. REIMBURSABLES PER ACTIVITY

Activity No.: ________________ Name: _______________________________

_________________________________________________________________________
Sl. Description Unit Quantity Unit Price Total Amount
No.
_________________________________________________________________________

_________________________________________________________________________

Note: The above form is to be filled up separately for each activity.

 34

Bid Security (Bid Bond)

[The Surety shall fill in this Bid Bond Form in accordance with the instructions indicated.]

BOND NO. ______________________

BY THIS BOND [name of Bidder] as Principal (hereinafter called “the Principal”), and
[name, legal title, and address of surety], authorized to transact business in Zambia, as
Surety (hereinafter called “the Surety”), are held and firmly bound unto [name of Procuring
Entity] as Obligee (hereinafter called “Zambia Revenue Authority”) in the sum of [amount
of Bond]1 [amount in words], for the payment of which sum, well and truly to be made, we,
the said Principal and Surety, bind ourselves, our successors and assigns, jointly and
severally, firmly by these presents.

WHEREAS the Principal has submitted a written Bid to Zambia Revenue Authority dated
the ___ day of ______, 20__, for the construction of [name of Contract] (hereinafter called
the “Bid”).

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the

Principal:

(a) withdraws its Bid during the period of bid validity specified in the Form of Bid; or
(b) having been notified of the acceptance of its Bid by Zambia Revenue Authority
during the period of Bid validity; (i) fails or refuses to execute the Contract Form; or
(ii) fails or refuses to furnish the Performance Security, if required, in accordance
with the Instructions to Bidders.
then the Surety undertakes to immediately pay to Zambia Revenue Authority up to the
above amount upon receipt of Zambia Revenue Authority’s first written demand, without
Zambia Revenue Authority having to substantiate its demand, provided that in its demand
Zambia Revenue Authority shall state that the demand arises from the occurrence of any of
the above events, specifying which event(s) has occurred.

The Surety hereby agrees that its obligation will remain in full force and effect up to and
including the date 28 days after the date of expiration of the Bid validity as stated in the
Invitation to Bid or extended by Zambia Revenue Authority at any time prior to this date,
notice of which extension(s) to the Surety being hereby waived.

IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to
be executed in their respective names this ____ day of ____________ 20__.

1
The amount of the Bond shall be denominated in Zambian Kwacha or the equivalent amount in a
freely convertible currency.
 35

Principal: _______________________ Surety: _____________________________

Corporate Seal (where appropriate)

_______________________________ ____________________________________
(Signature) (Signature)
(Printed name and title) (Printed name and title)
 36

Bid-Securing Declaration (Not Applicable for this tender)

[The Bidder shall fill in this Form in accordance with the instructions indicated.]

Date: [date (as day, month and year)]

Bid No.: [number of bidding process]

Alternative No.: [identification No if this is a Bid for an alternative]

To: [complete name of Procuring Entity]

We, the undersigned, declare that:

We understand that, according to your conditions, bids must be supported by a Bid-

Securing Declaration.
We accept that we will automatically be suspended from being eligible for bidding in any
contract with Zambia Revenue Authority for the period of time of [number of months or
years] starting on [date], if we are in breach of our obligation(s) under the bid conditions,
because we:
(a) have withdrawn our Bid during the period of bid validity specified in the Form of
Bid; or
(b) having been notified of the acceptance of our Bid by Zambia Revenue Authority
during the period of bid validity, (i) fail or refuse to execute the Contract; or (ii) fail
or refuse to furnish the Performance Security, if required, in accordance with the
ITB.
We understand this Bid Securing Declaration shall expire if we are not the successful
Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the
successful Bidder; or (ii) twenty-eight days after the expiration of our Bid.
Signed: [signature of person whose name and capacity are shown] In the capacity of [legal
capacity of person signing the Bid Securing Declaration]

Name: [complete name of person signing the Bid Securing Declaration]

Duly authorized to sign the bid for and on behalf of: [complete name of Bidder]

Dated on ____________ day of __________________, _______ [date of signing]

Corporate Seal (where appropriate)
[Note: In case of a Joint Venture, the Bid Securing Declaration must be in the name of all
partners to the Joint Venture that submits the bid.]
 37

SECTION 5. TERMS OF REFERENCE

1. INTRODUCTION

Zambia Revenue Authority (ZRA) was formed on 1 April 1994 as a corporate body, under
the ZRA Act, No. 23 of 1993 and charged with the responsibility of collecting revenue on
behalf of the Government of the Republic of Zambia (GRZ). The line Ministry is the
Ministry of Finance. Its Head Office is situated in Lusaka at the Kabwe Roundabout,
North-End, in the Central Business District (CBD). The increased traffic and inadequate
parking space for Taxpayers and staff have posed challenges to the continued operation at
the current head office. It is against this background that ZRA has secured funds through
the Government of the Republic of Zambia (GRZ) to construct its Ultra-Modern Head
Office facility on Elm Road, in the Woodlands area of Lusaka, away from the C B D.

OBJECTIVES
The objective of this assignment is to engage a consortium of consultants to design and
supervise the works from inception to full completion of the Multi storey new Ultra-
Modern Office Block to be built on property number LUSAKA/LN- 8426/7 along Burma
Road Woodlands as detailed in the annexes.

SCOPE OF WORK

The Scope of Works to be carried out by the consultants shall include but may not be
limited to the following:

i. Conduct geotechnical field investigations to determine the suitability of the site and
design appropriate foundations to support the structure for the proposed Office;
ii. Conduct the necessary Environmental Impact Assessments (EIA) in line with the
available legislation and propose appropriate remedial measures for the proposed
Office;
iii. Conduct Traffic studies and design an effective and efficient Traffic Management
Plan (TMP) for managing vehicular and pedestrian traffic flow in and out of the
propose Office car park;
 38

iv. Prepare and present sketches, concepts; architectural detailed drawings and schedule
of specifications for finishes for the proposed Offices to meet the minimum
requirements as outlined by clients design brief. In this regard, the consultant shall
prepare and present a three dimensional animation for the proposed building.
v. Prepare detailed designs for structural works
vi. Prepared detailed designs for Electrical; communication and computer data
network data works
vii. Prepare detailed designs for Ventilation , Cooling and Heating works
viii. Prepare detailed designs for physical security system inclusive of access control;
CCTV surveillance system and alarm system;
ix. Prepare detailed designs for landscaping and the drainage system
x. Prepare detailed designs for Building services (lifts; Escalators; water and sanitation
system).
xi. Supervise all the designed works and certify all payments;
xii. Prepare bills of quantities, specifications and working drawings for the proposed
Offices
METHODOLOGY
The Consultant is expected to come up with an appropriate methodology regarding the
implementation of the assignments. The proposed methodology shall be submitted to the
client for approval.

THE CONSULTING TEAM

The Consortium project team shall comprise highly qualified experts in the following fields
(as a minimum):

A. Team Leader – Project Management Expert ; The firm should have a minimum
experience of 10 years in project management of multi-disciplinary works from
inceptions to completion related to design and Supervision of construction of
Ultra-Modern Office building Infrastructure or similar works with a Certification in
Project Management. Experience in Prince 2 methodology will be desirable. The
firm should have Projects Managers registered with relevant professional
bodies, minimum qualification of bachelor’s degree in Projects Management
and ten (10) years experience in works similar nature. Master’s degree will be
 39

an added advantage. The firm as expected to secure a Professional Indemnity to a

minimum value of US$ 30,000.00 or Kwacha equivalent

B. Architectural Expert
i. The firm should demonstrate project specific (offices / corporate buildings)
past experience with references, in architectural designs of Ultra-Modern
multi-storey buildings / infrastructure or similar works from inception to
completion. International, particularly demonstration of experience of work
carried out in other African countries, would be an added advantage.
ii. The firm should have Architects registered with the Zambia Institute of
Architects, minimum qualification of bachelor’s degree in Architecture
and ten (10) years experience in works similar nature. Master’s degree
will be an added advantage
iii. Projects listed in item (i) above should be to a minimum value of US$ 30
million OR Kwacha equivalent
iv. Professional Indemnity to a minimum value of US$ 120,000.00 or Kwacha
equivalent
v. Project Architect should be registered with Zambia Institute of Architects
and have a minimum of 20 years post qualification experience. Membership
of International Professional bodies e.g. RIBA would be an added
advantage.
vi. The firm should be Zambian registered and Zambian owned.
vii. The firm should demonstrate technical capability in landscaping, interior
design and Green Building Features and capacity to undertake the project.

C. Civil / Structural Engineering

The firm should:
i. have Engineers registered with the Engineers Registration Board,
minimum qualification of bachelor’s degree in Civil Engineering and
ten (10) years experience in works similar nature. Master’s degree will
be an added advantage.
ii. have a minimum of 15 years practical experience in design of building
structures
 40

iii. demonstrate experience in the design, construction and supervision of

Multi- storey buildings constructed in reinforced concrete and structural
steel .
iv. must demonstrate experience in conducting geotechnical engineering
studies and topographic survey works; design of roads, paving and
drainages.
v. must be a member of the Association of Consulting Engineers of
Zambia (ACEZ)
vi. must be a member of Engineering Institute of Zambia (EIZ)
vii. must be member of the Engineers Registration Board of Zambia (ERB)
viii. is expected to secure Professional Indemnity insurance of minimum US$
50,000 or Kwacha
equivalent.
ix. The firm should demonstrate technical capability and capacity to undertake
the project in civil, structural, geotechnical and geomatic works.

D. Building Services Engineer Expert

i. The firm should have a minimum of 10 years of experience in design and
supervision of Electrical works, lifts; escalators, Water, Sanitation, IT
networks, electronic security, Ventilation, Fire suppression system; heating
and cooling of multi-storey buildings works or similar works.
ii. The firm should have Engineers registered with the Engineers
Registration Board, minimum qualification of Bachelor’s degree in
Electrical, Mechanical ,Network Engineering and ten (10) years
experience in works similar nature. Master’s degree will be an added
advantage
iii. The firm should be Members of the Association of Consulting
Engineers of Zambia and the Engineering Institute of Zambia.
iv. The firm should demonstrate technical capability and capacity to undertake
the project.
v. The firm is expected to carry professional indemnity of not less than US$
40,000 or Kwacha equivalent.
 41

E. Quantity Surveyors Expert

i. The firm should have a minimum of 12 years of experience in preparation of
Bills of Quantities and Value Engineering of multi-storey buildings works or
works of a similar nature.
ii. The firm should have Quantity Surveyor registered with the Zambia
Institute of Quantity Surveyors, minimum qualification of Bachelor’s
degree in Quantity Surveying and ten (10) years experience in works
similar nature. Master’s degree will be an added advantage.
iii. The firm should be a member of the Surveyors Institute of Zambia.
iv. The firm should be a member of the Quantity Surveyors Registration
Board
v. The firm is expected to carry professional indemnity of not less than US$
40,000 or Kwacha equivalent.

F. Social and Environmental Impact Assessment Expert

i. The firm should have a minimum of 5 years of experience in conducting Social
and Environmental Impact Assessments of projects related to multi-storey
buildings in built-Environments or projects of similar nature.
ii. The firm should have Environmentalist, minimum qualification of
Bachelor’s degree in Natural Sciences , Geography , Environmental
Engineering and ten (10) years experience in works similar nature.
Master’s degree will be an added advantage

G. Environmental Health and Safety Expert

i. The firm should have a minimum of 5 years of experience in conducting
Environmental Health and Safety for works related to construction of multi-
storey buildings in built-Environments or of similar works.
ii. The firm should have Environmentalist Health and Safety , minimum
qualification of Bachelor’s degree and ten (10) years experience in works
similar nature. Master’s degree will be an added advantage
 42

REPORTS AND SCHEDULE OF DELIVERABLES

The following are the deliverables for the assignment;
a. Inception report
b. Preliminary Design Report
c. Social / Environmental Impact Assessment Report duly approved by the Zambia
Environmental Management Agency (ZEMA)
d. Final Design Report / Tender Documents / Working drawings
 43

ANNEX 1 – CLIENT’S DESIGN BRIEF

LANDSCAPE DESIGN
The design should have indirect enhancements in terms of the quality of life and the
biosphere; permeable / informal pavings and sustainable drainage systems to
minimise flooding; indigenous and site specific planting to reduce heat gains;
allotments; wildlife supportive planting to improve habitats and biodiversity. The
parking area should be adequate for all the members of staff housed at the
institution, visitors and Tax payers. Access into the facility should clearly separate
pedestrian from vehicular traffic.

ENVIRONMENTAL BUILDING DESIGN

The building shall be orientated so that the long facades face north - south in order
to reduce unwanted heat gains on West and East facades from low angle sunlight in
the early morning and late afternoon. Glazing on West and East facing facades shall
be reduced and appropriate sunshades shall be provided where windows cannot be
avoided. The window location and design should allow for cross flow and high and
low level ventilation including secure night ventilation to make best use of thermal
mass.

BUILDING SERVICES
The design for water consumption should allow for low water use appliances. Day
lighting and artificial lighting should be considered together. Artificial lighting shall
be of high efficiency and shall be locally controlled or daylight /occupancy –sensor
controlled incorporated in the design where possible. The building design shall have
elevators / escalators; centralized Heating, Ventilation and Air conditioning systems
for offices and a dedicated cooling system for the Data Centre; Building
Management System; water supply systems; waste management system; motorised
vehicle access gates; Fire Detection alarm system; Access Control system; CCTV
surveillance system; automatic fire suppression systems and use of solar power for
non-critical lighting areas. Design should incorporate dedicated standby generator.
 44

ANNEX 2 – OFFICE CONFIGURATIONS PER FLOOR

All floors will host open plan offices, individual offices for Directors, Deputy
Commissioners, Assistant Directors/ Commissioners, secretaries, Boardrooms, ablution
(male, female and designed to also cater for differently abled persons) and a kitchen.
DESCRIPTION FLOOR AREA (M2) INCLUSIVE OF
FOYER
ROOF TOP (500M2)
SERVICES
COMMUNICATION
SOLAR PLANT

LEGAL
INTERNAL AUDIT
INVESTIGATION

EXECUTIVE OFFICE
PROJECT MANAGEMENT
RESEARCH AND PLANNING

INFORMATION TECHNOLOGY
ADMINISTRATION

FINANCE
FINANCE
HUMAN RESOURCES

CUSTOMS
CUSTOMS
REGISTRY

DOMESTIC TAXES
DOMESTIC TAXES
DOMESTIC TAXES

CUSTOMER SERVICES CENTER/TRANSPORT

AND STORES
BANK/ CLINICS/
CAFETERIA/AUDITORIUM/MUSUEM-MOTHERS
ROOM /LIBRARY

PLANT AND SERVICSE/STORAGE

TOTAL FLOOR AREA 16,800
 45

Refer to www.zra.org.zm for further information

5. SCHEDULE FOR SUBMISSION OF REPORTS

Reports Date
1. Financial statements
 Draft Drawings March 2017
 Final Drawings for approval by the April 2017
Management of ZRA

2. Management Letter
 Draft Drawings March 2017
 Final Drawings April 2017
 46

SECTION 6. STANDARD FORM OF CONTRACT

CONTRACT FOR PROVISION OF AUDIT

between

Zambia Revenue Authority

and

[name of Consultants]

Contract No.

Dated :
 47

CONTENTS Page No.

I. FORM OF CONTRACT. ...............……..............................................……………39

II. GENERAL CONDITIONS OF CONTRACT ........................................………….41

1. General Provisions ...........................................................................................……41

1.1Definitions .............................................................................…………..41
1.2 Law Governing the Contract ..................................................…………41
1.3 Language .................................................................................………...41
1.4 Notices ..........................................…........................................………..42
1.5 Location ....................................................................................………..42
1.6 Authorized Representatives ......................................................………..42
1.7 Taxes and Duties.......................................................................………..42
1.7 Contract Audit…………………………………………………………42

2 Commencement, Completion, Modification, and Termination of Contract.42

2.1 Effectiveness of Contract .........................................................………..42
2.2 Commencement of Services .....................................................………..42
2.3 Expiration of Contract .............................................................………...42
2.4 Modification ............................................................................………...42
2.5 Force Majeure ...........................................................................……….43
2.5.1 Definition ...................................................……………….…43
2.5.2 No Breach of Contract.................................………………….43
2.5.3 Extension of Time.........................................………………...43
2.5.4 Payments .......................................................………………..43
2.6 Termination ...................................................................……….43
2.6.1 By the Client................................................………..………...43
2.6.2 By the Consultants ..........................................………………44
2.6.3 Payment upon Termination ...............….........……………….44

3. Obligations of the Consultants ...............................................………………….…45

3.1 General ........................................................................…………...45
3.2 Conflict of Interest .................................................……………….45
3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc....…45
3.2.2 Consultants and Affiliates Not to Be Otherwise Interested in Project ......45
3.2.3 Prohibition of Conflicting Activities ...............…………... ……...45
3.3 Confidentiality .......................................................………...………45
3.4 Insurance to Be Taken Out by the Consultants ..............…......... …46
3.5 Consultants’ Actions Requiring Client’s Prior Approval ..………….….46
3.6 Reporting Obligations ........................................……......…………46
3.7 Documents Prepared by the Consultants to be the Property of the Client ...........46

4. Consultants’ Personnel .………................................................................................46

4.1 Description of Personnel......................................…… ………..............46
4.2 Removal and/or Replacement of Personnel............................................47

5. Obligations of the Client....................................................……………...................47

5.1 Assistance and Exemptions......…….....................................................47
5.2 Change in the Applicable Law...............................................................47
 48

5.3 Services and Facilities...........….............................................................47

6. Payments to the Consultants..............…...................................................................47

6.1 Lump Sum Remuneration...................……………................................47
6.2 Contract Price.............................................……....................................48
6.3 Payment for Additional Services...................………….........................48
6.4 Terms and Conditions of Payment...................................………..........48
6.5 Interest on Delayed Payments........................................…………........48

7. Settlement of Disputes.................………….…........................................................48
7.1 Amicable Settlement...............................................................................48
7.2 Dispute Settlement..................................................................................48

III. SPECIAL CONDITIONS OF CONTRACT ..................…….................................49

IV. APPENDICES.

Appendix A — Description of the Services..........…..……..................................................51

Appendix B — Breakdown of Contract Price……………………….........……..................52

Appendix C — Form of Bank Guarantee for Advance Payment.……………………........53

 49

I. FORM OF CONTRACT

Lump Sum Remuneration

This CONTRACT (hereinafter called the "Contract") is made the _________ day of the
month of ______________, 2016, between, on the one hand, Zambia Revenue Authority
(hereinafter called the "Client") and, on the other hand, _______________(hereinafter
called the "Consultants").

WHEREAS

(a) the Client has requested the Consultants to provide certain consulting services as
defined in the General Conditions of Contract attached to this Contract (hereinafter
called the "Services");

(b) the Consultants, having represented to the Client that they have the required
professional skills, and personnel and technical resources, have agreed to provide
the Services on the terms and conditions set forth in this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents shall be deemed to form an integral part of this Contract:

(a) The General Conditions of Contract (hereinafter called "GC");

(b) The Special Conditions of contract (hereinafter called "SC");

(c) Notification of contract award;

(d) The Technical and Financial proposal submitted by the bidder.

(e) The Request for proposals

2. The mutual rights and obligations of the Client and the Consultants shall be as set
forth in the Contract, in particular:

(a) The Consultants shall carry out the Services in accordance with the
provisions of the Contract; and

(b) the Client shall make payments to the Consultants in accordance with the
provisions of the Contract.
 50

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

Signed, sealed and delivered by:

Name _____________________________________

Signature_______________________Position____________________________________

On behalf of _________________________________________________ ( the Purchaser)

In presence of

Name _______________________________________

Signature_________________________Position__________________________________

On behalf of_________________________________________________( the Purchaser)

Signed, sealed and delivered by:

Name _____________________________________

Signature_______________________Position_____________________________

On behalf of ________________________________________________ ( the Supplier)

In presence of

Name _______________________________________

Signature_________________________Position_________________________________

On behalf of_____________________________________________ (the Supplier)

 51

II. GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions

Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:

(a) "Applicable Law" means the laws and any other instruments having the force of
law in the Client's country;

(b) "Contract" means the Contract signed by the Parties, to which these General
Conditions of Contract (GC) are attached, together with all the documents listed
in Clause 1 of such signed Contract;

(c) “Contract Price” means the price to be paid for the performance of the Services,
in accordance with Clause 6;

(d) "GC" means these General Conditions of Contract;

(e) "Client" means the Zambia Revenue Authority;

(f) "Party" means the Client or the Consultants, as the case may be, and Parties
means both of them;

(g) "Personnel" means persons hired by the Consultants or by any Sub-consultant

as employees and assigned to the performance of the Services or any part
thereof;

(h) "SC" means the Special Conditions of Contract by which these General
Conditions of Contract may be amended or supplemented;

(i) "Services" means the work to be performed by the Consultants pursuant to this
Contract;

(j) "Sub-consultant" means any entity to which the Consultants subcontract any part
of the Services in accordance with the provisions of Clauses 3.5 and 4.

1.2 Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between the Parties
shall be governed by the Applicable Law.

1.3 Language

This Contract has been executed in the language specified in the SC, which shall be
the binding and controlling language for all matters relating to the meaning or
interpretation of this Contract.
 52

1.4 Notices

Any notice, request or consent made pursuant to this Contract shall be in writing
and shall be deemed to have been made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or when sent
by registered mail, or facsimile to such Party at the address specified in the SC.

1.5 Location

The Services shall be performed at such locations as are specified in Appendix A

and, where the location of a particular task is not so specified, at such locations,
as the Client may approve.

1.6 Authorized Representatives

Any action required or permitted to be taken, and any document required or

permitted to be executed, under this Contract by the Client or the Consultants may
be taken or executed by the officials specified in the SC.

1.7 Taxes and Duties

Unless otherwise specified in the SC, the Consultants, Sub-consultants and their
Personnel shall pay such taxes, duties, fees and other impositions as may be levied
under the Applicable Law, the amount of which is deemed to have been included in
the Contract Price.

1.8 Contract Audit

In line with section 8 of the Public Audit Act, Cap 378 the Auditor General or any other
public officer, agent or specialist consultant authorized by Auditor General shall have
access to, and examine all books, records, papers reports and other documents relating to
this contract.

2. COMMENCEMENTS, COMPLETION, MODIFICATION AND

TERMINATION OF CONTRACT

2.1 Effectiveness of Contract

This Contract shall come into effect on the date the Contract is signed by both
Parties and such other later date as may be stated in the SC.

2.2 Commencement of Services

The Consultants shall begin carrying out the Services Seven (7) days after the date
the Contract becomes effective, or at such other date as may be specified in the SC.

2.3 Expiration of Contract

Unless terminated earlier pursuant to Clause 2.6, this Contract shall terminate at the
end of such time period after the Effective Date as is specified in the SC.
 53

2.4 Modification

Modification of the terms and conditions of this Contract, including any

modification of the scope of the Services or of the Contract Price, may only be
made by written agreement between the Parties.

2.5 Force Majeure

2.5.1 Definition

For the purposes of this Contract, "Force Majeure" means an event which is
beyond the reasonable control of a Party, and which makes a Party's
performance of its obligations under the Contract impossible or so
impractical as to be considered impossible under the circumstances.

2.5.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations under the contract
shall not be considered to be a breach of, or default under this Contract
insofar as such inability arises from an event of Force Majeure, provided
that the Party affected by such an event (a) has taken all reasonable
precautions, due care and reasonable alternative measures in order to carry
out the terms and conditions of this Contract, and (b) has informed the
other Party as soon as possible about the occurrence of such an event.

2.5.3 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete
any action or ask, 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.

2.5.4 Payments

During the period of their inability to perform the Services as a result of an

event of Force Majeure, the Consultants shall not be entitled to any payment
during such period.

2.6 Termination

2.6.1 By the Client

The Client may terminate this Contract, by not less than thirty (30) days’
written notice of termination to the Consultants, to be given after the
occurrence of any of the events specified in paragraphs (a) through (e) of
this Clause 2.6.1:

(a) if the Consultants do not remedy a failure in the performance of their

obligations under the Contract, within thirty (30) days of receipt after being
 54

notified or within such further period as the Client may have subsequently
approved in writing;

(b) if the Consultants become insolvent or bankrupt;

(c) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than thirty days; or

(d) if the consultant, in the judgment of the Client has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract.

For the purpose of this clause:

“corrupt practice” means the offering, giving, receiving or soliciting of

anything of value to influence the action of a public official in the selection
Process or in contract execution.

“fraudulent practice” means a misrepresentation of facts in order to

influence a selection process or the execution of a contract to the detriment
of the Client, and includes collusive practice among consultants (prior to or
after submission of proposals) designed to establish prices at artificial non-
competitive levels and to deprive the Client of the benefits of free and open
competition.

(e) if the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.

2.6.2 By the Consultants

The Consultants may terminate this Contract, by not less than thirty (30) days'
written notice to the Client, such notice to be given after the occurrence of any of
the events specified in paragraphs (a) and (b) of this Clause 2.6.2:

(a) if the Client fails to pay any monies due to the Consultants pursuant to this
Contract and not subject to dispute pursuant to Clause 7 hereof within forty-
five (45) days after receiving written notice from the Consultants that such
payment is overdue; or

(b) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than thirty (30) days.

2.6.3 Payment upon Termination

Upon termination of this Contract pursuant to Clauses 2.6.1 or 2.6.2, the Client shall
make the following payments to the Consultants:

(a) remuneration pursuant to Clause 6 for Services satisfactorily performed prior to

the effective date of termination;
 55

(b) except in the case of termination pursuant to paragraphs (a) and (b) of Clause
2.6.1, reimbursement of any reasonable cost incident to the prompt and
orderly termination of the Contract.

3. OBLIGATIONS OF THE CONSULTANTS

3.1 General

The Consultants shall perform the Services and carry out their obligations hereunder
with all due diligence, efficiency and economy, in accordance with generally
accepted professional standards and practices, and shall observe sound management
practices, and employ appropriate advanced technology and safe methods. The
Consultants shall always act, in respect of any matter relating to this Contract or to
the Services, as faithful advisers to the Client, and shall at all times support and
safeguard the Client's legitimate interests in any dealings with Sub-consultants or
third parties.

3.2 Conflict of Interests

3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.

The remuneration of the Consultants pursuant to Clause 6 shall constitute

the Consultants' sole remuneration in connection with this Contract or the
Services, and the Consultants shall not accept for their own benefit any trade
commission, discount or similar payment in connection with activities
pursuant to this Contract or to the Services or in the discharge of their
obligations under the Contract, and the Consultants shall use their best
efforts to ensure that the Personnel, any Sub-consultants, and agents of
either of them, similarly shall not receive any such additional remuneration.

3.2.2 Consultants and Affiliates Not to Be Otherwise Interested in Project

The Consultants agree that, during the term of this Contract and after its
termination, the Consultants and their affiliates, as well as any Sub-
consultant and any of its affiliates, shall be disqualified from providing
goods, works or services (other than the Services and any continuation
thereof) for any project resulting from or closely related to the Services.

3.2.3 Prohibition of Conflicting Activities

Neither the Consultants nor their Sub-consultants nor the Personnel shall
engage, either directly or indirectly, in any of the following activities:

(a) during the term of this Contract, any business or professional activities
in the Client’s country which would conflict with the activities
assigned to them under this Contract; or

(b) after the termination of this Contract, such other activities as may be
specified in the SC.
 56

3.3 Confidentiality

The Consultants, their Sub-consultants, and the Personnel of either of them shall
not, either during the term or within two (2) years after the expiration of this
Contract, disclose any proprietary or confidential information relating to the Project,
the Services, this Contract, or the Client's business or operations without the prior
written consent of the Client.

3.4 Insurance to Be Taken out by the Consultants

The Consultants (a) shall take out and maintain, and shall cause any Sub-consultants
to take out and maintain, at their (or the Sub-consultants', as the case may be) own
cost but on terms and conditions approved by the Client, insurance against the risks,
and for the coverage, as shall be specified in the SC; and (b) at the Client's request,
shall provide evidence to the Client showing that such insurance has been taken out
and maintained and that the current premiums have been paid.

3.5 Consultants’ Actions Requiring Client’s Prior Approval

The Consultants shall obtain the Client’s prior approval in writing before taking any
of the following actions:

(a) entering into a subcontract for the performance of any part of the Services,

(b) appointing such members of the Personnel not listed in the proposal.

3.6 Reporting Obligations

The Consultants shall submit to the Client the reports and documents specified in
Appendix A in the form, in the numbers, and within the periods set forth in the said
Appendix.

3.7 Documents Prepared by the Consultants to Be the Property of the Client

All reports and other documents and software submitted by the Consultants in
accordance with Clause 3.6 shall become and remain the property of the Client, and
the Consultants shall, not later than upon termination or expiration of this Contract,
deliver all such documents and software to the Client, together with a detailed
inventory thereof. The Consultants may retain a copy of such documents and
software. Restrictions about the future use of these documents, if any, shall be
specified in the SC.

4. CONSULTANTS' PERSONNEL

4.1 Description of Personnel

The titles, agreed job descriptions, minimum qualifications and estimated periods of
engagement in the carrying out of the Services of the Consultants' Key Personnel
are described in Appendix C. The Key Personnel and Sub-consultants listed by title
as well as by name in Appendix C are hereby approved by the Client.
 57

4.2 Removal and/or Replacement of Personnel

(a) Except as the Client may otherwise agree, no changes shall be made in the Key
Personnel. If, for any reason beyond the reasonable control of the Consultants, it
becomes necessary to replace any of the Key Personnel, the Consultants shall
forthwith provide as a replacement a person of equivalent or better
qualifications.

(b) If the Client finds that any of the Personnel have (i) committed serious
misconduct or has been charged with having committed a criminal action, or (ii)
have reasonable cause to be dissatisfied with the performance of any of the
Personnel, then the Consultants shall, at the Client's written request specifying
the grounds therefore, forthwith provide as a replacement a person with
qualifications and experience acceptable to the Client.

(c) The Consultants shall have no claim for additional costs arising out of or
incidental to any removal and/or replacement of Personnel.

5. OBLIGATIONS OF THE CLIENT

5.1 Assistance and Exemptions

The Client shall use its best efforts to ensure that Consultants are provided with
such assistance as specified in the SC.

5.2 Change in the Applicable Law

If, after the date of this Contract, there is any change in the Applicable Law with
respect to taxes and duties which increases or decreases the cost of services
rendered by the Consultants, then the fees to the Consultants under this Contract
shall be increased or decreased accordingly by agreement between the Parties.

5.3 Services and Facilities

The Client shall make available to the Consultants the necessary Services and
Facilities.

6. PAYMENTS TO THE CONSULTANTS

6.1 Lump Sum Remuneration

The Consultant’s total remuneration shall not exceed the Contract Price and shall be
a fixed lump sum described in Appendix A. Except as provided in Clause 5.2, the
Contract Price may only be increased above the amounts stated in clause 6.2 if the
Parties have agreed to additional payments in accordance with Clause 2.4.

6.2 Contract Price

The fees payable to the consultants shall be quoted in the Client’s currency.
 58

6.4 Terms and Conditions of Payment

Payments will be made to the account of the Consultants and according to the
payment schedule stated in the SC.

7. SETTLEMENT OF DISPUTES

7.1 Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes arising out of or
in connection with this Contract or its interpretation.

7.2 Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this Contract that
cannot be settled amicably within thirty (30) days after receipt by one Party of the
other Party's request for such amicable settlement may be submitted by either Party
for settlement in accordance with the provisions specified in the SC.
 59

III. SPECIAL CONDITIONS OF CONTRACT

Number of Amendments of, and Supplements to, Clauses in the General

GC Clause Conditions of Contract
_________________________________________________________________________

1.1 (a) The words "in the Client’s country" are amended to read "in Zambia".

1.2 The applicable law is the Laws of Zambia.

1.3 The language is: English

1.4 The addresses are:

Client : The Commissioner General

Zambia Revenue Authority
P.O. Box 35710, Lusaka

Attention : Mr. Kingsley Chanda

Facsimile : 222729

Consultants : _______________
_______________
_______________

Attention : _______________
Telex : _______________
Facsimile : _______________

1.6 The Authorized Representatives are:

For the Client : Mr. Kingsley Chanda

For the Consultant: _______________

1.7. The payable Lump sum contract fees shall be inclusive of all local taxes.
2.1 The date on which this Contract shall come into effect is: The date of signing the
contract.

2.2 The date for commencement of Services is: One week from the date of signing
the contract.

2.3 The period shall be after full execution of the contract.

3.4 The risks and the coverage shall be:

(1) Client’s liability and workers' compensation insurance in respect of the

Personnel of the Consultants and of any Sub-consultant, in accordance with
the relevant provisions of the Applicable Law, as well as, with respect to
 60

such Personnel, any such life, health, accident, travel or other insurance as
may be appropriate;

(2) Professional liability insurance, with a minimum coverage equal to total

contract value for this consultancy; and

3.7 The Consultants shall not use these documents for purposes unrelated to this
Contract without the prior written approval of the Client.

5.1 Not applicable.

6.2 All fees shall be quoted in Zambian Kwacha.

6.4 Payments shall be made according to the following schedule:

 March (Draft Drawings) 60%

 9th April (Final Drawings) 40%

6.5 Payment shall be made within 60 days of receipt of the invoice and the relevant
documents specified in Clause 6.4.

The interest rate is: Not applicable

7. Dispute Settlement

7.2 Any dispute, controversy, or claim arising out of or relating to this contract, or the
breach, termination or invalidity thereof shall be settled in accordance with the
existing Laws of Zambia.
 61

IV. APPENDICES

Appendix A

Description of the Services

The Services to be provided will among others include:

1. Undertaking risk assessments and internal control evaluations of the Authority’s

operational environment and work processes.

2. Conducting audit reviews of the Authority’s accounting records and year-end

financial statements in accordance with International Auditing Standards.

3. Providing Authority management with professional advice on best practices,

particularly as may pertain to financial or managerial control matters.

The reports to be submitted by the Consultants shall be due as shown in the table below:

Reports Date
1. Designs Drawings
 Draft Drawings March 2017
 Final Drawings for Approval by the ZRA April 2017
Board

2. Management Letter
 Draft Drawings March 2017
 Final Drawings April 2017
 62

Appendix B

Breakdown of Contract Price

List here the elements of cost used to arrive at the breakdown of the lump sum price:

1. Monthly rates for Personnel (Key Personnel and other Personnel).

2. Reimbursable expenditures.

This appendix will exclusively be used for determining remuneration for additional
services.
 63

Appendix C

Form of Bank Guarantee for Advance Payments

(Reference Clause 6.4 of Contract)

Ref.: ___________________________ Bank Guarantee:

Date:

Dear Sir,

In consideration of M/s_________________________ (Hereinafter referred as the ‘Client’,

which expression shall, unless repugnant to the context of meaning thereof include its
successors, administrators and assigns) having awarded to
M/s________________________ (hereinafter referred to as the ‘Consultant’ which
expression shall unless repugnant to the context of meaning thereof, include its successors,
administrators, executors and assigns), a Contract by issue of Client’s Contract Agreement
No.___________________ dated_________________ and the same having been
unequivocally accepted by the Consultant, resulting in a Contract valued at____________
for (Scope of Work) (hereinafter called the ‘Contract’) and the Client having agreed to
make an advance payment to the Consultant for performance of the above Contract
amounting to__________________ (in words and figures) as an advance against Bank
Guarantee to be furnished by the Consultant.

We__________________________________________ (Name of Bank) having its Head

Office at ______________(hereinafter referred to as the Bank), which expression shall,
unless repugnant to the context or meaning thereof, include its successors, administrators
executors and assigns) do hereby guarantee and undertake to pay the Client immediately on
demand an or, all monies payable by the Consultant to the extent of
___________________as aforesaid at any time upto______________ without any demur,
reservation, contest, recourse or protest and/or without any reference to the Consultant. Any
such demand made by the Client on the Bank shall be conclusive and binding
notwithstanding any difference between the Client and the Consultant or any dispute
pending before any Court, Tribunal, Arbitrator or any other authority. We agree that the
guarantee herein contained shall be irrevocable and shall continue to be enforceable till the
Client discharges this guarantee.

The Client shall have the fullest liberty without affecting in any way the liability of the
Bank under this Guarantee, from time to time to vary the advance or to extend the time for
performance of the Contract by the Consultant. The client shall have the fullest liberty
without affecting this guarantee, to postpone from time to time the exercise of any powers
vested in them or of any right which they might have against the Client and to exercise the
same at any time in any manner, and either to enforce or to forbear to enforce any
covenants, contained or implied, in the Contract between the Client and the Consultant any
other course or remedy or security available to the client. The bank shall not be relieved of
its obligations under these presents by any exercise by the Client of its liberty with
reference to the matters aforesaid or any of them or by reason of any other act or
forbearance or other acts of omission or commission on the part of the Client or any other
 64

indulgence shown by the Client or by any other matter or thing whatsoever which under
law would but for this provision have the effect of relieving the Bank.

The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
Consultant and notwithstanding any security or other guarantee that the client may have in
relation to the Consultant’s liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is
limited to___________ and it shall remain in force up to and including
______________and shall extend from time to time for such___________________ period
(not exceeding one year), as may be desired by M/s______________________ on whose
behalf this guarantee has been given.

Date this___________________ day of____________________2012

_________________at _______________________.

WITNESS

___________________
(Signature) (Signature)

___________________
(Name) (Name)

____________________
(Official Address) Designation
(With Bank Stamp)

Attorney as Per Power of

Attorney No.
Dated